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CP 2003-11-11 NOTICE OF CITY COUNCIL MEETING AND AGENDA NOVEMBER 11, 2003 DOUG STOVER, JAYNE PETERS, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 DIANA RAINES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:00 p.m. Council Chambers (Open to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, November 11, 2003, at 5:00 p.m. for Work Session, Executive Session will follow with a second Work Session immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reser ves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag111103 Page 1 of 6 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Council Communication and Work Program. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Discussion regarding sale of land west of Coppell Road and south of Bethel Road. WORK SESSION (Open to the Public) 4. Convene Work Session A. Discussion regarding the use of motorized and electric scooters on city streets, sidewalks and trails. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of a proclamation honoring all veterans of the armed ser vices, and authorizing the Mayor to sign. 8. Consider approval of the 03-04 Parks, Recreation and Open Space Master Plan Priority List as recommended by the Park Board. 9. Citizen's Appearances. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: October 28, 2003. B. Consider approval of an ordinance amending Chapter 6-5 Special Events and repealing Ordinance No. 93604, Resolution No. 092794.1, and Ordinance No. 97785 each in its entirety and authorizing the Mayor to sign. ag111103 Page 2 of 6 ITEM # ITEM DESCRIPTION C. Consider approval of the 2003-04 Officers for the Coppell Recreation Development Corporation as elected by unanimous decision of the CRDC at the October meeting. D. Consider approval of the amended By-laws of the Planning Commission. E. Consider approval for the purchase of eight vehicles (six replacements, and two additional for the Parks, Police and Water Utilities Depar tments) utilizing the Houston Galveston Area Council interlocal agreement in the amount of $157,405.00, as budgeted; and authorizing the City Manager to execute necessar y documents. Land Use and Development F. Consider approval of an Ordinance for Case No. PD-176R3, Bethel Road Estates, Phase II, zoning change from PD-176R2 (Planned Development-176 Revision 2) to PD-176R3 (Planned Development- 176 Revision 3), to reduce two lots to one to allow the development of one single-family home on 1.04 acres of proper ty located along the nor th side of Bethel Road approximately 120 feet east of Hear thstone Lane, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. S-1189R, Miss Julie’s Southern Sweets, zoning change request from C-S-1189 (Commercial, Special Use Per mit-1189) to C-S-1189R (Commercial, Special Use Permit-1189 Revised), to revise the current daily hours of operation of 5 a.m. to 5 p.m. for the Donut Shop to 5 a.m. to 12 noon, and to allow for the retail sale of bakery items for Miss Julie’s Southern Sweets from 12 noon to 8 p.m., within the existing approximate 973 square-foot restaurant located at 205 N. Denton Tap Road, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. S-1209, Kolache Depot Baker y, zoning change request from C (Commercial) to C-S- 1209 (Commercial, Special Use Per mit-1209), to allow the operation of an approximate 1,200 square-foot baker y and restaurant located at 761 S. MacAr thur Blvd., Suite 113, and authorizing the Mayor to sign. END OF CONSENT 11. Consider approval of the Nor thlake 635 Business Park, Lot 2, Block B (PSINet, Addition, Lot 1, Block 1), Site Plan Amendment, to amend the Site ag111103 Page 3 of 6 ITEM # ITEM DESCRIPTION Plan to allow for a covered structure to be erected over an existing parking area on the west side of the site located at 1333 Crestside Drive. 12. Consider approval of the Freepor t Nor th, Lot 3, Block 3 (Dexas), Site Plan, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the nor thwest corner of Creekview and Royal Lane. 13. PUBLIC HEARING: Consider approval of the Freepor t Nor th, Lot 3, Block 3 Addition (Dexas), Replat, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the nor thwest corner of Creekview and Royal Lane. 14. Consider approval of an ordinance to amend Ordinance No. 94680, in par t, by adding a seasonal increasing block rate to promote water conservation, and authorizing the Mayor to sign. 15. Consider approval of the purchase of upgraded equipment for the Communication Systems Center in the Coppell Police Depar tment at an approximate cost of $146,000 to be funded out of the E-911 Fund; and authorizing the City Manager to sign. 16. Consider approval to reconsider Ordinance No. 2003-1063 amending the Code of Ordinances by amending Chapter 9, Ar ticle 902, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts; and authorizing the Mayor to sign. 17. Consider approval of a resolution casting a vote for the four th member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. 18. Necessary action resulting from Work Session. 19. City Manager's Repor t. A. Retail Center Overview. 20. Council Committee Repor ts. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. ag111103 Page 4 of 6 ITEM # ITEM DESCRIPTION E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. 21. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I cer tify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2003, at __________________. ____________________________________ Libby Ball, City Secretar y DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. ag111103 Page 5 of 6 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag111103 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2004 Economic Development • Focus on development "Hot Spots" • Develop comprehensive business retention plan • Develop partnerships to revitalize vacant retail properties • Make next level decisions on Old Coppell Quality Public Facilities & Infrastructure • Maintain and increase IMF funding as required • Maintain quality of public facilities • Provide quality park and recreation activities for all • Strategically plan for community's future water needs Excellent City Services & High Citizen Satisfaction • Finalize assessment of Fire Department needs • Focus on employee retention • Timely responsiveness with quality delivery of service • Provide for feedback opportunities for and input from citizens Sense of Community • Develop and support community special events • Develop and support activities and programs for teens • Create opportunities for citizen involvement • Assess and finalize decision on community cemetery Fiscal Stability • Continue systematic reduction and management of debt • Continue and improve financial planning and forecasting • Ensure community can financially maintain what had been developed • Continue to diversify the City's tax base Neighborhood Integrity • Focus on code enforcement • Proactively monitor neighborhoods • Develop a communication plan with Home Owner Associations • Update Master Plan and zoning to ensure consistency Effective Transportation • Reduce traffic congestion • Make policy decisions on regional transportation/DART • Support transortation issues related to air quality • Continue public education on regional transportation issues Safe Community • Maintain and improve on existing safety levels • Raise awareness and support for Homeland Security • Provide quality public safety education programs • Enhance traffic control efforts DATE: November 11, 2003 ITEM #: WS-2 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Council Communication and Work Program. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DATE: November 11, 2003 ITEM #: ES-3 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding sale of land west of Coppell Road and south of Bethel Road. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: November 11, 2003 ITEM #: WS-4 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding the use of motorized and electric scooters on city streets, sidewalks and trails. B. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DEPT: City Manager DATE: November 11, 2003 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring all veterans of the armed services, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Veterans PROCLAMATION WHEREAS, November 11th is customarily recognized in the United States of America as a day to honor and commend Veterans of the armed services; and WHEREAS, the members of the armed services, past and present, invest their skills, their commitment and sometimes their very lives for the protection of our country and democracy; and WHEREAS, the service the Veterans provide to their country reflects the finest in the American spirit, and they continue to give back to their country and their community; and WHEREAS, the City Council of the City of Coppell can think of no group of people so deserving of admiration than those who have established, defended and maintained our essential freedoms and our unalienable rights. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby offer my congratulations and appreciation to all Veterans, especially those joining us here today, and encourage all citizens of Coppell to express to our Veterans the high regard and the profound appreciation we hold for their sacrifices and service. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ______ day of November, 2003. ______________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: Parks and Recreation DATE: November 11, 2003 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the 03-04 Parks, Recreation and Open Space Master Plan Priority List as recommended by the Park Board. GOAL(S): EXECUTIVE SUMMARY: This item is to obtain approval of the Parks, Recreation and Open Space Master Plan Priority List for 03-04 as recommended by the Park Board. The Park Board unanimously approved the proposed Priority List at the October 6, 2003 meeting. The Board realizes that there is not funding associated with this recommendation with the purpose of the list to simply inform the City Council of the development priorities should funding become available during the upcoming year. Mr. Victor Burke, Board Chair, is scheduled to be in attendance to present the list the evening of the meeting. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^MP Priorities-1AR 2003 PARKS, RECREATION AND OPEN SPACE MASTER PLAN PRIORITIES DESCRIPTION PRIORITY HIGH PRIORITY PROJECTS • Multipurpose Trails (Continuation of the Trail System master plan).H • Restroom Facility (Wagon Wheel Park – West side)...H • Parking lot (Wagon Wheel – West side).....H • Lighting of Practice Areas (Wagon Wheel Park)...H • Second Water Well (Wagon Wheel Park)....H • Nature Trails / Open Space Preservation ....H MEDIUM PRIORITY PROJECTS • Pavilion .........M (Wagon Wheel- West side, Moore Road and Grapevine Springs) • Shaded Playground .......M • Dog Park ........M (Wagon Wheel Park) • In-line Hockey & Skate Park......M (in-line hockey rink at MacArthur Park) • Amphitheater........M • Basketball Court Lighting (AB East and/or AB West courts)..M LOW PRIORITY • Fishing Pier (Moore Rd. Park, Duck Pond)....L • Racquetball Courts (indoor)......L • Nature Center.. .....L (Idea for the north-east portion of Wagon Wheel, long term goal) • Picnic Stations.... ...L (Grapevine Springs,Wagon Wheel, trail system) • Exercise Stations/Trail Amenities .....L (Exercise stations for the trail. Shaded rest areas for the trail system, to include directional kiosk, water, shaded seating, mile markers.) • Shelters (MacArthur, The Duck Pond, Villawood)...L • Human Chess Game (life size)L DATE: November 11, 2003 ITEM #: 9 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Secretary DATE: November 11, 2003 ITEM #: 10/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: October 28, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes MINUTES OF OCTOBER 28, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 28, 2003, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor (late ar rival) Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Pro Tem Peters called the meeting to order, deter mined that a quor um was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Gover nment Code - Deliberation regarding Real Proper ty. 1. Discussion regarding City-owned land north of Ruby Road and east of State Road. Mayor Pro Tem Peters convened into Executive Session at 6:06 p.m. as allowed under the above-stated article. Mayor Pro Tem Peters adjourned the Executive Session at 6:12 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Employee Wellness Program. B. Discussion regarding Holiday Lighting Sponsorship Program. C. Discussion of Agenda Items. CM102803 Page 1 of 11 REGULAR SESSION (Open to the Public) Mayor Stover ar rived at this time. 4. Invocation. Pastor Rod Cullver, Living Hope Church led those present in the Invocation. 5. Pledge of Allegiance. Coppell Boy Scout Troop 842 held a Flag Ceremony and led those present in the Pledge of Allegiance. 6. PROCLAMATIONS: A. Consider approval of a proclamation honoring John Br yan for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to John Bryan. Action: Councilmember Raines moved to approve a proclamation honoring John Br yan for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. B. Consider approval of a proclamation honoring Br yce Looney for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Bryce Looney. CM102803 Page 2 of 11 Action: Councilmember Faught moved to approve a proclamation honoring Bryce Looney for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Councilmember Suhy seconded the motion, the motion car ried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. C. Consider approval of a proclamation honoring Nathaniel Zastrow for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Nathaniel Zastrow. Action: Councilmember Tunnell moved to approve a proclamation honoring Nathaniel Zastrow for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. D. Consider approval of a proclamation naming the month of November Coppell ISD Education Foundation Month, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Andi Case. Action: Mayor Pro Tem Peters moved to approve a proclamation naming the month of November Coppell ISD Education Foundation Month, and authorizing the Mayor to sign. Councilmember Raines seconded the motion, the motion car ried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. E. Consider approval of a proclamation naming the week of November 3- 8, 2003 as Key Club Week, and authorizing the Mayor to sign. CM102803 Page 3 of 11 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Erin Ruthe. Action: Councilmember Suhy moved to approve a proclamation naming the week of November 3-8, 2003 as Key Club Week, and authorizing the Mayor to sign. Councilmember York seconded the motion, the motion car ried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 7. Presentation by Lynn Baldwin, Coppell Independent School District, regarding Service Learning. Presentation: Lynn Baldwin made a presentation to Council regarding Ser vice Learning. 8. Citizen’s Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: October 14, 2003. B. Consider approval of canceling the second meetings in November and December, being November 25, 2003 and December 23, 2003. C. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by Deleting Ar ticle 2-7, Sections 2-7-1 through 2-7-5, providing for the Coppell Telecommunications Board, reser ving the same for future use; and authorizing the Mayor to sign. D. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by deleting Ar ticle 2-5, Sections 2-5-1 through 2-5-3, providing for the Coppell 2000 Citizens Committee, reser ving the same for future use; and authorizing the Mayor to sign. CM102803 Page 4 of 11 E. Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, by deleting Ar ticle 2-8, Sections 2-8-1 through 2-8-6, providing for the Code Advisor y and Appeals Board, reser ving the same for future use; and authorizing the Mayor to sign. F. Consider approval of an Ordinance amending the Code of Ordinances by amending Section 2-1-4(E), the Librar y Board, Section 2-2-4(E), Parks and Recreation Board, Section 2-3-4(B), Keep Coppell Beautiful, and by adding Section 9-1-8(C), The Animal Ser vices Appeals Board, to establish minimum attendance requirements; by amending Section 2-1- 4, the Librar y Board, by adding subsection (F), amending Section 2-2-4, Parks and Recreation Board, by adding Subsection (F), amending Section 2-3-4, Keep Coppell Beautiful, by adding subsection (E)(2), amending Section 2-4-4, Planning and Zoning Commission, by adding subsection (F), amending Section 2-6-2, Building and Standards Commission, by adding subsection (H)(2), and by amending Section 9- 1-8, Animal Ser vices Appeal Board, by adding Subsection (C), to providing for abstaining from voting; and authorizing the Mayor to sign. G. Consider approval of The William T. Cozby Public Librar y Advisor y Board Amended By-Laws as approved by Librar y Advisor y Board on October 9, 2003. H. Consider approval of the Inter local Cooperation Agreement to promote Librar y Ser vices to Denton County Residents, for which the city will be compensated $10,925 for fiscal year 03/04 and authorizing the Mayor to sign. I. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 8, Section 8-1-3 of the Code of Ordinances by amending the maximum prima facie speed limit for Fieldcrest Loop and Fieldcrest Circle; and authorizing the Mayor to sign. J. Consider approval of a Release of Agreement between the City of Coppell and RPG Estates, Ltd. relating to the constr uction of Fairway Drive; and authorizing the City Manager to sign. K. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-4, adopting the 1999 National Electrical Code, by amending Section 85.4, providing a time specific for Electrical Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. CM102803 Page 5 of 11 L. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Article 15-1, adopting the 2000 Inter national Building Code, by amending Section 105.5, providing a time specific for Building Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. M. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-5, adopting the 2000 Inter national Fire Code, by amending Section 105.3.1, providing a time specific for Fire Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. N. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-6, adopting the 2000 Inter national Fuel Gas Code, by amending Section 106.4.3, providing a time specific for Fuel Gas Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. O. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-3, adopting the 2000 Inter national Mechanical Code, by amending Section 106.4.3, providing a time specific for Mechanical Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. P. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-2, adopting the 2000 Inter national Plumbing Code, by amending Section 106.5.3, providing a time specific for Plumbing Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. Q. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 15, Ar ticle 15-8, adopting the 2000 Inter national Residential Code, by amending Section R105.5, providing a time specific for Residential Code per mit expirations, providing an effective date, and authorizing the Mayor to sign. R. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 9, Ar ticle 9-2, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts, providing an effective date, and authorizing the Mayor to sign. Item R was pulled for separate consideration. CM102803 Page 6 of 11 Presentation: Jim Witt, City Manager, briefed Council on the Consent Agenda Items. Action: Councilmember Faught moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 2003-1051, D car r ying Ordinance No. 2003-1052, E car r ying Ordinance No. 2003-1053, F carrying Ordinance No. 2003-1054, G, H, I carr ying Ordinance No. 2003- 1055, J, K carr ying Ordinance No. 2003-1056, L carr ying Ordinance No. 2003-1057, M car r ying Ordinance No. 1058, N car r ying Ordinance No. 2003-1059, O car r ying Ordinance No. 2003-1060, P carrying Ordinance No. 2003-1061, and Q car r ying Ordinance No. 2003- 1062. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 9R. Consider approval of an Ordinance to amend the Code of Ordinances by amending Chapter 9, Article 9-2, Fence Regulations, by amending Section 9-2- 7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts, providing an effective date, and authorizing the Mayor to sign. Action: Councilmember York moved to approve Ordinance No. 2003-1063 amending the Code of Ordinances by amending Chapter 9, Article 9-2, Fence Regulations, by amending Section 9- 2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts, providing an effective date, and authorizing the Mayor to sign and make a condition to bring this item back to the November 11, 2003 meeting for further discussion. There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Gover nment Code – Consultation with City Attor ney. Mayor Stover convened into Executive Session at 8:05 p.m. as allowed under the above- stated article. Mayor Stover adjourned the Executive Session at 8:11 p.m. and reopened the Regular Session. CM102803 Page 7 of 11 REGULAR SESSION (CONTINUED) (Open to the Public) Action (Continued): Councilmember Raines seconded the motion, the motion carried 6-1 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion and Councilmember Tunnell voting ag ainst the motion. 10. Consider approval of the annual budget report for the Coppell Education Development Corporation. Presentation: Jim Witt, City Manager, briefed Council on this item. Action: Councilmember York moved to approve the annual budget report for the Coppell Education Development Corporation. Councilmember Faught seconded the motion, the motion car ried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. Consider approval of an Ordinance to amend the Code of Ordinances by adding Article 6-15, Sections 6-15-1 through 16-15-8, establishing provisions for temporary signs, providing an effective date, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, briefed Council on this item. Action: Councilmember Suhy moved to approve Ordinance No. 2003-1064 amending the Code of Ordinances by adding Article 6-15, Sections 6-15-1 through 16-15-8, establishing provisions for temporary signs, providing for an effective date, and authorizing the Mayor to sign with an additional restriction that signs for non-profit events sponsored by or organized in conjunction with private entities require the font used on non-profit’s name must be three (3) times the size of the font size of sponsoring entity, as depicted in Figure 1, and effective Januar y 1, 2004. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. CM102803 Page 8 of 11 12. Necessary action resulting from Work Session. There was no action necessary under this item. 13. City Manager's Report. A. Special Session Legislative Summar y. A. Jim Witt, City Manager, updated Council on the Special Session Legislative action that affects the City of Coppell. 14. Mayor and Council Reports. A. Repor t by Mayor Stover regarding Halloween Safety. B. Repor t by Mayor Pro Tem Peters regarding TEX-21's Quar terly Meeting. C. Repor t by Mayor Pro Tem Peters regarding the Historic Preser vation Conference. A. Mayor Stover reminded ever yone to have a safe and responsible Halloween. B. Mayor Pro Tem Peters reported on the Tex-21 Quarterly Meeting she attended in El Paso on October 17, 2003. C. Mayor Pro Tem Peters reported on the successful Historic Preser vation Conference held October 24, 2003 in Coppell. 15. Council Committee Reports. A. Car rollton/Far mers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Senior s - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Ser vice Center - Councilmember Brancheau. H. Nor th Texas Council of Gover nments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Ser vices - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. CM102803 Page 9 of 11 A. Councilmember Suhy reported that Lewisville ISD will hold a Salute to the American Veteran at 9:30 a.m., Tuesday, November 11th with a Recognition Breakfast at Timbercreek Elementar y followed by a Public Flag Raising Ceremony at 10:30 a.m. at the Lewisville ISD Administration Building. Car rollton Far mers-Branch ISD will hold a similar event at R. L. Turner High School on November 13th at 9:00 a.m. Also, on November 12, 2003 at 7:30 a.m. the Carrollton-Far mers Branch ISD Educational Foundation will be holding their Fund Raising Breakfast. The Car rollton-Farmers Branch Bond Election on October 25th was approved. B. There was nothing to report on this item. C. Councilmember York announced that the monthly potluck luncheon is Wednesday, October 29th and all seniors are invited to attend. Councilmember York also asked if City staff could look at the parking situation at the Coppell Senior Center and bring this infor mation back to a future Work Session. D. There was nothing to report on this item. E. There was nothing to report on this item. F. There was nothing to report on this item. G. There was nothing to report on this item. H. There was nothing to report on this item. I. Councilmember Tunnell reported on her meeting with North Texas Commission on October 28th. J. Councilmember Suhy announced that Mar y Joiner has joined Senior Adult Ser vices as their new Executive Director. K. There was nothing to report on this item. L. There was nothing to report on this item. M. There was nothing to repor t on this item. 16. Necessary Action Resulting from Executive Session. There was no action necessary on this item. CM102803 Page 10 of 11 There being no further business to come before the City Council, the meeting was adjourned. ___________________________ Douglas N. Stover, Mayor ATTEST: _______________________________ Libby Ball, City Secretar y CM102803 Page 11 of 11 DEPT: Fire Department DATE: November 11, 2003 ITEM #: 10/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending Chapter 6-5 Special Events and repealing Ordinance No. 93604, Resolution No. 092794.1, and Ordinance No. 97785 each in its entirety and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: (Special Event-1AR(Consent).doc 1 AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY AMENDING ARTICLE 6-5; PROVIDING FOR THE REGULATION OF PARADES AND SPECIAL EVENTS; PROVIDING FOR A PERMIT AND EXEMPTIONS; PROVIDING FOR THE REVOCATION, TERMINATION AND APPEAL OF PERMIT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas is hereby amended by amending Article 6-5 in part to read as follows: “ARTICLE 6-5 – SPECIAL EVENTS Sec. 6-5-1 DEFINITIONS. The following words and phrases, when used in this Article, shall, for the purpose of this article, have the meanings respectively ascribe to them in this section; Applicant means a person who has filed a written application for a special event. City means the City of Coppell, Texas. Committee Review means a parade or special event application that requires evaluation by the Special Event Review Committee to determine if city services, permits and follow-up inspections will be required. Concession means a facility at a special event where food or drink is offered to the public. 2 Licensee means the applicant/promoter or person to whom the parade or special event permit has been issued. Non-Committee Review means a parade or special event that does not require evaluation by the Special Event Review Committee to determine if city services, permits and follow-up inspections will be required, and may be approved by the Special Event Coordinator. Non-Profit means not maintained or organized for profit, as recognized by the State of Texas and the Federal Tax Code. Parade means the assembly of three or more persons whose gathering is the common design and purpose of traveling or marching in procession from one location to another location on a public thoroughfare or right-of- way to express feelings and beliefs on current political, religious or social issues. Parade shall include runs, walks, relays, marathons, or similar events. Person means any individual, assumed name entity, partnership, association, corporation or other organization. Permit shall mean the City of Coppell’s agreement giving the applicant/promoter permission to hold the Special Event, on the terms and conditions stated in the Permit and subject to the rules, regulations, and requirements of this Ordinance. Promoter means the person seeking to hold the special event, including the promoter’s employees, agents, affiliates, successors, permitted assigns, and other persons controlled by the promoter. Reimbursable Costs means all costs and expenses incurred by the City for activities associated with staging of the event, including, without limitation, the following: - Utilities services provided to the special event, including all of the costs of installation, maintenance, and connection. - Barricades and cones. - Special Event parking. - Food services inspection. - Repair, maintenance and removal of facilities in the event of a failure of applicant/promoter. 3 - Repair of streets, alleys, sidewalks, parks and other public property. - Police protection. - Fire protection. - Emergency medical service. - Garbage disposal and cleanup. - Traffic control. - Other direct costs associated with the special event. Sidewalk means that portion of a street intended for the use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines. Special Event means a temporary event or gathering, other than those events defined in this ordinance as a parade, using either private or public property, which involves one or more of the following activities, except when the activity is for construction or house moving purposes only: (a) closing a public street; (b) blocking or restriction of public property, limiting the use of parks by the general public, and streets; (c) offer of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance; (d) erection of a tent on public property, or on private property where otherwise prohibited by ordinance; (e) installation of a stage, band shell, trailer, van, portable building, grandstand or bleachers on public property, or on private property where otherwise prohibited by ordinance; (f) placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; and (g) placement of temporary no parking signs in a public right-of-way. Special Event Coordinator shall mean the city employee, as designated by the City Manager, responsible for reviewing the initial special event 4 application, coordinating meetings between the applicant/promoter and city representatives, collecting special event permit fees, and enforcing the Special Events Ordinance. The Special Event Coordinator shall chair the Special Event Review Committee. Special event/parade permit means approval from the City or its designated representative for a parade or special event. Special Event Review Committee shall mean a committee consisting of a representative from each of the following city departments: Building Inspections, Emergency Management, Environmental Health, Fire, Human Resources/Risk Management, Parks & Recreation, Police, Streets, and additional city staff as determined by the Special Event Coordinator upon review of the Special Event application. The Special Event Review Committee will meet on a monthly basis, or as needed. The Special Event Review Committee shall review the parade or special event application and procure from the applicant/promoter such clarifications and additional information necessary for the approval, denial or revocation of the permit using the outlines within this ordinance. Street means the entire width between the boundary lines of every way publicly maintained, when any part is open to the use of the public for purposes of vehicular travel. Sec. 6-5-2 PERMIT REQUIRED; EXEMPTIONS A. A person commits an offense if he engages in, participates in, aids, or commences a parade or special event within the city without first making written application for and receiving a permit from the City. B. No permits shall be required under this article for the following: 1. the Armed Forces of the United States of America, the military forces of the State of Texas, political subdivisions of the State of Texas, and the forces of the police and fire departments acting within the scope of their duties. 2. a funeral procession proceeding by a vehicle under the most reasonable route from a funeral home, church, or residence to the place of service or place of internment. 3. a peaceful demonstration at a fixed location which is not a street. 5 4. a sidewalk procession which observes and complies with the traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one-half of the sidewalk. Sec. 6-5-3 APPLICATION A. A person desiring to hold a parade or special event shall apply for a permit by filing with the Special Event Coordinator a written application upon a form provided for that purpose. Each parade and special event permit application shall be accompanied by a non-refundable application fee in the amount outlined in the City’s Master Fee Schedule approved by City Council for committee and non-committee review. An application for a parade or special event shall be made not less than sixty days prior to the date and time of the commencement of the parade or special event. The Special Event Coordinator and/or the Special Event Review Committee may waive the sixty-day filing requirements for a parade or special event if the Special Event Coordinator and/or the Special Event Review Committee determines that the application can be processed in less than sixty days, taking into consideration the type of parade or special event. If the application is submitted later than the required time as stated above, an expedited review fee may be required, the amount shall be outlined in the City’s Master Fee Schedule approved by City Council. B. An application must contain the following information: 1. the name, address, telephone number, email address, date of birth, and driver’s license number of the applicant/promoter, and, of any other persons responsible for the conduct of the parade or special event; 2. a description of the parade or special event and the requested dates and hours of operation of the parade or special event; 3. the estimated number of persons participating in the parade or special event and a set of detailed plans showing the area or route to be used during the parade or special event including proposed structures, tents, fences, barricades, signs, banners, and restroom facilities; 4. the time and location of street closings, if any are requested; 6 5. details of the offer of merchandise or serving of food or alcoholic beverages at the special event; 6. details of how the applicant/promoter will clean up the area used after the parade or special event; 7. the parade’s commencement and termination time, the specific route to be traveled, and the starting and termination points; 8. the estimated number of persons to participate in the parade; 9. the estimated number, if any, of animals, animals and riders, animal-drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations such as, but not limited to bands, color guards, and drill teams; 10. application fees required by the City. All City of Coppell sponsored events shall be exempt from fees; 11. prior approval by the Parks & Recreation Department to use the trail system or park facilities for a special event, if applicable; 12. proof of non-profit status; and 13. copy of contract, agreement, or details outlining arrangement between applicant and promoter. Sec. 6-5-4 APPROVAL OF PLANS A. When considering approval of an application, the Special Event Review Committee may consider (without limitation) the following factors: 1. whether the application allows for ample opportunity to properly plan and prepare for the special event; or 2. whether the special event is likely to promote the city in a positive manner; or 3. whether the special event is likely to promote tourism by attracting visitors; or 7 4. whether the special event is likely to benefit Coppell businesses; or 5. whether the special event is likely to promote family entertainment; or 6. whether the special event is likely to enhance a sense of community; or 7. whether, police, fire and other city services will be unduly burdened or adversely affected by the special event; and 8. whether the special event is reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. B. No person shall be discriminated against on the grounds of race, color, national origin or disability. C. A permit shall be subject to the applicant/promoter receiving approval from the Special Event Review Committee prior to the start of the special event for (without limitations) the plans described below. D. The City, by approving such plans, assumes no liability or responsibility therefor. E. The following plans shall be required: 1. Facilities: a comprehensive set of plans and specifications relating to all temporary facilities to be constructed or utilized for the special event. A building permit from the Building Inspections Department is required. 2. Fire Protection: a comprehensive plan for prevention of fires and for adequate protection of persons and property in the event of a fire, including, without limitation, adequate exits, fire extinguishers, adequate access for fire trucks and emergency vehicles. The fire protection plan shall be coordinated through the office of the Fire Marshal. 3. Food and Beverage Service: a comprehensive plan to provide food and beverage concessions. The Environmental Health Department shall approve the plan. 8 4. Emergency Medical Service: a comprehensive plan to provide adequate emergency medical services at the parade or special event. The plan shall be coordinated through the Fire Department Operations Division. 5. Parking, assembly or disassembly of parade participants: a comprehensive plan to provide adequate parking for the proposed parade or special event, including written permission by all of the owners of land to be used for the parade or special event. 6. Police Protection: a comprehensive plan providing for adequate safety, security, traffic and crowd control in connection with the parade or special event. The plan shall be coordinated through the Coppell Police Department. 7. Promotional: if applicable, comprehensive plan to promote, market, and advertise the parade or special event. Signs and banners shall be permitted through the Building Inspection Department. 8. Sanitation Plan: a comprehensive plan to insure that the highest standards of cleanliness and sanitation are maintained at the special event including adequate restroom facilities and appropriate refuse containers to accommodate refuse generated by its patrons and operations and a plan to empty the containers frequently so as to prevent overflow. 9. Emergency Medical Service, Police Protection, and Fire Protection beyond that level normally provided will be supplied by the appropriate City department as deemed necessary by the Chief of Police, the Fire Chief, or their designee, at the applicant/promoter’s expense. 10. Emergency Operations Plan: The Emergency Management Officer shall develop and distribute an emergency plan intended to provide various options to meet the needs of the patrons and staff in the event of an emergency, given the constraints of the site. It is further intended to function as an addendum to the City of Coppell’s emergency management plan. Sec. 6-5-5 ISSUANCE, DENIAL AND REVOCATION OF A PARADE OR SPECIAL EVENT PERMIT 9 A. Upon receipt of an application for a parade or special event permit, the Special Event Coordinator shall schedule the event on the appropriate Special Event Review Committee monthly agenda. B. The Special Event Review Committee shall meet on a monthly basis, or as needed, to review pending Special Event Permit applications. If required, specially called Special Event Review Committee meetings may be scheduled. The Committee shall make findings deemed appropriate and approve or deny the application. C. Should the applicant/promoter for a parade or special event permit reveal that the route requested would interfere with the orderly flow of vehicular and pedestrian traffic, the Special Event Review Committee shall have the authority to establish a reasonable alternate route and regulate the width of the event. D. The Special Event Review Committee may deny a parade or special event permit when said event for which the permit is requested would: 1. cross or use as a route, or as part of a route, any of the following: (a) State Highway 121 (b) Highway 635 (c) East Beltline Road (d) South Beltline Road (e) Denton Tap Road (f) Sandy Lake Road (g) MacArthur Boulevard 2. take place at the same location and/or time as a previously approved parade or special event; or 3. begin during, or within two hours of the start or after the end of a parade or special event for which a permit has been granted and follow a route that passes within one-half mile of any point of the route of the parade or special event for which a permit has been granted; or 10 4. unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; or 5. begin and/or end outside the city limits, unless or until the applicant/promoter receives approval from the adjacent City where the parade or special event begins or ends. E. The Special Event Review Committee may deny a parade or special event permit if: 1. the applicant/promoter fails to adequately provide for: (a) the protection of event participants; or (b) maintenance of public order in and around the special event location; or (c) crowd security; taking into consideration the size and character of the event; or (d) emergency vehicle access; or (e) safe sanitary conditions for preparation or operation of food concessions. 2. the applicant/promoter fails to provide a Certificate of Liability Insurance naming the City of Coppell as additional insured in the amount designated by the Human Resources/Risk Management representative to the Special Event Review Committee. Applicant/promoter must also provide the Certificate of Liability Insurance and an Endorsement Agreement not less than ten days prior to the date of the parade or special event; 3. the applicant/promoter fails to comply with, or the proposed parade or special event will violate a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this article; 4. the applicant/promoter makes a false statement of material fact on an application for a parade or special event permit; 5. the applicant/promoter fails to provide proof that he possesses or is able to obtain all licenses and/or permits 11 required by this code or other city ordinances or by other applicable law for the conduct of all activities included as part of the parade or special event; 6. the applicant/promoter fails to notify the businesses affected by the parade or special event, in writing, of street closures ten days prior to the event; 7. the applicant/promoter has had a parade or special event permit revoked within the preceding twelve months or the applicant/promoter has committed two or more violations of a condition or provision of a parade or special event permit or of this article within the preceding twelve months; 8. the applicant/promoter fails to pay any outstanding costs owed to the City for past parade or special event permits; 9. the applicant/promoter fails to submit the required fees and agree in writing to reimburse the City for the estimated costs for the proposed parade or special event; 10. the proposed parade or special event would unduly burden City services; 11. after evaluation by the Special Event Review Committee, it is determined the City of Coppell, or its citizens, would not benefit from the parade or special event because: (a) the application does not allow for ample opportunity to properly plan and prepare for the special event; or (b) the special event is not likely to promote the city in a positive manner; or (c) the special event is not likely to promote tourism by attracting visitors; or (d) the special event is not likely to benefit Coppell businesses; or (e) the special event is not likely to promote family entertainment; or (f) the special event is not likely to enhance a sense of community; or (g) police, fire and other city services will be unduly burdened or adversely affected by the special event; and 12 (h) the special event is reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. F. The City may revoke a parade or special event permit if: 1. the permit holder made a false statement of material fact on an application for a parade or special event permit. 2. the applicant/promoter has had a parade or special event permit revoked within the preceding twelve months or the applicant/promoter/ has committed two or more violations of a condition or provision of a parade or special event permit or of this article within the preceding twelve months. 3. the applicant/promoter fails to comply with or the parade or special event is in violation of a condition or a provision of the parade or special event permit, an ordinance of the city, or any other applicable law, or 4. the applicant/promoter failed to provide a Certificate of Liability Insurance and endorsement agreement naming the City of Coppell as additional insured in the amount designated ten days prior to the event; 5. the applicant/promoter failed to pay any outstanding fees or estimated costs owed to the City for the parade or special event permit; 6. the parade fails to begin in a timely manner as determined by the Police Chief, Fire Chief, Special Event Coordinator, or their designates. G. Parades shall be limited to no more than two per location or organization per year. H. The Special Event Review Committee may prescribe licenses and permits required by other city ordinances, or applicable law, restrictions, regulations, cost for city services, safeguards, and other conditions necessary for the safe and orderly conduct of a parade or special event, to be incorporated into the permit before issuance. I. The Special Event Review Committee shall provide the Special Event Coordinator the estimated cost for city services provided by 13 their respective department to ensure the safe and orderly operation of the special event. The Special Event Coordinator will prepare and provide the applicant/promoter with an invoice detailing these estimated costs. Payment will be required not less than five days prior to the date of the parade or special event. If the actual costs for city services are less than estimated, the City will issue a refund to the special event applicant/promoter no less than two weeks after the special event. J. School district(s) within the city of Coppell will be exempt from this ordinance; however, non-profit organizations will not be exempt from this ordinance. Sec. 6-5-6 APPEAL OF DENIAL OR REVOCATION OF PERMIT If the Special Event Review Committee denies the issuance or revokes a permit, the Special Event Coordinator shall send to the applicant/promoter or permit holder, by certified mail, return receipt requested, written notice of the denial or revocation, and of the right to an appeal. The decision of the Special Event Review Committee is final unless the applicant/promoter or permit holder appeals the decision within three business days to the City Manager, in writing. The City Manager shall, within three business days after the appeal is filed, consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the City Manager shall be final. Sec. 6-5-7 CONTENTS OF PERMIT Each parade or special event permit application shall state the date(s), starting time, ending time, location, and other special conditions or requirements necessary for the safe and orderly conduct of the parade or special event. Sec. 6-5-8 OPERATING PROCEDURES A. A parade or special event shall not substantially interrupt the safe and orderly movement of traffic near the parade or special event. B. The City has the right (but not the obligation) to postpone, cancel or close early the parade or special event because of hazardous weather or other acts of God or for public safety and welfare. The City shall have no liability for such postponement, cancellation, or closure. Further, the City shall have no liability from the failure to postpone, cancel, or close early the parade or special event under such conditions. 14 C. A parade shall move from its point of origin to its point of termination without unreasonable delays en-route. D. Each marching unit, organization or entry in the parade will only be allowed to conduct one stationary performance at a specified and approved location during the parade route. E. A parade or special event shall not interfere with proper fire and police protection of, or ambulance service to, areas near the parade or special event or unreasonably require the diversion of police and fire protection and ambulance service from other parts of the City. F. A permit holder shall comply with all directions and conditions contained within the permit and with all city ordinances and other applicable laws. G. The City, when reasonably necessary, may prohibit or restrict the parking of vehicles along a street or highway or part thereof on a parade route or part thereof or on the approach to a parade or special event. The City shall post notice to such effect; and it shall thereafter be unlawful for any person to park, leave, or strand any unattended vehicle in violation thereof. H. The City, when reasonably necessary, may temporarily close or restrict the use of City streets or other public property for a parade or special event. The Director of Engineering is authorized to install temporary traffic control devices for the temporary closure or restriction of City streets and public property for parades or special events. It shall be unlawful for any person to disregard or disobey any such temporary traffic control device. I. The driver of any vehicle or animal shall obey the instruction of any traffic control device applicable thereto placed in accordance with the City of Coppell Code of Ordinances or the Texas Transportation Code, unless otherwise directed by a police officer. J. Speeds greater than 15 miles per hour are not reasonable and prudent. A person operating a parade float or other parade vehicle at a speed greater than 15 miles per hour is subject to removal from the parade by a police officer or other parade official. K. Operators of parade floats and other parade vehicles will make every attempt to keep a maximum of 30 feet between their float and the float operated directly in front of them. Operators of parade floats and other parade vehicles that continually lag behind 15 the stead course of the parade may be removed from the parade by a police officer or other parade official. L. Operators of specialized vehicles or performance-enhanced vehicles in the parade shall be mindful of Texas Transportation Code Section 545.420(a)(5); “a person may not participate in any manner in an exhibition of vehicle speed or acceleration.” Any operator of a vehicle participating in an exhibition of acceleration will be cited by law enforcement officers and immediately removed from the parade. M. The throwing, tossing, or distribution of candy, beads, or other material from a parade float or other vehicle is specifically prohibited. Candy, beads, or other material may be distributed to spectators by walkers adjacent to parade floats or other vehicles provided that such distribution does not interfere with the orderly movement of the parade and no spectators are required to move into the parade path to retrieve said material. Any violation of this provision will result in the parade float or vehicle removal from the parade. N. All floats or decorated vehicles shall carry a 2A:10BC fire extinguisher with a current inspection tag. O. Float length shall not exceed 55 feet, including the tow vehicle, nor shall the width or height exceed 14 feet. P. Each equestrian/animal unit shall provide their own clean-up crew and equipment. The clean-up crew shall be positioned directly behind the unit. Equestrian riders shall be a minimum of twelve years of age, able to control the animal in crowded situations, and have adult supervision. Any rider or handler showing an inability to control their animal will be deemed unsafe by a law enforcement officer or parade official, and shall be removed from the parade. Sec. 6-5-9 INDEMNIFICATION An applicant/promoter for a parade or special event permit must execute a written agreement to indemnify the City and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the special event. This indemnification shall include the following statement: “LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulations 16 arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors, or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect, and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the negligence or willful misconduct of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, its officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof.” Sec. 6-5-10 OFFENSES A person commits an offense if he knowingly: 1. commences or conducts a parade or special event without the appropriate permits or fails to comply with any requirement or condition of a permit or this article. 2. participates in a parade or special event for which a permit has not been granted.” SECTION 2. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudge or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision 17 thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violation any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect from and after its passage and the publication of the caption as the law and charter provide. DULY PASSED by the City Council of the City of Coppell, Texas on the _________ day of _______________________, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY 18 APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY DEPT: Parks and Recreation DATE: November 11, 2003 ITEM #: 10/C AGENDA REQUEST FORM ITEM CAPTION: Consider Approval of the 2003-04 Officers for the Coppell Recreation Development Corporation as elected by unanimous decision of the CRDC at the October 6, 2003 meeting. GOAL(S): EXECUTIVE SUMMARY: The bylaws of the Coppell Recreation Development Corporation (CRDC) stipulate that officers be elected by the Board of Directors each October for the positions of President, Vice President and Secretary. These officers are to serve for a term of one year and are subject to approval by the City Council. On October 6, 2003 the CRDC unanimously voted to reinstate Victor Burke as President, Steven Hafer as Vice President and Mark Tepper as Secretary. The Parks and Recreation Department respectfully requests that the above officers be approved by the City Council. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^CRDC Officers DEPT: Planning DATE: November 11, 2003 ITEM #: 10/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the amended By-laws of the Planning Commission. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: October 16, 2003 Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, as attached. Revisions include those suggested by the City Manager’s office regarding Attendance and Abstention and other minor revisions as deemed necessary by staff. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @4P&Z Bylaws 1-AR Item #13 1 of 10 RESOLUTION NO. _______ RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF COPPELL, TEXAS, ADOPTING THE FOLLOWING RULES AND PROCEDURES FOR THE OPERATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF COPPELL, TEXAS, PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Article 9, Section 9.02(A) (5) of the City Charter of the City of Coppell provides that the Planning and Zoning Commission shall establish rules and regulations for the operation of the Planning and Zoning Commission; and WHEREAS, Section 9.02(A) of said Charter states that the Planning and Zoning Commission shall hold at least one (1) regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City; and WHEREAS, Section 9.02(A) of said Charter requires the City Council to establish the date and time of the regular meetings; and WHEREAS, the Planning and Zoning Commission of the City of Coppell recognizes that in order to enhance the concept of effective and democratic government, it is essential that the Commission establish rules for the conduct of Commission meetings, both formal and informal, and to establish rules of courtesy for those attending meetings of the Commission so that the true deliberative process will not be disturbed. NOW THEREFORE BE IT RESOLVED BY THE CITY OF COPPELL PLANNING AND ZONING COMMISSION THAT: Section 1-10-1 AUTHORITY The following set of rules shall be in effect upon their adoption by the Commission and until such time as they are amended or new rules adopted in the manner provided for by these rules. Item #13 2 of 10 Section 1-10-2 GENERAL RULES 1-10-2.1 Meetings to be Public. All official meetings of the Commission shall be open to the public, except those authorized by the laws of the State of Texas to be otherwise. 1-10-2.2 Quorum. A majority [four (4) members of the Commission] shall constitute a quorum [Charter Article 9, Section 9.02(A) (3)]. 1-10-2.3 Minutes of Meetings. Article 8, Section 8.04(D) states that the Commission shall provide written minutes to be taken of all Commission meetings, except executive sessions authorized by law, and such minutes shall be a public record and shall be maintained by the Planning and Zoning Secretary. These minutes shall be open to inspection by the general public. In addition to the official minutes of each Commission meeting, except executive sessions authorized by law, the Planning and Zoning Secretary shall make an audio recording of the proceedings. These audio recordings shall be kept as long as administratively valuable, but not less than a period of thirty-six (36) months from the date of the meeting. 1-10-2.4 Questions Subject to Division. If two or more subjects or points are involved in any vote before the Commission, any member of the Commission may require a division, if the question reasonably allows a division. 1-10-2.5 Right of Floor. Any member of the Commission desiring to speak shall be recognized by the Chairman and shall confine his or her remarks to the subject or question under consideration or to be considered. 1-10-2.6 Attendance of the Planning and Zoning Director. The Planning and Zoning Director, and/or the Director’s designee, shall attend all meetings of the Commission. The Director, and/or designee, shall make recommendations to the Commission and shall have the right to take part in all discussions of the Commission but shall have no vote. 1-10-2.7 Attendance of Commission Members. If a regular Commission member is absent for three (3) consecutive regularly scheduled meetings, or 25 percent of the regularly scheduled meetings within a 12-month period, said Item #13 3 of 10 member shall be removed from the Commission, and the City Council will fill the unexpired term within 30 days. 1-10-2.8 City Attorney. The City Attorney, or Acting City Attorney, shall attend meetings of the Commission when requested by the Chairman or Vice- Chairman and shall give an opinion, either written or oral, on questions of law as requested by the Chairman or a member of the Commission. The City Attorney shall act as the Commission’s final authority concerning procedural and parliamentary questions. 1-10-2.9 Planning and Zoning Secretary. The Planning and Zoning Secretary, or Acting Planning and Zoning Secretary, shall attend all meetings of the Commission and shall keep the official minutes and perform such other duties as may be requested of him or her by the Charter or the City Manager. 1-10-2.10 Department Heads or Employees. At the direction of the City Manager, any department head or employee of the City may, when requested by the Chairman, attend any meeting of the Commission. If requested to do so by the Chairman, they may present information relating to matters before the Commission. 1-10-2.11 Rules of Order. That Roberts Rules of Order, Revised, shall be used as a guide concerning the priority of motions brought before the Commission in all cases, unless they are in conflict with these rules or the City Charter. Notwithstanding any provision to the contrary, no action of the Commission shall be held invalid by reason of any failure to comply with the provisions of this section. 1-10-2.12 Suspension of Rules. Any provision of these rules not covered by the City Charter or laws of the State of Texas may be temporarily suspended by a two- thirds vote of all members of the Commission present. The vote on any such suspension shall be by roll call called by the Chairman or the person serving as Chairman and shall be recorded in the minutes of the meeting. 1-10-2.13 Amendment to Rules. These rules may be amended, or new rules adopted, by a two- thirds vote of all members of the Commission provided that the Item #13 4 of 10 proposed amendments or new rules have been introduced into the record at the previous regular Commission meeting. Section 1-10-3 TYPES OF MEETINGS 1-10-3.1 Regular Meetings. The Commission shall meet in the Council Chamber at the City Hall, or location as designated, on the third Thursday of each month at such time as posted, unless otherwise officially changed by the City Council. 1-10-3.2 Special Meetings. Special meetings of the Commission shall be held on the call of the Chairman, or in his or her absence, the Vice Chairman or a majority of the Commission members. Notice shall be given to each member of the Commission. The call for a special meeting shall be filed with the Planning and Zoning Secretary in written form, who shall then notify each Commission member personally or by leaving a copy of such written notice at their usual place of abode, except that announcement of a special meeting, during any regular meeting at which a quorum of the members are present, shall be sufficient notice to Commission members present of such special meeting. The call for a special meeting shall specify the date, time and location of the special meeting and shall list the subject or subjects to be considered. No special meeting shall be held unless notice and the agenda have been posted in accordance with the Open Meetings Act of the State of Texas. Only such business may be transacted at a special meeting as may be listed in the call of said meeting or as indicated thereto. 1-10-3.3 Work Sessions. The Commission may meet informally in work sessions at the call of the Chairman, or in his or her absence, the Vice Chairman, or upon the call of a majority of the members of the Commission, to interchange information, provided that all discussions and conclusions shall be informal. A work session may include the informal meeting more commonly referred to as a pre-agenda meeting. Notice of any work sessions shall be given in accordance with the Open Meetings Act of the State of Texas and no action shall be taken at a work session unless authorized by a specific agenda item. 1-10-3.4 Recessed Meetings. Item #13 5 of 10 Any meeting of the Commission may be recessed to a later time, provided that any recess shall be to a certain date and time. If the meeting, which is recessed, required published notice in the newspaper and the recessed date and time is announced at the initial meeting, no additional newspaper publication shall be necessary. Section 1-10-4 CHAIRMAN AND DUTIES 1-10-4.1 Chairman. The Chairman, if present, shall preside as Chairman at all meetings of the Commission. In the absence of the Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and the Vice Chairman, the Commission shall elect a Chairman. 1-10-4.2 Call to Order. The meetings of the Commission shall be called to order by the Chairman, or in his or her absence, by the Vice Chairman. In the absence of both the Chairman and the Vice Chairman, the meeting shall be called to order by the senior (in tenure) member of the Commission present at the meeting. 1-10-4.3 Preservation of Order. The Chairman shall preserve order and decorum, prevent personal references to Commission members or the impugning of members’ motives, and confine members in debate to the question under discussion. 1-10-4.4 Points of Order. The Chairman shall determine all points of order, subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be: “Shall the decision of the Chairman be sustained?” 1-10-4.5 Questions to be Stated. The Chairman shall state all questions submitted for a vote and the Planning and Zoning Secretary, or the person acting as the Secretary, will announce the results of the roll call vote in the following form: “Being ___ Yes votes for the question and ___ No votes against the question, the question is passed or defeated;” provided, however, that the announcement of passed or defeated shall not affect the validity of the vote if such announcement is not correct. Section 1-10-5 ORDER OF BUSINESS Item #13 6 of 10 1-10-5.1 Agenda. The Planning Director, or the Director’s designee shall as contained in the agenda prepare the order of business of each meeting. The agenda for any regular or special meeting shall be a listing by topic of subjects to be considered by the Commission. The agenda for regular Commission meetings shall be delivered to members of the Commission no later than each Friday preceding the Thursday meeting to which it pertains. The Planning Director, or designee, will exercise his or her best judgment in determining the most important items received for placement on the agenda and shall add other items of business in staff’s discretion to come before the Commission. 1-10-5.1.1 Commission Members’ Submission of Agenda Items. All Commission members may submit agenda items. All items to be placed on the agenda must be submitted in writing to the office of the Planning Director by 10 a.m. o’clock on the second Monday preceding the meeting at which he or she wishes the subject to be considered. Upon a majority vote of the Commission members, the Planning Director, or Director’s designee, shall be required to place an item on the agenda of a regular meeting. 1-10-5.1.2 Citizens Submission of Agenda Items. Any resident of the City of Coppell shall have the right and opportunity to submit an item to be placed on the agenda of a regular Commission meeting. An item requested by a citizen to be placed on the agenda must be submitted in writing to the office of the Planning Director, or his designee, no later than 10 a.m. o’clock on the second Monday preceding the regular meeting at which the citizen is requesting the subject to be considered. The request must clearly state the nature and subject of the item to be considered. If in the opinion of the Planning Director, or Director’s designee, the agenda of the requested meeting is lengthy, he or she may defer the item to the next regular meeting of the Commission. In the case of a delay, the Planning Director, or Director’s designee, will notify the citizen of the delay no later than the Friday preceding the regular meeting requested by the citizen. In no case may a citizen’s request be delayed for more than one regular meeting. 1-10-5.1.3 City Staff Submission of Agenda Items. Any department head wishing to have an item placed on the agenda of a meeting of the Commission shall submit a written Item #13 7 of 10 request to the Planning Director, or Director’s designee, of that fact no later than 10 a.m. o’clock on the second Monday preceding the meeting at which he or she wishes the subject to be considered. 1-10-5.1.4 Planning Director’s Discretion. Notwithstanding the submission deadlines in subparts 5.1.1, 5.1.2, and 5.1.3 above of Section 1-10-5, the Planning Director, or Director’s designee, may permit additional agenda items and any documents for distribution to the Commission to be submitted later than the deadlines specified. 1-10-5.1.5 Emergency Agenda Items. An item not appearing on the regular agenda shall not be taken up for discussion as a matter of Commission business during a regular or special meeting unless it is of an emergency nature and comes to the Planning Director’s, or Director’s designee’s, attention too late to appear on the agenda and only then after being posted in accordance with the laws of the State of Texas. Prior to consideration, any emergency item may be removed from the agenda by majority vote of the Commission members at the meeting. 1-10-5.2 PRESENTATIONS BY CITIZENS 1-10-5.2.1 Public Hearings. Any person wishing to appear at a public hearing held by the Commission pursuant to any official notice thereof shall be allowed to speak on an individual item. Each speaker shall indicate name and address and shall be limited to a five-minute presentation, and there shall be a cumulative limit of sixty (60) minutes for all those speaking for an item on the agenda, and a like limit for all those speaking against an item on the agenda. No group or organization shall be allowed more than three speakers on any agenda item. These limitations may be extended at the discretion of a majority vote of the Planning Commission members present. Section 1-10-6 CONSIDERATION OF RESOLUTION AND MOTIONS 1-10-6.1 Votes Required to Pass. Item #13 8 of 10 Approval of every action, resolution or motion, except as specifically provided in the City of Coppell Home Rule Charter, shall require the affirmative vote of a majority of the members present. 1-10-6.2 Abstention. Should any member of the Commission choose to abstain from voting on any question before the Commission, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Commission in the official minutes of the Commission. 1-10-6.3 Reconsideration. A motion to reconsider any action of the Commission can be made only upon the affirmative vote of four or more members of the Commission. 1-10-6.4 Withdrawal of Motions. A motion may be withdrawn or modified by the mover at any time prior to passage without asking permission. If the mover modified his or her motion, the seconder may withdraw his or her second. Section 1-10-7 CREATION OF COMMITTEES 1-10-7.1 Commission Committees. The Commission may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided by the Charter, the Chairman shall appoint the members of the Commission committees, subject to the approval of the Commission. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Planning Commission. Section 1-10-8 ENFORCEMENT OF DECORUM 1-10-8.1 Warning. All persons (other than members of the Commission) shall, at the request of the Chairman, be silent. If after receiving a warning from the Chairman, a person or group of persons, persists in disturbing the meeting, the Chairman, or the person acting as Chairman, may order that person or group of persons to remove himself or themselves from the meeting. Item #13 9 of 10 If they do not remove himself or themselves from the meeting, the Chairman, or the person action as Chairman, may order the Sergeant-at-Arms to remove him or them. 1-10-8.2 Removal from a Meeting. The Chief of Police, or such member or members of the Police Department as the Chairman, or the person acting as or for the Chairman, may designate, shall be Sergeant-at-Arms of the Commission meetings. He or they shall carry out all orders and instructions given by the Chairman for the purpose of maintaining order and decorum at the meetings of the Commission. Upon instruction of the Chairman, it shall be the duty of the Sergeant-at- Arms to remove from the meeting any person(s) who intentionally disturb(s) the proceedings of the Commission. 1-10-8.3 Resisting Removal from a Meeting. Any person or persons who resist removal by the Sergeant-at-Arms shall be charged with violating Section 42.05 of Vernon’s Annotated Penal Code. Section 1-10-9 CAMERAS AND RECORDING DEVICES 1-10-9.1 Supplemental Lighting. Supplemental lighting for television and motion picture cameras shall be used only with the exercise of extreme discretion with regard to the intensity and duration of such lighting and with a view to creating the least amount of interference with or disturbance of the proceedings of the Commission and the least amount of discomfort to the members of the public in attendance. 1-10-9.2 Disruptive lighting. The Chairman or the person acting as Chairman shall have the authority to determine whether the intensity and/or duration of supplemental lighting is such that it disturbs the proceedings of the Commission and upon making such a determination require that the use of such lighting be discontinued. Section 1-10-10 ENFORCEMENT 1-10-10.1 Motion to Enforce. Any member of the Commission may move to require the Chairman to enforce these rules and the affirmative DEPT: Human Resources DATE: November 11, 2003 ITEM #: 10-E AGENDA REQUEST FORM ITEM CAPTION: Consider approval for the purchase of eight vehicles (six replacements, and two additional for the Parks, Police and Water Utilities Depar tments) utilizing the Houston Galveston Area Council interlocal agreement in the amount of $157,405.00, as budgeted; and authorizing the City Manager to execute necessary documents. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds for the vehicle purchases have been budgeted in the respective department's Motor Vehicle Account (5010). DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: HGAC Vehicles CITY OF COPPELL PUBLIC WORKS DEPARTMENT, FLEET SERVICES DIVISION MEMORANDUM FROM THE DEPARTMENT OF PUBLIC WORKS To: Ken Griffin P.E., Director of Engineering & Public Works From: Mark W. Brochtrup, Fleet Services Manager Date: October 30, 2003 Re: Purchase of Replacement & Additional Vehicles Ken, Fleet Services has worked in conjunction with the Parks Department, Police Department and Water Utilities Division to create specifications and obtain quotes for replacement and additional vehicles for the upcoming year. Council approval will be requested for the purchase of eight vehicles (six replacements, and two additions), on Tuesday November 11, 2003. The six units to be replaced, which have been approved in FY 03-04 operating budgets, have been reviewed by Fleet Services and have received its support for replacement due to age, condition and excessive operating costs. In the case of one replacement in the Water Utilities Division, Fleet Services will rotate that unit into the Parks Department and remove an additional Parks unit, not requested/approved in this year’s budget, and retire that unit due to its age, condition and excessive operating costs. If you have any questions or concerns regarding this matter, please feel free to contact me. Thank You. DEPT: Planning DATE: November 11, 2003 ITEM #: 10/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-176R3, Bethel Road Estates, Phase II, zoning change from PD-176R2 (Planned Development-176 Revision 2) to PD-176R3 (Planned Development-176 Revision 3), to reduce two lots to one to allow the development of one single-family home on 1.04 acres of property located along the north side of Bethel Road approximately 120 feet east of Hearthstone Lane, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On August 21, 2003, the Planning Commission approved this zoning change (5-1) with Commissioners McCaffrey, Kittrell, McGahey, Halsey and Foreman voting in favor. Commissioner Reese opposed. On September 9, 2003, Council unanimously approved this zoning change (6-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @PD-176R3 ORD 1-AR (Consent) 1 59349 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM “PD-176R2” (PLANNED DEVELOPMENT-176 REVISED 2) TO “PD-176R3” (PLANNED DEVELOPMENT - 176 REVISED 3) TO ALLOW FOR REDUCTION OF TWO LOTS TO ONE AND TO ALLOW THE DEVELOPMENT OF ONE SINGLE-FAMILY HOME ON 1.04 ACRES OF PROPERTY LOCATED ALONG THE NORTH SIDE OF BETHEL ROAD APPROXIMATELY 120 FEET EAST OF HEARTHSTONE LANE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A REVISED SITE PLAN AND REVISED ZONING EXHIBIT, ATTACHED HERETO AS EXHIBITS “B” AND “C”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-176R3 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from “PD-176R2” (Planned 2 59349 Development 176 Revised 2) to PD-176R3 (Planned Development - 176 Revised 3) to allow for reduction of two lots to one and to allow the development of one single-family home on 1.04 acres of property located along the north side of Bethel Road approximately 120 feet east of Hearthstone Lane, and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2.That the property shall be developed and used only in accordance with the following development conditions set forth: A. That the property shall be developed in accordance with the development conditions contained in PD-176R2 as follows: 1. On Lot 1R, no garage door(s) shall face Bethel Road. 2. All garage entries shall be swing-entry and screened from adjacent residential property to the west. 3. All rear fences on the west side shall be decorative metal. 4. All driveways shall be 14’ in width. 5. No structures can be built within the 100-year floodplain, including swimming pools and fences. 6. Botanical names must be shown on the Landscape Plan. 7. All plant materials must meet plant palette under applicable city ordinances. 8. A tree removal permit is required for any tree which will be removed. B. That the property shall be developed in accordance with the following PD Conditions as herein established for PD-176R3: 1. Lot 1R Fencing: read fences shall be 4’ tall decorative metal, west side yard fences shall be 4’ to 8’ tall decorative metal and east side yard fences shall be 4’ to 8’ decorative metal or wood. Front fencing , shall be as shown on PD-176R3 site plan. 2. Chimneys may extend above the maximum roofline height of 35 feet. 3. This lot shall have no alleys. 4. Lot 1R shall provide eight-3” caliper replacement trees. 5. Vehicles shall not be allowed to back onto Bethel Road. 3 59349 SECTION 3.That the Revised Site Plan and Revised Zoning Exhibit, attached hereto as Exhibits “B” and "C", respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 59349 SECTION 9.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/31/03) DEPT: Planning DATE: November 11, 2003 ITEM #: 10/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1189R, Miss Julie’s Southern Sweets, zoning change request from C-S-1189 (Commercial, Special Use Permit-1189) to C-S-1189R (Commercial, Special Use Permit-1189 Revised), to revise the current daily hours of operation of 5 a.m. to 5 p.m. for the Donut Shop to 5 a.m. to 12 noon, and to allow for the retail sale of bakery items for Miss Julie’s Southern Sweets from 12 noon to 8 p.m., within the existing approximate 973 square-foot restaurant located at 205 N. Denton Tap Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On September 18, 2003, the P&Z Commission unanimously approved this zoning change (6-0). On October 14, 2003, City Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1189R ORD 1-AR (Consent) 1 60018 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM “C-S-1189” (COMMERCIAL-SPECIAL USE PERMIT-1189) TO “C-S-1189R” (COMMERCIAL-SPECIAL USE PERMIT– 1189 REVISED) TO REVISE THE SPECIAL USE PERMIT TO CHANGE THE CURRENT HOURS OF OPERATION OF 5 A.M. TO 5 P.M. FOR THE DONUT SHOP TO 5 A.M. TO 12 NOON, AND TO ALLOW FOR THE RETAIL SALE OF BAKERY ITEMS FROM 12 NOON TO 8 P.M. WITHIN THE EXISTING 973 SQUARE-FOOT RESTAURANT, LOCATED AT 205 N. DENTON TAP ROAD, PROVIDING FOR THE APPROVAL OF THE ADDITIONAL INTERNAL SIGN, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1189R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from “C-S-1189” (Commercial - Special Use Permit-1189) to “C-S-1189R” (Commercial - Special Use Permit-1189 Revised) to revise special use to change the current hours of operation of 5 a.m. to 5 p.m. for the donut shop to 5 a.m. to 12 noon, and to allow for the retail sale of bakery items from 12 noon to 8 p.m. within the existing 973 square-foot restaurant, located at 205 N. Denton Tap Road, subject to special conditions. 2 60018 SECTION 2.That the revised Special Use Permit to allow for change the current hours of operation and to allow for the retail sale of bakery items is hereby approved subject to the following special conditions: (A) That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-304, which is incorporated herein as set forth in full and hereby republished. (B) The hours of operation of the donut shop shall be permitted from 5 a.m. to 12 noon, seven days a week. (C) The hours of operation for the retail sales of bakery items shall be permitted from 12 noon to 8 p.m. seven days a week SECTION 3.That the additional internal sign, attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby approved. SECTION 4.That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5.That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 3 60018 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Planning DATE: November 11, 2003 ITEM #: 10/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1209, Kolache Depot Bakery, zoning change request from C (Commercial) to C-S-1209 (Commercial, Special Use Permit-1209), to allow the operation of an approximate 1,200 square-foot bakery and restaurant located at 761 S. MacArthur Blvd., Suite 113, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On September 18, 2003, the P&Z Commission unanimously approved this zoning change (6-0). On October 14, 2003, City Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1209 ORD 1-AR (Consent) 1 60016 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM “C” (COMMERCIAL) TO “C-S-1209” (COMMERCIAL-SPECIAL USE PERMIT - 1209) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED AT 761 S. MACARTHUR BLVD., SUITE 113, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND "D", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1209 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from “C” (Commercial) to “C-S-1209” (Commercial - Special Use Permit-1209) to grant a special use permit for the operation of a restaurant to be located at 761 S. MacArthur Blvd, Suite 113 and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2.That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: 2 60016 (A) Hours of operation shall be permitted between 6:00 a.m. to 10:00 p.m., Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plan, and sign plan, which are attached hereto as conditions to the use granted herein. SECTION 3.That the Site Plan, Floor Plan, and Sign Plan, attached hereto as Exhibits “B”, “C”, and "D", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4.That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5.That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 3 60016 SECTION 9.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/23/03) EXHIBIT ‘A’ LEGAL DESCRIPTION FOR KOLACHE DEPOT BAKERY 761 S. MacArthur Boulevard Suite 113 Coppell Crossing Addition Lot 1, Block 1 Coppell, Texas 75019 DEPT: Planning DATE: November 11, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Northlake 635 Business Park, Lot 2, Block B (PSINet, Addition, Lot 1, Block 1), Site Plan Amendment, to amend the Site Plan to allow for a covered structure to be erected over an existing parking area on the west side of the site located at 1333 Crestside Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: October 16, 2003 Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) Specification of the location of the two (2) relocated Bradford Pear and one (1) Chinese Pistache trees. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @1NL635BP SPA 1-AR Item #10 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Northlake 635 Business Park, Lot 2, Block B (PSINet Addition, Lot 1, Block 1), Site Plan Amendment P & Z HEARING DATE: October 16, 2003 C.C. HEARING DATE: November 11, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 1333 Crestside Drive. SIZE OF AREA: Approximately 6.5 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Site Plan amendment to allow a covered parking structure over 28 existing parking spaces. APPLICANT: Dan Meeks Crestside Facilities Corp. 1333 Crestside Dive Coppell, Texas 75019 (972) 471-8623 FAX: (972) 471-3845 HISTORY: On July 14, 1998, Council approved a Site Plan and Minor Plat on this property to allow for the construction of an 80,000 square-foot office building. At that time, the proposed user for the property was a call center. Although the building was constructed and the site fully developed and landscaped, it was never occupied for that use. On March 14, 2000, Council approved a Replat and an Amended Site Plan for this building to allow for the construction of a 20,120 square- Item #10 Page 2 of 3 foot courtyard area addition to house mechanical equipment to serve a start-up internet access provider, PSINet. Unfortunately, they occupied this building for less than a year. In August of this year, staff administratively approved a Minor Amending Site Plan to allow for the closing of one driveway and the widening of another, with a gated entrance and additional landscaping. Because this request also received support from the Fire Marshal, it was administratively approved. TRANSPORTATION:Lake Shore Drive is a concrete street with a 41-foot pavement width within a 60-foot right-of-way. Crestside Drive is a concrete street with 37- foot pavement width, within a 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North -Office; LI (Light Industrial) South - vacant; A (Agriculture) East - warehousing; LI (Light Industrial) West - warehousing; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Light Industrial/Showroom uses. DISCUSSION: This request is to add covered parking over 28 existing parking spaces along the west side of the building. The covered parking will be made of a “sunbrella” fabric, similar to the material that was approved at the Park ‘N Fly project along I-635. However, to be more compatible with the main building, the fabric will be terracotta in color. A minimum of 80% of the height of the poles will have a brick veneer, matching the brick of the existing building. The portions of the poles and supports that will be exposed will be cream colored, complementing the accent color of the main building. The approved Landscape Plan for this project shows one Chinese Pistache tree in the island, between the two rows of parking, and one Red Oak in each of the parking islands at the end of the parking rows. However, two Bradford Pear trees were planted in the center island, in addition to the Chinese Pistache, along with a Bur Oak in the north island and an Ash tree in the southern island, instead of the Item #10 Page 3 of 3 approved Red Oak trees. The additional trees in the center island are not required per the provisions of the Landscape Ordinance, and the applicant is concerned about the long- term viability of these trees and has requested they be relocated to the south side of the tract, behind the building. Staff is in support of this relocation and is requesting that the applicant specify the new location. This covered parking request is in compliance with the zoning regulations (i.e., adhering to the masonry requirements with the brick veneer) and is attempting to make this addition aesthetically compatible with the color scheme of the existing building (utilizing terracotta and cream). It is also in compliance with the Landscape Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the amendment to the Site Plan to allow for covered parking for Northlake 635 Business Park, Lot 2, Block B (PSINet Addition, Lot 1, Block 1) subject to: 1) Specification of the location of the two (2) relocated Bradford Pear and one (1) Chinese Pistache trees. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Plan View and Front and Side Elevations DEPT: Planning DATE: November 11, 2003 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Freeport North, Lot 3, Block 3 (Dexas), Site Plan, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the northwest corner of Creekview and Royal Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: October 16, 2003 Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Consider modifying the east elevation to include additional windows, as needed. (CONDITION MET – Shown on east elevation. Additional fenestration as required by tenant.) 2) Submit sign rendering with dimensions and materials to be used in accordance with the City of Coppell Zoning Ordinance. (CONDITION MET) 3) Submit for approval by the Engineering Department final design details on the proposed left-turn only median opening. Indicate dimensions, storage lengths, transitions, etc. Additional storage may be required. 4) Ensure that the curb return for the drive on Royal Lane is not in conflict with the existing recessed curb inlet. The curb return cannot begin within the pavement transition of the recessed inlet. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @2FreepN (Dexas) SP 1-AR Item #11 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Freeport North, Lot 3, Block 3 (Dexas), Site Plan P & Z HEARING DATE: October 16, 2003 C.C. HEARING DATE: November 11, 2003 STAFF REP.: Matt Steer, City Planner LOCATION: At the northwest corner of Creekview and Royal Lane. SIZE OF AREA: 12.14 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Site Plan approval to allow the development of an office/warehouse building of 167,000 square feet. APPLICANT: Owner: Architect: Dexas International, Inc. Charles J. Reagan, AIA 2221 Luna Road Alliance Architects Carrrollton, TX 75006 1600 North Collins Blvd., Suite 1000 Office: (972) 484-8413 Richardson, TX 75080 Office: (972) 233-0400 Fax: (972) 233-2259 Landscape Architect: Brian D. Adams, ASLA Landscape Architects, Inc. 1708 N Griffin Street Dallas, Texas 75202 HISTORY: The Freeport North Addition was platted in 1984. It consists of approximately 237 acres. There have been several replats on this property as there is unprecedented industrial growth in the area. On November 10, 1998, Council approved a Site Plan and Replat of the Item #11 2 of 4 Freeport North Addition, Lot 1, Block 3. This Replat was never filed for record and expired. The Site Plan expired after two years. Within the previous submittal, a variance was granted for a median opening on Royal Lane. It was 45’ short of the required 420’ separation requirement. This was approved as a north bound left-turn only and was contingent on final design approval by the Engineering Department. TRANSPORTATION:Royal Lane is designated as a C4D/6 four-lane divided collector built to standard in a 100’ right-of-way capable of accommodating a six- lane divided thoroughfare. Creekview Drive is a C2U two-lane undivided collector built to standard within a 60’ wide right-of-way. SURROUNDING LAND USE & ZONING: North – PSS, Inc. Office/Warehouse, Light Industrial South – Trillium Services Display Products, Light Industrial East – Derse Exhibits, Light Industrial West – Fellowship of Las Colinas Church vacant land, Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for light industrial/showroom uses. DISCUSSION: The submitted Site Plan shows the layout of a 167,000 square-foot office/warehouse on 12.14 acres of property. Less than 25% of the building is proposed for office use; therefore, the parking calculations were based using this maximum percentage. There were 43 spaces required at the office parking ratio of 1 to 300 square feet of building area and 152 spaces required at the warehouse parking ratio of 1 to 1000 square feet of building area. The applicant has provided 196 spaces to exceed the minimum parking requirement of 195. On the north portion of the Site Plan, a loading area is shown with entry off Royal Lane. This is just south of the bridge and will accommodate both northbound and southbound traffic. There are two ingress/egress points shown along Creekview Drive. The applicant has agreed to comply with the City’s minimum 125’ offset requirement from other ingress/egress points. There is a fire lane that encircles the building and meets the City of Coppell’s Item #11 3 of 4 minimum width (24’) and minimum distance from the building (150’) requirements. The building has two entries, one from the east and one from the west. Dexas, Inc. will occupy the west end and will lease the 40,000 square-foot area facing east. Initially, Dexas had their building fronting only to the west. The idea was to create a more worker-friendly environment (not facing any roads or parking), facing green space. Staff understands the rational of fronting to the green space and suggested having a façade along Royal Lane to maintain the trend of fronting along major roadways, but still achieve the worker-friendly environment. Dexas has since added an entry along one-third of the east elevation along Royal to try to accommodate staff concerns. Staff believes this is still inadequate and recommends mirroring the west elevation. The north and south elevations appear to be very expansive. The architect has addressed the northern elevation with the screening for the loading area. On the southern elevation, the monotony is broken up by the 20° (+/-) offset from Creekview after approximately 270’ of parallel alignment. The change in color (off white, light grey, darker grey, black, a metallic accent and green glass), the breaks in the design and the special entry features on both ends also enhance such a massive design. The applicant is providing an 8’ solid screen wall with eight Cedar Elms and three Bald Cypress in front to block the loading area from the Royal Lane northbound traffic. The area will be screened from the southbound traffic with a canopy of Cedar Elms (13’ height) and a dense understory of Eastern Red Cedars (7’ height). There is an attractive landscape treatment of a 36-40” high berm along Royal with 17 Austrian Pines, seven Cedar Elms, six Bald Cypress and eight Live Oaks. The corner of Royal and Creekview is bermed with eight Live Oaks and five Austrian Pines. A monument sign is shown at this location, and the applicant will provide the sign details in accordance with the Zoning Ordinance prior to City Council approval. Traveling westbound along Creekview between the two entry points, the landscaping begins as a berm. As the elevation increases dramatically, the berm becomes a small hill sloping from the road down to the parking area. There are 23 Red Oaks and six Austrian Pines (three at each entry) with 261 Sea Green Juniper lining the parking spaces. There are 18 Cedar Elms shown along the western boundary. Staff believes the Landscaping Plan exceeds the minimum requirements of the Zoning Ordinance. Item #11 4 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: The Planning staff recommends APPROVAL of the Site Plan, subject to the following conditions being met: 1) Consider mirroring the west elevation on the eastside fronting Royal Lane. 2) Submit sign rendering with dimensions and materials to be used in accordance with the City of Coppell Zoning Ordinance. 3) Submit for approval by the Engineering Department final design details on the proposed left-turn only median opening. Indicate dimensions, storage lengths, transitions, etc. Additional storage may be required. 4) Ensure that the curb return for the drive on Royal Lane is not in conflict with the existing recessed curb inlet. The curb return cannot begin within the pavement transition of the recessed inlet. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Building Elevations 3) Tree Survey (2 pages) 4) Landscape Plan DEPT: Planning DATE: November 11, 2003 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Freeport North, Lot 3, Block 3 Addition (Dexas), Replat, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the northwest corner of Creekview and Royal Lane. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: October 16, 2003 Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Ensure all public utilities are covered with an easement as depicted on the approved Site Plan. Please coordinate with the architect and utility providers. (CONDITION MET) 2) Additional easements may be required after further engineering review. 3) List all miscellaneous notes in a common location (i.e., sidewalk, flood plain, bearing system, etc…). (CONDITION MET) 4) Correct Comcast contact information to state Juan Zapata (214) 320-7404. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @3FreepN (Dexas) RPL 1-AR Item #12 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Freeport North, Lot 3, Block 3 Addition (Dexas), Replat P & Z HEARING DATE: October 16, 2003 C.C. HEARING DATE: November 11, 2003 STAFF REP.: Matt Steer, City Planner LOCATION: At the northwest corner of Creekview and Royal Lane. SIZE OF AREA: 12.14 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Replat approval to allow the development of a 167,000 square foot office/warehouse building. APPLICANT: Owner: Surveyor: Dexas International, Inc. James A. Koch, Jr. & Jack Evans 2221 Luna Road Pacheco Koch Consulting Engineers Carrrollton, TX 75006 8350 N Central Expressway Office: (972) 484-8413 Dallas, Texas 75206 Office: (972) 235-3031 Fax: (972) 235-9544 Landscape Architect: Brian D. Adams, ASLA Landscape Architects, Inc. 1708 N Griffin Street Dallas, Texas 75202 Item #12 Page 2 of 3 HISTORY: The Freeport North Addition was platted in 1984. It consists of approximately 237 acres. There have been several replats on this property as there is unprecedented industrial growth in the area. On November 10, 1998, Council approved a Site Plan and Replat of the Freeport North Addition, Lot 1, Block 3. This Replat was never filed for record and expired. The Site Plan expired after two years. Within the previous submittal, a variance was granted for a median opening on Royal Lane. It was 45’ short of the required 420’ separation requirement. This was approved as a north bound left-turn only and was contingent on final design approval by the Engineering Department. TRANSPORTATION:Royal Lane is designated as a C4D/6 four-lane divided collector built to standard in a 100’ right-of-way capable of accommodating a six-lane divided thoroughfare. Creekview is a C2U two-lane undivided collector built to standard within a 60’ wide right-of-way. SURROUNDING LAND USE & ZONING: North – PSS, Inc. Office/Warehouse, Light Industrial South – Trillium Services Display Products, Light Industrial East – Derse Exhibits, Light Industrial West – Fellowship of Las Colinas Church vacant land, Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for light industrial/showroom uses. DISCUSSION: This is a 12.14 acre replat of a portion of the Freeport North property. The submitted Site Plan shows the layout of a 167,000 square-foot office/warehouse for the proposed use. The plat is a legal definition of the property showing existing and proposed dimensions of property lines, surrounding property owners, property acreages and locations of easements. The plat shows the flood plain of Cottonwood Branch with an existing 150’ drainage easement covering the majority of the flood plain. The fire lane easement will be accepted as shown on the plat. This easement encircles the building off three ingress/egress points. There is a 15’ electric easement proposed along the western property line. A 100’ extension off this easement will lead to a transformer pad to service the building. The length of this easement might need to be extended to reach the transformer pad shown on the Site Plan. The surveyor will need to coordinate with the electric provider to ensure all public lines are covered Item #12 Page 3 of 3 with an easement. There are 20’x20’ water easements on both the northeast and southwest corners of the property to allow for water meters to be read and to provide for the transition between public and private utilities. The plat is in accordance with the City of Coppell Subdivision Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: The Planning staff recommends APPROVAL of the Replat, subject to the following conditions being met: 1) Ensure all public utilities are covered with an easement as depicted on the approved Site Plan. Please coordinate with the architect and utility providers. 2) Additional easements may be required after further engineering review. 3) Please list all miscellaneous notes in a common location (i.e. sidewalk, flood plain, bearing system, etc…). 4) Correct Comcast contact information to state Juan Zapata at (214) 320-7404. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat DEPT: Finance DATE: November 11, 2003 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance to amend Ordinance No. 94680, in part, by adding a seasonal increasing block rate to promote water conservation, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Staff recommends approval of the implementation of a seasonal increasing block rate structure during the summer months each year to encourage water conservation. Water rate consultants and various studies indicate the increasing block rate structure has been successful in reducing outdoor summertime usage. Also, it is recommended the conservation tier should be set low enough to impact between 25% to 50% of the customer base, and the conservation rate should be up to 50% higher than the standard rate. Staff is recommending a conservation rate $3.25 per 1,000 gallons for water usage in excess of 25,000 gallons for the monthly billings that occur in June, July, August, September and October each year. Based on historical consumption data, overall approximately thirty-five (35%) of our customer base would be impacted by the proposed conservation tier during the peak usage period. The proposed conservation rate of $3.25 per 1,000 gallons represents a twenty-five (25%) increase over our standard rate of $2.60 per 1,000 gallons. This proposed rate structure will provide higher rates for those who use more water during the summer months, however, we believe the increased price signal will encourage water conservation resulting in overall system revenues being neutral. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $WaterCons-1AgendaReq Proposed Conservation Water Rate Seasonal Rate: June 1 - September 30 Option Conservation Min. Charge 12.00 Volume Included 1,000 1st Block 1,001 - 25,000 $2.60 2nd Block 25,001 + $3.25 Consumption Current Rates Option 1 Rates Difference 10,000 35.40 35.40 - 15,000 48.40 48.40 - 20,000 61.40 61.40 - 25,000 74.40 74.40 - 35,000 100.40 106.90 6.50 45,000 126.40 139.40 13.00 50,000 139.40 155.65 16.25 60,000 165.40 188.15 22.75 75,000 204.40 236.90 32.50 100,000 269.40 318.15 48.75 Temp/Precipitation Summer '01 2,716,756.00 2,838,917.00 122,161.00 Average Summer '00 2,764,600.00 2,908,397.04 143,797.04 Dry Summer '97 1,590,659.00 1,643,654.00 52,995.00 Wet AVERAGE SEASONAL CONSUMPTION BLOCKS Summer Peak Usage # of Cust. # of Cust. # of Cust. # of Cust. Customer Av. Consumption Range June % July %August % September % Totals % 0 - 10,000 2,750 26% 2,200 21% 1,500 14% 2,400 23%8,850 21% 10,001 - 20,000 3,450 33% 3,280 31% 2,650 25% 3,565 34%12,945 31% 20,001 - 25,000 1,400 13% 1,470 14% 1,650 16% 1,385 13%5,905 14% 25,001 - 35,000 1,700 16% 1,975 19% 2,425 23% 1,800 17%7,900 19% 35,001 - 45,000 700 7% 900 9% 1,200 11% 775 7%3,575 9% 45,000 + 475 5% 675 6% 1,100 10% 600 6%2,850 7% 10,475 100% 10,500 100% 10,525 100% 10,525 100%42,025 100% WATER RATE STRUCTURE COMPARISONAs of October, 2003 Water Rate FarmersBreakdown Carrollton Cedar Hill The Colony Coppell Dallas Denton DeSoto Duncanville BranchMinimum Charge 9.53 7.00 10.58 12.00 3.34 9.55 7.93 7.00 8.80 Volume Included 2,000 1,000 2,000 1,000 - - 1,000 1,000 2,000 1st Block 2,001 - 10,000 1,001 - 50,000 2,001 - 15,000 1,001 + 0 - 4,000 0 - 15,000 1,001 + 1,001 - 10,000 2,001 - 10,000Rate per 1000 gal. 2.49 4.20 2.40 2.60 1.13 2.60 2.76 2.75 2.59 2nd Block 10,000 + 50,001 + 15,000 - 25,000 NA 4,001 - 10,000 15,001 - 30,000 NA 10,001 - 20,000 10,001 - 20,000Rate per 1000 gal. 3.11 4.15 2.98 1.87 3.50 3.20 2.69 3rd Block NA NA 25,001 - 40,000 NA 10,001 - 15,000 30,001 + NA 20,001 + 20,001 +Rate per 1000 gal. 3.18 2.50 4.35 3.95 2.79 4th Block 40,001 +15,001 +Rate per 1000 gal. 3.47 3.24 Seasonal RateYY WATER RATE STAs of October, 2003Water RateBreakdownMinimum ChargeVolume Included1st BlockRate per 1000 gal.2nd BlockRate per 1000 gal.3rd BlockRate per 1000 gal.4th BlockRate per 1000 gal.Seasonal Rate Flower Grand Highland University Mound Prairie Park Irving Lewisville Park Southlake Plano14.62 2.33 8.00 5.83 12.20 7.85 26.16 11.55 2,000 3,000 - 3,000 2,000 2,000 2,000 1,000 2,001 - 15,000 3,001 - 20,000 0 - 12,000 3,001 - 20,000 2,001 + 2,001 - 11,500 2,001 + 1,001 - 5,0002.10 2.45 2.25 2.96 2.64 2.47 3.00 0.18 15,001 + 20,001 + 12,001 + 20,001 + NA 11,501 + NA 5,001 - 20,0002.88 2.64 2.93 3.11 3.15 1.31 NA NA NA NA NA NA NA 20,001 + 2.63 YYYYY AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 94680, IN PART, BY ADDING A SEASONAL INCREASING BLOCK RATE TO PROMOTE WATER CONSERVATION; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 94680, adopted by the City Council on or about December 13, 1994, provides for rates or charges for water service furnished by the City waterworks system for single-family dwellings; and WHEREAS, the City Council desires to establish a seasonal conservation rate for single- family dwellings; and WHEREAS, the City Council has determined that Ordinance No. 94680 should be amended, in part, to incorporate a seasonal conservation rate for single-family dwellings; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That Ordinance No. 94680 be, and the same is, hereby amended by amending Section 1, in part, by adding a seasonal conservation rate for single-family dwellings, which shall read as follows: " Sec. 3-1-5. Water Rates (Monthly) Residential: The monthly rates or charges for water service furnished by the City of Coppell waterworks system for single-family dwellings shall be as follows: First 1,000 gallons (minimum) $12.00 All over 1,000 gallons $2.60 per 1000 gallons Seasonal Conservation Water Rate: (June – October Billings) All over 25,000 gallons $3.25 per 1,000 gallons During the summer months, water customers shall be subject to an inverted seasonal water rate to encourage water conservation. The water conservation rate is $3.25 per 1,000 gallons for all consumption in excess of 25,000 gallons for the regular monthly billings for the months of June, July, August, September and October. . . . . ." SECTION 2.That all provisions of the Ordinance No. 94680 and of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of Ordinance No. 94680 and of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3.That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4.That this ordinance shall take effect immediately from and after its passage and publication as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003.APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _______________________________________ APPROVED AS TO FORM:LIBBY BALL, CITY SECRETARY ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/31/03) DEPT: Police DATE: November 11, 2003 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the purchase of upgraded equipment for the Communication Systems Center in the Coppell Police Department at an approximate cost of $146,000 to be funded out of the E-911 Fund; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: The public safety communication system is a multi-layered system consisting of telephones, radios, laptop computers, and wireless communication systems. The efficiency of the public safety sector relies on the efficiency of each component of this system. At this point in time there are numerous areas in the communications package that need to be upgraded in order to obtain better performance from the system. The attached memo describes these upgrades in detail. FINANCIAL COMMENTS: Funds for this system upgrade will be provided by the Designated Fund Balance - E911. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: )E911 Upgrades.doc MEMO Date:October 31, 2003 To:Roy L. Osborne, Police Chief From:Wade G. Goolsby, Police Captain Subject:Communication System Upgrades The public safety communication system is a multi-layered system consisting of telephones, radios, laptop computers, and wireless communication systems. The efficiency of the public safety sector relies on the efficiency of each component of this system. At this point in time, there are numerous areas in the communications package that need to be upgraded in order to obtain better performance from the system. Each component is listed below with a brief explanation. 9-1-1 Invision Upgrade $ 14,594.00 We are currently using the TCI 911 phone system as an integral part of the computer aided dispatch program. This upgrade would allow more efficient handling of calls in the communication center. The current system requires a multi-step process to transfer calls and the upgrade would improve the handling of calls and improve efficiency in the Communications Center. The new system also provides better reports and the ability to easily update internal files used routinely by the dispatchers, (phone numbers, speed dial, employee lists, etc) The upgrade also includes the Standard version of the InfoVision MIS software as shown in the attached information. Bi-directional Amplifier – MacArthur area $ 5,633.66 The area of the city on the east side of MacArthur is a “dead spot” for radio transmissions, making it an officer safety issue. This area is a lower elevation and radio signals cannot be directed down into this area. This area is also an area of high police activity making it critical that we improve radio performance in this area. A bi-directional amplifier mounted down in this area should significantly improve radio performance. Mobile Data Upgrade $ 20,615.00 Annual usage fee ($60/mo. x 21 units) 15,120.00 PST Interface software 10,000.00 Installation (not to exceed $350/unit x 21) 7,350.00 _______________ $ 53,085.00 The mobile laptop computers currently rely on a radio modem that is approximately five years old and performing at 4800 BAUD (4.8Kbps). By today’s standards, this transmission speed is antiquated and extremely slow. In order to implement field reporting and improve transmission capability, these modems need to be upgraded with newer technology. There will be a continuing annual fee of $15,120 for usage. Motorola mobile radios 4 @ $2549.00ea. $ 10,196.00 The department has currently issued all of its handheld radios and no longer has any spare units. We need to purchase four more units to have a radio for the incoming officer position and some spare units. Upgraded phone line $ 6,250.00 This upgrade is related to the phone line that currently connects the radio antennae at the water tower to the controllers at City Hall and represents a link in the communication line between the laptops and the CAD computers. The current phone line will not handle transmission speed to support the new upgraded wireless system and needs to be upgraded. Based on pricing from Rick Moore, the initial installation is $250.00 and a monthly charge of $500.00/month for a dedicated T-1 phone line. Additional server in Communications Center $ 7,008.37 We currently use two servers in the Communications Center for the CAD system, RMS system, Firehouse system all on two servers. We need to purchase a third server and transfer the Firehouse database onto a separate server. This additional server would not only enhance the performance of the existing servers (by freeing up hard drive space) but would limit the ripple effect of one system going down and affecting other systems. Implementation of Phase I 911 technology $ 5,000.00 The Coppell Communications Center is not currently utilizing any form of technology to locate 911 callers from cellular telephones. The wireless industry is in the process of implementing “Phase II” technology to triangulate or pinpoint the position of a 911 caller on a cellular phone. We need to become Phase I compliant before we can proceed to Phase II technology. Based on preliminary information, our current CAD system will support Phase I and Phase II technology but there are invariably unforeseen expenses in the implementation of a new program. I am requesting a contingency amount of $5000 to implement the Phase I technology. Replace Radio Repeaters $ 26,527.00 The City of Lewisville had a review of our radio system performed and it is recommended that we replace two Quantar repeaters that are outdated. Support of these units are contingent upon availability of parts due to their age. These units would be replaced with newer units so that availability of parts is not an issue. Additional Geo-Viewer (Unit locations) $ 17,250.00 The capability exists for station commanders (police or fire) to be able to see the locations of all units on the streets through the GPS system. Currently, the dispatchers are the only ones with this capability by using the CAD software. With the Geo-Viewer module, we would be able to give supervisors and commanders the ability to observe the location and movement of vehicles on the street. By purchasing the “Geo-Viewer” module, supervisors would be able to observe unit locations like the dispatch computers. ___________________________________ Total $ 145,544.03 DEPT: City Manager DATE: November 11, 2003 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: Consider approval to reconsider Ordinance No. 2003-1063 amending the Code of Ordinances by amending Chapter 9, Article 902, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-link fence, in residentially-zoned districts; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Fence AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2003-1063 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE 9-2 FENCE REGULATIONS AMENDING THERETO SECTION 9-2.7 MATERIALS TO ALLOW FOR VINYL FENCING AND TO PROHIBIT CHAIN-LINK FENCING IN RESIDENTIALLY ZONED DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be amended by amending Chapter 9, Article 9-2, Section 9-2.7 Materials, to read as follows: “Article 9-2. FENCE REGULATIONS . . . . . Sec. 9-2.7 Materials. . . . . . B. Permitted materials. Materials permitted for fences shall be of wood, vinyl, masonry wrought-iron or painted steel. Colors for vinyl fences shall be limited to earth-tones only. Painted metal fences shall be limited to black, off-white, or earth-tone colors only. C. Prohibited materials. Materials prohibited in fences are barbed wire, razor ribbon, sheet metal, chain-link, or any other similar material. Exception: Barbed wire and/or chain–link is permitted for fencing agriculture- or industrial-zoned property.” SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining 1 60009 portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 2 60009 3 60009 DULY PASSED by the City Council of Coppell, Texas, this 28th day of October, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY (REH/cdb [revised] 10/23/03) DEPT: City Manager DATE: November 11, 2003 ITEM #: 17 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution casting a vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !DCAD A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The city of Dallas shall appoint one (1) member to the Board. 2. The Dallas Independent School District shall appoint one (1) member to the Board. 3. The Dallas County Commissions Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the city of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the city of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5, respectively, and not by a majority of the quorum; and WHEREAS, the city of Coppell does hereby cast its vote by marking the ballot below: (Check one only) [] SHARON BARBOSA-CRAIN [] BILL BINFORD [] BRUCE MAHNKEN NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS does hereby confirm its one (1) vote for the election of ________________________________ as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of November, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY DATE: November 11, 2003 ITEM #: 18 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: November 11, 2003 ITEM #: 19 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Retail Center Overview. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: November 11, 2003 ITEM #: 20 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: November 11, 2003 ITEM #: 21 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec