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CP 2006-09-26 NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 26, 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) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Bd/Comm Reception 6:00 p.m. – 7:00 p.m. Atrium (By Invitation Only) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, September 26, 2006, at 5:30 p.m. for Work Session, and Regular Session will begin at 7:00 p.m., with Executive Session immediately following, to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ag092606 Page 1 of 5 ITEM # ITEM DESCRIPTION 1. Call to order. WORK SESSION (Open to the Public) 2. Convene Work Session A. Nomination for NLC Board and NLC Committees. B. Update on 2007 State of Texas Legislative Session. 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. RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:00 PM TO 7:00 PM. REGULAR SESSION (Open to the Public) 3. Convene Regular Session. 4. Invocation. 5. Pledge of Allegiance. 6. Swearing in of newly appointed Board/Commission/Committee members. 7. Citizens' Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 12, 2006. B. Consider approval of a revision to the city of Coppell Travel Policy for Mayor and Council. ag092606 Page 2 of 5 ITEM # ITEM DESCRIPTION C. 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 $54,034.44; and authorizing the City Manager to sign. END OF CONSENT 9. Consider approval of a resolution endorsing the joint recommendation for regional rail in North Central Texas as approved by the boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (The T) that supports the concept of local option funding of public transit in the region by exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap, and authorizing the Mayor to sign. 10. Consider approval of the Annual Corporate Report for the Coppell Education Development Corporation. 11. Presentation by Gayel Cheng regarding the termination of the horse area lease located on City property. 12. Necessary action resulting from Work Session. 13. Mayor and Council Reports. A. Report by Mayor Stover regarding the Drug/Alcohol Community Forum held September 18th. B. Report by Mayor Stover regarding the September 18th Gunman Incident. C. Report by Councilmember Tunnell regarding the NLC Community and Economic Development Meeting Report. 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. ag092606 Page 3 of 5 ITEM # ITEM DESCRIPTION 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. EXECUTIVE SESSION (Closed to the Public) 15. 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. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of property South of Bethel and West of Denton Tap. 16. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 22nd day of September, 2006, at __________________. ____________________________________ Libby Ball, City Secretary ag092606 Page 4 of 5 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). ag092606 Page 5 of 5 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: September 26, 2006 ITEM #:WS-2 AGENDA REQUEST FORM WORK SESSION A. Nomination for NCL Board and NLC Committees B. Update of 2007 State of Texas Legislative Session. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DEPT: City Secretary DATE: September 26, 2006 ITEM #: 6   AGENDA REQUEST FORM ITEM CAPTION: Swearing in of newly appointed Board/Commission/Committee members. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %swearin DATE: September 26, 2006 ITEM #: 7   AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc DEPT: City Secretary DATE: September 26, 2006 ITEM #: 8/A  AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: September 12, 2006. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes MINUTES OF SEPTEMBER 12, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 12, 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 (late arrival) 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. 2. Texas Open Meetings Act. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of land south of Bethel and west of Denton Tap. cm091206 Page 1 of 17 ITEM # ITEM DESCRIPTION Councilmember Hinojosa-Flores arrived prior to convening Executive Session. Mayor Stover convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:08 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board & Commission Appointments. 1. Selection Process. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson of the Hackberry Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. Mayor Stover advised that a request for postponement had been made for Item 18. See Item 18 for minutes. 7. Citizens’ Appearances. There were no citizens signed up for this item. ag091206 Page 2 of 17 ITEM # ITEM DESCRIPTION CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 22, 2006 August 29, 2006. B. Consider approval of a Memorandum of Understanding for Bioterrorism or Health Emergency Assistance between Dallas County and the city of Coppell, and authorizing the Mayor and City Manager to sign. C. Consider approval of awarding Bid # Q-0706-03 for the purchase of water meters in the following manner: 100 Series 5/8" x 3/4" meters to Actaris US Liquid Management; 100 Series 1" and 1 1/2" meters to Master Meter, Inc; 100 Series 2" and 300 Series 3" and 4" to Amco Water Metering Systems; 300 Series 6", 8" and 10" to B20 and Associates; and all of the 400 Series to Badger Meter, Inc., in a combined estimated total of $90,300; as budgeted. D. Consider approval of an Ordinance for Case No. PD-208R-LI, Coppell Trade Center, zoning change request from PD-208-LI (Planned Development-208-Light Industrial) to PD-208R-LI (Planned Development-208 Revised-Light Industrial) to approve Detail Plans for three office/warehouse buildings (Buildings A and B each containing approximately 150,500-square-feet and Building D containing approximately 117,737-square-feet) on approximately 27.8 acres of property, being a part of a 40.6 acre tract of land, located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. Case No. PD- 215-LI, Victron Energy, zoning change request from LI (Light Industrial) to PD-215-LI (Planned Development-215-LI) to allow the development of a 4,248-square-foot convenience store, 1,414- square-foot restaurant and a 5,104-square-foot canopy over six gas pumps on 1.68 acres of property within the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land ag091206 Page 3 of 17 ITEM # ITEM DESCRIPTION outside of Coppell City Limits) located south of LBJ (IH 635), east of Royal Lane. Action: Councilmember York moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 91500-A-436 and E carrying Ordinance No. 91500-A- 437. 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. 9. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Action: Mayor Pro Tem Faught moved to approve Ordinance No. 2006-1135 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. 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. 10. Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2006 at .64146/$100 taxable valuation of which .48278 for operations and maintenance and .15868 for interest and sinking, and authorizing the Mayor to sign. Presentation: Jennifer Armstrong, Finance Director, made a presentation to the Council. Action: Councilmember Franklin moved to approve Ordinance No. 2006-1136 levying the ad valorem taxes for the year 2006 at .64146/$100 taxable valuation of ag091206 Page 4 of 17 ITEM # ITEM DESCRIPTION which .48278 for operations and maintenance and .15868 for interest and sinking, and authorizing the Mayor to sign. 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. 11. Consider appointments to the City’s Boards, Commissions and Committees. Mayor Stover read the slate of recommended Board and Commission members as follows: American Red Cross: 3-year Regular Mark Lyasko Animal Services Appeal Board: 2-year Veterinarian Dr. Reid Garfield Board of Adjustment: 2-year Regular Robert Chomiak Mark LeGros David Stonechipher 2-year Alternate Jon Holzheimer Laura Ketchum Coppell Economic Development Committee: 2-year Regular William Rohloff Gary Roden Kenneth Luttmer William Lowery Bradley Snyder 1-year Regular Matt Hall ag091206 Page 5 of 17 ITEM # ITEM DESCRIPTION Coppell Education Development Committee: 2-year Regular Brian Letzkus Thomas Massimi Gina Mote 1-year Regular Carrie Mamantov April Terry Keep Coppell Beautiful Board: 2-year Regular Cheryl Colmery Christopher Reed Brent Wooten Keep Coppell Beautiful Board (Youth Advisors): 1-year Student Regular Zachary Flores James Halpin 1-year Student Alternate Janice Kim Library Board: 2-year Regular Meme Collins-Tabuena Wendy Dunn Marcia Raines Kathy Ross 1-year Regular Linda McCrary 2-year Alternate Nancy Tao 1-year Alternate Thomas Trahan Library Board (Youth Advisors): 1-year Student Regular Morgan Griffin Sarah LaFountain Parks and Recreation Board: 2-year Regular Victor Burke David Castillo ag091206 Page 6 of 17 ITEM # ITEM DESCRIPTION Mark Tepper Stephen Hafer Greg Garcia Mike Ridgley Jack Clark 2-year Alternate Brent Holdridge Craig Pritzlaff Parks and Recreation Board (Youth Advisors): 1-year Student Regular Devin Bailey Greg Toth 1-year Student Alternate Whitney Sun Planning and Zoning Commission: 2-year Regular Gregory Frnka Anna Kittrell John Fox Councilmember Hinojosa-Flores requested that the slate for the Planning and Zoning Commission be pulled to be considered separately. Action: Councilmember York moved to approve the appointments as read without the inclusion of Planning and Zoning. 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. Action: Councilmember Peters moved to approve the appointment of Greg Frnka, Anna Kittrell and John Fox to the Planning and Zoning Commission. Councilmember York seconded the motion; the motion carried 5-2 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Franklin and York voting in favor of the motion and Councilmembers Hinojosa-Flores and Tunnell voting against the motion. ag091206 Page 7 of 17 ITEM # ITEM DESCRIPTION 12. PUBLIC HEARING: Consider approval of Case No. S-1235-TC, Healthy Me Marketplace, zoning change request from TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995- square-foot grocery, restaurant and cooking school, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Kathy Frazier, Applicant, 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 Case No. S-1235-TC, Healthy Me Marketplace, zoning change request from TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot grocery, restaurant and cooking school, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd.; subject to the following conditions: 1) The development shall be in accordance with the site plan, floor plan and sign elevations; and 2) The hours of operation shall not exceed 7:00 a.m. to 11:00 p.m., 7 days a week. Councilmember York 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 Case No. PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A, zoning change request from 2F-9 (Two Family-9) to ag091206 Page 8 of 17 ITEM # ITEM DESCRIPTION PD-200-SF-12 (Planned Development Revised -200, Single Family-12) to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. John Margetis, Applicant, answered questions of Council. Ken Griffin, Director of Engineering and Public Works, answered questions of Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve Case No. PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A, zoning change request from 2F-9 (Two Family-9) to PD-200-SF-12 (Planned Development Revised -200, Single Family-12) to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes; subject to the following conditions: 1) The Engineering Department is not in favor of these 4 homes going in with a private sanitary sewer system, and believes all 4 sites could drain to a public sewer line in Summer Place, via a gravity system; 2) A Tree Removal Permit is required prior to removal of any trees; 3) Contact Larry Redick at 972-323-8917 to discuss electric equipment locations; and 4) Reduce fire lane width to 24’ and remove 15’ building line from Lot 1. ag091206 Page 9 of 17 ITEM # ITEM DESCRIPTION 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. PUBLIC HEARING: Consider approval of Petterson Addition, Lots 1-4, Block A, Replat, being a replat of Lots 1 and 2, to allow the construction of four single- family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes. 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 Hinojosa-Flores moved to close the Public Hearing and approve Petterson Addition, Lots 1-4, Block A, Replat, being a replat of Lots 1 and 2, to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive, at the request of John Margetis, Endeavor Custom Homes; subject to the following conditions: 1. Depict all easements being abandoned by this plat; 2 Comply with the attached Departmental Comment Sheet; and 3. Contact Larry Redick at 972-323-8917 to discuss easement requirements. Councilmember Tunnell 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. ag091206 Page 10 of 17 ITEM # ITEM DESCRIPTION 15. PUBLIC HEARING: Consider approval of the Case No. S-1236-A, MetroPCS, zoning change request from A (Agriculture) to S-1236-A (Special Use Permit-1236- Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet with enclosure at the base of the tower, located approximately 1,700-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Dave Green, Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. S-1236-A, MetroPCS, zoning change request from A (Agriculture) to S- 1236-A (Special Use Permit-1236-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet with enclosure at the base of the tower, located approximately 1,700-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road; subject to the following conditions: 1) Departmental comments (Engineering) as follows: a. More information is needed on the “15’ access easement.” • Where does it connect? • What is the driving surface (must support emergency apparatus)? b. What utilities are proposed in the 5’ utility easement? There does not appear to be a corresponding utility easement on the adjacent lot. ag091206 Page 11 of 17 ITEM # ITEM DESCRIPTION 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. 16. PUBLIC HEARING: Consider approval of Case No. S-1234-SF-12, ARK Church, zoning change request from SF-12 (Single Family-12) to S-1234-SF-12 (Special Use Permit-1234-Single Family-12), to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at E. 517 Sandy Lake Road at the southwest corner of Holly Street. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Ralph Martinez, Architect, along with Bhyng G. Shin, Applicant, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those wishing to speak on this item. A. Bill Sieling, 140 Holly, expressed concerns regarding parking. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:30 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:48 p.m. and re-opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Peters moved to close the Public Hearing and approve Case No. S-1234-SF-12, ARK Church, zoning change request from SF-12 (Single ag091206 Page 12 of 17 ITEM # ITEM DESCRIPTION Family-12) to S-1234-SF-12 (Special Use Permit-1234-Single Family-12), to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at E. 517 Sandy Lake Road at the southwest corner of Holly Street; subject to the following conditions: 1) Indicate specifications for all materials to be used on black and white elevations, and include Austin Stone in place of EFIS; 2) A Tree Removal Permit is required prior to the start of construction; 3) Contact Larry Redick at 972-323-8917 to discuss electric load requirements; 4) Change adjacent zoning to the west to read “PD-99-SF-7”; 5) Rectify the discrepancies between the landscaping plant list, tree survey and what is actually shown on the drawing; 6) Show tree “T-12” on landscape plan if it is “to remain;” 7) Minimum size of tree is 3” caliper; 8) Ensure landscape plan is prepared and sealed by a registered Landscape Architect; 9) Replace sideyard setback dimension to 25’; 10) Direct the Applicant to work with the Planning Department and Building Official to develop a site plan amendment that would provide for a maximum of 27 parking spots on site for this location. Councilmember York 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. 17. PUBLIC HEARING: Consider approval of the Stringfellow Addition, Lot 1, Block B, Replat, to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at 517 E. Sandy Road at the southwest corner of Holly Street. ag091206 Page 13 of 17 ITEM # ITEM DESCRIPTION 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 Peters moved to close the Public Hearing and approve Stringfellow Addition, Lot 1, Block B, Replat, to allow the construction of a 4,255-square-foot church on approximately 0.6 acres of property located at 517 E. Sandy Road at the southwest corner of Holly Street; subject to the following conditions: 1) Contact Larry Redick at 972-393-8917 to discuss easement requirements; 2) Remove “Minor Plat” from the title block; 3) Indicate what type of easement is proposed to be dedicated on the western property line; 4) Comply with all Engineering comments as follows: a. Utility Plans indicate re-using the existing water/sewer services. Are these adequately sized for the new facility? b. Drainage should be collected on-site and conveyed to the inlet/collection system in Holly Street underground. c. A permit will be required from the Engineering Dept. for construction of the parking lot and utilities. This will require Engineering Plans. d. Impact fees will be assessed based on the capacity of the new facility, and any expanded utility service. 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. 18. PUBLIC HEARING: Consider approval of Case No. PD-214-TH-1, TH-2, C and SF-9, The Ellington, zoning change request from C (Commercial), R (Retail) and ag091206 Page 14 of 17 ITEM # ITEM DESCRIPTION SF-9 (Single Family–9) to PD-214-TH-1, TH-2, C and SF-9 (Planned Development-214-Townhouse-1, Townhouse-2, Commercial and Single- Family), with a Concept Site Plan to allow the development of 125 townhouse units (67 TH-1 units on approximately 11.6 acres of Tract A.1 and 58 TH-2 units on approximately 7.5 acres of Tract A.2); Commercial uses on Tract A.3 (approximately 2 acres) along Sandy Lake Road; and on Tracts A.4 and A.5 (4.4 acres) along Denton Tap Road; SF-9 on 3.3 acres for park/open space, on Tract B for a total of approximately 29.05 acres of property located south of Sandy Lake Road, and west of Denton Tap Road. 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 York moved to continue this item and Public Hearing until October 10, 2006. 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. 19. Consider approval of Council Goals for 2006/2007. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Franklin moved to approve Council Goals for 2006/2007. 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. ag091206 Page 15 of 17 ITEM # ITEM DESCRIPTION 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. City Manager's Report. A. Legislative Update. A. Deputy City Manager Clay Phillips discussed the TML Legislative Update recently held in Dallas and indicated legislation will be proposed regarding various tax, revenue, expenditure, cap, limitations. Other areas of interest include franchise fees, rights of way, utility relocates, etc. where the city’s rights as a municipality are eroded. 22. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the S.H. 121 Dedication and Tolling Update. C. Report by Mayor Pro Tem Faught regarding meeting with Senator Harris. A. Mayor Stover stated there was no report for the Metroplex Mayor’s Meeting. B. Mayor Stover reported that the Governor, County Commissioners, and area Mayors were all in attendance for the dedication for the S. H. 121 Toll Road. The Mayor stated that the tolling of this highway would help provide for some revenues to be able to do much needed road improvements in the Metroplex. He also advised that the collection of tolls for the roadway had been delayed until mid-November. C. Mayor Pro Tem Faught advised that he, along with Councilmember Hinojosa-Flores, Deputy City Manager Clay Phillips, CISD Superintendent Dr. Turner, School Board President Kathy Gautille and School Board member Ratliff had met with Senator Harris regarding various local issues. Mayor Stover stated that Senator Kay Bailey Hutchinson would be speaking at the North Texas Commission. ag091206 Page 16 of 17 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 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. Texas Open Meetings Act. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of land south of Bethel and west of Denton Tap. Mayor Stover re-convened into Executive Session at 9:34 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:21 p.m. and re-opened the Regular Session. 23. 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 ag091206 Page 17 of 17 DEPT: City Manager DATE: September 26, 2006 ITEM #: 8/B   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a revision to the city of Coppell Travel Policy for Mayor and Council. GOAL(S): EXECUTIVE SUMMARY: The previous policy provided $3,000 per elected official. The FY 07 budget amount is $5,000 per elected official. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Travel CITY OF COPPELL CITY COUNCIL NAME OF POLICY: Travel Policy POLICY NUMBER: 001 INDIVIDUALS INVOLVED: Mayor and Council DATE OF INITIAL ADOPTION: July 27, 2004 DATE REVISED: September 26, 2006 PURPOSE The city of Coppell believes that elected officials in fulfilling their responsibilities to our citizens require travel allocations for educational and legislative purposes. The City Council has established this Travel Policy to provide concise guidelines for the use of travel funds allocated under the annual budget. POLICY General Rule: Each City Council Member will be allocated $5,000 to be used for educational and legislative purposes in their role as leaders and stewards of our community. Funds may be utilized in accordance with the City’s fiscal year of October 1 through September 30. Trips shall be for conferences or training sessions sponsored by the following organizations: • National League of Cities • Texas Municipal League • U. S. Conference of Mayors • National Civic League • Representation of the City’s interest with groups related to the legislative bodies and administrative agencies of the United States and the state of Texas, including but not limited to TEX-21, DRMC, North Texas Commission, NCTCOG, etc. • Trips incidental to securing and maintaining the financial condition and beneficial credit rating of the City. Municipal related functions in the Dallas Metroplex such as luncheons, banquets and other events are not covered under this particular travel policy. If an organization requests an elected official’s representation on a board or committee, said organization must provide that written request to the Mayor who shall then be responsible for placing it on the agenda in a manner consistent with the City Council Meeting procedures. Council will then consider approval of such at a regular Council Meeting, and identify a cost to be associated with the service on said committee. The cost estimate shall be provided by the elected official nominated for said position. BUDGET ALLOCATION The City Council has allocated $5,000 per elected official for the fiscal year. Council may, also, provide additional funding for legislative related trips during the annual budget process. TRIPS IN EXCESS OF BUDGETED AMOUNT Any travel that exceeds or will exceed the per capita amount budgeted for an elected official, shall be placed on an agenda for discussion at a Council Meeting Work Session, as well as action in the Regular Meeting. If additional funds are approved by Council, those funds will be transferred from Council Contingency and not from one elected official to another. The Council member requesting additional funds shall make the request for the agenda item in accordance with the City Council’s meeting procedures. TRIP PLANNING The City Manager’s office may in particular instances such as the TML annual conference, assist in making travel reservations for all elected officials wishing to attend. Council Members, for individual travel shall strive to make fourteen (14) day advance reservations for coach travel if air service is required. Lodging shall be at a conference hotel or at lodging of a similar nature, but in no instance exceed the maximum rates paid at any conference hotel. Rental car usage will not be reimbursed unless there are multiple Council Members using the rental car for the same purpose, or it is a solo trip and the Council Member makes a decision that said car would be beneficial to their attendance at the event. Any changes in travel reservations resulting in additional fees, shall be deducted from the annual allocation made per capita. No exception shall be made to this policy. PAYING FOR THE TRIP Council Members shall be responsible for their own registration and travel expenses, unless prior arrangements are made with the City Manager’s office. Within thirty (30) days of returning from a trip, Council Members should submit on the approved City Council Travel Expense Form which is attached as Exhibit A, an accounting of that trip including charges made on the City issued procurement card. Receipts are required for all expenditures except tips, vending machine purchases, and other miscellaneous expenses not to exceed Ten Dollars ($10.00) per day. All expenditures shall be itemized on the City Council Travel Expense Form and all receipts shall be attached to this form. 2 ELIGIBLE EXPENSES Allowable expenses are travel, lodging, meals, parking, gratuities, and registration if required. No funds shall be utilized for expenses outside of these categories. NON-REIMBURSABLE COSTS At no time shall the City be responsible for any incremental expenses of a Council Member’s spouse, child or significant other accompanying them on a trip authorized under this policy. Also, the City shall not reimburse or incur any costs for the registration for events for spouse, child or significant other related to said conference. COUNCIL REVIEW The Council shall be presented a quarterly report in accordance with the existing financial systems. The report will provide a detail of individual expenses incurred by Council Members during the reporting period. 3 Department Division Acct. # Name Date Destination Date of Trip: To: Date Place: Hotel City and State Mode Of Travel Total Miles Transportation Expense Misc. Expense Hotel Expense Meals Totals: 0 $0.00 $0.00 $0.00 $0.00 Total Amount of Advance Requested $0.00 Date: Signed: (employee) Approval Date: Signed: Immd Supervisor Date: Signed: Dept. Director Date: Signed: City Manager (If Applicable) Date Paid: Check # Approved for payment by:___________________________________________________________ Accounting Use Only Reason For Travel: City of Coppell Travel and Training Advance Request **********************************Travel Itinerary Worksheet (Tentative)************************************* I, ______________________ Do hereby certify that the items explained above are due and payable. Payment or credit for the above has not b received from any City or non-city source. Updated 12/01/05 DEPT: Police DATE: September 26, 2006 ITEM #: 8/C   AGENDA REQUEST FORM ITEM CAPTION: 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 $54,034.44; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: This service contract is an annual contract that is funded out of the Police Department budget yearly. FINANCIAL COMMENTS: Funds for this contract have been budgeted in the Police Department. Agenda Request Form - Revised 09/04 Document Name: )motorola-1AR DEPT: City Manager DATE: September 26, 2006 ITEM #: 9   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution endorsing the joint recommendation for regional rail in North Central Texas as approved by the boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (The T) that supports the concept of local option funding of public transit in the region by exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The passage of this resolution would allow the voters of Coppell to consider, if deemed necessary, the implementation of additional sales tax for regional transportation. It will also even the playing field between non-transportation authority cities, such as Coppell, Grapevine, Frisco, etc., and those that belong to a regional transportation agency such as Plano, Carrollton, Farmers Branch and Addison. Staff recommends approval of this resolution in order to promote flexibility and voter initiative regarding regional rail transportation. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !DART RESOLUTION TO SUPPORT THE JOINT RECOMMENDATION FOR REGIONAL RAIL AS APPROVED BY THE BOARDS OF DART, DCTA & THE T RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF COPPELL, TEXAS ENDORSING THE “JOINT RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL TEXAS” AS APPROVED BY THE BOARDS OF DALLAS AREA RAPID TRANSIT (DART), DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) AND THE FORT WORTH TRANSPORTATION AUTHORITY (THE T) THAT SUPPORTS THE CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 2% LOCAL SALES TAX CAP. WHEREAS, the City of Coppell is firmly committed to supporting regional efforts toward addressing the mobility and air quality needs of its citizens and for future generations; and WHEREAS, the City of Coppell believes that the best approach to achieving the goal of providing additional funding capacity to expand rapid transit in the region is by exempting an amount equal to the locally authorized metropolitan transit sales tax from the 2% sales tax cap in cities like Coppell that do not currently have room under the local sales tax cap because of 4A/4B obligations; and WHEREAS, among the existing transit authorities in the region – DART, The T and DCTA – there exists expertise and evidence of cooperation on current and future rail projects that demonstrates their ability to successfully expand rail transit in the region; and WHEREAS, exempting the transit sales tax will also allow current transit member cities to have capacity available for 4A/4B or other purposes such as crime control districts; and WHEREAS, the citizens of Coppell want to ensure that the quality of life remains high in the region and our economy strong and competitive, and transit has an important role in achieving this goal as the population continues to grow toward eight million in the very near future. NOW, THEREFORE, BE IT RESOLVED that on September 26, 2006, the City of Coppell hereby agrees and supports the “Joint Recommendation for Regional Rail in North Central Texas” as put forth by DART, DCTA and The T on the regional transit issue in Exhibit 1 and strongly urges the 80th Texas Legislature to pass legislation exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap in the 9 counties of North Texas that are designated by the Environmental Protection Agency as “non-attainment” for federal air quality standards. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: City Manager DATE: September 26, 2006 ITEM #: 10   AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Annual Report for the Coppell Education Development Corporation. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !CEDC DEPT: City Manager DATE: September 26, 2006 ITEM #: 11   AGENDA REQUEST FORM ITEM CAPTION: Presentation by Gayel Cheng regarding the termination of the horse area lease located on City property. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Lease DATE: September 26, 2006 ITEM #: 12  AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: September 26, 2006 ITEM #: 13   AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover the Drug/Alcohol Community Forum held September 18th. B. Report by Mayor Stover regarding the September 18th Gunman Incident. C. Report by Councilmember Tunnell regarding the NLC Community and Economic Development Meeting Report. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: September 26, 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: September 26, 2006 ITEM #: ES-15   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. Provide Legal Advice concerning Regulations for Alcoholic Beverages. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of property South of Bethel and West of Denton Tap. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: September 26, 2006 ITEM #: ES-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: September 26, 2006 Department Submissions: Item No. 8/C 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)