CP 2007-03-27
NOTICE OF CITY COUNCIL MEETING AND AGENDA
MARCH 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, March 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.
2. Registered Sex Offenders.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development prospects on the west side of
Coppell.
C. Section 551.072, Texas Government Code – Deliberation regarding
Real Property.
1. Sale of land west of Denton Tap and south of Bethel Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Old Town Development.
B. Boards/Commissions Process Schedule.
C. Discussion regarding the Water Conservation Ordinance.
D. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
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ITEM # ITEM DESCRIPTION
6. Pledge of Allegiance.
7. Presentation of the three (3) winning Tornado Awareness and Safety
posters from the poster contest as part of Severe Weather Awareness
Week.
8. Report by Keep Coppell Beautiful Board.
9. Citizens' Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: February 27, 2007.
B. Consider approval of an Ordinance amending the Code of
Ordinances by amending Chapter 2, Article 2-3, Keep Coppell
Beautiful Board, by amending Section 2-3-2 by providing a provision
for the appointment of two (2) youth advisors and by deleting the
provision for the appointment of one (1) alternate youth advisor to
said board; and authorizing the Mayor to sign.
C. Consider approval of an Ordinance amending the Code of
Ordinances by amending Chapter 2, Article 2-2, Parks and
Recreation Board, by amending Section 2-2-1 by providing a
provision for the appointment of two (2) youth advisors and by
deleting the provision for the appointment of one (1) alternate
youth advisor to said board; and authorizing the Mayor to sign.
D. Consider approval of a Memorandum of Understanding between
the city of Coppell and the Coppell Chamber of Commerce, and
authorizing the Mayor to sign.
E. Consider approval of a Resolution amending Resolution No.
010996.3, as heretofore amended, with regard to general fees and
garbage collection fees and authorizing the Mayor to sign.
F. Consider approval of awarding a contract in the amount of
$247,144.92 (of which $146,123.54 is from the Assistance to Firefighter
Grant) to Municipal Emergency Services for the purchase of Self
Contained Breathing Apparatus equipment and a service contract;
and authorizing the City Manager to sign.
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ITEM # ITEM DESCRIPTION
G. Consider approval of an 'Agreement of Exchange of Property'
between the City of Coppell and Chadick Capital L.P. for the
exchange of property to allow the construction of drainage
improvements on the Bethel Road Phase I Project; and authorize
the City Manager to sign.
END OF CONSENT
11. Consider approval of a contract extension for audit services with Grant
Thornton for an additional two year period in the amount of $57,250 for
2007 and $60,500 for 2008 and authorizing the City Manager to sign.
12. Consider approval of an Ordinance of the City of Coppell, Texas,
approving an amendment to Ordinance No. 2006-1135, the budget for
Fiscal Year October 1, 2006 through September 30, 2007, and authorizing
the Mayor to sign.
13. PUBLIC HEARING:
Consider approval of Case No. PD-221R-HC, Duke Lesley Addition, zoning
change request from PD-221-HC (Planned Development-221-Highway
Commercial) to PD-221R-HC (Planned Development-221 Revised-Highway
Commercial) to attach a Detail Site Plan to allow for a 182,700-square-
foot office building on 11.85 acres of property located at the southwest
corner of the proposed extension of Dividend Drive and S. Beltline Road.
14. Consider approval of the Duke Lesley Addition, Lot 3, Block C, Final Plat to
establish a building site, fire lanes and easements to allow the
construction of a 182,700-square-foot office building on 11.85 acres of
property located at the southwest corner of the proposed extension of
Dividend Drive and S. Beltline Road.
15. PUBLIC HEARING:
Consider approval of Case No. S-1237-C, Da Dusty Cellar, zoning change
request from C (Commercial) to S-1237-C (Special Use Permit-1237-
Commercial) to allow a 3,000-square-foot convenience/retail store to be
located at 751 S. MacArthur Blvd., #505.
16. PUBLIC HEARING:
Consider approval of Case No. S-1238-C, Kegs N Cellar, zoning change
request from C (Commercial) to S-1238-C (Special Use Permit-1238-
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ITEM # ITEM DESCRIPTION
Commercial) to allow a 2,850-square-foot convenience/retail store to be
located at 777 S. MacArthur Blvd., #413-417.
17. PUBLIC HEARING:
Consider approval of Case No. PD-108R2.2-SF-9, The Reserve, Lot 11, Block
B, zoning change request from PD-108R2-SF-9 (Planned Development-108
Revision 2-Single Family-9) to PD-108R2.2-SF-9 (Planned Development-108
Revision 2.2-Single Family-9) to allow up to 30% stucco and to permit
alternate paving materials for the driveway on property located at 725
Penfolds.
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Easter Egg Hunt.
B. Report by Mayor Stover regarding acknowlegment of Krogers and
I'Fratelli Pizza and other merchants for donations to homeless
shelters.
C. Report by Mayor Stover regarding Northlake College at Coppell.
D. Report by Councilmember Brancheau regarding National League
of Cities.
19. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Mayor Pro Tem Faught and Councilmember York.
C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember
Brancheau.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Peters and
Franklin.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
I. Metrocrest Social Service Center – Councilmember York.
J. North Texas Council of Governments - Councilmember Peters.
K. NTCOG/Regional Emergency Management - Councilmember
Franklin.
L. North Texas Commission - Councilmember Brancheau.
M. Senior Adult Services – Mayor Pro Tem Faught.
20. Necessary action resulting from Work Session.
21. Necessary Action Resulting from Executive Session.
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ITEM # ITEM DESCRIPTION
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 23rd day of March, 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: March 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.
2. Registered Sex Offenders.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. Economic Development Prospects on the west side of Coppell.
C. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Sale of land west of Denton Tap and south of Bethel Road.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: March 27, 2007
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Old Town Development.
B. Boards/Commissions Process Schedule
C. Discussion regarding Water Conservation Ordinance.
D. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
2007 agenda Schedule for board appointments.doc
MEMORANDUM
DATE: March 9, 2007
TO: Jim Witt, City Manager
FROM: Libby Ball, City Secretary
SUBJECT: Annual 2007 Board/Commission/Committee Appointments
RE: Process Schedule
Listed below is a tentative schedule of dates for the upcoming annual appointments of
members to the City’s Boards/Commissions/Committees that I would like to review with
the City Council during the Work Session of March 27, 2007:
Advertising – June 1 through July 20, 2007
A press release will be forwarded to the Citizens Advocate, Coppell
Gazette, Metrocrest News, Comcast Cable and put on the web site,
requesting citizens to volunteer to serve on the City’s
Boards/Commissions/Committees, and as the City’s American Red Cross
Representative. Advertising will continue for a period of eight (8)
consecutive weeks from June 1, 2007 through July 20, 2007. During the
month of June a mass mailing will be sent to all Coppell citizens. The
mailing will consist of an application and a summary of each of the
Boards/Commissions/Committees.
Applications – June 4 through July 27, 2007
Applications will be available and accepted from 8:00 a.m. to 5:00 p.m.,
June 4th through July 27th in the City Secretary Department at Town
Center. Applications presently on file in the City Secretary Department
will not be considered.
Staff Liaisons - May 28, 2007
Staff Liaisons will be issued a membership list on May 28, 2007 for their
particular Board/Commission/Committee, indicating those members
whose terms expire October 2007 together with a new application form for
distribution, should those members wish to re-apply. Deadline for these
applications will also be July 27th.
2007 agenda Schedule for board appointments.doc
City Council Applicant Packet
A binder will be prepared for members of Council containing a master list
of all applicants, together with copies of each application and pertinent
information. This document will be available in the City Secretary
Department for each member of Council at 8:00 a.m., Friday, August 3,
2007. Any binders not picked up by 5:00 p.m. on Friday will be put in the
Council mailboxes.
Interview Process - August 6 through August 20, 2007
American Red Cross - Thursday, August 9
Animal Services - Thursday, August 9
Board of Adjustment - Tuesday, August 7
Conduct Review Board - Monday, August 20
Economic Development - Monday, August 13
Education Development - Tuesday, August 7
Keep Coppell Beautiful - Monday, August 13
Library Board - Monday, August 6
Planning & Zoning - Monday, August 6
Special Counsel - No interviews
Letters will be sent to each applicant reaffirming the date of the interview
and scheduling individual times.
Appointments - September 11, 2007
An agenda item will be submitted for the September 11, 2007 City Council
meeting to appoint members to the City’s Boards/Commissions/
Committees.
Letters of Appointment and/or Regret
The City Secretary Department will notify all applicants indicating their
appointment and date of being sworn into office, and/or letters of regret.
Staff Liaisons will be requested to contact applicants to confirm their
attendance at the swearing-in ceremony.
Swearing-in Ceremony
An agenda item and oaths of office will be prepared for the September 25,
2007 City Council meeting for the Mayor to formally swear in appointed
members. New members will officially take their position on the
Board/Commission/Committee on October 1, 2007.
Reception
A reception for the newly appointed members and the members whose
commission did not expire will be held prior to the September 25, 2007
City Council meeting.
Page 1 of 11
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 3, SECTION 3-1-12 OF THE CODE OF
ORDINANCES BY AMENDING THE DAILY WATER
CONSERVATION AND DROUGHT CONTINGENCY PLAN;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 3, Section 3-1-12 of the Code of Ordinances of the City
of Coppell, Texas, be, and the same is hereby amended in part to read as follows:
"Sec. 3-1-12 Water conservation and drought contingency plan.
F. Drought contingency plan.
. . .
6. Criteria for initiation rescinding of drought response stages.
The City Manager or his/her designee shall monitor water supply and/or demand
conditions on a daily basis and shall determine when conditions warrant initiation
or termination of each stage of the Plan. Depending on the availability of water
and the City's ability to supply essential water demands and fire protection, the
City Manager, upon notification to the City Council, may implement the Plan
prior to May 15 or extend the plan beyond September 15, in any given year. The
City Manager, upon notification to the City Council, is authorized to move from
Stage to Stage within the Plan when requirements for initiation or rescinding are
met. The City Manager, upon notification to the City Council, may also make
minor changes to the Plan that are not detrimental to the effectiveness of the
overall Plan.
The following procedures are required to initiate or rescind each stage of the Plan:
• Notification must be made by public announcement.
• The order becomes effective immediately upon public announcement.
Page 2 of 11
• Notification will be provided for publication in the City's official
newspaper after public announcement. The newspaper is published each
Friday of the month. Additional notification will be provided by
information posted on the City’s webpage and cable access channel.
The initiation conditions described herein for each response stage are based on
historical analysis and recognized vulnerability of the water supply source and
water distribution system during high water use demands and drought conditions.
1. Stage 1 - Water Awareness State
a) Initiation Conditions:
Stage 1 of the Plan shall be shall be implemented when one or
more of the following conditions occur:
1) Annually, beginning on May 15 through September 15.
2) Short-term deficiencies in the City's distribution system
limit supply capabilities.
b) Goals:
1) Achieve a voluntary reduction in water use.
c) Demand Management Measures:
1) No outside watering will be allowed between the hours of
10:00 a.m. and 6:00 p.m. with the exception of the use of
non-spray irrigation systems and hand watering which
will be allowed all days, at all times.
2) City will encourage water conservation by increasing
awareness of Water Conservation techniques though the
use of various available means including but not limited to:
web page, direct mail-outs, water bill inserts, cable access
channel, press releases or other means available to advise
the public of the requirements of this ordinance.
d) Rescinding Conditions:
1) Stage 1 of the Plan shall be automatically rescinded on
September 15 of each year, unless there is still a short-term
deficiency in the City’s distribution system or unless a
different stage has been enacted and is still in force.
Page 3 of 11
2. Stage 2 - Water Watch State
a) Initiation Conditions:
Stage 2 of the Plan shall be implemented when one or more of the
following conditions occur:
1) Notification is received from DWU requiring
implementation of like procedures by wholesale customers.
2) Water demands exceed ninety percent (90%) of the current
maximum flow rate contracted with DWU for five (5)
consecutive days.
3) Ground Storage Reservoir levels do not recover for two (2)
consecutive days.
4) Short-term deficiencies in the City's distribution system
limit supply capabilities.
b) Goals:
1) Reduce the average daily water demand below 90% of the
current maximum flow rate contracted from DWU.
c) Demand Management Measures:
1) No outside watering will be allowed between the hours of
10:00 a.m. and 6:00 p.m. with the exception of the use of
non-spray irrigation systems and hand watering which
will be allowed all days, at all times.
2) Residential water customers south of Sandy Lake Road
must conduct all watering on Sundays, Tuesdays and
Thursdays.
3) Residential water customers north of Sandy Lake Road
must conduct all watering on Saturdays, Tuesdays and
Thursdays.
4) Non-residential water customers must conduct all watering
on Mondays, Wednesdays, and Fridays.
Page 4 of 11
5) The City must conduct all watering of center medians of
streets, street rights-of-way, parks, City facilities and other
areas maintained by the City on Mondays, Wednesdays and
Fridays.
6) Schools must conduct all watering of School sites, School
facilities and other areas maintained by the Schools on
Mondays, Wednesdays, and Fridays.
7) Homeowners Associations or Commercial Property
Owners Associations must conduct all watering of common
property on Mondays, Wednesdays, and Fridays.
8) No watering, other than by non-residential users, the City,
Schools, and/or HOA' s/POA's will be allowed on
Mondays, Wednesdays and Fridays without an approved
variance.
9) Nursery (garden and landscape) businesses are not
restricted when watering business inventory; however, they
must comply with watering requirements for the
landscaping associated with the building.
10) Use of non-spray irrigation systems and hand watering will
be allowed all days, at all times.
d) Rescinding Conditions:
1) Stage 2 of the Plan shall be rescinded when all of the
initiating conditions have ceased to exist for a period of
five (5) consecutive days. Upon termination of Stage 2,
Stage 1 - Water Awareness State becomes operative unless
also rescinded.
Page 5 of 11
3. Stage 3 - Water Warning State
a) Initiation Conditions:
Stage 3 of the Plan shall be implemented when one or more of the
following conditions occur:
1) Notification is received from DWU requiring water
demand reductions in accordance with contract obligations
for wholesale customers.
2) Water demands exceeds ninety-five percent (95%) of the
current maximum flow rate contracted with DWU for five
(5) consecutive days.
1) Short-term deficiencies in the City's distribution system,
such as system outage due to the failure or damage of
major water system components, limit supply capabilities.
2) Ground Storage Reservoir levels do not recover for three
(3) consecutive days.
b) Goals:
1) Reduce the average daily water demand below 95% of the
current maximum flow rate contracted from DWU.
c) Demand Management Measures:
1) No outside watering will be allowed between the hours of
10:00 a.m. and 6:00 p.m. with the exception of the use of
non-spray irrigation systems which will be allowed all
days, at all times. Hand watering is restricted to the two
allowed days.
2) Residential water customers south of Sandy Lake Road
must conduct all watering on Sundays and Thursdays.
3) Residential water customers north of Sandy Lake Road
must conduct all watering on Saturdays and Tuesdays.
4) Non-residential water customers must conduct all watering
on Mondays and Fridays.
5) The City must conduct all watering of center medians of
streets, street rights-of-way, parks, City facilities and other
areas maintained by the City on Mondays and Fridays.
Page 6 of 11
6) Schools must conduct all watering of School sites, School
facilities and other areas maintained by the Schools on
Mondays and Fridays.
7) Homeowners Associations or Commercial Property
Owners Associations must conduct all watering of common
property on Mondays and Fridays.
8) No watering, other than by non-residential users, the City,
Schools, and/or HOA's/POA's will be allowed on Mondays
and Fridays without an approved variance.
9) No watering will be allowed on Wednesdays, with the
exception of non-spray irrigation systems, which will be
allowed all days. Hand watering is restricted to the two
allowed days.
10) Nursery (garden and landscape) businesses are not
restricted when watering business inventory; however, they
must comply with watering requirements for the
landscaping associated with the building.
11) In a Stage 3 Water Warning State, persons should contact
the City Engineer's office prior to installing new
landscaping to determine if a variance will be considered.
As a general rule, no variance will be allowed during a
Stage 3 Water Warning State. The City Engineer or
designee, in a Stage 3 Water Warning State may revoke
approved variances, if deemed necessary to preserve the
City's ability to supply essential water demands and fire
protection.
d) Rescinding Conditions:
1) Stage 3 of the Plan shall be rescinded when all of the
initiation conditions have ceased to exist for a period of
five (5) consecutive days. Upon termination of Stage 3,
Stage 2 - Water Watch State becomes operative unless also
rescinded.
Page 7 of 11
4. Stage 4 - Water Emergency
a) Initiation Conditions
Stage 4 of the Plan shall be implemented when one or more of the
following conditions occur:
1) Notification is received from DWU requiring water
demand reductions in accordance with contract obligations
for wholesale customers.
2) Water demands exceeds 100 percent (100%) of the current
maximum flow rate contracted with DWU for two (2)
consecutive days.
3) Short term deficiencies in the City’s distribution system,
such as system outage due to the failure or damage of
major water system components, limit supply capabilities.
4) Ground Storage reservoir levels do not recover for four (4)
consecutive days.
b) Goals:
1) Reduce the average daily water demand below 95% of the
current maximum flow rate contracted from DWU.
c) Demand Management Measures:
1) No outside watering will be allowed between the hours of
10:00 a.m. and 6:00 p.m. with the exception of the use of
non-spray irrigation systems which will be allowed all
days, at all times. Hand watering is restricted to the one
allowed day .
2) Residential water customers south of Sandy Lake Road
must conduct all watering on Sundays.
3) Residential water customers north of Sandy Lake Road
must conduct all watering on Saturdays.
4) Non-residential water customers must conduct all watering
on Wednesdays.
5) The City must conduct all watering of center medians of
streets, street rights-of-way, parks, City facilities and other
areas maintained by the City on Wednesdays.
Page 8 of 11
6) Schools must conduct all watering of School sites, School
facilities and other areas maintained by the Schools on
Wednesdays.
7) Homeowners Associations or Commercial Property
Owners Associations must conduct all watering of common
property on Wednesdays.
8) No watering, other than by non-residential users, the City,
Schools, and/or HOA' s/POA's will be allowed on
Wednesdays.
9) No watering will be allowed on Mondays, Tuesdays,
Thursdays and Fridays, with the exception of non-spray
irrigation systems, which will be allowed all days. Hand
watering is restricted to the one allowed day.
10) Nursery (garden and landscape) businesses are not
restricted when watering business inventory; however, they
must comply with watering requirements for the
landscaping associated with the building.
11) In a Stage 4 Water Emergency State, persons should refrain
from installing new landscaping. No variance for watering
more than one day per week will be allowed during a Stage
4 Water Emergency State. The City Engineer or designee,
in a Stage 4 Water Emergency State will revoke any
variances approved during the Stage 3 Water Warning
State.
d) Rescinding Conditions:
1) Stage 4 of the Plan shall be rescinded when all of the
initiation conditions have ceased to exist for a period of
five (5) consecutive days. Upon termination of Stage 4,
Stage 3 - Water Warning State becomes operative unless
also rescinded.
Page 9 of 11
5. Stage 5 - Emergency Water Shortage
a) Initiation Conditions:
Stage 5 of the Plan shall be implemented when the City Manager
determines that a water supply emergency exists based on one or
more of the following conditions:
1) Any major water system component failure that causes the
unprecedented loss of capability to provide water service.
2) Natural or man-made contamination of the water supply
source(s).
b) Goals:
1) Restrict all watering to allow the water system to recover
from the emergency condition.
d) Demand Management Measures:
1) No outdoor watering will be allowed.
2) Door hangers will be placed on all houses in the affected
area providing information about the situation.
d) Rescinding Conditions
1) Stage 5 of the Plan shall be rescinded when all of the
initiation conditions have ceased to exist. The City
Manager will then determine what stage of the Plan should
be implemented and the specific water use restrictions
required to preserve the City's ability to meet essential
water demand and fire protection."
Page 10 of 11
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, phrase, paragraph, section or phrase of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional,
illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any
part or provision thereof other than the part so decided to be unconstitutional, illegal or
invalid, and shall not affect the validity of the Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions of
Section 3-1-12 of the Code of Ordinances as amended herein, shall be deemed guilty of a
misdemeanor and, upon the first conviction, shall be punished by a fine not to exceed
twenty-five ($25.00) dollars, upon second conviction be punished by a penalty of fine not to
exceed fifty ($50.00) dollars for each offense, and upon the third and subsequent conviction
shall be punished by a penalty of fine not less than fifty ($50.00) dollars, nor more than two
hundred ($200.00) dollars for each offense, and each and every day such offense is
continued, shall constitute a new separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and charter in such cases provide.
Page 11 of 11
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:
Fire
March 27, 2007
7
✔
PRESENTATION
Presentation of the three (3) winning Tornado Awareness and Safety posters from the poster contest as part of Severe
Weather Awareness Week.
This presentation is for the three winning posters from the Tornado Awareness and Safety Poster contest that was
highlighted during Severe Weather Awareness Week. This contest was open to all 5th graders attending Coppell
Independent School District schools and Riverchase Elementary School. The intent was to heighten citizens'
awareness to the dangers of tornados and the actions they need to take to protect themselves through their children.
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
March 27, 2007
8
✔
REPORT
Report by the Keep Coppell Beautiful Board.
The semi-annual report will be made by a member of the Keep Coppell Beautiful Board.
No action necessary on this item.
%boardreport
DATE: March 27, 2007
ITEM #: 9
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
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
March 27, 2007
10/A
✔
PROCEDURAL
Consider approval of minutes: February 27, 2007.
Minutes of the City Council meeting held on February 27, 2007.
Staff recommends approval.
%minutes
MINUTES OF FEBRUARY 27, 2007
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, February 27, 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
Brianna Hinojosa-Flores, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Councilmember Tunnell was absent from the meeting. 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.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development prospects on the west side
of Coppell.
cm022707
Page 1 of 9
Mayor Stover convened into Executive Session at 5:42 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 6:15 p.m. and opened the Work Session.
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.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember Franklin 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 that sets the month of
March, 2007 as American Red Cross Month in Coppell.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to John Patterson, Todd St. Clair, Dawn Turner, Ron Carpenter
and Mark Lyasko.
ag022707
Page 2 of 9
Action:
Councilmember Hinojosa-Flores moved to approve a proclamation that
sets the month of March, 2007 as American Red Cross Month in Coppell.
Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Franklin and York voting in favor of the motion.
8. Consider approval of a proclamation that sets March 4 through
10, 2007 as Severe Weather Awareness Week in Coppell.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to John Patterson.
Action:
Mayor Pro Tem Faught moved to approve a proclamation that sets
March 4 through 10, 2007 as Severe Weather Awareness Week in
Coppell. Councilmember Brancheau seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of
the motion.
9. Report by Library Board.
Presentation:
Doug Johnson, Chair of the Library Board, made the Board’s semi-
annual report to Council.
10. Citizens' Appearances.
There was no one signed up to speak under this item.
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
ag022707
Page 3 of 9
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.
Action:
Councilmember Peters moved to approve Consent Agenda Items A, B
carrying Ordinance No. 2007-1153, C and D carrying Ordinance No.
2007-1154. Councilmember Brancheau seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of
the motion.
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.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Franklin moved to approve Ordinance No. 2007-1155
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.
Councilmember Peters seconded the motion; the motion carried 6-0 with
ag022707
Page 4 of 9
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Franklin and York voting in favor of the motion.
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; and
authorizing the Mayor to sign.
Presentation:
City Attorney Robert Hager made a presentation to the Council.
Action:
Councilmember Peters moved to approve Ordinance No. 2007-1156
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; and authorizing the Mayor to sign.
Councilmember Franklin seconded the motion; the motion carried 6-0
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Franklin and York voting in favor of the motion.
14. Consider approval of an ordinance of the City of Coppell,
Texas, amending the Code of Ordinances by 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.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Mayor Pro Tem Faught moved to approve Ordinance No. 2007-1157
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. Councilmember Hinojosa-Flores seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Faught and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York
voting in favor of the motion.
ag022707
Page 5 of 9
15. PUBLIC HEARING:
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.
Presentation:
Deputy Chief Gary Nix 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 Ordinance No. 2007-1158 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.
Councilmember Brancheau seconded the motion; the motion carried 6-0
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Franklin and York voting in favor of the motion.
16. City Manager's Report.
A. Energy Management.
B. Update on Town Center Construction Projects.
A. City Manager Jim Witt reported that last year was the warmest on
record in the Dallas area and the City of Coppell had an 11%
reduction in the usage of electricity.
B. City Manager Jim Witt updated Council on the Town Center
Construction Project: Fire Department completion on March 30;
Police Department completion approximately July 1; substantial
construction has begun on the Town Center Project behind Town
Center.
ag022707
Page 6 of 9
17. 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.
A. Mayor Stover advised that Family Fish would be held on March 3
at Andrew Brown East and the pond would be stocked with catfish.
Mayor Stover also reported that Northlake College would be having
a meeting Wednesday night from 6:00 to 7:00 at the Coppell High
School for public input regarding the Coppell campus of Northlake
College.
B. Councilmember Hinojosa-Flores announced she had attended the
Texas Municipal League Youth Advisory Council Summit on
February 17 along with 7 of the city’s youth.
C. Councilmember Brancheau advised that he, along with
Councilmembers Peters, Franklin and Hinojosa-Flores and City
Manager Jim Witt had attended the Association of Mayors,
Councilmembers and Commissioners meeting in Austin where they
also had a meeting with Representative Jim Jackson and Senator
Harris.
18. 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.
ag022707
Page 7 of 9
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.
A. Mayor Stover stated that Councilmember Tunnell had advised him
of a fundraising event at Lewisville ISD to benefit victims of the
recent fire.
B. Mayor Pro Tem Faught reminded everyone that March 7 would be
the Coppell Youth Leadership day at Coppell Town Center. CISD
has held two public forums regarding the future of education. The
CHS strategic plan is nearly complete and action teams are
forming now. The Academy committee is meeting and they will
soon be surveying parents and students for direction. Shattered
Dreams will be held March 9 at 10:45 at CHS.
C. Mayor Pro Tem Faught advised that the monthly meeting would be
held on Feburary 28 where the program will be “Medicare Made
Simple.”
D. Councilmember Peters reported that Governor Perry had
recommended Centra to handle the consessions for our section of
SH 121 and Collin County’s section of SH 121.
E. Councilmember Peters reported that John Terrell, Vice President of
Real Estate for the DFW Airport, presented to the Economic
Development Committee the long-term plans for the airport
property. The Committee requested a regular update from Mindi
Hurley regarding the strategic plan.
F. There was nothing to report on this item.
G. There was nothing to report on this item.
H. There was nothing to report on this item.
I. Councilmember York advised that a national committee from the
United Way will be visiting the facility to determine if more funds
are required.
ag022707
Page 8 of 9
J. There was nothing to report on this item.
K. Councilmember Franklin gave kudos to John Patterson for his
work on the City’s Emergency Preparedness.
L. There was nothing to report on this item.
M. Mayor Pro Tem Faught announced that Senior Adult Services had
a new staff member, Mary Ferris, who will be a case manager; SAS
has free income tax help available and Go Fish donated $850 to
SAS.
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
ag022707
Page 9 of 9
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
March 27, 2007
10/B
✔
ORDINANCE
Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-3, Keep
Coppell Beautiful Board, by amending Section 2-3-2 by deleting the provision for the appointment of one (1) alternate
youth advisor to said board; and authorizing the Mayor to sign.
There is no need for an alternate youth advisor on this board since youth advisors are non-voting members and have
no bearing on the quorum requirements.
Staff recommends approval.
%kcb-1AR
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER
2, ARTICLE 2-3, KEEP COPPELL BEAUTIFUL BOARD, BY
AMENDING SECTION 2-3-2 BY PROVIDING A PROVISION FOR THE
APPOINTMENT OF TWO (2) YOUTH ADVISORS AND BY DELETING
THE PROVISION FOR THE APPOINTMENT OF ONE (1) ALTERNATE
YOUTH ADVISOR TO SAID BOARD; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on or about April 25, 2006, the City Council adopted Ordinance Number
2006-1124 which amended Section 2-3-2 to increase the membership of the Keep Coppell
Beautiful Board by providing for two (2) regular youth advisors and one (1) alternate youth
advisor; and
WHEREAS, youth advisors are not voting members of the Board which makes an
alternate unnecessary; and
WHEREAS, the City Council has determined that the Code should be amended by
amending Section 2-3-2 to delete the provision for the appointment of one (1) alternate youth
advisor to said Board;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1. That Chapter 2 of the City of Coppell Code of Ordinance, be, and the
same is, hereby amended by amending Article 2-3, Keep Coppell Beautiful Board; by amending
Section 2-3-2 by deleting the provision for the appointment of one (1) alternate Youth Advisor,
which shall read as follows:
“ARTICLE 2-3. KEEP COPPELL BEAUTIFUL BOARD
Sec. 2-3-1. Creation.
. . . . .
Sec. 2-3-2. Membership.
The board shall be comprised of seven (7) members to be appointed by the
city council, plus two (2) Youth Advisors to be appointed by the Keep Coppell
Beautiful Board. . . . . . The Youth Advisors shall not be voting members of the
Board.
Page 1
TM 14803.2.00
. . . . .”
SECTION 2. 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 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 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 27th day of
March, 2007
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 03/08/07)
Page 2
TM 14803.2.00
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:
City Secretary
March 27, 2007
10/C
✔
ORDINANCE
Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-2, Parks
and Recreation Board, by amending Section 2-2-1 by deleting the provision for the appointment of one (1) alternate
youth advisor to said board; and authorizing the Mayor to sign.
There is no need for an alternate youth advisor on this board since youth advisors are non-voting members and have
no bearing on the quorum requirements.
Staff recommends approval.
%parkboard-1AR
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER
2, ARTICLE 2-2, PARKS AND RECREATION BOARD, BY AMENDING
SECTION 2-2-1 BY PROVIDING A PROVISION FOR THE
APPOINTMENT OF TWO (2) YOUTH ADVISORS AND DELETING THE
PROVISION FOR THE APPOINTMENT OF ONE (1) ALTERNATE
YOUTH ADVISOR TO SAID BOARD; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on or about April 25, 2006, the City Council adopted Ordinance
Number 2006-1125 which amended Section 2-2-1 to increase the membership of the Parks and
Recreation Board by providing for two (2) regular youth advisors and one (1) alternate youth
advisor; and
WHEREAS, youth advisors are not voting members of the Board which makes an
alternate unnecessary; and
WHEREAS, the City Council has determined that the Code should be amended by
amending Section 2-2-1 to delete the provision for the appointment of one (1) alternate youth
advisor to said Board;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1. That Chapter 2 of the City of Coppell Code of Ordinance, be, and the
same is, hereby amended by amending Article 2-2, Parks and Recreation Board, by amending
Section 2-2-1 by deleting the provision for the appointment of one (1) alternate Youth Advisor,
which shall read as follows:
“ARTICLE 2-2. PARKS AND RECREATION BOARD
Sec. 2-2-1. Creation.
There is hereby created and established for the city the parks and
recreation board composed of seven (7) members and two (2) alternate members
to be appointed by city council, plus two (2) Youth Advisors, to be appointed by
the members of the Park and Recreation Board. . . . . The Youth Advisors shall
not be voting members of the Board.”
Page 1
TM 14804.2.00
SECTION 2. 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 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 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 27th day of
March, 2007.
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 03/08/07)
Page 2
TM 14804.2.00
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:
City Manager
March 27, 2007
10/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of a Memorandum of Understanding between the city of Coppell and the Coppell Chamber of
Commerce, and authorizing the Mayor to sign.
Staff recommends approval.
!Chamber
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
March 27, 2007
10/E
✔
RESOLUTION
Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to general
fees and garbage collection fees and authorizing the Mayor to sign.
This is a semi-annual update of the fees charged by the City for services provided. Some fees are being revised to
reflect current costs and practices. The Garbage Collection Fees are being increased 1.8% or 75% of the 2.5% National
CPI. There is also one deletion of a duplication of fees.
Staff Recommends Approval
$MasterFee-1AR(con)
1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE
SCHEDULE, AS AMENDED, BY AMENDING THE GENERAL FEES, IN
PART; AND THE GARBAGE COLLECTION FEES, IN PART; AND
PROVIDING A REPEALING CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled “General Fees” be amended,
in part, to read as follows:
Library Fees:
“….
Fees for Black and White Copies/Printouts $0.15 per page
Fees for Color Copies/Printouts $0.50 per page
….”
Garbage Collection Fees:
“….
Solid Waste and Recycling (Includes Yard Trimmings Fee)
1) Residential Garbage Customer $14.14 per month
Senior Citizen Residential Garbage Customer $12.73 per month
2
2) Commercial Garbage Collection Fees:
FREQUENCY
(Per Week)
3 YD 4 YD 6 YD 8 YD
1 $81.36 $99.87 $121.42 $153.82
2 $135.44 $194.53 $207.69 $262.33
3 $179.71 $266.71 $299.23 $369.75
4 $228.41 $343.87 $388.13 $469.18
5 $279.25 $417.02 $467.71 $575.07
6 $330.73 $500.46 $552.17 $681.23
Extra Pickups $26.97 $36.61 $38.93 $52.29
Commercial Hand Pickups $22.84
Redelivery Fee for Non-payment of Account $40.81
Compactors – Closed
Delivery Fee $76.15
Rental per Month $370.43
Charge per Pull
30 YD $316.42
35 YD $331.47
42 YD $370.43
Residential Roll-Off Permit $20.00
Residential Roll-Off
Pricing
10YD 20 YD 30 YD 40 YD Special
Waste Haul
Monthly Rental $5.80
daily
$147.25 $147.25 $147.25 $147.25
Delivery Fee (Each) $54.76 $54.76 $54.76 $54.76 $54.76
Cost Per Pull $218.54 $218.54 $250.31 $317.58 $185.89
Liner (Special Waste) $45.85 $45.85 $45.85 $45.85 $45.85
Disposal Cost included included included included t.b.d. upon
type of
waste
3
Front Load
Compactors
1X 2X 3X 4X 5X 6X 7X Emergency
pick-ups
2-yard FLC
2nd + unit
$287.37
$265.29
$370.97
$327.96
$455.61
$390.63
$540.25
$453.30
$623.85
$517.01
$708.49
$579.68
$793.14
$641.30
$94.02
3-yard FLC
2nd + unit
$302.00
$281.98
$402.31
$358.25
$500.54
$435.54
$600.87
$514.92
$701.18
$592.21
$799.41
$670.54
$899.73
$748.88
$104.47
4-yard FLC
2nd + unit
$337.53
$290.36
$432.62
$387.50
$552.79
$487.68
$672.96
$581.77
$793.14
$679.95
$911.22
$777.00
$1013.68
$874.22
$125.36
6-yard FLC
2nd + unit
$356.33
$334.29
$507.86
$463.74
$659.38
$592.21
$809.86
$721.73
$962.42
$851.24
$1094.74
$980.75
$1266.51
$1111.31
$135.80
8-yard FLC
2nd + unit
$406.50
$385.40
$590.41
$544.17
$773.28
$706.06
$957.20
$866.91
$1121.41
$1028.80
$1323.98
$1189.64
$1506.85
$1351.54
$146.25
Subtract $150 from service rates for customer-owned units.
Recycling Bins $5.00 each
Delete Temporary Roll-Off Pricing as it is a duplication of the Residential Roll-Off Pricing.
….”
SECTION 2. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution
shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Resolution 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 Resolution as a whole.
4
SECTION 4. That this Resolution shall become effective 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:
__________________________________
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:
Fire
March 27, 2007
10/F
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding a contract in the amount of $247,144.92 (of which $146,123.54 is from the Assistance to
Firefighter Grant) to Municipal Emergency Services for the purchase of Self Contained Breathing Apparatus equipment
and a service contract; and authorizing the City Manager to sign.
This contract will establish the cost of purchasing Self Contained Breathing Apparatus, air bottles, regulators, face
masks, and parts and services for a one year contract renewable up to three years. It will also establish annual
inspection and testing schedule and parameters for the repair of equipment as necessary. This contract is a one year
contract renewable up to three years. This contract will also cover all annual inspections and testing of the
equipment as well as any repairs that must be done. The current plan is to purchase $162,376.54 worth of equipment
from grant fund + 10% city match and $84,768.38 from line items to purchase the remainder which will completely
replace the entire Fire Department SCBA fleet.
Funds for this purchase are being partially provided by a grant and the remaining funds have been budgeted in the
Fire Department line item accounts.
Staff recommends approval.
[(MES Contract]
CITY OF COPPELL, TEXAS
STANDARD FORM PURCHASE CONTRACT
Q-0107-02 Error! Reference source not found.
City of Coppell, Texas
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality
(hereinafter referred to as the "Buyer") and the hereinafter named Seller, referred to as the "Seller," for the sale of
the goods, materials and items specified hereinafter, and the Buyer and Seller hereby agree as follows:
Seller:
_____MES, Municipal__________________
[Name]
__2805 West Euless Blvd._______________
[Address]
_____Euless, TX 75771_________________
[City, State, Zip]
_____903-520-4262_________________________________
[Telephone]
DESCRIPTION OF GOODS
This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials and items
described hereinafter as the “Goods” or the subject of this Contract, and such parts, attachments,
accessories, devices, and apparatus as may be considered an integral part of the Goods or necessary for
the proper use or application of the Goods, whether or not specified herein. The Goods are more
specifically described as follows:
Description
______SCBA Equipment and Services per bid Q-0107-02__________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Q-0107-02 Error! Reference source not found.
[CHECK ONE:]
This Contract is a “fixed price - fixed quantity” Contract for the purchase of the specified quantity
at the specified price. The full quantity of the Goods shall be delivered to and received at the
designated point or points of delivery no later than the date specified hereinbelow. This date is a
material term and condition of this Contract and, in connection with the delivery date, time is and
shall be of the essence.
_______________________________
[Insert Date of Delivery]
OR
X
This Contract is for a specific duration wherein the Seller will supply, furnish and deliver at the
designated point or points of delivery the specified Goods in the quantities requested by Buyer at
the time of Buyer’s order. The delivery date(s) shall be set forth in Buyer’s order. This Contract
is not intended to be and shall not be construed as an exclusive requirements contract. This
Contract is non-exclusive and Buyer may acquire any or all of its requirements for the specified
Goods from Seller or any other source deemed appropriate by Buyer. Upon the conclusion of the
duration of this Contract, Buyer may renew this agreement for an additional period or periods
equivalent to the primary duration upon sending written notice of intent thereof within thirty (30)
days prior to the expiration of the last day of the term of this Contract. The failure to send the
foregoing notice shall convert this agreement into a “fixed price - fixed quantity” contract as
described above.
DURATION: From __March 28, 2007______ to _____March 31, 2008__________.
PAYMENT TERMS
The purchase price of the Goods shall be that contained in the Seller’s bid and specifically accepted in
writing by Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery.
Invoices shall indicate the purchase order number, and shall be itemized. A copy of the bill of lading should be
attached to the invoice. Mail to City of Coppell, Purchasing Department, 255 Parkway Boulevard, P.O. Box 9478,
Coppell, Texas 75019. Payment shall not be due until the above instruments are submitted, until the Goods have
been received by Buyer, and until Buyer has had sufficient opportunity to inspect and exercise its right to accept or
reject. Seller shall keep the purchasing department advised of any changes in their remittance addresses. In no
event shall Buyer be responsible for interest of any kind on any funds due to Seller, and no term or provision
contained in any Seller’s invoice shall in any way modify, vary or alter the provisions hereof.
Buyer’s obligation is payable solely from funds available for the purpose of the purchase. Lack of funds
shall render this contract null and void and to the extent funds are not available, any delivered but unpaid for goods
will be returned to Seller by Buyer. Do not include federal excise tax, state or city sales tax. The City shall furnish
a tax exempt certificate if required.
Q-0107-02 Error! Reference source not found.
CONTRACT TERMS AND CONDITIONS
This Contract is made and entered into between the parties hereto in accordance with and subject to the
following additional terms and conditions:
1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good commercial
practice. Each shipping container shall be clearly marked and permanently packed as follows: (a) Seller’s
name and address; (b) Consignee’s name, address, and purchase order or purchase release number and the
supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of
4 boxes; and (d) the number of the container bearing the package slip. Seller shall bear cost of packing
unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to
conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight
shall be final and conclusive on shipment not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods
under reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer until the
Buyer actually receives and takes possession of the Goods at the point or points of delivery.
4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid
unless delivery terms are specified otherwise in the bid; Seller shall pay for the transportation costs.
5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully comply
with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which
does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a
conforming tender, provided, where the time for performance has not yet expired, the Seller may
seasonable notify Buyer of his intention to cure and may then make a conforming tender within the contract
time but not afterward.
6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in any
other written designation by Buyer. The terms of this agreement are “no arrival, no sale.”
7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting
them.
8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this
agreement, Buyer’s only duty shall be to seasonably notify Seller of the rejection and hold the goods for the
disposition of Seller, and it is agreed that under no circumstances shall Buyer be required to resell the
rejected goods or incur the cost to deliver same to Seller.
9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability to the
Seller if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise were
offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of
City of Coppell with view toward securing the contract or securing favorable treatment with respect to
awarding or amending, or the making of any determination with respect to the performing of such a
Contract. In the event this Contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled
in addition to any other rights and remedies, to recover and withhold the amount of the cost incurred by the
Seller in providing such gratuities.
10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of
any special tooling or any special test equipment fabricated or required by Seller for the purpose of filling
this order, such special tooling equipment and any process sheets related thereto shall become the property
of the Buyer and to the extent feasible shall be identified by the Seller as such.
11. WARRANTY - PRICE:
Q-0107-02 Error! Reference source not found.
a. The price to be paid by the Buyer shall be that contained in the Seller’s bid which Seller warrants
to be no higher than Seller’s current prices on orders for products of the kind and specification
covered by the agreement for similar quantities under similar or like conditions and methods of
purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the
Seller’s current prices on orders by others, or in the alternative, Buyer may cancel this contract
without liability for breach or Seller’s actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained to solicit or
secure this contract upon an agreement or understanding for commission, percentage, brokerage,
or contingent fee excepting bona fide established commercial or selling agencies maintained by
the Seller for the purpose of securing business. For breach of violation of this warranty, the Buyer
shall have the right in addition to any other right or rights to cancel this contract without liability
and to deduct from the contract price, or otherwise recover the full amount of such commission,
percentage, brokerage or contingent fee.
12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to
do so shall render this contract voidable at the option of the Buyer. No such attempts to limit, disclaim or
exclude any warranties, whether of fitness, merchantability or otherwise, by Seller shall be binding or
effective. Seller warranties that the Goods furnished will conform to the specifications, drawings, and
descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a
conflict between the specifications, drawings, and descriptions, the specifications shall govern.
13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the standards
promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In
the event that the products do not conform to OSHA standards, Buyer may return the product for correction
or replacement at the Seller’s expense. In the event that Seller fails to make the appropriate correction
within a reasonable time, any correction made by Buyer will be at Seller’s expense.
14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this
agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer
makes no warranty that the production of goods according to the specifications will not give rise such
claim, and in no event shall Buyer be liable to Seller in the event that Seller is sued on the grounds of
infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify
Buyer to this effect in writing or the like, within two weeks after the signing of this agreement. If Buyer
does not receive notice and a claim is asserted or Buyer is subsequently held liable for the infringement or
the like, Seller will indemnify, defend and save Buyer harmless. If Seller in good faith ascertains that
production of the goods in accordance with the specifications will result in infringement or the like, this
contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to
infringements.
15. YEAR 2000 COMPLIANT: The Goods shall in all respects be compatible with the year 2000 and shall
not in any way require adjustment, revision, reconfiguration or modification upon the year 2000. Seller
warrants that the Goods are fully year-2000 compliant.
16. CANCELLATION: Buyer shall have the right to cancel for default on all or any part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any remedies which Buyer may have at law or equity. The Buyer may for any reason whatsoever
terminate performance under this Contract by the Seller for convenience at any time. The Buyer shall give
notice of such termination to the Seller specifying when termination becomes effective. Goods received
but unopened or unused shall be made available to Seller for delivery. Buyer will, in the event of
termination, remit such sums to Seller as may be due only for those Goods retained by Buyer.
17. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly
or in part to carry out its obligation under the Agreement, then such party shall give notice and full
particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of
Q-0107-02 Error! Reference source not found.
the event or cause relied upon, and the obligation of the party giving such notice, so far as is effected by
such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as
hereafter provided, but for no longer periods and such party shall endeavor to remove or overcome such
inability with all reasonable dispatch.
The term “Force Majeure” as employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbance, act of public enemy, orders of any kind of government of the United States or State of Texas
or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil
disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not
reasonably within control of the party claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty,
and that the above requirements that any Force Majeure shall be remedied with all reasonable dispatch shall
not require the settlements of strikes and lockouts by exceeding to the demands of the opposing party or
parties when such settlement is unfavorable in the judgment of the party having the difficulty.
18. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer. An attempted assignment or
delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity
with this paragraph.
19. MODIFICATIONS: This contract can be modified or rescinded only in writing signed by both parties or
their duly authorized agents.
20. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration
and is in writing signed by the aggrieved party.
21. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final
expression of their agreement and is intended also as a complete and exclusive statement of the terms of
their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant
to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of
performance rendered under this agreement shall not be relevant to determine the meaning of this
agreement even though the accepting or acquiescing party has knowledge of the performance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
22. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever
the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of this agreement.
23. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior written consent, the fact that
Buyer has entered into this contract, except to the extent necessary to comply with prior requests for
information from an authorized representative of federal, state or local government.
24. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the
other party’s intent to perform he may demand that the other party give written assurance of his intent to
perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding
party may treat this failure as an anticipatory repudiation of the contract.
25. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee shall
have a financial interest, direct or indirect, in any contract with the City, or be financially interested,
directly or indirectly, in the sale to the City of any land, materials, supplies, or services, except on behalf of
the City as an officer or employee. Any knowing and willful violation of this section shall constitute
malfeasance in office, and any officer or employee guilty thereof shall forfeit his office or position. Any
violation of this section with the knowledge, express or implied, of the person or corporation contracting
Q-0107-02 Error! Reference source not found.
with the governing body of the City shall render the contract involved voidable by the City Manager or the
City Council.
26. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute
the entire and exclusive agreement between the Buyer and Seller with reference to the Goods. Specifically,
but without limitation, this Contract supersedes any bid documents and all prior written or oral
communications, representations and negotiations, if any, between the Buyer and Seller not expressly made
a part hereof.
27. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR,
AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND
AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF
ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR
INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR
PERSONS, INCLUDING THE SELLER, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY,
DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF SELLER UNDER THIS CONTRACT,
INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF BUYER, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL
IMMUNITY AVAILABLE TO THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS
INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY
OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS
AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY
EXTENDED BY SELLER TO INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES
OF THE SELLER’S AS WELL AS THE BUYER’S NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN
ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS
AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE.
28. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any
causes of action arising under the terms or provisions of this Contract or the Goods to be delivered
hereunder shall be in the courts of Dallas County, Texas.
29. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and
legal representatives to the other party hereto and to successors, assigns and legal representatives of such
other party in respect to covenants, agreements and obligations contained in this Contract. The Seller shall
not assign this Contract without written consent of the Buyer.
30. SEVERABILITY: The provisions of this Contract are herein declared to be severable; in the event that
any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract
shall be read as if the invalid, void or unenforceable portion had not been included herein.
31. NOTICES: All notices required by this Contract shall be presumed received when deposited in the mail
properly addressed to the other party at the address set forth herein or set forth in a written designation of
change of address delivered to all parties.
Q-0107-02 Error! Reference source not found.
EXECUTED this _______ day of _______________________________, _________.
SELLER:
__________________________________________
(Signature)
__________________________________________
(Type/Print Name and Title/Position)
__________________________________________
(Address)
__________________________________________
(City, State, Zip)
_________________________________________
(City Manager)
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
March 27, 2007
10/G
✔
CONTRACT/BID or PROPOSAL
Consider approval of an 'Agreement of Exchange of Property' between the City of Coppell and Chadick Capital L.P.
for the exchange of property to allow the construction of drainage improvements on the Bethel Road Phase I Project;
and authorize the City Manager to sign.
Approval of this agreement will allow the construction of the drainage improvements on the Bethel Road Project to
continue.
Staff will be available to answer any questions at the council meeting.
Staff recommends approval of the agreement of exchange of
property between the City of Coppell and Chadick Capital L.P.
#Bethel Rd Drainage
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:March 27, 2007
REF: Consider approval of an 'Agreement of Exchange of Property' between the
City of Coppell and Chadick Capital L.P. for the exchange of property to allow
the construction of drainage improvements on the Bethel Road Phase I
Project; and authorize the City Manager to sign.
Since late 2005, the City of Coppell has had numerous meetings with Steve Chadick concerning
right-of-way required to facilitate the reconstruction of Bethel Road. In all, the city needs to
acquire 21,141 square feet for drainage easements and 7,325 square feet for right-of-way from
property owned by Mr. Chadick. This equates to a total of 28,467 square feet of land to be
acquired by the city. According to property value information obtained from Dallas County
Appraisal District (DCAD), the value of the total acquisition is $75,766. The concept and the
particulars of the proposed exchange of property between the City of Coppell and Chadick
Capital L.P. was discussed with City Council on November 28, 2006. This 'Agreement of
Exchange of Property' is the result of City Council discussion at the council meeting.
In discussions with Steve Chadick, he has expressed an interest in obtaining a portion of the city
owned property immediately west of the Art Annex and south of Bethel Road. A portion of that
city owned property lies within the floodplain and the northwest corner has a channel running
through it. Mr. Chadick is interested in that property as a potential place to expand the parking
lot for the Art Annex. He currently owns not only the Art Annex, but also the property south of
the city owned property. The Dallas County Appraisal District lists the value of the city owned
property at $23,400. As stated, there is a channel running through the northwest corner of the
city owned property and the Corp of Engineers is requiring us to maintain the channel sections,
therefore only 16,535 square feet of the city owned property is available to Mr. Chadick.
If we purchased property from Mr. Chadick for the DCAD value and then sold Mr. Chadick our
property, per the DCAD value, we would still need to pay Mr. Chadick $59,229. However, Mr.
Chadick has indicated that he is willing to trade property that he owns that we need for the
expansion of Bethel Road for property that we own adjacent to the Art Annex. For some reason,
DCAD lists property owned by Mr. Chadick at a price of anywhere from $0.75 to $4.02 per
square foot, with the majority of the property that Mr. Chadick owns between $3.00 and $4.00
per square foot. If we were to trade property with Mr. Chadick, then the city more than likely
would only be out a little over $24,000 to purchase the remaining property needed from Mr.
Chadick.
Attached to this memo is a schematic showing property owned by Mr. Chadick in green and blue
and the property owned by the City of Coppell in red. My recommendation would be to
structure a trade of property with Mr. Chadick that would allow us to trade our property for some
of the higher priced property that he owns. On the attached exhibit, I am recommending that we
consider trading our property shown in red for the property shown in blue, owned by Mr.
Chadick. We would then purchase the remaining property owned by Mr. Chadick, which is
shown in green on the attached exhibit.
Following this process and again using DCAD values for the remainder of Mr. Chadick's
property, we would still owe Mr. Chadick $24,393 for the balance of the land that we need from
him for the reconstruction of Bethel Road.
If this agreement is approved by Council, then I will obtain Mr. Chadick's signature and file the
agreement with Dallas County. At that time, I will purchase the remaining portion of property
needed for the project from Mr. Chadick in the amount of $12,436.71.
Staff will be available to answer any questions at the council meeting.
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AGREEMENT OF EXCHANGE OF PROPERTY
THIS AGREEMENT OF EXCHANGE OF PROPERTY ("Agreement") is made by and
between the City of Coppell, Texas ("City"), a Municipal Corporation under the laws of the State
of Texas, and Chadick Capital L.P. ("Chadick").
I.
Property Exchange
1.01 City to Chadick. City agrees to exchange and convey unto Chadick, and
Chadick agrees to exchange and accept from City all of that certain tract of real property located
in Dallas County, Texas, consisting of approximately sixteen thousand five hundred thirty-seven
(16,537) square feet and being more particularly described in Exhibit “A,” which is attached
hereto and incorporated herein for all purposes, for the consideration and subject to the terms,
covenants, conditions and provisions herein set forth.
1.02 Chadick to City. Chadick agrees to exchange and convey unto City, and City
agrees to exchange and accept from Chadick all of that certain tract of real property located in
Dallas County, Texas, consisting of approximately sixteen thousand five hundred thirty-seven
(16,537) square feet and being more particularly described in Exhibits “B1" and "B2” which are
attached hereto and incorporated herein for all purposes, for the consideration and subject to the
terms, covenants, conditions and provisions herein set forth.
II.
Consideration
2.01 Purchase Price. The purchase price and/or exchange to be paid for the sale,
exchange and conveyance shall be as follows:
(a) For the property described by metes and bounds in Exhibit "A," Chadick
shall pay to the City the purchase/exchange price of ten dollars ($10.00); and as further
consideration, Chadick shall convey unto City the property described in Exhibits “B1" and "B2”;
and
(b) For the property described by metes and bounds in Exhibits “B1" and
"B2”, City shall pay to Chadick the purchase/exchange price of ten dollars ($10.00); and as
further consideration, City shall convey unto Chadick the property described in Exhibit “A.”
III.
Inspection
3.01 Inspection Obligations.
(a) Chadick and Chadick's Contractors shall: (i) not disturb the tenants, if
any, of the Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause
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bodily harm to City, its agents, contractors, employees or tenants; (iv) maintain general liability
(occurrence) insurance in terms and amounts satisfactory to City covering any accident arising in
connection with the presence of the Chadick, its agents and representatives on the Property; (v)
promptly pay when due the costs of all tests, investigations, and examinations done with regard
to the Property; (vi) not permit any liens to attach to the Property by reason of the exercise of its
rights hereunder; and, (vii) restore the surface of the Property to the condition in which the same
was found before any permitted inspections or tests were undertaken. The obligations of
Chadick created pursuant to this Agreement are called "Chadick's Inspection Obligations."
Notwithstanding any provision of this Agreement to the contrary, no termination of this
Agreement shall terminate the Chadick's Inspection Obligations, and the limitations of damages
as set forth in this Agreement shall not apply to any cause of action arising out of a breach of the
Chadick's Inspection Obligations.
(b) City and City’s Contractors shall: (i) not disturb the tenants, if any, of the
Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause bodily harm
to Chadick, its agents, contractors, employees or tenants; (iv) maintain general liability
(occurrence) insurance in terms and amounts satisfactory to Chadick covering any accident
arising in connection with the presence of the City, its agents and representatives on the
Property; (v) promptly pay when due the costs of all tests, investigations, and examinations done
with regard to the Property; (vi) not permit any liens to attach to the Property by reason of the
exercise of its rights hereunder; and, (vii) restore the surface of the Property to the condition in
which the same was found before any permitted inspections or tests were undertaken. The
obligations of City created pursuant to this Agreement are called "City’s Inspection Obligations."
Notwithstanding any provision of this Agreement to the contrary, no termination of this
Agreement shall terminate the City’s Inspection Obligations, and the limitations of damages as
set forth in this Agreement shall not apply to any cause of action arising out of a breach of the
City’s Inspection Obligations.
3.02 Property Conveyed "AS IS".
(a) CHADICK ACKNOWLEDGES AND AGREES THAT CITY IS
NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER
THAN CITY'S WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY
DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES,
PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS,
INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS , VALUATION,
GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY
OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY
INCLUDING, WITHOUT LIMITATION: (A) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR
FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; AND (B)
THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY. CHADICK AGREES THAT WITH RESPECT TO THE PROPERTY,
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CHADICK HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER
DIRECTLY OR INDIRECTLY, ANY STATEMENT, REPRESENTATION OR
WARRANTY OF CITY OR ANY AGENT OF CITY. CHADICK REPRESENTS THAT
IT IS A KNOWLEDGEABLE CHADICK OF REAL ESTATE AND THAT IT IS
RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF CHADICK'S
CONTRACTORS, AND THAT CHADICK WILL CONDUCT SUCH INSPECTIONS
AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL
RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT
ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL
AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY
CHADICK'S INSPECTIONS AND INVESTIGATIONS. CHADICK ACKNOWLEDGES
AND AGREES THAT UPON CLOSING, CITY SHALL SELL AND CONVEY TO
CHADICK AND CHADICK SHALL ACCEPT THE PROPERTY AS IS, WHERE IS,
WITH ALL FAULTS, AND CHADICK FURTHER ACKNOWLEDGES AND AGREES
THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR
REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY
CITY, ANY AGENT OF CITY OR ANY THIRD PARTY. THE TERMS AND
CONDITIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CLOSING
AND NOT MERGE THEREIN AND SHALL BE INCORPORATED INTO THE
SPECIAL WARRANTY DEED. CITY IS NOT LIABLE OR BOUND IN ANY MANNER
BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR
INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL
ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS
THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN.
(b) CITY ACKNOWLEDGES AND AGREES THAT CHADICK IS NOT
MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER
THAN CHADICK’S WARRANTY OF TITLE SET FORTH IN THE SPECIAL
WARRANTY DEED TO BE DELIVERED AT CLOSING), ZONING, TAX
CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS,
AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR
PROJECTIONS , VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL
REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR
AFFECTING THE PROPERTY INCLUDING, WITHOUT LIMITATION: (A) THE
VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY,
SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE
PROPERTY; AND (B) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF
REPAIR OF THE PROPERTY. CITY AGREES THAT WITH RESPECT TO THE
PROPERTY, CITY HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER
DIRECTLY OR INDIRECTLY, ANY STATEMENT, REPRESENTATION OR
WARRANTY OF CHADICK OR ANY AGENT OF CHADICK. CITY REPRESENTS
THAT IT IS A KNOWLEDGEABLE CITY OF REAL ESTATE AND THAT IT IS
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RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF CITY’S
CONTRACTORS, AND THAT CITY WILL CONDUCT SUCH INSPECTIONS AND
INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE
PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY
UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE
MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY
CHADICK'S INSPECTIONS AND INVESTIGATIONS. CITY ACKNOWLEDGES AND
AGREES THAT UPON CLOSING, CHADICK SHALL SELL AND CONVEY TO CITY
AND CITY SHALL ACCEPT THE PROPERTY AS IS, WHERE IS, WITH ALL
FAULTS, AND CITY FURTHER ACKNOWLEDGES AND AGREES THAT THERE
ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS,
COLLATERAL TO OR AFFECTING THE PROPERTY BY CHADICK, ANY AGENT
OF CHADICK OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS
SECTION SHALL EXPRESSLY SURVIVE THE CLOSING AND NOT MERGE
THEREIN AND SHALL BE INCORPORATED INTO THE SPECIAL WARRANTY
DEED. CHADICK IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL
OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION
PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER,
AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE
SPECIFICALLY SET FORTH OR REFERRED TO HEREIN.
3.03 Environmental Studies.
(a) As additional consideration for the transactions contemplated herein,
Chadick agrees that it will provide to City immediately following the receipt of same by Chadick
copies of any and all reports, tests or studies involving hazardous materials (hereafter defined)
on, under or at the Property which reports, tests or studies shall be addressed to both the City and
Chadick at no cost to City; provided, however, Chadick shall have no obligations to cause any
such tests or studies to be performed on the Property.
(b) As additional consideration for the transactions contemplated herein, City
agrees that it will provide to Chadick immediately following the receipt of same by City copies
of any and all reports, tests or studies involving hazardous materials (hereafter defined) on, under
or at the Property which reports, tests or studies shall be addressed to both the Chadick and City
at no cost to Chadick; provided, however, City shall have no obligations to cause any such tests
or studies to be performed on the Property.
3.04 Release and Indemnity.
(a) CHADICK RELEASES, INDEMNIFIES AND HOLDS CITY
HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION AND EXPENSES
(INCLUDING THOSE ASSERTED AGAINST OR INCURRED BY CITY) WHICH
ARISE OUT OF OR RELATE TO THE PRESENCE, GENERATION, TREATMENT OR
DISPOSITION OF HAZARDOUS MATERIALS ON, UNDER OR AT THE PROPERTY
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OR ANY PROPERTY NEAR THE PROPERTY. THIS SECTION SHALL SURVIVE
CLOSING UNTIL FULLY PERFORMED.
(b) CITY RELEASES, INDEMNIFIES AND HOLDS CHADICK
HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION AND EXPENSES
(INCLUDING THOSE ASSERTED AGAINST OR INCURRED BY CHADICK) WHICH
ARISE OUT OF OR RELATE TO THE PRESENCE, GENERATION, TREATMENT OR
DISPOSITION OF HAZARDOUS MATERIALS ON, UNDER OR AT THE PROPERTY
OR ANY PROPERTY NEAR THE PROPERTY. THIS SECTION SHALL SURVIVE
CLOSING UNTIL FULLY PERFORMED.
IV.
Survey
4.01 Chadick Survey. Within fifteen (15) days after the Effective Date, City shall
deliver to Chadick the Existing Survey. City shall authorize the person or company (the
"Surveyor(s)") who prepared the Existing Survey to cooperate with Chadick in making any
changes or additions (collectively, "Survey Modifications") to the Existing Survey which
Chadick reasonably requests; provided, however, (a) City shall not have any obligations to cause
any Survey Modifications to be done, (b) Chadick shall pay costs of the Survey Modifications,
and (c) the Survey Modifications shall not be conditions to Chadick's obligations pursuant to this
Agreement. Additionally, Chadick may engage another surveyor to prepare the Chadick's
Survey at Chadick's expense.
4.02 City Survey. Within fifteen (15) days after the Effective Date, Chadick shall
deliver to City the Existing Survey. Chadick shall authorize the person or company (the
"Surveyor(s)") who prepared the Existing Survey to cooperate with City in making any changes
or additions (collectively, "Survey Modifications") to the Existing Survey which City reasonably
requests; provided, however, (a) Chadick shall not have any obligations to cause any Survey
Modifications to be done, (b) City shall pay costs of the Survey Modifications, and (c) the
Survey Modifications shall not be conditions to City’s obligations pursuant to this Agreement.
Additionally, City may engage another surveyor to prepare the City’s Survey at City's expense.
V.
Deed
5.01 Quitclaim Deed.
(a) Within fifteen (15) days after the Effective Date, City shall deliver to
Chadick a Quitclaim Deed to the property described in Exhibit “A.”
(b) Within fifteen (15) days after the Effective Date, Chadick shall deliver to
City a Quitclaim Deed to the property described in Exhibits “B1" and "B2”.
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VI.
Remedies
6.01 City's Remedies. In the event Chadick fails to perform its obligations pursuant to
this Agreement for any reason except failure by City to perform hereunder, City shall be entitled
to terminate this Agreement. In the event of Chadick's default or a termination of this
Agreement, and notwithstanding anything in this Section to the contrary, City shall have all
remedies available at law or in equity in the event that Chadick or any party related to or
affiliated with Chadick asserts any claims or right to the Property that would otherwise delay or
prevent City from having clear, indefeasible and marketable title to the Properties. Nothing in
this Section shall limit City's recovery arising out of a breach of Chadick's Inspection
Obligations, Chadick's obligations pursuant to Section 7.04 or any obligations of Chadick arising
subsequent to the Closing.
6.02 Chadick's Remedies. In the event City fails to perform its obligations pursuant
to this Agreement for any reason except failure by Chadick to perform hereunder, Chadick shall
be entitled to terminate this Agreement. In the event of City’s default or a termination of this
Agreement, and notwithstanding anything in this Section to the contrary, Chadick shall have all
remedies available at law or in equity in the event that City or any party related to or affiliated
with City asserts any claims or right to the Property that would otherwise delay or prevent
Chadick from having clear, indefeasible and marketable title to the Properties. Nothing in this
Section shall limit Chadick’s recovery arising out of a breach of City’s Inspection Obligations,
City’s obligations pursuant to Section 7.04 or any obligations of City arising subsequent to the
Closing.
6.03 Attorney's Fees. In the event any litigation arises out of this Agreement between
the parties hereto, the non-prevailing party shall pay the prevailing party all reasonable attorneys'
fees and expenses expended or incurred in connection with such litigation.
VII.
Miscellaneous
7.01 Entire Agreement. This Agreement contains the entire agreement of the parties
hereto. There are no other agreements, oral or written, and this Agreement can be amended only
by written agreement signed by the parties hereto, and by reference made a part hereof.
7.02 Binding Agreement; Assignment. This Agreement, and the terms, covenants,
and conditions herein contained shall inure to the benefit of and be binding upon the successors
and assigns of each of the parties hereto. Chadick may not assign its rights under this Agreement
without City's prior written consent, which consent may be withheld in City's sole discretion.
7.03 Effective Date. The Effective Date of this Agreement shall be the date on which
this Agreement is fully executed by both City and Chadick.
7.04 Notice. Any notice required or permitted to be delivered hereunder may be given
by personal delivery to the party entitled thereto, by facsimile transmission with electronic
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confirmation, or by any courier service which guarantees overnight, receipted delivery,
addressed to City or Chadick, as the case may be, at the address set forth below or at such other
address for a party as such party may specify in writing to the other party from time to time in
accordance with the further provisions of this Section. Any notice given to the proper address
will be deemed to have been received on the earlier of (i) actual receipt, or (ii) the first business
day following deposit with an overnight courier service which guarantees receipted delivery. For
the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided,
be as follows:
City: City of Coppell
ATTN: Jim Witt, City Manager
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
with copy to: Robert E. Hager
Nichols, Jackson, Dillard,
Hager & Smith, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Facsimile: 214-965-0010
Chadick: Chadick Capital L.P.
% Chadick Capital Management
3201 Lovers Lane
Dallas, TX 75225-7627
The parties hereto shall have the right from time to time to change their respective
addresses, and each shall have the right to specify as its address any other address within the
United States of America by at least five (5) days written notice to the other party.
7.05 Time. Time is of the essence in all things pertaining to the performance of this
Agreement.
7.06 Place of Performance. This Agreement is made and shall be performable in
Dallas County, Texas, and shall be construed in accordance with the laws of Texas.
7.07 Section Headings. The section headings contained in this Agreement are for
convenience only and shall in no way enlarge or limit the scope or meaning of the various and
several sections hereof.
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7.08 Authority of City and Chadick. City represents, warrants and covenants to and
with Chadick that City has full right, power and authority to enter into this Agreement and, at
Closing, will have full right, power and authority to consummate the conveyance provided for
herein. Chadick represents, warrants and covenants to and with City that Chadick has full right,
power and authority to enter into this Agreement and, at Closing, will have full right, power and
authority to consummate the conveyance provided for herein.
EXECUTED on this ____ day of __________________, 2007.
CITY:
CITY OF COPPELL, TEXAS
By:
Jim Witt, City Manager
EXECUTED on this ____ day of __________________, 2007.
CHADICK:
CHADICK CAPITAL L.P.
By:
Steven Chadick
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STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ________ day of _______________,
2007, by Steven Chadick, on behalf of Chadick Capital L.P., a limited partnership, on behalf of said
entities.
_________________________________________
NOTARY PUBLIC, State of Texas
My Commission Expires
______________________________
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STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of _______________,
2007, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
_________________________________________
NOTARY PUBLIC, State of Texas
My Commission Expires
______________________________
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
March 27, 2007
11
✔
PROCEDURAL
Consider approval of a contract extension for audit services with Grant Thornton for an additional two year period in
the amount of $57,250 for 2007 and $60,500 for 2008 and authorizing the City Manager to sign.
The audit contract with Grant Thornton covered fiscal years 2004 through 2006 with an option to extend the contract
for two years. Based on the estimated fee proposal, staff would recommend extending the contract. Any additional
fees for other services will require Council's approval.
Funds are budgeted in the Finance Department Other Professional Services account (01-05-01-4220) for Audit Services.
Staff recommends approval.
$Audit-1AR
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
March 27, 2007
12
✔
ORDINANCE
Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No.
2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign.
This amendment is being brought forward to reflect encumbrance carryovers and changes experienced through the
first quarter of the fiscal year. The accompanying memo provides the detail of the amendment.
Staff recommends approval.
$BudAmend-1AR
MEMORANDUM
Date: March 27, 2007
To: Mayor and Council
From: Jennifer Miller, Director of Finance
Via: Clay Phillips, Deputy City Manager
Subject: Budget Amendment - Fiscal Year 2006-07
This budget amendment is being brought forward to reflect encumbrance carryovers, and items that
have been brought before Council during the first quarter of the year.
General Fund
At this time the General Fund revenues are not being amended.
General Fund expenditures are being increased $3,044,568. $2,419,796 is associated with
Encumbrance Carryovers. $250,000 is associated with an economic development incentive. In
addition to Encumbrance Carryovers, Facilities is being amended $33,122 for a generator to be
used for the Police expansion project and other emergency repairs. The Street Department is
being amended an additional $46,755 for decorative metal fencing in the median of Denton Tap
and for a traffic light at Whispering Hills and Sandy Lake. The Traffic Division required an
additional $18,370 for crosswalk modification at Town Center and Denton Tap. The Police
Department is using E-911 funds in the amount of $181,694 for a telephone system upgrade
approved by Council on December 12, 2006. The increases in Parks and Recreation are related
to lighting of monument signs, a concession trailer, demolition of the future Senior Center site,
the fireworks show and funding needed for the fall festival.
Water and Sewer Fund
Expenses are being amended in the Water/Sewer fund for encumbrance carryovers.
Police Special Revenue Fund
Revenues are being amended to reflect grants and forfeitures that have been received. The
expenditures are those associated with Fire Department grants.
Tree Preservation Fund
Revenues are being increased for income actually received. Expenditures are for planting of
trees.
2
Infrastructure Maintenance Fund
Revenues are being amended to reflect current collections plus project reimbursement funds
received. Expenditures are for carryovers.
Historic Preservation
This is a new fund for this fiscal year. Revenues are being amended to reflect the donation
received, while the expenditures were for the purchase of the Kirkland house.
Donations – Special Revenue
Revenues are being amended to reflect donations to the Library and Recycling revenue. The
expenditures are being amended to reflect costs associated with the Library and the 50th
Anniversary Album for the Fire Department.
C.E.D.C. Special Revenue
The revenues are being amended to reflect the anticipated increase in sales tax receipts and
interest earnings.
C.R.D.C. Special Revenue
The revenues are being amended for anticipated increase in Sales Tax revenue. Expenditures are
being amended to reflect encumbrance carryovers.
Municipal Court Technology Fund
Expenditures are being increased for computer equipment related to the Municipal Court.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN
AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER
1, 2006 THROUGH SEPTEMBER 30, 2007; PROVIDING THAT EXPENDITURES FOR
SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August,
2006, file with the City Secretary, a proposed general budget for the City covering the fiscal year
aforesaid, and
WHEREAS, the City Council of the City of Coppell approved said budget on the 12th day
of September, 2006, and
WHEREAS, the governing body of the City has this date considered an amendment to said
budget;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Section No. 2 of Ordinance No. 2006-1135, for the 2006-07 Fiscal Year
Budget, is hereby amended as follows:
General Fund Current Budget Amending Budget Change
Expenditures
Combined Services 997,543 1,247,543 250,000
City Management 728,982 729,247 265
Community Information 192,986 192,739 (247)
City Secretary 266,277 270,804 4,527
Engineering 979,569 986,769 7,200
Facilities 848,761 914,733 65,972
Streets 1,669,920 1,720,666 50,746
Fleet 952,457 962,872 10,415
Traffic 968,402 992,984 24,582
Fire 8,304,158 8,973,110 668,952
Emergency Mgmt. 110,959 111,079 120
Building Inspections 498,888 498,894 6
Finance 843,549 844,852 1,303
Human Resources 1,116,991 1,117,632 641
Purchasing 149,533 150,417 884
Municipal Court 1,114,929 1,119,153 4,224
Planning 414,720 415,544 824
Library 1,568,513 1,562,303 (6,210)
Police 7,255,627 9,000,294 1,744,667
Animal Services 295,183 295,259 76
Information Systems 1,527,750 1,611,458 83,708
Park & Rec. Admin. 932,322 967,636 35,314
Parks 1,088,735 1,125,447 36,712
Environmental Health 288,492 288,752 260
Seniors 128,722 128,965 243
Recreation 1,628,013 1,640,661 12,648
Ballfield Maintenance 764,504 765,218 714
Tennis Center 167,222 168,244 1,022
Community Programs 212,557 257,557 45,000
Total Expenditures 3,044,568
Decrease in Designated Fund Balance (2,851,489)
Net Expenditure Increase 193,079
Net decrease in Undesignated Fund Balance $193,079
Water/Sewer Fund Current Budget Amending Budget Change
Expenses
Utility Operations $1,622,022 $1,725,893 $103,871
Net Decrease in Projected Retained Earnings $103,871
Police Spec. Rev. Fund Current Budget Amending Budget Change
Revenues $11,000 $385,075 $374,075
Expenditures 60,700 144,230 83,530
Net Increase in Projected Fund Balance $290,545
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $5,000 $12,000 $7,000
Expenditures 0 49,164 49,164
Net Decrease in Projected Fund Balance $ 42,164
Infrastructure Maint Fund Current Budget Amending Budget Change
Revenues $1,064,000 $1,135,155 $71,155
Expenditures 984,000 1,256,376 272,376
Net Decrease in Projected Fund Balance $201,221
Historic Preservation Current Budget Amending Budget Change
Revenues 0 $252,000 $252,000
Expenditures 0 $151,427 $151,427
Net Increase in Projected Retained Earnings $100,573
Donations-Special Revenue Current Budget Amending Budget Change
Revenues $27,500 $43,925 $16,425
Expenditures 41,130 60,630 19,500
Net Decrease in Projected Fund Balance $3,075
C.E.D.C. Spec. Revenue Current Budget Amending Budget Change
Revenues $3,400,000 $4,800,000 $1,400,000
Net Increase in Projected Fund Balance $1,400,000
C.R.D.C. Spec. Revenue Current Budget Amending Budget Change
Revenues $2,529,630 $3,829,630 $1,300,000
Expenditures 93,316 441,816 348,500
Net Increase in Projected Fund Balance $951,500
Mun. Court Tech. Fund Current Budget Amending Budget Change
Expenditures $0 $2,500 $2,500
Net Decrease in Projected Fund Balance $2,500
SECTION 2. EFFECTIVE DATE.
That this ordinance shall become effective immediately from and after its passage as the law
and charter in such cases provide.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day
of March 2007.
APPROVED:
______________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________________
LIBBY BALL, 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:
ȱ
PLANNING
March 27, 2007
13
✔
PUBLIC HEARING
Consider approval of Case No. PD-221R-HC, Duke Lesley Addition, zoning change request from PD-221-HC (Planned
Development-221-Highway Commercial) to PD-221R-HC (Planned Development-221 Revised-Highway Commercial) to
attach a Detail Site Plan to allow for a 182,700-square-foot office building on 11.85 acres of property located at the
southwest corner of the proposed extension of Dividend Drive and S. Beltline Road.
The following P&Z condition remains outstanding:
1) Redesign the layout of the Landscape Plan to be more in line with an office building complex, vs. warehouse.
On February 15, 2007, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-mentioned conditions.
Staff recommends approval.
@1PD-221R-HC, DL 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-221R-HC, Duke Lesley Addition
P&Z HEARING DATE: February 15, 2007
C.C. HEARING DATE: March 27, 2007 (March 13th meeting cancelled because of Spring
Break)
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: Southwest corner of the proposed extension of Dividend Drive and
S. Beltline Road
SIZE OF AREA: 11.85 acres of property
CURRENT ZONING: PD-221-HC (Planned Development-221-Highway Commercial)
REQUEST: Zoning change request from PD-221-HC (Planned Development-
221-Highway Commercial) to PD-221R-HC (Planned Development-
221 Revised-Highway Commercial) to approve a Detail Site Plan
allowing the construction of a 182,700-square-foot office building.
APPLICANT: Duke Realty
Brian Pierce
5495 Beltline Road
Suite 360
Dallas, TX 75254
(972) 361-6700
Fax: (972) 361-6800
HISTORY: Council approved a zoning change on a 78-acre portion of the Lesley
tract from A (Agriculture) to HC (Highway Commercial) on
December 12, 2006. At the same time, a Preliminary Plat was
approved on the entire 184-acre parcel to construct two major streets
through the property. Also at that time, the applicant indicated a
ITEM # 4 Page 1 of 3
second zoning request to Planned Development would be made on
78 acres in early 2007. That occurred last month when a Conceptual
PD was approved on 78 acres, as well as a Final Plat on the street
portion of the 184 acres. This application is a Detail Site Plan to
allow the construction of a 183,000-square-foot office building on
11.9 of the 78-acre parcel.
TRANSPORTATION: Beltline Road is a P6D, major thoroughfare built to standard in a
120-foot right-of-way. LBJ Freeway is an interstate highway built to
federal highway guidelines. The extension of Dividend Drive, a
C4D, is being constructed through this property and will be a four-
lane divided roadway contained within a 90-foot right-of-way. A
second road, Point West Boulevard, is also under construction here
and will be a local street of 32-foot width contained within a 50-foot
right-of-way with five-foot sidewalk and utility easements along
each side.
SURROUNDING LAND USE & ZONING:
North –Middle School West and warehousing; LI, (Light Industrial)
South– developing commercial; City of Irving
East – vacant; A (Agriculture)
West – office, developing commercial; LI (Light Industrial), City of
Irving
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property
as suitable for freeway office and commercial uses.
DISCUSSION: This detailed plan proposes a three-story 183,000-square-foot office
building as the first structure constructed on the Lesley tract—the
last vacant major property entry into Coppell. Being the first
structure to be built on this high visibility parcel, it is critical that the
architecture of the building convey a design style that enhances and
complements the good design and use of past development projects.
When the PD was approved, one condition allowed tilt-wall
construction on any building over 50,000-square-feet. This building
is primarily tilt-wall, but several design features give it a more
traditional style. By combining the concrete tilt-wall façade with a
series of three-story stone entry features, the stark texture of concrete
is balanced by a softer, warmer, more attractive overall building
more in line with what has been built in Coppell. The color
combination, coupled with the vast amount of glassed areas,
enhances the overall impact of the building. In addition, the
Landscape Plan meets our landscaping requirements and
complements the overall impact of the project, thus creating an
ITEM # 4 Page 2 of 3
attractive addition to the City. For the most part, staff supports this
request although there are minor technical alterations needing to be
addressed. The conditions section of the staff
RECOMMENDATION details what needs to be corrected.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the
following conditions:
1) Correct front yard dimensions; some places it is 50’-0” and in
others it is 50’-6”
2) Dimension west property line to parking lot.
3) Correct west side Landscape Plan dimensions.
4) Dimension south property line to parking lot.
5) Zoning is PD-221-HC, not proposed PD-HC.
6) On Landscape Plan required parking is 610, not 609.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Overall Site Plan
2) Detail Site Plan
3) Landscape Plan (2 sheets)
4) Elevations (3 sheets)
ITEM # 4 Page 3 of 3
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
PLANNING
March 27, 2007
14
✔
PRESENTATION
Consider approval of the Duke Lesley Addition, Lot 3, Block C, Final Plat to establish a building site, fire lanes and
easements to allow the construction of a 182,700-square-foot office building on 11.85 acres of property located at the
southwest corner of the proposed extension of Dividend Drive and S. Beltline Road.
There are no outstanding P&Z conditions.
On February 15, 2007, the Planning Commission unanimously
recommended approval of this Final Plat (7-0), subject to the
above-mentioned conditions.
Staff recommends approval.
@2Duke Lesley, L3, BC, FP 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Duke Lesley Addition, Lot 3, Block C, Final Plat
P&Z HEARING DATE: February 15, 2007
C.C. HEARING DATE: March 27, 2007 (March 13th meeting cancelled because of Spring
Break)
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: Southwest corner of the proposed extension of Dividend Drive and
S. Beltline Road
SIZE OF AREA: 11.85 acres of property
CURRENT ZONING: PD-221-HC, (Planned Development 221-Highway Commercial)
REQUEST: Final Plat approval to establish a building site, fire lanes and
easements to allow the construction of a 182,700-square-foot office
building.
APPLICANT: Owner: Engineer:
Duke Realty Pacheco Koch Engineers
Brian Pierce Jack Evans
5495 Beltline Road 8350 N. Central Expy.
Suite 360 Suite 1000
Dallas, TX 75254 Dallas, TX 75206
(972) 361-6700 (972) 235-3031
Fax: (972) 361-6800 Fax: (972) 235-9544
HISTORY: City Council approved a zoning change on a 78-acre portion of the
Lesley tract from A (Agriculture) to HC (Highway Commercial) on
December 12, 2006. At the same time, a Preliminary Plat was
approved on the entire 184-acre parcel to construct two major streets
through the property. Also at that time, the applicant indicated a
ITEM # 5 Page 1 of 3
second zoning request to Planned Development would be made on
the 78 acres in early 2007. That occurred last month when a
Conceptual PD was approved on 78 acres, as well as a Final Plat on
the street portion of the 184 acres. This request is to create a legal
building site for the 183,000-square-foot office building already
heard as a Detail PD, in the form of an 11.9-acre Final Plat.
TRANSPORTATION: Beltline Road is a P6D, major thoroughfare built to standard in a
120-foot right-of-way. LBJ Freeway is an interstate highway built to
federal highway guidelines. The extension of Dividend Drive, a
C4D, is being constructed through this property and will be a four-
lane divided roadway contained within a 90-foot right-of-way. A
second road, Point West Boulevard, is also under construction here
and will be a local street of 32-foot width contained within a 50-foot
right–of-way with five-foot sidewalk and utility easements along
each side.
SURROUNDING LAND USE & ZONING:
North –Middle School West and warehousing; LI (Light Industrial)
South– developing commercial; City of Irving
East – vacant; A (Agriculture)
West – office, developing commercial; LI (Light Industrial), City of
Irving
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as
suitable for freeway office and commercial uses.
DISCUSSION: This is a Final Plat for Lot #3, Block C, of the Duke Lesley Addition
so construction can begin on the 183,000-square-foot office building
heard earlier. If approved, erection would begin in the early spring
of 2007. Inasmuch as we encourage office development along
Beltline and the fact that this proposal is in conformance with the
Comprehensive Plan, staff can support this request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this Final Plat of the Duke Lesley
Addition, subject to the following conditions:
1) Change zoning classification from HC to PD-HC on Lots 1, 2
and 3 of Block C and on the remainder of Tract 1.
2) Remove Note #5 pertaining to provisions of sidewalks
(sidewalks are required along Beltline and Dividend).
ITEM # 5 Page 2 of 3
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Final Plat document
ITEM # 5 Page 3 of 3
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
PLANNING
March 27, 2007
15
✔
PUBLIC HEARING
Consider approval of Case No. S-1237-C, Da Dusty Cellar, zoning change request from C (Commercial) to S-1237-C
(Special Use Permit-1237-Commercial) to allow a 3,000-square-foot convenience/retail store to be located at 751 S.
MacArthur Blvd., #505.
The following P&Z condition remains outstanding:
1) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use.
On February 15, 2007, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-mentioned conditions.
Staff recommends approval.
@3S-1237-C, DaDustyC 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: S-1237-C, Da Dusty Cellar
P&Z HEARING DATE: February 15, 2007
C.C. HEARING DATE: March 27, 2007 (March 13th meeting cancelled because of
Spring Break)
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 751 S. MacArthur Boulevard, #505
SIZE OF AREA: 3,000-square-foot convenience/retail store
CURRENT ZONING: C (Commercial)
REQUEST: Zoning change request from C (Commercial) to S-1237-C (Special
Use Permit 1237-Commercial) to allow a convenience/retail store at
the above-mentioned location.
APPLICANT: Premium Beverage, Inc. Richard King, Architect
Da Dusty Cellar RK Planning
12200 Stemmons Freeway, #301 5206 Woodmeadow Dr.
Dallas, TX 75234 Garland, TX 75043
(972) 789-1331 (214) 236-9289
FAX: (972) 789-1332 FAX: (972) 270-6352
HISTORY: Coppell Crossing Phase V was constructed in 2001, and this portion of the
building has never been occupied. The lease space abutting to the east was
originally occupied by Pizza Inn (S-1192), which recently relocated to
Coppell Crossing, Phase IV, between Pan Acean Restaurant (S-1188) and
the proposed Kegs N Cellar.
ITEM #6 Page 1 of 3
TRANSPORTATION: MacArthur Blvd. is a P6D, shown on the Thoroughfare Plan and
built as a six-lane divided thoroughfare adjacent to this shopping
center.
SURROUNDING LAND USE & ZONING:
North – mini-warehouse, PD-151-C (Planned Development-151-Commercial)
South– shopping center; C (Commercial)
East – Burger King; S-1157-C (Commercial)
West – TXU electric transmission line; A (Agriculture)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property
as suitable for Regional Retail Uses.
DISCUSSION: This request is to allow a beverage store (beer and wine) to occupy this lease
space. Per the definition of Convenience Store, as amended in Ordinance
#91500-A-445:
:
“Convenience Store: A small retail store, generally under 3,000
square feet, which typically sells groceries and retail sales of non-
food items or prepared foods, hot and cold beverages and
packaged beverages or a combination. The outside storage or
display and sale in the open, outside the building of groceries,
packaged beverages and consumer goods and drive-through or
drive-up service is prohibited.”
This use requires a Special Use Permit. Compliance with all applicable
TABC rules and regulations, as well as City of Coppell Ordinance #2006-
1143, which regulates location and hours of operation, will also be required.
Specifically, the sale of alcoholic beverages for off-premise consumption shall
not occur after midnight or before 7 a.m., except for Sundays, when sales shall
not occur before noon. The hours of operation for this store shall adhere to
these stated times. This use is compliant with the separation criteria, whereas
it is not within 300 feet of a church, hospital, public or private school.
The only issue with this request is the proposed signage/business name.
While the color, size and location on the lease space is compliant with the
provisions of the Zoning Ordinance, and will match other signs in this
shopping center, the name of this store is an issue. As requested, the sign is
proposed to read “Da Dusty Cellar” with the words “Beer and Wine” below.
It has been the interpretation of the Building Official that this sign is not
compliant with City policy, which applies the following Zoning Ordinance
requirement to all businesses that sell alcoholic beverages for either on- or
off-premise consumption:
“12-30-16.3. Signs. Exterior signs, other than established
trade names, located on the outside of the building or premises
ITEM #6 Page 2 of 3
of a restaurant, shall not advertise or refer to the sale or
consumption of alcoholic beverages by words or symbols.”
It is suggested by staff that Premium Beverage is an appropriate name, but the
words “Beer and Wine” need to be deleted from the sign.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Case No. S-1237, for a convenience
store, subject to:
1) Revised name/signage, including the deletion of the words “beer and
wine”.
2) Compliance with all City of Coppell Ordinances, as well as TABC
rules and regulations, which are specific to this use.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Floor Plan
3) Building Elevations with proposed signage.
ITEM #6 Page 3 of 3
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
PLANNING
March 27, 2007
16
✔
PUBLIC HEARING
Consider approval of Case No. S-1238-C, Kegs N Cellar, zoning change request from C (Commercial) to S-1238-C
(Special Use Permit-1238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S.
MacArthur Blvd., #413-417.
The following P&Z condition remains outstanding:
1) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use.
On February 15, 2007, the Planning Commission recommended
approval of this zoning change (6-1), subject to the above-mentioned
conditions. Commissioner Borchgardt opposed.
Staff recommends approval.
@4S-1238-C, KegsNC 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: S-1238-C, Kegs N Cellar
P&Z HEARING DATE: February 15, 2007
C.C. HEARING DATE: March 27, 2007 (March 13th meeting cancelled because of
Spring Break)
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 777 S. MacArthur Boulevard, #413-417
SIZE OF AREA: 2,850-square-foot convenience/retail store
CURRENT ZONING: C (Commercial)
REQUEST: Zoning change request from C (Commercial) to S-1238-C (Special
Use Permit 1238-Commercial) to allow a convenience/retail store at
the above-mentioned location.
APPLICANT: Trident Beverage, Inc. Richard King, Architect
Dab Kegs N Cellar RK Planning
12200 Stemmons Freeway, #301 5206 Woodmeadow Dr.
Dallas, TX 75234 Garland, TX 75043
(972) 789-1331 (214) 236-9289
FAX: (972) 789-1332 FAX: (972) 270-6352
HISTORY: Coppell Crossing, Phase IV, was constructed in 2001, and this portion of the
building has never been occupied. The lease space abutting to the west was
originally occupied by Tasty Donuts (S-1187) and is currently occupied by
Pizza Inn (S-1187R), which recently relocated from Coppell Crossing,
Phase V (behind Burger King). The remainder of the building is occupied
by Pan Acean Restaurant (S-1188).
ITEM #7 Page 1 of 3
TRANSPORTATION: MacArthur Blvd. is a P6D, shown on the Thoroughfare Plan and
built as a six-lane divided thoroughfare adjacent to this shopping
center.
SURROUNDING LAND USE & ZONING:
North –shopping center; C (Commercial)
South– DART R.O.W. and retail; A (Agriculture) and PD-157-C, (Planned
Development–157-Commercial)
East – shopping center; R (Retail)
West – shopping center; C (Commercial)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property
as suitable for Regional Retail uses.
DISCUSSION: This request is to allow a beverage store (beer and wine) to occupy this lease
space. Per the definition of Convenience Store, as amended in Ordinance
#91500-A-445:
“Convenience Store: A small retail store, generally under 3,000
square feet, which typically sells groceries and retail sales of non-
food items or prepared foods, hot and cold beverages and
packaged beverages or a combination. The outside storage or
display and sale in the open, outside the building of groceries,
packaged beverages and consumer goods and drive-through or
drive-up service is prohibited.”
This use requires a Special Use Permit. Compliance with all applicable
TABC rules and regulations, as well as City of Coppell Ordinance #2006-
1143, which regulates location and hours of operation, will also be required.
Specifically, the sale of alcoholic beverages for off-premise consumption shall
not occur after midnight or before 7 a.m., except for Sundays, when sales shall
not occur before noon. The hours of operation for this store shall adhere to
these stated times. This use is compliant with the separation criteria, whereas
it is not within 300 feet of a church, hospital, public or private school.
The only issue with this request is the proposed signage/business name.
While the color, size and location on the lease space is compliant with the
provisions of the Zoning Ordinance, and will match other signs in this
shopping center, the name of this store is an issue. As requested, the sign is
proposed to read “Kegs N Cellar” with the words “Beer and Wine” below. It
has been the interpretation of the Building Official that this sign is not
compliant with City policy, which applies the following Zoning Ordinance
ITEM #7 Page 2 of 3
requirement to all businesses that sell alcoholic beverages for either on- or
off-premise consumption:
“12-30-16.3. Signs. Exterior signs, other than established
trade names, located on the outside of the building or premises
of a restaurant, shall not advertise or refer to the sale or
consumption of alcoholic beverages by words or symbols.”
It is suggested by staff that Trident Beverage is an appropriate name, but the
words “Beer and Wine” need to be deleted from the sign.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Case No. S-1238, for a convenience
store, subject to:
1) Revised name/signage, including the deletion of the words “beer and
wine”.
2) Compliance with all City of Coppell Ordinances, as well as TABC
rules and regulations, which are specific to this use.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Floor Plan
3) Building Elevations with proposed signage.
ITEM #7 Page 3 of 3
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:
PLANNING
March 27, 2007
17
✔
PUBLIC HEARING
Consider approval of Case No. PD-108R2.2-SF-9, The Reserve, Lot 11, Block B, zoning change request from
PD-108R2-SF-9 (Planned Development-108 Revision 2-Single Family-9) to PD-108R2.2-SF-9 (Planned Development-108
Revision 2.2-Single Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on
property located at 725 Penfolds.
There are no conditions.
On February 15, 2007, the Planning Commission recommended
approval of this zoning change (5-2), with no conditions.
Commissioners Frnka and Reese opposed.
Staff recommends approval.
@5PD-108R2.2-SF-9, Resv. 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-108R2.2-SF-9, The Reserve
P&Z HEARING DATE: February 15, 2007
C.C. HEARING DATE: March 27, 2007 (March 13th meeting cancelled because of
Spring Break)
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 725 Penfolds in The Reserve subdivision
SIZE OF AREA: 0.59 acres of property
CURRENT ZONING: PD-108R2-SF-9 (Planned Development-108 Revision 2-
Single Family-9)
REQUEST: To allow up to 30% stucco and to permit alternate paving
materials for the driveway.
APPLICANT: Terry Holmes
The Holmes Builders
2629 Dickerson Parkway, Suite 110
Carrollton, TX 75007
(972) 242-1770
FAX: (972) 242-2931
HISTORY: In 1998 City Council approved a change in zoning from PD-108-LI (Planned
Development-108-Light Industrial) to PD-108R2-SF-9 (Planned
Development-108 Revision 2-Single Family-9) to permit the development of
23 residential lots on 9.71 acres of property, subsequently platted as The
Reserve. In 2003 a Minor Amending Plat was approved which revised the
finished floor elevations on seven lots within this subdivision.
ITEM # 8 Page 1 of 3
In November 2001 Council denied a request to amend this PD for the lot
located at the southeast corner of Park Road and Benson Lane to allow the
relocation of the masonry wall from 10’ to 5’ from the western property
line. Lack of property hardship, potential loss of trees and the visual
encroachment on the planned open space along Park Road, the only entry
point into Grapevine Springs Park, were cited as the reasons.
TRANSPORTATION: Bethel Road and Park Road are currently two-lane asphalt
roads without curb and gutter within a 50-foot wide right-of-
way. Bethel Road is designated as a C2U, a collector street
adjacent to this property and is currently scheduled for
improvement in the 2nd quarter of 2008.
SURROUNDING LAND USE & ZONING:
North – single family homes – PD-108R2
South– Grapevine Springs Park – H (Historic)
East – Grapevine Springs Park – H (Historic)
West – Grapevine Springs Park – H (Historic)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property
as suitable for residential, medium density housing.
DISCUSSION: This property is one of the last lots to be developed in this subdivision. The
builder plans to construct a five bedroom, two-story 9,699-square-foot home
(6,883-square-foot print), including a natatorium. This home shall be in
compliance with all regulations of PD-108-R2-SF-9, (lot coverage, height,
setbacks, etc.), except for the percentage of non-masonry materials. The PD
states:
“Type of Exterior Construction: At least 80 percent of the exterior
walls of the first floor of all structures shall be of masonry
construction (see Section 12-42-1) exclusive of doors, windows and
the area above the top plate line. Each story above the first floor of a
straight wall structure shall be at least 80 percent masonry exclusive
of doors, windows and the area above the top plate line.”
The applicant is requesting a variance to this regulation, whereas up to 30%
of the home would be allowed to be stucco, which is a non-masonry
material, as defined in the Zoning Ordinance. The percentage of stucco
varies on each elevation; the front elevation will be 27% stucco, the rear
62% and the east and west sides 34% and 23%, respectively.
The second variance is to allow for alternative paving materials for the
driveway. Section 12-31-1.3. of the Zoning Ordinance, Special off-street
parking provisions, residential districts states: “Parking shall be allowed
only on a paved concrete surface”. The applicant is proposing to use brick
ITEM # 8 Page 2 of 3
pavers over 1’ sand and 8” flex base. Due to the fact that this is on private
property and long-term maintenance will be the responsibility of the
property owner, staff supports this requested variance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-108R2.2-SF-9, The Reserve, Lot
11, Block B, 725 Penfolds Lane, allowing for up to 30% non-masonry
materials (stucco) and alternative paving materials for the driveway, with no
conditions.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Floor Plan
3) Elevations (2 pages)
ITEM # 8 Page 3 of 3
DATE: March 27, 2007
ITEM #: 18
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the Easter Egg Hunt.
B. Report by Mayor Stover regarding acknowledgment of Krogers and I’Fratelli Pizza
and other merchants for donations to homeless shelters.
C. Report by Mayor Stover regarding Northlake College at Coppell
D. Report by Councilmember Brancheau regarding National League of Cities.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: March 27, 2007
ITEM #: 19
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: March 27, 2007
ITEM #: 20
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: March 27, 2007
ITEM #: 21
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: March 27, 2007
Department Submissions:
Item Nos. 7 and 10/F 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 No. 10/G was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Engineering Department
Item Nos. 13, 14, 15, 16 and 17 were placed on the Agenda for the
above-referenced City Council meeting by the Planning Department. I
have reviewed the Agenda Requests (and any backup if applicable) and
hereby submit these items to the City Council for consideration.
____________________
Planning Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)