CP 2006-07-25
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JULY 25, 2006
DOUG STOVER, BILLY FAUGHT, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6
BRIANNA HINOJOSA-FLORES, Place 3 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, July 25, 2006, 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. 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; and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3,; and CB Parkway Business
Center, et al vs. City of Coppell, et al.; and City of Dallas vs.
Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
2. Discussion regarding Alcohol Regulations.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
C. 1. Economic Development Prospects on the west side of
Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding a revised Fence Ordinance.
B. Review timetable and design elements for Town Center Project and
status on Senior Center.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
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ITEM # ITEM DESCRIPTION
7. Consider approval of a proclamation naming July 25, 2006 as Governor’s
Community Achievement Award Recognition Day for volunteer efforts
related to Keep Coppell Beautiful, and authorizing the Mayor to sign.
8. Consider approval of a proclamation proclaiming “National Night Out”
on Tuesday, August 1, 2006, and providing City Council Support and
Endorsement of National Night Out festivities and authorizing the mayor to
sign.
9. Citizens' Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 11, 2006.
B. Consider approval of a grant application between the city of
Coppell, the Coppell Education Development Corporation, and the
Carrollton-Farmers Branch Independent School District in the
amount of $115,200.00 and authorizing the City Manager to sign.
C. Consider approval of a grant application between the city of
Coppell, the Coppell Education Development Corporation, and the
Carrollton-Farmers Branch Independent School District in the
amount of $39,600.00 and authorizing the City Manager to sign.
END OF CONSENT
11. Consider approval of a Resolution directing publication of notice of
intention to issue Certificates of Obligations, Series 2006 in an amount not
to exceed $3,785,000.00, for the additional funds required for the new
Senior Citizen Center, the Town Center Master Plan park improvements
and related bond issuance costs, and authorizing the Mayor to sign.
12. Consider approval of a Resolution calling a Local Option Election to be
held on November 7, 2006 for the purpose of submitting to the voters the
following propositions: 1) “Shall the City of Coppell permit the legal sale of
beer and wine for off-premise consumption only;” and 2) “Shall the City of
Coppell permit the legal sale of mixed beverages in restaurants by food
and beverage certificate holders only;” authorizing the City Manager to
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ITEM # ITEM DESCRIPTION
enter into and sign a Joint Election Agreement and Election Service
Contract with Dallas County Elections Department for conducting the
election; and authorizing the Mayor to sign.
13. Necessary action resulting from Work Session.
14. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Mayor Pro Tem Faught and Councilmember York.
C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember
Brancheau.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Peters and
Franklin.
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 – Councilmember York.
J. North Texas Council of Governments - Councilmember Peters.
K. NTCOG/Regional Emergency Management - Councilmember
Franklin.
L. North Texas Commission - Councilmember Brancheau.
M. Senior Adult Services – Mayor Pro Tem Faught.
15. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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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 21st day of July, 2006, 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).
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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: July 25, 2006
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. The City of Coppell and Coppell Independent School District opposition to a change of
zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number
Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County
Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.;
and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
2. Discussion regarding Alcohol Regulations.
B. Section 551.087, Texas Government Code – Economic Development Negotiations.
1. Economic Development Prospects on the west side of Coppell.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: July 25, 2006
ITEM #:WS-2
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding a revised Fence Ordinance.
B. Review timetable and design elements for Town Center Project and status
on Senior Center.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY
AMENDING ARTICLE 9-2, FENCE REGULATIONS, BY
REPEALING SECTIONS 9-2-1 THROUGH 9-2-8 IN ITS
ENTIRETY AND BY ADDING NEW SECTIONS 9-2-1
THROUGH 9-2-10 PROVIDING FOR FENCE
REGULATIONS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM
OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Coppell Code of Ordinances be amended by amending Chapter 9,
by repealing Sections 9-2-1 through 9-2-8 and providing a new ordinance Sections 9-2-1 through
9-2-10, to read as follows:
“ARTICLE 9-2. FENCE REGULATIONS
Sec. 9-2-1. Definitions.
Fence means any wall or structure more than 18 inches in height erected
or maintained for the purposes of enclosing, screening, restricting access to or
decorating the surrounding lot, parcel, building or structures.
Finish side means that side of the fence that forms the barrier, where
the support elements, including posts and rails of the fence, would not be
visible from outside the property.
Front yard means the open, unoccupied space on a lot facing a street and
extending across the front of a lot between the side yard lines.
Rear yard means a space unoccupied by principal structure extending for
the full width of the lot between a principal structure and the rear lot.
Repair shall mean the construction or repair of fifty percent (50%) or less
of the perimeter of an existing fence.
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68146
Replace means, for the purposes of this article, the construction,
reconfiguration, relocation or repair of fifty percent (50%) or more of the
perimeter of an existing fence.
Side yard means an open unoccupied space on the same lot with the
building, situated between the building and the side line of the lot, and extending
through the street or the front line shall be deemed a side yard."
Sec. 9-2-2. Fence permit required.
It shall be unlawful for any person to erect or replace a fence, as defined
herein, without first obtaining a permit in accordance with the regulation set forth
in this Chapter, provided however, a permit shall not be required to repair an
existing fence.
Sec. 9-2-3. Application for permit.
An application for a permit must be signed by the applicant and contain
the following information:
A. Applicant's name and address. If the application is a partnership,
corporation or association, the name and phone number of a
responsible party of the entity.
B. Name and address of owner of property.
C. Address of property where fence is to be erected.
D. Height of fence.
E. Plat, map, or site plan showing the lot or tract on which the fence is to
be erected, the location of adjoining or adjacent lots or tracts and the
location of the proposed fence, outlined with heavy black lines.
Sec. 9-2-4. Permit fee.
A nonrefundable permit fee established by resolution of the city council
shall be paid at the time of application for each permit issued.
Sec. 9-2-5. Public property.
A fence, or any part of such fence, shall not be constructed upon or caused
to protrude over property line or lot line. All fences, as provided herein, must be
maintained in a plane so as not to overhang or interfere with public property.
Sec. 9-2-6. Location and height regulations.
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68146
A. Height. It shall be unlawful to erect or maintain a fence at a height
exceeding eight feet.
B. Rear yard. Where driveways connect to alleys in commercial,
industrial and residential areas, fences shall be only constructed along the rear lot
line of any lot to within five feet of a point where the driveway would intersect
the alley pavement at 90 degrees. Fences to be constructed along any driveway or
parallel to alleys shall not be constructed within five feet of the alley pavement.
C. Side yard. A fence may be erected in the side yard of a lot to the side
property line.
D. Front yard. It shall be unlawful to erect or maintain a fence within the
front yard of any lot, from the front building line to the front lot line. The front
building line as that term is used herein shall mean the building line established
by the building constructed on the lot if such established building line is a greater
distance from the front lot line than that established by law.
Sec. 9-2-7. Materials, Orientation and Colors.
A. Permitted materials. All fences, as defined herein, constructed within
the City, shall only be constructed with metal vertical posts and the following
material:
1. wood;
2. metal or wrought iron;
3. stone or brick with mortar;
4. decorative metal.
B. Orientation. All fences shall be constructed so that the finished
side of said fence shall face outward from the property or fence line.
C. Permitted colors. Colors for wood fences shall be limited to earth-tone
colors only; wrought iron and decorative metal fences may be black, off white or
earth tone colors only; masonry fences may not be painted.
Sec. 9-2-8. Prohibited Materials.
Materials prohibited in fences are barbed wire, razor ribbon, sheet metal,
chain-link, vinyl or polyvinyl, or any other similar material, except that barbed
wire and/or chain link is permitted for fencing for agriculture- or industrial- zoned
property.
Sec. 9-2-9. Electrical fences.
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68146
Fences shall not be electrified or utilize an electrical charge; however,
such prohibition shall not be construed to prohibit electric gate closures.
Sec. 9-2-10. Inspection.
Within thirty (30) days of the completion of installation, the owner of
the premises shall request and the building inspector shall conduct an inspection.
A certificate of acceptance or a rejection slip indicating the defects in the same
will be issued.”
SECTION 3. . All provisions of this ordinance of the City of Coppell is an addition to
other ordinances or charter provisions; however, in the event this is in conflict with the
provisions of this ordinance, be, then the provisions and the same are hereby, repealed, and all
other provisions of the ordinances of the City of Coppell not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 4. 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 invalid, illegal, or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City of Coppell, Texas.
SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance or the Code of Ordinances, as amended, shall be deemed guilty of a misdemeanor and,
upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine
not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and every
day such offense 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 publication, as the law and charter is such cases provide.
PAGE 4
68146
DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of
____________, 2006.
APPROVED:
By:
DOUGLAS N. STOVER , MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 7/13/06)
PAGE 5
68146
DEPT: Parks and Recreation Department
DATE: July 25, 2006
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a proclamation naming July 25, 2006 as Governor’s Community Achievement Award
Recognition Day for volunteer efforts related to Keep Coppell Beautiful, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Coppell received the 2006 $95,000 Governor’s Community Achievement Award from Keep Texas Beautiful and
Texas Department of Transportation. This proclamation is a recognition of the community’s environmental
efforts to win this prestigious award.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: ^KCB GCAA- 1AR
PROCLAMATION
WHEREAS, Keep Coppell Beautiful is the 2006 $95,000 Governor’s Community Achievement
Award winner recognized by Keep Texas Beautiful and Texas Department of Transportation; and
WHEREAS, Keep Coppell Beautiful is a Gold Star Affiliate of Keep Texas Beautiful and a
President’s Circle Affiliate of Keep America Beautiful; and
WHEREAS, Keep Coppell Beautiful’s mission is to involve individuals throughout the community
to promote education and activities that encourage waste reduction, litter prevention, and beautification; and
WHEREAS, Keep Coppell Beautiful recognizes the efforts of 4,500 volunteers benefiting the
community for outstanding environmental leadership and improvement; and
WHEREAS, Keep Coppell Beautiful assists the city of Coppell in litter prevention, waste reduction,
and beautification with volunteer supported programs like: Clean Coppell Earthfest, Wildflower Planting,
Adopt-a-Location, Master Composter Certification, Texas SmartScape, Youth Service Learning and the
Coppell Community Garden.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby proclaim
July 25, 2006 as
"Governor’s Community Achievement Award Recognition Day"
in the city of Coppell, Texas, and encourage our citizens to continue to join in the efforts to improve our
community and keep Coppell beautiful.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this _____ day of July 2006.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________
Libby Ball, City Secretary
DEPT: Police
DATE: July 25, 2006
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a proclamation proclaiming “National Night Out” on Tuesday, August 1, 2006, and
providing City Council Support and Endorsement of National Night Out festivities and authorizing the mayor to
sign.
GOAL(S):
EXECUTIVE SUMMARY:
On Tuesday, August 1st, neighborhoods throughout Coppell are being invited to join forces with thousands
of communities nationwide for the “23rd Annual National Night Out” crime and drug prevention event. National
Night Out, which is sponsored by the National Association of Town Watch and co-sponsored locally by the
Coppell Police Department, will involve over 9,500 communities from all 50 states. In all, over 32 million people
are expected to participate in ‘America’s Night Out Against Crime’ on Aug. 1st.
National Night Out is designed to: (1) Heighten crime and drug prevention awareness; (2) Generate support
for, and participation in, local anti-crime efforts; (3) Strengthen neighborhood spirit and police-community
partnerships; and (4) Send a message to criminals letting them know neighborhoods are organized and fighting
back.
From 7:00 to 10:00 p.m. on August 1st, residents in neighborhoods throughout Coppell and across the nation
are asked to lock their doors, turn on outside lights and spend the evening with neighbors and police. A light on
every porch in every neighborhood is a beacon to a better tomorrow. Many neighborhoods throughout Coppell
will be hosting a variety of special events such as block parties, cookouts, visits from police, and youth activities to
show their support of the National Night Out crime prevention event.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: )nno.doc
Proclamation
WHEREAS, The National Association of Town Watch is sponsoring the 23rd Annual
edition of an important nationwide crime and drug prevention event on August 1, 2006, called
“National Night Out;” and
WHEREAS, The “23rd Annual National Night Out” provides a unique opportunity for
Coppell, Texas to join forces with thousands of other communities across the country in
promoting cooperative police and community drug prevention efforts; and
WHEREAS, It is essential that all citizens of Coppell, Texas be aware of the importance
of crime prevention programs and the impact that their participation can have on reducing crime,
drugs, and violence in Coppell, Texas; and
WHEREAS, Police-Community partnerships, neighborhood awareness and safety, and
cooperation are important themes of the “National Night Out” program; and
WHEREAS, Neighborhood Crime Watch plays a vital part in assisting the Coppell
Police Department through joint crime prevention efforts in Coppell.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby
proclaim Tuesday, August 1, 2006 as
“National Night Out”
in the City of Coppell, Dallas County, Texas.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ___________ day of July 2006.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
DATE: July 25, 2006
ITEM #: 9
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
DEPT: City Secretary
DATE: July 25, 2006
ITEM #: 10/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: July 11, 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
MINUTES OF JULY 11, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 11, 2006, 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
Billy Faught, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107; and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3,; and CB Parkway
Business Center, et al vs. City of Coppell, et al.; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court.
cm071106
Page 1 of 11
ITEM # ITEM DESCRIPTION
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side
of Coppell.
Mayor Stover convened into Executive Session at 5:40 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 7:00 p.m. and opened the Regular Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Underage Drinking.
B. Discussion regarding Council Goals.
C. Discussion regarding Board & Commission Interviews.
D. Discussion of Agenda Items.
Work Session was postponed until after Regular Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Jennifer Scott of the First Methodist Church led those present in
the Invocation.
6. Pledge of Allegiance.
Mayor Stover recognized the attendance of Scout Troop 840 as they were
present to earn their Citizenship, Community and Communication Merit
badges.
John Pankonien, a member of Scout Troop 840, led those present in the
Pledge of Allegiance.
cm071106
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ITEM # ITEM DESCRIPTION
7. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 27, 2006.
B. Consider approval of the resignation of Lindy Thomas
from the Parks and Recreation Board.
C. Consider approval of the removal of Julie Basham from
the Parks and Recreation Board.
D. Consider approval of the removal of Darrell Michiels from
the Coppell Education Development Corporation.
E. Consider approval of a Resolution designating the Animal
Control Manager of the City of Coppell as the Local
Rabies Control Authority; and authorizing the Mayor to
sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda items A, B, C
and D carrying Resolution No. 2006-0711.1. Mayor Pro Tem Faught
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught
and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Franklin and York voting in favor of the motion.
9. PUBLIC HEARING:
Consider approval of Case No. S-1121R-SF-9, St. Ann Catholic
Parish, zoning change request from SF-9 and S-1121-SF-9
(Special Use Permit-1121-Single Family-9) to S-1121R-SF-9
(Special Use Permit-1121 Revised-Single Family-9) to amend
and expand the existing SUP site plan to allow the renovation
and expansion of church uses into the former Georgetown
Shopping Center, including stucco exterior, adding a
cm071106
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ITEM # ITEM DESCRIPTION
playground, additional parking and landscaped areas on
approximately 19.52 acres of property located at the northeast
corner of Sandy Lake Road and Samuel Boulevard, at the
request of Jennifer Lindsey, St. Ann Catholic Parish.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Ernesto Liebrecht, Architect of Page, Southerland, Page Architects
addressed the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public hearing and approve
Case No. S-1121R-SF-9, St. Ann Catholic Parish, zoning change request
from SF-9 and S-1121-SF-9 (Special Use Permit-1121-Single Family-9) to
S-1121R-SF-9 (Special Use Permit-1121 Revised-Single Family-9) to
amend and expand the existing SUP site plan to allow the renovation and
expansion of church uses into the former Georgetown Shopping Center,
including stucco exterior, adding a playground, additional parking and
landscaped areas on approximately 19.52 acres of property located at the
northeast corner of Sandy Lake Road and Samuel Boulevard subject to
the following conditions:
1. Clearly show relocated fire lanes on both the Site Plan and
Landscape Plan; and
2. Meet with the Fire Marshal to work out the fire hydrant
requirements.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
cm071106
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ITEM # ITEM DESCRIPTION
10. PUBLIC HEARING:
Consider approval of a Third Replat of St. Ann Catholic Parish,
Replat, to relocate the fire lane and various utility easements
allow the expansion of church facilities into the former
Georgetown Shopping Center, on approximately 19.52 acres of
property located at the northeast corner of Sandy Lake Road
and Samuel Boulevard, at the request of Jennifer Lindsey, St.
Ann Catholic Parish.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve a
Third Replat of St. Ann Catholic Parish, Replat, to relocate the fire lane
and various utility easements allow the expansion of church facilities
into the former Georgetown Shopping Center, on approximately 19.52
acres of property located at the northeast corner of Sandy Lake Road and
Samuel Boulevard subject to the following conditions:
1. Contact Rick Fielding at (972)888-1344 with TXU Electric Delivery
regarding utility relocations;
2. All revisions to the alignments of the fire lanes need to be finalized
prior to City Council consideration. Revised alignments need to be
consistently reflected on all applicable plans;
3. Maximum fire hydrant separation is 300 feet, and all hydrants
need to be three to six feet from a fire lane;
4. Preliminary Utility Plans need to be submitted reflecting new
hydrant locations;
5. Will modifications to the existing water system be required in order
for the relocated fire lane to be compliant pertaining to fire hydrant
spacing? If so, include a plan; and
cm071106
Page 5 of 11
ITEM # ITEM DESCRIPTION
6. Proposed paving should not encroach into the fire lane.
Councilmember Brancheau seconded the motion; the motion carried 7-0
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
11. PUBLIC HEARING:
Consider approval of the White Glove Express Addition, Lots
1R1 and 1R2, Block A, Replat, to allow the subdivision of one
lot into two lots, allowing for separate ownership of each lot,
containing 1.628 acres of property located along the east side
of Denton Tap Road, approximately 500 feet south of Braewood
Drive, at the request of Joe Pipes, Vintage Wash-Coppell, L.P.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Chris Russell, Landscape Architect, addressed the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to moved to close the Public Hearing and
approve the White Glove Express Addition, Lots 1R1 and 1R2, Block A,
Replat, to allow the subdivision of one lot into two lots, allowing for
separate ownership of each lot, containing 1.628 acres of property
located along the east side of Denton Tap Road, approximately 500 feet
south of Braewood Drive subject to the following conditions:
1. This plat shall not be filed with Dallas County unless the Board of
Adjustment grants all required variances to the Zoning Ordinance
to assure that both lots are in compliance, including:
cm071106
Page 6 of 11
ITEM # ITEM DESCRIPTION
a) Variance to the 10-foot perimeter landscape requirement
adjacent to both sides of the internal (new) lot line, with the
required trees being planted elsewhere on the lots;
b) Lot 1R1—
• Reduction of the side yard setback from 30 feet to 12
feet along the southern property line;
• The existing 6-foot brick wall adjacent to the Lone Star
Gas Easement, with additional trees in the triangular
area shall be provided in lieu of the perimeter
landscaping along the north property line;
• No parking lot islands will be required; however, the
nine trees will be planted within the perimeter
landscaping adjacent to Denton Tap and the
residential areas to the east;
• A reduction of the overall landscape requirement by
7,476 square feet, subject to additional shrubs and
ornamental trees being planted to enhance the
appearance of the site;
c) Lot 1R2—
• A reduction of the overall landscape requirement by
377 square feet, subject to additional shrubs and
ornamental trees being planted to enhance the
appearance of the site;
2. Recalculation and clarification on the number of trees being
provided as indicated on the plan and within the Plant List (minor
discrepancies exist);
3. A tree removal permit will be required prior to the removal of any
trees;
4. Submission of a complete Maintenance Agreement for the shared
utilities;
5. Shared utility easements must be noted as Private on all sheets;
6. Submission of an agreement for the shared use of the dumpster;
7. A clarification of the “ACCESS EASEMENT AND R-O-W,” Vol.
97131, PG 5879, which was filed in the Deed Records of Dallas
County;
cm071106
Page 7 of 11
ITEM # ITEM DESCRIPTION
8. The existing landscaping is not in compliance with the Landscape
Plan approved with the SUP-1074RR, due to dead and missing
plant material and must be brought up to code irrespective of the
outcome of these re-platting efforts; and
9. Contact Larry Redick at (972) )323-8917 at TXU Electric Delivery
to discuss easement requirements.
Mayor Pro Tem Faught seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
12. Consider approval of the All Care Veterinary Hospital, Lot 1R,
Blk A, Site Plan Amendment, to allow a 1,776-square-foot
addition to the existing All Care Veterinary Hospital and
provide additional parking spaces, on 0.812 acres of property
located at 353 N. Denton Tap, at the request of Steve
Homeyer, Homeyer Engineering, Inc.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Mayor Pro Tem Faught moved to approve the All Care Veterinary
Hospital, Lot 1R, Blk A, Site Plan Amendment, to allow a 1,776-square-
foot addition to the existing All Care Veterinary Hospital and provide
additional parking spaces, on 0.812 acres of property located at 353 N.
Denton Tap. Councilmember Hinojosa-Flores seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in
favor of the motion.
13. PUBLIC HEARING:
Consider approval of the All Care Veterinary Hospital, Lot 1R,
Block A, Replat, to extend the fire lane west to accommodate
the 1,776-square-foot addition to the existing All Care
Veterinary Hospital on 0.812-acres of property located at 353
cm071106
Page 8 of 11
ITEM # ITEM DESCRIPTION
N. Denton Tap, at the request of Steve Homeyer, Homeyer
Engineering, Inc.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve the All Care Veterinary Hospital, Lot 1R, Block A, Replat, to
extend the fire lane west to accommodate the 1,776-square-foot addition
to the existing All Care Veterinary Hospital on 0.812-acres of property
located at 353 N. Denton Tap, subject to the following conditions:
1. Contact Larry Redick at (972)323-8917 to discuss easement
requirements; and
2. Additional comments may be generated upon detailed
Engineering review.
Councilmember Hinojosa-Flores seconded the motion; the motion carried
7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
14. Consider approval to authorize Harrison, Walker & Harper to
proceed with the Justice Center and Fire Station #3 Expansion
and Renovation (Phase II) for a Guaranteed Maximum Price of
$2,470,778.00 as provided for in Infrastructure Maintenance
Funds and the General Fund.
Presentation:
Clay Phillips, Deputy City Manager, made a presentation to the Council.
cm071106
Page 9 of 11
ITEM # ITEM DESCRIPTION
Action:
Councilmember York moved to approve to authorize Harrison, Walker &
Harper to proceed with the Justice Center and Fire Station #3 Expansion
and Renovation (Phase II) for a Guaranteed Maximum Price of
$2,470,778.00 as provided for in Infrastructure Maintenance Funds and
the General Fund. Councilmember Franklin seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in
favor of the motion.
15. Consider adoption of Council Goals for FY 2007.
Mayor Stover advised that this item would be postponed until the
August 8 Council Meeting.
16. Necessary action resulting from Work Session.
There was no action necessary under this item.
17. Mayor and Council Reports.
A. Report by Mayor Stover regarding 4th of July celebration.
B. Report by Mayor Stover regarding Keep Coppell Beautiful
and the Governor’s Community Achievement Award.
A. Mayor Stover reported on the success of the 4th of July Parade and
the record number of citizens who attended the event.
B. The Mayor announced that Keep Coppell Beautiful will be given the
Governor’s Community Achievement Award at the next Council
meeting and invited all to attend.
At this time Council reconvened into Work Session.
WORK SESSION (Open to the Public)
Convene Work Session
A. Discussion regarding Underage Drinking.
B. Discussion regarding Council Goals.
cm071106
Page 10 of 11
ITEM # ITEM DESCRIPTION
C. Discussion regarding Board & Commission Interviews.
D. Discussion of Agenda Items.
18. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm071106
Page 11 of 11
DEPT: City Manager
DATE: July 25, 2006
ITEM #: 10/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant application between the city of Coppell, the Coppell Education
Development Corporation, and the Carrollton-Farmers Branch Independent School District in the amount of
$115,200.00 and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant are available from the ½ cent CEDC sales tax.
Agenda Request Form - Revised 09/04 Document Name: !CEDC
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the city of Coppell, Texas (“CITY”), the Coppell Education Development Corporation
(“CEDC”) and the Carrollton/Farmers Branch Independent School District (the “CFBISD”),
acting by and through their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CFBISD has submitted a grant application No. 2006-L01 to provide
funding for three full-time paraprofessional salaries and additional printed material for the library
at Riverchase Elementary School in Coppell (the PROJECT); and
WHEREAS, the CFBISD serves 528 students from the CITY, and has developed the
PROJECT in order to raise the literacy levels of all the students; and
WHEREAS, CFBISD is in need of funding the three full-time instructional support
salaries and provide printed material for the library, and seeks the assistance of the CEDC for
such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CFBISD in accordance with this AGREEMENT will further the objectives of the CITY,
will benefit the CITY and the CITY’s inhabitants and will promote career technology in the
CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CFBISD an education development grant (the “GRANT”) in an amount not to
exceed One Hundred Fifteen Thousand Two Hundred Dollars and no cents ($115,200.00).
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
2.CFBISD agrees to utilize the GRANT to fund three full-time instructional support
salaries and provide printed material for the library at Riverchase Elementary School in Coppell.
3.CITY agrees to provide the GRANT of One Hundred Fifteen Thousand Two Hundred
Dollars and no cents ($115,200.00) funds payable on a quarterly basis with the first payment to
be made in August 2006. Funds to be expended in accordance with the budget categories set
forth in the GRANT application.
4. On a quarterly basis beginning no later than November 1, 2006 the CFBISD shall submit
personnel costs and invoices for this GRANT to the CEDC. The detailed expenditures shall
include, but not be limited to, salaries, number of students from Coppell served, grade levels
actually served, and any changes in personnel during the period covered by this GRANT,
invoices for books and other purchases.
5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice
and cure period described herein, shall be in default of this AGREEMENT. As liquidated
damages in the event of such default, the CFBISD shall, within thirty (30) days after demand,
repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from
the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in
the event of default would be speculative and difficult to determine. Upon breach by CFBISD
of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing,
who shall have thirty (30) days from receipt of the notice in which to cure such default. If
CFBISD fails to cure the default within the time provided herein, or, as such time period may be
extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT
without further notice to the CFBISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT
and in satisfying the conditions of this AGREEMENT, is acting independently, and that the
CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection
with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC
from all such claims, suits, and causes of action, liabilities and expenses, including reasonable
attorney’s fees, of any nature whatsoever arising out of the CFBISD’S performance of the
conditions under this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2006.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2006.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
SIGNED this ______ day of ________________, 2006.
CARROLLTON-FARMERS BRANCH INDEPENDENT
SCHOOL DISTRICT
By: ______________________________________
DR. ANNETTE GRIFFIN, SUPERINTENDENT
Carrollton-Farmers Branch Independent School District
1445 North Perry Road
Carrollton, Texas 75006
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2006, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by Antonio Altemus, President of the Coppell Education Development Corporation, on
behalf of said corporation.
Notary Public, State of Texas
My Commission expires:
______________________
CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by Dr. Annette Griffin, Superintendent of Carrollton/Farmers Branch Independent School
District, on behalf of said district.
Notary Public, State of Texas
My Commission expires:
______________________
DEPT: City Manager
DATE: July 25, 2006
ITEM #: 10/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant application between the city of Coppell, the Coppell Education
Development Corporation, and the Carrollton-Farmers Branch Independent School District in the amount of
$39,600.00 and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant are available from the ½ cent CEDC sales tax.
Agenda Request Form - Revised 09/04 Document Name: !C-FB
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the city of Coppell, Texas (“CITY”), the Coppell Education Development Corporation
(“CEDC”) and the Carrollton/Farmers Branch Independent School District (the “CFBISD”),
acting by and through their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CFBISD has submitted a grant application No. 2006-T01 to provide
funding for salary and benefits for a half-time instructional technology support person, and
substitutes for 21 days of staff development related to instructional technology at Riverchase
Elementary School in Coppell (the PROJECT); and
WHEREAS, the CFBISD serves 528 students from the CITY, and has developed the
PROJECT in order to raise the technology levels of all the students; and
WHEREAS, CFBISD is in need of funding the half-time instructional technology
support person and seeks the assistance of the CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CFBISD in accordance with this AGREEMENT will further the objectives of the CITY,
will benefit the CITY and the CITY’s inhabitants, and will promote career technology in the
CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CFBISD an education development grant (the “GRANT”) in an amount not to
exceed Thirty-nine Thousand Six Hundred Dollars and no cents ($39,600.00).
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
2.CFBISD agrees to utilize the GRANT to fund a half-time instructional technology
support person and substitutes for 21 days of staff development related to instructional
technology at Riverchase Elementary School in Coppell.
3.CITY agrees to provide the GRANT of Thirty-nine Thousand Six Hundred Dollars and
no cents ($39,600.00) funds payable on a quarterly basis with the first payment to be made in
August 2006. Funds to be expended in accordance with the budget categories set forth in the
GRANT application.
4. On a quarterly basis beginning no later than November 1, 2006 the CFBISD shall submit
personnel costs for this GRANT to the CEDC. The detailed expenditures shall include, but not
be limited to, salaries, number of students from Coppell served, grade levels actually served, and
any changes in personnel during the period covered by this GRANT.
5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice
and cure period described herein, shall be in default of this AGREEMENT. As liquidated
damages in the event of such default, the CFBISD shall, within thirty (30) days after demand,
repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from
the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in
the event of default would be speculative and difficult to determine. Upon breach by CFBISD
of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing,
who shall have thirty (30) days from receipt of the notice in which to cure such default. If
CFBISD fails to cure the default within the time provided herein, or, as such time period may be
extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT
without further notice to the CFBISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT
and in satisfying the conditions of this AGREEMENT, is acting independently, and that the
CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection
with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC
from all such claims, suits, and causes of action, liabilities and expenses, including reasonable
attorney’s fees, of any nature whatsoever arising out of the CFBISD’S performance of the
conditions under this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2006.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2006.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
SIGNED this ______ day of ________________, 2006.
CARROLLTON-FARMERS BRANCH INDEPENDENT
SCHOOL DISTRICT
By: ______________________________________
DR. ANNETTE GRIFFIN, SUPERINTENDENT
Carrollton-Farmers Branch Independent School District
1445 North Perry Road
Carrollton, Texas 75006
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2006, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by Antonio Altemus, President of the Coppell Education Development Corporation, on
behalf of said corporation.
Notary Public, State of Texas
My Commission expires:
______________________
CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by Dr. Annette Griffin, Superintendent of Carrollton/Farmers Branch Independent School
District, on behalf of said district.
Notary Public, State of Texas
My Commission expires:
______________________
DEPT: Finance
DATE: July 25, 2006
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution directing publication of notice of intention to issue
Certificates of Obligations, Series 2006 in an amount not to exceed $3,785,000.00, for the additional funds
required for the new Senior Citizen Center, the Town Center Master Plan park improvements and related bond
issuance costs, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $2land-1AR
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS :
COUNTIES OF DALLAS AND DENTON :
CITY OF COPPELL :
We, the undersigned officers of said City, hereby certify as follows:
1. The City Council of said City convened in REGULAR MEETING ON THE 25TH DAY
OF JULY, 2006, at the City Hall, and the roll was called of the duly constituted officers and members of said
City Council, to-wit:
Douglas N. Stover, Mayor
Billy Faught, Mayor Pro-Tem
Tim Brancheau
Jayne P. Peters
Brianna Hinojosa-Flores
Marsha Tunnell
Marvin Franklin
Bill York
Libby Ball, City Secretary
and all of said persons were present, except the following absentees: None, thus constituting a quorum.
Whereupon, among other business, the following was transacted at said Meeting: a written
RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2006
was duly introduced for the consideration of said City Council and read in full. It was then duly moved and
seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage
of said Resolution, prevailed and carried by the following vote:
AYES: All members of said City Council shown present above voted "Aye".
NOES: None.
2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described
in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been
duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a
true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of
said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified
and acting officers and members of said City Council as indicated therein; that each of the officers and
members of said City Council was duly and sufficiently notified officially and personally, in advance, of the
time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and
considered for passage at said Meeting, and each of said officers and members consented, in advance, to the
holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of
the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code.
3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that
the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the
City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of
the attached and following copy of said Resolution for all purposes.
SIGNED AND SEALED the 25th day of July, 2006.
City Secretary Mayor
(CITY SEAL)
RESOLUTION #__________
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2006
THE STATE OF TEXAS :
COUNTIES OF DALLAS AND DENTON :
CITY OF COPPELL :
WHEREAS, the City deems it advisable to give notice of intention to issue Combination Tax and
Revenue Certificates of Obligation in the amount of $3,785,000 for the purpose of paying, in whole or in
part, contractual obligations for acquiring, constructing and equipping a new Senior Citizens Center and
constructing and equipping the Town Center Master Plan Park improvements, and for paying legal, fiscal,
and engineering fees in connection with such projects; and
WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution
was passed, was open to the public and public notice of the time, place, and purpose of said meeting was
given, all as required by Chapter 551, Texas Government Code.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL:
1. That attached hereto is a form of the Notice of Intention to Issue Certificates of Obligation, the
form and substance of which is hereby adopted and approved.
2. That the City Secretary shall cause said notice to be published in substantially the form attached
hereto, in a newspaper of general circulation in said City, and published in said City, on the same day in
each of two consecutive weeks, the date of the first publication thereof to be at least 14 days prior to the
time set for the issuance of such certificates of obligation as shown in said notice.
3. That this Resolution shall become effective immediately upon adoption.
APPROVED AND ADOPTED this 25th day of July, 2006.
ATTEST:
____________________________ ____________________________
City Secretary Mayor
APPROVED:
_____________________________
City Attorney
CITY OF COPPELL, TEXAS
NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2006
The City of Coppell does hereby give notice of intention to issue Combination Tax and Revenue
Certificates of Obligation, Series 2006, in the maximum principal amount not to exceed $3,785,000, for
the purpose of paying, in whole or in part, contractual obligations for acquiring, constructing and equipping
a new Senior Citizens Center and constructing and equipping the Town Center Master Plan Park
improvements, and for paying legal, fiscal, and engineering fees in connection with such projects, and for
paying legal, fiscal, and engineering fees in connection with such projects. The City proposes to provide
for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the
City as provided by law, and from limited surplus revenues of the City's Waterworks and Sewer System,
remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve,
and other requirements in connection with all of the City's revenue bonds or other obligations (now or
hereafter outstanding), which are payable from all or any part of the Net Revenues of the City's combined
Waterworks and Sewer System. The City Council intends to consider for passage at a Regular Meeting to
be held at 7:00 P.M., on August 22, 2006, an Ordinance authorizing the issuance of City of Coppell, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2006, at the City Hall, Coppell, Texas.
Douglas N. Stover, Mayor
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS §
COUNTIES OF DALLAS & DENTON §
CITY OF COPPELL §
BEFORE ME, a notary public in and for the above named County, on this day personally
appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that
he or she is a duly authorized officer or employee of the CITIZENS ADVOCATE, which is a newspa-
per of general circulation in the above named County, devoting not less than 25% of its total column
lineage to the carrying of items of general interest, published not less frequently than once each week,
entered as second-class postal matter in the county where published, and having been published regularly
and continuously for not less than 12 months prior to the making of any publication; and that a true and
correct copy of the NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2006, a clipping of which is attached to this Affidavit,
was published in said Newspaper on the following dates:
July 28, 2006
August 4, 2006
Authorized Officer or Employee
SUBSCRIBED AND SWORN TO BEFORE ME on the _____ day of _______, 2006.
NOTARY SEAL
Notary Public
DEPT: City Secretary
DATE: July 25, 2006
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution calling a Local Option Election to be held on November 7, 2006 for the purpose
of submitting to the voters the following propositions: 1) “Shall the City of Coppell permit the legal sale of beer
and wine for off-premise consumption only;” and 2) “Shall the City of Coppell permit the legal sale of mixed
beverages in restaurants by food and beverage certificate holders only;” authorizing the City Manager to enter into
and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for
conducting the election; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %callelection
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ___________________
ORDER OF A LOCAL OPTION ELECTION
November 7, 2006
BE IT REMEMBERED THAT on this the 25th day of July, 2006, at a meeting of the
City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to
order and the Council issued the following order:
IT IS HEREBY ORDERED that having been presented a valid petition, a local option
election be held on the 7th day of November, 2006, 7:00 a.m. to 7:00 p.m., for the purpose of
submitting to the voters the following propositions:
“Shall the City of Coppell permit the legal sale of beer and wine for off-premise
consumption only?”
and
“Shall the City of Coppell permit the legal sale of mixed beverages in restaurants
by food and beverage certificate holders only?”
That the official ballots for said election shall be prepared in accordance with the Texas
Election Code so as to permit the electors to vote “FOR” or “AGAINST” the aforesaid
Proposition, with the ballots to contain such provisions, markings and language as required by
law, and with such Proposition to be expressed substantially as follows:
“PROPOSITION NO. 1
FOR (____) Shall the City of Coppell permit the legal sale of beer and wine for
AGAINST (____) off-premise consumption only?”
“PROPOSITION NO. 2
FOR (____) Shall the City of Coppell permit the legal sale of mixed beverages
AGAINST (____) in restaurants by food and beverage certificate holders only?”
Page 1 68056
The election shall be held as a Joint Election administered by the Dallas County Elections
Administrator in accordance with the provisions of the Texas Election Code and a Joint Election
Agreement.
A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed
in accordance with the Joint Election Agreement.
Early voting by personal appearance shall be conducted at the Town Center Atrium, 255
Parkway Boulevard, Coppell, Texas 75019. Early voting will be conducted on weekdays
beginning Monday, October 23, 2006 through Friday, October 27, 2006, 8:00 a.m. - 5:00 p.m.;
Saturday, October 28, 2006, 7:00 a.m. - 7:00 p.m.; Sunday, October 29, 2006, 1:00 p.m. - 6:00
p.m.; Monday, October 30, 2006 through Friday, November 3, 2006, 7:00 a.m. - 7:00 p.m.
Qualified residents of Coppell may vote early for the Joint Election by personal
appearance at either the Coppell Town Center or at any of the other branch locations, as
published by Dallas County.
Application for a ballot by mail shall be mailed to:
Bruce R. Sherbert
Chief Deputy Early Voting Clerk
Office of the Elections Department
2377 North Stemmons Freeway, Suite 820
Dallas, Texas 75207
Application for ballot by mail must be received no later than the close of business on October 31,
2006.
The City Secretary shall present such returns to the City Council for the canvassing of
said election.
The canvass of said election returns shall be conducted by the City Council not earlier
than the 3rd day nor later than the 11th day after the election.
Page 2 68056
DULY ORDERED by the City Council of the City of Coppell, Texas the 25th day of
July, 2006.
APPROVED:
DOUGLAS N. STOVER, MAYOR
CITY OF COPPELL, TEXAS
ATTEST:
LIBBY BALL, CITY SECRETARY
CITY OF COPPELL, TEXAS
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 07/10/2006))
Page 3 68056
DATE: July 25, 2006
ITEM #: 13
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: July 25, 2006
ITEM #: 14
AGENDA REQUEST FORM
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell.
B. Coppell ISD – Mayor Pro Tem Faught and Councilmembeer York.
C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee – Councilmembers Peters and Franklin.
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 – Councilmember York.
J. North Texas Council of Governments - Councilmember Peters.
K. NTCOG/Regional Emergency Management – Councilmember Franklin.
L. North Texas Commission - Councilmember Brancheau.
M. Senior Adult Services – Mayor Pro Tem Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
DATE: July 25, 2006
ITEM #: 15
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: July 25, 2006
Department Submissions:
Item No. 7 was placed on the Agenda for the above-referenced City Council
meeting by the Parks Department. I have reviewed the Agenda Request
(and any backup if applicable) and hereby submit this item to the City
Council for consideration.
____________________
Parks Department
Item No. 8 was placed on the Agenda for the above-referenced City Council
meeting by the Police Department. I have reviewed the Agenda Request
(and any backup if applicable) and hereby submit this item to the City
Council for consideration.
____________________
Police 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
(or Deputy City Manager)