CP 2007-06-26
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JUNE 26, 2007
DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed 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, June 26, 2007, at 5:30 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.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
ag062607
Page 1 of 5
ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Legislative Recap
B. Discussion regarding CEDC Appointments.
C. Discussion regarding Board/Commission Interviews.
D. Discussion regarding the Sign Ordinance.
E. Discussion regarding Red Light Cameras.
F. 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 551.087, 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.
5. Invocation.
6. Pledge of Allegiance.
ag062607
Page 2 of 5
ITEM # ITEM DESCRIPTION
7. Presentation by Rene Lawson.
8. Report by Waste Management regarding storm damage recovery efforts.
9. Citizens' Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 12, 2007.
B. Consider approval of the resignation of Richard McCaffrey from the
Planning and Zoning Commission.
C. Consider approval of a grant agreement between the city of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District for library print materials in the
amount of $126,000 and authorizing the City Manager to sign.
D. Consider approval of a grant agreement between the city of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District for equipment at Coppell High
School for the Engineering Technologies Pathway program in the
amount of $35,000 and authorizing the City Manager to sign.
E. Consider approval of a Resolution suspending the proposal by
Atmos Energy Corporation to implement interim GRIP rate
adjustments, providing for notice hereof to said company, and
authorizing the Mayor to sign.
F. Consider approval of an ordinance amending Article 8-3 Parking,
Section 8-3-1(A) of the Code of Ordinances for the City of Coppell
to prohibit stopping, standing, or parking a vehicle on both sides of
Kaye Street and at all times beginning at a point 1550 feet east of its
intersection with Coppell Road and extending to a point at the west
property line of Lot 14 of the Round Oak Estates in its entirety; and
authorizing the Mayor to sign.
END OF CONSENT
ag062607
Page 3 of 5
ITEM # ITEM DESCRIPTION
11. Consider appointment of an Alternate member to the Parks and
Recreation Board to fill a vacancy which term expires September 30, 2008.
12. Mayor and Council Reports.
A. Report by Mayor Stover regarding the opening of the Hard Eight
Restaurant.
B. Report by Mayor Stover regarding an update of the Copperheads
Baseball.
C. Report by Mayor Stover regarding the State of the City address
D. Report by Mayor Stover regarding the July 3rd fireworks.
13. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Councilmembers Peters and Faught.
C. Coppell Seniors – Councilmembers Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Councilmember Peters.
E. Economic Development Committee – Mayor Pro Tem Hinojosa-
Flores and Councilmember Franklin.
F. International Council for Local Environmental Initiatives (ICLEI) –
Councilmember Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
K. North Texas Council of Governments – Councilmember Brancheau.
L. NTCOG/Regional Emergency Management – Councilmember
Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
14. Necessary action resulting from Work Session.
15. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
ag062607
Page 4 of 5
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 22nd day of June, 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).
ag062607
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: June 26, 2007
ITEM #: WS-2
AGENDA REQUEST FORM
WORK SESSION
A. Legislative Recap.
B. Discussion regarding CEDC Appointments.
C. Discussion regarding Board/Commission Interviews.
D. Discussion regarding the Sign Ordinance.
E. Discussion regarding Red Light Cameras.
F. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name: %wksessn
DATE: June 26, 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.
B. 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: %exsessn
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
June 26, 2007
7
✔
PRESENTATION
Presentation by Rene Lawson.
No action necessary.
!Flag
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
June 26, 2007
8
✔
PRESENTATION
Report from Waste Management regarding storm damage recovery efforts.
No action necessary.
!Waste
DATE: June 26, 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
June 26, 2007
10/A
✔
PROCEDURAL
Consider approval of minutes: June 12, 2007.
Minutes of the City Council meeting held on June 12, 2007.
Staff recommends approval.
%minutes
MINUTES OF JUNE 12, 2007
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, June 12, 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
Brianna Hinojosa-Flores, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember (early departure)
Councilmember Faught 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 551.072, Texas Government Code - Deliberation
regarding Real Property.
cm061207
Page 1 of 14
1. Lease of property west of Coppell Road and north of
Bethel Road.
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 5:45 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 6:30 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding appointment to the Parks and
Recreation Board.
B. Discussion regarding appointments to Council
Committees.
C. 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. Citizens' Appearances.
There was no one signed up to speak under this item.
cm061207
Page 2 of 14
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 22, 2007.
B. Consider approval of a Resolution providing support for
Super Bowl XLV and its related Super Bowl activities in
the North Texas region; providing for governmental
services at no cost, expense or liability to NFL or the two
participating teams; providing prohibition for
sponsorships during the two weeks prior and through the
week of Super Bowl XLV; providing for the coordination of
governmental services with other jurisdictions and
authorizing the Mayor to sign.
C. Consider approval of an Ordinance for Case No. PD–217-C,
from C (Commercial) to PD-217-C (Planned Development-
217-Commercial), to allow the reuse and renovation of
the existing 4,940-square-foot structure for a pet day
care/boarding/spa on 0.637 acres of property located on
the north side of Bethel School Road, approximately 240
feet east of Denton Tap, property known as 120 East
Bethel School Road, and authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. PD-222-
LI, Duke Lesley Addition, zoning change 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, and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-226-
LI, Amcat (Northlake 635 Business Park, Lot 7, Block C,
Essex Wire), zoning change from LI (Light Industrial) to
PD-226-LI (Planned Development-226-Light Industrial) to
cm061207
Page 3 of 14
allow the construction of one non-masonry structure and
relocation of roof climbing area with a landscape screen
on 3.5 acres of property located at 1230 Crestside Drive,
and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1187R2-
C, Pizza Inn, zoning change from S-1187R-C (Special Use
Permit-1187 Revised–Commercial) to S-1187R2-C (Special
Use Permit-1187 Revision-2-Commercial) to allow a
1,425-square-foot expansion of the existing 1,050-square-
foot take-out restaurant to include limited seating, game
room and party room, located at 777 S. MacArthur Blvd.,
Suite 405, and authorizing the Mayor to sign.
G. Consider approval of an Ordinance for Case No. S-1216R,
Cool Star Beverage, zoning change from PD-157R6-C-S-
1216 (Planned Development-157 Revision 6-Commercial–
Special Use Permit- 1216) to PD-157R6-C-S-1216R
(Planned Development-157 Revision 6-Commercial-
Special Use Permit-1216-Revised) to allow the operation
of an approximate 1,600-square-foot retail/convenience
store to be located at 809 S. MacArthur, Suite 125
(southwest corner of Belt Line Road and MacArthur
Boulevard), and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A with
correction of removing duplication in the roll, B carrying Resolution No.
2007-0612.1, C carrying Ordinance No. 91500-A-461, D carrying
Ordinance No. 91500-A-462, E carrying Ordinance No. 91500-A-463, F
carrying Ordinance No. 91500-A-464 and G carrying Ordinance No.
91500-A-465. Councilmember Franklin seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting
in favor of the motion.
9. Consider approval to award Bid #Q-0507-02 to The Armored
Group, LLC for the purchase of a Police SWAT Vehicle in the
amount of $55,000 to be purchased from funds in the Police
cm061207
Page 4 of 14
Forfeiture/Seizure fund; and authorizing the City Manager to
sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Lt. Steve Thomas made a presentation to the Council.
Sgt. Tony Pletcher addressed questions of Council.
Action:
Councilmember Peters moved to approve Bid #Q-0507-02 to The
Armored Group, LLC for the purchase of a Police SWAT Vehicle in the
amount of $55,000 to be purchased from funds in the Police
Forfeiture/Seizure fund; and authorizing the City Manager to sign.
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Franklin and York voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. S-1017R-LI, Tetco, zoning
change request from S-1017-LI (Special Use Permit-1017-Light
Industrial) to S-1017R-LI (Special Use Permit-1017 Revised-
Light Industrial), to allow for a 160-square-foot addition to the
existing car wash building for storage on 0.92 of an acre of
property located at the southeast corner of Belt Line Road and
MacArthur Boulevard.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1017R-LI, Tetco, zoning change request from S-1017-LI
cm061207
Page 5 of 14
(Special Use Permit-1017-Light Industrial) to S-1017R-LI (Special Use
Permit-1017 Revised-Light Industrial), to allow for a 160-square-foot
addition to the existing car wash building for storage on 0.92 of an acre
of property located at the southeast corner of Belt Line Road and
MacArthur Boulevard. Councilmember Hinojosa-Flores seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting
in favor of the motion.
11. PUBLIC HEARING:
Consider approval of the Amberpoint Business Park at Coppell,
Lot1AR, Block A, Replat, to revise the location of the fire lane
to allow the previously approved expansion of the existing
Staples office/warehouse on 17.91 acres of property located at
the southwest corner of Sandy Lake Road and Northpoint
Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Franklin moved to close the Public Hearing and approve
the Amberpoint Business Park at Coppell, Lot1AR, Block A, Replat, to
revise the location of the fire lane to allow the previously approved
expansion of the existing Staples office/warehouse on 17.91 acres of
property located at the southwest corner of Sandy Lake Road and
Northpoint Drive. Councilmember York seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Tunnell, Franklin and York voting in favor of the
motion.
12. PUBLIC HEARING:
Consider approval of the Lost Creek Addition, Lots 1-27, 1X-
3X, Block 1, Replat, (being a replat of Lot 1, Block C, Coppell
Road Business Park Addition) to allow the development of 25
cm061207
Page 6 of 14
residential units, recreation, open space common areas and
two commercial lots on 5.56 acres of property located along
the east side of Coppell Road, approximately 210 feet north of
Bethel Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
the Lost Creek Addition, Lots 1-27, 1X-3X, Block 1, Replat, (being a
replat of Lot 1, Block C, Coppell Road Business Park Addition) to allow
the development of 25 residential units, recreation, open space common
areas and two commercial lots on 5.56 acres of property located along
the east side of Coppell Road, approximately 210 feet north of Bethel
Road; subject to the following conditions:
1) Tie down flood plain with dimensions on lots 5 and 6, and dedicate a
drainage/floodplain easement on plat (use exact limit of flood plain,
not approximate); and
2) Correct the point of beginning in legal description.
Councilmember Franklin seconded the motion; the motion carried 6-0
with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau,
Peters, Tunnell, Franklin and York voting in favor of the motion.
13. Consider approval of the Park West Commerce Center, Lot 4R,
Block 7 (BMC Millwork), Site Plan Amendment, to allow an
89,850-square-foot addition to the existing 115,170-square-
foot office/warehouse building, expansion of a portion of the
existing parking and modification to three dock doors on 9.42
acres of property located at 425 Airline Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
cm061207
Page 7 of 14
Action:
Councilmember Tunnell moved to approve the Park West Commerce
Center, Lot 4R, Block 7 (BMC Millwork), Site Plan Amendment, to allow
an 89,850-square-foot addition to the existing 115,170-square-foot
office/warehouse building, expansion of a portion of the existing parking
and modification to three dock doors on 9.42 acres of property located at
425 Airline Drive; subject to the following condition:
1) In the event additional parking is needed, the areas designated as
“future parking area” will be paved and will contain the required
landscaped islands.
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Franklin and York voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of the Park West Commerce Center, Lot 4R,
Block 7 (BMC Millwork), Replat, to establish the fire lanes to
allow an 89,850-square-foot addition to the existing 115,170-
square-foot office/warehouse building on 9.42 acres of
property located at 425 Airline Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve the
Park West Commerce Center, Lot 4R, Block 7 (BMC Millwork), Replat, to
establish the fire lanes to allow an 89,850-square-foot addition to the
existing 115,170-square-foot office/warehouse building on 9.42 acres of
property located at 425 Airline Drive. Councilmember Franklin seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores
cm061207
Page 8 of 14
and Councilmembers Brancheau, Peters, Tunnell, Franklin and York
voting in favor of the motion.
15. PUBLIC HEARING:
Consider approval of Case No. PD-220R-SF-12, Alexander
Court, to amend the land use designation on the
Comprehensive Land Use Plan from Neighborhood Retail to
Residential Low Density on approximately four acres of
property along Denton Tap Road and a zoning change request
from C (Commercial) to PD-220R-SF-12 (Planned Development-
220 Revised-Single Family-12), with a Detail Site Plan, to allow
the development of 29 single-family homes and two common
areas on 18.5 acres of property located at the northwest corner
of Bethel and Denton Tap Roads.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
John Hawkins, Applicant, addressed questions of Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Peters moved to close the Public Hearing and approve:
Item 15
Case No. PD-220R-SF-12, Alexander Court, to amend the land use
designation on the Comprehensive Land Use Plan from Neighborhood
Retail to Residential Low Density on approximately four acres of property
along Denton Tap Road and a zoning change request from C
(Commercial) to PD-220R-SF-12 (Planned Development-220 Revised-
Single Family-12), with a Detail Site Plan, to allow the development of 29
single-family homes and two common areas on 18.5 acres of property
located at the northwest corner of Bethel and Denton Tap Roads; subject
to the following conditions:
cm061207
Page 9 of 14
1) Submission of a complete Tree Survey/Mitigation Plan required by
Sec. 12-34-2 of the Zoning Ordinance;
2) A tree removal permit will be required prior to the removal of any and
the issuance of a grading permit;
3) Park impact fees will be assessed at $1,285 per lot;
4) HOA documents need to be submitted to the City for review by the
City Attorney to assure perpetual maintenance of all common areas
by the Homeowners Association prior to submission of a Final Plat;
and
5) Do not resubmit the three black and white, 24” x 36” pictures of the
screening walls similar to the type being proposed. Sheet W-1
Landscape and Entry Feature Concept Elevations is sufficient, if
supplemented with a color board indicating the colors and materials
to be used for the screening wall.
Item 16
Alexander Court, Lots 1-29X, Block A, Preliminary Plat, to allow the
subdivision of 29 single-family lots and two common area lots on 18.5
acres of property located at the northwest corner of Bethel and Denton
Tap Roads; subject to the following conditions:
1) Add all PD Conditions to Preliminary Plat as specified on the Zoning
Exhibit/Detail Site Plan herein revised, including replacing PD
Condition #11 with: “No fence shall be permitted to be built east of
the sanitary sewer manholes on Lot 22.”
2) The preliminary construction plans for Bethel Road show a grade
differential adjacent to Lots 24, 25, and 29. Prior to the installation of
the screening wall and the development of those lots, the correct
grade that matches the Bethel Road plans will need to be established;
and
3) A tree removal permit will be required prior to the removal of any trees
and the issuance of a grading permit.
and
Item 17
Granting the Planning & Zoning Commission Final Plat approval
authority of Alexander Court, Lots 1-29X, Block A, to allow the
subdivision of 29 single-family lots and two common area lots on 18.5
acres of property located at the northwest corner of Bethel and Denton
Tap Roads.
cm061207
Page 10 of 14
Councilmember Brancheau seconded the motion; the motion carried 6-0
with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau,
Peters, Tunnell, Franklin and York voting in favor of the motion.
16. Consider approval of the Alexander Court, Lots 1-29X, Block A,
Preliminary Plat, to allow the subdivision of 29 single-family
lots and two common area lots on 18.5 acres of property
located at the northwest corner of Bethel and Denton Tap
Roads.
This item was considered under Item 15. See Item 15 for minutes.
17. Consider granting the Planning & Zoning Commission Final
Plat approval authority of Alexander Court, Lots 1-29X, Block
A, to allow the subdivision of 29 single-family lots and two
common area lots on 18.5 acres of property located at the
northwest corner of Bethel and Denton Tap Roads.
This item was considered under Item 15. See Item 15 for minutes.
18. Consider approval of appointing a regular member to the Parks
and Recreation Board to fill the seat vacated by Stephen Hafer.
Action:
Councilmember Franklin moved to move Brent Holdridge from an
Alternate to a Regular member of the Parks and Recreation Board to fill a
vacancy which term expires September 30, 2008. Councilmember
Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell,
Franklin and York voting in favor of the motion.
19. Consider appointments to Council Committees.
Presentation:
Mayor Stover read the following proposed slate to serve on the Council
Committees:
cm061207
Page 11 of 14
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Councilmembers Peters and Faught.
C. Coppell Seniors – Councilmembers Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Councilmember Peters.
E. Economic Development Committee – Mayor Pro Tem Hinojosa-
Flores and Councilmember Franklin.
F. International Council for Local Environmental Initiatives (ICLEI) –
Councilmember Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
K. North Texas Council of Governments – Councilmember Brancheau.
L. NTCOG/Regional Emergency Management – Councilmember
Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
Action:
Mayor Pro Tem Hinojosa-Flores moved to approve the appointments to
Council Committees as read by Mayor Stover. Councilmember Franklin
seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell,
Franklin and York voting in favor of the motion.
20. Mayor and Council Reports.
A. Report by Mayor Stover regarding Coppell Copperhead
Baseball.
A. Mayor Stover discussed the coming season of the Coppell
Copperhead Baseball team.
21. Necessary action resulting from Work Session.
There was no action necessary under this item.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
cm061207
Page 12 of 14
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 property west of Coppell Road and north of
Bethel Road.
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 reconvened into Executive Session at 8:06 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 8:45 p.m. and opened the Work Session.
Councilmember York left the meeting during Executive Session.
REGULAR SESSION (Open to the Public)
22. Necessary Action Resulting from Executive Session.
Action:
Councilmember Peters moved to amend the Economic
Development Agreement with the Hard Eight for site plan
improvements to include a total of $335,214.13. Councilmember
Franklin seconded the motion; the motion carried 4-1 with Mayor
Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters
and Franklin voting in favor of the motion and Councilmember
Tunnell voting against the motion.
cm061207
Page 13 of 14
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm061207
Page 14 of 14
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
June 26, 2007
10/B
✔
PROCEDURAL
Consider approval of the resignation of Richard McCaffrey from the Planning and Zoning Commission.
Mr. McCaffrey is resigning due to work-related conflicts. His current term expires September, 2007.
Staff recommends approval and waiting for the annual appointments
in September to fill the vacancy.
%p&zresign-1AR
Jim Witt
Coppell City Manager
255 Parkway Blvd.
Coppell,TX 75019
Dear Jim,
BRINKER
INTERNATIONAL.
fD)~(G~~~~~tru JUN 1 8 2007 I.!:!J
I
CITY MANAGER
CITY OF COPPEll
I regret having to write this letter of resignation,but due to my having
to attend more out of town conferences I have not been able to
devote the required time to Planning and Zoning.
In the last 11 years I have greatly enjoyed my time with the Coppell
Planning and Zoning Board.You have one of the best staffs
available for Coppell,and I have dealt with a lot of cities in my 30
years of doing architecture.
If it is okay with you I will tender my resignation effective June 22nd
2007.
Again,thank you for the opportunity to work with you and your staff to
make Coppell a better place to live.
6820 LBJ Freeway Dallas,Texas 75240-6515 972-980-9917
www.brinker.com
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
June 26, 2007
10/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the city of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School District for library print materials in the amount of $126,000 and
authorizing the City Manager to sign.
Staff recommends approval.
Funds are being provided by the 1/2 CEDC sales tax for this grant.
Staff recommends approval.
!CEDCL02
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Coppell Independent School District (the “CISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2007-L02 to provide
funding for quality library print collections, audio visual materials, and online periodical
databases (the PROJECT), to serve students residing in Coppell at thirteen (13) campuses in the
CISD; and
WHEREAS, the CISD has developed the PROJECT using the Crew Method of
expanded guidelines for collection evaluation and weeding, and increased collaboration among
students, teachers, and librarians; and
WHEREAS, the PROJECT will allow CISD libraries to impact the literacy level of
every student by providing additional and meaningfully selected print resources, audio visual
materials, and online periodical databases; and
WHEREAS, CISD is in need of funding quality library print collections, audio visual
materials, and online periodical databases and seeks the assistance of the CEDC for such
assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and CITY’S inhabitants and will promote literacy in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount of One
Hundred Twenty-six Thousand Dollars and no cents ($126,000.00).
2. CISD agrees to utilize the GRANT to fund quality library print collections, audio visual
materials, and online periodical databases to serve students residing in Coppell at thirteen (13)
campuses in the CISD.
3. CITY agrees to provide the GRANT of One Hundred Twenty-six Thousand Dollars and
no cents ($126,000.00) subject to availability of funds payable on a quarterly basis with the first
payment to be made on or before August 15, 2007. Funds to be expended in accordance with the
budget categories set forth in the GRANT application.
4. On a quarterly basis beginning no later than November 15, 2007 the CISD shall submit a
detailed list of expenditures for this GRANT to the CEDC. The detailed list of expenditures
shall include all purchase orders and other financial documents, which address the GRANT
expenditures by category as approved by the CEDC, and reflected in Item 3 of this
AGREEMENT. CISD shall also provide documentation related to the number of students
served, grade level served, as well as any other information that reflects the success of the
Library Print Collection Program.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2007.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2007.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
SIGNED this ______ day of ________________, 2007.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
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:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf
of said corporation.
Notary Public, State of Texas
My Commission expires:
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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
June 26, 2007
10/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the city of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School District for equipment at Coppell High School for the Engineering
Technologies Pathway program in the amount of $35,000 and authorizing the City Manager to sign.
Staff recommends approval.
Funds are being provided by the CEDC 1/2 sales tax for this grant.
Staff recommends approval.
!CEDCT04
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Coppell Independent School District (the “CISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2007-T04 to provide
funding to purchase technology kits, Digital Video Camera, Lego Resource Kit, and other
packages and accessories for Coppell High School (the PROJECT);
WHEREAS, the CISD has developed the PROJECT which will enhance the
Engineering Technologies Pathway program at Coppell High School, which assists students by
preparing them for a career in their chosen field; and
WHEREAS, CISD is in need of funding the costs of the necessary equipment and
workbooks and seeks the assistance of the CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the City’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount not to exceed
Thirty-five Thousand Dollars and no cents ($35,000.00).
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
2. CISD agrees to utilize the GRANT to fund the purchase of Infinity Project technology
kits, text and workbooks, staff development, lab computers, and a printer for CISD high school
students.
3. CITY agrees to provide the GRANT of Thirty-five Thousand Dollars and no cents
($35,000.00) funds payable on a quarterly basis with the first payment to be made on or before
August 15, 2007.
4. On a quarterly basis beginning no later than November 15, 2007 the CISD shall submit a
detailed list of expenditures for this GRANT to the CEDC. The detailed list shall include, but
not limited to, software, hardware, supplies, equipment and contracts for personnel. CISD shall
also submit no later than sixty (60) days after the close of school year the number of students
served, grade levels actually served, and any changes in personnel during the period covered by
this GRANT.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2007.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2007.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
SIGNED this ______ day of ________________, 2007.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
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:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf
of said corporation.
Notary Public, State of Texas
My Commission expires:
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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
June 26, 2007
10/E
✔
RESOLUTION
Consider approval of a Resolution suspending the proposal by Atmos Energy Corporation to implement interim GRIP
rate adjustments, providing for notice hereof to said company, and authorizing the Mayor to sign:
Staff recommends suspension of the proposal to implement this annual rate increase (GRIP surcharges), and to
participate jointly with the other affected cities to retain consultants for an independent analysis of the Atmos Energy's
request. Based on our gas rate attorney's recommendation, suspension of the proposed rate increases or surcharges
is more prudent and effective than denying, as recommended by Atmos.
Staff recommends.
$AtmosGripRate-1AR(Consent)
MODEL STAFF REPORT
ON ATMOS MID-TEX GRIP SUSPENSION RESOLUTION
Purpose of the Resolution:
The law mandates that a Gas Reliability Infrastructure Program (GRIP) surcharge request
cannot become effective until sixty (60) days following the filing. The effective date may be
suspended by a city for 45 days. If the City does not take action to suspend the filing, the
Company may begin implementing a monthly surcharge ($0.59 on all residential customers,
$1.47 for commercial customers, and $28.74 for industrial customers) after July 30, 2007. The
resolution suspends the effective date to the maximum extent permitted by law to allow the cities
time to evaluate the filing, determine whether the filing complies with law, and if lawful, to
determine what further strategy to pursue. This is particularly important given that the Atmos
Cities Steering Committee initiated a rate case (GUD No. 9670) in which it was determined that
Atmos had included inappropriate expenditures in its previous GRIP surcharges for rate years
2003, 2004, and 2005. But for the investigation by the Cities, through ACSC, and other
intervenors, the impropriety of these expenditures and of their inclusion in the GRIP surcharges,
would not have been exposed, and the refund of $2.5 million would not have been ordered.
Additionally, Atmos has just received a rate increase of approximately $5 million and
should be collecting sufficient revenues to earn its allowed return without the necessity for a
surcharge to recover incremental investment.
What is GRIP:
GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in
the public interest. Atmos, TXU Gas, and other gas utilities persuaded the legislature in 2003 to
make an exception to the prohibition against piecemeal ratemaking to encourage increased
investment in transmission and distribution pipe by allowing prompt recovery of investment,
despite the possibility that increased revenues and declining expenses could more than offset
increased investment. Unfortunately, utilities have used the GRIP filings to include other costs
unrelated to infrastructure improvements. GRIP surcharges are only allowed until the next
general rate case.
NOTE: IT IS CRITICAL THAT ALL CITIES PASS THE RESOLUTION TO SUSPEND
ON OR BEFORE JULY 30, 2007.
Explanation of “Be It Resolved” Paragraphs:
1. A city is authorized to suspend the effective date for 45 days. However, since the
Company controls and can extend its effective date during settlement discussions to increase a
city’s jurisdiction and the period of time necessary to reach settlement, the resolution refers to
suspension “for the maximum period allowed by law” rather than a specific date.
2557/2/oth070608gnc Stf Rpt - Suspend Page 1
2. This paragraph authorizes participation with the Atmos Cities Steering Committee
and coordinated control over legal counsel and consultants. Along with paragraph 3, this
paragraph avoids the necessity of returning to the City Council with another resolution to
authorize efforts related to an appeal of the Council’s ultimate decision on the Atmos
application.
3. This paragraph authorizes the intervention of the city, assuming such is
recommended by the Atmos Cities Steering Committee, in any appeals that may be filed at the
Railroad Commission challenging the City’s action. It further authorizes the handling of appeals
from Railroad Commission decisions to the courts in Austin, if the Atmos Cities Steering
Committee believes that effort is desirable.
4. Texas law requires utility companies to reimburse cities for all costs (legal and
consulting) associated with ratemaking, whether the case is initiated by the utility or a regulatory
authority. Although the implementation of a tariff that imposes a surcharge is ratemaking,
entitling the participating cities to reimbursement, Atmos has not historically agreed to reimburse
ACSC for its legal expenses, nor has the Railroad Commission required it to do so. The ACSC
Executive Committee has determined that it is appropriate and necessary to investigate this GRIP
filing and to take appropriate action, and has authorized the expenditure of funds to do so. Legal
counsel and consultants approved by the ACSC Executive Committee will submit monthly
invoices to the City of Arlington which will then forward the invoices to Atmos for
reimbursement. No individual city incurs liability for payment of rate case expenses by adopting
a suspension resolution.
5. This paragraph directs that a copy of the signed resolution be sent to a
representative of the Company and legal counsel for the Atmos Cities Steering Committee.
2557/2/oth070608gnc Stf Rpt - Suspend Page 2
RESOLUTION NO. __ __
A RESOLUTION BY THE CITY OF COPPELL, TEXAS SUSPENDING THE
JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS
ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP
RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006;
AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING
COMMITTEE (“ACSC”) IN A REVIEW AND INQUIRY INTO THE
SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED
RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN
ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE
PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT
OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS;
AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY
AND LEGAL COUNSEL.
WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of
Texas (“Railroad Commission”) on or about May 31, 2007, proposing to implement interim rate
adjustments (“GRIP rate increases”), pursuant to Texas Utilities Code § 104.301, on all
customers served by Atmos Mid-Tex, effective July 30, 2007; and
WHEREAS, Atmos Mid-Tex was recently granted a rate increase as a result of its filing
in GUD No. 9670, in which the Final Order was only signed on March 29, 2007; and
WHEREAS, in GUD No. 9670, it was determined that Atmos Mid-Tex had
inappropriately included certain expenditures in its prior GRIP rate increases for rate years 2003,
2004, and 2005; and
WHEREAS, it is incumbent upon the City, as a regulatory authority, to examine this
latest GRIP filing to determine its compliance with the Texas Utilities Code; and
2557\2\res070608gnc Suspending GRIP 1
WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be
adversely impacted by the proposed GRIP rate increases; and
WHEREAS, it is advantageous for the City and its citizens to coordinate the City's
response to Atmos' filing with similarly situated municipalities; and
WHEREAS, the City has benefited from prior participation with the Atmos Cities
Steering Committee ("ACSC"); and
WHEREAS, it is efficient and cost beneficial for the City to again coordinate review of
the reasonableness of the proposed GRIP rate increases and joint participation in any
proceedings at the Railroad Commission related to the proposed GRIP rate increases; and
WHEREAS, the Executive Committee of ACSC has recommended suspension and
established a budget for evaluation of the Atmos filing; and
WHEREAS, a GRIP proceeding involves rate making, entitling cities to reimbursement
of reasonable rate case expenses;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
1. The July 30, 2007 effective date of the GRIP rate increases proposed by Atmos
Mid-Tex is hereby suspended for the maximum period allowed by law to permit adequate time to
investigate the sufficiency of the GRIP Rate Increase filing, review the proposed increases,
analyze all necessary information, and take appropriate action related to the proposed increases.
2. The City is authorized to cooperate with ACSC to hire and direct legal counsel
and consultants, to negotiate with the Company, to make recommendations to the City regarding
the proposed GRIP rate increases, and to direct any administrative proceedings or litigation
associated with the proposed GRIP rate increases.
2557\2\res070608gnc Suspending GRIP 2
3. The City is authorized to intervene in any administrative proceedings or litigation
associated with the proposed GRIP rate increases.
4. Atmos Mid-Tex shall promptly reimburse the City’s reasonable costs associated
with the City’s ratemaking activities related to the proposed GRIP rate increases.
5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Charles R.
Yarbrough, II, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas
75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink, 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
Signed this ____ day of June, 2007.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
__________________________
City Attorney
2557\2\res070608gnc Suspending GRIP 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:
Engineering
June 26, 2007
10/F
✔
ORDINANCE
Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the
City of Coppell to prohibit stopping, standing, or parking a vehicle on both sides of Kaye Street and at all times
beginning at a point 1550 feet east of its intersection with Coppell Road and extending to a point at the west property
line of Lot 14 of the Round Oak Estates in its entirety; and authorizing the Mayor to sign.
Staff recently received a request from the Fire Department asking that the turn around at the east end of Kaye Street
be designated a no parking zone. Safety concerns were expressed related to emergency response issues.
Approval of this ordinance will allow signs to be erected prohibiting parking on both sides of the Kaye Street turn
around.
Staff will be available to answer any questions at the Council meeting.
Staff recommends approval of the no parking ordinance to prohibit
parking in the Kaye Street turn around.
#Kaye Street No Park
From: Ken Griffin
To:Tim Oates
Date: 5/25/2007 10:20:59 AM
Subject: Re: Kaye
Tim
I went back and reviewed comments from when Round Oaks
Subdivision developed in the mid '90's. They actually dedicated
the "hammerhead" at the end of Kaye Street because they did not
want to extend Kaye Street to Harris. The intention was for it
to be a turnaround.
We can take an agenda item to restrict parking in the hammerhead
turnaround. It should be on the June 26, 2007 Council meeting..
ken g
>>> Tim Oates 5/24/2007 4:58 PM >>>
Mr. Griffin,
We have made several emergency calls over the past couple weeks
on Kaye St. Each time there are vehicles parked in the
'turnaround' at the east end of the road. The turnaround is not a
fire lane...but is parking vehicles in this area allowed? If so,
can we prohibit parking via ordinance?
Thanks.
CC:Paula Crocker
1 INCH = FT.
0 200
200
100
Proposed No Parking
Kaye Street
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\KAYE ST NO PARKING
Created on: 12 June, 2007 by Scott Latta
AREA OF PROPOSED
NO PARKING
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8-
3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO
PARK A VEHICLE IN THE RIGHT-OF-WAY DEDICATED FOR TURN
AROUND ON BOTH SIDES OF KAYE STREET AND AT ALL TIMES,
BEGINNING AT A POINT 1550 FEET EAST OF ITS INTERSECTION
WITH COPPELL ROAD AND EXTENDING TO A POINT AT THE WEST
PROPERTY LINE OF LOT 14 OF THE ROUND OAK ESTATES IN ITS
ENTIRETY; PROVIDING A REPEALING 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 Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the
same is hereby, amended to provide for no parking zones at all times on Kaye Street, to read as
follows:
“Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A.NO PARKING ON SPECIFIC STREETS
It shall be unlawful for any person to stop, stand or park a vehicle at
any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or
parking of a vehicle at the times designated for the following streets:
. . . .
KAYE STREET at all times on both sides in the right-of-way
dedicated for turn around, beginning at a point 1550 feet east of its
intersection with Coppell Road extending to a point at the west
property line of Lot 14, of the Round Oak Estates in its entirety.
. . . .”
2
SECTION 2.The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles, with the exception of an
official school bus operated by a licensed school bus driver, is prohibited at the locations designated
herein.
SECTION 3.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 4. 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 5. 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 6.That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 7.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.
3
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:
City Secretary
June 26, 2007
11
✔
PROCEDURAL
Consider appointment of an Alternate member to the Parks and Recreation Board to fill a vacancy which term expires
September 30, 2008.
At the June 12, 2007 meeting Brent Holdridge was moved from an Alternate to a Regular member creating an
opening for an Alternate.
Appoint a new Alternate member.
%parkbd
DATE: June 26, 2007
ITEM #: 12
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the opening of the Hard Eight Restaurant.
B. Report by Mayor Stover regarding an update of the Copperheads Baseball.
C. Report by Mayor Stover regarding the State of the City address.
D. Report by Mayor Stover regarding the July 3rd fireworks.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: June 26, 2007
ITEM #: 13
AGENDA REQUEST FORM
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell.
B. Coppell ISD – Councilmembers Peters and Faught.
C. Coppell Seniors – Councilmembers Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Councilmember Peters.
E. Economic Development Committee – Mayor Pro Tem Hinojosa-Flores and
Councilmember Franklin.
F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember
Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
K. North Texas Council of Governments – Councilmember Brancheau.
L. NTCOG/Regional Emergency Management – Councilmember Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
DATE:June 26, 2007
ITEM #: 14
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: June 26, 2007
ITEM #: 15
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: June 26, 2007
Department Submissions:
Item No. 10/F 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
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)