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CP 2009-05-12 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 12, 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) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Reception 6:00 p.m. Town Center Atrium (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, May 12, 2009, at 5:30 p.m. p.m. for Work Session, with a reception beginning at 6:00 p.m., and Regular Session will begin at 7:00 p.m., with Work Session and Executive Session immediately following, 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. ag051209 Page 1 of 5 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Mayor Pro Tem. B. Discussion regarding 121 Sound Walls. C. Discussion of Agenda Items. Adjourn Work Session. A RECEPTION WILL BE HELD IN THE ATRIUM HONORING MAYOR DOUGLAS N. STOVER FROM 6:00 P.M. UNTIL 7:00 P.M. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 3. Convene Regular Session. 4. Invocation. 5. Pledge of Allegiance. 6. Discuss and consider approval of finding of facts and conclusions in the Mira Mar appeal and authorizing the Mayor to sign. 7. Canvass returns of the May 9, 2008 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. 8. Swearing in of Mayor and Councilmembers Place 2, 4 & 6. 9. Presentation and remarks regarding former Mayor Douglas N. Stover. 10. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. 11. Consider approval of a proclamation naming the month of May 2009 as Older Americans Month; and authorizing the Mayor to sign. 12. Citizens' Appearances. ag051209 Page 2 of 5 ITEM # ITEM DESCRIPTION CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 28, 2009. B. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 3, Section 3-1-12 of the Code of Ordinances by amending the daily Water Conservation and Drought Contingency Plan; providing a savings 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, and authorizing the Mayor to sign and execute any necessary documents. C. Consider approval of an Ordinance for Case. No. PD-162R2-MF-2, Gunner Subdivision, Lot 1R, Block A, zoning change from PD-162R- MF-2 (Planned Development-162-Revised–Multi-family-2) to PD- 162R2-MF-2 (Planned Development-162- Revision 2–Multi-family-2), to allow the relocation of a previously approved 1,656-square-foot six-car garage and storage area on 20.965 acres of property located 1717 Belt Line Road and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. S-1241R-C, Fat Daddy’s Burger House, zoning change from S-1241-C (Special Use Permit-1241-Commercial) to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560-square-foot cover over the existing outdoor patio area serving the existing 3,580-square-foot restaurant located at 215 S. Denton Tap Road, Suite 100, and authorizing the Mayor to sign. END OF CONSENT 14. Consider approval of awarding Bid #Q-0409-01 "Reinforced Concrete Pavement Repairs" to Procon Paving and Construction in the amount of $318,959.95, as budgeted in the IMF; and authorizing the City Manager to sign and execute any necessary documents. 15. PUBLIC HEARING Consider approval of Case No. S-1110R3-HC, Verizon Wireless, zoning change request from S-1110R2-HC (Special Use Permit-1110 Revision 2- Highway Commercial) to S-1110R3-HC (Special Use Permit-1110 Revision 3– Highway Commercial) to allow a replacement and relocation of the ag051209 Page 3 of 5 ITEM # ITEM DESCRIPTION existing equipment and cabinet with a 120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. 16. Consider approval of an Ordinance for Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change from PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the PD conditions to allow up to 10 of the 56 single-family homes to have true stucco exteriors limited to earth-tone colors, where no two stucco homes shall be spaced any closer than every third lot and a Site Plan indicating lots where stucco homes are prohibited, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads and authorizing the Mayor to sign. 17. Mayor and Council Reports. A. Report by Mayor Peters regarding Metroplex Mayors Meeting. WORK SESSION (Open to the Public) 18. Convene Work Session A. Discussion regarding Boards & Commission schedule. B. Discussion regarding Council Committees. EXECUTIVE SESSION (Closed to the Public) 19. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement. B. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. ED Prospects west of Denton Tap/Beltline Road 20. Necessary action resulting from Work Session. 21. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag051209 Page 4 of 5 ITEM # ITEM DESCRIPTION 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 8th day of May, 2009, 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). ag051209 Page 5 of 5 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: May 12, 2009 ITEM #: WS-2 WORK SESSION A. Discussion regarding Mayor Pro Tem. B. Discussion regarding the Fee Resolution C. Discussion regarding 121 Sound Walls. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 12, 2009 6 ✔ PROCEDURAL Discuss and consider approval of finding of facts and conclusions in the Mira Mar appeal and authorizing the Mayor to sign. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 12, 2009 7 ✔ PROCEDURAL Canvass returns of the May 9, 2009 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. The General Municipal Election to fill Mayor and Council Places 2, 4 & 6 was held on Saturday, May 9, 2009. This canvass will declare the results of that election. Staff recommends approval. %canvass ___________________________________ Canvass of Returns and Declaration of Results of Election - Page 1 TM 36798.2.000 RESOLUTION NO. 2009-________ MUNICIPAL ELECTION Coppell, Texas May 9, 2009 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF MUNICIPAL ELECTION BE IT REMEMBERED THAT on this the 12th day of May, 2009, at a meeting of the City Council of the City of Coppell, Texas, a quorum, pursuant to § 67.004(a) of the TEXAS ELECTION CODE, being present, the meeting was called to order and the following business was transacted. Upon motion it was unanimously ordered that the City Council consider the official returns of a municipal election held in the City on May 9, 2009, for the election of Mayor, one Councilmember for Place 2, one Councilmember for Place 4, and one Councilmember for Place 6. WHEREUPON said official returns were opened, examined, canvassed and the results declared as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS WHEREAS, heretofore, the City Council of the City of Coppell, Texas, called a municipal election under the TEXAS ELECTION CODE to be held in the City on May 9, 2009, to elect a Mayor, one Councilmember for Place 2, one Councilmember for Place 4, and one Councilmember for Place 6; ___________________________________ Canvass of Returns and Declaration of Results of Election - Page 2 TM 36798.2.000 WHEREAS, immediately after said election the Presiding Judge and other officials holding said election made their returns of the results thereof to the City Council as follows, and said returns being made according to law, and duly authenticated, and it being shown that written notice of said elections were posted for the time and in the manner provided by law, and all other proceedings pertaining to said election having been shown to have been done and performed at and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council and no protest or objection being made to or regarding any matter pertaining to said election. NOW, THEREFORE, be it resolved by the City Council of the City of Coppell, Texas, after examining said returns and opening and canvassing the votes of said election, that the results of said special election are as follows: That the following number of votes were cast for the following named candidate for the office of Mayor, to wit: NAME EARLY ELECTION DAY TOTAL VOTES VOTES VOTES Jayne Peters _______ _____ ______ It appearing that Jayne Peters received a majority of all votes cast for the office of Mayor, Jayne Peters is hereby declared to be elected to serve a three year term after qualifying. That the following number of votes were cast for the following named candidate for the office of Councilmember Place 2, to wit: NAME EARLY ELECTION DAY TOTAL VOTES VOTES VOTES Bob Mahalik _______ _______ _______ Brent Wooten _______ _______ _______ ___________________________________ Canvass of Returns and Declaration of Results of Election - Page 3 TM 36798.2.000 It appearing that ____________________ received a majority of all votes cast for the office of Councilmember Place 2, _____________________ is hereby declared to be elected to serve a three year term after qualifying. That the following number of votes were cast for the following named candidate for the office of Councilmember Place 4, to wit: NAME EARLY ELECTION DAY TOTAL VOTES VOTES VOTES Marsha Tunnell _______ _______ _______ It appearing that Marshal Tunnell received a majority of all votes cast for the office of Councilmember Place 4, Marsha Tunnell is hereby declared to be elected to serve a three year term after qualifying. That the following number of votes were cast for the following named candidate for the office of Councilmember Place 6, to wit: NAME EARLY ELECTION DAY TOTAL VOTES VOTES VOTES Marvin Franklin _______ _______ _______ It appearing that Marvin Franklin received a majority of all votes cast for the office of Councilmember Place 6, Marvin Franklin is hereby declared to be elected to serve a three year term after qualifying. IT IS FURTHER ORDERED that this canvass and declaration of results of said election shall be entered in the Minutes of the City Council and that said officers, after being qualified and having taken the oath, shall serve during the term commencing May 2009 and thereafter until a successor is duly elected and qualified. ___________________________________ Canvass of Returns and Declaration of Results of Election - Page 4 TM 36798.2.000 This Resolution, declaring the results of the municipal elections shall become effective immediately after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, this the 12th day of May, 2009. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 05/06/09) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 12, 2009 8 ✔ PROCEDURAL Swearing in of Mayor and Councilmembers Place 2, 4 & 6. Mayor and Councilmembers for Places 2, 4 & 6 elected at the May 9 General Election will be sworn in for a new term. No action necessary. %swearin WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Secretary May 12, 2009 9 ✔ PRESENTATION Presentation and remarks regarding former Mayor Douglas N. Stover. No action necessary. %stover WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 12, 2009 10 ✔ PROCEDURAL Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. The Coppell Home Rule Charter decrees that a new Mayor Pro Tem be selected annually at the first regular City Council meeting following either each regular city election or run-off election if such occurs. Elect a Mayor Pro Tem %ProTem WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks and Recreation May 12, 2009 11 ✔ PROCLAMATION Consider approval of a proclamation naming the month of May 2009 as OLDER AMERICANS MONTH; and authorizing the Mayor to sign. Each year the Administration on Aging (AoA) declares May as Older Americans month to assist state, tribal, area agencies on aging and community services with programs, activities or events that may take place in the month of May or throughout the year that bring awareness to the needs of senior citizens. The Coppell Senior Center embraces the focus and the efforts from the Administration on Aging and is joining with other local communities in proclaiming May as Older Americans Month to bring awareness to the programs and activities offered at the Coppell Senior Center and other local sites within the Dallas Metroplex. Staff recommends approval. ^Older Americans Month 1-AR Proclamation WHEREAS, older adults in the City of Coppell and throughout the nation 55 and older are an increasing population with evolving needs; and WHEREAS, older Americans are valuable members of our society who enhance our communities and personal lives; and WHEREAS, the increasing number of baby boomers reaching traditional retirement age highlights the need for increased support of older adults; and WHEREAS, our older citizens of today and tomorrow promise to be among the most active and involved older adult populations in our nation’s history; and WHEREAS, it is the responsibility of this and all U.S. communities to work collaboratively to address older adults’ unique health and long-term care challenges; and WHEREAS, it is crucial that communities modernize systems of care to help empower older Americans and give them more control over their own lives; and WHEREAS, communities can improve older citizens’ overall quality of life by helping them: Make behavioral changes in their lifestyles that can reduce the risk of disease, disability, and injury; Obtain the tools they need to make informed decisions about, and gain better access to, existing health and long-term care options in their communities; NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, TX and on behalf of the Coppell City Council, do hereby proclaim May, 2009 as “Older Americans Month” in the City of Coppell. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _______ day of May 2009. Douglas N. Stover, Mayor ATTEST:    Libby Ball, City Secretary   AGENDA REQUEST FORM DATE: May 12, 2009 ITEM #: 12 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 12, 2009 13/A ✔ PROCEDURAL Consider approval of minutes: April 28, 2009 Minutes of the City Council meeting held on April 28, 2009. Staff recommends approval. %minutes MINUTES OF APRIL 28, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 28, 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 Billy Faught, Councilmember Karen Hunt, Councilmember Councilmembers Hinojosa-Flores and Tunnell were absent. Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Oil & Gas Ordinance. 2. Discussion regarding Mira Mar Hearing Procedures. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road and west of Coppell Road. Mayor Stover convened into Executive Session at 5:46 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:55 p.m. and opened the Regular Session. cm042809 Page 1 of 13 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Identity Theft Policy. B. Discussion regarding the Fee Resolution. C. Discussion regarding Service/Arts Organizations’ Schedule. D. Discussion regarding Kirkland House/Minyards Renovation. E. Discussion regarding Restland Chapel Signage. F. Discussion of Agenda Items. Work Session was held at the beginning of the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Deacon Kory Killgo of St. Ann Parish led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Presentation of the Distinguished Budget Presentation Award to Finance Department. Mayor Stover presented the award for Distinguished Budget Presentation to Jennifer Miller, Director of Finance. 8. Graduation ceremony for Leadership Coppell Class of 2009. Mayor Stover presented graduation certificates to graduating members of Leadership Coppell. cm042809 Page 2 of 13 9. Consider approval of a proclamation naming April 27 through May 1, 2009 as Cleaning for a Reason Week, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Debi Bascu, President of Rag Mop Cleaning Service. Action: Mayor Pro Tem Franklin moved to approve a proclamation naming April 27 through May 1, 2009 as Cleaning for a Reason Week, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. 10. Consider approval of a proclamation naming the week of May 3 through May 9, 2009 as Municipal Clerks’ Week, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Christel Pettinos, Deputy City Secretary. Action: Councilmember Faught moved to approve a proclamation naming the week of May 3 through May 9, 2009 as Municipal Clerks’ Week, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. 11. Citizens' Appearances Mayor Stover advised no one signed up to speak. CONSENT AGENDA 12. Consider approval of the following consent agenda items: cm042809 Page 3 of 13 A. Consider approval of minutes: April 13, 2009 & April 14, 2009. B. Consider approval of an ordinance abandoning a utility and water line easement created by Ordinance #92547, located in the J. W. Anderson Survey, Abstract No. 18; reserving all existing easement rights of others if any, whether apparent or non-apparent, aerial, surface, underground or otherwise; providing for the furnishing of a certified copy of this ordinance for recording in the real property records of Dallas County, Texas as a quitclaim deed; and authorizing the Mayor to sign and to execute any necessary documents. C. Consider approval to award Bid #Q-0309-01 HVAC Maintenance Contract to Johnson Controls, Inc. in the amount of $97,056.00 as budgeted for a one year term beginning May 1, 2009 with options to renew an additional four years, and authorizing the City Manager to sign all necessary documentation. D. Consider approval of an agreement with Jalal Khorrami to acquire 0.026 acres of land, in order to expedite the Bethel Road improvements through Old Town, and authorizing the City Manager to sign and execute any necessary documents. E. Consider approval of a Resolution adopting the Identity Theft Policy in accordance with the Fair and Accurate Credit Transaction Act of 2003, and authorizing the Mayor to sign. F. Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to zoning fees; building inspection fees; Rolling Oaks Memorial Center and garbage collection fees and authorizing the Mayor to sign. G. Consider approval to extend the agreement with Direct Energy Business, LLC for an additional two year period cm042809 Page 4 of 13 for PSC Services and Electricity and authorize the City Manager to sign. H. Consider approval of entering into an agreement with DFW Communications, Inc. to purchase and install a Bidirectional Amplifier in the warehouse district located near Beltline and Interstate 635 in the amount of $62,804.39; and authorizing the City Manager to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B carrying Ordinance No. 2009-1226, C, D, E carrying Resolution No. 2009-0428.1, F carrying Resolution No. 2009-0428.2, G and H. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. 13. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2008-1205, the budget for the Fiscal Year October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Faught moved to approve Ordinance No. 2009-1227 approving an amendment to Ordinance No. 2008-1205, the budget for the Fiscal Year October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. 14. Consider approval to award Buy Board Quote to Gomez Floor Covering, Inc. in the amount of $79,653.49 for the replacement of the gymnasium floor at the Coppell Aquatic and cm042809 Page 5 of 13 Recreation Center as budgeted, and authorize the City Manager to sign and execute all necessary documents. Presentation: Sheri Moino, Facilities Manager, made a presentation to the Council. Action: Mayor Pro Tem Franklin moved to award Buy Board Quote to Gomez Floor Covering, Inc. in the amount of $79,653.49 for the replacement of the gymnasium floor at the Coppell Aquatic and Recreation Center as budgeted, and authorize the City Manager to sign and execute all necessary documents. Councilmember Hunt seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. 15. Consider approval of an agreement between the State of Texas and the City of Coppell in the amount of $552,466.80, plus any cost overruns, for the acquisition of Right-of-Way associated with State Highway 121 from the Tarrant/Dallas County line northeasterly to Denton Creek and authorizing the Mayor to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Peters moved to approve an agreement between the State of Texas and the City of Coppell in the amount of $552,466.80, plus any cost overruns, for the acquisition of Right-of-Way associated with State Highway 121 from the Tarrant/Dallas County line northeasterly to Denton Creek and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. cm042809 Page 6 of 13 16. Consider approval of an Ordinance Amending The Code Of Ordinances Of The City Of Coppell, Repealing Article 9-26, “Oil And Gas Drilling And Production,” In Its Entirety, And Replacing With A New Article 9-26, “Oil And Gas Drilling And Production,” Regulating The Drilling And Production Of Oil And Gas Wells; and authorizing the Mayor to Sign. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Councilmember Hunt moved to approve Ordinance No. 2009-1228 Amending The Code Of Ordinances Of The City Of Coppell, Repealing Article 9-26, “Oil And Gas Drilling And Production,” In Its Entirety, And Replacing With A New Article 9-26, “Oil And Gas Drilling And Production,” Regulating The Drilling And Production Of Oil And Gas Wells; and authorizing the Mayor to Sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. 17. Deliberate and decide the appeal of Mira Mar Development, LLC pursuant to §212.904 Texas Local Government Code to apportion the costs of municipal infrastructure improvements in accordance with applicable law for the Alexander Court Subdivision Development. Action: Mayor Pro Tem Franklin moved to deny Mira Mar Development’s appeal for a refund for installation of barrier curb in the amount of $40,000.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Peters moved to deny Mira Mar Development’s appeal for a refund for installation of extra drainage outlets in the amount of $14,000.00. Councilmember Faught seconded the motion; the motion cm042809 Page 7 of 13 carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Mayor Pro Tem Franklin moved to grant Mira Mar Development’s appeal for a refund for installation of offsite sidewalks in the amount of $12,465.00. Councilmember Peters seconded the motion; the motion carried 4-1 with Mayor Pro Tem Franklin and Councilmembers Peters, Faught and Hunt voting in favor of the motion, and Councilmember Brancheau voting against the motion. Councilmember Brancheau moved to deny Mira Mar Development’s appeal for a refund for the over-fill for pad sites in the amount of $5,000.00. Councilmember Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Faught moved to deny Mira Mar Development’s appeal for a refund for the construction of additional storm drain and Rip Rap in the amount of $23,500.00. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Faught moved to deny Mira Mar Development’s appeal for a refund for installation of an extra sanitary sewer manhole in the amount of $3,500.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Brancheau moved to deny Mira Mar Development’s appeal for a refund for installation of water line concrete caps in the amount of $3,000.00. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Peters moved to deny Mira Mar Development’s appeal for a refund for installation of screen wall exterior columns in the amount of $18,000.00. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Brancheau moved to deny Mira Mar Development’s appeal for a refund for installation of retaining walls and 4:1 slope in the amount of $52,000.00. Councilmember Faught seconded the motion; cm042809 Page 8 of 13 the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Hunt moved to deny Mira Mar Development’s appeal for a refund for redundant excavation in flood plain in the amount of $18,000.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Faught moved to deny Mira Mar Development’s appeal for a refund for floodplain study checking in the amount of $2,000.00. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Faught moved to deny Mira Mar Development’s appeal for a refund for floodplain delay in the amount of $16,000.00. Councilmember Hunt seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Mayor Pro Tem Franklin moved to deny Mira Mar Development’s appeal for a refund for surveying and landscape architect fees in the amount of $27,000.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Hunt moved to deny Mira Mar Development’s appeal for a refund for engineering fees in the amount of $22,000.00. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Peters moved to grant Mira Mar Development’s appeal for a refund for park fees in the amount of $11,265.00. Mayor Pro Tem Franklin seconded the motion; the motion carried 4-1 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters and Faught voting in favor of the motion, and Councilmember Hunt voting against the motion. Councilmember Peters moved to deny Mira Mar Development’s appeal for a refund for roadway assessment fees in the amount of $18,444.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 cm042809 Page 9 of 13 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Hunt moved to deny Mira Mar Development’s appeal for a refund for tree mitigation fees in the amount of $34,500.00. Councilmember Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Brancheau moved to deny Mira Mar Development’s appeal for a refund for inspection fees in the amount of $21,000.00. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Hunt moved to deny Mira Mar Development’s appeal for a refund for redundant water bacteria test in the amount of $2,500.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Hunt moved to deny Mira Mar Development’s appeal for a refund for the surrender of 0.725 acres of land mandated by the City in the amount of $125,000.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Brancheau moved to grant Mira Mar Development’s appeal for a refund for installation of extra 16” D.I. water tap in the amount of $4,500.00. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Faught moved to deny Mira Mar Development’s appeal for a refund for the wall permit and final plat approval in the amount of $123,000.00. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Brancheau moved to deny Mira Mar Development’s appeal for a refund for the dedication of 0.147 acres of land in the amount of $49,000.00. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and cm042809 Page 10 of 13 Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Mayor Pro Tem Franklin moved to deny Mira Mar Development’s appeal for a refund for water and sewer impact fees in the amount of $97,539.00. Councilmember Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Brancheau moved to deny Mira Mar Development’s appeal for a refund for screenwall exterior improvements in the amount of $35,000.00. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Faught and Hunt voting in favor of the motion. Councilmember Peters moved to grant Mira Mar Development’s appeal for a refund for attorney’s fees in the amount of $1,800.00. Councilmember Faught seconded the motion; the motion carried 4-1 with Mayor Pro Tem Franklin and Councilmembers Peters, Faught and Hunt voting in favor of the motion, and Councilmember Brancheau voting against the motion. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding Family Fish to be held May 9 from 9 am to 1 pm at Andy Brown East. B. Report by Mayor Stover regarding Education Foundation dinner on May 5. A. Mayor Stover reminded the community that Family Fish will be held on May 9 from 9 a.m. to 1 p.m. at Andy Brown East. B. Mayor Stover reported that May 5 is the Education Foundation Dinner. The Teacher of the Year for each campus will be announced. 19. 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. cm042809 Page 11 of 13 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 Faught reported for Councilmember Tunnell that the Ranchview students advanced to the UIL State competition. New breakfast and lunch rates are set for next year, as are new immunizations. The first day of school is August 24. Finally, Coppell residents can vote on LISD election issues at the Lewisville City Hall. B. Councilmember Peters congratulated the Coppell High School Girls Soccer Team on their State Championship. The team was honored at the School Board meeting. Teen Leadership Coppell is accepting applications for sophomores through May 11. Applications are available on the CISD or Chamber of Commerce website. Project Graduation is looking for additional donations from the community. See the Project Graduation website for more information. Finally, CISD is holding a Bond Election on May 9. C. Councilmember Faught announced May 6 from 8:30-10 a.m. is “Learn How to Use your Cell Phone/Camera” at NTHS. The Mother’s Day Tea is May 8. Wear your favorite hat and bring your favorite tea cup and pot. May 14 is Ranger Game Day for “Mature Texans Day.” May 26 is the trip to the Dallas World Aquarium and May 27 is the Celebrate May Birthdays Luncheon. D. Nothing to report. E. Nothing to report. F. Nothing to report. G. Councilmember Faught reported for Councilmember Tunnell that RHD will announce the new name for the hospital on May 14. On May 14, Trinity Medical Center will become a Baylor facility. H. Nothing to report. I. Nothing to report. J. Councilmember Hunt stated Metrocrest Social Services is booming in the employment assistance area. They are also looking at a pilot program for children to have lunches during the summer months. MSS will team up two elementary schools with a church in the Carrollton area. cm042809 Page 12 of 13 K. Councilmember Peters announced the General Assembly meeting will be June 12 at the DFW Hyatt. L. Mayor Pro Tem Franklin stated the last meeting held was April 11 and the next meeting scheduled is June 11. M. Mayor Pro Tem Franklin announced the Logistics Committee meeting is April 30. May 1 is the application deadline for Leadership North Texas. May 21 is the Board of Directors meeting, and September 22 is the Annual Membership Luncheon at the new Dallas Cowboy Stadium. N. Councilmember Faught reported that five teams of 20 participated in Paddlemania, where Mike Doocey from Fox 4 emceed. Town North Bank of Farmers Branch won the event. May is Older Americans Month, and October 12 is the Senior Golf Tournament. 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm042809 Page 13 of 13 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering May 12, 2009 13/B ✔ ORDINANCE Consideration of approval of an Ordinance of the City of Coppell, Texas, amending Chapter 3, Section 3-1-12 of the Code of Ordinances by amending the daily Water Conservation and Drought Contingency Plan; providing a savings 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, and authorizing the Mayor to sign and execute any necessary documents. Approval of this item is to bring the city into compliance with the requirements as specified with the Texas Water Development Board. Staff recommends approval of the changes to the Water Conservation and Drought Contingency Plan. #Water Conservation MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: May 12, 2009 REF: Consideration of approval of an Ordinance of the City of Coppell, Texas, amending Chapter 3, Section 3-1-12 of the Code of Ordinances by amending the daily Water Conservation and Drought Contingency Plan; providing a savings 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, and authorizing the Mayor to sign and execute any necessary documents. In 2007, the Texas Legislature amended Section 13.146 of the Texas Water Code to require each retail public utility that provides potable water service to 3,300 or more connections to submit a water conservation plan to Texas Water Development Board. In 2005, the city was required to prepare a Water Conservation and Drought Contingency Plan and submit it to the Texas Commission on Environmental Quality. The plan in 2005 was required for any retail public utility that provided water service to 5,000 or more connections. The item this evening is not a change from our current Water Conservation and Drought Contingency Plan. The only modification to the plan is the use of a new form generated by the Texas Water Development Board. Therefore, slight modifications have been made to the attached form to our Water Conservation and Drought Contingency Plan; however, no changes have been made to the plan itself. As a recap, the plan provides for five stages of conservation. Stage 1 is the Water Awareness Stage. This is initiated every year from May 15th to September 15th and seeks to accomplish a volunteer reduction water use. The only restriction in this stage is that no watering is allowed between the hours of 10 a.m. and 6 p.m. The use of non-spray irrigation systems and hand watering is allowed anytime of the day. Stage 2 is our Water Watch Stage. This stage is typically enacted at the request of the Dallas Water Utilities or when our water demands exceed 90% of our current maximum flow rate for five consecutive days. In this stage, water customers south of Sandy Lake Road are allowed to water on Sundays, Tuesdays and Thursdays and customers north of Sandy Lake Road are allowed to water on Saturdays, Tuesdays and Thursdays Again, no watering is allowed between the hours of 10 a.m. and 6 p.m., with the exception of non-spray irrigation systems and hand watering. Stage 3 is our Water Warning Stage. This is generally enacted by notification from Dallas Water Utilities or when our water demands exceed 95% of our current maximum flow rate for two consecutive days. In this stage, water customers south of Sandy Lake Road are allowed to water on Sundays and Thursdays and customers north of Sandy Lake Road are allowed to water on Saturdays and Tuesdays. Again, no outside watering is allowed between the hours of 10 a.m. and 6 p.m., the use of non-spray irrigation systems and hand watering is allowed anytime of the day but only on the two allowed watering days. Stage 4 is our Water Emergency Stage. This stage is generally enacted by notification from Dallas Water Utilities or when our water demands exceed 100% of our maximum flow rate from Dallas Water Utilities. In this stage, water customers south of Sandy Lake Road are only allowed to water on Sundays and customers north of Sandy Lake Road are only allowed to water on Saturdays. No watering is allowed between the hours of 10 a.m. and 6 p.m. with the exception of non-spray irrigation systems, which is allowed anytime of the day, but only on the one allowed watering day. In this stage, hand watering is restricted to only the one allowed water day. Stage 5 is our Emergency Water Shortage Stage. In this stage, no outside watering days are allowed, including non-spray irrigation and hand watering. Once the plan is approved it will be submitted to the Texas Water Development Board and once a year the City of Coppell will be required to provide an annual report discussing the target goals mentioned in the plan. Staff recommends approval of the changes to the Water Conservation and Drought Contingency Plan so it can be submitted to the Texas Water Development Board and staff will be available to answer any questions at the City Council meeting. WATER CODE TITLE 2. WATER ADMINISTRATION SUBTITLE B. WATER RIGHTS CHAPTER 13. WATER RATES AND SERVICES SUBCHAPTER A. GENERAL PROVISIONS Sec. 13.146. WATER CONSERVATION PLAN The commission shall require a retail public utility that provides potable water service to 3,300 or more connections to submit to the executive administrator of the board a water conservation plan based on specific targets and goals developed by the retail public utility and using appropriate best management practices, as defined by Section 11.002, or other water conservation strategies. Added by Acts 2007, 80th Leg., R.S., Ch. 1352, Sec. 6, eff. June 15, 2007. Added by Acts 2007, 80th Leg., R.S., Ch. 1430, Sec. 2.06, eff. September 1, 2007. WATER CODE TITLE 2. WATER ADMINISTRATION SUBTITLE B. WATER RIGHTS CHAPTER 11. WATER RIGHTS SUBCHAPTER A. GENERAL PROVISIONS Sec.11.002. DEFINITIONS. In this chapter and in Chapter 12 of this code: (8) "Conservation" means: (A) the development of water resources; and (B) those practices, techniques, and technologies that will reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (9) "Conserved water" means that amount of water saved by a holder of an existing permit, certified filing, or certificate of adjudication through practices, techniques, and technologies that would otherwise be irretrievably lost to all consumptive beneficial uses arising from storage, transportation, distribution, or application. (15) "Best management practices" means those voluntary efficiency measures developed by the commission and the board that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specified time frame. 0 z I II UI v0UI00 0 0 l UI 0 0 0 01mil t 0go Il Ill HIi J 1lIizii 0f Tl J 1 rTlO 1 n rTl 1 O 0 rTl 0 r0JrtTl r rTlr 0 5iaC1rTlrTl0H td rHt3 Z 0 fl i rn 5 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 3, SECTION 3-1-12 OF THE CODE OF ORDINANCES BY AMENDING THE DAILY WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS 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 Chapter 3, Section 3-1-12 of the Code of Ordinances of the City of Coppell, Texas, be, and the same is hereby amended by the approval and adoption of the City’s Water Conservation and Drought Contingency Plan attached hereto and to be included in full as a part of this ordinance as if recited verbatim herein: SECTION 2. That Ordinance No. 2005-1096 approved on April 12, 2005 is hereby repealed and any other 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 3. 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. 1 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 Section 3-1-12 of the Code of Ordinances as amended herein, shall be deemed guilty of a misdemeanor and, upon the first conviction, shall be punished by a fine not to exceed twenty-five ($25.00) dollars, upon second conviction be punished by a penalty of fine not to exceed fifty ($50.00) dollars for each offense, and upon the third and subsequent conviction shall be punished by a penalty of fine not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars for each offense, and each and every day such offense is continued, shall constitute a new separate offense. SECTION 6. 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: ______________________________________ JAYNE PETERS, MAYOR ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY 2 CITY OF COPPELL WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN Section 3-1-12 CODE OF ORDINANCES APRIL 2009 3 TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES…………………………………… 5 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES….. 5 2.1 Conservation Plans…………………………………………………………. 5 2.2 Drought Contingency Plans…………………………………………………. 6 3. MINIMUM REQUIRED WATER CONSERVATION PLAN CONTENT ……….. 6 3.1 Utility Profile……………………………………………………………….. 7 3.2 Specification of Water Conservation Goals…………………………………. 8 3.3 Accurate Metering of Treated Water Deliveries……………………………. 9 3.4 Metering of Customer and Public Uses and Meter Testing, Repair, Replace... 9 3.5 Determination and Control of Unaccounted Water …………………………… 10 3.6 Continuing Public Education and Information Campaign …………………….. 10 3.7 Non-Promotional Water Rate Structure ………………………………………. 11 3.8 Reservoir System Operation Plan …………………………………………….. 12 3.9 Implementation and Enforcement of the Water Conservation Plan …………… 12 3.10 Coordination with Regional Water Planning Group …………………………... 12 4. ADDITIONAL REQUIRED WATER CONSERVATION PLAN CONTENT ………. 13 4.1 Leak Detection and Repair; Pressure Control …………………………………. 13 4.2 Record Management System ………………………………………………….. 13 4.3 Requirement for Water Conservation Plans by Wholesale Customers ………… 14 5. OPTIONAL WATER CONSERVATION PLAN CONTENT ………………………… 14 6. DROUGHT CONTINGENCY PLAN …………………………………………………. 15 6.1 Declaration of Policy , Purposes and Intent …………………………………… 15 6.2 Public Education ………………………………………………………………. 15 6.3 Coordination with Regional Water Planning Groups ………………………….. 15 6.4 Application ……………………………………………………………………. 16 6.5 Definitions …………………………………………………………………….. 16 6.6 Criteria for Initiation Rescinding of Drought Response Stages ………………… 17 Stage 1 – Water Awareness Stage ……………………………………… 18 Stage 2 – Water Watch Stage …………………………………………… 19 Stage 3 - Water Warning Stage ………………………………………… 21 Stage 4 – Water Emergency Stage………………………………………. 23 Stage 5 – Emergency Water Shortage Stage…………………………….. 25 6.7 Variances ………………………………………………………………………. 25 6.8 Enforcement ……………………………………………………………………. 26 APPENDICES A Water Utility Profile ……………………………………………………………. 28 C1 Definitions of Utility Profile Terms …………………………………………….. 38 C2 Estimating the Technical Potential for Reducing Per Capita Water Use ……….. 42 D Letter to Region C Water Planning Group …………………………………….. 47 E Exhibits ………………………………………………………………………… 50 4 Water Conservation and Drought Contingency Plan 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development in Region C have led to growing demands for water. Additional supplies to meet higher demands will be expensive and difficult to develop. Therefore, it is important that we make efficient use of existing supplies and make them last as long as possible. This will delay the need for new supplies, minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation and drought contingency plans for public water suppliers. The City of Coppell has adopted this water conservation and drought contingency plan pursuant to TCEQ guidelines and requirements. The objectives of the water conservation plan are: • To reduce water consumption. • To reduce the loss and waste of water. • To identify the level of water reuse. • To improve efficiency in the use of water. • To extend the life of current water supplies by reducing the rate of growth in demand. The objectives of the drought contingency plan are: • To conserve the available water supply in times of drought and emergency. • To maintain supplies for domestic water use, sanitation, and fire protection. • To protect and preserve public health, welfare, and safety. • To minimize the adverse impacts of water supply shortages. • To minimize the adverse impacts of emergency water supply conditions. 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 2.1 Conservation Plans The TCEQ Rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as: 5 “A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document.” According to TCEQ rules, water conservation plans for public water suppliers must have a certain minimum content (Section 3), must have additional content for public water suppliers that are projected to supply 5,000 or more people in the next ten years (Section 4), and may have additional optional content (Section 5). 2.2. Drought Contingency Plans The TCEQ Rules governing development of drought contingency plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a drought contingency plan is defined as: “A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document.” The drought contingency plan for the City of Coppell is contained in Section 6 of this water conservation and drought contingency plan. 3. MINIMUM REQUIRED WATER CONSERVATION PLAN CONTENT The minimum requirements in the Texas Administrative Code for water conservation plans for public drinking water suppliers covered in this report are as follows: • §288.2(a)(1)(A) - Utility Profile – Section 3.1 and Appendix C • §288.2(a)(1)(B) - Specification of Goals Before May 1, 2009 – Section 3.2 • §288.2(a)(1)(C) - Specification of Goals After May 1, 2009 – Section 3.2 • §288.2(a)(1)(D) - Accurate Metering - Sections 3.3 and 3.4 • §288.2(a)(1)(E) - Universal Metering - Section 3.4 • §288.2(a)(1)(F) - Determination and Control of Unaccounted Water – Section 3.5 • §288.2(a)(1)(G) - Public Education and Information Program – Section 3.6 • §288.2(a)(1)(H) - Non-Promotional Water Rate Structure – Section 3.7 • §288.2(a)(1)(I) - Reservoir System Operation Plan – Section 3.8 • §288.2(a) (1) (J) - Means of Implementation and Enforcement – Section 3.9. • §288.2(a)(1)(K) - Coordination with Regional Water Planning Group – Section 3.103.1. 6 3.1 Utility Profile Appendix C to this water conservation plan is a water utility profile for the City of Coppell, based on the format recommended by the TCEQ. Table 3.1 summarizes key facts from the Water Utility Profile. Table 3.1 Summary of Water Utility Profile for the City of Coppell Water Service Area = 14.7 square miles Miles of Distribution Pipe = 169 miles Population: Current Population = 39,640 in 2008 2000 Population = 35,950 Projected 2060 Population = 39,700 Connections: Current Connections = 12,103 in 2008 Total Increase in Connections in Last 3 Years = 272 Information on Water Use for the Last Five Years: Year Use Estimated Municipal Unaccounted Peak Day Million Gallons Population* Per Capita (per Year) Million Gallons Water Million Gallons to Average Day 2004 2610 38,887 .0671 257 2.52 2005 3456 39,196 .0882 303 1.80 2006 3684 39,367 .0936 248 1.80 2007 2564 39,550 .0648 45 2.10 2008 3222 39,640 .0813 169 2.10 *Source of population estimate is NCTCOG Water Supply Source(s) = Dallas Water Utilities Treatment and Distribution System : Treatment Plan Capacity = N/A million gallons per day Elevated storage = 3.5 million gallons Ground storage = 10 million gallons Current Total Annual Wastewater Flow = 1,219 million gallons in 2008. 7 3.2 Specification of Water Conservation Goals Table 3.2 shows projected per capita municipal uses obtained from the Texas Water Development Board (TWDB) and interpolated to match the appropriate years for the 5-year and 10-year goals. The TWDB projections are applicable for a dry year, in which outdoor water use would be high. Per capita municipal water use in a year with normal or high precipitation during the summer should be less than projected here. Table 3.2 2006 Regional Water Plan City Water Demand Projections 2000-2060 COPPELL D2000 D2010 D2020 D2030 D2040 D2050 D2060 Ac-Ft 8,177 10,140 10,090 10,033 10,016 9,996 10,016 1000 Gals 2,664,884 3,304,626 3,288,331 3,269,755 3,264,214 3,257,696 3,264,214 Table 3.3 shows historical and projected per capita municipal water use for the City of Coppell. Water use is shown in units of gallons per capita per day (gpcd). Municipal water use is total use less wholesale sales to other municipal suppliers less sales to industrial users. Per capita municipal water use is municipal water use divided by population. The per capita municipal water use does not include industrial use. The TWDB projections include the impact of low-flow plumbing fixtures and water conservation measures that have been in effect since at least 2000 but do not include the effect of water conservation measures recommended in this plan. Table 3.3 shows the projected per capita water use after implementation of this water conservation and drought contingency plan. Table 3.3 Projected Per Capita Use Without Implementation of Water Conservation Measures Beyond Those in Effect in 2009 and Water Conservation Goals Highest Historical Five-Year Goal Ten-Year Goal Description Year GPCD GPCD GPCD Historical Per Capita Municipal Use 2009 226 - - Projected Per Capita Municipal Use Without Low-Flow Plumbing Fixtures from TWDB - - 228 228 Projected Reduction Due to Low-Flow Plumbing Fixtures - - 3 4 Projected Per Capita Municipal Use With Low-Flow Plumbing Fixtures - - 225 224 Projected Reduction Due to Water Conservation Measures in this Plan - - 8 10 Projected Per Capita Water Use Goals - - 217 214 8 The City’s water conservation goals include the following: • Achieve year 2014 per capita municipal water use of 217 gpcd or less, as shown in Table 3.3. This represents a reduction of 11 gpcd from the TWDB’s projected per capita municipal water use without low-flow plumbing fixtures and other conservation measures in place since 2000. • Achieve year 2019 per capita municipal water use of 214 gpcd or less, as shown in Table 3.3. This represents a reduction of 14 gpcd from the TWDB’s projected per capita municipal water use without low-flow plumbing fixtures and other conservation measures in place since 2000. • Implement and maintain a meter replacement program (Section 3.4). • Keep the level of unaccounted water in the system less than 8 percent in 2010 and subsequent years (Section 3.5). • Raise public awareness of water conservation and encourage responsible public behavior through a public education and information program (Section 3.6). • Decrease outdoor water use by implementing the following program: Drought resistant landscaping in the medians of City streets. 3.3 Accurate Metering of Treated Water Deliveries All treated water is metered through the City of Dallas’ Rate of Flow Controller at 1101 Village Parkway. This device is tested every two months by the City of Dallas and has an accuracy of ± 0.3% average. The City of Coppell meters all water leaving our pump station through a transient time meter which is tested twice a year and has an accuracy of ± 1%. 3.4 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement Water usage for all customers of the City of Coppell, including public and governmental users, is metered. As part of this water conservation plan, the City of Coppell will implement a meter replacement program that will replace every residential meter on a 10-year cycle. Initial efforts will focus on the oldest meters in the system. The City currently replaces about 1100 meters every year. In addition, residential meters registering any unusual or questionable readings will be replaced when the irregularity is noticed, regardless of age. 9 3.5 Determination and Control of Unaccounted Water Unaccounted water is the difference between treated water obtained from Dallas and metered sales by Coppell to our customers. Unaccounted water can include several categories: • Inaccuracies in customer meters (customer meters tend to run more slowly as they age and under-report actual use); • Losses due to water main breaks and leaks in the water distribution system; • Losses due to flushing of lines; • Losses due to illegal connections; • Losses due to fire fighting efforts; and • Other. Apparent water losses include water that was actually used but not accounted for, such as customer meter errors or theft. Accounting for apparent losses increases the city’s utility revenue but does not reduce water usage. Real losses include leakage and overflows at the water facilities. Identifying and preventing real losses decreases a utility’s costs and decreases water usage. Strategies to address apparent water loss: ƒ Meter replacement as noted in Section 3.4; ƒ Meter all flushing of water lines; ƒ Monitor construction activity to ensure meters are used, especially when new lines are being flushed prior to being placed in service; and ƒ Work closely with Fire Department to estimate water used in fire fighting activities. Strategies to address real water loss: ƒ Respond to all identified water leaks within two hours and make repairs within 24 hours after utility locates, and estimate total unaccounted for water for tracking purposes; ƒ Replace one segment of the water system yearly that has experienced two or more leaks. As shown in Appendix C, unaccounted water for the City of Coppell has varied from 0.77 percent to 9.85 percent in the last five years. With the measures described in this plan, the City of Coppell intends to maintain the unaccounted water below 8 percent in 2010 and subsequent years. If unaccounted water exceeds this goal, the City of Coppell will implement a more intensive audit to determine the source(s) of water loss and reduce the unaccounted water. 3.6 Continuing Public Education and Information Campaign The continuing public education and information campaign on water conservation for the City of Coppell includes the following elements: 10 • Include inserts on water conservation with water bills at least twice per year. Inserts will include material developed by City of Coppell staff and material obtained from the TWDB, the TCEQ, and other sources. • Encourage local media coverage of water conservation issues and the importance of water conservation. • Make the Texas Smartscape CD, water conservation brochures, and other water conservation materials available to the public at the City of Coppell Utility Department and other public places. • Make information on water conservation available online at www.ci.coppell.tx.us and include links to the Texas Smartscape web site and to information on water conservation on the TWDB and TCEQ web sites. ƒ Provide information on water conservation on the City’s cable access channel. 3.7 Non-Promotional Water Rate Structure With the intent of encouraging water conservation and discouraging waste and excessive use of water, the City of Coppell has adopted an increasing block rate water structure where the unit price of water increases with increasing water use. Current water rates are shown in Tables 3.4 and 3.5. Table 3.4 Monthly Meter Base Rate: Meter Size (in) Total Charge Meter Size (in) Total Charge 5/8 $12.00 3 $48.40 1 $16.20 4 $64.60 1 ½ $24.25 6 $96.75 2 $32.25 8 $129.00 11 Table 3.5 Volume Unit Charges: Water User Type/Volume Volume Unit Charge ($/1,000 gal) 0-1,000 gal $12.00 1,001-25,000 gal $2.60 Residential More than 25,000 gal $3.25 Commercial 0+ $2.60 3.8 Reservoir System Operation Plan N/A 3.9 Implementation and Enforcement of the Water Conservation Plan This plan is part of an ordinance approved by City of Coppell City Council. The ordinance designates responsible officials to implement and enforce Water Conservation and Drought Contingency Plan. 3.10 Coordination with Regional Water Planning Group Appendix D includes a copy of a letter sent to the Chair of the Region C Water Planning Group with this Water Conservation and Drought Contingency Plan. 12 4. ADDITIONAL REQUIRED WATER CONSERVATION PLAN CONTENT The Texas Administrative Code also includes additional requirements for water conservation plans for public drinking water suppliers that serve a population of 5,000 people or more and/or a projected population of 5,000 people or more within the next ten years: • §288.2(2)(A) – Leak Detection, Repair, and Water Loss Accounting – Sections 3.5, 4.1, and 5.5 • §288.2(a)(2)(B) – Record Management System – Section 4.2 • §288.2(a)(2)(C) – Requirement for Water Conservation Plans by Wholesale Customers – Section 4.3 4.1 Leak Detection and Repair; Pressure Control Measures to control unaccounted water are part of the routine operations of the City of Coppell. Meter readers watch for and report signs of illegal connections so they can be addressed quickly. Crews and personnel look for and report evidence of leaks in the water distribution system. Maintenance crews respond quickly to repair leaks reported by the public and city personnel. The City of Coppell spends $550,000 per year to maintain and make repairs to the water distribution system. The City has 2 (6 full time employees) distribution line maintenance crews. Areas of the water distribution system in which numerous leaks and line breaks occur are targeted for replacement as funds are available. To reduce real water losses, the City of Coppell will maintain a proactive water loss program. As part of this program, the City will implement the following actions: • Respond to leaks within two hours and repair within 24 hours after utility locates; • Replace residential meters showing irregular readings within five working days; • Control pressure to above the minimum standard-of-service level including fire requirements; and • Limit surges in pressure. 4.2 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), the record management system for the City of Coppell records water pumped, water delivered, and water sold; estimates water losses; and allows for the separation of water sales and uses into residential, commercial, public/institutional, and industrial categories. 13 4.3 Requirement for Water Conservation Plans by Wholesale Customers At this time, the City of Coppell is not a wholesale water provider. After adoption of this plan, any contract for the wholesale sale of water by the City of Coppell will include a requirement that the wholesale customer develop and implement a water conservation plan meeting the requirements of Title30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code. This requirement will also extend to each successive wholesale customer in the resale of the water. 5. Optional Water Conservation Plan Content N/A 14 6. DROUGHT CONTINGENCY PLAN 6.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Coppell hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Daily Water Conservation and Drought Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section H of this Plan. 6.2 Public Education The City of Coppell will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. The City may provide public education concerning the provisions of the water conservation to include, but not limited to, the following: • Webpage • Water bill inserts • Direct mail-outs • Publication in the official City newspaper • Press releases to local and area media • City's cable access channel • Periodic status reports to the City Council on drought response programs, water emergencies and their results. 6.3 Coordination with Regional Water Planning Groups The City of Coppell purchases treated water through a wholesale water supply contract with the City of Dallas. If there is a shortage in the water supplied to the City from any cause, Dallas Water Utilities (DWU) or other supplier may reduce the volume of treated water that is supplied. The reduction in the water distributed to the City is on a pro rata basis among all of the wholesale customers of the water supplier. If DWU or other water supplier imposes a curtailment on water delivered, the City is required to cooperate by imposing conservation measures. 15 DWU, the current supplier, or other water supplier has implemented a Drought Contingency Plan that includes water use restrictions that are applicable to the City of Coppell. The proposed stages and initiation conditions in this Plan are in accordance with the provisions established by DWU or other water supplier. The service area of the City of Coppell is located within the Region C Regional Water Planning Group. The City of Coppell provided information to Chiang, Patel and Yerby, Inc. for inclusion in the “2000 Update Long Range Water Supply Plan” for Dallas Water Utilities. 6.4 Application The provisions of this Plan shall apply to all persons using water for watering for residential or non-residential customers of the City's water service whether or not such persons are located within the City limits. The term’s “person” and “customer” as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. 6.5 Definitions For the purposes of this Plan, the following definitions shall apply: 1. City shall mean the City of Coppell, Texas. 2. School shall mean the Coppell Independent School District, the Carrollton Farmers Branch Independent School District, and Lewisville Independent School District. 3. Homeowners Association or Commercial Property Owners Association (HOA's /POA 's) shall mean a formal nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner in a specific area is automatically a member and (b) each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property, and (c) the charge if unpaid, becomes a lien against the nonpaying member' s property. 4. Common Property is real property including but not limited to: parks, lakes, open space; trails and/or floodplain management areas. Common property is either owned in fee, controlled as an easement or is property leased by a Homeowners Association or Commercial Property Owners Association for the common use, enjoyment and benefit of the members of the Homeowners Association or Commercial Property Owners Association. All common property shall be maintained by the members of the Homeowners Association or Commercial Property Owners Association, not the City. 16 5. Hand watering shall mean watering or applying water to a lawn, garden, or landscaping while holding the discharge end of a water hose. 6. Non-spray irrigation system shall mean use of soaker hoses, drip or bubble irrigation systems, or other means of applying water to an area without spraying the water into the air. 7. Irrigation shall mean watering or applying water to a lawn, garden, or landscaping through the use of underground systems with pop-up heads, sprinklers attached to water hoses, unattended water hoses or any other means of applying water to a lawn, garden, or landscaping which does not fit the definition of a non-spray irrigation system. 8. City Manager shall mean the chief executive officer of the City of Coppell under the Home Rule Charter or his designee. 9. Residential shall include the following districts: SF-ED, SF- 18, SF- 12, SF-9, SF- 7, SF-0, 2F-9, TH-1, TH-2, MF-1, MF-2, and MH as defined by the Comprehensive Zoning Ordinance. 10. Non-residential shall include all districts not defined as residential districts by the Comprehensive Zoning Ordinance and all common property maintained by a Homeowners Association or Commercial Property Owners Association. 11. Watering shall mean watering or applying water on the lawn, trees, landscaping, flower beds, fields, playground areas, gardens, common property, City maintained property, School maintained property or other non permeable surfaces in any zoning district by hand watering, non-spray irrigation systems, irrigation systems or any other means. 6.6 Criteria for Initiation Rescinding of Drought Response Stages, and Drought Response Stages The City Manager or his/her designee shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Depending on the availability of water and the City's ability to supply essential water demands and fire protection, the City Manager, upon notification to the City Council, may implement the Plan prior to May 15 or extend the plan beyond September 15, in any given year. The City Manager, upon notification to the City Council, is authorized to move from Stage to Stage within the Plan when requirements for initiation or rescinding are met. The City Manager, upon notification to the City Council, may also make minor changes to the Plan that are not detrimental to the effectiveness of the overall Plan. The following procedures are required to initiate or rescind each stage of the Plan: 17 • Notification must be made by public announcement. • The order becomes effective immediately upon public announcement. • Notification will be provided for publication in the City's official newspaper after public announcement. The newspaper is published each Friday of the month. Additional notification will be provided by information posted on the City’s webpage and cable access channel. The initiation conditions described herein for each response stage are based on historical analysis and recognized vulnerability of the water supply source and water distribution system during high water use demands and drought conditions. 1. Stage 1 - Water Awareness Stage a) Initiation Conditions: Stage 1 of the Plan shall be shall be implemented when one or more of the following conditions occur: 1) Annually, beginning on May 15 through September 15. 2) Short-term deficiencies in the City's distribution system limit supply capabilities. b) Goals: 1) Achieve a voluntary reduction in water use. c) Demand Management Measures: 1) No outside watering between the hours of 10 a.m. and 6 p.m., with the exception of the use of non-automatic spray irrigation systems and hand watering which will be allowed all days, at all times. The use of non-spray irrigation systems and hand watering will be allowed at all times in Stage 1. 2) City will encourage water conservation by increasing awareness of Water Conservation techniques though the use of various available means including but not limited to: web page, direct mail-outs, water bill inserts, cable access channel, press releases or other means available to advise the public of the requirements of this ordinance. 18 d) Rescinding Conditions: 1) Stage 1 of the Plan shall be automatically rescinded on September 15 of each year, unless there is still a short-term deficiency in the City’s distribution system or unless a different stage has been enacted and is still in force. 2. Stage 2 - Water Watch Stage a) Initiation Conditions: Stage 2 of the Plan shall be implemented when one or more of the following conditions occur: 1) Notification is received from DWU requiring implementation of like procedures by wholesale customers. 2) Water demands exceed ninety percent (90%) of the current maximum flow rate contracted with DWU for five (5) consecutive days. 3) Ground Storage Reservoir levels do not recover for two (2) consecutive days. 4) Short-term deficiencies in the City's distribution system limit supply capabilities. b) Goals: 1) Reduce the average daily water demand below 90% of the current maximum flow rate contracted from DWU. c) Demand Management Measures: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays, Tuesdays and Thursdays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays, Tuesdays and Thursdays. 3) Non-residential water customers must conduct all watering on Mondays, Wednesdays, and Fridays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other 19 areas maintained by the City on Mondays, Wednesdays and Fridays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays, Wednesdays, and Fridays. 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Mondays, Wednesdays, and Fridays. 7) No watering, other than by non-residential users, the City, Schools, and/or HOA’s/POA's will be allowed on Mondays, Wednesdays and Fridays without an approved variance. 8) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 9) No outside watering will be allowed between the hours of 10:00 a.m. and 6:00 p.m. with the exception of the use of non-automatic spray irrigation systems and hand watering which will be allowed all days, at all times. Use of non-spray irrigation systems and hand watering will be allowed all days. d) Rescinding Conditions: 1) Stage 2 of the Plan shall be rescinded when all of the initiating conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 2, Stage 1 - Water Awareness Stage becomes operative unless also rescinded. 20 3. Stage 3 - Water Warning Stage a) Initiation Conditions: Stage 3 of the Plan shall be implemented when one or more of the following conditions occur: 1) Notification is received from DWU requiring water demand reductions in accordance with contract obligations for wholesale customers. 2) Water demands exceed ninety-five percent (95%) of the current maximum flow rate contracted with DWU for five (5) consecutive days. 1) Short-term deficiencies in the City's distribution system, such as system outage due to the failure or damage of major water system components, limit supply capabilities. 2) Ground Storage Reservoir levels do not recover for three (3) consecutive days. b) Goals: 1) Reduce the average daily water demand below 95% of the current maximum flow rate contracted from DWU. c) Demand Management Measures: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays and Thursdays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays and Tuesdays. 3) Non-residential water customers must conduct all watering on Mondays and Fridays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the City on Mondays and Fridays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays and Fridays. 21 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Mondays and Fridays. 7) No watering, other than by non-residential users, the City, Schools, and/or HOA's/POA's will be allowed on Mondays and Fridays without an approved variance. 8) No watering will be allowed on Wednesdays, with the exception of non-spray irrigation systems, which will be allowed all days. Hand watering is restricted to the two allowed days. 9) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 10) In a Stage 3 Water Warning Stage, persons should contact the City Engineer's office prior to installing new landscaping to determine if a variance will be considered. As a general rule, no variance will be allowed during a Stage 3 Water Warning State. The City Engineer or designee, in a Stage 3 Water Warning State may revoke approved variances, if deemed necessary to preserve the City's ability to supply essential water demands and fire protection. 11) No outside watering will be allowed between the hours of 10:00 a.m. and 6:00 p.m. with the exception of the use of non-automatic spray irrigation systems which will be allowed all days, at all times. Hand watering will be restricted to the two allowed days. d) Rescinding Conditions: 1) Stage 3 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 3, Stage 2 - Water Watch Stage becomes operative unless also rescinded. 22 4. Stage 4 - Water Emergency Stage a) Initiation Conditions Stage 4 of the Plan shall be implemented when one or more of the following conditions occur: 1) Notification is received from DWU requiring water demand reductions in accordance with contract obligations for wholesale customers. 2) Water demands exceed 100 percent (100%) of the current maximum flow rate contracted with DWU for two (2) consecutive days. 3) Short term deficiencies in the City’s distribution system, such as system outage due to the failure or damage of major water system components, limit supply capabilities. 4) Ground Storage reservoir levels do not recover for four (4) consecutive days. b) Goals: 1) Reduce the average daily water demand below 95% of the current maximum flow rate contracted from DWU. c) Demand Management Measures: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays. 3) Non-residential water customers must conduct all watering on Wednesdays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the City on Wednesdays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Wednesdays. 23 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Wednesdays. 7) No watering, other than by non-residential users, the City, Schools, and/or HOA’s/POA's will be allowed on Wednesdays. 8) No watering will be allowed on Mondays, Tuesdays, Thursdays and Fridays, with the exception of non-spray irrigation systems, which will be allowed all days. No outside watering will be allowed between the hours of 10:00 a.m. and 6:00 p.m. with the exception of the use of non-automatic spray irrigation systems which will be allowed all days, at all times. Hand watering is restricted to the one allowed day. 9) Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 10) In a Stage 4 Water Emergency Stage, persons should refrain from installing new landscaping. No variance for watering more than one day per week will be allowed during a Stage 4 Water Emergency State. The City Engineer or designee, in a Stage 4 Water Emergency State will revoke any variances approved during the Stage 3 Water Warning Stage. d) Rescinding Conditions: 1) Stage 4 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 4, Stage 3 - Water Warning Stage becomes operative unless also rescinded. 24 5. Stage 5 - Emergency Water Shortage Stage a) Initiation Conditions: Stage 5 of the Plan shall be implemented when the City Manager determines that a water supply emergency exists based on one or more of the following conditions: 1) Any major water system component failure that causes the unprecedented loss of capability to provide water service. 2) Natural or man-made contamination of the water supply source(s). b) Goals: 1) Restrict all watering to allow the water system to recover from the emergency condition. c) Demand Management Measures: 1) No outdoor watering will be allowed. 2) Door hangers will be placed on all houses in the affected area providing information about the situation. d) Rescinding Conditions 1) Stage 5 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist. The City Manager will then determine what stage of the Plan should be implemented and the specific water use restrictions required to preserve the City's ability to meet essential water demand and fire protection. 6.7 Variances 1. The City Manager, or his/her designee, may, in writing, grant variances for water uses to establish new lawns or landscaping otherwise prohibited under this Plan under Stage 1 or 2, as provided herein. Persons requesting a variance from the provisions of this Plan shall file a request with the City of Coppell to be reviewed by the City Manager, or his/her designee, and shall include the following: a) Name and address of the petitioner(s). 25 b) Purpose of water use (only consideration will be for new lawns or landscaping). c) Detailed statement as to how the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. d) Period of time for which the variance is sought. e) Other pertinent information. 2. Variance may be granted to persons under conditions criteria established herein while on vacation in the event that power failures or other acts beyond their control cause irrigation systems to malfunction and water on the wrong day. A vacation variance shall meet the following: a) A maximum two week period. b) Request considered only during Stage 1, 2 or 3. 3. Variances granted by the City of Coppell shall be subject to the following conditions, unless waived or modified by the City Manager or his/her designee: a) Variances granted shall include a timetable for compliance. b) Variances will only be considered if the City is in Stage 1 or 2 (or Stage 3 for a vacation variance). c) All variance forms shall be prominently displayed near the front door. d) Any variance may be revoked if conditions worsen. e) Variances shall expire when the Plan is no longer in effect. f) No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 6.8 Enforcement No person shall knowingly or intentionally allow the use of water from the City of Coppell for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the Stage in effect at the time pursuant to action 26 taken by the City Manager, or his/her designee, in accordance with provisions of this Plan. A person who violates this Plan is guilty of a separate offense for each day or portion of a day during which the violation continues. 27 APPENDIX A Water Utility Profile 28 WRD-264 (2-25-05) TEXAS WATER DEVELOPMENT BOARD UTILITY PROFILE The purpose of the Utility Profile is to assist with water conservation plan development and to ensure that important information and data be considered when preparing your water conservation plan and its target and goals. Please complete all questions as completely and objectively as possible. See Water Conservation Plan Guidance Checklist (WRD-022) for information on other water conservation provisions. You may contact the Municipal Water Conservation Unit of the TWDB at 512-936-2391 for assistance. APPLICANT DATA Name of Utility: City of Coppell Address & Zip: 255 Parkway Blvd. Coppell, TX 75019 Telephone Number: 972-304-3686 Email: engineer@ci.coppell.tx.us Fax: 972-304-7041 Form Completed By: Kenneth M. Griffin, P. E. Title: Director of Engineering/Public Works Signature: _____________________ Date: May 1, 2009 Name and Phone Number of Person/Department responsible for implementing a water conservation program: Name: Kenneth M. Griffin, P. E. Phone: 972-304-3686 UTILITY DATA I. CUSTOMER DATA A. Population and Service Area Data 1. Please attach a copy of your Certificate of Convenience and Necessity (CCN) from the TCEQ 2. Service area size (square miles): 14.7 29 3. Current population of service area: 39,640 4. Current population served by utility: a: water 39,640 b: wastewater 3 9,640 5. Population served by water utility 6. Projected population for for the previous five years: service area in the following decades: Year Population Year Population 2008 39,640 2010 39,700 2007 39,550 2020 39,700 2006 39,367 2030 39,700 2005 39,196 2040 39,700 2004 38,887 2050 39,700 7. List source(s)/method(s) for the calculation of current and projected population: Population + (dwelling units projected x household size x occupancy rate) 2010 is projected build out year B. Active Connections 1. Current number of active connections by user type. If not a separate classification, check whether multi-family service is counted as Residential X or Commercial _____ Treated water users: Metered Not-metered Total Residential-Single-Family 10,808 __________ 10,808 Residential-Multi-Family ________ __________ Commercial 1,295 __________ 1,295 Industrial ________ __________ Public ________ __________ Other ________ __________ 30 2. List the net number of new connections per year for most recent three years: Year 2006 2007 2008 Residential –Single-Family 110 43 <43> Residential-Multi-Family ________ ________ ________ Commercial 21 50 91 Industrial ________ ________ ________ Public ________ ________ ________ Other ________ ________ ________ C. High Volume Customers List annual water use for the five highest volume retail and wholesale customers (Please indicate if treated or raw water delivery.) indicate Customer Use (1,000gal./yr.) Treated OR Raw (1) Gateway Business Park 27,253 T (2) HCA North Texas 22,672 T (3) Mansions by the Lake 20,948 T (4) St. Marin 17,125 T (5) _______________ _________ _________ 31 II. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years (in 1,000 gal.): Please indicate: Diverted Water _________ Treated Water X Year 2004 2005 2006 2007 2008 January 148,275 142,652 217,677 136,298 151,064 February 110,557 124,085 167,990 167,117 163,523 March 161,192 160,922 212,896 187,485 175,236 April 220,710 257,105 269,646 112,437 164,155 May 232,771 278,364 342,656 183,739 252,077 June 253,939 363,038 479,754 208,633 352,719 July 329,685 443,318 445,136 244,848 493,153 August 350,897 415,720 494,776 363,269 465,772 September 316,763 409,973 334,759 308,698 308,104 October 191,300 381,003 316,410 254,893 287,491 November 163,745 236,962 233,619 232,128 212,629 December 129,839 216,041 168,867 164,654 195,960 Total 2,609,673 3,456,183 3,684,176 2,564,209 3,221,883 Please indicate how the above figures were determined (e.g., from a master meter located at the point of a diversion from a stream or located at a point where raw water enters the treatment plant, or from water sales). Dallas Water Utilities Master Meter _____________________________________________________________________ _____________________________________________________________________ 2. Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types for the past five years. Year Residential Commercial Industrial Wholesale Other Total Sold 2004 1,628,290 724,244 ________ ________ ________ 2,352,534 2005 2,140,620 1,012,291 ________ ________ ________ 3,152,911 2006 2,200,770 1,158,703 ________ ________ ________ 3,359,473 2007 1,600,316 856,715 ________ ________ ________ 2,457,032 2008 1,792,881 1,060,020 ________ ________ ________ 2,997,117 32 3. List previous five years records 4. List previous five years records for water loss annual peak-to-average daily use ratio Year Amount (gal.) Year Average MGD Peak MGD Ratio 2004 257,139,000 (9.85%) 2004 7.150 16.984 2.52 2005 303,272,000 (8.77%) 2005 9.468 17.053 1.80 2006 247,796,896 (6.73%) 2006 10.093 18.175 1.80 2007 44,499,817 (1.74%) 2007 7.025 14.774 2.10 2008 168,771,581 (5.24%) 2008 8.827 18.515 2.10 5. Total per capita water use for previous five years: Total Diverted (or Per Capita Year Population Treated Less Wholesale (gpcd) Sales (1,000 gal.) 2004 38,887 2,609,673 184 2005 39,200 3,456,183 242 2006 39,500 3,684,176 256 2007 39,538 2,564,209 177 2008 39,640 3,221,883 222 6. Seasonal water use for the previous five years (in gallons per person per day): Base Per Summer Per Year Population Capita Use Capita Use 2004 38,887 111 261 2005 39,200 138 339 2006 39,500 158 391 2007 39,538 133 224 2008 39,640 143 360 B. Projected Water Demands Project water supply requirements for at least the next ten years using population trends, historical water use, and economic growth, etc. Indicate sources of data and how projected water demands were determined. Attach additional sheets if necessary. Year Projected Demand (Ac-Ft) Source of Data 2010 10,140 2006 Regional Water Plan 2020 10,090 2006 Regional Water Plan 2030 10,033 2006 Regional Water Plan 2040 10,016 2006 Regional Water Plan 2050 9,996 2006 Regional Water Plan 33 III. WATER SUPPLY SYSTEM A. Water Supply Sources List all current water supply sources and the amounts available with each: Source Amount Available Surface Water: _________________ ___________MGD Groundwater: _________________ ___________MGD Contracts: Dallas Water Utilities 29 MGD Other: _________________ ___________MGD B. Treatment and Distribution System 1. Design daily capacity of system: 28 MGD 2. Storage Capacity: Elevated 3.5 MGD Ground 10 MGD 3. If surface water, do you recycle filter backwash to the head of the plant? Yes ______ No X If yes, approximately ________ MGD. 4. Please describe the water system. Include the number of treatment plants, wells, and storage tanks. If possible, include a sketch of the system layout. The City of Coppell Water Distribution System is comprised of two ground storage reservoirs (GSR), one water pump station, two elevated storage tanks (EST) and the distribution piping. The GSR’s and the water pump station are located at 1101 Village Parkway Drive. The EST’s are located at 1001 Northpoint Drive and 520 Southwestern Blvd. The distribution piping is located within city right of way or easements. Treated water is purchased from the City of Dallas. The City of Coppell does not have a water source nor does it provide any full-scale water treatment. The City of Dallas pumps treated water from its Elm Fork Treatment Plant, located in Carrollton, Texas directly into the GSR’s via a rate of flow controller located at the pump station. The GSR’s have a total storage capacity of 10 million gallons. The Village Parkway Pump Station was constructed in 1989, along with a 4 million-gallon GSR. A 6 million-gallon GSR was constructed in 1997, along with the expansion of the pump station. 34 The pump station pumps treated water from the GSR’s into the distribution system. The pump station has one 600 HP pump, three 450 HP pumps and two 250 HP pumps. The pump station has two separate 4160 volt power sources. Each power source is capable of running all six pumps at the same time. There is also a diesel generator at the pump station that can operate both 250 HP pumps at the same time. The pump station has the ability to supply up to 28 MGD. Our current usage, on a max day, is about 17 MGD. The pump station also has a small chlorination unit that is used to improve the chloramine residual during the winter months, when water usage is at a minimum. The entire city operates on one pressure plane. The distribution system is made up of over 860,000 feet of pipe ranging in diameter from 2 inches to 30 inches. However, most of the system is 8” or greater. In addition to the piping, the distribution system contains about 1950 fire hydrants, 3900 valves and various other appurtenances. The EST’s are both located on the western edge of the city. The EST at 520 Southwestern Blvd. has a capacity of 1.5 million gallons and was constructed in 1981. The EST at 1001 Northpoint Drive has a capacity of 2 million gallons and was constructed in 1999. Both tanks provide storage capacity and pressurize the distribution system. 35 IV. WASTEWATER UTILITY SYSTEM A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s): N/A MGD 2. Is treated effluent used for irrigation on-site N/A, off-site N/A, plant washdown N/A, or chlorination/dechlorination N/A? If yes, approximately ________ gallons per month. Could this be substituted for potable water now being used in these areas _________? 3. Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe how treated wastewater is disposed of. Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and, if wastewater is discharged, the receiving stream. Please provide a sketch or map which locates the plant(s) and discharge points or disposal sites. The City of Coppell Wastewater Collection System is comprised of collection pipes and two lift stations. The lift stations are located at 1098 E. Sandy Lake Road and 600 Deforest Road. The collection pipes are located within right of way or easements. The Trinity River Authority Wastewater Treatment Plant (TRA) on Singleton Blvd. in Grand Prairie treats our wastewater. The Deforest Road Lift Station currently receives a peak flow a 6.4 MGD. A new lift station was built two years ago and the old lift station was abandoned. The new station is designed to receive an ultimate peak flow of 14.16 MGD. The wastewater is pumped via a new 30 inch force main directly into the TRA interceptor at the southeast end of town. The Sandy Lake Road Lift Station receives a peak flow of 3.8 MGD. The Sandy Lake Road Lift Station was renovated two years ago. It has an ultimate peak flow rate of 4.24 MGD. The wastewater is pumped to the TRA interceptor via a new 20” force main. There is also a small amount of wastewater that feeds directly into the TRA interceptor via a 30” gravity line. TRA treats approximately 4 MGD for the City of Coppell. These improvements will meet the year 2020 projected future peak flows. The collection system pipe network is made up of over 815,000 feet of pipe ranging in diameter from 3 inches to 36 inches and about 1975 manholes. Most of the sewer services are 4” pipe. 36 B. Wastewater Data for Service Area 1. Percent of water service area served by wastewater system: 100% 2. Monthly volume treated for previous three years (in 1,000 gallons): Year 2006 2007 2008 January 97,653 84,863 105,605 February 96,431 71,863 101,534 March 107,062 80,311 114,003 April 98,901 104,098 111,954 May 104,420 119,727 109,213 June 92,121 119,233 103,032 July 96,581 135,941 98,183 August 98,279 127,283 100,939 September 90,645 106,209 97,548 October 96,258 106,104 97,548 November 96,099 99,011 97,998 December 92,932 105,558 81,418 Total 1,167,382 1,260,231 1,218,975 37 V. UTILITY OPERATING DATA A. List (or attach) water and wastewater rates, and rate structures for all classes. Water Rates: Water User Type/Volume Volume Unit Charge ($/1,000 gal) 0-1,000 gal $12.00 Residential 1,001-25,000 gal $2.60 More than 25,000 gal $3.25 Commercial/Industrial & Non-Single Family 0 + $2.60 Sewer Rates: Sewer User Type/Volume Volume Unit Charge ($/1,000 gal) 0-1,000 gal $12.00 Residential 1,001-14,000 gal (14,000 maximum) $1.80 0-1,000 gal $12.00 Commercial/Industrial & Non-Single Family 1,001 + (no maximum) $1.80 B. Other relevant data: Please indicate other data or information that is relevant to both the applicant’s water management operations and design of a water conservation plan. VI. CONSERVATION GOALS Please use the data provided in this survey to establish conservation goals (additional data may be used). 38 A. Water conservation goals for municipal utilities are generally established to maintain or reduce consumption, as measured in: 1. gallons per capita per day used; 2. unaccounted-for water uses; 3. peak-day to average-day ratio; and/or 4. an increase in reuse of recycling or water. B. TCEQ/TWDB conservation staff assess the reasonableness of water conservation goals based on whether the applicant addresses the following steps: 1. identification of a water or wastewater problem; 2. completion of the utility profile; 3. selection of goals based on the technical potential to save water as identified in the utility profile; and 4. performance of a cost-benefit analysis of conservation strategies. If at least the first three steps have been completed and are summarized in the water conservation plan, then staff can conclude that there is substantiated basis for the goals, and that the water conservation plan is integrated into water management. Therefore, the established conservation goals can be deemed reasonable. 39 A. Complete the following in gallons per capita per day (gpcd) to quantify the water conservation goals for the utility’s service area: 1. Estimation of the technical potential for reducing per capita water use Method Most Likely Savings in 2014 (gpcd) Most Likely Savings in 2019 (gpcd) Reduction in unaccounted-for uses 0.5 0.5 Reduction in indoor water use due to water-conserving plumbing fixtures 3 4 Reduction in seasonal use 3 4 Reduction in water use due to public education and rate programs 4 5 Total Technical Potential for Reducing per Capita Water Use 10.5 13.5 * Subtract these totals from the dry-year per capita use to calculate the long-run planning goal. 2. Planning Goal The planning goal equals the dry-year per capita water use minus the total technical potentials calculated in number one above. 5-Year 10-Year 15-Year Planning goal (in gpcd): 212 208 208 Goal to be achieved by year: 2014 2019 2024 3. Needed reduction in per capita use to meet planning goal (gpcd) Dry-year per capita use: 222 Planning goal (from #2 above): 212 Difference between current use and goal: 10 (Represents needed reduction in per capita use to meet goal.) 40 Definitions of Utility Profile Terms 1. Residential sales should include residential sales to residential class customers only. Industrial sales should include manufacturing and other heavy industry. Commercial sales should include all retail businesses, offices, hospitals, etc. Wholesale sales should include water sold to another utility for a resale to the public for human consumption. 2. Unaccounted-for water is the difference between water diverted or treated (as reported in Section IIA1) and water delivered sold (as reported in Section IIA2). Unaccounted-for water can result from: 1) inaccurate or incomplete record keeping; 2) meter error; 3) unmetered uses as fire fighting, line flushing, and water for public buildings and water treatment plants; 4) leaks; and 5) water theft and unauthorized use. 3. The peak-day to average day ratio is calculated by dividing the maximum daily pumpage (in million gallons per day) by the average daily pumpage. Average daily pumpage is the total pumpage for the year (as reported in Section IIA1) divided by 365 and expressed in million gallons per day. 4. Municipal per capita use is defined as total municipal water use dividing by the population and the 365 days. Total municipal water use is calculated by subtracting the industrial sales and wholesale sales from the total water diverted or treated (as reported in Section IIA1). Total municipal water use = total water diverted or treated – industrial sales – wholesale sales Municipal per capita use (gpcd) = total municipal water use/population/365. Note: The AWWA considers the municipal per capita use as the most representative figure to use in long-range water supply and conservation planning. 5. Seasonal water use is the difference between base (winter) daily per capita use and summer daily per capita use. To calculate the base daily per capita use, average the monthly diversions for December, January and February and divide this average by 30. Then divide this figure by the population. To calculate the summer daily per capita use, use the months of June, July and August. 41 Estimating the Technical Potential for Reducing Per Capita Water Use The technical potential for reducing per capita water use is the range in potential water savings that can be achieved by implementing specific water conservation measures. The bottom of the range represents the potential savings under a “most likely,” or real-world conservation scenario. The top of the range represents the potential savings under an “advanced” conservation scenario. The conservation measures include: reducing unaccounted-for water uses; reducing indoor water use due to water-conserving plumbing fixtures; reducing seasonal water use; and reducing water use through public education programs. Guidelines and examples for calculating the technical potential water savings for each of these conservation measures are given below. I. Reducing Unaccounted-For Water Uses The TCEQ considers unaccounted-for water uses of 15% or less as acceptable for communities serving more than 5,000 people. Smaller, older systems or systems that have a larger service area may legitimately experience larger losses. Losses above 15% may be an area of concern, and provide a conservation potential. The bottom of the range for technical potential savings for unaccounted-for uses is zero. To calculate the top of the range, see the following example: Example Unaccounted-for uses = 19.50% (App A, II.A.3) Dry-year per capita water use = 250 gpcd (App A, II.A.6) Potential for reduction in unaccounted-for use = (250 gpcd x 19.5%) – (250 gpcd x 15%) = 48.75 gpcd – 37.5 gpcd = 11.25 gpcd Technical Potential Savings Range = 0 to 11.25 gpcd 42 Computation for Coppell with goal of 5% unaccounted water loss: Unaccounted-for uses = 5.24 Dry-year per capita water use = 222 Potential for reduction in unaccounted-for use (222 x 5.24%) – (222 x 5%) = 0.5 gpcd Technical Potential Savings Range = 0 to 0.5 gpcd II. Reducing Indoor Water Use due to Water-Conserving Plumbing Fixtures The Texas Water Development Board (TWDB) recently completed a water conservation study that estimated that the average savings of replacing higher water-use fixtures with more efficient fixtures mandated by state and federal laws would be 16 gallons per person per day (10.5 gpcd for toilets and 5.5 gpcd for showerheads). The TWDB used 1995 as their benchmark for determining the potential average per-capita water savings of an entity. The 1995 population was assumed to have less-efficient water fixtures. No additional water savings can be expected in the basis of fixture replacement for the post-1995 population. By 1995, retailers were assumed to have sold off their remaining stock of high water use plumbing fixtures. The annual rate of replacement was estimated to be 2% of the 1995 population. The TWDB estimated the water savings due to low-flow plumbing fixture replacements as follows: PCS2000 = (((POP1995 x 10%) + G1995-00) / POP2000) x 16 gpcd PCS2000 = (((26600 x 10%) + 9350 / 35950) x 16 gpcd GPCD1995 = PCS2000+GPCD2000 231.35 = 5.35 + 226 Where: GPCD2000 Per person, per day in the Year 2000 (gpcd) 226 G1995-00 Population growth between 1995 and 2000 9350 PCS2000 The entity’s average gpcd savings due to plumbing code changes (fixture replacement) between 1995 and 2000 5.35 PCS2010 The entity’s average gpcd savings in 2010 due to plumbing code changes (fixture replacement) in the previous 10 years POP1995 July 1995 population estimate 26,600 POP2000 Census 2000 population (cities) or Year 2000 population estimate 35,950 0902010- POP2060 Population projections for the entity in the decades 2010 through 2060 43 The remaining savings was calculated as follows: PCS2010 = [((POP1995 x 30%) + (POP2010 – POP1995))/ POP2010 x 16 gpcd} – PCSD2000 GPCD2010 = GPCD2000 – PCS2010 (26600 x 30%) + (39700-26600)) / 39700) 16 – 5.35 = 3.15 226 – 3.15 = 222.85 Note: These formulas work through 2040. By 2050, all of the fixture replacements would have taken place and no additional savings would occur. (26600 x .35) (39700-26600) / 39700) 16 – 5.35 = 3.68 226 – 4 = 222 III. Reducing Seasonal Water Use The Texas Water Development Board (TWDB) has calculated seasonal use as a percentage of average annual per capita use for East Texas (20%), West Texas (25%), and a statewide average of 22.5% Seasonal water use is calculated by multiplying the average annual per capita use in gpcd by the appropriate percentage. The technical potential for reduction in seasonal use is then calculated by multiplying the seasonal use by 7% for the “most likely” conservation scenario, and by 20% for the “advanced” scenario. Below is an example calculation: Example: Average annual dry-year per capita use = 185 gpcd Geographical location = West Texas Seasonal use = (185 gpcd x 25%) = 46.25 gpcd Potential reduction in seasonal use (Most Likely scenario) = (46.25 x 7%) = 3.24 gpcd Potential reduction in seasonal use (Advanced scenario) = (46.25 x 20%) = 9.25 gpcd Technical Potential Savings Range = 3.24 to 9.25 gpcd 44 Computation for Coppell: Average annual dry-year per capita use = 222 gpcd Geographical location = North Texas Seasonal use = 222 x .225= 49.95 gpcd Potential reduction in seasonal use (Most Likely scenario) = 3.5 gpcd Potential reduction in seasonal use (Advanced scenario) = 10 gpcd Technical Potential Savings Range = 3.5 to 10 gpcd IV. Reducing Water Use through Public Education and Water Rates Programs The technical potential for water conservation from public education and water rates programs is estimated to be from 2% of the average annual per capita use for the “most likely” conservation scenario to 5% for the “advanced” scenario, according to the “Water Conservation Guidebook,” published n 1993 by the American Water Works Association. Below is an example calculation: Example: Average annual per capita use = 185 gpcd Potential reduction in water use (Most Likely scenario) = (185 x 2%) = 3.70 gpcd Potential reduction in water use (Advanced scenario) = (185 x 5%) = 9.25 gpcd Technical Potential Savings Range = 3.7 to 9.25 gpcd Computation for Coppell: Average annual per capita use = 222 gpcd Potential reduction in water use (Most Likely scenario) = (222 x 2%) = 4.4 gpcd Potential reduction in water use (Advanced scenario) = (222 x 5%) = 11.1 gpcd Technical Potential Savings Range = 4.4 to 11.1 gpcd To calculate the total technical potential for reducing municipal per capita water use, simply add the individual technical potential amounts calculated in items I-IV above. In this case the total technical potential range equals 6.94 gpcd to 29.75 gpcd. 45 Example Summary of Technical Potential Calculations: Conservation Measure Calculation Procedure Example Result Reducing unaccounted-for uses (Dry year demand) x (Unaccounted for percentage if more than 15%, minus) 0 to 11.25 gpcd Reducing indoor water use due to water-efficient plumbing Reduction expected according to TWDB Included in Table 4.1 separately Reducing seasonal water use Seasonal use (Avg. use x 22.5%) x 7% and 20% 3.24 to 9.25 gpcd Reducing water use through public education and water rates programs 3.7 to 9.25 gpcd Total Technical Potential Savings 6.94 to 29.75 gpcd Summary of Technical Potential Calculations for Coppell: Conservation Measure Calculation Procedure Result Reducing unaccounted-for uses (Dry year demand) x (Unaccounted for percentage if more than 15%, minus) 0 to 0.5 gpcd Reducing indoor water use due to water-efficient plumbing Reduction expected according to TWDB 3 to 3 gpcd Reducing seasonal water use Seasonal use (Avg. use x 22.5%) x 7% and 20% 3.5 to 10 gpcd Reducing water use through public education and water rates programs 4.4 to 11.1 gpcd Total Technical Potential Savings 10.9 to 24.6 gpcd To calculate the long-run planning goal, subtract these totals from the dry-year water demand. Example: Long-run planning goal = (dry year water demand with low-flow fixtures) minus total technical potential) = 250 gpcd – 6.94 gpcd = 243 gpcd (“most likely” scenario) = 250 gpcd – 29.75 gpcd = 220 gpcd (“advanced” scenario) Long-run planning goal for municipal water use = 243 gpcd to 220 gpcd Computation for Coppell: Long-run planning goal = (dry year water demand with low-flow fixtures) minus total technical potential) 5-year 211 (“most likely” scenario) 197 (“advanced” scenario) 46 APPENDIX D Letters to Region C Water Planning Group and the Texas Water Development Board 47 ____________ 2009 Mr. James Parks Chair, Region C Water Planning Group North Texas Municipal Water District P. O. Box 2408 Wylie, TX 75098 Dear Mr. Parks: Enclosed please find a copy of the 2009 Update of the Water Conservation and Drought Contingency Plan for the City of Coppell. This plan is an updated version of the plan submitted in May of 2005. A copy of this plan is also being provided to the Texas Water Development Board. The City Council of the City of Coppell adopted this plan on May 12, 2009. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering/Public Works City of Coppell 48 ____________ 2009 Mr. Comer Tuck Texas Water Development Board Stephen F. Austin Bldg. P.O. Box 13231 Austin, Texas 78711-3231 Dear Mr. Tuck: Enclosed please find a copy of the 2009 Update of the Water Conservation and Drought Contingency Plan for the City of Coppell. This plan is an updated version of the plan submitted in May of 2005. A copy of this plan will be provided to the Region C Water Planning Group of the North Texas Municipal Water District in Wylie Texas. The City Council of the City of Coppell adopted this plan on May 12, 2009. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering/Public Works City of Coppell 49 APPENDIX E Exhibits 1 Certificate of Convenience and Necessity 2 Water and Sanitary Service Limits 50 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION CERTIFICATE OF CONVENIENCE AND NECESSITY To Provide Water Service Under V T C A Water Code and Texas Natural Resource Conservation Commission Substantive Rules certiricate No 10063 I certificate Holder Name City of coppell Address P o Box 478 Coppell Texas 75019 II General Description and Location of service Area The area covered by this certificate is generally located approximately 16 miles northwest of downtown Dallas Texas on Interstate Highway 635 The service area is generally bounded on the east by the Elm Fork of the Trinity River on the south by North Lake and Interstate Highway 635 on the west by the Tarrant county line and on the north by the Denton County line in Dallas and Denton Counties Texas III Certificate Maps The certificate holder is authorized to provide water service in the area identified on the Commission I s official service area maps WRS 57 and WRS 61 maintained in the offices of the Texas Natural Resource Conservation commission 12015 Park 35 Circle Austin Texas with all attendant privileges and obligations This certificate is issued under Docket No 95 0996 UCR Application No 30713 C and subject to the rules and orders of the Commission the laws of the State of Texas conditions contained herein and may be revoked for violations thereof The certificate is valid until amended or revoked by the Commission Issued Date Jut 14 1995 ATTEST htOl d V tf Fe 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi Il 111IIIII TP 20070082097 5 PGS GENERAL DESCRIPTION CITY OF COPPELL Water Service Area In Dallas County CCN 10063 Beginning at a point in the west right of way line of Belt Line Road and the south right of way lineofm635 THENCE northwesterly along the south right of way line ofm 635 approximately 11 200 feet to apoint THENCE west a distance of 3 835 feet to a point THENCE north a distance of approximately 9 520 feet to a point with the west line of DallasCountyandtheeastlineofTarrantCountytoapointintherightofwayofSH121 THENCE northeasterly a distance of approximately 7 185 feet to a point still within the SH 121rightofway THENCE westerly 3 520 feet to a point THENCE northeasterly a distance of approximately 2 230 feet to a point the same point being inthenorthlineofDallasCountyandthesouthlineofDentonCounty THENCE easterly approximately 950 feet along the north line of Dallas County and the south lineofDentonCountytoapointinDentonCreek THENCE southerly easterly and northerly with the meanders of Denton Creek approximately 3 650feettoapointwithinSH121rightofway THENCE northeasterly within the SH 121 right of way approximately 1 150 to a point in the northlineofDallasCountyandthesouthlineofDentonCounty THENCE easterly approximately 6 080 feet with the north line of Dallas County and the south lineofDentonCountytoapointsamepointbeinginthesouthrightofwaylineofHighlandMeadowDrive THENCE southerly approximately 1 075 feet to a point same point being in the north right of waylineofSH121 THENCE westerly approximately 1 025 feet with the north right of way line of SH 121 to a pointintheeastrightofwaylineofDentonTapRoad TRUE AND CORRECl COPY OF ORIGINAL FILED IN DALLAS COUNTY CLERK S OFFICE File UlUtility TCEQ CCN l 0063 Water Dallas Page 1 of3 THENCE southerly with the east right of way line of Denton Tap Road passing through the rightofwayofSH121atotaldistanceofapproximately570feet THENCE northeasterly a distance of approximately 75 feet to a point in the south right of way lineofSH121 THENCE with the south right of way line of SH 121 generally in an east and northeasterlydirectionapproximately4400feettoapointinthenorthlineofDallasCountyandthesouthlineofDentonCounty THENCE with the north line of Dallas County and the south line of Denton County in an easterlydirectionapproximately4350feettoapointinDentonCreek THENCE south approximately 290 feet to a point still within Denton Creek THENCE in an southerly and easterly direction with the meanders of Denton Creek a distance ofapproximately21000feettotheconfluenceofDentonCreekwiththeElmForkoftheTrinityRiver THENCE in a southerly direction generally along the east side of the meanders of the Elm Fork oftheTrinityRiveradistanceofapproximately11375feettotheconfluenceoftheElmForkoftheTrinityRiverwithGrapevineCreek THENCE with the meanders of Grapevine Creek in a northerly and westerly directionapproximately15000feettoapointinthenorthrightofwaylineofBeltLineRoad THENCE in a westerly and southerly direction generally along the north right of way line of BeltLineRoadadistanceofapproximately6750feettoapoint THENCE southerly approximately 140 feet crossing through the right of way of Belt Line Road tothesouthrightofwaylineofBeltLineRoad THENCE westerly with the south right of way line of Belt Line Road approximately 1 250 feet to apointinthesouthrightofwaylineofBeltLineRoadandtheeastrightofwaylineofSandersLoop THENCE southerly approximately 1 250 feet with the east right of way line of Sanders Loop to apoint THENCE westerly with the south right of way line of Sanders Loop approximately 550 feet to apointinthesouthrightofwaylineSandersLoopandtheeastrightofwaylineofBeltLineRoad THENCE southerly with the east right of way line of Belt Line Road a distance of approximately4730feettoapoint TRUE AND CORRECTCOpyOFORIGINALFILEDINDALLAS COUNTY CLERK S OFFICE Fileu UtilitylTCEQICCN 10063 Water Dallas Page 2 of3 THENCE easterly a distance of approximately 625 feet to a point THENCE southerly a distance of approximately 2 050 feet to a point same point being in the southrightofwaylineofHackberryRoad THENCE westerly a distance of approximately 580 feet with the south right of way line ofHackberryRoadtoapoint THENCE southwesterly approximately 50 feet to a point in the east right of way line of Belt LineRoad THENCE southerly a distance of approximately of 1 205 feet to the POINT OF BEGINNING inthesouthrightofwaylineofill635andtheeastrightofwaylineofBeltLineRoad File UUtility ITCEQ CCN 1 0063 Water Dallas Page 3 of3 H i f n o E rnrJf I i o N c 10 0 I o o o o 97000 ny J OC x okO 6 3z ili N V m I t d i 1104 C S x vtif0N rd0KXY d fT F f i V I Q N 63 J J f I 1 1 10xW2xWiiM0it9tXH01L JGlo1LAKEOJIllltlI7ropeJ1Ift1kpI1229XJIO Z Ii j 1 V 1 Irjiv n V 712299 i 7 II EirvnjjrJA00FiR32055ttf76v0okJJ I 1 n 5L BRA1I4itqrIfPOP D ALL AS p 61 HY IX I r 7AI DALLAS COUNTY I i 2 q I tflll lCityofCopellIitVI4fl IffC Q it Water serlvOO c63e Area I YF X S Ill f U if fj t J j l 1 1 mile 53 95 b J7 l1J 9 rl 7 960 FILED AND RECORDED OFFICIAL PUBLIC RECORDS fY John F Warren County Clerk Dallas County TEXAS March 06 2007 01 56 07 PM FEE 28 00 1 1h1iN1ljOiItUojiaOlll1j3JHollOolsnj1IIJI3t7t ms ft 1 HJS3d 0 I 07J I3IJbJO11lHIlJlYN Yil031l0gaYO3UrHaONnIilMJ hOISSllIjOJfJlHMlilrlroo qUal MJN 10 A 3 a Z C WJ xo f1 jSllXll vSlSill1tllllJllU33ABlU3HiSWlfllJfOALNnoJISliX3l0LVLS 1 THE STATE OF TEXAsCQUImOfDALlASIherebycertllythattoe aoovc and foxgclng Is a full true andCorrectphotographicccpyoftheoriginalrecordnowInmylawfulcutodyandOssessnfikd11thedolptampedtheeonandasthesarnoIsrecordedIntRecorcjsReccrdsInmyofficeunderthevolumeandpageorillSJLT1entstampedthereon1herebycertfyon HAR 2D07 TyfoS J I CO as County TexasttoI9fBlDeputy 20070082097 TRUE AND CORREGT jCOpyOFORIGINALFILEDINDALLAS COUNTY CLERK S OFFICE GENERAL DESCRIPTION CITY OF COPPELL Water Service Area In Denton County CCN 10063 AREA 1 Beginning at the northwest comer of Dallas County THENCE easterly a distance of approximately 2 590 feet with the north line of Dallas County and the south line of Denton County to a point same point being POINT OF BEGINNING THENCE northeasterly a distance of approximately 480 feet to a point THENCE southeasterly a distance of approximately 280 feet to a point THENCE southeasterly a distance of approximately 465 feet to a point THENCE southerly a distance of approximately 85 feet to a point same point being in the north line of Dallas County and south line of Denton County THENCE westerly approximately 945 feet with the north right of way line of Dallas County and the south line of Denton County to the POINT OF BEGINNING AREA 2 Beginning at the northwest comer of Dallas County THENCE easterly approximately 6 620 feet with the north line of Dallas County and the south line of Denton County to a point in the SH 121 right of way same point being POINT OF BEGINNliJG THENCE northeasterly a distance of approximately 2 050 feet to a point THENCE easterly a distance of approximately 3 625 feet to a point in the center of the right of wayforDentonTapRoad THENCE southerly with the center of Denton Tap Road a distance of approximately 1465 feet to apointinthenorthlineofDallasCountyandthesouthlineofDentonCounty Fi eU Utii TCEQ CCV 0063 Water Dentol Page 1 of 2 THENCE westerly a distance of approximately 5 010 feet with the north line of Dallas County and the south line of Denton County to the POINT OF BEGINNING AREA 3 Beginning at the northwest comer of Dallas County THENCE easterly approximately 15 620 feet with the north line of Dallas County and the south line of Denton County to a point in the southerly right of way of SH 121 same point being the POINT OF BEGI1TNING THENCE approximately 2 015 feet with the southerly right of way line SH 121 to a point in the west right of way line of MacArthur Blvd THENCE southerly with the west right of way line of MacArthur Blvd approximately 595 feet to a point THENCE easterly approximately 120 feet crossing through the right of way line of MacArthur Blvd to a point in the east right of way of MacArthur Bh d and the south right of vay line of Lake Vista Drive THENCE easterly and southerly along the south right of way line of Lake Vista Drive a distance of approximately 2 525 feet to a point THENCE southerly a distance of approximately 160 feet to a point in the north line of Dallas County and the south line of Denton County THENCE westerly with the north line of Dallas County and the south line of Denton County a distance of approximately 4 340 feet to the POINT OF BEGINNING Submitted by X ctKennethMGriffirP E Director of Engineering Public Works For the City ofCoppell Texas 255 Parkway Blvd Coppell Texas 75019 City of Coppell aclmowledges that anhighlighted areas l illnot scan File L L lilil 7CEQ 0063 WilIer Denlon Page2of hi t t 1 1 j 2f9 L 1Z111 L 2 j V I I 21 f r 2i 5 4V r 1 10166 f II L c h1 021C if 1 c f ik I V iT c 181 Ii t 0 G l J 01 i 1 r 0 111 i OOnIOn No 7 g rp go f JC1 I 12 7 7 C7 i 07 rAS J jy y 1 0411 l I I IV i i i r I 0ArIlHISONrOPKAk54Nr4Jj20 I 0 L i L y I 1 LEWIS y x4 Y JV V i VILLE l 11 6 rt m I POP24zn f 19 UJr ty c I I V i X l V I J 2 YA it i tr r lrT04 h l 1 1 f f VW0 0b7X f rA 7 iE X 7 W j ra l I Y YJ 0 A I 1 l I tI fl t o JJ rJ1 r rno Y r 1 k r J7A 0 r7 t 0 00 t2i f1r V k r r AU I l 30 0 3 E l E J j n r 0 c I l 1 j t l t l r L 1 I 1 M F L Lr0 l 3l 7 o J A r I G y 0c f i ff 7 o CAR O L ON o A L L A s c o u 0 y 7 IS rn has 0 Cd 3 tJO 3 z I II 01 o o o PI IIi H i n o ilJil 1 tTlI i 5 5 o i o I01 o o 01 o o o r moot a z IZ m DoCi 1 0ZTJj TJO0 1 1rJTJ ir r Z io JTJ Do iro 0 Z JTJ j rn JTJ N o C IT1 r IT1 rj o fJ i ou C IT1 r rNVl I I loolT1gooOocc IIIc cuuuuouo E EE E 000iii C1T1tl1T1fJfJUUi ioooo CCCiccfJoIT1IT1 o z TEXAS NATURAL RESOURCE CONSERVATION COMMISSION CERTIPICATE OP CONVENIENCE AND NECESSITY To Provide Sewer Service Under V T e A Water Code and Texas Natural Resource Conservation Commission Substantive Rules certiticate No 20020 I certificate Holder Name City of Coppell Address P O Box 478 Coppell Texas 75019 II General Description and Location of Service Area The area covered by this certificate is generally located approximately 16 miles northwest of downtown Dallas Texas on Interstate Highway 635 The service area is generally bounded ontheeastbytheElmForkoftheTrinityRiveronthesouthbyNorthLakeandInterstateHighway635onthewestbytheTarrant County line and on the north by the Denton County line in Dallas and Denton Counties Texas III Certificate Maps The certificate holder is authorized to provide sewer service in the area identified on the commission s official service area maps WRS 57 and WRS 61 maintained in the offices of the Texas Natural Resource Conservation commission 12015 Park 35 circle Austin Texas with all attendant privileges and obligations This certificate is issued under Docket No 95 0996 UCR Application No307l4CandsubjecttotherulesandordersoftheCommissionthelawsofthestateofTexasconditionscontainedhereinandmayberevokedforviolationsthereofThecertificateisvaliduntilamendedorrevokedbytheCommission Issued Date J UL 1 4 1995 ATTEST ht l tJI1b lL4 For 1111111111111111111111111 11111111111111111111111111111III1111111 WTP 5 PGS 20070082096 GENERAL DESCRIPTION CITY OF COPPELL Sewer Service Area In Dallas County CCN 20020 Beginning at a point in the west right of way line of BeIt Line Road and the south right of way line ofill 635 THENCE northwesterly along the south right of way line of ill 635 approximately 11 200 feet to apoint THENCE west a distance of 3 835 feet to a point THENCE north a distance of approximately 9 520 feet to a point with the west line of DallasCountyandtheeastlineofTarrantCountytoapointintherightofwayofSH121 THENCE northeasterly a distance of approximately 7 185 feet to a point still within the SH 121rightofway THENCE westerly 3 520 feet to a point THENCE northeasterly a distance of approximately 2 230 feet to a point the same point being inmenortfilineofDaIlasCountyandthesouthlineofDentonCounty THENCE easterly approximately 950 feet along the north line of Dallas County and the south lineofDentonCountytoapointinDentonCreek THENCE southerly easterly and northerly with the meanders of Denton Creek approximately 3 650feettoapointwithinSH121rightofway THENCE northeasterly within the SH 121 right of way approximately 1 150 to a point in the northlineofDallasCountyandthesouthlineofDentonCounty THENCE easterly approximately 6 080 feet with the north line of Dallas County and the south lineofDentonCountytoapointsamepointbeinginthesouthrightofwaylineofHighlandMeadowDrive THENCE southerly approximately 1 075 feet to a point same point being in the north right of waylineofSH121 THENCE westerly approxiniately 1 025 feet with the north right of way line of SH 121 to a pointintheeastrightofwaylineofDentonTapRoad FilelUlUtilityllTCEQICCN 20020SewerDallas Page 1 of3 THENCE southerly with the east right of way line of Denton Tap Road passing through the rightofwayofSH121atotaldistanceofapproximately570feet THENCE northeasterly a distance of approximately 75 feet to a point in the south right of way lineofSH121 THENCE with the south right of way line of SH 121 generally in an east and northeasterlydirectionapproximately4400feettoapointinthenorthlineofDallasCountyandthesouthlineofDentonCounty THENCE with the north line of Dallas County and the south line of Denton County in an easterlydirectionapproximately4350feettoapointinDentonCreek THENCE south approximately 290 feet to a point still within Denton Creek THENCE in an southerly and easterly direction with the meanders of Denton Creek a distance fapproximately21000feettotheconfluenceofDentonCreekwiththeElmForkoftheTrinityRiver THENCE in a southerly direction generally along the east side of the meanders of the Elm Fork oftheTrinityRiveradistanceofapproximately11375feettotheconfluenceoftheElmForkoftheTrinityRiverwithGrapevineCreek THENCE with the meanders of Grapevine Creek in a northerly and westerly directionapproximatelyt5OOofeenoapomtmthenorthnghtofwaylineofBeltLineRoad THENCE in a westerly and southerly direction generally along the north right of way line of BeltLineRoadadistanceofapproximately6750feettoapoint THENCE southerly approximately 140 feet crossing through the right of way of Belt Line Road tothesouthrightofNaylineofBeltLineRoad THENCE westerly with the south right of way line of Belt Line Road approximately 1 250 feet to apointinthesouthrightofwaylineofBeltLineRoadandtheeastrightofwaylineofSandersLoop THENCE southerly approximately 1 250 feet with the east right of way line of Sanders Loop to apoint THENCE westerly with the south right of way line of Sanders Loop approximately 550 feet to apointinthesouthrightofwaylineSandersLoopandtheeastrightofwaylineofBeltLineRoad j File UUtility TCEQ CCN 20020Sewer Dallas Page 2 of3 THENCE easterly a distance of approximately 625 feet to a point THENCE southerly a distance of approximately 2 050 feet to a point same point being in the southrightofwaylineofHackberryRoad THENCE westerly a distance of approximately 580 feet with the south right of way line ofHackberryRoadtoapoint THENCE southwesterly approximately 50 feet to a point in the east right of way line of Belt LineRoad THENCE southerly a distance of approximately of 1 205 feet to the POINT OF BEGINNING inthesouthrightofwaylineofill635andtheeastrightofwaylineofBeltLineRoad r nW E AND CORRECTCOpyOFORIGINALILEDINDALLAS l OU 1TY f I C orrrcLlIf FilelU1UtilitylTCEQICCN 20020Sewer Dallas Page 3 of 3 A nVOO WJa WOiiMl un uof rm SVX31 SQ om o NJ 01St 3 H1lll3llV 13HJS3d 0 A3NOOH f0ev d 3 BJO JO mS3 i ON eNVY VI mNn N31JG ilolSSl1 VI03 3lilJO sa Q lU lHIN onJ SI H3Iii J llllnOO OOl q I ON I0331l m i10 W I J II 310 N1 SIllj03 SVXU JD AdDJl33ij O 3 C 130ijl V SI lHllVIU JJl1a3 A63m f J ll o AJ NnOJ I SlX3J oil 11S WoE STATE OF TEXAS CQUNrI Of DALLAS J Ir rc by certify that ttiC above and fcregclng Is a fun true ane correct plotographic Clpy of tile origloal record now In my lawful custody and possesslcn filed on the dote stamped thereon and as the same Is recorded In the Recorder s Records In my office under the volume and page or i rument stamped thereon 1 hercbcertlfy on I t AR 211Q7 FILED AND RECORDED OFFICI L PUBLIC RECORDS fY co n T f i3lBy oepulY John F Warren County Clerk Dallas County TEX S March 06 2007 01 56 07 PM FEE 28 00 20070082096 O Y J TRUE AND CORRECTttgtCOpyOFORIGINALrJFILEDINDALtAS COUNry CLEHK S OFfiCE GENERAL DESCRIPTION CITY OF COPPELL Sewer Service Area In Denton County CCN 20020 AREA 1 Beginning at the northwest comer of Dallas County THENCE easterly a distance of approximately 2 590 feet with the north line of Dallas County and the south line of Denton County to a point same point being POINT OF BEGINNING THENCE northeasterly a distance of approximately 480 feet to a point THENCE southeasterly a distance of approximately 280 feet to a point THENCE southeasterly a distance of approximately 465 feet to a point THENCE southerly a distance of approximately 85 feet to a point same point being in the north line of Dallas County and south line of Denton County THENCE westerly approximately 945 feet with the north right of way line of Dallas County and the south line of Denton County to the POINT OF BEGINNING AREA 2 Beginning at the northwest comer of Dallas County THENCE easterly approximately 6 620 feet with the north line of Dallas County and the south line of Denton County to a point in the SH 121 right of way same point being POINT OF BEGINNING THENCE northeasterly a distance of approximately 2 050 feet to a point THENCE easterly a distance of approximately 3 625 feet to a point in the center of the right of way for Denton Tap Road THENCE southerly with the center of Denton Tap Road a distance of approximately 1465 feet to a point in the north line of Dallas County and the south line of Denton County FilelUUt ifiliTeE QICCV 100 10SeerDelltol Page 1 or 2 THENCE westerly a distance of approximately 5 010 feet with the north line of Dallas County and the south line of Denton County to the POINT OF BEGINNING AREA 3 Beginning at the northwest comer of Dallas County THENCE easterly approximately 15 620 feet with the north line of Dallas County and the south line of Denton County to a point in the southerly right of way of SH 121 same point being the POINT OF BEGINNING THENCE approximately 2 015 feet with the southerly right of way line SH 121 to a point in the west right of way line of MacArthur Blvd THENCE southerly with the west right of way line of MacArthur Blvd approximately 595 feet to a point THENCE easterly approximately 120 feet crossing through the right of way line of MacArthur Blvd to a point in the east right of way of MacArthur Blvd and the south right of way line of Lake Vista Drive THENCE easterly and southerly along the south right of w ay line of Lake Vista Drive a distance of approximately 2 525 feet to a point THENCE southerly a distance of approximately 160 feet to a point in the north line of Dallas County and the south line of Denton County THENCE westerly with the north line of Dallas County and the south line of Denton County a distance of approximately 4 340 feet to the POINT OF BEGINNING SUi2d Kenneth M Gri In P E Director of Engineering Public Works For the City ofCoppell Texas 255 Parkway Blvd Coppell Texas 75019 City ofCoppell acknowledges that any highlighted areas will not scan Fi dU Uti it TCEQ CClOOlOSell erDenton Page 2 of 2 35i SH1 t ilrtJJ I 0 rlJ r tt 0 3 J J I I i I J I 1lIt I fPI I rIto S J l t f S i 1 r kr l i i I r 1 i E 1 I f l r n l j 1 2 r2 f 1 t Y I I t f 4 n i 4 k t c r r OPPEL L I I r f p l o L st T i i 1 II I L I r 0 z r II t11 0t1100 y MITS 0 0 t11 0 0 0 Ulmm Cml a r Z iC m p r Ji P Zt11 Id lii IIIil UJ 0hGTJxiz 0 J fTl 0 TJ 0 0 u fTl r1l J i 1l u TJ 0 I III c r TJ i n m r J o i Ii I r i m l 1 j1 1I v 0fTl Z PtJ1 I U I t Z 0 t 0 c I TJ Z i J i 0 l 0 Z 1 m r III I0 III III@ 0UJc r 0 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 May 12, 2009 13/C ✔ ORDINANCE Consider approval of an Ordinance for Case. No. PD-162R2-MF-2, Gunner Subdivision, Lot 1R, Block A, zoning change from PD-162R-MF-2 (Planned Development-162-Revised–Multi-family-2) to PD-162R2-MF-2 (Planned Development-162- Revision 2–Multi-family-2), to allow the relocation of a previously approved 1,656-square-foot six-car garage and storage area on 20.965 acres of property located 1717 Belt Line Road and authorizing the Mayor to sign. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (6-0). Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On April 14, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-162R2-MF, GSD ORD,1-AR (con) 1 TM 366293.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-162R-MF-2 (PLANNED DEVELOPMENT-162-REVISED–MULTI-FAMILY-2) TO PD-162R2-MF-2 (PLANNED DEVELOPMENT-162- REVISION 2–MULTI-FAMILY-2), TO ALLOW THE RELOCATION OF A PREVIOUSLY APPROVED 1,656- SQUARE-FOOT SIX-CAR GARAGE AND STORAGE AREA ON 20.965 ACRES OF PROPERTY LOCATED 1717 BELT LINE ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, AND “C”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-162R2- MF-2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-162R-MF-2 (Planned Development-162-Revised–Multi-family-2) to PD-162R2-MF-2 (Planned Development-162- Revision 2–Multi-family-2), to allow the relocation of a previously approved 1,656-square-foot six-car garage and storage area on 20.965 acres of property located 1717 Belt Line Road and 2 TM 366293.2.000 being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development condition as set forth herein below; A) Except as amended herein, the property shall be developed and used in accordance with Planned Development Ordinance, Ordinance 91500-A-509 which is incorporated herein as set forth in full and hereby republished. SECTION 3. That the Revised Site Plan, and Elevations attached hereto as Exhibits “B”, and “C”, respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 3 TM 366293.2.000 SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 5/1/09) Legal Description EXHIBIT “A” 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 May 12, 2009 13/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1241R-C, Fat Daddy’s Burger House, zoning change from S-1241-C (Special Use Permit-1241-Commercial) to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560- square-foot cover over the existing outdoor patio area serving the existing 3,580-square-foot restaurant located at 215 S. Denton Tap Road, Suite 100, and authorizing the Mayor to sign. On March 19, 2009, the Planning Commission unanimously recommended approval of this zoning change (6-0). Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On April 14, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @S-1241R-C, FDBH ORD, 1-AR (con) 1 TM 36691.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM S-1241-C (SPECIAL USE PERMIT-1241-COMMERCIAL) TO S-1241R-C (SPECIAL USE PERMIT- 1241 REVISED-COMMERCIAL), TO ALLOW A 560-SQUARE-FOOT SHADE STRUCTURE OVER THE EXISTING OUTDOOR PATIO AREA SERVING THE EXISTING 3,580-SQUARE-FOOT RESTAURANT LOCATED AT 215 S. DENTON TAP ROAD, SUITE 100, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND ELEVATIONS ATTACHED HERETO AS EXHIBITS “B”, AND “C”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1241R-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from S-1241-C (Special Use Permit- 1241-Commercial) to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560-square-foot shade structure over the existing 960 square foot outdoor patio area serving the 2 TM 36691.2.000 existing 3,580-square-foot restaurant located at 215 S. Denton Tap Road, Suite 100, and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That Special Use Permit S-1241-C be revised to allow a 560-square-foot shade structure over the existing outdoor patio area is hereby approved subject to the following special conditions: A. Except as amended herein, the property shall be developed and used in accordance with Special Use Permit Ordinance # 91500-A-478 which is incorporated herein as set forth in full and hereby republished. B. The shade structure shall be a dark green awning material which shall match the existing awnings on the building C. Enclosure of the shade structure shall not be allowed and shall remain open on four sides. D. The depth of the valance on the shade structure will be the same as the valance on the existing awnings. E. The four corner posts will be clad with brick to meet the 80% masonry requirement and will match the existing brick screening wall along the west side of the patio area. SECTION 3. That the Site Plan and Elevations, attached hereto as Exhibits “B”, and “C”, respectively, and made a part hereof for all purposes, are hereby approved. 3 TM 36691.2.000 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 TM 36691.2.000 SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb [reviewed only] 5/1/09) 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 May 12, 2009 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid #Q-0409-01 "Reinforced Concrete Pavement Repairs" to Procon Paving and Construction in the amount of $318,959.95, as budgeted in the IMF; and authorizing the City Manager to sign and execute any necessary documents. Approval of this item will allow the city to repair various concrete failures throughout the city. Funds have been budgeted in the Infrastructure Maintenance Fund for this project. Staff recommends award of the bid to Procon Paving and Construction. #Reinforced Concrete Pavement 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: May 12, 2009 RE: Consider approval of awarding Bid #Q-0409-01 "Reinforced Concrete Pavement Repairs" to Procon Paving and Construction, Inc. in the amount of $318,959.95, as budgeted in the IMF; and authorizing the City Manager to sign and execute any necessary documents. On April 21, 2009, the City of Coppell received and opened 10 bids for the annual Reinforced Concrete Pavement Repair contract. The bids ranged from $318,959.95 to $554,782.50. The budget for this project was $300,000. The Engineering Department administers the annual reinforced concrete pavement repair program with money budgeted in the Infrastructure Maintenance Fund. Awarding this contract will allow us to replace approximately 70 street failures, 80 alley failures and 20 curb failures of concrete paving throughout the city. This consists of residential, collector, and arterial streets, throughout the entire city. The low bid of $318,959.95 was submitted by Procon Paving and Construction, Inc. based in Dallas. The Engineering Department has conducted a background check of this company including references, balance sheets, and necessary personnel and equipment to complete the work. This is a relatively new company, however based on these checks it appears they are Qualified and capable of completing this work. We recommend award of the full bid amount even though it exceeds the budgeted amount for this year. There is money available in this year’s IMF budget, and this award will allow us to make significant progress on our list of necessary repairs. Staff recommends the award of the "Reinforced Concrete Pavement Repairs" to Procon Paving and Construction, Inc. in the amount of $318,959.95, as budgeted in the IMF. Staff will be available to answer any questions. BID #Q-0409-01 REINFORCED CONCRETE PAVEMENT REPAIRSDESCRIPTION QTY Price Extended Price Extended Price Extended Price Extended Price ExtendedType I Street FailuresI-1 Remove and Replace Street Failures 6" 2,373 $51.65 $122,565.45 $52.00 $123,396.00 $54.00 $128,142.00 $59.00 $140,007.00 $66.35 $157,448.55I-2 Cost Per Additional Inch of Concrete 1,085 $5.00 $5,425.00 $5.00 $5,425.00 $1.00 $1,085.00 $10.00 $10,850.00 $4.35 $4,719.75I-3 Additional Cost for High Early Concrete 150 $54.65 $8,197.50 $110.00 $16,500.00 $90.00 $13,500.00 $75.00 $11,250.00 $4.00 $600.00Type II Alley FailuresII-1 Remove and Replace Alley Failures 6" 3,625 $49.44 $179,220.00 $52.00 $188,500.00 $54.00 $195,750.00 $51.00 $184,875.00 $66.35 $240,518.75Type IIIICurb and Gutter FailuresIII-1 Remove and Replace Curb & Gutter Failures 222 $16.00 $3,552.00 $16.00 $3,552.00 $50.00 $11,100.00 $45.00 $9,990.00 $25.00 $5,550.00TOTAL BID $318,959.95$337,373.00 $349,577.00 $356,972.00 $408,837.05DAYS TO COMPLETE90 120 120 120 90DESCRIPTION QTY Price Extended Price Extended Price Extended Price Extended Price ExtendedType I Street FailuresI-1 Remove and Replace Street Failures 6" 2,373 $62.50 $148,312.50 $64.25 $152,465.25 $75.00 $177,975.00 $73.00 $173,229.00 $85.00 $201,705.00I-2 Cost Per Additional Inch of Concrete 1,085 $10.00 $10,850.00 $11.25 $12,206.25 $3.50 $3,797.50 $8.00 $8,680.00 $15.00 $16,275.00I-3 Additional Cost for High Early Concrete 150 $220.00 $33,000.00 $88.65 $13,297.50 $5.00 $750.00 $29.00 $4,350.00 $40.00 $6,000.00Type II Alley FailuresII-1 Remove and Replace Alley Failures 6" 3,625 $58.75 $212,968.75 $68.85 $249,581.25 $70.00 $253,750.00 $75.00 $271,875.00 $88.50 $320,812.50Type IIIICurb and Gutter FailuresIII-1 Remove and Replace Curb & Gutter Failures 222 $31.25 $6,937.50 $44.00 $9,768.00 $25.00 $5,550.00 $31.00 $6,882.00 $45.00 $9,990.00TOTAL BID$412,068.75 $437,318.25 $441,822.50 $465,016.00 $554,782.50DAYS TO COMPLETE138 65 120 180 120Procon Paving and Construction Estrada ConcreteHencie International, Inc. Advanced Paving CompanyLaughley Bridge & ConstructionEd A Wilson, Inc.Classic City Utility, Inc. Anderson Paving, Inc. Jim Bowman Construction Ken - Do Contracting 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 May 12, 2009 15 ✔ PUBLIC HEARING Consider approval of Case No. S-1110R3-HC, Verizon Wireless, zoning change request from S-1110R2-HC (Special Use Permit-1110 Revision 2-Highway Commercial) to S-1110R3-HC (Special Use Permit-1110 Revision 3–Highway Commercial) to allow a replacement and relocation of the existing equipment and cabinet with a 120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. The following P&Z conditions remain outstanding: 1. Submit a letter from the property owner stating their permission to rezone the property. 2. Include Nellie R. Stevens Holly on the east side of proposed wall. 3. Specify that the color of the A/C will match the paint color of proposed structure. On April 16, 2009, the Planning Commission unanimously recommended approval of this zoning change (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. @01 S-1110R3-HC, VW, 1-AR ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1110R3-HC, Verizon Wireless P&Z HEARING DATE: April 16, 2009 C.C. HEARING DATE: May 12, 2009 STAFF REP.: Matt Steer, City Planner LOCATION: South side of Fritz Road, east of Royal Lane SIZE OF AREA: 540 square feet of property CURRENT ZONING: S-1110R2-HC (Special Use Permit-1110 Revision 2-Highway Commercial) REQUEST: A zoning change to S-1110R3-HC (Special Use Permit-1110 Revision 3–Highway Commercial), to allow a replacement and relocation of the existing equipment and cabinet with a 120- square-foot shelter to be located approximately 15 feet west of the existing cabinet, on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. APPLICANT: Peter Kavanagh Zone Systems, Inc. 1620 Handley Drive, Suite A Dallas, TX 75208 Phone: (214) 941-4440 FAX: (214) 941-5259 Email: peterk@zonesystems.com HISTORY: In December, 2002, an amendment to the existing site plan to allow the construction of covered parking over 68 existing parking ITEM # 7 Page 2 of 3 spaces was approved for the IAAM site. Phase One involved covering six parking spaces and was constructed in April, 2003 and no additional parking covers have been constructed. The final plat for Lot 1, Block 1, IAAM HQ was approved in July, 1999, and construction of the building followed later that year. TRANSPORTATION: Fritz Road (formerly Cotton Road) is a C2U two lane undivided roadway built to standard in a 65-foot right-of-way. SURROUNDING LAND USE & ZONING: North -Industrial warehousing: LI (Light Industrial) South –Interstate Highway 635; A (Agricultural) East - vacant; HC (Highway Commercial) West- Interstate Highway 635; A (Agricultural) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for freeway office uses. DISCUSSION: This is a fairly simple request. The applicant is proposing to amend the current SUP by updating and relocating the equipment on site. The current location is to the southeast of the existing transmission pole and the proposed location is to the south. This will involve the removal of the Red-Tipped Photenias (no longer allowed by Ordinance) that are acting to screen the existing equipment area. The new shelter for the equipment will be constructed of materials to match that of the IAAM Headquarters. This shelter will be screened with Nellie R. Stevens (permissible evergreen shrubs found on the plant palette of the Zoning Ordinance). There are only two concerns. One involves the utility equipment shown on the east side of the proposed shelter. Per the direction of staff, a wing wall is proposed to screen the utility equipment shown on the east side of the structure. There does not appear to be adequate room for maintenance of or access to the equipment if installed as depicted. This is listed as a condition of approval to allow four feet of clear space for access and/or maintenance. Another condition of approval will be submittal of written permission from the owner of the property for the zone change to occur. All and all, staff is in favor of the request subject to these two conditions being met as well as minor adjustments to the elevation plans. ITEM # 7 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Submit a letter from the property owner stating their permission to rezone the property. 2. Revise the differing heights of the wing wall on the elevations and ensure the utility rack is effectively screened. 3. Ensure there is adequate clear space for access and/or maintenance of the utility rack proposed on the east side of the shelter. 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. SUP Rezoning Exhibit 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 May 12, 2009 16 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change from PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the PD conditions to allow up to 10 of the 56 single-family homes to have true stucco exteriors limited to earth-tone colors, where no two stucco homes shall be spaced any closer than every third lot and a Site Plan indicating lots where stucco homes are prohibited, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads and authorizing the Mayor to sign. On February 19, 2009, the Planning Commission recommended denial of this zoning change (5-2). Commissioners Jett, Shute, Frnka, Haas, and Sangerhausen voted in favor; Commissioners Kittrell and Shipley opposed. On April 14, 2009, Council approved this zoning change with conditions (6-1). Staff recommends APPROVAL. @02 PD108R11SF-9, COC ORD,1-AR 1 TM 36692.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-108R9-SF-9 (PLANNED DEVELOPMENT-108 REVISION 9-SINGLE FAMILY-9) TO PD-108R11- SF-9 (PLANNED DEVELOPMENT-108 REVISION 11-SINGLE FAMILY- 9), TO REVISE THE PD CONDITIONS TO ALLOW UP TO TEN (10) HOMES TO HAVE TRUE STUCCO EXTERIORS, ON 20 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BETHEL AND DENTON TAP ROADS AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN INDICATING LOTS WHERE STUCCO HOMES ARE PROHIBITED, ATTACHED HERETO AS EXHIBIT “B”, PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-108R11- SF-9 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the Planned Development conditions to allow up to ten 2 TM 36692.2.000 (10) single family homes to be constructed with stucco exterior, as defined by the Code of Ordinances, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Planned Development conditions of this PD shall be amended to allow up to 10 homes with stucco exteriors, is hereby approved subject to the following special conditions: A. Except as amended herein, the property shall be developed and used in accordance with Planned Development District Ordinance # 91500-A-484 which is incorporated herein as set forth in full and hereby republished. B. A maximum of ten (10) lots within the Planned Development may contain stucco exterior on the primary structure. C. There shall be at least three (3) lots separating each stucco residence. D. Stucco exterior shall be limited to earth-tone colors. E. Notwithstanding the provisions in Subsection 2 A and B, no primary structure on Lots 1, 2, 33-38, 47, 48 and 53-56 of Block A shall be permitted to be constructed of stucco exterior material, as noted on Exhibit B. F. Within this Planned Development, stucco shall mean a continuous plaster or mortar exterior veneer, finished by hand troweling over wire lath. G. In no event shall any structure be constructed with exterior insulation and finish system (EIFS) or any other fiberglass based building material. SECTION 3. That the Site Plan indicating lots where stucco homes are prohibited attached hereto as Exhibit “B”, and made a part hereof for all purposes, are hereby approved. 3 TM 36692.2.000 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 TM 36692.2.000 SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb [reviewed only] 5/1/09) AGENDA REQUEST FORM DATE: May 12, 2009 ITEM #: 17 MAYOR AND COUNCIL REPORTS A. Report by Mayor Peters regarding Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: May 12, 2009 ITEM #: WS-18 WORK SESSION A. Discussion regarding Boards & Commission Schedule. B. Discussion regarding Council Committees. Agenda Request Form - Revised 02/07 Document Name: %wksessn MEMORANDUM DATE: May 6, 2009 TO: Clay Phillips, City Manager FROM: Libby Ball, City Secretary SUBJECT: Annual 2009 Board/Commission/Committee Appointments RE: Process Schedule Listed below is a tentative schedule of dates for the upcoming annual appointments of members to the City’s Boards/Commissions/Committees that I would like to review with the City Council during the Work Session of May 12, 2009: Advertising – June 1 through July 24, 2009 A press release will be forwarded to the Citizens Advocate, Coppell Gazette, Metrocrest News, Comcast Cable and put on the web site, requesting citizens to volunteer to serve on the City’s Boards/Commissions/Committees, and as the City’s American Red Cross Representative. Advertising will continue for a period of eight (8) consecutive weeks from June 1, 2009 through July 24, 2009. During the month of June a mass mailing will be sent to all Coppell citizens. The mailing will consist of an application and a summary of each of the Boards/Commissions/Committees. Applications – June 1 through July 24, 2009 Applications will be available and accepted from 8:00 a.m. to 5:00 p.m., June 1st through July 24th in the City Secretary Department at Town Center. Applications presently on file in the City Secretary Department will not be considered. Staff Liaisons Staff Liaisons will be issued a membership list on May 22, 2009 for their particular Board/Commission/Committee, indicating those members whose terms expire October 2009, together with a new application form for distribution, should those members wish to re-apply. Deadline for these applications will also be July 24th. 2009 Memo to Council City Council Applicant Packet A binder will be prepared for members of Council containing a master list of all applicants, together with copies of each application and pertinent information. This document will be available in the City Secretary Department for each member of Council at 8:00 a.m., Friday, July 31, 2009. Any binders not picked up by 5:00 p.m. on Friday will be put in the Council mailboxes. Interview Process - August 3 through August 21, 2009 American Red Cross Board of Adjustment Economic Development Keep Coppell Beautiful KCB Youth Advisor Library Board Library Bd. Youth Advisor Park & Rec. Youth Advisor Planning & Zoning Special Counsel Conduct Review Board Letters will be sent to each applicant reaffirming the date of the interview and scheduling individual times. Appointments - September 8, 2009 An agenda item will be submitted for the September 8, 2009 City Council meeting to appoint members to the City’s Boards/Commissions/ Committees. Letters of Appointment and/or Regret The City Secretary Department will notify all applicants indicating their appointment and date of being sworn into office, and/or letters of regret. Staff Liaisons will be requested to contact applicants to confirm their attendance at the swearing-in ceremony. Swearing-in Ceremony An agenda item and oaths of office will be prepared for the September 22, 2009 City Council meeting for the Mayor to formally swear in appointed members. New members will officially take their position on the Board/Commission/Committee on October 1, 2009. Reception A reception for the newly appointed members and the members whose commission did not expire will be held prior to the September 22, 2009 City Council meeting. 2009 Memo to Council Name _________________________________________ COUNCIL COMMITTEE PREFERENCES Please place a 1, 2, 3, etc. in the blanks indicating your preference of Committees on which to serve. C/FBISD/LISD Liaison _________________ CISD Liaison _________________ Coppell Seniors _________________ Dallas Regional Mobility Coalition _________________ Economic Development Committee _________________ International Council for Local Environmental Initiatives _________________ Metrocrest Hospital Authority _________________ Metrocrest Medical Services _________________ Metrocrest Medical Foundation _________________ Metrocrest Social Service Center _________________ North Texas Council of Governments _________________ NCTCOG–Regional Emergency Management Planning Council _________________ North Texas Commission _________________ Senior Adult Services _________________ AGENDA REQUEST FORM DATE: May 12, 2009 ITEM #: ES-19 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Denton Tap/Beltline Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: May 12, 2009 ITEM #: 20 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: May 12, 2009 ITEM #: 21 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: May 12, 2009 Department Submissions: Item No. 11 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. 13/B and 14 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. 13/C, 13/D, 15 and 16 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)