CP 2005-08-09
NOTICE OF CITY COUNCIL MEETING AND AGENDA
AUGUST 9, 2005
DOUG STOVER, TIM BRANCHEAU, Place 1
Mayor Mayor Pro Tem
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, 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 5:30 p.m. Council Chambers (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)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed 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, August 9, 2005, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., with Executive Session immediately following, 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 reserves 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
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107.
B. Section 551.072, Texas Government Code – Deliberation regarding
Real Property.
1. Sale of land south of Bethel Road and east of Freeport
Parkway.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding proposed Conceptual Master Plan for the
Town Center Plaza.
B. Discussion regarding Electrovote for Council Chambers.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
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ITEM # ITEM DESCRIPTION
A. Consider approval of minutes: July 7, 2005
July 26, 2005
July 28, 2005
B. Consider accepting the resignation of Matt Hall from the Economic
Development Foundation, term to expire August 2006.
C. Consider approval of an Ordinance amending the Coppell Code
of Ordinances by amending Section 5-2-4 of Chapter 5, Municipal
Court Technology Fund, to repeal Section (F) which provided for the
fund to expire on September 1, 2005, and authorizing the Mayor to
sign.
D. Consider approval of the certification of the 2005 anticipated
collection rate for the period of July 1, 2005, through June 30, 2006,
and the amount of excess debt collections during the period of
July 1, 2004, and June 30, 2005.
E. Consider approval of an Ordinance for Case No. PD-203R-R,
Nationwide Insurance, zoning change from PD-203-R (Planned
Development-203-Retail) to PD-203R-R (Planned Development-203
Revised-Retail) to amend the Planned Development to allow the
construction of a 3,028-square-foot office building on 0.42 of an
acre of property located at the southwest corner of Sandy Lake
and Moore Roads, and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. PD-205R-HC, Vista
Ridge Addition, Lots 1BR-8X, Block D (The Plaza), zoning change
from PD-205-HC (Planned Development-205-Highway Commercial)
to PD-205R-HC (Planned Development-205 Revised-Highway
Commercial), to amend the Planned Development to revise the
Detail Site Plan to allow: a decrease in the number of buildings from
6 to 5 and number of parking spaces; an increase in the size of the
total square footage from approximately 62,600-square feet to
approximately 74,300-square feet, a modification of usage and
revisions to the elevations for the proposed one- and two-story
general and medical office buildings on 7.77 acres of property
located along the north side of S.H. 121, approximately 670 feet
east of Denton Tap Road, and authorizing the Mayor to sign.
G. Consider approval of an Ordinance for Case No. S-1036-LI(CH),
Gifford Hill Plant #4 (Southern Star Concrete), zoning change from
the base zoning of HI (Heavy Industrial) to LI (Light Industrial) for S-
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ITEM # ITEM DESCRIPTION
1036 (Special Use Permit-1036) and allowing for the retention of the
existing concrete batch plant on 5.5 acres of property located at
601 S.H. 121, west of Ace Lane, and authorizing the Mayor to sign.
H. Consider approval of an Ordinance for Case No. S-1225-LI, Osburn
Contractors, zoning change from LI (Light Industrial) to S-1225-LI
(Special Use Permit-1225-Light Industrial), to allow the operation of a
temporary concrete batch plant for a time period not to exceed
nine (9) months on 16 acres of property located at the northwest
corner of Beltline Road and Airline Drive (Park West Commerce
Center, Lot 2R-3, Block 2), and authorizing the Mayor to sign.
END OF CONSENT
9. Consider approval of a proposal to maintain a tax rate of .6486 for the
2005 tax year and to set the Public Hearings on the proposed tax rate for
the next regularly scheduled Council Meeting on August 23, 2005 at 7:00
p.m., and at a special called Council Meeting on August 30, 2005 at 6:00
p.m.
10. PUBLIC HEARING:
Consider approval of Case No. PD-211-S-1226-R, Hard Eight Pit Bar-B-Q
Restaurant with Private Club, zoning change from R (Retail) to PD-211-S-
1226-R (Planned Development-211-Special Use Permit-1226-Retail), to
attach a Detail Site Plan to allow the development of an approximate
14,205-square-foot restaurant and private club, with outdoor seating and
cooking areas, on 1.9 acres of property located along the south side of
Bethel Road, east of Freeport Parkway.
11. PUBLIC HEARING:
Consider approval of the Crescent Addition, Lot 1, Block A, Minor Plat and
Replat, being a partial Minor Plat of 0.99 of an acre tract and a Replat of
Lot 5 of the Coppell Commerce Center, Phase 1, to allow the
development of an approximate 14,205-square-foot restaurant and
private club, with outdoor seating and cooking areas, on 1.9 acres of
property located along the south side of Bethel Road, east of Freeport
Parkway.
12. Consider approval of a one-year extension to the expiration date of the
MacArthur Vista Center, Lot 1, Block A, Site Plan, to allow the
development of an approximate 10,048-square-foot office/retail/medical
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ITEM # ITEM DESCRIPTION
building on 1.409 acres of property located along the east side of
MacArthur Blvd., south of Denton Creek.
13. Consider approval to authorize Harrison Walker & Harper to proceed with
renovations for Fire Station #03 in the amount not to exceed $196,144.00,
as designated.
14. Consider approval of an Ordinance of the City of Coppell, Texas,
adopting the National Incident Management System (NIMS) as the
standard for incident management by the City of Coppell, and
authorizing the Mayor to sign.
15. Consider approval of a license agreement between the City of Coppell
and Texas New Mexico Power Company, a Texas Corporation, its
successors and assigns for the use of right-of-way to erect, maintain and
operate facilities; and authorizing the City Manager to sign.
16. Necessary action resulting from Work Session.
17. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify 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
_________________, 2005, at __________________.
____________________________________
Libby Ball, City Secretary
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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.
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KEY TO COUNCIL GOALS ICONS
2005
Economic Development
• Continue "Hot Spot" focus
• Develop strategy for use or sale of city-owned property
• Study revenue enhancement options
• Develop comprehensive Old Town strategy
• Entice Dallas County Community College District to locate satellite
facility in Coppell
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Study continued use of ½-cent sales tax for park purposes
• Develop permanent funding for IMF
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation activities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Explore municipal/ISD service synergies
• Develop methods to enhance communication and citizen involvement
Sense of Community
• Develop comprehensive Old Town strategy
• Finalize cemetery issue
• Develop and support community special events and programs
• Develop and support activities for teens
• Continue development of trails throughout the community
Fiscal Stability
• Continue and improve financial planning and forecasting
• Continue systematic management and reduction of debt
• Balance expenditure decisions with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to
implementation
• Work to protect sales tax base from Streamlined Sales Tax initiative
Neighborhood Integrity & Code Enforcement
• Maintain communications with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Introduce a more proactive neighborhood integrity approach
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public safety education programs
• Enhance traffic/speed control efforts
DATE: August 9, 2005
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. The City of Coppell and Coppell Independent School District opposition to a change of
zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number
Z045-107.
B. Section 551.072, Texas Government Code – Deliberation regarding Real Property.
1. Sale of land south of Bethel Road and east of Freepost Parkway.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: August 9, 2005
ITEM #:WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding proposed Conceptual Master Plan for the Town Center Plaza..
B. Discussion regarding Electronic Voter and Speaker Que for Council Chambers.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
DATE: August 9, 2005
ITEM #: 7
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: %citapp.doc
DEPT: City Secretary
DATE: August 9, 2005
ITEM #: 8/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: July 7, 2005
July 26, 2005
July 28, 2005
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
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MINUTES OF JULY 7, 2005
The City Council of the City of Coppell met in Special Called Session on
Thursday, July 7, 2005, 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
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt and City Attorney Karen Nelson.
WORK SESSION (Open to the Public)
1. Convene Work Session
A. Budget/Financial Overview.
B. General Fund Analysis.
1. Revenue Summary.
2. Expenditure Summary.
3. Capital Outlay Detail.
4. Personnel Additions.
C. General discussion of Budget Related Items.
REGULAR SESSION (Open to the Public)
2. Announce Executive Session.
EXECUTIVE SESSION (Closed to the Public)
3. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Discussion concerning the City of Coppell and
Coppell Independent School District opposition to a
change of zoning request of the Billingsley
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Corporation in the City of Dallas, Zoning Case
Number Z045-107.
Mayor Stover convened into Executive Session at 8:08 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 9:29 p.m. and opened the Regular Session.
4. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
__________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________________
Libby Ball, City Secretary
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MINUTES OF JULY 26, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 26, 2005, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Councilmember Faught was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager.
ITEM # ITEM DESCRIPTION
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney to seek legal advice regarding:
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107.
2. Agreement for Development of Airport property in
the City of Coppell.
3. City of Coppell v. Barney Barnett, et al.
B. Section 551.087, Texas Government Code - Deliberation
regarding Economic Development Negotiations.
1. Economic Development Prospects in Old Coppell.
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Mayor Stover convened into Executive Session at 5:43 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 6:18 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding proposed Conceptual Master Plan for
the Town Center Plaza.
B. Discussion regarding Electrovote for Council Chambers.
C. Presentation of Coppell Economic Development Strategic
Plan.
D. Discussion of Agenda Items.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no
Council action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember Bill York led those present in the Invocation.
Mayor Stover recognized the visitors in attendance at the meeting including the
North Lake College government students, the Coppell Drillers and Cub Scout
Troop 841.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation proclaiming “National
Night Out” on Tuesday, August 2, 2005, and providing City
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Council Support and Endorsement of National Night Out
festivities, and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to R. J. Harr, McGruff and The Knight.
Action:
Councilmember Tunnell moved to approve a proclamation proclaiming
“National Night Out” on Tuesday, August 2, 2005, and providing City
Council Support and Endorsement of National Night Out festivities, and
authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded
the motion, the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Suhy and York voting
in favor of the motion.
8. Consider approval of a proclamation naming July 26, 2005 as
Coppell Drillers Appreciation Day, and authorizing the Mayor
to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to the Team coaches.
Action:
Councilmember Suhy moved to approve a proclamation naming July 26,
2005 as Coppell Drillers Appreciation Day, and authorizing the Mayor to
sign. Councilmember York seconded the motion, the motion carried 6-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Suhy and York voting in favor of the motion.
9. Presentation of Keep Texas Beautiful Awards to Keep Coppell
Beautiful and Town Center Elementary Green Team.
Presentation:
Amanda Vanhoozier, Community Programs Coordinator, made a
presentation to Council.
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Lynn Lantrip, President of Keep Texas Beautiful, presented the award to
the City.
Ruthie Jackson, Mayor Pro Tem, City of Grand Prairie and
Parliamentarian for Keep Texas Beautiful, presented the award to the
Coppell Independent School District.
10. Report by Parks and Recreation Board.
Presentation:
Victor Burke, Chair, made a presentation to Council.
11. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
12. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 12, 2005.
B. Consider accepting resignation of Sarah Drake from the
Library Board effective September 30, 2005, term to
expire October, 2006.
C. Consider approval of a resolution authorizing the Mayor
and City Manager to execute the appropriate funding to
the Development Block Grant Funds Agreement with
Dallas County, Texas, for fiscal years 2006, 2007 and
2008; and authorizing the Mayor to sign.
D. Consider approval of a grant between the Coppell
Education Development Corporation, the Carrollton-
Farmers Branch Independent School District and the city
of Coppell for Improving Literacy K-5 in the amount of
$111,200.00 and authorizing the City Manager to sign.
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E. Consider approval of a grant between the Coppell
Education Development Corporation, the Carrollton-
Farmers Branch Independent School District and the city
of Coppell for Instructional Technology Support in the
amount of $32,500.00 and authorizing the City Manager
to sign.
F. Consider approval of an ordinance amending Article 8-3
Parking, Section 8-3-1(A) of the Code of Ordinances for
the City of Coppell to prohibit stopping, standing or
parking a vehicle at all times, with the exception of an
official school bus operated by a licensed school bus
driver, on the west side of Crestside Drive beginning at a
point approximately 340 feet south of its intersection
with Wrangler Drive and extending to a point
approximately 430 feet south of said intersection; and
authorizing the Mayor to sign.
G. Consider approval of a six-month extension to the
expiration date for the Villas of Lake Vista, Phase 1, Final
Plat, to allow the platting of 93 townhome lots and 13
common areas on 12.7 acres of property located south of
Lake Vista Drive, east of MacArthur Boulevard.
Presentation:
Jim Witt, City Manager, answered questions regarding Item F.
Action:
Councilmember Brancheau moved to approve Consent Agenda items A,
B, C carrying Resolution No. 2005-0726.1, D, E, F carrying Ordinance
No. 2005-1103 and G. Councilmember Suhy seconded the motion, the
motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers
Peters, Hinojosa-Flores, Tunnell, Suhy and York voting in favor of the
motion.
13. Confirm extending the appointments of Gary Roden, Bill
Rohloff, Jason Crawford, Kris Fichtner and Matt Hall to serve
one-year (1-year) terms on the Economic Development
Foundation.
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Presentation:
Jim Witt, City Manager, made a presentation to Council.
Action:
Councilmember Brancheau moved to confirm extending the
appointments of Gary Roden, Bill Rohloff, Jason Crawford, Kris Fichtner
and Matt Hall to serve one-year (1-year) terms on the Economic
Development Foundation. Councilmember Tunnell seconded the motion,
the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Suhy and York voting
in favor of the motion.
14. Necessary action resulting from Work Session.
There was no action necessary under this item.
15. City Manager's Report.
A. Council Goals FY 2005-2006.
There was no report done on this item.
16. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and
Councilmember Peters.
D. Dallas Regional Mobility Coalition - Councilmember
Peters.
E. Economic Development Committee - Councilmembers
Suhy and York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember
Hinojosa-Flores.
H. Metrocrest Social Service Center - Councilmember
Brancheau.
I. North Texas Council of Governments - Councilmember
Tunnell.
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J. NTCOG/Regional Emergency Management -
Councilmember Suhy
K. North Texas Commission - Councilmember Peters.
L. Senior Adult Services - Councilmember Faught.
M. Town Center/Architectural Committee - Councilmember
Hinojosa-Flores.
A. Councilmember Tunnell reported that Lewisville Independent
School District will begin classes on August 11th and
Carrollton/Farmer’s Branch Independent School District will begin
classes on August 15th. Also the Carrollton/Farmer’s Branch
schools are having a pilot project this year for uniforms.
B. Councilmember Suhy reported that Coppell Independent School
District will begin classes on August 15th. Mayor Stover
announced that the New Teacher Breakfast will be August 2nd at
7:15 a.m. and invited all Council to attend.
C. Mayor Pro Tem Brancheau announced that the Senior Center
monthly luncheon will be held on July 29th and invited Council to
attend.
D. Councilmember Peters reported that the Super Connector of the
George Bush Toll Road (190) at I35 is scheduled to open
September 9, 2005. She also reported that the TEX-21
reauthorization project has received its 10th extension and they are
pushing to have the 92¢ return to happen immediately instead of
in 2007.
E. Councilmember York discussed the current development projects
happening in Old Coppell. These include a medical office and a
new restaurant. He also stated they are still working on getting
the Charter School in at Sandy Lake Road and MacArthur Blvd.
F. There was nothing to report on this item.
G. Councilmember Hinojosa-Flores reported on the Metrocrest
Medical Foundation meeting she attended on July 12, 2005. The
main items discussed were the annual fundraiser to be held on
October 1, 2005 from 6:30 p.m. – 11:30 p.m. at Brookhaven
Country Club and the cost is $75 per person.
H. There was nothing to report on this item.
I. There was nothing to report on this item.
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J. Councilmember Suhy reported on the NTCOG/Regional Emergency
Management meeting he attended. The main item of discussion
was the free training classes they provide for city officials and staff.
K. There was nothing to report on this item.
L. There was nothing to report on this item.
M. There was nothing to report on this item.
At this time Council reconvened into Executive Session followed by further
Work Session.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.087, Texas Government Code - Deliberation
regarding Economic Development Negotiations.
1. Economic Development Prospects in Old Coppell.
WORK SESSION (Open to the Public)
Convene Work Session
B. Discussion regarding Electrovote for Council Chambers.
C. Presentation of Coppell Economic Development Strategic
Plan.
D. Discussion of Agenda Items.
Item14 was considered at this time. Please see Item 14 for minutes.
17. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
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_____________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________________________
Libby Ball, City Secretary
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MINUTES OF JULY 28, 2005
The City Council of the City of Coppell met in Special Called Session on
Thursday, July 28, 2005, 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
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Bill York, Councilmember
Councilmember Suhy was absent from the meeting. Also present were City
Manager Jim Witt and Deputy City Manager Clay Phillips.
ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
1. Convene Work Session
A. General Review.
1. Final Valuation.
2. General Budget Discussion.
SPECIAL SESSION (Open to the Public)
2. Announce Executive Session.
EXECUTIVE SESSION (Closed to the Public)
3. Convene Executive Session
A. Section 551.074, Texas Government Code - Personnel
Matters.
1. City Manager Evaluation.
Mayor Stover convened into Executive Session at 6:46 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 6:54 p.m. and opened the Special Session.
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SPECIAL SESSION (Open to the Public)
4. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
_____________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________________________
Clay Phillips, Deputy City Manager
DEPT: City Secretary
DATE: August 9, 2005
ITEM #: 8/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider accepting the resignation of Matt Hall from the Economic Development Foundation,
term to expire August 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %Hallresign
DEPT: Municipal Court
DATE: August 9, 2005
ITEM #: 8/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance amending the Coppell Code of Ordinances by amending
Section 5-2-4 of Chapter 5, Municipal Court Technology Fund, to provide language for funds to be used to
maintain technological enhancements for the Coppell Municipal Court No. 1 and to repeal Section (F) which
provided for the fund to expire on September 1, 2005, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: This ordinance will add the required language to Section 5-2-4 of Chapter 5,
Municipal Court Technology Fund, that will allow for the maintenance of technological enhancements to be
funded from the Municipal Court Technology Fund. This Ordinance will also repeal Section (F), which will expire
September 1, 2005, allowing for the fund to continue indefinitely as allowed by Article 102.0172 CCP.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: Court Ordinance
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COPPELL CODE OF ORDINANCES BY AMENDING
SECTION 5-2-4 0F CHAPTER 5, MUNICIPAL COURT TECHNOLOGY
FUND, TO PROVIDE LANGUAGE FOR FUNDS TO BE USED TO
MAINTAIN TECHNOLOGICAL ENHANCEMENTS FOR THE COPPELL
MUNICIPAL COURT NO. 1 AND TO REPEAL SECTION (F) WHICH
PROVIDED FOR THE FUND TO EXPIRE ON SEPTEMBER 1, 2005; BY
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about August 24, 1999, the City Council adopted Ordinance No. 99-
887 providing for the Municipal Court Technology Fund in accordance with the provisions of
Article 102.0172, Subchapter A of Chapter 102 of the TEXAS CODE OF CRIMINAL PROCEDURE; and
WHEREAS, amendments to State law since the adoption of said Ordinance has made
certain sections which were required to be included now inapplicable; and
WHEREAS, the City desires to bring the provisions in compliance with current State law;
and
WHEREAS, the City Council has determined that Section 5-2-4 of Chapter 5 of the Code
of Ordinances should be amended to repeal Subsection (F) which provided for the fund to expire on
September 1, 2005;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 5 of the Code of Ordinances be, and the same is hereby
amended by amending Section 5-2-4(A) to read as follows:
“A. There is hereby established and created a municipal court technology fund in
accordance with Article 102.0172 of Chapter 102 of the Texas Code of Criminal Procedure, as
amended, to be used only to finance the purchase of or to maintain technological enhancements for
the Coppell Municipal Court of Record No. 1, including:
….”
SECTION 2. That Chapter 5 of the Code of ordinances be, and the same is hereby
amended by amending Section 5-2-4 of Article 5-2 by repealing Subsection F in its entirety.
SECTION 3. That all provisions of the Code of 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 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provides
DULY PASSED by the City Council of the City of Coppell, Texas, this the ___ day of
________________, 2005.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(JJG/cdb 08/03/05)
2 76107
DEPT: Finance
DATE: August 9, 2005
ITEM #: 8/D
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of the certification of the 2005 anticipated collection rate for the period of
July 1, 2005, through June 30, 2006, and the amount of excess debt collections during the period of July 1, 2004,
and June 30, 2005.
GOAL(S):
EXECUTIVE SUMMARY: Pursuant to Section 26.04 of the Texas Property Tax Code, the Tax
Assessor/Collector has certified the anticipated collection rate for the period of July 1, 2005, through June 30, 2006
to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective rollback tax
rate to account for anticipated delinquencies.
The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of debt tax
dollars actually collected during the period from July 1, 2004 through June 30, 2005, with the amount of debt tax
dollars that should have been collected according to the 2004 anticipated collection rate. If a taxing unit collects
more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing
body. The adjusted amount of debt tax dollars levied in 2004 was $8,320,755.00, however, the actual debt
collections during the same period was $8,560,404.70. Therefore, the Tax Assessor/Collector has certified that the
$239,649.70 is the full, true and correct amount of excess debt collections.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $TaxColl-1AR(Consent)
MEMORANDUM
Date:July 13, 2005
To:Jennifer Armstrong, Director of Finance
From: Stephanie Tumlison, Tax Assessor/Collector
Subject:Anticipated Collection Rate for 2005 & Excess Debt Collections in 2004
Pursuant to Section 26.04 of the Texas Property Tax Code, I have certified the anticipated
collection rate for the period of July 1, 2005 through June 30, 2006 to be 99%. The purpose
of this law is to permit a taxing unit to adjust the debt portion of its effective/rollback tax rate
to account for anticipated delinquencies.
The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare
the amount of debt tax dollars actually collected during the period from July 1, 2004 through
June 30, 2005, with the amount of debt tax dollars that should have been collected according
to the 2004 anticipated collection rate. If a taxing unit collects more debt tax dollars than
should have been collected, the collector certifies the excess amount to the governing body.
The adjusted amount of debt tax dollars levied in 2004 was $8,320,755.00, however, the
actual debt collections during the same period was $8,560,404.70. Therefore, I have
certified that $239,649.70 is the full, true and correct amount of excess debt collections.
The above stated anticipated collection rate and the amount of excess debt collections will be
used in the calculation of the effective/rollback tax rate for 2005. Attached is the
certification of these two items to be approved by the City Council.
DEPT: Planning
DATE: August 9, 2005
ITEM #: 8/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-203R-R, Nationwide Insurance, zoning change from PD-203-
R (Planned Development-203-Retail) to PD-203R-R (Planned Development-203 Revised-Retail) to amend the
Planned Development to allow the construction of a 3,028-square-foot office building on 0.42 of an acre of
property located at the southwest corner of Sandy Lake and Moore Roads, 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 June 16, 2005, the Planning Commission approved this zoning change (4-2).
On July 12, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @PD-203R-R ORD 1-AR(Con)
1 76102
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-203-R (PLANNED
DEVELOPMENT-203-RETAIL) TO PD-203R-R (PLANNED
DEVELOPMENT-203 REVISED-RETAIL) TO AMEND THE PLANNED
DEVELOPMENT TO ALLOW THE CONSTRUCTION OF A 3,028-
SQUARE-FOOT OFFICE BUILDING ON 0.42 OF AN ACRE OF
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SANDY
LAKE AND MOORE ROADS, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF
THE DETAIL SITE PLAN, SPECIFICATIONS, TREE MITIGATION AND
LANDSCAPE PLAN, ELEVATIONS, AND FLOOR PLAN, ATTACHED
HERETO AS EXHIBITS “B”, “C”, “D”, “E”, AND “F”, 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-203R-R
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-203-R (Planned
Development-203-Retail) to PD-203R-R (Planned Development-203 Revised-Retail) to amend
2 76102
the Planned Development to allow the construction of a three thousand twenty eight (3,028)
square-foot office building on 0.42 of an acre of property located at the southwest corner of
Sandy Lake and Moore Roads, 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 as set forth hereinbelow;
A. The perimeter landscaping along Moore Road and the southern property line shall be
reduced to as depicted on the Detail Site and Landscape Plans.
B. A depth of the parking spaces perpendicular to Sandy Lake Road right-of-way shall
be a minimum of seventeen feet six inches (17’6”), without providing additional
landscaping.
SECTION 3.That the Detail Site Plan, Specifications, Tree Mitigation and Landscape
Plan, Elevations and Floor Plan, attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F”,
respectively, and made a part hereof for all purposes as development regulations, 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
3 76102
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.
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
___________________, 2005. APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 7/26/05)
DEPT: Planning
DATE: August 9, 2005
ITEM #: 8/F
AGENDA REQUEST FORM
GOAL(S):
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-205R-HC, Vista Ridge Addition, Lots 1BR-8X, Block D (The
Plaza), zoning change from PD-205-HC (Planned Development-205-Highway Commercial) to PD-205R-HC
(Planned Development-205 Revised-Highway Commercial), to amend the Planned Development to revise the
Detail Site Plan to allow: a decrease in the number of buildings from 6 to 5 and number of parking spaces; an
increase in the size of the total square footage from approximately 62,600-square feet to approximately 74,300-
square feet, a modification of usage and revisions to the elevations for the proposed one- and two-story general and
medical office buildings on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet
east of Denton Tap Road, and authorizing the Mayor to sign.
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On June 16, 2005, the Planning Commission unanimously approved this zoning change (5-0).
On July 12, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @PD-205R-HC ORD 1-AR(Con)
1 76100
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-205-HC (PLANNED
DEVELOPMENT-205-HIGHWAY COMMERCIAL) TO PD-205R-HC
(PLANNED DEVELOPMENT-205 REVISED-HIGHWAY
COMMERCIAL), TO AMEND THE PLANNED DEVELOPMENT TO
REVISE THE DETAIL SITE PLAN TO ALLOW: (I) A DECREASE IN
THE NUMBER OF BUILDINGS FROM SIX (6) TO FIVE (5); (II) TO
DECREASE THE NUMBER OF PARKING SPACES; (III) INCREASE IN
THE SIZE OF THE TOTAL AGGREGATE SQUARE FOOTAGE OF
BUILDINGS FROM APPROXIMATELY 62,600-SQUARE FEET TO
APPROXIMATELY 74,300-SQUARE FEET; (IV) AND, MODIFICATION
OF USAGE AND REVISE THE ELEVATIONS FOR THE PROPOSED
ONE- AND TWO-STORY GENERAL AND MEDICAL OFFICE
BUILDINGS AS DEPICTED ON THE DETAIL SITE PLAN AND
ELEVATION PLAN, AS PROVIDED IN SECTION 3 HEREIN, ON 7.77
ACRES OF PROPERTY LOCATED ALONG THE NORTH SIDE OF S.H.
121, APPROXIMATELY 670 FEET EAST OF DENTON TAP ROAD, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”,
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR SPECIAL CONDITIONS ATTACHED
HERETO AS EXHIBIT “B”; PROVIDING FOR THE APPROVAL OF THE
DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATION PLAN OF
THE ONE-STORY AND TWO-STORY BUILDINGS, ATTACHED
HERETO AS EXHIBITS “C, D, E AND F”, 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-205R-
HC 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:
2 76100
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-205-HC (Planned
Development-205-Highway Commercial) to PD-205R-HC (Planned Development-205 Revised-
Highway Commercial), to amend the Planned Development to revise the Detail Site Plan to
allow: (i) a decrease in the number of buildings from six (6) to five (5); (ii) to decrease the
number of parking spaces; (iii) increase in the size of the total aggregate square footage of
buildings from approximately 62,600-square feet to approximately 74,300-square feet; (iv) and,
modification of usage and revise the elevations for the proposed one- and two-story general and
medical office buildings as depicted on the Detail Site Plan and Elevation Plan, as provided in
Section 3 herein, on 7.77 acres of property located along the north side of S.H. 121,
approximately 670 feet east of Denton Tap Road, 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 for only those uses set forth in
accordance with the special conditions, which are attached as Exhibit “B”, attached hereto and made
a part hereof for all purposes, except for the following special condition;
(A) Prior to construction on Lots 3 and 4, a replat will be required, unless constructed as
two separate buildings as previously approved in PD-205-HC, Ordinance # 91500-
A-395.
SECTION 3.That Detail Site Plan, Landscape Plan, and Elevation Plan of the one-story
and two-story buildings, attached hereto as Exhibits “C, D, E and F”, respectively, and made a part
hereof for all purposes as special conditions, 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.
3 76100
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.
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
___________________, 2005.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
4 76100
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 7/26/05)
SHEETDRAWNDESIGNCHECKEDDATESCALEJOBDOWDEY, ANDERSON & ASSOCIATES, INC.1103072C1"=40'5/17/04JCRJCRWAACITY OF COPPELLDALLAS/DENTON COUNTY, TEXAS
DEPT: Planning
DATE: August 9, 2005
ITEM #: 8/G
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1036-LI(CH), Gifford Hill Plant #4 (Southern Star Concrete),
zoning change from the base zoning of HI (Heavy Industrial) to LI (Light Industrial) for S-1036 (Special Use
Permit-1036) and allowing for the retention of the existing concrete batch plant on 5.5 acres of property located at
601 S.H. 121, west of Ace 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 June 16, 2005, the Planning Commission unanimously approved this zoning change (6-0).
On July 12, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @S-1036-LI(CH) ORD 1-AR(Con)
1 76101
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 S-1036-HI (SPECIAL USE PERMIT-1036-
HEAVY INDUSTRIAL) TO S-1036-LI(CH) (SPECIAL USE PERMIT-1036-
LIGHT INDUSTRIAL-CALLED HEARING) ALLOWING FOR THE
RETENTION OF THE EXISTING CONCRETE BATCH PLANT AS A
CONFORMING USE ON 5.5 ACRES OF PROPERTY LOCATED AT 601
S.H. 121, WEST OF ACE LANE, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; 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-1036-LI(CH) 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 S-1036-HI (Special Use Permit-1036-
Heavy Industrial) to S-1036-LI (Special Use Permit-1036-Light Industrial), allowing for the
retention of the existing concrete batch plant as a conforming use a special use permit, on 5.5 acres
of property located at 601 S.H. 121, west of Ace Lane, 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 concrete batch plant is hereby approved,
subject to the following special condition:
2 76101
A) This facility shall be deemed a conforming use, however, any expansion of the use or
structure thereof to this use will require an amendment to this Special Use Permit.
SECTION 3.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 4.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 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.
3 76101
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
___________________, 2005.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 7/26/05)
DEPT: Planning
DATE: August 9, 2005
ITEM #: 8/H
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1225-LI, Osburn Contractors, zoning change from LI (Light
Industrial) to S-1225-LI (Special Use Permit-1225-Light Industrial), to allow the operation of a temporary concrete
batch plant for a time period not to exceed nine (9) months on 16 acres of property located at the northwest corner
of Beltline Road and Airline Drive (Park West Commerce Center, Lot 2R-3, Block 2), 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 June 16, 2005, the Planning Commission unanimously approved this zoning change (6-0).
On July 12, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @S-1225-LI ORD 1-AR(Con)
1 76098
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 LI (LIGHT INDUSTRIAL) TO S-1225-LI
(SPECIAL USE PERMIT-1225-LIGHT INDUSTRIAL), TO ALLOW THE
OPERATION OF A TEMPORARY CONCRETE BATCH PLANT FOR A
TIME PERIOD NOT TO EXCEED TWO HUNDRED AND SEVENTY (270)
CALENDAR DAYS ON 16 ACRES OF PROPERTY LOCATED AT THE
NORTHWEST CORNER OF BELTLINE ROAD AND AIRLINE DRIVE
(PARK WEST COMMERCE CENTER, LOT 2R-3, BLOCK 2), AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT “B”;
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-1225-LI 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 LI (Light Industrial) to S-1225-LI
(Special Use Permit-1225-Light Industrial), to allow the operation of a temporary concrete batch
plant for a time period not to exceed two hundred seventy (270) calendar days on 16 acres, more or
less, of property located at the northwest corner of Beltline Road and Airline Drive (Park West
2 76098
Commerce Center, Lot 2R-3, Block 2), 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 temporary concrete batch plant is hereby
approved, subject to the following special conditions:
A) This batch plant or accessory building facility shall be relocated from this property
prior to any above ground construction and placement of any vertical wall
construction.
B) The applicant shall provide to the City copies of all applications and permits from
Texas Commission on Environmental Quality, or its successor concerning the
operation of such batch plant.
C) This temporary concrete batch plat shall be permitted to remain operational for a
period not to exceed two hundred seventy (270) calendar days from the date of
Ordinance adoption.
D) The applicants shall maintain the required permits from the Texas Commission on
Environmental Quality to operate such facility.
SECTION 3. That the Site Plan attached hereto as Exhibit “B” shall be made a part hereof
for all purposes, are hereby approved and such site shall be maintained therewith as a special
condition.
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.
3 76098
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.
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
___________________, 2005.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
4 76098
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 7/26/05)
DEPT: Finance
DATE: August 9, 2005
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proposal to maintain a tax rate of .6486 for the 2005 tax year and to set
the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 23, 2005
at 7:00 p.m., and at a special called Council Meeting on August 30, 2005 at 6:00 p.m.
GOAL(S):
EXECUTIVE SUMMARY: Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate
exceeds the notice-and-hearing tax rate limit as calculated in the effective/rollback tax rate worksheets, the taxing
unit's governing body must take a record vote on the desired rate. The governing body must also announce the date,
time and place of the two (2) public hearings to be held on the proposed tax rate.
According to the 2005 Effective & Rollback Tax Rate calculations, the City of Coppell has a notice-and-hearing tax
rate limit of $0.64189. Even though the City of Coppell is proposing to maintain the tax rate of $0.6486, this rate does
exceed the notice-and-hearing limit established in the effective/rollback tax rate calculations. The “Notice of Public
Hearing" to be published in the newspaper will include how each member of the City Council voted on the proposal to
maintain the $0.6486 tax rate which exceeds the notice-and-hearing tax rate limit. At these two (2) public hearings,
taxpayers must have the opportunity to express their views on the proposed tax rate. The governing body may not
adopt the tax rate at these hearings; and, must announce the date and time of the meeting at which it will vote on the
tax rate. The meeting to adopt the 2005 tax rate must be at least three (3) days but no more than fourteen (14) days
after the second public hearing.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $TaxRate-1AR
MEMORANDUM
Date:July 26, 2005
To:Jennifer Armstrong, Director of Finance
From:Stephanie Tumlison, Revenue Collection Manager
Subject:Vote to Propose a Tax Increase
Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the
notice-and-hearing limit, the taxing unit's governing body must take a record vote on the desired
rate. Even though the City of Coppell is maintaining the tax rate of .6486, this rate does exceed the
notice-and-hearing limit established in the effective/rollback calculation. The “Notice of Public
Hearing" to be published in the newspaper will include how each member of the City Council voted
on the proposal to consider the tax revenue increase.
If you have any questions or desire additional information, please do not hesitate to call upon me.
MEMORANDUM
Date:July 26, 2005
To:Jennifer Armstrong, Director of Finance
From:Stephanie Tumlison, Revenue Collection Manager
Subject:Public Hearings, 2005 Proposed Tax Rate
August 23, 2005 and August 30,2005
Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the
notice-and-hearing limit, the taxing unit's governing body must hold two public hearings on the
proposal. At these hearings, taxpayers must have the opportunity to express their views on the
proposed increase. The governing body may not adopt the tax rate at these hearings; and, must
announce the date and time of the meeting at which it will vote on the tax rate. The meeting to adopt
the 2005 tax rate must be at least three (3) days but no more than fourteen (14) days after the second
public hearing.
According to our planning calendar, the tax rate is scheduled to be adopted at the September 13,
2005 Council Meeting. All other legal requirements will be complied with prior to the meeting
scheduled for adopting the 2005 tax rate.
Attached is a copy of the planning calendar for the tax rate adoption process for your review.
If you have any questions or desire additional information, please do not hesitate to call upon me.
DEPT: Planning
DATE: August 9, 2005
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-211-S-1226-R, Hard Eight Pit Bar-B-Q Restaurant with Private Club, zoning
change from R (Retail) to PD-211-S-1226-R (Planned Development-211-Special Use Permit-1226-Retail), to
attach a Detail Site Plan to allow the development of an approximate 14,205-square-foot restaurant and private
club, with outdoor seating and cooking areas, on 1.9 acres of property located along the south side of Bethel Road,
east of Freeport Parkway.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 21, 2005
Decision of P&Z Commission: Approval (4-0-1) with Commissioners McCaffrey, Foreman, Milosevich
and Reese voting in favor. None opposed. Commissioner Hall excused himself by filing an Affidavit of
Conflict of Interest with the Commission Secretary prior to the Public Hearing.
Approval is recommended, subject to the following conditions:
1) Change PD Conditions note to read as follows:
1. A minimum of 101 parking spaces shall be provided, with minimum dimensions of 9’ by 18’,
where not abutting landscaping or a sidewalk.
2. The building and paving areas may encroach into the perimeter landscape areas on the north and
east side of the property.
3. Non-vehicular landscaping may be a minimum of 10%.
4. Minimum front yard building setback shall be 6’ from Bethel Road right-of-way.
5. The trees on the south end of the property shall be phased to allow the drainage improvements prior
to planting.
6. Operational hours shall not exceed 10:30 a.m. – Midnight, seven days a week.
7. A Tree Removal Permit will be required prior to the removal of any trees from this site.
If the H (Historic) base zoning district is established on this property, additional conditions shall apply, as
follows:
1. The parking lot may extend beyond the front building line, east of the main structure.
2. A Special Use Permit shall not be required to allow a building exceeding 5,000-square feet.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @1PD-211-S-1226-R, Hard 8 1-AR
Item # 5
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-211-S-1226-R, Hard Eight Pit Bar-B-Q Restaurant
with Private Club
P & Z HEARING DATE: July 21, 2005
C.C. HEARING DATE: August 9, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: South side of Bethel Road, east of Freeport Parkway.
SIZE OF AREA: 1.9 acres of property
CURRENT ZONING: R (Retail)
REQUEST: PD-211-S-1226-R (Planned Development-211-Special Use Permit-
1226-Retail), to attach a Detail Site Plan to allow the development of a
14,120-square foot barbecue restaurant with private club, with outdoor
seating and cooking areas.
APPLICANT: Pacheco Koch Consulting Engineers
8350 N. Central Expressway, Suite 1000
Dallas, Texas 75206
Attn: Chad Jackson
(972) 235-3031
FAX: (972) 235-9544
HISTORY: There is no development history on the subject property.
Item # 5
Page 2 of 5
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width
right-of-way. Freese and Nichols has prepared the construction plans,
which are now 90% complete, showing variable right-of-way widths and
approximately 28’ of pavement with angled parking along the northwest
side, adjacent to this request. Construction is scheduled to begin late
2006.
SURROUNDING LAND USE & ZONING:
North – vacant; PD-186R2-LI (Light Industrial)
South – Office Warehouse; LI (Light Industrial)
East – vacant/flood plain; R (Retail)
West – Minyards Distribution Center; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Neighborhood Retail.
DISCUSSION: This property is currently zoned Retail. This proposal is for a Planned
Development (PD) with the base zoning to remain retail. Also scheduled
for this meeting is a request to consider calling a Public Hearing for the
August 18, 2005, Planning and Zoning Commission Meeting to extend the
zoning of the Historic district west to ultimately include this property.
Staff evaluated this proposal in anticipation of the property being included
in the district; and hence, used the recently approved Design Guidelines as
the criteria. Also, a Special Use Permit is necessary, as this request is for
a restaurant with a private club. The proposed hours of operation are
10:30 a.m. – Midnight, 7 days a week.
Site Plan
This request is for a 14,120-square-foot restaurant (a 6,724-sq.-ft. indoor
dining/kitchen area; a 4,166-sq.-ft. outdoor dining and exit porch area and
a 3,230-sq.-ft. outdoor cooking and entrance porch area). The option to
build an asphalt, rather than concrete parking lot is acceptable in this
proposed district. A cost benefit analysis will be developed to make a
decision regarding this issue. A restaurant this size would require 142
parking spaces, calculated at a ratio of one space per 100-square-feet of
Item # 5
Page 3 of 5
building area; only 101 are provided on-site. A condition to the PD
includes this parking not being met. Staff is comfortable with this request,
as future agreements with surrounding businesses are probable to fulfill
the parking needs. Also, the improvements to Bethel Road do include
some on-street parking spaces. This will promote more pedestrian traffic
within the district, which is one of the goals of the Old Coppell Master
Plan. Also, the entry porch, with outdoor cookers and a wood storage
area, is being included in the parking calculations, which are areas not
typical to other restaurants. The depth of some of the spaces will require a
PD condition, as the head-to-head spaces are 18’ instead of 19’. One of the
PD conditions being requested is to locate parking in front of the building,
which is a variance to the recently approved Historic district development
standards. Staff recommends including this as a condition because the
parking area will be screened with heavy landscaping.
A fire lane is provided on-site, connecting the proposed opening on
Freeport Parkway with the one on Bethel Road.
It is noted on the Site Plan that the street lamps for the parking area will be
in compliance with those already approved for the Historic district. These
are approximately 14’ in height and will match those approved for the
Historic district (already installed in the Old Coppell Townhomes
development).
Landscaping Plan and Tree Preservation
The interior landscaping, or parking lot landscaping, is in compliance with
the requirements of the Historic district. The applicant is requesting a PD
condition allowing for a reduction to the required non-vehicular
landscaping, or open space requirements. Staff can support this reduction,
as the building is being located close to the road as required within the
Guidelines.
The site is to be cleared of all existing trees, except those located within
and adjacent to the flood plain on the southeast corner of the lot.
Elevations / Signage
The structure exceeds the 5,000-square-foot threshold specified in the
Historic district that would require a Special Use Permit; however, this
variance can be included as a condition within this Planned Development.
The proposed building materials are native stone and cedar siding. Cedar
is used to wrap the steel columns and as an accent on the dormers. A
standing seam metal roof is proposed. Staff recommends horizontal siding
in place of the vertical, as this is more traditional in design.
Item # 5
Page 4 of 5
The height of the proposed structures is 33.3’ and is in compliance with
the maximum allowable height of 35’. The restaurant is oriented to the
street, with the main entry shown on the north elevation, which has
dormers shown breaking up the long expanse of metal roof. The signage
board above the entry is compatible with the architecture of the structure,
as required in the design standards of the Historic district; however, staff
recommends that the sign board contain all the advertising (antlers and
logo shall not extend beyond the board). The gable end fronting Freeport
Parkway shows a large, 96-square-foot sign. Staff recommends replacing
it with a traditional hanging sign below it, to the right. The square board
would need to contain all the advertising (antlers could not extend). The
multi-pane windows are clear as outlined in the Design Guidelines.
Although not currently shown, there is brick proposed along the bottom of
the structure to meet the brick foundation requirement.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the following conditions:
1) Change PD Conditions note to read as follows:
1. A minimum of 101 parking spaces shall be provided, with minimum
dimensions of 9’ by 18’ where not abutting landscaping or a sidewalk.
2. The building and paving areas may encroach into the perimeter landscape
areas on the north and east side of the property.
3. Non-vehicular landscaping may be a minimum of 10%.
4. Minimum front yard building setback shall be 6’ from Bethel Road right-
of-way.
5. The trees on the south end of the property shall be phased to allow the
drainage improvements prior to planting.
6. Operational hours shall not exceed 10:30 a.m.– Midnight, seven days a
week.
7. A Tree Removal Permit will be required prior to the removal of any trees
from this site.
If the H (Historic) base zoning district is established on this property,
additional conditions shall apply, as follows:
1. The parking lot may extend beyond the front building line, east of the
main structure.
2. A Special Use Permit shall not be required to allow a building exceeding
5,000- square feet.
2) Show the zoning districts of adjacent properties and change note #6 within the
Site Data Table to read “Proposed Zoning.”
Item # 5
Page 5 of 5
3) Remove the proposed sign on the west elevation. Replace with a hanging
sign below it and to the right. Include dimensions (no larger than 4’ x 15’).
On the north elevation, ensure the sign board contains all the advertising
(antlers and logo shall not extend beyond the board).
4) Show horizontal siding in place of the vertical, as this is more traditional in
design.
5) List the proposed colors and materials on the black and white elevations.
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) Landscape Plan
3) Tree Survey
4) Elevations
5) Floor Plan
DEPT: Planning
DATE: August 9, 2005
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Crescent Addition, Lot 1, Block A, Minor Plat and Replat, being a partial Minor Plat of
0.99 of an acre tract and a Replat of Lot 5 of the Coppell Commerce Center, Phase 1, to allow the development of
an approximate 14,205-square-foot restaurant and private club, with outdoor seating and cooking areas, on 1.9
acres of property located along the south side of Bethel Road, east of Freeport Parkway.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: July 21, 2005
Decision of P&Z Commission: Approval (4-0-1) with Commissioners McCaffrey, Foreman, Milosevich
and Reese voting in favor. None opposed. Commissioner Hall excused himself by filing an Affidavit of
Conflict of Interest with the Commission Secretary prior to the Public Hearing.
Approval is recommended, subject to the following condition:
1) Compliance with the Engineering comments (attached).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @2Crescent MP&R 1-AR
Item # 6
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Crescent Addition, Lot 1, Block A, Minor Plat and Replat
P & Z HEARING DATE: July 21, 2005
C.C. HEARING DATE: August 9, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: South side of Bethel Road, east of Freeport Parkway.
SIZE OF AREA: 1.9 acres of property
CURRENT ZONING: R (Retail)
REQUEST: Minor Plat and Replat to allow the development of a barbecue
restaurant with private club, with outdoor seating and cooking areas.
APPLICANT: Pacheco Koch Consulting Engineers
8350 N. Central Expressway, Suite 1000
Dallas, Texas 75206
Attn: Chad Jackson
(972) 235-3031
FAX: (972) 235-9544
HISTORY: There is no development history on the subject property.
Item # 6
Page 2 of 3
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width
right-of-way. Freese and Nichols has prepared the construction plans,
which are now 90% complete, showing variable right-of-way widths and
approximately 28’ of pavement with angled parking along the northwest
side, adjacent to this request. Construction is scheduled to begin late
2006.
SURROUNDING LAND USE & ZONING:
North – vacant; PD-186R2-LI (Light Industrial)
South – Office Warehouse; LI (Light Industrial)
East – vacant/flood plain; R (Retail)
West – Minyards Distribution Center; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Neighborhood Retail.
DISCUSSION: The purpose of the Replat of Block 5 of the Coppell Commerce Center,
Phase I, and Minor Plat is to allow for the development of a 1.9-acre lot
containing a 14,120-square-foot restaurant with private club. There is an
11’ right-of-way along Freeport Parkway and a right-of-way of variable
width along Bethel Road being dedicated by this plat (approximately
11,178-square feet). There is a fire lane proposed to run adjacent to the
structure and connect Freeport Parkway to Bethel Road. The southeast
corner of the lot is dedicated as a drainage easement, as it contains the
approximate limits of the 100-year flood zone. A 15’ sidewalk and utility
easement is proposed adjacent to the Freeport right-of-way dedication.
East of that, is a proposed 54’ drainage easement running north/south. A
10’ drainage easement is proposed along the southern property line.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Replat and Minor Plat, subject to the following condition
being met:
1) Compliance with the attached Engineering comments.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
Item # 6
Page 3 of 3
3) Recommend modification of the request
ATTACHMENTS:
1) Engineering comments
2) Plat
DEPT: Planning
DATE: August 9, 2005
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a one-year extension to the expiration date of the MacArthur Vista Center, Lot 1, Block A,
Site Plan, to allow the development of an approximate 10,048-square-foot office/retail/medical building on 1.409
acres of property located along the east side of MacArthur Blvd., south of Denton Creek.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On November 21, 2002, the Planning Commission unanimously recommended approval of this Site Plan (5-0). On
December 10, 2002, Council approved this Site Plan (6-1). Councilman Herring opposed. On August 10, 2004,
Council unanimously approved a one-year extension, moving the expiration date of this Site Plan to December 10,
2005. Please see attached correspondence from Alen Hinckley, Yorkshire West Realty Advisors, Ltd., dated July
25, 2005. If this request were approved, the Site Plan would expire December 10, 2006.
Staff recommends DENIAL of this request.
Although we routinely recommend approval of six-month and one-year extensions to site plans, this particular
request is excessive and does not merit favorable consideration based on the following:
• A one-year extension was granted a year ago and no tangible effort has been made towards development.
• If this extension were granted, the Site Plan would be up to four years old at the time of construction, which is
twice as long as provided for in the Zoning Ordinance.
• The Comprehensive Plan of May 1996 shows the property as suitable for residential uses; therefore, the
proposed office/medical/retail uses are inappropriate for this property.
• This proposed development drew strong opposition from residents of Lake Park and The Peninsulas (see
attached correspondence in opposition).
• Council approval of this Site Plan was subject to the provision of a six-foot solid screening wall along the east
property line of this tract, adjacent to the residential development, as required in the Zoning Ordinance.
However, the applicant received BOA relief from this requirement and will only be providing landscaping
along this property line. Since these actions, the Prestwick subdivision has been built-out, and those residents,
who will also be impacted by the construction of the proposed 10,000-square-foot building on this site, did not
have an opportunity to provide their input on this granted variance.
Staff recommends DENIAL of this extension request. When the property owner is ready to develop, Site Plan
review process can be initiated at that time.
Agenda Request Form - Revised 02/04 Document Name: @3MacA Vista SPX 1-AR
DEPT: Human Resources
DATE: June 28, 2005
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval to authorize Harrison Walker & Harper to proceed with renovations for
Fire Station #03 in the amount not to exceed $196,144.00, as designated.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this contract have been set aside in the General Fund Designated Fund
Balance.
Agenda Request Form - Revised 09/04 Document Name: Fire Station #03 Renovations
Builders Since 1887
222 East Hickory Street
Paris, Texas 75460-2698
903-785-1653
1-800-442-TEAM
Fax 903-784-1471
http://www.webuild-hwh.com
July 21, 2005
Deputy City Manager
Clay Phillips
City Of Coppell
255 Parkway
Coppell, Texas 75019
Re:Fire Station #03 Renovations -Phase I, Coppell, Texas
GMP Proposal
Dear Mr. Phillips:
On July 14, 2005 , Harrison, Walker & Harper received proposals for the Fire Station #03
Renovations based on documents prepared by Brinkley Sargent Architects dated June 23,
2005.
Since receiving bids, we have been qualifying the apparent low bidders and have now
assembled a Guaranteed Maximum Price for this work as follows:
Fire Station #03 -Renovation:$190,144
Owner Contingency 6,000
Total proposed base GMP:$196,144
GMP Budget $ 196,680
Difference ($ 536)
The proposed GMP is based on the following clarifications:
1.Misc. Accessories and Toilet accessories clarified by Addendum #2 issued by
Brinkley Sargent 7-20-05.
2.Owner to provide cost of Building Permit. Harrison, Walker, and Harper, LP will
submit documents for review and permitting.
3.Utilities provided from existing facilities for construction and trailer.
4.Connect new fire alarm devices to existing system.
5.Contractor to disconnect Owner equipment for Owner Storage
6.Excludes Architect and Engineering fees.
7.Excludes Furnishings ,Fixtures and Equipment (FFE)not specifically stated on
the drawings.
Since the project is within the allocated budget, we are prepared to proceed with the
mobilization of construction and begin material procurement for the Fire Station
renovation.
We had a lot of quotes during the bidding phase of this project and have attached a list of
contractors.We received at least three (3) bids per trade.Thank you for the opportunity
to provide these services to the City of Coppell and we look forward to another
successful project.
Sincerely,
Aaron Benson
Estimator
Harrison, Walker & Harper, LP
Cc:Jerod Anderson –City of Coppell -Purchasing Agent
Bobby Halton –City of Coppell -Fire Chief
Dwayne Brinkley –Brinkley Sargent Architects
Hunter Moore –VP of Pre-construction
Neal Sitzes -VP of Construction
Jim Hunt-Chief Estimator
Roger Bussell-Project Manager
BIDDING CONTRACTORS FOR COPPELL FIRE STATION #03 RENOVATIONInterior Demo:A&R DemoBlue RibbonGMIRice DrywallOdom Const.Mart Inc.Total AbatementDel Valle, TXDallas, TXSouthlake, TXFt. Worth,TXMesquite, TX Irving, TXRoyce City,TXMasonry :Behne MasonryDMG MasonryOdom Const.Mart Inc.CarconEnnis, TXArlington, TXMesquite, TX Irving, TXDallas, TXMillwork/ Cabinets:Tywell Const.TX Star CabinetMillwork PartnersCobra SpecialtiesJ-ZacOdom Const.Mart Inc.Forney, TxMt. Pleasant, TXCarrollton, TXJoshua, TXTrenton,TXMesquite, TX Irving, TXSealants:Herrera'sOdom Const.Mart Inc.Ft. Worth,TXMesquite, TX Irving, TXDoors & Hardware:KrelcoTex-OmaSherman D/HSword Co.Sherman, TXWichita Falls,TXSherman, TXTyler, TXDrywall:GMIRice DrywallOdom Const.Mart Inc.CarconMorris DrywallSouthlake, TXFt. Worth,TXMesquite, TX Irving, TXDallas, TXRichardson, TxPainting/ Wall Covering:Henry's PaintTexas QualityQualtex, Inc.Stewart PaintOdom Const.CarconSherman, TxDallas, TXEuless,TXParis, TXMesquite, TX Dallas, TXCeramic Tile:SpectraMark's QualityMart, Inc.Carcon Commerce, TXWhite Oak, TXIrving, TxDallas, TxCarpet:SpectraMart, Inc.Carcon Commerce, TXIrving, TxDallas, TxToilet Accessories:TBSSherman D/HSword Co.B&W SalesOdom Const.Mart Inc.Ft Worth,TXSherman, TXTyler, TXRichardson,TXMesquite, TX Irving, TXPlumbing:MincOdom Const.Mart Inc.Richardson, TXMesquite, TX Irving, TXFire Protection:GenesisRed PhoenixOdom Const.Mart Inc.Seagoville, TXDallas, TXMesquite, TX Irving, TXHVAC:MincOdom Const.Mart Inc.Richardson, TXMesquite, TX Irving, TXElectrical:Belton Elect.Mills Elect.Odom Const.Mart Inc.Dallas, TXDallas, TXMesquite, TX Irving, TXFire Alarm:Mills Elect.Odom Const.Mart Inc.SiemensMastersoundSecurity FireDallas, TXMesquite, TX Irving, TXIrving, TXDallas, TXCoppell, TXContractors are listed in random order of bids received.Apparent low bidders
DEPT: Fire/Emergency Management
DATE: August 9, 2005
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance of the City of Coppell, Texas, adopting the National Incident Management
System (NIMS) as the standard for incident management by the City of Coppell, and authorizing the Mayor to
sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of the Ordinance will bring the City of Coppell into compliance with Governor Perry’s Executive Order
RP 40 signed on February 23, 2005 and allow the City of Coppell to be eligible to apply for FY 2006 preparedness
grant funding.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: (NIMS-1 AR
MEMORANDUM
TO:Mayor and City Council
FROM:Bobby Halton, Fire Chief
DATE:July 26, 2005
SUBJECT:Ordinance Adopting the National Incident Management System (NIMS)
The adoption of this ordinance will enable the City of Coppell to comply with Governor
Perry’s Executive Order RP 40 signed on February 23, 2005, adopting the NIMS as our
statewide emergency management system. This order mirrors Presidential Directive
(HSPD) 5, directing the development and administration of the National Response Plan
and NIMS.
The adoption of this ordinance will allow the City of Coppell to be eligible to apply for FY
2006 preparedness grant funding. The City of Coppell is required to certify that it has
formally adopted NIMS, either by forwarding a copy of the city ordinance or resolution to
the Governor's Division of Emergency Management before October 1, 2005. It is clearly
stated that referencing NIMS in our plans will not be sufficient to comply with this
requirement.
The City of Coppell has complied with and is working toward completing all of the
required 2006 grant funding requirements to insure 2007 eligibility. Work has begun to
update our emergency management plans to incorporate NIMS/ICS. The City of
Coppell’s readiness will be reviewed utilizing NIMCAST. Corrections or additions
regarding required training and/or documentation to fulfill our total integration with
NIMS/ICS will be completed.
Staff will be available to answer any questions at the Council meeting.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS) AS THE STANDARD FOR INCIDENT MANAGEMENT BY THE
CITY OF COPPELL; AND ADOPTING AN EFFECTIVE DATE.
WHEREAS, on February 28, 2003, the President issued Homeland Security
Presidential Directive (HSPD) – 5 that directed the Department of Homeland Security, in
cooperation with representatives of federal, state, and local government, to develop a
National Incident Management System (NIMS) to provide a consistent approach to the
effective management of situations involving natural disasters, man-made disasters or
terrorism; and
WHEREAS, the final NIMS was released on March 1, 2004, and
WHEREAS, NIMS contains a practice model for the accomplishment of the
significant responsibilities associated with prevention, preparedness, response,
recovery, and mitigation of all major and national hazards situations, and
WHEREAS, HSPD-5 requires state and local governments adopt the NIMS by
fiscal year 2005 as a pre-condition to the receipt of federal grants, contract and activities
related to the management and preparedness for certain disaster and hazard situations;
and
WHEREAS, the City Council for the City of Coppell desires to adopt the NIMS as
required by HSPD-5.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, hereby adopts
the National Incident Management System dated March 1, 2004.
SECTION 2. That all City Officials, managerial personnel and first responders
will complete any and all training dictated by the Department of Homeland Security as it
pertains to NIMS.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of , 2005.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
DEPT: Engineering
DATE: August 9, 2005
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a license agreement between the City of Coppell and Texas New Mexico Power Company, a
Texas Corporation, its successors and assigns for the use of right-of-way to erect, maintain and operate facilities;
and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this license agreement will allow Texas New Mexico Power Company to provide electrical service
and install street lights to serve the Vista Ridge Addition (The Plaza).
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name:#License Agmt Tx NM
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: August 9, 2005
REF:Consider approval of a license agreement between the City of Coppell and Texas
New Mexico Power Company, a Texas Corporation, its successors and assigns for
the use of right-of-way to erect, maintain and operate facilities; and authorizing the
City Manager to sign.
For several months now, city staff has been meeting with representatives of Texas New Mexico
Power Company (TNMP) and "the Plaza" development concerning power and street lighting
facilities for the development. Council may recall that the development is located within the
city's of Coppell and Lewisville. The developer has stated that he desires to utilize TNMP for all
power and streetlight services within the entire development.
Currently, TNMP does not have an agreement to install their facilities within city right-of-way.
In 2001, the City of Coppell approved the city's Right-of-way Management Ordinance #2001-
944. This ordinance governs all types of service provider facilities within city right-of-way.
Agreements entered into prior to the adoption of the city's Right-of-way Management Ordinance
were typically franchise agreements. The Right-of-way Management Ordinance references in
Section 6-14-14 that upon the expiration of all franchise agreements they shall be governed by
this Right-of-way Management Ordinance. Subsequent to conversations with the city's attorney,
it was determined that the appropriate approach to facilitate TNMP providing power and street
lighting to "the Plaza" is to enter into a license agreement with TNMP, not a franchise
agreement. The license agreement allows TNMP to construct pertinent facilities within city
right-of-way in accordance with the previously approved Right-of-way Management Ordinance
#2001-944.
TNMP submitted a typical franchise agreement to my office for review. Most items in that
proposed franchise agreement have been incorporated into this license agreement. The proposed
franchise agreement from TNMP had a length of term of 25 years. However, this license
agreement is in essence perpetual if compliance with the Right of way Management Ordinance
#2001-944 is maintained.
TNMP also stated in the proposed franchise agreement that payment to the City would be based
on 2% of revenue. Our current agreement with TXU and Co-Serv is based on 4% of gross
receipts. I have included 4% of gross receipts in this license agreement.
Staff recommends approval of the license agreement between Texas New Mexico Power
Company and the City of Coppell and will be available to answer any questions at the Council
meeting.
____________________________________
LICENSE AGREEMENT
Page 1
STATE OF TEXAS §
§LICENSE AGREEMENT
COUNTY OF DALLAS §
This Agreement (“AGREEMENT”) is made by and between the City of Coppell
(“CITY”), a home rule municipal corporation organized under the laws of the State of Texas, and
acting by and through its City Manager, its duly authorized agent, and the Texas New Mexico
Power Company (TNMP), a Texas Corporation (“LICENSEE”), acting by and through its
authorized representative.
W I T N E S S E T H :
WHEREAS, CITY owns the right-of-way depicted in Exhibit “A” attached hereto and
incorporated herein for all purposes; and
WHEREAS, LICENSEE requests the consent of the CITY, to construct, maintain and
operate pertinent facilities for purposes of providing electric and streetlight services
("FACILITIES”) within CITY right-of-way as shown in Exhibit “A” attached hereto and
incorporated herein for all purposes; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
right-of-way for LICENSEE’s FACILITIES;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1.Purpose. CITY hereby grants LICENSEE a license, pursuant to the terms of this
AGREEMENT, to construct, maintain and operate pertinent facilities (“PERMITTED
FACILITIES”) within CITY right-of-way as shown in Exhibit "A" attached hereto and
incorporated herein for all purposes; exact location and description as shown on the plans on file
within the City Engineer’s office, which is also incorporated herein.
2. Term. This agreement shall remain in force so long as the LICENSEE is in compliance
with the City of Coppell Right of way Management Ordinance #2001-944 or unless terminated in
accordance with Section 15.
3. Fee. (A.) In consideration for the rights and privileges agreed to under this
AGREEMENT, LICENSEE agrees to pay to the CITY each calendar quarter a sum (the “rate”)
equal to four (4) percent of the total gross receipts received from the retail sale of electric power
and energy by TNMP within the corporate limits of CITY.
____________________________________
LICENSE AGREEMENT
Page 2
4.Non-exclusive. This AGREEMENT is nonexclusive and is subject to any existing
utility, drainage or communications facility located in, on, under or upon the right-of-way or
property owned by CITY, any utility or communication company, public or private, to all vested
rights presently owned any utility or communication company, public or private for the use of
the CITY right-of-way for facilities presently located within the boundaries of the right-of-way
and to any existing lease, license, or other interest in the right-of-way granted by CITY to any
individual, corporation or other entity, public or private; further, the CITY reserves the right to
locate or use said right-of-way for any public purpose, including but not limited to traffic control
devices and other appropriate public purposes; in the event of any such use by the City which
would result in relocating the use granted herein, LICENSEE shall remove or relocate such use
at its sole expense.
5.Environmental Protection. LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the comprehensive environmental response, compensation and
liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976
(“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE
warrants that the permitted use of the property will not result in the disposal or other release of
any hazardous substance or solid waste on or to the property and that it will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto
the property or adjoining property by LICENSEE. The terms “hazardous substance” and
“release” shall have the meaning specified in CERCLA and the term “solid waste” and “disposal
(or dispose)” shall have the meaning specified in the RCRA; provided, however, that in the event
either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby,
such broader meaning shall apply subsequent to the effective date of such amendment; and
provided further, to the extent that the laws of the State of Texas establish a meaning for
hazardous substance, release, solid waste, or disposal which is broader than that specified in the
CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold
CITY harmless against all costs, environmental clean up to the property and surrounding CITY
property resulting from LICENSEE’s use of the property under this AGREEMENT.
6.Use of the public right-of-way.
(A) LICENSEE’s PERMITTED FACILITIES shall be constructed, maintained and
operated in such manner as will, consistent with reasonable necessity, least interfere with
other public uses of the right-of-way, and in accordance with plans and specifications
submitted to and approved by the Engineering Department of the CITY. No construction
shall commence until such plans and specifications have been approved and a permit has
been issued by the Engineering Department of the CITY.
(B) Except in cases of emergency, LICENSEE shall give at least forty-eight (48)
hours notice of its intent to excavate or disturb the surface of any right-of-way to the
Director of Public Works of the CITY. After such excavation or disturbance, the
LICENSEE shall, with due diligence and dispatch, place the right-of-way in a condition
acceptable to the CITY. LICENSEE shall notify CITY the next business day of any
emergency work undertaken.
____________________________________
LICENSE AGREEMENT
Page 3
(C) CITY reserves the right to make and enforce reasonable regulations concerning
the construction, maintenance and operation of LICENSEE’s PERMITTED FACILITIES
located along, across, over, or under the right-of-way and to reasonably designate where
the PERMITTED FACILITIES shall be placed.
7.Licensee Inspection.Licensee agrees to abide and conform to the requirements of the
City of Coppell Right of way Management Ordinance #2001-944, as amended and codified.
Licensee further agrees that all improvements shall be constructed, maintained and operated in
accordance with the City of Coppell Right of way Management Ordinance #2001-944.
8.Maintenance. The LICENSEE, or its assignee, agrees to maintain the PERMITTED
FACILITIES to the MINIMUM SPECIFICATIONS for the duration of this AGREEMENT. In
the event that the PERMITTED FACILITIES are not maintained to the MINIMUM
SPECIFICATIONS, CITY will notify LICENSEE in writing of such failure in sufficient detail
so as to apprise LICENSEE. LICENSEE shall have fourteen (14) days to bring the
PERMITTED FACILITIES into compliance with the MINIMUM SPECIFICATIONS.
However, if after fourteen (14) days the PERMITTED FACILITIES have not been brought up to
the MINIMUM SPECIFICATIONS, the CITY may maintain or cause to be maintained the
PERMITTED FACILITIES and assess all costs incurred to CITY for such maintenance against
LICENSEE.
9.Future City use. This AGREEMENT is made expressly subject and subordinate to the
right of CITY to use the property for any public purpose whatsoever. In the event that CITY
shall, at any time subsequent to the date of this AGREEMENT, at its sole discretion, determine
that the relocation or removal of the PERMITTED FACILITIES shall be necessary or
convenient for CITY’s use of the property, LICENSEE shall at its sole cost and expense make or
cause to be made such modifications or relocate said PERMITTED FACILITIES so as not to
interfere with the CITY’s or CITY’s assigns use of the property. A minimum of thirty (30) days
written notice for the exercise of the above action shall be given by CITY and LICENSEE shall
promptly commence to make the required changes and complete them as quickly as possible or
reimburse CITY for the cost of making such required changes.
10.Duration of License. This AGREEMENT shall terminate and be of no further force and
effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
FACILITIES or in the event LICENSEE shall remove the PERMITTED FACILITIES from the
property or upon expiration of this Agreement or upon termination in accordance with Section 15
of the agreement, whichever event first occurs.
11.Compliance with laws. LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
____________________________________
LICENSE AGREEMENT
Page 4
12.Indemnification. 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 regulation 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 fee, 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.
13.Action upon termination. At such time as this AGREEMENT may be terminated or
canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall either (i) remove
all PERMITTED FACILITIES and appurtenances owned by it, situated in, under or attached to
the CITY and shall restore such property to substantially the condition of the property prior to
LICENSEE’s encroachment at LICENSEE’s sole expense; or (ii) abandon all PERMITTED
FACILITIES and appurtenances in place.
14.Assignment. LICENSEE shall not assign or transfer its rights under this AGREEMENT
to any other person or entity without the prior written consent of CITY, which consent will not
be unreasonably withheld. Any assignment agreement shall be in writing and a duly executed
copy of same shall be filed with the City's City Engineer.
15.Termination. This AGREEMENT may be terminated in any of the following ways:
a. Written agreement of both parties;
b. Expiration of Agreement;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement, if LICENSEE has not cured any failure within thirty (30) days of
written notification by CITY of such failure.
____________________________________
LICENSE AGREEMENT
Page 5
16.Notice. When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the address
set forth below. Either party may designate from time to time another and different address for
receipt of notice by giving notice of such change or address.
TO THE CITY: WITH A COPY TO:
Jim Witt, City Manager Robert E. Hager, City Attorney
City of Coppell NICHOLS, JACKSON, DILLARD,
P.O. Box 478 HAGER & SMITH, LLP
255 Parkway Boulevard 1800 Lincoln Plaza
Coppell, Texas 75019 500 N. Akard
Dallas, Texas 75201
TO LICENSEE: WITH A COPY TO:
______________________ ________________
______________________ ________________
______________________ ________________
______________________ ________________
17.Attorney’s fees. Any signatory to this AGREEMENT, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing
party.
18.Governing law. This AGREEMENT is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
19.Binding effect. This AGREEMENT shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
20.Entire Agreement. This AGREEMENT embodies the entire agreement between the
parties and supersedes all prior agreements, understandings, if any, relating to the property and
the matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
____________________________________
LICENSE AGREEMENT
Page 6
21.Recitals. The recitals to this Agreement are incorporated herein by reference.
22.Legal construction. The provisions of this AGREEMENT are hereby declared
covenants running with the property and are fully binding on all successors, heirs, and assigns of
LICENSEE who acquires any right, title, or interest in or to the property or any part thereof.
Any person who acquires any right, title, or interest in or to the property, or any part hereof,
thereby agrees and covenants to abide by and fully perform the provisions of this AGREEMENT
with respect to the right, title or interest in such property.
EXECUTED this ______ day of _________________, 2005.
CITY OF COPPELL, TEXAS
By:
JIM WITT, CITY MANAGER
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
EXECUTED this ______ day of _________________, 2005.
TEXAS NEW MEXICO POWER COMPANY
By:
Name:
Title:
____________________________________
LICENSE AGREEMENT
Page 7
LICENSEE’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ___ day of _____________, 2005,
by ________________________, ___________ of the TEXAS NEW MEXICO POWER
COMPANY, on behalf of said district.
Notary Public, State of Texas
My Commission expires:
____________________________________
LICENSE AGREEMENT
Page 8
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
DATE: August 9, 2005
ITEM #: 16
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: August 9, 2005
ITEM #: 17
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: August 9, 2005
Department Submissions:
Item Nos. 8/C and 13 were placed on the Agenda for the above-
referenced City Council meeting by the Human Resources Department. I
have reviewed the Agenda Requests (and any backup if applicable) and
hereby submit these items to the City Council for consideration.
____________________
Human Resources Department
Item No. 14 was placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Fire Department
Item No. 15 was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Engineering Department
Item Nos. 8/E, 8/F, 8/G, 8/H, 10, 11 and 12 were placed on the
Agenda for the above-referenced City Council meeting by the Planning
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Planning Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
Acting City Manager