CP 2008-07-22
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JULY 22, 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, July 22, 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.
2. Land Purchase West of MacArthur and South of Beltline.
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 serving Alcohol at City-sponsored Events.
B. Discussion regarding TML Legislative Agenda.
C. Discussion regarding North Texas Rail.
D. Discussion regarding Board/Commission Interview Schedule.
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.
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ITEM # ITEM DESCRIPTION
5. Invocation.
6. Pledge of Allegiance.
7. Report by Coppell Economic Development Corporation.
8. Citizens' Appearances.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 4, 2008
July 8, 2008
July 10, 2008.
B. Consider approval of accepting the resignation of John Fox from
the Planning & Zoning Commission.
END OF CONSENT
10. Consider approval to purchase twelve (12) AutoCITE (automatic citation)
issuance devices in the amount of $75,478 to be purchased from funds in
the Police Forfeiture/Seizure fund; and authorizing the City Manager to
sign.
11. Consider approval of authorizing the City Manager to enter into a
development agreement by and between the Coppell Economic
Development Foundation and the City of Coppell for purposes of historic
preservation in order to enhance Economic Development in Old Coppell
and authorizing the City Manager to sign.
12. Consider approval of an ordinance of the city of Coppell, Texas, the
Coppell Code of Ordinances by amending Article 6-16, Alcoholic
beverages, by adding Section 6-16-4 prohibiting alcoholic beverages in
all City facilities without obtaining a special event permit from the City
Manager; and by amending Article 9-11, Parks and Recreation Code, by
amending Section 9-11-3, Subsection Q, by adding a provision for the
issuance of a special event permit for for City sponsored events to be
issued by the City Manager, and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
13. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Peters and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters.
E. International Council for Local Environmental Initiatives (ICLEI) –
Brancheau
F. Metrocrest Hospital Authority – Councilmember Tunnell.
G. Metrocrest Medical Foundation – Hunt.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Service Center – Hunt.
J. North Texas Council of Governments – Peters.
K. NTCOG/Regional Emergency Management – Franklin.
L. North Texas Commission – Franklin.
M. Senior Adult Services – Faught.
14. Necessary action resulting from Work Session.
15. 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 18th day of July, 2008, at
__________________.
____________________________________
Libby Ball, City Secretary
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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: July 22, 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.
2. Land Purchase West of MacArthur and South of Beltline.
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: July 22, 2008
ITEM #: WS-3
WORK SESSION
A. Discussion regarding serving Alcohol at City-sponsored Events.
B. Discussion regarding TML Legislative Agenda.
C. Discussion regarding North Texas Rail.
D. Discussion regarding Board/Commission Interview Schedule.
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:
City Secretary
July 22, 2008
7
✔
REPORT
Report by the Coppell Economic Development Corporation.
The semi-annual report will be made by a member of the Economic Development Corporation.
No action necessary on this item.
%boardreport
AGENDA REQUEST FORM
DATE: July 22, 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
July 22, 2008
9/A
✔
PROCEDURAL
Consider approval of minutes: July 4, July 8 and July 10, 2008.
Minutes of the City Council meetings held on July 4, July 8 and July 10, 2008.
Staff recommends approval.
%minutes
MINUTES OF JULY 04, 2008
The City Council of the City of Coppell met in a Special Executive Session
on Friday, July 04, 2008 at 8:30 a.m. in the 2nd Floor Conference Room
of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present was City Manager Jim Witt and Deputy City Manager Clay
Phillips.
SPECIAL SESSION (Open to the Public)
1. Call to Order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. The City of Coppell and Coppell Independent
School District opposition to a change of
zoning request of the Billingsley Corporation in
the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court
at Law No. 3; and CB Parkway Business Center,
et al vs. City of Coppell, et al; and City of
Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs.
City of Dallas, et al in the 101st District Court.
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SPECIAL SESSION (Open to the Public)
3. Necessary action resulting from Executive Session.
Mayor Stover convened into Executive Session at 8:38 a.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 9:13 a.m.
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
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MINUTES OF JULY 8, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 8, 2008 at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Jim Witt, Deputy City Secretary Christel
Pettinos and City Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. The City of Coppell and Coppell Independent
School District opposition to a change of
zoning request of the Billingsley Corporation in
the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court
at Law No. 3; and CB Parkway Business Center,
et al vs. City of Coppell, et al; and City of
Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs.
City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
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1. Purchase of Real Property West of Denton Tap
and South of Bethel Road.
2. Discussion regarding sale of mineral rights on
City-owned property.
C. Section 551.087, Texas Government Code –
Economic Development Negotiations.
1. ED Prospects East and West of Beltline/Denton
Tap and south of Bethel Road.
Mayor Stover convened into Executive Session at 5:48 p.m. as
allowed under the above-stated article. Mayor Stover recessed the
Executive Session at 6:20 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding serving Alcohol at City-
sponsored Events.
B. Discussion regarding Cemetery Logo.
C. Discussion regarding Park Trail Amenities and Park
Signage.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Susan Bryan from First United Methodist Church led those
present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Presentation by Michael Morris, Director of
Transportation for the North Central Texas Council of
Governments, regarding regional transportation issues.
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Presentation:
Michael Morris, Director of Transportation for North Central Texas
Council of Governments, made a presentation to the Council.
8. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 24, 2008
June 26, 2008.
B. Consider approval of a resolution authorizing the
Mayor and City Manager to execute the appropriate
funding of the Development Block Grant Funds
Agreement with Dallas County for fiscal years 2009,
2010 and 2011.
C. Consider approval of an agreement between the city
of Coppell and the Wilson Family, and authorizing
the City Manager to sign.
D. Consider approval of an Ordinance abandoning two
drainage easements and a grade-to-drain easement
located in the J.A. Simmons Survey, Abstract No.
1296, southwest corner of Denton Tap and Bethel
Road, as described in Exhibits "A", "B" and "C"
attached hereto; reserving all existing easement
rights of others, if any; and authorizing the Mayor to
sign and to execute any necessary documents.
Action:
Councilmember Tunnell moved to approve Consent Agenda
Items A; B carrying Resolution No. 2008-0708.1; C; and D
carrying Ordinance No. 2008-1201. Councilmember
Hinojosa-Flores seconded the motion; the motion carried 7-0
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with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and
Hunt voting in favor of the motion.
10. Consider approval of the Fire Station No. 1, Lot 1 Block 1,
Site Plan Amendment, to allow a 4,900-square-foot
building with four (4) bay doors for storage and vehicle
parking, on 3.64 acres of property located on the existing
fire station site at 520 Southwestern Boulevard.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Action:
Mayor Pro Tem Franklin moved to approve the Fire Station No. 1,
Lot 1 Block 1, Site Plan Amendment, to allow a 4,900-square-foot
building with four (4) bay doors for storage and vehicle parking, on
3.64 acres of property located on the existing fire station site at
520 Southwestern Boulevard. Councilmember Peters seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Faught and Hunt voting in favor of the motion.
11. 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.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
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Alicia Rhymer, representing the applicant, made a presentation to
the Council.
Mike Ruelle, representing the applicant, made a presentation to
the Council.
Bill Dahlstrom, representing the applicant, made a presentation to
the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
Mayor Stover convened into Executive Session at 8:33 p.m. Mayor
Stover adjourned the Executive Session at 8:47 p.m. and reopened
the Regular Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Tunnell moved to close the Public Hearing and
deny 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. Councilmember Faught seconded the motion;
the motion carried 7-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Faught and Hunt voting in favor of denying the item.
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12. PUBLIC HEARING:
Consider approval of Case No. PD-209R2-C, TownOaks
Centre, a zoning change request from PD-209R-C (Planned
Development-209-Revised-Commercial) to PD-209R2-C
(Planned Development-209-Revision 2-Commercial) to
allow the re-occupancy of an existing vacant restaurant
building for two restaurants (Chipotle and Mooyah
Burgers and Fries) requiring variances to the Zoning
Ordinance including: the incorporation of metal standing
seam awnings on three facades; two outdoor patio areas
encroaching into the required setback areas, a monument
sign to be setback ten feet from the property line, and
sign variances on property located at the southeast
corner of Sandy Lake Road and Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Alen Hinckley, representing the applicant, made a presentation to
the Council.
Ryan Bills, representing the applicant, addressed questions from
the Council.
Bob Anderson, representing the applicant, addressed questions
from the Council.
Stephan Sahayda, representing the applicant, addressed questions
from the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and
approve Case No. PD-209R2-C, TownOaks Centre, a zoning change
request from PD-209R-C (Planned Development-209-Revised-
Commercial) to PD-209R2-C (Planned Development-209-Revision
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2-Commercial) to allow the re-occupancy of an existing vacant
restaurant building for two restaurants (Chipotle and Mooyah
Burgers and Fries) requiring variances to the Zoning Ordinance
including: the incorporation of metal standing seam awnings on
three facades; two outdoor patio areas encroaching into the
required setback areas, a monument sign to be setback ten feet
from the property line, and sign variances on property located at
the southeast corner of Sandy Lake Road and Denton Tap Road,
subject to the following modified conditions:
1) Metal awnings being replaced with canvas, or a lusterless,
non-metal material that closely resembles canvas, at least 98
percent of which is a single deep or neutral solid color. The
same awning color shall be used for both restaurants. The
umbrellas can be maroon and red.
2) The face of the monument sign to be red letters with bronze.
3) The patio shall consist of decorative metal railings instead of
mesh.
4) Five foot sidewalks being provided along Denton Tap Road
and Sandy Lake Road, and a sidewalk easement to be
provided along Sandy Lake Road.
5) Awnings must be fabric instead of metal.
Councilmember Faught seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
13. PUBLIC HEARING:
Consider approval of Case No. PD-229R-LI, Minyard
Addition (KTR Capital), a zoning change request from PD-
229-LI (Planned Development-229-Light Industrial) to PD-
229R-LI (Planned Development-229 Revised-Light
Industrial) to allow a revised monument sign plan
including revisions to the location, design and size of four
(4) monument signs on 79.53 acres of property, located at
the southwest corner of Freeport Parkway and Bethel
Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Richard Nordyke, representing the applicant, addressed questions
from the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Mayor Pro Tem Franklin moved to close the Public Hearing and
approve Case No. PD-229R-LI, Minyard Addition (KTR Capital), a
zoning change request from PD-229-LI (Planned Development-229-
Light Industrial) to PD-229R-LI (Planned Development-229
Revised-Light Industrial) to allow a revised monument sign plan
including revisions to the location, design and size of four (4)
monument signs on 79.53 acres of property, located at the
southwest corner of Freeport Parkway and Bethel Road, subject to
the following condition:
1) Industrial Park Industrial sign on the north east corner of the
property should be outside of drainage easement and away from
10" waterline. Refer to Bethel Rd. construction plans.
Councilmember Brancheau seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of Case No. PD–233-R, Coppell Vision
Center, a zoning change request from SF-12 (Single
Family-12) to PD-233-R (Planned Development-233-Retail)
to allow the construction of a 2,600-square-foot medical
office on 0.434 acres of property located at the southeast
corner of Sandy Lake and Nash Road, 541 East Sandy
Lake Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Mardy Brown, representing the applicant, addressed questions
from the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Councilmember Hinojosa-Flores moved to close the Public Hearing
and approve Case No. PD–233-R, Coppell Vision Center, a zoning
change request from SF-12 (Single Family-12) to PD-233-R
(Planned Development-233-Retail) to allow the construction of a
2,600-square-foot medical office on 0.434 acres of property located
at the southeast corner of Sandy Lake and Nash Road, 541 East
Sandy Lake Road, subject to the following condition:
1) Applicant is allowed the removal of the cottonwood trees located
on the property without paying the tree retribution.
Mayor Pro Tem Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
15. Consider approval of the CiCi’s Addition No. 1, Site Plan
Amendment, to allow the construction of an approximate
6,700-square-foot expansion along the north side of the
existing office/warehouse building, on 5.14 acres of
property located at 1080 W. Bethel Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council for Items 15 & 16.
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Page 10 of 14
Brian Jaffe, representing the applicant, addressed questions from
the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and
approve:
Item No. 15:
The CiCi’s Addition No. 1, Site Plan Amendment, to allow the
construction of an approximate 6,700-square-foot expansion along
the north side of the existing office/warehouse building, on 5.14
acres of property located at 1080 W. Bethel Road, subject to the
following conditions:
1) All parking shown on the Site Plan and relocation of the firelane
shall be constructed with this phase of development.
2) Contact Larry Redick at (972) 323-8917 to discuss electrical
needs.
3) Tree removal permit will be required prior to start of
construction.
4) Drainage will be evaluated further during engineering plan
review;
And
Item No. 16:
The Cici’s Addition No. 1, Lot 1R, Block 1, Replat, to revise the
location of the fire lane to allow the expansion of the existing
office/warehouse building on 5.14 acres of property located at
1080 W. Bethel Road.
Mayor Pro Tem Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
cm070808
Page 11 of 14
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
16. PUBLIC HEARING:
Consider approval of the Cici’s Addition No. 1, Lot 1R,
Block 1, Replat, to revise the location of the fire lane to
allow the expansion of the existing office/warehouse
building on 5.14 acres of property located at 1080 W.
Bethel Road.
Items 15 & 16 were considered together. Please see Item 15 for the
minutes.
17. Consider approval of the Freeport Parkway R.O.W.
Dedication, Preliminary Plat, to provide the required
right-of-way for the extension of Freeport Parkway, north
of Sandy Lake Road to S.H. 121.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council for Items 17 & 18.
Brian Jaffe, representing the applicant, addressed questions from
the Council.
Action:
Councilmember Peters moved to approve:
Item No. 17:
The Freeport Parkway R.O.W. Dedication, Preliminary Plat, to
provide the required right-of-way for the extension of Freeport
Parkway, north of Sandy Lake Road to S.H. 121;
And
cm070808
Page 12 of 14
Item No. 18:
The Freeport Parkway R.O.W. Dedication, Final Plat, to provide the
required right-of-way for the extension of Freeport Parkway, north
of Sandy Lake Road to S.H. 121.
Councilmember Brancheau seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
18. Consider approval of the Freeport Parkway R.O.W.
Dedication, Final Plat, to provide the required right-of-
way for the extension of Freeport Parkway, north of
Sandy Lake Road to S.H. 121.
Items 17 & 18 were considered together. Please see Item 17 for the
minutes.
19. Consider approval of City of Coppell Change Order #9 to
the Bethel Road Project #ST 99-05 in the amount of
$120,836.68 as provided for in CIP funds; and authorizing
the City Manager to sign and execute any necessary
documents.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Hunt moved to approve City of Coppell Change
Order #9 to the Bethel Road Project #ST 99-05 in the amount of
$120,836.68 as provided for in CIP funds; and authorizing the City
Manager to sign and execute any necessary documents.
Councilmember Peters seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
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Page 13 of 14
20. Mayor and Council Reports.
A. Report by Mayor Stover regarding 4th of July
Activities.
A. Mayor Stover spoke regarding the July 4th activities and
Town Center Plaza Dedication.
21. Necessary action resulting from Work Session.
There was no action necessary under this item.
At this time, Mayor Stover reconvened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
22. Reconvene 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.
Mayor Stover reconvened into Executive Session at 10:29 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 11:17 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
23. Necessary action resulting from Executive Session.
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Page 14 of 14
Presentation:
Robert Hager, city Attorney, read a motion into the record.
Action:
Councilmember Peters moved to approve a mineral lease with Chief
Exploration and Development, LLC on municipal owned property
located at Moore Road south of Sandy Lake Road and Hunterwood
Park in the Hunterwood subdivision; and, authorize the Mayor to
sign. Councilmember Hunt seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm071008
Page 1 of 2
MINUTES OF JULY 10, 2008
The City Council of the City of Coppell met in Budget Work Session on
Thursday, July 10, 2008 at 6:00 p.m. in the 2nd Floor Conference Room
of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present was City Manager Jim Witt and Deputy City Manager Clay
Phillips.
BUDGET WORKSHOP (Open to the Public)
1. Debt Service Fund.
A. Summary.
B. Proposed Bond Issuance.
2. General Fund Analysis.
A. Revenue Summary.
B. Expenditure Summary.
C. Service Organization Allocation.
D. Capital Outlay Detail.
E. Personnel Additions.
EXECUTIVE SESSION (Closed to the Public)
3. Convene Executive Session
A. Section 551.072, Texas Government Code –
Deliberation regarding Real Property.
1. Land Purchase West of MacArthur and South of
Beltline.
cm071008
Page 2 of 2
Mayor Stover convened into Executive Session at 7:33 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 8:42 p.m.
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:
City Secretary
July 22, 2008
9/B
✔
PROCEDURAL
Consider approval of accepting the resignation of John Fox from the Planning & Zoning Commission.
John Fox has submitted his letter of resignation from the Board. Staff recommends not filling the vacant position until
new appointments are made in September.
Staff recommends accepting the resignation and leaving the position
vacant until new appointments are made in September.
%pzresignation
ISHMAEL
Fox
RASANSKY
A Limited Liability Partnership
5440 Harvest Hill Road
Suite 185
Dallas,Texas 75230
July 7,2008
972-387-0390 tel
972-233-2097 fax
R.EDWARD ISHMAEL,JR.
Attorney at Law
JOHN C.FOX
Attorney at Law
JERALD M.RASANSKY
Attorney at Law
Jim Witt
City Manager
City of Coppell
255 Parkway
Coppell,Texas 75019
Gary Sieb
Director of Planning
City of Coppell
255 Parkway
Coppell,Texas 75019
Re:Notice of Resignation
Dear Jim and Gary,
CITY MANAGER
CITY OF COPPELL
It is with much pain and regret that I must inform you of my
resignation from the City of Coppell Planning and Zoning Commission.
Business-related events have forced a relocation of my family outside of
the city limits.Accordingly,I am no longer qualified to serve as a
commISSIOner.
I will always look back fondly on my experience in serving on the
board and have only the upmost respect for the two of you as exemplary
public servants and the same goes for Marcie,Matt,and Juanita in the
Planning Depadment.
Please pass along my regrets to all my former fellow
commissioners,Mayor Stover and all of the City Council Members.
Best Wishes to all of you and to the City of Coppell in the future.
truly yours,h
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
July 22, 2008
10
✔
CONTRACT/BID or PROPOSAL
Consider approval to purchase twelve (12) AutoCITE (automatic citation) issuance devices in the amount of $75,478 to
be purchased from funds in the Police Forfeiture/Seizure fund; and authorizing the City Manager to sign.
The Police Department currently has five (5) of the AutoCITE devices that are utilized by the Traffic Division. The
addition of twelve (12) AutoCITE devices will permit the Coppell Police Department to provide electronic ticket writers
to the Patrol Division and relieve court personnel of doing manual data entry of paper citations.
Funds are available in the Police Forfeiture/Seizure fund for this purchase.
Staff recommends approval.
)AutoCITE
MEMORANDUM
TO: Roy Osborne, Chief of Police.
FROM: Derrick Watson, Lieutenant.
DATE: 05-15-2008.
REF: Additional AutoCITE Series X3 quote.
Attached to this memorandum is a quote for twelve additional AutoCITE (automatic citation)
issuance devices. The X3 is the company's replacement for the AutoCITE S4 currently utilized
by Coppell traffic officers. Notable improvements include longer citations for easier to read
data; color monitor screens; bar code readers (an increasingly common technology on driver's
licenses for containing driver data); digital cameras (for capturing offender face or radar speed);
voice recorder; more ergonomic design (easier to hold in the hand); faster download time (USB
cabling verses previous telephone wire). It is of note that the S4 is no longer manufactured by
AutoCITE but that the device is still usable with X3 software and we can continue to use both
citation writers to deliver data.
Traffic Officers and the Patrol Lieutenant have examined this technology in person, as presented
by AutoCITE and found it to be an improvement over the current writers.
AutoCITE is already our vendor of choice for providing electronic ticket writer data to the
Municipal Court Record System. AutoCITE technology has proven to be reliable, rugged and
effective over the past three years. AutoCITE maintenance (when needed) has been timely and
effective. Twelve additional AutoCITEs will permit the Coppell Police Department to field
electronic ticket writers to the patrol division and relieve court personnel of having to do manual
data entry of paper citations.
Thank you for your consideration in this matter.
From: Bill Hyde
UNIT TOTAL
QUANTITY PRICE PRICE
12 3,500 42,000
12 450 5,400
12 550 6,600
12 450 5,400
2 1,000 2,000
13 150 1,950
1 7,000 7,000
1 3,000 3,000
-
2 included included
included
1 2,128 2,128
1
1 - Color Monitor (SVGA) 800x600 min. res.
75,478
7. AutoCITE PC Host Computer System:
1 - Laser Printer
To be Supplied
Signature Capture - Included
6. Traffic Citation printing (15,200 two part)
Magnetic Stripe Reader
All additional customization and/or programming will be at the rate of $150/hour.
One days labor cost of $500 will be incurred for travel time.
* Minimum Memory and Hard Disk Storage Requirements
TOTAL AutoCITE System PURCHASE:
Digital Color Camera
Bar Code Reader 2D
by the agency
WIN XPPro Oper. Sys. w/.net framework
1 - 10GB Free Space
1 - USB Port 2.0
1 - CD ROM Drive
PENTIUM 4 3.0 GHz CPU
1 - GB* Main Memory
Traffic Citation Issuance
Coppell, TX
Attn: Lt. Watson Purchase Quotation
ITEM or SERVICE
1. AutoCITE Series X3
Handheld Computer w/Voice Recorder
May 7, 2008
5. Travel & Lodging Expenses Per Trip
Server Version, ORACLE or MS/SQL Data Base Server Software & NT Network
Task Manager (Included)
Windows 2000PE & XPPro Stand-Alone or Client Versions. For Network
must be provided by Agency.
($500/day/trainer)
4. Training and Installation
2. USB Charger/Multiplexer (6 ports each)
3. AutoISSUE.net Host with:
including RJ45 cords
Single User Charger (auto)
Network Version (5 Users)
All current functionality (Included)
ADDITIONAL HARDWARE, SOFTWARE and EQUIPMENT OPTIONS
AutoCITE Handhelds: Unit Price
1. X3 w/Voice recorder 3,500
2. X3 w/Magnetic Stripe Reader 3,950
3. X3 Color Digital Camera 550
4. X3 Bar Code Scanner (2D or 1D) 450
AutoISSUE Applications: Unit Price
1. Parking Citations 6,000
2. Traffic Tickets 6,000
3. Municipal Citations 6,000
4. Code Enforcement 6,000
5. Public Contact 4,000
6. Transit Violations 4,000
7. Field Investigations 4,000
8. Abandoned Vehicles 4,000
9. Animal Violations 4,000
10. Signature Capture 2,000
11. Diagrams 2,000
AutoISSUE Special Function Subsystems: Unit Price
1. Time Limit Marking 1,000
2. Parking Permit Cross Reference 1,000
3. Meter/Location Matrix 1,000
4. Broken Meter Reporting 1,000
5. Damaged Sign Reporting 1,000
6. Officer Activity Logging 1,000
7. Visitor Information 1,000
8. Barcode Printing on Citations (1D) 1,000
9. OCR Printing 2,000
10. Witness Forms 2,000
11. Warnings Tracking 2,000
12. Manual Data Entry (per form) 2,000
13. Habitual Offender Escalation 8,000
14. Network Server Version (up to 5 users) 3,000
($200 per user over 5 users) ORACLE or MS/SQLsupplied by Agency
AutoCITE Accessories & Related Equipment Unit Price
1. AutoCITE Cover Case w/Belt Clip 75
2. Single User Charger (auto or wall) 150
3. Stylus (3 pack) 12
COST ESTIMATE for SUPPLIES
1. citation envelopes 15,000 $960
(paper products are best estimates and are subject
to printer price changes. Weather proof and non-tear
paper are also available along with volume discounts)
EQUIPMENT and SOFTWARE PURCHASED SYSTEMS ONLY
WARRANTIES and MAINTENANCE on d-tird 1st Year at No Charge
After 1st Year
1. AutoCITE X3 $ 400 per year each unit
2. Magnetic Stripe Reader $ 50 per year each unit
3. Digital Color Camera $ 50 per year each unit
4. Bar Code Scanner $ 100 per year each unit
5. USB Charger/Multiplexers $ 50 per year each unit
6. AutoISSUE Systems $ 10% of system cost per year
DELIVERY and PAYMENT SCHEDULE
One-third of all hardware, software, training and travel expenses will be invoiced at time of order
One-third will be invoiced upon delivery of hardware.
One-third will be invoiced upon implementation and training, or 45 days from order if sooner.
A 1.5% late fee per month will be charged after 30 days from invoice.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
City Manager's Office
July 22, 2008
11
✔
CONTRACT/BID or PROPOSAL
Consider approval of authorizing the City Manager to enter into a development agreement by and between the
Coppell Economic Development Foundation and the City of Coppell for purposes of historic preservation in order to
enhance Economic Development in Old Coppell and authorizing the City Manager to sign.
The City will highlight part of Coppell's history in Old Coppell by preserving and showcasing two very important
buildings to the City: the Kirkland House and the Minyard's Store. The City purchased the Kirkland House in December
2006, and the Minyard family donated the Minyard's store to the City in 2008. Renovations to restore the Kirkland
House to its original condition will begin this Fall, and the Minyard's store will be relocated to a permanent location this
Fall. These projects will be turned over to the Economic Development Foundation, and this agreement gives the
Foundation the authority to oversee the projects.
Consider and authorize the City Manager to enter into a development
agreement by and between the Coppell Economic Development
Foundation and the City of Coppell for purposes of historic
preservation in order to enhance Economic Development in Old
Coppell.
!Old Coppell - 1AR
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE COPPELL ECONOMIC DEVELOPMENT FOUNDATION CORPORATION
AND THE CITY OF COPPELL, TEXAS
This Development Agreement (“Agreement”) is made to be effective as of the __ day of
___________, 2008, by and between the CITY OF COPPELL, TEXAS (the “City”), and THE
COPPELL ECONOMIC DEVELOPMENT FOUNDATION (the “Developer”), acting by and through their
duly authorized representatives.
R E C I T A L S:
WHEREAS, the Developer and city have an interest in preserving Coppell History; and
WHEREAS, City and Developer believe they should work together towards the common
goal to renovate the Kirkland House and Minyards Building;; and
WHEREAS, the parties desire to enter into an agreement pursuant to TEXAS LOCAL
GOVERNMENT CODE, Section 212.071 et seq., relating to the design and construction of the
Project described herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants
contained herein and other valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the City and Developer agree as follows:
ARTICLE I.
TERM; PRIOR DEVELOPMENT AGREEMENTS
1.1 Term. The term of this Agreement shall commence on the last date of execution of this
Agreement (the “Effective Date”), unless sooner completed or terminated as provided herein.
ARTICLE II.
DEFINITIONS
2.1 “Affiliate” shall mean with respect to a specified person or entity, any person or entity
that directly or indirectly controls, is controlled by, or is under common control with, the specified
person or entity; any person or entity that directly or indirectly owns an ownership interest in the entity;
and any entity in which such person or entity owns an interest; and any person or entity managed by,
managing, or under common management with, such specified person or entity. As used in this
definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause
the direction of the management and policies of an entity, whether through ownership of voting
securities, by contract or otherwise.
2.2 “Applicable Laws” shall mean the federal and laws of the State of Texas, codes,
ordinances, and regulations administered by the City applicable by their terms to a construction or
development project described in this Agreement.
DEVELOPMENT AGREEMENT PAGE 1
2.3 “City” shall mean the city of Coppell, Texas.
2.4 “Developer” shall mean The Coppell Economic Development Foundation Corporation.
2.5 “Developer Affiliate” shall mean a person, real or corporate, partnership, limited liability
company, corporation, trust, or other legal entity which is an Affiliate, as defined herein, of the
Developer.
2.6 “Effective Date” shall mean the last date of execution of this Agreement.
2.7 “Force Majeure” shall have the meaning set forth in Section 8.7.
2.8 "Project Specifications" shall mean specifications meeting or exceeding the specifications
for the Project.
ARTICLE III.
GENERAL TERMS OF THE CONSTRUCTION
3.1 Compliance with Applicable Law. The projects provided herein shall be designed in
compliance with Applicable Laws in effect at the time of design, construction and acceptance.
3.2 Construction Within City Rights-of-Way. All construction within rights-of-way and
easements shall be subject to inspection and approval of the City to the same extent as a permitted
construction project in accordance with Applicable Laws. The City shall be named as a third party
beneficiary or party to any construction and engineering contracts to construct the Project,
provided that all rights of the City in such capacity will apply only after default by Developer
under this Agreement and City's exercise of the right to assume construction of the Project as
provided herein. The City must be given forty-eight (48) hours notice by the contractor before
commencing any such work, including construction, excavation, maintenance, or other work, under this
Agreement within City rights-of-way and easements. Any work conducted without coordination of City
inspection is subject to being removed, reduced, or reconstructed at the cost of the Developer. Nothing
contained herein shall act as an estoppel from enforcement of any applicable ordinances.
3.3 The City will provide $201,884.79 (Two Hundred One Thousand Eight Hundred Eighty
Four Dollars and Seventy Nine Cents).
3.4 Developer shall move the Kirkland House and Minyards Building to the Wilson Property and contract for
the restoration of both.
DEVELOPMENT AGREEMENT PAGE 2
TM 29042
ARTICLE IV.
DEFAULT AND REMEDIES
4.1 Notice of Default. If either party shall claim the other party to this Agreement is in
default of any obligation hereunder, before pursuing any remedy for such default, such party shall notify
the other party, specifying the alleged default, and allow such party fifteen (15) days (in the case of
monetary default) and sixty (60) days (in the case of any other default) within which to cure such
default.
4.2 Termination. Either party may terminate this Agreement if the other party breaches any
of the terms and conditions of this Agreement, and such breach is not cured by such party within the
applicable cure period.
4.3 Attorneys' Fees. In the event that any party hereto brings an action or proceeding for a
declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach
or default of, or any other action arising out of, this Agreement or the transactions contemplated hereby,
the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any court costs incurred
and in addition to any other damages or relief awarded. This provision will survive the termination of
this Agreement.
ARTICLE V.
MISCELLANEOUS
5.1 Compliance with Laws. Developer shall fully comply with all local, state and federal
laws, including all Applicable Laws, applying to the subject matter of this Agreement.
5.2 Successors and Assigns. All obligations and covenants of the Developer under this
Agreement shall be binding on the Developer, and its successors and assigns. Developer may not assign
this Agreement or its rights and interests therein prior to final completion and dedication of the Project
System without the prior written consent of the City. Thereafter, after notice to City, assignment shall
be permissible. If Developer or Developer's Affiliates shall assign any portion of the Property to a third
party in connection with a sale of Austin Ranch real property, the assigning party shall notify City and
City shall cooperate in executing and delivering an estoppel certificate for the benefit of Developer,
Developer's Affiliate, the transferee, and the transferee's lender, reflecting the status of this Agreement
and Developer's default-free standing hereunder (or specifying such default or act or omission which
might constitute a default with the expiration of applicable cure periods, if City shall claim that a default
exists), as well as the used and unused transmission capacity in the Project System per City records,
using the perimeters in this Agreement.
5.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall be enforceable and
shall be enforces as if the parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase or word.
5.4 Governing Law. The validity of this Agreement and any of its terms and provision, as
well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and
DEVELOPMENT AGREEMENT PAGE 3
TM 29042
venue for any action concerning this Agreement shall be in State District Court of Denton County,
Texas.
5.5 Entire Agreement. This Agreement embodies the complete agreement of the parties
herein, superseding all oral or written, previous and contemporary agreements between the parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified
without written agreement of the parties to be attached to and made a part of this Agreement. In the
event there is a conflict in the interpretation of any written portion of this Agreement and any exhibit
attached hereto, the provisions of the exhibit shall control.
5.6 Force Majeure Delays. If the performance of any obligation hereunder other than
monetary obligations is delayed by reason of riots, material or labor restrictions, natural disasters, war,
civil commotion, acts of God, inclement weather and resulting conditions preventing on-site activity,
governmental restrictions, regulations, or interferences, unreasonable delays by City staff in issuing any
permits or conducting any inspections, unforeseen subsurface or site issues, court injunction or other
legal proceedings, the action or inaction of third parties, or other circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or
perform the same (“Force Majeure”), the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to such design or
construction requirement shall be extended for a period of time equal to the period such party was
delayed, provided that the party is diligently and continuously pursuing a resolution of such delay.
5.7 Notices. All notices, demands, requests, consents. approvals or other communications
(the “Notices”) required or permitted to be given by this Agreement shall be in writing and shall be
either personally delivered, or sent via telecopy with receipt confirmation, or by Federal Express or
other regularly scheduled overnight courier or sent by United States mail, registered or certified with
return receipt requested, properly addressed and with full postage prepaid. Said Notices shall be deemed
received and effective on the earlier of (i) the date actually received (which, in the case of telecopied
notice, shall be the date such telecopy is transmitted with electronic confirmation of receipt) or (ii) three
(3) business days after being placed in the United States Mail as aforesaid.
Notices shall be sent to the parties hereto at the following addresses, unless otherwise
notified in writing:
To City:
Jim Witt, City Manager
City of Coppell
255 Parkway Blvd.
P.O. Box 9478
Coppell, Texas 75019
Facsimile: 972-304-3673
With a copy to:
Mindi Hurley, Economic
Development Coordinator
City of Coppell
255 Parkway Blvd.
P.O. Box 9478
Coppell, Texas 75019
Facsimile: 972-304-3673
With another copy to:
Robert E. Hager, City Attorney
DEVELOPMENT AGREEMENT PAGE 4
TM 29042
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
Facsimile: 214-965-0010
To Developer:
The Coppell Economic Development
Foundation
Att'n: Clay Phillips, Deputy City
Manager
City of Coppell
255 Parkway Blvd., P.O. Box 9478
Coppell, Texas 75019
Facsimile: 972-304-3673
With a copy to:
5.8 Incorporation of Recitals. The determinations recited and declared in the preambles to
this Agreement are hereby incorporated herein as part of this Agreement.
5.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
5.10 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
9.12 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
9.13 Covenants and Representations. Developer represents, warrants and covenants
that it has the authority to: (i) enter into this Agreement and to execute and deliver this Agreement
and (ii) perform and comply with all of the terms, covenants and conditions to be performed and
complied with by the Developer hereunder. The City represents warrants and covenants that it has
the authority to; (i) enter into this Agreement and to execute and deliver this Agreement; and (ii)
perform and comply with all of the terms, covenants and conditions to be performed and complied
with by the City hereunder. All said covenants in this Agreement shall be hereby deemed to run
with the land.
EXECUTED in duplicate originals this the ___ day of ______, 2008.
DEVELOPMENT AGREEMENT PAGE 5
TM 29042
CITY: CITY OF COPPELL, TEXAS
By:
Jim Witt, City Manager
ATTEST:
By:
Libby Ball, City Secretary
APPROVED AS TO FORM:
By:
Robert E. Hager, City Attorney
EXECUTED in duplicate originals this the ___ day of ___________________, 2008.
DEVELOPER: THE COPPELL ECONOMIC DEVELOPMENT
FOUNDATION
By:
Title:
DEVELOPMENT AGREEMENT PAGE 6
TM 29042
CITY’S ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
_____________________, 2008, by Jim Witt, City Manager of the City of Coppell, a Texas
municipality, on behalf of said municipality.
Notary Public, State of Texas
(Seal)
DEVELOPMENT AGREEMENT PAGE 7
TM 29042
DEVELOPER’S ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF __________ §
This instrument was acknowledged before me on the _____ day of
_____________________, 2008, by _______________, ___________________ of The Coppell
Economic Development Foundation on behalf of said corporation.
Notary Public, State of Texas
(Seal)
DEVELOPMENT AGREEMENT PAGE 8
______________________________________________
DEVELOPERS AGREEMENT – PAGE 9 TM 28247.99.000
Exhibits to be attached here
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
July 22, 2008
12
✔
ORDINANCE
Consider approval of an ordinance of the city of Coppell, Texas, the Coppell Code of Ordinances by amending
Article 6-16, Alcoholic beverages, by adding Section 6-16-4 prohibiting alcoholic beverages in all City facilities without
obtaining a special event permit from the City Manager; and by amending Article 9-11, Parks and Recreation Code,
by amending Section 9-11-3, Subsection Q, by adding a provision for the issuance of a special event permit for for City
sponsored events to be issued by the City Manager, and authorizing the Mayor to sign.
Brought forward following discussion on July 8.
Staff recommends approval as discussed on July 8.
!Alcohol
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, THE COPPELL
CODE OF ORDINANCES BY AMENDING ARTICLE 6-16, ALCOHOLIC
BEVERAGES, BY ADDING SECTION 6-16-4 PROHIBITING
ALCOHOLIC BEVERAGES IN ALL CITY FACILITIES WITHOUT
OBTAINING A SPECIAL EVENT PERMIT FROM THE CITY
MANAGER; AND BY AMENDING ARTICLE 9-11, PARKS AND
RECREATION CODE, BY AMENDING SECTION 9-11-3, SUBSECTION
Q, BY ADDING A PROVISION FOR THE ISSUANCE OF A SPECIAL
EVENT PERMIT FOR CITY SPONSORED EVENTS TO BE ISSUED BY
THE CITY MANAGER; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in the interest of public health, safety and welfare, the City of Coppell
desires to regulate the selling, storing, possession or consumption of alcoholic beverages on
property owned and controlled by the City; and
WHEREAS, the City further desires to provide permit requirements for special civic
events sponsored by the City; and
WHEREAS, after discussion and consideration, the City Council hereby finds it to be in
the best interest of the City to amend the Code as provided herein to provide for such regulations
and permitting requirements;
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 Article 6-16, Alcoholic Beverages, by adding Section
6-16-4 prohibiting alcoholic beverages in all City facilities without obtaining a special event
permit from the City Manager for City sponsored events, which shall read as follows:
“ARTICLE 6-16. ALCOHOLIC BEVERAGES
. . . . .
Sec. 6-16-4. City facilities.
A. No person shall sell, store, possess or consume an alcoholic beverage in
any city facility. The term “alcoholic beverage,” as that term is used in this
article, shall be defined as used in the Texas Alcoholic Beverage Code.
B. At a special civic event sponsored by the city, the city manager may grant
a special event permit, for a period not to exceed seventy-two (72) consecutive
hours, for consumption, possession, and/or sale of beer and wine by a person who
has obtained a permit under state law. In issuing such permit the city manager
may designate all or part of the area or city facility for the serving of beverages
under such permit, and shall establish such hours that the beverages may be
dispensed under the permit. A special event permit fee shall be established by
resolution of the City Council.”
SECTION 2. That the Code of Ordinances of the City of Coppell, Texas be and the
same is hereby amended by amending Article 9-11, Parks and Recreation Code, by amending
Section 9-11-3, Subsection Q, by adding a provision for the issuance of a special event permit for
city sponsored events to be issued by the city manager, which shall read as follows:
“ARTICLE 9-11. PARKS AND RECREATION CODE
. . . . .
Q. . . . . . Except that at a special civic event sponsored by the city, the city
manager may grant a special event permit, for a period not to exceed
seventy-two (72) consecutive hour, for consumption, possession, and/or
sale of beer and wine by a person who has obtained a permit under state
law. In issuing such permit the city manager may designate all or part of
the city park or facility located thereon for the serving of beverages under
such permit, and shall establish such hours that the beverages may be
dispensed under the permit. A special event permit fee shall be established
by resolution of the City Council.”
SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
TM 28918.2.000 2
SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 5. That 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 6. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2008
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 06/24/08)
TM 28918.2.000 3
AGENDA REQUEST FORM
DATE: July 22, 2008
ITEM #: 13
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Peters and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters.
E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau
F. Metrocrest Hospital Authority – Councilmember Tunnell.
G. Metrocrest Medical Foundation – Hunt.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Service Center – Hunt.
J. North Texas Council of Governments – Peters.
K. NTCOG/Regional Emergency Management – Franklin.
L. North Texas Commission – Franklin.
M. Senior Adult Services – Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: July 22, 2008
ITEM #: 14
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: July 22, 2008
ITEM #: 15
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: July 22, 2008
Department Submissions:
Item No. 10 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
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)