CP 2008-05-13
NOTICE OF CITY COUNCIL MEETING AND AGENDA
MAY 13, 2008
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)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, May 13, 2008, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3; and CB Parkway Business
Center, et al vs. City of Coppell, et al; and City of Dallas vs.
Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
2. Mira Mar vs. City of Coppell.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Purchase of real property west of Denton Tap/south of Bethel
Road.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects East and West of Beltline/Denton Tap and south
of Bethel Road and north of Sandy Lake Road/East of Denton
Tap.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Appointment of Mayor Pro Tem.
B. Discussion regarding Skateboard Ordinance.
C. Discussion regarding Council Retreat.
D. Discussion of Agenda Items.
Adjourn Work Session.
A COUNCILMEMBER APPRECIATION RECEPTION WILL BE HELD IN THE
ATRIUM FROM 6:15 P.M. UNTIL 7:00 P.M.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
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ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Canvass returns of the May 10, 2008 General Municipal Election, approval
of an order declaring the results of said election; and authorizing the
Mayor to sign.
8. Swearing in of Councilmembers Place 1, 3, 5 & 7.
9. Consider appointment of Mayor Pro Tem as required by Section 3.05 of
the Home Rule Charter.
10. Councilmember appreciation presentation.
11. Consider approval of a proclamation honoring Pete Wilson for his years of
service to the Coppell community, and authorizing the Mayor to sign.
12. Consider approval of a proclamation naming May 15 as Coppell Fire
Department Day, and authorizing the Mayor to sign.
13. Citizens' Appearances.
CONSENT AGENDA
14. Consider approval of the following consent agenda items:
A. Consider approval of minutes: April 22. 2008.
B. Consider approval of an agreement with Oncor Electric Delivery to
provide median lighting for the Bethel Road Project #ST 99-05 in the
amount of $69,282.00; as provided for in CIP funds; and authorizing
the City Manager to sign.
C. Consider approval of an amendment to the "Agreement of
Exchange of Property" between the City of Coppell and Chadick
Capital L.P. approved March 27, 2007; for the exchange of property
to allow the construction of drainage improvements on the Bethel
Road Project; and authorizing the City Manager to sign.
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ITEM # ITEM DESCRIPTION
D. Consider approval of an Ordinance amending the Code of
Ordinances by repealing Article 15-9, Property Maintenance Code,
in its entirety and by adding a new Article 15-14 to provide the
adoption of the International Property Maintenance Code, 2006
Edition, and the amendments thereto; and authorizing the Mayor to
sign.
E. Consider approval of an Ordinance amending the Code of
Ordinances by readopting and recodifying Article 15-9 providing for
the adoption of the Coppell Thoroughfare Plan; and authorizing the
Mayor to sign.
F. Consider approval of an Ordinance for Case No. PD-209R-C,
TownOaks Centre, zoning change from PD-209-C (Planned
Development-209-Commercial) to PD-209R-C (Planned
Development-209 Revised-Commercial) to allow an increase in the
allowable size of a proposed attached sign from 25.6 square feet to
51.9 square feet, for Tuesday Morning, on property located at the
southeast corner of Sandy Lake Road and Denton Tap Road and
authorizing the Mayor to sign.
G. Consider approval of an Ordinance for Case No. PD-214R3-SF-9,
Arbor Manors Phase II, zoning change from R (Retail) to PD-214R3-
SF-9 (Planned Development-214 Revision-3-Single Family-9) to
attach a Detail Site Plan to allow the development of two (2) single-
family homes, one (1) common area lot and street right-of-way on
approximately 0.87 acres of property located north of the
Whispering Hills Addition and east of the Georgian Place Addition
and authorizing the Mayor to sign.
H. Consider approval of an Ordinance for Case No. PD-222R2-LI, Duke
Lesley Addition Lot 2, Block A, zoning change from PD-222-LI
(Planned Development-222-Light Industrial) to PD-222R2-LI (Planned
Development-222 Revision 2-Light Industrial) to amend the PD
conditions to allow for attached building signage which exceeds
the size and number requirements of the Zoning Ordinance for
Hemispheres, located along the north side of Dividend Drive,
approximately 1,200 feet west of S. Belt Line Road and authorizing
the Mayor to sign.
END OF CONSENT
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ITEM # ITEM DESCRIPTION
15. PUBLIC HEARING:
Consider approval of Case No. PD-200R2-SF-12, Petterson Addition, zoning
change request from PD-200R-SF-12 (Planned Development-200 Revised -
Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2-
Single Family-12), to allow: realignment of the mutual access/fire lane
easement; an exception to the garage access requirement that states
garage access must only be accessed off of the alley; revised landscape
plan and construction of four single-family homes on 2.27 acres of
property, located along the north side of Sandy Lake Road,
approximately 130 feet west of Summer Place Drive.
16. Consider approval the Petterson Addition, Lots 1R-4R, & 1XR, Block A,
Replat, to establish four single-family residential lots, one common area,
easements, and a fire lane on 2.27 acres of property, located along the
north side of Sandy Lake Road, approximately 130 feet west of Summer
Place Drive.
17. Consider approval of a resolution authorizing the filing of a project funding
application with the North Central Texas Council of Governments for a
regional solid waste management local project, and authorizing the
Mayor to sign.
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding the Education Foundation
Recognition Dinner.
19. Necessary action resulting from Work Session.
20. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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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 9th day of May, 2008, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
2007 — 2012
Maintain Sustainable, Financially Sound City Government with Excellent Services
• Maintain quality customer service resulting in 90+% customer satisfaction ratings
• Ensure adequate resources to support defined services and service levels
• Retain reserves consistent with city policy
• Invest in the city’s future: operations & capital
• Ensure residents are aware of city vision, goals, services and programs
Develop & Revitalize Commercial Areas & Corridors
• Continue development: corporate offices and major distribution businesses
• Revitalize aged or deteriorating strip centers
• Maintain and expand business tax base
• Develop a quality hotel serving residents and guests
• Retain and support expansion of current businesses located in Coppell
Maintain & Upgrade City Infrastructure
• Maintain and improve quality of roads, alleys, and sidewalks
• Improve quality of storm water management systems
• Improve and maintain quality of city facilities
• Facilitate efficient traffic flow within and through the city
• Improve municipal utilities where necessary and maintain existing
Develop an Alive Old Coppell – A Community Destination
• Develop a community destination: residents think of Old Coppell as a place to go
• Attract small, niche retail businesses
• Attract more restaurants
• Maintain and expand the Farmers’ Market
• Attract non-residents to come and return for dining, shopping and entertainment
Maintain Attractive, Livable Neighborhoods with Quality Homes
• Protect the integrity and identity of current neighborhoods
• Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes)
• Maintain and increase property values in older homes
• Have infill developments that add value to the neighborhood
• Have a high percentage of owner-occupied single-family homes
Create a City for a Lifetime
• Provide leisure and recreational opportunities for all family generations
• Maintain a reputation as a safe community for all
• Have all generations and diverse populations feel welcome
• Maintain top quality schools in partnership with ISD’s
• Rejuvenate community events with a high level of participation
AGENDA REQUEST FORM
DATE: May 13, 2008
ITEM #: ES-2
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. Mira Mar vs. City of Coppell.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Purchase of real property west of Denton Tap/south of Bethel Road.
C. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel
Road and north of Sandy Lake Road/East of Denton Tap.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: May 13, 2008
ITEM #: WS-3
WORK SESSION
A. Discussion regarding Appointment of Mayor Pro Tem.
B. Discussion regarding Skateboard Ordinance.
C. Discussion regarding Council Retreat.
D. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
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
May 13, 2008
7
✔
PROCEDURAL
Canvass returns of the May 10, 2008 General Municipal Election, approval of an order declaring the results of said
election; and authorizing the Mayor to sign.
The General Municipal Election to fill Council Places 1, 3, 5 & 7 was held on Saturday, May 10, 2008. This canvass will
declare the results of that election.
Staff recommends approval.
%canvass
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
May 13, 2008
8
✔
PROCEDURAL
Swearing in of Councilmembers Place 1, 3, 5 & 7.
Councilmembers elected at the May 10 General Election will be sworn in for a new term for Places 1, 3, 5 & 7.
No action necessary.
%swearin
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
May 13, 2008
9
✔
PROCEDURAL
Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter.
The Coppell Home Rule Charter decrees that a new Mayor Pro Tem be selected annually at the first regular City
Council meeting following either each regular city election or run-off election if such occurs.
Elect a Mayor Pro Tem
%ProTem
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
May 13, 2008
10
✔
PROCEDURAL
Councilmember appreciation presentation.
No action necessary.
%swearin
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
May 13, 2008
11
✔
PROCLAMATION
Consider approval of a proclamation honoring Pete Wilson for his years of service to the Coppell community, and
authorizing the Mayor to sign.
!Wilson
PROCLAMATION
WHEREAS, Wheelice “Pete” Wilson was raised in Coppell, and has taught in the
Coppell Independent School District for 36 years; and
WHEREAS, during that time Pete taught chemistry, seventh and eighth grade English,
speech and journalism; and
WHEREAS, Pete began teaching drama in 1976 with about 20 students, and today there
are almost 250 students, three teachers and 11 classes per day; and
WHEREAS, he was instrumental in spearheading Theatre Coppell 18 years ago, and is
currently its Artistic Director; and
WHEREAS, through Pete Wilson’s dedication, self-sacrifice, and commitment to his
home-town community, Coppell high school students have successfully competed in State
competitions for theater.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, on behalf of
the City Council, hereby extend our sincere thanks and appreciation to Pete Wilson at the time of
his retirement for his efforts to promote drama and theater in the Coppell Independent School
District and the city of Coppell.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to
be affixed this _____ day of May 2008.
__________________________________________
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:
Fire Department
May 13, 2008
12
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PROCLAMATION
Consider approval of a proclamation naming May 15 as Coppell Fire Department Day, and authorizing the Mayor to
sign.
Staff recommends approval.
(FD Proclamation - 1 AR
PROCLAMATION
WHEREAS, The Coppell Volunteer Fire Department was organized on May
15, 1958 when 26 men laid the groundwork for what is now known as the Coppell
Fire Department; and
WHEREAS, On May 22, 1958 Dallas County Fire Marshal Hal Hood
accepted the charter of the newly formed volunteer department which remained an
all-volunteer Fire Department until 1972; and
WHEREAS, Coppell Fire Department officially became a fully paid
department in 1987; and
WHEREAS, today the department has 93 funded positions made up of highly
trained men and women who serve the community with great care and passion; and
WHEREAS, the department’s primary focus is to protect lives and property
and prides itself on maintaining a safe community through exceptional public
services.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do
hereby proclaim May 15, 2008 as
"COPPELL FIRE DEPARTMENT DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this _____ day of May 2008.
_____________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________
Libby Ball, City Secretary
AGENDA REQUEST FORM
DATE: May 22, 2008
ITEM #: 13
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
May 13, 2008
14/A
✔
PROCEDURAL
Consider approval of minutes: April 22, 2008.
Minutes of the City Council meeting held on April 22, 2008.
Staff recommends approval.
%minutes
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MINUTES OF APRIL 22, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, April 22, 2008 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
Mayor Pro Tem Brianna Hinojosa-Flores
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and
City Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a
quorum was present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. Mira Mar vs. City of Coppell.
2. 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.
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1. Purchase of real property west of Denton
Tap/south of Bethel Road.
C. Section 551.087, Texas Government Code –
Economic Development Negotiations.
1. ED Prospects East and West of Beltline/Denton
Tap and south of Bethel Road.
Mayor Stover convened into Executive Session at 5:43 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 6:06 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discuss Waste Management Contract.
B. Discuss Employee Medical Benefits.
C. Discuss Town Center Plaza Time Capsule.
D. Discuss Board & Commission Schedule.
E. 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. Presentation recognizing Boy Scouts that have completed
Eagle Projects with the Coppell Parks and Recreation
Department.
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Presentation:
Amanda Vanhoozier, Community Programs Supervisor, introduced
Jonathan Berry and Jason Orr and Mayor Stover presented a
certificate to each.
8. Presentation to Duke Realty for winning the Best
Industrial Deal of the Year for Point West at the Dallas
Business Journal Best Real Estate Deals of the Year
Award Banquet on February 28, 2008.
Presentation:
Jim Witt, City Manager, introduced Jeff Turner who introduced
Jeff Thorton and Randy Wood. Mayor Stover presented a
certificate for the Corporate Coup of the Year.
9. Consider approval of a proclamation honoring Kathie
Gautille for her years of service on the Coppell
Independent School District Board of Trustees, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented
the same to Kathie Gautille.
Action:
Councilmember Peters moved to approve a proclamation honoring
Kathie Gautille for her years of service on the Coppell Independent
School District Board of Trustees, and authorizing the Mayor to
sign. Councilmember Franklin seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin
and York voting in favor of the motion.
10. Consider approval of a proclamation naming Wednesday,
April 23 National Secretary/Office Professionals Day, and
authorizing the Mayor to sign.
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Presentation:
Mayor Stover read the Proclamation for the record and presented
the same to Allana Lamberth.
Action:
Mayor Pro Tem Hinojosa-Flores moved to approve a proclamation
naming Wednesday, April 23 National Secretary/Office
Professionals Day, and authorizing the Mayor to sign.
Councilmember York seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught,
Franklin and York voting in favor of the motion.
11. Consider approval of a proclamation naming the week of
May 4 through May 10, 2008 Municipal Clerks Week, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented
the same to Libby Ball.
Action:
Councilmember Tunnell moved to approve a proclamation naming
the week of May 4 through May 10, 2008 Municipal Clerks Week,
and authorizing the Mayor to sign. Councilmember Franklin
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell,
Faught, Franklin and York voting in favor of the motion.
12. Presentation and update on activities of the Coppell
Youth Advisory Council.
Presentation:
Brad Reid, Director of Parks and Recreation introduced Lauren
Lake, Zach Flores and Brian Nicholas, Recreation Center
Supervisor, who spoke about the activities of Youth Advisory
Council.
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13. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
14. Consider approval of the following consent agenda items:
A. Consider approval of minutes: April 8, 2008.
B. Consider approval of signing an Interlocal
Purchasing Agreement between the City of Coppell
and the City of Weatherford, and authorizing the
Mayor to sign
C. Consider approval of an Ordinance abandoning a
sanitary sewer easement as described in Exhibit "A"
and Exhibit "B" within the Alexander Tract (proposed
Alexander Court Subdivision) at the northwest
corner of Denton Tap Road and Bethel Road; and
authorizing the Mayor to sign.
D. Consider approval of The William T. Cozby Public
Library Advisory Board Amended By-Laws as
approved by Library Advisory Board on March 13,
2008.
Action:
Councilmember Peters moved to approve Consent Agenda
Items A, B, C carrying Ordinance No. 2008-1194, and D.
Councilmember York seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught,
Franklin and York voting in favor of the motion.
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15. PUBLIC HEARING:
Consider approval of Case No. PD-215R-LI, Victron
Energy, a zoning change request from PD-215-LI (Planned
Development-215-Light Industrial) to PD-215R-LI
(Planned Development-215 Revised-Light Industrial) as
revised, to allow red & yellow striping and internally
illuminated signage on the gas pump canopy and
internally illuminated signage on two sides of an eight-
foot tower extension located along I.H. 635 on 2.34 acres
of property within the City of Coppell and the City of
Irving, located south of I.H. 635, east of Royal Lane.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Bennett Ratliff, representing the applicant, made a presentation to
Council.
Public Hearing:
Mayor Stover advised the Public Hearing remained open from the
April 8 City Council meeting, and asked for those persons wishing
to speak.
1) Nick Vasquez, Construction Manager, stated Shell did not
make the sign without the white background.
2) Alan Melville, 336 Beechwood, spoke in favor of the
proposal.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
Mayor Stover convened into Executive Session at 8:30 p.m. Mayor
Stover adjourned the Executive Session at 8:33 p.m. and reopened
the Regular Session.
REGULAR SESSION (Open to the Public)
cm042208
Page 7 of 10
Action:
Councilmember Tunnell moved to close the Public Hearing and
approve the Shell logo sign with white background on two sides of
the tower and red internally lit letters edged in yellow spelling
SHELL on the canopy for Case No. PD-215R-LI, Victron Energy, a
zoning change request from PD-215-LI (Planned Development-215-
Light Industrial) to PD-215R-LI (Planned Development-215
Revised-Light Industrial) as revised, located along I.H. 635 on 2.34
acres of property within the City of Coppell and the City of Irving,
located south of I.H. 635, east of Royal Lane. Councilmember York
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell,
Faught, Franklin and York voting in favor of the motion.
16. Consider approval of a Resolution amending Resolution
No. 010996.3, as heretofore amended, with regard to
recreational fees and garbage collection fees and
authorizing the Mayor to sign.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to the
Council.
Action:
Councilmember Franklin moved to approve Resolution No. 2008-
0422.1 amending Resolution No. 010996.3, as heretofore
amended, with regard to recreational fees and garbage collection
fees and authorizing the Mayor to sign. Councilmember Brancheau
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell,
Faught, Franklin and York voting in favor of the motion.
17. City Manager's Report.
Jim Witt, City Manager, announced the groundbreaking for Rolling
Oaks Memorial Cemetery to be held May 7 at 5:00 pm at the
corner of Ruby and Freeport.
cm042208
Page 8 of 10
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding Election Day and
Early Voting for the May 10 Election.
B. Report by Mayor Stover regarding Relay for Life on
April 26 & 27.
C. Report by Mayor Stover regarding Regional Mayors
Best Practices Conference.
D. Report by Mayor Stover regarding Coppell High
School government class visit.
E. Report by Mayor Stover regarding Pinkerton
Elementary School 3rd grade class visit.
A. Mayor Stover reminded the public about Election Day for
both City Council and School Board on May 10 at Town
Center. Early Voting begins April 28-May 6 at Town Center.
The hours are Monday-Saturday 8 am-5 pm, Sunday 1-6
pm, and 7am-7pm May 5-6. Libby Ball, City Secretary,
reminded the public that they can early vote at any Dallas
County location. Coppell residents living in Denton County
will vote at Town Center.
B. Mayor Stover announced Relay for Life will be held April 26-
27 at Wagon Wheel Park. Mayor Pro Tem Hinojosa-Flores
will stand in for the Mayor at the Welcome Ceremonies.
C. Mayor Stover spoke about the Regional Mayors Best
Practices Conference and thanked the Mayor of Frisco for
hosting the event.
D. Mayor Stover attended the High School government classes
and spoke about local government in Coppell and the right
to vote.
E. Mayor Stover reported on his visit to Pinkerton Elementary
and thanked the teachers for allowing him to speak.
19. 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.
cm042208
Page 9 of 10
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.
A. Councilmember Tunnell announced CFBISD will be hosting
a Health Fair May 8. LISD will be holding a bond election
May 10.
B. Councilmember Faught announced that the New Tech High
School renovations will begin once school is out. School will
begin as scheduled. The School Board also recognized Mr.
Richard Lee for his years of service and reserved the right to
name another school facility after him.
C. Councilmember Faught informed the council that a
candidate forum was held on April 14. Mayor Pro Tem
Hinojosa-Flores spoke and Councilmembers Brancheau and
Faught attended. The Coppell Seniors are looking forward to
the groundbreaking of the new Senior Center.
D. Councilmember Peters reported SH161 will be designated a
toll road. She also attended the 3rd annual Texas
Transportation Forum in Austin where transportation was
discussed to be in a state of financial crisis.
E. Councilmember Franklin said the Economic Development
Committee met April 2 and discussed existing tax incentives
and its impact on Coppell’s revenue base. Real Estate
Developers were invited to participate in the discussion and
stated Coppell is well-known for being business friendly.
F. Nothing to report.
G. Nothing to report.
H. Nothing to report.
I. Nothing to report.
cm042208
Page 10 of 10
J. Councilmember Tunnell announced the Keyholder Breakfast
raised more than $60,000. Farmers Branch Rotary is hosting
a golf tournament at Riverchase Golf Course April 28.
K. Nothing to report.
L. Councilmember Franklin said the group met April 10. A
presentation was made on the drowning in Mesquite. Five
CERT teams, including Coppell, were brought in to assist.
They also discussed the Super Bowl in Arlington. Three
years is needed for planning with an expectation of 115,000
people in attendance. Federal and regional support will be
needed.
M. Nothing to report.
N. Councilmember Faught reported the Senior Adult Services
received $5,000 to help with transportation from Harold
Simmons Foundation. They are predicting 131% growth
between 2000-2009 in individuals 65 years or older in the
Coppell area.
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
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
May 13, 2008
14/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of an agreement with Oncor Electric Delivery to provide median lighting for the Bethel Road
Project #ST 99-05 in the amount of $69,282.00; as provided for in CIP funds; and authorizing the City Manager to sign.
Approval of the agreement with Oncor Electric Delivery will provide for the installation of 44 street light standards in
the median of Bethel Road from west of Loch Lane to the west city limit. All foundations and conduits were included
as part of the original project scope and will be installed by Tiseo Paving Company, the contractor for the project.
Staff recommends approval of the agreement with Oncor Electric Delivery for street light installation on Bethel Road
and will be available for any questions at the Council meeting.
Funds are available in the 2002 Street CIP account for this agreement.
Staff recommends approval of the agreement with Oncor Electric
Delivery.
#Bethel Rd Light Agmt
1 INCH = FT.
0 800
800
400
Proposed Street Lights
Bethel Road
City of Coppell
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\BETHEL LIGHTS
Created on: 25 April 2008 by Scott Latta
PROPOSED
STREET LIGHT
Onco rElectricDelivery
Major Design Engineering
Rick Fielding
14400 Josey Ln
Farmers Branch Texas 75234
Phone 972 888 1344
Fax 972 888 1304
WR 2935884
Date 04 16 08
City of Coppell
Keith Marvin
972 304 3681
255 Parkway Blvd
Coppell Texas 75019
Services provided at
Bethel Road from Coppell City
Limits to Freeport Pkwy
Coppell Texas
Dallas County
DESCRIPTION AMOUNT
Install 44 square Standards with 88 250 watt hps Luminaires 6880 feet of street secondary transformer 2 risers 2 st
It controllers
Total Amount Due Upon Receipt 69 282 00
o Remit payment to the below address with attention to Rick Fielding
o Project will be scheduled after signed agreement has been received
o Price quoted is valid for sixty days 60 from date of this document
o If you should have any questions please contact the Project Manager listed at the top
6NCQR
f
Please make all check s payable to Oncor Electric Delivery
Remit to
Attn Rick Fielding
14400 J9sey Ln
EXHmIT A
SUPPLEMENT TO
THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN
ONCOR ELECTRIC DELIVERY COMPANY AND THE CITY OF COPPELL
DATED 06 09 93
This Supplement Supplement to the Agreement for Street Lighting Service dated 06 09 93
Agreement is made and entered into this 16th day of April 2008 by ONCOR Electric Delivery
Company and The City ofCOPPELL Customer both hereinafter referred to as the Parties In
consideration of the mutual promises and undertakings herein set forth the Parties hereby agree to amend
the Agreement as follows
1 The following Request for Street Lighting Service is hereby added to the Agreement
Request for Street Lighting Service dated 06 09 93 attached hereto
2 This Supplement shall become effective upon execution by the Parties
3 This Supplement is subject to the terms and conditions of the Agreement
4 If Customer has arranged for its designated agent or representative Customer s Agent to pay
to Company the contribution in aid of construction CIAC referenced in the Agreement then
Customer s Agent shall execute this Amendment for the sole purpose of establishing such agents
agreement to pay such CIAC
5 Except as otherwise provided herein the Agreement shall continue in full force and effect in
accordance with its terms
IN WITNESS HEREOF the Parties have caused this Supplement to be executed in several counterparts
each of which shall be deemed an original but all shall constitute one and the same instrument
By
ONCOR ELECTRIC DELIVERY COMPANY
1t
pftoSe r MIJNA6
4 1 Otb
THE CITY OF COPPELL
By
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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
May 13, 2008
14/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of an amendment to the "Agreement of Exchange of Property" between the City of Coppell and
Chadick Capital L.P. approved March 27, 2007; for the exchange of property to allow the construction of drainage
improvements on the Bethel Road Project; and authorizing the City Manager to sign.
Approval of this amendment to the agreement will allow the construction of the drainage improvements on the
Bethel Road project to continue.
Staff will be available to answer any questions at the council meeting.
Staff recommends approval of the amended agreement between the
City of Coppell and Chadick Capital L.P.
#Revised Bethel Rd Drainage Agmt
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: May 13, 2008
REF: Consider approval of an amendment to the “Agreement of Exchange of
Property” between the City of Coppell and Chadick Capital L.P. approved
March 27, 2007; for the exchange of property to allow the construction of
drainage improvements on the Bethel Road Project; and authorizing the City
Manager to sign.
On March 27, 2007 Council approved an agreement to exchange property that the City of
Coppell owned on the south side of Bethel Road for property that Mr. Chadick owned on the
north side of Bethel Road that was needed for the construction of drainage improvements
associated with the Bethel Road Phase 1 project. After the agreement was approved by City
Council and after numerous meetings and phone calls with Mr. Chadick, it became obvious that
the original agreement was not acceptable to Mr. Chadick.
The reason for the holdup concerned mineral rights. Mr. Chadick had previously sold his
mineral rights for the property he was trading to the City and wished to retain those mineral
rights. He also requested that the City give him the mineral rights on the property we were
exchanging for his property. Because he was retaining mineral rights, our attorney indicated it
would not be a fair exchange if we also gave him the mineral rights from our property. There
were several meetings and phone calls between my office, our attorney and Mr. Chadick
concerning restructuring the agreement for the exchange of lands. Mr. Chadick now fully
understands that the City will not convey its mineral rights on the property we are exchanging for
portions of his property where he has already sold his rights. Therefore, we have revised the
agreement to satisfy both parties.
The original agreement had the City exchanging our Parcel One for Mr. Chadick’s Parcel Two
and a portion of Parcel Three. Parcel Two is being obtained for the sole purpose of creating a
drainage easement to contain channel improvements as required by the US Army Corps of
Engineers. Parcel Three is right-of-way necessary on the corner for the widening of Coppell
Road and Bethel Road. The revised exchange will again have the City exchanging Parcel One
for Parcel Two, but instead of using Parcel Three, we will be using the drainage easement
associated with Parcel Five. These are all shown on the attached exhibit.
We are exchanging 16,537 square feet of Parcel One for 11,917 square feet of Parcel Two and
9,586 square feet of Parcel Five. In essence, we are exchanging 16,537 feet for a total of 21,503
feet. We will then purchase Parcels Three, Four and the right-of-way portion of Parcel Five for
an approximate total of $28,736.00.
The only change to the agreement previously approved by Council in March 2007 is clarification
that the City is retaining the mineral rights, and Exhibit B-2. The original Exhibit B-2 was an
exhibit showing Parcel Three, the revised Exhibit B-2 is an exhibit showing the drainage
easement associated with Parcel Five.
Staff recommends approval of the amendment to the “Agreement of Exchange of Property”
between the City of Coppell and Chadick Capital, LP and will be available to answer any
questions at the council meeting.
AGREEMENT OF EXCHANGE OF PROPERTY
THIS AGREEMENT OF EXCHANGE OF PROPERTY ("Agreement") is made by and
between the City of Coppell, Texas ("City"), a Municipal Corporation under the laws of the State
of Texas, and Chadick Capital L.P. ("Chadick").
I.
Property Exchange
1.01 City to Chadick. City agrees to exchange and convey unto Chadick, and
Chadick agrees to exchange and accept from City all of that certain tract of real property located
in Dallas County, Texas, consisting of approximately sixteen thousand five hundred thirty-seven
(16,537) square feet and being more particularly described in Exhibit “A,” which is attached
hereto and incorporated herein for all purposes, save and except mineral rights, for the
consideration and subject to the terms, covenants, conditions and provisions herein set forth.
1.02 Chadick to City. Chadick agrees to exchange and convey unto City, and City
agrees to exchange and accept from Chadick all of that certain tract of real property located in
Dallas County, Texas, consisting of approximately sixteen thousand five hundred thirty-seven
(16,537) square feet and being more particularly described in Exhibits “B1" and "B2” which are
attached hereto and incorporated herein for all purposes, save and except mineral rights, for the
consideration and subject to the terms, covenants, conditions and provisions herein set forth.
II.
Consideration
2.01 Purchase Price. The purchase price and/or exchange to be paid for the sale,
exchange and conveyance shall be as follows:
(a) For the property described by metes and bounds in Exhibit "A," Chadick
shall pay to the City the purchase/exchange price of ten dollars ($10.00); and as further
consideration, Chadick shall convey unto City the property described in Exhibits “B1" and "B2”;
and
(b) For the property described by metes and bounds in Exhibits “B1" and
"B2”, City shall pay to Chadick the purchase/exchange price of ten dollars ($10.00); and as
further consideration, City shall convey unto Chadick the property described in Exhibit “A.”
III.
Inspection
3.01 Inspection Obligations.
(a) Chadick and Chadick's Contractors shall: (i) not disturb the tenants, if
any, of the Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause
Page 1
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bodily harm to City, its agents, contractors, employees or tenants; (iv) maintain general liability
(occurrence) insurance in terms and amounts satisfactory to City covering any accident arising in
connection with the presence of the Chadick, its agents and representatives on the Property; (v)
promptly pay when due the costs of all tests, investigations, and examinations done with regard
to the Property; (vi) not permit any liens to attach to the Property by reason of the exercise of its
rights hereunder; and, (vii) restore the surface of the Property to the condition in which the same
was found before any permitted inspections or tests were undertaken. The obligations of
Chadick created pursuant to this Agreement are called "Chadick's Inspection Obligations."
Notwithstanding any provision of this Agreement to the contrary, no termination of this
Agreement shall terminate the Chadick's Inspection Obligations, and the limitations of damages
as set forth in this Agreement shall not apply to any cause of action arising out of a breach of the
Chadick's Inspection Obligations.
(b) City and City’s Contractors shall: (i) not disturb the tenants, if any, of the
Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause bodily harm
to Chadick, its agents, contractors, employees or tenants; (iv) maintain general liability
(occurrence) insurance in terms and amounts satisfactory to Chadick covering any accident
arising in connection with the presence of the City, its agents and representatives on the
Property; (v) promptly pay when due the costs of all tests, investigations, and examinations done
with regard to the Property; (vi) not permit any liens to attach to the Property by reason of the
exercise of its rights hereunder; and, (vii) restore the surface of the Property to the condition in
which the same was found before any permitted inspections or tests were undertaken. The
obligations of City created pursuant to this Agreement are called "City’s Inspection Obligations."
Notwithstanding any provision of this Agreement to the contrary, no termination of this
Agreement shall terminate the City’s Inspection Obligations, and the limitations of damages as
set forth in this Agreement shall not apply to any cause of action arising out of a breach of the
City’s Inspection Obligations.
3.02 Property Conveyed "AS IS".
(a) CHADICK ACKNOWLEDGES AND AGREES THAT CITY IS
NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER
THAN CITY'S WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY
DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES,
PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS,
INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS , VALUATION,
GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY
OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY
INCLUDING, WITHOUT LIMITATION: (A) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR
FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; AND (B)
THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE
PROPERTY. CHADICK AGREES THAT WITH RESPECT TO THE PROPERTY,
Page 2
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CHADICK HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER
DIRECTLY OR INDIRECTLY, ANY STATEMENT, REPRESENTATION OR
WARRANTY OF CITY OR ANY AGENT OF CITY. CHADICK REPRESENTS THAT
IT IS A KNOWLEDGEABLE CHADICK OF REAL ESTATE AND THAT IT IS
RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF CHADICK'S
CONTRACTORS, AND THAT CHADICK WILL CONDUCT SUCH INSPECTIONS
AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL
RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT
ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL
AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY
CHADICK'S INSPECTIONS AND INVESTIGATIONS. CHADICK ACKNOWLEDGES
AND AGREES THAT UPON CLOSING, CITY SHALL SELL AND CONVEY TO
CHADICK AND CHADICK SHALL ACCEPT THE PROPERTY AS IS, WHERE IS,
WITH ALL FAULTS, AND CHADICK FURTHER ACKNOWLEDGES AND AGREES
THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR
REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY
CITY, ANY AGENT OF CITY OR ANY THIRD PARTY. THE TERMS AND
CONDITIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CLOSING
AND NOT MERGE THEREIN AND SHALL BE INCORPORATED INTO THE
SPECIAL WARRANTY DEED. CITY IS NOT LIABLE OR BOUND IN ANY MANNER
BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR
INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL
ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS
THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN.
(b) CITY ACKNOWLEDGES AND AGREES THAT CHADICK IS NOT
MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER
THAN CHADICK’S WARRANTY OF TITLE SET FORTH IN THE SPECIAL
WARRANTY DEED TO BE DELIVERED AT CLOSING), ZONING, TAX
CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS,
AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR
PROJECTIONS , VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL
REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR
AFFECTING THE PROPERTY INCLUDING, WITHOUT LIMITATION: (A) THE
VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY,
SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE
PROPERTY; AND (B) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF
REPAIR OF THE PROPERTY. CITY AGREES THAT WITH RESPECT TO THE
PROPERTY, CITY HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER
DIRECTLY OR INDIRECTLY, ANY STATEMENT, REPRESENTATION OR
WARRANTY OF CHADICK OR ANY AGENT OF CHADICK. CITY REPRESENTS
THAT IT IS A KNOWLEDGEABLE CITY OF REAL ESTATE AND THAT IT IS
Page 3
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RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF CITY’S
CONTRACTORS, AND THAT CITY WILL CONDUCT SUCH INSPECTIONS AND
INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE
PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY
UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE
MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY
CHADICK'S INSPECTIONS AND INVESTIGATIONS. CITY ACKNOWLEDGES AND
AGREES THAT UPON CLOSING, CHADICK SHALL SELL AND CONVEY TO CITY
AND CITY SHALL ACCEPT THE PROPERTY AS IS, WHERE IS, WITH ALL
FAULTS, AND CITY FURTHER ACKNOWLEDGES AND AGREES THAT THERE
ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS,
COLLATERAL TO OR AFFECTING THE PROPERTY BY CHADICK, ANY AGENT
OF CHADICK OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS
SECTION SHALL EXPRESSLY SURVIVE THE CLOSING AND NOT MERGE
THEREIN AND SHALL BE INCORPORATED INTO THE SPECIAL WARRANTY
DEED. CHADICK IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL
OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION
PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER,
AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE
SPECIFICALLY SET FORTH OR REFERRED TO HEREIN.
3.03 Environmental Studies.
(a) As additional consideration for the transactions contemplated herein,
Chadick agrees that it will provide to City immediately following the receipt of same by Chadick
copies of any and all reports, tests or studies involving hazardous materials (hereafter defined)
on, under or at the Property which reports, tests or studies shall be addressed to both the City and
Chadick at no cost to City; provided, however, Chadick shall have no obligations to cause any
such tests or studies to be performed on the Property.
(b) As additional consideration for the transactions contemplated herein, City
agrees that it will provide to Chadick immediately following the receipt of same by City copies
of any and all reports, tests or studies involving hazardous materials (hereafter defined) on, under
or at the Property which reports, tests or studies shall be addressed to both the Chadick and City
at no cost to Chadick; provided, however, City shall have no obligations to cause any such tests
or studies to be performed on the Property.
3.04 Release and Indemnity.
(a) CHADICK RELEASES, INDEMNIFIES AND HOLDS CITY
HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION AND EXPENSES
(INCLUDING THOSE ASSERTED AGAINST OR INCURRED BY CITY) WHICH
ARISE OUT OF OR RELATE TO THE PRESENCE, GENERATION, TREATMENT OR
DISPOSITION OF HAZARDOUS MATERIALS ON, UNDER OR AT THE PROPERTY
Page 4
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OR ANY PROPERTY NEAR THE PROPERTY. THIS SECTION SHALL SURVIVE
CLOSING UNTIL FULLY PERFORMED.
(b) CITY RELEASES, INDEMNIFIES AND HOLDS CHADICK
HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION AND EXPENSES
(INCLUDING THOSE ASSERTED AGAINST OR INCURRED BY CHADICK) WHICH
ARISE OUT OF OR RELATE TO THE PRESENCE, GENERATION, TREATMENT OR
DISPOSITION OF HAZARDOUS MATERIALS ON, UNDER OR AT THE PROPERTY
OR ANY PROPERTY NEAR THE PROPERTY. THIS SECTION SHALL SURVIVE
CLOSING UNTIL FULLY PERFORMED.
IV.
Survey
4.01 Chadick Survey. Within fifteen (15) days after the Effective Date, City shall
deliver to Chadick the Existing Survey. City shall authorize the person or company (the
"Surveyor(s)") who prepared the Existing Survey to cooperate with Chadick in making any
changes or additions (collectively, "Survey Modifications") to the Existing Survey which
Chadick reasonably requests; provided, however, (a) City shall not have any obligations to cause
any Survey Modifications to be done, (b) Chadick shall pay costs of the Survey Modifications,
and (c) the Survey Modifications shall not be conditions to Chadick's obligations pursuant to this
Agreement. Additionally, Chadick may engage another surveyor to prepare the Chadick's
Survey at Chadick's expense.
4.02 City Survey. Within fifteen (15) days after the Effective Date, Chadick shall
deliver to City the Existing Survey. Chadick shall authorize the person or company (the
"Surveyor(s)") who prepared the Existing Survey to cooperate with City in making any changes
or additions (collectively, "Survey Modifications") to the Existing Survey which City reasonably
requests; provided, however, (a) Chadick shall not have any obligations to cause any Survey
Modifications to be done, (b) City shall pay costs of the Survey Modifications, and (c) the
Survey Modifications shall not be conditions to City’s obligations pursuant to this Agreement.
Additionally, City may engage another surveyor to prepare the City’s Survey at City's expense.
V.
Deed
5.01 Quitclaim Deed.
(a) Within fifteen (15) days after the Effective Date, City shall deliver to
Chadick a Quitclaim Deed to the property described in Exhibit “A.”
(b) Within fifteen (15) days after the Effective Date, Chadick shall deliver to
City a Quitclaim Deed to the property described in Exhibits “B1" and "B2”.
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VI.
Remedies
6.01 City's Remedies. In the event Chadick fails to perform its obligations pursuant to
this Agreement for any reason except failure by City to perform hereunder, City shall be entitled
to terminate this Agreement. In the event of Chadick's default or a termination of this
Agreement, and notwithstanding anything in this Section to the contrary, City shall have all
remedies available at law or in equity in the event that Chadick or any party related to or
affiliated with Chadick asserts any claims or right to the Property that would otherwise delay or
prevent City from having clear, indefeasible and marketable title to the Properties. Nothing in
this Section shall limit City's recovery arising out of a breach of Chadick's Inspection
Obligations, Chadick's obligations pursuant to Section 7.04 or any obligations of Chadick arising
subsequent to the Closing.
6.02 Chadick's Remedies. In the event City fails to perform its obligations pursuant
to this Agreement for any reason except failure by Chadick to perform hereunder, Chadick shall
be entitled to terminate this Agreement. In the event of City’s default or a termination of this
Agreement, and notwithstanding anything in this Section to the contrary, Chadick shall have all
remedies available at law or in equity in the event that City or any party related to or affiliated
with City asserts any claims or right to the Property that would otherwise delay or prevent
Chadick from having clear, indefeasible and marketable title to the Properties. Nothing in this
Section shall limit Chadick’s recovery arising out of a breach of City’s Inspection Obligations,
City’s obligations pursuant to Section 7.04 or any obligations of City arising subsequent to the
Closing.
6.03 Attorney's Fees. In the event any litigation arises out of this Agreement between
the parties hereto, the non-prevailing party shall pay the prevailing party all reasonable attorneys'
fees and expenses expended or incurred in connection with such litigation.
VII.
Miscellaneous
7.01 Entire Agreement. This Agreement contains the entire agreement of the parties
hereto. There are no other agreements, oral or written, and this Agreement can be amended only
by written agreement signed by the parties hereto, and by reference made a part hereof.
7.02 Binding Agreement; Assignment. This Agreement, and the terms, covenants,
and conditions herein contained shall inure to the benefit of and be binding upon the successors
and assigns of each of the parties hereto. Chadick may not assign its rights under this Agreement
without City's prior written consent, which consent may be withheld in City's sole discretion.
7.03 Effective Date. The Effective Date of this Agreement shall be the date on which
this Agreement is fully executed by both City and Chadick.
7.04 Notice. Any notice required or permitted to be delivered hereunder may be given
by personal delivery to the party entitled thereto, by facsimile transmission with electronic
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confirmation, or by any courier service which guarantees overnight, receipted delivery,
addressed to City or Chadick, as the case may be, at the address set forth below or at such other
address for a party as such party may specify in writing to the other party from time to time in
accordance with the further provisions of this Section. Any notice given to the proper address
will be deemed to have been received on the earlier of (i) actual receipt, or (ii) the first business
day following deposit with an overnight courier service which guarantees receipted delivery. For
the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided,
be as follows:
City: City of Coppell
ATTN: Jim Witt, City Manager
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
with copy to: Robert E. Hager
Nichols, Jackson, Dillard,
Hager & Smith, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Facsimile: 214-965-0010
Chadick: Chadick Capital L.P.
% Chadick Capital Management
3201 Lovers Lane
Dallas, TX 75225-7627
The parties hereto shall have the right from time to time to change their respective
addresses, and each shall have the right to specify as its address any other address within the
United States of America by at least five (5) days written notice to the other party.
7.05 Time. Time is of the essence in all things pertaining to the performance of this
Agreement.
7.06 Place of Performance. This Agreement is made and shall be performable in
Dallas County, Texas, and shall be construed in accordance with the laws of Texas.
7.07 Section Headings. The section headings contained in this Agreement are for
convenience only and shall in no way enlarge or limit the scope or meaning of the various and
several sections hereof.
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7.08 Authority of City and Chadick. City represents, warrants and covenants to and
with Chadick that City has full right, power and authority to enter into this Agreement and, at
Closing, will have full right, power and authority to consummate the conveyance provided for
herein. Chadick represents, warrants and covenants to and with City that Chadick has full right,
power and authority to enter into this Agreement and, at Closing, will have full right, power and
authority to consummate the conveyance provided for herein.
EXECUTED on this ____ day of __________________, 2008.
CITY:
CITY OF COPPELL, TEXAS
By:
Jim Witt, City Manager
EXECUTED on this ____ day of __________________, 2008.
CHADICK:
CHADICK CAPITAL L.P.
By:
Steven Chadick
Page 8
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STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ________ day of _______________,
2008, by Steven Chadick, on behalf of Chadick Capital L.P., a limited partnership, on behalf of said
entities.
_________________________________________
NOTARY PUBLIC, State of Texas
My Commission Expires
______________________________
Page 9
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STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of _______________,
2008, 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
______________________________
Page 10
10757
Page 1 of3
EXHIBIT B 1
DRAINAGE EASEMENT
CHADICK CAPITAL LP
Being 0274 acre tract of land more or less situated in County of Dallas State of Texas
and being out of the John Vest Survey Abstract No 1508 and being a portion of that
certain called 86 acre tract of land conveyed by GEORGE A CHADICK and WIFE
HALLIE R CHADICK to CHADICK CAPITAL LP by deed recorded in Volume
99114 Page 08104 of the Deed Records of Dallas County Texas D R D C T which
0 274 acre tract ofland more or less is more particularly described as follows
COMMENCING at a 12 inch pipe found for the Northeast corner of said 86 acre tract
and the Northwest corner of a tract conveyed to CHADICK CAPn AL LP by deed
recorded in Volume 99114 Page 08133 D R D C T said 12 inch pipe being in the South
line ofa tract of land conveyed to MICHAEL S CHASE AND GRACIELA P CHASE
HUSBAND AND WIFE by deed recorded in Volume 95243 Page 02071 D R D C T
THENCE North 89053 03 West along the common North line of said 86 acre tract
and the South line of said MICHAEL S CHASE AND GRACIELA P CHASE
HUSBAND AND WIFE tract a distance of 82 80 feet to a 5 8 inch iron rod with plastic
cap stamped Transystems Corporation set for the Northeast corner of herein described
Drainage Easement and being the POINT OF BEGINNING
THENCE South 110 13 05 West departing said common line and across said 86 acre
tract a distance of9 62 feet to a 5 8 inch iron rod with plastic cap stamped Transystems
Corporation set for an angle point on the East line of herein described Drainage
Easement
THENCE South 000 13 09 West continuing across said 86 acre tract a distance of
189 06 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set
for the Southeast corner of herein described Drainage Easement in the South line of said
called 86 acre tract and the North right of way line of Bethel Road a variable width
right of way from which the reconstructed Southeast corner of said 86 acre tract bears
South 890 53 03 East a distance of 145 00 feet
THENCE North 890 53 03 West along the common South line of said 86 acre tract
and the said North right of way line of Bethel Road a distance of 60 00 feet to a 5 8 inch
iron rod with plastic cap stamped Transystems Corporation set for the Southwest
corner of herein described Drainage Easement and the reconstructed Southwest corner of
said 86 acre tract
Page 2 of3
THENCE North 00013 09 East departing said common line and along the West line of
said 86 acre tract at 1 97 feet passing a inch iron pipe and in all a distance of 194 94
feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for an
angle point on the West line of herein described Drainage Easement and a reconstructed
comer of said d 86 acre tract and being in the East line of a tract of land known as Tract
II conveyed to Srena Melton Petitt by deed recorded in Volume 98069 Page 01628
D lt D C T
THENCE North 110 13 05 East along the common line of said 86 acre tract and said
Tract II 3 62 feet to a 5 8 inch iron rod with plastic cap stamped Transystems
Corporation set for the Northwest comer of herein described Drainage Easement and the
reconstructed Northwest comer of said 86 acre tract the most southerly Southwest comer
of said MICHAEL S CHASE AND GAACIELA P CHASE tract and being in the East
line of said Tract II
THENCE South 890 53 03 East departing said common line and along common said
North line of said 86 acre tract and the South line of said MICHAEL S CHASE AND
GAACIELA P CHASE tract a distance of 61 14 feet to the POINT OF BEGINNING
and containing 11 917 square feet or 0274 acre ofland
NOTE Plat to accompany legal description
SRENA MELTON PETITT
VOL 98069 PG 01628
TRKT I
D R D C T
f
SRENA MELTON PETITT
VOL 98069 PG 01628
TRKT II
D R D C T
BILLY J HARWELL
VOL 67004 PG 0562
RESIDUE OF
SECOND TRKT
D R D C T
1
BILLY J HARWELL
VOL 67004 PG 0562
FIRST TRACT
D R D C T
EXISTING R O W
JOHN VEST SURVEY A1508
MICHAEL S CHASE AND
GRKIELA P CHASE
HUSBAND AND WIFE
VOL 95243 PG 02071
D R D C T
S 89 53 03 E P o C
61 14
N 8953 03 W
82 80
P D B
CHADICK CAPITAL L P
DRAINAGE EASEMENT
0 274 KRE
11 917 SQUARE FEET
CHADICK CAPITAL L P
VOL 994 PG 08104
D R D C T
S 89 53 03 E
145 00
BEtRct ROAD
V ARIABLEWIDTH ROW
CITY OF COPPELL TEXAS
VOL 2003094 PG 00797
TRACT V
D R D C T
JAMES A SIMMONS SURVEY A1296
NOTE LetoI fMscr OII to accarrxmt at
NOTE BtJorlngs 80MJd 011 City of CoppeIl GxJt1Ilc Cortro NfIWork Stations I J 4 NAD 8J DoIum T State
Plane C1rdlnate System Nort OrIttro Zone w all distances and oaordlnates adjusted la surface uslJ a
sa1Ie factor of fD0I2
NOTE Tte SUf1If11OT tasrid abstracted subject property tterefore r of record ter recorded or
unrecorded may rid be SflDwn tereon
LEGEND
Set lrOll rod w astlc cop starfled
Transystems corporatlcd
o Morker frvnd as rded
RCC Reconstructed corner
A
CON 5 U L TAN T 5
DRAWN BY CHECKED BY SCALE
JAJ JHP f 50
P D B PriTtof BeglnriJ
P D C PriTt of CommencIJ
D R D C T Deed Records Dallas County Texas
P R D C T PlatRecords Dallas Caurty Texas
500 WEST SEVENTH ST SUITE 600
FORT WORTH TX 76102
87 339 8950
PAGE DATE JOB NUlABER
3 OF 3 JUNE 2004 20000890
CHADICK CAPITAL L P
VOL 994 PG 0811
D R D C T
rx
k
IC
b
V
CHADICK CAPITAL LP
VOL 994 PG 08133
D R D C T
RCC
APPROX SYRlEY UNE
EXISTING R O W
I
I
CHADICK CAPITAL L P
VOL 99114 PG 08117
D R D C T
Scale Feet
25 50 75o
DRAINAGE EASEMENT
CHADICK CAPI TAL L P
0 274 ACRE
Page 1 of3
EXHIBIT B 2
DRAINAGE EASEMENT
CHADICK CAPITAL LP
Being 0 220 acre tract of land more or less situated in County of Dallas State of Texas
and being out of the John Vest Survey Abstract No 1508 and being a portion of that
certain called 0 585 acre tract of land conveyed by GEORGE A CHADICK and WIFE
HALLIE R CHADICK to CHADICK CAPITAL LP by deed recorded in Volume
99114 Page 08140 ofthe Deed Records of Dallas County Texas D R T C T which
0 220 acre tract ofland more or less is more particularly described as follows
BEGINNING at a Y2 inch iron rod found for the most Northwest comer of said 0 585
acre tract and the Northeast comer of a tract ofland conveyed to MICHAEL S CHASE
AND GRACIELA P CHASE by deed recorded in Volume 95243 Page 02071
D RT C T said Yz inch iron being in a South line of a tract ofland conveyed to RL
Robertson L L C by deed recorded in Volume 98170 Page 05864
THENCE South 890 01 55 East along the common North line of said 0 585 acre tract
and the South line of said RL Robertson LLC tract a distance of 10 99 feet to a 5 8
inch iron rod with plastic cap stamped Transystems Corporation set for the most
northerly Northeast comer of herein described Drainage Easement from which a Yz inch
iron pipe found for the Northeast comer of said 0 585 acre tract the Southeast comer of
said R L Robertson L L c tract and in the West right of way line of Coppell Road a
called 60 foot right of way bears South 89001 55 East a distance of89 33 feet
THENCE South 16042 23 East departing said common line and across said 0 585 acre
tract a distance of 129 05 feet to a 5 8 inch iron rod with plastic cap stamped Transystems
Corporation set for comer on the East line of herein described Drainage Easement
THENCE South 720 10 22 East continuing across said 0585 acre tract a distance of
54 78 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set
for the most southerly Northeast comer of herein described Drainage Easement on the
common East line of said 0 585 acre tract and the said West right of way line of Coppell
Road
THENCE South 000 01 49 West along the common said East line of said 0 585 acre
tract and the said West right of way line of Coppell Road a distance of 63 02 feet to 5 8
inch iron rod with plastic cap stamped Transystems Corporation set for the Southeast
comer of herein described Drainage Easement on said common line from which the
reconstructed Southeast comer of said 0 585 acre tract bears South 000 01 49 West a
distance of 52 90 feet
Page 2 of3
THENCE North 720 10 22 West departing said common line and across said 0 585
acre tract a distance of 105 12 feet to a 5 8 inch iron rod with plastic cap stamped
Transystems Corporation set for the Southwest comer of herein described Drainage
Easement on the common West line of said 0 585 acre tract and the said East line of said
CHADICK CAPITAL LP tract from which a lIz inch iron rod found on said common
line bears South 000 02 33 East a distance of83 60 feet
THENCE North 000 02 33 West along said common line a distance of 171 39 feet to
the POINT OF BEGINNING and containing 9 586 square feet or 0220 acre of land
NOTE Plat to accompany legal description
V 0 D9 04
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VOL 98170 PG 05864
D R D C T
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JOHN VEST SURVEY A1508
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MICHAEL S CHASE AND
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HUSBAND AND WIFE
VOL 95243 PG 02071
D R D C T
S agor 55 E
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D R D C T
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VOL 994 PG 0811
D R D C T
NOTE L8tIoIdtJscr lon to accotrrJOfII plat
NOTE 8fIor1WS 80SfJd on CIIy of COfJIIIII GlJodtJIlc CorIrOl NtJIwort StatIons I J of NNJ BJ Datum Texas Stale
Plom Coordlrrate SySf8m Nart CtirlrOl ZOfItJ w 011 dIstances and coordInates odJUSItKI to surface usIng 0
6Ct1Ie foetor of 1 00012
NOTE Tie surYfItO tIOS rrat oJstroded fiUbJoct proptJrly tferefore of record IwhtJtfer recorced or
urrecorcedl IIIlly rrat lle slfMn fertlOfl
LEGEND
Set lron rod PIlI plastIc cop sto
Tronsysfems Corporatlorf
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RCC ReccnstructetJ corner
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Scale Feet
25 50
P D B Prittof 8tJgInting
P D C Prittof CtJmmtJncng
D R D C T Deed Records Dallas Coudy Texas
P R D C T Plat Records Dallas County Texas
DRAINAGE EASEMENT
T 7l3VIS
PCRAnC NA
CHADICK CAPI TAL L P
CON 5 U L TAN T 5
500 WEST SEVENTH ST SUITE 600
FORT WORTH TX 76102
87 339 8950 0 220 ACRES
DRAWN BY CHECKED BY SCALE PACE
JAJ JHP r 50 3 OF 3
DA TE JOB NlJIlBER
JUNE 2004 20000890
j
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0
75
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
May 13, 2008
14/D
✔
ORDINANCE
Consider approval of an Ordinance amending the Code of Ordinances by repealing Article 15-9, Property
Maintenance Code, in its entirety and by adding a new Article 15-14 to provide the adoption of the International
Property Maintenance Code, 2006 Edition, and the amendments thereto; and authorizing the Mayor to sign.
When this ordinance was originally passed, it was given the Code reference of 15-9 which was already taken by the
Thoroughfare Plan. This ordinance removes the Property Maintenance Code from Section 15-9 and places it at
Section 15-14.
Staff recommends approval.
%Article15-14
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY REPEALING
ARTICLE 15-9, PROPERTY MAINTENANCE CODE, IN ITS
ENTIRETY AND BY ADDING A NEW ARTICLE 15-14 TO
PROVIDE THE ADOPTION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE, 2006 EDITION, AND THE
AMENDMENTS THERETO; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE.
WHEREAS, by clerical error, the adoption of the International Property
Maintenance Code, 2006 Edition, was codified in Article 15-9 of the Code of
Ordinances; and
WHEREAS, Article 15-9 of the Code contained the adoption and provisions for
the Thoroughfare Plan, which was removed from the Code in error by the placement of
the Property Maintenance Code; and
WHEREAS, the City Council has determined that the Code should be amended
to correct the error described herein by removing Article 15-9, Property Maintenance
Code, and by adding Article 15-14 to provide for the adoption of the Property
Maintenance Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1. That Article 15-9, "Property Maintenance Code", of the Code of
Ordinances be, and the same is, hereby repealed in its entirety and reserved for future use,
which shall read as follows:
“ARTICLE 15-9. RESERVED FOR FUTURE USE”
SECTION 2. That Chapter 15 of the Code of Ordinances be and the same is
hereby amended by adding Article 15-14, Property Maintenance Code, which shall read
as follows:
Page 1
TM 27605.2.000
“ARTICLE 15-14. PROPERTY MAINTENANCE CODE
Sec. 15-14-1. Property Maintenance Code - Adopted.
There is hereby adopted the International Property Maintenance Code,
2006 Edition, and made a part hereof for all purposes, the same as if fully
copied in full herein, with the exception of such sections hereof, which are
hereafter deleted, modified or amended.
Sec. 15.14.2. Amendments.
The following sections of the International Property Maintenance
Code, 2006 Edition, are hereby amended to read as follows:
1. Amend Section 102.3, to read as follows:
102.3 Application of other codes. Remove references
to the International Zoning Code. Add reference to the
Coppell Neighborhood Integrity Code, Ordinance #94655.”
SECTION 3. That all provisions of the Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 5. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
Page 2
TM 27605.2.000
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2008
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 05/07/08)
Page 3
TM 27605.2.000
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
May 13, 2008
14/E
✔
ORDINANCE
Consider approval of an Ordinance amending the Code of Ordinances by readopting and recodifying Article 15-9
providing for the adoption of the Coppell Thoroughfare Plan; and authorizing the Mayor to sign.
Article 15-9, Thoroughfare Plan was erroneously removed from the code when the Property Maintenance Code was
passed and given the code section of 15-9. An ordinance has been submitted to relocate the Property Maintenance
Code to Article 15-14 and this ordinance will reinstate the Thoroughfare Plan to Article 15-9.
Staff recommends approval.
%Article15-9
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY READOPTING
AND RECODIFYING ARTICLE 15-9 PROVIDING FOR THE
ADOPTION OF THE COPPELL THOROUGHFARE PLAN;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE.
WHEREAS, by clerical error, Article 15-9, Coppell Thoroughfare Plan, of the
Code was removed and replaced with the adoption of the Property Maintenance Code,
which should have been codified as Article 15-14; and
WHEREAS, the City Council has determined that the Code should be amended
to correct the error described herein by readopting and recodifying Article 15-9, Coppell
Thoroughfare Plan.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1. That Article 15-9, "Coppell Thoroughfare Plan", of the Code of
Ordinances be, and the same is, hereby readopted and recodified, which shall read as
follows:
“ARTICLE 15-9. COPPELL THOROUGHFARE PLAN
Sec. 15-9-1. Coppell Thoroughfare Plan - Adopted.
That certain Ordinance 90489 and attachments thereto, a copy of
which is on file in the office of the city secretary, being marked and
designated as “Coppell Thoroughfare Plan,” is hereby designated as a
special code of the City of Coppell, Texas.
Sec. 15-9-2. Maintained as a separate code.
The Coppell Thoroughfare Plan Code of the City of Coppell adopted
by Ordinance 90489 shall, because of its size, be maintained in the office
of the city secretary as a separate “special code” apart from this General
Code.”
Page 1
TM 27606.2.000
SECTION 2. That all provisions of the Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 4. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2008.
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 05/07/08)
Page 2
TM 27606.2.000
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
PLANNING
May 13, 2008
14/F
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-209R-C, TownOaks Centre, zoning change from PD-209-C
(Planned Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised-Commercial) to allow an
increase in the allowable size of a proposed attached sign from 25.6 square feet to 51.9 square feet, for Tuesday
Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the
Mayor to sign.
On March 20, 2008, The Planning Commission recommended approval
of this zoning change (4-2). Commissioners Haas, Fox, Sangerhausen,
and Shipley voted in favor. Commissioners Shute and Kittrell opposed.
On April 8, 2008, Council unanimously approved this zoning change
(6-0).
Staff recommends APPROVAL.
@PD-209R-C, TOC ORD, 1-AR(con)
1 TM 26992.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE
CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-209-C (PLANNED
DEVELOPMENT-209-COMMERCIAL) TO PD-209R-C (PLANNED
DEVELOPMENT-209 REVISED-COMMERCIAL) TO ALLOW AN
INCREASE IN THE ALLOWABLE SIZE OF ONE ATTACHED SIGN
FROM 25.6 SQUARE FEET TO 51.9 SQUARE FEET, FOR TUESDAY
MORNING, ON PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF SANDY LAKE ROAD AND DENTON TAP ROAD AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”,
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FOR THE APPROVAL OF THE DETAIL SITE PLAN, AND DETAIL
OF ATTACHED SIGN HERETO AS EXHIBITS “B AND C”,
RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body
of the City of Coppell, Texas, in compliance with the laws of the State of Texas and
pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given
requisite notices by publication and otherwise, and after holding due hearings and
affording a full and fair hearing to all property owners generally, and to all persons
interested and situated in the affected area and in the vicinity thereof, the said governing
body is of the opinion that Zoning Application No. PD-209R-C should be approved, and in
the exercise of legislative discretion have concluded that the Comprehensive Zoning
Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same is hereby amended to grant a change in zoning from
2 TM 26992.2.000
PD-209-C (Planned Development-209-Commercial) to PD-209R-C (Planned
Development-209 Revised-Commercial) to allow an increase in the allowable size of
one attached sign from 25.6 square feet to 51.9 square feet, for Tuesday Morning, on
property located at the southeast corner of Sandy Lake Road and Denton Tap Road, and
being more particularly described in Exhibit “A”, attached hereto and made a part hereof
for all purposes.
SECTION 2. That the property shall be developed and used only in accordance
with the following development conditions as set forth herein below; and the property
depicted in Exhibit “A” shall be further developed in accordance with the Detail Site Plan
and attached Sign Plan, attached hereto as Exhibits “B” and “C”, respectively, subject to
the following special conditions:
A) Except as amended herein, the property shall be developed in
accordance with Planned Development Ordinance, Ordinance 91500-
A-405, which is incorporated herein as set forth in full and hereby
republished.
B) The sign shall be removed within thirty (30) days of this lease space
being vacated.
C) All future signage shall be in compliance with the regulations of the
Sign Ordinance except as amended herein.
SECTION 3. That the Detail Site Plan and Detail of the Attached Sign, attached
hereto as Exhibits “B” and “C”, respectively, and made a part hereof for all purposes, are
hereby approved.
3 TM 26992.2.000
SECTION 4. That the above property shall be used only in the manner and for
the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell,
as heretofore amended and as amended herein.
SECTION 5. 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 not in conflict with the provisions of this ordinance shall remain in full
force and effect.
SECTION 6. That 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 unconstitutional, illegal or invalid, and shall not
affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as
amended, in effect when the offense was committed and the former law is continued in
effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and
upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
4 TM 26992.2.000
SECTION 9. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, 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 ___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 4/22/084/21/08)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
PLANNING
May 13, 2008
14/G
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change from R (Retail)
to PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the
development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87
acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition and
authorizing the Mayor to sign.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (6-0). Commissioners
Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none
opposed.
On September 11, Council unanimously approved this zoning change
(6-0).
Staff recommends APPROVAL.
@PD-214R3-SF-9,AM II ORD,1-AR, (con)
1 TM 21418.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM R (RETAIL) TO PD-214R3-
SF-9 (PLANNED DEVELOPMENT-214 REVISION 3-SINGLE FAMILY-9,
WITH A DETAIL SITE PLAN, TO ALLOW THE DEVELOPMENT OF
TWO SINGLE-FAMILY HOMES, ONE COMMON AREA AND STREET
RIGHT-OF-WAY ON APPROXIMATELY 0.87 ACRES OF PROPERTY
LOCATED NORTH OF THE WHISPERING HILLS ADDITION AND
EAST OF THE GEORGIAN PLACE ADDITION, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF
THE DETAIL PLAN AND SIDE YARD FENCING DETAIL, ATTACHED
HERETO AS EXHIBITS “B” AND “C”; PROVIDING FOR DEVELOPMENT
REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally, and to all persons interested and situated in the affected area and in
the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-
214R3-SF-9 should be approved, and in the exercise of legislative discretion have concluded that
the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore
amended, be and the same is hereby amended by granting a change in zoning from R (Retail) to
PD-214R3-SF-9 (Planned Development-214 Revision 3-Single Family-9), with a Detail Plan,
2 TM 21418.2.000
to allow the development of two single-family homes, one common area, and right-of-way on
approximately 0.87 acres of property located North of the Whispering Hills Addition and east
of the Georgian Place Addition and being more particularly described in Exhibit “A” attached
hereto and made a part hereof for all purposes.
SECTION 2. That PD-214R3-SF-9 (Planned Development-214 Revision 3-Single
Family-9), is hereby approved subject to the following development regulations:
A. General regulations
1. All development regulations shall be in accordance with the regulations set
forth in the Code of Ordinances, Chapter 12, Coppell Zoning Ordinance, as
amended, for the SF-9 Zoning District, except as amended herein.
2. A homeowners association shall be established and shall be responsible for the
maintenance of all open space areas, as depicted in the attached Exhibits B and
C.
3. All dwellings shall be street access or front-entry, and no alleys shall be
required.
4. Park development fees of one thousand two hundred and eighty-five dollars
($1285) per residential unit, shall be required prior to the filing of the plat for
the residential development of this property.
B. Use Regulations - The permitted uses shall as follows:
1. The permitted uses shall be those uses permitted by the Coppell Zoning District
“SF-9” – Single-Family 9 described in the Code of Ordinances, Article 12,
Zoning, as amended.
3 TM 21418.2.000
C. Area Regulations : The following amended area regulations shall apply:
1. Minimum Front Yard - The minimum depth of the front yard shall be
twenty-five (25) feet.
2. Minimum Rear Yard - The minimum depth of the rear yard shall be
twenty (20) feet.
3. Minimum Side Yard - The minimum depth of the side yard shall be eight
(8) feet and the minimum side yard for corner lot shall be fifteen (15)
feet. In addition, each corner side yard shall be developed in conformity
and as depicted on the attached “Side Yard Fencing Plan and Detail,”
which is attached hereto as Exhibit C.
4. Maximum Lot Coverage - The maximum lot coverage shall not be
greater than forty (40) percent of the gross lot area for one-story
dwellings and thirty-five (35) percent of the gross lot area for two-story
dwellings.
5. Minimum Lot Width - The minimum lot width measured at the proposed
building line shall be seventy-five (75) feet.
6. Minimum Lot Depth - The minimum lot depth shall be one-hundred-ten
(110) feet.
7. Minimum Lot Area - The minimum lot area shall be eight-thousand-two-
hundred and fifty (8,250) square feet.
8. Maximum Building Height – The maximum building height shall be
thirty-five feet (35’) measured at the mid-point between the eves and the
dominate ridge of the hip or gabled roofs.
D. Landscape and Screening Regulations
1. Tree removal permit will be required prior to any start of construction.
2. The residential side yard fencing shall be a 6-foot board-on-board wooden fence
with a unified stain throughout, in accordance with the Code of Ordinances,
Chapter 9, Article 9-2, as amended.
4 TM 21418.2.000
3. Shade trees shall be planted in accordance with Exhibit “C”, - Side Yard Fencing
Plan and Detail.
SECTION 3. That the property shall be developed and used in accordance with the SF-9
(Single Family -9) development standards under the Coppell Zoning Ordinance, except as
amended in the development regulations as indicated on the Detail Site Plan and Side Yard
attached hereto as Exhibits “B” and “C”“; and such exhibits are made a part hereof for all
purposes, are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the
purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as
heretofore amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. 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 not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 7. That 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 unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
5 TM 21418.2.000
SECTION 8. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended,
in effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive
Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense;
and each and every day such violation shall continue shall be deemed to constitute a separate
offense.
SECTION 10. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, 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
LEGAL DESCRIPTION
BEING a tract of land located in the JAMES W. ANDERSON SURVEY, ABSTRACT
NO. 18, City of Coppell, Dallas County, Texas and being a part of a tract of land
described in Deed to General Telephone Company of the Southwest, recorded in Volume
82021, Page 1087, Deed Records, Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a 1 inch iron rod found in the East line of said General Telephone
Company tract recorded in Volume 82021, Page 1087 at the Northwest corner of a tract
of land described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064,
Page 4717 and the Southwest corner of a tract of land described in Deed to General
Telephone Company of the Southwest, recorded in Volume 71011, Page 1961, Deed
Records, Dallas County, Texas;
THENCE South 00 degrees 26 minutes 54 seconds East, a distance of 300.84 feet to a
point at the Southeast corner of said General Electric Telephone tract recorded in Volume
82021, Page 1087 and at the Northeast corner of Lot 9, Block C of WHISPERING
HILLS, an Addition to the City of Coppell, Dallas County, Texas according to the Plat
thereof recorded in Volume 80016, Page 1736, Map Records, Dallas County, Texas;
THENCE North 57 degrees 52 minutes 14 seconds West, a distance of 177.99 feet to a
point at the Southwest corner of said General Electric Telephone tract recorded in
Volume 82021, Page 1087 and at the most Southerly Northwest corner of Lot 8, Block C
of REPLAT OF LOTS 1-8, BLOCK C WHISPERING HILLS, an Addition to the City of
Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 99097,
Page 84, Map Records, Dallas County, Texas;
THENCE North 00 degrees 26 minutes 50 seconds West, along the common line of said
General Electric Telephone tract recorded in Volume 82021, Page 1087 and the West line
of GEORGIAN PLACE, an Addition to the City of Coppell, Dallas County, Texas
according to the Plat thereof recorded in Volume 99119, Page 1, Map Records, Dallas
County, Texas, a distance of 204.90 feet to a point for corner;
THENCE North 89 degrees 30 minutes 47 seconds East, leaving said common line, a
distance of 149.98 feet to the POINT OF BEGINNING and containing 37,926 square
feet or 0.871 acres of land, more or less.
EXHIBIT “A”
X:\Projects LDD\05088\dwg\05088-02ZONINNG.dwg, DETAIL SITE PLAN, 8/7/2007 10:52:40 AM, rrogers, Dowdey, Anderson & Associates, Inc., RRREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.
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
PLANNING
May 13, 2008
14/H
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change
from PD-222-LI (Planned Development-222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-Light
Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number
requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately
1,200 feet west of S. Belt Line Road and authorizing the Mayor to sign.
On March 20, 2008, The Planning Commission unanimously
recommended approval of this zoning change (6-0). Commissioners
Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor.
None opposed.
On April 8, 2008, Council unanimously approved this zoning change
(6-0).
Staff recommends APPROVAL.
@PD-222R2-LI,DLAORDL2BA,1-AR(con)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-222-LI (PLANNED
DEVELOPMENT-222-LIGHT INDUSTRIAL) TO PD-222R2-LI
(PLANNED DEVELOPMENT-222 REVISION 2-LIGHT INDUSTRIAL)
TO AMEND THE PD CONDITIONS TO ALLOW FOR ATTACHED
BUILDING SIGNAGE WHICH EXCEEDS THE SIZE AND NUMBER
REQUIREMENTS OF THE ZONING ORDINANCE FOR HEMISPHERES,
LOCATED ALONG THE NORTH SIDE OF DIVIDEND DRIVE,
APPROXIMATELY 1,200 FEET WEST OF S. BELT LINE ROAD, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”,
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE
PLAN/LOCATION MAP, PARTIAL SOUTH ELEVATION, PARTIAL
WEST ELEVATION AND DIRECTIONAL SIGN ATTACHED HERETO
AS EXHIBITS “B, C, D and E”, RESPECTIVELY; PROVIDING FOR
DEVELOPMENT REGULATIONS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-222R2-
LI should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
TM 26994.2.000
and the same is hereby amended by granting a change in zoning from PD-222-LI (Planned
Development-222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-
Light Industrial) to amend the PD conditions to allow for attached building signage which
exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located
along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road, and
being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all
purposes.
SECTION 2. This Planned Development shall be developed and used only in accordance
with the Site Plan/Location Map, Partial South Elevation, Partial West Elevation and Directional
Sign and the development standards as follows:
(A) Except as amended herein and as provided in this Ordinance, the property shall be
developed in accordance with Ordinance 91500-A-462, which is incorporated
herein as set forth in full and hereby republished.
(B) That a lettered sign shall be permitted on the west side elevation with channel
letters stating “Hemispheres Customer Pick-up.”
(C) “Customer Pick-up” and “Distribution” signs to be located internal to the building
over the appropriate entrance doors shall be permitted.
(D) That signage permitted herein shall otherwise be in conformance with local
ordinances except as amended herein.
SECTION 3. The property shall be developed and used in accordance with the LI (Light
Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as
amended in the development regulation hereinbefore set forth and as provided on the Site
Plan/Location Map, Partial South Elevation, Partial West Elevation and Directional Sign attached
TM 26994.2.000
hereto as Exhibits “B, C, D and E”, respectively, and which are made a part hereof for all purposes,
which are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. 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 not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That 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 unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
TM 26994.2.000
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, 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
___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised)
(As Shown)
N/A
SITE PLAN
N.T.S.
“DISTRIBUTION”
“HEMISPHERES CUSTOMER PICKUP”
DIRECTIONAL
“HEMISPHERES”Pg. 2 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(As Shown)
PARTIAL SOUTH ELEVATION (LEFT END)
SCALE: 3/32”= 1'-0"45’-0”NOTE:
MUST SECURE MODIFICATION
OF PLANNED DEVELOPMENT
700’-0” STOREFRONT
CHANNEL LETTERS
SCALE: 3/32”= 1'-0"
35’-3”8’-0”56”4’-0”
32 + 146.2 = 178.2
31’-4”
8’-0” x 4’-0” = 32
4’-8” x 31’-4” = 146.2
SEE DETAILS ON PG. 6 Pg. 3 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(As Shown)45’-0”PARTIAL WEST ELEVATION (RIGHT END)
SCALE: 3/32”= 1'-0"
520’-6” STOREFRONT
8’-0” x 35’-3” = 2824”WINDOW VINYL
SCALE: ¾”= 1'-0"
58”
INSTALL INSIDE BEHIND GLASS
CHANNEL LETTERS
SCALE: 3/32”= 1'-0"
35’-3”8’-0”56”28’-1 ½”21”SEE DETAILS ON PG. 6 Pg. 4 of 8CUSTOMER ENTRANCE
1006”OPAQUE WHITE VINYL
APPLIED 2ND SURFACE
ON TRANSOM
Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
(As Shown)
PARTIAL WEST ELEVATION (LEFT END)
SCALE: 3/32”= 1'-0"45’-0”1’-2” x 8’-0” = 9.3 SQ. FT.
520’-6” STOREFRONT
Pg. 5 of 84”WINDOW VINYL
SCALE: ¾”= 1'-0"
35 ½”
DISTRIBUTION
1006”OPAQUE WHITE VINYL
APPLIED 2ND SURFACE
ON TRANSOM
Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(As Shown)
See Elevation Pgs.
5” .063 ALUM. RETURNS PREFINISHED WHITE
5” .063 ALUM. RETURNS PREFINISHED WHITE
1/8” #2114 BLUE ACRYLIC FACE
1/8” #7328 WHITE ACRYLIC FACE
2” BLACK JEWELITE TRIM
1” BLACK JEWELITE TRIM
NON-CORROSIVE MOUNTING SCREW IN ANCHOR
NON-CORROSIVE MOUNTING SCREW IN ANCHOR
WEEP HOLES FOR DRAINAGE
WEEP HOLES FOR DRAINAGE
#3630-137 EUROPEAN BLUE VINYL OUTLINE APPLIED FIRST SURFACE
BLUE LED LIGHTING (5/FT.)
WHITE LED LIGHTING
.063 ALUMINUM BACK
.063 ALUMINUM BACK
A
A
C
C
E
E
G
G
I
I
J
H
H
F
F
D
D
B
B
“HEMISPHERES” LETTERLOK CHANNEL LETTERS
“CUSTOMER PICK UP” LETTERLOK CHANNEL LETTERS
LED POWER SUPPLY
LED POWER SUPPLY
PRIMARY WIRING
PRIMARY WIRING
WALL
SECTION - “HEMISPHERES”
N.T.S.
A
C
D
E
F
G
H
B
I
WALL
SECTION - “CUSTOMER PICK UP”
N.T.S.
A
C
D
E
F
G
H
B
I
J
Pg. 6 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
(As Shown)
1’-6” x 2’-0” = 3
DOUBLE-FACE DIRECTIONAL SIGN - (1) REQUIRED
SCALE : 1 ½”= 1'-0"3”24”18”2” SQ. TUBE ALUMINUM FRAME PTD. PMS 281 DK. BLUE
.063 ALUMINUM FACES PTD. PMS 281 DK. BLUE w/#02 REFLECTIVE WHITE VINYL COPY
(ATTACH TO SQ. TUBE FRAME w/LORDS ADHESIVE)
A
B
DOUBLE-FACE DIRECTIONAL SIGN
CUSTOMER
PICK UP3”4 ¾”Pg. 7 of 8Hemispheres
Point West VII
Coppell, TX
Debbie Stellar
G. Owens N/A
0706-009r13
Paula Saffle
2370 3-28-08
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
PLANNING
May 13, 2008
15
✔
PUBLIC HEARING
Consider approval of Case No. PD-200R2-SF-12, Petterson Addition, zoning change request from PD-200R-SF-12
(Planned Development-200 Revised -Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2-Single
Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access
requirement that states garage access must only be accessed off of the alley; revised landscape plan and
construction of four single-family homes on 2.27 acres of property, located along the north side of Sandy Lake Road,
approximately 130 feet west of Summer Place Drive.
The following P&Z condition remains outstanding:
1. A Tree Removal permit is required prior to start of construction.
On April 17, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-stated condition. Commissioners Frnka, Shute, Haas, Fox,
Sangerhausen, Shipley and Kittrell voted in favor, none opposed.
Staff recommends APPROVAL.
@01 PD-200R2-SF-12, PA, 1-AR
ITEM # 4
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-200R2-SF-12, Petterson Addition
P&Z HEARING DATE: April 17, 2008
C.C. HEARING DATE: May 13, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: The north side of Sandy Lake Road, approximately 130 feet
west of Summer Place Drive
SIZE OF AREA: 2.27 acres of property
CURRENT ZONING: PD-200R-SF-12 (Planned Development-200 Revised-Single
Family-12)
REQUEST: A zoning change request to PD-200R2-SF-12 (Planned
Development-200 Revision 2-Single Family-12), to allow:
realignment of the mutual access/fire lane easement; an
exception to the garage access requirement that states
garage access must only be accessed off of the alley; and
construction of four single-family homes.
APPLICANT: Owner: Engineer:
Nancy J Petterson Kellie Engineering
440 Leisure Lane Ed Kellie, P.E.
Coppell, TX. 75019 200 Rufe Snow Dr., N.
(214) 288-2295 Suite 120
Fax: (972) 853-9060 Keller, TX. 76248
(817) 379-1225
Fax: (817) 379-1244
ITEM # 4
Page 2 of 4
HISTORY: In September of 2006, City Council changed the zoning on
this property from Duplex (2F-9) to Planned Development
District Revised 200-SF-12, to allow the construction of four
free-standing residential structures on this tract.
TRANSPORTATION: Sandy Lake Road is currently a substandard, two-lane,
asphalt road. It is scheduled to be a four-lane, divided
concrete street, contained within a right-of-way of 100 feet
and is currently under design with construction to begin next
year.
SURROUNDING LAND USE & ZONING:
North- Summer Place housing (single-family homes on
approximately 4,000 square foot lots); PD-148
South- Single family homes; SF-7 (Single-Family -7)
East- Summer Place housing (single-family homes on
approximately 4,000 square foot lots); PD-148
West- Estate single family housing; SF-12 (Single fam.-12)
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows this
property as suitable for low-density residential development.
DISCUSSION: This is a straight forward case basically making minor
modifications to the already approved four lot single-family
subdivision. A request to eliminate the alley access condition
on the approved PD, the addition of a continuous masonry
screening fence along that alley, minor changes to the
location of the fire lane/access easements, and a newly
designed entrance screening wall and landscaping are
requested.
When this case was initially heard in 2006, there was some
concern on the part of neighbors in Summer Place regarding
the alley access. Although the community was divided, the
general feeling expressed during the public hearing was that
no alley access was preferred by the neighborhood. This
request addresses that concern by eliminating that access
and proposing a six foot masonry screening fence. If
granted, no alley access should mollify any lingering
concerns of Summer Place residents.
ITEM # 4
Page 3 of 4
By modifying the location of the access/fire lane easement,
more land is gained for landscaping on the western property
line and, aesthetically, is more appealing. That relocation
coupled with redesign of the three required parking spaces
for each lot (in addition to two car garages) in front of each
structure continues to adequately address the parking issue.
Minor changes to entry wall design and modification to the
landscaping plan play out the request.
The owner of the property prefers to show lot lines that extend
from the east property line to the west side for purposes of
advertising large lots. We do not object to that provided an
H.O.A. is responsible for maintenance of the open area west
of the fire lane/access easement and the easement itself.
The applicant has agreed to that condition.
Based upon the minor modifications requested, and the fact
that the density and use remain unchanged, we can support
this proposal.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request with the
following conditions:
1) A Tree Removal permit is required prior to start of
construction.
2) Add note on Site Plan: “Existing Conditions Modified by
Underlining, Cross-Outs, or Added”
3) Eliminate “by the county” in condition 2.
4) Change “by” to “on” in first line of condition 4.
5) Add “R” to Lot 1X in condition 5.
6) Remove prior Lemming Landscaping Plan from Sheet PL-
01; correct spelling of “Approved”.
7) Remove Sheets IR-01 and IR-02 from submittal.
8) Remove “Private Drive” from Sheet TR-02 and replace
with “24 foot Fire Lane and Access Easement”.
ALTERNATIVES:
1) Recommend approval of the request
2) 2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date
ITEM # 4
Page 4 of 4
ATTACHMENTS:
1) Site Plan
2) Planting, Tree, and Construction Plans (5 Sheets)
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
PLANNING
May 13, 2008
16
✔
PRESENTATION
Consider approval the Petterson Addition, Lots 1R-4R, & 1XR, Block A, Replat, to establish four single-family residential
lots, one common area, easements, and a fire lane on 2.27 acres of property, located along the north side of Sandy
Lake Road, approximately 130 feet west of Summer Place Drive.
There are no outstanding P&Z conditions.
On April 17, 2008, the Planning Commission unanimously
recommended approval of this replat (7-0). Commissioners Frnka,
Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor,
none opposed.
Staff recommends APPROVAL.
@02 PA, Lts 1R-4R & 1XR, BA, RP, 1-AR
ITEM # 5
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Petterson Addition, Lots 1R-4R & 1XR, Block A
Replat
P&Z HEARING DATE: April 17, 2008
C.C. HEARING DATE: May 13, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: The north side of Sandy Lake Road, approximately 130
feet west of Summer Place Drive
SIZE OF AREA: 2.27 acres of property
CURRENT ZONING: PD-200R-SF-12 (Planned Development-200 Revised-
Single Family-12)
REQUEST: A replat to establish four single-family residential lots,
one common area, easements, and a fire lane.
APPLICANT: Engineer: Kellie Engineering, Inc.
Edward Kellie, P.E.
200 Rufe Snow Drive, North
Suite 120
Keller, TX. 76248
(817) 379-1225
Fax: (817) 379-1244
HISTORY: In September of 2006, City Council changed the zoning
on this property from Duplex (2F-9) to Planned
Development District Revised 200-SF-12, to allow the
construction of four free-standing residential structures
on this tract.
TRANSPORTATION: Sandy Lake Road is currently a substandard, two-lane,
asphalt road. It is scheduled to be a four-lane, divided
ITEM # 5
Page 2 of 2
concrete street, contained within a 100 foot right-of-way,
and is currently under design with construction to begin
next year.
SURROUNDING LAND USE & ZONING:
North- Summer Place housing (single family homes on
approximately 4,000 square foot lots); PD-148
South- Single family homes; SF-7 (Single Family-7)
East – Summer Place housing (single family homes on
approximately 4,000 square foot lots); PD-148
West- Estate single family housing; SF-12 (Single fam.-12)
COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this
property as suitable for low-density residential
development.
DISCUSSION: This replat is necessary to reflect changes made in an
amendment to the Planned Development zoning
currently on this property. In essence, the replat
relocates a 24 foot fire lane/access easement PD
revision that runs along four single-family lots.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this replat, as it
conforms to the amended Planned Development
zoning request on this property heard as an earlier
case. Conditions of approval:
1) Under “NOTES”, add “R” to “Lot 1X” in note 6.
2) Correct signature block for Verizon, (eliminate
Telephone), change TXU to Oncor, add AT&T
Broadband
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Replat Document
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
Parks and Recreation
May 13, 2008
17
✔
RESOLUTION
Consider approval of a resolution authorizing the filing of a project funding application with the North Central Texas
Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign.
Background: NCTCOG is seeking applications for local government solid waste management project funding. The
goal of this reimbursement program is to return to local government entities dedicated solid waste fees for the
achievement of state, regional and local solid waste management objectives. This is the same type of fund that were
received FY 06-07 for the city of Coppell Recycling at the Ball fields and the Recycling Trailer for promotion at events.
If awarded, the project funds will be used for the marketing of residential recycling to increase participation at the
curb side. The Parks and Recreation Community Programs Supervisor will administer the project.
No City funding is required.
^COG Funds- 1AR
Page 1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
RESOLUTION OF CITY OF COPPELL AUTHORIZING THE
FILING OF A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENT (NCTCOG)
FOR A REGIONAL SOLID WASTE PROGRAM LOCAL
PROJECT; AUTHORIZING CITY MANAGER OR HIS
DESIGNEE TO ACT ON BEHALF OF THE CITY OF COPPELL
IN ALL MATTERS RELATED TO THE APPLICATION; AND
PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF
COPPELL WILL COMPLY WITH THE PROJECT
REQUIREMENTS OF THE NCTCOG, THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY AND THE
STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the North Central Texas Council of Governments is directed by the Texas
Commission on Environmental Quality to administer solid waste project funds for
implementation the COG’s adopted regional solid waste management plan; and
WHEREAS, the city of Coppell in the State of Texas is qualified to apply for project funds
under the Request for Projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL, OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to request project
funding under the North Central Texas Council of Governments’ Request for Projects of the
Regional Solid Waste Local Project Funding Program and act on behalf of the city of Coppell in
all matters related to the project application and any subsequent project contract and project
requirements that may result.
SECTION 2. In the event the project is funded and such funds are received, the city of
Coppell will comply with the project requirements of the North Central Texas Council of
Governments, Texas Commission on Environmental Quality and the State of Texas.
Page 2
45271 (Revised)
SECTION 3. Any and all funds, equipment and/or facilities acquired with such funds
shall be used only for the purposes for which they are intended under the project.
SECTION 4. That all activities will comply with and support the adopted regional and
local solid waste management plans adopted for the geographical area in which the activities are
performed.
SECTION 5. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution
as a whole, or any part or provision thereof other than the part so decided to be unconstitutional,
illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 6. That this Resolution 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
___________________, 2008.
APPROVED:
_________________________________________
DOUGLAS N. STOVER
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 5/5/08)
AGENDA REQUEST FORM DATE: May 13, 2008
ITEM #: 18
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors Meeting.
B. Report by Mayor Stover regarding the Education Foundation Recognition Dinner..
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: May 13, 2008
ITEM #: 19
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: May 13, 2008
ITEM #: 20
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: April 22, 2008
Department Submissions:
Item No. 12 was placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Fire Department
Item No. 17 was placed on the Agenda for the above-referenced City
Council meeting by the Parks Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Parks Department
Item Nos. 14/B and 14/C were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item Nos. 14/F, 14/G, 14/H, 15 and 16 were placed on the Agenda for
the above-referenced City Council meeting by the Planning Department. I
have reviewed the Agenda Requests (and any backup if applicable) and
hereby submit these items to the City Council for consideration.
____________________
Planning Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting he same to the and hereby submit t
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)