CP 2005-06-14
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JUNE 14, 2005
DOUG STOVER, TIM BRANCHEAU, Place 1
Mayor Mayor Pro Tem
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 THOM SUHY, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 6:00 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, June 14, 2005, at 6:00 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.
ag061405
Page 1 of 6
ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Concerning the City of Coppell and Coppell Independent
School District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas, Zoning Case
Number Z045-107.
2. City of Coppell vs. Barney Barnett, et al.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Board/Commission Application Schedule.
B. Discussion regarding Board Vacancies and Appointments.
C. Discussion regarding appointments to Council Committees.
D. Discussion regarding Council Retreat and Scorecards.
E. 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. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 24, 2005.
ag061405
Page 2 of 6
ITEM # ITEM DESCRIPTION
B. Consider accepting the resignation of Rick McCaffrey from the
Planning and Zoning Commission.
C. Consider accepting the resignation of John Durand from the
Coppell Economic Development Committee.
D. Consider approval of awarding Bid/Contract # Q-0505-01 to Fox
Contractors, Inc. for the construction of the Loch Lane Water Line
Project, in an amount of $58,391.00, as provided for in IMF funds;
and authorizing the City Manager to sign.
E. Consider approval of the Annual Standards of Care for Day Camp
Programs and authorizing the Mayor to sign.
Land Use and Development
F. Consider approval of an Ordinance for Case No. S-1211R, Service
Star, zoning change from PD-199-HC-S-1211 (Planned Development-
199-Highway Commercial-Special Use Permit-1211) to PD-199-HC-S-
1211R (Planned Development-199-Highway Commercial-Special
Use Permit-1211 Revised), to allow the development of an auto
repair garage, car wash, convenience store and gasoline service
station on 2.24 acres of property located at the southwest corner of
S.H. 121 and MacArthur Blvd., and authorizing the Mayor to sign.
G. Consider approval of a 60-day extension to the expiration date for
the Villas of Lake Vista, Phase 1, Final Plat, to allow the platting of 93
townhome lots and 13 common areas on 12.7 acres of property
located south of Lake Vista Drive, east of MacArthur Boulevard.
END OF CONSENT
9. 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 the
property owned by Coppell Trade Center, L.P., described as Coppell
Trade Center Lot 1, Block 1 (40.655 acres) and located on the north side of
Sandy Lake Road just west of State Road.
10. Consider approval of an Ordinance designating Coppell Trade Center
L.P., Reinvestment Zone No. 43, and authorizing the Mayor to sign.
ag061405
Page 3 of 6
ITEM # ITEM DESCRIPTION
11. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Coppell Trade Center L.P.,
and authorizing the Mayor to sign.
12. Consider approval of an Economic Development Incentive Agreement
between the City of Coppell and Coppell Trade Center LP, and
authorizing the City Manager to sign.
13. PUBLIC HEARING:
Consider approval of Case No. PD-210-SF-9(CH), Kaye Street, zoning
change from SF-12 (Single Family-12) to PD-210-SF-9(CH) (Planned
Development-210-Single Family-9, Called Hearing) to allow for the
retention of existing homes and permit the development and
redevelopment of homes on existing lots and to allow the replatting of lots
to a minimum of 9,000-square feet on property located along the north
and south sides of Kaye Street, east of Coppell Road, encompassing 35
lots (412 & 420 Coppell Road and 300-426 Kaye Street).
14. Consider approval of an Ordinance for Case No. S-1224-TC, Little Caesars
Pizza, zoning change from TC (Town Center) to S-1224-TC (Special Use
Permit-1224-Town Center), to allow the operation of a 1,350-square-foot
restaurant, take-out only, to be located in the Town Center Addition, Lot
2, Block 3, along the east side of Denton Tap Road; north of Town Center
Blvd., and authorizing the Mayor to sign.
15. Consider approval of an Ordinance for Case No. PD-194R3-LI, Amberpoint
Business Park, Lot 2R, Block A, zoning change from PD-194R2-LI, (Planned
Development-194 Revision 2-Light Industrial) to PD-194R3-LI (Planned
Development-194 Revision 3-Light Industrial) to amend the Planned
Development to attach a Detail Site Plan to allow the development of
three office/warehouse buildings, totaling approximately 714,010-square
feet, on 64.3 acres of property located along the south side of Sandy Lake
Road, between Freeport Parkway and Northpoint Drive, and authorizing
the Mayor to sign.
16. Consider appointment to fill a vacancy on the Coppell Education
Development Corporation, term to expire October 2005.
17. Consider appointments to Council Committees.
18. Necessary action resulting from Work Session.
ag061405
Page 4 of 6
ITEM # ITEM DESCRIPTION
19. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Project Graduation.
C. Report by Mayor Stover regarding Council Retreat.
20. 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.
ag061405
Page 5 of 6
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting
in the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
ag061405
Page 6 of 6
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: June 14, 2005
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Concerning the City of Coppell and Coppell Independent School District opposition to a
change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning
Case Number Z045-107.
2. City of Coppell vs. Barney Barnett, et al.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: June 14, 2005
ITEM #:WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding Board/Commission Application Schedule.
B. Discussion regarding Board Vacancies and Appointments.
C. Discussion regarding appointments to Council Committees.
D. Discussion regarding Council Retreat and Scorecards.
E. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
MEMORANDUM
TO: Jim Witt, City Manager
FROM: Kathy Wilkerson, Deputy City Secretary
DATE: May 25, 2005
REF: Annual 2005 Board/Commission/Committee Appointments
Listed below is a tentative schedule of dates for the upcoming annual appointments of members to
the City’s Boards/Commissions/Committees that I would like to review with the City Council during
the Work Session of June 14, 2005:
Advertising - May 27 through July 22, 2005
A press release will be forwarded to the Citizens Advocate, Coppell Gazette,
Metrocrest News, Comcast Cable and put on the web site, requesting citizens to
volunteer to serve on the City’s Boards/Commissions/Committees, and as the City’s
American Red Cross Representative. Advertising will continue for a period of eight
(8) consecutive weeks from May 27, 2005 through July 22, 2005. During the month
of June a mass mailing will be sent to all Coppell citizens. The mailing will consist
of an application and a summary of each of the Boards/Commissions/Committees.
Applications – June 1 through July 27, 2005
Applications will be available and accepted from 8:00 a.m. to 5:00 p.m., June 1st
through July 27th in the City Secretary Department at Town Center. Applications
presently on file in the City Secretary Department will not be considered.
Staff Liaisons - May 25, 2005
Staff Liaisons will be issued a membership list on May 25, 2005 for their particular
Board/Commission/Committee, indicating those members whose terms expire
October 2005 together with a new application form for distribution, should those
members wish to re-apply. Deadline for these applications will also be July 27th.
Annual 2005 Board/Commission/Committee Appointments
May 25, 2005
Page Two
City Council Applicant Packet
A binder will be prepared for members of Council containing a master list of all
applicants, together with copies of each application and pertinent information. This
document will be available in the City Secretary Department for each member of
Council at 8:00 a.m., Friday, August 5, 2005. Any binders not picked up by 5:00
p.m. on Friday will be put in the Council mailboxes.
Interview Process - August 8 through August 26, 2005
Interviews may be conducted from August 8 through August 26, 2005; however, I
would appreciate direction from Council on how they would like to proceed with
scheduling these interviews so I may advise the applicants of the date and
approximate time.
Appointments - September 13, 2005
An agenda item will be submitted for the September 13, 2005 City Council meeting
to appoint members to the City’s Boards/Commissions/ Committees.
Letters of Appointment and/or Regret
The City Secretary Department will notify all applicants indicating their appointment
and date of being sworn into office, and/or letters of regret. Staff Liaisons will be
requested to contact applicants to confirm their attendance at the swearing-in
ceremony.
Swearing-in Ceremony
An agenda item and oaths of office will be prepared for the September 27, 2005 City
Council meeting for the Mayor to formally swear in appointed members. New
members will officially take their position on the Board/Commission/Committee on
October 1, 2005.
Reception
A reception for the newly appointed members and the members whose commission
did not expire will be held prior to the September 27, 2005 City Council meeting.
Rev: 08/26/04
COUNCIL’S COMMITTEES
CARROLLTON/FARMERS BRANCH ISD/LEWISVILLE ISD
Council: Mayor Pro Tem Raines Appointed: 05/25/04
CITY/COPPELL ISD LIAISONS
Council: Mayor Pro Tem Raines Appointed: 05/25/04
Council: Councilmember Suhy Appointed: 05/25/04
CISD: Allen Mushinski Appointed: 08/04
COPPELL SENIORS
Council: Councilmember York Appointed: 05/25/04
DALLAS REGIONAL MOBILITY COALITION
Council: Councilmember Peters Appointed: 05/25/04
ECONOMIC DEVELOPMENT COMMITTEE
Council: Councilmember Faught Appointed: 05/25/04
Councilmember Tunnell Appointed: 05/25/04
METROCREST HOSPITAL AUTHORITY
Council: Councilmember Tunnell Appointed: 05/25/04
METROCREST MEDICAL FOUNDATION
Council Councilmember Brancheau Appointed: 05/25/04
METROCREST SOCIAL SERVICE CENTER
Council Councilmember Brancheau Appointed: 05/25/04
NCTCOG (NORTH TEXAS COUNCIL OF GOVERNMENTS)
(Appointed by City Council - annual basis)
Council: Councilmember Tunnell Appointed: 05/25/04
NCTCOG (NORTH TEXAS COUNCIL OF GOVERNMENTS) – REGIONAL
EMERGENCY MANAGEMENT PLANNING COUNCIL
Council: Councilmember Suhy Appointed: 05/25/04
NORTH TEXAS COMMISSION
Council: Councilmember Peters Appointed: 05/25/04
SENIOR ADULT SERVICES
Council: Councilmember Faught Appointed: 05/25/04
TOWN CENTER/ARCHITECTURAL COMMITTEE
Council: Councilmember Faught Appointed: 05/25/04
Staff: Greg Jones, Chief Building
Official
TRINITY RIVER COMMON VISION COMMISSION
Council: Councilmember Faught Appointed: 05/25/04
TRINITY TRAIL ADVISORY COMMISSION
Council: Mayor Pro Tem Raines Appointed: 05/25/04
Staff: Brad Reid, Director of Parks and
Recreation
DATE: June 14, 2005
ITEM #: 7
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
DEPT: City Secretary
DATE: June 14, 2005
ITEM #: 8/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: May 24, 2005.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
CM052405
Page 1 of 13
MINUTES OF MAY 24, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, May 24, 2005, at 6:00 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Diana Raines, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Councilmembers Tunnell and York were absent from the meeting. Also present
were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert
Hager.
1. Call to order.
Mayor Pro Tem Raines called the meeting to order, determined that a
quorum was present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding Council Retreat.
B. Discussion regarding Parade Issues.
C. Presentation by Rick Moore regarding Online Survey
Results.
D. Discussion regarding appointment of Mayor Pro Tem.
E. Discussion regarding Council Committees.
F. Discussion regarding appointments to Coppell Education
Development Corporation and Library Board.
G. Discussion of Agenda Items.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no
Council action is required or permitted.
CM052405
Page 2 of 13
REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
4. Invocation.
Jeremiah Mayfield, Director of Music Ministries, First United Methodist
Church, led those present in the Invocation.
5. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
6. Consider accepting the resignation of Brianna L. Hinojosa-
Flores from the Coppell Education Development Corporation
and the Conduct Review Board.
Action:
Councilmember Suhy moved to accept the resignation of Brianna L.
Hinojosa-Flores from the Coppell Education Development Corporation
and the Conduct Review Board. Mayor Pro Tem Raines seconded the
motion, the motion carried 5-0 with Mayor Pro Tem Raines and
Councilmembers Brancheau, Peters, Faught and Suhy voting in favor of
the motion.
7. Presentation to and recognition of Councilmember Diana
Raines.
Presentation:
Mayor Stover addressed Mayor Pro Tem Raines’ term of service on City
Council.
Each Councilmember and the City Manager recounted their service with
Mayor Pro Tem Raines.
Former Mayor Sheehan and School Board Trustee Cindy Warner made a
presentation.
CM052405
Page 3 of 13
A plaque and gifts were presented to Mayor Pro Tem Raines.
8. Swearing-in of Councilmembers Place 1, 3 and 5.
Mayor Stover swore in and presented Certificates of Election to:
Tim Brancheau to Place 1
Brianna Hinojosa-Flores to Place 3
Billy Faught to Place 5
9. Consider appointment of Mayor Pro Tem as required by Section
3.05 of the Home Rule Charter.
Action:
Councilmember Peters moved to appoint Tim Brancheau as Mayor Pro
Tem. Councilmember Faught seconded the motion, the motion carried
5-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught
and Suhy voting in favor of the motion.
At this time, the makeup of Council is as follows:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
10. Presentation to Cindy Geppert, Coppell Woman of the Year
2005.
Presentation:
Mayor Stover addressed the accomplishments of Cindy Geppert and
presented her with a plaque as Coppell Woman of the Year.
Former Mayor Sheehan presented roses to Ms. Geppert.
CM052405
Page 4 of 13
11. Consider approval of a proclamation honoring David Thomas
Day for his appointment to the Air Force Academy, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to David Thomas Day.
Action:
Councilmember Faught moved to approve a proclamation honoring
David Thomas Day for his appointment to the Air Force Academy, and
authorizing the Mayor to sign. Councilmember Suhy seconded the
motion, the motion carried 5-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Faught and Suhy voting in
favor of the motion.
12. Consider approval of a proclamation honoring Kevin McAdams
for his appointment to the Naval Academy at Annapolis, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Kevin McAdams.
Kathie Gautille made a presentation to Kevin McAdams.
Sandy Pappas, from Congressman Pete Session’s office, made a
presentation to Kevin McAdams.
Action:
Councilmember Hinojosa-Flores moved to approve a proclamation
honoring Kevin McAdams for his appointment to the Naval Academy at
Annapolis, and authorizing the Mayor to sign. Mayor Pro Tem
Brancheau seconded the motion, the motion carried 5-0 with Mayor Pro
Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Faught
and Suhy voting in favor of the motion.
CM052405
Page 5 of 13
13. Consider approval of a proclamation naming Monday, May 30,
2005 as Russell Gellman Appreciation Day, and authorizing the
Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Russell Gellman.
Action:
Councilmember Suhy moved to approve a proclamation naming Monday,
May 30, 2005 as Russell Gellman Appreciation Day, and authorizing the
Mayor to sign. Councilmember Faught seconded the motion, the motion
carried 5-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Faught and Suhy voting in favor of the motion.
14. Presentation by CISD students, in cooperation with the
Kiwanis Club, regarding a proposed Nature Center on city of
Coppell Park property.
Presentation:
Lynne Messina of the Kiwanis made a presentation to Council.
Various Coppell Independent School District students made a
presentation to Council and recognized members of the audience that
have assisted with this project.
Mayor Stover recognized the members of Boy Scout Troop 8888 that were
present in the audience.
Councilmember Hinojosa-Flores introduced herself at this time.
15. Presentation by Ray Turco regarding Citizen Survey.
Presentation:
Jim Witt, City Manager, made a presentation to Council.
CM052405
Page 6 of 13
Ray Turco made a presentation to Council regarding the Survey.
16. Report by Parks and Recreation Board.
This item was postponed until a later Council meeting.
17. Citizens' Appearances.
There was no one signed up to speak on this item.
CONSENT AGENDA
18. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 10, 2005
May 16, 2005.
B. Consider approval of a grant in the amount of $58,550.00
to the Coppell Independent School District for technology
at the High School, and authorizing the City Manager to
sign.
C. Consider approval of a grant in the amount of $30,000.00
to the Coppell Independent School District for technology
in a Ready, Set, Teach program at the High School, and
authorizing the City Manager to sign.
D. Consider approval of a grant in the amount of
$126,000.00 to the Coppell Independent School District
for Library print material at 13 campuses, and
authorizing the City Manager to sign.
E. Consider approval of an Interlocal Agreement with Dallas
County to repair and overlay the asphalt paving in
Northlake Woodlands Subdivision, Phases 1 through 5,
with Dallas County furnishing labor, materials and
equipment to perform the work; and authorize the City of
Coppell paying a cost of $149,966.60, as budgeted in the
IMF; and authorizing the Mayor to sign.
CM052405
Page 7 of 13
F. Consider approval of an Interlocal Agreement with Dallas
County to repair and overlay Southwestern Boulevard,
from Denton Tap Road to Coppell Road, with Dallas
County furnishing labor and equipment necessary to
perform the work; and the City of Coppell furnishing
materials at a cost of $61,169.75, as budgeted in the IMF;
and authorizing the Mayor to sign.
Presentation:
Jim Witt, City Manager, answered questions from Council on Items E
and F.
Ken Griffin, Director of Engineering and Public Works, answered
questions from Council on Item E.
Action:
Councilmember Peters moved to approve Consent Agenda Items A, B, C,
D, E, and F. Councilmember Suhy seconded the motion, the motion
carried 5-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Faught and Suhy voting in favor of the motion.
19. Consider approval of a resolution authorizing the use of
Community Development Block Grant funds from FY 2005 in
the amount of $68,932 and the reallocation of available
Community Development Block Grant funds from FY 1998 in
the amount of $3,447.68 for the construction of American with
Disabilities Act compliant accessibility ramps along the west
sidewalk of Samuel Boulevard (Parkway Boulevard to
MacArthur Boulevard), and authorizing the City Manager to
execute the necessary documents for such funds; and
authorizing the Mayor to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to Council.
Action:
Councilmember Peters moved to approve Resolution 2005-0524.1
authorizing the use of Community Development Block Grant funds from
CM052405
Page 8 of 13
FY 2005 in the amount of $68,932 and the reallocation of available
Community Development Block Grant funds from FY 1998 in the
amount of $3,447.68 for the construction of American with Disabilities
Act compliant accessibility ramps along the west sidewalk of Samuel
Boulevard (Parkway Boulevard to MacArthur Boulevard), and authorizing
the City Manager to execute the necessary documents for such funds;
and authorizing the Mayor to sign. Councilmember Hinojosa-Flores
seconded the motion, the motion carried 5-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Faught and
Suhy voting in favor of the motion.
20. Consider awarding a bid and issue a purchase order to Romtec,
in the amount of $202,523.89, for the supply and installation
of a Restroom Building for Wagon Wheel Park, and authorizing
the City Manager and the President of the Coppell Recreation
Development Corporation to sign.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to
Council.
Action:
Councilmember Suhy moved to approve awarding a bid and issue a
purchase order to Romtec, in the amount of $202,523.89, for the supply
and installation of a Restroom Building for Wagon Wheel Park, and
authorizing the City Manager and the President of the Coppell Recreation
Development Corporation to sign. Councilmember Faught seconded the
motion, the motion carried 5-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Faught and Suhy voting in
favor of the motion.
21. Consider approval of award of a bid to Dean Construction for
the development of Phase II Lighting for the Practice Field
Areas at Wagon Wheel Park in an amount of $404,150.00, and
authorizing the City Manager and the President of the Coppell
Recreation Development Corporation to sign.
CM052405
Page 9 of 13
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to
Council.
Action:
Councilmember Faught moved to approve awarding a bid to Dean
Construction for the development of Phase II Lighting for the Practice
Field Areas at Wagon Wheel Park in an amount of $404,150.00, and
authorizing the City Manager and the President of the Coppell Recreation
Development Corporation to sign. Mayor Pro Tem Brancheau seconded
the motion, the motion carried 5-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Faught and Suhy voting in
favor of the motion.
22. Consider appointment to fill a vacancy on the Coppell
Education Development Corporation, term to expire October,
2005.
This item was postponed until the June 14, 2005 City Council meeting.
23. Consider approval of the following for the Library Board:
A. Consider accepting the resignation of Pamela Bennett;
and
B. Consider appointment to fill a Regular term to expire
October 2005.
Action:
Councilmember Peters moved to accept the resignation of Pam Bennett
from the Library Board and move David Smith from an Alternate member
to a Regular member. Mayor Pro Tem Brancheau seconded the motion,
the motion carried 5-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Faught and Suhy voting in
favor of the motion.
24. Consider approval of the following for the Parks & Recreation
Board:
A. Accepting the resignation of Larry Jones and Jim Wikman
as Regular members;
CM052405
Page 10 of 13
B. Changing the status of David Castillo from a Regular
member to an Alternate member; and
C. Appointments to fill vacancies.
Action:
Mayor Pro Tem Brancheau moved to accept the resignations of Larry
Jones and James Wickman from the Parks and Recreation Board; move
David Castillo from a Regular member to an Alternate member; and move
Greg Garcia and Mike Ridgley from Alternate members to Regular
members. Councilmember Peters seconded the motion, the motion
carried 5-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Faught and Suhy voting in favor of the motion.
25. Necessary action resulting from Work Session.
There was no action necessary under this item.
26. City Manager's Report.
A. Council Goals.
A. Jim Witt, City Manager, reviewed the current status of 2004-2005
Council Goals.
27. Mayor and Council Reports.
A. Report by Mayor Stover regarding High School
Graduation.
B. Reort by Mayor Stover regarding the Public Meeting on
North Lake Development.
A. Mayor Stover announced that the last day of school for the Coppell
Independent School District will be Friday, May 27, 2005. Mayor
Stover also announced that Coppell High School will hold their
graduation on Tuesday, May 31, 2005.
B. Mayor Stover announced that a Public Meeting on the North Lake
Development will be held on Wednesday, May 25, 2005.
CM052405
Page 11 of 13
28. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD.
B. Coppell ISD - 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.
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.
A. Councilmember Suhy stated that the last day of school for
Lewisville Independent School District was Tuesday, May 24, 2005.
B. Councilmember Suhy announced that the Coppell Baseball team
has advanced to the Regional Semi-Finals in Abilene and wished
them good luck on their games.
C. Councilmember Brancheau reported on the Candidate Forum held
by the Coppell Senior Center.
D. Councilmember Peters reported on the Dallas Regional Mobility
Coalition meeting she attended. The main items of discussion
were the air quality lawsuit filed by local environmental groups
against the EPA; the current transportation issues before the
Legislature and TEX21 will hold its quarterly meeting June 9 – 10,
2005 in Lubbock.
CM052405
Page 12 of 13
E. Councilmember Faught reported on the Coppell Economic
Development Committee meeting he attended on May 3, 2005. The
main items of discussion were putting the Strategic Plan on hold
until the new Coordinator got a better feel for what is going on and
the Carter-Crowley property.
F. There was nothing to report on this item.
G. Mayor Pro Tem Brancheau reported on the Metrocrest Medical
Foundation meeting he attended on Tuesday, May 10, 2005. The
main item of discussion was that the new provider for their
member hospitals will be decided by August, 2006.
H. There was nothing to report on this item.
I. There was nothing to report on this item.
J. There was nothing to report on this item.
K. Councilmember Peters reported that the North Texas Commission
is helping host the Grand Opening for the new International D
Terminal at the Dallas/Fort Worth Airport on Monday, June 19,
2005.
L. Councilmember Faught reported on the Senior Adult Services
meeting he attended on May 10, 2005. The main items of
discussion were the Quarterly Report, personnel issues; and a
grant they received from Geico.
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.
EXECUTIVE SESSION (Closed to the Public)
29. Convene Executive Session
A. Section 551.071, Texas Government Code – Consultation
with City Attorney.
1. City of Coppell vs. Barney Barnett, et al.
CM052405
Page 13 of 13
B. Section 551.087, Texas Government Code - Deliberation
regarding Economic Development Negotiations.
1. Economic Development Prospects in Old Coppell.
Mayor Stover convened into Executive Session at 9:45 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 10:18 p.m. and opened the Regular Session.
REGULAR SESSION (Open to the Public)
30. 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.
, City Secretary
_____________________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________________
Libby Ball
DEPT: City Secretary Department
DATE: June 14, 2005
ITEM #: 8/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider accepting the resignation of Rick McCaffrey from the Planning and Zoning
Commission.
GOAL(S):
EXECUTIVE SUMMARY:
Staff recommends not filling this vacancy at this time due to the fact that Mr. McCaffrey’s term expires September
2005 and applications are being accepted at this time for all expiring terms. Appointments are scheduled to be
made at the September 13th meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %McCaffreyresign
DEPT: City Secretary Department
DATE: June 14, 2005
ITEM #: 8/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider accepting the resignation of John Durand from the Coppell Economic Development
Committee.
GOAL(S):
EXECUTIVE SUMMARY:
Staff recommends not filling this vacancy at this time due to the fact that Mr. Durand’s term expires September
2005 and applications are being accepted at this time for all expiring terms. Appointments are scheduled to be
made at the September 13th meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %Durandresign
>>> "John Durand" < john.durand@CrosstexEnergy.com > 05/31/05 8:40 AM >>>
Dear Ms. Hurley,
I am writing to inform you that I am resigning my position from the
Economic Development Board effective immediately. I have enjoyed my
time on the board and the association with the citizens and civic
leaders of Coppell and it is with much regret that I make this decision.
When I was first appointed to the Board I was in a position where I had
little to no out of town travel responsibilities and therefore was able
to fulfill my duties on the board with perfect attendance at our monthly
meetings. In September of last year I started with a new company and
have tried to juggle an immense amount of out of town travel with my
responsibilities to the Board.
I discussed this situation at the end of last year with Andrea Roy and
offered to step down at that time, knowing that my schedule this year
would be hectic, but she encouraged me to hang on as long as I could.
The Board deserves to have members who can devote the time needed to
address the issues facing our great city. I am sorry that I will not
have the opportunity to work with you and I wish you the very best in
your new position. You have a wonderful staff and group of dedicated
members with which to work and I will miss my association with them.
Please pass on my thanks and appreciation to all of the Board at the
next meeting.
Thank you for your understanding in this matter and please feel free to
call me should you have any questions. My direct dial at the office is
214-721-9395.
DEPT: Engineering
DATE: June 14, 2005
ITEM #: 8/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of awarding Bid/Contract # Q-0505-01 to Fox Contractors, Inc. for the construction of the Loch
Lane Water Line Project, in an amount of $58,391.00, as provided for in IMF funds; and authorizing the City
Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this project will allow the replacement of an aging two-inch water line with a new eight-inch line.
The low bidder, Pegasus Utilities, Inc., did not properly complete the bid affidavit as required. Therefore, staff
recommends award of the contract to the second low bidder, Fox Contractors, Inc., in an amount of $58,391.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are available in the Water/Sewer IMF Account for this project.
Agenda Request Form - Revised 09/04 Document Name: #LochLane
MEMORANDUM
TO:Mayor and City Council
FROM:Keith Marvin, P.E., Civil Engineer
DATE:June 14, 2005
REF: Consider approval of awarding Bid/Contract # Q-0505-01 to Fox Contractors,
Inc. for the construction of the Loch Lane Water Line Project, in an amount of
$58,391.00, as provided for in IMF funds; and authorizing the City Manager to
sign.
On May 26, 2005 the City of Coppell received and opened six bids for the construction of the
Loch Lane water line project. See the attached exhibit for additional information and location.
This project will replace an aging two-inch water line with a new eight-inch line. This
replacement will eliminate a line that has become a maintenance problem for the Water Utilities
Division, as well as provide better service and fire protection to the residents of this
neighborhood.
The bids on this project ranged from a low bid of $48,610.00 to a high bid of $156,851.49. The
low bidder, Pegasus Utilities, Inc. did not properly complete the bid affidavit as required by the
contract documents. The purchasing agent determined that this bid was not a complete bid, and
therefore the bid was rejected.
The next lowest bidder was Fox Contractors, Inc., of Midlothian, Texas, in an amount of
$58,391.00. This contractor has performed work for the City of Coppell on several occasions,
and has completed those projects on time, and within budget.
Staff recommends award of the contract for the construction of the Loch Lane Water Line
project to Fox Contractors, Inc., in an amount of $58,391.00, with an estimated completion time
of 65 calendar days.
Staff will be available to answer any questions at the Council.
BID TABULATION: LOCH LANE WATER LINE PROJECT # WA 03-01 Page 1 of 2ItemQuantityUnitDescriptionEngineer’sEstimatePegasus Utilities, Inc.Fox Contractors, Inc.Canary ConstructionUnit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceI-1600LFFurnish & Install 8” PVC35.0021,000.0035.0021,000.0060.0036,000.00I-22EAFurnish & Install 8” Ductile Iron Gate Valve800.001,600.001,000.002,000.001,250.001,250.00I-3400LBFurnish & Install Ductile Iron Fittings3.001,200.004.851,940.005.002,000.00I-41LSFurnish & Install S. Fire Hydrant Assembly2,300.002,300.003,000.003,000.003,800.003,800.00I-51LSFurnish & Install N. Fire Hydrant Assembly2,400.002,400.003,900.003,900.004,000.004,000.00I-61EAFurnish & Install 2” Blowoff Valve2,000.002,000.001,800.001,800.001,800.001,800.00I-79EAReconnect Existing Services300.002,700.00250.002,250.00250.002,250.00I-85EAReplace/Connect Short Services400.002,000.00575.002,875.00150.00750.00I-94EAReplace/Connect Long Services1,000.004,000.00600.002,400.00350.001,400.00I-1032SFRemove/Replace concrete Sidewalk10.00320.005.75184.004.00128.00I-1112SYRemove/Replace 6” Concrete Driveway100.001,200.00120.001,440.0012.00144.00I-1235SYRemove/Repair Asphalt Paving80.002,800.00110.003,850.0012.00420.00I-1318SYRemove/Replace 6” Gravel Driveway60.001,080.0014.00252.005.0090.00I-141LSAbandon Existing 2” Water Line500.00500.001,500.001,500.00200.00200.00I-151LSErosion Control1,000.001,000.001,500.001,500.001,200.001,200.00I-161LSTraffic Control1,000.001,000.002,500.002,500.00300.00300.00I-171LSTrench Safety10.0010.002,000.002,000.00600.00600.00I-181LSSod1,500.001,500.00 4,000.004,000.009,600.009,600.00Calendar Days30 Days65 Days40 Days$ 35,000* $ 48,610.00$ 58,391.00$ 65,932.00 * Invalid Bid
BID TABULATION: LOCH LANE WATER LINE PROJECT # WA 03-01 Page 2 of 2ItemQuantityUnitDescriptionEast Texas ContractingNorth Texas Contracting, Inc.Rogers Construction Co.Unit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceI-1600LFFurnish & Install 8” PVC69.7541,850.0096.0057,600.0028.1816,908.00I-22EAFurnish & Install 8” Ductile Iron Gate Valve790.001,580.001,200.002,400.001,667.223,334.44I-3400LBFurnish & Install Ductile Iron Fittings2.701,080.002.00800.0023.059,220.00I-41LSFurnish & Install S. Fire Hydrant Assembly2,600.002,600.003,000.003,000.004,821.174,821.17I-51LSFurnish & Install N. Fire Hydrant Assembly3,500.003,500.003,300.003,300.009,656.939,656.93I-61EAFurnish & Install 2” Blowoff Valve2,450.002,450.002,000.002,000.003,093.003,093.00I-79EAReconnect Existing Services450.004,050.00300.002,700.00825.697,431.21I-85EAReplace/Connect Short Services350.001,750.00500.002,500.001,209.236,046.15I-94EAReplace/Connect Long Services665.002,660.00600.002,400.002,994.3211,977.28I-1032SFRemove/Replace concrete Sidewalk6.75216.0020.00640.00181.275,800.64I-1112SYRemove/Replace 6” Concrete Driveway41.00492.00150.001,800.00455.525,466.24I-1235SYRemove/Repair Asphalt Paving38.001,330.00250.008,750.00321.6211,256.70I-1318SYRemove/Replace 6” Gravel Driveway18.00324.0060.001,080.00185.193,333.42I-141LSAbandon Existing 2” Water Line1,300.001,300.00200.00200.002,062.682,062.68I-151LSErosion Control500.00500.003,000.003,000.008,209.478,209.47I-161LSTraffic Control500.00500.002,000.002,000.0017,075.4817,075.48I-171LSTrench Safety1.001.00500.00500.0019,931.1219,931.12I-181LSSod1,000.001,000.00500.00500.0011,227.5611,227.56Calendar Days45 Days45 Days60 Days$ 67,183.00$ 95,170.00$ 156,851.49
June 1, 2005
To: Ken Griffin City Engineer
From: Jerod Anderson Purchasing Agent
Re: Bid Q-0505-01 Loch Lane Water Line Installation Project
On May 26, 2005 the City of Coppell accepted bids for bid Q-0505-01 Loch Lane Water
Line Installation Project. Six bids were received. The low bidder, Pegasus Utility
Development, did not complete the bid affidavit. As we have done in the past I have
stated that it is an incomplete bid and it will be rejected. Therefore, the next lowest
bidder will be considered the low. The remaining six bids will be reviewed for award. If
you have any questions or concerns please feel free to contact me.
DEPT: Parks and Recreation
DATE: June 14, 2005
ITEM #: 8/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Annual Standards of Care for Day Camp Programs and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/04 Document Name: Stndcare
1
CITY OF COPPELL YOUTH PROGRAMS
STANDARDS OF CARE
The Standards of Care are intended to be minimum standards by which the City of Coppell Parks
& Recreation Department will operate the City's Youth Programs. The programs operated by the
City are recreational in nature and are not day care programs.
GENERAL ADMINISTRATION
Organization
A. The governing body of the City of Coppell Youth Programs is the Coppell City
Council.
B. Implementation of the Youth Programs Standards of Care is the responsibility of
the Parks & Recreation Department Director and Departmental employees.
C. Youth Program ("Program") to which these Standards of Care will apply is the
Summer Recreation Program and selected days off from the school calendar.
D. Each Youth Program site will have available for public and staff review a current
copy of the Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of Care
during the registration process.
F. Criminal background checks will be conducted on prospective Youth Program
employees. If results of the criminal check indicate that an applicant has been
convicted of any of the following offenses, he or she will not be considered for
employment:
(1) a felony or a misdemeanor classified as an offense against a person or
family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
(5) any offense that would potentially put youth participants or the City of
Coppell at risk.
2
Definitions
A. City: City of Coppell
B. City Council: City Council of the City of Coppell
C. Department: Parks & Recreation Department of The City of Coppell
D. Youth Programs or Program: City of Coppell Youth Programs currently
consisting of the Summer Recreation Program and selected days off from school.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Coppell Youth
Programs.
F. Director: City of Coppell Parks & Recreation Department Director or his or her
designee.
G. Parks & Recreation Manager: City of Coppell Parks and Recreation
Department’s Recreation Manager.
H. Recreation Services Supervisor: City of Coppell Parks & Recreation Department
Recreation Services Supervisor.
I. Site Director: City of Coppell Parks & Recreation Department
Seasonal/Temporary Programmer who has been assigned administrative
responsibility for a Coppell Youth Program.
J. Program Counselor: City of Coppell Parks & Recreation Department
Seasonal/Temporary employee who has been assigned responsibility to
implement the City's Youth Program.
K. Program Site: Area and facilities where Coppell Youth Programs are held
consisting of the Coppell Independent School District Campus and the Aquatic
and Recreation Center.
L. Participant: A youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a Coppell Youth Program.
M. Parent(s): This term will be used to represent one or both parent(s) or adults who
have legal custody and authority to enroll their child(ren) in Coppell Youth
Programs.
N. Employee(s): Term used to describe people who have been hired to work for the
City of Coppell and have been assigned responsibility for managing,
administering, or implementing some portion of the Coppell Youth Programs.
O. Recreation Center: The Coppell Independent School District campuses or the
Aquatics and Recreation Center which hosts the Summer Recreation Program
and selected days off from school.
3
Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Director of each
Program to confirm that the Standards of Care are being met.
(1) Inspection reports will be sent to the Recreation Services Supervisor for
review and kept on record for at least two years.
(2) The Parks & Recreation Department’s Recreation Manager will review
the report and establish deadlines and criteria for compliance with the
Standards of Care.
B. The Recreation Manager will make visual inspections of the Program based on
the following schedule:
(1) The Summer Recreation Program will be inspected twice during its
summer schedule. In addition, selected days at the Aquatics and
Recreation Center will be visited during the school year.
C. Complaints regarding enforcement of the Standards of Care will be directed to
the Site Director. The Site Director will be responsible to take the necessary
steps to resolve the problems. The Site Director will record complaints regarding
enforcement of the Standards of Care and their resolution. The Recreation
Services Supervisor will address serious complaints regarding enforcement of the
Standards of Care and the complaint and resolution will be noted.
D. The Parks & Recreation Department’s Recreation Manager will make an annual
report to the City Council on the overall status of the Youth Program and its
operation relative to compliance with the adopted Standards of Care.
Enrollment
A. Before a child can be enrolled a parent must sign registration forms that contain
the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during Program
hours;
(3) the names and telephone numbers of people to whom the child can be
released or names of those who may not pick them up;
(4) a statement of the child's special problems or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability, photo and movie waiver
4
Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.
STAFFING - RESPONSIBILITIES AND TRAINING
Site Director Qualifications
A. Site Director will be Seasonal/Temporary professional employees of the City of
Coppell Parks & Recreation Department and will be required to have all
Recreation Site Director qualifications as outlined in this document.
B. Site Director must be at least 21 years old
C. Site Director must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation
(2) Physical Education, Secondary or Elementary Education
(3) Any other comparable degree plan that would lend itself to working in a
public recreation environment
D. Site Director must have two years experience planning and implementing
recreational activities.
E. Site Director must pass a background investigation including testing for illegal
substances.
F. Site Director must have successfully completed a course in First Aid and Cardio-
Pulmonary Resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
G. Site Director must be able to furnish proof of a clear tuberculosis test within 12
months prior to their employment date.
Site Director's Responsibilities
A. Site Directors are responsible to administer the Programs' daily operations in
compliance with the adopted Standards of Care.
B. Site Directors are responsible to recommend for hire, supervise, and evaluate
Counselors.
C. Site Directors are responsible for planning, implementing, and evaluating
programs.
5
Counselor Qualifications
A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation
Department.
B. Counselors working with children must be age 16 or older; however, each site
will have at least one employee 18 years old or older present at all times.
C. Counselors should be able to consistently exhibit competency, good judgment,
and self-control when working with children.
D. Counselors must relate to children with courtesy, respect, tolerance, and patience.
E. Counselors must have successfully completed a course in First Aid and CPR
based on either American Heart Association or American Red Cross standards.
An exception can be made for no more than one staff person at each site and that
person shall successfully complete a First Aid and CPR course within four weeks
of starting work.
F. Each Counselor must be able to furnish proof of a clear tuberculosis test within
the 12 months prior to their employment date.
G. Counselors must pass a background investigation including testing for illegal
substances.
Counselor Responsibilities
A. Counselors will be responsible to provide participants with an environment in
which they can feel safe, can enjoy wholesome recreation activities, and can
participate in appropriate social opportunities with their peers.
B. Counselors will be responsible to know and follow all City, Departmental, and
Program standards, policies and procedures that apply to Coppell Parks and
Recreation Youth Programs.
C. Counselors must ensure that participants are released only to an authorized parent
or an authorized adult designated by the parent. All Program sites will have a
copy of the Department approved plan to verify the identity of a person
authorized to pick up a participant if that person is not known to the Counselor.
Training/Orientation
A. The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities. Site
Director will provide each Counselor with a Program manual specific to the
Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
6
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies.
E. Program employees will be trained in areas including City, Departmental, and
Program policies and procedures, provision of recreation activities, safety issues,
child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
Staff-Participant Ratio
A. In a Coppell Youth Program, the standard ratio of participants to Counselors
shall not exceed 20 to 1. In the event a Counselor is unable to report to the
Program site, a replacement will be assigned.
B. Each participant shall have a Program employee who is responsible for him or
her and who is aware of the participant's habits, interests, and any special
problems as identified by the participant's parent(s) during the registration
process.
Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the parent(s)
of participants. Parents will be asked to sign discipline reports to indicate they
have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
Program Manual may result in a participant being suspended from the Program.
F. In instances where there is a danger to participants or staff, offending participants
will be removed from the Program site as soon as possible.
7
Programming
A. Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abilities. The activities must be appropriate
to participants' health, safety, and well being. The activities also must be flexible
and promote the participants' emotional, social, and mental growth.
B. Program employees will attempt to provide indoor and outdoor time periods that
include:
(1) Alternating active and passive activities;
(2) Opportunity for individual and group activities, and
(3) Outdoor time each day weather permits.
Communication
A. The Program site will have a mobile phone to allow the site to be contacted by
Parks & Recreation personnel or for making emergency calls.
B. The Site Director will post the following telephone numbers adjacent to a mobile
phone accessible to all Program employees at the site:
(1) Coppell Ambulance or Emergency Medical Services.
(2) Coppell Police Department
(3) Coppell Fire Department
(4) Coppell Independent School District campuses
(5) Numbers at which parents may be reached
(6) The telephone number for the site itself
Transportation
A. Before a participant may be transported to and from city sponsored activities, a
transportation form, completed by the parent of the participant, must be filed with
the Site Director.
B. First Aid supplies and a First Aid and emergency care guide will be available in
all Program vehicles that transport children.
C. All Program vehicles used for transporting participants must have available a 6-
BC portable fire extinguisher which will be installed in the passenger
compartment of the vehicle and must be accessible to the adult occupants.
8
FACILITY STANDARDS
Safety
A. Program employees will inspect the Program site daily to detect sanitation and
safety concerns that might affect the health and safety of the participants. A
daily inspection report will be completed by Program employees and kept on file
by the Site Director.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have First Aid supplies readily available at each site,
during transportation to an off-site activity, and for the duration of any off-site
activity.
E. Program air conditioners, electric fans, and heaters must be mounted out of
participants' reach or have safeguards that keep participants from being injured.
F. Program porches and platforms more than 30 inches above the ground must be
equipped with railing participants can reach.
G. All swing seats at the Program site must be constructed of durable, lightweight,
relatively pliable material.
H. Program employees must have First Aid supplies readily available to staff in a
designated location. Program employees must have an immediately accessible
guide to First Aid and emergency care.
Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program
employees' first priority is to evacuate the participants to a designated safe area.
B. The Program site will have an annual fire inspection by the local Fire Marshal,
and the resulting report will detail any safety concerns observed. The report will
be forwarded to the Director of Parks & Recreation who will review and
establish deadlines and criteria for compliance. Information from this report will
be included in the Director of Parks & Recreation annual report to the Council.
C. The Program site must have at least one fire extinguisher approved by the Fire
Marshall readily available to all Program employees. The fire extinguisher is to
be inspected monthly by the Site Director, and a monthly report will be
forwarded to the Recreation Manager who will keep the report on file for a
minimum of two years. All Program employees will be trained in the proper use
of fire extinguisher.
D. Fire drills will be initiated at Program sites based on the following schedule:
9
(1) Summer Recreation Program: A fire drill twice during the session.
Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of
all participants and employees.
(3) Program employees will follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in the
Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides
authorization for staff to dispense medication with details as to time and
dosages. The form will include a hold harmless clause to protect the
City.
(2) Prescription medications are in the original containers labeled with the
child's name, a date, directions, and the physician's name. Program
employees will administer the medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
(3) Nonprescription medications are labeled with the child's name and the
date the medication was brought to the Program. Nonprescription
medication must be in the original container. Program employees will
administer it only according to label direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program employees.
The Program employees will administer no injections.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the refrigerator
(when available), medications will be kept separate from food.
10
C. Toilet Facilities
(1) The Program site will have inside toilets located and equipped so
children can use them independently and Program staff can supervise as
needed.
(2) There must be one flush toilet for every 30 children. Urinals may be
counted in the ratio of toilets to children, but they must not exceed 50%
of the total number of toilets.
(3) An appropriate and adequate number of lavatories will be provided.
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and heat.
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and
ensure that it will be supplied to the participants in a safe and sanitary
manner.
(3) Program employees must see that garbage is removed from buildings
daily.
DEPT: Planning
DATE: June 14, 2005
ITEM #: 8/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1211R, Service Star, zoning change from PD-199-HC-S-1211
(Planned Development-199-Highway Commercial-Special Use Permit-1211) to PD-199-HC-S-1211R (Planned
Development-199-Highway Commercial-Special Use Permit-1211 Revised), to allow the development of an auto
repair garage, car wash, convenience store and gasoline service station on 2.24 acres of property located at the
southwest corner of S.H. 121 and MacArthur Blvd., 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 April 20, 2005, the Planning Commission approved this zoning change (6-1).
On May 10, 2005, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @S-1211R SS ORD 1-AR (Con)
1 74765
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
ORDINANCE NO. 91500, THE COMPREHENSIVE ZONING ORDINANCE
AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM “PD-199-HC-S-
1211” (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL-
SPECIAL USE PERMIT-1211) TO “PD-199-HC-S-1211R” (PLANNED
DEVELOPMENT 199-HIGHWAY COMMERCIAL-SPECIAL USE PERMIT-
1211 REVISED), TO ALLOW THE DEVELOPMENT OF AN AUTO REPAIR
GARAGE, CAR WASH, CONVENIENCE STORE AND GASOLINE
SERVICE STATION ON 2.24 ACRES OF PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF S.H. 121 AND MACARTHUR BOULEVARD,
AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING FOR THE APPROVAL OF THE SITE PLAN,
LANDSCAPE PLAN, ELEVATIONS OF THE GREAT AMERICAN,
ELEVATIONS OF THE FOOD MART, ELEVATIONS OF THE CAR WASH,
ELEVATIONS OF THE CANOPY, ELEVATIONS OF THE MONUMENT
SIGN, FLOOR PLAN OF GREAT AMERICAN, FLOOR PLAN OF THE
CONVENIENCE STORE AND SIGN CRITERIA, ATTACHED HERETO AS
EXHIBITS “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J” and “K,”
RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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-199-HC-S-1211R should be
approved, and in the exercise of legislative discretion have concluded that Ordinance No. 91500, 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 Ordinance No. 91500, the Comprehensive Zoning Ordinance and Map of
the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-199-
2 74765
HC-S-1211 (Planned Development-199-Highway Commercial-Special Use Permit-1211) to PD-
199-HC-S-1211R (Planned Development 199-Highway Commercial-Special Use Permit-1211
Revised), to allow the development of an auto repair garage, car wash, convenience store and
gasoline service station on 2.24 acres of property located at the southwest corner of S.H. 121 and
MacArthur Boulevard on approximately 2.24 acres of property described in the attached Exhibit "A",
subject to special conditions.
SECTION 2.That the Special Use Permit to allow for the construction of an auto repair
garage, car wash, convenience store and a gasoline service station is hereby approved, subject to the
following special conditions:
(A) The site shall be developed in accordance with Site Plan, Landscape Plan, Elevations of
the Great American, Elevations of the food mart, Elevations of the car wash, Elevations
of the canopy, Elevations of the monument sign, floor plan of Great American, floor
plan of the convenience store and sign criteria, which are attached hereto as a further
condition in accordance with the Exhibits as provided in Section 3 of this Ordinance.
(B) That the hours of operation of such facility shall be as follows:
i. The Great American – 7 a.m. to 7 p.m., Monday through Friday, 7 a.m. to 5
p.m. Saturday, and closed on Sunday.
ii. Service Star/convenience store - 24 hours a day/seven days a week.
(C) That a deceleration lane between Tracts 4 and 5 off MacArthur Boulevard, as approved
by the City Engineer, shall be completed prior to issuance of a Certificate of
Occupancy.
(D) Awnings may be constructed of canvas, metal or other material approved by the City so
long as materials are primed, painted and/or otherwise conditioned to minimize future
maintenance and prevent rusting.
3 74765
(E) The sign regulations shall be governed by Exhibit K, except as provided below:
i. Tract 4 shall be allowed two (2) monument signs, each of which will
display the name of both the gas station/convenience store and the
automotive service center. The square footage of each above-referenced
sign shall not exceed sixty- (60) square feet.
ii. The 40-square foot attached sign located on the corner of the auto repair
building on Tract 4 shall be allocated equally on both sides.
SECTION 3.That the Site Plan, Landscape Plan, Elevations of The Great American,
Elevations of the food mart, Elevations of the car wash, Elevations of the canopy, Elevations of the
monument sign, floor plan of Great American, floor plan of the convenience store, and Sign
Criteria, attached hereto as Exhibits “B,” “C,” “D,” “E,” “F,” “G,” “H,” “I,” “J” and “K,” respectively,
and made a part hereof for all purposes, are hereby approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances, except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
4 74765
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9.That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2005.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
EXHIBIT K
Page 1 of 2
EXHIBIT “K”
VISTA POINT II / MACARTHUR RIDGE SIGN CRITERIA
The purpose of this sign criteria is to create a graphic environment which is individual and
distinctive in identity for the Tenant and also compatible with other signs in the center. The total
concept should give an impression of quality and professionalism and instill a good business
image. Lettering shall be well proportioned, and its design, spacing and legibility shall be a major
criterion for approval.
REQUIRED SIGNS
1. Tenant shall identify its premises by erecting one (1) facia sign which shall be attached
directly to the building fascia as described hereinafter. Subject to the restrictions under “Size
of Sign” below, for buildings and leaseholds with one (1) front façade, (front façade being
defined as the building surface directly facing a dedicated street, or where street frontage does
not exist, it shall be defined as the width of the lease space which contains the main entry),
attached signs located at a height of 36 feet or less are permitted a maximum aggregate
effective area equal to one-square foot per lineal foot of leasehold frontage, as applicable, or
300 square feet, whichever is less.
TYPE OF FASCIA SIGN
Non-illuminated or reverse lighted individually pin mounted channel letters.
SIZE OF SIGN
1. Depth – 5 ½”; height – not to exceed 36”. Multiple Rows – not to exceed 36” in total
height including spaces between rows. Minimum Letter Size – 10”.
2. In any case the overall length or spread of the sign cannot exceed 70% of the total linear
measurement of the main entry storefront of leased space or 40’-0”, whichever is less.
3. In the case of an irregularly shaped sign or logo sign with letters and/or symbols directly
affixed to the wall of a building, the area of the sign shall be the entire area within a single
continuous rectilinear perimeter of not more than the proportional maximum height and width
limitations noted above.
TYPE OF SIGN
1. Box type signs will not be allowed.
COLOR
1. Matte is finish required.
2. Colors are limited to white, ivory, or black. All signs on any building shall be a
consistent color, expect for logos as provided for herein. Logos are permitted up
to a maximum of 20% of the area of the sign.
CONSTRUCTION OF LETTERS
1. Returns and Fronts - .063 aluminum gauge (minimum)
2. Back of letters shall have a minimum of 1/8” clear Plexiglass face.
EXHIBIT K
Page 2 of 2
3. No exposed trim caps are permitted
4. Letters are to be pin mounted 1” off building fascia.
5. U.L. label is required.
ILLUMINATION AND WIRING
1. If illuminated individual letters are to be backlit with neon tubing, such tubing must be
concealed in the letter and project the light source back on the building fascia.
2. Secondary Wiring – All transformers and secondary wiring are to be concealed behind
parapets or within soffits.
3. Routing of conduit shall be below roof deck and not visible.
PLACEMENT AND INSTALLATION
General Notes
1. Tenant signage shall be as close to a center-of-frontage location as possible, subject to
allowance for corner positioning.
2. Attachment of signage is to be U.L. approved. No exposed wiring is permitted.
3. All fasteners used are to be non-corrosive stainless steel.
TRAILER SIGNS AND/OR TEMPORARY SIGNS WILL NOT BE PERMITTED.
THE FOLLOWING ARE NOT PERMITTED
1. Roof signs or box signs
2. Exposed seam tubing
3. Animated or moving components
4. Intermittent or flashing illumination
5. Iridescent or fluorescent painted signs
6. Letters mounted or painted on illuminated panels
7. Signs or letters painted directly on any surface except as herein provided
DEPT: Planning
DATE: June 14, 2005
ITEM #: 8/G
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a 60-day extension to the expiration date for the Villas of Lake Vista, Phase 1, Final Plat, to
allow the platting of 93 townhome lots and 13 common areas on 12.7 acres of property located south of Lake Vista
Drive, east of MacArthur Boulevard.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On August 10, 2004, Council (6-0) granted the Planning Commission Final Plat approval authority.
On November 18, 2004, the Planning Commission (6-0) approved the Phase 1 Final Plat.
Please see the attached letter from Dowdey, Anderson & Associates, Inc., dated May 5, 2005, requesting a 60-day
extension. The Planning Commission does not have the authority to grant extensions. If Council were to approve
this request, the Phase 1 Final Plat would expire July 18, 2005.
Staff recommends an extension not to exceed 90 days to give ample time for construction plans approval by the
Engineering Department, as well as franchise utility easements being finalized. This plat would then expire
August 17, 2005.
Agenda Request Form - Revised 09/04 Document Name:@Villas of LV,Ph.1,FPX 1-AR(Con)
5 May 2005
Mr. Gary L. Sieb
Director of Planning
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
RE: Villas at Lake Vista, Phase One
Final Plat
DAA Job No. 03067B
Dear Mr. Sieb:
On behalf of our client, Wakeland Properties, we respectfully request an additional 60-
day extension of the filing of the Villas at Lake Vista Phase One Final Plat for several
reasons.
We are waiting on approval of the Construction Plans from the City Engineer as well
as finalizing the franchise utility easements and preparing the plat for filing.
The requested 60-day extension would provide us with the necessary time to resolve
the afore-mentioned issues.
Please do not hesitate to call me should you have any questions regarding this
request.
Sincerely,
Carol Self
cc: Marcie Diamond, Assistant Director of Planning
Mark Wakeland, Wakeland Properties
DEPT: City Manager's Office
DATE: June 14, 2005
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION:
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 the
property owned by Coppell Trade Center, L.P., described as Coppell Trade Center Lot 1, Block 1 (40.655 acres)
and located on the north side of Sandy Lake Road just west of State Road.
GOAL(S):
EXECUTIVE SUMMARY: The Public Hearing notice was published in the Citizens Advocate on May 20,
2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Coppell Trade Center PH
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 14th day of June, 2005,
at 7:00 P.M., to consider designation of the property described as
Lot 1, Block 1, Coppell Trade Center(40.655 acres), located on the
north side of Sandy Lake Road just west of State Road, Coppell,
Texas, Coppell Trade Center L.P., as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate May 20, 2005
DEPT: City Manager's Office
DATE: June 14, 2005
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance designating Coppell Trade Center L.P., Reinvestment Zone No. 43, and
authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Coppell Trade Center Ord – 1 AR
1 55095
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 43 (COPPELL TRADE CENTER L.P.);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1:That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements sought are feasible and practicable and would be of
benefit to the land to be included in the zone and to the City after the expiration of a tax abatement
agreement.
SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 43 (Coppell Trade Center L.P.)”
2 55095
SECTION 3.That the property within Reinvestment Zone No. 43 is eligible for
commercial-industrial tax abatement effective on January 1, 2005.
SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5.That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6.This ordinance 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, on the ______ day of
___________________, 2005.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
PETER G. SMITH, CITY ATTORNEY
(PGS/gj 6/6/05)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
DEPT: City Manager's Office
DATE: June 14, 2005
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and
Coppell Trade Center L.P., and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on June
14, 2005. The Coppell Economic Development Committee unanimously recommended approval of this abatement
agreement request on December 1, 2004.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Coppell Trade Center Res.- 1 AR
1 74213
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND COPPELL TRADE CENTER L.P.;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas and Coppell Trade Center, L.P., a copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1.The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2.The City Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community through
a combination of new capital investment, increased sales tax revenues, and the creation of additional
job opportunities.
SECTION 3.The tax abatement to be granted by the Agreement will not include
inventory, and supplies.
SECTION 4.The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
2 74213
SECTION 5.The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6.This Resolution and the Tax Abatement Agreement are hereby approved by
the affirmative vote of the majority of the members of the City Council of the City of Coppell,
Texas, at a regularly scheduled meeting of the City Council.
SECTION 7.This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2005.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/si 06/06/05)
Coppell Trade Center, LP Tax Abatement Agreement –Page 1 71620
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), and Coppell Trade Center L.P. a Texas limited partnership (the
“Owner”), acting by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 43 (the “Zone”),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and
WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement
Guidelines”); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner owns or is under contract to acquire the real property described in
Exhibit “A” (“Land”) and intends to construct up to four (4) office/warehouse buildings,
(“Buildings A-D”) in three phases with a total of 495,000 square feet, (hereinafter collectively
defined as the “Improvements”) on the Land; and
WHEREAS, Owner’s development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), the contemplated Improvements thereto in the amount set forth in this Agreement, and the
other terms hereof are consistent with encouraging development of the Zone in accordance with the
purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance
adopted by the City, the Tax Code and all other applicable laws; and
Coppell Trade Center, LP Tax Abatement Agreement –Page 2 71620
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable and would be of benefit to the Premises to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
WHEREAS, the City desires to enter into an agreement with the Owner for the abatement
of taxes pursuant to Chapter 312 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
“Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in
which the Tax Abatement Agreement is executed (2005).
“Building A” shall mean an office/warehouse building containing at least 100,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
more fully described in the submittals filed by Owner with the City from time to time in order to
obtain a building permit).
“Building B” shall mean an office/warehouse building containing at least 100,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
more fully described in the submittals filed by Owner with the City from time to time in order to
obtain a building permit).
“Building C” shall mean an office/warehouse building containing at least 195,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
more fully described in the submittals filed by Owner with the City from time to time in order to
obtain a building permit).
“Building D” shall mean an office/warehouse building containing at least 100,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
more fully described in the submittals filed by Owner with the City from time to time in order to
obtain a building permit).
Coppell Trade Center, LP Tax Abatement Agreement –Page 3 71620
“Commencement of Construction” shall mean that (i) the construction plans for the
respective building comprising the Improvements have been prepared and all approvals thereof
required by applicable governmental authorities have been obtained; and (ii) all necessary
permits for construction of the respective building comprising the Improvements pursuant to the
respective plans therefore having been issued by all applicable governmental authorities.
“Completion of Construction” shall mean: (i) substantial completion of the of the
respective building comprising the Improvements; and (ii) a final certificate of occupancy has
been issued for the first tenant for the respective building comprising the Improvements.
“Effective Date” shall mean the last date of execution of this Agreement.
“Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a
party’s existence as a going business, insolvency, appointment of receiver for any part of a
party’s property and such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against such
party, and such proceeding is not dismissed within ninety (90) days after the filing thereof.
“First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of issuance of the first certificate of occupancy for first tenant for the
respective building comprising the Improvements.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by
acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
“Improvements” shall collectively mean Buildings A, B, C and D and which contain in
the aggregate at least 495,000 square feet of space.
“Land” means the real property described in Exhibit A.
“Phase(s)” means singularly or collectively Phase I, Phase II and Phase III as the context
indicates.
“Phase I” shall mean the construction of Building C.
“Phase II” shall mean the construction of Buildings A and B, or one building containing
at least 200,000 square feet of space (and other ancillary facilities such as reasonably required
parking and landscaping more fully described in the submittals filed by Owner with the City
from time to time in order to obtain a building permit)..
“Phase III” shall mean the construction of Building D.
Coppell Trade Center, LP Tax Abatement Agreement –Page 4 71620
“Premises” shall collectively mean the Land and Improvements, following construction
thereof.
“Taxable Value” means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article II
Term
The term of this Agreement shall begin on the Effective Date and shall continue until
December 31 of the calendar year following the expiration of the last tax abatement provided
herein unless sooner terminated.
Article III
General Provisions
3.1 Owner is the owner of, or under contract, to acquire the Land, which Land is located
within the city limits of the City and within the Zone. Owner intends to construct the Improvements
on the Land.
3.2 The Premises are not in an improvement project financed by tax increment bonds.
3.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
3.4 The Premises is not owned or leased by any member of the Coppell City Council or
any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
Article IV
Tax Abatement Authorized
4.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
4.2 Phase I. Subject to the terms and conditions of this Agreement, and provided the
Taxable Value of Building C, excluding the Land, is at least $6 Million, as of the First Year of
Abatement and as of January 1 of each year thereafter for a total period of five (5) calendar years,
the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of
the Building C for a period of five (5) consecutive years beginning with the First Year of
Abatement. The actual percentage of Taxable Value of Building C, subject to abatement will apply
only to the portion of the Taxable Value of Building C that exceeds the Base Year Taxable Value.
4.3 Phase II. Subject to the terms and conditions of this Agreement, and provided the
combined Taxable Value of Buildings A and B, ( or if a single building is constructed the one
building containing at least 200,000 square feet of space) excluding the Land, shall be at least $5.5
Coppell Trade Center, LP Tax Abatement Agreement –Page 5 71620
Million, as of the First Year of Abatement and as of January 1 of each year thereafter for a total
period of five (5) calendar years, the City hereby grants Owner an abatement of seventy-five percent
(75%) of the Taxable Value of Building A and Building B (or the single building) for a period of
five (5) consecutive years beginning with the First Year of Abatement for the respective buildings.
The actual percentage of Taxable Value of Buildings A and B, subject to abatement will apply only
to the portion of the Taxable Value of Buildings A and B that exceeds the Base Year Taxable
Values.
4.4 Phase III. Subject to the terms and conditions of this Agreement, and provided the
Completion of Construction has occurred for Phase I, and the Taxable Value of Building D,
excluding the Land, is at least $5 Million, as of the First Year of Abatement and as of January 1 of
each year thereafter for a total period of five (5) calendar years, the City hereby grants Owner an
abatement of seventy-five percent (75%) of the Taxable Value of Building D for a period of five
(5) consecutive years beginning with the First Year of Abatement. The actual percentage of
Taxable Value of Building D, subject to abatement will apply only to the portion of the Taxable
Value of Building D that exceeds the Base Year Taxable Value.
4.5 The period of tax abatement for the respective building or Phase of the
Improvements herein authorized shall be for a period of five (5) consecutive years. During the
period of tax abatement herein authorized, Owner shall be subject to all taxation not abated,
including but not limited to, sales tax and ad valorem taxation.
Article V
Improvements
Owner owns, or is under contract to purchase, the Land and intends to construct or caused to
be constructed thereon four office/warehouse buildings in three phases, Phase I, Phase II and Phase
III. Building A shall contain at least 100,000 square feet of space (and other ancillary facilities such
as reasonably required parking and landscaping more fully described in the submittals filed by
Owner with the City from time to time in order to obtain a building permit) (‘Building A”),
Building B shall contain at least 100,000 square feet of space (and other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed by Owner
with the City from time to time in order to obtain a building permit) (‘Building B”), (if the Owner
elects to construct a single building during Phase II rather than Building A and B, such single
building shall contain at least 200,000 square feet of space and other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed by Owner
with the City from time to time in order to obtain a building permit), Building C shall contain at
least 195,000 square feet of space (and other ancillary facilities such as reasonably required parking
and landscaping more fully described in the submittals filed by Owner with the City from time to
time in order to obtain a building permit) (‘Building C”) and Building D shall contain at least
100,000 square feet of space (and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed by Owner with the City from time to time in
order to obtain a building permit) (‘Building D”) (collectively the “Improvements”). Nothing in this
Agreement shall obligate Owner to construct Buildings A, B, C and D on the Land but said action is
a condition precedent to Owner’s tax abatement for the Improvements pursuant to this Agreement.
Coppell Trade Center, LP Tax Abatement Agreement –Page 6 71620
Article VI
Construction of the Improvements
6.1 As a condition precedent to the initiation of Owner’s tax abatement pursuant to this
Agreement, Owner agrees subject to events of Force Majeure to cause Commencement of
Construction of the Phase I to occur within 3 calendar months after the Effective Date, and to cause
Completion of Construction of the Improvements to occur within 12 calendar months thereafter, as
good and valuable consideration for this Agreement, and that all construction of the Improvements
will be in accordance with all applicable state and local laws, codes, and regulations, (or valid
waiver thereof).
6.2 Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the
respective building comprising the Improvements shall be used only as office/warehouse
buildings for a period of five (5) years commencing on the date the final certificate of occupancy
is issued for the respective building comprising the Improvements.
6.3 The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice
to Owner, and in accordance with Owner’s visitor access and security policies, in order to insure
that the construction of the Improvements are in accordance with this Agreement and all
applicable state and local laws and regulations (or valid waiver thereof).
Article VII
General Requirements
7.1 Construction plans for each of the buildings comprising the Improvements
constructed on the Land will be filed with the City, which shall be deemed to be incorporated by
reference herein and made a part hereof for all purposes.
7.2 Owner shall before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that it is in compliance with each term of the Agreement.
7.3 The Land and the Improvements constructed thereon at all times shall be used in the
manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii)
that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
7.4 Owner agrees to provide to applicable tenants of the Improvements, the entire
benefit of the tax abatement granted herein. Owner shall, upon written request, provide the City
with satisfactory evidence that the benefits of the tax abatement of the respective building
comprising the Improvements under this Agreement have been provided to applicable tenants.
7.5 Notwithstanding anything contained herein the contrary any building comprising
the Improvements for which Completion of Construction has not occurred within five (5)
Coppell Trade Center, LP Tax Abatement Agreement –Page 7 71620
calendar years after the Effective Date shall not be eligible or entitled to tax abatement as
provided herein.
7.6 Owner shall cause Completion of Construction of all Phases comprising the
Improvements to occur within five (5) years following the Effective Date, provided however it
shall not be an event of default hereunder and Owner shall not forfeit the Tax Abatement
provided herein for any Phase comprising the Improvements for which Completion of
Construction thereof has occurred within five (5) years after the Effective Date.
7.7 The Taxable Value of the Improvements comprising Phase II shall be at least $5.5
Million Dollars as of the First Year of Abatement and as of January 1 of each calendar year
thereafter for a total of five (5) consecutive years. The Taxable Value of the Improvements
comprising the Phase III shall be at least $5 Million Dollars as of the First Year of Abatement
and as of January 1 of each calendar year thereafter for a total of five (5) consecutive years.
7.8 The Taxable Value of the Improvements comprising Phase I shall be at least $6
Million Dollars as of the First Year of Abatement and as of January 1 of each calendar year
thereafter for a total of five (5) consecutive years.
Article VIII
Default: Recapture of Abated Tax
8.1 In the event Owner: (i) fails to cause Commencement of Construction and/or
Completion of Construction of any Phase comprising the Improvements (Phase I, Phase II or Phase
III) in accordance with this Agreement or in accordance with applicable State or local laws, codes or
regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains
its right to timely and properly protest such taxes or assessment); (iii) has an “Event of Bankruptcy
or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement, then Owner
after the expiration of the notice and cure periods described below, shall be in default of this
Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30)
days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to
the City without benefit of a tax abatement for the respective Phase comprising the Improvements,
with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax
Code as amended but without penalty. The parties acknowledge that actual damages in the event of
default termination would be speculative and difficult to determine. The parties further agree that
any abated tax, including interest as a result of this Agreement, shall be recoverable against the
Owner, its successors and assigns and shall constitute a tax lien against the Premises, the subject of
this Agreement, and shall become due, owing and shall be paid to the City within thirty (30) days
after termination.
8.2 Upon breach by Owner of any obligations under this Agreement, the City shall
notify the Owner in writing, who shall have thirty (30) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the default must be cured.
Coppell Trade Center, LP Tax Abatement Agreement –Page 8 71620
8.3 If the Owner fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement, by written notice to the Owner. Provided however, in the event of an uncured
default by Owner of the obligations under this Agreement with respect to a specific Phase
comprising the Improvements, the City at its sole option shall have the right to terminate this
Agreement with respect to the Phase then in default without terminating this Agreement with the
respect of any Phase not then in default, by written notice to the Owner.
8.4 Upon termination of this Agreement (or partial termination with respect to a specific
Phase) by City, all tax abated with respect to the Improvements or respective Phase in default, as the
case may be, as a result of this Agreement, shall become a debt to the City as liquidated damages,
and shall become due and payable not later than thirty (30) days after a notice of termination is
made. The City shall have all remedies for the collection of the abated tax provided generally in the
Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option
to provide a repayment schedule. The computation of the abated tax for the purposes of the
Agreement shall be based upon the full Taxable Value of the Improvements or the respective Phase
of the Improvements, as the case may be, without tax abatement for the years in which tax
abatement hereunder was received by the Owner, as determined by the Appraisal District,
multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector.
The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence
to accrue after expiration of the thirty (30) day payment period.
Article IX
Miscellaneous
9.1 Annual Application For Tax Exemption. It shall be the responsibility of the Owner
pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for
each Appraisal District in which the eligible taxable property has situs. A copy of the exemption
application shall be submitted to the City upon request.
9.2 Notice. All notices required by this Agreement shall be addressed to the
following, or other such other party or address as either party designates in writing, by certified
mail, postage prepaid, or by hand or overnight delivery:
If intended for Owner, to:
Coppell Trade Center, L.P.
Attn: Al Sorrels
5055 Keller Springs Road
Suite 300
Addison, Texas 75001
Coppell Trade Center, LP Tax Abatement Agreement –Page 9 71620
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
9.3 City Council Authorization. This Agreement was authorized by resolution of the
City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on
behalf of the City.
9.4 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,
shall be enforceable and shall be read as if the parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
9.5 Applicable Law. This Agreement shall be construed under the laws of the State of
Texas. Venue for any action under this Agreement shall be the State District Court of Dallas
County, Texas. This Agreement is performable in Dallas County, Texas.
9.6 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
9.7 Entire Agreement. This Agreement embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements between the parties
and relating to the matters in this Agreement, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
Agreement.
9.8 Recordation of Agreement. A certified copy of this Agreement shall be recorded in
the Deed Records of Dallas County, Texas.
9.9 Incorporation of Recitals. The determinations recited and declared in the
preambles to this Agreement are hereby incorporated herein as part of this Agreement.
9.10 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
Coppell Trade Center, LP Tax Abatement Agreement –Page 10 71620
9.11 Chamber of Commerce. During the term of this Agreement, Owner shall, or cause
a corporate representative to, maintain continuous corporate membership in the Coppell
Chamber of Commerce.
9.12 Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may be assigned with the consent of the City Manager.
9.13 Condition Precedent The tax abatement herein and this Agreement is expressly
conditioned upon the Owner closing its purchase of the Land on or before _____________ 2005.
EXECUTED in duplicate originals this the ____ day of ________, 2005.
City of Coppell, Texas
By: ______________________________________
Douglas N. Stover, Mayor
Attest:
By: _______________________________________
Libby Ball, City Secretary
Agreed as to Form:
By:
Peter G. Smith, City Attorney
EXECUTED in duplicate originals this the ____ day of ________, 2005.
Coppell Trade Center, LP Tax Abatement Agreement –Page 11 71620
COPPELL TRADE CENTER, L.P., a Delaware limited partnership
By: COPPELL TRADE CENTER GP, LLC, a Delaware limited liability company, its general
partner
By: COPPELL TRADE CENTER REIT, LLC, a Delaware limited liability company, its
sole member
By: PRINCIPAL ENHANCED PROPERTY FUND, L.P., a Delaware limited
partnership, its managing member
By: PRINCIPAL ENHANCED PROPERTY FUND GP, LLC, a Delaware
limited liability company, its general partner
By: PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware
limited liability company, its sole member
By _________________
By _________________
Coppell Trade Center, LP Tax Abatement Agreement –Page 12 71620
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Douglas N. Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on
behalf of said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
Owner’s Acknowledgment
State 0f Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by ____________________________ being the ___________________ of Coppell Trade
Center, L.P., a Texas limited partnership, on behalf of said partnership.
Notary Public, State of _________
My Commission Expires:
Coppell Trade Center, LP Tax Abatement Agreement –Page 13 71620
Exhibit “A”
Legal description of the Land
To be attached
DEPT: City Manager's Office
DATE: June 14, 2005
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Economic Development Incentive Agreement between the City of Coppell and Coppell
Trade Center LP, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This proposed agreement will provide Coppell Trade Center LP a waiver of 50% of the building permit fees and a
waiver of 50% of the Roadway Impact fees.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Coppell Trade Center Incentive -
1AR
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 1 71624
STATE OF TEXAS §
§ ECONOMIC DEVELOPMENT INCENTIVE
§ AGREEMENT
COUNTY OF DALLAS §
This Economic Development Incentive Agreement (“Agreement”) is made by and
between the City of Coppell, Texas (the “City”), and Coppell Trade Center, L.P., (“Company”),
acting by and through their respective authorized officers.
WITNESSETH:
WHEREAS, Company has or intends to purchase the land (hereinafter defined) and to
construct the Improvements (hereinafter defined) therein; and
WHEREAS, the City has adopted programs for promoting economic development; and
WHEREAS, the City is authorized by TEX. LOC. GOV’T CODE §380.001 to provide
economic development grants to promote local economic development and to stimulate business
and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Company in accordance with this Agreement will further the objectives of the City, will benefit
the City and the City’s inhabitants and will promote local economic development and stimulate
business and commercial activity in the City;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, the parties agree as follows:
Article I
Term
This Agreement shall be effective on the date of execution hereof by the City and the
Company (“Effective Date”) and shall continue until the expiration date, unless sooner
terminated as provided herein.
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
“Base Year Taxable Value” shall mean the Taxable Value for the Land for the tax year
2005.
“Building A” shall mean an office/warehouse building containing at least 100,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 2 71624
more fully described in the submittals filed by Company with the City from time to time in order
to obtain a building permit).
“Building B” shall mean an office/warehouse building containing at least 100,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
more fully described in the submittals filed by Company with the City from time to time in order
to obtain a building permit).
“Building C” shall mean an office/warehouse building containing at least 195,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
more fully described in the submittals filed by Company with the City from time to time in order
to obtain a building permit).
“Building D” shall mean an office/warehouse building containing at least 100,000 square
feet of space (and other ancillary facilities such as reasonably required parking and landscaping
more fully described in the submittals filed by Company with the City from time to time in order
to obtain a building permit).
“City” shall mean the City of Coppell, Texas.
“Company” shall mean Coppell Trade Center L.P.
“Commencement of Construction” shall mean that (i) the construction plans for the
respective building comprising the Improvements have been prepared and all approvals thereof
required by applicable governmental authorities have been obtained; and (ii) all necessary
permits for construction of the respective building comprising the Improvements pursuant to the
respective plans therefore having been issued by all applicable governmental authorities.
“Completion of Construction” shall mean: (i) substantial completion of the respective
building comprising the Improvements; and (ii) a first certificate of occupancy has been issued for
the first tenant for the respective building comprising of the Improvements.
“Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a
party’s existence as a going business, insolvency, appointment of receiver for any part of such
party’s property and such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against such
party and such proceeding is not dismissed within ninety (90) days after the filing thereof.
“Expiration Date” shall mean the fifth (5th) anniversary date of the Effective Date.
“First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of issuance of the first certificate of occupancy for the first tenant for the
respective building comprising the Improvements.
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 3 71624
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by the intentionally
wrongful acts or omissions of the party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
“Grants” shall collectively mean the Impact Fee Waiver and the Building Permit Fee
Waiver as set forth herein.
“Improvements” shall collectively mean Buildings A, B, C and D and which contain in the
aggregate at least 495,000 square feet of space as further described herein.
“Impositions” shall mean all taxes, including real estate and ad valorem taxes,
assessments, use and occupancy taxes, charges, excises, license and permit fees, and other
charges by public or governmental authority, general and special, ordinary and extraordinary,
foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any
public or governmental authority on the Company or any property or any business owned by
Company within the City.
“Land” means the real property described in Exhibit A.
“Phase(s)” means singularly or collectively Phase I, Phase II and Phase III as the context
indicates.
“Phase I” shall mean the construction of Building C.
“Phase II” shall mean the construction of Buildings A and B, or one building containing
at least 200,000 square feet of space (and other ancillary facilities such as reasonably required
parking and landscaping more fully described in the submittals filed by Owner with the City
from time to time in order to obtain a building permit).
“Phase III” shall mean the construction of Building D.
“Premises” shall collectively mean the Land and the Improvements.
“Taxable Value” means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article III
Economic Development Grants
Owner owns, or is under contract to purchase, the Land and intends to construct or caused to
be constructed thereon four office/warehouse buildings in three phases, Phase I, Phase II and Phase
III. Building A shall contain at least 100,000 square feet of space (and other ancillary facilities such
as reasonably required parking and landscaping more fully described in the submittals filed by
Owner with the City from time to time in order to obtain a building permit) (‘Building A”),
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 4 71624
Building B shall contain at least 100,000 square feet of space (and other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed by Owner
with the City from time to time in order to obtain a building permit) (‘Building B”), (if the Owner
elects to construct a single building during Phase II rather than Building A and B, such single
building shall contain at least 200,000 square feet of space and other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed by Owner
with the City from time to time in order to obtain a building permit), Building C shall contain at
least 195,000 square feet of space (and other ancillary facilities such as reasonably required parking
and landscaping more fully described in the submittals filed by Owner with the City from time to
time in order to obtain a building permit) (‘Building C”) and Building D shall contain at least
100,000 square feet of space (and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed by Owner with the City from time to time in
order to obtain a building permit) (‘Building D”) (collectively the “Improvements”). Nothing in this
Agreement shall obligate Owner to construct Buildings A, B, C and D on the Land but said action is
a condition precedent to Owner’s tax abatement for the Improvements pursuant to this Agreement.
3.2 As a condition precedent to the initiation of Owner’s tax abatement pursuant to this
Agreement, Owner agrees subject to events of Force Majeure to cause Commencement of
Construction of the Phase I to occur within 3 calendar months after the Effective Date, and to cause
Completion of Construction of the Improvements to occur within 12 calendar months thereafter, as
good and valuable consideration for this Agreement, and that all construction of the Improvements
will be in accordance with all applicable state and local laws, codes, and regulations, (or valid
waiver thereof).
3.3 Waiver of Building Permit Fees. Subject to the Company’s continued
satisfaction of the terms and conditions of this Agreement, the City shall provide to the Company
a waiver of fifty percent (50%) of the building permit fees associated with the shell construction
of the Improvements that occurs within five (5) years after the Effective Date (the “Building
Permit Waiver”).
3.4 Impact Fee Waiver. The City agrees to provide a waiver of the collection of
fifty (50%) of the roadway impact fees to be assessed, if any, by the City against the Land (the
“Impact fee Waiver”). The parties acknowledge and agree that if roadway impact fees are not
assessed against the Land, that the City shall not be required to pay any remaining or unused
portion of the Impact Fee Waiver in cash or cash equivalent to Company or any other party, or to
apply any remaining or unused portion of the Impact Fee Waiver against any other fees assessed
or to be assessed by the City against any other property owned by Company.
3.5 Current Revenue. Under no circumstances shall City’s obligations hereunder be
deemed to create any debt within the meaning of any constitutional or statutory provision.
Further, the City shall not be obligated to pay any commercial bank, lender or similar institution
for any loan or credit agreement made by the Company. None of the City’s obligations under
this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender
and/or similar financial institution.
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 5 71624
Article IV
Conditions to Grants
Company shall during the term of this Agreement strictly comply and satisfy each of the
following conditions.
(a) Company shall not have an uncured breach or default of this Agreement.
(b) Company shall not have an uncured breach or default of that certain tax
abatement agreement by and between Company and City relating to the Improvements of even
date herewith.
(c) The Taxable Value of the Improvements comprising Phase II shall be at least $5.5
Million Dollars as of the First Year of Abatement and as of January 1 of each calendar year
thereafter for a total of five (5) consecutive years. The Taxable Value of the Improvements
comprising the Phase III shall be at least $5 Million Dollars as of the First Year of Abatement
and as of January 1 of each calendar year thereafter for a total of five (5) consecutive years.
(d) The Taxable Value of the Improvements comprising Phase I shall be at least $6
Million Dollars as of the First Year of Abatement and as of January 1 of each calendar year
thereafter for a total of five (5) consecutive years.
(e) Company agrees subject to events of Force Majeure to cause Commencement of
Construction of the Phase I to occur within three (3) calendar months after the Effective Date.
(f) Company shall cause Completion of Construction of all Phases comprising the
Improvements to occur within five (5) years following the Effective Date, provided however it
shall not be an event of default hereunder and Company shall not forfeit the Building Permit Fee
Waiver provided herein for any Phase comprising the Improvements for which Completion of
Construction thereof has occurred within five (5) years after the Effective Date.
Article V
Termination
5.1 This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) on the Expiration Date;
(c) by either party in the event the other party breaches any of the terms or
conditions of this Agreement and such breach is not cured within thirty
(30) days after written notice thereof;
(d) by City, if Company suffers an Event of Bankruptcy or Insolvency;
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 6 71624
(e) by City, if any Impositions owed to the City or the State of Texas by
Company shall become delinquent (provided, however the Company retains
the right to timely and properly protest and contest any such Impositions);
and
(f) by City, if any subsequent Federal or State legislation or any decision of a
court of competent jurisdiction declares or renders this Agreement invalid,
illegal or unenforceable.
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and permitted assigns of the parties hereto. This Agreement may not be
assigned without the express written consent of the City Manager.
6.2 Limitation on Liability. It is understood and agreed between the parties that the
Company, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes
of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature
whatsoever by a third party arising out of the Company’s performance of the conditions under
this Agreement, excluding actions of third parties with whom Company has not contracted with
or whom are not injured on the Land or within the Improvements.
6.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
6.4 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below or on the day
actually received if sent by courier or otherwise hand delivered.
If intended for City, to:
Attn: City Manager
City of Coppell
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 7 71624
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
If intended for the Company:
Coppell Trade Center, L.P.
Attn: Al Sorrels
5055 Keller Springs Road
Suite 300
Addison, Texas 75001
6.6 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The Agreement shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in the State District Court of
Dallas County, Texas.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
6.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention
of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or
unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable
and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 8 71624
6.13 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
EXECUTED on this _______ day of _____________________, 2005.
City of Coppell, Texas
By:
Douglas N. Stover, Mayor
Attest:
By:
Libby Ball, City Secretary
Approved as To Form:
By:
PETER G. SMITH
(06/06/05)
EXECUTED this the _________ day of ______________________, 2005.
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 9 71624
COPPELL TRADE CENTER, L.P., a Delaware limited partnership
By: COPPELL TRADE CENTER GP, LLC, a Delaware limited liability company, its general
partner
By: COPPELL TRADE CENTER REIT, LLC, a Delaware limited liability company, its
sole member
By: PRINCIPAL ENHANCED PROPERTY FUND, L.P., a Delaware limited
partnership, its managing member
By: PRINCIPAL ENHANCED PROPERTY FUND GP, LLC, a Delaware
limited liability company, its general partner
By: PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware
limited liability company, its sole member
By _________________
By _________________
COPPELL TRADE CENTER L.P. ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT - Page 10 71624
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Douglas N. Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf
of said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COMPANY’S ACKNOWLEDGMENT
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by __________________________________, being the ________________________ of
Coppell Trade Center, L.P., a Texas limited partnership on behalf of said partnership.
Notary Public, State of ___________
My Commission expires:
Exhibit “A”
Legal description of Land
DEPT: Planning
DATE: June 14, 2005
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-210-SF-9(CH), Kaye Street, zoning change from SF-12 (Single Family-12) to
PD-210-SF-9(CH) (Planned Development-210-Single Family-9, Called Hearing) to allow for the retention of
existing homes and permit the development and redevelopment of homes on existing lots and to allow the
replatting of lots to a minimum of 9,000-square feet on property located along the north and south sides of Kaye
Street, east of Coppell Road, encompassing 35 lots (412 & 420 Coppell Road and 300-426 Kaye Street).
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 19, 2005
Decision of P&Z Commission: Approval (5-0) with Commissioners Borchgardt, Foreman, Milosevich,
Kittrell and Reese voting in favor; none opposed. Commissioners Hall and McCaffrey were absent.
Approval is recommended, subject to the attached PD conditions and exhibits, with an additional provision, as
follows:
I. Disasters
1. If a house is destroyed due to a natural disaster or fire, the homeowner may elect to rebuild
the home as it exists today without seeking any variances. (CONDITION MET)
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name:@1PD-210-SF-9(CH) 1-AR
Item # 4
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-210-SF-9(CH), Kaye Street
P & Z HEARING DATE: May 19, 2005
C.C. HEARING DATE: June 14, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: North and south sides of Kaye Street, east of Coppell Road
SIZE OF AREA: 35 lots on approximately 10.6 acres of property
CURRENT ZONING: SF-12 (Single Family-12)
REQUEST: PD-210-SF-9 (Planned Development-210, Single Family-9) to allow
the retention of existing homes and the development and
redevelopment of homes on existing lots and to allow the replatting of
lots to a minimum of 9,000-square feet.
APPLICANT: Planning and Zoning Commission Authorized Public Hearing to
determine proper zoning.
HISTORY: The W.A. Anderson Addition is one of the oldest subdivisions in
the City of Coppell, and this plat was never filed for record. Per the
Dallas County Appraisal District (DCAD) records, the
construction of one of the homes dates back to 1935 and another to
1940. A majority of the homes were built in the 1950’s and
1960’s, which was prior to the establishment of the current Zoning
and Subdivision regulations.
The most recent redevelopment activity occurred in the year 2000,
when the owner of 332 Kaye Street demolished the existing home
Item # 4
Page 2 of 4
to construct a new home on this lot. Given that this could not be
developed in compliance with the SF-12 regulations, Board of
Adjustment (BOA) action was required. In 1999 the BOA granted
variances to allow a reduced house size (from 1,800-square feet to
1,691-square feet) and lot size (from 12,000-square feet to 9,800-
square feet) and denied the requests for a two-foot variance to the
side yard and the allowance for a one-car instead of a two-car
garage. A Minor Plat for this one lot, which included the existing
drainage easement along the north side of the lot and provided a
drainage/utility and sidewalk easement along the south side of the
lot, was approved by City Council. The home on this lot was
constructed in 2001, and per DCAD’s records, the living area of
the home is 1,969-square feet.
TRANSPORTATION:Kaye Street is a residential street, with 25 feet of right-of-way, which is
substandard for a residential street.
SURROUNDING LAND USE & ZONING:
North - Shadow Ridge Estates; PD-95-SF-9
South – Coppell Village (Hunterwood); PD-89-SF-7
East - Round Oak Estates; SF-9
West - Office/warehouse(Container Store); PD-186R5-LI
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
low density residential
DISCUSSION: Purpose/History
This rezoning activity was initiated after staff was approached by one of
the property owners on Kaye Street, who was considering replatting two
lots into three to allow the development of three new homes. Upon
discovery that the existing SF-12 zoning would not accommodate this
scenario due to the required minimum lot width of 85 feet, it was
determined that most of the existing lots along Kaye Street were not
compliant in terms of both lot width and house size. Instead of rezoning
two lots (spot zoning), it was determined to be appropriate to rezone the
entire street so that the existing homes and lots would be in compliance,
while allowing for the redevelopment at a similar density as currently
exists. The property owner then prepared and circulated a petition
Item # 4
Page 3 of 4
requesting this Called Public Hearing, which was signed by the owners of
20 of the 35 lots (57%) along Kaye Street.
As discussed in the HISTORY section of this report, this is one of the
oldest subdivisions in the City of Coppell and pre-dated the existing
Zoning and Subdivision regulations; therefore, the origin of the SF-12
zoning is unknown. It is assumed that when zoning was originally
established City-wide, all residential areas were zoned SF-12 as the
standard residential zoning district.
Existing Conditions
As detailed in the attached table of Lot and House Sizes, the existing lot
sizes range from approximately 6,900- to 29,490-square feet, with the typical
lot size being approximately 9,800-square feet (70 ft. x 140 ft.). There is also
a significant range in house sizes along this street. Per DCAD records, the
smallest house on this street is 672-square feet and the largest almost 3,400-
square feet, with an average house size of 1,377-square feet. As illustrated in
the Pictorial Survey of Existing Homes, the homes are a mixture of masonry
and frame, one and two-stories, with attached and detached garages. Some
of the structures appear to be built within feet (or inches) of the side property
lines and several are only set back 15-20 feet from the 25 foot right-of-way
for Kaye Street, which is also substandard for a residential street. Given the
overall non-compliance with SF-12 district regulations, a PD for SF-9 is
being proposed.
Proposed Planned Development
The purpose of this PD is threefold:
• to recognize the existing, legal structures and lot configurations as
conforming,
• to allow for improvements to the existing structures and construction of
new homes without requiring a series of variances from the SF-12
regulations from the Board of Adjustment, and
• to allow the redevelopment and replatting in accordance with the SF-9
district regulations, as modified herein.
The following is a comparison of the existing SF-12 and base SF-9 district
regulations:
Item # 4
Page 4 of 4
Regulation SF-12 SF-9
Minimum Lot Size 12,000-sq. ft. 9,000-sq. ft.
Minimum Lot Width 85 ft. 70 ft
Minimum Lot Depth 110 ft. 100 ft.
Minimum Front Yard 30 ft 25 ft.
Minimum Side Yard 10% of Lot width
(min. 8 ft.)
8 ft.
Minimum Rear Yard 20 ft. 20 ft.
Minimum Dwelling unit size 1,800 sq. ft. 1,600 sq. ft.
Maximum Building Height 35 ft (2.5 stories)
Maximum Lot Coverage 35%
The SF-9 district regulations are further modified to recognize the built
environment and are attached as PD conditions. In sum, the PD conditions
address regulations regarding the redevelopment of homes on existing lots,
additions to existing structures and the replatting and construction of new
homes along Kaye Street.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of a rezoning from SF-12 to PD-210-SF-9
(Planned Development-210, Single Family-9), subject to attached PD
conditions and exhibits.
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) PD conditions
2) Table of Lot and House Sizes
3) Exhibit of Existing Building Footprints
4) Aerial of Kaye Street/with Survey
5) Copy of petition
Page 1 of 2
05/23/05
PD-210-SF-9 SINGLE-FAMILY DISTRICT REGULATIONS
A. Use regulations.
A building or premise shall be used only for the following purposes:
1. Any use permitted in the "SF-ED", "SF-18" or the "SF-12" districts.
2. Home occupation.
3. Such uses as may be permitted under provisions of Special Use Permits,
Sections 12-30-5 and 12-30-6 of the Zoning Ordinance.
B. Maximum height regulations.
The maximum height regulations will be 35 feet nor more than two-and-one-half
stories high.
C. All existing legal residential structures and existing lots are deemed conforming.
Additions to the main structure will be permitted without platting the property as long
as the addition is compliant with the SF-9 regulations as herein specified, the addition
does not exceed a 50% increase over the existing and maximum lot coverage does not
exceed 35 percent.
D. Platting the property shall be required prior to the issuance of a building permit for
new home construction and additions, which exceed a 50% increase over the existing
floor area; however, the existing lot dimensions shall be deemed conforming.
E. Construction of new homes when the lots are being replatted shall adhere to the
regulations as set forth herein:
1. Minimum size of yards:
(A) Front yard: 25 feet.
(B) Side yard: Eight feet. A side yard adjacent to a side street: 15 feet.
Allowable non-residential uses: 25 feet.
(C) Rear yard: 20 feet.
2. Minimum size of lot:
(A) Lot area: 9,000-square feet.
(B) Lot width: 70 feet.
(C) Lot depth: 100 feet.
3. Minimum dwelling size: 1,600-square feet, exclusive of garages and
breezeways and porches.
4. Maximum lot coverage: 35 percent of the total lot area may be covered by the
combined area of the main buildings and accessory buildings.
5. Parking regulations.
(A) Two enclosed parking spaces per unit are required behind the front
yard line for all new homes.
(B) Garages may either be attached or detached from the main
structure.
Page 2 of 2
05/23/05
Type of exterior construction.
1. All structures in existence at the time of this ordinance shall be considered
conforming as to the masonry requirements.
2. All new residential construction and additions shall be as follows: at least 80
percent of the exterior walls of the first floor of all structures shall be of
masonry construction (see Section 12-42-1 of the Zoning Ordinance),
exclusive of doors, windows and the area above the top plate line. Each story
above the first floor of a straight wall structure shall be at least 80 percent
masonry, exclusive of doors, windows and the area above the top plate line.
F. Site Plans
1. The exhibit of Existing Building Footprints and the table of Lot and House
Sizes shall generally indicate the existing conditions within this PD. Unless
otherwise documented, these shall serve as the basis to determine the
requirements for building additions and platting.
2. Board of Adjustment has the authority to consider variances to the provisions
of this PD.
G. Platting
1. Properties must be platted in accordance with Section 12-39-1 of the Zoning
Ordinance prior to the issuance of a building permit for all new home
construction and expansions of existing homes, which exceeds 50% of the
existing floor area.
2. The plat, if involving four or less lots, and is in compliance with all
regulations herein, and the provisions of the Subdivision Ordinance, may be
approved administratively as a Minor Amending Plat, as provided for in
Section 212 of the Local Government Code.
3. All plats shall provide a minimum of a 10-foot sidewalk and utility easement
parallel and adjacent to Kaye Street.
H. Alleys
1. Alleys shall not be required.
I. Disasters
1. If a house is destroyed due to a natural disaster or fire, the homeowner may
elect to rebuild the home as it exists today without seeking any variances.
PD-210-SF-9
Kaye Street
Existing Conditions
Street
#Name Living
Area Lot Size Year
Built
412 COPPELL 1,835 29,490 1958
420 COPPELL 1,274 29,210 1954
300 KAYE 672 10,318 1960
301 KAYE 1,374 11,700 1956
304 KAYE 1,588 9,831 1958
308 KAYE 2,078 9,830 1935
309 KAYE 1,260 17,157 1965
312 KAYE 1,387 9,829 1965
313 KAYE 2,300 9,531 1965
316 KAYE 1,142 9,828 1965
317 KAYE 1,260 9,547 1948
320 KAYE 2,072 9,827 1986
321 KAYE 1,325 10,324 1955
324 KAYE 1,566 9,825 1960
325 KAYE 1,442 9,656 1965
328 KAYE 1,344 9,824 1955
329 KAYE 1,320 8,984 1955
332 KAYE 1,969 9,823 2001
333 KAYE 1,006 9,694 1955
336 KAYE 1,329 9,822 1953
337 KAYE 1,020 9,713 1955
340 KAYE 900 9,821 1958
341 KAYE 1,205 9,732 1956
400 KAYE 945 9,819 1955
401 KAYE 1,014 6,963 1955
404 KAYE 1,032 9,401 1970
405 KAYE 1,913 12,557 1955
409 KAYE 1,024 9,775 1940
412 KAYE 1,854 21,423 1958
413 KAYE 1,184 11,529 1955
416 KAYE 1,719 8,961 1986
417 KAYE 1,133 17,761 1958
420 KAYE 1,892 8,788 1965
421 KAYE 3,396 15,471 1955
426 KAYE 15,745
AVG 1,422
Lot and House Sizes
5/23/2005
c i t y o f c o p p e l lPLANNING DEPARTMENTCOPPELLROADExisting Building Footprints420 Coppell421 417 413 409 405 401 341 337 333 329325 321317 313 309 301300304308312316320324328332336340400404412416420426412 Coppell35 Lots, 34 homes
100 0 100 200 Feet
N
EW
S
CT
KAYE ST
COOPER LANE
SPANISH MOSS DRMOSSY OAKS ST412 426 420 416 412 404 400 340 336 332 328 324 320 316 312 308 304 300
301309313317321325329333337341401405409413417421420
SF-12
PD89-SF-7
PD-95-SF-9
SF-12
COPPELL RDKaye Street Rezoning
300 Kaye301 Kaye304 Kaye308 Kaye309 Kaye312 Kaye313 Kaye316 Kaye317 Kaye
320 Kaye 321 Kaye324 Kaye325 Kaye328 Kaye329 Kaye332 Kaye333 Kaye336 Kaye
337 Kaye340 Kaye341 Kaye400 Kaye401 Kaye404 Kaye405 Kaye 409 Kaye 412 Kaye
413 Kaye 416 Kaye 417 Kaye420 Kaye 421 Kaye 426 Kaye412 Coppell420 Coppell
DEPT: Planning
DATE: June 14, 2005
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1224-TC, Little Caesars Pizza, zoning change from TC (Town
Center) to S-1224-TC (Special Use Permit-1224-Town Center), to allow the operation of a 1,350-square-foot
restaurant, take-out only, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton
Tap Road; north of Town Center Blvd., 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 April 21, 2005, the Planning Commission approved this zoning change (4-3).
On May 10, 2005, Council approved this zoning change (6-1).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @2S-1224-TC, LCP ORD 1-AR
1 74507
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM “TC” (TOWN CENTER) TO “S-1224-TC”
(SPECIAL USE PERMIT–1224-TOWN CENTER) TO GRANT A SPECIAL
USE PERMIT TO ALLOW FOR THE OPERATION OF A 1,350-SQUARE-
FOOT RESTAURANT TO BE LOCATED AT 240 NORTH DENTON TAP
ROAD, VILLAGE AT TOWN CENTER, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, FLOOR PLAN AND SIGN PLAN, ATTACHED HERETO AS
EXHIBITS “B”, “C” AND “D”, RESPECTIVELY; PROVIDING FOR
SPECIAL CONDITIONS; 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. S-1224-TC 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 “TC” (Town Center) to “S-1224-TC”
(Special Use Permit-1223-Town Center) to grant a Special Use Permit for the operation of a 1,350-
square-foot restaurant to be located at 240 North Denton Tap Road, Village at Town Center, and being
more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes,
subject to special conditions.
2 74507
SECTION 2.That the Special Use Permit for a restaurant is hereby approved, subject to the
following special conditions:
(A) Hours of operation shall not exceed between 11 a.m. to 11 p.m., Sunday through
Thursday and 11 a.m. to 12 midnight Friday and Saturday.
(B) The site shall be developed in accordance with the approved Site Plan, Floor Plan, Sign
Plan and Sign Criteria, which are attached hereto as conditions to the use granted
herein.
SECTION 3.That the Site Plan, Floor Plan and Sign Plan,, attached hereto as Exhibits “B”,
“C” and "D", respectively, and made a part hereof for all purposes, are hereby approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances, except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
3 74507
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9.That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2005.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 5/24/05)
EXHIBIT “A”
LEGAL DESCRIPTION
Being a 1,350-square-foot lease space, located as indicated
on Exhibit “B”, on property more particularly described as Lot
2, Block 3 of the Town Center Addition, being an addition to
the City of Coppell, Dallas County, and known as 240 North
Denton Tap Road, Coppell, Texas
Little Caesar’s
240 N. Denton Tap Rd.
Coppell, TX
0503-079r2p1
05-13-05
R. Hayner
(1) 20amp 120v circuit required
N.T.S.
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
N/A
Rick Sutton
WEST (FRONT) ELEVATION
N.T.S.
18’-0” Storefront
14380
1’-6” x 11’-9”= 17.63 9’-0” WINDOWSOPEN
(As Shown)
2.6 + 15.0= 17.6
12’-0”18 ½”LETTERLOK CHANNEL LETTERS- TWO SETS REQUIRED
SCALE:3/4”= 1'-0"
0503-079r2p2
R. Hayner
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
N/A
Rick Sutton
Little Caesar’s
240 N. Denton Tap Rd.
Coppell, TX 14380
WALL
A
C
D
E
F
G
H
J
K
L
M
P
Q
B
O
I
SECTION
N.T.S.
5” .040 ALUM. RETURN PREFINISHED BLACK
1” BLACK JEWELITE TRIM
NON-CORROSIVE MOUNTING SCREW IN ANCHOR
30MA TRANSFORMER
FLEXIBLE CONDUIT
WESTRIM INSULATING END CAP/BOOT
VINYL GRAPHICS APPLIED 1st SURFACE (SEE LIST FOR COLORS)
STD. GLASS TUBE SUPPORT
FLEXIBLE CONDUIT CONNECTOR
3” x 8” ALUM. WIREWAY PTD. SPRAYLAT #440 BRICK RED
METAL TRANSFORMER CONTAINMENT BOX LOCATED BEHIND WALL
15MM 6500 WHITE NEON
.063 ALUM. BACK- INTERIOR PTD. REFLECTIVE WHITE
LETTERLOK CHANNEL LETTERS WITH REMOTE TRANSFORMERS
HI-FLEX MAX GTO-15 WIRE
A
C
E
G
K
M
O
P
L
J
H
F
D
B
I
WEEP HOLES FOR DRAINAGEQ
1 /8” #7328 WHITE ACRYLIC FACE w/ APPLIED BLACK & #44 ORANGE VINYL
20 ½”
2.6 SQ. FT.
9’-8 ½”
15.0 SQ. FT.
05-13-05
(As Shown)
NEON SIGN
SCALE: ¾"= 1'-0”
R. Hayner
N/A
Rick Sutton
N/A
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
A
C
E
G
H
F
D
B
I
SIGN
12
121
2
NEON COLORS
3” CLEAR ACRYLIC RETURN
CHAIN & MOUNTING HARDWARE
30MA TRANSFORMER
PLASTIC TUBE SUPPORT
HI-FLEX MAX GTO-15 WIRE
METAL TRANSFORMER CONTAINMENT BOX LOCATED ABOVE CEILING
30MA NEON (SEE LIST FOR COLORS & SIZES)
3/16” CLEAR ACRYLIC BACK
WESTRIM INSULATING END CAP/BOOT
6500 WHITE
TANGERINE
A
B
C
D
E
F
G
H
I
3’-3”3’-3”1
2
3’-5”
0503-079r2p3
SECTION
N.T.S.
3’-5” V.O.
3’-3”1’-1”8 ½”Little Caesar’s
240 N. Denton Tap Rd.
Coppell, TX 14380
NEON SIGN
SCALE: ¾"= 1'-0”
05-13-05
10.56 SQ. FT.
3.5 SQ. FT.
OPEN
21
DEPT: Planning
DATE: June 14, 2005
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-194R3-LI, Amberpoint Business Park, Lot 2R, Block A,
zoning change from PD-194R2-LI, (Planned Development-194 Revision 2-Light Industrial) to PD-194R3-LI
(Planned Development-194 Revision 3-Light Industrial) to amend the Planned Development to attach a Detail Site
Plan to allow the development of three office/warehouse buildings, totaling approximately 714,010-square feet, on
64.3 acres of property located along the south side of Sandy Lake Road, between Freeport Parkway and Northpoint
Drive, 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 April 21, 2005, the Planning Commission unanimously approved this zoning change (7-0).
On May 10, 2005, Council approved this zoning change (6-1) with Councilmember Tunnell voting in opposition.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @3PD-194R3-LI, ORD 1-AR
1 74745
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-194R2-LI, (PLANNED
DEVELOPMENT-194 REVISION 2-LIGHT INDUSTRIAL) TO PD-194R3-
LI (PLANNED DEVELOPMENT-194 REVISION 3-LIGHT INDUSTRIAL)
TO AMEND THE PLANNED DEVELOPMENT TO ATTACH A DETAIL
SITE PLAN TO ALLOW THE DEVELOPMENT OF THREE
OFFICE/WAREHOUSE BUILDINGS, TOTALING APPROXIMATELY
714,010-SQUARE FEET, ON 64.3 ACRES OF PROPERTY LOCATED
ALONG THE SOUTH SIDE OF SANDY LAKE ROAD, BETWEEN
FREEPORT PARKWAY AND NORTHPOINT DRIVE, BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO,
AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING
FOR DEVELOPMENT STANDARDS; PROVIDING FOR THE APPROVAL
OF THE DETAIL SITE PLAN, TREE SURVEY AND LANDSCAPE PLAN,
AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, AND
D”, 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-194R3-
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 PD-194R2-LI, (Planned
Development-194 Revision 2-Light Industrial) to PD-194R3-LI (Planned Development-194
2 74745
Revision 3-Light Industrial) to amend the Planned Development to attach a Detail Site Plan to
allow the development of three office/warehouse buildings, totaling approximately 714,010-
square feet, on 64.3 acres of property located along the south side of Sandy Lake Road, between
Freeport Parkway and Northpoint Drive, being more particularly described in Exhibit “A”,
attached hereto and incorporated herein for all purposes.
SECTION 2.This Planned Development shall be developed and used only in accordance
with the development standards, which are as follows:
(A) Except as amended herein, the property shall be developed in accordance with
Ordinance 91500-A-345, which is incorporated herein as set forth in full and hereby
republished.
(B) The south entry way onto Freeport Parkway, as depicted on Exhibit “B” attached
hereto, will not be used until Freeport Parkway is improved from Sandy Lake Road to
Ruby Road, and a barricade shall be erected and maintained until such time.
(C) Once Freeport Parkway is improved from Sandy Lake Road to Ruby Road, a tie-in to
this street shall be permitted, subject to the placement of 8.5 to 9 foot-tall headache
bar over this driveway.
SECTION 3.That the Site Plan, Tree Survey and Landscape Plan and Elevations, attached
hereto as Exhibits “B,” “C,” and “D”, respectively, and made a part hereof for all purposes, are
hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
3 74745
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8.That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
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 04/26/05)
DEPT: City Secretary Department
DATE: June 14, 2005
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION: Consider appointment to fill a vacancy on the Coppell Education Development Corporation,
term to expire October 2005.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %apptcedc
DEPT: City Secretary
DATE: June 14, 2005
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION:
Consider appointments to Council Committees.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %committees
DATE: June 14, 2005
ITEM #: 18
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: June 14, 2005
ITEM #: 19
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Project Graduation.
C. Report by Mayor Stover regarding Council Retreat.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: June 14, 2005
ITEM #: 20
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: June 14, 2005
Department Submissions:
Item No. 8/E was placed on the Agenda for the above-referenced City
Council meeting by the Parks and Recreation Department. I have
reviewed the Agenda Request (and any backup if applicable) and hereby
submit this item to the City Council for consideration.
____________________
Parks and Recreation Department
Item No. 8/D was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Engineering Department
Item Nos. 8/F, 8/G, 13, 14 and 15 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