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CP 2007-04-24 NOTICE OF CITY COUNCIL MEETING AND AGENDA APRIL 24, 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: Leadership Dinner 5:30 p.m. Atrium (By Invitation) Call to Order 6:00 p.m. Council Chambers (Open to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) PRIOR TO CONVENING THE MEETING, MAYOR AND COUNCIL WILL HAVE DINNER IN THE ATRIUM WITH THE GRADUATES OF LEADERSHIP COPPELL 2007 Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, April 24, 2007, at 6:00 p.m. for Work Session, Executive 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. ag042407 Page 1 of 5 ITEM # ITEM DESCRIPTION The purpose of the meeting is to consider the following items: 1. Call to order. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Water Conservation. B. Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Lease of city-owned property. 2. Sale of land west of Denton Tap and south of Bethel. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Adjourn Executive 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. ag042407 Page 2 of 5 ITEM # ITEM DESCRIPTION 5. Invocation. 6. Pledge of Allegiance. 7. Graduation ceremony for Leadership Coppell class of 2007. 8. Consider approval of proclamations honoring recipients of the Girl Scout Gold Award, and authorizing the Mayor to sign. 9. Consider approval of a proclamation naming the month of May 2007 Motorcycle Safety and Awareness Month, and authorizing the Mayor to sign. 10. Consider approval of a proclamation naming April 25 as National Secretary's/Office Professional's Day, and authorizing the Mayor to sign. 11. Consider approval of a proclamation naming April 29 - May 5 as Municipal Clerks Week, and authorizing the Mayor to sign. 12. Citizens' Appearances. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 10, 2007. B. Consider approval to rescind the previously awarded Bid # Q-0906- 02 for the Exterior Overcoating of Water Tower One to N.G. Painting, L.P. and to award the bid to Tri-Brothers Contracting in an amount of $95,000 as budgeted. END OF CONSENT 14. Consider approval of an Interlocal Agreement between the city of Coppell and D/FW International Airport for the development of property located at the southeast corner of Royal Lane and I.H. 635E; and authorizing the Mayor to sign. 15. Consider approval of an ordinance amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Conservation and ag042407 Page 3 of 5 ITEM # ITEM DESCRIPTION Drought Contingency Plan by restricting outside watering between the hours of 10:00 a.m. and 6:00 p.m.; and authorizing the Mayor to sign. 16. Consider approval of a variance from Chapter 226.167d(5) regarding the Texas Food Establishment Code to the Hard Eight Restaurant. 17. City Manager's Report. A. ICLEI. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding Coppell Relay for Life Event April 28-29. B. Report by Mayor Stover regarding Education Foundation Recognition Dinner May 1. C. Report by Mayor Stover regarding Early Voting for School Board. D. Report by Mayor Stover regarding Youth Advisory Council Drug Forum. E. Report by Councilmember York regarding Employee Banquet. 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. ag042407 Page 4 of 5 ITEM # ITEM DESCRIPTION 21. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 20th day of April, 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). ag042407 Page 5 of 5 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: April 24, 2007 ITEM #: WS-2 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Water Conservation. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DATE: April 24, 2007 ITEM #: ES-3 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 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Lease of city-owned property. 2. Sale of land west of Denton Tap and south of Bethel. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %executivesession 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 City Manager April 24, 2007 7 ✔ PRESENTATION Graduation ceremony for Leadership Coppell class of 2007. Deborah Brune, Gary Cravens, Ace Fernandes, John Fox, Belinda Hill, Larry Inman, Grace Johnson, Mary Karish, Anna Kittrell, Vondel Kremeier, Tom Manchester, Tanya McDonald, Clarissa Osorio, Diane Parks, Chris Purcell, and Tom Trahan. !Graduation 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 April 24, 2007 8 ✔ PROCLAMATION Consider approval of proclamations honoring recipients of the Girl Scout Gold Award, and authorizing the Mayor to sign. Stephanie Arterbery, Amy Carnahan, Kimberly Cook, Kathryn Dunn, Sarah Kittrell, Meghan Smits, Kaitlin Sullivan, and Kathryn White. Staff recommends approval. !GirlScout PROCLAMATION WHEREAS, the Girl Scout Gold Award expresses a girl's special commitment to herself, her community, her world, and the future; and WHEREAS, five requirements must be fulfilled in order to earn the Girl Scout Gold Award, all of which promote community service, personal and spiritual growth, positive values, and leadership skills; and WHEREAS, through earning the Gold Award, these young women build skills that will ensure their future success, and many develop a life- long commitment to community service; and WHEREAS, the young women here tonight from the Girl Scouts of Tejas Council are residents of Coppell who has earned this elite honor. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby congratulate them for their hard work, commitment and perseverance. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this day of April 2007. _________________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary 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 City Manager April 24, 2007 9 ✔ PROCLAMATION Consider approval of a proclamation naming the month of May 2007 MOTORCYCLE SAFETY AND AWARENESS MONTH, and authorizing the Mayor to sign. Staff recommends approval. Staff recommends approval. !Motorcycle PROCLAMATION WHEREAS, Today’s society is finding more citizens involved in motor- cycling on the roads of our country; and WHEREAS, Motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers; and WHEREAS, Campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and most of all fatalities, through a comprehensive approach to motorcycle safety; and WHEREAS, It is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, Texas do hereby proclaim the month of May 2007 as “MOTORCYCLE SAFETY AND AWARENESS MONTH” and urge all in our community to become aware of the inherent danger involved in operating a motorcycle and give the operator the respect on the road they deserve. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of April 2007. ________________________________ Douglas N. Stover, Mayor ATTEST: _____________________ Libby Ball, City Secretary 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 April 24, 2007 10 ✔ PROCLAMATION Consider approval of a proclamation naming April 25 as NATIONAL SECRETARY'S/OFFICE PROFESSIONAL'S DAY, and authorizing the Mayor to sign. Recommend approval. Recommend approval. !Secretary PROCLAMATION WHEREAS, Wednesday, April 25 is set aside to honor all Office Professionals in conjunction with National Professional Secretary's Day; and WHEREAS, the city of Coppell is proud of the dedication and hard work of their Secretaries and Office Professionals; and WHEREAS, our Secretaries and Office Professionals are primarily responsible for keeping our City running effectively and efficiently; and WHEREAS, the city of Coppell extends special thanks to all the Secretaries and Office Professionals in the organization. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby proclaim Wednesday, April 25 as "NATIONAL SECRETARY'S/OFFICE PROFESSIONAL'S DAY" in the city of Coppell, and encourage all Directors and Supervisors to recognize these employees as the professionals they truly are. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of April 2007. ____________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary 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 April 24, 2007 11 ✔ PROCLAMATION Consider approval of a proclamation naming April 29 - May 5 as MUNICIPAL CLERKS WEEK, and authorizing the Mayor to sign. Staff recommends approval. PROCLAMATION WHEREAS, The office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and WHEREAS, The office of the Municipal Clerk is the oldest office among public servants; and WHEREAS, The office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishment of the office of the Municipal Clerk. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do recognize the week of April 29 through May 5, 2007, as "MUNICIPAL CLERKS WEEK" and further extend appreciation to our Municipal Clerk, Libby Ball, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this 24th day of April 2007. ________________________________________ Douglas N. Stover, Mayor ATTEST: _____________________________ Libby Ball, City Secretary DATE: April 24, 2007 ITEM #: 12 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 April 24, 2007 13/A ✔ PROCEDURAL Consider approval of minutes: April 10, 2007. Minutes of the City Council meeting held on April 10, 2007. Staff recommends approval. %minutes MINUTES OF APRIL 10, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 10, 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 Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Councilmember York 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. 2. Registered Sex Offenders. cm041007 Page 1 of 13 B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of land west of Denton Tap and south of Bethel. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:41 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:45 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Time Warner regarding Customer Service Standards portion of their franchise agreement. B. Presentation and discussion regarding Youth Action Committee activities. C. Redevelopment of Commercial Properties. D. Discussion regarding Council Retreat Objectives. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Mayor Pro Tem Faught led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming April 21, 2007 as Arbor Day and authorizing the Mayor to sign. cm041007 Page 2 of 13 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Brad Reid, Director of Parks and Recreation. Action: Councilmember Tunnell moved to approve a proclamation naming April 21, 2007 as Arbor Day 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, Tunnell and Franklin voting in favor of the motion. 8. Consider approval of a Proclamation naming the week of April 22 through April 28, 2007 as National Crime Victims' Rights Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Lt. Steve Thomas and Mitzie Duke, Victims’ Assistance Counselor. Action: Councilmember Peters moved to approve a Proclamation naming the week of April 22 through April 28, 2007 as National Crime Victims' Rights Week, 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, Tunnell and Franklin voting in favor of the motion. 9. Recognition of receipt by the Park and Recreation Department, of the Texas Recreation and Park Society Lone Star Programming Award. Presentation: The City of Coppell received the Lone Star Programming Award from the Texas Recreation and Park Societies. Mayor Stover presented the award to Ester Moreno for her work on KidzConnect. cm041007 Page 3 of 13 10. Presentation by April P. Shaw, Commander, United States Public Health Services, regarding the city of Coppell involvement in the Voluntary National Retail Food Regulatory Program Standards. Presentation: Commander April Shaw with the United States Public Health Services made a presentation and presented Certificates of Achievement to Mayor Stover. 11. Presentation by Ray Turco regarding Citizen Survey. Presentation: Ray Turco made a presentation to the Council and reviewed the recent Citizen Satisfaction Survey results. 12. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: March 27, 2007. B. Consider approval of accepting the resignation of Judy Malone, Alternate, from the Board of Adjustment. C. Consider approval of the Camp Do-It-All Standards of Care and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-221- HC, Duke Lesley Addition, zoning change from HC (Highway Commercial) to PD-221-HC (Planned Development-221-Highway Commercial) to allow for tilt- wall construction and additional attached signage on the office buildings that are 50,000-square-feet or larger and cm041007 Page 4 of 13 to allow for the development of mixed uses, including retail, office, and hotel on a total of 78.5 acres of property located at the northwest corner of IH-635 and South Beltline Road, and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C and D carrying Ordinance No. 91500-A-453. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell and Franklin voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Case No. PD-224-HC, Northlake College, zoning change request from C (Commercial), HC (Highway Commercial) and LI (Light Industrial) to PD-224-HC (Planned Development-224-Highway Commercial) for college and ancillary uses on approximately 37 acres of property and to attach a Detail Site Plan for Phase 1 to allow the construction of a 37,000-square-foot building on approximately 10 acres of property located at the southeast corner of S.H. 121 and W. Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Dr. Herlinda Glasscock, President of Northlake College, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Brancheau moved to close the Public Hearing and approve Case No. PD-224-HC, Northlake College, zoning change request from C (Commercial), HC (Highway Commercial) and LI (Light Industrial) to PD-224-HC (Planned Development-224-Highway Commercial) for college and ancillary uses on approximately 37 acres of property and to cm041007 Page 5 of 13 attach a Detail Site Plan for Phase 1 to allow the construction of a 37,000-square-foot building on approximately 10 acres of property located at the southeast corner of S.H. 121 and W. Sandy Lake Road; subject to the following conditions: Concept Site Plan 1) Delete proposed parking Phase 1 data box, relates to City of Irving Zoning Standards. The information for Coppell is adequately covered in the other data box. (PARTIALLY MET) Detail Site Plan 1) Fire Hydrant Layout and curve radii for fire lanes must meet minimum standards. Preliminary Landscape Plan 1) Add the dimension of the boundaries of the property. Existing and proposed utility easements need to be indicated to determine if there are conflicts with proposed plantings. Engineering Department Comments 1) Any future median cuts will also require the construction of the corresponding left turn bays. 2) Be advised that even though you are showing a proposed 10" sewer line to flow to the south and tie into the existing 8" sewer line may be inadequate for your development. The City of Coppell is in the process of obtaining a sewer analysis for this property analyzing capacity through the existing 8" sewer line to the north or tying into the existing 8" at the intersection of Royal Lane and Northpoint Dr. or running a completely new sewer line that would go to the intersection of Royal Lane and Northpoint Dr., and then go east on Northpoint Dr. and tie into an existing 15" sewer line in Cottonwood Creek. 3) Also, please contact Jeff Curry at (972) 888-1330 to discuss electric easement requirements. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. S-1240-R, DeVine Cellars, zoning change request from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,981-square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road. cm041007 Page 6 of 13 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jean Dahl, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. S-1240-R, DeVine Cellars, zoning change request from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,981- square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road; subject to the following conditions: 1) Compliance with all City of Coppell Ordinances, as well as TABC rules and regulations, which are specific to this use. 2) The development shall be in accordance with the Site Plan, Floor Plan and Sign Elevations. 3) Hours of operation shall be limited to 10 a.m. to 10 p.m. Monday through Thursday, until 11 p.m. on Friday and Saturday, and between noon and 5 p.m. on Sunday. 4) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell and Franklin voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of Case No. S-1239-C, Camp Bow Wow, zoning change request from C (Commercial) to S-1239-C (Special Use Permit-1239-Commercial) to allow a 6,484-square- foot kennel with a screened 3,900-square-foot outside play area to be located at 769 S. MacArthur Boulevard, Suite #233. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm041007 Page 7 of 13 Amy Petrie and Linda Grady, Applicants, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1239-C, Camp Bow Wow, zoning change request from C (Commercial) to S-1239-C (Special Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a screened 3,900-square-foot outside play area to be located at 769 S. MacArthur Boulevard, Suite #233, subject to the following conditions: 1) Contact Larry Redick at (972) 323-8917 to discuss electric service requirements. 2) Transplanting of trees should be done at a time deemed appropriate by a landscape architect. 3) The site shall be developed in accordance with the Site Plan, Landscape Plan, Elevations and Floor Plan. 4) The hours of operation shall not exceed 6:30 a.m. to 7 p.m., seven days a week. Councilmember Franklin seconded the motion; the motion carried 5-1 with Mayor Pro Tem Faught and Councilmembers Brancheau, Hinojosa- Flores, Tunnell and Franklin voting in favor of the motion and Councilmember Peters voting against the motion. 17. PUBLIC HEARING: Consider approval of Case No. S-1215R-C, Kountry Donuts & Cafe, zoning change request from S-1215-C (Special Use Permit-1215-Commercial) to S-1215R-C (Special Use Permit- 1215 Revised-Commercial), to allow a 1,400-square-foot restaurant with drive-through service on 0.49 of an acre of property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm041007 Page 8 of 13 Jerry Cunningham, Architect, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Franklin moved to close the Public Hearing and approve: Item 17: Case No. S-1215R-C, Kountry Donuts & Cafe, zoning change request from S-1215-C (Special Use Permit-1215-Commercial) to S-1215R-C (Special Use Permit-1215 Revised-Commercial), to allow a 1,400-square- foot restaurant with drive-through service on 0.49 of an acre of property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard, subject to the following conditions: 1) The site shall be developed in accordance with the Site Plan, Landscape Plan, Elevations and Floor Plan. 2) The hours of operation shall not exceed 5 a.m. to 10 p.m., seven days a week as stated on the Floor Plan. AND Item 18: Kountry Donuts & Cafe Addition, Lot 1, Block 1, Minor Plat, to allow a 1,400-square-foot restaurant with drive-through service on 0.49 of an acre of property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. 18. Consider approval of the Kountry Donuts & Cafe Addition, Lot 1, Block 1, Minor Plat, to allow a 1,400-square-foot restaurant with drive-through service on 0.49 of an acre of property cm041007 Page 9 of 13 located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard. This item was considered along with Item 17. See Item 17 for minutes. 19. PUBLIC HEARING: Consider approval of Case No. PD-226-LI, Amcat (Northlake 635 Business Park, Lot 7, Block C, Essex Wire), zoning change request from LI (Light Industrial) to PD-226-LI (Planned Development-226-Light Industrial) to allow the relocation of two non-masonry structures (existing training lab and roof climbing area), with a landscaped screen, on 3.5 acres of property located at 1230 Crestside Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Russell Jackson, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve Case No. PD-226-LI, Amcat (Northlake 635 Business Park, Lot 7, Block C, Essex Wire), zoning change request from LI (Light Industrial) to PD- 226-LI (Planned Development-226-Light Industrial) to allow the relocation of two non-masonry structures (existing training lab and roof climbing area), with a landscaped screen, on 3.5 acres of property located at 1230 Crestside Drive. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell and Franklin voting in favor of the motion. 20. Consider approval of the Superior Air Parts (Freeport North, Block A Lot 1), Site Plan Amendment, to allow outside cooling towers and fuel tanks to be enclosed on three sides by a 14’ 3” cm041007 Page 10 of 13 masonry wall to be located within the loading dock area on the west side of the building at 621 S. Royal Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Bill Brogdon, Applicant, addressed the Council. Jeff Thronton, representing property owner Duke, addressed the Council. Action: Councilmember Brancheau moved to approve the Superior Air Parts (Freeport North, Block A Lot 1), Site Plan Amendment, to allow outside cooling towers and fuel tanks to be enclosed on three sides by a 14’ 3” masonry wall to be located within the loading dock area on the west side of the building at 621 S. Royal Lane; subject to the following condition: 1) City will perform or participate in initial test of the set-up to ensure that it meets the sound requirements. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell and Franklin voting in favor of the motion. 21. PUBLIC HEARING: Consider approval of an amendment to the Comprehensive Land Use Plan from Freeway Office to Light Industrial Showroom on 106 acres of property and approval of Case No. PD-222-LI, Duke Lesley Addition, zoning change request from LI (Light Industrial) to PD-222-LI (Planned Development-222- Light Industrial) to allow for a parking ratio of one space per 5,000-square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on 106 acres of property and to attach a Detail Site Plan to allow a 755,394- square-foot office warehouse building on 36.2 acres of property located at the northwest corner of Beltline Road and the proposed extension of Dividend Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm041007 Page 11 of 13 Alex Bennett and Jeff Thronton, Applicants, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to approve: Item 21: An amendment to the Comprehensive Land Use Plan from Freeway Office to Light Industrial Showroom on 106 acres of property and approval of Case No. PD-222-LI, Duke Lesley Addition, zoning change request from LI (Light Industrial) to PD-222-LI (Planned Development-222-Light Industrial) to allow for a parking ratio of one space per 5,000-square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on 106 acres of property and to attach a Detail Site Plan to allow a 755,394-square-foot office warehouse building on 36.2 acres of property located at the northwest corner of Beltline Road and the proposed extension of Dividend Drive; subject to the following conditions: 1) Note on Landscape Plan that required perimeter landscaping is 63,958-square-feet. Overall landscaping required is 267,214-square- feet; provided landscaping is 400,472-square-feet. 2) Clarify and clearly define building frontage questions regarding articulation. AND Item 22: The Duke Lesley Addition, Lot 2, Block A, Final Plat, to establish a building site, fire lanes and easements to allow the construction of a 755,394-square-foot office warehouse building on 36.2 acres of property located north and east of the proposed extension of Dividend Drive. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. cm041007 Page 12 of 13 22. Consider approval of the Duke Lesley Addition, Lot 2, Block A, Final Plat, to establish a building site, fire lanes and easements to allow the construction of a 755,394-square-foot office warehouse building on 36.2 acres of property located north and east of the proposed extension of Dividend Drive. This item was considered along with Item 21. See Item 21 for minutes. 23. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. A. Mayor Stover reported he had attended the Metroplex Mayors’ Meeting where the discussion regarded Dallas hosting the Super Bowl in 2011. 24. Necessary action resulting from Work Session. There was no action necessary under this item. 25. Necessary Action Resulting from Executive Session. Action: Mayor Pro Tem Faught moved to authorize the City Manager to negotiate an Interlocal Agreement with DFW Airport to permit the potential development of 92 +/- acres located south of Bethel/East of I635. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell and Franklin York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm041007 Page 13 of 13 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 April 24, 2007 13/B ✔ CONTRACT/BID or PROPOSAL Consider approval to rescind the previously awarded Bid # Q-0906-02 for the Exterior Overcoating of Water Tower One to N.G. Painting, L.P. and to award the bid to Tri-Brothers Contracting in an amount of $95,000 as budgeted. This project was awarded to the low bidder, N.G. Painting, L.P., at the November 28, 2006 council meeting. N.G. Painting , L.P. has been non-responsive; therefore, we are requesting that the bid be awarded to the second low bidder, Tri-Brothers Contracting in an amount of $95,000. While Tri-Brothers Contracting's bid is higher than the low bid, we had originally anticipated the contract for the Exterior Overcoating of Water Tower One to be somewhere in the $150,000 to $170,000 range. Tri-Brothers Contracting recently completed the bridge repainting project for the City of Coppell on time and according to specifications. Staff will be available to answer any questions at the council meeting. Staff recommends approval to rescind the previously awarded bid to N.G. Painting, L.P. and award the bid to Tri-Brothers Contracting. #Water Tower Painting MEMORANDUM Date: April 11, 2007 To: Ken Griffin From: Glenn D. Hollowell, P.E., Assistant Director of Public Works RE: Bid Award-Bid #Q-0906-02- Tower One Exterior Overcoating Ken: We received seven bids for the referenced project. Since the low bidder, NG Painting, has been unresponsive to our inquiries, I am recommending that the bid be awarded to Tri-Brothers Contracting, Inc. of Southgate, Michigan for the total contract price of $95,000.00. If you have any questions concerning this matter, do not hesitate to contact me. Bid #Q-0906-02 -Tower One Exterior Overcoating Creation Date Sep 8, 2006 End Date Sep 25, 2006 10:00:00 AM CDT Start Date Sep 8, 2006 8:47:57 AM CDT Awarded Date Not Yet Awarded Q-0906-02-1-01 Tower One Exterior Overcoating Vendor Unit Price Qty/Unit Total Price Attch. Docs N.G. Painting, L.P. First Offer -$80,000.00 1 / job $80,000.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Tri-Brothers Contracting First Offer -$95,000.00 1 / job $95,000.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: TMI Coatings, Inc. First Offer -$108,500.00 1 / job $108,500.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Utility Service Company, Inc. First Offer -$135,000.00 1 / job $135,000.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Diamond Enterprise, Inc. First Offer -$142,900.00 1 / job $142,900.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Blastco Inc. First Offer -$152,000.00 1 / job $152,000.00 Y Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Blastco has 25 years experience performing similar types of coating projects. Blastco is a certified SSPC QP1 & QP2 Contractor. classic protective coatings,inc. First Offer -$189,250.00 1 / job $189,250.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Vendor Totals N.G. Painting, L.P. $80,000.00 Bid Contact Nick Gramatikakis Ph 830-257-5940 Address 313 Mill Run Kerrville, TX 78028 Agency Notes:Vendor Notes: Tri-Brothers Contracting $95,000.00 Bid Contact Demetrios Moutzalias moutzalias@sbcglobal.net Ph 313-213-0961 Address 1373 Detroit Lincoln Park, MI 48146 Agency Notes:Vendor Notes: TMI Coatings, Inc. $108,500.00 Bid Contact Tracy M. Gliori tmi@tmicoatings.com Ph 651-452-6100 Fax 651-452-0598 Address 2805 Dodd Road St. Paul, MN 55121 Agency Notes:Vendor Notes: City of Coppell Sep 25, 2006 10:41:56 AM CDT p. 1 Utility Service Company, Inc. $135,000.00 Bid Contact Trey Evans sgarcia@utilityservice.com Ph 281-807-6966 Address 9111 Windmill Houston, TX 77064 Agency Notes:Vendor Notes: Diamond Enterprise, Inc. $142,900.00 Bid Contact Betty N Stevens bettyn@telepak.net Ph 601-225-7488 Fax 601-225-7595 Address P. O. Box 1009 Gloster, MS 39638 Agency Notes:Vendor Notes: Blastco Inc. $152,000.00 Bid Contact Jay H Soper jays@blastech.com Ph 281-590-3200 x11 Address 5514 Easthampton Drive Houston, TX 77039 Agency Notes:Vendor Notes: classic protective coatings,inc. $189,250.00 Bid Contact kim Newkirk kim@classicprotectivecoatings.com Ph 715-233-6267 Address N7670 state hwy 25 menomonie, WI 54751 Agency Notes:Vendor Notes: **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. City of Coppell Sep 25, 2006 10:41:56 AM CDT p. 2 April 6, 2007 Nick Gramatikakis N.G. Painting, L.P. 313 Mill Run Kerrville, TX 78028 Dear Mr. Gramatikakis, On September 25, 2006 Bid Q-0906-02 Tower One Exterior Overcoating closed. The City awarded the bid to N.G. Painting, L.P in the amount not to exceed $80,000.00. The contracts were delivered to N.G. Painting for signature. To date the City of Coppell has yet to receive them. After several attempts to contact your company in regards to the above referenced project and the contracts, the City of Coppell has deemed N.G Painting, L.P unresponsive and will proceed with the second low bidder. Repectfully submitted, Jerod Anderson, CPPB Purchasing Manager JA;ls 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 City Manager's Office April 24, 2007 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Interlocal Agreement between the city of Coppell and D/FW International Airport for the development of property located at the southeast corner of Royal Lane and I.H. 635E; and authorizing the Mayor to sign. The city is working with the D/FW International Airport on the development of property at the SEC of Royal Lane and I.H. 635E. This site has been identified as a potential location for a prospective corporate citizen. Due to the fact that this property is owned by D/FW International Airport, the Airport Board is requiring the city to enter into an Interlocal Agreement before development can occur. The city's participation in the Interlocal Agreement will be contingent upon the city being selected as the final site for development. Please note that the back-up material for this item is an example of the agreement between D/FW Airport and the city of Irving. The agreement between D/FW Airport and the city of Coppell will be forwarded to you under separate cover once the document is produced by the airport. The document between D/FW Airport and the city of Coppell will be identical to the example provided with the exception of a contingency agreement being added. Staff recommends approval. !DFW Interlocal Agrmt - 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: ȱ Engineering April 24, 2007 15 ✔✔ ORDINANCE Consider approval of an ordinance amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Conservation and Drought Contingency Plan by restricting outside watering between the hours of 10:00 a.m. and 6:00 p.m.; and authorizing the Mayor to sign. Approval of this ordinance amending the Water Conservation and Drought Contingency Plan will restrict outside watering between the hours of 10:00 a.m. and 6:00 p.m., with the exception of non-spray irrigation systems and hand watering. Staff will be available to answer any questions at the council meeting. Staff recommends approval of the Daily Water Conservation Plan to restrict outside watering between the hours of 10:00 a.m. and 6:00 p.m. #Water Conservation Ord. Revision MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:April 24, 2007 REF: Consider approval of an ordinance amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Conservation and Drought Contingency Plan by restricting outside watering between the hours of 10:00 a.m. and 6:00 p.m.; and authorizing the Mayor to sign. The ordinance before you this evening is to restrict water usage between the hours of 10:00 a.m. and 6:00 p.m. for irrigation systems. This does not impact the hand watering or soaker hose aspects of our current Water Conservation and Drought Contingency Plan. I know that there has been some discussion about why we are bringing this forward and whether or not the City of Coppell is required to implement restrictions just because the City of Dallas has implemented them. To help address those questions I would like to walk through some of the contracts and agreements that we have with Dallas Water Utilities that address the supplying of water to the City of Coppell. One of the first agreements for Coppell to obtain water was actually through the Trinity River Authority (TRA) entering into an agreement with the City of Dallas to provide water to the City of Coppell (provided as Attachment A). In essence, the TRA was the 'go between' between Coppell and Dallas. The agreement that allowed the TRA to supply water to the City of Coppell was finalized in July 1972. It basically states that Coppell operates a water system, TRA has a water contract with the City of Dallas to purchase water and that TRA would provide funding to upgrade some city facilities so that we could receive water from the TRA. It was in that initial agreement that language began showing up concerning the rights of a supplier to curtail the use of water by a user. In Attachment A, paragraph F, on page 20, it states "It is expressly agreed and understood that the City of Dallas shall never be liable to City for the failure to furnish an adequate water supply in any of the following events: (a) it develops that the City of Dallas finds it necessary to restrict or curtail the use of water under the Provisions of Paragraph 4 of Section 1.0 of the Dallas Contract; " The Dallas contract referred to was actually the Dallas Contract between the City of Dallas and TRA, also finalized in July 1972 (provided as Attachment B). Section 1.0 DELIVERY AND SALE OF WATER, 4. states "Irrespective of the terms of this Contract which may be expressly stated herein, the City of Dallas reserves the right, if it finds it necessary, to restrict or curtail the use of this water service, for use by the ultimate users consistent with or in the same percentage as the curtailment of service required of the citizens of Dallas." In 1987, the City of Coppell entered into a contract directly with Dallas Water Utilities for the supply of water (provided as Attachment C). Section 8.0 CURTAILMENT goes into great detail about the City of Dallas' right to impose curtailments on delivery of water to its' customers if a curtailment is placed upon the citizens of Dallas. That section also goes on to state that customer cities, Coppell being one, must develop a Water Conservation Plan that incorporates similar loss reduction measures and demand management practices. In the last part of the section, it states "To the extent that Dallas imposes restrictions . . . to itself and customer cities, including rules relating to the curtailment of water delivery and availability, Dallas agrees to impose such restrictions and grant such privileges equitably and in a non-discriminatory fashion. Again, this section points to the fact that if Dallas requires curtailment within its city, then they have the right to impose curtailment upon their wholesale customer cities. In 1999, Dallas passed a Water Management Plan (provided as Attachment D). The Water Management Plan states that the scope of authority of this plan applies to "All wholesale service customers outside the City to the extent permitted under their contract with the City of Dallas and to the extend permitted under state law." As previously noted, our contract has language that allows Dallas to curtail our water use. Under each stage of Dallas' Water Management Plan, they reference the impact to wholesale customer cities. In Stage 1: Water Awareness States "Encourage implementation of like procedures by wholesale customers." In Stage 2: Water Watch States "Require implementation of like procedures by wholesale customers." In Stage 3: Water Warning States "Require water demand reductions in accordance with contract obligations for wholesale customers." In Stage 4: Water Emergency States "Require water demand reductions in accordance with contract obligations for wholesale customers." In Section 10 Water Rationing, most of the section is devoted to wholesale customers and provides guidelines on pro rata water allocations to wholesale customers if the City of Dallas finds itself in a situation that they need to also pro rate water within their own city. As backup to the Dallas Water Management Plan, they provide a section of Dallas' City Code. In the EMERGENCY AUTHORITY section it states "The purpose of this section is to establish the city's policy in the event of shortages or delivery limitations in the city's water supply. This section applies to: (3) all wholesale service customers outside the city to the extent provided in Subsection (i)." Subsection (i) Wholesale service to customers outside the city it states "The director may restrict service to customers outside the city as permitted under the contract and state law." Dallas made changes to their Water Code on September 21, 2001 by adding a section called "Conservation Measures Relating To Lawn and Landscape Irrigation" (provided as Attachment E). In section (b)(1) it states "A person commits an offense if, during the period from June 1 through September 30 of any year and between the hours of 10:00 a.m. and 6:00 p.m. on any day during that period, he irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by him." Once that change to their code was implemented, the City of Coppell received a letter in 2002 (provided as Attachment F), encouraging wholesale customer cities to adopt the same or similar Water Conservation measures as Dallas to demonstrate North Texas' commitment to lowering per capita water use. All that said brings us to today. Why, approximately five years after Dallas' request that we be in compliance with their code, are we now taking action? The overriding point is that after approximately five years, the 10:00 a.m. to 6:00 p.m. water restriction has become generally accepted in all of Dallas and in portions of other cities around Dallas, such as Mesquite. Also, during the heat of last year, we did receive numerous calls and complaints about why we were allowing watering during the heat of the day, when other cities were not allowed to do so. And also, periodically during the last five years, the city has received correspondence from Dallas Water Utilities, not so much encouraging us to adopt their measures, but attaching portions of prior water agreements, specifically the 1987 agreement that discusses curtailment, to remind us that they have the right to curtail our delivery if they deem that necessary. I have the utmost confidence in our current Water Conservation and Drought Contingency Plan. It has worked flawlessly since its implementation. However, public perception is now that we are not doing our part, when all along it is my opinion that we have been the leader in trying to conserve water, while other cities were on the sidelines. To that extent, I am recommending that we incorporate the 10:00 a.m. to 6:00 p.m. restriction on irrigation usage in the City of Coppell from our standard period of May 15 to September 15. This will not impact a homeowner's ability to use soaker hoses and/or hand water their landscaping. This only applies to automatic spray irrigation systems. Staff recommends approval of these changes to our Water and Drought Contingency Plan and will be available to answer any questions at the council meeting. ORDINANCE NO._______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3, “CITY DEPARTMENTS,” ARTICLE 3-1, “WATER DEPARTMENT”, SECTION 3-1-12 (F)(6), SUBSECTIONS (1), (2), (3), AND (4), BY ADDING A NEW (c)(1) TO EACH STAGE TO RESTRICT OUTSIDE WATERING BETWEEN THE HOURS OF 10:00 A.M. AND 6:00 P.M., EXCEPT USE OF NON-SPRAY IRRIGATION SYSTEMS AND HAND WATERING, AND RENUMBERING ACCORDINGLY; AND, BY AMENDING SECTION 3-1-12(F)(6)(2)(c) BY DELETING THE SEPARATE PROVISION CONTAINED THEREIN FOR THE USE OF NON-SPRAY IRRIGATION SYSTEMS AND HAND WATERING; AND BY AMENDING SECTION 3-1-12(F)(8) BY DELETING THE 'KNOWINGLY OR INTENTIONALLY' USE OF WATER AS A DEFENSE AGAINST ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 3-1, Section 3-1-12, of the Code of Ordinances provides for the water conservation and drought contingency plan (hereinafter, the “Plan”) for the City of Coppell; and WHEREAS, a review of the Plan indicates that times wherein outside watering is restricted is not provided for in the various stages; and WHEREAS, after review and consideration, the City Council has determined that Chapter 3, “City Departments,” Article 3-1, “Water Department”, Section 3-1-12 (F)(6), Subsections (1), (2), (3), and (4) should be amended as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1.That Chapter 3, “City Departments,” Article 3-1, “Water Department”, Section 3-1-12 (F)(6), Subsections (1), (2), (3), and (4), be amended by adding a new (c)(1) to each stage to restrict outside watering between the hours of 10:00 a.m. and 6:00 p.m., except use of non-spray irrigation systems and hand watering, and renumbering accordingly; and, by amending Section 3-1-12(F)(6)(2)(c) by deleting the separate provision contained therein for the use of non-spray irrigation systems and hand watering, and by amending Section 3-1-12(F)(8) by deleting the 'knowingly or intentionally' use of water as a defense against enforcement, which shall read as follows: “ARTICLE 3-1 WATER DEPARTMENT . . . . . Sec. 3-1-12. Water conservation and drought contingency plan. . . . . . F.Drought contingency plan. . . . . . 6.. . . . . . . . . . (1)Stage 1 - Water awareness state. . . . . . 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) No mandatory . . . . . . . . (2)Stage 2 - Water watch state. . . . . . 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 . . . . . . . . 9) Nursery (garden and landscape) businesses are not . . . . . . . . . (3)Stage 3 - Water warning state. . . . . . 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 . . . . . . . . (4)Stage 4 - Water emergency. . . . . . 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 . . . . . . . . (8) Enforcement. No person shall allow, suffer or permit the use of water from the City of Coppell for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the stage in effect at the time pursuant to action taken by the city manager, or his/her designee, in accordance with provisions of this plan. A person who violates this plan is guilty of a separate offense for each day or portion of a day during which the violation continues. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this section, and any offense shall be considered a strict liability offense. . . . . .” 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. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas SECTION 4.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 less than fifty ($50.00) dollars, upon second conviction be punished by a penalty of fine not less than one hundred ($100.00) dollars for each offense, and upon the third and subsequent conviction shall be punished by a penalty of fine not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars for each offense, and each and every day such offense is continued, shall constitute a new separate offense. SECTION 5.That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. ` APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) [02/23/2007] 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 April 24, 2007 16 ✔ PROCEDURAL Consider approval of a variance from Chapter 226.167d(5) regarding the Texas Food Establishment Code to the Hard Eight Restaurant. Provide a variance to the Hard Eight to provide an operational atmosphere similar to those in Brady and Stephenville. The Hard Eight does not enclose their pit serving area as suggested by the aforementioned section of the TFE Code. Our City Attorney's office has reviewed this code and found it to be subject to various interpretations. Besides the Hard Eight locations in Stephenville and Brady, other BBQ locations in Central Texas, including the famous Cooper BBQ in LLano, utilizes the same serving method. The attached variance provides further information. City Manager's office recommends approval as requested on the attached variance. !Hard 8 t d d iidead insects and insect fragments are prevented from being impelled onto orfallingonexposedfoodcleanequipmentutensilsandlinensandunwrappedsingleserviceandsingleusearticlesToiletroomsenclosed A toilet room located on the premises shall be completely enclosed and providedwithatightfittingandselfclosingdoorexceptthatthisrequirementdoesnotapplytoatoiletroomthatislocatedoutsideafoodestablishmentanddoesnotopendirectlyintothefoodestablishmentsuchasatoiletroomthatisprovidedbythemanagementofashoppingmallOuteropeningsprotectedA Except as specified in subparagraphs E of this paragraph outer openings of a food establishment shallbeprotectedagainsttheentryofinsectsandrodentsbyceilingsifillingorclosingholes and other gaps along floors walls and ii closed tight fitting windows and iii solid self closing tight fitting doors B Subparagraph A of this paragraph does not apply if a food establishment opens into a larger structuresuchasamallairportorofficebuildingorintoanattachedstructuresuchasaporch and the outer openings from the larger or attached structure are protected against the entry ofinsectsandrodentsCExteriordoorsusedasexits need not be self closing if they are isolid and tight fitting ii designated for use only when an emergency exists by the fire protection authority that has jurisdiction overthefoodestablishmentandiiilimitedusesotheyare not used for entrance or exit from the building for purposes other than thedesignatedemergencyexituseDExceptasspecifiedinsubparagraphs B and E of this paragraph if the windows or doors of afoodestablishmentorofalargerstructurewithinwhichafoodestablishmentislocatedarekeptopenforventilationorotherpurposesoratemporaryfoodestablishmentisnotprovidedwithwindowsanddoorsasspecifiedundersubparagraphAofthisparagraphtheopeningsshallbeprotectedagainsttheentryofinsectsandrodentsby REQUEST FOR A VARIANCE Variance Requested The Hard Eight Restaurant hereby requests a variance from 229.167d(5) relating to the enclosure of spaces within or adjacent to the restaurant, specifically the service area adjacent to the cooking pits. Alternative to Enclosure The Hard Eight will provide an automated insect control misting system to deal with any insects and rodents in the outside cooking and service area adjacent to the restaurant facility itself. The Hard Eight has utilized these systems at two other locations, and found them to be efficient and effective in controlling any insects and rodents that might venture into the cooking area adjacent to the facility. The Hard Eight has used these systems at both its Stephenville and Brady locations. These systems are professionally installed, and very effective in controlling and eradicating any insects and rodents that might venture into the area, but due to the type of cooking methods of the Hard Eight (as documented at their other facilities) insects and rodents are not a problem due to the significant amount of smoke and heat that is generated. Monitoring Procedures The Hard Eight will monitor at the food serving pit the situation regarding insects and rodents, and will provide the City with an operational report at the end of the first six months of their formal operations, which is anticipated to be December 2007. They will take any necessary corrective action if there is any failure at this critical control point. The City Health Department will also make periodic visits, and provide information to the City Manager’s office during the above time period. The City Manager’s office reserves the right to also conduct periodic inspections of this area as provided for in City Policies and Procedures. The six-month period includes a variety of climatic conditions, which will provide a good sample of activity. Submitted by Hard Eight Restaurant this 17th day of April 2007. __________________________________________ General Manager, Hard Eight BBQ JBlHXVMO UITDWORK It s not just for mosquitoes The Mister Mosquito Fully Automated Misting System is a technologically advanced permanently installed insect control system that is guaranteed toeliminate the flying biting stinging insects from your property OVERVIEW The Mister Mosquito Fuliy Automated Misting System works by releasing small amounts of a natural botanical Insecticide Pvrethrum on a set schedu e and s guaranteed toeHmlnate the pests from your yard It s the equivalent ofhavingapestcontroltechniciantreatyourpropertymultipletimesadayOuradvancedtechnologyIncorporatespreclslonengineeredmJstlngnozziesInstalledaroundtheperimeteroftheareatobecoveredandahIghpoweredpump managed by a setting timer whIch will control the mistIng cycles TyplcaHy the nozzles are Installed around your home under the eaves or In the gutters and along the fence The nozzles are preclsfon engineered and made from nickel plated brass and stalniess steel Our profess onally tra ned nstallatlon crews perform the Installation so ast rnlnlmlze the vlslbWty ofthe system without compromising the effectiveness ASSESSMENT One of our exper enced representatives will meet with you to determine the most effective system design for your property We wlli Identify likely breeding areas for mosquitoes and diSCUSS your outdoor lifestyle and desIgn the system toaccommodate your speclfic needs Measurements of the area to be covered will be taken to ensure theproper number of nozzles are Incorporated into your system design Too many nozzles wastes Insecticide and money too few and the system wHI not be effective Our experience aHows us to determine the proper number of m stlng nozzies for your property wthout any guesswork INSTALLATION Mister Mosquito fully understands the value of your home Our Installers areskilled and wnl demonstrate experlenc and professionalism when working on your property Considerations will be made regarding the placement ofnozzles for both attractiveness and effectiveness Careful attention s given tothe materials and technIques used on the nstallatlon of your system INSPECTION Once the Installation Iscomplete your system wIB be thoroughly tested and Inspected toensure proper functionality and coverage Once the system has passed Inspection the Pyrethrum will be added to the reservoir and the timer settings Input for your system INSTRUCTION WhHe your Mister Mosqu tomisting system ls fully automated we want to take the time to educate you on the various components ofthe system and Instruct you on timer management and system functionaflty sothat you are able to operate the system Ilke an expert All of our misting systems Indude a hand he d remote control allowing you to mist outside of the scheduled cycles whenever youwish We will demonstrate the use of the remote control while showing you how to operate the system MAINTENANCE Your new Mister MosquIto automated mistIng system requires very little maintenance FIrst whenever the reservoir runs low on solution the bullt n no run dry float swItch wll disable the operationofthesystemtopreventdamagingthemotorandpumpWewlilworkwithyoutomonItoryoursystemand schedule refills to occur prior to completelY emptying the reservoir At the time of InstaHatlon you will be provided an estimated date for the first scheduled refill Second as the system Is a fluid system It Is Important to Winterize the system prior to temperatures famngbelowfreezingMIsterMosquitowllcontactyoutoschedulethewinterizIngofyourmlstngsystembasedon a schedule appropriate for your regIon of the country The w nter zing process Involves draln ng the system and flushing It with an anti freeze solution Finally to ensure proper operation and effectiveness of your mIsting system it Is Important for you to occas onally monitor the system during operation to make sure that all nozzles are misting effectively and that the misting cycles are occurrtng at the proper tImes of day A system that has lost power may need to have the clock reset Or f your system has run out of solut on prIor to the anticipated date the no run dry feature woulc prevent misting cycles from occurring and Mister Mosquito would need to be contacted to refll the system IO Mi ter losqlito LLC DATE: April 24, 2007 ITEM #: 17 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. ICLEI. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: April 24, 2007 ITEM #: 18 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Coppell Relay for Life Event April 28-29. B. Report by Mayor Stover regarding Education Foundation Recognition Dinner May 1. C. Report by Mayor Stover regarding Early Voting for School Board. D. Report by Mayor Stover regarding Youth Advisory Council Drug Forum. E. Report by Councilmember York regarding Employee Banquet. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: April 24, 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: April 24, 2007 ITEM #: 20 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: April 24, 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: April 24, 2007 Department Submissions: Item Nos. 13/B and 15 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department 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)