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Manara-CS090605 1(6/1912009) Carol Dye - Fwd: City~CoLinCiIM,eetingJul1e 16, 2,009 ManaraAcademy's request f6TSpec::1al UsePermit(SU~e1Q)~ From: Marcie Diamond To: Ken Griffin Date: 6/16/2009 7:37 AM Subject: Fwd: City Council Meeting June 16, 2009 Manara Academy's request for Special Use Permit (SUP-S-1033R2-SF-12) and Christ Our Savior Lutheran Church Site Plan Amendment Request P&Z Agenda June 18, 2009 Attachments: TEA Complaint Manara 0001.jpg; TEA Complaint Manara 0002.jpg fyi >>> On 6/15/2009 at 7:01 PM, in message <OKLB002CU1E58980@vms173001.mailsrvcs,net>, "Byron Hardin" <bqmhardin@verizon.net> wrote: Mr. Clay Phillips, City Manager Jane Peters, Mayor City Council This correspondence is requesting that the Mayor and City Council delay taking any action on the Manara Academy SUP scheduled for the City Council hearing on Tuesday June 16, 2009. The basis for this request is due to the fact that the Texas Education Agency has not concluded its investigation regarding a formal complaint made on behalf of the affected residential neighborhood filed on June 5, 2009 (see attached). A formal request for intervention was made on June 15, 2009 to Senator Florence Shapiro seeking her assistance with regard to the TEA formal complaint. Mr. Ryan Franklin, Policy Analysis and staff assistant to Senator Shapiro explained that contact would be made with TEA to evaluate whether there were any rules violated in regards to the Manara Academy Charter School application and approval process. Contact with TEA staff was made on June 15, 2009 to ascertain the status on the formal complaint, but no date was provided by Ms. Kathrin Jones, Program Specialist Charter School Division. She did explain that her "boss", Mr. Arnold Alaniz, Assistant Director for TEA was personally handling the complaint. In regards to the Christ Our Savior Lutheran Church Site Plan Amendment Request P&Z agenda item # 6, after a discussion with Ms. Marcie Diamond, Assistant Planning Director on June 15, 2009, it was discovered that the applicant (Christ Our Savior Lutheran Church) did not meet the internal Planning and Zoning Department deadline for this case to be placed on the agenda for June 18, 2009. Ms. Diamond explained that although the deadline requirement was not adhered to for the P&Z meeting on June 18, 2009, an exception was made by staff to allow the case to be posted. Mrs. Diamond did not disclose who granted the exception. Given the interest and attention surrounding the SUP on this property and the community concern that has been raised, one is left wondering why internal city policies and procedures would be waived or ignored. Thank you for your time and attention to this matter. I will be joined by my neighbors in expressing our community concern at both the Council and PZ meetings on these items. Thank You, Byron and Michelle Hardin 153 Simmons Drive Coppell, Texas 75019 bqmhardin@verizon.net (214) 212-4345 '(6/19/2009)Carol Dye - TEA Complaint ManaraOOO1.jpg. TER* 1 TEX~S EDUCHTlDN HGENCY ___ I Complainant Contact Information I Name:'- fF~~~- Byron Hardin 121t2~2-4345 r I I t-~_ep;, Complaint Descr~p!ion J h.._,_ ___ ..,.. YOllr complaint must allege non-compliance l,vith a requirement of a federal or state education law, rule, or established state or lEA policy. Please use additional sheets as necde~. Describe the details of the complaint. For exalple, describe the actions of the school, when the actions occurred, persons involved, and the rurrent situation. Describe or attach the documents that would be helpful for the Agency to review. , I Please select all areas that apply (hold the C~I button and select all that apply): Educator conduct under educator Code of Ethld Administration of statewide assessments J School financial management of federal and sta~e funds or grants Federal programs and services (fitle Programs) I Confidentiaility of student information I Student a\lendanee I Student enrollment I Student receives special education services i , Texas Education Agency General Complaint Form TF~~; 972-304,1564 Mailing address: 153 Simmons Drive Coppell, lexas 75019 Emai!: bgmhardin@verizon.net Additional contact information (optional): School Information 1 For complaints regarding Special Education, please use the Special Education Complaint Resolution Process found at http://www.tea.state.tx.lls/special.ed/medcofn/compinfo.html mp...._ _........._ 1. Describe the nature of the problem. ! 1) Original charter school application submitted by Mana" Academy indicated being located in Irving, TX due to significant number of students that they serve reside in Irving. !: ' 1) TIle following school districts were not included in the Statement of Impact Analysis Section of Manara Academy's Charter application: Piano lSD, Grapevine ISO, Ft Worth lSD, FloWer Mound lSD, Grand Prairie ISD. 3) Public notification for Manara Academy's Coppell, lX location was not provided, I 2, Describe the facts on which the allegdtion is based. 1) TIlese facts are derived from Manara Acadkmy's Charter school application. 2) Per Manara Academy's application cover sheet, Statement of Impact, on January 19, 2007 Manara Academy clearly shows the Charter school location in Irving, lX, not Coppell, lX! I , 3. What are significant dates and events; related t~-the probl~~~' 1 1) Impact Statement notification for independent school districts should have been received by August 14, 2007. 2) Per Manara Academy's application cover sheet, Statement of Impact, on January 29. 2007 Manara Academy clearly shows the I Charter school location in_ Irving...,~' not ~oppell. TX.,___,,__, ~ C(~('!'~jX;",,1~3'1(l' t'/'lfJ (: ~f>!~ints 1>1<J';ac;;;,.'1n(;'~t !?Ol N. Cor"'Jr'3~ A\'e.: AU$t:tl, rx 78701-H94 Tel nUj 46.3-9.'3-. I f.ax 'S12) 163 ')UiXi Em,llf ({l;1'~pi.::!!'":t;'l;":1')(h~iC'it~:."! tOil _:~ '>;;f1. :~ .1'$ Page 1 of 2 . (6/19/2009)" Carol Dye'~ TEA Complaint Manara0002.jpg I -r-- ~L 4. Describe the documents that support the described facts. , M,"'" """my 0"",, ~I""" ''''';''''1 ,,'" ,"""'";09 doc",~o"lkm, TER* TEXRS EDUCRTlON RGENCY Texas Education Agency General Complaint Form 5. Describe any efforts to resolve the com laint in others ways, such as district or charter school's local complaint process. Have spoken with TEA staff officials regarding these conCerns and was advised by Katherine Jones. Program Specialist, to file this formal complaint to address these allegations. Note~hat Manara Academy has been denied twice by the City of Coppell Planning and Zoning Commission for a Specific Use Permit to oper~te a charter school within the city limits of Coppell, TX. Coppell City Council is scheduled to make a final ruling on the Manara Academy r~quest for Specific Use Permit on June 16,2009. Several concerns surrounding the Manara Academy Charter school have been raised pehaining to the safety and health of the students of the Manara Academy as evidenced by a Traffic Impact Analysis and traffic managemeht plan completed by Manara Academy as part of the SpecifiC Use Permit approval process, A Certificate of Occupancy still has to be apprb\led by the City of Coppell pending significant alterations to the on,site parking and traffic circulatoin to accommodate the proposed nJrnber of students attending MalliJra Academy. At this time' is unclear whether the property owner or the Mana ra Academy boarkl has plans to make financial invest me t to correct thes l:Ie ciencies. f' f-!,,,\,,,,>,,.} bl~d\t.) -L 6-5~09~' Complainant printed na,r:!ll:l Ii """ Dat~_J= I I Cor!"f.''>POfI{J4:~'fxe 3M C(J!ll4'''iJirt" t-1<lnat}P.fl)el"lt I i'Jl N. Coogtess Ave. I Austlil, n: 7S1iH.l4'+~ Tel (512) 'l6J.~JJ11 Fax (512) "1:)j~9()CB EmiJil (:')i~:b<nt:;'!:r.;,f:g~r:i.:'i:hi:nh'l.f.~,t'\' t><:.;~~, 6-5-09 Date Page 2 of 2