CP 2002-06-25
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JUNE 25, 2002
CANDY SHEEHAN, DOUG STOVER, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DAVE HERRING, Place 6
DIANA RAINES, Place 3 BILL YORK, Place 7
JIM WITT, 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)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, June 25, 2002, at 5:30 p.m. for Executive
Session, Work Session will follow immediately thereafter, and Regular Session will
begin at 7:00 p.m., with 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 reser ves 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
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding AT&T Broadband.
B. Discussion regarding 2003 Legislative Session.
1. Discussion regarding DART.
2. Discussion regarding Cemetery.
C. Discussion regarding non-profit solicitations.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
3. Invocation.
4. Pledge of Allegiance.
5. Repor t by Library Board.
6. Citizen's Appearances.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 11, 2002.
B. Consider acceptance of resignation of Ann Golding from the Coppell
Education Development Corporation.
C. Consider approval of an Agreement of Cooperation for CDBG/Home
Program and authorizing the Mayor to sign.
D. Consider approval of a grant from the Coppell Education
Development Corporation and the City of Coppell to
Carrollton/Farmers Branch Independent School District for a half-
time technolog y suppor t specialist at Riverchase Elementar y School
using funds collected from the 379A sales tax.
E. Consider approval of a grant from the Coppell Education
Development Corporation and the City of Coppell to Lewisville
Independent School District for librar y books for Southridge
Elementar y School using funds collected from the 379A sales tax.
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ITEM # ITEM DESCRIPTION
F. Consider approval of an ordinance amending the cable franchise
ordinance to change the ownership from AT&T Broadband, LLC., to
AT&T Comcast Corporation, and authorizing the Mayor to sign.
G. Consider approval of an ordinance setting the maximum permitted
basic tier rates charged by AT&T Broadband, and authorizing the
Mayor to sign.
H. Consider approval of an ordinance setting the maximum permitted
monthly equipment rental rate charged by AT&T Broadband, and
authorizing the Mayor to sign.
I. Consider approval of an ordinance repealing ordinance NO. 96751
and repealing the code of ordinances by amending Chapter 9, Section
9-11-7 and replacing the same with new updated provisions for
scheduling city facilities related to the designation athletic game fields
and authorizing the Parks and Recreation Board to establish such
designations as necessary; providing a repealing clause; providing a
severability clause; and providing an effective date.
Land Use and Development
J. Consider approval of an Ordinance for Case No. PD-186R3, Duke-
Freepor t, zoning change from PD-186R2 (Planned Development-
186R2) to PD-186R3 (Planned Development-186R3) to consider a
revised Concept Plan for Building 3 to reduce the required parking on
approximately 13.8 acres of proper ty located along the west side of
Freepor t Parkway, nor th of Bethel Road, and authorizing the Mayor
to sign.
K. Consider approval of an Ordinance for Case No. PD-196, Valley
Ranch Baptist Church, zoning change from LI (Light Industrial) to
PD-196-LI (Planned Development-196-Light Industrial) to allow an
approximate 43,000 square-foot building addition and the expansion
of the parking lot to include 392 additional spaces on approximately
7.5 acres of proper ty located at 1501 Belt Line Road, east of
MacAr thur Blvd., and authorizing the Mayor to sign.
END OF CONSENT
8. PUBLIC HEARING:
Consider TXU Gas Distribution’s request to increase gas rates within the
corporate city limits of the City of Coppell.
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ITEM # ITEM DESCRIPTION
9. Consider approval of an ordinance or resolution regarding TXU Gas
Distribution’s request to change rates in the City of Coppell, providing for
notice hereof to said company, and authorizing the Mayor to sign.
10. PUBLIC HEARING:
Consider approval of Case No. S-1194R, Frost Bites Italian Ice, zoning
change request from PD-178R S-1194 (Planned Development-178R-Special
Use Per mit-1194) to PD-178R S-1194R (Planned Development-178R-
Special Use Permit-1194 Revised), to allow a revision to the approved
attached signage for the Italian ice cream shop located in the Town Center
West Retail Center at 171 N. Denton Tap Road.
11. PUBLIC HEARING:
Consider approval of Case No. S-1200, Deli and Health Food Bar, zoning
change request from TC (Town Center) to TC-S-1200 (Town Center, Special
Use Permit-1200), to allow the operation of an approximate 324 square-
foot food ser vice within the Coppell Family YMCA, located at 146 Town
Center Blvd.
12. PUBLIC HEARING:
Consider approval of text amendments to Chapter 12, Zoning, of the Code
of Ordinances to amend Section 12-42-1 Definitions, providing for a
definition of mini-warehouse (convenience storage), Section 12-31-6.20
revising parking for mini-warehouse (convenience storage), Section 12-30-
12 requiring SUP for mini-warehouse use in the Light Industrial District,
and deleting subsection 34 of Section 12-31-6, to clarify the parking
requirements for general warehouse use.
13. Consider approval and adoption of Council vision and goals for 2007 and
work elements for fiscal year 2003.
14. Necessary action resulting from Work Session.
15. Mayor and Council Repor ts.
A. Repor t by Mayor Sheehan regarding the Spirit of Coppell July 4th
Celebration.
B. Repor t by Mayor Sheehan regarding volunteers to ser ve on Regional
Transpor tation Task Force.
Adjournment.
____________________________________
Candy Sheehan, Mayor
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CERTIFICATE
I cer tify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this _________ day of _________________,
2002, at __________________.
____________________________________
Libby Ball, City Secretar y
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).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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WORK SESSION
A. Discussion regarding AT&T Broadband.
B. Discussion regarding 2003 Legislative Session.
1. Discussion regarding DART.
2. Discussion regarding Cemetery.
C. Discussion regarding non-profit solicitations.
Discussion of Agenda Items.
D.
ITEM # WS-2 CITY COUNCIL MEETING: June 25, 2002
AG EN DA R EQU EST FO R M
CITY MANAGER'S REVIEW:
SUPREME COURT OF THE UNITED STATES
WATCHTOWER BIBLE & TRACT SOCIETY OF NEW YORK, INC., et al. v.
VILLAGE OF STRATTON et al.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT
No. 00—1737. Argued Februar y 26, 2002–Decided June 17, 2002
Respondent Village of Stratton (Village) promulgated an ordinance that, inter alia, prohibits
“canvassers” from “going in and upon” private residential property to promote any “cause”
without first obtaining a permit from the mayor’s office by completing and signing a registration
form. Petitioners, a society and a congregation of Jehovah’s Witnesses that publish and distribute
religious materials, brought this action for injunctive relief, alleging that the ordinance violates
their First Amendment rights to the free exercise of religion, free speech, and freedom of the
press. The District Court upheld most provisions of the ordinance as valid, content-neutral
regulations, although it did require the Village to accept narrowing constructions of several
provisions. The Sixth Circuit affirmed. Among its rulings, that court held that the ordinance was
content neutral and of general applicability and therefore subject to intermediate scrutiny;
rejected petitioners’ argument that the ordinance is overbroad because it impairs the right to
distribute pamphlets anonymously that was recognized in McIntyre v. Ohio Elections Comm’n,
514 U.S. 334; concluded that the Village’s interests in protecting its residents from fraud and
undue annoyance and its desire to prevent criminals from posing as canvassers in order to
defraud its residents were sufficient bases on which to justify the regulation; and distinguished
this Court’s earlier cases protecting the Jehovah’s Witnesses ministry.
Held: The ordinance’s provisions making it a misdemeanor to engage in door-to-door advocacy
without first registering with the mayor and receiving a permit violate the First Amendment as it
applies to religious proselytizing, anonymous political speech, and the distribution of handbills.
Pp. 9—18.
(a) For over 50 years, this Court has invalidated on First Amendment grounds restrictions on
door-to-door canvassing and pamphleteering by Jehovah’s Witnesses. See, e.g., Murdock v.
Pennsylvania, 319 U.S. 105. Although those cases do not directly control the question at issue,
they yield several themes that guide the Court. Among other things, those cases emphasize that
the hand distribution of religious tracts is ages old and has the same claim as more orthodox
practices to the guarantees of freedom of religion, speech, and press, e.g., id., at 109; discuss
extensively the historical importance of door-to-door canvassing and pamphleteering as vehicles
for the dissemination of ideas, e.g., Schneider v. State (Town of Irvington), 308 U.S. 147, 164,
but recognize the legitimate interests a town may have in some form of regulation, particularly
when the solicitation of money is involved, e.g., Cantwell v. Connecticut, 310 U.S. 296, 306, or
the prevention of burglary is a legitimate concern, Martin v. City of Struthers, 319 U.S. 141, 144;
make clear that there must be a balance between such interests and the effect of the regulations
on First Amendment rights; e.g., ibid.; and demonstrate that the Jehovah’s Witnesses have not
struggled for their rights alone, but for those many who are poorly financed and rely extensively
upon this method of communication, see, e.g., id., at 144—146, including nonreligious groups
and individuals, see, e.g., Thomas v. Collins, 323 U.S. 516, 539—540. Pp. 9—13.
(b) The Court need not resolve the parties’ dispute as to what standard of review to use here
because the breadth of speech affected by the ordinance and the nature of the regulation make it
clear that the Sixth Circuit erred in upholding it. There is no doubt that the interests the ordinance
assertedly serves–the prevention of fraud and crime and the protection of residents’ privacy–are
important and that the Village may seek to safeguard them through some form of regulation of
solicitation activity. However, the amount of speech covered by the ordinance raises serious
concerns. Had its provisions been construed to apply only to commercial activities and the
solicitation of funds, arguably the ordinance would have been tailored to the Village’s interest in
protecting its residents’ privacy and preventing fraud. Yet, the Village’s administration of its
ordinance unquestionably demonstrates that it applies to a significant number of noncommercial
“canvassers” promoting a wide variety of “causes.” The pernicious effect of the permit
requirement is illustrated by, e.g., the requirement that a canvasser be identified in a permit
application filed in the mayor’s office and made available for public inspection, which
necessarily results in a surrender of the anonymity this Court has protected. Also central to the
Court’s conclusion that the ordinance does not pass First Amendment scrutiny is that it is not
tailored to the Village’s stated interests. Even if the interest in preventing fraud could adequately
support the ordinance insofar as it applies to commercial transactions and the solicitation of
funds, that interest provides no support for its application to petitioners, to political campaigns,
or to enlisting support for unpopular causes. The Village’s argument that the ordinance is
nonetheless valid because it serves the two additional interests of protecting residents’ privacy
and the prevention of crime is unpersuasive. As to the former, an unchallenged ordinance section
authorizing residents to post “No Solicitation” signs, coupled with their unquestioned right to
refuse to engage in conversation with unwelcome visitors, provides ample protection for
unwilling listeners. As to the latter, it seems unlikely that the lack of a permit would preclude
criminals from knocking on doors and engaging in conversations not covered by the ordinance,
and, in any event, there is no evidence in the record of a special crime problem related to door-
to-door solicitation. Pp. 13—18.
240 F.3d 553, reversed and remanded.
Stevens, J., delivered the opinion of the Court, in which O’Connor, Kennedy, Souter,
Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, in which Souter and
Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas,
J., joined. Rehnquist, C. J., filed a dissenting opinion.
AGE N DA R E QU E S T FO R M
ITEM # 5 CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
Report by the Library Board.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
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FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %bdrpt.doc
AG EN DA R EQU EST FO R M
ITEM # 6 CITY COUNCIL MEETING: June 25, 2002
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 Secretar y 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).
AGE N DA R E QU E S T FO R M
ITEM # 7/A CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
Consider approval of minutes: June 11, 2002.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %minutes
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MINUTES OF JUNE 11, 2002
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, June 11, 2002, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Candy Sheehan, Mayor
Doug Stover, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Dave Herring, Councilmember
Councilmember York was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Sheehan called the meeting to order, determined that a quorum was
present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Goal Identification Process for Retreat.
B. Economic Development Strategy.
C. Feedback on West Parkway Speed Limit.
D. Discussion of Agenda Items.
Councilmember Tunnell arrived prior to the start of Work Session.
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REGULAR SESSION (Open to the Public)
3. Invocation.
Pastor Bob Turk of the First United Methodist Church of Coppell led those
present in the Invocation.
4. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
5. Consider approval of a proclamation naming Friday, June 14,
2002 as NATIONAL SMALL CITIES DAY, and authorizing the
Mayor to sign.
Action:
Councilmember Tunnell moved to approve a proclamation naming
Friday, June 14, 2002 as NATIONAL SMALL CITIES DAY, and
authorizing the Mayor to sign. Councilmember Peters seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Stover and
Councilmembers Brancheau, Peters, Raines, Tunnell and Herring voting
in favor of the motion.
6. Citizen's Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 28, 2002.
Land Use and Development
B. Consider approval of an Ordinance for Case No. PD-
186R4, Duke-Freeport, zoning change from PD-186R2
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(Planned Development-186R2) to PD-186R4 (Planned
Development-186R4) to attach a Detail Site Plan to allow
the construction of an approximate 160,000 square-foot
building (Building 4) and to reduce the required parking
on approximately 11.8 acres of property located along the
west side of Freeport Parkway, north of Bethel Road, and
authorizing the Mayor to sign.
C. Consider approval of an Ordinance for Case No. PD-195,
Callahan Medical/Office Addition, zoning change from C
(Commercial) to PD-195-O (Planned Development-195-
Office), to allow the construction of an approximately
19,400 square-foot medical/office building on 1.948 acres
of property located at 884 S. Denton Tap Road, north of
Belt Line Road, and authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. S-1198,
Assured Self-Storage, zoning change from LI (Light
Industrial) to LI-SUP-1198 (Light Industrial-Special Use
Permit-1198), to allow the construction of an
approximately 64,200 square-foot mini-warehouse facility
with on-premise residential use (caretakers quarters) on
4.83 acres of property located along the south side of Belt
Line Road, approximately 4,100 feet east of MacArthur
Boulevard, and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
carrying Ordinance No. 91500-A-323, C carrying Ordinance No. 91500-
A-324 and D carrying Ordinance No. 91500-A-325. Councilmember
Raines seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Stover and Councilmembers Brancheau, Peters, Raines, Tunnell and
Herring voting in favor of the motion.
8. Consider approval of the Creekview Addition Phase II, Lot 1R,
Block A, Salon on the Creek, Site Plan, to allow the
development of an approximate 4,960 square-foot office/retail
building on approximately 2.0 acres of property located at the
northeast corner of Denton Tap and Bethel Roads.
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Presentation:
Gary Sieb, Director of Planning and Community Development, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve the Creekview Addition Phase
II, Lot 1R, Block A, Salon on the Creek, Site Plan, to allow the
development of an approximate 4,960 square-foot office/retail building
on approximately 2.0 acres of property located at the northeast corner of
Denton Tap and Bethel Roads; subject to the following conditions:
1) No improvements (trees, structures, etc.) will be allowed in the 100-
year floodplain without an approved floodplain permit;
2) City Council waiver of the screening fence adjacent to the
floodplain, per Section 33.1.8 of the Zoning Ordinance;
3) The existing 22” Cedar Elm is classified as a specimen tree. If the
tree dies within two (2) years of the issuance of the Certificate of
Occupancy, the owner shall be responsible for tree reparation for the
appraised value of the tree as determined by the CLTA (Council of
Landscaping Tree Appraisers) Guidelines;
4) Schedule a meeting with the Creekview Addition Homeowners
Association to discuss allowing modifications to the median within
Bethel Road or provide an alternative driveway layout, without
disturbance to the median, to the satisfaction of the Fire Marshal
and City Engineer prior to the June 11th City Council meeting; and
5) Revise inconsistencies among plan sheets (including drainage and
grading plan) regarding the finished floor elevations.
Councilmember Raines seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell and Herring voting in favor of the motion.
9. PUBLIC HEARING:
Consider approval of the Creekview Addition Phase II, Lot 1R,
Block A, Replat, to allow the development of an approximate
4,960 square-foot office/retail building on approximately 2.0
acres of property located at the northeast corner of Denton
Tap and Bethel Roads.
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Presentation:
Gary Sieb, Director of Planning and Community Development, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and asked for those person
wishing to speak. John Spiars, Applicant, requested approval of the
proposed item. Lori Antolovic, 240 E. Bethel; Tim Pletta, 150 E. Bethel
and Richard Bell, 244 E. Bethel spoke against the proposal.
EXECUTIVE SESSION (Open to the Public)
Section 551.071, Texas Government Code, Consultation with City
Attorney.
Mayor Sheehan convened into Executive Session at 7:35 p.m. as allowed
under the above-stated article. Mayor Sheehan adjourned the Executive
Session at 7:46 p.m. and continued with Item 9 of the Regular Session.
REGULAR SESSION (Open to the Public)
Continuing with Item 9:
Ralph Broughton, 208 Salem, requested to ask a question of the City
Attorney and Mr. Pletta also had a question for the City Attorney.
Action:
Councilmember Peters moved to close the Public Hearing and approve
the Creekview Addition Phase II, Lot 1R, Block A, Replat, to allow the
development of an approximate 4,960 square-foot office/retail building
on approximately 2.0 acres of property located at the northeast corner of
Denton Tap and Bethel Roads; subject to the following conditions:
1) Add the creek erosion disclaimer quoted as follows to the plat:
"The City of Coppell will have no responsibility for maintenance for
the floodway or floodplain areas as shown. The maintenance for
these areas shall be the sole responsibility of the individual lot
owners adjacent to said areas. These areas to remain free of
improvements that may obstruct the flow of storm water and
protected from potential erosion by the owners. No fences will be
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allowed in the floodplain along with any other structures as per the
City's floodplain ordinance": and
2) City staff is to bring an ordinance concerning parking on both
sides of East Bethel Road from Denton Tap to the bridge at the
entry of Creekview subdivision.
Councilmember Tunnell seconded the motion; the motion carried 6-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Raines, Tunnell and Herring voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of the Shadydale Acres, Tracts 6A1 & 6A2,
Block B, Replat, to allow the subdivision of a 0.695 of an acre
tract of land into two single-family lots located at the
northwest corner of Shadydale Lane and Shady Oak Lane.
Presentation:
Gary Sieb, Director of Planning and Community Development, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and asked for those persons
wishing to speak. Steve Payne, Architect for the project, and Eric
Wewers, 135 Clovermeadow Lane, Applicant, asked for approval of the
proposal.
Action:
Councilmember Peters moved to close the Public Hearing and approve
the Shadydale Acres, Tracts 6A1 & 6A2, Block B, Replat, to allow the
subdivision of a 0.695 of an acre tract of land into two single-family lots
located at the northwest corner of Shadydale Lane and Shady Oak Lane;
subject to the following conditions:
1) a Tree Preservation and Retribution Plan shall be approved prior to
the issuance of a building permit for these lots;
2) City Council approval of an alley waiver; and
3) the existing home on this tract will be removed prior to filing this
plat for record with Dallas County.
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Councilmember Tunnell seconded the motion; the motion carried 6-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Raines, Tunnell and Herring voting in favor of the motion.
11. Consider approval of the Community Credit Union Addition,
Lot 1, Block 1, Minor Plat, to allow the development of an
approximate 6,000 square-foot financial institution on 1.675
acres of property located at the southwest corner of S.H. 121
and Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning and Community Development, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve the Community Credit Union
Addition, Lot 1, Block 1, Minor Plat, to allow the development of an
approximate 6,000 square-foot financial institution on 1.675 acres of
property located at the southwest corner of S.H. 121 and Denton Tap
Road; subject to the following condition:
1) Coordinate with City Staff to obtain the required permits from
TxDOT for the driveway and the deceleration lane.
Councilmember Tunnell seconded the motion; the motion carried 6-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Raines, Tunnell and Herring voting in favor of the motion.
12. Necessary action resulting from Work Session.
There was no action necessary under this item.
13. City Manager's Report.
A. Update Gas Rate Status.
B. Water Conservation Plan.
A. City Manager Jim Witt updated Council on the status of the Gas
Rate negotiations.
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B. City Manager Jim Witt advised Council that the City is not under
any kind of water rationing plan and currently Stage I (voluntary)
of the City's plan was in effect.
14. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Community-wide
9-1-1 Memorial Service.
A. Mayor Sheehan advised that the City had been approached by the
religious community who wants to have a 9-1-1 Memorial Service
in Coppell and asked for anyone who wished to volunteer to call
her or Deputy City Manager Clay Phillips.
15. 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.
_____________________________________
Candy Sheehan, Mayor
ATTEST:
_________________________________
Libby Ball, City Secretary
AGE N DA R E QU E S T FO R M
ITEM # 7/B CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
Consider acceptance of resignation of Ann Golding from the Coppell Education Development Cor poration.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %Annresignation
AGE N DA R E QU E S T FO R M
ITEM # 7/C CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION: Consider approval of an Agreement of Cooperation for CDBG/Home Program and
authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !CDBG
AGREEMENT OF COOPERATION
for CDBG/HOME Program
WHEREAS, the 93rd Session of the Congress passed, and the President of the United States
signed into law, the Housing and Community Development Act of 1974 (PL93-383) which created the
Urban County Community Development Block Grant (CDBG) program; and
WHEREAS, Dallas County, Texas, is applying to the U.S. Department of Housing and Urban
Development for Urban County CDBG entitlement status; and
WHEREAS, in order to qualify for this status, Dallas County must enter into cooperative
agreements with local governments and have the collective population of the County’s unincorporated
area and the participating local governments total at least 100,000 people; and
WHEREAS, Texas cities and counties are authorized under Chapter 373, Local Government
Code, and Section 381.003, Local Government Code, to conduct essential Housing and Community
Development activities; and
WHEREAS, Texas cities and counties are authorized under Chapter 771, Government Code,
to enter into cooperative agreements with one another.
NOW, THEREFORE, BE IT RESOLVED THAT:
The City of Coppell supports the efforts of Dallas County, Texas to qualify for the Urban County
CDBG program and asks that its population be included in such a program beginning with Federal
Fiscal Years 2003, 2004 and 2005.
This agreement covers both the CDBG entitlement program and when applicable, the HOME
Investment Partnership program.
This agreement remains in effect until the CDBG (and HOME, where applicable) funds and program
income received with respect to the three-year qualification period are expended and the funded
activities completed, and that the County and City may not terminate or withdraw from the agreement
while the agreement remains in effect.
The City of Coppell understands that by executing the CDBG cooperation agreement it:
1. May not apply for grants under the Small Cities or State CDBG Program from
appropriations for fiscal years during the period in which it is participating
in the Urban County CDBG program; and
2. May receive a formula allocation under the HOME program only through the urban
county. May not participate in a HOME consortium except through the Urban County,
regardless, of whether the Urban County received a HOME formula allocation.
Dallas County and the City of Coppell agree to cooperate to undertake, or assist in undertaking,
community renewal and lower income housing assistance activities, specifically urban renewal and
publicly assisted housing.
Dallas County and the City of Coppell shall take actions necessary to assure compliance with the
Urban County’s certification required by Section 104(b) of the Title I of the Housing and Community
Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Section 109
Title I of the Housing and Community Development Act of 1974, and Title VIII of the Civil Rights
Act of 1968;
Dallas County and the City of Coppell understands that Urban County funding will not be provided
for activities in or in support of a cooperating local government that does not affirmatively further fair
housing within its own jurisdiction or that impedes the County’s actions to comply with its fair housing
certifications;
The City of Coppell understands, that in accordance with 24 CFR 570-501(b) and 570.503, (which
requires a written agreement), it shall be subject to the same administrative requirements as a
sub-recipient should it receive funding under this program;
The City of Coppell agrees to inform Dallas County of any income generated by the expenditure of
CDBG/HOME funds received, and that any such program income must be paid to the county to be
used for eligible activities in accordance with all HOME Community Development Block Grant
requirements;
Dallas County is responsible for monitoring and reporting to the U.S. Department of Housing and
Urban Development on the use of any such program income, and that in the event of close-out or
change in status of the City of Coppell , any program income that is on hand or received subsequent to
the closeout or change in status shall be paid to the County;
The City of Coppell agrees to notify Dallas County of any modification or change in the use of the
real property from that planned at the time of acquisition or improvement, including disposition, and
further agrees to reimburse the county in an amount equal to the current fair market value (less any
portion thereof attributable to expenditure of non-CDBG/HOME funds) for property acquired or
improved with CDBG/HOME funds that is sold or transferred for a use which does not qualify under
the CDBG/HOME regulations;
Any money generated from the disposition or transfer of property will be treated as program income
and returned to the County prior to, or subsequent to, the close-out, change of status, or termination of
this cooperative agreement between Dallas County and the City of Coppell.
The City of Coppell has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individual engaged in
non-violent civil rights demonstrations;
2
2. A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject of
such non-violent civil rights demonstrations within jurisdictions.
The City of Coppell understands that Dallas County will have final responsibility for administering the
CDBG/HOME program, selecting CDBG/HOME projects and filing annual grant requests; and
The Mayor of Coppell, Texas is authorized to sign any additional forms, on behalf of the
City of Coppell, that the U.S. Department of Housing and Urban Development may require.
APPROVED AND ACCEPTED THIS THE _______day of ___________________2002.
__________________________________ _____________________________________
Candy Sheehan, Mayor Lee F. Jackson, County Judge
City of Coppell, Texas Dallas County, Texas
__________________________________ ____________________________
Date Date
__________________________________ ___________________________________
Jim Witt, City Manager Paula Stephens, Commissioners Court Clerk
Approved as to Form:
___________________________________
Janet Ferguson, Assistant District Attorney
3
AGE N DA R E QU E S T FO R M
ITEM # 7/D CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION: Consider approval of a grant from the Coppell Education Development Cor poration and
the City of Coppell to Carrollton/Farmers Branch Inde pendent School District for a half-time technology
support specialist at Riverchase Elementary School using funds collected from the 379A sales tax.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !CFBISD
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1 47256
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Carrollton/Farmers Branch Independent School District (the “CFBISD”), acting by and
through their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CFBISD has submitted a grant application No. 2002-T01 to provide
funding for a half-time Technology Support Specialist at Riverchase Elementary School in
Coppell (the PROJECT), for the purpose of instructional technology support; and
WHEREAS, the CFBISD serves 363 students from the City of Coppell, and has
developed the PROJECT in order to raise the technology levels of all the students; and
WHEREAS, CFBISD is in need of funding the half-time Technology Support Specialist
and seeks the assistance of the Coppell Education Development Corporation for such assistance;
and
WHEREAS, the CITY has determined that making an education development grant to
the CFBISD in accordance with this Agreement will further the objectives of the CITY, will
benefit the CITY and the City’s inhabitants and will promote career technology in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CFBISD an education development grant (the “GRANT”) in an amount not to
exceed Thirty Thousand Dollars and no cents ($30,000.00).
2.CFBISD agrees to utilize the GRANT to fund a half-time instructional technology
support person at Riverchase Elementary School in Coppell.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2 47256
3.CITY agrees to provide the GRANT of Thirty Thousand Dollars and no cents
($30,000.00) funds payable on a quarterly basis with the first payment to be made on or before
August 1, 2002. Funds to be expended in accordance with the budget categories set forth in the
GRANT application.
4. On a quarterly basis beginning no later than November 15, 2002 the CFBISD shall
submit the contracts supporting personnel expenditures for this GRANT to the CEDC. The
detailed expenditures shall include, but not be limited to, salaries, number of students from
Coppell served, grade levels actually served, copies of contracts, and any changes in personnel
during the period covered by this GRANT.
5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice
and cure period described herein, shall be in default of this AGREEMENT. As liquidated
damages in the event of such default, the CFBISD shall, within thirty (30) days after demand,
repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from
the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in
the event of default would be speculative and difficult to determine. Upon breach by CFBISD
of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing,
who shall have thirty (30) days from receipt of the notice in which to cure such default. If
CFBISD fails to cure the default within the time provided herein, or, as such time period may be
extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT
without further notice to the CFBISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT
and in satisfying the conditions of this AGREEMENT, is acting independently, and that the
CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection
with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC
from all such claims, suits, and causes of action, liabilities and expenses, including reasonable
attorney’s fees, of any nature whatsoever arising out of the CFBISD’S performance of the
conditions under this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3 47256
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2002.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
LIBBY BALL, CITY SECRETARY
EXECUTED this _______ day of _____________________, 2002.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
JERRY COKER, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4 47256
SIGNED this ______ day of ________________, 2002.
CARROLLTON-FARMERS BRANCH INDEPENDENT
SCHOOL DISTRICT
By: ______________________________________
DR. ANNETTE GRIFFIN, SUPERINTENDENT
Carrollton-Farmers Branch Independent School District
1445 North Perry Road
Carrollton, Texas 75006
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2002, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5 47256
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by Jerry Coker, President of Coppell Education Development Corporation, on behalf of
said corporation.
Notary Public, State of Texas
My Commission expires:
CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by Dr. Annette Griffin, Superintendent of Carrollton/Farmers Branch Independent School
District, on behalf of said district.
Notary Public, State of Texas
My Commission expires:
AGE N DA R E QU E S T FO R M
ITEM # 7/E CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION: Consider approval of a grant from the Coppell Education Development Cor poration and
the City of Coppell to Lewisville Independent School District for library books for Southridge Elementary
School using funds collected from the 379A sales tax.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !LISD
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1 47256
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Lewisville Independent School District (the “LISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the LISD has submitted a grant application No. 2002-B01 to provide
funding for library books to be added to library inventory at Southridge Elementary School (the
PROJECT), for the purpose of use by individual students for activities such as research projects,
book reports and pleasure reading; and
WHEREAS, the LISD has developed the PROJECT in order to raise the literacy levels
of all the students, including economically disadvantaged; and
WHEREAS, LISD is in need of funding the library books and seeks the assistance of the
Coppell Education Development Corporation for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the LISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the City’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the LISD an education development grant (the “GRANT”) in an amount not to exceed
Four Thousand Two Hundred Dollars and no cents ($4,200.00).
2.LISD agrees to utilize the GRANT to fund approximately 420 books for Southridge
Elementary library within the LISD, which serves a total of 25 Coppell students.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2 47256
3.CITY agrees to provide the GRANT of Four Thousand Two Hundred Dollars and no
cents ($4,200.00) funds payable on an annual basis no earlier than March 1, 2003. Funds to be
expended in accordance with the budget categories set forth in the GRANT application.
4. On a quarterly basis beginning no later than November 15, 2003 the LISD shall submit
the receipts for book purchases for this GRANT to the CEDC. The detailed expenditures shall
include, but not be limited to, copies of invoices.
5. In the event the LISD breaches any of the terms of this AGREEMENT or fails to use the
GRANT for the purposes set forth herein, then the LISD, after expiration of the notice and cure
period described herein, shall be in default of this AGREEMENT. As liquidated damages in the
event of such default, the LISD shall, within thirty (30) days after demand, repay to the CITY,
the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of
the GRANT until paid. The parties acknowledge that actual damages in the event of default
would be speculative and difficult to determine. Upon breach by LISD of any obligations under
this AGREEMENT, the CITY shall notify the LISD in writing, who shall have thirty (30) days
from receipt of the notice in which to cure such default. If LISD fails to cure the default within
the time provided herein, or, as such time period may be extended, then the CITY at its sole
option, shall have the right to terminate this AGREEMENT without further notice to the LISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that LISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. LISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the LISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3 47256
EXECUTED this _______ day of _____________________, 2002.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
LIBBY BALL, CITY SECRETARY
EXECUTED this _______ day of _____________________, 2002.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
JERRY COKER, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4 47256
SIGNED this ______ day of ________________, 2002.
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JERRY ROY, SUPERINTENDENT
Lewisville Independent School District
1800 Timbercreek Road
Lewisville, Texas 75067
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2002, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5 47256
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by Jerry Coker, President of Coppell Education Development Corporation, on behalf of
said corporation.
Notary Public, State of Texas
My Commission expires:
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by Dr. Jerry Roy, Superintendent of Lewisville Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
ITEM # 7/F CITY COUNCIL MEETING: June 25, 2002
AGE N DA R E QU E S T FO R M
ITEM CAPTION:
Consider approval of an ordinance amending the cable franchise ordinance to change the ownership from
AT&T Broadband, LLC., to AT&T Comcast Corporation, and authorizing the Mayor to sign.
SUBMITTED BY: Rick Moore
TITLE: Director of Information Systems
STAFF COMMENTS:
The Federal Communications Commission requires all changes of control for Cable Television Systems be
approved by the Local Franchising Authority. The Telecommunications Board has reviewed the
Applicant’s FCC Form 394 Filing with the Independent Consultant and recommends the approval of this
ordinance.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: {1AT&T1-AgendaRequest
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE APPROVING WITH CONDITIONS THE CHANGE OF
CONTROL FROM AT&T BROADBAND, LLC, TO AT&T COMCAST
CORPORATION AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, TCI CABLEVISION OF DALLAS, INC. (hereinafter referred to as
“Franchisee”) is currently a franchisee for cable services in the City of Coppell; and
WHEREAS, Franchisee is an indirect subsidiary of AT&T Corp. (“AT&T”), and AT&T
has proposed a change of control of Franchisee from AT&T to AT&T Comcast Corporation
(“AT&T Comcast”); and
WHEREAS, the City of Coppell received notice of a FCC Form 394 filing and proposed
change of control of the franchise from TCI Cablevision of Texas, a subsidiary of AT&T
Broadband, LLC (hereinafter “AT&T”), to AT&T Comcast Corporation (hereinafter “AT&T
Comcast”) ; and
WHEREAS, the City has retained the services of C2 Consulting Services to review the
FCC Form 394, with respect to the legal, financial, and technical capacity of AT&T Comcast to
control Franchisee, and Franchisee’s related ability to continue to adhere to the requirements and
conditions of the Franchise; and
WHEREAS, the City is willing to consent to the proposed change of control as detailed
in the FCC Form 394, pursuant to the conditions set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. AT&T Comcast agrees to abide by the terms of the Franchise Ordinance
93615 and its amendments, and all other ordinances of the City of Coppell.
SECTION 2.AT&T Comcast agrees to provide service pursuant to the requirements
of the Franchise and its amendments after the Closing.
SECTION 3.Although AT&T provided almost all of the answers, the City of Coppell
disagrees with AT&T’s position that certain requests for information are outside the appropriate
scope of review for the change of control.
SECTION 4.Any actions which have the effect of circumventing payment of any
lawfully required ordinance fees and/or evasion of payment of the ordinance fees by non-
collection or non-reporting of gross receipts, bartering, or any other means which evade the
actual collection of revenues for businesses authorized by Franchisee are prohibited. Pursuant to
the Texas Constitution, the City is prohibited from granting anything of value without
compensation. The City has the right to audit all records relating to the calculation of the
franchise fee.
-2-
SECTION 5.AT&T Comcast reaffirms its commitment to install and provide basic
and expanded basic cable service or the most popular service to all City-owned or occupied
buildings, public libraries, and schools.
SECTION 6.By granting this change of control, the City does not waive and
specifically retains any right to regulate and receive compensation as allowed by law for all
Cable Services offered over the Cable System. Franchisee shall inform the City of any uses of
the Cable System by persons who are not Cable Operators.
SECTION 7.That the terms and provisions of this ordinance shall be deemed to be
severable, and that if the validity of any section, subsection, sentence, clause, or phrase of this
ordinance should be declared to be invalid, the same shall not affect the validity of any other
section, subsection, sentence, clause or phrase of this ordinance.
DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of
_____________, 2002.
APPROVED:
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
-3-
AGREEMENT TO CHANGE OF CONTROL ORDINANCE
_______________________________, an authorized agent for AT&T Comcast
Corporation files this Agreement to Change of Control Ordinance agreeing to the terms of
Ordinance No. _____.
________________________________________
Signed
________________________________________
Dated
________________________________________
Authorization
-4-
AGREEMENT TO CHANGE OF CONTROL ORDINANCE
_______________________________, an authorized agent for AT&T Comcast
Corporation files this Agreement to Change of Control Ordinance agreeing to the terms of
Ordinance No. _____.
________________________________________
Signed
________________________________________
Dated
________________________________________
Authorization
ITEM # 7/G CITY COUNCIL MEETING: June 25, 2002
AGE N DA R E QU E S T FO R M
ITEM CAPTION:
Consider approval of an ordinance setting the maximum permitted basic tier rates charged by AT&T
Broadband, and authorizing the Mayor to sign.
SUBMITTED BY: Rick Moore
TITLE: Director of Information Systems
STAFF COMMENTS:
The City of Coppell is authorized by the Federal Communications Commission to regulate basic cable rates
for all entities that have a franchise agreement with the City. The Telecommunications Board has reviewed
the reports, discussed the findings with the auditor and recommends the approval of this ordinance.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: {2Basic1.AgendaRequest
43168
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING FINDINGS AND THE MAXIMUM PERMITTED
BASIC SERVICE TIER RATES CHARGED BY AT&T
BROADBAND CABLE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas franchises cable television service for the
benefit of its citizens with TCI Cablevision of Texas, a subsidiary of AT&T BroadBand
(“AT&T”); and
WHEREAS, the City is the Grantor of a franchise ordinance by and between the
City of Coppell and TCI Cablevision of Texas (“TCI”); and
WHEREAS, in accordance with applicable provisions of the
Telecommunications Act of 1996 (the “Act”) and rules adopted by the Federal
Communications Commission (“FCC”) and all other applicable federal and state laws
and regulations, the City has undertaken all appropriate procedural steps to regulate the
equipment and installation rates; and
WHEREAS, in accordance with applicable FCC regulations the City adopted an
ordinance providing for the regulation of rates charged by cable television operators
within the City for the basic tier of cable television service and providing for a reasonable
opportunity for interested parties to express their views concerning basic cable
regulations; and
WHEREAS, on or about April 22, 2002 the City reviewed what is commonly
known as FCC Form 1240; and
WHEREAS, the City has caused to be audited and has concluded that said
proposed maximum basic service tier rate in Form 1240 is inappropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That after review the following are ordained findings of this City
Council:
A. That on or about March 1, 2002, the City of Coppell received AT&T’s
FCC form 1240 filing.
43168
B. That the City reviewed AT&T’s FCC Form 1240 to determine the
reasonableness of the proposed basic service tier rate.
C. That the findings of the C2 Consulting audit, which is attached hereto and
incorporated herein by reference as Exhibit “A”, are hereby established as
findings.
D. That based upon the information received from AT&T, the City concludes
that the rate proposed by AT&T for maximum permitted service is
inappropriate.
SECTION 2.That the City has an obligation to timely act upon the pending rate
application consistent with current FCC rules and regulations and that AT&T’s submittal
of the FCC form 1240 received on or about March 1, 2002, is hereby accepted.
SECTION 3. That the City hereby further ordains:
A. That based on the information received from AT&T and recommendations
from C2 Consulting Services, Inc., which is attached hereto and
incorporated herein by reference as Exhibit “A”, the maximum permitted
rate for the basic service tier be established at $11.11 effective July 1,
2002.
B. That based on the information received from AT&T and recommendations
from C2 Consulting Services, Inc., which is attached hereto and
incorporated herein by reference as Exhibit “A”, the operator selected rate
for the basic service tier be established at $10.82 effective July 1, 2002.
SECTION 4. All provisions of the ordinances of the City of Coppell in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Coppell not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 5. 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
43168
thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall
not effect the validity of the Code of Ordinances of the City of Coppell, Texas.
SECTION 6.That this ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day
of _____________, 2002.
APPROVED:
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 06/19/02)
AGE N DA R E QU E S T FO R M
ITEM # 7/H CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
Consider approval of an ordinance setting the maximum permitted monthly equipment rental rate charged by
AT&T Broadband, and authorizing the Mayor to sign.
SUBMITTED BY: Rick Moore
TITLE: Director of Information Systems
STAFF COMMENTS:
The City of Coppell is authorized by the Federal Communications Commission to regulate service and
equipment rates for all entities that have a franchise agreement with the City. The Telecommunications
Board has reviewed the reports, discussed the findings with the auditor and recommends the approval of this
ordinance.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: {3Equip1.AgendaRequest
431671
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING FINDINGS AND THE MAXIMUM PERMITTED
MONTHLY EQUIPMENT RENTAL RATE CHARGED BY AT&T
BROADBAND; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas franchises cable television service for the benefit
of its citizens with TCI Cablevision of Texas, a subsidiary of AT&T BroadBand (“AT&T”); and
WHEREAS, the City is the Grantor of a franchise ordinance by and between the City of
Coppell and TCI Cable Partners (“TCI”); and
WHEREAS, in accordance with applicable provisions of the Telecommunications Act of
1996 (the “Act”) and rules adopted by the Federal Communications Commission (“FCC”) and
all other applicable federal and state laws and regulations, the City has undertaken all appropriate
procedural steps to regulate the equipment and installation rates; and
WHEREAS, in accordance with applicable FCC regulations the City adopted an
ordinance providing for the regulation of rates charged by cable television operators within the
City for the equipment and installation rates are related equipment and installation charges and
providing for a reasonable opportunity for interested parties to express their views concerning
basic cable regulations; and
WHEREAS, on or about April 24, 2002 the City reviewed what is commonly known as
FCC Form 1205; and
WHEREAS, the City has caused to be audited and has concluded that said proposed rates
for maximum permitted monthly lease rates in Form 1205 are appropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.That after review the following are ordained findings of this City Council:
A. That on or about March 1, 2002, the City of Coppell received AT&T’s FCC form
1205 filing.
B. That the City reviewed AT&T’s FCC Form 1205 to determine the reasonableness
of the proposed monthly equipment lease and installation rates.
431672
C. That the findings of the C2 Consulting audit, which is attached hereto and
incorporated herein by reference as Exhibit “A”, are hereby established as
findings.
SECTION 2.That the City has an obligation to timely act upon the pending rate
application consistent with current FCC rules and regulations.
SECTION 3.That the City hereby further ordains that based on the information
received from AT&T and recommendations from C2 Consulting Services, Inc., which is attached
hereto and incorporated herein by reference as Exhibit “A”;
A. The operator selected rates proposed by AT&T BroadBand for equipment rental
is hereby approved.
B. The operator selected rates for installation and Customer Trouble Call rate be
approved with the three following conditions:
1. Subscribers must not be billed for trouble calls due to problems not resulting
from subscriber action.
2. AT&T customer service representatives must inform subscribers of the
potential charge and the types of issues that could give rise to the charge before a
technician is dispatched.
3. In circumstances where the problems are not completely corrected during the
first visit, the subscriber will not be charged again for a repeat call to correct the
initial problem.
SECTION 4.All provisions of the ordinances of the City of Coppell in conflict with the
provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the
ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 5.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
431673
part so decided to be invalid, illegal or unconstitutional, and shall not effect the validity of the
Code of Ordinances of the City of Coppell, Texas.
SECTION 6.That this ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of
_____________, 2002.
APPROVED:
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
AGE N DA R E QU E S T FO R M
ITEM # 7/I CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
Consider approval of an ordinance re pealing ordinance NO. 96751 and repealing the code of ordinances by
amending Chapter 9, Section 9-11-7 and replacing the same with new updated provisions for scheduling city
facilities related to the designation athletic game fields and authorizing the Parks and Recreation Board to
establish such designations as necessar y; providing a repealing clause; providing a severability clause; and
providing an effective date.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Ser vices
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: ^parkord
1 48485
ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
REPEALING ORDINANCE NO. 96751 AND REPEALING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 9, SECTION 9-11-7 AND
REPLACING THE SAME WITH NEW UPDATED PROVISIONS FOR
SCHEDULING CITY FACILITIES; PROVIDING A REPEALING
CLAUSE; 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.
WHEREAS,on or about the 12th day of March, 1996, the City Council adopted Ordinance
No. 96751 which provided for designation on game fields; and
WHEREAS, the City Council now desires to repeal Ordinance No 96751 and Section 9-
11-7 of the Code of Ordinances and provide new updated provisions for the scheduling of all City
facilities;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That Ordinance No. 96751 of the City of Coppell, adopted on or about
March 12, 1996 be, and the same is, hereby repealed in its entirety.
SECTION 2.That the Code of Ordinance of the City of Coppell, Texas, Section 9-11-7 be,
and the same is hereby repealed in its entirety and replaced with new provisions for the scheduling
of City facilities which shall read as follows:
"Sec. 9-11-7. Facility Scheduling.
A. Park Facilities. A facility subject to rental within the City in this subsection
shall include all physical structures, other than an athletic game field, such as the Aquatic
and Recreation Center, pavilions, and/or concession facilities.
1. Requests for Facilities. Requests for reservations for any of the facilities in any
of the parks must be made through the parks and recreation department. Such
reservations must be requested in writing no later than three (3) working days
prior to the date for which the reservation is requested. Such written requests
must state the facility for which the reservations is requested, the time or times
and date or dates for which the reservation is requested, the person or persons
2 48485
who intend to utilize such facilities, and the person or persons requesting such
reservations. The director or a duly authorized representative of the director
should make every effort to act upon the request within two (2) working days of
receipt of such request.
2. The director has the right to refuse or deny any request for reservation for
reasonable cause. The director further has the right and obligation to cancel or
suspend any such reservation previously issued if, in the opinion of the director,
such cancellation or suspension is in the best interests of the citizens of Coppell
and/or is necessary for the maintenance and control of facilities under the
responsibility of the parks and recreation department.
3. At the conclusion of the reservation of any facility, the facility must be left in a
clean and orderly condition. All applicants agree, as a condition of receiving
such reservation, to pay the cost of repairing any damage to park property
incurred by the group using the facility as determined by the parks and recreation
department.
4. Reservations: All facilities that are not reserved are available for use by the
general public on a first come, first served basis. A listing of reserved facilities,
including the time of reservation and the party holding such reservation, will be
maintained by the secretary of the parks and recreation department and will be
available for inspection during regular working hours.
All park picnic pavilions can be reserved only by Coppell residents.
Reservations will be granted for a pavilion between the hours of 8:00 a.m. and
sunset. Thirty minutes will be allowed between reservations. Reservations will
only be accepted for a reasonable increment of time.
5. Fees. No fee shall be charged for reservation of park facilities or for the use of
such facilities unless specifically authorized by the City Council of the City of
Coppell.
B. Athletic Facilities.
1. Reservations for games or practices can only be made by a team or group
consisting of 80 percent Coppell residents. The person making the reservation
may be required to produce a list of members, including their residency, for
determination of eligibility. Reservations for a playing facility will be granted
for a reasonable period of time between the hours of 8:00 a.m. and sunset for
unlighted facilities and between 8:00 a.m. and 11:00 p.m. for lighted facilities.
2. The Director of Leisure Services or his authorized designee has the authority to
cancel or suspend use of any athletic facility if, in the opinion of the
superintendent, such cancellation or suspension is in the best interest of the
citizens and/or is necessary for the maintenance and control of the facilities.
3 48485
3. The Director of Leisure Services, with the advice and consent of the Parks and
Recreation Board, is authorized to designate the appropriate game field and to
post a sign on the same as designated game fields. Such signs shall state:
"Game Field – No unauthorized use pursuant to Section 9-11-7 of the Code of
Ordinances of the City of Coppell."
4. It shall be unlawful for any person to conduct, sponsor or participate in any
unauthorized game, tournament, practice or athletic event on any designated
game field except upon having executed an appropriate agreement with the City
of Coppell.
5. The Director of Leisure Services is authorized to post a sign on any field, facility
or portion thereof as closed for use for the purpose of maintenance, to protect the
surface of the playing field, or to repair such field or facility. Such sign shall
state:
"Field or Facility Closed for Use."
6. It shall be unlawful for any person to go upon any field or facility which has
been designated as closed except for the purpose of performing authorized
maintenance."
SECTION 2.That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 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.
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.
4 48485
SECTION 5.That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and
each and every day such violation is continued shall be deemed to constitute a separate offense.
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 provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 06/19/02)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
REPEALING ORDINANCE NO. 96751 AND REPEALING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 9, SECTION 9-11-7 AND
REPLACING THE SAME WITH NEW UPDATED PROVISIONS FOR
SCHEDULING CITY FACILITIES; PROVIDING A REPEALING
CLAUSE; 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.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
___________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
AGE N DA R E QU E S T FO R M
ITEM # 7/J CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-186R3, Duke-Freeport, zoning change from PD-186R2
(Planned Development-186R2) to PD-186R3 (Planned Development-186R3) to consider a revised Concept
Plan for Building 3 to reduce the required parking on approximately 13.8 acres of property located along the
west side of Freeport Parkway, north of Bethel Road, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On April 18, 2002, the Planning Commission unanimously approved this zoning change request (6-0).
On May 14, 2002, Council unanimously approved this request (6-0).
Staff recommends approval.
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form – Revised 5/00
@PD186R3 Duke-Freeport Ord.1-Agenda Request
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-186R2” (PLANNED
DEVELOPMENT-186 REVISED 2) TO PD-186R3 (PLANNED
DEVELOPMENT - 186 REVISED 3) TO ALLOW FOR A REVISED
CONCEPT SITE PLAN TO REDUCE THE PARKING FOR BUILDING 3
ON APPROXIMATELY 13.8 ACRES LOCATED ALONG THE WEST SIDE
OF FREEPORT PARKWAY, NORTH OF BETHEL ROAD, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS;
PROVIDING FOR THE APPROVAL OF A CONCEPTUAL SITE PLAN
AND LANDSCAPE TABULATIONS PLAN, 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-186R3
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-186R2” (Planned
Development 186 Revised 2) to PD-186R3 (Planned Development - 186 Revised 3) to allow for a
revised Concept Site Plan to reduce the parking for Building 3 for the property described in Exhibit
“A” attached hereto and made a part hereof for all purposes.
2
SECTION 2.That the property shall be developed and used only in accordance with the
following development conditions set forth:
A. That the property shall be developed in accordance with the Concept Site Plan and
Landscape Tabulations Plan, attached hereto as Exhibits “B” and “C”, respectively.
SECTION 3.That the Concept Site Plan and Landscape Tabulations Plan, attached hereto
as Exhibits “B” and “C”, respectively, and made a part hereof for all purposes, 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.
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
3
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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 6/14/02)
NORTHERN REMAINDER OF LOT 2, BLOCK A
DUKE-FREEPORT ADDITION
DESCRIPTION, of a 13.793 acre tract of land situated in the John Vest Survey, Abstract No. 1508, Dallas
County, Texas; said tract being a portion of Lot 2, Block A, Duke-Freeport Addition, an addition to the City
of Coppell, Texas according to the plat recorded in Volume 2001065, Page 37 of the Deed Records of
Dallas County, Texas; said 13.793 acre tract being more particularly described as follows;
COMMENCING, at a 1/2-inch iron rod with "Pacheco Koch" cap set; said point being the intersection of
the north right-of-way line of Bethel Road (a variable width right-of-way, 90 feet wide at this point) and the
west right-of-way line of Freeport Parkway (a variable width wide right-of-way, 134 feet wide at this point);
said point being the most southerly southeast corner of said Lot 2;
THENCE, northerly and northwesterly, departing the said north line of Bethel Road and along the west
line of said Freeport Parkway the following six calls;
North 00 degrees, 30 minutes, 15 seconds East, a distance of 113.33 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set at the beginning of a curve to the right whose center bears South 89
degrees, 29 minutes, 45 seconds East, a distance of 260.00 feet from said point;
In a northerly direction, along said tangent curve to the right, through a central angle of 12
degrees, 34 minutes, 41 seconds, an arc distance of 57.08 feet, on a chord bearing and distance
of North 06 degrees, 47 minutes, 35 seconds East, 56.96 feet to a 1/2-inch iron rod with
"Pacheco Koch" cap set at a point of reverse curvature to the left whose center bears North 76
degrees, 55 minutes, 04 seconds West, a distance of 240.00 feet from said point;
In a northerly direction, along said reverse curve to the left, through a central angle of 12 degrees,
34 minutes, 41 seconds, an arc distance of 52.69 feet, on a chord bearing and distance of North
06 degrees, 47 minutes, 35 seconds East, 52.58 feet to a 1/2-inch iron rod with "Pacheco Koch"
cap set at the end of said curve;
North 00 degrees, 30 minutes, 15 seconds East, a distance of 80.15 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set at the beginning of a curve to the left whose center bears North 89
degrees, 29 minutes, 45 seconds West, a distance of 1301.12 feet from said point;
In a northwesterly direction, along said tangent curve to the left, through a central angle of 60
degrees, 03 minutes, 53 seconds, an arc distance of 1364.00 feet, on a chord bearing and
distance of North 29 degrees, 31 minutes, 42 seconds West, 1302.39 feet to a 1/2-inch iron rod
with "Pacheco Koch" cap set at a point of reverse curvature to the right whose center bears North
30 degrees, 26 minutes, 21 seconds East, a distance of 1411.12 feet from said point;
In a northwesterly direction, along said reverse curve to the right, through a central angle of 0
degrees, 48 minutes, 38 seconds , an arc distance of 19.97 feet, on a chord bearing and distance
of North 59 degrees, 09 minutes, 20 seconds West, 19.97 feet to a 1/2-inch iron rod with
"Pacheco Koch" cap set at the POINT OF BEGINNING; said point being the northern most corner
of Proposed Lot 5, Block A of the Duke-Freeport Addition, a proposed addition to the City of
Coppell, Texas;
THENCE, South 31 degrees, 15 minutes, 00 seconds West, departing said west line of Freeport Parkway
and along a northwest line of said Lot 5, a distance of 122.16 feet to a 1/2-inch iron rod with "Pacheco
Koch" cap set for corner;
THENCE, South 66 degrees, 51 minutes, 54 seconds West, continuing along a northwest line of said Lot
5, a distance of 50.23 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner;
THENCE, North 89 degrees, 29 minutes, 45 seconds West, along a north line of said Lot 5, a distance of
110.40 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set at the northwest corner of said Lot 5;
THENCE, South 00 degrees, 30 minutes, 15 seconds West, along a west line of said Lot 5, a distance of
791.73 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner; said point being the most
westerly southwest corner of said Lot 5 and being in the north line of a Drainage Easement as described
in instrument recorded in Volume 2001026, Page 3904 of the Deed Records of Dallas County, Texas;
THENCE, North 89 degrees, 29 minutes, 45 seconds West, along said north line of the Drainage
Easement, a distance of 419.41 feet to a point for corner in the west line of said Duke-Freeport Addition;
said point being in the east line of a tract of land described in deed to CP Coppell Industrial Ltd. recorded
in Volume 2000093, Page 4346 of the Deed Records of Dallas County, Texas;
THENCE, North 00 degrees, 32 minutes, 27 seconds East, along the said east line of the CP Coppell
Industrial tract, a distance of 1748.13 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set in the said
west line of Freeport Parkway; said point being on a curve to the left whose center bears North 74
degrees, 49 minutes, 04 seconds East a distance of 1411.12 feet from said point;
THENCE, in a southeasterly direction along said west line of Freeport Parkway and said curve to the left,
through a central angle of 43 degrees, 34 minutes, 05 seconds, an arc distance of 1073.02 feet, on a
chord bearing and distance of South 36 degrees, 57 minutes, 58 seconds East, 1047.36 feet to the
POINT OF BEGINNING;
CONTAINING, 600,828 square feet or 13.793 acres of land, more or less.
2052-248
AGE N DA R E QU E S T FO R M
ITEM # 7/K CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-196, Valley Ranch Baptist Church, zoning change from
LI (Light Industrial) to PD-196-LI (Planned Development-196-Light Industrial) to allow an approximate
43,000 square-foot building addition and the expansion of the parking lot to include 392 additional spaces on
approximately 7.5 acres of property located at 1501 Belt Line Road, east of MacArthur Blvd., and
authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On April 18, 2002, the Planning Commission unanimously approved this zoning change (6-0).
On May 14, 2002, Council unanimously approved this request (6-0).
Staff recommends approval.
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form – Revised 5/00
@ PD196 VR Baptist Church Ord.1-Agenda Request
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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 “LI” (LIGHT INDUSTRIAL)
TO “PD-196-LI” (PLANNED DEVELOPMENT-196, LIGHT INDUSTRIAL)
TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATE 43,000
SQUARE FOOT BUILDING ADDITION AND THE EXPANSION OF THE
PARKING LOT TO INCLUDE AN ADDITIONAL 392 SPACES ON
APPROXIMATELY 7.5 ACRES LOCATED AT 1501 BELT LINE ROAD,
EAST OF MACARTHUR BOULEVARD AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR
THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, AND
ELEVATIONS , ATTACHED HERETO AS EXHIBITS “B”, “C”, “D-1”, “D-
2”, “D-3” AND “D-4”, 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-196
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 “LI” (Light Industrial) To “PD-
196-LI” (Planned Development-196, Light Industrial) to allow for the construction of an
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approximate 43,000 square foot building addition and the expansion of the parking lot to include
392 additional spaces on approximately 7.5 acres of property located at 1501 Belt Line Road, east
of MacArthur Boulevard and being more particularly 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 conditions as set forth hereinbelow; and, in accordance with the Site Plan,
Landscape Plan, , and Elevations , attached hereto as exhibits “B”, “C”, “D-1”, “D-2”, “D-3” and
“D-4”, respectively:
SECTION 3.That the following property shall be developed and used only in accordance
with the following development conditions:
A. That the property shall be developed in accordance with the Site Plan, Landscape
Plan and Elevations attached hereto as Exhibits “B” ,“C” ,“D-1”, “D-2”, “D-3” and
“D-4”, respectively.
.
SECTION 4.That the Site Plan, Landscape Plan, and Elevations, attached hereto as
Exhibits “B”, “C”, “D-1”, “D-2”, “D-3” and “D-4”., respectively, and made a part hereof for all
purposes, are hereby, approved.
SECTION 5. 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 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.
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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.
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
___________________, 2002.
APPROVED:
_____________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
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APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 6/17/02)
EXHIBIT “A”
WHEREAS, VALLEY RANCH BAPTIST CHURCH is the owner of a tract of land
situated in the SINGLETON THOMPSON SURVEY, ABSTRACT NO. 1493, Dallas
County, Texas and being all of VALLEY RANCH BAPTIST CHURCH ADDITION, an
addition to the City of Coppell according to the plot as recorded in Volume 94165, Page
2515 of the Deed Records of Dallas County, Texas (DROCT) and being more particularly
described as follows:
BEGINNING of a 112 inch iron rod found in the southerly right-of-way line of BELT
LINE ROAD (120' right-of-way) being South 8542'35' East a distance of 824.91 feet from
its intersection with the easterly
right-of-way line of MACARTHUR BOULEVARD (110' right-of-way), said iron rod also
being the northeasterly comer of BLOCK 1, LOT C of VALLEY RANCH CENTER, an
addition to the City of Coppell according to the plot
as recorded in Volume 88035, Page 1680 (DRDCT);
THENCE along the southerly right-of-way line of said BELT LJNE ROAD, South
85'42'35m East, a distance of 496-14 feet to a 112 inch iron rod found for the
northwesterly comer VALLEY RANCH SELF STORAGE ADDITION, an addition to the
City of Coppell according to the plot as recorded in Volume 94067, Page 1759 (DROCT);
THENCE along the common line of said VALLEY RANCH SELF STORAGE
ADDITION and aforementioned VALLEY RANCH BAPTIST CHURCH ADDITION,
SOUTH, a distance of 728.57 feet to a 112 inch iron rod found at the northerly line of
Grapevine Creek Channel for the beginning of a curve to the left having a radius of
1600.00 feet, a chord bearing of North 70-27'03' West and a chord length of 313.38 feet;
THENCE departing the said common line and along said Grapevine Creek Channel as
follows:
Continuing along said curve to the left through a central angle of 11'14'24' for
an arc length of 313.88 feet to a 112 inch iron rod found for corner,
North 76'04'13' West, a distance of 190.32 feet to a 112 inch iron Rod found for
the beginning of a curve to the left having a radius of 1060.00 feet, a chord
bearing of North 76-28'45' West and a ,chord length of 15.13 feet;
Continuing along said curve to the left through a central angle of 00'49'04' for
an arc length of 15.13 feet to an 'X' cut found for the southeasterly corner of
aforementioned BLOCK 1. LOT C of VALLEY RANCH CENTER;
THENCE along the common line of said BLOCK 1. LOT C of VALLEY RANCH
CENTER and aforementioned VALLEY RANCH 13APnST CHURCH ADDITION,
NORTH, a distance of 611.47 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 7.500 acres or 326,704 square feet of land
more or less.
AGE N DA R E QU E S T FO R M
ITEM # 8 CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION: PUBLIC HEARING Consider TXU Gas Distribution’s request to increase gas rates
within the cor porate city limits of the City of Coppell.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $TXUGasd.doc
AGE N DA R E QU E S T FO R M
ITEM # 9 CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION: Consider approval of an ordinance or resolution regarding TXU Gas Distribution’s
request to change rates in the City of Coppell, providing for notice hereof to said company, and authorizing
the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS: This agenda item includes a resolution which would deny TXU Gas Distribution’s
rate increase request, as well as, an ordinance which would approve TXU’s negotiated rate increase. The
Coppell City Council will need to either approve or deny the TXU rate increase request prior to the July 4,
2002 rate suspension deadline. Otherwise, the rates within the original statement of intent filed on March 1,
2002 would become the effective gas rates for the City of Coppell.
Staff recommends denial of the proposed rate increase based on our consultant’s report, which demonstrates
that the revenue requirements for the North Texas Metroplex Distribution System are being met under the
current rate str ucture. The coalition of cities have been striving to negotiate a settlement with TXU Gas,
however, it is our opinion their final offer is unacceptable. Especially in the context this is the third request for
a rate increase during the last five years, and TXU Gas has indicated they plan to file for another rate increase
in 2003.
Based on the original filing by TXU Gas on March 1, 2002, rates in Coppell were scheduled to increase by
9.75% overall. TXU Gas has made a final offer (dated June 13, 2002) which would result in an increase in
Coppell gas rates of 4.99% overall. (Residential +5.84% & Commercial/School +2.20%) If this denial is
approved, it appears TXU Gas will appeal their rate filing case to the Railroad Commission. The cities will
continue to defend our position before the Railroad Commission, if necessar y. Our rate attor ney believes the
Railroad Commission would not impose rates higher than the negotiated rates, however, there is a risk they
could impose a rate that exceeds TXU’s current offer.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $TXUGasrR.doc
1913\00\mmo020612gmg Confidential & Privileged
LLOYD, GOSSELINK, BLEVINS, ROCHELLE,
BALDWIN & TOWNSEND, P.C.
ATTORNEYS AT LAW
111 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 78701
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
TELEPHONE (512) 322-5800
TELECOPIER (512) 472-0532
www.lglawfirm.com
MEMORANDUM
TO: All North Texas Metroplex Cities
FROM: Geoffrey M. Gay
DATE: June 12, 2002
RE: Recommendation Of Cities’ Settlement Committee On TXU’s Metroplex Gas
Distribution Case
NOTE: THIS COMMUNICATION SUMMARIZES CONFIDENTIAL
SETTLEMENT DISCUSSIONS AND CONTAINS PRIVILEGED
ATTORNEY-CLIENT COMMUNICATION
Background
A settlement committee consisting of Jay Doegey, Danny Reed, Brian Davis, Dan
Lawton, Jack Pous and Geoffrey Gay met with various TXU officers and attorneys in Dallas on
Monday, June 3 to discuss issues addressed in Cities’ Consultants’ Report and concerns of the
parties. On June 4, TXU extended an offer to settle at 55% of its request, or $18.6 million. At
the direction of the Settlement Committee, a counter-offer of $8.1 million or roughly 24% of the
Company’s request was made. Over the course of the last five work days, Geoffrey Gay and
Steve Houle, TXU Vice-President of Distribution, had a number of settlement discussions over
the merits of various settlement scenarios. A stumbling block for reaching a compromise was
the impact on the customers in Fort Worth. Since Fort Worth currently has the highest rates in
the Metroplex, any compromise on revenue requirements that might be acceptable to Cities
would result in a rate decrease for Fort Worth, a proposition that TXU would not accept. On the
other hand, the alternative offered by TXU of imposing Fort Worth’s rates throughout the
Metroplex would impose significant increases on some Cities. TXU indicated that it would be
willing to hold the Fort Worth System’s rates at the current level and increase the rates of the
remaining 86 Cities by $12.7 million. The Settlement Committee has concluded that this “final
offer” should be rejected particularly when taken in the context of this being the third request for
a rate increase in three years and the fact that TXU plans to file for another rate increase next
year.
1913\00\mmo020612gmg Confidential & Privileged
Recommendation
While the Committee is unable to recommend that your City implement rates designed to
recover an additional $12.7 million, you should recognize that the Company is likely to offer you
an opportunity to avoid an appeal by accepting the $12.7 million increase. A spreadsheet
reflecting city-by-city impact of the potential settlement at $12.7 million on 86 Cities is attached.
Sixty (60) Cities would realize some increase in residential rates, as well as increases to
commercial and industrial rates.
Factors for your consideration of how to respond to TXU’s rate filing:
1. At TXU’s settlement offer approximately 21 Cities would end up with
overall increases of 5% or more. When the $2.7 million in industrial
increase is spread among customers in 86 Cities as opposed to 109 Cities
the percent increase jumps from 18.67% (as initially proposed) to over
30%. The commercial percentage increase would move from 4.89% (as
originally proposed) to 5.08% under the settlement offer.
2. Even if the Railroad Commission ultimately imposes rate relief near the
settlement offered by TXU, settlement will lead to an earlier
implementation of higher rates. The appellate process will inherently
delay implementation of new rates and the savings associated with delay
(assuming that the Commission enters an order at or below the settlement
opportunity) should more than offset costs associated with litigation.
3. Any number of possible future events could positively or adversely impact
the political environment in which rates are set (i.e., resignation of a
Commissioner, a pipeline explosion, abnormal weather conditions). Of
course, uncertainty is magnified in an election year. TXU is over-
collecting on its price to beat electric rates and is under review at the PUC
for manipulation of the electric market. The Company has recently
received adverse preliminary opinions in two pending cases at the
Railroad Commission. Settlement at $12.7 million advantages the
Company, not the Cities.
4. The Company took a philosophical stand that it would not settle on a
number or methodology that resulted in an overall rate reduction for Fort
Worth. The Fort Worth System has the highest current rates. Bringing all
of the Metroplex to Fort Worth rates would result in a $14 million
increase. That became TXU’s benchmark for settlement, an inappropriate
standard in the context of massive systems and rate consolidation.
1913\00\mmo020612gmg Confidential & Privileged
5. TXU has conceded that it plans to file a gas rate case in 2003 that will
consolidate the entire TXU gas distribution system under one set of rates.
Settlement will facilitate TXU working on that future filing. Appeal will
delay and frustrate, but not prevent, pursuit of that objective.
6. Several Cities have indicated a desire to the Committee to take action that
either denies the request or rolls back rates. Additionally, the City of
Dallas case is likely to be appealed.
7. The Company’s filing and settlement proposals have included an
anachronistic residential rate design that maximizes revenue stability and
promotes consumption.
Conclusion
The Settlement Committee recommends denial of the TXU application. You may
use the model resolution previously provided. Regardless of what action you decide to pursue,
please send notification to Jay Doegey of your intent.
TXU GAS DISTRIBUTIONNORTH TEXAS METROPLEX BASED ON THE REMOVAL OF THE FORT WORTH SYSTEMINCREASES/DECREASE BY TOWNOPTION 4NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM Revenue Increase / (Decrease) by CityLine City Name Amount Percent Amount PercentAmount Percent Amount Percent Amount Percent1ADDISON$25,989 3.56% $150,966 5.61% $9,096 34.33% $0 0.00%$186,051 5.38%2ALLEN$127,599 2.36% $78,127 6.70% $7,956 10.27% $0 0.00%$213,682 3.18%3ANNA($2,017)-1.66% $1,529 3.79% $0 0.00% $0 0.00%($488)-0.30%4ARGYLE$5,266 3.68% $1,495 5.21% $0 0.00% $0 0.00%$6,761 3.91%5ARLINGTON$629,503 4.24% $762,230 6.04% $409,868 39.02% $0 0.00%$1,801,600 6.27%6AUBREY$6,645 4.91% $2,190 5.26% $0 0.00% $0 0.00%$8,835 4.89%7BALCH SPRINGS($36,492)-2.94% $25,006 6.44%$23,098 83.39% $0 0.00%$11,612 0.69%8BEDFORD$98,276 4.22% $92,215 5.58% $12,477 22.95% $0 0.00%$202,969 5.00%9BLUE RIDGE($778)-1.37% $844 3.99% $0 0.00% $0 0.00%$66 0.08%10CARROLLTON$363,548 4.03% $362,895 6.68% $152,361 23.38% $0 0.00%$878,805 5.78%11CEDAR HILL($185,125)-9.53%($11,333)-1.84% $6,819 38.88%$1,687 6.46%($187,952)-7.23%12CELINA($3,893)-1.85% $2,609 3.73%$1,736 2.01% $0 0.00%$452 0.12%13COLLEYVILLE$110,732 3.12% $9,434 2.52% $0 0.00% $0 0.00%$120,166 3.05%14COPPELL$152,834 3.58% $70,290 5.68% $0 0.00% $0 0.00%$223,125 4.03%15COPPER CANYON$280 2.73% $0 0.00% $0 0.00% $0 0.00%$280 2.70%16CORINTH$33,329 2.29% $5,635 4.29% $10,460 65.32% $0 0.00%$49,424 3.05%17CORRAL CITY$250 8.26% $0 0.00% $0 0.00% $37 46.25%$287 9.24%18CROSS ROADS$44 5.97% $0 0.00% $0 0.00% $0 0.00%$44 5.97%19DALLAS$237,900 7.75% $278,833 14.24% $6,386 75.80% $0 0.00%$523,120 10.28%20DALWORTINGTON GARDENS$9,304 3.11% $4,448 6.19% $0 0.00% $0 0.00%$13,752 3.68%21DENTON$280,896 4.34% $323,777 8.26% $171,217 14.90% $0 0.00%$775,891 6.64%22DESOTO($131,516)-2.87%($9,154)-0.72% $27,680 69.74% $0 0.00%($112,991)-1.89%23DOUBLE OAK$3,420 3.19% $0 0.00% $0 0.00% $0 0.00%$3,420 3.17%24DUNCANVILLE($127,068)-3.97% $4,754 0.38%$11,593 34.65% $0 0.00%($110,721)-2.45%25EULESS$84,417 4.56% $85,967 5.83% $38,227 37.73% $0 0.00%$208,611 6.04%26FAIRVIEW$2,918 1.43% $200 2.31% $0 0.00% $0 0.00%$3,118 1.46%27FARMERS BRANCH$117,560 4.11% $157,562 5.67% $89,479 22.14% $0 0.00%$364,601 6.00%28FARMERSVILLE($7,943)-2.07% $6,848 3.88% $0 0.00% $0 0.00%($1,095)-0.19%29FATE($619)-1.94% $414 4.78% $0 0.00% $0 0.00%($205)-0.50%30FLOWER MOUND$266,556 3.72% $31,530 5.15% $1,541 18.53% $0 0.00%$299,627 3.82%31FRISCO$116,469 2.25% $12,751 2.25% $26,697 10.31% $0 0.00%$155,918 2.58%32GARLAND$335,976 2.17% $323,309 4.80% $335,997 36.63% $0 0.00%$995,282 4.27%33GLENN HEIGHTS($11,650)-2.32%($551)-1.31% $0 0.00% $0 0.00%($12,201)-2.17%34GRAND PRAIRIE$179,049 2.59% $174,138 3.16% $323,563 54.84% $0 0.00%$676,749 5.15%35GRAPEVINE$145,441 3.93% $163,922 5.78% $133,280 42.88% $0 0.00%$442,644 6.43%36HEATH($26,095)-3.67% $876 3.09% $0 0.00% $0 0.00%($25,219)-3.39%37HICKORY CREEK$8,951 3.84% $227 5.38% $0 0.00% $0 0.00%$9,178 3.83%38HIGHLAND VILLAGE$72,480 3.56% $5,037 4.55% $0 0.00% $0 0.00%$77,517 3.58%39HURST$126,535 4.42% $75,501 5.35% $10,041 25.65% $0 0.00%$212,076 4.88%40HUTCHINS$1,415 0.77% $33,943 20.73% $32,421 73.00% $219 6.66%$67,998 17.16%41IRVING$482,837 4.20% $463,219 3.68% $264,484 45.16% $0 0.00%$1,210,540 4.88%42JOSEPHINE($877)-1.90% $224 7.30% $0 0.00% $0 0.00%($653)-1.32%43JUSTIN$7,831 4.58% $10,625 20.02% $0 0.00% $0 0.00%$18,455 8.13%44KELLER$136,347 3.80% $20,622 5.20% $8,317 34.00% $0 0.00%$165,286 4.09%45KRUM$9,078 4.53% $1,921 4.73% $0 0.00% $0 0.00%$10,999 4.51%46LAKE DALLAS$19,435 4.44% $5,775 4.81% $0 0.00% $0 0.00%$25,210 4.47%47LANCASTER($11,662)-0.82% $21,522 3.05%$34,158 62.41% $1,543 6.27%$45,561 2.06%48LAVON$759 3.01% $103 3.41% $0 0.00% $0 0.00%$862 3.00%49LEWISVILLE$213,430 4.29% $172,023 5.47% $37,042 16.65% $0 0.00%$422,495 5.02%50LILLIAN$1,659 16.87% $1,200 10.83% $0 0.00% $15 75.00%$2,873 13.73%51LINCOLN PARK$304 1.85% $339 3.23% $0 0.00% $0 0.00%$643 2.32%52LITTLE ELM$5,656 3.45% $9,492 17.33% $0 0.00% $0 0.00%$15,149 6.78%ResidentialIncrease / (Decrease)Serv ChrgIndustrialCommercial / Schools
TXU GAS DISTRIBUTIONNORTH TEXAS METROPLEX BASED ON THE REMOVAL OF THE FORT WORTH SYSTEMINCREASES/DECREASE BY TOWNOPTION 453MANSFIELD$74,663 4.23% $44,666 5.41% $23,377 14.36% $0 0.00%$142,707 5.12%54MARSHALL CREEK$1,217 4.83% $62 10.95% $0 0.00% $0 0.00%$1,280 4.89%55MCKINNEY$161,978 2.31% $104,139 5.30% $79,848 17.22% $0 0.00%$345,965 3.62%56MELISSA($701)-1.40% $1,009 4.44% $0 0.00% $0 0.00%$308 0.42%57MESQUITE($272,071)-2.71%$348,393 8.37% $106,567 41.94% $0 0.00%$182,889 1.25%58MOBILE CITY($45)-0.37% $55 2.89% $0 0.00% $0 0.00%$10 0.07%59MURPHY$14,565 2.56% $2,010 3.84% $0 0.00% $0 0.00%$16,576 2.63%60NEVADA($869)-1.99% $8,104 47.34% $0 0.00% $0 0.00%$7,235 11.77%61NORTHLAKE($32)-33.36% $4 0.32% $1,801 16.64% $0 0.00%$1,773 14.50%62OVILLA($2,044)-1.36%($84)-1.23% $0 0.00% $0 0.00%($2,128)-1.35%63PANTEGO$9,615 4.08% $11,269 5.30% $724 11.01% $0 0.00%$21,608 4.72%64PARKER$1,016 1.51% $0 0.00% $0 0.00% $0 0.00%$1,016 1.50%65PILOT POINT$13,965 4.51% $6,503 4.64% $0 0.00% $0 0.00%$20,467 4.48%66PLANO$572,682 1.97% $234,319 3.04% $100,418 19.79% $0 0.00%$907,419 2.42%67PONDER$1,884 4.75% $2,464 5.60% $0 0.00% $0 0.00%$4,348 5.14%68PRINCETON($2,997)-1.48% $3,430 3.96% $0 0.00% $0 0.00%$433 0.15%69PROSPER$3,280 2.65% $779 1.92% $0 0.00% $0 0.00%$4,059 2.44%70RICHARDSON$247,167 2.33% $145,032 3.15% $82,546 60.71% $0 0.00%$474,745 3.08%71ROANOKE$7,399 4.75% $7,745 6.02% $0 0.00% $0 0.00%$15,145 5.28%72ROCKWALL($58,013)-2.47% $8,413 0.88%$4,083 28.61% $0 0.00%($45,517)-1.36%73ROWLETT$122,139 2.44% $37,104 6.70% $26,403 41.58% $0 0.00%$185,646 3.27%74ROYSE CITY($3,738)-1.76% $3,177 3.37% $0 0.00% $0 0.00%($560)-0.18%75SACHSE$34,947 2.71% $7,677 7.49% $0 0.00% $0 0.00%$42,624 3.02%76SANGER$15,512 4.70% $6,169 4.83% $0 0.00% $0 0.00%$21,680 4.67%77SEAGOVILLE($13,305)-2.84% $15,723 6.30%$36,178 25.27% $0 0.00%$38,596 4.44%78SHADY SHORES$6,518 4.05% $78 4.58% $0 0.00% $0 0.00%$6,596 4.00%79SOUTHLAKE$126,486 3.05% $30,207 5.22% $195 1.79% $0 0.00%$156,887 3.29%80SUNNYVALE($6,940)-1.55% $3,764 5.89%$3,913 23.14% $0 0.00%$737 0.14%81THE COLONY$26,938 2.56% $6,946 2.29% $0 0.00% $0 0.00%$33,884 2.48%82TROPHY CLUB$14,747 3.66% $1,926 4.92% $0 0.00% $0 0.00%$16,673 3.74%83WESTLAKE$3,516 3.57% $2,018 2.48% $0 0.00% $0 0.00%$5,534 3.06%84WESTMINSTER($420)-1.17% $121 5.41% $0 0.00% $0 0.00%($299)-0.78%85WILMER($4,132)-2.20%($545)-1.24% $0 0.00% $272 5.35%($4,405)-1.86%86WYLIE$29,890 3.16% $21,789 3.61% $9,721 15.43% $0 0.00%$61,400 3.81%TOTAL $5,000,000 2.34% $5,000,000 5.08% $2,661,76530.76% $3,7730.15% $12,665,5383.92%
1 48534
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, DENYING TXU GAS DISTRIBUTION'S REQUEST
TO CHANGE RATES IN THE NORTH TEXAS METROPLEX
DISTRIBUTION SYSTEM; PROVIDING A REQUIREMENT FOR A
PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about March 1, 2002, TXU Gas Distribution, a division of TXU Gas
Company filed with the City of Coppell a Statement of Intent to change gas rates in all
municipalities within the North Texas Metroplex Distribution System effective April 5, 2002;
and
WHEREAS, the City of Coppell, by Resolution No. 2002-0319.3, suspended the
effective date of the proposed new rates for ninety (90) days to evaluate the reasonableness of
existing rates and the merits of TXU's proposed changes; and
WHEREAS, the City of Coppell participated with other municipalities in a
comprehensive review of TXU Gas Distribution's application; and
WHEREAS, consultants and counsel retained by the coalition of cities have
recommended denial of the Company's application based upon a report from consultants
demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is
being met under current rates; and
WHEREAS, that recommendation has been endorsed by the Steering Committee of city
representatives who have coordinated the review of TXU Gas Distribution's rate application; and
WHEREAS, the Gas Utilities Regulatory Act provides that costs incurred by Cities in
ratemaking activities are to be reimbursed by the regulated utility;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.The TXU Gas Distribution's Statement of Intent to change gas rates within
the North Texas Metroplex Distribution System and the City of Coppell, Texas be in all respects
denied.
2 48534
SECTION 2.The costs incurred by the City of Coppell in reviewing TXU's application
be promptly reimbursed by the Company.
SECTION 3.A copy of this resolution, constituting final action on TXU's application be
forwarded to appropriate designated representatives of TXU as follows: Autry Warren, Rates
Manager, TXU Gas Distribution, 1601 Bryan Street, Dallas, TX 75201-3402.
SECTION 4.This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the _______ day of _______________, 2002.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 6/17/02)
BUDAMND.ORD
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS FINDING AFTER
REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION’S RATES
AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST
AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING
RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO
BE CHARGED FOR SALES AND TRANSPORTATIONS OF NATURAL GAS TO
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR
RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF
THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Coppell (“City”), acting as a regulatory authority, has previously
suspended the effective date of TXU Gas Distribution’s (“Company”) application to increase rates in
the City in order to study the reasonableness of that application;
WHEREAS, the City evaluated the merits of the Company’s application;
WHEREAS, the City after a duly noticed public hearing considered the Company’s
application;
WHEREAS, the City has determined that the Company’s rates within the City should be
changed and that the Company’s application should be granted, in part, and denied, in part;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. On March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company
(“Company”) filed with the Governing body of the municipality a Statement of Intent to Change
BUDAMND.ORD
Residential, Commercial and Industrial Rates charged to consumers within this municipality. Also
filed was the Tariff for Gas Service in the North Texas Metroplex Distribution System (“Tariff for
Gas Service”) and the supporting Cost of Service Schedules (“Schedules”).
SECTION 2. That the existing rates and charges of TXU Gas Distribution are hereby found, after
reasonable notice and hearing, to be unreasonable and shall be changed as hereinafter ordered. The
changed rates resulting from this Ordinance are hereby determined to be just and reasonable rates to
be observed and in force within the City.
SECTION 3. The Company has agreed to modify the rates proposed in its Statement of Intent and
the modified rates are reflected in the revised Tariff for Gas Service attached hereto as Exhibit A.
SECTION 4. The maximum general service rates for sales and transportation of natural gas
rendered to residential, commercial and industrial consumers within the city limits of Coppell, Texas
by TXU Gas Distribution, a division of TXU Gas Company, a Texas corporation, its successors and
assigns, are hereby fixed and approved as set forth in the revised Tariff for Gas Service attached
hereto as Exhibit A. The rates reflected in the Attached Rate Schedules entitled Residential Service,
Commercial Service, Industrial Sales, Industrial Transportation and Industrial Sales &
Transportation are found to be reasonable. Nothing contained herein shall limit the right of the
industrial and transportation customers with competitive options to negotiate rates with the
Company that differ from approved tariffs.
SECTION 5. All electric generation customers are included as Industrial Transportation customers
under the applicable transportation rate schedule.
SECTION 6. The Rate Adjustment and Surcharge Provisions set forth in the revised Tariff for Gas
Service attached hereto as Exhibit A and entitled Gas Cost Adjustment, and Tax Adjustment, are
approved.
SECTION 7. The Company shall have the right to collect such reasonable charges as are necessary
to conduct its business and to carry out its reasonable rules and regulations. Such miscellaneous
service charges are identified in Rate Schedules 9001 through 9008 of the attached revised Tariff for
Gas Service.
SECTION 8. Cities’ rate case expenses are found to be reasonable and shall be reimbursed by the
Company. The Company is authorized to recover he rate case expenses reimbursed to Cities and the
company’s rate case expenses through a per Mcf surcharge as set forth in the Rider entitled
Surcharges in the attached revised Tariff for Gas Service.
SECTION 9. The aforesaid rate schedules and riders herein approved shall be effective after the
effective date of the approval of this Ordinance.
SECTION 10. The rates set forth in this Ordinance may be changed and amended in accordance
and in a manner as provided by law. Service hereunder is subject to the orders of regulatory bodies
BUDAMND.ORD
having jurisdiction, and to the Company’s Rules and Regulations currently on file with the City.
SECTION 11. Nothing contained in this Ordinance shall be construed now or hereafter in limiting
or modifying, in any manner, the right and power of the City under law to regulate the rates and
charges of TXU Gas Distribution.
SECTION 12. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are
repealed to the extent of such conflict. Examples of such ordinances or resolutions that are deemed
repealed are all ordinances or resolutions concerning Military Rates-N, Cost of Service Adjustments,
Plant Investment Cost Adjustments, and Weather Normalization Adjustments. To the extent Public
Authority Rates, Commercial Contract Rates or Military Rates-N are in effect in the city those rates
are specifically repealed as they are now a part of the Commercial rates and are calculated in
accordance with the revenue requirement for Commercial customers.
SECTION 13. The rate schedules included in the Tariff for Gas Service supercede and replace all
other tariffed services provided by TXU Gas Distribution except as expressly contained within the
Tariff for Gas Service.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day
of ____________, 2002.
APPROVED:
___________________________
CANDY SHEEHAN, MAYOR
ATTEST:
______________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
ROBERT E. HAGER, CITY ATTORNEY
AGE N DA R E QU E S T FO R M
ITEM # 10 CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1194R, Frost Bites Italian Ice, zoning change request from PD-178R S-1194
(Planned Development-178R-Special Use Permit-1194) to PD-178R S-1194R (Planned Development-178R-
Special Use Permit-1194 Revised), to allow a revision to the approved attached signage for the Italian ice cream
shop located in the Town Center West Retail Center at 171 N. Denton Tap Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: May 16, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners Clark, Kittrell, McGahey, Dragon
and Stewart voting in favor. None opposed.
Approval is recommended to permit the revised signage.
Due to an advertising error in the Citizens Advocate, this hearing had to be postponed from June 11 to June 25,
2002.
Staff recommends approval.
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form – Revised 5/00
@1S1194R Frost Bites1-Agenda Request
Page 1 of 3
Item # 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO: S-1194R, Frost Bites Italian Ice
P & Z HEARING DATE: May 16, 2002
C.C. HEARING DATE: June 11, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: In the Town Center West Retail Center at 171 N. Denton Tap
Road.
SIZE OF AREA: Approximately 1,405-square foot restaurant.
CURRENT ZONING: PD-178R-S-1194 (Planned Development-178-Special Use Permit-1194)
REQUEST: PD-178R-S-1194R (Planned Development-178R, Special Use
Permit-1194 Revised)
APPLICANT: Joy Harris
Frost Bites
171 N. Denton Tap Road
Coppell, Texas 75019
972-304-6000
HISTORY: This property was rezoned from C (Commercial) to Conceptual Plan
Development District (PD-178) for commercial uses. In March 2000,
Council approved detail plans for this property. The eastern 1.8 acres
was proposed for retail/medical/restaurant uses, and the western 2.7
acres for a day-care building and a child development facility.
On January 9, 2001, Council approved S-1183 for Quizno’s
restaurant and S-1182 for a coffeehouse in this shopping center.
Revised signage for CC’s Coffee House was approved in May of
2001. On September 18, 2001, Council approved S-1190, for the
Green Pepper restaurant, which is located at the northern end of this
shopping center.
Page 2 of 3
Item # 4
On December 11, 2001, Council approved Ordinance No. 91500-A-
309 to allow for the occupancy of the lease space between Quizno’s
and CC’s Coffee for Frost Bites Italian Ice, subject to specific floor
and sign plans which were attached to and made a part of the
ordinance establishing this use.
TRANSPORTATION:Denton Tap Road is a P6D, six-lane divided thoroughfare, with 37 feet of
paving in each direction, contained within 110-120 feet of right-of-
way. Town Center Blvd. West is a 27-foot wide local street allowing
access to the Coppell High School property.
SURROUNDING LAND USE & ZONING:
North- single family development; PD-129, SF-9
South - undeveloped; C (Commercial)
East - Comerica Bank; TC (Town Center)
West - single family development; SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
retail and commercial uses.
DISCUSSION: As stated in the HISTORY section of this report, Council
approved a Special Use Permit for an Italian ice cream
shop at this location late last year. The approved ordinance
established a specific floor plan and signage. Since that
time, the applicant received a sign permit and installed a
sign, which was not the same design as approved in the
original ordinance. Specifically, the approved sign, as
shown on the attached Exhibit A, simply included the
words “FROST BITES” and was 16.75-square feet in size.
Since approval of the SUP, the applicant designed a logo for
this store, which was incorporated into the design of the sign.
The installed sign measures 16.4-square feet, approximately
one-half of which is the round, red and white logo with the
words “Frost Bites” and the remaining portion of the sign
states “Italian Ice”. This use has 17 feet of frontage on
Denton Tap Road, so the square footage of the sign is in
compliance with the size regulations.
On February 21, 2002, this sign issue was brought to the
attention of the Planning and Zoning Commission. The
Commission stated that given the significant differences
between the installed and approved signs, if Frost Bites
desired to retain the revised sign, it would be required to
formally amend their SUP.
Page 3 of 3
Item # 4
On March 19, 2001, Council approved various revisions to
the Zoning Ordinance based on recommendations of the
C.I.V.I.C. Report. One of the provisions specifically states
that:
"(i) Attached signs shall consist of individually
mounted channel letters in white, ivory, black or
neutral colors. Raceways shall match the color of
the materials to which they are mounted. All
illumination shall be limited to white or off-white.
Logos in any color shall be permitted, but shall not
exceed 20 percent of the area of the sign."
The existing Frost Bites sign is in accordance with this
provision, except that the logo is approximately 50% of the
sign area. Given this provision was not in effect at the time
that this sign permit was issued, the retroactive imposition
of this regulation is not required.
Therefore, staff can support this revision to the SUP to
allow the retention of the sign as installed, which is in
accordance with the sign permit issued for this restaurant.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the revision to S-1194 to permit the revised
signage.
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) Requested (existing) sign
2) Sign approved with the original Special Use Permit.
AGE N DA R E QU E S T FO R M
ITEM # 11 CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1200, Deli and Health Food Bar, zoning change request from TC (Town
Center) to TC-S-1200 (Town Center, Special Use Permit-1200), to allow the operation of an approximate 324
square-foot food service within the Coppell Family YMCA, located at 146 Town Center Blvd.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: May 16, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners Clark, Kittrell, McGahey, Dragon
and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) There shall be no outside signage or advertising.
2) The hours of operation shall not exceed those in effect for the Coppell Family
YMCA.
3) The site plan and floor plans shall be attached to the Ordinance.
Due to an advertising error in the Citizens Advocate, this hearing had to be postponed from June 11 to June 25,
2002.
Staff recommends approval.
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form – Revised 5/00
@2S1200 YMCA deli1-Agenda Request
Page 1 of 3
Item # 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO: S-1200, Deli and Health Food Bar
P & Z HEARING DATE: May 16, 2002
C.C. HEARING DATE: June 11, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 146 Town Center Blvd (Coppell Family YMCA)
SIZE OF AREA: Approximately 324 square feet.
CURRENT ZONING: TC (Town Center)
REQUEST: TC-S-1200 (Town Center-Special Use Permit-1200)
APPLICANT: Waheed Adam Pharayra
2666 Hamilton Drive
Grand Prairie, Texas
972-560-3883
HISTORY: The preliminary plat for this property was approved by the City Council in
December 1997. In March 1998, the Site Plan and Final Plat was
approved for the construction of the first phase of the YMCA. In 1999,
the City of Coppell entered into an agreement with the YMCA to allow
the construction of 47 new parking spaces between the YMCA and the
Police and Municipal Court building for joint use by both facilities. City
Council approved the site plan for this parking lot on December 14, 1999.
In September of 2001 City Council approved an amended site plan to
allow for an additional two story, 17,500-square feet of building, revised
elevations and expansion of the parking lot.
TRANSPORTATION: Town Center Boulevard has 28’-wide pavement within a variable width
right-of-way, dedicated by separate instrument. The right-of-way widens to
66 feet at its intersection with Town Center Drive. Town Center Drive dead
ends into the existing YMCA and the joint use parking lot.
Page 2 of 3
Item # 5
SURROUNDING LAND USE & ZONING:
North- parking lot and undeveloped land; TC
South -Wendy’s and Tom Thumb Shopping Center; TC
East - Chaucer Estates; PD-SF-7
West - retail under construction and Comerica Bank; TC
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
public/institutional uses.
DISCUSSION: The applicant desires to operate a Deli and Health Food Bar within the
Coppell Family YMCA as an accessory use (convenience) to the patrons
of the “Y”. This deli, located adjacent to the existing lobby, within a
former conference room, will only be 324-square feet in size. The seating
will be limited to two-4 seat tables and three stools. The menu will be
limited to “smoothies” and cold sandwiches, with no cooking being done
on-site. The hours of operation will generally coincide with, but be less
than, the hours of operation for the “Y”. There will be no outside
advertising or signage.
This use should not generate any additional traffic or demand for parking,
given that this is an accessory use to the main function of the “Y”.
However, included in recent “Y” expansion was the addition of 48 parking
spaces. These spaces, coupled with the parking shared with the City,
provide more than sufficient parking for this use.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1200 for the Deli and Health Food Bar to
be located within the Coppell Family YMCA, subject to the following conditions:
1. There shall be no outside signage or advertising.
2. The hours of operation shall be Monday-Friday - 6:30 a.m. to 8:30 p.m.,
Saturday - 9:00 a.m. to 8:00 p.m. and Sunday - noon to 8:00 p.m.
3. The site plan and floor plans shall be attached to the Ordinance.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site plan
2) Partial first floor plan of the YMCA
Page 3 of 3
Item # 5
3) Detail floor plan of the Deli
AGE N DA R E QU E S T FO R M
ITEM # 12 CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of text amendments to Chapter 12, Zoning, of the Code of Ordinances to amend Section 12-42-
1 Definitions, providing for a definition of mini-warehouse (convenience storage), Section 12-31-6.20 revising
parking for mini-warehouse (convenience storage), Section 12-30-12 requiring SUP for mini-warehouse use in the
Light Industrial District, and deleting subsection 34 of Section 12-31-6, to clarify the parking requirements for
general warehouse use.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: May 16, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners Clark, Kittrell, McGahey, Dragon
and Stewart voting in favor. None opposed.
The attached Staff Report has been revised per the P&Z Commission’s recommendation to delete reference to a one-
story requirement.
Due to an advertising error in the Citizens Advocate, this hearing had to be postponed from June 11 to June 25,
2002.
Staff recommends approval.
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form – Revised 5/00
@3ZOtxt amend re mini-warehouse1-Agenda Request
ITEM # 11
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Text Amendments: Mini-warehouse definition and
parking requirements; amending SUP Requirements for
Mini-warehouses; and clarifying required parking for
Warehouse Uses
P & Z HEARING DATE: May 16, 2002 (Held under advisement on April 18, 2002)
C.C. HEARING DATE: June 11, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
Discussion: The following text amendment clarifies the definition of and the requirements for
parking for warehouse usage. As part of the on-going review and update of the
Zoning Ordinance, it was discovered that there was no definition for the use
“mini-warehouse” and that the parking and related provisions were insufficient
when reviewing requests for this use. Therefore, the following defines this use,
as well as enhances the standards for parking, and requires that all mini-
warehouse developments obtain Special Use Permits. In a related issue, it was
discovered that there was a duplication and slight conflict in the parking
requirements for general warehouse use. Again,
Section 12-42-1 Definitions.
add:
Mini-warehouse(convenience storage): A building or group of buildings
containing one or more individual compartmentalized storage units for inside
storage of customer’s goods or wares, where no unit exceeds 500-square feet in
floor area. No outside storage, storage of explosives, flammable materials,
materials emitting noxious odors or other similar activities shall be allowed.
Caretaker’s quarters are required as an accessory use.
COMMENT: The Zoning Ordinance currently does not have a definition for mini-
warehouse.
Section 12.31-6 Parking Regulations.
Revise as follows:
ITEM # 11
Page 2 of 3
20. Mini-warehouse (convenience storage): Four per complex plus one per 5,000
3,000 square feet of storage areas. When access to individual storage units is
adjacent to a fire lane, parallel (8’ x 22’) parking spaces shall be provided
adjacent to the storage units. These parking spaces will be outside of the
designated fire lane. These parking spaces are only required adjacent to one side
of the fire lane.
One parking space shall also be provided per 500-square feet of floor area of
caretakers quarter’s; however, no more than two spaces are required for each
caretaker’s quarters.
COMMENT: This provision increases the requirement for parking for this use, as well as
provides for parking adjacent to the units, which will not conflict with the fire lane. From
a practical standpoint, users of this type of facility tend to park to load and unload their
vehicles adjacent to their unit. In the event there was a fire in any of the units, the fire
lane would be blocked. Therefore, by providing for parallel parking adjacent to the units,
the fire lane will remain unobstructed.
Section 12-30-12. Uses Permitted by SUP in the Light Industrial District
Revise as follows:
18. On-premise residential use by management personnel in connection with a
convenience storage or “mini-warehouse”
COMMENT: Requiring a Special Use Permit for all mini-warehouses, irrespective of the
provision of a caretaker’s quarters, is consistent with the requirement in the C
(Commercial) district in the Zoning Ordinance and is common in other communities in
this area.
Section 12-31-6 Parking requirements based on use
Delete:
34. Warehouse, wholesale, manufacturing and other industrial type uses: One
Space per 1,000 square feet of floor area.
COMMENT: The required parking for these uses is defined in Section 12-31-6.18 of this
provision and is actually more restrictive in that it also provides for parking per employee
as follows:
“One parking space for each employee on the maximum working shift plus space
to accommodate all trucks and other vehicles used in connection therewith, but
not less than one parking space for each 1,000-square feet of floor area”.
This additional provision would be applicable when a tenant with a higher number of
employees occupies a building originally intended for warehouse use.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
ITEM # 11
Page 3 of 3
Approval of the text amendments
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.
AGE N DA R E QU E S T FO R M
ITEM # 13 CITY COUNCIL MEETING: June 25, 2002
ITEM CAPTION: Consider approval and adoption of Council vision and goals for 2007 and work elements
for fiscal year 2003.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !CCGoals
COUNCIL VISION AND GOALS FOR 2007
Effective Transportation
•Responsive to neighborhood and regional needs and demands
•Safe neighborhood streets
•Effective traffic movement throughout the community
•Evaluate need for regional transportation and determine city’s role
Home Town Feeling
•Well-informed citizenry
•Participation on boards and commissions, task forces and committees
•Foster a family atmosphere
•Active citizen involvement as partners
•Strong sense of civic pride and identity as Coppell, TX
•Encourage inclusiveness
Outstanding Leisure & Rec Amenities & Programs
•Maintain quality and safe parks
•Inclusive opportunities, activities and facilities
•Collaboration with community groups
•Promote and facilitate community events
Quality Development
•Preserve property values
•Attract and retain development tenants
•Emphasize code enforcement
•Maintain community master plan with consideration of impact on city services
and infrastructure
•Maintain visual appeal
Economic Development
•Ensure competitiveness in industrial/commercial growth
•Emphasize strategically identified properties
•Implement Old Town development strategy
•Retain excellent commercial/industrial uses
•Increase visibility of commercial/industrial development opportunities with
development community
Excellent City Services and High Citizen Satisfaction
•Provide timely and accurate information
•Rapid response and resolution
•Identify, implement and measure service levels
•Professional and courteous service delivery
Quality Public Facilities and Infrastructure
•Maintained with adequate funding
•Environmentally sound and appealing landscaping
•Anticipate and plan for future needs
•User friendly
Safe Community
•Safe neighborhoods
•Visible and responsive police presence
•Public safety education programs
•Emphasize and educate for emergency preparedness
•Participate in regional security preparation
•Provide safe environment for recreation and leisure activities
•Partner in school safety
-2-
WORK ELEMENTS 2003
High Priority
Mass and Senior Transit
•Task force formation and recommendations
•Community education
•Explore legislative initiatives
•DART -- collaboration with member and non-member cities
•Town Hall meeting
•Needs assessment – senior transportation
Economic Development
•Action plan for vacant shopping centers
•Increase regional visibility
•Implement retention plan
•Hot spots assessment
•Implement economic development strategy
Substance Abuse
•Create partnerships with ISD’s
•Evaluate DARE
•Support and develop middle school program, if necessary
•Community awareness
Increase Code Enforcement
•Develop comprehensive neighborhood integrity & code enforcement program,
including ordinance review
•Proactive code enforcement
•Evaluate code enforcement assistance program
Old Coppell
•Master Plan
•Funding – grants/city/private
•Development incentives
•Farmers Market
•Zoning
•Infrastructure costs (plan and implement)
•Cost/benefit analysis
WORK ELEMENTS 2003
Moderate Priority
Neighborhood Parks
•Alternative funding grants
•Baseline standards and funding for neighborhood parks
- Park Board Recommendation
IMF
•Assessment report of projected needs and associated costs
•Brick paver replacement strategy, including intersections
Grant Funding
•Identify available sources of funds and uses
Neighborhood Traffic
•Assess uniform speed limit alternatives
•Solicit public input (HOA’s)
WORK ELEMENTS 2003
Low Priority
Cemetery legislation
Residential tax relief
Facilities for teens
Tennis
Emergency management assessment
AG EN DA R EQU EST FO R M
ITEM # 14 CITY COUNCIL MEETING: June 25, 2002
NECESSARY ACTION RESULTING FROM WORK SESSION
AG EN DA R EQU EST FO R M
ITEM # 15 CITY COUNCIL MEETING: June 25, 2002
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Sheehan regarding the Spirit of Coppell July 4th Celebration.
B. Repor t by Mayor Sheehan regarding volunteers to serve on Regional Transpor tation
Ta s k Fo r c e .
CITY MANAGER'S REVIEW: