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CP 2005-01-11 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 11, 2005 DOUG STOVER, DIANA RAINES, Place 3 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 JAYNE PETERS, Place 2 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) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 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, January 11, 2005, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, 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 reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. CISD/Northlake Property. 2. Western Rim v. City of Coppell. ag011105 Page 1 of 5 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Long-term Parking in Residential Areas. B. Review and Discussion of Proposed Sign Ordinance Revisions. C. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of a proclamation naming January 2005 as School Board Recognition Month, and authorizing the Mayor to sign. 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 14, 2004. B. Consider approval of an interlocal agreement with Dallas County for road widening along Sandy Lake Road, west of Denton Tap Rd., in a cost share amount of $11,734.50, as provided in the infrastructure maintenance fund; and authorizing the Mayor to sign. C. Consider approval of an ordinance abandoning a sanitary sewer easement located in Hidden Valley Addition; and authorizing the Mayor to sign. ag011105 Page 2 of 5 ITEM # ITEM DESCRIPTION D. Consider approval of an ordinance abandoning a utility easement in exchange for an alternate utility easement located in the Rozas Addition; and authorizing the Mayor to sign. E. Consider approval of a Memorandum of Understanding between the Coppell Chamber of Commerce and the City, and authorizing the Mayor sign. F. Consider approval of a resolution of the City of Coppell, Texas, approving the creation of a training program for the Coppell Police Department through TCLEOSE, and authorizing the Mayor to sign. END OF CONSENT 10. PUBLIC HEARING: Consider approval of Case No. PD-209-C, TownOaks Centre, zoning change request from C (Commercial) to PD-209-C (Planned Development-209- Commercial) to allow variances to the City’s Sign Ordinance regarding two monument signs and attached signage at 120 S. Denton Tap Road, located at the southeast corner of Denton Tap and Sandy Lake Roads. 11. PUBLIC HEARING: Consider approval of Case No. PD-163R4-SF-9, Windsor Estates, zoning change request from PD-163R2-SF-9 (Planned Development 163-Revision 2-Single Family-9) to PD-163R4-SF-9 (Planned Development 163-Revision 4-Single Family-9) to revise the fence line from 25’ to 15’ along DeForest Road to allow for a four-foot tall wrought iron fence on a 16-inch tall retaining wall on Lot 1, Block B (612 St. James). 12. PUBLIC HEARING: Consider approval of the Windsor Estates, Lot 1, Block B, Replat, to revise the fence line from 25’ to 15’ along DeForest Road to allow for a four-foot tall wrought iron fence on a 16-inch tall retaining wall on Lot 1, Block B (612 St. James). 13. Consider approval of an Ordinance for Case No. PD-208-LI, Coppell Trade Center, zoning change from LI (Light Industrial) to PD-208-LI (Planned Development-208-Light Industrial) to approve a Concept Plan to allow the construction of approximately 645,000-square-feet of office warehouse uses on 40.6 acres of property, and approval of a Detail Plan for Phase 1 on 12.87 acres of property, containing a 195,845-square-foot building located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and authorizing the Mayor to sign. ag011105 Page 3 of 5 ITEM # ITEM DESCRIPTION 14. Necessary action resulting from Work Session. 15. Mayor and Council Reports. A. Report by Mayor Stover regarding Senator Shapiro’s Town Hall Meeting. B. Report by Mayor Stover regarding Teen Initiative. C. Report by Mayor Stover regarding Legislative Session Swearing In. 16. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2005, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag011105 Page 4 of 5 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. ag011105 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2005 Economic Development • Continue "Hot Spot" focus • Develop strategy for use or sale of city-owned property • Study revenue enhancement options • Develop comprehensive Old Town strategy • Entice Dallas County Community College District to locate satellite facility in Coppell • Continue focus on vacant retail revitalization Quality Public Facilities & Infrastructure • Study continued use of ½-cent sales tax for park purposes • Develop permanent funding for IMF • Continue focus on local and regional transportation efforts • Provide quality park and recreation activities for all Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Explore municipal/ISD service synergies • Develop methods to enhance communication and citizen involvement Sense of Community • Develop comprehensive Old Town strategy • Finalize cemetery issue • Develop and support community special events and programs • Develop and support activities for teens • Continue development of trails throughout the community Fiscal Stability • Continue and improve financial planning and forecasting • Continue systematic management and reduction of debt • Balance expenditure decisions with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Work to protect sales tax base from Streamlined Sales Tax initiative Neighborhood Integrity & Code Enforcement • Maintain communications with neighborhoods and the community • Update the Master Plan and Zoning as required • Introduce a more proactive neighborhood integrity approach Safe Community • Maintain and improve existing excellent level of service • Continue focus on Homeland Security • Provide quality public safety education programs • Enhance traffic/speed control efforts DATE: January 11, 2005 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. CISD/Northlake Property. 2. Western Rim v. City of Coppell. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: January 11, 2005 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding long-term Parking in Residential Areas. B. Review and Discussion of Proposed Sign Ordinance Revisions. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DEPT: City Manager DATE: January 11, 2005 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming January 2005 as SCHOOL BOARD RECOGNITION MONTH, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !schoolbd PROCLAMATION WHEREAS, the mission of the public schools is to meet the diverse educational needs of all children and to empower them to become competent, productive contributors to a democratic society and an ever-changing world; and WHEREAS, local school board members are committed to children and believe that all children can be successful learners, and that the best education is tailored to the individual needs of the child; and WHEREAS, local school board members work closely with parents, educational professionals, and other community members to create the educational vision we want for our students; and WHEREAS, local school board members are responsible for ensuring the structure that provides a solid foundation for our school system; and WHEREAS, local school board members are strong advocates for public education and are responsible for communicating the needs of the school district to the public and the public’s expectations to the district. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby declare my appreciation to the members of the Coppell Independent School Board, the Carrollton-Farmers Branch Independent School Board, and the Lewisville Independent School Board, and proclaim the month of January 2005 as “SCHOOL BOARD RECOGNITION MONTH” and urge all citizens to join me in recognizing the dedication and hard work of local school board members and in working with them to mold an education system that meets the needs of both today’s and tomorrow’s children. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of January 2005. ____________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary DATE: January 11, 2005 ITEM #: 8 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: %citapp.doc DEPT: City Secretary DATE: January 11, 2005 ITEM #: 9/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: December 14, 2004 GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes CM121404 Page 1 of 17 MINUTES OF DECEMBER 14, 2004 The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 14, 2004, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor (late arrival) Diana Raines, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember (late arrival) 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 Robert Hager. ITEM # ITEM DESCRIPTION 1. Call to order. Mayor Pro Tem Raines called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. CISD/Northlake Property. 2. Update regarding Airport Issues. 3. Western Rim v. City of Coppell. 4. City of Coppell vs. Barney Barnett, et al B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of land south of Bethel, west of Coppell Road. 2. Sale of land north of Ruby Road, east of State Road. CM121404 Page 2 of 17 Mayor Pro Tem Raines convened into Executive Session at 5:32 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:19 p.m. and opened the Work Session. Mayor Stover and Councilmember Peters arrived during Executive Session. Mayor Pro Tem Raines left during Executive Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding long-term Parking in Residential Areas. B. Discussion regarding Code Enforcement related to signs. C. Presentation of Special Event Sponsorship CD. D. Discussion of Agenda Items. Item A was postponed to a future meeting. Mayor Pro Tem Raines rejoined the meeting during Work Session. Councilmember Tunnell left during Work Session. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor David Stubblefield, First Baptist Church led those present in the Invocation. CM121404 Page 3 of 17 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Citizens' Appearances. There was no one signed up to speak under this item. 8. Consider approval of a Proclamation naming December 14, 2004 as KEEP COPPELL BEAUTIFUL RECOGNITION DAY, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to members of the Keep Coppell Beautiful Committee present. John Dobson, Chair, spoke to Council regarding the Keep Coppell Beautiful Recognition Day award. Action: Mayor Pro Tem Raines moved to approve a Proclamation naming December 16, 2004 as KEEP COPPELL BEAUTIFUL RECOGNITION DAY, and authorizing the Mayor to sign. Councilmember Faught seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught, Suhy and York voting in favor of the motion. Councilmember Tunnell was not in attendance for the vote. 9. Presentation by Economic Development Committee regarding the city of Coppell’s Municipal Report Card from NAIOP. Presentation: Andrea Roy, Economic Development Coordinator, made a presentation regarding the city of Coppell’s Municipal Report Card from NAIOP. 10. Consider approval of a joint resolution between the city of Coppell and the Coppell Independent School District endorsing CM121404 Page 4 of 17 the Healthy Communities-Healthy Youth initiative and authorizing the Mayor to sign. Presentation: Clay Phillips, Deputy City Manager, addressed Council. Action: Councilmember Brancheau moved to approve Resolution No. 2004- 1214.1 a joint resolution between the city of Coppell and the Coppell Independent School District endorsing the Healthy Communities-Healthy Youth initiative and authorizing the Mayor to sign. Councilmember York seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught, Suhy and York voting in favor of the motion. Councilmember Tunnell was not in attendance for the vote. CONSENT AGENDA 11. Consider approval of the following consent agenda items: A. Consider approval of minutes: November 9, 2004. B. Consider approval of a grant agreement between the city of Coppell, the Coppell Education Development Corporation, and Lewisville Independent School District for computer programs to teach Spanish in the amount of $7,956.50, and authorizing the City Manager to sign. C. Consider approval of a grant agreement between the city of Coppell, the Coppell Education Development Corporation, and The North Hills School for technology support in the amount of $1,009.00, and authorizing the City Manager to sign. D. Consider approval of awarding RFP #0077 and enter into an agreement with DFW Multimedia, Inc., in the amount of $46,370, as budgeted, for video production services, and authorizing the City Manager to sign. CM121404 Page 5 of 17 E. Consider approval for the procurement of an aerial bucket truck for the Public Works Department, through Houston- Galveston Area Coop (HGAC) Bid No. HT11-03 from Philpott Motors in the amount of $68,500.00, as budgeted; and authorizing the City Manager to sign all required documents relative to the purchase. F. Consider approval for the procurement of three (3) BMW Motorcycles for the Police Department, per Bid Q-1004-02 from BMW Motorcycles of North Dallas in the amount of $54,600.00, as budgeted; and authorizing the City Manager to sign all required documents relative to the purchase. Land Use and Development G. Consider approval of an Ordinance for Case No. PD-202- TH-1, Villas of Lake Vista, zoning change from HC (Highway Commercial) to PD-202-TH-1 (Planned Development-202-Townhouse-1) to allow the construction of 155 townhome lots and 23 common areas on approximately 22 acres of property located south of Lake Vista Drive, east of MacArthur Blvd. and an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Mixed Use to Residential Medium Density, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. PD-204-C, Crème de la Crème, zoning change from C (Commercial) to PD-204-C (Planned Development-204-Commercial) to allow the construction of a 20,425-square-foot day care center on 2.8 acres of property, located along the east side of Denton Tap Road, south of the Vintage Car Wash, and authorizing the Mayor to sign. I. Consider approval of an Ordinance for Case No. PD-206- HO-R, Conoboy Addition, zoning change from HO-R (Historic Overlay-Retail) to PD-206-HO-R (Planned Development-206-Historic Overlay-Retail), to allow the conversion of a 2,480-square-foot residential structure to an office use on 0.4 of an acre of property located along the west side of Coppell Road, approximately 300 feet CM121404 Page 6 of 17 south of Bethel Road (717 Coppell Road), and authorizing the Mayor to sign. J. Consider approval of an Ordinance for Case No. S-1217-LI, Coppell South Substation, zoning change from LI (Light Industrial) to S-1217-LI (Special Use Permit-1217-Light Industrial), to allow the construction of an electric substation on 4.3 acres of property located along the north side of Southwestern Boulevard, approximately 500 feet west of Coppell Road, and authorizing the Mayor to sign. K. Consider approval of an Ordinance allowing certain Employees of the City who have terminated previous memberships in the Texas Municipal Retirement System, to deposit the sums so withdrawn, plus annual withdrawal charges, and allowing and undertaking the cost of allowing any such Employee credit in such system for all service to which such Employee had been entitled at date of such withdrawal, with like effect as if all such service had been performed as an Employee of this city; and authorizing the Mayor to sign. L. Consider approval of extending Bid/Contract #Q-0101-03 for the FY 2004-05 Sidewalk Replacement Program to Quantum Contracting, Inc., in an amount of $100,000, as budgeted in the Infrastructure Maintenance Fund. M. Consider approval of extending Bid/Contract #Q-0402-01 for the FY 2004-05 Reinforced Concrete Pavement Repair Program to Pavement Services Corporation in an amount of $250,000, as budgeted in the Infrastructure Maintenance Fund. Presentation: Jim Witt, City Manager, answered questions from Council on Item K. Vivyon Bowman, Director of Human Resources/Administrative Services, answered questions from Council on Item K. Ken Griffin, Director of Engineering/Public Works, answered questions from Council on Items L and M. CM121404 Page 7 of 17 Action: Councilmember York moved to approve Consent Agenda Items A, B, C, D, E, F, G carrying Ordinance No. 91500-A-398, H carrying Ordinance No. 91500-A-399, I carrying Ordinance No. 91500-A-400, J carrying Ordinance No. 91500-A-401, K carrying Ordinance No. 2004-1089, L and M. Councilmember Suhy seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught, Suhy and York voting in favor of the motion. Councilmember Tunnell was not in attendance for the vote. 12. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Texas Dugan Limited Partnership, described as Lots 6 & 7, Block A (14.13 acres) and located at the southwest corner of Freeport Parkway and Creekview Drive. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Presentation: Andrea Roy, Economic Development Coordinator, made a presentation to Council. Action: Councilmember York moved to close the Public Hearing and approve the following items: Item 12: Approve the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Texas Dugan Limited Partnership, described as Lots 6 & 7, Block A (14.13 acres) and located at the southwest corner of Freeport Parkway and Creekview Drive. CM121404 Page 8 of 17 Item 13: Approve Ordinance No. 2004-1090 designating Texas Dugan Limited Partnership, Reinvestment Zone No. 44, and authorizing the Mayor to sign; and Item 14: Approve Resolution No. 2004-1214.2 approving a Tax Abatement Agreement between the City of Coppell and Texas Dugan Limited Partnership, and authorizing the Mayor to sign. Councilmember Suhy seconded the motion, the motion carried 6-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught, Suhy and York voting in favor of the motion. Councilmember Tunnell was not in attendance for the vote. 13. Consider approval of an Ordinance designating Texas Dugan Limited Partnership, Reinvestment Zone No. 44, and authorizing the Mayor to sign. This item was approved with Item 12. See Item 12 for minutes. 14. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Texas Dugan Limited Partnership, and authorizing the Mayor to sign. This item was approved with Item 12. See Item 12 for minutes. 15. PUBLIC HEARING: Consider approval of Case No. PD-208-LI, Coppell Trade Center, zoning change request from LI (Light Industrial) to PD-208-LI (Planned Development-208-Light Industrial) to approve a Concept Plan to allow the construction of approximately 645,000-square-feet of office warehouse uses on 40.6 acres of property, and approval of a Detail Plan for Phase 1 on 12.87 acres of property, containing a 195,845-square-foot building located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway. CM121404 Page 9 of 17 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Al Sorrells, 6453 Mimosa Lane, Dallas, TX, Applicant, made a presentation to Council. There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:11 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:31 p.m. and opened the Regular Session. Councilmember Tunnell returned during the Executive Session. REGULAR SESSION (Open to the Public) Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-208-LI, Coppell Trade Center, zoning change request from LI (Light Industrial) to PD-208-LI (Planned Development-208-Light Industrial) to approve a Concept Plan to allow the construction of approximately 645,000-square-feet of office warehouse uses on 40.6 acres of property, and approval of a Detail Plan for Phase 1 on 12.87 acres of property, containing a 195,845-square-foot building located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway subject to the following conditions: CM121404 Page 10 of 17 1. Change address of Sandy Lake Industrial to “Addison” from “Dallas” on all exhibits. 2. Tree retribution in the amount of $120,000 to be paid in two phases of $60,000 each, payable prior to the issuance of the certificate of occupancy for each phase, or in full within five (5) years. Councilmember Peters seconded the motion, the motion carried 6-1 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Faught, Suhy and York voting in favor of the motion and Councilmember Tunnell voting against the motion. 16. Consider approval of the Coppell Trade Center, Lot 1 Block 1, Minor Plat, to allow the construction of a 195,845-square-foot building (Phase 1) on a portion of 40.6 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember York moved to approve the Coppell Trade Center, Lot 1 Block 1, Minor Plat, to allow the construction of a 195,845-square-foot building (Phase 1) on a portion of 40.6 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway subject to the following conditions: 1. Prepare title, signature and additions statements as outlined in the Coppell Subdivision Regulations. 2. Abide by Engineering comments. Utility Plan – A. During final review, we will look at the detail of the public water on the west side of the property. Drainage – A. A detailed analysis of the drainage through this site will be requested. Any increase in velocity to CM121404 Page 11 of 17 the adjacent property will need to be mitigated onsite, or an agreement with the adjacent property owner will be required. B. A property owner’s agreement must be submitted to the city clearly showing that the maintenance responsibility for the channel will be the property owners. This includes any mowing, silt removal or correction of erosion along the channel. Plat – A. Fire vaults and all water meters shall be located within the ROW, or a dedicated utility easement. Additional comments may be forthcoming with the submittal of final engineering plans. Councilmember Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Lots 1R and 1R1, Block D, Replat (Coppell Business Center II), to allow for the replat of one lot into two lots on 32.83 acres of property located at the northwest corner of Belt Line Road and Lakeshore Drive. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Jim Gaspard, 5001 Spring Valley Road, Suite 600W, Dallas, TX, Applicant, was available for questions from Council. Action: Councilmember Peters moved to close the Public Hearing and approve the Northlake 635 Business Park, Lots 1R and 1R1, Block D, Replat (Coppell Business Center II), to allow for the replat of one lot into two lots CM121404 Page 12 of 17 on 32.83 acres of property located at the northwest corner of Belt Line Road and Lakeshore Drive. Councilmember York seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 18. Consider approval of the BEI Properties Addition, Lot 1, Block A, Site Plan, to allow the construction of a 3,537-square-foot retail building on 0.48 of an acre of property located along the west side of Denton Tap Road, between Southwestern Boulevard and Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Troy Smith, 1342 Creekview, Lewisville, representing the owners, was available for questions. Action: Councilmember Tunnell moved to approve the following: Item 18: The BEI Properties Addition, Lot 1, Block A, Site Plan, to allow the construction of a 3,537-square-foot retail building on 0.48 of an acre of property located along the west side of Denton Tap Road, between Southwestern Boulevard and Bethel Road subject to the following condition: 1. Ensure the lighting shown on the rear elevation meets the glare and lighting standards of the Zoning Ordinance. Item 19: The BEI Properties Addition, Lot 1, Block A, Minor Plat, to allow the construction of a 3,537-square-foot retail building on 0.48 of an acre of property located along the west side of Denton Tap, between Southwestern Boulevard and Bethel Road subject to the following condition: 1. Compliance with Engineering Comments. CM121404 Page 13 of 17 Drainage Plan – A. Drainage lines crossing the adjacent property will need to be within a drainage easement. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 19. Consider approval of the BEI Properties Addition, Lot 1, Block A, Minor Plat, to allow the construction of a 3,537-square-foot retail building on 0.48 of an acre of property located along the west side of Denton Tap, between Southwestern Boulevard and Bethel Road. This item was considered under Item 18. Please see Item 18 for minutes. 20. Consider approval of the Princeton Park, Lot 1, Block 1, Site Plan Amendment, to allow the construction of a 40-square-foot multi-tenant monument sign on 1.6 acres of property at 260- 270 North Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Jimmy Bishop, 6754 East Ridge, Dallas, TX, Applicant, addressed Council. Action: Councilmember Brancheau moved to approve the Princeton Park, Lot 1, Block 1, Site Plan Amendment, to allow the construction of a 40-square- foot multi-tenant monument sign on 1.6 acres of property at 260-270 North Denton Tap Road subject to the following condition: 1. A tree removal permit will be required prior to the removal of any trees from this site. Mayor Pro Tem Raines seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. CM121404 Page 14 of 17 21. Consider approval of awarding Bid/Contract #Q-1004-01 to Tiseo Paving Company for the construction of East Sandy Lake Road (from Kimbel Kourt to east city limits) in an amount of $4,828,324.41, as provided for in CIP funds; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to Council. Action: Councilmember Tunnell moved to approve awarding Bid/Contract #Q-1004-01 to Tiseo Paving Company for the construction of East Sandy Lake Road (from Kimbel Kourt to east city limits) in an amount of $4,828,324.41, as provided for in CIP funds; and authorizing the City Manager to sign. Councilmember Faught seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 22. Consider approval to contract an architectural services firm pursuant to RFQ # 0078 for municipal building expansion. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Peters moved to approve a contract with Brinkley Sargent Architects in an amount not to exceed $67,100.00 for architectural services firm pursuant to RFQ # 0078 for municipal building expansion. Councilmember Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and York voting in favor of the motion. 23. Necessary action resulting from Work Session. There was no action necessary under this item. CM121404 Page 15 of 17 24. City Manager's Report. A. Streamline Sales Tax Update. B. Holiday Closings. A. Jim Witt, City Manager, updated Council on the Streamline Sales Tax activity. B. Jim Witt, City Manager, updated Council on Holiday Closings for the City of Coppell departments. 25. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Councilmember Faught regarding Jim Jackson’s retirement/ transition celebration. A. Mayor Stover reported on the Metroplex Mayors’ meeting he attended on December 14, 2004. The main item of discussion was air quality. B. Councilmember Faught reported on Jim Jackson’s retirement/transition celebration that he, Councilmember Peters and City Manager Witt attended on December 7, 2004. 26. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Mayor Pro Tem Raines. B. Coppell ISD - Mayor Pro Tem Raines and Councilmember Suhy. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Faught and Tunnell. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Brancheau H. Metrocrest Social Service Center - Councilmember Brancheau. I. North Texas Council of Governments - Councilmember Tunnell. J. NTCOG/Regional Emergency Management - Councilmember Suhy K. North Texas Commission - Councilmember Peters. CM121404 Page 16 of 17 L. Senior Adult Services - Councilmember Faught. M. Town Center/Architectural Committee - Councilmember Faught. N. Trinity River Common Vision Commission - Councilmember Faught. O. Trinity Trail Advisory Commission - Mayor Pro Tem Raines. A. Mayor Pro Tem Raines announced that Carrollton/Farmers Branch ISD/Lewisville ISD would be getting out of school on December 17, 2004. B. Mayor Pro Tem Raines announced that the Coppell ISD would be closing at 2:00 p.m. on Friday, December 17, 2004. The Coppell CISD voted to go back to semesters at their December 13, 2004 meeting. C. Councilmember York announced that Hubert Cozby has passed away. He also announced that Ms. Jeanne Heath is currently in the ICU at the Lewisville Hospital. D. Councilmember Peters reported on the Dallas Regional Mobility meeting she attended on December 10, 2004. The main item of discussion was the upcoming legislative agenda. E. Councilmember Faught announced that the Coppell Economic Development Committee is continuing to work on their strategic planning. F. Councilmember Tunnell announced that the December meeting for the Metrocrest Hospital Authority was canceled. They will be having a Retreat in January. G. There was nothing to report on this item. H. Councilmember Brancheau announced that the Metrocrest Social Service Center would meet on December 16, 2004. I. There was nothing to report on this item. J. There was nothing to report on this item. K. Councilmember Peters announced that the North Texas Commission is the entity in charge of greeting the soldiers when they return for R & R and the City of Coppell will be participating again in January. L. Councilmember Faught announced that the Senior Adult Services is looking for someone to help drive the Senior Adult Services bus. M. There was nothing to report on this item. N. There was nothing to report on this item. O. There was nothing to report on this item. Council reconvened into Executive Session at this time. CM121404 Page 17 of 17 EXECUTIVE SESSION (Closed to the Public) Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of land south of Bethel, west of Coppell Road. 2. Sale of land north of Ruby Road, east of State Road. Mayor Stover convened into Executive Session at 9:43 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:06 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 27. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ , Mayor ATTEST: ______________________________________ City Secretary Douglas N. Stover Libby Ball, DEPT: Engineering Department DATE: January 11, 2005 ITEM #: 9/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an interlocal agreement with Dallas County for road widening along Sandy Lake Road, west of Denton Tap Rd., in a cost share amount of $11,734.50, as provided in the infrastructure maintenance fund; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this agreement will allow the city to partner with Dallas County to have the necessary work performed at 50% of the actual cost. Staff recommends approval of the interlocal agreement with Dallas County and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are available in the Infrastructure Maintenance Fund for this agreement. Agenda Request Form - Revised 09/04 Document Name: #DallasCoAgmt "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Keith R. Marvin, P.E., Civil Engineer Date: January 11, 2005 RE: Consider approval of an interlocal agreement with Dallas County for road widening along Sandy Lake Road, west of Denton Tap Road, in a cost share amount of $11,734.50, as provided for in the infrastructure maintenance fund; and authorizing the Mayor to sign. This proposed widening is an effort to improve the flow of traffic at the intersection of Denton Tap Road and Sandy Lake Road. Traffic traveling westbound on Sandy Lake Road has three options when they get to the intersection. Traffic can turn left, right, or go straight through the intersection. Currently, there are two lanes that widen out to four lanes at the intersection. One of the two lanes feeds the two left turn lanes and the through lane and the other lane feeds the right turn lane. In September of this year we conducted a traffic count at this intersection, with the specific goal of counting the volume of traffic making these three different movements. The 24-hour count revealed a total volume of 10,591 vehicles traveling through this intersection from the westbound direction. Of that total, 3,732 vehicles turned left, or southbound on Denton Tap Road, 3,028 turned right, or northbound on Denton Tap Road, and 3,831 continued straight through the intersection to continue westbound on Sandy Lake Road. This means of the total volume of traffic, 7,563 vehicles used the left lane approaching the intersection and only 3,028 used the right lane. This causes a considerable backup in that left lane of traffic. The proposed widening would take place on Sandy Lake Road west of this intersection and allow the through westbound traffic to use both lanes as they approach the intersection and merge on the west side of Denton Tap Road. Sandy Lake Road is classified as a county Type “B” by Dallas County and as such is eligible for a cost sharing agreement with the county. The estimated cost for the county to perform this work is $21,590.50. The City of Coppell would be responsible for the material cost in the amount of $11,734.50 and Dallas County would cover the cost of the labor. Staff recommends approval of the interlocal agreement with Dallas County for road widening along Sandy Lake Road, west of Denton Tap Road, in a cost share amount of $11,734.50. Staff will be available to answer any questions at the council meeting. Road & Bridge District ILA (AM 11-1997)1 STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF COPPELL FOR ROAD WIDENING ALONG SANDY LAKE ROAD WHEREAS, the City of Coppell, Texas, hereinafter called "City", and the County of Dallas, Texas, hereinafter called "County", desire to enter into an interlocal agreement for the purpose of widening Sandy Lake Road, as further described by Exhibit "A"; and, WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by City and County for the mutual consideration stated herein: W I T N E S S E T H I. City has requested and County agrees to perform work on Sandy Lake Road, to widening Sandy Lake Road adjacent to the north side beginning at the existing driveway of Seven-Eleven Food Store westward for a distance of 300 linear feet to the existing driveway of Albertson’s Food and Drug, hereinafter called the "Project", as further described in Exhibit "A" attached hereto and incorporated herein for all purposes. The Project is classified as a County Type "B" road project. II. County agrees to furnish materials, labor and equipment necessary and to perform the Project construction at a cost not to exceed $21,590.50, hereinafter called the "Not to Exceed Amount." III. City agrees to pay to County the sum of $11,734.50 as City's portion of the cost of the Project. Such amount will be paid to County prior to the commencement of construction. Such amount will be deposited with County prior to the commencement of construction and County is authorized to expend such amount for periodic payments of Project cost. IV. City agrees to accomplish the following items, if required by the project, in a timely manner to insure that such items will not delay the County construction schedule; (1) inform the public of the proposed reconstruction of the Project; (2) locate all manholes, water valves, and other utilities within the Project; and (3) make or cause to be made all utility relocations or adjustments necessary for the Project at no cost to County. Road & Bridge District ILA (AM 11-1997)2 V. In the event that the cost of the Project shall exceed the Not to Exceed Amount, City and County agree to either reduce the scope of construction or seek additional funding to complete the project. At the termination of the Project, County will do a final cost accounting of the Project. In the event that the amount paid by City exceeds the actual cost, the difference will be remitted to City. In the event that additional funds are due, County will bill City who agrees to pay such funds within thirty (30) days of receipt of such billing. VI. The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Project and final payment as provided herein. VII. The City agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. City agrees to furnish such police personnel as requested by County for traffic control or other public safety matters at no cost to County. VIII. The County agrees to be responsible for any liability or damages the County may suffer as a result of claims, demands, costs or judgments, including all reasonable attorneys fees, against the County, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and caused by the sole negligence of the County, its agents, officers and/or employees. IX. The City agrees to be responsible for any liability or damages the City may suffer as a result of claims, demands, costs or judgments, including reasonable attorneys fees, against the City, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance of the agreement and caused by the sole negligence of the City, its agents, officers and/or employees. X. City and County agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint or comparative negligence of their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Texas. XI. City and County agree that County's obligation to perform the Project construction is contingent upon the receipt of City's payment of $11,734.50. and no construction on the Project will commence prior to the receipt by County of such payment. Road & Bridge District ILA (AM 11-1997)3 XII. This Agreement shall be expressly subject to the sovereign immunity of County and the governmental immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for any legal action regarding this Agreement filed by either City or County shall be in Dallas County, Texas. The City of Coppell, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution ____________, Minutes__________ dated the ____day of ________, 2005. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number __________ and passed on the ____day of __________, 2005. CITY OF COPPELL COUNTY OF DALLAS BY_______________________________ BY__________________________________ DOUGLAS N. STOVER, MAYOR MARGARET KELIHER, COUNTY JUDGE ATTEST: APPROVED AS TO FORM: Libby Ball, City Secretary Robert Schell, Chief, Civil Section Dallas County District Attorney APPROVED AS TO FORM: _________________________________ Robert E. Hagar, City Attorney DEPT: Engineering Department DATE: January 11, 2005 ITEM #: 9/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance abandoning a sanitary sewer easement located in Hidden Valley Addition; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this item will allow the abandonment of an existing utility easement and allow the developer to create more usable space on two lots within the subdivision. Staff recommends approval of the ordinance abandoning the sanitary sewer easement and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #HiddenValleyOrd "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Keith R. Marvin, P.E., Civil Engineer Date: January 11, 2005 RE: Consider approval of an ordinance abandoning a sanitary sewer easement in Hidden Valley Addition; and authorizing the Mayor to sign. This abandonment request is for a sanitary sewer easement within the Hidden Valley subdivision which was approved by City Council during the March 9, 2004 Council Meeting. The developer of this property is relocating a portion of the existing sanitary sewer line in order to create more usable space on two lots within the subdivision. The developer dedicated approximately 74,275 square feet of public right-of-way and 10,050 square feet of new utility easement with the Hidden Valley Addition plat. Also, the developer, at his expense, is constructing a new sewer line within the dedicated public right-of-way and a portion of the new utility easement. With this relocation, the city no longer has a need for the existing easement. The easement was dedicated to the city in 1981 for the sole purpose of the sanitary sewer line. The easement to be abandoned contains approximately 20,650 square feet of land. Staff recommends approval of this agenda item. The value of the right-of-way and easement dedicated by the developer far exceeds the value of the easement to be abandoned. Therefore, the city is not requesting any compensation for this abandonment. Staff will be available to answer any questions at the Council meeting. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A SANITARY SEWER EASEMENT IN HIDDEN VALLEY ADDITION, AS DESCRIBED IN EXHIBITS "A" AND “B” ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNERS; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE DEDICATION OF PUBLIC RIGHT-OF-WAY AND A UTILITY EASEMENT; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the location of the utility easement described in Exhibits "A" and “B” attached hereto, is not in the correct alignment for the construction of utility improvements; and WHEREAS, the abutting property owner desires that said sanitary sewer easement be abandoned and in consideration thereof has dedicated to the City of Coppell, Texas, 74,275 square feet of public right-of-way and 10,050 square feet of utility easement in the correct location; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City Council of the City of Coppell, Texas has determined that the sanitary sewer easement described in Exhibits "A" and “B”, attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the abutting property owner. SECTION 2.That this abandonment ordinance shall constitute a Quitclaim Deed in favor of the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 3.That the City Manager or his designee shall, at the appropriate time, file this ordinance as provided herein. 2 SECTION 4.That the abandonment provided for herein shall extend only to the public right, title and interest which the City of Coppell, Texas, may have in and to said sanitary sewer easement, and shall be construed to extend only to such interests that the governing body of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 5.That this ordinance shall become effective from and after its passage as the law and charter in such case provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of __________, 2005. APPROVED: __________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: __________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Engineering Department DATE: January 11, 2005 ITEM #: 9/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance abandoning a utility easement in exchange for an alternate utility easement located in the Rozas Addition; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this item will allow the abandonment of the existing utility easement in exchange for a slightly larger utility easement in a different location to help facilitate the development of the property. Staff recommends approval of the ordinance and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #RozasAdditionOrd "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Keith R. Marvin, P.E., Civil Engineer Date: January 11, 2005 RE: Consider approval of an ordinance abandoning a utility easement in exchange for an alternate utility easement located in the Rozas Addition; and authorizing the Mayor to sign. This request is to abandon an existing utility easement within the Rozas Addition, which was approved by City Council during the November 9, 2004 Council Meeting. The City of Coppell acquired this easement in 1994 with the intention of constructing a sanitary sewer line across this property to relieve a sewer line in Moore Road that was identified in our sewer master plan as being undersized. The developer of this property has dedicated by plat a parallel utility easement that contains slightly more land area than the easement to be abandoned. The developer is also being required to construct the portion of sewer line that will be within the newly dedicated easement. Staff recommends approval of this agenda item. Abandonment of this easement and dedication of a new easement will allow the construction of the sewer line that was proposed when we acquired this easement. Because the easements are similar in size, the city is not requesting any compensation for this abandonment. Staff will be available to answer any questions at the Council meeting. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A 20 FOOT UTILITY EASEMENT, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNERS; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the acceptance and relocation of public utilities has rendered the location of the utility easement described in Exhibit "A" attached hereto, to be an incorrect alignment for the construction of utility improvements; and WHEREAS, the abutting property owner desires that said utility easement be abandoned and in consideration thereof has dedicated to the City of Coppell, Texas, a utility easement in the correct location; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City Council of the City of Coppell, Texas has determined the acceptance and relocation of public utilities has rendered the utility easement described in Exhibit "A", attached hereto and made a part hereof for all purposes, to no longer be needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the abutting property owner. SECTION 2.That this abandonment ordinance shall constitute a Quitclaim Deed in favor of the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 3.That the abandonment provided for herein shall extend only to the public right, title and interest which the City of Coppell, Texas, may have in and to said utility easement, and shall be construed to extend only to such interests that the governing body of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 4.That this ordinance shall become effective from and after its passage as the law and charter in such case provide. 2 DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of __________, 2005. APPROVED: __________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: __________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: City Manager DATE: January 11, 2005 ITEM #: 9/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Memorandum of Understanding between the Coppell Chamber of Commerce and the City, and authorizing the Mayor sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Chamber MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding defines the responsibilities and roles of the City of Coppell and the Coppell Chamber of Commerce in relationship to Economic Development and Community Promotion. This Memorandum outlines primary responsibilities, as well as areas of joint responsibilities with respect to the two parties. Section I - The Chamber's primary responsibilities shall include: A. Continue to distribute and supply the City Manager’s office with a copy of the new business information packet. B. Be the contact point for ribbon-cutting ceremonies, and communicate with the City's Community Information Officer regarding these ceremonies and the City's role, if any. C. Provide a forum for the Mayor's report at the Chamber's luncheons. D. Advertise City activities, including parades, meetings and other special events in the Chamber's newsletter. E. Develop a business referral guide which includes a report on the City’s activities, as well as relevant social and economic data. F. As necessary, provide City Council candidate and special election information forums at a monthly luncheon preceding any City election. G. The Chamber will provide a forum with Chamber business leaders to discuss key legislative issues, for example, air quality, regional transportation and Robin Hood. If the Chamber takes a position, said position shall be made known to the area legislatures and the city of Coppell. H. The Chamber shall develop a sponsored street map of the City to be utilized by the Chamber and the City. The City should be supplied 500 copies with an option to purchase additional copies at cost at the time of printing. I. The Chamber shall serve as the lead, through its general operations or via designated committee, on matters of retention in the retail sector, with City staff serving a support role through information sharing. A semiannual meeting with the Economic Development Coordinator for the city of Coppell shall be held in order to share information garnered. Section II - The City's primary responsibilities shall include: A. The City shall have the primary responsibility for providing social/economic data to the Chamber of Commerce. B. The City will be prepared to provide a "state of the City" address in May to be coordinated by the Chamber during its regular monthly luncheon. C. The City shall have primary responsibility for economic development efforts through the City's Economic Development Coordinator who shall serve as the lead on matters of business recruitment within the retail, commercial, and industrial districts, and on matters of business retention within the commercial and industrial districts, with Chamber support as needed. Section III - Joint Responsibilities shall include: A. The Chamber and the City shall provide representatives to jointly serve on various committees and to protect the quality of life and the business environment in Coppell. B. The Chamber shall provide a seat on its Board for a City representative and the City Manager shall appoint a member of the City staff to fill that seat with the intent of enhancing the overall communication between the City and the Chamber. Appointment of the City representative shall be consistent with the Chamber Bylaws. This Memorandum of Understanding may be amended at any time by either party upon mutual consent and adoption by respective boards. PASSED this _______ day of _______________________ 2004. CHAMBER OF COMMERCE By: _____________________________________ Matt Hall, Chairman of the Board PASSED this _______ day of _______________________ 2005. CITY OF COPPELL By: ____________________________________ Douglas N. Stover, Mayor DEPT: Police DATE: January 11, 2005 ITEM #: 9/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution of the City of Coppell, Texas, approving the creation of a training program for the Coppell Police Department through TCLEOSE, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The Coppell Police Department desires to support a training agreement between the Coppell Police Department and the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). TCLEOSE requires a formal resolution of support from Council in order to continue training its police officers under the direction of the Coppell Police Department. The Coppell Police Department utilizes the training agreement with TCLEOSE to use certified in-house trainers (Coppell officers) in order to provide quality training without the expense of sending officers to other agencies or out of town. It also enables the police department to participate in inter-local training agreements that allows Coppell Officers to instruct officers from other participating agencies along with our own officers. This type of cooperative effort helps build working relationships with surrounding agencies while minimizing training expenses. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: )TCLEOSE RESOLUTION NO. ______________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE CREATION OF A TRAINING PROGRAM FOR THE COPPELL POLICE DEPARTMENT; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell desires to support a training agreement between the Coppell Police Department and the Texas Commission on Law Enforcement Officer Standards and Education; and WHEREAS, the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) requires a formal resolution of support from Council; and WHEREAS, the City of Coppell agrees that the continued training of its police officers is a benefit to the police department and the citizens of Coppell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Chief of Police is designated as the authorized agency administrator who is given the power to apply for, accept, reject, alter, or terminate the training agreement on behalf of the City and the Police Department. SECTION 2.That this Resolution shall take effect immediately from and after its passage 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 January, 2005. APPROVED: ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary APPROVED AS TO FORM: ____________________________________ Robert E. Hagar, City Attorney DEPT: Planning DATE: January 11, 2005 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-209-C, TownOaks Centre, zoning change request from C (Commercial) to PD- 209-C (Planned Development-209-Commercial) to allow variances to the City’s Sign Ordinance regarding two monument signs and attached signage at 120 S. Denton Tap Road, located at the southeast corner of Denton Tap and Sandy Lake Roads. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 16, 2004 Decision of P&Z Commission: Approval (4-3) with Commissioners Foreman, Milosevich, Kittrell and Reese voting in favor. Commissioners Borchgardt, Hall and McCaffrey opposed. Approval is recommended, subject to the following conditions: Attached Signs: 1) Approval of a 116-square-foot attached sign for Fitness Express, installed at the angle, as shown, with white letters being individually mounted to black metal plate, with two horizontal red stripes, and denial of the second tenant sign. Monument Signs: 1) Approval of two internally-lit monument signs along Denton Tap and Sandy Lake Roads with bronze name plates, all being the same height. Longer sign plates for tenants exceeding 15,000-square feet shall be allowed. Lettering shall be a minimum of 6-inches in height; font and color shall be consistent for all tenants. 2) The monument signs shall be a total of 63-square feet, with the additional 3-square feet being limited to the architectural accents. The sign along Denton Tap Road shall be set back 15 feet from the property line and the monument sign along Sandy Lake Road shall be set back as far as possible from the property line, within the existing island. Revised Elevations: 1) Approval of revised elevations, as resubmitted. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @1PD-209-C, TOCntr 1-AR Item # 4 Page 1 of 7 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-209-C, TownOaks Centre P & Z HEARING DATE: December 16, 2004 (Public Hearing continued from the Commission’s 11/18/04 meeting. Additional staff comments are italicized and in bold print. ) C.C. HEARING DATE: January 11, 2005 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 120 S. Denton Tap Road (southeast corner of Denton Tap and Sandy Lake Roads). SIZE OF AREA: 8.6 acres of property CURRENT ZONING: C (Commercial) REQUEST: PD-209-C (Planned Development-209-Commercial) to allow variances to the City’s Sign Ordinance regarding two monument signs and attached signage. APPLICANT: Alen Hinckley Coppell Village, LTD. 12201 Merit Drive, Suite 170 Dallas, Texas 75251 (972) 991-4600 FAX: (972) 991-7500 HISTORY: This property was originally platted into four lots in 1984. Lot 1, was platted for a restaurant pad site (now Kelly’s), Lots 2 and 4 for “strip” retail and Lot 3 for a Minyards grocery store. In March of that year, the Board of Adjustment granted a variance to the required 10-foot front yard, decreasing the landscape setback by one to seven feet. The applicant contended that they had already drawn the plans, etc, Item # 4 Page 2 of 7 prior to the adoption of the ordinance requiring 10 feet of landscaping and that providing the 10 feet would create a hardship (current ordinances would require a minimum of 15 feet of landscaping along street rights-of-way). TRANSPORTATION:Denton Tap Road is a six-lane divided thoroughfare built to standard within a 120-foot right-of-way. SURROUNDING LAND USE & ZONING: North –Frost Bank and Tom Thumb shopping center; TC (Town Center) South – Braewood shopping center; C (Commercial) East – Braewood West subdivision; SF-7 (Single Family-7) West – McDonalds, Exxon gas station; R (Retail ) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for mixed uses. DISCUSSION: The applicant is requesting to place the existing TownOaks shopping center under a PD to allow for significant variances to the Sign Ordinance for their proposed attached and monument signs. Also being requested is a revised façade, incorporating EFIS to accent the major tenants of this center. The façade has been revised to red brick to match the existing center. Understanding that encouraging the occupancy of our older, underutilized, shopping centers is a Council goal, and in the best interest of the community as a whole, there is an overriding concern of the impact that granting of all these variances will have on the future of this City. The standards set forth in the CIVIC Report and codified as part of the Zoning Ordinance in 2002 demonstrates the importance of sustaining the aesthetic values of our community. Some of the applicant’s requests are in direct conflict with those actions. If granted, as submitted, it is reasonable to assume that similar consideration will be requested by existing and future retailers in Coppell. Therefore, this application must be carefully evaluated and measured against any future negative precedence the granting of this request might generate. With regard to the signage request, and as evidenced by the Princeton Park signage application, the provision of the new ordinance can accommodate the needs of the tenants, while maintaining the aesthetic value and character that we have worked so hard to obtain. Each variance requested in this application was analyzed individually in terms of its aesthetic value and potential impact on the community as follows: Item # 4 Page 3 of 7 VARIANCES TO ATTACHED SIGNS: REGULATION: Sec. 12-29-4.3.(A) Attached signs: i. Attached signs shall consist of individually mounted channel letters in white, ivory, black or neutral colors. Raceways shall match the color of the materials to which they are mounted. All illumination shall be limited to white or off-white. Logos in any color shall be permitted, but shall not exceed 20 percent of the area of the sign. SIGN VARIANCES REQUESTED STAFF RECOMMENDATION REVISED REQUEST/ RECOMMENDATION Red being the predominate color (approximately 60%) of the attached sign with the remaining letters being white. DENIAL - Adherence to the ordinance requirements for white, ivory, black or neutral colors is recommended. The Sign Ordinance which permits logos OF ANY COLOR to be up to 20% of the sign allows for franchise recognition. Refer to the Market at Town Center as an example of 100% compliance with this regulation. Sign revised to be white channel letters, with two small red horizontal stripes, however the sign has been increased in size, see below. The letters will be individually mounted, however, they are mounted onto a black metal plate which provides a framing for sign, instead of a raceway which matches the color of the material to which it is mounted. APPROVAL – The black metal plate is included in the area of the sign, and the letters are individually mounted to allow for a shadowing effect and therefore merits approval. APPROVAL – NOT REVISED SINCE INITIAL REQUEST. One additional non-conforming sign (one non-conforming color in addition to black) is requested to be permitted for a future lease space which exceeds 10,000-square feet. DENIAL - There is no tenant - the existing sign regulations should prevail. DENIAL - NOT REVISED SINCE INITIAL REQUEST. Elevation and notes needs to be revised. REGULATION: Sec. 12-29-4.3.(B) Effective Area: “….attached signs are permitted a maximum aggregate effective area equal to one-square foot per lineal foot of building or leasehold frontage as applicable”. Item # 4 Page 4 of 7 SIGN VARIANCES REQUESTED STAFF RECOMMENDATION REVISED REQUEST/ RECOMMENDATION Express Fitness has 116 feet of linear frontage; therefore, a 116- square- foot attached sign is permitted. This sign, if measured at an angle, is 116- square feet. However, if measured as defined in the Sign Ordinance, the effective area of the sign is approximately 140-square feet. APPROVAL – This particular sign, if compliant in terms of color, would be appropriate at the angle, as designed APPROVAL OF MEASURING THE SIGN AT AN ANGLE, BUT DENIAL OF THE INCREASED SIZE - The attached sign has been increased in size to 150 square feet, exceeding the maximum allowed by Ordinance by 34- square feet, if measured at an angle, as previously supported. There is no compelling reason to allow an attached sign which is 30% larger than would be permitted by the Sign Ordinance. The exhibit also includes a 116- square foot sign which is compliant with the Sign Ordinance, and recommended for approval. VARIANCES TO MONUMENT SIGNS REGULATION: “Sec. 12-29-4.2(A) (recent ordinance amendment) “ii. In the case of multi-tenant office and/or retail buildings, the individual tenant names may be listed subject to: (a) Individual tenant nameplates must be the uniform size, color and font, in accordance with this ordinance. (b) Minimum letter size shall be six inches…” “No other advertising or promotional information is permitted thereon. Such sign may be single or double-faced. Can signs made of plastic or similar materials are not permitted as detached (monument) signs. Back-lit plastic is not permitted within detached (monument) signs.” SIGN VARIANCES REQUESTED STAFF RECOMMENDATION REVISED REQUEST/ RECOMMENDATION Two plates are twice the size of the remaining 8 plates. APPROVAL - When this revision to the sign ordinance was written, it was assumed to be applicable to non- APPROVAL – NOT REVISED SINCE INITIAL REQUEST Item # 4 Page 5 of 7 anchor strip retail and multi-tenant office buildings (i.e. Princeton Park). It is reasonable to allow major tenants (greater than 15,000-square feet) to have larger signs. Given that all the name plates are the same height, this variance merits approval. Minimum letter size is 5 inches DENIAL – As discussed during the Sign Ordinance amendment process, 6-inch is the minimum letter size to allow for recognition at travel speeds of 40 miles per hour. DENIAL – LETTER SIZE NOT REVISED SINCE INITIAL REQUEST, ALSO REQUESTING VARIOUS FONTS – DENIAL OF VARIETY OF FONTS. Requesting internally lit sign APPROVAL - Considering that the name plates will be bronze, with cut- out letters and the internally lit areas will be limited to the letters, this design, with controlled lighting, is in keeping with the intent of the ordinance. APPROVAL – NOT REVISED SINCE INITIAL REQUEST REGULATION: “Sec. 12-29-4.2(C) ii. Provided that the premises has frontage on more than one street and that the frontage on each street is 500 feet or more, two monument signs are permitted on premises greater than five acres in size as follows: Maximum size--60 square feet. Maximum height--Six feet each. Minimum setbacks--15 feet from street right-of-way, 75 feet from property lines other than those property lines fronting the street right-of-way. Maximum number of signs--One per street frontage. Maximum total number--Two. SIGN VARIANCES REQUESTED STAFF RECOMMENDATION REVISED REQUEST/ RECOMMENDATION 63-square feet DENIAL – The area of a monument sign, and how it is measured is very specific in the Ordinance, which includes “all extremities of the sign” (architectural accents) as part of APPROVAL- SUBJECT TO THE ADDITIONAL THREE SQUARE FEET IN SIZE BEING LIMITED TO THE ARCHITECTURAL ACCENT (CORNICE Item # 4 Page 6 of 7 the area calculation. This proposed sign needs to be redesigned to be compliant with the ordinance. MATCHING THE BUILDING) AS SHOWN ON THE SIGN ELEVATION. Proposed Monument Sign on Denton Tap Road to be set back 5 feet from the property line DENIAL – the existing monument sign is set back 12 feet from Denton Tap R.O.W., The erection of a new sign, which is in less conformance with the Sign Ordinance, is not acceptable. Compliance with the 15-foot setback along Denton Tap is recommended. DENIAL – THE REVISED PLAN INDICATES A TWO (2) FOOT SETBACK FROM THE PROPERTY LINE ALONG DENTON TAP FURTHER INCREASING THE NON-CONFORMITY. NO ATTEMPT WAS MADE TO ADDRESS THE 15’ SETBACK REQUIRED BY THE SIGN ORDINANCE. Proposed Monument sign on Sandy Lake Road to be set back one foot from the property line. APPROVAL – The existing monument sign is being relocated out of the Sandy Lake Road R.O.W. It is recommended that the new sign be set back as far as possible from the property line within the existing island. DENIAL – THE REVISED PLAN INDICATES AN ONE (1) FOOT SETBACK FROM THE PROPERTY LINE ALONG SANDY LAKE, NO ATTEMPT WAS MADE TO ADDRESS THE 15’ SETBACK REQUIRED BY THE SIGN ORDINANCE. REVISED ELEVATIONS Also being requested are revised elevations for a portion of the façade of the shopping center to incorporate EFIS entry features to accent the anchor tenants of this center. This features contains two doors for the tenants, separated by an EFIS panel with three green ceramic tie panels. These tiles are the same color as the existing accent tiles on the building, which is an architecturally compatible element. However, the EFIS features do not follow the same roof lines, heights, forms, details or materials as the remainder of the building. While staff understands that the architecture of this 20 year old center could benefit from some modernization, there is concern that this new façade treatment will appear as an after-thought if not redesigned to be more architecturally compatible with the existing building. Complementary accent features and details need to be carried on throughout this center. The applicant has replaced the EFIS with red brick to match the existing center, EFIS is now limited to an accent material for the cornices. Decorative attached lighting and new storefront windows have been added to the new façade. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends the following: Item # 4 Page 7 of 7 • Attached Signs: Approval of the 116-square-foot attached sign, installed at the angle as shown, (denial of a 150-square foot sign)with letters being individually mounted to black metal plate, with two horizontal red stripes, subject to all letters being white, and denial of the second tenant sign until such time that the tenant is known and the sign can be reviewed. • Monument Signs: Approval of the internally lit, bronze name plates, all being the same height, but longer sign plates for tenants exceeding 15,000- square feet, subject to minimum letter size being 6 inches; with consistent font, the sign being a total of 63-square feet(the additional three square feet being limited to the architectural accents); the sign along Denton Tap Road being set back 15 feet from the property line; the monument sign along Sandy Lake Road being removed from the street right-of-way and being set back as far as possible from the property line, within the existing island. • Revised Elevations: Need to be redesigned to be more architecturally compatible with the existing building (less EFIS, more brick, repeat existing roof lines and details, etc.) – Approval as resubmitted 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) Exhibit of site plan, elevations and signage 2) Letter from Applicant with 3 color attachments 3) (Color details of attached signage ( 3 pages) 4) Color pictures of Monument Sign examples (provided by the applicant) 5) Color pictures of Attached Sign examples (provided by the applicant) DEPT: Planning DATE: January 11, 2005 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-163R4-SF-9, Windsor Estates, zoning change request from PD-163R2-SF-9 (Planned Development 163-Revision 2-Single Family-9) to PD-163R4-SF-9 (Planned Development 163-Revision 4-Single Family-9) to revise the fence line from 25’ to 15’ along DeForest Road to allow for a four-foot tall wrought iron fence on a 16-inch tall retaining wall on Lot 1, Block B (612 St. James). GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 16, 2004 Decision of P&Z Commission: Approval (6-1) with Commissioners Borchgardt, Hall, McCaffrey, Milosevich, Kittrell and Reese voting in favor. Commissioner Foreman opposed. Approval is recommended, subject to the following condition: 1) The notation “fence and building setback line” being added to the west side of this lot, along St. James Place. Staff recommends approval. NOTE: Please see attached memo from Jill Watkins, requesting that this Public Hearing be opened and continued to Council’s February 8, 2005, meeting. She will be out of the country on January 11th. Agenda Request Form - Revised 09/04 Document Name: @2PD-163R4-SF-9, Windr 1-AR Item # 5 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-163R4-SF-9, Windsor Estates P & Z HEARING DATE: December 16, 2004 C.C. HEARING DATE: January 11, 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 612 St. James Place in Windsor Estates SIZE OF AREA: 0.3070 of an acre of property (13,373 square feet) CURRENT ZONING: PD-163R2-SF-9 (Planned Development-163 Revision 2-Single Family-9) REQUEST: PD-163R4-SF-9 (Planned Development-163 Revision 4-Single Family-9) to allow the construction of an 4.25’ tall wrought iron fence on an 18” tall retaining wall 15’ from the property line along DeForest Road on Lot 1, Block B (612 St. James). APPLICANT: Mr. and Mrs. Marvin Watkins 612 St. James Place Coppell, Texas 75019 (972) 462-7824 FAX: (972) 242-6754 HISTORY: In 1997, PD-163, Windsor Estates, was established to allow the development of 27 single-family homes and common areas on 15.78 acres of property. The Preliminary Plat for this subdivision was approved for 24 residential lots and two common areas in May 1998. The Final Plat, for 23 residential lots and three common areas, was approved in May 1999. In June 1999, the PD was amended to revise the entry features and create additional common areas to accommodate landscaping. Item # 5 Page 2 of 4 On January 13, 2004, Council approved a revision to this PD and a replat to allow: combining of Lots 4&5, Block B into one lot; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X; revising the 100-year Flood Plain line, and denied the request to reduce the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road. On September 16, 2004, the Planning and Zoning Commission, with a vote of 4 to 3, recommended denial of the request to allow the retention of an existing 4.25’ tall wrought iron fence on an 18” tall retaining wall 15’ from the property line along DeForest Road, and denied the replat. After being delayed for two Council meetings due to various reasons, on November 9, 2004 Council voted to once again delay consideration of the request until their December 14, 2004 meeting. On November 11, 2004 staff received a letter from the applicant requesting to withdraw the request. TRANSPORTATION:DeForest Road has been extended through this subdivision as a concrete, 27’-wide residential street built within a 50’ right-of-way. SURROUNDING LAND USE & ZONING: North - Single Family (Windsor Estates); PD-163R2-SF-9 South - Single Family (Windsor Estates); PD-163R2-SF-9 East - Single Family (Windsor Estates); PD-163R2-SF-9 West - Single Family (Windsor Estates); PD-163R2-SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable low density residential. DISCUSSION: As discussed in the HISTORY section of this report, this request was recommended for denial by the Planning Commission in September of this year. Although on the Council agenda three times, no action was taken, and the applicant ultimately withdrew this request. The deliberations at the November 9th Council meeting included comments on the aesthetic characteristics of the fence, as constructed, and the yard, as landscaped, and a suggestion was made that if the illegally constructed fence was removed, then this request may merit reconsideration. This fence has since been removed. Item # 5 Page 3 of 4 In order to legally establish the fence setback line to reflect the desired fence location, an amendment needs to be made to the Planned Development, reflecting the 64’ long 4.25’ tall wrought iron fence on top of an 18” tall retaining wall (effective height of 5.75 feet), as well as to replat the property to revise the fence line along DeForest Road. The difference between this and the initial request is that there is now an added level of specificity in that the building line will remain where it is, and only the fence line along DeForest Road will move. The applicant has included detailed elevations of the retaining wall and the wrought iron fence. The construction of the home is complete, as is the retaining wall and the landscaping. As discussed in the previous requests, when this PD was established, the fence and the building setback lines on corner lots were specifically designated to be set back 25 feet to preserve the open space and the view/visibility along the streets. Staff’s main concern with the initial request was the impact on the views along DeForest, as well as the abutting property owner to the north. As previously illustrated the wrought iron fence on top of the retaining wall did not significantly impact the view corridor, and the lush landscaping installed enhances the aesthetics of this lot. Also to be considered, is now that the home has been constructed, the 25-foot front yard has been established along St. James Place, and this area will not be encroached upon with structures or fencing. Finally, if this request is denied, the applicant could construct an eight-foot solid wood or masonry fence, 25 feet from the property line, which would be more visually obstructive to this view corridor than the wrought iron fence 15 feet from the property line. As revised, staff can see the merits of this request, and if no opposition arises, it ultimately should be approved. In the event that this request is approved, this action needs to be subject to the inclusion of the notation “fence and building setback line” being added to the west side of this lot, along St. James Place. This fence setback condition was a separate note on the previous plat and included as a PD condition. Therefore, to assure clarity, this needs to be graphically represented. Item # 5 Page 4 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff can support this amendment PD-163R4-SF-9 to allow a 4.25’ tall wrought iron fence on an 18” tall retaining wall 15’ from the property line along DeForest Road on Lot 1, Block B (612 St. James), subject to: 1) The notation “fence and building setback line” being added to the west side of this lot, along St. James Place. 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) Revised Detail Plan DEPT: Planning DATE: January 11, 2005 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Windsor Estates, Lot 1, Block B, Replat, to revise the fence line from 25’ to 15’ along DeForest Road to allow for a four-foot tall wrought iron fence on a 16-inch tall retaining wall on Lot 1, Block B (612 St. James). GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: December 16, 2004 Decision of P&Z Commission: Approval (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Milosevich, Kittrell and Reese voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) The notation “fence and building setback line” being added to the west side of this lot, along St. James Place. Staff recommends approval. NOTE: Please see attached memo from Jill Watkins indicating that she will be out of the country on January 11, 2005. IF COUNCIL CHOOSES TO CONTINUE CONSIDERATION OF PD-163R4-SF-9, WINDSOR ESTATES, TO ITS 2/8/05 MEETING, THIS REPLAT MUST BE DENIED AT THIS TIME. IT CAN BE BROUGHT BACK FOR CONSIDERATION AT COUNCIL’S FEBRUARY 8TH MEETING. Agenda Request Form - Revised 09/04 Document Name: @3Windsor L1,BB, Rpl. 1-AR Item # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Windsor Estates, Lot 1, Block B, Replat P & Z HEARING DATE: December 16, 2004 C.C. HEARING DATE: January 11, 2005 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 612 St. James in Windsor Estates SIZE OF AREA: 0.3070 of an acre of property (13,373-square feet) CURRENT ZONING: PD-163R2-SF-9 (Planned Development-163 Revision 2-Single Family-9) REQUEST: Replat to allow a 15’ fence setback line along DeForest Road on Lot 1, Block B (612 St. James). APPLICANT: Mr. and Mrs. Marvin Watkins 612 St. James Place Coppell, Texas 75019 (972) 462-7824 FAX: (972) 242-6754 HISTORY: In 1997, PD-163 for Windsor Estates was established to allow the development of 27 single-family homes and common areas on 15.78 acres of property. The Preliminary Plat for this subdivision was approved for 24 residential lots and two common areas in May 1998. The Final Plat, for 23 residential lots and three common areas, was approved in May 1999. In June 1999, the PD was amended to revise the entry features and create additional common areas to accommodate landscaping. Item # 6 Page 2 of 3 On January 13, 2004, Council approved a revision to this PD and a replat, to allow: combining of Lots 4&5, Block B, into one lot; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X; revising the 100-year Flood Plain line, and denied a request to reduce the fence/building line on Lot 1, Block B (612 St. James) from 25 to 15 feet along DeForest Road. On September 16, 2004, the Planning and Zoning Commission, with a vote of 4 to 3, denied this replat to allow the retention of an existing 4.25’ tall wrought iron fence on an 18” tall retaining wall 15’ from the property line along DeForest Road. TRANSPORTATION:DeForest Road has been extended through this subdivision as a concrete, 27’ wide, residential street built within a 50’ right-of-way. SURROUNDING LAND USE & ZONING: North –Single Family (Windsor Estates); PD-163R2-SF-9 South – Single Family (Windsor Estates); PD-163R2-SF-9 East – Single Family (Windsor Estates); PD-163R2-SF-9 West - Single Family (Windsor Estates); PD-163R2-SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable low density residential. DISCUSSION: This is a companion item to the request to amend the PD to allow for the reduced fence setback line along DeForest Road. This building/fence setback line was also included in the original subdivision plat for this property; therefore, if the rezoning is granted, this lot must be replatted. If the rezoning is denied, then the request for this replat must be denied. In the event that this request is approved, staff is requesting that the notation of “fence and building setback line” be added to the west side of this lot, along St. James Place. This condition was a separate note on the previous plat and to assure clarity, this needs to be graphically represented. Item # 6 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends consistency with the recommendation on the PD amendment request. If it is approved, then this replat should be approved subject to: 1) The notation “fence and building setback line” being added to the west side of this lot, along St. James Place. ALTERNATIVES 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat of Lot 1R, Block B, of Windsor Estates DEPT: Planning DATE: January 11, 2005 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-208-LI, Coppell Trade Center, zoning change from LI (Light Industrial) to PD-208-LI (Planned Development-208-Light Industrial) to approve a Concept Plan to allow the construction of approximately 645,000-square-feet of office warehouse uses on 40.6 acres of property, and approval of a Detail Plan for Phase 1 on 12.87 acres of property, containing a 195,845-square-foot building located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On November 18, 2004, the Planning and Zoning Commission unanimously approved this zoning change (6-0). On December 14, 2004, Council approved this zoning change (6-1) with Councilmember Tunnel voting in opposition. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @4PD-208 ORD 1-AR 1 70464 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A ZONING CHANGE REQUEST FROM LI (LIGHT INDUSTRIAL) TO PD-208-LI (PLANNED DEVELOPMENT-208-LIGHT INDUSTRIAL) TO APPROVE A CONCEPT PLAN TO ALLOW THE CONSTRUCTION OF APPROXIMATELY 645,000-SQUARE-FEET OF OFFICE WAREHOUSE USES ON 40.6 ACRES OF PROPERTY, AND APPROVAL OF A DETAIL PLAN FOR PHASE 1 ON 12.87 ACRES OF PROPERTY, CONTAINING A 195,845-SQUARE-FOOT BUILDING LOCATED ALONG THE NORTH SIDE OF SANDY LAKE ROAD, BETWEEN NORTHPOINT DRIVE (EXTENDED) AND THE EXTENSION OF FREEPORT PARKWAY, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN, DETAIL SITE PLAN FOR PHASE 1, DETAIL LANDSCAPE PLAN FOR PHASE 1, EXISTING TREE PLAN, ELEVATIONS AND COLOR RENDERING, ATTACHED HERETO AS EXHIBITS “B, C, D, E, F, AND G”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-208-LI should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from LI (Light Industrial) to PD-208- 2 70464 LI (Planned Development-208-Light Industrial) to approve a Concept Plan to allow the construction of approximately 645,000-square-feet of office warehouse uses on 40.6 acres of property, and approval of a Detail Plan for Phase 1 on 12.87 acres of property, containing a 195,845-square-foot building located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2.That the Planned Development District for Light Industrial Uses is hereby approved, subject to the following special condition: 1) The tree mitigation fee in the amount of $120,000 shall to be paid in two phases of $60,000 each, payable prior to the issuance of the C.O. for each phase, or in full within five years. SECTION 3.That Concept Site Plan, Detail Site Plan for Phase 1, Detail Landscape Plan for Phase 1, Existing Tree Plan, Elevations and Color Rendering, attached hereto as Exhibits “B, C, D, E, F, and G”, respectively, and made a part hereof for all purposes, are hereby approved as special development standards for the Planned Development granted herein. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so 3 70464 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9.That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2005. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 1/4/05) CONCEPT PLAN40 ac. tract 640,000 sq. ft.4 buildings DATE: January 11, 2005 ITEM #: 14 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: January 11, 2005 ITEM #: 15 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Senator Shapiro’s Town Hall meeting. B. Report by Mayor Stover regarding Teen Initiative. C. Report by Mayor Stover regarding Legislative Session Swearing In. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: January 11, 2005 ITEM #: 16 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 11, 2005 Department Submissions: Item Nos. 9/B, 9/C and 9/D were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item No. 9/F was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Police Department Item Nos. 10, 11, 12 and 13 were placed on the Agenda for the above- referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager