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CP 2003-12-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA DECEMBER 9, 2003 DOUG STOVER, JAYNE PETERS, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 DIANA RAINES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 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, December 9, 2003, at 5:30 p.m. for Work Session and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell 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. ag120903 Page 1 of 6 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding a Municipal Drainage Utility System. B. Discussion regarding the Neighborhood Electric Vehicles and Motor Assisted Scooters. C. Discussion regarding the Council Retreat. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. 4. Pledge of Allegiance. 5. PROCLAMATIONS: A. Consider approval of a proclamation naming December 10, 2003 Tom Sawyer Recognition Day, and authorizing the Mayor to sign. B. Consider approval of a proclamation naming Coppell a F.I.T. City USA, and authorizing the Mayor to sign. 6. Repor t by the Library Board. 7. Citizen's Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: November 11, 2003. B. Consider accepting resignation of Douglas Glanz from the Library Board. C. Consider appointing Soji John as a Regular member to the Library Board - ter m to expire October, 2004 and David Smith as an Alternate member to the Librar y Board - term to expire October, 2005. D. Consider approval of award of Bid No. Q-1003-01 for annual contracts for purchase of fer tilizer and chemicals to Estes Inc., Justin Seed and Helena Chemical Co., as provided and highlighted on ag120903 Page 2 of 6 ITEM # ITEM DESCRIPTION Bid Tabulation Q-1003-01, and as budgeted, and authorizing the City Manager to sign. Land Use and Development E. Consider approval of a six-month extension to the expiration date of the Coppell Commerce Center, Lot 1R, Block 3, Replat, to allow the construction of an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of proper ty located at the southeast corner of Burns and Freepor t Parkway. F. Consider approval of a License Agreement between the City of Coppell and Cur tis and Susan Davenpor t, the owners of the proper ty at 257 Rosemount Cour t (Lot 3, Block B, The Reser ve), to allow the construction of a wall for erosion protection; and authorizing the City Manager to sign. Resolutions G. Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to recreational fees, special event fees, trap fees, returned check charge, residential roll-off dumpster fee and water conservation rates, and authorizing the Mayor to sign. H. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Somera Communications Sales, Inc., and authorizing the Mayor to sign. END OF CONSENT 9. PUBLIC HEARING: Consider approval of Case No. PD-197R, Old Coppell Townhomes, Detail Site Plan, zoning change request from PD-197-HO-TH-1/C (Historic Overlay-Townhouse–1/Commercial) to PD-197R-HO-TH-1/C (Planned Development-197 Revised-Historic Overlay-Townhouse-1/Commercial) to attach a Detail Site Plan to allow the development of 19 townhouses and a recreation area on approximately 2.9 acres of proper ty located along the east side of Coppell Road, nor th of Bethel Road. 10. Consider approval of the Old Coppell Townhomes, Preliminary Plat, to allow the development of 21 residences, a recreation area and 2 commercial ag120903 Page 3 of 6 ITEM # ITEM DESCRIPTION uses on 3.81 acres of proper ty located along the east side of Coppell Road, nor th of Bethel Road. 11. PUBLIC HEARING: Consider approval of Case No. PD-185R-LI, Coppell Industrial Addition (Tradepoint), zoning change request on 98.84 acres of proper ty from PD- 185-LI to PD-185R-LI to attach a Detail Site Plan to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; nor th of Bethel Road, at the request of Hillwood Fund No. 1, LP. 12. PUBLIC HEARING: Consider approval of the Coppell Industrial Addition (Tradepoint), Lots 1R and 2, Block A, Replat and Final Plat, being a replat of Lot 1, Block A, and a Final Plat of Lot 2, Block A, on 98.84 acres of proper ty to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; nor th of Bethel Road. 13. PUBLIC HEARING: Consider approval of Case No. S-1198R2, Assured Self Storage, zoning change request from LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised) to LI-S-1198R2 (Light Industrial-Special Use Permit-1198 Revision 2), to amend the Site Plan to allow for additional attached signage for an existing 75,000 square-foot mini-warehouse facility on 4.83 acres of proper ty located at 1751 E. Belt Line Road. 14. Consider approval of the Shadow Ridge Addition, 5th Increment, Lots 1 and 2, Block A, Minor Plat, to allow two SF-12 (Single Family-12) lots on approximately 0.87 of an acre of proper ty located at the southeast corner of Coppell Road and Plantation Drive. 15. PUBLIC HEARING: Consider approval of Text amendments to Chapter 12, Zoning, of the Code of Ordinances amending Ar ticle 29, Sign Regulations, to delete all references to temporar y off- and on-premise signage. 16. Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, by amending Ar ticle 8-5, General Traffic Regulations, by adding Section 8-5-5 to prohibit the operation of neighborhood electric vehicles and motor assisted scooters on streets, highways, and alleys; by ag120903 Page 4 of 6 ITEM # ITEM DESCRIPTION amending Ar ticle 8-6 by providing a new title and by amending Sections 8- 6-1 through 8-6-3 to provide a definition and regulations for motor assisted scooters; by amending Chapter 9, Section 9-11-3 by adding subsection (T) to regulate the use of motorized vehicles and motor assisted scooters on park proper ty; providing a repealing clause; providing a severability clause; providing for a penalty; and providing an effective date; and authorizing the Mayor to sign. 17. Necessary action resulting from Work Session. 18. City Manager's Repor t. A. Council Goals FY 2004. B. C-CERT Training. 19. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding the Christmas Parade and Holiday Season. 20. Council Committee Repor ts. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. 21. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag120903 Page 5 of 6 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 _________________, 2003, 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. ag120903 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2004 Economic Development • Focus on development "Hot Spots" • Develop comprehensive business retention plan • Develop partnerships to revitalize vacant retail properties • Make next level decisions on Old Coppell Quality Public Facilities & Infrastructure • Maintain and increase IMF funding as required • Maintain quality of public facilities • Provide quality park and recreation activities for all • Strategically plan for community's future water needs Excellent City Services & High Citizen Satisfaction • Finalize assessment of Fire Department needs • Focus on employee retention • Timely responsiveness with quality delivery of service • Provide for feedback opportunities for and input from citizens Sense of Community • Develop and support community special events • Develop and support activities and programs for teens • Create opportunities for citizen involvement • Assess and finalize decision on community cemetery Fiscal Stability • Continue systematic reduction and management of debt • Continue and improve financial planning and forecasting • Ensure community can financially maintain what had been developed • Continue to diversify the City's tax base Neighborhood Integrity • Focus on code enforcement • Proactively monitor neighborhoods • Develop a communication plan with Home Owner Associations • Update Master Plan and zoning to ensure consistency Effective Transportation • Reduce traffic congestion • Make policy decisions on regional transportation/DART • Support transortation issues related to air quality • Continue public education on regional transportation issues Safe Community • Maintain and improve on existing safety levels • Raise awareness and support for Homeland Security • Provide quality public safety education programs • Enhance traffic control efforts DATE: December 9, 2003 ITEM #: WS-2 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding a Municipal Drainage Utility System. B. Discussion regarding the Neighborhood Electric Vehicles and Motor Assisted Scooters. C. Discussion regarding the Council Retreat. D. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: December 9, 2003 RE: Work Session- Discussion and consideration of a Municipal Drainage Utility System In 1987 the Texas Legislation approved the Municipal Drainage Utility System Act. The Municipal Drainage Utility System Act allows municipalities the right to establish a Municipal Drainage Utility System to address items such as: surface water overflows; surface water stagnation; pollution arising from non-point source run-off; and establishing a means for funding the Municipal Drainage Utility System. With this agenda item, I have included the most recent version of the Municipal Drainage Utility System found in Title 13, Chapter 402 of the Texas Local Government Code. Twice in the 1990’s this item was brought before Council as a way to correct some existing drainage problems, improve some deficient drainage systems, rectify some water quality issues and address some operational maintenance issues associated with drainage. The two times it was discussed with City Council there was not a desire on Council’s part to proceed with an additional fee to be charged back to the residents of Coppell. However, since the early 1990’s, Stormwater Management has become a mandated function for large cities, labeled as Phase I Communities, and more recently for smaller cities, labeled as Phase II Communities. Included with this agenda item is a timeline of issues associated with Phase II Communities. It is important to note that the compliance deadline for Phase II Communities was March 10, 2003. The March 10, 2003 deadline was based on the Texas Commission on Environmental Quality (TCEQ) publishing rules in the Texas Register no later than December 9, 2002. Once the rules were published, then Phase II Communities had 90 days to establish their requirements to be in compliance and then proceed with the implementation immediately thereafter. The 90 day period established the March 10, 2003 deadline. However, to date, the rules have yet to be published so there is currently no mandated deadline. In anticipation of the rules, the City of Coppell has been working on our Stormwater Management Program since late 2000. We prepared our final draft on December 16, 2002, again in anticipation of a March 10, 2003 implementation date. The rules have not been published at this time because of an impending lawsuit concerning the Phase II implementation by the Texas Cities and Texas Counties Coalition on Stormwater, along with others. Also, recently North Central Texas Council of Governments (NCTCOG) has indicated that they may very well take the lead in the Phase II implementation for all the cities so that there is uniformity in the best management practices taken by the various cities. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" If the NCTCOG becomes the lead in this program, then the City would have the option of adopting the NCTCOG’s best management practices and/or adopting our on plan with portions of the NCTCOG’s plan. Both the NCTCOG best management practices and our draft plan prepared in December 2002 have items that will take funding to accomplish. I have included the goals and implementation schedule from our draft December 2002 Plan, which shows the items that need to be complied with in various years. One item of great significance is updating the GIS System to include all the storm sewer map information. This is critical in regard to determining all the discharge points into the waters of the United States. We have attempted to keep our GIS System updated as much as possible, however, the stormwater portion of our system is approximately 3 to 5 years outdated. So there is an effort associated with bringing the maps into compliance and then field verifying all the discharge points. Adoption of a Municipal Utility Drainage System would provide the means of which we could begin funding some of the items that we know will be required, regardless of when the plan is finally adopted. It is important to note that even with the pending lawsuit, etc., once the plan is adopted and the rules published, the cities still have just 90-days to comply. With this agenda item I am also including a schedule of various future Council dates concerning this ordinance. The item this evening is strictly informational to present the basis of the request. The actual ordinance will be brought before City Council at the January 13, 2004 meeting for discussion and approval. There is a 30-day notice required prior to action on the ordinance by City Council. At the January 13, 2004 meeting there will also be some additional discussion on fees. As of this date, no recommended fees have been established. The actual fee ordinance typically allows for a lump sum fee for residential and then a fee calculated on acreage for commercial uses, with typically a cap on commercial fees. There is also a 30 day notice requirement for the adoption of fees, so therefore, it is not anticipated that the fees will be adopted prior to February 24, 2004. A tremendous amount of effort has currently been put into this project by Suzan Taylor, CIP Coordinator and with the adoption of either the NCTCOG or the City plan, additional training will be required that could be funded from any fees collected under this Municipal Utility Drainage System. Staff will be available at the Work Session to answer any questions. DUD Ordinance and Fee Schedule according to Local Government code Section 402.045 (c) and (d). CC DATE Action ¾ 12/9/03 CC / Work Session - discuss ordinance/some fees ¾ 1/13/04 CC/ Work Session – discuss fees & fee assessment Ordinance / Publish Notice (30 days prior to 1/27/04) • 12/19/03 (to paper 12/15/03) • 1/9/04 (to paper 1/5/04) • 1/16/04 (to paper 1/12/04) ¾ 1/27/04 CC/ Adoption of Ordinance Fee / Publish Notice (30 days prior to 2/24/04) • 1/23/04 (to paper 1/16/04) • 1/30/04 (to paper 1/26/04) • 2/13/04 (to paper 1/9/04) 2/10/04 CC ¾ 2/24/04 CC/ Adoption of Fees DRAFT ORDINANCE _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL CODE OF ORDINANCES, CHAPTER 9, BY ADDING SECTIONS 9-22-1 THROUGH 9-22-9, PROVIDING FOR THE MUNICIPAL DRAINAGE UTILITY SYSTEMS; PROVIDING FOR THE ESTABLISHMENT; PROVIDING FOR A SCHEDULE FOR ESTABLISHMENT OF CHARGES AND EXEMPTIONS; PROVIDING FOR BILLING AND COLLECTIONS; PROVIDING AND ESTABLISHING PROCEDURES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to ensure adequate management of the drainage of the City of Coppell, the City staff has determined a need to provide for the establishment of a municipal drainage utility system; and, WHEREAS, the City Council of the City of Coppell is of the opinion and finds that adopting the Municipal Drainage Utility System will contribute to the overall objective of promoting the public health, safety and general welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Chapter 9 of the Coppell Code of Ordinances be amended by adding Article 9-22, Sections 9-22-1 through 9-22-5, which shall read as follows: “ARTICLE 9-22. MUNICIPAL DRAINAGE UTILITY SYSTEMS SECTION 9-22-1. Established. A. A municipal drainage utility system is hereby established and declared to be a public utility. The city shall have full authority to operate said municipal drainage utility system pursuant to authority contained in Section 402.041, et seq. of the TEXAS LOCAL GOVERNMENT CODE, the city Charter, and its home-rule authority as provided under Article XI, Section 5, of the TEXAS CONSTITUTION. B. The Coppell City Council will, by ordinance, adopt rules for the operation and conduct of the Coppell municipal drainage utility system, consistent with its authority and state law. C. Prior to the levy of any drainage charges for the financing and funding of the Coppell municipal drainage utility system, the Coppell City Council shall hold a public hearing on such charges pursuant to state law. SECTION 9-22-2 Definitions The City hereby adopts those definitions provided in Section 402.044, TEXAS LOCAL GOVERNMENT CODE, as amended. SECTION 9-22-3 Charges and exemptions authorized. A. The City will establish a schedule of drainage charges against all real property in the city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter 402 of the TEXAS LOCAL GOVERNMENT CODE. 1. The city will provide drainage for all real property within the city on payment of drainage charges, except such real property which may be exempted therefrom as authorized by law; and 2. The city will offer such drainage service on nondiscriminatory, reasonable and equitable terms. SECTION 9-22-4 Service Area As a result of the topography, hydraulics, watershed and drainage of the land of the entire boundaries of the City, the entire boundaries shall hereby constitute a single service area for the purpose of this ordinance. SECTION 9-22-5. Drainage charges. The City Council shall, by resolution, establish a drainage charge based on the following schedule of use as provided. The following schedule of drainage charges is hereby levied against all real property lying with the City of Coppell, Texas, subject to drainage charges herein: (1) Residential property. a. Single-family zoned property. The charge for property zoned and developed for residential use in the following zoning districts shall be a flat rate charge per unit per month as established by resolution of the City Council. • Single Family Estates (SF-ED) • Single Family 18 (SF-18) • Single Family 12 (SF 12) • Single Family 9 (SF 9) • Single Family 7 (SF 7) • Planned Development Residential • Two Family (2F-9) • Townhouse (TH-1 & TH-2) • Manufactured Home Park (MH) b. Multi-family zoned property. The charge for property zoned and developed for multi-family use in the following residential zoning districts shall be a flat rate charge per acre per month as established by resolution of the City Council. • Multi-family (MF-1 & MF-2) (2) Commercial/Industrial property. The charge for property zoned and developed for commercial or industrial uses in the following non-residential districts shall be as stated in a, b & c: • Office (O)• Light Industrial (LI)• Commercial (C) • Retail (R)• Heavy Industrial (HI)• Highway Commercial (HC) • Special Use Permit Non-Residential (SUP) • Planned Development Non-Residential (PD) • Town Center (TC) a. Flat rate charge per acre per month as established by resolution of the City Council. b. Flat rate alternate charge per impervious acre per month as established by resolution of the City Council. Acreage shall be submitted on a site plan showing the impervious area to the city engineer, and said plan shall be sealed by a registered professional engineer or registered professional land surveyor. The base charge is in effect until the city engineer has accepted the said site plan. c. A flat rate minimum and maximum charge per property per month shall be established by resolution of the City Council. (3) Day Care Centers/Churches. The charge for day care centers/churches, regardless of zoning, shall be charged as follows: a. Flat rate charge per acre per month as established by resolution of the City Council. b. Flat rate alternate charge per impervious acre per month as established by resolution of the City Council. Acreage shall be submitted on a site plan showing the impervious area to the city engineer, and said plat to be sealed by a registered professional engineer or registered professional land surveyor. The base charge is in effect until the city engineer has accepted the said site plan. c. A flat rate charge per property per month shall be established by resolution of the City Council. SECTION 9-22-6. Exemptions from charges. Exemptions are those permitted under State law from such provisions in this section, as follows: (1) Property owned by a public governmental entity, to wit: (a) The State of Texas; (b) The County of Dallas and Denton; (c) The City of Coppell; (d) The Coppell, Carrollton-Farmers Branch & Lewisville Independent School Districts; (2) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (3) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; (4) A subdivided lot until a structure has been built on the lot and a certificate of occupancy has been issued by the city. SECTION 9-22-7. Billing; collection of charges. All billings, credits, rules and other procedures relating to this charge shall be subject to the provisions of Section 402.041, et seq. of the TEXAS LOCAL GOVERNMENT CODE, and shall specifically include the following: (1) There shall be a charge on each monthly utility statement for the municipal drainage utility system pursuant to this article and as authorized herein. The city manager or his designee is authorized to collect such charges in a manner consistent with the City Charter and state law. The drainage fee will be a separate line item on the utility statement and shall be clearly identified as a separate charge. (2) Except as otherwise provided herein, billing, charges and collection procedures shall be consistent with that of the water and sewer services. (3) Drainage charges shall be identified separately on the utility billing. (4) Delinquent charges shall be collected in a manner consistent with State law. (5) The city manager or his designee(s) may, from time to time, adopt rules for the administration of the drainage charge.” SECTION 2.The Code of Ordinances of the City of Coppell, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 3.If any article, paragraph, subdivision, clause or provision of this ordinance, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this ordinance as a whole or any part or provision thereof, as amended hereby, other than the part so declared to be invalid or unconstitutional. SECTION 4.That all ordinances of the City of Coppell heretofore adopted which are in conflict with the provisions of this ordinance be, and the same are hereby repealed, and all ordinances of the City of Coppell not in conflict with the provisions hereof shall remain in full force and effect. SECTION 5.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 Code of Ordinances of the City of Coppell, as hereby amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6.This ordinance shall take effect from and after its passage and the publication of the caption as the law in such cases provide. DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas, on the ________ day of _________________________, 2003. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: ____________________ ______________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________ _______________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 11/17/03) (60708) 1. Public Education and Outreach 1.1 Regulatory Requirement 40 CFR 122.34 (b)(1) – Implement a public education program to distribute educational materials to the community of contact, equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 1.2 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY Year One • Post 2 storm water quality messages in the City Desk. • Train local teachers in waste management practices. Document the number of teachers attending. • Label 20% of the residential storm drains. Document the number of drains labeled. • Continue current public education programs and affiliations. Document the number of events and the number of people attending. Year Two • Post 2 storm water quality messages in the City Desk. • Develop page on the municipal website with storm water quality information. • Label 20% of the residential storm drains. Document the number of drains labeled. • Continue current public education programs and affiliations. Document the number of events and the number of people attending. Year Three • Post 2 storm water quality messages in the City Desk. • Update website with storm water quality information. • Label 20% of the residential storm drains. Document the number of storm drains labeled. • Continue current public education programs and affiliations. Document the number of events and the number of people attending. Year Four • Post 2 storm water quality messages in the City Desk. • Update website with storm water quality information. • Label 20% of the residential storm drains. Document the number of storm drains labeled. • Continue current public education programs and affiliations. Document the number of events and the number of people attending. Year Five • Post 2 storm water quality messages in the City Desk. • Update website with storm water quality information. • Label 20% of the residential storm drains. Document the number of storm drains labeled. • Continue current public education programs and affiliations. Document the number of events and the number of people attending. • Prepare survey to evaluate the effectiveness of the program and prescribe changes for succeeding permit term if necessary. 2. Public Involvement/Participation 2.1 Regulatory Requirement 40 CFR 122.34 (b)(2) - At a minimum, comply with state, tribal, and local public notice requirements when implementing a public involvement/participation program. 2.2 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY Year One • Provide State and local Required Public Notice. • Make Presentation to the “Keep Coppell Beautiful Committee”. • Continue current public involvement/participation programs. Document the number of participation programs and the number of people attending. Year Two • Update and coordinate with the Committee on implementation of the Storm Water Management Plan. • Continue current public involvement/participation programs. Document the number of participation programs and the number of people attending. Year Three • Update and coordinate with the Committee on implementation of the Storm Water Management Plan. • Continue current public involvement/participation programs. Document the number of participation programs and the number of people attending. Year Four • Update and coordinate with the Committee on implementation of the Storm Water Management Plan. • Continue current public education programs and affiliations. Document the number of participation programs and the number of people attending. Year Five • Update and coordinate with the Committee on implementation of the Storm Water Management Plan. • Continue current public education programs and affiliations. Document the number of participation programs and the number of people attending. • Review the program and prescribe changes for succeeding permit term if necessary. 3. Illicit Discharge Detection and Elimination 3.1 Regulatory Requirement 40 CFR 122.34 (b)(3) – Develop, implement, and enforce a program to detect and eliminate illicit discharges into your small MS4. Develop a storm sewer system map, showing the location of all outfalls and the names and locations of all water of the U.S. that receive discharges from those outfalls. To the extent allowable under state, tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-storm water discharges into your storm sewer system and implement appropriate enforcement procedures and actions. Develop and implement a plan to detect and address non-storm water discharges including illegal dumping to your system. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Address categories listed in 122.34(b)(3)(D)(iii) if you determine they are significant contributors of pollutants to MS4. 3.2 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY Year One • Evaluate existing illicit discharge procedures and identify additional program requirements and resource and training needs. • Develop list of non-storm water discharges and develop a program to detect and address. • Update the existing GIS storm sewer map. • Review existing ordinances and develop a draft illicit discharge management ordinance. Year Two • Develop goals and requirements for the illicit discharge program; acquire any needed resources or training, and complete program written procedures and guidance. • Implement program to detect and address non-storm water discharges and prohibit any significant pollutants. • Locate and identify 50% of the outfall structures and receiving waters of the U.S. and map in the GIS storm sewer map. Update map with storm water quality data and new facilities. • Finalize illicit discharge management ordinance. Year Three • Implement the program to detect and eliminate illicit discharges. • Locate and identify 50% of the outfall structures and receiving water of the U.S. and map in the GIS storm sewer map. Update map with storm water quality data and new facilities. • Implement illicit discharge management ordinance. • Document the number of citizen complaints and visual inspections of illicit connections, illegal dumping etc. and the results of actions taken. TARGET DATE ACTIVITY Year Four • Update GIS map with storm water quality data and new facilities. • Document the number of citizen complaints and visual inspections of illicit connections, illegal dumping, etc., and the results of actions taken. Year Five • Update GIS map with storm water quality data and new facilities. • Document the number of citizen complaints and visual inspections of illegal connections, illegal dumping, etc., and the results of actions taken. • Review the program and prescribe changes for succeeding permit term if necessary. 4. Pollution Prevention/Good Housekeeping for Municipal Operations 4.1 Regulatory Requirement 40 CFR 122.34 (b)(6) – Develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. 4.2 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY Year One • Develop a list of municipal facilities and operations that may contribute significant pollutants to the storm water system. • Develop a list of existing pollution prevention structural controls, maintenance activities, maintenance schedules and long-term inspection procedures. • Continue pollution prevention practices and controls already in place. Year Two • Evaluate the existing pollution prevention practices, maintenance procedures, and other practices for municipal operations. Identify any additional controls that need to be implemented. • Obtain print materials, videos, and other training materials and develop a training program for applicable employees. • Evaluate the structural controls, maintenance activities and schedules and long term inspection procedures for municipal operations. Develop inspection and maintenance schedules to minimize the discharge of pollutants from the storm sewer. Develop procedures for the proper disposal of waste including dredge spoil, accumulated sediments and floatables. • Continue pollution prevention practices and controls already in place. Year Three • Develop and implement the pollution prevention plans for municipal operations. • Implement the training program. • Develop and implement the inspection and maintenance program. Year Four • Document employee training sessions and materials distribution. • Document any reductions in floatables or other pollutants discharged. Year Five • Continue Year Four activities. • Review the program and prescribe changes for succeeding permit term if necessary. 5. Construction Site Storm Water Controls 5.1 Regulatory Requirement 40 CFR 122.34 (b)(4) – Develop, implement and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Program must include: the development and implementation of (at a minimum) an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, requirements for construction site operators to implement appropriated erosion and sediment control BMPs, requirements for construction site operators to control waste at the construction site, procedures for site plan review which incorporate consideration of potential water quality impacts, procedures for receipt and consideration of information submitted by the public. 5.2 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY Year One • Review existing ordinances, regulations, and specifications for compliance with Phase II Rule. • Establish site inspection procedures for inspection of construction storm water BMPs. • Establish and implement procedures for addressing information submitted by citizens on the hotline. • Document any citizen complaints and corrective action taken. • Document any stop work orders given. Year Two • Update and adopt any necessary ordinances, regulations and specifications for compliance with Phase II Rule. • Implement procedures for site inspection. • Set up and publicize the hotline. • Document any citizen complaints and corrective action taken. • Document any stop work orders given. Year Three • Document any citizen complaints and corrective action taken. • Document any stop work orders given. Year Four • Document any citizen complaints and corrective action taken. • Document any stop work orders given. Year Five • Document any citizen complaints and corrective action taken. • Document any stop work orders given. • Review the program and prescribe changes for succeeding permit term if necessary. 6. Post Construction Storm Water Management for New Development/ Redevelopment 6.1 Regulatory Requirement 40 CFR 122.34 (b)(5) – Develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects that are less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for your community. Use an ordinance or other regulatory mechanism to address post-construction runoff. Ensure adequate long-term operation and maintenance of BMPs. 6.2 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY Year One • Participate in the development of the iSWM Manual by attending meetings and providing input on existing drainage criteria and standards. Year Two • Participate in the development of the iSWM manual by attending meetings and providing input on existing drainage criteria and standards. • Initiate review of draft iSWM design criteria and standards by engineering, planning, and administration. Year Three • Complete review of, make any required City revisions, and approve iSWM manual. • Amend ordinances to comply with the iSWM manual and requiring long- term maintenance of post-construction storm water management BMPs. • Evaluate existing plan review and inspection procedures and identify needed changes Year Four • Implement and enforce all applicable post-construction storm water management criteria and standards. • Implement the revised plan review and inspection programs. Year Five • Continue Year Four activities. • Review the program and prescribe changes for succeeding permit term if necessary. DEPT: City Manager DATE: December 9, 2003 ITEM #: 5/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming December 10, 2003 TOM SAWYER RECOGNITION DAY, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Sawyer PROCLAMATION WHEREAS, In 1999 Tom Sawyer graduated from the first Citizens’ Police Academy conducted by the Coppell Police Department and immediately became the driving force in the creation of the Coppell Citizens Police Academy Alumni Association (CPAC) in January 2000; and WHEREAS, Tom Sawyer has lead the CPAC as president since its inception and has volunteered countless hours of community service each year helping with D.A.R.E., National Police Week, National Night Out, Victim Assistance, Red Ribbon Week, Citizens’ Police Academy, Teen Court, Special Olympics, and many other programs; and WHEREAS, Tom Sawyer has motivated the CPAC to purchase and donate law enforcement equipment to the Police Department and through his innovative ideas the CPAC has become an extension of the Police Department by not only providing support to the officers and employees, but also by assisting with parade traffic direction, scenario training, fingerprinting, hiring of officers, judging various contests, etc.; and WHEREAS, Tom Sawyer has been willing to give of his time, talents and sense of humor to make the CPAC the outstanding organization that it is today. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby proclaim Wednesday, December 10, 2003 as “TOM SAWYER RECOGNITION DAY” in the city of Coppell, Dallas County, Texas, and urge all citizens and businesses to join the City Council in showing their appreciation for all of Tom Sawyer’s efforts in assisting the Coppell Police Department and the city of Coppell. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this ___________ day of December 2003. ________________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Manager DATE: December 9, 2003 ITEM #: 5/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming Coppell a F.I.T. City USA, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Fitness PROCLAMATION WHEREAS, in order to provide a coordinated community approach to family fitness in Coppell, the city of Coppell is supporting F.I.T., Families in Training; and WHEREAS, F.I.T. will coordinate the following events: St. Ann’s 5K and 1- mile Fun Run in March, the YMCA Coppell Classic in April, the Coppell Kids and Family Triathlon in May, and the Coppell Aquatics Center Kids and Family Weekend in October, and integrate those activities into the community-wide F.I.T. program; and WHEREAS, F.I.T. is a collaborative effort with the Coppell Aquatic and Recreation Center, the Coppell Family YMCA, and the Dallas Athletes; and WHEREAS, these events and the efforts of F.I.T. in Coppell will enhance the quality of life for our families, which will allow them to enjoy fitness together and increase their sense of community. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim "COPPELL A F.I.T. CITY, USA" IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of December 2003. _______________________________ Douglas N. Stover, Mayor ATTEST: _________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: December 9, 2003 ITEM #: 6 AGENDA REQUEST FORM ITEM CAPTION: Report by the Library Board. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardreport DATE: December 9, 2003 ITEM #: 7 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Secretary DATE: December 9, 2003 ITEM #: 8/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: November 11, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes cm111103 Page 1 of 9 MINUTES OF NOVEMBER 11, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 11, 2003, at 5:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Council Communication and Work Program. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding sale of land west of Coppell Road and south of Bethel Road. Mayor Stover convened into Executive Session at 5:35 p.m. as allowed under the above- stated article. Mayor Stover adjourned the Executive Session at 5:46 p.m. and opened the Work Session. cm111103 Page 2 of 9 WORK SESSION (Open to the Public) 4. Convene Work Session A. Discussion regarding the use of motorized and electric scooters on city streets, sidewalks and trails. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 5. Invocation. Pastor Wayne McDonald, Metrocrest Community Church led those present in the Invocation. 6. Pledge of Allegiance. Coppell Boy Scout Pack 857, Den 4 from Denton Elementary, held a Flag Ceremony and led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation honoring all veterans of the armed services, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Sgt. Lover and Lt. Watson. Action: Councilmember Faught moved to approve a Proclamation honoring all veterans of the armed services, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 8. Consider approval of the 03-04 Parks, Recreation and Open Space Master Plan Priority List as recommended by the Park Board. Presentation: Victor Burke, Chairman, Parks and Recreation Board, made a presentation to Council. cm111103 Page 3 of 9 Action: Councilmember York moved to approve the 03-04 Parks, Recreation and Open Space Master Plan Priority List as recommended by the Park Board. Councilmember Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 9. Citizen's Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: October 28, 2003. B. Consider approval of an ordinance amending Chapter 6-5 Special Events and repealing Ordinance No. 93604, Resolution No. 092794.1, and Ordinance No. 97785 each in its entirety and authorizing the Mayor to sign. C. Consider approval of the 2003-04 Officers for the Coppell Recreation Development Corporation as elected by unanimous decision of the CRDC at the October meeting. D. Consider approval of the amended By-laws of the Planning Commission. E. Consider approval for the purchase of eight vehicles (six replacements, and two additional for the Parks, Police and Water Utilities Departments) utilizing the Houston Galveston Area Council interlocal agreement in the amount of $157,405.00, as budgeted; and authorizing the City Manager to execute necessary documents. Land Use and Development F. Consider approval of an Ordinance for Case No. PD-176R3, Bethel Road Estates, Phase II, zoning change from PD-176R2 (Planned Development-176 Revision 2) to PD-176R3 (Planned Development-176 Revision 3), to reduce two lots to one to allow the development of one cm111103 Page 4 of 9 single-family home on 1.04 acres of property located along the north side of Bethel Road approximately 120 feet east of Hearthstone Lane, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. S-1189R, Miss Julie’s Southern Sweets, zoning change request from C-S-1189 (Commercial, Special Use Permit-1189) to C-S-1189R (Commercial, Special Use Permit-1189 Revised), to revise the current daily hours of operation of 5 a.m. to 5 p.m. for the Donut Shop to 5 a.m. to 12 noon, and to allow for the retail sale of bakery items for Miss Julie’s Southern Sweets from 12 noon to 8 p.m., within the existing approximate 973 square-foot restaurant located at 205 N. Denton Tap Road, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. S-1209, Kolache Depot Bakery, zoning change request from C (Commercial) to C-S-1209 (Commercial, Special Use Permit-1209), to allow the operation of an approximate 1,200 square-foot bakery and restaurant located at 761 S. MacArthur Blvd., Suite 113, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, answered questions from Council on Item 10E. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 2003-1065, C, D, E, F carrying Ordinance No. 91500-A-356, G carrying Ordinance No. 91500-A-357, and H carrying Ordinance No. 91500-A-358. Councilmember Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. Consider approval of the Northlake 635 Business Park, Lot 2, Block B (PSINet, Addition, Lot 1, Block 1), Site Plan Amendment, to amend the Site Plan to allow for a covered structure to be erected over an existing parking area on the west side of the site located at 1333 Crestside Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. cm111103 Page 5 of 9 Action: Councilmember Tunnell moved to approve Northlake 635 Business Park, Lot 2, Block B (PSINet, Addition, Lot 1, Block 1), Site Plan Amendment, to amend the Site Plan to allow for a covered structure to be erected over an existing parking area on the west side of the site located at 1333 Crestside Drive. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 12. Consider approval of the Freeport North, Lot 3, Block 3 (Dexas), Site Plan, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the northwest corner of Creekview and Royal Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Faught moved to approve the Freeport North, Lot 3, Block 3 (Dexas), Site Plan, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the northwest corner of Creekview and Royal Lane subject to the following conditions: 1. Submit for approval by the Engineering Department final design details on the proposed left-turn only median opening. Indicate dimensions, storage lengths, transitions, etc. Additional storage may be required; and 2. Ensure that the curb return for the drive on Royal Lane is not in conflict with the existing recessed curb inlet. The curb return cannot begin within the pavement transition of the recessed inlet. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of the Freeport North, Lot 3, Block 3 Addition (Dexas), Replat, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the northwest corner of Creekview and Royal Lane. cm111103 Page 6 of 9 Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve the Freeport North, Lot 3, Block 3 Addition (Dexas), Replat, to allow the development of an approximate 167,093 square-foot office/warehouse on 12.14 acres located at the northwest corner of Creekview and Royal Lane subject to the following condition: 1. Additional easements may be required after further engineering review. Mayor Pro Tem Peters seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 14. Consider approval of an ordinance to amend Ordinance No. 94680, in part, by adding a seasonal increasing block rate to promote water conservation, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Chad Beach, Assistant Finance Director, made a presentation to Council. Action: Councilmember Raines moved to approve Ordinance No. 2003-1066 amending Ordinance No. 94680, in part, by adding a seasonal block rate to promote water conservation, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 15. Consider approval of the purchase of upgraded equipment for the Communication Systems Center in the Coppell Police Department at an approximate cost of $146,000 to be funded out of the E-911 Fund; and authorizing the City Manager to sign. cm111103 Page 7 of 9 Presentation: Jim Witt, City Manager, made a presentation to Council. Captain Goolsby answered questions from Council. Action: Councilmember Suhy moved to approve the purchase of upgraded equipment for the Communication Systems Center in the Coppell Police Department at an approximate cost of $146,000 to be funded out of the E-911 Fund; and authorizing the Mayor to sign. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 16. Consider approval to reconsider Ordinance No. 2003-1063 amending the Code of Ordinances by amending Chapter 9, Article 902, Fence Regulations, by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain- link fence, in residentially-zoned districts; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember York moved to postpone this item until the January 13, 2004 City Council meeting. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 17. Consider approval of a resolution casting a vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Tunnell moved to approve Resolution No. 2003-111103.1 casting a vote for Sharon Barbosa-Crain as the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Councilmember Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and cm111103 Page 8 of 9 Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 18. Necessary action resulting from Work Session. There was no action necessary under this item. 19. City Manager's Report. A. Retail Center Overview. A. Jim Witt, City Manager, updated Council on the International Council of Shopping Centers Regional meeting that he attended in San Antonio. 20. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. North Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisory Commission - Councilmember Raines. A. There was nothing to report on this item. B. Councilmember York reminded everyone that the Coppell High School Football team will be participating in the High School Football Play-offs, 4:00 p.m., Saturday November 15th against South Grand Prairie, Texas. C. Councilmember York invited all Councilmembers, City Manager, and Deputy City Manager to attend the Coppell Seniors Thanksgiving Dinner on Saturday, November 29th at 12:00 p.m. D. Mayor Pro Tem Peters reported on the Dallas Regional Mobility Coalition meeting she attended. E. There was nothing to report on this item. cm111103 Page 9 of 9 F. There was nothing to report on this item. G. Councilmember Brancheau announced that Metrocrest Social Services will hold their Annual Retreat next Friday. H. There was nothing to report on this item. I. Councilmember Tunnell announced that North Texas Commission will hold a New Member’s Reception at the DFW Harvey Hotel next Thursday. J. There was nothing to report on this item. K. There was nothing to report on this item. L. There was nothing to report on this item. M. There was nothing to report on this item. 21. Necessary Action Resulting from Executive Session. There was no action necessary on this item. There being no further business to come before the City Council, the meeting was adjourned. ___________________________ Douglas N. Stover, Mayor ATTEST: _______________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: December 9, 2003 ITEM #: 8/B AGENDA REQUEST FORM ITEM CAPTION: Consider accepting resignation of Douglas Glanz from the Library Board. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardresignation DEPT: City Secretary DATE: December 9, 2003 ITEM #: 8/C AGENDA REQUEST FORM ITEM CAPTION: Consider appointing Soji John as a Regular member to the Library Board - term to expire October, 2004 and David Smith as an Alternate member to the Library Board - term to expire October, 2005. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardappointment-1AR DEPT: Parks and Recreation DATE: December 9, 2003 ITEM #: 8/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of award of Bid No. Q-1003-01 for annual contracts for purchase of fertilizer and chemicals to Estes Inc., Justin Seed and Helena Chemical Co., as provided and highlighted on Bid Tabulation Q-1003-01,and as budgeted, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: The 2003-04 Budget contains $83,098 for the purchase of fertilizers and chemicals for parks, athletic fields, municipal grounds and rights-of-ways. These products are applied for the control of undesirable weeds, fire ants and other pests, diseases that may encroach on these areas, and to promote the health of plant materials. Bid number Q-1003-01 for Fertilizer and Chemicals has been reviewed and staff recommends Estes, Inc., Justin Seed and Helena Chemical Co. be awarded annual contracts for the supply of these materials. Please see the attached Bid Tabulation for a complete listing of the vendors and materials for which they are recommended to supply under these annual contracts. FINANCIAL COMMENTS: Funds for this contract have been budgeted in the various departmental chemical accounts. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Chemical Award-1AR PARKS AND RECREATION DEPARTMENT City Council Agenda Item To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: December 9, 2003 Re: Consider approval of award of Bid No. Q-1003-01 for annual contracts for purchase of Fertilizer and Chemicals to: Estes Inc., Justin Seed and Helena Chemical Co. as budgeted, and authorizing the City Manager to sign the resulting contracts. Background: The 2003-04 Budget contains $83,098 for the purchase of fertilizers and chemicals for Parks, athletic fields, municipal grounds and rights-of-ways. These products are applied for the control of undesirable weeds, fire ants and other pests, diseases that may encroach on these areas, and to promote the health of the turf grasses. Bid number Q-1003-01 for Fertilizer and Chemicals has been reviewed and staff recommends the following vendors be awarded annual contracts for the supply of these materials. Recommended Vendor Item Unit Price Estes, Inc. See Attached See Attached Justin Seed See Attached See Attached Helena Chemical Co. See Attached See Attached The Parks and Recreation Department has approximately $83,098 budgeted this year for the supply of these fertilizers and chemicals in the following Divisions: Division Line Item Budgeted Amount Parks 2050 chem sup $56,565 Right-of-Way 2050 chem sup $13,635 Ballfield Maint. 2050 chem sup $12,898 TOTAL BUDGETED $83,098 Six vendors submitted bids on select fertilizers and chemicals. It is recommended that the three vendors listed above be awarded the annual contract for items on which they provided the lowest bid. City Council Action Requested: Award Bid No. Q-1003-01 for Fertilizers and Chemicals as recommended above. BR/gm Quantity Description Unit Measure Price Unit Measure Price Unit Measure Price Unit Measure Price Unit Measure Price Unit Measure Price603-1-2 Ratio, 87% Sulphur Coated ureaTons 386 Tons No Bid Tons No Bid Tons $242.00 Tons $320.00/ton Tons $535.55N/A Osmocote (No Substitutions) 40 lb. bag No Bid 40 lb. bag No Bid 50 lb. bag $44.50/50 lb. 40 lb. bag No Bid 50 lb. bag $43.60/bag* 40 lb. bag No BidN/A15-5-10 w/9% Sulphur, Quick Release50 lb. bag $4.95/bag 50 lb. bag No Bid 50 lb. bag $4.95 50 lb. bag $4.68/bag 50 lb. bag $5.30/bag* 50 lb. bag $4.73N/A 21-0-0 Quick Release50 lb. and 1000 lb. bag$4.75/bag50 lb. and 1000 lb. bagNo Bid50 lb. and 1000 lb. bag$4.95/50 lb.50 lb. and 1000 lb. bag$10.7550 lb. and 1000 lb. bag$5.35/bag*50 lb. and 1000 lb. bag$4.67N/A 10-5-20 (Winterizer) 50 lb. bag $4.95/bag 50 lb. bag No Bid 50 lb. bag $6.50 50 lb. bag $5.04/bag 50 lb. bag $5.45/bag* 50 lb. bag $4.67N/A15-5-10 w/9% Sulphur, Quick Release1 Ton $198.00/ton 1 Ton No Bid 1 Ton $218.40 1 Ton $180.00/ton 1 Ton $215.00/ton 1 Ton $189.90N/A 21-0-0 Quick Release 1 Ton $190.00/ton 1 Ton No Bid 1 Ton $218.40 1 Ton $193.00/ton 1 Ton $195.00/ton 1 Ton $186.60N/A 10-5-20 (Winterizer) 1 Ton $198.00/ton 1 Ton No Bid 1 Ton $265.00 1 Ton $193.00/ton 1 Ton $190.00/ton 1 Ton $186.60N/A 22-2-5, .86% Pendlimethlin 50lb. Or 1 ton $484.00/ton 50lb. Or 1 ton No Bid 50lb. Or 1 ton $11.44/50 lb.* 50lb. Or 1 ton No Bid 50lb. Or 1 ton $14.30/50lb.* 50lb. Or 1 ton $478.80N/A 0-0-13, .86% Pendlimethlin 50lb. Or 1 ton $401.00/ton 50lb. Or 1 ton No Bid 50lb. Or 1 ton $10.62/50lb.* 50lb. Or 1 ton No Bid 50lb. Or 1 ton $10.25/50lb.* 50lb. Or 1 ton $390.00N/A10-0-20 Estate w/Surflan and Gallery50lb., 1000lb. Or 1 ton$38.10/bag50lb., 1000lb. Or 1 tonNo Bid50lb., 1000lb. Or 1 ton$38.00/50lb.50lb., 1000lb. Or 1 tonNo Bid50lb., 1000lb. Or 1 ton$41.45/50lb.*50lb., 1000lb. Or 1 tonNo BidN/A 15-5-10 SCU, 87% SCU 1 Ton No Bid 1 Ton No Bid 1 Ton No Bid 1 Ton $277.00 1 Ton $325.00/ton 1 Ton No BidN/A15-5-10 w/9% Sulphur, Quick Release1 Ton No Bid 1 Ton No Bid 1 Ton No Bid 1 Ton $227.00 1 Ton $230.00/ton 1 Ton No BidN/A 21-0-0 Quick Release 1 Ton No Bid 1 Ton No Bid 1 Ton No Bid 1 Ton $221.00 1 Ton $225.00/ton 1 Ton No BidN/A 10-5-20 (Winterizer) 1 Ton No Bid 1 Ton No Bid 1 Ton No Bid 1 Ton $204.00 1 Ton $210.00/ton 1 Ton No Bid120 MSMA 2.5 gallons $34.38 2.5 gallons $40.00 2.5 gallons $36.26 2.5 gallons No Bid 2.5 gallons $39.15 2.5 gallons $32.0080 Trimec 992 2.5 gallons $41.25 2.5 gallons $48.00 2.5 gallons $42.00 2.5 gallons No Bid 2.5 gallons $50.45 2.5 gallons $46.5010Trimec Plus w/MSMA & 2,4D2.5 gallons No Bid 2.5 gallons $78.12 2.5 gallons $70.50 2.5 gallons No Bid 2.5 gallons $79.80 2.5 gallons $81.5010 Finale’ 2.5 gallons $130.25 2.5 gallons $137.50 2.5 gallons $124.00 2.5 gallons No Bid 2.5 gallons $149.10 2.5 gallons No Bid10 Confront 2.5 gallons $250.00 4X1 gallons $100.00/gal. 2.5 gallons $95.10 2.5 gallons No Bid 1 gallon $114.44 2.5 gallons No Bid5 Diazinon (14G) 25 lb. No Bid 25 lb. No Bid 25 lb. No Bid 25 lb. No Bid 25 lb. No Bid 25 lb. No Bid4 (Diazinon (4E) 1 gallon No Bid 1 gallon No Bid 1 gallon No Bid 1 gallon No Bid 1 gallon No Bid 1 gallon No Bid80 Oftanol 40 lb. bag No Bid 40 lb. bag No Bid 45 lb. bag $33.00 40 lb. bag No Bid 40 lb. bag No Bid 40 lb. bag No Bid8 Lindane 20 EC 2.5 gallons No Bid 2.5 gallons No Bid 2.5 gallons No Bid 2.5 gallons No Bid 2.5 gallons No Bid 2.5 gallons No Bid50 Orthene 1 lb. can $10.45 1 lb. can $10.50 1 lb. can $10.10 1 lb. can No Bid 1 lb. can $12.20 1 lb. can $10.254 Oust 3 lbs container $555.00 3 lbs container $499.20 3 lbs container $516.48 3 lbs container No Bid 3 lbs container $527.00 3 lbs container No Bid35 Gallery 1 lbs container $110.80 1 lbs container $118.00 1 lbs container $110.00 1 lbs container No Bid 1 lbs container $114.50 1 lbs container No Bid30 Barricade 5 lbs container $175.00 5 lbs container $180.00 5 lbs container $172.00 5 lbs container No Bid 5 lbs container $182.50 5 lbs container No Bid3 Manage 1.33 oz. $70.00 1 gallon $75.00 1.33 oz. $72.45 1 gallon No Bid 1.3 oz. $78.40* 1 gallon No Bid20 Image 11.43 oz. $68.25 1 gallon $66.00 11.43 oz. $67.00 1 gallon No Bid 11.43 oz. $78.40 1 gallon $14.3230Blaze-On (Dye Indicator)1 gallon $24.00 2X2.5 gallon $105.62 2.5 gallon $75.36 1 gallon No Bid 2.5 gallons $87.10 2.5 gal $53.35*50 Round-Up Pro 1 gallon $22.00* 2X2.5 gallon $107.50 2.5 gallon $100.50 1 gallon No Bid 2.5 gallons $106.40 2.5 gallon $54.33*20 Rodeo 1 gallon $43.10* 2X2.5 gallon $115.00 2.5 gallon $133.75 1 gallon No Bid 6 oz. $1,295.45 1 gallon No Bid50 Aqua-shade 2.5 gallons $56.40 1 gallon $28.00 1 gallon $38.00 2.5 gallons No Bid 1 gallon $29.40 1 gallon $23.05*80 Cutrine-Plus 1 gallon $14.15 1 gallon $18.50 1 gallon $19.60 1 gallon No Bid 1 gallon $15.25 2.5 gallons $33.05*12 Award 25 lbs. bag $162.50 25 lbs. bag $175.00 25 lbs. bag $157.00 25 lbs. bag No Bid 25 lbs. bag $173.58 25 lbs. bag No Bid72 Orthene 1 lb. can $10.45 1 lb. can $10.50 1 lb. can $10.10 1 lb. can No Bid 1 lb. can $12.20 1 lb. can $10.25*40 Surflan 2.5 gallons $210.50 2.5 gallons $227.50 2.5 gallons $225.00 2.5 gallons No Bid 2.5 gallons $209.25 2.5 gallons No Bid90 Merit 4 lbs. $36.48* 3 lbs. $60.00 3 lbs. $102.00 3 lbs. No Bid 4 lbs. $29.17 3 lbs. No Bid40 Surfactant 1 gallon $8.75* 1 gallon $18.00 1 gallon $7.50 1 gallon No Bid 1 gallon $4.75 1 gallon $6.2925 Nutra-Sol 1 lb. $2.76 1 quart $9.00 1 quart $8.95* 1 quart No Bid 1 quart $3.25 1 quart No Bid* See SpecificationsHelena Chemical Co. Estes, Inc. Justin SeedBID TABULATIONQ-1003-01 (Fertilizer and Chemicals)BWI Companies, Inc. Excel Garden ProductsUAP Southwest DBA UHS Quantity Description Unit Measure Price Unit Measure Price Unit Measure Price Unit Measure Price Unit Measure Price Unit Measure Price46PT-515 Wasp & Hornet Spray16 oz. cans No Bid 16 oz. cans No Bid 16 oz. cans $3.95* 16 oz. cans No Bid 15 oz. cans $24.80 16 oz. cans No Bid48 Defoamer Additive 1 quart $5.00 1 quart $7.95 1 quart $9.90* 1 quart No Bid 1 quart $3.25 2.5 gallon $26.665Primo (Growth Regulator)1 gallon $354.95 1 gallon $385.00 1 gallon $346.00 1 gallon No Bid 1 gallon $385.00 1 gallon No Bid1 Cleareyes 3336 2lb $39.70 2lb $40.00 2lb $36.20 2lb No Bid 2lb $40.20 2lb No Bid2 Banner 1 gallon $279.95 1 gallon $290.00 1 gallon $271.00 1 gallon No Bid 1 gallon $300.00 1 gallon No Bid2 Daconil Weatherstik 2.5 gallon $168.25 2.5 gallon $165.63 2.5 gallon $116.90 2.5 gallon No Bid 2.5 gallon $165.63 2.5 gallon $139.0010 Atrimec 1 gallon $216.00 1 gallon $230.00 1 gallon $207.00 1 gallon No Bid 1 gallon $243.05 Quart $67.506 Kerb 3lb $89.25 3lb $105.00 3lb $96.00 3lb No Bid 3lb $103.40 3lb No Bid20 Teniloz Quart No Bid Quart No Bid Quart No Bid Quart No Bid Quart No Bid Quart No Bid10 Spimax 2.5 gallon $60.00* 2.5 gallon No Bid 2.5 gallon $55.00 2.5 gallon No Bid 2.5 gallon $55.05 2.5 gallon No Bid4 Snapshot 50 lbs. $67.00 1 gallon No Bid 1.25 lbs. No Bid 2 gallon No Bid 50 lb $70.20 2 gallon No Bid4 Plateau 2 gallon $278.80 2 gallon $280.00/gal. 1 gallon $270.00 2 gallon No Bid 2X1.44 oz $78.55 2 gallon No Bid8 Fusilade II 2.5 gallon $320.00 8X1 quart $44.00 2.5 quart $40.00 2.5 gallon No Bid Quart $43.30 2.5 gallon No Bid10 Trimer 992 2.5 gallon $41.25* 2.5 gallon $48.00 2.5 gallon $42.00* 2.5 gallon No Bid 2.5 gallon $50.45 2.5 gallon $46.5010 Pendulum 2.5 gallon $83.75 2.5 gallon $87.50 2.5 gallon $82.80 2.5 gallon No Bid 2.5 gallon $92.00 2.5 gallon $83.3015-5-1050% SCU + 2% Fe++50 lbs. $8.58 50 lbs. No Bid 50 lbs. $5.95/bag 50 lbs. $7.20/bag 50 lbs. No Bid 50 lbs. No Bid15-5-1050% SCU + 2% Fe++1000 lb. Bag $171.50 1000 lb. Bag No Bid 1000 lb. Bag $119.00/50 lb. 1000 lb. Bag $141.50/bag 1000 lb. Bag No Bid 1000 lb. Bag No Bid15-5-1050% SCU + 2% Fe++Bulk pick-up $171.50 Bulk pick-up No Bid Bulk pick-up No Bid Bulk pick-up $244.00/ton Bulk pick-up No Bid Bulk pick-up No Bid15-5-1050% SCU + 2% Fe++Bulk Application No Bid Bulk Application No Bid Bulk Application No Bid Bulk Application $296.00/ton Bulk Application No Bid Bulk Application No BidPrimer Primer $117.50 Primer $250.00/cont. Primer $158.00/2.5 gal. Primer No Bid Primer No Bid Primer No BidJustin Seed BWI Companies, Inc. Excel Garden ProductsUAP Southwest DBA UHS Helena Chemical Co. Estes, Inc. DEPT: Planning DATE: December 9, 2003 ITEM #: 8/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a six-month extension to the expiration date of the Coppell Commerce Center, Lot 1R, Block 3, Replat, to allow the construction of an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at the southeast corner of Burns and Freeport Parkway. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 15, 2003, the Planning Commission unanimously recommended approval of this Replat request (7-0). On June 10, 2003, Council unanimously approved this Replat request (6-0), with no conditions. Please see attached letter dated November 18, 2003, from Adam B. Conway, P.E., of Jones & Carter, Inc. If this request were approved, the Replat would expire June 10, 2004. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @CCC L1R, B3, RPLX (consent) DEPT: Engineering/Public Works DATE: December 9, 2003 ITEM #: 8/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a License Agreement between the City of Coppell and Curtis and Susan Davenport, the owners of the property at 257 Rosemount Court (Lot 3, Block B, The Reserve), to allow the construction of a wall for erosion protection; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this License Agreement will allow for the minor encroachment onto Grapevine Springs Park property to construct an erosion control wall to protect the property at 257 Rosemount Court. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #GrapevineSpringsPk-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: December 9, 2003 RE: Consider approval of a License Agreement between the City of Coppell and Curtis and Susan Davenport, the owners of the property at 257 Rosemount Court (Lot 3, Block B, The Reserve) to allow the construction of a wall for erosion protection; and authorizing the City Manager to sign. On July 26, 1994 the City of Coppell approved an Open Space Use Agreement between the City of Coppell and Dallas County concerning use and maintenance of what is called Grapevine Springs Park south of Bethel Road. This agreement assigned responsibilities to both entities and noted that the administration would be by the City of Coppell for a period not to exceed 99 years. The Open Space Use Agreement was adopted by Dallas County on September 20, 1994. In essence, Grapevine Springs Park is owned by Dallas County but is under the City of Coppell’s use up to the year of 2093. Recently, the homeowner at 257 Rosemount Court approached the City concerning ways to protect his yard, which was showing signs of erosion. In discussions between the property owner and the contractor, it was determined that to provide for a proper wall footing, the wall itself should be founded on the shell near the creek bed of Grapevine Creek. The property owner then approached the City concerning encroachment into Grapevine Springs Park. At that point, the City directed him to Dallas County. The property owner met with Mary Phinney of Dallas County concerning the encroachment and she offered no objections to the slight encroachment into a portion of Grapevine Springs Park. In no way would this encroachment impede the utilization of Grapevine Springs Park. It is on the opposite bank away from the usable area of Grapevine Springs Park. In discussions with the City Attorney, it has been noted that the City of Coppell does have the right to allow the minor encroachment onto the park property under the Open Space Use Agreement. In discussing the best way to handle this, it was determined that a license agreement that has been used in similar situations of encroachment onto City property would be the best mechanism to bring about the construction of the erosion protection for the property at 257 Rosemount Court. In my discussions with the property owner, it was made very clear that the construction of the wall to protect this property would not afford him the opportunity to utilize the area and/or "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" relocate his fence outside his property line. As can be seen on the Section A cross-section, by the time the wall is stair-stepped up it is very near his southern property line. The license agreement requires that plans be submitted and approved by not only the Building Official, but also the City Engineer for the installation of the wall. The license agreement also very specifically states that this agreement is between the City of Coppell and the current property owners at 257 Rosemount Court, Curtis and Susan Davenport. Based on the Open Space Use Agreement of 1994 and the verbal approval from Dallas County and the fact that there will be no material benefit to the property owner, other than the protection of property and that the City of Coppell would bare no cost associated with the erosion protection, the Engineering Department offers no objections to the approval of the license agreement between the City of Coppell and Curtis and Susan Davenport, owners of the property at 257 Rosemount Court. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Bob Hager, City Attorney From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: August 18, 2003 RE: Encroachment into Grapevine Springs Park The City of Coppell has been contacted by a property owner at 257 Rosemount concerning the construction of a retaining wall to protect against erosion occurring adjacent to his property in the Grapevine Springs Park area. In 1994, the City of Coppell entered into an open space agreement with Dallas County concerning the use of Grapevine Springs Park. I am seeking a legal opinion as to whether or not the City of Coppell, acting on its own, has the right to allow an individual to construct a retaining wall within Grapevine Springs Park on property that is technically owned by Dallas County. A representative from Dallas County, Mary Phinney, has indicated to the property owner that Dallas County does not have a problem with the encroachment. However, the open space agreement was approved by Dallas County Commissioners Court and executed by the Mayor of the City of Coppell. I am unsure as to our rights in allowing the encroachment without seeking a modification to the agreement. Upon your review of the agreement, does the agreement allow us the flexibility to allow encroachments on the Grapevine Springs Park property? The property owner is aggressively pursuing this request so any help I can get in expediting your opinion would be appreciated. (60556) STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between the City of Coppell, Dallas County, Texas, a Texas home rule municipal corporation (hereinafter referred to as “City”), and Curtis and Susan Davenport, et ux (hereinafter collectively referred to as “Licensee”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, Licensee desires to place, install, and maintain a retaining wall consisting of Anchor Diamond Pro wall face, compact fill, and draining aggregate (“The Improvements”) in a City park (“The Property”) at or near the residence of Licensee, as more specifically described in Exhibits “A-1” and “A-2,” attached hereto and incorporated by reference herein; and WHEREAS, Licensee desires to construct or caused to be constructed The Improvements within The Property for the purpose of preventing erosion of the land supporting his residence adjacent thereto, i.e., a retaining wall, as more specifically described in Exhibit “B,” attached hereto and incorporated by reference herein; and WHEREAS, Licensee has requested the City allow the use and occupancy of the Property for Licensee to maintain Improvements for such time and under such conditions as specified herein; and WHEREAS, such Improvements will encroach upon Park Property (“Encroachment”) and Licensee has requested the City to allow such Encroachment; and WHEREAS, the pertinent departments within the City have reviewed Licensee’s request and recommend approval thereof, subject to the terms set forth herein; and WHEREAS, the City desires to grant Licensee the privilege to place and maintain “The Improvements” in The Property upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: I. GRANT OF LICENSE 1.1 License to Construct and Maintain. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, and maintain The Improvements on The Property, for the purpose of erosion control and public safety, subject to the terms and conditions contained in this Agreement. (60556) 1.2 Exclusive Use. The Licensee may place, install, and maintain in the The Improvements in The Property to be used exclusively for the purposes of preserving the Licensee’s residence and managing storm water. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. Licensee hereby agrees to submit to the Building Official and to the City Engineer the City plans for the placement, arrangement, and installation of The Improvements. 2.2 Certificate of Compliance. Licensee shall formally certify that The Improvements have been designed in accordance with the City’s storm water management plan, and that The Improvements will not exacerbate flooding downstream. 2.3 Review by City. The City, as provided in Section 2.1, shall review the plans and make modifications to the plans as they, in their sole discretion, consider reasonably necessary or appropriate. 2.4 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become effective when the City has executed the agreement and approved the plans. The Licensee agrees to place, arrange, or install The Improvements in, under, or onto The Property according to the approved plans. The Licensee shall not place, arrange, or install any articles in, under, or onto The Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto The Property at any time and retains the right to modify or amend the plans at any time after the Effective Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE AND PERFORMANCE BOND 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City, its officer, employees, and agents, from any liability or damages any of them may suffer as a result of claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys’ fees, arising out of the use, maintenance, or operation of The Improvements installed by the Licensee. Licensee shall at all times defend, protect and indemnify and it is the intention of the parties hereto that Licensee hold City harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by Licensee, its sub-licensees, agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of City, its officers, employees or agents, and (60556) only then to the extent of the proportion of any fault determined against City for its willful misconduct or negligence. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to ten (10) years from the calendar date of the termination of this Agreement. 3.3 Expenses, Attorneys’ Fees, and Costs. If the City, in the enforcement of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys’ fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys’ fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Interest. The Licensee agrees to pay the City interest at the rate of ten percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of this Agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations to be indemnified by the Licensee hereunder. 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee. 3.7 Construction Insurance. (a) The Licensee agrees to carry and maintain liability insurance during construction of the Improvements to cover the cost of construction of such improvements and shall provide a certificate of insurance from the Licensee or construction company from liability during the construction phase of The Improvements in the amount of $1,000,000. (b) Licensee shall be in substantial compliance with this section by obtaining a certificate of insurance, sufficient to fulfill the foregoing requirements, from any contractor or subcontractor responsible for the construction of The Improvements, and deposits said certificates with the City. Licensee shall at all times defend, protect, indemnify and hold City harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of Licensee, its sub-licensees, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. Licensee shall provide City evidence of public liability and property damage insurance in minimum amounts equal to City’s liability under the Texas Tort Claims Act and such coverage shall include City as an additional insured. (60556) (c) Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code as applicable. (d) Licensee shall at all times defend, protect, indemnify and hold City harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of Licensee, its sub-licensees, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. Licensee shall provide City evidence of public liability and property damage insurance in minimum amounts equal to City’s liability under the Texas Tort Claims Act and such coverage shall include City as an additional insured. 3.8 Mechanic’s liens not permitted. Licensee shall fully pay for all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or materialman’s liens of any nature to be affixed against the property by reason of any work done or materials furnished to the property at Licensee’s instance or request since the same is on public property which is not subject to execution. 3.9 Performance Bond. LICENSEE shall be required to provide a Performance Bond in an amount sufficient to fully pay all labor, contractors, subcontractors and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’s instance or request. IV. ASSIGNMENT 4.1 Nonassignable. This License is personal to the Licensee, until such time as The Improvements are constructed. It is nonassignable prior to construction and any attempt to assign the License, prior to construction, will terminate the License privileges granted to Licensee under this Agreement. 4.2 Written Consent. In the event Licensee desires to assign this License, prior to construction of The Improvements, Licensee must obtain the written consent of the City and Dallas County, acting by and through its Commissioners’ Court. 4.2 Legal Construction. After construction of The Improvements, the provisions and restrictions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors and assigns of Licensee who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. (60556) V. TERMINATION 5.1 Termination. This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. Upon thirty (30) days written notice of termination by the City; c. By City upon failure of Licensee to perform its obligations as set forth in this Agreement; d. By Dallas County and the City abandoning any interest in The Property; or e. By Licensee discontinuing or abandoning the use of The Improvements, or by Licensee removing The Improvements from The Property. 5.2 Notice of Violation. In the event that the City believes that Licensee has not complied with the terms of this Agreement, it shall notify Licensee in writing of the exact nature of the alleged default. 5.3 Action upon termination. At such time as this License may be terminated for any reason whatsoever, Licensee shall remove The Improvements and all appurtenances owned by it or its sub-licensees, situated on The Property and shall restore such property to substantially the condition of the property prior to Licensee’s use, at Licensee’s sole expense. VI. LIMITATIONS 6.1 Restrictions. This License is made expressly subject and subordinate to the right of City to possess and use the property for a public purpose. Licensee acknowledges that the City has relinquished its legal right to the Property, and conveyed such to Dallas County pursuant to the Dallas County Park and Open Space Program. 6.2 Exclusive. This License is for the exclusive use of Licensee during the term hereof, but is subject to any existing or future utility, drainage, or communications facilities located in or to be located in, on, under or upon The Property. 6.3 Environmental Protection. Licensee shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability act of 1980 (“CERCLA”), the Resource Conservation and Recovery Act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. Licensee warrants that the use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps (60556) necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by Licensee. Licensee shall indemnify and hold City harmless against all costs, environmental clean up to the property and surrounding City property resulting from Licensee’s use of the property under this License. VII. GENERAL PROVISIONS 7.1 Governing Law. This validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Texas. Venue for any action shall be in Dallas County, Texas. 7.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 7.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 7.4 Entirety of Agreement. This Agreement, together with the preliminary recitals and Exhibits A-1, A-2, B, and C attached hereto and incorporated by reference herein, constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 7.5 Headings. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 7.6 Sole Benefit. Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and Licensee, and for the benefit of no other person, firm, or entity. 7.7 Attorney’s fees. Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney’s fees from the non- prevailing party. 7.8 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given if sent by (60556) certified mail, return receipt requested, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. EXECUTED this ______ day of _________________, 2003. CITY OF THE COPPELL, TEXAS By: ___________________________ Jim Witt, City Manager ATTEST: By: ______________________________ Libby Ball, City Secretary APPROVED AS TO FORM: ___________________________ Robert E. Hager City Attorney CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas home rule municipal corporation, on behalf of said municipality. __________________________________ Notary Public, State of Texas My Commission Expires: _____________ (60556) EXECUTED this ______ day of ____________, 2003. LICENSEE _________________________________ ______________________________ Curtis Davenport Susan Davenport ATTEST: ATTEST: _________________________________ ______________________________ Name Name Title Title APPROVED AS TO FORM: ________________________ Counsel for Licensee (60556) LICENSEE’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on this _______ day of _________, 2003, by Curtis Davenport, Licensee. _________________________________ Notary Public, State of Texas My commission expires: _____________ LICENSEE’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on this _______ day of _________, 2003, by Susan Davenport, Licensee. _________________________________ Notary Public, State of Texas My commission expires: _____________ (60556) EXHIBIT A-1 LEGAL DESCRIPTION OF DAVENPORT PROPERTY LOT 3, BLOCK B THE RESERVE 257 ROSEMOUNT COURT, COPPELL, TEXAS 75019 AS ORIGINALLY FILED FOR RECORD ON DECEMBER 27, 1999 VOL 99249 PAGE 0023 AND REVISED BY MINOR AMENDING PLAT OF THE RESERVE AS FILED FOR RECORD ON SEPTEMBER 18, 2003 VOL 2003185 PAGE 001 DEPT: Finance DATE: December 9, 2003 ITEM #: 8/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to recreational fees, special event fees, trap fees, returned check charge, residential roll-off dumpster fee and water conservation rates, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This is the semi-annual update of the fees charged by the City for services provided. As part of the City’s customer service philosophy, the deposits on traps are being eliminated. Effective September 1, 2003, HB 249 has raised the limit that can be charged for returned checks to $30.00. According to Ordinance No. 2002-1015, a fee needs to be added for a residential roll off dumpster. It is recommended that this fee be set at $20.00. The recreational fees being amended are an expansion of the Clinic/Camps/Tournament Category. In the Special Events area, two new fees are being added 1) Expedited Review Fee and 2) Dedicated Signal Technician. The final change to the fee resolution is for the Water Conservation block rates that were presented on November 11, 2003. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $MasterFee-1AR 1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 0109963, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING THE WATER RATES, IN PART, BY ADDING FEES TO SECTION 3-1-5 FOR THE WATER CONSERVATION RATES; BY AMENDING THE ROLL OFF CONTAINERS, IN PART, BY ADDING FEES TO SECTION 3-5-11 FOR RESIDENTIAL ROLL OFF CONTAINER PERMITS; BY AMENDING THE ANIMAL CONTROL, IN PART, BY DELETING REFERENCE TO THE TRAP LOAN SECTION; BY AMENDING THE OTHER FEES, IN PART, BY PROVIDING FEES FOR INSUFFICIENT FUNDS; THE RECREATIONAL FEES, IN PART, BY AMENDING SUBSECTION (3) BY PROVIDING FEES FOR ADDITIONAL TOURNAMENTS AND CLINICS; BY AMENDING SUBSECTION (6), SPECIAL EVENT FEES, TO PROVIDE FOR A DEDICATED SIGNAL TECHNICIAN AND AN EXPEDITED REVIEW FEE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and delete others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Master Fee Schedule section entitled “Water Rates” be amended, in part, to read as follows: Section 3-1-5, Water Rates (Monthly) Residential ….. Conservation Water Rate June 1 – September 30 First 1,000 gallons (minimum) $12.00 1,001-25,000 gallons $ 2.60 per 1000/gallons 25,001 + $ 3.25 per 1000/gallons 2 Commercial ….. SECTION 2. That the Master Fee Schedule section entitled “Roll-off Containers” be amended, in part, to read as follows: Section 3-5-11 Roll-off Containers ….. Residential Roll-off Container Permit $20.00 ….. SECTION 3. That the Master Fee Schedule section entitled “Animal Control” be amended, in part, to read as follows: Miscellaneous Fees 1) Any other costs incurred by the City and not included in the above may be charged to the owner or adopting party. ….. SECTION 4. That the Master Fee Schedule section entitled “Other Fees” be amended, in part, to read as follows: Other Fees 1) Insufficient Funds Fee $30.00 2) ….. SECTION 5. That the Master Fee Schedule section entitled “Recreational Fees” be amended, in part, to read as follows: Recreational Fees 2) ….. 3 3) Clinics, Camps, or Tournaments Each sports association is entitled to one free clinic or tournament per season. Any additional clinics or tournaments will be charged at the following rates: a) Clinics/Camps 20% of gross receipts b) Tournaments $25.00 per game/unlighted field $50.00 per game/lighted field 4) ….. 6) Special Event Fees ….. Expedited Review Fee $100.00 Dedicated Signal Tech Current overtime rate (minimum 2 hours) SECTION 6. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 7. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution 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 Resolution as a whole. SECTION 8. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. 4 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ______________________, 2003. APPROVED: __________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: __________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT E. HAGER, CITY ATTORNEY City of Coppell Fee Changes Council Meeting 12-09-03 Fee Current New Conservation Water Rates June 1 - September 30 First 1,000 gallons (minimum) N/A $12.00 1,001 - 25,000 gallons N/A $2.60 per 1,000 gallons 25,000 + gallons N/A $3.25 per 1,000 gallons Residential Roll-off Container Permit N/A $20.00 Miscellaneous Fees 1) Trap Deposits Small Animal $25.00 Deleted Large Size Trap $75.00 Deleted 2) Any other fees Was statement 2) Now becomes 1) Other Fees Insufficient Funds $25.00 $30.00 Recreational Fees Tournaments 20% of gross receipts $25.00 per game/unlighted fields $50.00 per game/lighted fields Special Events Fees Expedited Review Fee N/A $100.00 Dedicated Signal Tech N/A Current overtime rate (minimum 2 hours) DEPT: City Management DATE: December 9, 2003 ITEM #: 8/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Somera Communications Sales, Inc., and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement request on October 1, 2003. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $Somera-1Agenda Req 1 60981 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND SOMERA COMMUNICATIONS SALES, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas and Somera Communications Sales, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1.The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2.The City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3.The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4.The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 60981 SECTION 5.The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6.This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7.This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2003. CITY OF COPPELL, TEXAS ___________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ ROBERT E. HAGER, CITY ATTORNEY (PGS/scs 12/02/03) SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 1 59776 STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This tax abatement agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), duly acting herein by and through its Mayor and Somera Communications Sales, Inc. (“Owner”) acting by and through its authorized officer. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 38 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner has or intends to lease approximately 259,000 square feet of office/warehouse space in AmberPoint Phase One, located at 301 Northpoint Drive, Coppell, Texas (hereinafter defined as the “Improvements”) and intends to locate Tangible Personal Property (hereinafter defined) as the Improvements; and WHEREAS, the City and AmberPoint at Coppell, L.L.C. (“AmberPoint”) previously entered into that certain Tax Abatement Agreement for the Improvements; and WHEREAS, the development efforts described herein will create and/or have created permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Improvements and the contemplated Tangible Personal Property to be added to the Improvements, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 2 59776 WHEREAS, the City Council finds that the Improvements and the Tangible Personal Property sought are feasible and practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and WHEREAS, the City desires to enter into an agreement with Owner, the proposed lessee of the Improvements, and the owner or lessee, of Tangible Personal Property to be added to the Premises within the Zone for the abatement of taxes pursuant to the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the lessee or intends to lease the Improvements located on the real property described in Exhibit “A” attached hereto (the “Land” hereinafter defined), which Land is located within the City and the Zone; and intends to locate and maintain Tangible Personal Property in the Improvements. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 4. The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the Tax Abatement Guidelines, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years. The actual percentage of the Taxable Value of the tangible personal property subject to abatement will apply only to the tangible personal property added to the Premises after this Agreement is executed. SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 3 59776 7. The period of tax abatement herein authorized shall be for a period of five (5) years beginning the First Year of Abatement, unless sooner terminated as provided herein. 8. During the period of tax abatement herein authorized, Owner shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. “Base Year” shall mean the year in which this Agreement is executed (2003). B. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against a party and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. “First Year of Abatement” shall mean January 1, 2004. D. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of Owner), fires, explosions or floods, strikes, slowdowns or work stoppages. E. “Improvements” shall mean construction on the Land and as further described herein. F. “Land” shall mean the real property described in Exhibit “A” attached hereto and incorporated herein for all purposes. G. “Premises” shall collectively mean the Land and Improvements but excluding the Tangible Personal Property. H. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 4 59776 I. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures other than inventory or supplies owned or leased by Owner that is added to the Premises subsequent to the execution of this Agreement. IMPROVEMENTS 10. Owner has leased or intends to lease from AmberPoint approximately 259,000 square feet of office/warehouse space in AmberPoint Phase One located at 301 Northpoint Drive, Coppell, Texas (the “Improvements”) for a period of at least seven (7) years beginning no later than the First Year of Abatement. Owner agrees to locate and maintain Tangible Personal Property at the Improvements with a Taxable Value of at least One Million Four Hundred Thousand Dollars ($1,400,000) as of the First Year of Abatement and as of January 1 of each calendar year thereafter this Agreement is in effect. Nothing in this Agreement shall obligate Owner to lease the Improvements on the Land, or to locate the Tangible Personal Property at the Improvements, but said actions are conditions precedent to tax abatement pursuant to this Agreement. OCCUPANCY OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the occupancy of the Improvements on or before December 31, 2003, as good and valuable consideration for this Agreement, provided, that Owner shall have such additional time to occupy the Improvements as may be required in the event of “Force Majeure,” if Owner is diligently and faithfully pursuing occupancy of the Improvements. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as an office/warehouse facility for a period of seven (7) years commencing on the First Year of Abatement. 13. The City, its agents and employees shall have the right of access to the Improvements during the term of this Agreement to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner’s visitor access and security policies, in order to insure that the Improvements are being used in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). GENERAL REQUIREMENTS 14. Owner shall, prior to May 1 of each calendar year that this Agreement is in effect, certify to the City that it is in compliance with each term of the Agreement. 15. Owner agrees that during the term of this Agreement that the Improvements shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 5 59776 16. Owner agrees subject to events of Force Majeure and Casualty to continuously lease and occupy the Improvements for a period of seven (7) years commencing no later than the First Year of Abatement. DEFAULT: RECAPTURE OF TAX REVENUE 17. In the event Owner: (i) fails to occupy the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided such party retains its right to timely and properly protest such taxes or assessment); (iii) has an “Event of Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement, then such Owner, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien on the Tangible Personal Property and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 18. Upon breach by Owner of any obligations under this Agreement, the City shall notify Owner in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the violation must be cured. 19. If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement by written notice to Owner. 20. Upon termination of this Agreement by City, all tax abated as a result of this Agreement shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is made. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by Owner with respect to the Tangible Personal Property as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 6 59776 ANNUAL APPLICATION FOR TAX EXEMPTION 21. It shall be the responsibility of Owner pursuant to the Tax Code to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. SUCCESSORS AND ASSIGNS 22. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement may be assigned with the consent of the City Manager. After any permitted assignment, all references to Owner herein shall thereafter be a reference to Owner’s successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 23. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for Owner, to: Attn: Kara Boling Somera Communications Sales, Inc. 5383 Hollister Avenue Santa Barbara, CA 93111 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 7 59776 CITY COUNCIL AUTHORIZATION 24. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 25. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. APPLICABLE LAW 26. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 27. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. ENTIRE AGREEMENT 28. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. RECORDATION OF AGREEMENT 29. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 30. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXHIBITS 31. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 8 59776 32. This Agreement and the tax abatement provided herein is expressly subject to Owner entering into a lease of the Improvements prior to December 31, 2003. EXECUTED in duplicate originals this the ____ day of ________, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: By: _______________________________________ LIBBY BALL, CITY SECRETARY AGREED AS TO FORM: By: ROBERT E. HAGER, CITY ATTORNEY EXECUTED in duplicate originals this the ____ day of ________, 2003. SOMERA COMMUNICATIONS SALES, INC. By: _______________________________________ Name: _____________________________________ Title: ______________________________________ SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 9 59776 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Douglas Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ SOMERA COMMUNICATIONS SALES, INC. TAX ABATEMENT AGREEMENT - Page 10 59776 OWNER’S ACKNOWLEDGMENT STATE OF CALIFORNIA § § COUNTY OF _______________ § This instrument was acknowledged before me on the _______ day of ___________, 2003, by __________________________ being the __________________________ of Somera Communications Sales, Inc., on behalf of said corporation. Notary Public, State of California My Commission Expires: EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY DEPT: Planning DATE: December 9, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-197R, Old Coppell Townhomes, Detail Site Plan, zoning change request from PD-197-HO-TH-1/C (Historic Overlay-Townhouse–1/Commercial) to PD-197R-HO-TH-1/C (Planned Development-197 Revised-Historic Overlay-Townhouse-1/Commercial) to attach a Detail Site Plan to allow the development of 19 townhouses and a recreation area on approximately 2.9 acres of property located along the east side of Coppell Road, north of Bethel Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: November 20, 2003 Decision of P&Z Commission: Approval (6-0) with Commissions McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Indicate on elevations which paint colors apply to which units. 2) Show plans and dimension of rooms for each unit. 3) Provide details on location and design of mailboxes. 4) Provide detailed drawings of arbor structure, including dimensions, building materials, colors, etc. 5) Extend the new wood board-on-board screening fence along the entire length of the east property line. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @1PD-197R, OCT SP 1-AR Item #4 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-197R, Old Coppell Townhomes, Detail Site Plan P & Z HEARING DATE: November 20, 2003 (Continued from the P&Z Meeting of October 16, 2003) C.C. HEARING DATE: December 9, 2003 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: East side of Coppell Road; north of Bethel Road; approximately 600 feet south of Cooper Lane. SIZE OF AREA: 3.81 acres of property (of which approximately 2.9 acres comprises the Detail townhouse and recreation area). CURRENT ZONING: PD-197-HO-TH-1/C (Planned Development-197, Historic Overlay- Townhouse-1/Commercial). REQUEST: PD-197R-HO-TH-1/C (Planned Development-197 Revised-Historic Overlay-Townhouse-1/Commercial) to attached a Detail Site Plan to construct 21 single-family units (19 townhouses and 2 freestanding residences), a recreation area, and 2 commercial buildings. The Detail Plan relates to the townhouse and recreational buildings only. The two freestanding residences and commercial buildings will require Detail Site Plan approval at a later date. APPLICANT: Kurt Jones Owner: 117 Cascade Way R. L. Robertson, L.L.C. Coppell, TX. 75019 569A South Coppell Road (214) 632-6684 Coppell, TX 75019 FAX: (972) 735-9976 Item #4 Page 2 of 6 HISTORY: This property has been zoned Historic Overlay for quite some time. There has been recent development activity on the subject property, including the Old Coppell Master Plan, which was discussed and accepted by City Council in April of 2002. In August of 2002, Council questioned the residential component of that Plan, particularly as it related to the D/FW Airport flight patterns and noise concerns. In December Council and the Planning Commission held a joint workshop to discuss the noise issue, among others. On May 13, 2003, Council amended the land use component of the 1996 Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the Old Coppell Master Plan and as recommended in April by the Planning Commission. In July the current applicant applied for and was granted a Conceptual Planned Development for construction of 19 townhouses and 2 freestanding residences, a recreational area, and two commercial buildings on the 3.8 acre tract. The applicant is now requesting a detailed PD on the parcel to develop the residential property (to include only 19 townhomes and the recreation area). On October 16, the Planning Commission denied this Detail Site Plan and continued the case to the November hearing. The reason for the denial was to gain more information regarding the elevations of the townhouses, assuring that they had a historic appearance. TRANSPORTATION:Coppell Road is an unimproved, two-lane asphalt street contained within a 50- to 60-foot right-of-way. It is projected to be improved to a concrete two-lane undivided road within 60-feet of right-of-way with construction beginning in mid-2005. SURROUNDING LAND USE & ZONING: North- single-family residential; PD-SF7 South – commercial; HO-C East - single-family; PD-SF-7 West – light industrial; PD-LI COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Historic District classification to include small-scale residential/retail/office/commercial uses. In April of 2002, the Old Coppell Master Plan recommended comparable uses with more detailed residential application on the subject property. Item #4 Page 3 of 6 DISCUSSION: When the Concept Plan for this property was submitted, we discussed several issues related to the application, including the use and its conformance to the Comprehensive Plan; the development recommendations of the Old Coppell Master Plan; the issue of noise and its impact on the residential component of the request; details regarding signage, street furniture, lighting, pavement elements, among others. This application conforms to both the Comprehensive Plan and the Old Coppell Master Plan as far as land use is concerned. Where staff had a minor problem was with the density of the proposal, suggesting a reduction in unit count by three. We would comment that the Plan called for approximately 29 single-family units, 13 townhouses and a total of 81 living units (roughly ½ would be living units above retail below). This proposal calls out 19 townhouses and 2 freestanding single-family structures. Both the Commission and Council elected to approve the plan as submitted, and staff’s density concern was not an issue. The Detail Plan calls for construction of McNear and Mobley Streets, two three-unit townhouse structures, for a total of six townhouses, and construction of the gazebo and pool area. A new six-foot board-on-board cedar fence is proposed to replace an existing fencing on the west, north and east sides of the PD. In reviewing the Concept Plan our attention was directed to the details of the plan and included topics such as design of street lights, pavement texturing, house numbers, street furniture, and the like. An early concern related to a need for more specificity regarding design details to show what this project would actually look like -- it would set the pattern for future developments coming into the area. Elements such as street furniture, the use of materials other than concrete for sidewalks, curb design, street lighting fixtures, custom street name blades and address numbers were pointed out as items that needed to be carefully thought out to ensure a unique development resulted. The applicant provided a listing of “Old Coppell Master Plan Design Elements” (see attachment) which addressed these concerns from a conceptual level. Specifics still need to be provided for some of these design elements, including the provision of wooden benches and design of trash receptacles and their locations. We presume the arbor design for Lot X4 included with the Concept Plan is still Item #4 Page 4 of 6 valid although no drawings were submitted with the Detail Plan. Elevations of the arbor (which will be 17 feet by 17 feet) were submitted with the revised townhouse elevations. Benches and trash receptacles will be provided in the recreation area and are not a major design element concern any longer. We also had discussion regarding aircraft noise and its affect on the proposed residences. That issue was resolved when it was concluded that the 65 Ldn contour was well west of any proposed residential unit being considered. In addition, there was concern raised regarding the plan of development for the commercial lots at the west end of the development. We now have a generalized footprint of those commercial uses, and based upon the location of the buildings and the parking lots (the buildings hugging Coppell Road, the parking behind the buildings), we remove our site plan concerns but need clarification as to when the commercial parking lots will be provided. The applicant has indicated that these parking lots will be provided when the commercial sites are developed. In reviewing the applicant’s requested land use and the use proposed by the Old Coppell Master Plan, we find compliance with the Plan. The elevations of the proposed residential units generally fit the period architecture suggested by our consultant. The street pattern is almost identical to the one laid out in the study. The commercial uses shown at the entry to the subdivision, with the 15-foot front yard setback and parking proposed to be located behind the buildings, were ideas endorsed and emphasized by the Old Coppell Plan. The use proposed would eliminate an unsightly materials storage yard, which currently backs-up to a very solid single- family development, and response from that neighborhood has welcomed the proposed change. We have now received revised elevations of the townhouse structures, as well as details on the arbor to be built in the project. These elevations closely relate to the design suggestions developed by the committee. Square footages of the units range from 1,560-square feet to over 3,000- square feet. Four of the elevations (B, C, D, and E) are almost identical to the committee’s suggestions. Item #4 Page 5 of 6 Finally, as indicated to staff, the six-foot board-on-board cedar-screening fence will be constructed on the west, north and east sides of Phase One development. The remainder of the fencing will be constructed with Phase Two development. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: The Detail Planned Development included here closely follows the proposal first submitted as a Conceptual PD in July. The site plan is identical to the plan approved by Council at that time. The building elevations pick up on many of the façade details shown in the consultant’s residential examples, and the applicant has done a thorough job of reflecting the type of residential use our consultant envisioned for Old Coppell. The revised plans closely resemble the concept designs offered by the Planning Committee. Four of the five suggested structures are almost identical to the committee’s recommendations. Design elements addressed include streetlights (see attachment), pavement texture, sidewalk design, among others. The Plan mentioned street furniture, unique street blades, custom addressing plaques, and other distinctive design elements that need further consideration and possible refinement. In addition, the topic of mailboxes and where they will be located needs to be addressed. Staff recommends approval of the Detail PD, subject to the following conditions: 1) Clarify when surface parking will be provided on the commercial sites (the Landscape Plan states 30 spaces are being provided now—is that correct?). Parking will be provided here when the commercial lots are developed. 2) Indicate where units shown on elevations and perspective drawing are actually being built, what lots? Revised site plan indicates which units are being built on which lots. Item #4 Page 6 of 6 3) Indicate on elevations which paint colors apply to which units. This still needs to be indicated. 4) Dimension rooms and indicate on elevations square footage of each unit. This information is now shown on the Site Plan 5) Provide details on street furniture, street blades, location of mailboxes, address plates, trash containers and any other design details. 6) Need detailed drawings of arbor structure including dimensions, building materials, colors, etc. Partially shown on revised plans. 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) Detail Site Plan 2) Landscape Plan 3) Previous Elevations 4) Previous Rendering 5) Planning Commission Committee Recommendation 6) Revised Elevations 7) Tree Survey 8) Old Coppell Master Plan Design Elements 9) Request for r.o.w. waiver DEPT: Planning DATE: December 9, 2003 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Old Coppell Townhomes, Preliminary Plat, to allow the development of 21 residences, a recreation area and 2 commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: November 20, 2003 Decision of P&Z Commission: Approval (6-0) with Commissions McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Electric and gas easements need to be determined. 2) City utility needs will continue to be evaluated during Engineering reviews. Easements may be needed. 3) Ensure all utility lines, including service lines, are kept out of the driveway stamped- concrete paver areas. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @2OCTownhomes PP 1-AR Item #5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Old Coppell Townhomes, Preliminary Plat P & Z HEARING DATE: November 20, 2003 (Denied by the P&Z Commission 10/16/03) C.C. HEARING DATE: December 9, 2003 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: East side of Coppell Road; north of Bethel Road; approximately 600 feet south of Cooper Lane. SIZE OF AREA: 3.81 acres of property. CURRENT ZONING: PD-197-HO-TH-1/C (Planned Development-197, Historic Overlay- Townhouse-1/Commercial) REQUEST: Preliminary Plat approval for 21 residences (19 townhouses and 2 freestanding homes), a recreation area, and 2 commercial lots on 3.81 acres of property. APPLICANT: Kurt Jones Owner: 117 Cascade Way R. L. Robertson, L.L.C. Coppell, TX. 75019 569A South Coppell Road (214) 632-6684 Coppell, TX 75019 FAX: (972) 735-9976 HISTORY: This property has been zoned Historic Overlay for quite some time. There has been recent development activity on the subject property, including the Old Coppell Master Plan, which was discussed and accepted by City Council in April of 2002. In August of 2002, Council questioned the residential component of the Plan, particularly as it related to the D/FW Airport flight patterns and noise concerns. In December Council and the Planning Commission held a Item #5 Page 2 of 3 joint workshop to discuss the noise issue, among others. On May 13, 2003, Council amended the land use component of the 1996 Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the Old Coppell Master Plan and as recommended in April by the Planning Commission. In July the current applicant applied for and was granted a Conceptual Planned Development for construction of 21 single-family units (19 townhouses and 2 freestanding residences), a recreational area, and two commercial buildings on the 3.8 acre tract. The applicant is now requesting a detailed PD on the parcel to develop the residential property, and preliminary plat approval. The Planning Commission denied the preliminary plat for this property on October 16 due to required changes in the Detail Site Plan. TRANSPORTATION:Coppell Road is an unimproved, two-lane asphalt street contained within a 50- to 60-foot right-of-way. It is projected to be improved to a concrete two-lane undivided road in 60-feet of right-of-way with construction beginning in mid-2005. SURROUNDING LAND USE & ZONING: North- single-family residential; PD-SF7 South – commercial; HO-C East - single-family; PD-SF-7 West – light industrial; PD-LI COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Historic District classification to include small-scale residential/retail/office/commercial uses. In April of 2002, the Old Coppell Master Plan recommended comparable uses with more detailed residential application on the subject property. DISCUSSION: This is the companion piece to the Detail PD Plan just heard. This Preliminary Plat conforms to the requirements of the Subdivision Regulations and with certain conditions being met, staff can support this request. This Preliminary Plat approval is straightforward, with the exception of a request to vary the r.o.w. width. Because this applicant is providing 10 parking spaces, which infringe upon our typical 50-foot right-of-way requirement, the applicant has asked Engineering to grant a r-o-w waiver. This topic had been first discussed during the Conceptual Planned Item #5 Page 3 of 3 development application and Engineering is agreeable to waiving the r-o-w requirement for a small portion of the street adjacent to the parking spaces because a minimum street width of 28 feet is being maintained. As described in the HISTORY section of this report, the Planning Commission denied this plat in October. It was denied because of changes needed in the Detail Site Plan that could affect overall layout of the project. In addition, a three-member Commission Committee was formed to meet with the developer and suggest modifications to building elevations. Now that those modifications have been made and the overall layout has not been affected, we would recommend approval of the preliminary plat with the same conditions as recommended in October. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Because the plat reflects development as spelled out in the Detail Planned Development guidelines, staff supports this request, subject to the following conditions: 1) Electric and gas easements need to be determined. 2) City utility needs will continue to be evaluated during Engineering reviews. Easements may be needed. 3) Ensure all utility lines, including service lines, are kept out of the driveway stamped-concrete paver areas. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary Plat document DEPT: Planning DATE: December 9, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-185R-LI, Coppell Industrial Addition (Tradepoint), zoning change request on 98.84 acres of property from PD-185-LI to PD-185R-LI to attach a Detail Site Plan to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; north of Bethel Road, at the request of Hillwood Fund No. 1, LP. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: November 20, 2003 Decision of P&Z Commission: Approval (6-0) with Commissions McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Technical and drafting revisions: (Sheet A. 1.0.0) • parking counts need to rounded to the nearest whole number; • the R-O-W. for Bethel Road needs to be corrected from 990 feet to 90 feet. (CONDITION MET) 2) The elevations and location of the security house shall be as indicated on Sheet 5.1.1. The port-o-potty shall be removed. (CONDITION MET) 3) Revise Detail C on Sheet L3.0 to indicate that this landscape design will be required for the middle entry features of Buildings 1 and 2. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @3PD-185R-LI, CI 1-AR Item # 6 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-185R, Coppell Industrial Addition (Tradepoint) P & Z HEARING DATE: November 20, 2003 (Continued from the P&Z Meeting on 10/16/03) C.C. HEARING DATE: December 9, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 50’ east of Royal Lane; north of Bethel Road. SIZE OF AREA: 98.84 acres of property. CURRENT ZONING: PD-185-LI (Light Industrial) REQUEST: PD-185 Revised to attach a Detail Site Plan APPLICANT: Owner: Hillwood Funds No. 1 LP Three Lincoln Centre 5430 LBJ Freeway, Suite 800 Dallas, Texas 75240 (972) 847-1422 FAX: (972) 201-2989 Architect: Rick Gilliland RGA Architects 215 N. Oak Street, Suite A Roanoke, Texas 76262 (817) 430-3382 FAX: (817) 491-1969 Engineer: Stephen Crawford Item # 6 Page 2 of 6 Halff Associates, Inc. 4000 Fossil Creek Blvd. Fort Worth, TX 76137 (817) 847-1422 FAX: (817) 232-9784 HISTORY: In May 2000, Council approved PD-185-LI to allow for the development of two office/warehouse buildings on approximately 100 acres of property. Phase One of this development was proposed to contain a 600,000 square-foot building with a 350,000 square-foot future expansion area. Phase Two anticipated a 900,000 square-foot building. This PD included various conditions including: a reduction in the required parking for warehouse uses, tree mitigation and allowing for a single 120 square-foot monument sign, in lieu of two 60 square-foot signs. Council also approved a Preliminary Plat for the entire acreage and a Final Plat to allow for Phase One construction. Since that time, staff has administratively approved a revision to the Site Plan to allow for 50 additional parking spaces along Bethel Road, east of Royal Lane to serve the 150 Mohawk employees. TRANSPORTATION:Bethel Road is currently a two-lane asphalt road; however, it is designated on the Thoroughfare Plan as a C4D, to be built within 90’ to 100’ R-O- W. Construction documents are currently being prepared to improve this road to a 4-lane divided-concrete thoroughfare. Improvements are scheduled to start in the second quarter of 2004 and be completed the third quarter of 2005. SURROUNDING LAND USE & ZONING: North -WagonWheel Park; LI (Light Industrial) South - Postal Distribution Center; LI (Light Industrial) East - U-Line; LI (Light Industrial) West - Sun Dial, TNA, Craftmade International; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Light Industrial/Showroom Uses. DISCUSSION: As discussed in the HISTORY section of this report, this PD for this approximate 100-acre tract was approved to allow two office/warehouse buildings, totaling approximately 1.8-million square feet. The first phase, Item # 6 Page 3 of 6 600,000-square feet, has since been built, and Mohawk has occupied most of this building. The current request is to allow for the expansion of the first building and to permit the development of the second equally-sized building. This Detail Plan is in general conformance with the Concept Plan that was approved with the original PD in terms of building placement, size, bulk and landscaping. The original PD allowed for a reduction of the parking required for warehouse use from a ratio of one space per 1,000-square feet to one space per 5,000-square feet. This condition will be carried forward with the caveat that if additional parking is required, all parking areas must be in compliance with the regulations of the Landscape Ordinance in terms of number of trees and property devoted to landscaping. As mentioned, the Site and Landscape Plans are essentially the same as was previously approved, and therefore, staff’s comments are limited to minor technical and drafting errors. Specifically, parking counts in the Data Table need to rounded to the nearest whole number (not revised); the R-O-W for Bethel Road needs to be corrected from 990 feet to 90 feet (not corrected); dimensions need to be added to the Landscape Plan (added); the existing and proposed landscaping in the detention/landscape area along the east property line need to be differentiated (revised), and finally, it must be specified that the future trailer parking area will be hydromulched and contain required trees in the required parking islands until such time this area is needed for vehicle or trailer parking (note added). The most notable difference from the existing PD are the elevations, including: the new designs for the entries, the type of roof for the expansion area and second building and the color scheme proposed for the second building. The existing building fronts Bethel Road and has a two-story window entry feature at the corners of the building, which appear to be approximately 60% glass. The expansion area for this first building will somewhat mimic that design; however, the second-story windows have been eliminated and the percentage of glass in these entries has been reduced to approximately 40%. Staff feels that this additional glass provides a more aesthetic entry and breaks up the expanse of the 500-foot building frontage. The second building is proposing a different color scheme, being more brownish than gray, and has further reduced the amount of glass at the corner-entry features to approximately 20%. While the massing and size of all of the corner entries are fairly consistent, staff is concerned with the lack of detail and the preponderance of tilt-wall over glass, especially with Building 2. Finally, the expansion area for Building 1, and the entire Building 2, will have a standing-seam metal roof, instead of the existing tilt-wall roof. This roof appears awkward in scale in relation to the mass of the building. Since the previous Planning and Zoning Commission meeting, the applicant has redesigned the corner entry features for the expansion of the existing building, as well as the Item # 6 Page 4 of 6 proposed Building 2. As indicated on Sheet 3.1.2, the entry elevation for the expansion of Building 1 has been enhanced by adding reveals and recessed concrete panels and light cool gray paint in an area equal in mass to the windows on the first floor. More significant are the changes proposed to Building 2. As shown on Sheet 3.2.2. and further illustrated on the color renderings, the north and south entry areas have been articulated through the use of layered panels, actually creating four plains, plus the metal canopy. The proposed color scheme further enhances the design. Sheet L3.0 has been added to this package, which details additional landscaping being installed adjacent to all four main entries of proposed Building 2. Along these north and south elevations (along the street frontages) two full-length recessed concrete panels have been added where the man-doors are located, as well as smaller accent areas and undulating roofline. Along the long lengths of the building, both internal to the site and facing the detention area and PD-186 (Duke), sets of four clear story windows (approximately the width of two dock doors) have been added approximately every 72 feet above the dock doors. A unique part of this PD request is the allowance for a “middle-entry feature” that may be incorporated into the east and/or west facades, as needed, for future tenants in both or either of the buildings. This “middle- entry feature” will enhance these facades by breaking up the expanse (1,900 linear feet), as well as providing identification for the tenant. In terms of revisions to the Site Plan, there will be additional car parking spaces and landscaping at these entries. In terms of building elevations, these “middle-entry features” will convert several of the existing overhead doors to windows and store-fronts, and metal canopies and additional accent colors will be added. The incorporation of these entry features may be approved administratively, without going through the Site Plan Amendment process. It is recommended that, at a minimum, this type of canopy be added to the entry features at the corners of Building 2 to compensate for the lack of glass and other architectural feature. It is also important to establish at the corners the canopy feature that can be repeated when the “middle entry” features are added. The design of the middle entry feature for Building 1 is essentially the same as previously submitted. The middle entry feature for the second building has been revised, specifically, clear story windows have been added and the canopy has been redesigned. Sheet L3.0, which has been included in this resubmittal, includes a detail of the landscaping proposed for the middle entry features. However, this sheet specifies that this landscaping is for the middle entry feature of Building 2. Staff is recommending that this landscape design also be included for the middle entry features of Building 1. Item # 6 Page 5 of 6 Finally, there is an existing illegal guardhouse on the property. This needs to be removed. If a guardhouse is desired, it must be compliant with the masonry requirements, etc., and shown on the Site Plan, Landscape Plan and Elevations. The port-o-potty must also be removed. The applicant has submitted a new sheet, A5.1.1, which specifies the elevations and location of the security house. The security house will be moved approximately 4 feet to the east, which will be out of the designated firelane. The applicant is requesting to apply manufactured stone veneer over the existing metal surface. The existing roof and the new metal fascia will be painted to match the stone veneer. It is assumed that the port-o-potty will be removed. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-185R, Coppell Industrial Addition (Tradepoint), subject to the following conditions: 1) Technical and drafting revisions: • parking counts need to rounded to the nearest whole number; • the R-O-W. for Bethel Road needs to be corrected from 990 feet to 90 feet; • dimensions need to be added to the Landscape Plan; • the existing and proposed landscaping in the detention/landscape area along the east property line needs to be differentiated; • specification that the future trailer parking area will be hydromulched and contain required trees in the future parking islands until such time that this area is needed for vehicle or trailer parking. 2) Consideration be given to adding canopies to the entries, at the corners of Building 2, to compensate for the lack of glass and other architectural features (see revised elevations). 3) Remove the existing illegal security house and port-o-potty from the western parking lot. If a security house is desired, it must be compliant with the masonry requirements, etc., and shown on the Site Plan, Landscape Plan and Elevations. The elevations and location of the security house shall be as indicated on Sheet 5.1.1. The port-o-potty shall be removed. 4) Revise Detail C on Sheet L3.0 to indicate that this landscape design will be required for the middle entry features of Buildings 1 and 2. Item # 6 Page 6 of 6 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) Color renderings of : • Building 2, Entry, • Mid-Entry, Building 1, • Mid-Entry, Building 2, and • Security House 2) Detail Site Plan (A1.0.0) 3) Landscape Plan (L1.0) 4) Landscape Details and Calculations (L2.0) 5) Landscape Details for Entry Areas (L3.0) – New this submittal 6) Elevations Building 1 Expansion (A3.1.1) 7) Elevations Building 1, Entry Details (A3.1.2) 8) Elevations Building 2 (A3.2.1) 9) Elevations Building 2, Entry Details (A3.2.2) 10) Middle Entry, Building 1 (A4.1.1) 11) Building Signage, Building 1 (A4.1.2) 12) Middle Entry, Building 2 (A4.2.1) 13) Building Signage, Building 2 (A4.2.2) 14) Security House Elevations (A5.1.1) - New this submittal DEPT: Planning DATE: December 9, 2003 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Coppell Industrial Addition (Tradepoint), Lots 1R and 2, Block A, Replat and Final Plat, being a replat of Lot 1, Block A, and a Final Plat of Lot 2, Block A, on 98.84 acres of property to allow for an approximate 350,183 square-foot expansion to the existing 600,000 square-foot building on Lot 1R and the development of an approximate 952,094 square-foot office/warehouse building on Lot 2 located 50’ east of Royal Lane; north of Bethel Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: November 20, 2003 Decision of P&Z Commission: Approval (6-0) with Commissions McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Revise the notations from “dedicated by this plat” to “as established by private agreement” (CONDITION MET) 2) Additional easements may be required during the engineering review process. 3) Provision of easements as may be required by franchise utility companies (i.e., Oncor/Comcast/Verizon). Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @4CI,L1R&2,BA RPL&FP 1-AR Item # 7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Coppell Industrial Addition (Tradepoint), Lots 1R and 2, Block A, Replat & Final Plat P & Z HEARING DATE: November 20, 2003 (Denied at the P&Z Meeting on 10/16/03) C.C. HEARING DATE: December 9, 2003 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 50’ east of Royal Lane; north of Bethel Road. SIZE OF AREA: 98.84 acres of property, being a Replat of 45.36 acres and a Final Plat of 53.48 acres. CURRENT ZONING: PD-185-LI (Light Industrial) REQUEST: Replat Lot 1, Block A to allow an expansion to an existing building, and Final Plat Lot 2, Block A, for the development of an office/warehouse building. APPLICANT: Owner: Hillwood Funds No. 1 LP Three Lincoln Centre 5430 LBJ Freeway, Suite 800 Dallas, Texas 75240 (972) 847-1422 FAX: (972) 201-2989 Architect: Rick Gilliland RGA Architects 215 N. Oak Street, Suite A Roanoke, Texas 76262 (817) 430-3382 FAX: (817) 491-1969 Item # 7 Page 2 of 4 Engineer: Stephen Crawford Halff Associates, Inc. 4000 Fossil Creek Blvd. Fort Worth, TX 76137 (817) 847-1422 FAX: (817) 232-9784 HISTORY: In May 2000, Council approved PD-185-LI to allow for the development of two office/warehouse buildings on approximately 100 acres of property. Phase One of this development was proposed to contain a 600,000 square-foot building with a 350,000 square-foot future expansion area. Phase Two anticipated a 900,000 square-foot building. This PD included various conditions including: a reduction in the required parking for warehouse uses, tree mitigation and allowing for a single 120 square-foot monument sign, in lieu of two 60 square-foot signs. Council also approved a Preliminary Plat for the entire acreage and a Final Plat to allow for Phase One construction. Since that time, staff has administratively approved a revision to the site plan to allow for 50 additional parking spaces along Bethel Road, east of Royal Lane to serve the 150 Mohawk employees. TRANSPORTATION:Bethel Road is currently a two-lane asphalt road; however, it is designated on the Thoroughfare Plan as a C4D to be built within 90’ to 100’ R-O- W. Construction documents are currently being prepared to improve this road to a 4-lane divided concrete thoroughfare. Improvements are scheduled to start in the second quarter of 2004 and be completed in the third quarter of 2005. SURROUNDING LAND USE & ZONING: North -WagonWheel Park; LI (Light Industrial) South - Postal Distribution Center; LI (Light Industrial) East - U-Line; LI (Light Industrial) West - Sun Dial, TNA, Craftmade International; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for Light Industrial/Showroom uses. Item # 7 Page 3 of 4 DISCUSSION: As mentioned in the HISTORY section, this entire tract was preliminary platted into two lots, and a Final Plat for the first phase of development was approved at that time. This request is to replat Lot 1 into Lot1R, incorporating the additional 14.98 acres of property to allow for the expansion of the Building 1, and to final plat the remaining 53.48 acres to allow for the construction of the second building. The replat of Lot 1 will involve the abandonment of an existing platted fire lane and landscape easement, which will be relocated to the north side of the expanded building area. The common access easements and adjacent 10-foot landscape easements have also been expanded to serve both buildings in their ultimate configurations. Along the eastern side of this plat, there is an existing 8.47-acre landscape and detention easement, which was established through a private agreement between Champion and Duke-Weeks on December 22, 2000. Therefore, this 8.47-acre drainage and detention easement and the proposed 20-foot easement running parallel to Bethel Road are not required and need to be removed from the Plat. These easement areas will continue to be privately maintained per the existing agreement. The notations on the plat are still stating that these easements are to be “dedicated by this plat”. So there is no confusion in the future as to the maintenance responsibility for these drainage areas, staff is recommending that these notes be revised from “dedicated by this plat” to “as established by private agreement." The construction documents for the improvements to Bethel Road are currently under design. An additional .047 of an acre of property is needed for additional R-O-W at the southwest corner of the tract, which is being dedicated by this Plat. The Engineering Department is also coordinating with the owners of this tract to provide for temporary easements needed for the construction of Bethel Road. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Coppell Industrial Addition (Tradepoint), Lots 1R and 2, Block A, Replat & Final Plat, subject to the following conditions: 1) Correction of the acreage of Lot 1R on the face of the plat from 45.31 to 45.36 acres. (corrected) 2) Deletion of the proposed dedication of the 8.47-acre drainage and detention easement along the eastern property line and the proposed 20-foot easement running parallel to Bethel Road. These will continue to be privately maintained. Revise the Item # 7 Page 4 of 4 notations from “dedicated by this plat” to “as established by private agreement” 3) Additional easements may be required during the engineering review process. 4) Provision of easements as may be required by franchise utility companies (i.e Oncor/Comcast/Verizon). ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat and Final Plat DEPT: Planning DATE: December 9, 2003 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1198R2, Assured Self Storage, zoning change request from LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised) to LI-S-1198R2 (Light Industrial-Special Use Permit-1198 Revision 2), to amend the Site Plan to allow for additional attached signage for an existing 75,000 square-foot mini- warehouse facility on 4.83 acres of property located at 1751 E. Belt Line Road. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: November 20, 2003 Decision of P&Z Commission: Approval (6-0) with Commissions McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) The sign on the west side of the office building shall not exceed 28.5 square feet. (CONDITION MET) Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @5S-1198R2, ASS 1-AR Page 1 of 3 Item # 8 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1198R2, Assured Self Storage P & Z HEARING DATE: November 20, 2003 C.C. HEARING DATE: December 9, 2003 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 1751 E. Beltline Road SIZE OF AREA: 4.83 acres of property. CURRENT ZONING: LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised) REQUEST: LI-S-1198R2 (Light Industrial-Special Use Permit-1198 Revision 2) to amend the Site Plan to permit additional attached signage to an existing 75,000 square-foot, 12 building mini-warehouse/caretakers development. APPLICANT: Applicant: Developer: Charles Bogard Don Valk D/FW Signs and Graphics Assured Self Storage 101 N.W. 17th St. 1001 W. Pleasant Run Rd. Grand Prairie, TX. 75050 DeSoto, TX. 75115 Phone: (972) 263-8241Phone: (214) 808-6667 Fax: (972) 262-7427 Fax: (972) 223-2606 HISTORY: On May 14, 2002, Council approved S-1198 for Assured Self- Storage, rezoning the property from LI to LI-SUP-1198 (Light Industrial Special Use Permit 1198) allowing an approximate 64,000 square-foot mini-warehouse with on-premise residential use. In October of that same year, Council approved an amendment to the SUP, allowing an expansion to 75,000-square feet, conversion of two buildings to climate control, elimination of a second point of ingress off Beltline Road, and shifting of building footprints, which increased lot coverage from 31% to 35%, still within zoning requirements. Page 2 of 3 Item # 8 The tract has been reclaimed from the surrounding floodplain, platted, and developed with the above-described use. TRANSPORTATION:East Belt Line Road is a P6D six-lane divided major thoroughfare built within a 120’ wide right-of-way. SURROUNDING LAND USE & ZONING: North- Railroad and vacant; A (Agriculture) and LI (Light Industrial) South -Vacant; LI (Light Industrial) East - Vacant; LI (Light Industrial) and A (Agriculture) West - Vacant; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: Having recently completed building the mini-warehouses, the owner of the property feels additional signage is needed to properly advertise his business. To that end, he has hired an area sign company to propose additional signage. The sign company has made considerable progress from its original submission of too many, too large and inappropriately colored signs. Size, number, and location of signs now conform to the Zoning Ordinance. The resubmitted colors also conform. What is being proposed is signage on three sides of the project. Two signs are proposed for the office/caretakers quarters on the north end of the property. One sign will advertise “Assured Self Storage” in brown in an arc over the main entrance. The other simply states “office” in white. Both signs conform to our sign guidelines relative to size, square footage and color. The next sign appears on the east side of the warehouse building in a lighted raceway and states the name of the business in white. The final sign, on the west side of the office/caretakers building, is also in a lighted raceway and, again, states the name in white letters to further advertise the business. That sign needs to be reduced from 48- to 28.5-square feet. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: 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. Page 3 of 3 Item # 8 ATTACHMENTS: 1) Site Plan showing where signage will be located 2) Sign copy for each building façade. DEPT: Planning DATE: December 9, 2003 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the Shadow Ridge Addition, 5th Increment, Lots 1 and 2, Block A, Minor Plat, to allow two SF-12 (Single Family-12) lots on approximately 0.87 of an acre of property located at the southeast corner of Coppell Road and Plantation Drive. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: November 20, 2003 Decision of P&Z Commission: Approval (6-0) with Commissions McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) City Council granting a waiver to the alley requirement. 2) Preliminary engineering plans being approved by the Engineering Department prior to the filing of the plat and final engineering plans being approved by the Engineering Department prior to the issuance of a building permit. 3) Deletion of Notes 2 and 6 from the plat and all the platting notes from the tree survey. (CONDITION MET) 4) A permit will be required prior to the removal of any trees. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @6ShadowR5, MP 1-AR Page 1 of 3 Item # 9 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Shadow Ridge Addition, 5th Increment Lots 1&2, Block A, Minor Plat P & Z HEARING DATE: November 20, 2003 C.C. HEARING DATE: December 9, 2003 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: Southeast corner of Coppell Road and Plantation Drive. SIZE OF AREA: 0.87 of an acre of property. CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Minor Plat to allow two SF-12 lots. APPLICANT: Owner: Surveyor: Ziauddin Shams Robert Richardson 701 Canyon Drive Doug Connally& Assoc. Inc. Coppell, Texas 75019 9754 Skillman Street 972-906-9313 Dallas, Texas 75243 FAX: 214-292-8841 214-349-9485 972-349-2216 HISTORY: Per the Dallas County Appraisal District records, the existing 1,091 square-foot frame house on this property was constructed in 1935. There has been no zoning or platting history on this property. TRANSPORTATION:Coppell Road is an unimproved, two-lane asphalt street contained within a 50- to 60-foot right-of-way. Improvements to this road, from Bethel to Sandy Lake, are currently under design and construction is scheduled to commence in June 2005, to be complete at the end of 2006. Page 2 of 3 Item # 9 SURROUNDING LAND USE & ZONING: North- PD-107-SF-7 single-family development South -SF-12 single-family development East - PD-95-SF-9 single-family development West - PD-186-LI office/warehousing development COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for residential low density. DISCUSSION: The subject property contains one-single family home, which was constructed in 1935. Given that the City of Coppell did not have subdivision requirements 69 years ago, this property has never been platted. The applicant desires to plat this 0.87 of an acre of property into two residential lots. Lot 1 contains the existing home, and the applicant intends to construct a home on Lot 2. The home on Lot 1 will be retained for the time being. The property is zoned SF-12, requiring a minimum lot size of 12,000-square feet. The lots are proposed to be approximately 19,000-square feet, well exceeding the minimum lot size requirement. These lots will measure approximately 203 x 93.5, again, exceeding the minimum requirements for this zoning district. To be consistent with the lot patterns existing to the east, the new home on Lot 2 will face Plantation Drive and will be front entry. There are no alleys to the east of this property, and part of this request is a waiver of the alley requirement for these two lots. There are 10 existing trees on this property, and it is the applicant’s intent to preserve as many trees as possible. It appears that the construction of a home on Lot 2 should allow for the retention of the existing trees. In the event that trees will have to be removed, a tree removal permit will be required. Minor revisions to the notes on the plat are recommended. First, Note #2 under general notes should be deleted. This note states “The reason for this replat is to create two lots, future construction on Lot 2 only, Lot 1 is to remain as is”. While this it true for the immediate future, this note may hamper the redevelopment of Lot 1 in the future. Note #6 should also be deleted. It states that the wood shed will be removed when the lot is developed. Again, while this is true, the shed is no longer shown on the plat and, therefore, the note is not relevant. All platting notes should also be removed from the tree survey. Finally, the applicant will need to provide preliminary engineering drawings indicating driveway locations, existing and proposed utilities and grading plan prior to filing this plat for record in Dallas County. Final engineering plans must be approved by the Engineering Department prior to the issuance of a building permit. Page 3 of 3 Item # 9 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Shadow Ridge Addition, 5th Increment Lots 1&2, Block A, Minor Plat, subject to the following conditions: 1) City Council granting a waiver to the alley requirement. 2) Preliminary engineering plans being approved by the Engineering Department prior to the filing of the plat and final engineering plans being approved by the Engineering Department prior to the issuance of a building permit. 3) Deletion of Notes 2 and 6 from the plat and all the platting notes from the tree survey. 4) A permit will be required prior to the removal of any trees. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Minor Plat 2) Tree Survey DEPT: Planning DATE: December 9, 2003 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Text amendments to Chapter 12, Zoning, of the Code of Ordinances amending Article 29, Sign Regulations, to delete all references to temporary off- and on-premise signage. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: November 20, 2003 Decision of P&Z Commission: Approval (6-0) with Commissions McCaffrey, Milosevich, Kittrell, Borchgardt, Foreman and Reese voting in favor. None opposed. Approval is recommended as follows: • 12-29-3. Provisions for all zoning districts Subsection 2. Special Purpose Signs, DELETE: (E) (F) & (G), relating to political, garage sale and community event notices. RE-LETTER: (H) to (E). Subsection 3. Prohibited Signs (B), ADD reference to Chapter 6, Article 15. REVISE (I) and (J) to reference Chapter 6, Article 15. • 12-29-4. Provisions for Business Zoning Districts DELETE: Subsection 4. Temporary Banner Signs. ADD reference to Chapter 6, Article 15. RENUMBER Window Signs from Subsection 5 to Subsection 4. • 12-29-5. Provisions for Non-Business Zoning Districts DELETE Subsections 4 & 5. ADD reference to Chapter 6, Article 15. • 12-29-7. Provisions for Temporary Signs DELETE in its entirety. ADD reference to Chapter 6, Article 15. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @7Chap.12,Art.29 TA 1-AR Item # 10 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Text Amendments-Sign Regulations P & Z HEARING DATE: November 20, 2003 C.C. HEARING DATE: December 9, 2003 STAFF REP.: Marcie Diamond, Assistant Director of Planning REQUEST: To amend Chapter 12, Section 29, to remove all regulations relating to temporary on- and off-premise signs. These provisions have been revised and relocated to Chapter 6, Business Regulations, of the Code of Ordinances DISCUSSION: On October 28, 2003, City Council adopted an ordinance that amended Chapter 6, Business Regulations, to add Article 6-15, Sections 6-15-1 through 16-15-8, which established provisions for temporary signs. Given this action, these regulations are proposed to be removed from Chapter 12, Zoning Regulations. Appropriate cross-references are proposed to be added to the Chapter 12 referring to the new Article 6-15 for regulations on temporary on- and off-premise signs. Part of the rationale for removing these provisions from the chapter on Zoning Regulations is that temporary signs are not reviewed or regulated by the Planning Department or the Planning and Zoning Commission; therefore, these regulations have been moved to a chapter which is both enforced and regulated by Fire Administration/Building Inspection. A copy of Ordinance #2003-1064 establishing Article 6-15 is attached. In sum, this ordinance revises size, permitted locations and hours and days that temporary off-premise signs may be displayed. There are various types of permitted off-premise signs including political, garage sale, community event notices, real estate sales and religious institutions. Generally, these signs are permitted from 6 p.m. on Thursday to 10 p.m. on Sunday and may only be located within the sign zones as defined in the ordinance. The faces of the signs are limited to six-square feet and a height of 36 inches for garage sale, community event notices, religious institutions and homebuilder signs. Open House signs are limited Item # 10 Page 2 of 3 to the words “open house” and the sign face cannot exceed two- square feet. This ordinance also establishes linear sign zones at 14 specific intersections within the City. The sizes, sign zones and intersections are illustrated as Figures 1, 2 and 3 attached to and made a part of the ordinance. This ordinance has an effective date of January 1, 2004. Although not revised per this ordinance, regulations on all other temporary on- and off-premise signs are being removed from Chapter 12, Zoning Regulations. The specific revisions are as follows: Section Revision 12-29-3 Provisions for all zoning districts – Subsection 2. Special Purpose Signs – DELETE (E) (F) & (G), relating to political, garage sale and community event notices. RE-LETTER (H) to (E). Subsection 3. Prohibited Signs – (B), ADD reference to Chapter 6, Article 15. REVISE (I) and (J) to reference Chapter 6, Article 15. 12-29-4 Provisions for Business Zoning Districts – DELETE Subsection 4. Temporary Banner Signs. ADD reference to Chapter 6, Article 15. RENUMBER Window Signs from Subsection 5 to Subsection 4. 12-29-5 Provisions for Non-Business Zoning Districts – DELETE Subsections 4 & 5. ADD reference to Chapter 6, Article 15. 12-29-7 Provisions for Temporary Signs - DELETE in its entirety. ADD reference to Chapter 6, Article 15. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the proposed text amendments. ALTERNATIVES: 1) Recommend approval of the request. Item # 10 Page 3 of 3 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date ATTACHMENTS: 1) Proposed revisions to Chapter 12 2) Ordinance #2003-1064 1 59882 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING ARTICLE 6-15, SECTIONS 6-15-1 THROUGH 6-15-8, ESTABLISHING PROVISIONS FOR TEMPORARY SIGNS; PROVIDING REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR PERMIT PROCEDURES AND FEES; PROVIDING PROVISIONS FOR ALL ZONING DISTRICTS; PROVIDING FOR ON-PREMISES AND OFF-PREMISES TEMPORARY SIGNS; PROVIDING FOR SIGN ZONES; PROVIDING FIGURES 1 THROUGH 3, WHICH ESTABLISH SIGN SIZE, SIGN ZONES, AND SIGN LOCATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by adding Article 6-15 Sections 6-15-1 through 6-15-8 establishing provisions for Temporary Signs, which shall read as follows: “ARTICLE 6-15. TEMPORARY SIGNS Sec. 6-15-1. Purpose. Signs use private land and the sight lines created by the public right-of- way to inform and persuade the general public by publishing a message. This section provides regulations and standards for the erection and maintenance of temporary private signs. All such private signs not exempted shall be erected and maintained in accordance with these regulations and standards. The general objectives of these regulations and standards are to promote health, safety, welfare, convenience and enjoyment of the public, and in part to achieve the following: 1. Safety: To promote the safety of persons and property by providing signs that: (A) Do not create a hazard due to collapse, fire, collision, decay or abandonment; (B) Do not obstruct fire fighting or police surveillance; and 2 59882 (C) Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs. 2. Communications efficiency: To promote the efficient transfer of information in sign messages by providing that: (A) Those signs which provide messages and information most needed and sought by the public are given priorities. (B) No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes. (C) Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose. 3. Landscape quality and preservation: To protect the public welfare and to enhance the appearance and economic value of the landscape, by providing that signs: (A) Do not interfere with scenic views; (B) Do not create a nuisance to persons using the public right-of-way; (C) Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and (D) Are not detrimental to land or property values. Sec. 6-15-2. Definitions. Unless the context clearly indicates otherwise, the following words and phrases shall have meanings respectively ascribed to them by this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. 1.Building: means a structure which has a roof supported by columns, walls or air for the shelter, support, or enclosure of persons, animals or chattel. 2.Effective area of temporary sign: means measured as the surface face of the sign as depicted on Figure 1 of this article. 3 59882 3.Model home: means a single-family dwelling structure that is open for inspection by the general public and is not used as a dwelling. 4.Premises: means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract, or combination thereof is under single ownership that is reflected in the plat records of the city. 5.Premises, dwelling: means a lot zoned SF, TH, or 2F that is occupied by a residential housing structure. 6.Public right-of-way: means a dedicated road or street including the easement for that road or street. 7.Sign: means any device, flag, banner, light, figure, picture, letter, word, message, symbol, plaque, poster, display, design, painting, drawing, billboard, wind device or other thing visible from outside the premises on which it is located and that is designed, intended or used to inform, to advertise or to attract the attention of persons not on those premises. 8.Signs, attached: means any sign attached to, applied on, or supported by, any part of a building (such as a wall, window, awning, arcade, or marquee) which encloses or covers usable space, with the exception of any window sign as defined herein. 9.Sign, banner: means a sign which is not permanently affixed. 10.Sign, detached: means any sign connected to the ground that is not an attached, portable or vehicle sign. 11.Sign, monument: means any detached sign which is of monolithic or semi-monolithic construction being made from masonry, concrete materials, wood or plastic provided that a masonry base is incorporated into the sign, with no separation between the base of the sign and grade. (See Appendix Illustration 17) 12.Sign, off-premise: means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. 13.Sign, pole: means any detached sign which is not a monument sign. 14.Sign, political: means any type of sign which refers only to the issues or candidates involved in a political election. 15.Sign, portable: means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another, 4 59882 and that is not an attached sign, vehicular sign, or a sign that refers solely to the sale or lease of the premises. 16.Sign, premise: means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person or activity. 17.Sign, protective: means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, "bad dog", "no trespassing", and "no solicitors". 18.Sign, subdivision: means a sign that identifies the name of the subdivision only. 19.Sign support: means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated. 20.Sign, vehicular: means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection. 21.Sign, window: means any sign not government mandated, which is attached to either side of the glass within a window or which is located within a window opening and, as viewed from outside, is forward of the plane of the inside face of an exterior wall. 22.Zoning district, business: means any zoning district designated by this ordinance as O, R, C, TC, LI or HI. Any PD district with the previous listed zoning prefix is also included in this list, unless specifically excluded by its provisions. 23.Zoning district, non-business: means any zoning district not designated as a business district as defined herein. 5 59882 Sec. 6-15-3. Nonconforming Signs. It is declared purpose of this section that in time all temporary signs shall either conform to the provisions of this section or be removed. By the passage of this ordinance and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the city. Any sign which does not conform to all provisions of this ordinance shall be an illegal sign. (A) Impoundment: Any sign erected in or over a public right-of-way either prior to or after the adoption of this ordinance, except as permitted in this article, shall be construed a public nuisance and the city may, without notice, remove and destroy any such sign. Sec. 6.15-4. Permit procedures and fees. 1. Permits: No person shall erect, construct, relocate, alter, or repair a sign under this article without first having obtained a permit, except as otherwise provided in this section. This section does not apply to government signs. 2. Application: Application for a permit shall include a drawing to scale of the proposed sign and all existing signs maintained on the premises and visible from the right-of-way, and the sign specifications. 3. Fees: Every applicant, before being granted a permit, shall pay the applicable fee established by resolution of the city council. (A) Any person who erects, places, alters, repairs or relocates a sign, or commences work thereon, without first having obtained a permit, shall pay a late fee equal to twice the amount of the applicable sign permit fee. Sec. 6-15-5. Provisions for all zoning districts. 1. Imitation of traffic and emergency signs prohibited: No person shall cause to be erected or maintained any sign using any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals, as established by the Texas Manual on Uniform Traffic Control Devices. 2. Special purpose signs: (A)Government signs: Signs which are legally required or necessary to the essential functions of government agencies, such as flags, insignia, legal notices, or informational, directional, or traffic signs concerning governmental activities or buildings, shall be exempt from the provisions of this section. 6 59882 (B)Holiday lights and decorations: Temporary lights and holiday decorations shall be exempt from the provisions of this section. 3.Prohibited signs: The following types of signs are specifically prohibited. (A) Portable signs. (B) Balloons, streamers, bunting, banners, flags, flag poles, pole signs or signs that contain moving parts unless otherwise specifically allowed by this section. (C) Signs attached to or maintained upon any tree or public utility pole or structure. (D) Signs attached to or painted on the outside of a fence, railing or wall that is not a structural part of a building. (E) Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. (F) Signs that move, flash light intermittently, change color or revolve. (G) (G) Off-premise signs except as otherwise allowed under this subsection. (H) Signs erected in the public right-of-way except as otherwise allowed under this subsection. (I) Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked on the premises of the business or in such a way that the sign attracts the attention of or informs persons using the public right-of-way. (J) A-framed signs (signs located in the back of a truck or other vehicle). (K) Can signs made of plastic or similar translucent materials. 4.Flags: All flags shall conform to the following requirements: (A) Nothing in this section shall be construed to prevent the display of a national, state, county or school district or city flag. (B) A business may erect one corporate flag and flag pole, per location, for a bonafide company or corporate office located within the city. 7 59882 5.Obscenity: No person shall display on any sign any obscene, indecent or immoral matter. Any sign which contains any obscene, indecent or immoral matter shall be removed or the obscene, indecent or immoral matter must be removed within 24 hours of notice. 6.Obsolete signs: All temporary signs relating to an event shall be removed within twenty-four (24) hours after the occurrence of the event. 7.Maintenance of signs: Sign and sign supports shall be maintained in a state of good repair and neat appearance at all times. 8.Temporary banner signs: Banner signs shall be permitted subject to the following restrictions: (A) Banner signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Businesses that erect signs under the provisions of this section shall not display a sign that states "Going Out of Business" or similar message more than one time. (B) During the initial year of operation, a business shall be permitted to erect one temporary banner sign a maximum of four times. Such signs shall be erected a maximum of 14 days for each permit except the initial sign may be erected for a maximum of 45 days. A permit shall not be issued within 30 days of the date that any temporary banner sign was erected at the occupancy. The permit application for the sign must include the date the sign will be erected, the date the sign will be removed and a drawing showing the location of the sign. The effective area for such signs shall not exceed 40 square feet. (C) A business that has been in operation for a period of one year or more, and non-profit organizations, shall be permitted to erect one temporary banner sign at an occupancy two times per calendar year. Such signs shall be erected a maximum of 14 days for each permit. A permit, for such a sign, shall not be issued within 30 days of the date that any temporary banners sign was erected at the occupancy. The effective area for such signs shall not exceed 40 square feet. (D) New multi-family developments shall be allowed to display one banner sign as provided in this section. Signs shall refer to leasing information only and shall be removed within six months of the date the permit was issued. Signs shall not exceed 150 square feet in effective area. Signs shall be constructed of cloth or canvas 8 59882 material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Sec 6-15-6. Provisions for temporary (on-premise) signs. The following signs may be erected and maintained subject to the following restrictions: 1.Residential property sale and rental signs: The owner or occupant may erect non-illuminated real estate sale and rental signs and personal property sale signs in the required front yard of platted property zoned SF, 2F or TH until the ownership has been transferred or the property is leased. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the house, but no closer than three feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least 15 feet from the edge of the street pavement. On lots that abut streets where sidewalks exist the signs shall be located no closer than 15 feet to any street pavement. Lots shall be limited to three signs not exceeding six square feet. No permit is required. 2.Business real estate signs: (A) Highway frontage: (i) Temporary signs advertising the sale, rental or lease of the land upon which the sign is located may be erected on a tract of land two acres or larger in size fronting State Highway 121 or Interstate Highway 635 subject to the following restrictions. (ii) Such signs shall not exceed 200 square feet in effective area, shall be located a minimum of 15 feet from all property lines and shall be limited to one sign per tract. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (B) Other locations requiring a permit: (i) Temporary signs advertising the sale, rental or lease of the property on which the sign is located may be erected on a tract of land less than two acres in size fronting State Highway 121 and Interstate Highway 635, and on tracts of any size elsewhere, except for property zoned SF, TH or 2F, subject to the following restrictions. (ii) Such signs shall not exceed 36 square feet in effective area, shall be located a minimum of 15 feet from all property lines, shall be spaced a minimum of 50 feet apart along a lot frontage, and shall be limited to no more than four signs 9 59882 per lot. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (C) Locations not requiring a permit: No permit is required for the owner or occupant of business zoned property to erect and maintain non-illuminated real estate sale signs until the ownership has been transferred, subject to the following restrictions. Such signs shall not exceed six square feet and shall be located no closer than 15 feet from any property line. No more than one sign shall be located for every two acres in a tract of land or portion thereof. 3.Subdivision identification: Owners of property zoned SF, TH, and 2F may erect signs to identify new subdivisions, developers and builders, builders' phone numbers and new home price information. Only one sign per subdivision is allowed. Such signs shall not exceed 36 square feet in effective area, shall be located a minimum of 15 feet from all property lines, and shall be limited to 15 feet in height. Permits for such signs shall be limited for a period of one year from the date of issuance subject to renewal upon approval of the building official. Such signs must be removed when permits have been issued for construction on 75 percent of the lots within the subdivision. 4.Temporary construction signs: One temporary construction sign is permitted to advertise the coming of a new business. Such signs shall not be erected prior to the approval of the site plan and/or zoning action by the city council for the property on which the sign is to be located. The sign must be removed prior to the issuance of a certificate of occupancy or two years from the date of the city council action, whichever occurs first. Such signs shall conform to the following provisions: Maximum effective area--100 square feet. Maximum height--15 feet. Minimum setbacks--15 feet from the street right-of-way. Sec 6-15-7. Provisions for temporary off- premise signs. 1.Builders and Developers: Builders and developers may erect temporary off- premise signs which refer to a subdivision. No more than ten signs per subdivision may be erected. Such signs shall refer only to subdivisions located within the city. A subdivision shall be defined as a platted tract of land that is zoned SF, TH or 2F. Separate sections or phases of a subdivision shall not constitute a new and separate subdivision. Such signs shall not list or refer to any builders or developers, and shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Such sign faces shall not exceed six (6) square feet in effective area, or 36 inches in height as measured from grade. Signs may only be placed in the City’s right-of-ways as listed in Section 6-15-8, Sign Zones of this Article. No sign will be allowed within any street median or attached to any tree, public utility pole, 10 59882 street sign, traffic control sign or devise or other sign. No permit or fee is required. 2. Real estate signs: Real estate agents may erect on private or public right-of-way, as measured and configured in accordance with Figure 1 hereof, temporary off-premise signs which are only directional and only refer to open houses within the City. Signs may contain only a directional arrow and the words “OPEN HOUSE”. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Signs shall not exceed two (2) square feet in effective area or 36 inches in height, as measured from grade. Signs may be placed within the public right-of-way provided that they do not project out over the street or sidewalk. Signs must be placed within a Sign Zone as described by Section 6-15-8, Sign Zone, of this ordinance, if such a Sign Zone is available at the location. No sign shall be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 3. Religious institutions: Religious institutions may erect temporary off-premise signs which refer to location and service schedules. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Signs shall not exceed six-square feet in effective area and 36 inches in height, as measured from grade, as established in Figure 1. Signs may be placed within the public right-of-way, provided they do not project out over the street or sidewalk. Signs must be placed within a Sign Zone as described by section 6-15-8, Sign Zone, of this ordinance. No sign shall be erected within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 4. Political Signs: (A) Political signs on private property are exempt from the provisions of this Article if it: i. does not have an effective area greater than 36 square feet; ii. is 8 feet or less in height; iii. is not illuminated; or iv. does not have any moving elements. (B) Political signs are strictly prohibited from any and all public property and right-of-way within the City. 5.Garage sale signs: An occupant of a Single-Family or Multi- Family residence may erect temporary off-premise signs which refer to a garage sale held on their property. Such signs shall be erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m. Sunday. Sign faces shall not exceed six (6) square feet or 36 inches in height from grade, as depicted in Figure 1. Signs may be placed within the city right-of-way, provided that they do not project out over 11 59882 the street or sidewalk. Signs must be placed within a Sign Zone as described by Section 6-15-8, of this article, if such a Sign Zone is available at the location. No sign will be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. No permit or fee is required. 6.Community event notices: Bonafide non-profit organizations may erect temporary off-premise signs which refer to an activity or function of the organization. Such signs shall not be erected for more than ten days. Sign faces shall not exceed six square feet in effective area or 36 inches in height as measured from grade, as depicted in Figure 1. Signs may only be placed with the city’s right-of-ways as listed in Section 6-15-8 Sign Zones, of this Article. No sign will be otherwise allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. A permit shall be required for these signs; however, no permit fee will be assessed. Sec. 6-15-8. Sign Zones. Signs listed in Section 6-15-7(1) Builders and Developers, Section 6-15-7(3) Religious Institutions, and Section 6-15-7(6) Community event notices signs may only be placed within identified Sign Zones. All other temporary signs, as herein permitted, shall also be placed within the Sign Zone, when such sign is located at an intersection which such sign zone exists. Signs within the sign zone may only be placed in the direction of travel as the intersection is approached, as depicted in Figure 2. Signs must be placed within the limits of the Sign Zone as identified on the adjacent curb or pavement where a curb is not present. No sign will be allowed within any street median or attached to any tree, public utility pole, street sign, traffic control sign or devise or other sign. The following intersections are designated as Sign Zones for the purposes of this section: 1. Parkway Boulevard and Denton Tap Road 2. Sandy Lake Road and Denton Tap Road 3. Bethel School Road and Denton Tap Road 4. Beltline Road and Denton Tap Road 5. Wrangler Drive and Denton Tap Road 6. MacArthur Boulevard and Samuel Blvd. 7. MacArthur Boulevard and Parkway Boulevard 8. MacArthur Boulevard and Sandy Lake Boulevard 9. Beltline Road and MacArthur Boulevard 10. Sandy Lake Road and Samuel Boulevard 11. Sandy Lake Road and Moore Road 12. Ruby Road and Freeport Parkway 13. Creekview Drive and Freeport Parkway 14. Beltline Road and Fairway Drive (See Fig. 3).” 12 59882 SECTION 2.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 3. That it is further the intent and declared the purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by such passage, but prosecution and suits for such offense, liabilities, penalties, or forfeitures may be instituted, and causes presently pending may proceed. SECTION 4.Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances of the City of Coppell, Texas, as amended hereby, shall be deemed 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 Thousand ($2,000.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. That this Ordinance shall take effect immediately from and after its passage and publication, as the law and charter is such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ 13 59882 LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 10/22/03) 6 square-foot signsFigure 1Church GarageSale at NewSubdivision3’2’2 square-foot sign36”2’36”1’OPENHOUSE3’Saturday 1-4 p.m.XSD Store Parking Lot2’36”When a community event is sponsored by a privatecompany, the size of the event’s name shall be aminimum of 3 times the size of the sponsor’s name. DEPT: City Manager DATE: December 9, 2003 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, by amending Article 8-5, General Traffic Regulations, by adding Section 8-5-5 to prohibit the operation of neighborhood electric vehicles and motor assisted scooters on streets, highways, and alleys; by amending Article 8-6 by providing a new title and by amending Sections 8-6-1 through 8-6-3 to provide a definition and regulations for motor assisted scooters; by amending Chapter 9, Section 9-11-3 by adding subsection (T) to regulate the use of motorized vehicles and motor assisted scooters on park property; providing a repealing clause; providing a severability clause; providing for a penalty; and providing an effective date; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Scooter 1 60622 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 8-5, GENERAL TRAFFIC REGULATIONS, BY ADDING SECTION 8-5-5 TO PROHIBIT THE OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR ASSISTED SCOOTERS ON STREETS, HIGHWAYS AND ALLEYS; BY AMENDING ARTICLE 8-6 BY PROVIDING A NEW TITLE AND BY AMENDING SECTIONS 8-6-1 THROUGH 8-6-3 TO PROVIDE A DEFINITION AND REGULATIONS FOR MOTOR ASSISTED SCOOTERS; BY AMENDING CHAPTER 9, SECTION 9-11-3 BY ADDING SUBSECTION (T) TO REGULATE THE USE OF MOTORIZED VEHICLES AND MOTOR ASSISTED SCOOTERS ON PARK PROPERTY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the prohibition of neighborhood electric vehicles and motor assisted scooters on the streets, highways and alleys within the City of Coppell is necessary in the interest of safety; and WHEREAS, the City Council has determined that the prohibition of motor assisted scooters on paths and trails within the City, except on paths and trails that are exclusively set aside for the operation of bicycles, is necessary in the interest of safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the City of Coppell Code of Ordinances, be, and the same is, hereby amended by amending Article 8-5 by adding Section 8-5-5 to prohibit the operation of neighborhood electric vehicles and motor assisted scooters on streets, highways, paths and alleys within the City, which shall read as follows: "ARTICLE 8-5 GENERAL TRAFFIC REGULATIONS . . . . . Sec. 8-5-5. Neighborhood electric vehicles and motor assisted scooters. 2 60622 A. For purposes of this section the terms “neighborhood electric vehicle” and “motor assisted scooter” shall have the following meaning: Neighborhood Electric Vehicle shall mean a vehicle subject to Federal Motor Safety Standard 500. Motor Assisted Scooter shall mean a self-propelled device with: (1) at least two wheels in contact with the ground during operation; (2) a braking system capable of stopping the device under typical operations; (3) a gas or electric motor not exceeding 40 cubic centimeters; (4) a deck designed to allow a person to stand or sit while operating the device; and (5) the ability to be propelled by human power alone. B. A person may not operate a neighborhood electric vehicle or motor assisted scooter on any alley, street or highway within the City. C. A person may not operate a motor assisted scooter on any path or trail within the city except on paths and trails set aside for the exclusive operation of bicycles. D. A person may not operate a neighborhood electric vehicle or motor assisted scooter after dark within the City." SECTION 2.That the City of Coppell Code of Ordinances, be, and the same is, hereby amended by amending Article 8-6 by providing a new title and by amending Sections 8-6-1 through 8-6-3 to provide a definition and regulations for motor assisted scooters, which shall read as follows: “ARTICLE 8-6. PROTECTIVE HEAD WEAR Sec. 8-6-1 Definitions. . . . . . Motor Assisted Scooter shall mean a self-propelled device with: (1) at least two wheels in contact with the ground during operation; 3 60622 (2) a braking system capable of stopping the device under typical operations; (3) a gas or electric motor not exceeding 40 cubic centimeters; (4) a deck designed to allow a person to stand or sit while operating the device; and (5) the ability to be propelled by human power alone. Neighborhood Electric Vehicle shall mean a vehicle subject to Federal Motor Safety Standard 500. . . . . . Sec. 8-6-2. Protective Head Wear Required. A. A person who is a child . . . on a bicycle, motor assisted scooter, neighborhood electric vehicle, any side car, . . . . . B. A parent . . . the child to operate or ride upon a bicycle, motor assisted scooter, neighborhood electric vehicle, any side car, . . . . . C. A person older than 14 years of age . . . as a passenger on a bicycle, motor assisted scooter, neighborhood electric vehicle, any side car, . . . attached to a bicycle, motor assisted scooter, neighborhood electric vehicle within the city. D. It is a defense to the prosecution under subsection A. or B., that: 1. The bicycle, motor assisted scooter, neighborhood electric vehicle is not being operated upon a public way at the time of the alleged offense. . . . . .” SECTION 3.That the City of Coppell Code of Ordinances, be, and the same is, hereby amended by amending Chapter 9, Section 9-11-3 by adding Subsection T. to regulate the use of motorized vehicles and motor assisted scooters on park property, which shall read as follows: “Sec. 9-11-3. General regulations. . . . . . T. To operate a motor assisted scooter, as defined in Sec. 8-6-1 of this Code, any where within the limits of any park or the designated hike and bike trail system except on paths set aside for the exclusive operation of bicycles.” 4 60622 SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5.That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 6.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 Code of Ordinances of the City of Coppell, as heretofore amended, or as previously provided in Article 8-7, regarding protective head wear, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500) Dollars for each offense; and each day such violation shall continue shall constitute a separate offense. SECTION 7.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 the _______ day of ___________________, 2003. APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR 5 60622 ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 12/2/03) DATE: December 9, 2003 ITEM #: 17 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: December 9, 2003 ITEM #: 18 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Council Goals FY 2004. B. C-CERT Training. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: December 9, 2003 ITEM #: 19 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding the Christmas Parade and Holiday Season. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: December 9, 2003 ITEM #: 20 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: December 9, 2003 ITEM #: 21 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec