CP 2009-02-10
NOTICE OF CITY COUNCIL MEETING AND AGENDA
FEBRUARY 10, 2009
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
CLAY PHILLIPS, 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, February 10, 2009, 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. Settlement Offer and Pending Litigation in case styled City of
Coppell, Texas vs. Hassan Khosravi, Cause No. 08-15284.
2. Discussion regarding Procedures Manual.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Discussion regarding Sales Tax Collection.
2. ED Prospects East and West of Beltline/Denton Tap and
south of Bethel Road and north of Sandy Lake Road and
west of Coppell Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Public Improvements in Old Coppell.
B. 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.
6. Pledge of Allegiance.
7. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 27, 2009 & February 3, 2009.
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ITEM # ITEM DESCRIPTION
B. Consider approval of a Resolution calling the General Municipal
Election for Mayor and for Councilmembers Place 2, 4 and 6 for
Saturday, May 9, 2009; authorizing the City Manager to enter into
and sign a Joint Election Agreement and Election Service Contract
with Dallas County Elections Department for conducting the
Municipal Election; and authorizing the Mayor to sign.
C. Consider approval of an ordinance amending the Code of
Ordinances for the City of Coppell Chapter 8, Article 1, Section 1 (a)
of the Code of Ordinances; making it unlawful to park, stand, or
stop a vehicle at all times on the east side of Chateaus Drive from its
point of intersection with Bethel Road to its point of intersection with
Versailles Drive, and prohibiting on-street parking at all times on
Chalais Court on the east side from its point of intersection with
Versailles Drive southward, then to the west side northward back to
the point of intersection to Versailles Drive; and authorizing the
Mayor to sign and execute any necessary documents.
D. Consider approval of an amendment to the design contract
awarded to Freese & Nichols on August 28, 2007 for Project #ST 07-
01, South Coppell Road, in the amount of $23,430.00, as provided
for in CIP funds; and authorizing the City Manager to sign and
execute any necessary documents.
E. Consider approval of an ordinance of the city of Coppell, Texas by
amending Chapter 11 "Industrial Waste," by amending Section 11-2-
5 "Hazardous Metals and Toxic Materials (local limits)," by amending
the local limits from 0.2 MG/1 Molybdenum to 0.8 MG/1
Molybdenum; and authorizing the Mayor to sign.
END OF CONSENT
9. PUBLIC HEARING:
Consider approval of Case No. PD-238-HC, Coppell Office Village, zoning
change request from HC (Highway Commercial) to PD-238-HC (Planned
Development-238-Highway Commercial) to attach a detail site plan to
allow a one-story, 23,200-square-foot office building on 2.02 acres of
property located along the south side of S.H. 121, approximately 400 feet
east of Denton Tap Road.
10. PUBLIC HEARING:
Consider approval of the Coppell Office Village, Lot 1, Block A, Replat, a
replat of the U-Haul Addition, Lot 1, Block 1, to relocate and revise building
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ITEM # ITEM DESCRIPTION
lines, fire lanes and easements to allow the development of an office
building on 2.02 acres of land located along the south side of S.H. 121,
approximately 400 feet east of Denton Tap Road.
11. PUBLIC HEARING:
Consider approval of Case No. PD-228R2-HC, Vista Ridge Retail (Taste of
Market Street), zoning change request from PD-228R-HC (Planned
Development-228 Revision-Highway Commercial) to PD-228R2-HC
(Planned Development-228 Revision 2-Highway Commercial) to allow an
internally lit LED digital gas price monument sign for the convenience store
with fuel sales and drive-through on approximately 1.19 acres of property,
approximately 200 feet north of the northeast corner of S.H. 121 and
Denton Tap Road.
12. Consider approval of an ordinance amending Chapter 1, "Administration,"
of the Code of Ordinances by adding Section 1-10-13, "Rules of Procedure
for Appeals of Municipal Infrastructure Cost Apportionment
Determinations;" and authorizing the Mayor to sign.
13. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Councilmember Tunnell regarding Elected Officials
Roundtable with Joe Gonzales, Bryan, Tx.
14. Necessary action resulting from Work Session.
15. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 6th day of February, 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
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM
DATE: February 10, 2009
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Settlement Offer and Pending Litigation in case styled City of Coppell,
Texas vs. Hassan Khosravi, Cause No. 08-15284.
2. Discussion regarding Procedures Manual.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. Discussion regarding Sale Tax Collection.
2. ED Prospects east and west of Beltline/Denton Tap and north and south of
Bethel Road and north of Sandy Lake Road and west of Coppell Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: February 10, 2009
ITEM #: WS-3
WORK SESSION
A. Discussion regarding Public Improvements in Old Coppell.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
AGENDA REQUEST FORM
DATE: February 10, 2009
ITEM #: 7
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
February 10, 2009
8/A
✔
PROCEDURAL
Consider approval of minutes: January 27, 2009
February 3, 2009
Minutes of the City Council meetings held on January 27, 2009 and February 3, 2009.
Staff recommends approval.
%minutes
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MINUTES OF JANUARY 27, 2009
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, January 27, 2009 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 Clay Phillips, 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 (Open to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. Discussion regarding Northlake Settlement.
2. Discussion regarding Procedures Manual.
Mayor Stover convened into Executive Session at 5:42 p.m. as
allowed under the above-stated article. Mayor Stover recessed the
Executive Session at 6:32 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Review of FY07-08 Audit.
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REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Rod Collver of Living Hope Church led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Presentation by Senior Adult Services.
Greg Gerendas, Executive Director, made a presentation to
Council.
8. Report by Coppell Economic Development Committee.
Bill Rohloff, Chair, made a presentation to Council.
9. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 13, 2009.
B. Consider approval of a Resolution approving a Tax
Abatement Agreement between the City of Coppell
and American Homes Mortgage Servicing, Inc., and
authorizing the Mayor to sign.
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C. Consider approval of a Resolution approving an
Amended and Restated Tax Abatement Agreement
between the City of Coppell and Duke Realty
Limited Partnership, and authorizing the Mayor to
sign.
D. Consider approval of an ordinance amending the
Code of Ordinances for the City of Coppell Chapter
8, Article 1, Section 1 (A) of the Code of Ordinances;
making it unlawful to park, stand, or stop a vehicle
at all times on the east side of Chateaus Drive
adjacent to Lots 42, 43, 50, and 51, and prohibiting
on-street parking adjacent to Lots 1X and 4X, as
denoted on the official plat for the Chateaus of
Coppell subdivision; and authorizing the Mayor to
sign and execute any necessary documents.
E. Consider approval of an ordinance amending the
Code of Ordinances, Chapter 1, Article 1.4, Section
1-4-2 entitled "Street Name Changes" by adding
paragraph 'S' to rename Village Drive, between
MacArthur Boulevard and Raintree Circle in the
Raintree Village subdivision, to Samuel Boulevard;
and authorizing the Mayor to sign and execute any
necessary documents.
F. Consider approval of a resolution of the City Council
of the City of Coppell, Texas adopting the Dallas
County Local Mitigation Strategy for the purpose of
meeting compliance goals of the Federal Emergency
Management Administration (FEMA) Hazard
Mitigation Action Plan (HAZMAP) requirements and
authorizing the Mayor to sign.
Mayor Stover advised that Item D had been pulled from the Agenda.
Action:
Councilmember Hinojosa-Flores moved to approve Consent Agenda
Items A, B carrying Resolution No. 2009-0127.1, C carrying
Resolution No. 2009-0127.2, E carrying Ordinance No. 2009-1218
and F carrying Resolution No. 2009-0127.3. Mayor Pro Tem
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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.
11. Consider approval of the Comprehensive Annual Financial
Report for the fiscal year ending September 30, 2008.
Presentation:
Jennifer Miller, Director of Finance, introduced the Auditor to the
Council.
Ben Kohnle, representing the Auditor, made a presentation to the
Council.
Action:
Mayor Pro Tem Franklin moved to approve the Comprehensive
Annual Financial Report for the fiscal year ending September 30,
2008. 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.
12. Consider approval of a resolution of the City Council of
the City of Coppell, Texas, Supporting the Regional
Transportation Council's Legislative program for the 81st
Texas Legislature; and authorizing the Mayor to sign.
Presentation:
Clay Phillips, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to approve Resolution No.
2009-0127.4 of the City Council of the City of Coppell, Texas,
Supporting the Regional Transportation Council's Legislative
program for the 81st Texas Legislature; and authorizing the Mayor
to sign. Councilmember Hunt seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Franklin and Councilmembers
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Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt
voting in favor of the motion.
13. Mayor and Council Reports.
A. Report by Mayor Stover regarding May 9th Election.
B. Report by Mayor Stover regarding the Chamber
Luncheon.
C. Report by Mayor Stover regarding the Market Street
Grand Opening.
A. Mayor Stover reported on the May 9th Election for Places 2,
4, 6 and the Mayor. The Mayor announced he will not be
seeking re-election. Filing begins February 7 through
March 9.
B. Mayor Stover reported on the Chamber Luncheon and their
guest speaker, Scott Murray.
C. Mayor Stover reported on the Market Street Grand Opening.
The Mayor thanked Market Street for choosing Coppell and
knows they will be a great participant in the community.
14. 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. DFW Airport Board – Peters.
F. International Council for Local Environmental
Initiatives (ICLEI) – Brancheau
G. Metrocrest Hospital Authority – Tunnell.
H. Metrocrest Medical Foundation – Hunt.
I. Metrocrest Medical Services – Hinojosa-Flores.
J. Metrocrest Social Service Center – Hunt.
K. North Texas Council of Governments – Peters.
L. NTCOG/Regional Emergency Management –
Franklin.
M. North Texas Commission – Franklin.
N. Senior Adult Services – Faught.
A. Councilmember Tunnell reported the Lewisville Winter
Classic Chess Tournament will be held on Saturday,
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January 31. Lewisville will be hosting a Book Sale on
February 2. Carrollton-Farmers Branch will be hosting a
Book Sale on February 26 through March 1. Ranchview
Orchestra has a performance scheduled for March 4.
B. Councilmember Peters announced the CISD Bond Advisory
Committee has been meeting on several options and will
have recommendations ready for the May election. CISD has
also been updating their strategic plan and has received
authorization to offer a two year IB program in the Fall
2009.
C. Councilmember Faught informed the Council that the Senior
Center’s new Center Manager is Lacey McKinney. She is
replacing Ester Moreno who is moving over to the
Aquatic Center. The Senior Luncheon will be held on
January 28, the Super Bowl Party will be held on
February 1, the Valentine’s Day Luncheon will be held on
February 11 and the Fat Tuesday celebration will be held on
February 24.
D. Councilmember Peters stated the Legislature is in session.
The Coalition will be making their trip to Austin on March 25
and will make a presentation to the Transportation Council
on March 26.
E. Nothing to report.
F. Councilmember Brancheau reported that the City of Coppell
hosted the ICLEI Texas Network Luncheon on January 23.
Representatives from the cities of Grapevine, Dallas, Plano
and Arlington were in attendance, with the cities of El Paso
and Austin calling in on conference call. Upcoming events
include: The Sustainable Communities Conference
scheduled for March 9-11 in Dallas; the ICLEI one-day
Regional Workshop for Members and Elected Officials will be
in late March/early April; the Plano Live Green Expo is
scheduled for April 18; the National Conversation on Climate
Action will be held on April 22; the Local Climate Leadership
Summit will be held May 18-20 in Washington DC and the
ICLEI World Congress 2009 will be held in Edmonton,
Canada.
G. Councilmember Tunnell said the Metrocrest Hospital
Authority is in negotiations with Baylor Hospital over
managing Trinity Hospital.
H. Nothing to report.
I. Nothing to report.
J. Councilmember Hunt stated Metrocrest Social Services
serviced over 900 families during the holidays. They also
wanted to remind everyone that January is a great month to
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clean the closets and make donations to the Thrift Center.
The Annual Keyholder’s Breakfast will be held on April 2.
K. Nothing to report.
L. Mayor Pro Tem Franklin attended the meeting on
December 11 and commented on the presentations given on
city’s readiness and future in bioterrorism.
M. Nothing to report.
N. Nothing to report.
At this time, Council reconvened into Work Session, followed by
Executive Session.
WORK SESSION (Open to the Public)
3. Reconvene Work Session
B. Review of Non-Profit Funding Application Process.
C. Discussion regarding Activity Programming at Town
Center Plaza.
D. Discussion regarding the 2009 Work Plan.
EXECUTIVE SESSION (Closed to the Public)
2. Reconvene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
3. Eminent Domain – City of Coppell vs. Hassan
Khosravi.
B. Section 551.087, Texas Government Code –
Economic Development Negotiations.
1. ED Prospects west of Denton Tap and north
and south of Bethel Road.
Mayor Stover reconvened into Executive Session at 8:43 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 9:46 p.m. and opened the Regular
Session.
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REGULAR SESSION (Open to the Public)
15. Necessary action resulting from Work Session.
There was no action necessary under this item.
16. Necessary action resulting from Executive Session.
Presentation:
Clay Phillips, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to authorize the City Manager to
execute the second amendment of the Northlake Property Contract
of Purchase and Sale in lieu of Eminent Domain, and to the
Settlement Agreement to extend for sixty days the utility
commitment deadline. Councilmember Hinojosa-Flores 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
MINUTES OF FEBRUARY 3, 2009
The City Council of the City of Coppell met in Special Called Session on
Tuesday, February 3, 2009, at 7:00 a.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 (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Clay Phillips, City Secretary Libby Ball and
City Attorney Robert Hager.
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(1), Texas Government Code -
Consultation with City Attorney.
1. Settlement Offer and Pending Litigation in case
styled City of Coppell, Texas vs. Hassan Khosravi,
Cause No. 08-15284.
Mayor Stover convened into Executive Session at 7:09 a.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 7:42 a.m. and opened the Special Session.
Councilmember Hinojosa-Flores arrived during Executive Session.
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SPECIAL SESSION (Open to the Public)
3. Convene Special Session.
4. Necessary action resulting from Executive Session.
Action:
Councilmember Tunnell moved to authorize the City Attorney to enter a
Special Commissioner Award in the amount of $430,000 for acquisition
by Eminent Domain and entry of Judgment in Cause No. 08-15284,
styled City of Coppell vs. Hassan Khosravi, real property located at 462
Bethel Road, Coppell, Texas. 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.
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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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 Secrtary
February 10, 2009
8/B
✔
RESOLUTION
Consider approval of a Resolution calling the General Municipal Election for Mayor and for Councilmembers Place 2,
4 and 6 for Saturday, May 9, 2009; authorizing the City Manager to enter into and sign a Joint Election Agreement and
Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and
authorizing the Mayor to sign.
Staff recommends approval.
%callelection
RESOLUTION NO. ___________________
ORDER OF GENERAL ELECTION
May 9, 2009
BE IT REMEMBERED THAT on this the 10th day of February, 2009, at a meeting of
the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called
to order and the Council issued the following order:
IT IS HEREBY ORDERED that an election be held on the 9th day of May, 2009, 7:00
a.m. to 7:00 p.m., for the purpose of electing one Mayor, one Councilmember for Place 2, one
Councilmember for Place 4, and one Councilmember for Place 6. The election shall be held as a
Joint Election administered by the Dallas County Elections Administrator in accordance with the
provisions of the Texas Election Code and a Joint Election Agreement.
The candidate for such office receiving a majority of all votes cast for all candidates for
such office shall be elected to serve such term or until his or her successor is duly elected and
qualified.
In the event any candidate for said office fails to receive a majority of all votes cast for all
the candidates for such office, a run-off election shall be held. If a run-off election becomes
necessary, the run-off election will be held on Saturday, June 13, 2009. The Dallas County
Elections Administrator will conduct the Election.
Page 1
A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed
in accordance with the Joint Election Agreement.
Early voting by personal appearance shall be conducted at the Town Center Atrium, 255
Parkway Boulevard, Coppell, Texas 75019. Early voting will be conducted on weekdays
beginning Monday, April 27, 2009 through Friday, May 1, 2009, 8:00 a.m. - 5:00 p.m.; Saturday,
May 2, 2009, 8:00 a.m. - 5:00 p.m.; Sunday, May 3, 2009, 1:00 p.m. - 6:00 p.m.; Monday,
May 4, 2009 through Tuesday, May 5, 2009, 7:00 a.m. - 7:00 p.m.
Qualified residents of Coppell may vote early in the Joint Election by personal
appearance at either the Coppell Town Center or at any of the other branch locations, as
published by Dallas County.
Application for a ballot by mail shall be mailed to:
Bruce R. Sherbet
Chief Deputy Early Voting Clerk
Dallas County Elections Department
Health & Human Services Building
2377 N. Stemmons Freeway, Suite 820
Dallas, Texas 75207
Application for ballot by mail must be received no later than the close of business on May 1,
2009.
The City Secretary shall present such returns to the City Council for the canvassing of
said election.
The canvass of said election returns shall be conducted by the City Council not earlier
than the 3rd day nor later than the 11th day after the election.
Page 2
DULY ORDERED by the City Council of the City of Coppell, Texas the 10th day of
February, 2009.
APPROVED:
DOUGLAS N. STOVER, MAYOR
CITY OF COPPELL, TEXAS
ATTEST:
LIBBY BALL, CITY SECRETARY
CITY OF COPPELL, TEXAS
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
Page 3
DECRETO NÚM. ____________________
MANDATO DE CONVOCAR A ELECCIONES GENERALES
9 de mayo de 2009
HÁGASE A MANERA DE RECORDATORIO que en este día 10 del mes de febrero
del año 2009, en una reunión debidamente notificada del Ayuntamiento del Municipio de
Coppell, Texas, estando presente el quórum, la reunión se llamó al orden y el ayuntamiento
promulgó el mandato a continuación:
POR ESTE CONDUCTO SE ORDENA que se convoquen elecciones generales el día
9 de mayo del año 2009, de las 7:00 a.m. a las 7:00 p.m., con el propósito de elegir a un alcalde
del ayuntamiento, a un concejal del ayuntamiento para que ocupe el escaño 2, a un concejal del
ayuntamiento para que ocupe el escaño 4, y a un concejal del ayuntamiento para que ocupe el
escaño 6. Las elecciones deberán llevarse a cabo como una Elección Conjunta administrada por
el Administrador de Elecciones del Condado de Dallas conforme lo establecen las cláusulas del
Código Electoral de Texas y el Convenio de Elecciones Conjuntas.
El candidato para ocupar dicho escaño, a quien se le haya otorgado la mayoría de todos
los votos decisivos para ocupar dicho escaño, será electo para prestar sus servicios durante esa
gestión o hasta que su sucesor(a) sea debidamente electo(a) y llene las cualidades establecidas.
En caso de que cualquier candidato para dicho escaño no logre acumular la mayoría de
los votos decisivos para todos los candidatos a ocupar dicho escaño, se llevará a cabo una
segunda ronda de elecciones posterior a la primaria. Si llegase a ser necesaria una segunda ronda
Página 1
TM 33837.2.000
de elecciones posterior a la primaria, dicha elección se llevará a cabo el sábado 13 de junio del
año 2009. El Administrador de Elecciones del Condado de Dallas será el dirigente de dicha
elección.
Se nombrará a un juez que presidirá los comicios electorales y un juez alterno que
presidirá dichos comicios y conforme lo establece el Convenio de Elecciones Conjuntas.
El ejercicio del voto anticipado, en persona, podrá ejercerse en el atrio del Town Center,
ubicado en el 255 Parkway Boulevard, en Coppell, Texas 75019. El ejercicio del voto anticipado
se ejercerá durante los días hábiles a partir del lunes 27 de abril de 2009 y hasta el viernes 1 de
mayo de 2009, entre las 8:00 a.m. y las 5:00 p.m., el sábado 2 de mayo de 2009 entre las 8:00
a.m. y las 5:00 p.m., el domingo 3 de mayo de 2009 entre la 1:00 p.m. y las 6:00 p.m., el lunes 4
de mayo de 2009, prolongándose hasta el martes 5 de mayo de 2009 entre las 7:00 a.m. y las
7:00 p.m.
Quienes residan en Coppell y cumplan con los requisitos, podrán ejercer el voto en las
Elecciones Conjuntas y en persona, ya sea en las instalaciones de Coppell Town Center o en
cualquier otra casilla electoral, según lo publique el Condado de Dallas conforme lo establece el
Convenio de Elecciones Conjuntas.
Las solicitudes de boletas electorales por correo deberán enviarse a:
Bruce R. Sherbet
Delegado en Jefe de la Secretaria del Voto Anticipado
Departamento de Elecciones del Condado de Dallas
Edificio de Salud y Servicios Humanitarios
2377 N. Stemmons Freeway, Suite 820
Dallas, Texas 75207
La solicitud de boletas electorales por correo deberá recibirse antes del cierre oficial del día de
oficinas del día 1 de mayo de 2009.
Página 2
TM 33837.2.000
La Secretaria del Ayuntamiento deberá presentar las boletas devueltas para su conteo
general de dichas elecciones y ante el Ayuntamiento Municipal.
El conteo general de las boletas electorales devueltas de dichas elecciones deberá llevarse
a cabo por conducto del Ayuntamiento Municipal no antes del 3er. día ni después del 11o. día
posterior a las elecciones.
DEBIDAMENTE ORDENADO por el Ayuntamiento Municipal de Coppell, Texas el
día 10 de febrero del año 2009.
APROBADO:
DOUGLAS N. STOVER - ALCALDE
AYUNTAMIENTO MUNICIPAL DE COPPELL,
TEXAS
ATESTIGUÓ:
LIBBY BALL – SECRETARIA DEL AYUNTAMIENTO
AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS
APROBADO POR SU CONTENIDO Y FORMA:
ROBERT E. HAGER – PROCURADOR DE JUSTICIA DEL MUNICIPIO
Página 3
TM 33837.2.000
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:
Engineering
February 10, 2009
8/C
✔
ORDINANCE
Consider approval of an ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1,
Section 1 (a) of the Code of Ordinances; making it unlawful to park, stand, or stop a vehicle at all times on the east
side of Chateaus Drive from its point of intersection with Bethel Road to its point of intersection with Versailles Drive,
and prohibiting on-street parking at all times on Chalais Court on the east side from its point of intersection with
Versailles Drive southward, then to the west side northward back to the point of intersection to Versailles Drive; and
authorizing the Mayor to sign and execute any necessary documents.
The ordinance will allow for No Parking signage and enforcement in certain areas of the subdivision as specified on
the plat.
Staff recommends approval of the ordinance.
#Chateaus No Parking
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: DiWanna Baskins, Graduate Engineer
DATE: February 10, 2009
RE: Consider approval of an ordinance amending the Code of Ordinances for the
City of Coppell Chapter 8, Article 1, Section 1 (a) of the Code of Ordinances;
making it unlawful to park, stand, or stop a vehicle at all times on the east side
of Chateaus Drive from its point of intersection with Bethel Road to its point of
intersection with Versailles Drive, and prohibiting on-street parking at all times
on Chalais Court on the east side from its point of intersection with Versailles
Drive southward, then to the west side northward back to the point of
intersection to Versailles Drive; and authorizing the Mayor to sign and
execute any necessary documents.
During the Development Review Committee’s review of the proposed project, the
recommendation was made to disallow parking in certain areas due to the design and
layout of the streets, and for the consideration of emergency response vehicles. The final
plat was approved with stipulations that on-street parking be prohibited adjacent to Lots
42, 43, 50, 51, 1X, and 4X. Those lots are described in the ordinance in terms of street
names and intersecting streets to avoid confusion from an enforcement standpoint.
Approval of this ordinance will allow enforcement of the “no parking” restrictions, as
noted on the final plat, and will permit appropriate signage to be erected within the
subdivision.
Staff will be available to answer questions at the Council meeting.
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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES FOR THE CITY OF
COPPELL CHAPTER 8, ARTICLE 1, SECTION 1 (A) OF THE CODE OF
ORDINANCES; MAKING IT UNLAWFUL TO PARK, STAND, OR STOP A
VEHICLE AT ALL TIMES ON THE EAST SIDE OF CHATEAUS DRIVE
FROM ITS POINT OF INTERSECTION WITH BETHEL ROAD TO ITS
POINT OF INTERSECTION WITH VERSAILLES DRIVE, AND
PROHIBITING ON-STREET PARKING AT ALL TIMES ON CHALAIS
COURT ON THE EAST SIDE FROM ITS POINT OF INTERSECTION
WITH VERSAILLES DRIVE SOUTHWARD, THEN TO THE WEST SIDE
NORTHWARD BACK TO THE POINT OF INTERSECTION TO
VERSAILLES DRIVE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the
same is hereby, amended to provide for no parking zones at all times on certain portions of
Chateaus Drive and Chalais Court, to read as follows:
“Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A. NO PARKING ON SPECIFIC STREETS
It shall be unlawful for any person to stop, stand or park a vehicle at
any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or
parking of a vehicle at the times designated for the following streets:
. . . .
CHATEAUS DRIVE, at all times on the east side from its point of
intersection with Bethel Road to its point of intersection with
Versailles Drive.
CHALAIS COURT, at all times on the east side from its point of
intersection with Versailles Drive southward, then on the north side
eastward, then on the west side northward back to its point of
intersection to Versailles Drive.
. . . .”
SECTION 2. The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and every day such violation is continued shall be deemed to constitute a separate offense.
TM 34469.2.000
2
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2009.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 01/27/09 revised)
TM 34469.2.000
3
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
February 10, 2009
8/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of an amendment to the design contract awarded to Freese & Nichols on August 28, 2007 for
Project #ST 07-01, South Coppell Road, in the amount of $23,430.00, as provided for in CIP funds; and authorizing the
City Manager to sign and execute any necessary documents.
Approval of the amendment will permit F & N to design additional amenities such as street lighting, additional water
line facilities and will enable direct coordination with the DART rail line designers for the Coppell Rd. crossing.
Funds are available in the Street CIP accounts for this amendment to the design contract.
Staff recommends approval of the amendment.
#S Coppell Rd Amendment
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: February 10, 2009
RE: Consider approval of an amendment to the design contract awarded
to Freese and Nichols, Inc. on August 28, 2007 for Project #ST 07-01,
South Coppell Road, in the amount of $23,430.00, as provided for in
CIP funds; and authorizing the City Manager to sign and execute any
necessary documents.
The City of Coppell hired Freese and Nichols Inc. in August of 2007 to design the
reconstruction of South Coppell Road from Bethel Road to Southwestern Blvd. The
original contract amount for this design was $164,100.00.
As the design has progressed several items have come up that have increased the scope of
work for the designers. Among these items are the necessity for a permit from DART for
the rail crossing, extension of a 12” water line, street lighting design, addition of a
communication conduit, and the redesign of the downstream storm drain through
Mitchell Street. The breakdown for the cost of these various items is included in the
attached contract amendment.
Staff recommends approval of this contract amendment in the amount of $23,430.00.
This will bring the total contract to $187,530.00. Freese and Nichols is on schedule to
complete the design by spring 2009. We anticipate moving this project to construction
shortly thereafter.
Staff will be available to answer any questions at the Council meeting.
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
February 10, 2009
8/E
✔
ORDINANCE
Consider approval of an ordinance of the city of Coppell, Texas by amending Chapter 11 "Industrial Waste", by
amending Section 11-2-5 "Hazardous Metals and Toxic Materials (local limits)", by amending the local limits from 0.2
MG/1 Molybdenum to 0.8 MG/1 Molybdenum; and authorizing the Mayor to sign.
In 2008, Trinity River Authority received a directive from Texas Commission on Environmental Quality that a Technically
Based Local Limits for Molydenum was required based on the applicable State's rule for land application of sludge (30
TAC Chapter 312). Trinity River Authority calculated and presented to Texas Commission on Environmental Quality, a
Technically Based Local Limits of 0.8mg/L for Molydenum for the Central Regional Waste Water System Pretreatment
Program. This 0.8mg/L, discharge limit will help protect the quality for the Trinity River Authority bio-solids. Because of
the adoption of a new Technically Based Local Limits of 0.8mg/L, the Central Regional Wastewaster System
contracting parties are required to adopt the 0.8mg/L limit by Ordinance. The contracting parties can choose to be
more stringent; however, it is recommended that the City adopt the 0.8mg/L limit in order to maintain consistency with
Trinity River Authority limits.
Staff recommends approval.
^Industrial Waste-1AR
Page 1
TM 31923.2.000
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2003-1028
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
CHAPTER 11, “INDUSTRIAL WASTE,” BY AMENDING SECTION 11-2-
5, “HAZARDOUS METALS AND TOXIC MATERIALS (LOCAL
LIMITS),” BY AMENDING THE LOCAL LIMITS FROM 0.2 MG/1
MOLYBDENUM TO 0.8 MG/1 MOLYBDENUM; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF
A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City desires to amend said regulations to comply with current state law;
and
WHEREAS, after review and consideration, the City Council hereby finds that Section
11-2-5 should be amended as provided herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS:
SECTION 1. That Chapter 11 of the Code of Ordinances be, and the same is, hereby
amended by amending Section 11-2-5, “Hazardous Metals and Toxic Materials (local limits),”
by amending the local limits from 0.2 mg/1 molybdenum to 0.8 mg/1 molybdenum, and
reserving the same for future use, which shall read as follows:
“CHAPTER 11. INDUSTRIAL WASTE
Sec. 11-2-5. Hazardous metals and toxic materials (local limits).
The following pollutant limits are established to protect against pass through
and interference. No person shall discharge or cause or permit to be discharged,
wastewater containing in excess of the following instantaneous maximum allowable
discharge limits:
TRA central regional wastewater system and instantaneous maximum limits
0.2 mg/1 arsenic
0.1 mg/1 cadmium
2.9 mg/1 chromium
Page 2
TM 31923.2.000
2.3 mg/1 copper
0.5 mg/1 cyanide
0.9 mg/1 lead
0.0004 mg/1 mercury
0.8 mg/1 molybdenum
4.6 mg/1 nickel
0.1 mg/selenium
0.8 mg/1 silver
8.0 mg/1 zinc
200 mg/1 oil and grease
2.13 mg/1 total toxic organics
5.5 to 11.0 Standard units of pH
fluoride other than that contained in the public water supply.
The above limits apply at the point where the wastewater is discharged to the
POTW. All concentrations for metallic substances are for “total” metal unless indicated
otherwise. The officer and/or control authority may impose mass limitations in addition
to, or in place of, the concentration-based limitations above.
No other hazardous metals or toxic materials may be discharged into public
sewers without a permit from the city specifying conditions of pretreatment,
concentrations, volumes, and other applicable provisions.
(Ord. No. 95698; Ord. No. 2003-1028 § 3, 2-25-03).”
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.
Page 3
TM 31923.2.000
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance or the Code of Ordinances, as amended, shall be subject to a fine not to exceed the
sum of Five Hundred ($500.00) dollars for each offense, and each and every day such offense
shall continue shall be deemed to constitute a separate offense.
SECTION 6. 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
(JDD/tam 12/01/08)
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:
PLANNING
February 10, 2009
9
✔
PUBLIC HEARING
Consider approval of Case No. PD-238-HC, Coppell Office Village, zoning change request from HC (Highway
Commercial) to PD-238-HC (Planned Development-238-Highway Commercial) to attach a detail site plan to allow a
one-story, 23,200-square-foot office building on 2.02 acres of property located along the south side of S.H. 121,
approximately 400 feet east of Denton Tap Road.
See attached letter from Terry Holmes dated 01/21/09, appealing the Planning Commission's recommendation for
denial.
A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS
ZONING CHANGE.
On January 15, 2009, the Planning Commission recommended denial
of this zoning change (6-1). Commissioners Shute, Frnka, Haas,
Sangerhausen, Kittrell and Shipley voted in favor, Commissioner Jett
opposed. Commission then appointed Commissioners Frnka and
Sangerhausen to work with developer to refine design and forward to
Council with suggestions to approve if appropriate. Design has been
modified by applicant and the committee recommends approval.
Staff recommends APPROVAL based upon redesigned building.
@01 PD-238-HC, Coppell OV, 1-AR
ITEM #4
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-238-HC, Coppell Office Village
P&Z HEARING DATE: January 15, 2009
C.C. HEARING DATE: February 10, 2009
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: South side of S.H. 121, 400 feet east of Denton Tap Road
SIZE OF AREA: 2.02 acres of property
CURRENT ZONING: HC (Highway Commercial)
REQUEST: A zoning change to PD-238-HC (Planned Development-238-
Highway Commercial) to attach a detail site plan to allow a
one-story, 23,200-square-foot office building.
APPLICANT: Prospective Purchaser: Engineer:
Terry Holmes L. Lynn Kadleck
Holmes Commercial Kadleck & Associates
2629 Dickerson Parkway, #110 555 Republic Dr. #115
Carrollton, Texas 75007 Plano, Texas 75074
972-242-1770 972-881-0771
FAX: 972-242-2931 FAX: 972-509-1861
HISTORY: On July 10, 2001, after several hearings before the Planning
and Zoning Commission, the City Council approved a site
plan request for U-Haul International to construct a 72,000
square-foot mini-storage facility on the subject 2.02 acres of
property. That site plan approval expired in July 2003.
January 8, 2002, Council approved a minor Plat for this
property. The plat was filed with Dallas County, and therefore
isstill valid.
ITEM #4
Page 2 of 5
TRANSPORTATION: State Highway 121 is built as a six-lane divided tollway. The
subject tract is adjacent to the eastbound one way service
road of this highway and consists of three lanes of pavement.
SURROUNDING LAND USE & ZONING:
North- S.H. 121; Market Street, Bank & retail uses; PD-228-HC
(Planned Development-228-Highway Commercial)
South - Denton Creek Elementary & Middle School North; SF-7
(Single Family 7)
East - Denton Creek Elementary & Middle School North; SF-7
(single Family-7)
West - Jack-in-the-Box restaurant; HC (Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
regional retail uses.
DISCUSSION: This request is to allow the construction of a one story, 23,200
square-foot office building. Prospective tenants include
general office (Holmes Builders), medical office, and a
dance studio. Access to this site will be provided through the
existing driveway to S.H. 121 and to Denton Tap Road via the
two existing mutual access easements through Jack-in-the-
Box/retail to the northwest and Pilgrim (Town Center) Bank to
the southwest.
The purpose of this PD is to allow several variances to the
base HC (Highway Commercial) district zoning to support
this development.
Setbacks:
The HC District requires 60 foot front, 30 foot side and 20 foot
rear yard setbacks. This development is abiding by these
regulations except for the east (side) property line in which
a 15’ foot setback is being requested. This property line
abuts Middle School North’s track and tennis courts. There is
an approximate 150 foot separation between this property
line and those outdoor recreational facilities. Also abutting
and parallel to the subject property on the CISD land are
drainage and utility easements with a total width of 35 feet.
These easements normally preclude the development of
any structure. Therefore, there will always be a minimum 50
foot separation between structures on these two parcels.
Therefore staff can support the requested setback reduction
from 30’ to 15’ along this property line. Also along this
ITEM #4
Page 3 of 5
property line is an existing decorative metal fence with brick
columns. When the other non-residential uses (Town Center
Bank, Bank One and Jack-in-the-Box) developed abutting
this CISD land the decorative metal portions were replaced
with solid brick. The same condition will be placed on this
property.
Landscaping:
Approximately 25% of this property will be devoted to
landscape and hardscaped areas. While the tree count
exceeds the minimum requirements, there are variances
being requested to the amount of perimeter and non-
vehicular landscape areas being provided.
In terms of perimeter landscaping, two small encroachments
are shown along the east and west property lines, where the
parking lot extends into these areas. Along the northern
property line, west of the driveway, a right turn deceleration
lane was installed when the mutual access/fire lane to serve
Jack-in-the-box was constructed. The width of the perimeter
landscaped area has been reduced from 20 to 15 feet in
this area to accommodate the existing fire lane/mutual
access easement.
Given the undulating front façade of the building there will
be an irregularly shaped area that will serve as a pedestrian-
friendly plaza area with tree wells and benches. This area will
be constructed with enhanced paving materials and
therefore is proposed to be used to partially fulfill the non-
vehicular landscape requirement.
Parking:
Parking is being provided based on approximately a 50/50
mix of general office and medical office. In addition to
those uses, 6,000 square feet is proposed for a dance studio
which is relocating from another retail area in Coppell.
Although this use would typically require parking at a ratio of
one space per 200 square feet (30 spaces), this existing
business has demonstrated their parking demand at their
current location, which is a maximum of 20 parking spaces
(one per 300). Staff can support this reduced parking ratio as
a PD condition as long as the condition also states that in
the event this dance studio moves out, this 6,000 square feet
may only be leased for general office unless sufficient
parking exists based on the tenant mix. There is an excess of
8 spaces for the entire building, so there is a little flexibility in
the mix of general to medial office.
ITEM #4
Page 4 of 5
Elevations/Signage
The design of this building is atypical of the designs of other
office buildings in this city of Coppell. They are proposing a
mixture of stone, several colors of brick with cast stone
accents and stucco accents. Given the undulating front
façade there are five separate entrances each with
enhanced entry tower features. Grey fabric awnings (both
rectangular and curved) adorn several of the windows.
Finally, the roof is proposed to be a Mediterranean clay
barrel tile. Staff has some concern about the compatibly of
these architectural features.
The attached signs will be back lit pin mounted aluminum
letters in dark bronze to be in compliance with the Sign
Ordinance. The potential sign areas have been designated
on the façade which allows some flexibility once the final
tenant mix is established. However, a condition has been
included that states that the maximum square footage of
the signs will be in accordance with the regulations of the
sign ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-238-HC, Coppell Office Village, subject to
the following conditions:
1. Site Plan
a. Correct the location and the alignment of the existing enhanced
paving on the existing driveway along S.H. 121.
b. Add the PD condition which states that in the event this dance
studio moves out, this 6,000 square feet may only be leased for
general office unless sufficient parking exists based on the tenant
mix.
c. Delete the Landscape Requirement note.
d. Delete reference to U-Haul Addition.
2. Landscape Plan
a. Update base information, including title block, abutting easements,
description of wall along eastern property line, etc.
b. Relocate the monument sign to match its location on the Site Plan.
3. Elevations
a. Consideration be given to revise the design elements of the
building to be more cohesive and compatible.
b. Specify colors/materials of all design elements on the elevation
drawings (Sheets A-4-1 and A4-2).
c. Signage Notes: #3 – revise the word “Final” to read “Total” #4
should read “sign area” vs. “sign are”
ITEM #4
Page 5 of 5
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. Floor Plan
3. Landscape Plan
4. Elevations
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:
PLANNING
February 10, 2009
10
✔
PUBLIC HEARING
Consider approval of the Coppell Office Village, Lot 1, Block A, Replat, a replat of the U-Haul Addition, Lot 1, Block 1,
to relocate and revise building lines, fire lanes and easements to allow the development of an office building on 2.02
acres of land located along the south side of S.H. 121, approximately 400 feet east of Denton Tap Road.
The following P&Z conditions remain outstanding:
1. Rectify the inconsistencies in the location of fire hydrants on the Utility Plan and Site Plan.
2. Provide a copy of the agreement for the shared water line.
3. Verify that the driveway encroachment into the Oncor utility easement at the southwest corner of the site is
acceptable to Oncor or relocate if necessary.
On January 15, 2009, the Planning Commission unanimously
recommended approval of this replat (7-0), subject to the
above-stated conditions. Commissioners Jett, Shute, Frnka, Haas,
Sangerhausen, Kittrell and Shipley voted in favor, none opposed.
Staff recommends APPROVAL.
@02 Coppell OV, L1, BA, RP, 1-AR
ITEM #5
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Coppell Office Village, Lot 1, Block A, Replat
P&Z HEARING DATE: January 15, 2009
C.C. HEARING DATE: February 10, 2009
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: South side of S.H. 121, 400 feet east of Denton Tap Road
SIZE OF AREA: 2.02 acres of property
CURRENT ZONING: HC (Highway Commercial)
REQUEST: A replat of the U-Haul Addition, Lot 1, Block 1, to relocate
and revise easements to allow the development of an office
building.
APPLICANT: Prospective Purchaser: Engineer:
Terry Holmes L. Lynn Kadleck
Holmes Commercial Kadleck & Associates
2629 Dickerson Parkway, #110 555 Republic Dr. #115
Carrollton, Texas 75007 Plano, Texas 75074
972-242-1770 972-881-0771
FAX: 972-242-2931 FAX: 972-509-1861
HISTORY: On July 10, 2001, after several hearings before the Planning
and Zoning Commission, the City Council approved a site
plan request for U-Haul International to construct a 72,000
square-foot mini-storage facility on the subject 2.02 acres of
property. That site plan approval expired in July 2003.
January 8, 2002, Council approved a minor Plat for this
property. The plat was filed with Dallas County, and therefore
is still valid.
ITEM #5
Page 2 of 2
TRANSPORTATION: State Highway 121 is built as a six-lane divided tollway. The
subject tract is adjacent to the eastbound one way service
road of this highway and consists of three lanes of pavement.
SURROUNDING LAND USE & ZONING:
North- S.H. 121; Market Street, Bank & retail uses; PD-228-HC
(Planned Development-228-Highway Commercial)
South - Denton Creek Elementary & Middle School North; SF-7
(Single Family 7)
East - Denton Creek Elementary & Middle School North; SF-7
(single Family-7)
West - Jack-in-the-Box restaurant; HC (Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
regional retail uses.
DISCUSSION: This is a companion request to the PD zoning to permit this
office building. As stated in the History section of this report,
this property was platted in 2002 to accommodate a U-Haul
Storage facility which was never constructed. This replat is
required to relocate and reconfigure the fire lane, various
utility easements and building setback lines to support this
proposed development.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL, of Coppell Office Village, Lot 1, Block A, Replat
subject to the following conditions:
1. Ensure the scale of all drawings and fire lane configurations match.
2. Rectify the inconsistencies in the location of fire hydrants on the Utility Plan and
Site Plan.
3. Provide a copy of the agreement for the shared water line.
4. Verify that the driveway encroachment into the Oncor utility easement at the
southwest corner of the site is acceptable to Oncor or relocate if necessary.
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. Replat
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:
PLANNING
February 10, 2009
11
✔
PUBLIC HEARING
Consider approval of Case No. PD-228R2-HC, Vista Ridge Retail (Taste of Market Street), zoning change request from
PD-228R-HC (Planned Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned Development-228
Revision 2-Highway Commercial) to allow an internally lit LED digital gas price monument sign for the convenience
store with fuel sales and drive-through on approximately 1.19 acres of property, approximately 200 feet north of the
northeast corner of S.H. 121 and Denton Tap Road.
A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF OPTION
#1 AND OPTION #2 OF THIS ZONING CHANGE; SIMPLE MAJORITY TO APPROVE OPTION #3.
On January 15, 2009, the Planning Commission unanimously
recommended denial of Option #1 and Option #2 of this zoning
change but further recommended approval of Option #3 (7-0).
Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and
Shipley voted in favor, none opposed.
Staff recommends DENIAL of Option #1 and #2; APPROVAL of Option
#3.
@03 PD-228R2-HC, VR Retail, 1-AR
ITEM #6
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-228R2-HC, Vista Ridge Retail
(Taste of Market Street)
P&Z HEARING DATE: January 15, 2009
C.C. HEARING DATE: February 10, 2009
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: North of the NEC of S.H. 121 and Denton Tap Road
SIZE OF AREA: 1.19 acres of property
CURRENT ZONING: PD-228R-HC (Planned Development-228 Revision-Highway
Commercial))
REQUEST: A zoning change to PD-228R2-HC (Planned Development-
228 Revision 2-Highway Commercial) to allow an internally lit
LED digital gas price monument sign for the convenience
store with fuel sales and drive-through.
APPLICANT: Applicant:
Warren Creason Realty
Warren Creason
500 N. Akard Street
Suite 3300
Dallas, TX. 75201
(214) 740-3390
Fax: (214) 740-3328
Owner:
United Super Markets, LLC
“Taste of Market Street”
7830 Orlando Ave.
Lubbock, TX. 79423
ITEM #6
Page 2 of 4
HISTORY: In February of 1998 Presbyterian Hospital was granted Site
Plan approval allowing two buildings—a 75,000 square foot
ambulatory care facility and a 45,000 square foot medical
office on a 14.8 acre parcel. The hospital was never built.
This request is located on a portion of that land.
In October of 2004, Council approved the development of
several one and two story general and medical office
buildings on 7.7 acres of property just east of the former
hospital site. That property has been partially developed.
In August of 2007, Council approved a mixed-use
development on the former hospital site. Included in the
request were retail, bank, convenience store, and a 70,000
square foot anchor building, Market Street grocery. The
grocery, convenience store/gas station, and a portion of the
retail strip development are scheduled to open around the
middle of January, 2009. The bank at the corner of the
project is currently open for business.
TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare
(120 feet of right-of-way). Highland Drive is in the city of
Lewisville and has been developed to Lewisville standards in
a 75 foot right-of-way. Adjacent to the south of this
development, State Highway 121 has been developed to
freeway standards, contains one-way service roads, each 33
feet wide, and is constructed within 450 feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North- single-family residences/church; city of Lewisville
South – State Highway 121; city of Lewisville
East – developing office/medical buildings; PD-205R-HC,
Planned Development for highway commercial uses
West – vacant land; “HC”, Highway Commercial
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows
the property as suitable for regional retail uses.
DISCUSSION: As stated in the applicant’s Sign Design Proposal (attached),
three options for design and construction of the
convenience store/gas station sign have been provided.
ITEM #6
Page 3 of 4
Two Options (One and Two) are unacceptable to the city,
Option Three is supportable.
Option One is the requested design which has a red digital
read-out. As we understand from the applicant, this digital
sign would be programmed to change on a periodic basis
based on the price of gasoline, and would be an internally lit
sign. This proposal goes against the very grain of our zoning
ordinance and sign provisions. Section 12-29 of our sign
provisions clearly state that these digital type signs are not
allowed. Specifically, signs cannot distract motorists, nor
create nuisance due to brightness. In addition, prohibited
signs include those that contain moving parts, are internally
lit, cause glare or brightness, move or flash, or contain
luminous gas tubing. Finally, backlit plastic is specifically not
permitted.
In an on-site tour and inspection of the property, staff was
struck by the consistency in design, scale, material and
location of all existing signage on the entire 15 acre parcel.
This proposed digital sign does not fit the overall design of
the center, is clearly a manipulation of the signage package
included when the initial zoning request for this property was
presented, and does not lend itself well to the image of the
center. We view this request as an affront to the very design
of this shopping center and can not support it. Also, there is
not one other digital display sign in any commercial, retail, or
office development in the city and allowing it here is not in
harmony with the aesthetic and design guidelines this city
has nurtured over the last several decades.
Anticipating our objection to Option One—we had many
long, detailed and tedious conversations with the applicant
regarding the digital aspects of the request--we have also
been provided with other possible sign designs. Option Two
is basically the same as Option One with white LED’s
replacing the red ones of the first proposal. We can not
support this option for the same reasons stated for Option
One.
Finally, the Option Three submittal meets all criteria of our
sign ordinance. It is externally lit, contains no LED lighting
and fits the same model found elsewhere in the city—
stationery, gas prices changed manually, meets the 40
square foot requirement, more consistent with existing
signage in this shopping center.
ITEM #6
Page 4 of 4
As stated above, there are major reasons Options One and
Two should be questioned. Each ignores our existing
ordinance. This type of signage has not been allowed on
any other commercial site in the city. They are not
architecturally compatible with the other signs in this center.
Allowing this sign type would create a dangerous precedent
that could have negative aesthetic repercussions
throughout the community.
We do, however, support Option Three. It complies with our
present code and would be a welcome addition to the
center. It exceeds the 75 foot side property line
requirement, and is 15 feet behind the front property line.
Design wise, it is the most attractive of the three and
presents no staff objection.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of this request as presented regarding
Options One and Two, for the reasons elaborated upon in the staff report.
We would support the Option Three monument sign with no conditions
being required as it complies with all ordinance guidelines.
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. Letter of Submittal dated December 17, 2008, and January 6, 2009
2. Site Plan
3. Signage Designs, Options 1, 2, 3
(1) 20amp 120v circuit required
Construct & Install Using Only U .L . Listed Components
& In Accordance w/ National Electrical Sign Code
(1) 20amp 120v circuit required
(As Shown)
4’-0” x 10’-0” = 40Market Street
750 N. Denton Tap Rd.
Coppell, TX
Debbie Stellar
G. Owens N/A
0807-120r3p1
12-9-08
S. Causseaux
5148
SITE PLANN.T.S.
MONUMENT SIGN
79’-6”
driveway #1 driveway #2 NOTE SETBACKS:
15’setback from property line52’-6”from driveway #1175’from driveway #279’-6”from south property line
MONUMENT SIGN
SCALE: ½”= 1’-0”3’-5”7’-1”
I.D. CABINET: 6” ALUMINUM FILLER & RETAINERS PTD. BLACK
WHITE HIGH IMPACT PLASTIC FACE w/VINYL GRAPHICS
INTERNALLY ILLUMINATED BY WHITE LEDs
PRICE SIGN: DATAMASTER SINGLE-FACE DF-2000-10-R-NA-SF
(3) UNITS PER SIDE; RED LED
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(1) 20amp 120v circuit required
(As Shown)
4’-0” x 10’-0” = 40Market Street
750 N. Denton Tap Rd.
Coppell, TX
Debbie Stellar
G. Owens N/A
0807-120r3p1
12-9-08
S. Causseaux
51484’-0”10’-0”
6”6”
OPTION 1
UNLEADED
18”
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(1) 20amp 120v circuit required
(As Shown)
4’-0” x 10’-0” = 40Market Street
750 N. Denton Tap Rd.
Coppell, TX
Debbie Stellar
G. Owens N/A
0807-120r3p2
12-9-08
S. Causseaux
5148
MONUMENT SIGN
SCALE: ½”= 1’-0”
7’-1”
6” DEEP ALUMINUM FILLER & RETAINERS PTD. BLACK;
WHITE HIGH IMPACT PLASTIC FACE w/VINYL GRAPHICS;
10” ZIP CHANGE GAS PRICING NUMERALS (12” PANEL HEIGHT);
INTERNALLY ILLUMINATED BY WHITE LEDs
10’-0”
6”6”
OPTION 2
3’-5”4’-0”UNLEADED
18”
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
(1) 20amp 120v circuit required
(As Shown)
4’-0” x 10’-0” = 40Market Street
750 N. Denton Tap Rd.
Coppell, TX
Debbie Stellar
G. Owens N/A
0807-120r3p3
12-9-08
S. Causseaux
5148
MONUMENT SIGN
SCALE: ½”= 1’-0”
7’-1”
.125 FLAT CUT OUT ALUMINUM “MARKET STREET” GRAPHICS PTD. BLACK;
PIN MOUNT w/ STUDS & ½” SPACERS; WHITE HIGH IMPACT PLASTIC FACE
w/VINYL GRAPHICS IN FRAME w/ 1 ½” F-RETAINERS PTD. BLACK;
10” ZIP CHANGE GAS PRICING NUMERALS (12” PANEL HEIGHT);
EXTERNALLY ILLUMINATED
10’-0”
1 ½1 ½”
OPTION 3
3’-5”4’-0”UNLEADED
18”
(As Shown)
4’-0” x 10’-0” = 40Market Street
750 N. Denton Tap Rd.
Coppell, TX
Debbie Stellar
G. Owens N/A
0807-120r3p4
12-30-08
S. Causseaux
5148
MONUMENT SIGN
SCALE: ½”= 1’-0”48”6”6”18”
STONE: HILL
COUNTRY CHALK
CAST STONE CAP:
TEXAS CREAM
6”6”18”18”30”3’-5”7’-1”4’-0”10’-0”
CAST STONE BASE:
TEXAS CREAM
CONVENTIONAL STUCCO
OVER CMU #449 BUCKSKIN
GRADE LEVEL
CONCRETE: 6” PERIMETER
AROUND SIGN BASE
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
February 10, 2009
12
✔
ORDINANCE
Consider approval of an ordinance amending Chapter 1, "Administration," of the Code of Ordinances by adding
Section 1-10-13, "Rules of Procedure for Appeals of Municipal Infrastructure Cost Apportionment Determinations;" and
authorizing the Mayor to sign.
This ordinance is a result of the discussion from Executive Session from the January 27, 2009 meeting.
Staff recommends approval.
!Rules of Procedure
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 1, "ADMINISTRATION," OF THE CODE
OF ORDINANCES BY ADDING SECTION 1-10-13, "RULES OF
PROCEDURE FOR APPEALS OF MUNICIPAL INFRASTRUCTURE
COST APPORTIONMENT DETERMINATIONS"; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 212.904 of the TEXAS GOVERNMENT CODE provides that a
developer may request a determination of apportionment of infrastructure cost; and
WHEREAS, if the developer disputes the determination made by the
municipality an appeal may be requested; and
WHEREAS, such appeal shall be submitted to the governing body; and,
WHEREAS, the City should adopt such reasonable procedures to govern such
hearings; and
WHEREAS, the City Council has determined it necessary to adopt rules of
procedure for appeals to the council of municipal infrastructure cost apportionment
determinations and to provide for its codification in Chapter 1, Sec. 1-10-13.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS:
SECTION 1. That Chapter 1 of the Code of Ordinances be, and the same is,
hereby amended by adding Section 1-10-13, "Rules of Procedure for Appeals of
Municipal Infrastructure Cost Apportionment Determinations," which shall read as
follows:
"ARTICLE 1-10. RULES, TIMES AND PROCEDURES FOR
CONDUCTING CITY COUNCIL MEETINGS
. . . . .
Sec. 1-10-13. Rules of Procedure for Appeals of Municipal
Infrastructure Cost Apportionment Determination
1-10-13.1. Purpose. The purpose of these rules is to govern the
procedures of an appeal for a property dcvclopment project by a developer
Page 1
TM 34228.2.000
of its costs of municipal infrastructure improvements as provided by state
law.
1-1 0.13.2. Appeal.
A. In the event that a developer disputes the determination of the city
for its costs of municipal infrastructure improvements for a property
development project, it must file a written appeal with the city secretary
requesting a determination by the city council.
B. A written appeal shall set forth the infrastructure improvements,
charges or costs of the municipal infrastructure improvements the
developer seeks to contest.
C. Failure of the developer to appear on the scheduled date and time
at the appeal hearing before the city council shall be grounds for dismissal.
1-10-13.3. Standards for city council evaluation of the contested
infrastructure cost apportionment. The developer shall bear the burden of
proof to demonstrate that the City's municipal infrastructure cost
apportionment determination is not roughly proportionate. The party
appealing to the city council shall have the burden of first presenting
evidence as provided by these rules. The city council shall evaluate the
contested infrastructure cost apportionment determination under the
following standards:
I. Does the infrastructure cost apportionment determination relate to
the needs created by the property development project?
2. Is the infrastructure cost apportionment determination roughly
proportionate to the impact of the property development project?
1-10-13.4. Procedural rules. The following procedural rules shall
apply to appeals under this ordinance:
1. Ooeninp ofthe Hearinz. The presiding officer of the council shall
call the agenda item and open the hearing. The developer and the
City may opt to have all or portions of the hearing conducted by a
representative.
2. Develooer 's presentation.
(a) The developer shall present written evidence and oral or
written testimony regarding the infrastructure administrative
apportionment determination to the council.
Page 2
(b) If more than one apportionment determination is being
contested by the developer, the developer shall present as
part of his presentation an enumerated list of contested
apportionment determinations.
(c) The developer may present oral testimony, written
document, or both during the presentation of evidence and
testimony.
(d) If the developer wishes to introduce written documentation,
it must be provided to the city secretary no later than seven
(7) calendar days in advance of the hearing to ensure that
council members have time to review the material prior to
the hearing.
(e) If the developer wishes to induce expert testimony, it must
file written testimony no later than seven (7) days prior to
the appeal hearing.
3. Council examination/clarification of developer's presentation.
Following the developer's presentation, the council may ask
questions of the developer, and the developer's witnesses and
representatives.
4. Citv nresentation. City staff, witnesses, and representatives may
offer evidence and testimony regarding the apportionment
determination or other relevkt issie raised by the developer
during his presentation or as directed by city council.
5. Council examination/clarificafion of city's uresentafion. The
council may question the city staff, witnesses, or representatives
regarding the apportionment determination or other relevant issue
raised in the presentations.
6. Developer's cross-examinafion of citv witnesses and rebuttal. The
developer may question or cross-examine the city staff, witnesses,
or representatives regarding the apportionment determination, the
disputed issues raised by the developer, and any other area of
testimony or evidence they addressed in their presentation or in
response to council examination. The developer may also
introduce rebuttal evidence during this stage of the proceeding.
7. Council re-examination/clarification. The council may conduct
further questioning of any previously called witness or seek any
further explanation on any issue raised in the hearing.
Page 3
8. Developer re-cross and closinp statement. Following the
conclusion of the city council's re-examination, the developer
shall be given the option to conduct firther questioning or cross-
examination of any previously called witness. The developer shall
also be given the option to make a brief summation of his
arguments or a closing statement.
9. Closure and timetable for decision. Upon conclusion of the
developer's case, the presiding officer shall inquire whether the
developer has submitted all the evidence and testimony he wishes
the council to consider. If the developer indicates all evidence and
testimony has been submitted, the council shall issue a
determination within thirty (30) days of the conclusion of the
hearing.
1-10-13.3. Council authority. The council shall have the authority to
affirm or overturn the findings of the city staff in making the infrastructure
apportionment determination in whole or in part, and may make or modify
an award or refund to the developer in order to confirm with the standards
of rough proportionality set forth in TEX. LQC. GOV'T CODE, § 212.904,
and the standards set forth in subsection 1-10-13.1, supra."
SECTION 2. That all provisions of the Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 4. That this ordinance shall take effect immediately &om and after its
passage as the law and charter in such cases provide.
Page 4
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of ,2009
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REHIcdb Olll9109)
Page 5
AGENDA REQUEST FORM DATE: February 10, 2009
ITEM #: 13
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Councilmember Tunnell regarding Elected Officials Roundtable with Joe
Gonzales, Bryan, Tx.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: February 10, 2009
ITEM #: 14
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: February 10, 2009
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: February 10, 2009
Department Submissions:
Item No. 8/E was placed on the Agenda for the above-referenced City
Council meeting by the Parks Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Parks Department
Item Nos. 8/C and 8/D were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item Nos. 9, 10 and 11 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 and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)