CP 2005-11-08
NOTICE OF CITY COUNCIL MEETING AND AGENDA
NOVEMBER 8, 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)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, November 8, 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., 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. Western Rim vs. City of Coppell
2. Drilling for Natural Gas Wells within the city limits.
3. 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. Discussion regarding sale of land East of Hammond, West of
Park and South of Bethel Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the Town Center Architectural Committee.
B. 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. Consider approval of a proclamation naming November 17, 2005 as
Great American Smokeout® Day in Coppell, and authorizing the Mayor to
sign.
8. Citizens' Appearances.
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ITEM # ITEM DESCRIPTION
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 25, 2005.
B. Consider approval of a right-of-way use agreement between the
City of Coppell and JDB Coppell Village Plaza to allow the Property
Owners Association to install and maintain a street lighting system in
the City of Coppell right-of-way on Plaza Boulevard; and authorizing
the City Manager to sign.
C. Consider approval of an Interlocal Cooperation Agreement with
Denton County to receive compensation in the amount of $5,799
for library services for fiscal year 05/06; and authorizing the Mayor to
sign.
D. Consider approval of an Ordinance for Case No. PD-186R7-LI, Duke-
Freeport, zoning change from PD-186R2-LI (Planned Development-
186 Revision 2-Light Industrial) to PD-186R7-LI (Planned
Development-186 Revision 7-Light Industrial), to amend the Planned
Development to attach a Detail Site Plan to allow the construction
of a 142,247-square-foot building on Lot 2R1, Block A, and a 93,345-
square-foot building on Lot 2R2, Block A, totaling 16.51 acres of
property located at the northwest corner of Freeport Parkway and
Bethel Road, and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. S-1229-LI, Kidz
Muze, zoning change from LI (Light Industrial) to S-1229-LI (Special
Use Permit-1229-Light Industrial), to allow the operation of an
approximate 22,000-square-foot indoor recreation/entertainment
center to be located at 989 W. Sandy Lake Road, and authorizing
the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1230-C, The
Dinner Station, zoning change from C (Commercial) to S-1230-C
(Special Use Permit-1230-Commercial), to allow the operation of an
approximate 1,960-square-foot food-assembly center to be located
at 757 S. MacArthur Road (Coppell Crossing), and authorizing the
Mayor to sign.
END OF CONSENT
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ITEM # ITEM DESCRIPTION
10. Consider and authorize City Manager to negotiate and execute a
purchase and sale agreement, and any necessary agreements and
instruments related thereto, for the transfer of Lot 1, Block 2 of the Historic
Coppell Properties Addition, approximately 1.615 acres of land, to the
Coppell Economic Development Foundation, acting as an independent
foundation, for the resale of such property to Historic Coppell Properties
Inc. for the construction of a medical office building.
11. Consider and authorize City Manager to negotiate and execute a
purchase and option agreement, and any necessary agreements and
instruments related thereto, for the transfer of Lot 2, Block 2 of the Historic
Coppell Properties Addition, approximately 1.641 acres of land, to the
Coppell Economic Development Foundation, acting as an independent
foundation, for the resale to Historic Coppell Properties Inc. for the
construction of a medical office building.
12. PUBLIC HEARING;
Consider approval of Case No. PD-103R2(CH), Lake Park Addition, a City-
initiated Public Hearing to consider amending PD-103 (Planned
Development-103) to consider for an increase in the maximum building
height from one- to two-and-a-half-stories (35 feet) on Lots 1-11, Block A,
of the Lake Park Addition located along the south side of Glen Lakes Drive
(623 to 663 Glen Lakes Drive).
13. PUBLIC HEARING:
Consider approval of Case No. PD-197R2-H, Old Coppell Townhomes,
zoning change request from PD-197R-H (Planned Development-197
Revised-Historic) to PD-197R2-H (Planned Development-197 Revision 2-
Historic) to attach Detail Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot
6, Block B), to allow the development of two single-family homes, each on
approximately 0.10 of an acre of property along Mobley Way.
14. PUBLIC HEARING:
Consider approval of the Wynnpage Plaza North, Lot 1R, Block B, Replat
and Lots 2 and 3, Block B, Final Plat, to allow the reconfiguration of a fire
lane and mutual access easement on Lot 1R, containing .68 of an acre of
property, the development of an approximate 16,000-square-foot two-
story building on Lot 2, containing 1.10 acres of property, and an
approximate 3,500-square-foot one-story office building on Lot 3,
containing 1.13 acres of property located along the west side of Denton
Tap Road, approximately 180 feet north of Wynnpage Drive.
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ITEM # ITEM DESCRIPTION
15. Consider approval of the Natches Trace Addition, Lot 1, Block C, (Town
Center Bank) Site Plan Revision, to allow the construction of a dumpster
enclosure to serve the existing 8,867-square-foot bank facility on 1.550
acres of property located along the east side of Denton Tap Road,
approximately 300-feet south of S.H. 121.
16. Consider approval of an Ordinance denying the request by Atmos Energy
Corporation to implement an annual gas reliability infrastructure program
rate increase for the second consecutive year, providing for notice hereof
to said company, and authorizing the Mayor to sign.
17. Consider approval of a Resolution of the City of Coppell, Texas, approving
the purchase of eleven (11) 2006 Chevrolet Tahoe PPV’s in the amount of
$297,256 as budgeted; and authorizing the City Manager to execute the
appropriate Purchase Agreement and/or Lease-Purchase Financing
Agreements.
18. Consider approval of a resolution casting a vote for the fourth member of
the Board of Directors of the Dallas Central Appraisal District, and
authorizing the Mayor to sign.
19. Consider approval of a an ordinance of the city of Coppell, Texas,
amending the code of ordinances by amending chapter 8, by adding
article 8-8, administrative adjudication of parking violations; providing for
establishing all municipal parking violations to be a civil offense; providing
for appointment of hearing officers, establishing powers, functions and
duties; providing for form of citation and service; providing for liability of
owner and operator; providing for answer and adjudication by mail;
providing for hearing for disposition and failure to appear; providing for
fines and enforcement; providing for impoundment and hearing;
providing for appeal procedures; providing a repealing clause; providing
a severability clause; providing a savings clause; and providing an
effective date; and authorizing the Mayor to sign.
20. Necessary action resulting from Work Session.
21. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding the 50th Anniversary Celebration.
C. Report by Mayor Stover regarding the Parks and Recreation
Halloween Party.
22. Necessary Action Resulting from Executive Session.
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ITEM # ITEM DESCRIPTION
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 4th day of October, 2005, at
__________________.
____________________________________
Libby Ball, City Secretary
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
2006
Economic Development
• Aggressively pursue development partnership on Lesley tract
• Analyze large tract development opportunities
• Continue “hot spot” focus
• Develop strategy for use/sale of city-owned property
• Study revenue enhancements
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Examine funding opportunities for IMF
• Study continued use of ½-cent sales tax for parks
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation facilities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Initiate review and revisions of Code of Ordinances
• Develop methods to enhance communication efforts
• Promote citizen involvement
• Examine our effectiveness at participating in state/federal legislative process
Sense of Community
• Develop and support community special events
• Develop and support activities for teens
• Embark on a “Coppell 2025” vision effort
• Continue to evaluate cemetery issue
• Evaluate services and programs for our senior adult community
• Continue to partner with taxing entities serving our community, particularly our ISD’s
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management and reduction of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Protect the sales tax base from Streamlined Sales Tax initiative
• Remain aware of external factors and developments that potentially impact the financial
condition of the city
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
• Access HOA common area maintenance expectations and obligations
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public education programs
• Continue traffic/speed control efforts
DATE: November 8, 2005
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.081, Texas Government Code – Consultation with City Attorney.
1. Western Rim vs. City of Coppell
2. Drilling for Natural Gas Wells within the city limits.
3. 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. Discussion regarding sale of land East of Hammond, West of Park and South of Bethel
Road.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: November 8, 2005
ITEM #:WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding the Town Center Architecture Committee.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
DEPT: City Manager
DATE: November 8, 2005
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming November 17, 2005 as GREAT AMERICAN
SMOKEOUT® DAY in Coppell, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Smokeout
PROCLAMATION
WHEREAS, the American Cancer Society’s Great American Smokeout® encourages
smokers to break the habit of smoking; and
WHEREAS, a growing number of children are experimenting with tobacco products that
can produce lifetime addiction with an increased risk of cancer; and
WHEREAS, more Americans die every year from tobacco-related diseases than from
AIDS, alcohol, car accidents, fires, illegal drugs, murders and suicides combined; and
WHEREAS, youth-related promotions, such as the Great American Smokeout®,
discourage youth to start smoking; and
WHERAS, the Great American Smokeout® urges smokers and smokeless tobacco users
to demonstrate to themselves and to the children in their lives that they can quit by participating
in the American Cancer Society’s Great American Smokeout®.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell and on behalf
of the Coppell City Council, do hereby proclaim November 17, 2005 as
GREAT AMERICAN SMOKEOUT® DAY
in Coppell, Texas.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to
be affixed this _____ day of November, 2005.
_________________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________
Libby Ball, City Secretary
DATE: November 8, 2005
ITEM #: 8
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: November 8, 2005
ITEM #: 9/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: October 25, 2005
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
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MINUTES OF OCTOBER 25, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 25, 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
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney David Dodd.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Report by Rick Moore on Community Wireless.
B. Discussion regarding the building programming and
funding level for the proposed Senior Center facility at
Grapevine Springs Park.
C. Discussion regarding Parking Ordinance.
D. Discussion regarding 2025 Strategic Planning Effort.
E. Discussion regarding nomination to Dallas Central
Appraisal District.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
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4. Invocation.
The Rev. Jennifer Scott of the First United Methodist Church led those present
in the Invocation.
5. Pledge of Allegiance.
Eagle Scout Nicholas Fernandez led those present in the Pledge of Allegiance.
At this time Council considered Item 19. See Item 19 for minutes.
6. Consider approval of a proclamation recognizing the City’s
early residents, and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to the families who were present.
Action:
Councilmember Tunnell moved to approve a Proclamation to recognize
the City’s early residents, and authorizing the Mayor to sign.
Councilmember Faught seconded the motion; the motion carried 7-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught, Suhy and York voting in favor of the motion.
7. Consider approval of a proclamation naming November Coppell
Education Foundation Month, and authorizing the Mayor to
sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to the Foundation members who were present.
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Action:
Councilmember Peters moved to approve naming November Coppell
Education Foundation Month, and authorizing the Mayor to sign. Mayor
Pro Tem Brancheau seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
8. Consider approval of a proclamation honoring Eagle Scout
Nicholas Morgan Fernandez, and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Nicholas Morgan Fernandez.
Action:
Councilmember Suhy moved to approve a proclamation honoring Eagle
Scout Nicholas Morgan Fernandez, and authorizing the Mayor to sign.
Mayor Pro Tem Brancheau seconded the motion; the motion carried 7-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught, Suhy and York voting in favor of the motion.
9. Consider approval of a proclamation honoring Municipal Courts
Week, and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to the Court personnel who were present.
The Mayor and the Hon. Marian Moseley recognized and distributed
certificates to the children who won the coloring contest.
Action:
Councilmember Hinojosa-Flores moved to approve a proclamation
honoring Municipal Courts Week, and authorizing the Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
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10. Annual State of the Court Address presented by the Honorable
Marian Moseley.
Presentation:
Judge Moseley declined to make her report and asked to recognize the
court Staff of the Coppell Municipal Court.
11. Citizens' Appearances.
A. Paul Milosevich, 509 Wales Court, addressed Council regarding his
term on the Planning & Zoning Commission and Rick McCaffrey.
CONSENT AGENDA
12. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 11, 2005.
B. Consider approval of canceling the second meetings in
November and December, being November 22, 2005 and
December 27, 2005.
C. Consider approval of a grant between the City of Coppell,
the Coppell Education Development Corporation, and the
Coppell Independent School District for foreign language
(ESOL) in the amount of $930,000.00, and authorizing
the City Manager to sign.
D. Consider approval of a grant between the City of Coppell,
the Coppell Education Development Corporation, and the
Coppell Independent School District for literacy in the
amount of $475,000.00, and authorizing the City
Manager to sign.
E. Consider approval of a grant between the City of Coppell,
the Coppell Education Development Corporation, and the
Coppell Independent School District for foreign language
(salaries) in the amount of $225,000.00, and authorizing
the City Manager to sign.
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F. Consider approval of a grant between the City of Coppell,
the Coppell Education Development Corporation, and the
Coppell Independent School District for foreign language
in the amount of $565,000.00, and authorizing the City
Manager to sign.
G. Consider approval of an ordinance abandoning a 538
square feet of right-of-way along the southeast side of Lot
52, Block D Shadow Ridge Estates Fourth Increment (466
Harris Street); and authorizing the Mayor to sign.
H. Consider approval of a Resolution accepting the proposal
for City Depository and Banking Services of Frost
National Bank; and designating Frost National Bank as
the City Depository; and adopting a Depository
Agreement, and authorizing the Mayor to sign.
I. Consider approval of signing an Interlocal Purchasing
Agreement between City of Coppell and Dallas County,
and authorizing the Mayor to sign.
J. Consider approval of awarding Bid No. Q-0905-01 for
Newspaper advertising to the Citizens’ Advocate for the
period October 2005 to October 2006, with the option to
extend the Contract for (4) four additional one year
periods as it deems to be in the best interest of the City,
and authorizing the City Manager to sign.
K. Consider approval of renewing the service agreement with
Motorola, Inc. for the maintenance of all city radios and
the communication network in the amount of
$50,757.60; and authorizing the City Manager to sign.
L. Consider approval of the vacation of the Vista Ridge, Lot
1, Block K, Minor Amending Plat, to allow the recordation
of the Villas at Lake Vista, Phase 1, Final Plat, in Denton
County, Texas.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B,
C, D, E, F, G carrying Ordinance No. 2005-1113, H carrying Resolution
No. 2005-1025.1, I, J, K and L. Councilmember York seconded the
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motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
13. Consider approval of awarding Bid/Contract # Q-0905-02 to
Craig Olden, Inc., for the construction of the Bethel Road I
Drainage Phase 'A' project, in an amount of $537,387.50, as
provided for in CIP funds; and authorizing the City Manager to
sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember York moved to approve awarding Bid/Contract
#Q-0905-02 to Craig Olden, Inc., for the construction of the Bethel Road
I Drainage Phase 'A' project, in an amount of $537,387.50, as provided
for in CIP funds; and authorizing the City Manager to sign.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
14. Consider approval of a resolution authorizing the closure of
Coppell Road North at West Sandy Lake Road for a specified
period during the summer of 2006 and authorizing the Mayor
to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember York moved to approve Resolution No. 2005-1025.2
authorizing the closure of Coppell Road North at West Sandy Lake Road
for a specified period during the summer of 2006 and authorizing the
Mayor to sign. Councilmember Faught seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
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Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the
motion.
15. Consider approval of a contract between Coppell Recreational
Development Corporation and Dean Construction to add the
extension of water, storm sewer, sanitary sewer, electrical
utilities, and a sidewalk for the proposed restroom, along with
a concrete slab for the shade shelter at Wagon Wheel Park in
the amount of $173,300.00, and authorizing the City Manager
and the President of the Coppell Recreation Development
Corporation to sign.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to the
Council.
Action:
Councilmember Faught moved to approve a contract between Coppell
Recreational Development Corporation and Dean Construction to add the
extension of water, storm sewer, sanitary sewer, electrical utilities, and a
sidewalk for the proposed restroom, along with a concrete slab for the
shade shelter at Wagon Wheel Park in the amount of $173,300.00, and
authorizing the City Manager and the President of the Coppell Recreation
Development Corporation to sign. Councilmember Suhy seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
16. Consider approval of a Resolution approving a letter of support
for the creation of a Foreign Trade Zone to be located at 306
Airline Drive in Coppell, Texas for World Factory, Inc., and
authorizing the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to the Council.
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Action:
Councilmember York moved to approve Resolution No. 2005-1025.3
approving a letter of support for the creation of a Foreign Trade Zone to
be located at 306 Airline Drive in Coppell, Texas for World Factory, Inc.,
and authorizing the Mayor to sign. Councilmember Hinojosa-Flores
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
17. Consider approval of a resolution nominating a candidate to
the Board of Directors of the Dallas Central Appraisal District,
and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Peters moved to approve Resolution 2005-1025.4
nominating Scott Wheeler to the Board of Directors of the Dallas Central
Appraisal District, and authorizing the Mayor to sign. Councilmember
York seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
18. Necessary action resulting from Work Session.
There was no action necessary under this item.
19. Mayor and Council Reports.
A. Report by Mayor Stover regarding 50th Birthday
Celebration.
B. Report by Mayor Stover regarding Halloween activities at
Aquatic Center.
C. Report by Mayor Stover regarding Coppell Middle School
North Cans for Kids.
A. Mayor Stover discussed the upcoming celebration of the 50th year
of the incorporation of the city.
CM102505
Page 9 of 11
B. Mayor Stover announced the Halloween party to be held at the
Aquatic Center on the 31st.
C. Mayor Stover advised that the students from Coppell Middle School
North were collecting canned goods to donate to the food bank and
the theme is “Trick or Treat so Kids can Eat.”
20. 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 Medical Services – Councilmember Hinojosa-
Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem
Brancheau.
J. North Texas Council of Governments - Councilmember
Tunnell.
K. NTCOG/Regional Emergency Management -
Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
N. Town Center/Architectural Committee - Councilmember
Hinojosa-Flores.
A. Councilmember Tunnell stated that LISD had been successful in
their appeal of their recommendations and the CFBISD Education
Foundation would have their annual fundraising breakfast on
Wednesday, November 2nd, at 7:15 a.m. at the Westin Galleria.
B. Councilmember Suhy reminded everyone of the school board
election in process. The CISD school ratings have been restored to
“Recognized” overall with Middle School East and North being
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elevated to “Recognized” and the High School being upgraded to
“Acceptable.”
C. Mayor Pro Tem Brancheau announced the Coppell Seniors
luncheon would be on Wednesday, October 26th.
D. Councilmember Peters noted that the Dallas High Five would
officially open almost a year ahead of schedule. On November 3rd
the Greater Dallas Chamber will sponsor a Transportation
Crossroad Conference at the Wyndham Anatole Hotel and
November 7th the North Texas Tollway Authority is hosting a public
hearing for elected officials and staffs in the Dallas County area.
E. Councilmember Suhy advised that Mr. Rohloff has been
reappointed as Chairman of the Economic Development Committee
and Mr. Roden would be Vice-Chairman.
F. There was nothing to report on this item.
G. There was nothing to report on this item.
H. There was nothing to report on this item.
I. Mayor Pro Tem Brancheau reported that the Metrocrest Social
Service Center had met for their board retreat and discussed
programs for the upcoming year.
J. Councilmember Tunnell advised that NTCOG had to move their
Development Excellence to November 17th at the Reese Jackson
Center in Grand Prairie and the deadline to register will be
November 15th.
K. There was nothing to report on this item.
L. There was nothing to report on this item.
M. Councilmember Faught reminded everyone that the Bookworm
Bash would be November 4th through the 6th which is a used book
sale at the Addison Pavilion, 4970 Addison Circle Drive. Also the
George Pudnicki Memorial Golf Tournament raised a net total of
$42,755.61 and the Mayor’s Cup at the tournament was won by
Coppell, the team being former Fire Chief Bob Kruse, Police Chief
Roy Osborne, former Councilmember Greg Garcia and Deputy City
Manager Clay Phillips.
CM102505
Page 11 of 11
N. There was nothing to report on this item.
WORK SESSION (Open to the Public)
Convene Work Session
D. Discussion regarding 2025 Strategic Planning Effort.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
, Mayor
ATTEST:
______________________________________
City Secretary
Douglas N. Stover
Libby Ball,
DEPT: Engineering
DATE: November 8, 2005
ITEM #: 9/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a right-of-way use agreement between the City of Coppell and JDB Coppell Village Plaza to
allow the Property Owners Association to install and maintain a street lighting system in the City of Coppell right-
of-way on Plaza Boulevard; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this agreement will allow the developer of "The Plaza" to install ornamental streetlights, with the
associated concrete foundations, conduit and electric conductor within the city's right-of-way. The Property
Owners Association will be responsible for the maintenance and electricity associated with the streetlights.
Staff recommends approval of the right-of-way use agreement and will be available to answer any questions at the
Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #Coppell Village Plaza Agmt
abandonment
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: November 8, 2005
REF:Consider approval of a right-of-way use agreement between the City of Coppell and
JDB Coppell Village Plaza to allow the Property Owners Association to install and
maintain a street lighting system in the City of Coppell right-of-way on Plaza
Boulevard; and authorizing the City Manager to sign.
The City of Coppell was recently contacted by the owner of the Vista Ridge (The Plaza)
subdivision. This property is located approximately 700 feet east of Denton Tap Rd., between
S.H. 121 to the south and Highland Dr. to the north. The developer has been in discussions with
Texas New Mexico Power Company to provide the electricity to the site, and has also been in
contact with my office concerning the type of street lighting to be utilized in the development.
After several meetings, Mr. Speanburg of JDB Coppell Village Plaza - Commercial, LP (JDB),
has requested that the development be allowed to install ornamental streetlights within the city's
right-of-way on Plaza Blvd. Generally, streetlights installed in the city's right-of-way are owned
by TXU, with the electricity paid by the City of Coppell. In this case, because they desire to use
ornamental streetlights, the development will be responsible for the maintenance of the lights.
Also, they will be responsible for the electricity associated with the streetlights.
Based on the information from the developer, they will be installing 21 ornamental streetlights,
with associated concrete foundations, conduit and electric conductor within the city's right-of-
way. They also will be metering the lights and paying the monthly electric bill associated with
the lights. All of this will be handled through a property owners association that will maintain
not only the streetlights but also the common areas within this development.
Because the city will not incur any cost in the streetlights and/or the future electrical use of the
lights, we offer no objections to the approval of a right-of-way use agreement to allow the
installation of the ornamental streetlights within city right-of-way.
Staff will be available to answer any questions at the Council meeting.
____________________________________
Right-of-way Use Agreement - Page 1
STATE OF TEXAS §
§ RIGHT OF WAY USE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT (“AGREEMENT”) is made by and between the City of Coppell,
Texas (“CITY”), acting by and through its authorized representatives, and JDB Coppell Village
Plaza - Commercial, LP (“LICENSEE”).
WITNESSETH:
WHEREAS, LICENSEE desires to install a streetlight system consisting of 21
ornamental streetlights along with concrete foundations, conduit and electric conductor within
the right of way of Plaza Boulevard (the “IMPROVEMENTS”),
WHEREAS, the right of way was dedicated to the CITY by Vista Ridge (The Plaza)
Lots 1BR-8X, Block D Replat of Lot 1B, Block D Vista Ridge Addition filed for record in
Dallas County on May 13, 2005 in Vol. 2005094, Pg. 0076 and in Denton County on May 13,
2005 in Vol. W, Pg. 272 and more particularly described in Exhibit “A”, attached hereto and
incorporated herein as if set forth in full (the “PROPERTY”); and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
right of way for the IMPROVEMENTS;
WHEREAS, LICENSEE desires to meter the IMPROVEMENTS and be responsible
for all electric usage and other costs associated with the IMPROVEMENTS;
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: The CITY hereby grants LICENSEE a revocable license for the purpose of
constructing and maintaining the IMPROVEMENTS (the “PERMITTED
IMPROVEMENTS”) within the right of way of the CITY.
2. Term: The term of this License shall be perpetual, subject, however, to termination by
the CITY as provided herein.
3. Non-Exclusive: This License is nonexclusive and is subject to the following: a) to any
existing utility, drainage or communications facilities located in, on, under or upon the
PROPERTY; b) to all vested rights presently owned by any utility or communication company,
public or private, for the use of the PROPERTY for facilities presently located within the
PROPERTY; and c) to any existing lease, license, or other interest in the PROPERTY granted
by the CITY to any individual, corporation or other entity, public or private.
____________________________________
Right-of-way Use Agreement - Page 2
4. 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 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
LICENSEE 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 waste” 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, at 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 the CITY harmless against all costs, environmental clean up of the
PROPERTY resulting from LICENSEE’S use of the PROPERTY under this License in
violation of this AGREEMENT, as proven in a court of competent jurisdiction.
5. Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials
used in, on or about the PROPERTY, and will not permit or suffer any mechanic’s or material
man’s liens of any nature to be affixed against the PROPERTY by reason of any work done or
materials furnished to the PROPERTY at LICENSEE’S instance or request.
6. Future CITY use: This License is made expressly subject and subordinate to the right of
the CITY to use the PROPERTY for any public purpose whatsoever. In the event that the
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 IMPROVEMENTS 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 the PERMITTED
IMPROVEMENTS 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 the CITY to LICENSEE, and LICENSEE shall promptly commence to make
the required changes and complete them as quickly as possible, or reimburse the CITY for the
reasonable cost of making such required changes.
7. Duration of License: This License shall terminate and be of no further force and effect
in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
IMPROVEMENTS, or in the event LICENSEE shall remove the PERMITTED
IMPROVEMENTS from the PROPERTY, or upon termination by the CITY in accordance
with this AGREEMENT, whichever event first occurs; or, in the event that the CITY abandons
the PROPERTY, then this AGREEMENT shall be of no further effect.
____________________________________
Right-of-way Use Agreement - Page 3
8. 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
LICENSEE.
9. Indemnification: LICENSEE shall defend, protect and keep the 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
LICENSEE, whether occasioned by the neglect of Licensee, agents, contractors or assigns, or
those invitees of LICENSEE. LICENSEE shall at all times defend, protect and indemnify, and
it is the intention of the parties hereto that LICENSEE hold the 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 the use of the PROPERTY by LICENSEE, its agents and
invitees, except when caused by the willful misconduct or negligence of the CITY, its officers,
employees or agents, and only then to the extent or the proportion of any default or conduct
determined against the CITY for its willful misconduct or negligence. LICENSEE shall at all
times defend, protect, indemnify and hold the 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.
10. Action upon termination: At such time as this License may be terminated or canceled
for any reason whatsoever, LICENSEE, upon request by the CITY, shall remove all
PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or
attached to the PROPERTY, and shall restore such PROPERTY to substantially the condition
of the PROPERTY prior to LICENSEE’S encroachment at LICENSEE’S sole expense.
11. Termination: This AGREEMENT may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By the CITY giving LICENSEE thirty (30) days prior written notice;
c. By the CITY upon failure of LICENSEE to perform its obligations as set forth in
this AGREEMENT, after thirty (30) days prior written notice to LICENSEE and
opportunity to cure;
d. By the CITY abandoning any interest in the PROPERTY.
12. Notice: When notice is permitted or required by this AGREEMENT, it shall be in
writing and shall be deemed delivered in person or when placed, postage prepaid in the United
State mail, certified return receipt requested, and addressed to the parties at the address set forth
opposite their signature. Either party may designate from time to time another and different
address for receipt of notice by giving notice of such change of address to the other party.
13. Attorney’s Fees: Any party to this AGREEMENT, who is the prevailing party in any
legal proceeding against any other party 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.
____________________________________
Right-of-way Use Agreement - Page 4
14. 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.
15. 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.
16. 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.
17. Recitals: The recitals to this AGREEMENT are incorporated herein by reference.
18. 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 acquire 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 said right, title or interest in the PROPERTY.
19. Successor Owner Obligations: Notwithstanding the above, if and when LICENSEE
assigns all of its right, title or interest in the PROPERTY to a successor owner (“SUCCESSOR
OWNER”), LICENSEE will only have obligations hereunder to the CITY relating only to the
period of time during which LICENSEE held fee simple title to the PROPERTY, according to
the Dallas County real property records. Similarly, each SUCCESSOR OWNER of the
PROPERTY will only be responsible for its obligations hereunder to the CITY relating only to
the period of time during which the SUCCESSOR OWNER held fee simple title to the
PROPERTY, according to the Dallas County real property records.
____________________________________
Right-of-way Use Agreement - Page 5
EXECUTED this _______ day of ____________, 2005.
CITY OF COPPELL, TEXAS
By: ________________________________
Jim Witt, City Manager
ATTEST:
By: ________________________________
Libby Ball, City Secretary
JDB Coppell Village Plaza - Commercial, LP
By: JDB Coppell Village Plaza - Commercial, LP, a
Texas Limited Partnership
By: JDB Coppell Commercial GP, LLC, a Texas
Limited Liability Company, General Partner
By: ________________________________
John Speanburg
____________________________________
Right-of-way Use Agreement - Page 6
LICENSEE’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this day personally appeared , known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was
the act of the said, and that he executed the same as the act of said for the purpose and consideration
therein expressed and in the capacity therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _________ day of
_________________, 2005.
___________________________________
Notary Public, State of Texas
____________________________________
Right-of-way Use Agreement - Page 7
CITY ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on
this day personally appeared Jim Witt being the City Manager of the City of Coppell, Texas,
known to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of Coppell, Texas, and that he
executed the same as the act of said City of Coppell, Texas for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _________ day of
_________________, 2005.
___________________________________
Notary Public, State of Texas
DEPT: Library
DATE: November 8, 2005
ITEM #: 9/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Interlocal Cooperation Agreement with Denton County to receive
compensation in the amount of $5,799 for library services for fiscal year 05/06; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: +Interlocal-1AR Consent
Memorandum
To: Mayor and City Council
From: Kathleen P. Metz Edwards, Library Director
Date: November 8, 2005
Subject: Denton County Library Advisory Board Interlocal Agreement
The is the fourth year the City of Coppell was invited to join the fifteen other
Denton County Libraries in the Denton County Library Advisory Board. The City
accepted and completed the "Minimum Criteria and Request for Funding"
application. Applications were sent to the Denton County Commissioners Court
for review. The Court approved a base grant of $5,000 plus $.805 per Denton
County capita. The Court used the Council of Government figures plus a division
of population not served by a library to determine the per capita amount. The
Library will receive a total of $5799. The Court requires the City to sign the
attached Interlocal Cooperation Agreement For Library Services. After receiving
the signed agreement, it will be returned to the Commissioners Court for action.
The Court requires a copy of the library's Texas State Library and Archives
Commission's Annual report, which is submitted to the State each year in support
of the Texas Library Systems Act, which governs the library's Northeast Texas
Library System membership. The City's maintenance of effort contribution to the
library is its approved FY 05/06 budget. No additional funding is required.
As a condition of accepting the funding, the City agrees to provide library service
to any resident of Denton County. We have already agreed to provide service to
any resident of Texas as a condition for receiving the maximum under the State's
Loan Star Libraries Grant. Coppell citizens gain reciprocal access to all Denton
County libraries.
By accepting the funding, the library commits to attend 10 meeting per year and to
complete the annual application. For this we will receive $5799 to be used at the
discretion of the library.
LIBRARY AGREEMENT 05-06 1
STATE OF TEXAS, )
)
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into by and between
Denton County, a political subdivision of Texas, hereinafter
referred to as "COUNTY," and the City of Coppell, a municipality
of Denton County, Texas, hereinafter referred to as
"MUNICIPALITY."
WHEREAS, COUNTY is a duly organized political subdivision of
the State of Texas engaged in the administration of county
government and related services for the benefit of the citizens
of Denton County; and
WHEREAS, the City of Coppell is a duly organized
MUNICIPALITY of Denton County, Texas engaged in the provision of
library service and related services for the benefit of the
citizens of MUNICIPALITY; and
WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to
provide library services for all residents of COUNTY; and
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be
subject to the provisions of V.T.C.A., Government Code Chapter
791, the Interlocal Cooperation Act; and V.T.C.A., Local
Government Code Chapter 323, County Libraries.
NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual
consideration hereinafter stated, agree and understand as
follows:
LIBRARY AGREEMENT 05-06 2
I.
The term of this Agreement shall be for the period from
October 1, 2005 through September 30, 2006.
II.
For the purposes and consideration herein stated and
contemplated, MUNICIPALITY shall provide library services for the
residents of COUNTY without regard to race, religion, color, age,
disability and/or national origin. Upon proper proof by
individual(s) of residence in COUNTY, Texas, such individual(s)
shall be entitled to be issued, at no cost, a library card to be
used in connection with said library services.
MUNICIPALITY shall develop and maintain through the Library
one or more of the following programs of service:
Educational and reading incentive programs and
materials for youth.
Functional literacy materials and/or tutoring programs
for adults.
Job training/career development programs and/or
materials for all ages.
Outreach services to eliminate barriers to library
services.
Educational programs designed to enhance quality of
life for adults.
III.
COUNTY designates the County Judge to act on behalf of
COUNTY and serve as liaison officer for COUNTY with and between
COUNTY and MUNICIPALITY. The County Judge or his designated
substitute shall insure the performance of all duties and
obligations of COUNTY herein stated and shall devote sufficient
time and attention to the execution of said duties on behalf of
LIBRARY AGREEMENT 05-06 3
COUNTY in full compliance with the terms and conditions of this
agreement. The County Judge shall provide immediate and direct
supervision of COUNTY's employees, agents, contractors, sub-
contractors, and/or laborers, if any, in the furtherance of the
purposes, terms and conditions of this Agreement for the mutual
benefit of COUNTY and MUNICIPALITY.
IV.
MUNICIPALITY shall designate Kathleen P. Metz Edwards to act
on behalf of MUNICIPALITY and to serve as liaison officer of
MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure
the performance of all duties and obligations of MUNICIPALITY as
herein stated and shall devote sufficient time and attention to
the execution of said duties on behalf of MUNICIPALITY in full
compliance with the terms and conditions of this Agreement. Ms.
Edwards shall provide management of MUNICIPALITY's employees,
agents, contractors, sub-contractors, and/or laborers, if any, in
the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of MUNICIPALITY and COUNTY.
MUNICIPALITY shall provide to COUNTY a copy of the annual
report submitted to the Texas State Library and shall respond to
COUNTY's annual questionnaire as documentation of expenditures
and provision of service.
LIBRARY AGREEMENT 05-06 4
V.
The MUNICIPALITY shall be solely responsible for all
techniques, sequences, procedures, and for the coordination of
all work performed under the terms and conditions of this
agreement; shall insure, dedicate and devote the full time and
attention of those employees necessary for the proper execution
and completion of the duties and obligations of the MUNICIPALITY
stated in this Agreement; and shall give all attention necessary
for such proper supervision and direction.
VI.
The MUNICIPALITY agrees that its library department shall
assume the functions of a COUNTY library and agrees to provide a
librarian who holds or secures a County Librarian's certificate
from the Texas State Library and Archives Commission pursuant to
Local Government Code, Section 323.011(b).
VII.
COUNTY shall have full responsibility for the acts, and
negligence of all COUNTY's employees, agents, sub-contractors,
and/or contract laborers, performing work under this Agreement.
VIII.
MUNICIPALITY shall have responsibility for the acts and,
negligence, of all the MUNICIPALITY's employees, agents, sub-
contracts, and/or contract laborers performing work under this
Agreement.
IX.
This Agreement is not intended to extend the liability of
the parties beyond that provided by law. Neither MUNICIPALITY
LIBRARY AGREEMENT 05-06 5
nor COUNTY waives any immunity or defense that would otherwise be
available to it against claims by third parties.
X.
MUNICIPALITY understands and agrees that the MUNICIPALITY,
its employees, servants, agents and representatives shall at no
time represent themselves to be employees, servants, agents
and/or representatives of COUNTY.
XI.
COUNTY understands and agrees that COUNTY, its employees,
servants, agents and representatives shall at no time represent
themselves to be employees, servants, agents, and/or
representatives of MUNICIPALITY.
XII.
Any notice required by this Agreement shall be delivered in
writing by either County or Municipality to the following
addresses.
The address of County is:
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-349-2820
The address of Municipality is:
William T. Cozby Public Library
177 N. Heartz
Coppell, Texas 75019
Attention:Kathleen P. Metz Edwards
Telephone: 972-304-3655
XIII.
For the full performance of the services above stated,
COUNTY agrees to pay MUNICIPALITY fees as described herein.
COUNTY shall pay MUNICIPALITY fees in the amount of $.805 per
LIBRARY AGREEMENT 05-06 6
capita, for a total of $799.00, based upon North Central Texas
Council of Governments population figures provided to COUNTY by
the Library Advisory Board, payable in equal quarterly
installments to MUNICIPALITY commencing October 1, 2005. In
addition, COUNTY agrees to pay MUNICIPALITY an amount not to
exceed $5,000.00 in matching funds upon the following conditions:
1) MUNICIPALITY shall attempt to secure funding from sources
other than COUNTY.
2) Upon receipt of additional funding, MUNICIPALITY shall
provide proof of the receipt of such funds to the Denton
County Auditor on a quarterly basis.
3) COUNTY shall match MUNICIPALITY's additional funding in
an amount not to exceed $5,000.00.
4) Payment by COUNTY to MUNICIPALITY shall be made in
accordance with the normal and customary processes and
business procedures of COUNTY, and payment shall be
satisfied from current revenues of the COUNTY.
All funding by COUNTY to MUNICIPALITY is subject to the
condition that MUNICIPALITY will have in place technology
protection measures (commonly referred to as “filters”) with
respect to any computers used by the public that have Internet
access which are designed to block access through such computers
to visual depictions that are (1) obscene, as defined by Section
43.21 of the Texas Penal Code, or (2) contain pornography. The
technology protection measures shall be in compliance with the
LIBRARY AGREEMENT 05-06 7
Children’s Internet Protection Act. Libraries which do not have
technology protection measures in place as of October 1, 2005,
may receive funding for fiscal year 2006 but only upon agreement
to have such measures installed and operational prior to October
1, 2006.
MUNICIPALITY hereby certifies that its libraries have
either installed and are using the required technology
protection measures during use of its computers that have
Internet access by the public at the present time or will have
such protection measures in place and operational by October 1,
2006.
XIV.
This agreement may be terminated at any time, by either
party giving sixty (60) days advance written notice to the other
party. In the event of such termination by either party,
MUNICIPALITY shall be compensated pro rata for all services
performed to termination date, together with reimbursable
expenses then due and as authorized by this agreement. In the
event of such termination, should MUNICIPALITY be overcompensated
on a pro rata basis for all services performed to termination
date or be overcompensated for reimbursable expenses as
authorized by this agreement, COUNTY shall be reimbursed pro rata
for all such overcompensation. Acceptance of such reimbursement
shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XV.
LIBRARY AGREEMENT 05-06 8
This Agreement represents the entire and integrated
agreement between MUNICIPALITY and COUNTY and supersedes all
prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written
instrument signed by both MUNICIPALITY and COUNTY.
XVI.
The validity of this Agreement and any of its terms or
provisions, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas.
Further, this Agreement shall be performable and all compensation
payable in Denton County, Texas.
XVII.
In the event that any portion of this Agreement shall be
found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XVIII.
The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary
authority to execute this Agreement on behalf of the parties
hereto and each party hereby certifies to the other that any
necessary orders or resolutions extending said authority have
been duly passed and are now in full force and effect.
Executed in duplicate originals in Denton County, Texas by
the authorized representatives.
COUNTY MUNICIPALITY
LIBRARY AGREEMENT 05-06 9
By ________________________ By:
Mary Horn Name: Doug Stover
County Judge Title: Mayor
Acting on behalf of and by the
authority of the Commissioners City Council Meeting
Court of Denton County, Texas Dated
ATTEST: ATTEST:
By By
Denton County Clerk City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
Assistant District Attorney City Attorney
APPROVED AS TO CONTENT:
Director, Library Services
AUDITOR’S CERTIFICATE
I hereby certify that funds are available in the amount of $
to accomplish and pay the obligation of Denton
County under this contract.
James Wells, Denton County Auditor
DEPT: Planning
DATE: November 8, 2005
ITEM #: 9/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-186R7-LI, Duke-Freeport, zoning change from PD-186R2-LI
(Planned Development-186 Revision 2-Light Industrial) to PD-186R7-LI (Planned Development-186 Revision 7-
Light Industrial), to amend the Planned Development to attach a Detail Site Plan to allow the construction of a
142,247-square-foot building on Lot 2R1, Block A, and a 93,345-square-foot building on Lot 2R2, Block A,
totaling 16.51 acres of property located at the northwest corner of Freeport Parkway and Bethel Road, and
authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On August 18, 2005, the Planning Commission unanimously approved this zoning change (6-0).
On September 13, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @PD-186R7-LI ORD 1-AR (Con)
1 77967
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-186R2-LI (PLANNED
DEVELOPMENT-186 REVISION 2-LIGHT INDUSTRIAL) TO PD-186R7-
LI (PLANNED DEVELOPMENT-186 REVISION 7-LIGHT
INDUSTRIAL), TO AMEND THE PLANNED DEVELOPMENT TO
ATTACH A DETAIL SITE PLAN TO ALLOW THE CONSTRUCTION
OF A 142,247-SQUARE-FOOT BUILDING ON LOT 2R1, BLOCK A, AND
A 93,345-SQUARE-FOOT BUILDING ON LOT 2R2, BLOCK A,
TOTALING 16.51 ACRES OF PROPERTY LOCATED AT THE
NORTHWEST CORNER OF FREEPORT PARKWAY AND BETHEL
ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
“A” ATTACHED HERETO; PROVIDING FOR DEVELOPMENT
CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN,
EXISTING TREE PLAN, LANDSCAPE PLAN AND ELEVATIONS,
ATTACHED HERETO AS EXHIBITS “B”, "C", “D”, AND “E”,
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-186R7-
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:
2 77967
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-186R2-LI (Planned
Development-186 Revision 2-Light Industrial) to PD-186R7-LI (Planned Development-186
Revision 7-Light Industrial), to amend the Planned Development to attach a Detail Site Plan to
allow the construction of a 142,247-square-foot building on Lot 2R1, Block A, and a 93,345-
square-foot building on Lot 2R2, Block A, totaling 16.51 acres of property located at the
northwest corner of Freeport Parkway and Bethel 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 only in accordance with the
following development conditions set forth:
A. That all construction and development within the PD-186R7-LI shall be in
conformance with the attached Exhibits B through E.
B. The use and development of this property shall be in accordance with Ordnance No.
91500-A-307, except as herein amended.
C. Minimum of nine feet of landscaping (7’ plus 2’ for parking space overhang) shall
be provided between the buildings and the parking lot to fulfill the perimeter
landscape requirement parallel to the mutual lot lines of these two lots.
3 77967
SECTION 3.That the Site Plan, Existing Tree Plan, Landscape Plan and Elevations
attached hereto as Exhibits “B”, “C”, “D”, and "E", respectively, and made a part hereof for all
purposes, are hereby, approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8.That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
4 77967
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 10/26/05)
01020304050607080910111213140102030405060708091011121314BCADEBCADESOUTH ELEVATIONNORTH ELEVATIONWEST ELEVATIONEAST ELEVATIONFREEPORT BUSINESS PARKFREEPORT XIV09.30.05NOT TO SCALESECTION @ ENTRY CANOPYENLARGED ENTRY MAIN ENTRYSECT. @ CANOPYPAINTED CORNICE(TYP. @ ALL ENTRIES)CLERESTORY WINDOWSCLERESTORY WINDOWSACCENT FIELD PAINTFIELD PAINTACCENT PAINT8'-2"5'-0"8'-11 3/4"5'-0"7'-10 5/8"10 1/4"ALUMINUM CLADCANOPYPAINTED CORNICECLERESTORY WINDOWSENLARGED ELEV.ENLARGED ELEV.ENLARGED ELEV.ENLARGED ELEV.FUTURE GLAZING LOCATIONSPER TENANT REQUIREMENTS(TYP. SHOWN DASHED)FUTURE GLAZING LOCATIONSPER TENANT REQUIREMENTS(TYP. SHOWN DASHED)ALUMINUM CLAD CANOPYCLERESTORY WINDOWSPAINTED CORNICE(TYP. @ ALL ENTRIES)6'-0"ACCENT: BAGEL (SW2804)FIELD ACCENT: EGRET WHITE (SW2004)FIELD COLOR: STUCCO GREIGE (SW2003)
BCADEBCADE0102030405060708091001020304050607080910FREEPORT BUSINESS PARKFREEPORT XV09.30.05SOUTH ELEVATIONNORTH ELEVATIONWEST ELEVATIONEAST ELEVATIONNOT TO SCALESECTION @ ENTRY CANOPYENLARGED ENTRYEAST SCREEN WALLENLARGED ELEV.ENLARGED ELEV.O.H.ENLARGED ELEV.SIM.ENLARGED ELEV.SIM.SECT. @ CANOPY8'-2"4'-11 3/4"432'-0"5'-0"7'-10 1/4"10 1/4"ALUMINUM CLADCANOPYPAINTED CORNICEFUTURE GLAZING LOCATIONSPER TENANT REQUIREMENTS(TYP. SHOWN DASHED)FUTURE GLAZING LOCATIONSPER TENANT REQUIREMENTS(TYP. SHOWN DASHED)PAINTED CORNICE(TYP. @ ALL ENTRIES)ALUMINUM CLAD CANOPYCLERESTORY WINDOWSCLERESTORY WINDOWSCLERESTORY WINDOWSPAINTED CORNICE(TYP. @ ALL ENTRIES)CLERESTORY WINDOWSSCREEN WALL ON EAST SIDE OF BLDG.ACCENT FIELD PAINTFIELD PAINTACCENT PAINT6'-0"ACCENT: BAGEL (SW2804)FIELD ACCENT: EGRET WHITE (SW2004)FIELD COLOR: STUCCO GREIGE (SW2003)
DEPT: Planning
DATE: November 8, 2005
ITEM #: 9/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1229-LI, Kidz Muze, zoning change from LI (Light Industrial)
to S-1229-LI (Special Use Permit-1229-Light Industrial), to allow the operation of an approximate 22,000-square-
foot indoor recreation/entertainment center to be located at 989 W. Sandy Lake Road, and authorizing the Mayor
to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On September 15, 2005, the Planning Commission unanimously approved this zoning change (6-0).
On October 11, 2005, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @S-1229-LI ORD 1-AR (Con)
1 78952
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-1229-LI
(SPECIAL USE PERMIT-1229-LIGHT INDUSTRIAL), TO ALLOW THE
OPERATION OF AN APPROXIMATE 22,000-SQUARE-FOOT INDOOR
RECREATION/ENTERTAINMENT CENTER TO BE LOCATED AT 989 W.
SANDY LAKE ROAD, AND BEING MORE PARTICULARLY DESCRIBED
IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN/FLOOR PLAN/
ELEVATIONS, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”
AND, “C”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1229-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-1229-LI
(Special Use Permit-1229-Light Industrial), to allow the operation of an approximate 22,000-
square-foot indoor recreation/entertainment center to be located at 989 W. Sandy Lake Road and
2 78952
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 an indoor recreation/entertainment facility is
hereby approved subject to the following special conditions:
A) The property shall be developed in accordance with the Site Plan, Floor Plan and Sign
Plan.
B) Parking shall be provided as follows:
1. forty-six (46) spaces will be exclusively provided for use by permittee;
2. Monday through Friday, after 4:00 p.m., an additional twenty-two (22) spaces shall
be provided; and
3. Friday after 4:00 p.m. and all day on Saturday and Sunday, an additional thirty-two
(32) spaces shall be provided bringing the total number of parking spaces available
for these days to one hundred (100).
C) The facility shall be open to the public between the hours 9:30 a.m. to 9:30 p.m., Sunday
through Saturday. Notwithstanding the foregoing, the facility may remain open beyond
these stated hours during for an occasional private party or similar special events.
D) The parking areas serving this facility shall be lighted during nighttime hours of
operation as provided in subsection C.
SECTION 3.That the Site Plan/Floor Plan/Elevations, and Sign Plan, attached hereto as
Exhibits “B”, and “C”, respectively, and made a part hereof for all purposes, are hereby approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
3 78952
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
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.
4 78952
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 [revised only] 10/26/05)
Kidz Muze Special Use Permit Signage Addendum / City of Coppell Page 2
22’-0”Play Learn Party5’-3”Front and Side Elevat ionsProposed Tenant Signage AreaTot a l sign area = 115.5 sq. FtLogo area = 11.6 sq. ft .Logo = 10% of t he area of t he signTo t ake full advant age of t he current visibilit y of t he building fromnort h and sout h bound SH-121, Kidz Muze is request ing permissiont o inst all signage on t he west side of t he building (facing Royal Lane)in addit ion t o t he front signage.
Kidz Muze Special Use Permit Signage Addendum / City of Coppell Page 3
9’-0”Party Place2’-10”Front Elevat ionProposed Tenant Signage AreaTotal sign area = 25.5 sq. FtLogo area = 7.3 sq. ft .Logo = 28% of t he area of t he sign9’-0”Kafe Muze`2’-10”Front Elevat ionProposed Tenant Signage AreaTotal sign area = 25.5 sq. FtLogo area = 7.3 sq. ft .Logo = 28% of t he area of t he sign9’-2”Salon for Kidz2’-10”Front Elevat ionProposed Tenant Signage AreaTotal sign area = 26.0 sq. FtLogo area = 7.3 sq. ft .Logo = 28% of t he area of t he sign
DEPT: Planning
DATE: November 8, 2005
ITEM #: 9/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1230-C, The Dinner Station, zoning change from C
(Commercial) to S-1230-C (Special Use Permit-1230-Commercial), to allow the operation of an approximate
1,960-square-foot food-assembly center to be located at 757 S. MacArthur Road (Coppell Crossing), and
authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On September 15, 2005, the Planning Commission unanimously approved this zoning change (6-0).
On October 11, 2005, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @S-1230-C ORD 1-AR (Con)
1 78951
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM C (COMMERCIAL) TO S-1230-C (SPECIAL
USE PERMIT-1230-COMMERCIAL), TO ALLOW THE OPERATION OF
AN APPROXIMATE 1,960-SQUARE-FOOT FOOD-ASSEMBLY CENTER
TO BE LOCATED AT 757 S. MACARTHUR ROAD (COPPELL CROSSING),
AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN/PARKING ANALYSIS, FLOOR
PLAN, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS “B”, “C”,
AND "D", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1230-C should be approved, and in the
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from C (Commercial) to S-1230-C (Special
Use Permit-1230-Commercial), to allow the operation of an approximate 1,960-square-foot food-
assembly center to be located at 757 S. MacArthur Road (Coppell Crossing) and being more
particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to
special conditions.
2 78951
SECTION 2.That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
A) The property shall be developed in accordance with the Site Plan/Parking Analysis,
Floor Plan and Sign Plan.
B) The retail hours of operation shall be between the hours of 10 a.m. to 10 p.m., Monday
through Saturday.
SECTION 3.That the Site Plan/Parking Analysis, Floor Plan, and Sign Plan, attached hereto
as Exhibits “B”, “C”, and "D", respectively, and made a part hereof for all purposes, are hereby
approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
3 78951
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:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 10/26/05)
1414133287526257Existing Parking Spaces = 151THE DINNER STATIONSuite 147
DEPT: City Manager's Office
DATE: November 8, 2005
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION:
Consider and authorize City Manager to negotiate and execute a purchase and sale agreement, and any necessary
agreements and instruments related thereto, for the transfer of Lot 1, Block 2 of the Historic Coppell Properties
Addition, approximately 1.615 acres of land, to the Coppell Economic Development Foundation, acting as an
independent foundation, for the resale of such property to Historic Coppell Properties Inc. for the construction of a
medical office building.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Historic Coppell Properties Land
Sale Lot 1 - 1 AR
BETHEL MITCHELLBENSONHEARTHSTONE LN
HUNTERWOOD CTPARK STLot 1
1.6 acres 1.6 acres
HEL RD
COPPELL RDLot 2
BETHEL ROAD
200 0 200 400 Feet
N
EW
S Historic Coppell Properties
DEPT: City Manager's Office
DATE: November 8, 2005
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
Consider and authorize City Manager to negotiate and execute a purchase and option agreement, and any necessary
agreements and instruments related thereto, for the transfer of Lot 2, Block 2 of the Historic Coppell Properties
Addition, approximately 1.641 acres of land, to the Coppell Economic Development Foundation, acting as an
independent foundation, for the resale to Historic Coppell Properties Inc. for the construction of a medical office
building.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Historic Coppell Properties Option
Agreement Lot 2 - 1AR
BETHEL MITCHELLBENSONHEARTHSTONE LN
HUNTERWOOD CTPARK STLot 1
1.6 acres 1.6 acres
HEL RD
COPPELL RDLot 2
BETHEL ROAD
200 0 200 400 Feet
N
EW
S Historic Coppell Properties
DEPT: Planning
DATE: November 8, 2005
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-103R2(CH), Lake Park Addition, a City-initiated Public Hearing to consider
amending PD-103 (Planned Development-103) to consider for an increase in the maximum building height from
one- to two-and-a-half-stories (35 feet) on Lots 1-11, Block A, of the Lake Park Addition located along the south
side of Glen Lakes Drive (623 to 663 Glen Lakes Drive).
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: October 20, 2005
Decision of P&Z Commission: Denial (4-3) with Commissioners Borchgardt, Foreman, Haas and Reese
voting for denial. Commissioners Hall, McCaffrey and Kittrell opposed.
It is staff’s understanding that the initiator of the petition wishes to have this case heard by Council on December
13, 2005.
Staff recommends approval, subject to the following conditions:
1) There is support from the homeowners on Phillips Drive.
2) Second-story additions shall be designed in such a manner that there is no visibility (from
windows/balconies) into the homes/yards of the homes abutting Phillips Drive or those next door.
A ¾ vote of Council (6 out of 7) is necessary to overturn the Planning Commission’s vote of denial.
Agenda Request Form - Revised 09/04 Document Name: @1PD103R2(CH) LP 1-AR
Item # 6
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-103R2(CH), Lake Park Addition
P & Z HEARING DATE: October 20, 2005
C.C. HEARING DATE: November 8, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Along the south side of Glen Lakes Drive (623 to 663 Glen Lakes
Drive)
SIZE OF AREA: 11 single-family lots.
CURRENT ZONING: PD-103 (Planned Development-103), Lake Park Addition
REQUEST: City-initiated Public Hearing to consider an increase in the
maximum building height from one- to two-and-a-half-stories (35
feet) on Lots 1-11, Block A (623 to 663 Glen Lakes Drive).
HISTORY: PD 103 was established in 1987 for single family homes. Due to
opposition from the residents on Phillips, a one-story height
restriction was placed on these 11 lots by City Council. The Final
Plat for the Lake Park Addition was originally approved in 1991. In
1994, City Council approved a replat of Lots 10-14, 17, 19-22 and
24-25 to incorporate additional land adjacent to the flood plain. In
2000, Lot 15 (579 Lake Park Drive) was also replatted to incorporate
the adjacent flood plain land.
TRANSPORTATION: Glen Lakes Drive is a residential street built within 50-feet of right-
of-way.
Item # 6
Page 2 of 3
SURROUNDING LAND USE & ZONING:
North – single family; PD-103 – Lake Park Addition
South – single family; PD-141 – Parkwood Section 2
East – single family; SF-12 – Prestwick Addition
West – City park/lake; TC – Moore Road Park
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable for medium density single family.
DISCUSSION: This request was brought forward through a petition from six out of the 11
homes along the south side of Glen Lakes Drive, requesting to have the
option to add a second story to their homes. This one-story restriction
was placed on these eleven lots by City Council during the public hearing
process on the rezoning and platting in the late 80’s. At that time there
was significant concern from the existing homeowners on Phillips about
the quality and density of homes, and the potential loss of backyard
privacy. Now that these homes are built, some of the homeowners along
Glen Lakes Drive desire relief from this restriction. Staff can only
support this request if:
• there is support from the homeowners on Phillips; and
• Second story additions shall be designed in such a manner that there is
no visibility (from windows/balconies) into the homes/yards of the
homes abutting Phillips Drive.
It is also noted that this one story limitation is not imposed on any other
lots either within the Lake Park Addition or any of the Parkwood Section
2 addition (Phillips Drive). While Lake Park is developed with a mixture
of one-and two-story homes, the homes along Phillips are all constructed
as one-story. Over the years, however, several of the owners in this
general area have constructed two story additions over their garages.
It is staff’s understanding that the initiator of this petition, Mrs. Head
made contact with the homeowners on the north side of Phillips to explain
the intent and to assess their views on the proposed rezoning. She has
stated that there was general support for her request from those property
owners, but we have not been able to verify that statement. We do note
that notice of this public hearing was sent to 60 property owners within
200 feet of the subject properties, which included those abutting the
subject lots along Phillips Drive. As of October 14th one response has
been received from a property owner on Phillips in opposition. Finally, a
Item # 6
Page 3 of 3
sign was placed at the intersection of Glen Lakes and DeForest so notice
of this request should be common knowledge within the neighborhood.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendment to PD-103 to revise the
Height Regulations to delete the following reference: “All of the building
constructed on the lots adjacent to the Parkwood addition shall be one
story in height”, thus allowing an increase in the maximum building
height from one- to two-and-a-half-stories (35 feet) on Lots 1-11, Block A
(623 to 663 Glen Lakes Drive), subject to the following conditions:
1) There is support from the homeowners on Phillips Drive.
2) Second-story additions shall be designed in such a manner
that there is no visibility (from windows/balconies) into
the homes/yards of the homes abutting Phillips Drive.
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) Petition from property owners
2) Existing PD Conditions
3) Aerial of the area.
4) Plat
Glen Lakes DrivePhillips DrivePD-103R2(CH), Lake Park AdditionRequest: to allow for an increase in the maximumbuilding height from one- to two-and-a-half-stories (35feet) on Lots 1-11, Block A
DEPT: Planning
DATE: November 8, 2005
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-197R2-H, Old Coppell Townhomes, zoning change request from PD-197R-H
(Planned Development-197 Revised-Historic) to PD-197R2-H (Planned Development-197 Revision 2-Historic) to
attach Detail Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to allow the development of two
single-family homes, each on approximately 0.10 of an acre of property along Mobley Way.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: October 20, 2005
Decision of P&Z Commission: Approval (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @2PD197R2 OCT 1-AR
Item # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-197R2, Old Coppell Townhomes, Building
Sites “H” and “I”
P & Z HEARING: October 20, 2005
C.C. HEARING DATE: November 8, 2005
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: Along Mobley Way
SIZE OF AREA: 4,900-square feet for Unit H; 5,326-square feet for Unit I
CURRENT ZONING: PD-197R-H (Planned Development-197 Revised-Historic)
REQUEST: PD-197R2-H (Planned Development-197 Revision 2-Historic) to
attach Detail Site Plans for Units H & I, to allow the development of
two single-family homes along Mobley Way.
APPLICANT: Mr. Ron Robertson
569A South Coppell Road
Coppell, TX 75019
(972) 393-2152
Fax: (972) 393-6244
Item # 7
Page 2 of 3
HISTORY: In April of 2002, City Council accepted the Old Coppell Master Plan
as a guide for development of the subject property. In July of
2003, a Conceptual PD was granted on the parcel calling for 19
townhomes, two freestanding houses (the two evaluated here), a
recreational area and two commercial lots on 3.8 acres of land. In
December of 2003, a Detailed Site Plan for the townhouses and
recreation portion of the PD was approved on the property. The
design of the two freestanding houses was not included in that
approval, hence the request before you now.
TRANSPORTATION:Coppell Road is an unimproved, two-lane asphalt street contained within a
50- to 60-foot right-of-way. It is projected to be improved to a
concrete two-lane undivided road in 60-feet of right-of-way with
construction anticipated to begin in 2007.
SURROUNDING LAND USE & ZONING:
North- single-family residential; PD-SF7
South – commercial; H
East - single-family; PD-89-SF-7
West – light industrial; PD-186R-LI
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for Historic district classification to include small-
scale residential/retail/office/commercial uses. In April of
2002, the Old Coppell Master Plan recommended
comparable uses with more detailed residential application
on the subject property.
DISCUSSION: When Council approved a Conceptual Planned Development for mixed
use on this parcel, it consisted of townhouses, commercial buildings, a
recreational center and two freestanding residences. When the Detailed
Plan came in, it focused on the design and layout of the 19 townhouse
units. During review of that Plan, modifications were made to building
materials, architectural style, facade design, parking layout, and a number
of other detail elements. When the Ordinance was passed allowing
development, the detailed design applied to only the townhouse units and
recreational area. Now that the developer is ready to construct the two
single-family units, review of those structures is required of the Planning
Commission and City Council.
Item # 7
Page 3 of 3
Both freestanding houses are compatible with what has already been built
in the townhouse areas. The designs are similar to the existing units, the
building materials are the same, roof lines are compatible, scale is
appropriate, and the appearance of these houses fits with the overall
architectural character of this PD district.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Detail Site Plan design of the two freestanding
single-family houses to be built on the platted lots.
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) Elevations of Units H and I (4 sheets each)
DEPT: Planning
DATE: November 8, 2005
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Wynnpage Plaza North, Lot 1R, Block B, Replat and Lots 2 and 3, Block B, Final Plat, to
allow the reconfiguration of a fire lane and mutual access easement on Lot 1R, containing .68 of an acre of
property, the development of an approximate 16,000-square-foot two-story building on Lot 2, containing 1.10
acres of property, and an approximate 3,500-square-foot one-story office building on Lot 3, containing 1.13 acres
of property located along the west side of Denton Tap Road, approximately 180 feet north of Wynnpage Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: October 20, 2005
Decision of P&Z Commission: Approval (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Submit verification if the Board of Adjustment grants the following variances to the Zoning
Ordinance:
a. Deleting the perimeter landscaping requirement for Lots 1 and 2, Block B.
b. Allowing a minimum 11’-side yard setback for Lot 2, Block B.
c. Allowing a minimum 11’-front/side yard setback for Lot 1, Block B.
2) Provide a final cross-parking agreement between these two properties.
3) Submit revised Site and Landscape Plans with proposed lot lines shown, if approved through the
Board of Adjustment process.
4) Compliance with the attached Engineering comments.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @3Wynpge Plz,Rep&FP 1-AR
Item # 8
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Wynnpage Plaza North, Lot 1R, Block B, Replat,
and Lots 2&3, Block B, Final Plat
P & Z HEARING DATE: October 20, 2005
C.C. HEARING DATE: November 8, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: West side of Denton Tap Road, approximately 180’ north of
Wynnpage Drive.
SIZE OF AREA: 2.9l acres of property
CURRENT ZONING: C (Commercial)
REQUEST: Replat and Final Plat approval to allow the reconfiguration of a fire
lane and mutual access easement on Lot 1R, the development of a
two-story building on Lot 2 and a one-story office building on Lot 3.
APPLICANT: Applicant: Engineer:
SCI-Wynnpage I & II, L.P. Bentley Engineering, Inc.
Greg Yancey Marc Bentley, P.E.
722 S. Denton Tap Rd., Ste. 230 4125 Broadway Blvd., Ste. A250
Coppell, TX 75019 Garland, TX 75043
Phone: (972) 745-9080 Phone: (972) 240-4821
Fax: (972) 745-0799 Fax: (972) 240-0922
Item # 8
Page 2 of 3
HISTORY: The subject property was originally platted as part of the 14-lot 25.65
acre DTC Business Center, which was filed on January 6, 1987. On
March 26, 1991, Council approved the rezoning of the residential
property to the west from C (Commercial) to PD-115-SF-7
(Wynnpage single-family subdivision). As a result of the
development of the Wynnpage residential subdivision, the DTC
Business Center plat was vacated on May 8, 1992. In November
2002, a Preliminary Plat for three lots and a Site Plan and Final Plat
for Lot 1, Block B, were approved. A previous proposal, approved
but never filed, consisted of a Final Plat and Replat, combining two
of the preliminary platted lots into one, and reconfiguring the fire lane
and mutual access easement of Lot 1, Block B. This proposal is to
retain the two preliminary platted lots, forming one flag lot at the
rear, and to again propose a replat of Lot 1, Block B, in order to
reconfigure the fire lane and mutual access easement.
TRANSPORTATION:Denton Tap Road is a P6D, six-lane divided concrete roadway built to
standard in a 110-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North -undeveloped; C (Commercial)
South -office building under construction; C (Commercial)
East – CISD Administration Building and medical office; C (Commercial)
West - Wynnpage residential subdivision; PD-115-SF-7 (Single-Family 7)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for mixed-use, which includes office and retail uses.
DISCUSSION: As mentioned in the HISTORY section, this proposal is to keep the three
preliminary platted lot lines as previously depicted, except for now including
a 55’ strip to provide frontage for the rear lot. Lot 1, Block B, is proposed to
be replatted in order to reconfigure the fire lane and mutual access easement.
The applicant has obtained permission from the current gas company
regulating the 50’-gas easement to realign the fire lane and mutual access
easement and to be allowed to park within the easement. Normally, staff
would not recommend approval of a flag lot, due to the potential for
multiple access points in close proximity of one another. Because this is
an irregularly-shaped lot with mutual access being provided at one curb
cut, we can recommend approval, subject to the Board of Adjustment
granting the following variances to the Zoning Ordinance:
1. Deleting the perimeter landscaping requirement
Item # 8
Page 3 of 3
for Lots 1 and 2, Block B.
2. Allowing a minimum 11’-side yard setback
for Lot 2, Block B.
3. Allowing a minimum 11’-front/side yard
setback for Lot 1, Block B.
On the previously approved Site Plan, the two proposed northern
buildings were to be served by a total of 103 parking spaces for both
buildings. These met the requirements for parking with the rear building
being devoted solely as medical office use (3,500-square feet with 20
spaces required). The parking for the front two-story building was
calculated as follows:
• Restaurant space – 1,700-square feet with 17 spaces required,
• Outside patio – 940-square feet with 9 spaces required,
• Retail – 6,000-square feet with 30 spaces required, and
• Second-floor office – 8,000-square feet with 27 spaces
required.
With the division of property, the previously approved number of parking
spaces per lot changed. There are now 16 additional spaces on Lot 1,
Block B (rear building) and 16 less on Lot 2, Block B (front two-story
building); therefore, the applicant will be required to provide a cross-
parking agreement between these two properties to ensure the total
parking provided meets the total required for both buildings.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of Wynnpage Plaza North, Lot 1R, Block B, Replat and
Lots 2&3, Block B, Final Plat, subject to the following conditions being met:
1) Revise vicinity map to reflect entire property being platted.
2) Submit verification if the Board of Adjustment grants the following variances to
the Zoning Ordinance:
a. Deleting the perimeter landscaping requirement for Lots 1
and 2, Block B.
b. Allowing a minimum 11’-side yard setback for Lot 2, Block B.
c. Allowing a minimum 11’-front/side yard setback for Lot 1, Block B.
3) Provide a cross-parking agreement between these two properties.
4) Submit revised Site and Landscape Plans with proposed lot lines shown, if
approved through the Board of Adjustment process.
5) Compliance with the attached Engineering comments
Item # 8
Page 4 of 3
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Site Plan with New Lot Line
2) Final Plat/Replat
3) Engineering comments
M.R.D.C.T.
VOL. 74064, PG. 1703
EX. 50' LONE STAR GAS EASEMENT
15' X 15' TXU
EASEMENT
EX. UTILITY EASEMENT\PVOL. 2003028, PG. 00056
EX. PEDESTRIAN EASEMENT\PVOL. 2003028, PG. 00060
N 58%%d37'21" W
437.71'
N 88%%d57'00" E 572.27'466.05'FIRELANE AND ACCESS ESMT.\PVOL.2003028, PG. 00052\P(TO BE ABANDONED BY SEPARATE INST.)FIRELANE AND ACCESS ESMT.\PVOL.2003028, PG. 00052\P(TO BE ABANDONED BY SEPARATE INST.)LOT 3, BLOCK B\P49,381 S.F.\P1.13 ACRES
15' ALLEY
WYNNPAGE ADDITION\PVOLUME 92001, PAGE 2952\PD.R.D.C.T.
POINT OF
BEGINNING
H.T. ARDINGER, JR.\PVOL. 80198, PG. 3516\PD.R.D.C.T.DENTON TAP ROAD(110' R.O.W)60'50'EX. 20' UTILITY ESMT. \P\C2;VOLUME 2003042, PAGE 9\C256; 24' FIRELANE AND MUTUAL ACCESS EASEMENT24' FIRELANE AND
MUTUAL ACCESS EASEMENTS 00%%d22'00" E29.50'T2
N 00%%d22'00" W139.14'N 88%%d57'00" E T1
T3T4S 88%%d57'00" W
92.81'S 00%%d22'00" E85.81'T8
T5T6T7
TANGENT
T1
T2
T3
T4
T5
BEARING
S 88%%D23'49" E
N 89%%D38'00" E
S 89%%D38'00" W
N 88%%D23'49" W
S 00%%D22'00" E
T6 S 89%%D38'00" W
T7 N 00%%D22'00" W
LENGTH
37.13'
26.28'
26.62'
37.05'
1.08'
15.00'
15.00'
5/8
IRF
1/2
IRF
1/2
IRF
1/2
IRS
186.11'55.53'44.56'S 76%%d13'47" E 128.16'N 76%%d13'47" W 128.16'
10' TXU EASEMENT 30' BLDG. LINET8 N 89%%D38'00" E 15.00'
T9 S 00%%D22'00" E 3.61'T9146.73'
CURVE RADIUS DELTA TANGENT LENGTH CHORD BEARING
C-1 30.00' 89%%d19'00" 29.64' 46.77' 42.17' S 44%%d17'30" W
C-2 30.00' 47%%d16'37" 13.13' 24.75' 24.06' S 23%%d50'10" E
C-3 94.00' S 28%%d34'20" E
C-4 S 05%%d01'06" E
C-5 N 10%%d49'45" W
1/2 IRF
CB = N 80%%d27'14" W
CH = 165.90'
L = 161.68'
T = 81.56'
D = 18%%d40'12"
R = 496.17'
CB = N 73%%d19'11" W
CH = 38.11'
L = 38.12'
T = 19.07'
D = 04%%d24'07"
R = 496.17'15' ALLEY30' B.L.WYNNPAGE PLAZA
LOT 2, BLOCK A
PKF
"X" CUT
1/2 IRF
LOT 1R, BLOCK B
37,602 S.F.
0.86 ACRES S 00%%d22'00" EWYNNPAGE DRIVE
(Variable Width R.O.W.)N 00%%d22'00" W24' ACCESS EASEMENT24'
EX. UTILITY EASEMENT
VOLUME 2002149, PAGE 1199
EX. 30' x 30'
VISIBILITY EASEMENT
VOLUME 2002149, PAGE 1199
S 44%%D46'41" W
7.05'24' FIRELANE AND MUTUAL ACCESS EASEMENTN 58%%d55'37" W
103.41'
S 89%%d38'00" W 75.54'
S 89%%D38'00" W
36.23'
1/2
IRF
1/2
IRF
C-6 N 34%%d22'59"
C-7 54.00' 47%%d14'02" 23.61' 44.52' 43.27' N 23%%d51'27" C-1C-2C-
3
C-4C-5C
-
6C-737%%d48'16" 32.19' 62.02' 60.90'
94.00' 09%%d18'12" 7.65' 15.26' 15.25'
70.00' 20%%d55'29" 12.93' 25.56' 25.42'
70.00' 26%%d10'59" 16.28' 31.99' 31.71' W W
L=7.33'
L=17.96'S 00%%d22'01" E186.82'N 00%%d22'00" W178.84'24.88'
84.61'115.14'29.50' BY:
OWNER
(972) 745-9080
75019
SCI-WYNNPAGE I & II, L.P.
722 DENTON TAP, SUITE 230
COPPELL, TEXAS
THENCE S. 44 deg. 46 min. 41 sec. W. to a 1/2" iron rod found at the intersection of the West line of Denton Tap Road with
the North line of Wynnpage Drive, said point also being the beginning of a non-tangent curve to the right;
BEGINNING at a 1/2" iron rod found in the West ROW line of Denton Tap Road (a 110' ROW), said iron rod also being the
Northeast corner of Lot 1R, Block B, Wynnpage Plaza Addition, recorded in Volume 2003042, Page 9, Map Records, Dallas
County, Texas;
THENCE: N. 58 deg. 37 min. 21 sec. W, along the Southwest line of said Wynnpage Estates tract and the North line of said
Wynnpage Addition, a distance of 437.71 feet to a 1/2" iron rod set for corner in the South line of a tract of land
conveyed to H. T. Ardinger, Jr. by Deed recorded in Volume 80198, Page 3516, Deed Records, Dallas County, Texas, said iron
rod also being at the Northwest corner of said Wynnpage Estates tract;
THENCE: N. 88 deg. 57 min. 00 sec. E, along the common line of said Wynnpage Estates tract and said Ardinger
tract, a distance of 572.27 feet to a 5/8" iron rod found for corner in the West ROW line of Denton Tap Road, said iron
rod also being at the Northeast corner of said Wynnpage Estates tract;
THENCE: S. 00 deg. 22 min. 00 sec. E, along the West ROW line of Denton Tap Road and the East line of said
Wynnpage Estates tract, a distance of 291.05 feet to the PLACE OF BEGINNING and containing 3.09 acres of land.
along the East line of said Alley a distance of 195.03 feet to a 1/2" iron rod found for corner;
Coppell, according to the Plat thereof recorded in Volume 92001, Page 2952 of the Map Records of Dallas County, Texas, and
THENCE N. 00 deg. 22 min. 00 sec. W. (Directional Control Line) along the East line of Wynnpage, an Addition to the City of
North line of Wynnpage Drive with the East line of an Alley (15' R.O.W.);
distance of 38.11 feet and an arc length of 38.12 feet to a P-K nail found in brick wall for corner at the intersection of the
angle of 04 deg. 24 min. 07 sec., a radius of 496.17 feet, a chord bearing of N. 73 deg. 19 min. 11 sec. W., a chord
THENCE in a Northwesterly direction along the North line of Wynnpage Drive and along said curve to the left having a central
beginning of a curve to the left;
a chord distance of 165.90 feet and an arc length of 166.68 feet to an "X" found in concrete sidewalk for corner at the
having a central angle of 19 deg. 14 min. 51 sec., a radius of 496.17 feet, a chord bearing of N. 80 deg. 44 min. 33 sec. W.,
THENCE in a Northwesterly direction along the North line of Wynnpage Drive and along said non-tangent curve to the right
iron rod found for corner;
THENCE S. 00 deg. 22 min. 00 sec. E. with the said West line of Denton Tap Road for a distance of 175.00 feet to a 1/2"
more particularly described as follows:
Wynnpage Estates, LTD. by Deed recorded in Volume 91086, Page 680 of the Deed Records of Dallas County, Texas, and being
A. Crow Survey, Abstract No. 301, City of Coppell, Dallas County, Texas, and being part of that tract of land conveyed to
WHEREAS, SCI-WYNNPAGE I, L.P. & SCI-WYNNPAGE II, L.P., are the owners of a tract or parcel of land situated in the Edward
SCI-WYNNPAGE II, L.P.SCI-WYNNPAGE I, L.P.
BY:
TITLE:
Verizon
AND
REPLAT
WYNNPAGE PLAZA
LOT 1R, BLOCK B
The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing Replat of LOT 1R, BLOCK B
WYNNPAGE PLAZA ADDITION and Final Plat of LOT 2 & 3, BLOCK B WYNNPAGE PLAZA ADDITION to the City of Coppell was submitted
to the City Council on the day of , 2005 and the Council, by formal action, then and there accepted the
dedication of streets, alleys, parks, easements, public places, and water and sewer lines as shown and set forth in and upon
said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed.
Witness my hand this day of , 2005.
City Secretary
%%ULINE TABLE
%%UCURVE TABLE
"Preliminary, this document shall not be recorded for any purpose."
TITLE:
LOT 2 & 3, BLOCK B
Notary Public in and for the State of Texas
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2005.
acknowledged to me that he executed the same for the purpose and considerations therein expressed.
appeared J. L. Lane, known to me to be the person whose name is subscribed to the foregoing instrument and
BEFORE me, the undersigned authority, a Notary Public in and for the state of Texas, on this day personally
COUNTY OF DALLAS
STATE OF TEXAS
Registered Professional Land Surveyor No. 2509
J. L. Lane,
supervision in accordance with the platting rules and regulations of the City of Coppell, Texas.
of the land and that the corner monuments shown thereon were properly placed under my personal
THAT I, J. L. Lane, R.P.L.S., do hereby certify that this plat was prepared from an actual and accurate survey
KNOW ALL MEN BY THESE PRESENTS:
SURVEYOR'S CERTIFICATE
(Floodplain Administrator) Date
filed with the City of Coppell Floodplain Administrator on , 2005.
Floodplain Development Permit Application No. has been
City of Coppell, Texas
MAYOR DATE OF APPROVAL
%%uAPPROVED AND ACCEPTED
City of Coppell, Texas
Planning & Zoning Commission
CHAIRMAN DATE OF APPROVAL
%%uRECOMMENDED FOR APPROVAL
Notary Public in and for the State of Texas
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2005.
expressed.
instrument and acknowledged to me that he executed the same for the purpose and considerations therein
appeared , known to me to be the person whose name is subscribed to the foregoing
BEFORE me, the undersigned authority, a Notary Public in and for the state of Texas, on this day personally
COUNTY OF DALLAS
STATE OF TEXAS
WITNESS MY HAND AT , TEXAS, this day of , 2005.
without the necessity at any time of procuring the permission of anyone.
of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective system
shall, at all times, have the full right of ingress and egress to and from and upon the said "Utility Easement" for the purpose
with the construction, maintenance or efficiency of its respective systems on the said "Utility Easements" and all public utility
or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere
public utilities desiring to use or using same. All and any public utility shall have the right to remove and keep removed all
"Utility Easements" as shown. Said "Utility Easements" being hereby reserved for the mutual use and accommodation of all
No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over or across the
The easements shown hereon are hereby reserved for the purpose as indicated.
Dallas County, Texas and does hereby dedicate to the public use forever the streets, alleys and easements shown thereon.
property as WYNNPAGE PLAZA LOT 1R, BLOCK B and LOT 2 & 3, BLOCK B, an addition to the City of Coppell,
That, SCI-WYNNPAGE I, L.P. and SCI-WYNNPAGE II, L.P., do hereby adopt this plat designating the herein above described
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
Addition as recorded in Vol. 92001, Pg. 2952 MRDCT.
NOTE: Bearing Basis is the East Line of the Wynnpage
Comcast
Atmos Energy
TXU Electric Delivery
%%URECEIPT ACKNOWLEDGMENT
BEING A REPLAT OF WYNNPAGE PLAZA LOT 1R, BLOCK B AND A 2.234 ACRE
CONTACT:MARC O. BENTLEY, P.E.
MESQUITE, TEXAS
2717 MOTLEY DRIVE, SUITE B
LANE'S SOUTHWEST SURVEYING, INC.
(972) 240-4821
GARLAND, TEXAS 75043
4125 BROADWAY BLVD., STE A250
BENTLEY ENGINEERING, INC.
75150
(972) 681-4442
SURVEYOR
SEPTEMBER 2005
CITY OF COPPELL, DALLAS COUNTY, TEXAS
FINAL PLAT LOCATED IN THE EDWARD A. CROW SURVEY, ABSTRACT NO. 301
WYNNPAGE PLAZA
FINAL PLAT
THIS PLAT IS RECORDED IN VOL. , PG. NO. , DATE NORTHWYNNPAGE
%%UVICINITY MAP
N.T.S.
SANDY LAKE RD
BETHEL SCHOOLDENTON TAP ROADPROJECT SITE
WRENWOOD
HEARTHWOOD TEALWOODBETHEL SCHOOL
VANBEBBERLAKEWOOD
PLANTATIONCARRIAGE
CT.
CT.
TARA CT.GLENWOODBRAEWOOD
80400
SCALE: 1"=40'NORTH2040
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF DALLAS
24.00'LOT 2, BLOCK B\P47,944 S.F.\P1.10 ACRES
165.96'N 00%%d22'00" W162.56'34.81'24.00'WATEREASEMENT
T10
T11T12
T10 5.91'
T11 15.00'
T12 9.93'
N 89%%D38'00" E
S 00%%D22'00" E
N 89%%D38'00" E
(PRIVATE)
DEPT: Planning
DATE: November 8, 2005
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Natches Trace Addition, Lot 1, Block C, (Town Center Bank) Site Plan Revision, to
allow the construction of a dumpster enclosure to serve the existing 8,867-square-foot bank facility on 1.550 acres
of property located along the east side of Denton Tap Road, approximately 300-feet south of S.H. 121.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: October 20, 2005
Decision of P&Z Commission: Approval (6-0-1) with Commissioners Borchgardt, McCaffrey, Foreman,
Haas, Kittrell and Reese voting in favor. Commissioner Hall abstained after filing an Affidavit of Conflict
of Interest statement with the secretary.
Approval is recommended with no conditions.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @4Natches Trace SPRv 1-AR
Item # 9
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Natches Trace Addition, Lot 1, Block C
(Town Center Bank), Site Plan Revision
P & Z HEARING DATE: October 20, 2005
C.C. HEARING DATE: November 8, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: Along the east side of Denton Tap Road, approximately 300’ south of
S.H. 121.
SIZE OF AREA: 1.550 acres of property
CURRENT ZONING: HC (Highway Commercial)
REQUEST: Site Plan revision to allow the construction of a dumpster enclosure at
the northeast corner of the property.
APPLICANT: SLI Group, Inc.
Craig Garcia
10200 Old Katy Rd.
Houston, TX 77043
PHONE: (713) 465-4650
FAX: (713) 465-0077
Item # 9
Page 2 of 3
HISTORY: A bank facility, containing 8,846-square feet and three drive-through
lanes, was approved by City Council September 14, 2004, and has
since been constructed.
TRANSPORTATION:Along the front of the subject property, Denton Tap Road is a P6D, six-lane
divided roadway, within an approximate 130’ right-of-way, with a
varied width along the length of the roadway.
SURROUNDING LAND USE & ZONING:
North- retail center; HC (Highway Commercial)
South -vacant; HC (Highway Commercial)
East - Coppell Middle School North & Denton Creek Elementary; SF-7 (Single-
Family)
West - Magnolia Village retail center; PD-133-HC (Planned Development-133,
Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
regional retail, which includes banking facilities.
DISCUSSION: This is a simple request for a dumpster enclosure to be constructed on the
northeast corner of the lot, which was not included within the Site Plan
previously approved in September 2004. The 105-square-foot dumpster
pad will remove some of the previously approved 3,926-square feet of
interior landscaping, reducing this figure to 3,821-square feet, which still
exceeds the minimum required of 3,649-square feet. The applicant is
installing bollards around the fire hydrant and fire department connection
(FDC) located across the drive from the dumpster in order to prevent any
damage from a truck backing into them. The 6’ 11” brick enclosure and
metal-panel gate will match the brick color of the building.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Natches Trace Addition, Lot 1, Block C,
Site Plan Revision, with no conditions.
Item # 9
Page 3 of 3
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 Revision
2) Landscape Plan Revision
3) Dumpster Plan
DEPT: Finance
DATE: November 8, 2005
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance denying the request by Atmos Energy Corporation to
implement an annual gas reliability infrastructure program rate increase for the second consecutive year, providing
for notice hereof to said company, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: During September of 2005, Atmos Energy Corporation filed with the City of Coppell
a request for the second consecutive year for an annual gas reliability infrastructure program (GRIP) rate increase
for our customers. Based on our gas rate attorney's recommendation, the City of Coppell is being advised to deny
this request. This will delay the effective date of the new surcharge for an additional 45 days and allow the City
and our consultants more time to review and negotiate a possible settlement related to this filing.
Based on our legal counsel's recommendation and our consultants' review of the rate increase filings, staff believes
Atmos' rate increase request is unjustified, unreasonable and is not in complete compliance with the GRIP statute.
Therefore, staff is recommending the Ordinance denying Atmos' GRIP rate increase request be approved.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $AtmosEnergy-1AR
1668\13\sent to cities\oth051014 1
STAFF REPORT
ON ATMOS MID-TEX GRIP DENIAL ORDINANCE
Purpose of the Ordinance:
The law requires that a Gas Reliability Infrastructure Program (GRIP) surcharge request
cannot become effective until sixty (60) days following a filing. The Company can set the
“effective date” for any date after the 60th day. The effective date may be suspended by a city for
45 days. The ordinance denies the surcharge request on the grounds that it does not comply with
the law and is not reasonable.
What is GRIP:
GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking in the
public interest. Atmos persuaded the legislature in 2003 to make an exception to the prohibition
against piecemeal ratemaking to encourage increased investment in distribution pipe by allowing
prompt recovery despite the possibility that increased revenues and declining costs would more
than offset increased investment. The “compromise” that Atmos made in 2003 to get the statute
changed was to permit cities an unlimited time for suspension and consideration. Atmos
betrayed its “deal” and successfully persuaded the Legislature (or at least Representative
“Buddy” West and Senator Kenneth Armbrister) to change the statute to allow only 45 days for
suspension.
NOTE: IF YOU HAVE NOT ADOPTED A SUSPENSION RESOLUTION, IT IS
CRITICAL THAT YOU PASS THE DENIAL ORDINANCE BEFORE NOVEMBER 19,
2005.
Observations on the Filing:
First, once the GRIP surcharge is in place, it is updated annually until the next general
rate case; however, that next case can be delayed by the Company for more than five years.
Second, while predicated as a surcharge to promptly recover investment in new and replacement
infrastructure designed to improve system safety and reliability, a substantial portion of this
GRIP request is based upon new office furniture, computers and other cost efficiency measures
more likely to benefit shareholders than ratepayers.
Explanation of “Be It Resolved” Paragraphs:
1. This paragraph simply sets out the finding that the Company’s request is
unreasonable.
2. This paragraph authorizes participation in a Steering Committee and coordinated
control over legal counsel and consultants.
1668\13\sent to cities\oth051014 2
3. This paragraph notifies the Company that the City expects reimbursement of its
expenses associated with its review of the filing.
4. This paragraph authorizes the City to intervene in the Company’s appeal of the
ordinance to the Railroad Commission.
5. This paragraph provides for an immediate effective date.
6. This paragraph cites conformance with the open meeting act.
7. This paragraph directs that a copy of the signed ordinance be sent to a
representative of the Company and a representative of the coalition of cities.
CUSTOMER IMPACTS OF TWO GRIP SURCHARGES
The two GRIP filings by Atmos thus far are cumulative in their effect. The customer impacts are
as follows:
2003 GRIP 2004 GRIP Total Monthly Surcharge
Residential Customers $0.29 $0.29 $0.58
Commercial Customers $0.96 $0.98 $1.94
Industrial Customers $31.85 $26.85 $58.70
1668\13\sent to cities\ord051014 Denying 1
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DENYING THE
REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN
ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP)
RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE
COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM;
APPROVING COOPERATION WITH OTHER CITIES WITHIN THE
ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION
SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE
(ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT
ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS
PART OF ACSC IN ANY APPEAL OF THE CITY’S ACTION TO THE
RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A
PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY;
FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS
ENERGY CORP., MID-TEX DIVISION.
WHEREAS, on or about September 17, 2005, Atmos Energy Corp., Mid-Tex Division,
(the “Company”) filed with the City of Coppell (“City”), a request for an annual gas reliability
infrastructure program (GRIP) rate increase for customers on the Company’s statewide gas
utility system to be effective November 19, 2005; and
WHEREAS, the City has exclusive original jurisdiction to evaluate the Company’s
request as it pertains to the distribution facilities located within the City, pursuant to Texas
Utilities Code §§ 102.001(b) and 103.001; and
WHEREAS, it is reasonable for the City of Coppell to cooperate with other cities in a
coalition of cities in opposition to the Company’s filing at the Railroad Commission
(“Commission”), said coalition being known as Atmos Cities Steering Committee (“ACSC”), in
any appeal of the cities’ actions to the Commission; and
WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to
intervene in rate proceedings filed at the Railroad Commission; and
WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City
in ratemaking activities are to be reimbursed by the regulated utility; and
WHEREAS, counsel for ACSC, upon review of the Company’s filing and upon
consultation with various consultants, recommends finding that the Company’s proposal is
unjustified and unreasonable; and
1668\13\sent to cities\ord051014 Denying 2
WHEREAS, the Company has publicly stated that it will receive substantial profit in
2005 and that its expenses are substantially below those on which the GUD No. 9400 rates it is
charging were based; and
WHEREAS, the Company’s GRIP request fails to account for growth in numbers of
customers, thereby undercounting the revenues it will receive from its proposed GRIP rate
increase; and
WHEREAS, the Company’s GRIP request fails to recognize that GUD No. 9400 rates
included profit based on TXU Corporation’s capital structure rather than Atmos Energy Corp.’s
current capital structure, which justifies a lower rate of return;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Company’s GRIP rate increase request is found to be
unreasonable and is therefore denied in all respects.
SECTION 2. That the City is authorized to cooperate with other Cities within the
Company’s Distribution System that have formed ACSC to hire and direct legal counsel and
consultants, negotiate with the Company, make recommendations to the City regarding
reasonable rates and to direct any necessary litigation associated with an appeal of a rate
ordinance and the rate case filed at the Commission.
SECTION 3. That the costs incurred by the City in reviewing the Company’s GRIP
request shall be promptly reimbursed by the Company.
SECTION 4. That the City is authorized to intervene in any appeal of the city’s action
filed at the Commission, and to participate in any such appeal as a member of ACSC.
SECTION 5. This Ordinance shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
SECTION 6. That it is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public as required by law and that public notice of the
time, place and purpose of said meeting was given as required.
SECTION 7. A copy of this ordinance, constituting final action on the Company’s
application, be forwarded to the appropriate designated representative of the Company within 10
days as follows: Richard T. Reis, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800,
Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to the coalition of cities, at Lloyd
Gosselink, P.O. Box 1725, Austin, Texas 78767-1725.
1668\13\sent to cities\ord051014 Denying 3
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the ______ day of __________, 2005.
APPROVED:
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
_____________________________
City Attorney
DEPT: Human Resources
DATE: November 8, 2005
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution of the City of Coppell, Texas, approving the purchase of eleven (11) 2006
Chevrolet Tahoe PPV’s in the amount of $297,256 as budgeted; and authorizing the City Manager to execute the
appropriate Purchase Agreement and/or Lease-Purchase Financing Agreements
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for the purchase and subsequent lease have been budgeted in the Police and
Municipal Courts departmental budgets.
Agenda Request Form - Revised 09/04 Document Name: Police Tahoes- (11)
MEMORANDUM
TO:Vivyon Bowman, Director Administrator of Human Resources
FROM:Jerod Anderson, Purchasing Agent
DATE: 10/27/05
REF: Lease/Purchase and Purchase of Police/Court Tahoes
The City of Coppell Police Department and the Municipal Court Department will be replacing
(11) eleven existing Chevrolet Tahoe units. Ten (10) units will go to Police and one (1) will go
to Courts. These vehicles will be purchased through the Texas Building and Procurement
Commission’s Open Market Purchase Order from Lynn Chevrolet. Court’s one unit will be a
straight purchase, while the Police will lease their ten (10) through Koch Financial. Koch
Financial has a contract available to us through the Houston Galveston Area Council. The (10)
units will total payment amount of $286,544.48. The (1) unit will be purchased for $27,011.00.
Both the purchase and the lease are available to us based on the following local government
code.
§ 271.102. COOPERATIVE PURCHASING PROGRAM PARTICIPATION. (a) A local
government may participate in a cooperative purchasing program with another local government
or a local cooperative organization.
1 79125
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
APPROVING THE PURCHASE OF ELEVEN (11) 2006 CHEVROLET
TAHOE PPV’S; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE APPROPRIATE PURCHASE AGREEMENT AND/OR LEASE-
PURCHASE FINANCING AGREEMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has previously issued a letter of intent to purchase eleven (11) 2006
Chevrolet Tahoes; and
WHEREAS, the City has sought to purchase said vehicles through an Interlocal Agreement
with the State of Texas; and
WHEREAS, the City has budgeted funds to purchase such vehicles at an appropriate time;
and
WHEREAS, there is a need to purchase said vehicles for use for public safety and other
public purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS, THAT:
SECTION 1.The City of Coppell hereby authorizes the purchase and/or lease-purchase of
eleven (11) 2006 Chevrolet Tahoe PPV’s under the terms and specifications as provided in such
bid;
BE IT FURTHER RESOLVED that ten (10) of the vehicles will be acquired through a
lease-purchase arrangement and one (1) vehicle will be purchased for use through the Municipal
Court for use by the City Marshals and other appropriate public uses.
SECTION 2. The City Manager is hereby authorized to execute any and all documents
necessary to effect the purchase of one Tahoe and the lease-purchase of ten (10) 2006 Chevrolet
Tahoe PPV vehicles through Koch Financial Corporation
SECTION 3.That the Mayor is hereby authorized to execute this Resolution.
2 79125
SECTION 4.This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2005.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/01/05)
DEPT: City Manager
DATE: November 8, 2005
ITEM #: 18
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a resolution casting a vote for the fourth member of the Board of
Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !DCAD
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, CASTING
ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF
DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT.
WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which
allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of
the Texas Property Tax Code) as follows:
1. The city of Dallas shall appoint one (1) member to the Board.
2. The Dallas Independent School District shall appoint one (1) member to the Board.
3. The Dallas County Commissions Court shall appoint one (1) member to the Board. The
member appointed by the Dallas County Commissioners Court shall not be a resident of either the city of
Dallas or the Dallas Independent School District.
4. Each of the incorporated cities and towns, except for the city of Dallas, shall have the right
to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors.
The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and
town being entitled to one (1) vote, the fourth member of the Board of Directors.
5. Each of the independent school districts, except for the Dallas Independent School District,
shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the
Board of Directors. The said independent school districts shall, from the nominations received, elect by a
majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the
Board of Directors.
The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a
majority of those authorized to vote in 4 and 5, respectively, and not by a majority of the quorum; and
WHEREAS, the city of Coppell does hereby cast its vote by marking the ballot below: (Check
one only)
[] SHEYI I. IPAYE
[] CHARLES P. SLAYTON
[] SCOTT WHEELER
[] GEORGE WILLIAMS
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS does hereby confirm its one (1) vote for the election of
________________________________ as the suburban cities' representative to the Board of Directors of
the Dallas Central Appraisal District.
DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of
November, 2005.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: City Manager
DATE: November 8, 2005
ITEM #: 19
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a an ordinance of the city of Coppell, Texas, amending the code of ordinances by
amending chapter 8, by adding article 8-8, administrative adjudication of parking violations; providing for establishing all
municipal parking violations to be a civil offense; providing for appointment of hearing officers, establishing powers,
functions and duties; providing for form of citation and service; providing for liability of owner and operator; providing for
answer and adjudication by mail; providing for hearing for disposition and failure to appear; providing for fines and
enforcement; providing for impoundment and hearing; providing for appeal procedures; providing a repealing clause;
providing a severability clause; providing a savings clause; and providing an effective date; and authorizing the Mayor to
sign.
GOAL(S):
EXECUTIVE SUMMARY: The following information is provided for your consideration in reviewing this
ordinance and its impact.
1. Total cost of a parking ticket presently is $164. Of that amount $75 is a local fine and $66.60 goes to the
state of Texas for mandated fees. The balance goes for Court costs and associated fees mandated by the
State but collected and retained by the local authority.
2. Year-to-date through 10/28/05 we have issued 87 parking tickets. For calendar year 2004 we issued 97.
This is in contrast to issuing 77 fire lane violations last year, 131 year-to-date.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Parking
MEMORANDUM
Date:October 31, 2005
To:Mayor and City Council
From:Jim Witt, City Manager
Subject:Processing Citations Under New Parking Ordinance
Following is an outline of what I anticipate the process would be if we were to adopt a no
parking fine ordinance and make it a civil penalty rather than a moving violation as processed
through Municipal Court.
Step 1: Make Court personnel and Police Department staff aware of the change in
procedure, and provide our Police Department personnel with appropriate alternative citation
books in order to comply with the new no parking ordinance. Cost of new civil citations is
less than $50 plus internal training costs.
Step 2: Train our Court clerks in processing the new civil citations. This should not
result in any additional workload, since we will be replacing the processing of existing
citations that are presently being processed. Costs include internal training.
Step 3: Appoint a hearing administrators. I have two individuals in mind. At this
point based on our ticket load, I feel these individuals would have to rearrange their schedules
to accommodate a two-four hour a week availability in order to hear an appeal from a ticket.
Individuals selected would be from our exempt pool of employees. Training costs $1,000 in
legal fees.
Step 4: Spend time with our Municipal Judge and Prosecutor in order to inform
them about the appeals process that could take place if an appeal from a hearing officer is sent
to the Municipal Court.
In summary the cost involved would be the printing of new citation books,
plus training the hearing officers. Beyond that we are just essentially
shifting some workload in the Courts from processing traditional citations to civil citations
given under the new ordinance. The hearing administrator would have to add this to their
workload, but they could be adjusted as necessary.
If you have any questions, please do not hesitate to contact me.
JW:kb
1 78605
ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8,
BY ADDING ARTICLE 8-8, ADMINISTRATIVE ADJUDICATION OF
PARKING VIOLATIONS; PROVIDING FOR ESTABLISHING ALL
MUNICIPAL PARKING VIOLATIONS TO BE A CIVIL OFFENSE;
PROVIDING FOR APPOINTMENT OF HEARING OFFICERS,
ESTABLISHING POWERS, FUNCTIONS AND DUTIES; PROVIDING
FOR FORM OF CITATION AND SERVICE; PROVIDING FOR
LIABILITY OF OWNER AND OPERATOR; PROVIDING FOR ANSWER
AND ADJUDICATION BY MAIL; PROVIDING FOR HEARING FOR
DISPOSITION AND FAILURE TO APPEAR; PROVIDING FOR FINES
AND ENFORCEMENT; PROVIDING FOR IMPOUNDMENT AND
HEARING; PROVIDING FOR APPEAL PROCEDURES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 8, by adding Article 8-8, Administrative Adjudication of
Parking Violations, which shall read as follows:
"CHAPTER 8
TRAFFIC REGULATIONS
. . . . .
ARTICLE 8-8. ADMINISTRATIVE ADJUDICATION OF PARKING
VIOLATIONS.
Sec. 8-8-1. Parking violations made civil offenses.
Every violation of a provision of this chapter or of Chapter 8 of this code governing
the stopping, standing, or parking of a vehicle is a civil offense. In additional to being
subject to the criminal penalties and procedures established in Article 8-3 of this code, a
violation may also be adjudicated as a civil offense under this article.
2 78605
Sec. 8-8-2. General authority and duty of director.
The City Manager shall appoint a director to implement and enforcement the
provisions of this ordinance and who may by written order establish its rules and regulations
not inconsistent with this article.
Sec. 8-8-3. Hearing officers; Powers, Duties, and Functions.
A. Hearing officers shall be appointed by the city manager, or a designated
representative, to administratively adjudicate all parking violations for which a parking
citation has been issued under this chapter or under Chapter 8 of this code.
B. Hearing officers shall have the following powers, duties, and functions:
1. To administer oaths.
2. To accept admissions to, and to hear and determine contests of, parking
violations under this chapter.
3. To issue orders compelling attendance of witnesses and the production of
documents, which orders may be enforced by a municipal court.
4. To assess fines, penalties, and other costs for a parking violation in
accordance with this chapter.
5. To waive penalties assess for a parking violation in accordance with
Section 8-8-9 of this chapter.
6. To preside over, hear evidence, and make findings at immobilization/im-
poundment hearings in accordance with this chapter.
Sec. 8-8-4. Parking citations; form.
A. A parking citation serves as the summons and complaint for purposes of this
article.
B. A parking citation must be on a form prescribed by the director and must
include the following information:
1. the nature, date, time, and location of the alleged parking violation
and the meter number, if applicable;
2. the state license plate number of the illegally parked vehicle, or if not
visible or legible, the vehicle identification number or the brake
inspection tag number;
3. the make of the illegally parked vehicle;
3 78605
4. the date, time, and location of the administrative adjudication
hearing, to be set not later than fifteen (15) calendar days after the
date of issuance of the parking citation;
5. a notification that the person charged with the parking violation has
the right to an immediate hearing any business day before the
scheduled administrative adjudication hearing; and
6. a notification that failure to timely appear at either an immediate
hearing or a scheduled administrative adjudication hearing is
considered an admission of liability for the parking violation charge
and will result in the assessment of appropriate fines, penalties, and
costs and may result in the immobilization, towing, and
impoundment of the vehicle for which the citation was issued.
C. The original or any copy of a parking citation is a record kept in the ordinary
course of city business and is prima facie evidence of the facts contained in the parking
citation.
Sec. 8-8-5. Service of a parking citation; Presumption of service.
A. A parking citation must be served personally upon the operator of a vehicle
who is present at the time of service. If the operator is not present, or cannot otherwise be
personally served, the parking citation must be served upon the registered owner of the
vehicle by affixing the parking citation to the vehicle in a conspicuous place.
B. An operator of a vehicle who is not the vehicle’s owner, but who uses or
operates the vehicle with the express or implied permission of the owner, shall be
considered the owner’s agent authorized to receive a parking citation required to be served
upon the registered owner or operator of a vehicle in accordance with the provisions of this
section.
C. If the owner or operator of a vehicle drives the vehicle away from or in any
manner leaves the site of the parking violation while the issuing officer is preparing the
parking citation, or refuses service of the parking citation, this fact shall be noted on the
original and all copies of the parking citation.
D. The original parking citation must be signed by the issuing officer who shall
affirm the truth of the facts set forth in the citation.
E. The original and all copies of a parking citation are prima facie evidence that
the parking citation was issued and that an attempt at service was made in accordance with
the provisions of this section.
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Sec. 8-8-6. Liability of the vehicle owner and operator; Presumption of liability.
A. Except as provided in Subsection (B), the registered owner and the operator
of a vehicle, when not the same, shall both be liable to the city for a parking violation
charge, except that the operator of a vehicle shall be solely liable if the owner can proved
that the vehicle was operated without the owner’s express or implied consent. A vehicle
owner who pays any civil fines, penalties, or costs pursuant to this article shall have the right
to recovery from the vehicle operator.
B. A vehicle owner who is engaged in the business of renting or leasing
vehicles under written rental or leasing agreements shall not be liable for parking fines,
penalties, and costs imposed by the city on a rented or leased vehicle if, within thirty (30)
days after receiving written notice of a parking violation, the vehicle owner provides in
affidavit form the true name, address, and driver’s license number and state of issuance of
the person in possession of the vehicle at the time the parking citation was issued, or a true
copy of the lease or rental agreement in effect at the time the parking citation was issued.
C. A lessor of a vehicle who fails to comply with Section (B) shall be treated as
any other vehicle owner and shall be liable with the vehicle operator for a parking violation
charge.
D. It is a defense to any charge of a parking violation that, at the time of the
violation, the illegally parked vehicle was reported to a police department as having been
stolen prior to the time of the violation and had not yet been recovered.
E. In any hearing to administratively adjudicate a parking citation, it is
presumed that the registered owner of the vehicle for which the citation was issued is the
person who stopped, stood, or parked the vehicle at the time and place of the parking
violation. Proof of ownership may be made by a computer-generated record of the
registration of the vehicle with the Texas Department of Transportation showing the name
of the person to whom state license plates were issued. This proof is prima facie evidence of
the ownership of the vehicle by the person to whom the certificate of registration was issued.
Sec. 8-8-7. Answering a parking citation.
A. A person who has been issued a parking citation shall answer to the charge
of the parking violation by the date shown on the citation. An answer may be made in any
of the following ways:
1. An admission of liability with payment of the applicable civil fine, and any
additional penalties and costs.
2. A denial of liability made before a hearing officer at an administrative
adjudication hearing on a date specified in the parking citation or at an
immediate hearing before that date.
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3. An admission of liability with an explanation made before a hearing officer
at an administrative adjudication hearing on a date specified in the parking
citation or at an immediate hearing before that date.
4. A request for permission from a hearing officer to adjudicate by mail.
5. A request to reset a scheduled administrative adjudication hearing from the
date shown on the parking citation. A scheduled hearing may not be reset
more than once unless the person charged pays to the director an amount
equal to the applicable civil fine for the parking violation, with any
additional penalties and costs. The director shall issue a receipt for any
amounts paid under this paragraph. After presentation of the receipt, all
amounts paid will be refunded to the person charged if the hearing officer, or
a municipal court on appeal, finds that the person is not liable for the parking
violation.
B. Payment of the civil fine and any additional penalties and costs may be made
in person or by mailing to the director the parking citation accompanied by payment of the
amount shown on the citation. Payment by mail may be made only by money order or
check made out to the city. Payment of the civil fine and all penalties and costs assessed
pursuant tot this article shall operate as a final disposition of the parking violation charge,
except when payment is made to reset a scheduled hearing or to file an appeal.
Sec. 8-8-8. Adjudication by mail.
A. If a person charged with a parking violation shows good cause for not
attending a hearing, either personally or through a representative, the hearing officer may
permit the matter to be adjudicated by mail, which adjudication must be completed within
ninety (90) calendar days of the date of the citation.
B. Letters, memoranda, affidavits, photographs, and other documentary
materials shall be admissible as evidence for the purposes of adjudication by mail. The
hearing officer may exclude from consideration any material that is not relevant to the
adjudication of the alleged violation.
C. Failure of the person charged to proceed with an adjudication by mail after
requesting and receiving permission to adjudicate by mail is an admission by the person
charged of liability for the parking violation and shall subject the person who requested the
adjudication by mail to the appropriate civil fines, penalties, and costs assessed by the
hearing officer.
D. If a hearing officer determines that an adjudication cannot proceed by mail,
the hearing officer shall advise the person charged by first class mail that the person must
appear to answer the charge at a hearing.
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Sec. 8-8-9. Hearings for disposition of a parking citation; Parking citation as prima
facie evidence.
A. Every hearing for the adjudication of a parking violation charge under this
chapter shall be held before a hearing officer.
B. At a hearing, the parking citation is prima facie proof of its contents and the
officer or other authorized person who issued the parking citation is not required to be
present; except, that the issuing officer or other authorized person shall be present at a
scheduled administrative adjudication hearing if requested by the person charged or by the
hearing officer.
C. At a hearing, the hearing officer shall hear and consider evidence presented
by the city and by the person charged. The formal rules of evidence do not apply to a
hearing under this article, and the hearing officer shall make a decision based upon a
preponderance of the evidence presented at the hearing, after giving due weight to all
presumptions and prima facie evidence established by this article or other applicable law.
D. At the conclusion of an immediate or a scheduled administrative
adjudication hearing, the hearing officer shall immediately render an order or decision,
either by:
1. finding the person charged liable for the parking violation, assessing the
applicable civil fine and any penalties and other costs in accordance with this
article, and notifying the person of the right to appeal to municipal court; or
2. finding the person charged not liable for the parking violation;
E. An order of a hearing officer must be filed with the city department of public
works and transportation in a separate index and file. The order may be recorded using
computer printouts, microfilm, microfiche, or similar data processing techniques.
Sec. 8-8-10. Failure to answer a parking citation or appear at a hearing.
A. The failure of any person charged with a parking violation to answer to the
charge with in fifteen (15) calendar days after the date of issuance of the parking citation or
to appear at any hearing, including a hearing on appeal, when required to appear is an
admission of liability for the parking violation, and the hearing officer, or the municipal
court in the case of an appeal, shall issue an order of liability and assess against the person
charged with the violation the appropriate civil fines, penalties, and other costs.
B. Within seven (7) calendar days after filing an order of liability issued under
this section, a hearing officer shall notify the registered owner or operator of the vehicle in
writing of the order. The notice must be sent by United States mail to the last address of the
registered owner on record with the Texas Department of Transportation, or to the address
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of the registered owner or operator last known to the hearing officer. The notice must
include a statement:
1. of the amount of civil fines, penalties, and costs assessed;
2. of the right to appeal to municipal court; and
3. that failure to pay can result in immobilization and impoundment of the
vehicle.
Sec. 8-8-11. Fine schedule; other fees.
A. The following is the schedule of civil fines for parking violations under this
chapter and of this code that are made civil offenses under this article:
Violation Fine Costs
No parking on specific streets, Sec. 8-3-1 $ 50.00 $ 25.00
Parking for persons with disabilities, Sec. 8-3-3 $100.00 $ 25.00
Parking prohibited on parkways $ 50.00 $ 25.00
Parking regulations of boats, Sec. 8-3-5 $ 50.00 $ 25.00
Parking regulations-Trucks in excess of 1½ ton, Sec. 8-3-6 $ 50.00 $ 25.00
Truck Parking – Residential Area, Sec. 8-3-7 $ 50.00 $ 25.00
B. If a civil fine is assessed under this article, it must be in accordance with this
section. A fine may not be waived or modified by a hearing officer, or by a municipal court
on appeal, except that additional penalties and other costs may be added in accordance with
this section.
C. An additional penalty in an amount equal to the original fine will be assessed
if a vehicle owner or operator, or the agent of the owner or operator, fails to:
1. answer to a parking violation charge within fifteen (15) calendar days after
the date of issuance of the parking citation or fails to appear at any hearing
schedule after fifteen (15) calendar days from the date of the parking
citation; or
2. after being found liable, pay all civil fines, fees, and costs assessed for a
parking violation within the time designated by the hearing officer.
D. A penalty assessed under Subsection (C) of this section may be waived by a
hearing officer, of by a municipal court on appeal, if the vehicle owner or operator or agent
of the vehicle owner or operator, can establish that:
1. through no fault of the vehicle owner or operator, or agent of the vehicle
owner or operator:
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a. no notice of the parking violation was received as required by this
article;
b. no notice of the hearing officer’s order was received as required by
this article; or
c. payment of the fine assessed for the parking violation was not posted
in a timely manner;
2. the penalty was assessed in error; or
3. the vehicle was at the time of the violation stopped, stood, or parked in
response to a medical emergency.
E. In addition to all fines, penalties, and other costs assessed under this article, a
person found liable for a parking violation shall pay a court cost of $5.
F. The minimum fine established in this section must be doubled for the second
conviction of the same offense within any twenty-four (24) month period and trebled for
third and subsequent convictions of the same offense within any twenty-four (24) month
period.
Sec. 8-8-12. Enforcement of order.
A hearing officer’s order may be enforced by:
1. impounding the vehicle that is the subject of the order when it is found on
any public street, right-of-way, easement, or other public or city-owned
property, if the person charged has committed three or more parking
violations in any calendar year that have not been resolved either by a
finding of no liability or by payment of all fines, penalties, and costs
assessed by the hearing officer;
2. placing a boot on the vehicle that is the subject of the order when it is found
on any public street, right-of-way, easement, or other public or city-owned
property, if the person charged has committed three or more parking
violations in any calendar year that have not been resolved either by a
finding of no liability or by payment of all fines, penalties, and costs
assessed by the hearing officer;
3. imposing an additional penalty to a civil fine not paid within the designated
period;
4. denying any parking permit; or
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5. refusing to allow the registration of the vehicle that is the subject of the order
as provided by Article 6675a-2, Vernon’s Texas Civil Statutes.
Sec. 8-8-13. Immobilization/impoundment hearing.
A. The registered owner of a vehicle that is immobilized or impounded for the
purpose of enforcing a hearing officer’s order shall have the right to a prompt
immobilization/impoundment hearing before a hearing officer.
B. The request for an immobilization/impoundment hearing must be made in
writing to the director, on a form provided for that purpose, within three (3) calendar days
from the date the vehicle was immobilized or impounded, whichever occurred first.
C. An immobilization/impoundment hearing must be held within forty-eight
(48) hours after the director receives the request for a haring, excluding Saturdays, Sundays,
and city holidays, at the parking adjudication office or at such other convenient and
reasonable place as the hearing officer may designate.
D. The issue to be determined at the immobilization/impoundment hearing is
whether the immobilization or impoundment of the vehicle was authorized by this chapter.
E. The immobilization or impoundment of a vehicle is valid if it complies with
the requirements of this chapter, unless the vehicle owner or operator, or agent of the vehicle
owner or operator, can establish that:
1. the vehicle was registered to and operated by another person at the
time the unresolved parking violations occurred;
2. the vehicle was being operated without the owner’s express or
implied consent at the time the unresolved parking violations
occurred;
3. through no fault of the owner, notice of the unresolved parking
violations was never received as required by this article;
4. one or more citations for the unresolved parking violations are
defective and, if dismissed, would leave no more than two
unresolved parking violations within the calendar year; or
5. at the time of immobilization or impoundment of the vehicle, the
registered owner had no more than two unresolved parking violations
within the calendar year.
F. The determination of the hearing officer at the immobilization/impoundment
hearing is final and is not subject to appeal.
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G. If the hearing officer determines that immobilization or impoundment of a
vehicle was not valid, all fees paid for immobilization, towage, storage, and impoundment
of the vehicle and any other amount paid to redeem the vehicle shall be refunded, including
any fines, penalties, and costs for any parking violations for the purposes of immobilizing or
impounding the vehicle. Any fines, penalties, and costs paid for a parking violation for
which the registered owner was liable will not be refunded.
Sec. 8-8-14. Appeal from hearing.
A. A person determined by a hearing officer, at either an immediate or
scheduled administrative adjudication hearing or by failure to answer a parking citation or
appear at a hearing in the time required, to be liable for a parking violation may appeal this
determination to the municipal court by filing a petition, along with a filing fee of $15, with
the municipal court clerk or a deputy clerk within thirty (30) calendar days after the hearing
officer’s order is filed with the department of public works and transportation. If the hearing
officer’s order is reversed, the $15 filing fee shall be returned by the city to the appellant.
B. Upon receipt of an appeal petition, the municipal court clerk or deputy clerk
shall schedule an appeal hearing and notify all parties of the date, time, and location of the
hearing. The officer or other authorized person who issued the parking citation is not
required to be present at the appeal haring unless requested by the person charged or by the
municipal court.
C. The appeal hearing must be a trial de novo in municipal court and is a civil
proceeding for the purpose of affirming or reversing the hearing officer’s order. The person
filing the appeal may request that the hearing be held before a jury. The decision from the
municipal court is final.
D. Service of notice of appeal under this section does not stay the enforcement
and collection of any order of a hearing officer, unless the person filing the appeal pays to
the director an amount equal to all civil fines, penalties, and costs assessed against the
person charged. The director shall issue a receipt for any amounts paid under this
subsection. After presentation of the receipt, all amounts will be refunded if the hearing
officer’s order is overturned on appeal.
Sec. 8-8-15. Disposition of fines, penalties, and costs.
All fines, penalties, and costs assessed under this ordinance shall be paid into the
city’s general fund for the use and benefit of the city.”
SECTION 2.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.
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SECTION 3. 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 4. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 5.That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances 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 ($2,000.00) Dollars for each offense; and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6.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
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APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/01/05)
DATE: November 8, 2005
ITEM #: 20
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: November 8, 2005
ITEM #: 21
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding 50th Anniversary Celebration.
C. Report by Mayor Stover regarding Parks and Recreation Halloween Party.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: November 8, 2005
ITEM #: 22
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: November 8, 2005
Department Submissions:
Item Nos. 9/D, 9/E, 9/F, 12, 13, 14 & 15 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
Item No. 9/B 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 No. 9/C was placed on the Agenda for the above-referenced City
Council meeting by the Library Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Library Department
Item No. 17 was placed on the Agenda for the above-referenced City
Council meeting by the Human Resources Department. I have reviewed
the Agenda Request (and any backup if applicable) and hereby submit this
item to the City Council for consideration.
____________________
Human Resources 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.
____________________
City Manager