CP 2007-02-27
NOTICE OF CITY COUNCIL MEETING AND AGENDA
FEBRUARY 27, 2007
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, February 27, 2007, 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.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development prospects on the west side of
Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the Old Coppell Incentive Policy.
B. Discussion regarding the proposed floor plan for the
Senior/Community Center.
C. Discussion regarding Board/Commission Interview Dates.
D. Discussion regarding March 5th Joint City Council/Park Board
Meeting.
E. Review Water Conservation Communication Program.
F. Update on Texas Clean Air Cities Coalition.
G. Discussion regarding 2030.
H. 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.
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ITEM # ITEM DESCRIPTION
5. Invocation.
6. Pledge of Allegiance.
7. Consider approval of a proclamation that sets the month of March, 2007
as American Red Cross Month in Coppell.
8. Consider approval of a proclamation that sets March 4 through 10, 2007
as Severe Weather Awareness Week in Coppell.
9. Report by Library Board.
10. Citizens' Appearances.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: February 13, 2007.
B. Consider approval of an Ordinance amending the Home Rule
Charter by adding Section 11.22, Alcoholic Beverages, providing for
the regulation of liquor or beer sales and regulating alcoholic
beverages; and authorizing the Mayor to sign.
C. Consider approval to rescind the previously awarded Bid # Q 1106-
04 for the annual Reinforced Concrete Paving Repair Project to
Goteck Enterprises and to award the bid to Ken-Do Contracting in
an amount of $300,000 as budgeted in the Infrastructure
Maintenance Fund; and authorize the City Manager to sign.
D. Consider approval of an ordinance amending Section 8-3-6, Truck
Parking to prohibit trucks with a rated capacity over one and one-
half tons from parking on Northpoint Drive, from Sandy Lake Road to
Royal Lane; and authorizing the Mayor to sign.
END OF CONSENT
12. Consider approval of an Ordinance amending the existing Franchise
Ordinance between the City of Coppell and TXU Electric Delivery
Company, to provide for a different payment schedule and an extension
of the term and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
13. Consider approval of an ordinance of the City of Coppell, Texas,
amending the Code of Ordinances by amending Chapter 6, "Business
Regulations", by amending Section 6-9-2, Registration; License by deleting
Subsection A in its entirety and renumbering accordingly; by amending
Subsection F; amending Subsection 6-12 to add Subsection 6-12-3
prohibiting operation of sprinklers when temperatures are at or below
freezing; and authorizing the Mayor to sign.
14. Consider approval of an ordinance of the City of Coppell, Texas,
readopting, ratifying, republishing and extending Ordinance No. 2003-
1030, providing for curfew hours for minors in the City of Coppell, Texas, for
a period of three (3) years; providing a repealing clause; providing a
severability clause; and providing an effective date; and authorizing the
Mayor to sign.
15. City Manager's Report.
A. Energy Management.
B. Update on Town Center Construction Projects.
16. Mayor and Council Reports.
A. Report by Mayor Stover regarding Family Fish on March 3rd.
B. Report by Councilmember Hinojosa-Flores regarding TML Youth
Advisory Council Summit.
C. Report by Councilmember Brancheau regarding American Mayors,
Councilmembers and Commissioners.
17. 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.
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ITEM # ITEM DESCRIPTION
M. Senior Adult Services – Mayor Pro Tem Faught.
18. Necessary action resulting from Work Session.
19. 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 23rd day of February, 2007, 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
2007
Economic Development
• Promote highest and best use of Lesley tract
• Continue to explore large tract development options
• Continue “hot spot” focus
• Refine “Old Coppell” vision
• Assess use/sale/acquisition of City property
• Develop strategy to attract and retain high value office/retail/development
Quality Public Facilities & Infrastructure
• Explore funding sources for IMF
• Implement ½-cent sales tax reallocation for parks
• Continue focus on local/regional transportation efforts
• Provide quality park and recreation facilities
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Optimize citizen communication efforts
• Promote citizen involvement
• Actively participate in the legislative process
Sense of Community
• Develop and support community special events
• Encourage and evaluate teen initiatives
• Reassess viability of City cemetery
• Evaluate services and programs for senior citizen community
• Continue support for social services benefiting Coppell citizens
• Continue partnership with public entities serving our community
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Minimize potential impact of external factors and developments
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
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: February 27, 2007
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.
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: February 27, 2007
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding the Old Coppell Incentive Policy.
B. Discussion regarding the proposed floor plan for the Senior/Community
Center.
C. Discussion regarding Board/Commission Interview Dates.
D. Discussion regarding March 5th Joint City Council/Park Board Meeting.
E. Review Water Conservation Communication Program.
F. Update on Texas Clean Air Cities Coalition.
G. Discussion regarding 2030.
H. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Fire
February 27, 2007
7
✔
PROCLAMATION
Consider approval of a proclamation that sets the month of March, 2007 as American Red Cross Month in Coppell.
This proclamation is in accordance with the federal government's recognition of the month of March, 2007 as
American Red Cross Month in recognition of the humanitarian efforts of this group during national disasters and local
emergencies and the efforts this group performs in preparing citizens for emergencies and disasters.
Staff recommends approval.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Fire
February 27, 2007
8
✔
PROCLAMATION
Consider approval of a proclamation that sets March 4 through 10, 2007 as Severe Weather Awareness Week in
Coppell.
This proclamation is in accordance with the state of Texas recognizing March 4 through March 10, 2007 as Severe
Weather Awareness Week to heighten citizens' awareness to the dangers of Severe Weather and the actions they
need to take to protect themselves.
Staff recommends approval.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
February 27, 2007
9
✔
PRESENTATION
Report by the Library Board.
The Library Board will make their semi-annual presentation to the Council.
No action necessary.
%board
DATE: February 27, 2007
ITEM #: 10
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
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
February 27, 2007
11/A
✔
PROCEDURAL
Consider approval of minutes: February 13, 2007.
Minutes of the City Council meeting held on February 13, 2007.
Staff recommends approval.
%minutes
MINUTES OF FEBRUARY 13, 2007
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, February 13, 2007, 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 (late arrival)
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, Interim Deputy City Secretary Allana
Lamberth 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. Discussion regarding release of information from the
Police Department under the Open Records Act.
3. Legal responsibilities regarding DART property.
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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 5:43 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 6:47 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the Board & Commission Interview
Process.
B. Discussion regarding 2030 Process.
C. Discussion regarding the Old Coppell Incentive Policy.
D. Update on Texas Clean Air Cities Coalition.
E. Discussion regarding Council retreat dates.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Dale Patterson, Hackberry Creek Church, led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation naming February 19, 2007
as AMCAT DAY in the city of Coppell, and authorizing the
Mayor to sign.
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Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Mr. Emmett Kennedy.
Action:
Councilmember Peters moved to approve a proclamation naming
February 19, 2007 as AMCAT DAY in the city of Coppell, and authorizing
the Mayor to sign. 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.
8. Presentation of the Coppell Police Department 2006 Narcotics
and Alcohol Enforcement Report.
Presentation:
Roy Osborne, Police Chief, made a presentation to the Council
concerning narcotics and alcohol.
9. Citizens' Appearances.
A. Tom Burrows, 138 Wynnpage, addressed Council regarding
recycling grass and limbs and high grass not being mowed.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 23, 2007.
B. Consider approval of an ordinance amending Article 8-3.
Parking, Section 8-3-1. B. of the Code of Ordinances for
the City of Coppell by changing the times for no parking
on certain streets in certain school zones; and
authorizing the Mayor to sign.
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C. Consider approval of an ordinance amending Article 8-1.
Speed of Vehicles, Section 8-1-3. Speed on specific
streets. of the Code of Ordinances for the City of Coppell
by establishing 40 miles per hour as the maximum prima
facie speed limit on Sandy Lake Road, between MacArthur
Blvd. and the east city limits; and authorizing the Mayor
to sign.
D. Consider approval of a revision to the Interlocal
Purchasing Agreement between the City of Coppell and
Texas Local Government Purchasing Cooperative and
authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-218-
LI, Shake and Shingle, allowing the recognition of the
existing uses on the southern portion of the property and
the construction of four 14,420-square-foot
office/warehouse buildings on the northern portion of
this 10.2 acre tract of land located on the north side of
Beltline Road, approximately 350 feet east of North Lake
Drive, and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1234-
SF-12, ARK Church, zoning change 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 517 E. Sandy Lake Road, at the
southwest corner of Holly Street, and authorizing the
Mayor to sign.
G. Consider approval of an Ordinance for a text amendment
to the Code of Ordinances, Sec. 12-30-4.1 and 12-30-12.5
Gravel, Sand, Stone or Petroleum Extraction to delete the
requirement for a Special Use Permit and further approve
the incorporation of Article 9-26 of the Code of
Ordinances "Oil and Gas Drilling and Production"
regulating the drilling and production of oil and gas wells
within the City, and authorizing the Mayor to sign.
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H. Consider approval of an Ordinance for Case No. ZC-621-
H(CH) amending the Land Use Plan designation from Light
Industrial/Showroom to Historic and zoning change from
LI (Light Industrial) to H (Historic) on approximately 17.2
acres of property located along the east side of Hammond
Street, north of Burns, being a portion of the property
commonly referred to as the Carter Crowley Tract, and
authorizing the Mayor to sign.
Action:
Mayor Pro Tem Faught moved to approve Consent Agenda Items A, B
carrying Ordinance No. 2007-1151, C carrying Ordinance No. 2007-
1152, D, E carrying Ordinance No. 91500-A-449, F carrying Ordinance
No. 91500-A-450, G carrying Ordinance No. 91500-A-451 and H carrying
Ordinance No. 91500-A-452. 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.
11. PUBLIC HEARING:
Consider approval of Case No. PD-221-HC, Duke Lesley
Addition, zoning change request from HC (Highway
Commercial) to PD-221-HC (Planned Development-221-Highway
Commercial) to allow for tilt-wall construction and additional
attached signage on the office buildings that are 50,000-
square-feet or larger and to allow for the development of mixed
uses, including retail, office, and hotel on a total of 78.5 acres
of property located at the northwest corner of IH-635 and
South Beltline Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Alex Bennett, Applicant, addressed the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
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Action:
Councilmember York moved to close the Public Hearing and approve
Case No. PD-221-HC, Duke Lesley Addition, zoning change request from
HC (Highway Commercial) to PD-221-HC (Planned Development-221-
Highway Commercial) to allow for tilt-wall construction and additional
attached signage on the office buildings that are 50,000-square-feet or
larger and to allow for the development of mixed uses, including retail,
office, and hotel on a total of 78.5 acres of property located at the
northwest corner of IH-635 and South Beltline Road, subject to the
following conditions:
PD-221-HC General purpose and description.
The PD-221-HC district is intended to alter the HC zoning to include
concrete tilt wall construction for office buildings of at least 50,000
square feet in size. Additionally, the district serves to alter the signage
restrictions for office buildings located in the described area.
Sec. 1. Use regulations.
A building or premise shall be used only for the following purposes:
1. Auto parts sales (new).
2. Barber and beauty shop.
3. Business or trade school.
4. Business support services.
5. College or university.
6. Communications services.
7. Community centers (public or private).
8. Consumer repair services.
9. Drug store or pharmacy.
10. Dry cleaning and laundry.
11. Exhibition hall.
12. Film developing and printing.
13. Financial services.
14. Florist (no outside storage).
15. Furniture stores.
16. Hardware store.
17. Hospital.
18. Jeweler (retail).
19. Laboratory: Scientific, research, testing, medical, dental, or optical
so long as all operations are conducted indoors.
20. Meat market (retail only).
21. Municipal buildings.
22. Other general retail sales of similar nature and character as
provided in this section, subject to the following conditions:
(A) that it be conducted wholly within an enclosed building;
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Page 6 of 17
(B) that required yards not be used for display, sale or storage or
merchandise, or for the storage of vehicles, equipment,
containers or waste material;
(C) that all merchandise be first-hand and be sold at retail on
the premises; and
(D) that such use does not promote objectionable odors,
excessive light, smoke, dust, noise, vibration or similar type
nuisance.
23. Office/Warehouse (warehouse being limited to a maximum of 20
percent of the gross floor area).
24. Personal services.
25. Pet services.
26. Photography studio.
27. Postal facilities.
28. Printing shop or company (retail only).
29. Professional and administrative offices where services are provided
only and no chattels or goods are offered for sale on the premises,
including but not limited to doctors, dentists, attorneys, architects,
engineers, urban planners, insurance, real estate, banks and
similar offices.
30. Radio, television or microwave receiving dish (subject to screening
regulations; see section 12-33-1).
31. Temporary buildings for use incidental to construction work on the
premises, which said building shall be removed.
32. Any use permitted by special use permit, as listed in section 12-
30-9, subject to the exceptions set forth in section 12-22-2.
(Ord. No. 91500-A-30; Ord. No. 91500-A-129; Ord. No. 91500-A-275, §
1, 12-12-00; Ord. No. 91500-A-375, § 1, 5-11-04)
Sec. 2. Non-permitted uses.
For clarity, the following uses, though not limited to the following, are
specifically not permitted uses within the "HC" district even with a
special use permit.
1. Airport.
2. Crop production.
3. Kennels.
4. Any use requiring outside storage.
5. Pawn shops.
6. Seed store.
7. Used automobile sales or display, repair garages, tire and seat
cover shops, or auto laundries unless incidental to a service
station.
8. Self-storage or mini-warehouses.
(Ord. No. 91500-A-30; Ord. No. 91500-A-129)
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Sec. 3. Area and height regulations.
1. Minimum size of yards:
(A) Front yard: 60 feet.
(B) Side yard: 30 feet.
(C) Rear yard: 20 feet.
2. Minimum size of lot:
(A) Lot area: 10,000 square feet
(B) Lot width: No minimum.
(C) Lot depth: No minimum.
3. Lot coverage: In no case shall more than 50 percent of the lot be
covered by buildings.
4. Height restrictions: Maximum height of 20 stories, but limited to
70 feet on any portion of the site within 300 feet of property zoned
or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, SF-0, 2F-9, TH-1,
or TH-2. In addition, no structure may exceed the maximum height
limitations as established by the Dallas/Fort Worth International
Airport Board.
(Ord. No. 91500-A-30; Ord. No. 91500-A-129)
Sec. 4. Parking requirements.
Required off-street parking shall be provided in accordance with the
specific uses set forth in article 31. No more than 50 percent of the
required parking shall be utilized in the front yard. No parking or loading
shall be permitted within 20 feet of the front property line.
(Ord. No. 91500-A-30; Ord. No. 91500-A-129)
Sec. 5a. Type of exterior construction
All structures shall be 80 percent masonry exterior exclusive of doors
and windows. Stucco is permitted by special use permit only.
1. Masonry is further defined as brick and stone of earth tone colors,
other brick colors shall be permitted as accent provided that, in
combination, accent materials and non-masonry materials do not
exceed the 20 percent non-masonry benchmark on any one facade.
2. Flat roofs and parapet walls around flat roofs shall have a cornice,
cap or other detail with a vertical dimension equal to at least three
percent of the height of the building. Where as architectural
feature extends above the roofline, and is visible from a public
right-of-way, then the back side of this feature shall be finished of
a material that is of the same or similar material as the front of
this feature, i.e. brick. Pitched roofs shall have roofing material of a
lusterless neutral/earth tone or green color. Green colors shall be
limited to dark forest greens, gray greens, pale bluish-gray greens,
slate greens and copper patina. Metal roofs may be standing seam
either with a baked-on lusterless finish or made of copper.
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Page 8 of 17
3. Exterior wall surfaces should consist of no more than three colors;
a base color, and/or a trim color, and/or an accent color. The base
color may be utilized on up to 100 percent of the surface area of
any one facade of a building. Another color, other than a base
color, shall be permitted on up to only five percent of the surface
area of any one facade, and an accent color on up to only one
percent of the surface area of any one facade. For calculation
purposes, wall surfaces should include eaves, gables and parapets,
but should exclude roofs, awnings, or signs.
4. Glass should not exceed 50 percent of the total area of any one
facade of a building.
5. Awnings are limited to canvas, or a lusterless, non-metal material
that closely resembles canvas, at least 98 percent of which is a
single deep or neutral solid color. The remaining up to two percent,
if different, shall be contrasting. Awnings shall not be backlit.
Lettering and logos should be limited to a monogram, not
exceeding 20 percent of the sign area.
(Ord. No. 91500-A-30; Ord. No. 91500-A-129; Ord. No. 91500-A-319, §§
1, 2, 3-19-02)
Sec. 5b. Type of exterior construction- Office buildings greater than
50,000 SF.
All structures shall be 80 percent masonry exterior exclusive of doors
and windows. Stucco is permitted by special use permit only.
6. Masonry is further defined as concrete tilt wall, brick, stone and
faux stone of earth tone colors, other brick colors shall be
permitted as accent provided that, in combination, accent
materials and non-masonry materials do not exceed the 20 percent
non-masonry benchmark on any one facade.
7. Exterior wall surfaces should consist of no more than three colors;
a base color, and/or a trim color, and/or an accent color. The base
color may be utilized on up to 100 percent of the surface area of
any one facade of a building. Another color, other than a base
color, shall be permitted on up to only five percent of the surface
area of any one facade, and an accent color on up to only one
percent of the surface area of any one facade. For calculation
purposes, wall surfaces should include eaves, gables and parapets,
but should exclude roofs, awnings, or signs.
8. Glass should not exceed 50 percent of the total area of the building
facade.
9. Awnings are limited to canvas, or a lusterless, non-metal material
that closely resembles canvas, at least 98 percent of which is a
single deep or neutral solid color. The remaining up to two percent,
if different, shall be contrasting. Awnings shall not be backlit.
Lettering and logos should be limited to a monogram, not
ag021307
Page 9 of 17
exceeding 20 percent of the sign area. Entry canopies are not
defined as awnings.
(Ord. No. 91500-A-30; Ord. No. 91500-A-129; Ord. No. 91500-A-319, §§
1, 2, 3-19-02)
Sec. 6. Landscaping requirements.
Landscape requirements shall be provided according to article 33.
Additionally, those areas which are specified within the Coppell
Streetscape Plan shall be adhered to.
(Ord. No. 91500-A-30; Ord. No. 91500-A-129)
Sec. 7. Reserved.
Editor's note: Ord. No. 91500-A-318, § 3, adopted March 19, 2002,
repealed § 12-22-7 in its entirety. Formerly, said section pertained to site
plan review as adopted by Ord. No. 91500-A-30, as amended. See the
Code Comparative Table.
Sec. 8 Building Signage.
For buildings in excess of 50,000-square feet, signage shall be limited to
a maximum of 600-square-feet per building with no more than two signs
on any one building facade.
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.
12. PUBLIC HEARING:
Consider approval of Case No. PD-220-SF-12, Alexander Court,
to amend the land use designation on the Comprehensive Land
Use Plan from Neighborhood Retail to Residential Low Density
on approximately four acres of property along Denton Tap
Road and a zoning change request from C (Commercial) to PD-
220-SF-12 (Planned Development-220 Single Family-12), with a
Detail Site Plan, to allow the development of 26 single-family
homes on approximately 18+ acres of property located at the
northwest corner of Bethel and Denton Tap Roads.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
John Hawkins, Applicant, addressed the Council.
ag021307
Page 10 of 17
Public Hearing:
Mayor Stover opened the Public Hearing and advised that Mr. Burrows
had signed up to speak on this proposal and Mr. Burrows indicated he
did not wish to speak.
Action:
Councilmember York moved to close the Public Hearing and approve
Case No. PD-220-SF-12, Alexander Court, to amend the land use
designation on the Comprehensive Land Use Plan from Neighborhood
Retail to Residential Low Density on approximately four acres of property
along Denton Tap Road and a zoning change request from C
(Commercial) to PD-220-SF-12 (Planned Development-220 Single Family-
12), with a Detail Site Plan, to allow the development of 26 single-family
homes on approximately 18+ acres of property located at the northwest
corner of Bethel and Denton Tap Roads, subject to the following
conditions:
1) Establish all common areas as separately platted “X” lots of
sufficient size to assure that all common area improvements (walls
and landscaping) are within those lots, and adjust lot sizes
accordingly.
• These appear to be established; however, no two drawings
match (Site Plan, Landscape Plan, hand drawn, “Rock Wall
Center Line” plan and Screen Wall Entry Features Exhibit) in
terms of location of wall, materials used and wall heights.
2) Relocate the proposed wall along Denton Tap Road to the west side
of the existing sanitary sewer easements and revise Concept
Landscape Plan and common area lot accordingly.
• It appears conceptually to be O.K., except the north end of the
fence needs to angle in towards property to provide access to
existing manhole. The sidewalk needs to be revised from 4’ to 5’
in width.
3) Complete the Tree Survey/Mitigation Plan as required in Sec. 12-
34-2 of the Zoning Ordinance, and compare to the Bethel Road
Improvement Plans.
• Corrected retribution calculations are attached, per John Elias.
Additional surveying of trees in the creek area that are to be
preserved could potentially reduce the $18,700 fee. Also the
Landscape Plan needs to be sealed by a Landscape Architect.
4) Submission of HOA documents to assure perpetual maintenance of
all common areas.
• No applicable documents submitted, and the notes on Plat/Site
Plan need to be revised – including, but not limited to, deletion
ag021307
Page 11 of 17
of “homeowners will be assessed $500 on Jan 15th,” easement
wording needs to be added and spelling errors need to be
corrected.
5) Resolve the conflicts with the size of the property and the boundary
of proposed Lot 8.
• Need to verify size of property.
• Adding a PD condition which states “In the event that the Lot 8
property line is relocated, then this portion of the property shall
be rezoned and replatted.”
6) Add notation to the areas outlined in the cul-de-sacs and at the
entry drive that it is enhanced paving.
• Note added, but due to it being in the street right-of-way, needs
to be stamped concrete and approved by the Engineering
Department. Enhanced paving will not be permitted at the
intersection of Ruth Way and Bethel.
7) The preliminary construction plans for Bethel Road show a grade
differential adjacent to Lots 21, 22, and 26. Please be advised that
prior to the installation of the screening wall and the development
of those lots, the correct grade that matches the Bethel Road plans
will need to be established.
8) Park Development Fees in the amount of $1,285.00 per lot.
9) Retain on the Planned Development Site Plan the note reading:
“The City of Coppell will not have responsibility for maintenance of
the floodway/floodplain area as shown herein. The maintenance
for these areas shall be the sole responsibility of the individual lot
owners adjacent to said areas. These areas are to remain free of
improvements that may obstruct the flow of storm water and
protected from potential erosion by the owners. No fences will be
allowed inn the floodplain or any other structures (pools, decks,
gazebos, etc.) per the City’s Floodplain Ordinance.
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.
13. Consider approval of the Alexander Court, Lots 1-26 Block A,
Preliminary Plat, to allow the subdivision of 26 single-family
lots on approximately 18+ acres of property located at the
northwest corner of Bethel and Denton Tap Roads.
ag021307
Page 12 of 17
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Hinojosa-Flores moved to approve the Alexander Court,
Lots 1-26 Block A, Preliminary Plat, to allow the subdivision of 26 single-
family lots on approximately 18+ acres of property located at the
northwest corner of Bethel and Denton Tap Roads, subject to the
following conditions:
1) Establish all common areas as separately platted “X” lots of
sufficient size to assure that all common area improvements (walls
and landscaping) are within those lots, and adjust lot sizes
accordingly.
• These appear to be established; however, no two drawings
match (Site Plan, Landscape Plan, hand drawn, “Rock Wall
Center Line” plan and Screen Wall Entry Features Exhibit) in
terms of location of wall, materials used, wall height, etc.
2) Submission of HOA documents to assure perpetual maintenance of
all common areas.
• No applicable documents submitted, and the notes on Plat/Site
Plan need to be revised – including, but not limited to, deletion
of “homeowners will be assessed $500 on Jan 15th”, easement
wording needs to be added and spelling errors need to be
corrected.
3) Resolve the conflicts with the size of the property and the boundary
of proposed Lot 8.
4) Add PD Conditions to Preliminary Plat as revised on the PD Site
Plan.
5) The preliminary construction plans for Bethel Road show a grade
differential adjacent to Lots 21, 22, and 26. Please be advised that
prior to the installation of the screening wall and the development
of those lots, the correct grade that matches the Bethel Road plans
will need to be established.
6) Add a note to the Plat that Lots 7-19 cannot be built on until a
LOMA or LOMR has been obtained.
7) The plat shows that the existing 20-foot sanitary sewer easement will
be abandoned. Additional comments will be generated during the plan
review on the actual technique used to abandon the sanitary sewer
after the easement has been abandoned. This will require removal of
the existing manholes and plugging the ends of the existing sanitary
sewer lines.
8. Retain on the Planned Development Site Plan the note reading:
ag021307
Page 13 of 17
“The City of Coppell will not have responsibility for maintenance of the
floodway/floodplain area as shown herein. The maintenance for these
areas shall be the sole responsibility of the individual lot owners
adjacent to said areas. These areas are to remain free of
improvements that may obstruct the flow of storm water and
protected from potential erosion by the owners. No fences will be
allowed inn the floodplain or any other structures (pools, decks,
gazebos, etc.) per the City’s Floodplain Ordinance
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.
14. Consider approval of the Coppell/121 Office Park, Lot 3, Block
1, Site Plan, to allow the development of an approximate
8,290-square-foot, one-story office building on 1.23 acres of
property located along the north side of S.H. 121,
approximately 1,400 feet west of Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Tom Wouters, Applicant, addressed Council.
Action:
Councilmember Franklin moved to approve Coppell/121 Office Park, Lot
3, Block 1, Site Plan, to allow the development of an approximate 8,290-
square-foot, one-story office building on 1.23 acres of property located
along the north side of S.H. 121, approximately 1,400 feet west of Denton
Tap Road, subject to the following condition:
1) Reduce the size of the proposed monument sign to 4’x10’.
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.
ag021307
Page 14 of 17
15. Consider approval of the Coppell/121 Office Park, Lot 3, Block
1, Final Plat, to allow the development of an approximate
8,290-square-foot, one-story office building on 1.23 acres of
property located along the north side of S.H. 121,
approximately 1,400 feet west of Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Franklin moved to approve Coppell/121 Office Park, Lot
3, Block 1, Final Plat, to allow the development of an approximate 8,290-
square-foot, one-story office building on 1.23 acres of property located
along the north side of S.H. 121, approximately 1,400 feet west of Denton
Tap Road, subject to the following conditions:
1) Include recording information for both counties when existing
easements span the County line.
2) Compliance with the following Fire Department comment:
A) Fire hydrant shall be private. Therefore, the double detector
check valve will be required to be 8” to accommodate both
the fire hydrant and automatic fire sprinkler system.
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.
16. Consider approval of awarding bid No. Q-0107-01, for the
installation of West and East Sandy Lake Road landscaping &
irrigation, to A&A Landscape & Irrigations LP, in the amount of
$637,442.51, and authorizing the City Manager to sign the
resulting contract.
Presentation:
Brad Reid, Director of Parks, made a presentation to the Council.
ag021307
Page 15 of 17
Action:
Councilmember Tunnell moved to award bid No. Q-0107-01, for the
installation of West and East Sandy Lake Road landscaping & irrigation,
to A&A Landscape & Irrigations LP, in the amount of $637,442.51, and
authorizing the City Manager to sign the resulting contract.
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.
17. Consider approval of a Resolution to support legislation in the
Texas Legislature requiring mandatory disclosure of real
property sales prices to appraisal districts to ensure the fair
and equitable valuation and taxation of all real property in the
State of Texas and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Peters moved to approve Resolution No. 2007-0213.1 to
support legislation in the Texas Legislature requiring mandatory
disclosure of real property sales prices to appraisal districts to ensure the
fair and equitable valuation and taxation of all real property in the State
of Texas and authorizing the Mayor to sign. 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.
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’
Meeting.
B. Report by Mayor Stover regarding Sweetheart Ball.
C. Report by Mayor Stover regarding Chamber Gala.
A. City Manager Jim Witt reported that the a gentleman from HUD
was the speaker at Metroplex Mayors’ and discussed HUD
foreclosures. Coppell has the third lowest foreclosure rate in the
metroplex.
ag021307
Page 16 of 17
B. Mayor Stover advised that Friday had been the mother/son
sweetheart ball and Saturday had been the father/daughter
sweetheart ball. Mayor Stover congratulated Stacey McCarthy and
Jane Ann Sellars for their work in coordinating the events.
C. Mayor Stover announced that the Chamber Gala would be held on
Saturday where he and his wife would participate in the “Dancing
with the Stars” competition.
WORK SESSION (Open to the Public)
Convene Work Session
D. Discussion regarding the Board & Commission Interview
Process.
E. Discussion regarding 2030 Process.
F. Discussion regarding the Old Coppell Incentive Policy.
G. Update on Texas Clean Air Cities Coalition.
H. Discussion regarding Council retreat dates.
I. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
19. Necessary action resulting from Work Session.
There was no action necessary under this item.
20. 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
ag021307
Page 17 of 17
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
February 27, 2007
11/B
✔
ORDINANCE
Consider approval of an Ordinance amending the Home Rule Charter by adding Section 11.22, Alcoholic Beverages,
providing for the regulation of liquor or beer sales and regulating alcoholic beverages; and authorizing the Mayor to
sign.
This Ordinance ratifies that the Home Rule Charter be amended to reflect the amendment passed by the voters at
the November 7, 2006 election and that the amended Home Rule Charter be filed with the Secretary of State.
Staff recommends approval.
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE HOME RULE CHARTER BY ADDING
SECTION 11.22, ALCOHOLIC BEVERAGES, PROVIDING FOR
THE REGULATION OF LIQUOR OR BEER SALES AND
REGULATING ALCOHOLIC BEVERAGES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE.
WHEREAS, the City of Coppell held an election on November 7, 2006 to
consider a proposition for an amendment to the Home Rule Charter adding Section 11.22
for the purposes of regulating the alcoholic beverages within the City; and
WHEREAS, as a result of such election, a majority of the votes were in favor of
the proposition amending the Home Rule Charter; and
WHEREAS, on or about November 15, 2006 an official canvass was held and
the proposition was found to have been passed; and
WHEREAS, as a result of such election, the City Council hereby amends the
Home Rule Charter by adding Section 11.22 to provide for the regulation of alcoholic
beverages in the City of Coppell.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1. That the Home Rule Charter of the City of Coppell be, and the
same is, hereby amended by adding Section 11.22, which shall read as follows:
“SECTION 11.22 ALCOHOLIC BEVERAGES
A. No person shall be allowed to sell liquor in all or part of the
residential sections of the City.
B. The City Council, may, by ordinance, prohibit the sale of beer
in any residential area of the City and./or regulate the sale of beer and
prescribe the hours when it may be sold as allowed by state law.
C. The City Council may, by ordinance, regulate alcoholic
beverages as permitted under the Constitution and laws of the state.”
Page 1
TM 12260
SECTION 2. That the Home Rule Charter of the City of Coppell, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
SECTION 3. That the City Secretary shall record in the Office of the City
Secretary, the Charter amendments adopted by the voters of the City; and pursuant to
Section 9.007, TEX. LOC. GOV’T CODE, the Mayor shall certify to the Secretary of State
of the State of Texas, an authenticated copy of this Ordinance and said amendments to
the Home Rule Charter under the seal of the City, showing the approval by the qualified
voters of the City of Coppell, Texas.
SECTION 4. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2007.
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/11//06)
Page 2
TM 12260
MAYOR’S CERTIFICATE OF AUTHENTICATION
Pursuant to TEX. LOC. GOV’T CODE ANN., Section 9.007, I Douglas N. Stover,
Mayor of the City of Coppell, Texas, hereby certify that the above and forgoing is a true
and correct copy of the City of Coppell Ordinance No. _________, adopted by the City
Council of the City of Coppell, Texas, at a duly convened meeting on the ____ day of
___________, 2007, which is attached thereto as Exhibit “A” and is a true and correct
copy of the amendment to the City of Coppell Home Rule Charter as authorized and
approved by the voters of the City of Lancaster at an election held for that purpose on
November 7, 2006.
This certificate of authentication executed this ____ day of January, 2007.
Douglas N. Stover, Mayor
ATTEST:
________________________________
Libby Ball, City Secretary
Seal of the City of Coppell, Texas
APPROVED AS TO FORM:
________________________________
Robert E. Hager, City Attorney
Page 3
TM 12260
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Engineering
February 27, 2007
11/C
✔
CONTRACT/BID or PROPOSAL
Consider approval to rescind the previously awarded Bid # Q 1106-04 for the annual Reinforced Concrete Paving
Repair Project to Goteck Enterprises and to award the bid to Ken-Do Contracting L.P. in an amount of $300,000, as
budgeted in the Infrastructure Maintenance Fund; and authorize the City Manager to sign.
Approval of this project will allow repairs to begin on the citizen generated street and alley repair lists.
Staff will be available to answer any questions at the council meeting.
Funds are available in the Infrastructure Maintenance Fund for this project.
Staff recommends approval of the award of the bid to Ken-Do
Contracting in an amount of $300,000 for the annual Street and Alley
Repair Project.
#Annual Street Repair Project
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:February 27, 2007
REF: Consider approval to rescind the previously awarded Bid #Q-1106-04 for the
annual Reinforced Concrete Paving Repair Project to Goteck Enterprises and
approval to award the bid to Ken-Do Contracting L.P. in an amount of
$300,000, as budgeted in the Infrastructure Maintenance Fund; and
authorizing the City Manager to sign.
On December 19, 2006, the City of Coppell received and opened 7 bids for our yearly street and
alley repair program. The contract for this project has a clause to extend the contract for up to
four additional one-year periods. Our street and alley repair program for 2007 consists of
approximately 4,000 square yards of street repair, at over 50 locations and approximately 2,500
square yards of alley repair at over 60 locations. Also, it includes the removal and replacement of
approximately 100 linear feet of curbs at 10 locations.
On January 23, 2007, the City of Coppell awarded the bid for street repair to Goteck Enterprises,
who was the low bidder. Since that time, representatives of Goteck Enterprises have alerted the
Purchasing Department that they are unable to bond up to $300,000. We gave Goteck
Enterprises until February 20, 2007 to provide us with proof of their ability to bond up to
$300,000. That timeline has passed and we did not hear from Goteck Enterprises.
Therefore, this agenda item is being presented to rescind the previously awarded bid to Goteck
Enterprises and to award the bid to the second low bidder, Ken-Do Contracting, L.P. Ken-Do's
bid is approximately $18,000 higher than Goteck; however, their bid is still approximately 11%
lower than our current contractor working on pavement repair. We allocate $300,000 per year in
the Infrastructure Maintenance Fund for street and alley repairs and based on the current requests
that we have, the Ken-Do Contracting bid totaled $347,904.50.
Ken-Do Contracting L.P. has not previously worked in the City of Coppell; however, their
references for completed projects included the City's of Benbrook, Grapevine, University Park,
Desoto, Farmers Branch, Highland Park, Irving, Lewisville, Arlington, Plano and Duncanville.
The Engineering Department recommends awarding the FY 06/07 Street and Alley Replacement
Project to Ken-Do Contracting L.P. in an amount of $300,000, as budgeted in the Infrastructure
Maintenance Fund. Staff will be available to answer any questions at the council meeting.
BID TABULATION: REINFORCED CONCRETE PAVEMENT REPAIRS FY 06/07 BID #Q-1106-04Page 1 of 1Item Quantity UnitDescriptionGOTECK KEN-DO ESTRADA PAVEMENTSERVICESI-1BaseBid3983 SY Remove/Replace StreetFailures$48.00 $ 191,184.00 $56.00 $ 223,048.00 $58.50 $ 233,005.50 $62.14 $ 247,503.62I-2 994 SY Add Thickness/ Per Inch $7.00 $ 6,958.00 $1.75 $ 1,739.50 $1.00 $ 994.00 $6.84 $ 6,798.96II-1 2474 SY Remove/Replace AlleyFailures$52.00 $ 128,648.00 $48.00 $ 118,752.00 $60.75 $ 150,295.50 $61.86 $ 153,041.64III-1 97 LF Remove/Replace Curb &Gutter Failures$25.00 $ 2,425.00 $45.00 $ 4,365.00 $25.00 $ 2,425.00 $32.97 $ 3,198.09Completion prior to September 30, 2007$329,215.00$347,904.50 $386,720.00 $410,542.31Item Quantity UnitDescriptionARTCO JIM BOWMAN TEXASSTANDARDI-1BaseBid3983 SY Remove/Replace StreetFailures$71.00 $282,793.00 $84.00 $334,572.00 $106.00 $422,198.00I-2 994 SY Add Thickness/ Per Inch $4.00 $ 3,976.00 $5.00 $ 4,970.00 $40.00 $ 39,760.00II-1 2474 SY Remove/Replace AlleyFailures$71.00 $175,654.00 $95.00 $235,030.00 $94.00 $232,556.00III-1 97 LF Remove/Replace Curb &Gutter Failures$33.00 $3,201.00 $25.00 $2,425.00 $52.00 $5,044.00Completion prior to September 30, 2007 $465,624.00$576,997.00 $699,558.00
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Engineering
February 27, 2007
11/D
✔
ORDINANCE
Consider approval of an ordinance amending Section 8-3-6, Truck Parking to prohibit trucks with a rated capacity over
one and one-half tons from parking on Northpoint Drive, from Sandy Lake Road to Royal Lane; and authorizing the
Mayor to sign.
Approval of this ordinance will prohibit large trucks from parking along Northpoint Drive.
Staff will be available to answer any questions at the council meeting.
Staff recommends approval of the ordinance to prohibiting parking on
Northpoint Drive, between Sandy Lake Rd. and Royal Ln.
#Northpoint No Parking Ord
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:February 27, 2007
REF: Consider approval of an ordinance amending Section 8-3-6, Truck Parking to
prohibit trucks with a rated capacity over one and one-half tons from parking
on Northpoint Drive, from Sandy Lake Road to Royal Lane; and authorizing
the Mayor to sign.
Recently, the Economic Development Coordinator was contacted by an owner of property along
Northpoint Drive, south of Sandy Lake Road, concerning large trucks parking along the sides of
the roadway. The property owner had initially requested that all parking be restricted along
Northpoint Drive, from Sandy Lake Road south and west to Royal Lane. However, after
subsequent conversations with the property owner, he had asked that as an initial step only trucks
with a rated capacity over one and one-half tons be restricted from parking on Northpoint Drive.
He stated that he had contacted several property owners requesting that any cars parking on the
street be moved to the appropriate adjacent parking lots.
Council may recall that back in the late 90's and early 2000, similar ordinances were brought
forth to restrict trucks on Burns and Hammond. Because this request was made by an adjacent
property owner and the fact that the parking of larger trucks adjacent to the curb line restrict
visibility from entering and exiting various parking lots, staff supports the request to restrict
trucks in excess of one and one-half tons from parking along both sides of Northpoint Drive,
from Sandy Lake Road, south and west to its intersection with Royal Lane.
Staff will be available to answer any questions at the council meeting.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES, ARTICLE 8-3 PARKING,
SECTION 8-3-6, TO PROHIBIT PARKING OF VEHICLES OVER ONE
AND ONE-HALF TONS ON NORTHPOINT DRIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) PER 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 Article 8-3, Section 8-3-6 of the Code of Ordinances of the City of
Coppell, Texas is hereby amended to read as follows:
“Sec. 8-3-6. Truck parking (excess of one and one-half tons).
B. A person commits an offense if he stops, parks, or stands a vehicle
with a rated capacity over one and one-half tons according to the
manufacturer’s classification on the following streets:
. . .
Northpoint Drive From its point of intersection with
Sandy Lake Road south and
westward to its point of intersection
with Royal Lane.
… ."
SECTION 2.That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3.That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 4.That any person, firm or corporation violating any of the provisions of this
ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense, and each
and every day said violation is continued shall constitute a separate offense.
SECTION 5.That this ordinance shall take effect immediately from and after its passage as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2007.
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
February 27, 2007
12
✔
ORDINANCE
Consider approval of an Ordinance amending the existing Franchise Ordinance between the City of Coppell and TXU
Electric Delivery Company, to provide for a different payment schedule and an extension of the term and authorizing
the Mayor to sign.
This amending Ordinance will provide for quarterly electric franchise payments rather than an annual payment each
May. The quarterly payments will improve the City's cash flow and provide an opportunity for additional interest
earnings. Due to the fact the first three quarterly payment dates have past, the prior quarterly payments will be made
within thirty days of the effective date of the amended franchise Ordinance, if approved. This amendment also
extends our current franchise agreement with TXU Electric Delivery for an additional five years expiring on August 31,
2015.
Staff recommends approval of this Ordinance.
$TXUFranchiseORD1-AR
June 9,2006
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Blvd.
Coppell Texas, 750 19
Dear Mr. Witt:
At the request of your City and in accordance with the Letter Agreement dated
May 18, 2006, enclosed is a copy of the proposed electric franchise amendment for
the City of Coppell. This ordinance amends your existing franchise to provide for
a quarterly payment schedule and an extension of the current franchise term.
Should you have any further questions, please let me know.
Sincerely,
E@ closures
ftTXUElectricDeliveryTXU
Electric Delivery Jerry Bates Josey
Lane Town Manager Farmers Branch
TXTel Fax City
of Coppell Parkway Boulevard
Coppell Texas May Re
Extension and Modification
of Settlement Between
TXU Electric Delivery
and the Steering
Committee ofCities Served by TXU Electric Delivery Agreement to Resolve
Outstanding Franchise Issues Dear Mayor Stover As we told you inearly
January TXU Electric Delivery
Company Electric Delivery
and the Steering Committee of Cities Served by TXU Electric Delivery Steering Committee
have agreed to extend the February settlement between Electric Delivery and the
Steering Committee and to resolve outstanding franchise issues Copies of the January
Extension and Modification of Settlement Agreement and the January Agreement to Resolve
Outstanding Franchise Issues that reflect those agreements between Electric Delivery and the Steering
Committee are enclosed with this Letter Agreement as Enclosures Iand respectively
The purpose ofthis Letter Agreement is tooffer your city benefits
comparable to the benefits reflected in those agreements Please note that paragraphs through
of this Letter Agreement are available to your city only if your city also
agrees to the provisions in paragraphs through Extension and Modification of Settlement Ae
reement In consideration for your city s continuing agreement not to initiate a Show Cause Action
or similar
proceeding concerning Electric Delivery s ratesbefore
July and not to intervene in or participate inany manner in any Show Cause
Action concerning Electric Delivery srates initiated at the Public Utility Commission of Texas
PUC or in any other jurisdiction prior to July Electric Delivery will make a cash
payment of to your city on March March and March The amounts paid under
this Letter Agreement are paid solely in consideration for your city s forbearance from filing pursuing
or intervening in any Show Cause Action or
similar proceeding against Electric Delivery and are not a rate reduction refund rebate
discount preference or privilege of any kind for services provided by Electric Delivery
Electric Delivery s obligation to make the payments described in paragraph ceases on
the date that your city initiates intervenes in or participates in a Show Cause Action or
similar proceeding the date that Electric Delivery ceases to have any obligation to pay any
amounts to Steering Committee under paragraph of the January Extension and Modification of Settlement
Agreement Enclosure or the date that the tariffs approved in Electric Delivery s
next system wide rate case at the PUC or in a city rate inquiry become effective on
a temporary or permanent basis Termination Date provided however in the year the new
tariffs become effective the annual payment shall be prorated until the Termination
Date Electric Delivery and the Steering Committee have also agreed
in the January Extension and Modification ofSettlement Agreement Enclosure to pursue discussions concerning
various subjects Any improved processes or revised tariffs that result from
that agreement will be made available toand will be applicable
to your city Electric Delivery also agrees to pay your city for beneficial public use days
after Electric Delivery receives an executed original of this Letter AgreementElectric Delivery also agrees to
pay your city for beneficial public use on March Your city agrees to
apply both of these amounts for beneficial public use The determination of what activities are beneficial
to the public is within the discretion of your city Those activities include but are
not limited toenergy education for citizens reductions in rates for city services investments
in community facilities and investments in energy efficiency measures Ae reement to Resolve Outstandine
Franchise Issues As described in the enclosed January Agreement to Resolve Outstanding Franchise
Issues Enclosure to recognize the
increasing cost and complexity ofmanaging utilities
in public rights of way Electric Delivery agrees to increase the franchise fee
factor for your city effective January by Electric Delivery will also increase
the franchise fee factor for your city an additional on January on January
and on January for a total potential increase of above the franchise fee factor in
effect onDecember Electric Delivery s obligation to increase its franchise fee payments to reflect the
increased franchise fee factors described in this paragraph ceases on the date upon which Electric Delivery is
called in for a rate case by any municipality a proceeding concerning Electric Delivery
s rates isinitiated under Subchapters Cor Dofthe Public Utility
Regulatory Act Tex Uti Code Title PURA Chapter a proceeding affecting Electric Delivery s rates is initiated
as aresult of a settlement or legislation becomes effective that modifies the franchise
fee authorized by the PURA Your city s acceptance of paragraphs through of thisLetter
Agreement signifies its agreement that if the PUC denies recovery in Electric Delivery s
rates of the fees associated with the increased franchise fee factors described in paragraph then
the franchise fee factor in your
city immediately reverts to the franchise fee factor in effect in
your city on December Electric Delivery will not seek to impose a refund or credit obligation
on your city for franchise fees already paid under the increased franchise fee factors
If your
city receives its annual franchise fee payments from Electric Delivery on aprospective basis and
your city would like to instead receive those prospective franchise fee payments on
a quarterly basis then Electric Delivery agrees to amend your existing franchise agreement in
a manner that is consistent with paragraph of the enclosed January Agreement to Resolve
Outstanding Franchise Issues Enclosure The cities who are not members of the
Steering Committee who are eligible to choose this option are listed on Attachment to this
Letter Agreement If your city is not listed on Attachment to this Letter Agreement then your city
isnot eligible to choose the option described in this paragraph Execution Instructions If your city
agrees to the provisions
ofparagraphs
through of this Letter Agreement please have a properly authorized representative of your city sign in
the first space reflected below and return the executed original to the undersigned If
your city agrees to the provisions in paragraphs through then your
citymay also agree to the provisions in paragraph through by having a properly authorized representative of
your city sign in the second space reflected below and returning the fully executed original
to the undersigned The offers reflected in this Letter Agreement expire on July tf
Town Manager PARAGRAPHS THROUGH ARE AGREED
TO AND ACCEPTED CityOf By Its Date PARAGRAPHS THROUGH ARE AGREED TO AND
ACCEPTED
CityOfCO By
Its Date fJ CJ
Summary of ProDosed Letter AI
eement The following is asummary of the major provisions of the proposed Letter Agreement from TXUElectricDeliveryElectricDeliveryIfthereisanydifferencebetweenthisSummaryandtheproposedLetterAgreementtheLetterAgreementwillcontrolTheoffersintheLetterAgreementexpireonJulyParagraphs
through of the proposed Letter Agreement provide the following The Letter Agreement
extends the previous settlement until July Your city agrees not to initiate or participate in aShowCauseActionorsimilarproceedingconcerningElectricDeliverysratesbeforeJulyAnnual March
payments ofwill continue until March Those payments cease if o your city or a Steering
Committee city initiates or
participates in a Show Cause Action or similar proceeding concerning Electric Delivery s rates or new tariffs are
approved forElectric Delivery Your city will
get thebenefit of any improved process or
revised tariffs that result from the extension of theSteering Committee settlement Electric Delivery will pay your cityanamountseeLetterAgreement
for beneficial public use days after Electric Delivery receives an executed original ofthe Letter AgreementElectricDeliverywillpayyourcityanotherpaymentforbeneficialpublicuseonMarchParagraphsthroughoftheproposedLetterAgreementprovidethefollowingElectricDeliverywillincrease
your city s franchise fee factor by effective January and another on
January January and January for a total potential increase ofElectric Delivery s obligation to pay theincreasedfranchisefeefactorsceasesifoifanycitycallsElectricDeliveryinforaratecaseoif
thePUC initiates arate case for Electric Delivery or if Electric Delivery
files a rate case at the PUC o a proceeding affecting Electric
Delivery s rates is initiated as a result ofa settlement orolegislation becomes effective that modifies the franchise fee authorizedby
the Utilities Code Ifthe PUC denies recovery in Electric Delivery s rates of the increased
franchise feesthen the franchise fee factor in your city will revert tothe
franchise fee factor in effect in your city on December Electric Delivery will not seek a refund
offees already paid Eligible cities who receive their annual franchise fees on a prospective basis can choose to
receive those prospective franchise fees on a quarterly basis OJ
Page 1 of 2
ORDINANCE NO. __________
AN ORDINANCE AMENDING EXISTING FRANCHISE ORDINANCE BETWEEN THE
CITY OF COPPELL AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS
CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT
PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM;
PROVIDING FOR TXU ELECTRIC DELIVERY ACCEPTANCE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, TXU Electric Delivery Company, successor in interest to Oncor Electric
Delivery Company (hereinafter called “Company”) is engaged in the business of providing electric
utility service within the City of Coppell, Texas (hereinafter called “City”) and is using the public
rights-of-ways within the City for that purpose under the terms of a franchise ordinance heretofore
duly passed by the governing body of the City and duly accepted by Company; and
WHEREAS, pursuant to Letter Agreement to Resolve Outstanding Franchise Issues dated
May 18, 2006, the City has requested and Company has agreed to amend said franchise ordinance
to provide for a different payment schedule and an extension of the term;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS: that
SECTION 1: The franchise, as amended, between the City and Company is amended as
follows:
A. A final annual payment was made on or before May 15, 2006, based on each
kilowatt hour of electricity delivered by Company during the preceding twelve-
month period ending March 31, 2006, to each retail customer whose consuming
facility’s point of delivery is located within the City’s municipal boundaries. This
payment was for the rights and privileges granted under the franchise for the twelve
month period June 1, 2006 – May 31, 2007.
Effective August 15, 2006 the annual prospective payment schedule is hereby
changed to a quarterly prospective schedule as follows:
Payment Due Date Basis Period Privilege Period
(Following Year)
August 15 Apr. 1 – June 30 June 1 – Aug. 31
November 15 July 1 – Sept. 30 Sept. 1 – Nov. 30
February 15 Oct. 1 – Dec. 31 Dec. 1 – Feb. 28(29)
May 15 Jan. 1 – Mar. 31 Mar. 1 – May 31
The first quarterly payment will be due and payable on or before August 15, 2006,
based on the period beginning April 1, 2006 and ending June 30, 2006 for the rights
and privileges granted under the franchise during the period beginning June 1, 2007
and ending August 31, 2007. If this franchise amendment is not effective prior to the
first quarterly payment date, Company will pay any quarterly payments due within
30 days of the effective date of this amendment. Subsequent payments will be made
Page 2 of 2
on a quarterly basis as provided in the above schedule. The final payment under this
Franchise will be made on or before August 15, 2014, based on the period beginning
April 1, 2014 and ending June 30, 2014, for the rights and privileges beginning June
1, 2015 and ending August 31, 2015.
After the final payment date of August 15, 2014, Company may continue to make
additional quarterly payments in accordance with the above schedule. City
acknowledges that such continued payments will correspond to privilege periods that
extend beyond the term of this franchise and that such continued payments will be
recognized in any subsequent franchise agreement as full payment for the relevant
quarterly periods; and
B. The term of the franchise is hereby extended for an additional five years to expire on
August 31, 2015.
SECTION 2: In all respects, except as specifically and expressly amended by this
ordinance, the franchise heretofore duly passed by the governing body of the City and duly accepted
by Company shall remain in full force and effect according to its terms until said franchise
ordinance terminates as provided herein.
SECTION 3: This ordinance shall take effect upon its final passage and Company’s
acceptance. Company shall, within sixty (60) days from the passage of this ordinance, file its
written acceptance of this ordinance with the Office of the City Secretary.
SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time, place
and purpose of said meeting was given as required.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, this the ___ day of ________________, 2007.
____________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED AS TO FORM:
______________________________
City Attorney
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
February 27, 2007
13
✔
ORDINANCE
Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances by
amending Chapter 6, "Business Regulations", by amending Section 6-9-2, Registration; License by deleting Subsection A
in its entirety and renumbering accordingly; by amending Subsection F; amending Subsection 6-12 to add Subsection
6-12-3 prohibiting operation of sprinklers when temperatures are at or below freezing; and authorizing the Mayor to
sign.
The City of Coppell desires to make it unlawful for any person or organization owning or operating a lawn
sprinkler system within the city to permit water spray or run off from said sprinkler system to freeze onto any streets,
alleys, sidewalks or thoroughfares of the city. The creation of such a dangerous and hazardous condition would be
considered a nuisance per say and would be subject to redress and abatement by the City.
Staff recommends approval.
)Sprinkler Ordinance
13785
ORDINANCE NO._______
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
“BUSINESS REGULATIONS,” BY AMENDING SECTION 6-9-2,
REGISTRATION; LICENSE BY DELETING SUBSECTION A IN ITS
ENTIRETY AND RENUMBERING ACCORDINGLY; BY AMENDING
SUBSECTION F; AMENDING SUBSECTION 6-12 TO ADD
SUBSECTION 6-12-3 PROHIBITING OPERATION OF SPRINKLERS
WHEN TEMPERATURE IS AT OR BELOW FREEZING; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that Chapter 6 should be updated and
amended to provide for the changes wherein this provision applies.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1.That Chapter 6 of the City of Coppell Code of Ordinances, be and the
same is hereby amended, by repealing Section 6-9-2(A) in its entirety and renumbering
accordingly, and by repealing Section 6-9-2(F) in its entirety and providing for a new Subsection
(E) which states as follows:
“Section 6-9-2(A) . . . without first having registered the wrecker with the city.
. . . . .
Section 6-9-2(E) The Chief of Police of shall, within a reasonable time after the date of
application, issue the registration or license, as the case may be, to the applicant who complies
with the provisions of this Article.”
SECTION 2. Chapter 6 of the City of Coppell Code of Ordinances, be and the same is
hereby amended, by adding a new Section 6-12-3. Unlawful to operate sprinklers when the
temperature is at or below freezing. Which shall read as follows:
“ARTICLE 6-12 Lawn Sprinklers
. . . . .
13785
Sec. 6-12-3 Unlawful to operate sprinklers when temperature is at or below freezing.
It shall be unlawful for any person or organization owning or operating a lawn sprinkler
system within the City to permit water spray or run off from said sprinkler system to freeze onto
any streets, alleys, sidewalks or thoroughfares of the City. The creation of such a dangerous and
hazardous condition is hereby declared to be a nuisance per say and is subject to redress and
abatement by the City.
. . . . . ”
SECTION 3: That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the Ordinances of the City 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.That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2007.
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
13785
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
February 27, 2007
14
✔
ORDINANCE
Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and
extending Ordinance No. 2003-1030, providing for curfew hours for minors in the City of Coppell, Texas, for a period of
three (3) years; providing a repealing clause; providing a severability clause; and providing an effective date; and
authorizing the Mayor to sign.
In March of 2000 the City Council passed and adopted Ordinance No. 2000-906, which provides for "Curfew
Hours for Minors" establishing such curfew hours and penalties for violations thereof. Chapter 370.002 of the Texas
Local Government Code provides that the City Council shall review the Article and conditions the ordinance was
intended to remedy three (3) years from its date of passage and every third year thereafter. In March 2003 the City
Council readopted and extended this Ordinance No. 2003-1030.
The City of Coppell Police Department desires to continue Ordinance No. 2003-1030 without any modifications,
and schedule the same for review in February 2010.
Staff recommends approval.
)Curfew Ordinance
Page 1
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
READOPTING, RATIFYING, REPUBLISHING AND EXTENDING
ORDINANCE NO. 2003-1030, CODIFIED AS CHAPTER 9 OF THE CODE
OF ORDINANCES, ARTICLE 9-17, CURFEW HOURS FOR MINORS,
FOR A PERIOD OF THREE (3) YEARS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has previously passed and adopted Ordinance No. 2003-
1030, which provides for “Curfew Hours for Minors” establishing such curfew hours and
penalties for violations thereof; and
WHEREAS, such Ordinance has been codified as Chapter 9, Article 9-17, Sections 9-
17-1 through 9-17-6, of the Code of Ordinances; and
WHEREAS, Chapter 370.002 of the TEXAS LOCAL GOVERNMENT CODE, as amended,
provides that the City Council shall review the Article and conditions the ordinance was intended
to remedy three (3) years from its date of passage and every third year thereafter and conduct
public hearings to determine the need to continue, modify or abolish the ordinance; and
WHEREAS, prior to the expiration of such three (3) year period, the Police Department
has furnished records and reports indicating the need for such ordinance to remain in effect; and
WHEREAS, the City desires to continue the provisions of the Code without any
modifications and schedule the same for review in February 2010.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.That Ordinance No. 2003-1030, codified as Chapter 9, Article 9-17,
Sections 9-17-1 through 9-17-6 of the Code of Ordinances is hereby readopted, ratified,
republished and extended from the date of its execution and shall remain in effect through
February 2010, unless otherwise terminated under the provisions of State law.
SECTION 2.That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
Page 2
SECTION 3.That should any word, phrase, paragraph, or section of this ordinance or of
the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of
the Code of Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of
_______________, 2007.
APPROVED:
By:
DOUGLAS N. STOVER, MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 2/16/07)
DATE: February 27, 2007
ITEM #: 15
AGENDA REQUEST FORM
CITY MANAGER'S REPORT
A. Energy Management.
B. Update on Town Center Construction Projects.
Agenda Request Form - Revised 09/05 Document Name: %manager rept
DATE: February 27, 2007
ITEM #: 16
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Family Fish on March 3rd.
B. Report by Councilmember Hinojosa-Flores regarding TML Youth Advisory Council
Summit.
C. Report by Councilmember Brancheau regarding American Mayors,
Councilmembers and Commissioners.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: February 27, 2007
ITEM #: 17
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: February 27, 2007
ITEM #: 18
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: February 27, 2007
ITEM #: 19
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: February 27, 2007
Department Submissions:
Item Nos. 7 & 8 were placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Requests (and any backup if applicable) and hereby submit these items to
the City Council for consideration.
____________________
Fire Department
Item Nos. 11/C & 11/D were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item Nos. 13 & 14 were placed on the Agenda for the above-referenced
City Council meeting by the Police Department. I have reviewed the
Agenda Requests (and any backup if applicable) and hereby submit these
items 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)