CP 2010-08-24
NOTICE OF CITY COUNCIL MEETING AND AGENDA
AUGUST 24, 2010
BOB MAHALIK, Place 2
Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6
MARSHA TUNNELL, Place 4 KAREN HUNT, Place 7
CLAY PHILLIPS, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:30 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, August 24, 2010, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Seek legal advice from the City Attorney concerning the
settlement and land purchases agreements with the
Billingsleys at Northlake.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. North of Bethel Road and West of Freeport Parkway.
C. Section 551.074, Texas Government Code - Personnel Matters.
1. Discussion regarding upcoming annual evaluation of the City
Manager.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding best practices relating to city Special Events.
B. Discussion regarding nomination to serve on Carrollton/Farmers
Branch ISD District Improvement District.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Report by Library Board.
8. Citizens' Appearances
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 10, 2010.
B. Consider approval of a contract for the renewal of the Dallas
County Health Services Agreement, effective October 1, 2010
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ITEM # ITEM DESCRIPTION
through September 30, 2011, in the amount of $3,131.00; and
authorizing the Mayor Pro Tem to sign.
END OF CONSENT
10. PUBLIC HEARING:
To receive public comment concerning the proposed 2010-2011
Municipal Budget.
11. PUBLIC HEARING:
To receive public comment concerning the proposed 2010-2011 tax rate
of 0.69046.
12. Consider approval of an Ordinance appointing a Presiding Municipal
Judge and Alternate Municipal Judges of the Coppell Municipal Court of
Record No. 1 of the City of Coppell; and authorizing the Mayor Pro Tem to
sign.
13. Consider approval of an ordinance of the City of Coppell, Texas,
amending Chapter 9 by adding Article 9-28, "Illegal Smoking Products", to
prohibit the use, purchase, possession, sale, distribution, transportation and
advertisement of the synthetic cannabinoid known or sold under such
names as "Spice", "Genie", "DaScents", "Zohai", "Sage", "K-2", and "KO
Knock-Out 2" for public health purposes; and authorizing the Mayor Pro
Tem to sign.
14. City Manager's Report.
A. Project Update and Future Agendas.
15. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
16. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition –Hunt.
E. International Council for Local Environmental Initiatives (ICLEI) –
Brancheau.
F. Metrocrest Hospital Authority – Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
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ITEM # ITEM DESCRIPTION
J. North Texas Council of Governments – Tunnell.
K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
17. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Bob Mahalik, Mayor Pro Tem
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 20th day of August, 2010, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM
DATE: August 24, 2010
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Seek legal advice from the City Attorney concerning the settlement and
land purchases agreements with the Billingsleys at Northlake.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. North of Bethel Road and West of Freeport Parkway.
C. Section 551.074 – Texas Government Code – Personnel Matters.
1. Discussion regarding upcoming annual evaluation of the City Manager.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: August 24, 2010
ITEM #: ES-3
WORK SESSION
A. Discussion regarding best practices relating to city Special Events.
B. Discussion regarding nomination to serve on Carrollton/Farmers Branch ISD District
Improvement District.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 %wksessn
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: August 24, 2010
To: Mayor Pro Tem and City Council
From: Brad Reid, Director
Re: Best Practices and Sponsorship of Special Events
Background:
The City Council adopted goals for 2009-10 based on goals and objectives outlined in the
Coppell 2030, A Family Community for a Lifetime planning document. This document
speaks to the importance of the community special events and is reflective of the desire to
ensure that best practices are followed with respect to coordination and execution of
those events. The Parks and Recreation Department has been assigned the role of special
event implementation for the city and has been proactive in attempts to meet the demands
of the public in delivering quality events with enough diversity to offer something for
everyone. Our desire is to get the business community involved as much as possible so
that the financial and human resource demands of putting on the events can be spread out
among those that can benefit from the exposure to an eager public.
The Coppell 2030 Plan establishes three primary objectives to ensure the accountability
of those who plan and execute the city’s special events. The first objective is to review
the city’s role in special events and analyze best practices. The second objective is to
determine direction from the City Council regarding any desired changes with respect to
how the business community gets involved in the special events offered by the city. The
last objective is to determine policy direction from the City Council regarding desired
changes to the city’s sponsorship for community organizations and events.
The City’s Role and Analysis of Best Practices of Special Events
The city of Coppell’s large events are primarily funded through the general fund, with the
City Council choosing to fund each event on an annual basis. The majority of funds are
expended on entertainment such as bands, stage and lighting, fireworks, Kiddy Train,
bounce houses, climbing wall, etc. The Parks and Recreation Department staffs the event
with hourly employees for event set-up, trash pick-up, restroom monitoring, electrical
requirements, and other general duties. The Parks and Recreation exempt staff is called
upon to supervise, monitor and coordinate each event. Of course, Fire and Police
Department personnel attend to ensure safety, react to emergencies and assist with
security of participants. The public has become more involved over the past few years by
volunteering of their time but most of the volunteers are city staff from other
departments. They take on duties such as parking lot monitor at the parades, bounce
house attendant and general support at the events.
The input and feedback from City Council over the past couple of years indicates that
special events have not only met, but surpassed expectations held by our residents and
community leaders. Overall, city-sponsored special events have become anticipated
dates on everyone’s calendar, citizens and businesses alike … significantly contributing
to building of a “Family Community for a Lifetime” goal given by the 2030 Committee.
The “re-invention” of our special events (i.e. the Lighted Parade) has led to a
rejuvenation that has dramatically boosted enthusiasm, attendance and participation –
across the board.
Coppell residents, businesses and organizations are heavily involved in special events
through parade participation, vendor booths, volunteerism and donations. Coppell
businesses and organizations also host many special events throughout the year. A few
recognizable names are: YMCA’s Canine Classic, Coppell Exchange Club’s Bark in the
Park, Coppell High School Homecoming Parade. To ensure the ease of communication
and organization among all city departments and event hosts, all special events (internal
and external) are discussed at the monthly SERC meeting.
Findings for Business Sponsorship Agreements for City events
Special events are a successful and creative marketing tool for businesses and
organizations to show their community spirit while showcasing their name to a large
audience. There are 5 methods a business/organization may utilize for being a participant
in a city-sponsored special event: volunteer, financial sponsorship, purchasing a vendor
space, in-kind donations and parades. In many instances, the contributions made using
these options are what make an event successful – i.e. vendors at Earthfest. Businesses
have made it clear that the “preferred” method of involvement is parade participation,
vendor booths and in-kind donations; in that order.
Sponsorship for Community Organizations and Events
With the rejuvenation and rising popularity of special events, it is imperative that the
Special Events’ office maintain the integrity of the Special Events Ordinances that are in
place. Further, the application process must be organized and continually monitored and
adjusted, as needed, to provide optimal internal and external customer service and a
pleasant “event” experience. The applications/requests that filter through the Special
Events’ office encompass a wide range on the City spectrum: community volunteers,
Eagle Scout projects, annual city-sponsored events & parades, new business
participation, ISD events and all SERC applicants. All of these applications/requests
receive a large amount of attention and support in order for everyone involved to reach
their ultimate goal; whether that be to complete an Eagle Scout project in the park
system, get added visibility as a new business in our community or simply volunteer as a
way to “give back” to the City.
City Council Action requested:
Staff Recommendation:
Approval of this item.
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
August 24, 2010
7
✔
REPORT
Report by the Library Board.
The semi-annual report will be made by a member of the Library Board.
No action necessary on this item.
%boardreport
AGENDA REQUEST FORM
DATE: August 24, 2010
ITEM #: 8
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting
City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must
sign a register and list their residence address, provided by the City Secretary on a table outside the Council
Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or
special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals
during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be
extended for an additional two (2) minutes with the approval of a majority of the Council members present.
There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting.
Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they
have signed the provided register. No personal attacks by any speaker shall be made against any member of the
Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
August 24, 2010
9/A
✔
PROCEDURAL
Consider approval of minutes: August 10, 2010.
Minutes of the City Council meetings held on August 10, 2010.
Staff recommends approval.
%minutes
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MINUTES OF AUGUST 10, 2010
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
August 10, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255
Parkway Boulevard, Coppell, Texas. The following members were present:
Bob Mahalik, Mayor Pro Tem
Tim Brancheau, Councilmember
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Karen Hunt, Councilmember (late arrival)
Also present were City Manager Clay Phillips, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Pro Tem Mahalik called the meeting to order, determined that a
quorum was present and convened into Work Session.
Councilmembers Hinojosa-Flores and Hunt arrived prior to convening Work
Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding the annual review of the written
Investment Policy.
B. Discussion regarding the William Peck Agreement for
Architectural Services at the Main Street at Old Coppell
Square.
C. Discussion regarding possible future TML Resolutions and
Legislative Agenda.
D. Discussion of Agenda Items.
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EXECUTIVE SESSION (Closed to the Public)
3. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Seek legal advice from the City Attorney concerning
the settlement and land purchases agreements with
the Billingsleys at Northlake.
Mayor Pro Tem Mahalik convened into Executive Session at 6:10 p.m.
Mayor Pro Tem Mahalik adjourned the Executive Session at 7:25 p.m. and
opened the Regular Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Rod Collver, Relevant Life Church, led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Pro Tem Mahalik led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
Mayor Pro Tem Mahalik advised no one signed up to speak.
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 27, 2010.
B. Consider approval of a Resolution calling a Special Election
for November 2, 2010 to fill the vacancy of Mayor, and
authorizing the Mayor Pro Tem to sign.
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C. Consider approval of the annual review of the written
Investment Policy of the City of Coppell as provided by the
Public Funds Investment Act, Chapter 2256, Texas
Government Code.
D. Consider approval of an agreement with William Peck &
Assoc., Inc., for design services related to site master
planning, a pavilion, interactive fountain, a playground
area, public restrooms and storage, on the 1.703 acre parcel
within the proposed Main Street at Old Coppell
development, in the amount of $80,750.00, and authorizing
the City Manager to sign.
E. Consider approval of Change Order Number 2 to the Bethel
Road IIA (ST 03-01A) project in the amount of $98,431.33
for construction of an aerial sewer crossing of Grapevine
Creek and minor utility adjustments, as provided for by
Water and Sewer operating revenues; and authorizing the
City Manager to sign all necessary documents.
F. Consider approval of an Ordinance amending the Code of
Ordinances, Chapter 8, Article 8-1, Section 8-1-4, to
establish the maximum prima facie speed limit for a revised
designated school zone on Southwestern Blvd.; providing a
severability clause; providing a savings 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 Pro Tem to sign
and execute any necessary documents.
G. Consider approval of an Ordinance for Case No. S-1093R-C,
Taco Bell, a zoning change from S-1093-C (Special Use
Permit-1093-Commercial) to S-1093R-C (Special Use Permit-
1093 Revised – Commercial), to permit the addition of a
drive-thru entry portal, an order point canopy and the
replacement of the existing menu board on approximately
one acre of property located at 115 North Denton Tap Road
and authorizing the Mayor Pro Tem to sign.
H. Consider approval of an Ordinance for Case No. S-1220R-TC,
Verizon Wireless, a zoning change request from S-1220-TC
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(Special Use Permit-1220-Town Center) to S-1220R-TC
(Special Use Permit-1220 Revised-Town Center), to allow
the replacement of existing telecommunication antennae
and the expansion of the equipment cabinet enclosure on
property located at 363 North Denton Tap Road in Andy
Brown West Park and authorizing the Mayor Pro Tem to
sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
carrying Resolution No. 2010-0810.1, C, D, E, F carrying Ordinance No.
2010-1253, G carrying Ordinance No. 91500-A-554, and H carrying
Ordinance No. 91500-A-555. Councilmember Hunt seconded the motion;
the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers
Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in
favor of the motion.
9. PUBLIC HEARING:
To receive public comment concerning the proposed 2010-11
Budget for the Coppell Crime Control and Prevention District.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to Council.
Public Hearing:
Mayor Pro Tem Mahalik opened the Public Hearing and advised no one
signed up to speak.
Action:
Councilmember Tunnell moved to close the Public Hearing concerning the
proposed 2010-11 Budget for the Coppell Crime Control and Prevention
District. Councilmember Faught seconded the motion; the motion carried
7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the
motion.
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10. To approve the proposed 2010-11 Budget for the Coppell Crime
Control and Prevention District.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to Council.
Action:
Councilmember Franklin moved to approve the proposed 2010-11 Budget
for the Coppell Crime Control and Prevention District. Councilmember
Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor
Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
11. Consider approval of the certification of the 2010 anticipated
collection rate for the period of July 1, 2010 through June 30,
2011, and the amount of excess debt collections during the
period of July 1, 2009 through June 30, 2010.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to Council.
Action:
Councilmember Brancheau moved to approve the certification of the 2010
anticipated collection rate for the period of July 1, 2010 through June 30,
2011, and the amount of excess debt collections during the period of
July 1, 2009 through June 30, 2010. Councilmember Hunt seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and
Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin
and Hunt voting in favor of the motion.
12. Consider approval of a proposed tax rate of 0.69046 for the 2010
tax year and to set the Public Hearings on the proposed tax rate
for the next regularly scheduled Council Meeting on August 24,
2010 at 7:30 P.M. and a Special called meeting on August 31,
2010 at 6:00 P.M.
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Presentation:
Jennifer Miller, Director of Finance, made a presentation to Council.
Action:
Councilmember Faught moved to approve the proposed tax rate of 0.69046
for the 2010 tax year and to set the Public Hearings on the proposed tax
rate for the next regularly scheduled Council Meeting on August 24, 2010
at 7:30 P.M. and a Special called meeting on August 31, 2010 at 6:00 P.M.
Councilmember Tunnell seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
13. Consider approval of awarding RFP #0096 to New World Systems
for the replacement of the City's Municipal Public Administration
Software Application in the amount of $475,900 as budgeted and
authorizing the City Manager to sign any necessary documents.
Presentation:
Rick Moore, Director of IS, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve the awarding of RFP #0096 to
New World Systems for the replacement of the City's Municipal Public
Administration Software Application in the amount of $475,900 as
budgeted and authorizing the City Manager to sign any necessary
documents. Councilmember Franklin seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the
motion.
14. PUBLIC HEARING:
To consider establishing the City's participation in the Texas
Enterprise Zone Program pursuant to the Texas Enterprise Zone
Act, Chapter 2303, Texas Government Code, providing
incentives, designating a liaison for communication with
interested parties, and nominating The Container Store, Inc. to
the Office of the Governor Economic Development & Tourism
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(EDT) through an Economic Development Bank (Bank) as an
enterprise project.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Public Hearing:
Mayor Pro Tem Mahalik opened the Public Hearing and advised no one
signed up to speak.
Action:
Councilmember Franklin moved to close the Public Hearing and approve
the establishment of the City's participation in the Texas Enterprise Zone
Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code, providing incentives, designating a liaison for
communication with interested parties, and nominating The Container
Store, Inc. to the Office of the Governor Economic Development & Tourism
(EDT) through an Economic Development Bank (Bank) as an enterprise
project. Councilmember Hunt seconded the motion; the motion carried 7-0
with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-
Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
15. Consider approval of an Ordinance establishing the City's
participation in the Texas Enterprise Zone Program pursuant to
the Texas Enterprise Zone Act, Chapter 2303, Texas Government
Code, providing incentives, designating a liaison for
communication with interested parties, and nominating The
Container Store to the Office of the Governor Economic
Development & Tourism (EDT) through an Economic
Development Bank (Bank) as an enterprise project, and
authorizing the Mayor Pro Tem to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
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Action:
Councilmember Hunt moved to approve Ordinance No. 2010-1254
establishing the City's participation in the Texas Enterprise Zone Program
pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code, providing incentives, designating a liaison for
communication with interested parties, and nominating The Container
Store to the Office of the Governor Economic Development & Tourism (EDT)
through an Economic Development Bank (Bank) as an enterprise project,
and authorizing the Mayor Pro Tem to sign. Councilmember Hinojosa-
Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell,
Faught, Franklin and Hunt voting in favor of the motion.
16. Consider approval of the Old Town Addition, Lots 1-9, Blocks A-
G, Preliminary Plat, to subdivide 23.12 acres of property into
nine (9) lots located on land generally bounded by Bethel Road,
Coppell Road, Burns Street and Hammond Street.
Presentation:
Matt Steer, Planner, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve the Old Town Addition, Lots 1-9,
Blocks A-G, Preliminary Plat, to subdivide 23.12 acres of property into nine
(9) lots located on land generally bounded by Bethel Road, Coppell Road,
Burns Street and Hammond Street, subject to the following conditions:
1) Landscaping should not interfere with the visibility triangles at the
intersections; and
2) Additional comments will be generated upon detailed engineering
review.
Councilmember Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the
motion.
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17. Consider approval of the Old Town Addition, Lots 1-9, Blocks A-
G, Final Plat, to subdivide 23.12 acres of property into nine (9)
lots located on land generally bounded by Bethel Road, Coppell
Road, Burns Street and Hammond Street.
Presentation:
Matt Steer, Planner, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve the Old Town Addition, Lots 1-9,
Blocks A-G, Final Plat, to subdivide 23.12 acres of property into nine (9)
lots located on land generally bounded by Bethel Road, Coppell Road,
Burns Street and Hammond Street, subject to the following conditions:
1) Landscaping should not interfere with the visibility triangles at the
intersections; and
2) Additional comments will be generated upon detailed engineering
review.
Councilmember Brancheau seconded the motion; the motion carried
7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the
motion.
18. PUBLIC HEARING:
Consider approval of Case No. PD-237R-HC, QuikTrip, a zoning
change request from A (Agriculture) to PD-237R-HC (Planned
Development-237 Revised-Highway Commercial) to attach a
detail site plan to allow a 4,900-square-foot convenience store
with eight gas pump islands on 2.03 acres of land located at the
northeast corner of South Belt Line Road and the proposed
extension of Dividend Drive.
Presentation:
Matt Steer, Planner, made a presentation to Council and advised the
Applicant had asked for a postponement.
Cm081010
Page 10 of 11
Action:
Councilmember Tunnell moved to continue the Public Hearing until the
September 14 meeting. Councilmember Faught seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers
Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in
favor of the motion.
19. Consider approval of accepting the resignation of Wendy Dunn
from the Library Advisory Board and advancing Stephen Smith
up from an alternate to fill the unexpired term of Wendy Dunn.
Presentation:
Libby Ball, City Secretary, made a presentation to Council.
Action:
Councilmember Brancheau moved to approve the resignation of Wendy
Dunn from the Library Advisory Board and advancing Stephen Smith up
from an alternate to fill the unexpired term of Wendy Dunn.
Councilmember Franklin seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
20. City Manager's Report.
A. Project Update and Future Agendas.
City Manager Clay Phillips announced that the Denton Tap and Bethel
Road projects both opened ahead of schedule. The railroad crossings will
be rehabilitated shortly, so there will be some upcoming lane closures,
along with various pavement band replacement projects around town. The
Tennis Center project is currently underway.
Regarding future agendas, Budget Hearings will be held on August 24th and
August 31st, with the Budget Adoption on September 14th. Quik Trip has
been continued to the September 14th meeting. There is a bit of discussion
going around regarding the Toll Brothers Carter Estates project as the item
moves forward. Finally, at the next meeting, the agenda could possibly
include the K2 Ordinance, the radio coverage study and the CAD RMS
contract.
Cm081010
Page 11 of 11
21. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Nothing to report.
22. Necessary action resulting from Executive Session.
Nothing to report.
____________________________________
Bob Mahalik, Mayor Pro Tem
ATTEST:
____________________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Parks and Recreation
August 24, 2010
9/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of a contract for the renewal of the Dallas County Health Services Agreement, effective October 1,
2010 through September 30, 2011, in the amount of $3,131.00; and authorizing the Mayor Pro Tem to sign.
For FY 2011, the Dallas County Commissioners Court elected not to increase the contract amount, therefore, the
contract cost is based on the 2010 contract amount.
Funds are budgeted in Environmental Health, Other Professional Services for this contract.
Staff recommends approval.
^Dallas County Agreement - 1 AR
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:
Finance
August 24, 2010
10
✔
PUBLIC HEARING
To receive public comment concerning the proposed 2010-2011 Municipal Budget.
Pursuant to the City Charter, a public hearing will be conducted by the City Council of the City of Coppell, Texas, to
receive public comment concerning the proposed 2010-2011 Municipal Budget. At this hearing, taxpayers must have
the opportunity to express their views on the proposed budget.
$01PHBudget-1AR
NOTICE OF PUBLIC HEARING
PROPOSED 2010-2011
MUNICIPAL BUDGET
A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to
receive public comment concerning the Proposed 2010-2011 Municipal Budget. This budget will
raise more total property taxes than last year’s budget by $2,250,658 or 7.30 percent, and of that
amount $303,126 is tax revenue to be raised from new property added to the tax roll this year.
The Public Hearing will be held on August 24, 2010 at 7:30 p.m. in the Council Chambers at the
City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will
be on file for public view in the office of the City Secretary at City Hall, at the William T. Cozby
Public Library, 177 N. Heartz Road, Coppell, Texas 75019 and on the City’s website.
PUBLIC NOTICE 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.
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:
Finance
August 24, 2010
11
✔
PUBLIC HEARING
To receive public comment concerning the proposed 2010-2011 tax rate of 0.69046.
Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice-and-hearing
limit, the taxing unit's governing body must hold two (2) public hearings on the proposal. At these hearings, taxpayers
must have the opportunity to express their views on the proposed increase. The governing body may not adopt the
tax rate at these hearings; and, must announce the date and time of the meeting at which it will vote on the tax rate.
The meeting to adopt the 2010 tax rate must be at least three (3) days but no more than fourteen (14) days after the
public hearing.
$02PHTaxRate-1AR
The City of Coppell will hold two public hearings on a proposal to increase total tax
revenues from properties on the tax roll in the preceding tax year by 4.99 percent
(percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax
rate calculated under Chapter 26, Tax Code). Your individual taxes may increase at a
greater or lesser rate, or even decrease, depending on the change in the taxable value of
your property in relation to the change in taxable value of all other property and the tax
rate that is adopted.
Notice of Public Hearing on Tax Increase
The first public hearing will be held on August 24, 2010 at 7:30 PM at Town Center, 255
Parkway Blvd, Coppell, TX 75019.
The second public hearing will be held on August 31, 2010 at 6:00 PM at Town Center,
255 Parkway Blvd, Coppell, TX 75019.
The members of the governing body voted on the proposal to consider the tax increase as
follows:
Bob Mahalik Tim Brancheau
Brianna Hinojosa-Flores Marsha Tunnell
Billy Faught Marvin Franklin
Karen Hunt
FOR:
AGAINST:
PRESENT and not
voting:
ABSENT:
The average taxable value of a residence homestead in City of Coppell last year was
$272,478. Based on last year's tax rate of $0.64146 per $100 of taxable value, the amount
of taxes imposed last year on the average home was $1,747.84.
The average taxable value of a residence homestead in City of Coppell this year is
$276,123. If the governing body adopts the effective tax rate for this year of $0.65767 per
$100 of taxable value, the amount of taxes imposed this year on the average home would
be $1,815.98.
If the governing body adopts the proposed tax rate of $0.69046 per $100 of taxable value,
the amount of taxes imposed this year on the average home would be $1,906.52.
Members of the public are encouraged to attend the hearings and express their views.
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 Manager
August 24, 2010
12
✔
ORDINANCE
Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the
Coppell Municipal Court of Record No. 1 of the City of Coppell; and authorizing the Mayor Pro Tem to sign.
The current 2-year contracts with Judge Marian Moseley and Alternate Judges Kim Nesbitt and Terry Landwehr are up
for renewal this year.
Funds for these contracts, has been budgeted in Municipal Court, Other Professional Services.
Staff recommends approval.
!Judges - 1 AR
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
APPOINTING A PRESIDING MUNICIPAL JUDGE AND ALTERNATE
MUNICIPAL JUDGES OF THE COPPELL MUNICIPAL COURT OF
RECORD NO. 1 OF THE CITY OF COPPELL, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, State law requires a municipality to enact ordinances for the appointment of
judges and alternate judges; and
WHEREAS, the term of the current Municipal Judge and Alternate Judges have expired;
and
WHEREAS, the Council desires to reappoint the current Municipal Judge and Alternate
Municipal Judges.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That in accordance with the provisions of the City Charter and State law, the
City Council hereby appoints Hon. Marian Moseley to serve as the Municipal Judge of the Coppell
Municipal Court No. 1, and shall act as the presiding judge of said Court, and, the City Council
hereby appoints Hon. Kim Nesbitt and Hon. Terry Landwehr and shall each serve as Alternate
Municipal Judges. The Municipal Judge and Alternate Municipal Judges appointed herein shall
each have and possess the authority, powers, rights, duties, and jurisdiction granted to and
imposed on municipal judges of the Courts of Record of the State of Texas by the provisions of
State law, City Charter and the ordinances of the City of Coppell.
SECTION 2. That the Municipal Judge and the Alternate Municipal Judges appointed
hereunder shall each serve a term of office of two (2) years commencing from the effective date
hereof, unless sooner terminated according to the provisions of law.
2
SECTION 3. That the City Manager shall determine the appropriate compensation and
negotiate with the foregoing persons such contracts and agreements as may be deemed necessary
and appropriate and shall execute such contracts as the act and deed of the City.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
and the publication, 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
___________________, 2010.
APPROVED:
BOB MAHALIK , MAYOR PRO TEM
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
August 24, 2010
13
✔
ORDINANCE
Consider approval of an ordinance of the City of Coppell, Texas, amending Chapter 9 by adding Article 9-28, "Illegal
Smoking Products", to prohibit the use, purchase, possession, sale, distribution, transportation and advertisement of the
synthetic cannabinoid known or sold under such names as "Spice", "Genie", "DaScents", "Zohai", "Sage", "K-2", and "KO
Knock-Out 2" for public health purposes; and authorizing the Mayor Pro Tem to sign.
Medical and law enforcement officials throughout the nation have identified a growing presence of these new and
potentially dangerous substances affecting the public health, safety and welfare of citizens. These substances are
sold and distributed under many different names. The City of Coppell has determined that it is in the best interest of
the City to prohibit the sale of these substances within the city limits of Coppell.
Staff recommends approval.
)Illegal Smoking Products
Date: August 5, 2010
To: Clay Phillips, City Manager
From: Roy L Osborne, Chief of Police
Subject: K-2 Ordinance
The Coppell Police Department has identified this type of substance, commonly referred to
as K-2, and related paraphernalia is being sold within our city limits. Though the State
Legislature will likely address this issue in the upcoming legislative session, we believe
this needs to be addressed locally now.
Medical and law enforcement officials throughout the nation have identified a growing
presence of this new and potentially dangerous substance affecting the public health, safety
and welfare of citizens. K-2 and substances like it are a mixture of dried vegetation when
covered with certain specific chemicals, produces the physiological and psychological
effects of a controlled substance such as marijuana. The physiological effects being
reported are hallucinations, vomiting, agitation, panic attacks, tachycardia, elevated blood
pressure, pallor, numbness and tingling, disorientation, loss of time awareness and, in some
cases, tremors and seizures. These effects range from three to one hundred times greater
than that of THC, the active ingredient in marijuana.
This substance is sold and distributed under many different names, but they all share
common ingredients including JHW-018 and JWH-073, in the synthetic marijuana. Saliva
Divinorum contains the ingredient known as Salvinorin A. In addition, there are many
ways to ingest or inhale these substances. These products are marketed towards those that
will purchase and use the synthetic marijuana.
We believe this ordinance will address this issue in Coppell until the State Legislature has
an opportunity to act.
1 TM 44647
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 9 BY ADDING ARTICLE 9-
28, “ILLEGAL SMOKING PRODUCTS”, TO PROHIBIT THE USE,
PURCHASE, POSSESSION, SALE, DISTRIBUTION,
TRANSPORTATION AND ADVERTISEMENT OF THE SYNTHETIC
CANNABINOID KNOWN OR SOLD UNDER SUCH NAMES AS
“SPICE”, “GENIE”, “DaSCENTS”, “ZOHAI”, “SAGE”, “K-2” AND “KO
KNOCK-OUT 2” FOR PUBLIC HEALTH PURPOSES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas has determined that
certain businesses within the City may be selling certain substances that when ingested
produce intoxicating effects similar to THC or marijuana; and
WHEREAS, the substances identified above are considered to be generally described as
synthetic cannabinoids or salvia divinorum distributed, sold and marketed under such
names as "K-2", "K-2 SUMMET", "K-2 SEX", "GENIE", "DASCENTS", "ZOHAI",
"SAGE", "SPICE", "KO KNOCK-OUT 2", "SPICE GOLD", "SPICE DIAMOND",
"YUCATAN FIRE", "SOLAR FLARE", "PEP SPICE", "FIRE N' ICE", AND "SALVIA
DIVINORUM"; and
WHEREAS, the substances described above are not yet categorized as illegal
controlled substances under state or federal law; and
WHEREAS, the substances described above may be marketed as incense but are
commonly being used as an alternative to marijuana which is an identified and documented
controlled substance, the sale and use of which is prohibited under the laws of the State of
Texas and the United States; and
WHEREAS, the synthetic cannabinoids substances identified above may be
presented under a variety of street names but share common ingredients including JWH-
018 and JWH-073; and
WHEREAS, the substances described above may also contain 1-(3-
[trifluoromethylphenyl]) piperazine commonly known as TFMPP, any other synthetic
cannabinoid or any similar substance which when inhaled or otherwise ingested
produces intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any
manner, changes, distorts or disturbs the auditory, visual, or mental process and the
product or substance has no other apparent legitimate purpose for consumers; and
Page 2
2 TM 44647
WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and
WHEREAS, these unregulated synthetic cannabinoids and salvia divinorum
produce a very potent, intoxicating effect which is estimated by the medical community
to produce effects ranging from three to one hundred times greater and more potent
than THC, the active ingredient in marijuana; and
WHEREAS, the substances identified above manifest all of the demonstrated
attributes of substances that deprive individuals of judgment, coordination and the
ability to conduct themselves in a safe and appropriate manner in modern society; and
WHEREAS, the available medical and law enforcement information on these
products indicates that individuals under the effects of these substances may be a clear and
present danger to themselves and others; further the long term effects of these
substances are not yet known; and
WHEREAS, it is anticipated that the Texas Legislature will consider
appropriate regulation of these type of commodities in its upcoming legislative session but
that it is essential for the municipality to impose some type of reasonable restriction on
these products until a state wide regulatory system may be properly implemented; and
WHEREAS, it has been determined that the effects of these substances are a
health concern to the citizens of the City of Coppell; and
WHEREAS, the City Council of the City of Coppell, Texas, has determined that
it is in the best interest of the public health, safety and welfare to immediately address
the health concerns to the citizens of the City of Coppell by adopting a local ordinance
prohibiting the substances identified above;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Coppell, Texas, be and the
same is hereby amended by amending Chapter 9 in part by adding Article 9-28, Illegal
Smoking Products, to prohibit the use, purchase, possession, sale, distribution,
transportation, advertisement and offering for sale the synthetic cannabinoid known or
sold under such names as “Spice”, “Spice Diamond”, “Spice Gold”, “Pep Spice”,
“Yucatan Fire”, “Solar Flare”, “Fire n’ Ice”, “Genie”, “Dascents”, “Zohai”, “Sage”,
“Salvia Divinorum”, “K-2”, “K-2 Summet” and “KO Knock-Out 2” to read as follows:
“ARTICLE IV. ILLEGAL SMOKING PRODUCTS
Sec. 9-28-1. Purpose
3 TM 44647
The purpose of this article is to prohibit the use, possession, sale, ingestion or
smoking of illegal smoking products and ingestion devices hereinafter defined within
the city limits of the City of Coppell.
Sec. 9-28-2. Definitions.
“Person” shall mean an individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
“Illegal Smoking Product” shall mean any substance, whether described as
tobacco, herbs, incense, spice or any blend thereof, regardless of whether the
substance is marketed for the purpose of being smoked, which includes any one or
more of the following chemicals:
(a) Salviadivinorum or salvinorum A; all parts of the plant presently classified
botanically as salvia divinorum, whether growing or not, the seeds thereof,
any extract from any part of such plant, and every compound, manufacture,
salts derivative, mixture or preparation of such plant, its seeds or extracts;
(b) 2-[(1R, 3S)–3–hydroxycyclohexyl}–5–(2–methylocatan–2–yl) phenol (also
known as CP47, 497) and homologues;
(c) (6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,
10, 10a-tetrahydrobenzo [c] chormen-1-ol) (also known as HU-211 or
Dexanabinol);
(d) 1-Pentyl-3-(1-naphthoyl) indole (also known as JWH-018); or
(e) Butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(f) 1-(3-[trifluoromethylphenyl]) piperazine commonly known as TFMPP; or
(g) Any other synthetic cannabinoid, or
(h) Any similar substance which when inhaled or otherwise ingested produces
intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in
any manner, changes, distorts, or disturbs the auditory, visual, or mental
process and the product or substance has no other apparent legitimate
purpose for consumers.
“Ingestion Device” shall mean equipment, a product or material that is used or
intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking
product into the human body, including:
(a) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or
without a screen, permanent screen, hashish head, or punctured metal bowl;
(b) a water pipe;
(c) a carburetion tube or device;
4 TM 44647
(d) a smoking or carburetion mask’
(e) a chamber pipe;
(f) a carburetor pipe;
(g) an electric pipe;
(h) an air-driven pipe;
(i) a chillum;
(j) a bong; or
(k) an ice pipe or chiller.
Sec. 9-28-3. Sell, Offer, Gift, Display or Possession.
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly
display, sell or offer for sale any illegal smoking product.
Sec. 9-28-4. Use or Possession of Ingestion Devices.
It shall be unlawful for any person to use or possess with intent to use an
ingestion device to inject, ingest, inhale or otherwise introduce into the human
body an illegal smoking product.
Sec. 9-28-5. Defense.
It shall be a defense to a violation of this article that any act described in
this article is under and pursuant to the direction or prescription of a licensed
physician or dentist authorized to direct or prescribe such act.”
SECTION 2. All ordinances of the City of Coppell in conflict with the provisions
of this ordinance shall be, and the same are hereby, repealed; provided, however, that all
other provisions of said ordinances not in conflict herewith shall remain in full force and
effect. Nothing contained herein shall be construed to conflict with the Texas Controlled
Substance Act, or any other state and/or federal law governing the same.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase
or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged
or held to be void or unconstitutional, the same shall not affect the validity of the
5 TM 44647
remaining portions of said ordinance or the Code of Ordinances, as amended hereby,
which shall remain in full force and effect.
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 or
terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject
to the same penalty as provided for in the Code of Ordinances of the City of Coppell, as
previously amended, and upon conviction shall be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000) for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its
passage and publication of the caption as required by law.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______
day of ___________________, 2010.
APPROVED:
___________________________________
BOB MAHALIK, MAYOR PRO TEM
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(JDD/ajh)
AGENDA REQUEST FORM DATE: August 24, 2010
ITEM #: 14
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
AGENDA REQUEST FORM DATE: August 24, 2010
ITEM #: 15
PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF
COMMUNITY INTEREST AND NO COUNCIL ACTION OR
DELIBERATION IS PERMITTED
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: August 24, 2010
ITEM #: 16
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition –Hunt.
E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau
F. Metrocrest Hospital Authority –Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
J. North Texas Council of Governments – Tunnell.
K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
Agenda Request Form - Revised 11/09 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: August 24, 2010
ITEM #: 17
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: August 24, 2010
Department Submissions:
Item No. 9/B 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 No. 13 was placed on the Agenda for the above-referenced City
Council meeting by the Police Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Police Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)