CP 2008-06-24
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JUNE 24, 2008
DOUG STOVER, MARVIN FRANKLIN, Place 6
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, 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, June 24, 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.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Purchase of Real Property West of Denton Tap and 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.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Lighted Holiday Parade – December 6.
B. Discussion regarding Board/Commission Interviews.
C. Discussion regarding Council Committee Appointments.
D. Discussion regarding Coppell 2030 Presentation Dates.
E. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
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ITEM # ITEM DESCRIPTION
6. Pledge of Allegiance.
7. Annual State of the Court address presented by the Honorable Marian
Moseley.
8. Citizens' Appearances.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 10, 2008.
B. Consider approval of Change Order Number Two to Meridian
Commercial LP to the construction contract for the Grapevine
Springs Community Center, in the amount of $51,870.00, for the
addition of the Grapevine Springs Park Parking Lot, and authorizing
the City Manager to sign.
C. Consider approval of an ordinance of the City of Coppell, Texas,
amending Section 9-1-11 of the Coppell Code of Ordinances by
increasing the number of days an animal shall be held from three
(3) days to five (5) days before adoption; and authorizing the Mayor
to sign.
D. Consider approval of an Ordinance of the City of Coppell, Texas,
amending the Code of Ordinances to add Article 6-17, Horse-
Drawn Carriages; establishing a permit requirement and regulations
for horse-drawn carriages; providing for an application for permit;
providing for compliance with the permit; providing for
amendments to the permit; providing for revocation of operating
authority; providing for non-transferability; providing for the
establishment of fees by resolution; and authorizing the Mayor to
sign.
E. Consider approval of a ground lease on City-owned, unimproved
property behind 196 Southwestern Boulevard for temporary location
of training equipment for AMCAT, INC. a local property appraisal
training company; authorizing the Mayor to sign.
END OF CONSENT
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ITEM # ITEM DESCRIPTION
10. PUBLIC HEARING:
Consider approval of Case No. PD-221R5-HC, Duke Lesley Addition, zoning
change request from PD-221-R3-HC (Planned Development-221 Revision
3-Highway Commercial) to PD-221R5-HC (Planned Development-221
Revision 5- Highway Commercial) to attach a detail site plan to allow a
5,000-square-foot convenience store with ten gas pumps located along
the west side of S. Belt Line Road, approximately 636 feet north of IH 635.
11. Consider approval of an ordinance of the city of Coppell, Texas,
amending Article 9-11, "Parks and Recreation Code", by adding section
9-11-12, providing for the use of roller skates, roller blades, skateboards,
coasters, scooters and other similar devices on city owned property; and
prohibiting the use of roller skates, roller blades skateboards, coasters,
scooters and other similar devices on certain city facilities; and authorizing
the Mayor to sign.
12. Consider appointments to Council Committees.
13. City Manager's Report.
A. Goals and Objectives – FY-08.
14. Mayor and Council Reports.
A. Report by Mayor Stover regarding the July 3 Spirit of Coppell
Celebration and Fireworks at 7:00 p.m. at Andy Brown East.
B. Report by Mayor Stover regarding the July 4 Independence Day
Parade at 10:00 a.m. beginning at Samuel and Parkway.
15. 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 – Councilmember Hinojosa-
Flores and Mayor Pro Tem Franklin.
F. International Council for Local Environmental Initiatives (ICLEI) –
Councilmember Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
K. North Texas Council of Governments – Councilmember Brancheau.
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ITEM # ITEM DESCRIPTION
L. NTCOG/Regional Emergency Management – Mayor Pro Tem
Franklin.
M. North Texas Commission – Vacant.
N. Senior Adult Services – Councilmember Faught.
16. Necessary action resulting from Work Session.
17. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 20th day of June, 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: June 24, 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.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Purchase of Real Property West of Denton Tap and 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.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: June 24, 2008
ITEM #: WS-3
WORK SESSION
A. Discussion regarding Lighted Holiday Parade – December 6.
B. Discussion regarding Board/Commission Interviews.
C. Discussion regarding Council Committee Appointments.
D. Discussion regarding Coppell 2030 Presentation Dates.
E. 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:
Municipal Court
June 24, 2008
7
✔
PRESENTATION
Annual State of the Court Address presented by the Honorable Marian Moseley.
The Presiding Judge will update the Council of the current Municipal Court operating status.
&State of the Court-1AR
AGENDA REQUEST FORM
DATE: June 24, 2008
ITEM #: 8
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting
City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must
sign a register and list their residence address, provided by the City Secretary on a table outside the Council
Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or
special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals
during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be
extended for an additional two (2) minutes with the approval of a majority of the Council members present.
There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting.
Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they
have signed the provided register. No personal attacks by any speaker shall be made against any member of the
Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
June 24, 2008
9/A
✔
PROCEDURAL
Consider approval of minutes: June 10, 2008.
Minutes of the City Council meetings held on June 10, 2008.
Staff recommends approval.
%minutes
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MINUTES OF JUNE 10, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, June 10, 2008 at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Mayor Stover and Councilmember Hunt were absent. Also present were
City Manager Jim Witt, City Secretary Libby Ball and City Attorney
Robert Hager.
1. Call to order.
Mayor Pro Tem Franklin called the meeting to order, determined that a
quorum was present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. The City of Coppell and Coppell Independent
School District opposition to a change of
zoning request of the Billingsley Corporation in
the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court
at Law No. 3; and CB Parkway Business Center,
et al vs. City of Coppell, et al; and City of
Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs.
City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
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1. Purchase of Real Property North of Sandy Lake
and West of Denton Tap.
2. Purchase of Real Property West of Denton Tap
and 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 Pro Tem Franklin convened into Executive Session at 5:44
p.m. as allowed under the above-stated article. Mayor Pro Tem
Franklin adjourned the Executive Session at 6:30 p.m. and opened
the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Review of proposed logo identity for Rolling Oaks
Memorial Center.
B. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Dale Patterson from Hackberry Creek Church led those
present in the Invocation.
6. Pledge of Allegiance.
Mayor Pro Tem Franklin led those present in the Pledge of
Allegiance.
7. Citizens' Appearances.
There was no one signed up to speak under this item.
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CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 22, 2008 & May
27, 2008.
B. Consider approval of an ordinance of the City of
Coppell, Texas, amending the Code of Ordinances by
amending Article 15-9, Coppell Thoroughfare Plan,
by deleting the proposed C4D extension of Parkway
Boulevard between Coppell Road and SH121, the
proposed C2U extension north of proposed Freeport
Parkway and parallel to SH 121, and the extension
of Royal Lane from Sandy Lake Road to SH 121, as
depicted on Exhibit "A" which is attached hereto and
incorporated herein; providing a repealing clause;
providing a severability clause; providing a savings
clause; providing an effective date; and authorizing
the Mayor to sign.
C. Consider approval of an Ordinance for Case No. PD-
200R2-SF-12, Petterson Addition, zoning change
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
and authoring the Mayor to sign.
D. Consider approval of an Ordinance for Case No. PD-
215R-LI, Victron Energy, a zoning change from PD-
215-LI (Planned Development-215-Light Industrial)
to PD-215R-LI (Planned Development-215 Revised-
Light Industrial) as revised, to allow red and yellow
internally illuminated signage on the gas pump
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canopy and internally illuminated signage on two
sides of an eight-foot tower extension on 1.68 acres
of property, located south of I.H. 635, east of Royal
Lane and authorizing the Mayor to sign.
Action:
Councilmember Peters moved to approve Consent Agenda
Items A; B carrying Ordinance No. 2008-1197; C carrying
Ordinance No. 91500-A-500; and D carrying Ordinance No.
91500-A-501. Councilmember Brancheau seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Franklin
and Councilmembers Brancheau, Peters, Hinojosa-Flores,
Tunnell and Faught voting in favor of the motion.
At this time, Item 10 was considered. Please see Item 10 for
the minutes.
9. PUBLIC HEARING:
Consider approval of Case No. S-1246-TC, DeVine Cellars,
zoning change request from TC (Town Center) to S-1246-
TC (Special Use Permit-1246-Town Center), to allow the
operation of a 2,100-square-foot retail/convenience store
and restaurant located in the Town Center Addition, Lot
3, Block 1, 230 Denton Tap Road, Suite 104.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a
presentation to the Council.
Jean Dahl, applicant, addressed the Council.
Public Hearing:
Mayor Pro Tem Franklin opened the Public Hearing and advised
that no one had signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and
approve Case No. S-1246-TC, DeVine Cellars, zoning change
request from TC (Town Center) to S-1246-TC (Special Use Permit-
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1246-Town Center), to allow the operation of a 2,100-square-foot
retail/convenience store and restaurant located in the Town Center
Addition, Lot 3, Block 1, 230 Denton Tap Road, Suite 104, subject
to the following conditions:
1) Submission of the proposed elevation and signage of the
rear door encourage the use by the patrons;
2) Special Exception of eight (8) parking spaces being
granted by the Board of Adjustment; and
3) Ensure compliance with all TABC rules and regulations.
Councilmember Brancheau seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell and Faught voting in
favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD-221R5-HC, Duke Lesley
Addition, zoning change request from PD-221-R3-HC
(Planned Development-221 Revision 3-Highway
Commercial) to PD-221R5-HC (Planned Development-221
Revision 5- Highway Commercial) to attach a detail site
plan to allow a 5,000-square-foot convenience store with
ten gas pumps located along the west side of S. Belt Line
Road, approximately 636 feet north of IH 635.
Public Hearing:
Mayor Pro Tem Franklin opened the Public Hearing and advised
that no one had signed up to speak on this proposal.
Action:
Councilmember Peters moved to continue the Public Hearing to
June 24. Councilmember Faught seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell and Faught voting in
favor of the motion.
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11. PUBLIC HEARING:
Consider approval of an application by Chesapeake
Energy to allow drilling and production from seven
additional horizontal wells on property located north of
Bethel Road, west of the proposed extension of Creekview
Drive, on the Fellowship Church Property.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a
presentation to the Council.
Lisa Powers, representing the applicant, addressed the Council.
Tom Bettis, representing the applicant, addressed questions from
the Council.
Public Hearing:
Mayor Pro Tem Franklin opened the Public Hearing and advised
that no one had signed up to speak on this proposal.
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve the application by Chesapeake Energy to allow drilling and
production from seven additional horizontal wells on property
located north of Bethel Road, west of the proposed extension of
Creekview Drive, on the Fellowship Church Property, subject to the
following conditions:
1) The eight (8) foot black vinyl coated chain link fence be in
place prior to the commencement of drilling activities on this
site. The required 33 Red Cedar trees shall be planted
within Wagon Wheel Park. In the event that Fellowship
Church desires to remove (clear cut) trees from this property,
then the Tree Removal Permit would be conditioned upon
the planting of a minimum of 33 replacement trees adjacent
to this pad site as originally required;
2) Issuance of separate permits by the city of Coppell prior to
the drilling activities of additional wells on this site; and
3) The transportation route be reevaluated prior to the issuance
of permits for any new well.
cm061008
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Councilmember Faught seconded the motion; the motion carried
4-2 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Hinojosa-Flores and Faught voting in favor of the
motion, and Councilmembers Peters and Tunnell voting against
the motion.
12. Consider approval of awarding Bid #RFP 0091 -
Ambulance Debt Collections and Paramedic Software to
Alexander Billing & Consulting Inc. in the amount of
$84,780 for a three-year period; and authorizing the City
Manager to sign.
Presentation:
Kevin Richardson, Fire Chief, made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve the award of Bid #RFP
0091 - Ambulance Debt Collections and Paramedic Software to
Alexander Billing & Consulting Inc. in the amount of $84,780 for a
three-year period; and authorizing the City Manager to sign.
Councilmember Hinojosa-Flores seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell and Faught voting in
favor of the motion.
13. Consider approval of awarding Bid No. Q-0508-01 to
Sports Field Solutions, LLC., in the amount of
$391,741.20, for field surface development at Wagon
Wheel Park; and authorizing the City Manager and CRDC
President to sign.
Presentation:
Guy McLain, Assistant Director of Parks and Recreation, made a
presentation to the Council.
cm061008
Page 8 of 9
Action:
Councilmember Faught moved to approve the award of Bid No.
Q-0508-01 to Sports Field Solutions, LLC., in the amount of
$391,741.20, for field surface development at Wagon Wheel Park;
and authorizing the City Manager and CRDC President to sign.
Councilmember Peters seconded the motion; the motion carried
6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell and Faught voting in
favor of the motion.
14. Consider approval of an Agreement to rent a parcel of
property from the Wilson family at the Southeast Corner
of Coppell and Bethel Roads for the relocation of the
Kirkland House; and authorizing the City Manager to
sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to approve an Agreement to rent a
parcel of property from the Wilson family at the Southeast Corner
of Coppell and Bethel Roads for the relocation of the Kirkland
House; and authorizing the City Manager to sign. Councilmember
Tunnell seconded the motion; the motion carried 6-0 with Mayor
Pro Tem Franklin and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell and Faught voting in favor of the motion.
15. Consider approval of an Agreement of Cooperation in
support for the efforts of Dallas County, Texas, to qualify
for the Urban CDBG Program, and authorizing the Mayor
to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
cm061008
Page 9 of 9
Action:
Councilmember Tunnell moved to approve an Agreement of
Cooperation in support for the efforts of Dallas County, Texas, to
qualify for the Urban CDBG Program, and authorizing the Mayor to
sign. Councilmember Brancheau seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell and Faught voting in
favor of the motion.
16. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex
Mayors’ Meeting.
Jim Witt, City Manager, spoke regarding the Metroplex Manager’s
Meeting. Senator Florence Shapiro was the guest speaker and
spoke on topics of transportation, water and education.
17. Necessary action resulting from Work Session.
There was no action necessary under this item.
18. 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:
Parks and Recreation
June 24, 2008
9/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of Change Order Number Two to Meridian Commercial LP., to the construction contract for the
Grapevine Springs Community Center, in the amount of $51,870.00, for the addition of the Grapevine Springs Park
Parking Lot, and authorizing the City Manager to sign
The award of the project for construction of the Grapevine Springs Community Center did not include the additional
parking lot, which will serve the Grapevine Springs Park user. Both the architect and the contractor left this portion of
the project out of the award. This Change Order will authorize the contractor to install a thirteen space concrete
parking lot located east of the facility parking area, and the connecting sidewalk. While this parking will primarily
serve the Grapevine Springs Park visitors, it will also be used as an overflow parking for the Community Center during
high attendance periods.
Funds are available in the Park CIP accounts for this change order.
Staff recommends approval
^Community Center C.O. #2
pro.forma architecture, inc.
17000 N. Dallas Parkway
Suite 115
Dallas, Texas 75248
Jeff D. Bulla III, AIA Voice 972.713.7100
President Fax 972.713.7070
PROPOSAL REQUEST NO. 01 - Revised
To:
(General Contractor)
Meridian Commercial, LP
Attention: Bill Thornton
Email Address: wthornton@meridcom.com
No. of Pages: 2 (Please contact us if you do not receive all pages transmitted.)
Project:
(name, address)
Senior Recreation/Community Center
City of Coppell
Issue Date: May 28, 2008
Owner: City of Coppell
Architect: Pro Forma
Architecture, Inc.
Contract For:
Contract Dated:
General Construction
April 30, 2008
Architect's
Project No:
0602
Request is hereby made for an itemized proposal for changes to the Contract Sum and Contract Time for the proposed
modifications to the Contract Documents described below. THIS IS NOT A CHANGE ORDER, CONSTRUCTION
CHANGE DIRECTIVE, OR DIRECTION TO PROCEED WITH THE PROPOSED MODIFICATIONS DESCRIBED
BELOW. Submit proposal within seven (7) days or provide the Architect written notification of the date proposal will
be submitted.
Description:
Construct the small parking lot at the east side of the property including the adjacent
sidewalk ሺconcreteሻ, associated lighting and the connecting trail. Refer to "Alternate No. 6"
on the Civil, Landscape and Electrical drawings for the scope of work. The attached
drawing revises the small sidewalk to concrete in lieu of decomposed granite.
Attachments: Civil Supplementary Drawing - Concrete Sidewalk for Alt. #6, 8-1/2" x 11",
dated 5-27-08
Requested By: Pro.Forma Architecture, Inc. Signed:
Copies To: Brad Reid, Stephen Davis
Proposed Change Date:06/11/08
Request For Pricing
Architectural PC#:PR 1 - Alt 6 Project Name:Coppell Senior Citizen's Center
Contractor PC#:Project Number:28001
Associated Documentation :PR 1
(ASI, RFI, Etc.)
Description Of Proposed Change
Pricing Information
Description Quantity Total
Construct proposed Alt. 6 -$
Parking Lot as described above 1 51,870.00$
-$
-$
-$
-$
-$
-$
Total Change Proposal 51,870.00$
Previous Contract Amount 4,114,200.00$
Revised Contract Amount 4,166,070.00$
Approval/Acceptance:
YOU ARE NOT AUTHORIZED TO PROCEED WITH THIS CHANGE UNLESS SIGNED BELOW BY THE AUTHORIZED AGENT
Reviewed By:Reviewed By:Authorized By:Accepted By:
<ARCHITECT><CONSTRUCTION MANAGER><OWNER>Meridian Construction, LP
5459 Sherry Lane
Suite 1100
Dallas, Texas 75225
By:By:By:By:
Date:Date:Date:Date:
Construct the small parking lot at the east side of the property including the adjacent sidewalk concrete, associated lighting and the connecting trail.
Refer to "Alternate No. 6" on the Civil, Landscape and Electrical drawings for the scope of work. The attached drawing revises the small
sidewalk to concrete in lieu of decomposed granite.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
June 24, 2008
9/C
✔
ORDINANCE
Consider approval of an ordinance of the City of Coppell, Texas, amending Section 9-1-11 of the Coppell Code of
Ordinances by increasing the number of days an animal shall be held from three (3) days to five (5) days before
adoption; and authorizing the Mayor to sign.
The City of Coppell desires to increase the number of days an impounded animal shall be held from three days to five
days before allowing adoption of the animal.
Staff recommends approval.
)Animal Ordinance
Striving for Excellence
MEMO
Date: 03-16-2008.
To: City Council and Staff.
From: Derrick Watson, Captain.
Subject: Animal Control Ordinance 9-1.
It is requested that the amount of time an unregistered animal be held at the shelter, prior to
becoming eligible for adoption, be extended from three days to five.
It is the hope of Animal Services staff that the extension from three days until five will assist in
the uniting of pets and their owners.
Thank you for your consideration.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
SECTION 9-1-11.B. OF THE COPPELL CODE BY INCREASING THE
NUMBER OF DAYS AN ANIMAL SHALL BE HELD FROM THREE (3)
DAYS TO FIVE (5) DAYS BEFORE DISPOSITION OF SUCH ANIMAL
IN ACCORDANCE WITH ARTICLE 9-1 OF THE CODE OF
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 9-1-11, subsection B. currently provides that an animal which has
been impounded by the City is held for a period of three (3) days before final disposition as
provided in Section 9-1-12 of Article 9-1; and
WHEREAS, the City desires to increase the number of days to hold the animal from
three (3) days to five (5) days;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be and the
same is hereby amended by amending Chapter 9, General Regulations, Section 9-1-11,
Redemption of animal, subsection B. to increase the number of days an impounded animal is
held, which shall read as follows:
“Sec. 9-1-11. Redemption of animal.
A. . . . . .
B. Impounded animals shall be held for five (5) days after . . . . .”
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 the Code of Ordinances of the City of Coppell, Texas, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 5. 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
(JDD/ajh/cdb) (07-12-08/06/20/08)
TM 28662.2.000 2
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:
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: Gary L. Sieb, Director of Planning
DATE: June 24, 2008
REF: Consider approval of an Ordinance of the City of Coppell, Texas,
amending the Code of Ordinances to add Article 6-17, Horse-Drawn
Carriages; establishing a permit requirement and regulations for
horse-drawn carriages; providing for an application for permit;
providing for compliance with the permit; providing for
amendments to the permit; providing for revocation of operating
authority; providing for non-transferability; providing for the
establishment of fees by resolution; and authorizing the Mayor to
sign.
The attached ordinance would allow horse-drawn carriages to travel limited
roads in Coppell during the Christmas holidays allowing passengers to view
holiday lights and decorations in specified neighborhoods.
Mr. Eddie Rawdon (“Eddie the Barber”) a local businessman, proposes to utilize
up to 8 horse drawn carriages to allow paying customers an opportunity to view
holiday lights and decorations from November 28 to December 31. Although
the carriage rides will originate in Coppell, the horses will be stabled in another
community. Up to 6 passengers (at a fee of $165 per carriage) can be
accommodated by each carriage, drawn by one or two horses, and each ride
will last approximately one hour. To address the sanitation issue, each horse will
be equipped with a “diaper” similar to the ones used in the West End of Dallas.
The route of the tour is shown on the attached map. Basically, the primary tour
originates at Eddie’s Barber Shop and Shavery, travels east on Bethel Road, tours
Old Coppell Estates, re-enters Bethel Road and continues east on Bethel to the
Reserve, then back on Bethel and west to the Shavery. As timed by Mr.
Rawdon, the carriage would be on Bethel a total of three to four minutes.
An alternate route (which would include the primary route) would allow travel to
the Hard 8 Restaurant and include a route through Summit at the Springs if
bridge construction associated with the improvements to Bethel Road would
allow it.
Permission has been granted by the Hard 8 and all affected Home Owners
Associations (attached) and a permit including approvals from the Police, Fire,
Engineering, and Planning departments has been drafted and included here.
Also, liability insurance, number of horses and carriages to be used, and location
of stabled horses is addressed in the Ordinance and Permit Application. The fee
required to undertake this activity will be established by the attached
Resolution, and is recommended to be a $250.00 expense of the applicant.
Staff recommends approval of the Ordinance and Resolution.
1 TM 26316.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES TO ADD ARTICLE 6-17 HORSE-
DRAWN CARRIAGES; ESTABLISHING A PERMIT REQUIREMENT
AND REGULATIONS FOR HORSE-DRAWN CARRIAGES;
PROVIDING FOR AN APPLICATION FOR PERMIT; PROVIDING
FOR OFFENSES; PROVIDING FOR AMENDMENTS TO THE
PERMIT; PROVIDING INSURANCE REQUIREMENTS; PROVIDING
FOR REVOCATION OF OPERATING AUTHORITY; PROVIDING
FOR NON-TRANSFERABILITY; PROVIDING FOR THE
ESTABLISHMENT OF FEES BY RESOLUTION; PROVIDING A
SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE, AND AUTHORIZING THE
MAYOR TO SIGN.
WHEREAS, The City of Coppell wishes to provide the opportunity for people to take
horse-drawn carriage rides during holiday times; and
WHEREAS, the City of Coppell has an interest in protecting the health and safety of all
residents including those taking horse-drawn carriage rides and those using the roads in other
manners;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Chapter 6, Business Regulations, of the Code of Ordinances be, and
the same is, hereby amended by adding “Article 6-17, Horse-Drawn Carriages”, which shall
read as follows:
“ARTICLE 6-17. HORSE-DRAWN CARRIAGES
Sec. 6-17-1. Permit Requirement and Regulations.
A. No person may operate a horse-drawn carriage or vehicle for hire on a
public street within the City without first obtaining a valid operating permit issued
by the City.
2 TM 26316.2.000
B. The permit shall be issued for each such carriage or vehicle by the City
Manager or his designee upon approval of the application which is provided in
Sec. 6-17-2 below.
Sec. 6-17-2. Application.
A. A person must submit an application and provide, on a form for that
purpose, for the safe operation of a horse-drawn carriage or vehicle. The
applicant shall be a person or legal entity that owns, controls, or operates such
vehicle. An application shall contain the applicant name, business type, number
of horses to be used, number of carriages, proof of liability insurance, safety
lighting, proposed sanitary plans, proposed route and map thereof, identify
staging area, the hours and times of proposed operation.
B. The City shall issue a permit for use of a horse-drawn carriage upon
satisfactory proof that the use and route does not pose a public safety hazard and
to ensure the health, safety and welfare.
Sec. 6-17-3. Amendments to Permit.
A. All amendments to the permit may be approved by the City Manager or
his designee upon written request by holder.
B. Amendments that change the route or the number of carriages used must
be applied for in the same manner as the original permit.
Sec. 6-17-4. Offenses.
A person commits an offense if he fails to comply with any provision of this
Article.
Sec. 6-17-5. Insurance.
Each person or business entity shall provide and maintain liability insurance
in the minimal amount of five hundred thousand dollars ($500,00) for each such
carriage or vehicle permitted.
Sec. 6-17-6. Revocation of Operating Authority.
The City Manager or his designee may revoke a permit if such person
determines that a permit holder has:
(i) made false statement as to a material matter in the application
concerning the permit;
(ii) failed to comply with applicable provisions of this Chapter;
3 TM 26316.2.000
(iii) operated a service without a permit;
(iv) failed to comply with the conditions and limitations of the permit;
(v) been convicted for violation of another city, state or federal law that
indicates a lack of fitness for the permitee to perform the horse-drawn
carriage service;
(vi) failed to satisfy any requirements of this ordinance or other code or
permits.
Sec. 6-17-7. Non-transferability.
The permit to operate a horse-drawn carriage service for the City of Coppell is
not transferable to another person or entity.
Sec. 6-17-8. Fees.
A permit fee shall be established by resolution of the city council.”
SECTION 2. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Ordinance, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
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 not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. 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.
4 TM 26316.2.000
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
(JDD/cp 03/25/08 – REH/cdb 06/18/08)
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
June 24, 2008
9/E
✔
RESOLUTION
Consider approval of a ground lease on City-owned, unimproved property behind 196 Southwestern Boulevard for
temporary location of training equipment for AMCAT, INC. a local property appraisal training company; providing a
savings clause; providing a repealing clause; providing an effective date and authorizing the Mayor to sign.
SEE ATTACHED MEMORANDUM
Staff recommends APPROVAL.
@AMCAT Ground Lease, 1-AR, (con)
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: Gary L. Sieb, Director of Planning
DATE: June 24, 2008
REF: Consider approval of a ground lease on city owned, unimproved
property behind 196 Southwestern Boulevard for temporary location of
training equipment for AMCAT, INC. a local property appraisal training
company; providing a savings clause; providing a repealing clause;
providing an effective date and authorizing the Mayor to sign.
We have been working with AMCAT, INC., a property appraisal training facility
located at 196 Southwestern Boulevard (just east of Pinkerton Elementary), for the last
several months in procuring a non-used city alley right of way for temporary location
of training equipment. We believe this request merits favorable consideration.
As you may recall AMCAT requested and received Council approval in April of 2007,
moving from the Southwestern facility to a new location at 1230 Crestside Drive. That
proposal fell through and the business remains at 196 Southwestern.
The Coppell Independent School District has recently added additional paved
parking at Pinkerton Elementary and in that process required the movement of
training equipment used by AMCAT off the school property. Because AMCAT has
elected to remain at the present location for at least one more year, representatives
approached the city requesting use of alley right-of-way immediately behind the
current business for temporary placement of this equipment.
An analysis of this request reflects that the alley is not used by the City, has never
been paved, all trash pick-up and property access is from the front, the adjacent
affected home owner has agreed to the use, the training equipment will be at this
site for one year or less, and the applicant has agreed to a lease fee of $250.00.
The attached Ground Lease Agreement spells out conditions of approval including a
lease term of one year, fee requirement, indemnification agreement, legal
description and relocation proposal. Staff supports this ground lease request.
Coppell/AMCAT/Ground Lease – Page 1 26306
STATE OF TEXAS §
§ GROUND LEASE
COUNTY OF DALLAS §
THIS GROUND LEASE (the "Lease") is entered into by and between the City Of
Coppell, Texas, a municipal corporation ("Landlord"), and AMCAT, Inc., as amended
("Tenant").
RECITALS
WHEREAS, Landlord is the owner of the fee simple estate in that certain tract of land
described in Exhibit A, (the "Land") located in the City of Coppell, Dallas County, Texas; and
WHEREAS, Tenant desires to lease the Land from Landlord for a period of one (1) year
with automatic renewal of one (1) year terms.
NOW, THEREFORE, in consideration of the Land, the mutual covenants and
agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
Article I
Granting Clause; Lease Term
1.1 Lease of Land. Landlord, in consideration of the covenants, agreements and
undertakings of Tenant as herein set forth, does hereby lease, let and demise unto Tenant, and
Tenant does hereby lease from Landlord, the Land, more specifically described in Exhibit “A”
which is attached and incorporated herein, to have and to hold for the Lease Term, all upon and
subject to the terms and conditions set forth in this Lease. The land is being leased for a use
described in Exhibit “B” which is attached and incorporated herein. The lease is subject to the
Memorandum of Understanding attached and incorporated herein as Exhibit “C”.
1.2 Lease Term. The Lease Term shall be one (1) year beginning on
commencement date of this agreement.
1.3 "As Is" Condition. The Land are being leased "as is" "and "with all faults," and
Landlord makes no warranty of any kind, express or implied, with respect to the Land. Without
limiting the generality of the preceding sentence, it is expressly agreed that Landlord makes no
warranty as to the marketability, habitability or fitness for any particular purpose of the Land.
Article II
Rent
2. 1 Payment of Rent. Tenant shall pay to Landlord, without offset or deduction, the
Rent for the Land. Payment of Rent shall be due and payable in advance at the beginning of the
Lease in the amount of $250.00.
Coppell/AMCAT/Ground Lease – Page 2 26306
2.2 Place of Payment. All installments of rent hereunder, when and as the same
becomes due and payable, shall be paid in lawful money of the United States at the time to
Landlord at the office of the City Manager for the City of Coppell, Texas.
Article III
Indemnification
LANDLORD SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY
OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM
ANY OCCURRENCE ON THE PREMISES. TENANT HEREBY WAIVES ALL CLAIMS
AGAINST LANDLORD FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH
OF, ANY PERSON IN, UPON, OR ABOUT THE PREMISES ARISING AT ANY TIME AND
FROM ANY CAUSE (INCLUDING SPECIFICALLY, WITHOUT LIMITATION, THE
NEGLIGENCE OF LANDLORD) OTHER THAN SOLELY BY REASON OF THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. TENANT, FOR ITSELF
AND ITS AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, LICENSEES,
CONCESSIONAIRES, INVITEES, SUCCESSORS AND ASSIGNS, EXPRESSLY ASSUMES
ALL RISKS OF INJURY OR DAMAGE TO PERSON OR PROPERTY, EITHER
PROXIMATE OR REMOTE, RESULTING FROM THE CONDITION OF THE PREMISES
OR ANY PART THEREOF. TENANT AGREES TO INDEMNIFY AND SAVE HARMLESS
LANDLORD AND ITS AFFILIATES AND THEIR AGENTS, SERVANTS, DIRECTORS,
OFFICERS, PARTNERS AND EMPLOYEES (COLLECTIVELY "INDEMNITIES") FROM
AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS
(INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION)
AND ACTIONS OF ANY KIND ARISING OR ALLEGED TO ARISE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY
OCCURRING ON, IN OR ABOUT THE PREMISES OR BY REASON OF ANY OTHER
CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO
BE OCCASIONED BY ANY ACT OR OMISSION ON THE PART OF TENANT OR ANY
OFFICER, DIRECTOR, SERVANT, AGENT, EMPLOYEE, REPRESENTATIVE,
CONTRACTOR, SUBCONTRACTOR, LICENSEE, CONCESSIONAIRE, INVITEE,
SUCCESSOR OR ASSIGN, OR BY ANY BREACH, VIOLATION OR NONPERFORMANCE
OF ANY COVENANT OF TENANT UNDER THIS LEASE, WHETHER SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE
ATTRIBUTED TO THE CONCURRENT NEGLIGENCE OF ANY INDEMNITEE. IF ANY
ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY INDEMNITEE
IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, TENANT, ON NOTICE
FROM LANDLORD, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT TENANT'S
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
LANDLORD. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ACTIVITIES
OF TENANT WITH RESPECT TO THE PREMISES, WHETHER OCCURRING BEFORE OR
AFTER EXECUTION OF THIS LEASE. TENANT OBLIGATIONS UNDER THIS SECTION
SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE
MAINTAINED OR REQUIRED TO BE MAINTAINED BY TENANT UNDER THIS LEASE.
THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS LEASE.
Coppell/AMCAT/Ground Lease – Page 3 26306
Article IV
Assignment and Sublease
4.1 Consent of Landlord Required. Neither Tenant nor its legal representatives or
successors in interest shall, by operation of law or otherwise, assign, mortgage, pledge, encumber
or otherwise transfer this Lease or any part hereof, or the interest of Tenant under this Lease, or
in any sublease or the rent there under without obtaining the prior written consent of Landlord,
which may be given or withheld in the sole discretion of Landlord. An assignment of this Lease
shall be deemed to have occurred if in a single transaction or in a series of related transactions
more than fifty percent (50%) of the ownership interests in Tenant (whether stock, partnership
interest or otherwise) is transferred, diluted, reduced, or otherwise affected with the result that
the present holder or owners of Tenant have less than a fifty percent (50%) interest in Tenant.
4.2 Assignments Void. Any attempted assignment or sublease by Tenant in violation
of the terms and provisions of this Article IX shall be void and shall constitute a material breach
of this Lease. In no event shall any assignment, subletting or transfer, whether or not with
Landlord's consent, relieve Tenant of its primary liability under this Lease for the entire term
hereof, and Tenant shall in no way be released from the full and complete performance of all the
terms hereof.
4.3 Obligations to Remain in Effect. If Landlord expressly consents to an assignment
or subletting, Tenant and any guarantor of Tenant's obligations under this Lease shall at all times
remain fully responsible and liable for the payment of the rentals herein specified and for
compliance with all of the other obligations under this Lease (even if future assignments and
sub-lettings occur subsequent to the assignment or subletting by Tenant).
4.4 Mortgage of Leasehold. The Tenant may not mortgage the leasehold estate
demised by this Lease without the prior written consent of Landlord.
4.5 Assignment by Landlord. Notwithstanding anything contained in this Lease to the
contrary, Landlord shall have an absolute, unequivocal right to assign or transfer its interest in
this Lease, whether as collateral or absolutely, to any party whatsoever whether or not such party
is related to the Landlord, and the Tenant covenants and agrees that this Lease shall remain in
full force and unaffected by such transfer or assignment. In the event of the transfer or
assignment by Landlord of its interest in this Lease to any party expressly assuming Landlord's
obligations under this Lease, Landlord shall thereby be released from any further obligations
hereunder, and Tenant agrees to look solely to such successor in interest of Landlord for the
performance of such obligations. Any security given by Tenant to secure performance of
Tenant's obligations hereunder may be assigned and transferred by Landlord to such successor in
interest and Landlord shall thereby be discharged of any further obligations relating thereto.
Article V
Warranties
5. 1 Landlord's Title. Landlord hereby represents and warrants that it is the owner in
fee simple absolute of the Land, subject to covenants, conditions, restrictions, leases, easements,
Coppell/AMCAT/Ground Lease – Page 4 26306
and other matters of record.
5.2 Quiet Enjoyment. Landlord covenants and agrees that Tenant, on paying the Rent
and other charges herein provided for and observing and keeping the covenants, conditions, and
terms of this Lease on Tenant's part to be kept or performed, shall lawfully and quietly hold,
occupy, and enjoy the Land during the term of this Lease without hindrance of Landlord or any
person claiming under Landlord.
Article VI
Landlord’s Right of Access
Landlord (and its agents, employees and contractors) shall have the right to enter the
Land at reasonable times during normal business hours in order (a) to inspect the Land and the
improvements thereon, and (b) to confirm that Tenant is complying with all of Tenant's
covenants and obligations under this Lease. Landlord shall not be liable to Tenant for the
exercise of Landlord's rights under this Section, and Tenant hereby waives any claims for
damages for any injury or inconvenience to or interference with Tenant's business, any loss of
occupancy or quite enjoyment of the Land, and any other loss occasioned thereby.
Article VII
Miscellaneous
7.1 Estoppel Certificate. Tenant shall, from time to time, within ten (10) days after
request from Landlord, execute, acknowledge and deliver in recordable form a certificate
certifying, to the extent true, that this Lease is in full force and effect and unmodified (or, if there
have been modifications, that the same is in full force and effect as modified and stating the
modifications); that the term of this Lease has commenced and the full amount of the rent then
accruing hereunder; the dates to which the rent has been paid; that Tenant has accepted
possession of the Land; that no rent under this Lease has been paid more than thirty (30) days in
advance of its due date; that the address for notices to be sent to Tenant is as set forth in this
Lease (or has been changed by notice duly given and is as set forth in the certificate); that
Tenant, as of the date of such certificate, has no charge, lien, or claim of offset under this Lease
or otherwise against rent or other charges due or to become due hereunder; that, to the
knowledge of Tenant, Landlord is not then in default under this Lease; and such other matters as
may be reasonably requested by Landlord or any mortgagee of Landlord. Any such certificate
may be relied upon by Landlord or any mortgagee of Landlord. Landlord agrees periodically to
furnish, when reasonably requested in writing by Tenant, certificates signed by Landlord
containing information similar to the foregoing information.
7.2 Independent Covenant. Tenant shall not for any reason withhold or reduce
Tenant's required payments of rental and other charges provided in this Lease, it being agreed
that the obligations of Landlord under this Lease are independent of Tenant's obligations except
as may be otherwise expressly provided. The immediately preceding sentence shall not be
deemed to deny Tenant the ability of pursuing all rights granted it under this Lease or at law;
however, at the direction of Landlord, Tenant's claims in this regard shall be litigated in
proceedings separate from any litigation involving rental claims or other claims by Landlord
Coppell/AMCAT/Ground Lease – Page 5 26306
against Tenant (i.e., each party may proceed to a separate judgment without consolidation,
counterclaim or offset as to the claims asserted by the other party).
7.3 Landlord's Liability. Anything contained in this Lease to the contrary
notwithstanding, Tenant agrees that Tenant shall look solely to the estate and property of
Landlord in the Land for the collection of any judgment or other judicial process requiring the
payment of money by Landlord for any default or breach by Landlord under this Lease. No other
assets of Landlord or officers, agents and employees shall be subject to levy, execution or other
judicial process for the satisfaction of Tenant's claim.
7.4 No Joint Venture. The relationship between Landlord and Tenant at all times shall
remain solely that of landlord and tenant and not be deemed a partnership or joint venture.
7.5 Force Majeure. Whenever a period of time is herein prescribed for action to be
taken by Landlord or Tenant (other than payment by Tenant of amounts due under this Lease),
Landlord or Tenant shall not be liable or responsible for, and there shall be excluded from the
computation for any such period of time, any delays due to force majeure, which term shall
include strikes, riots, acts of God, shortages of labor or materials, war, governmental approvals,
laws, regulations, or restrictions, or any other cause of any kind whatsoever which is beyond the
reasonable control of Landlord or Tenant.
7.6 Notices. All rents or other sums, notices, demands, or requests from one party to
another may be personally delivered or sent by mail, certified, or registered, postage prepaid, to
the addresses stated in this section and shall be deemed to have been given at the time of
personal delivery or at the time of mailing.
(a) All payments, notices, demands, or requests from Tenant to Landlord shall be
given to City at City Hall, Attn: City Manager, City of Coppell, 255 Parkway Blvd., Coppell,
Texas 75019, with a copy to Nichols, Jackson, Dillard, Hager & Smith, LLP., 1800 Lincoln
Plaza, 500 N. Akard, Dallas, Texas 75201, Attn: Robert E. Hager or at such other address as
Landlord shall request in writing.
(b) All payments, notices, demands, or requests from Landlord to Tenant shall be
given to AMCAT, attention Russel Jackson, P.O. Box 1068, Coppell, Texas 75019, or at such
other address as Tenant shall designate in writing.
7.7 Successors and Assigns. This Lease shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns where permitted by this Lease.
7.8 Brokerage Fee. Tenant and Landlord each represent and warrant to the other that
it has not entered into any agreement with, or otherwise had any dealings with, any broker or
agent in connection with the negotiation or execution of this Lease which could form the basis of
any claim by any such broker or agent for a brokerage fee or commission, finder's fee, or any
other compensation of any kind or nature in connection herewith, and each party shall, and
hereby agrees to, indemnity and hold the other harmless from all costs (including, but not limited
to, court costs, investigation costs, and attorneys' fees), expenses or liability for commissions or
Coppell/AMCAT/Ground Lease – Page 6 26306
other compensation claimed by any broker or agent with respect to this Lease which arise out of
any agreement or dealings, or alleged agreement or dealings, between the indemnify party and
any such agent or broker. This provision shall survive the expiration or earlier termination of this
Lease.
7.9 Time of Essence. Time is of the essence of this Lease.
7.10 Governing Law. This Lease shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created hereunder are performable in
Dallas County, Texas. Venue for any action shall be in the State District Court of Dallas County,
Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court.
7.11 Severability. In case anyone or more of the provisions contained in this Lease
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this Lease shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
7.12 Modification. No amendment, modification, or alteration of the terms hereof shall
be binding unless the same be in writing, dated subsequent to the date hereof and duly executed
by the parties hereto.
Signature Page to Follow
Coppell/AMCAT/Ground Lease – Page 7 26306
EXECUTED This ______ Day of _______________________, 2008.
City of Coppell, Texas
By:______________________________
Douglas N. Stover, Mayor
Attested to:
By:___________________________________
Libby Ball, City Secretary
Approved as to Form:
By:___________________________________
City Attorney
EXECUTED this ______ day of _______________________, 2008.
BY: ____________________________
NAME: Mikki Kennedy
TITLE: Vice President-Finance, AMCAT
Coppell/AMCAT/Ground Lease – Page 8 26306
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ____ of ____________, 2008, by
Douglas Stover, Mayor of the City of Coppell, Texas, a Texas municipality on behalf of said
municipality.
Notary Public, State of Texas
My Commission Expires:
TENANT'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Mikki Kennedy, being Vice President-Finance of AMCAT, on behalf of said
Corporation.
Notary Public, State of _________
My Commission Expires:
___________________________
Coppell/AMCAT/Ground Lease – Page 9 26306
Exhibit “A”
Legal Description
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
June 24, 2008
10
✔
PUBLIC HEARING
Consider approval of Case No. PD-221R5-HC, Duke Lesley Addition, zoning change request from PD-221-R3-HC
(Planned Development-221 Revision 3-Highway Commercial) to PD-221R5-HC (Planned Development-221 Revision 5-
Highway Commercial) to attach a detail site plan to allow a 5,000-square-foot convenience store with ten gas pumps
located along the west side of S. Belt Line Road, approximately 636 feet north of IH 635.
See attached letter from William Dahlstrom dated May 23, 2008, appealing the Planning Commission's decision to
Council.
A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS
ZONING CHANGE.
On May 15, 2008, the Planning Commission unanimously denied this
zoning change (6-0) due to the land use not being compatible with
those envisioned for this location. Commissioners Frnka, Shute, Haas,
Fox, Sangerhausen, and Shipley voted to deny, none opposed.
On June 10, 2008 city Council unanimously approved to hold this case
under advisement until June 24, 2008
Staff recommends DENIAL.
@02 PD-221R5-HC, DL Addition, 1-AR
ITEM # 6 Page 1 of 8
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-221R5-HC, Duke Lesley Addition
P&Z HEARING DATE: May 15, 2008
C.C. HEARING DATE: June 10, 2008
STAFF REP.: Matt Steer, City Planner
LOCATION: The west side of S. Belt Line Road, approximately 636 feet
north of IH 635
SIZE OF AREA: 1.67 acres of property
CURRENT ZONING: PD-221R3-HC (Planned Development-221 Revision 3-Highway
Commercial)
REQUEST: A zoning change request to PD-221R5-HC (Planned
Development-221 Revision 5- Highway Commercial) to attach
a detail site plan to allow a 5,000-square-foot convenience
food store with 10 gas pumps.
APPLICANT: Applicant: Engineer:
Alicia Rhymer Mike Ruelle
Race Trac Petroleum Kimley-Horn Associates, Inc.
3225 Cumberland Blvd, Suite 1001 2700 Park Central Dr, Suite 1800
Atlanta, GA 30339 Dallas, TX 75251
Phone: 770.431.7600 ext. 1638 972.770.1300
Fax: 678.503.1348 Fax: 972.239.3820
HISTORY: In February 2007, this property was a part of a larger rezoning from a
Highway Commercial District to a Planned Development for Highway
Commercial uses to allow tilt-wall construction and additional
attached signage on office buildings that are 50,000-square-feet or
larger and to allow the development of mixed uses, including retail,
office and hotel on a total of 78.5 acres of property.
ITEM # 6 Page 2 of 8
In July 2007, a rezoning was approved to revise the Planned
Development to attach a Concept Plan for retail and restaurant uses
on 17.4 acres of property.
TRANSPORTATION: Beltline Road is a P6D, major thoroughfare built to standard in a
l20-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – vacant; PD-221R3-HC (Planned Development-221-Revision 3-
Highway Commercial)
South – vacant; PD-221R3-HC (Planned Development-221-Revision 3-
Highway Commercial)
East – vacant; A (Agriculture)
West – vacant; PD-221R3-HC (Planned Development-221-Revision 3-
Highway Commercial)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property
as suitable for freeway commercial uses.
DISCUSSION: This is the first detail planned development proposal to be platted out of the
larger 17.4 acre tract of land conceptually approved for retail and restaurant
uses. The proposed 5,000-square-foot convenience store with an 8,260-
square-foot gas canopy on 1.67 acres is proposed to be located on the west
side of South Belt Line Road between Dividend and IH 635. There are two
access points to South Belt Line Road, both being shared drives on the
proposed north and south property lines. There is also a shared drive shown
on the proposed west property line. The proposed hours of operation are 24
hours a day, seven days a week.
In the establishment of the larger conceptual planned development for this
area, only circulation patterns, signage and architectural compatibility were
approved. Every other detail, including land use, site layout, parking,
landscaping, building materials and color, were left to specifically adhere to
the requirements of the base zoning of the HC (Highway Commercial) District.
According to the Zoning Ordinance,
The “HC” highway commercial district is intended primarily as a high
intensity area permitting a mixed-use for office, commercial-retail, and
highway oriented uses, such as hotels, restaurants, and low and mid-rise
offices, and should be located generally along high-volume
thoroughfares. The site characteristics for each area should be designed
in a manner to create an attractive appearance from I.H. 635 and S.H.
121, and an impressive gateway into the community. Because these
areas are designated as major thoroughfare entry points, emphasis has
ITEM # 6 Page 3 of 8
been placed on building arrangement, setbacks, parking, and landscape
treatment, which are intended to be elements influencing the character
of entrance into the city. It is the intention of the “highway commercial”
zoning district to create an attractive and unique entrance into the city.
This planned development request was initially reviewed based on the
‘impressive gateway” premise of the HC District, and staff does not feel that
this large scale gas station fits in with this vision. The applicant has met several
times with the city staff to discuss the issues at hand. They have postponed
bringing the case forward to the Planning and Zoning Commission twice in
order for them to work through the extensive list of Planning related
comments. The most significant of the comments were related to reorienting
the proposed convenience store, reducing the size of the gas canopy and
reorienting the canopy to not front on Belt Line Road (the side of the canopy
would front Belt Line). The applicant has offered little change to their initial
proposal, and has actually increased the amount of striping on the canopy,
going in the opposite direction of staff’s request to remove it.
Staff has reviewed the plans several times, each subsequent time on a
technical basis as if the land use and unsightliness weren’t issues, to clear up
the majority of the comments and revisions needed. These are included
within a list of “unresolved items” under staff’s recommendation.
Site Plan:
The site plan shows the 5,000-square-foot convenience store dwarfed with an
8,260-square-foot gas canopy in front of it. The circulation on site is impressive,
although little unpaved area remains to fulfill the landscaping area
requirements. There are multiple unsightly bollards separating the walkway in
front of the building from the parking. Typically, a six-foot sidewalk is used to
give the storefront a slightly raised (six-inch curb height) entry and to separate
the vehicular use from the pedestrian access. Staff has recommended on
several occasions that the bollards were cluttering the front of the building
should be removed and a standard sidewalk should be used.
Parking:
Within the HC District, no more than 50% of the required parking can be
located in the front of the building. This requirement is specific to the HC
District in order to create a better appearance from adjacent thoroughfares.
This proposal is not meeting this requirement, as there are a total of 25 parking
spaces required, 42 proposed with 35 of those spaces (140% of the required)
in the front (including the parking adjacent to the gas pumps). It has been
recommended to the applicant that a bermed hedge row be used to screen
the parking lot from Belt Line, but the applicant has advised staff that they
would not do this as it would decrease the visibility of the gas pumps. If the
applicant reconfigures the site as previously recommended by staff
(reorienting the building closer to Belt Line Road with the ten gas pumps either
to the side or the rear), this would create less of a variance to the requirement
ITEM # 6 Page 4 of 8
that calls for no more than 50% of the required parking to be located in the
front of a building.
Landscaping:
The overall landscaping is also a concern. The applicant is not meeting the
minimum requirements of the Zoning Ordinance as it relates to the
landscaping area being provided. The amount of paving on site is extensive
and would be reason enough to require that they meet the landscaping
requirement. Although the calculations show that they are providing sufficient
landscaping in two of the three categories, staff has recalculated the interior
landscaping as shown and comes up substantially short. The nonvehicular
landscaping is the one category that might be correct. The HC District calls
for a landscape treatment to “influence the character of the entrance into
the city.” An expansive amount of pavement with gas pumps and parking is
not the influence on the entry character envisioned. The applicant was
informed on several occasions that the landscaping calculations were in
question and given specific details on how they could spruce up the
landscaping in order to make this site more attractive and address the
inadequacies. This is considered a primary image zone in the Streetscape
Ordinance and this site in particular has been given the unique HC zoning
designation specifically for this reason – “to create an attractive and unique
entrance into the city.” It was suggested to berm the hedge row on Belt Line
Road and to include a landscape island at the end of the gas canopy.
Neither of these changes were made. The absence of the landscape island
at the end of the canopy on the south end, (required perimeter landscaping)
and the shortfall in interior (parking lot area) landscaping are both required to
be conditions of the PD.
Elevations and Signage:
In an attempt to combat the unsightliness of the gas canopy, staff
recommended that a standing seam roof be added and the canopy be
reduced in size to be smaller in scale and secondary to the main structure.
The applicant has offered no solution or compromise to their original proposal.
Staff originally had a comment to remove the proposed signage and striping
from the canopy. The applicant removed the “Race Trac” signage, but
increased the striping signage amount significantly. The striping is considered
as “signage” within the definition given in the Zoning Ordinance. This states, a
sign is anything that is “visible from outside the premises on which it is located
and that is designed, intended or used to inform, to advertise or to attract the
attention of persons not on those premises.” Signage is strictly prohibited on
gas canopies. The HC District specifically addresses permissible façade colors
and states the following:
Exterior wall surfaces should consist of no more than three colors; a base
color, and/or a trim color, and/or an accent color. The base color may be
utilized on up to 100 percent of the surface area of any one facade of a
building. Another color, other than a base color, shall be permitted on up
to only five percent of the surface area of any one facade, and an
accent color on up to only one percent of the surface area of any one
ITEM # 6 Page 5 of 8
facade. For calculation purposes, wall surfaces should include eaves,
gables and parapets, but should exclude roofs, awnings, or signs.
Therefore, either way, if treated as a sign then the red stripes are strictly
prohibited, and if treated as part of the architecture, two red stripes, two blue
stripes and one white stripe are not permitted, as this would exceed the 95%
base color, 4% accent color, and 1% trim color allowances with the HC
District. The applicant will need to provide the exact color percentages for
each elevation. Based on the elevations submitted, the color breakdown is
approximately 59% bright red, 22% brown (earth tone brick), 7% dark blue and
13% bright white on the canopy’s side elevation.
The convenience store building façade is attractive, but has a few items that
still need to be resolved. It appears from the rendering that was given to staff
that there are metal awnings on the front elevation. These are standing seam
and if considered an awning would need to be made of fabric. Staff has
repeatedly requested a cross section of this portion of the elevation to make
the determination, but has never received one. If the applicant intends to
proceed with this type of architectural element, then it is recommended that
it be listed as another PD condition. All future structures to be built on the
remainder of the 17.4 acres will need to be compatible with this one
according to the Conceptual PD Ordinance.
The multicolored (red, white and blue) attached signage on the building does
not meet the signage requirements that call for signs to be white channel
letters. This is listed as another PD condition. The monument sign is a basic
thin wall with an aluminum face to indicate gas prices. This same brick thin
wall monument sign design will need to be carried out on the remainder of
sites along Belt Line, according to the approved Conceptual PD. The location
of the monument sign is proposed to be in the northeast corner. Monument
signs are required to be setback 75 feet from each property line and 15 feet
from the right-of-way; therefore, the noncompliant location of the proposed
monument sign is required to be yet another PD condition.
In the conceptual planned development ordinance, several conditions were
placed on the property. The applicable conditions are listed below with a
comment in bold relating to this detailed PD:
1. Prior to development on any tract within this Planned Development District,
a detailed Site Plan with elevation facades shall be submitted to assure
architectural compatibility and compliance with the HC District.
This is the first development of the 17.4 acres and will set the architectural tone
for the entire development.
2. Traffic and vehicle circulation of the 17.4 acres shall be in accordance with
the following development regulations:
…
(2) Private Street "B" shall:
(a) not have any head-in parking,
(b) have no intersecting driveways within 150 feet from Belt Line Road,
ITEM # 6 Page 6 of 8
The driveway is located approximately 146 feet from Belt Line and would
therefore require a minor exception to this requirement and to be listed as a
new PD Condition.
…
4. Detached signs were permitted as follows:
…
(d) Four single-tenant monument signs along Denton Tap (maximum one
per lot).
(1) Monument signs along Belt Line being limited to 40 square-feet,
unless the lot exceeds the two acre minimum required for a 60-square-
foot sign.
This proposal includes a 40 square foot monument sign.
5. The location of all detached signs being in accordance with the Sign
Ordinance and all monument signs shall be externally illuminated.
This proposal is not in conformance with the location/setback requirements of
the Zoning Ordinance that call for the spacing from internal property lines to be
at least 75’ and 15’ from the right-of-way. The proposed signage is 32 feet from
the north property line and 41 feet from the right-of-way.
6. All detached signs shall be architecturally compatible and consistent through
the District.
This monument sign will set the architectural tone for all monument signs on Belt
Line Road within the 17.4 acres.
7. Landscaping Plans shall be submitted at the time of Detailed Site Plans and
shall comply with Article 34 of the Coppell Zoning Ordinance, with the
exception that the required ten-foot landscape buffer along internal property
lines subject to such otherwise required landscaping to be reallocated in the
interior of such lots within the District.
The perimeter landscaping adjacent to the south drive is not being provided for
within an island at the south end of the gas canopy. This is requested to be an
exception from the previously approved conceptual PD Ordinance.
…
Regarding condition #1 above, Race Trac is setting the architectural tone for
the entire 17.4 acres of the Planned Development. This means that each
future structure will be required to match this gas station design! Although,
the elevations for the convenience store are their new prototype and more
attractive than other existing Race Trac’s in the area, staff does not want this
to set the architectural tone for the entire 17.4 acres. Another Race Trac is
currently being permitted in Irving on the south east side of Belt Line and LBJ
at Regent Blvd, cattycorner to this one. According to those plans, it will be a
similar prototypical design and a similar site configuration to the one
proposed in Coppell. This would definitely contradict the vision of creating a
“unique character” for the entrance into Coppell.
Repeatedly, the applicant has been informed that staff could not support this
particular plan and that we would need a completely different plan with the
structures reoriented- the main structure closer to Belt Line Road with the gas
canopy to the side or rear of the site for a positive recommendation. In the
ITEM # 6 Page 7 of 8
end, staff is unable to support this plan, and recommends that we deny this
application.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of this request due to the land use not being
compatible with those envisioned for this location. The items not addressed
are as follows:
1. Reorient the proposed building to the northeast corner of the site,
position the gas canopy south of the structure and perpendicular to S
Belt Line Rd. and ensure all mechanical equipment is screened.
2. Recommend construction of a curb in front of parking spaces and
elimination of bollards unless otherwise prohibited by the Texas
Accessibility Standards.
3. Consider reducing canopy length to keep it more in scale with the
proposed building and consider adding a standing seam roof to it.
4. Remove striping from the canopy as this is not permitted. Include a PD
condition if requesting an exception to the ordinance.
5. Consider berming landscape area along Belt Line and placing
proposed hedge row on top.
6. Include a landscape island at the south end of canopy and include
architectural element (i.e. boulder or stone monument) to prevent trucks
from driving on it.
7. Submit correct calculations for landscaping areas and ensure this is
prepared by a Landscape Architect (stamp and seal required). Include
a PD condition for the insufficient interior landscaping area shown.
8. Include north driveway spacing (146’) as a PD Condition. This is a minor
deviation from the 150’ requirement established in the conceptual PD.
9. Include percentage of each color on each elevation.
10. Include metal awnings as a PD condition.
11. Ensure the lighting plan meets the glare and lighting standards of the
Zoning Ordinance.
Drafting items not addressed:
12. Resolve discrepancies between the scale used on the Canopy Elevation
Sheet and the dimensions shown and include the height dimension to
the top of the canopy.
13. Include all proposed fire hydrants on the Site Plan.
14. Include #5 & #6 from general notes as PD Conditions, as these were
already conditions established in the conceptual PD.
15. On the miscellaneous detail sheet, list the color for the bumper posts,
include brick color and height of the proposed screening wall and
include color of decorative lighting poles and colors of monument sign
face. Add a note that states no advertizing will be displayed on any of
these items or anywhere outside the convenience store.
16. Include the Architect’s contact information within the title block of the
Canopy Elevations, and include Lot 4, Block C, Duke Lesley Addition in
all title blocks on all sheets.
ITEM # 6 Page 8 of 8
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date
ATTACHMENTS:
1) Site Plan
2) Landscape Plan/Tree Survey
3) Elevations
4) Sign Package
30” x 162” lighted channel letter sign, internally lighted, 33.75 square feet
30”
162”
Customer: RaceTrac Petroleum
Date: 2/6/08
Location: Coppell, TX
File: RaceTrac Coppell
Customer Approval Change As Noted
THIS IS AN ORIGINAL UNPUBLISHED DRAWING. IT IS NOT
TO BE REPRODUCED, COPIED, OR EDITED IN ANY FASHION
WITHOUT WRITTEN PERMISSION FROM AN OFFICER OF
WHITE SIGN COMPANY. THIS DRAWING MAY CONTAIN
COPYRIGHTED DESIGNS FURNISHED TO WHITE SIGN
COMPANY BY THE CUSTOMER, ALL OTHER DESIGNS
HEREIN ARE THE PROPERTY OF WHITE SIGN COMPANY.
COPYRIGHT 2007
whitesign.com (877) 766-1588 (870) 779-1504 fax (870) 772-3286 6420 East Street Texarkana, AR 71854
30” x 162” lighted channel letter sign, internally lighted, 33.75 square feet, individual lighted
channel letters
30”
162”
032 aluminum border
24.5 square foot sign, 4’ OAH
15” Wagner Condensed numerals
7’
15”
14.5”
Customer: RaceTrac Petroleum
Date: 2/29/08
Location: Coppell, TX
File: RaceTrac Coppell
Customer Approval Change As Noted
THIS IS AN ORIGINAL UNPUBLISHED DRAWING. IT IS NOT
TO BE REPRODUCED, COPIED, OR EDITED IN ANY FASHION
WITHOUT WRITTEN PERMISSION FROM AN OFFICER OF
WHITE SIGN COMPANY. THIS DRAWING MAY CONTAIN
COPYRIGHTED DESIGNS FURNISHED TO WHITE SIGN
COMPANY BY THE CUSTOMER, ALL OTHER DESIGNS
HEREIN ARE THE PROPERTY OF WHITE SIGN COMPANY.
COPYRIGHT 2007
whitesign.com (877) 766-1588 (870) 779-1504 fax (870) 772-3286 6420 East Street Texarkana, AR 71854
Brick Base to match building
3’ 6”
4”
2”
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
June 24, 2008
11
✔
ORDINANCE
Consider approval an ordinance of the city of Coppell, Texas, amending Article 9-11, "Parks and Recreation Code", by
adding section 9-11-12, providing for the use of roller skates, roller blades, skateboards, coasters, scooters and other
similar devices on city owned property; and prohibiting the use of roller skates, roller blades skateboards, coasters,
scooters and other similar devices on certain city facilities; and authorizing the Mayor to sign.
The citizens of Coppell are encouraged to participate in individual recreational endeavors of their choosing.
Sometimes, however, those recreational outlets can become hazardous to people and property when performed
improperly or in a dangerous fashion. Skateboarding, roller skating, roller blading, and other similar activities, if not
done properly can injure people and damage property. We have already seen examples of this at the new Town
Center Plaza where the seat walls have been damaged by overzealous youth on their skateboards. This ordinance is
intended to limit the locations these devices may be used in order to minimize the opportunity for damage to property
or injury to a person.
Staff recommends approval.
^Skateboard Ord.
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ARTICLE 9-11, "PARKS AND RECREATION
CODE", BY ADDING SECTION 9-11-12, PROVIDING FOR THE
USE OF ROLLER SKATES, ROLLER BLADES, SKATEBOARDS,
COASTERS, SCOOTERS AND OTHER SIMILAR DEVICES ON
CITY OWNED PROPERTY AS DEFINED HEREIN; AND
PROHIBITING THE USE OF ROLLER SKATES, ROLLER
BLADES, SKATEBOARDS, COASTERS, SCOOTERS AND
OTHER SIMILAR DEVICES ON CERTAIN CITY FACILITIES;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE.
WHEREAS, the City supports the idea that roller skates, roller blades, coasters,
scooters and other similar devices are an enjoyment to some citizens and a good form of
exercise and recreation; and
WHEREAS, these devices can be utilized in a safe and polite manner on public
property; and
WHEREAS, the City has determined that steps should be taken to protect City
owned property that may attract persons desiring to roller skate, roller blade, skateboard,
or ride coasters, scooters and other similar devices where damage may occur if
improperly utilized; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to amend the Code to provide regulations to permit or prohibit the use of roller
skates, roller blades, skateboards, coasters, scooters and other similar devices on certain
City owned property and structures.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1. That Article 9-11, "Parks and Recreation Code", of the Code of
Ordinances be, and the same is, hereby amended by adding section 9-11-12, to provide
regulations for roller skates, roller blades, skateboards, coasters, scooters and other
similar devices on City owned property as defined herein , which shall read as follows:
Page 1
TM 28706.2.000
“ARTICLE 9-11. PARKS AND RECREATION CODE
. . . . .
Sec. 9-11-12. Roller Skates, Roller Blades, In-line Skates,
Skateboards, Coasters, and Bicycles.
A. The use of roller skates, roller blades, in-line skates, skateboards,
coasters, scooters, bicycles or similar device upon any sidewalk,
pathway, park trail in the city is permitted, except as provided in this
Section.
B. No person shall ride or use any roller skates, roller blades, in-line
skates, skateboards, coasters, scooters or similar device upon any
sidewalk, pathway, monument, amphitheater, stairway, handrail, wall,
fountain, roadway and other structures as posted in the following:
(1) anywhere in the Town Center Complex defined as the City
owned property area East of Town Center Blvd., West of Heartz
Road, North of the YMCA property, and South of Parkway Blvd;
(2) anywhere within MacArthur Park;
(3) within 25 feet of Andrew Brown East Pavilions/restrooms or
buildings;
(4) within 25 feet of Andrew Brown East Kid Country;
(5) within 100 feet of Andrew Brown East Aquatic and Recreation
Center;
(6) within 100 feet of the Wagon Wheel Park Soccer Complex
concession stand ;
(7) within 400 feet of the Wagon Wheel Park Baseball concession
stand;
(8) within 100 feet of the Wagon Wheel Park Baseball field 6
concession stand;
(9) any area designated as a playground within any City park; for the
purposes of this section, playground shall be defined as any
publicly owned area for recreational use primarily by children.
(10) within 25 feet of Andrew Brown Park Central
restroom/concession;
(11) anywhere at the Wagon Wheel Park Tennis Center;
(12) within 500 feet of the Andrew Brown West Park concession
stand; or
(13) within any City owned parking lot or parking facility.”
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,
Page 2
TM 28706.2.000
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 revised 06/16/08)
Page 3
TM 28706.2.000
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
June 24, 2008
12
✔
PROCEDURAL
Consider appointments to Council Committees.
New appointments are made to the Council Committees on an annual basis.
Appoint Councilmembers to serve on various committees.
%commappt
AGENDA REQUEST FORM DATE: June 24, 2008
ITEM #: 13
CITY MANAGER'S REPORT
A. Goals and Objectives – FY-08.
Agenda Request Form - Revised 09/027 Document Name: %manrep
AGENDA REQUEST FORM DATE: June 24, 2008
ITEM #: 14
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the July 3 Spirit of Coppell Celebration and
Fireworks at 7:00 p.m. at Andy Brown East.
B. Report by Mayor Stover regarding the July 4 Independence Day Parade at 10:00
a.m. beginning at Samuel and Parkway.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: June 24, 2008
ITEM #: 15
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 – Councilmember Hinojosa-Flores and Mayor
Pro Tem Franklin.
F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember
Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
K. North Texas Council of Governments – Councilmember Brancheau.
L. NTCOG/Regional Emergency Management – Mayor Pro Tem Franklin.
M. North Texas Commission – Vacant.
N. Senior Adult Services – Councilmember Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: June 24, 2008
ITEM #: 16
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: June 24, 2008
ITEM #: 17
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: June 24, 2008
Department Submissions:
Item No. 7 was placed on the Agenda for the above-referenced City Council
meeting by the Human Resources Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Human Resources Department
Item Nos. 9/B and 11 were placed on the Agenda for the above-
referenced City Council meeting by the Parks Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Parks Department
Item No. 9/C was placed on the Agenda for the above-referenced City
Council meeting by the Police Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Police Department
Item Nos. 9/D, 9/E and 10 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)