CP 2005-09-13
NOTICE OF CITY COUNCIL MEETING AND AGENDA
SEPTEMBER 13, 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 5:30 p.m. Council Chambers (Open to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, September 13, 2005, at 5:30 p.m. for
Work Session and Regular Session will begin at 7:00 p.m., to be held at Town
Center, 255 Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell 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.
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ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Visit by Representative Jim Jackson.
B. Discussion of appointments to the City’s Boards, Commissions and
Committees.
C. Discuss and Review of HB 87 and it’s impact on Coppell.
D. Discussion regarding construction of a sound barrier wall at William
T. Cozby Public Library.
E. Discussion regarding date for Special Council Meeting to canvass
the September 10th Election results.
F. Review of Sign Zones.
G. 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)
3. Convene Regular Session.
4. Invocation.
5. Pledge of Allegiance.
6. Citizens' Appearances.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 9, 2005 (amended)
August 23, 2005
August 30, 2005
September 6, 2005.
B. Consider accepting the resignation of Jennifer Jackson from the
Library Board, term to expire October 2006.
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ITEM # ITEM DESCRIPTION
C. Consider approval of an ordinance to amend the Land Use
Assumptions and the Capital Improvement Plan for Water,
Wastewater and Roadway Facilities by amending the City of
Coppell Code of Ordinances, Chapter 17, Impact Fees; and
authorizing the Mayor to sign.
D. Consider approval of the annual review of the written Investment
Policy of the City of Coppell as provided by the Public Funds
Investment Act, Chapter 2256, Texas Government Code.
E. Consider approval of a contract for the renewal of the Dallas
County Health Services Agreement, effective October 1, 2005,
through September 30, 2006, in the amount of $3,131.00, and
authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. PD-108R6-H,
Historic Coppell Properties, Ltd., zoning change from PD-108-H and
H (Planned Development-108-Historic and Historic) to PD-108R6-H
(Planned Development-106 Revision 6-Historic), to amend the
Planned Development and attach a Detail Site Plan to allow the
development of two medical and office buildings totaling 33,108-
square feet on approximately 3.3 acres of property located along
the south side of Bethel Road, approximately 185 feet east of
Coppell Road, and authorizing the Mayor to sign.
END OF CONSENT
8. Consider approval of an Ordinance approving and adopting the budget
for the City of Coppell for the Fiscal Year of October 1, 2005 through
September 30, 2006, and authorizing the Mayor to sign.
9. Consider approval of an Ordinance of the City of Coppell, Texas levying
the ad valorem taxes for the year 2005 at .6486/$100 taxable valuation of
which .45645 for operations and maintenance and .19215 for interest and
sinking, and authorizing the Mayor to sign.
10. Consider appointments to the City’s Boards, Commissions and
Committees.
11. 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
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ITEM # ITEM DESCRIPTION
property owned by LIT Industrial Texas Limited Partnership, described as
Block 1, Lot 1 of the West Sandy Lake Road Addition (31.57 acres) and
located at the northeast corner of Sandy Lake Road and S.H. 121.
12. Consider approval of an Ordinance designating LIT Industrial Texas Limited
Partnership, Reinvestment Zone No. 45, and authorizing the Mayor to sign.
13. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and LIT Industrial Texas Limited
Partnership, and authorizing the Mayor to sign.
14. PUBLIC HEARING:
Consider approval of Case No. PD-186R7-LI, Duke-Freeport, zoning
change request from PD-186R2-LI (Planned Development-186 Revision 2-
Light Industrial) to PD-186R7-LI (Planned Development-186 Revision 7-Light
Industrial), to amend the Planned Development to attach a Detail Site
Plan to allow the construction of a 142,247-square-foot building on Lot
2R1, Block A, and a 93,345-square-foot building on Lot 2R2, Block A,
totaling 16.51 acres of property located at the northwest corner of
Freeport Parkway and Bethel Road.
15. PUBLIC HEARING:
Consider approval of the Duke-Freeport Addition, Lots 2R1&2R2, Block A,
Replat, being a replat of the remaining portion of the original Lot 2, Block
A, into Lots 2R1&2R2, totaling 16.51 acres of property located at the
northwest corner of Freeport Parkway and Bethel Road.
16. PUBLIC HEARING:
Consider approval of the Parkwest Commerce Center, Lots 2R&3, Block 5,
Replat, being a replat of Lot 2, Block 5, containing 14.84 acres of property
located at the northwest corner of Beltline Road and Wrangler Drive, to
allow the sale of the undeveloped portion of this lot.
17. Consider approval of the Vaughan Addition, Lot 1, Block A, Site Plan, to
allow the construction of an approximate 220-square-foot porch in front of
the existing structure and the addition of four parking spaces at 412 Bethel
Road, located on 1.28 acres of property along the north side of Bethel
Road, approximately 170’ east of Mitchell Road.
18. Consider approval of the Vaughan Addition, Lot 1, Block A, Minor Plat, to
allow the construction of an approximate 220-square-foot porch in front of
the existing structure and the addition of four parking spaces at 412 Bethel
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ITEM # ITEM DESCRIPTION
Road, located on 1.28 acres of property, along the north side of Bethel
Road, approximately 170’ east of Mitchell Road.
19. PUBLIC HEARING:
Consider approval of amending the Land Use Plan of the 1996
Comprehensive Master Plan from Neighborhood Retail to Historic on 3.2
acres of property along the south side of Bethel Road, east of Freeport
Parkway and a zoning change for Case No. ZC-618(CH), including PD-211-
S-1226, Hard Eight Pit Bar-B-Q Restaurant, with Private Club, from R (Retail) to
H (Historic), to expand and incorporate 3.2 acres of property along the
south side of Bethel Road, east of Freeport Parkway into the designated
Historic district.
20. PUBLIC HEARING:
Consider approval of a text change amendment to delete Article 26,
Sections 12-26-0 through 12-26-7, HI (Heavy Industrial) district and any
other reference in Chapter 12, Zoning, of the Code of Ordinances.
21. PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zoning, of the
Code of Ordinances, Article 30, Sections 12-30-4, A (Agricultural) district;
12-30-5, SF-ED (Single Family Estate District); and 12-30-12, LI (Light
Industrial) district, to require a Special Use Permit for a temporary batch
plant maintained in excess of one hundred and eighty (180) days.
22. Necessary action resulting from Work Session.
23. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Hurricane Katrina Relief Efforts.
C. Report by Mayor Stover regarding Half-cent Sales Tax Election.
D. Report by Mayor Pro Tem Brancheau regarding Grapevine
Stompfest Contest.
24. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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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 9th day of September, 2005, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting
in the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
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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: September 13, 2005
ITEM #:WS-2
AGENDA REQUEST FORM
WORK SESSION
A. Visit by Representative Jim Jackson.
B. Discussion of appointments to the City’s Boards, Commissions and
Committees.
C. Discuss and Review of HB 87 and it’s impact on Coppell.
D. Discussion regarding construction of a sound barrier wall at William T. Cozby
Public Library.
E. Discussion regarding date for Special Council Meeting to canvass the
September 10th Election results.
F. Review of Sign Zones.
G. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: September 13, 2005
REF:Work Session / Discussion and review of House Bill 87
On July 12, 2005, City Council was briefed on House Bill 87 and how it would impact streets
within the City of Coppell. House Bill 87 has several requirements for implementation that
include: 1) a street has to be 35 feet or less in width; 2) vehicular parking has to be allowed on
one or both sides of the street; and 3) the street has to be less than 4 lanes in width.
If those criteria are met, then a governing body can set a prima facie speed of 25 mph. Each
street within the City of Coppell has been reviewed and a total of 468 streets have been identified
as meeting the guidelines of House Bill 87. The streets under consideration for 25 mph are
typical 28-foot residential streets.
We anticipate approximately 900 speed limit signs will be needed to properly sign the residential
streets. Currently, there are about 200 signs on residential streets. The cost to reface the existing
signs and install additional signs will be approximately $50,000 to $55,000.
Our goal is to systematically work through subdivisions and replace approximately 100 signs per
month, with a target completion date of June 2006. Even if the ordinance changing the speed
limit from 30 mph to 25 mph is approved by City Council, the speed is not enforceable until such
time as the governing body erects signs giving notice of the new speed limit.
At the City Council worksession, a list will be provided showing all streets currently under
consideration for reduction of speed from 30 mph to 25 mph.
DATE: September 13, 2005
ITEM #: 6
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: September 13, 2005
ITEM #: 7/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: August 9, 2005 (amended)
August 23, 2005
August 30, 2005
September 6, 2005
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
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MINUTES OF AUGUST 9, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 9, 2005, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
ITEM # ITEM DESCRIPTION
1. Call to order.
Councilmember Hinojosa-Flores arrived before Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. 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.
B. Section 551.072, Texas Government Code – Deliberation
regarding Real Property.
1. Sale of land south of Bethel Road and east of
Freeport Parkway.
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Mayor Stover convened into Executive Session at 5:49 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 6:28 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding proposed Conceptual Master Plan for
the Town Center Plaza.
B. Discussion regarding Electrovote for Council Chambers.
C. Discussion of Agenda Items.
Recess 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.
Councilmember Hinojosa-Flores led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
Nyla Kennard, 469 Shadowcrest Lane, spoke regarding the 379A Sales
Tax Election.
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CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 7, 2005
July 26, 2005
July 28, 2005
B. Consider accepting the resignation of Matt Hall from the
Economic Development Foundation, term to expire
August 2006.
C. Consider approval of an Ordinance amending the Coppell
Code of Ordinances by amending Section 5-2-4 of Chapter
5, Municipal Court Technology Fund, to repeal Section (F)
which provided for the fund to expire on September 1,
2005, and authorizing the Mayor to sign.
D. Consider approval of the certification of the 2005
anticipated collection rate for the period of July 1, 2005,
through June 30, 2006, and the amount of excess debt
collections during the period of July 1, 2004, and June
30, 2005.
E. Consider approval of an Ordinance for Case No. PD-203R-
R, Nationwide Insurance, zoning change from PD-203-R
(Planned Development-203-Retail) to PD-203R-R (Planned
Development-203 Revised-Retail) to amend the Planned
Development to allow the construction of a 3,028-square-
foot office building on 0.42 of an acre of property located
at the southwest corner of Sandy Lake and Moore Roads,
and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. PD-205R-
HC, Vista Ridge Addition, Lots 1BR-8X, Block D (The
Plaza), zoning change from PD-205-HC (Planned
Development-205-Highway Commercial) to PD-205R-HC
(Planned Development-205 Revised-Highway
Commercial), to amend the Planned Development to
revise the Detail Site Plan to allow: a decrease in the
number of buildings from 6 to 5 and number of parking
spaces; an increase in the size of the total square footage
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from approximately 62,600-square feet to approximately
74,300-square feet, a modification of usage and revisions
to the elevations for the proposed one- and two-story
general and medical office buildings on 7.77 acres of
property located along the north side of S.H. 121,
approximately 670 feet east of Denton Tap Road, and
authorizing the Mayor to sign.
G. Consider approval of an Ordinance for Case No. S-1036-
LI(CH), Gifford Hill Plant #4 (Southern Star Concrete),
zoning change from the base zoning of HI (Heavy
Industrial) to LI (Light Industrial) for S-1036 (Special Use
Permit-1036) and allowing for the retention of the
existing concrete batch plant on 5.5 acres of property
located at 601 S.H. 121, west of Ace Lane, and
authorizing the Mayor to sign.
H. Consider approval of an Ordinance for Case No. S-1225-LI,
Osburn Contractors, zoning change from LI (Light
Industrial) to S-1225-LI (Special Use Permit-1225-Light
Industrial), to allow the operation of a temporary
concrete batch plant for a time period not to exceed nine
(9) months on 16 acres of property located at the
northwest corner of Beltline Road and Airline Drive (Park
West Commerce Center, Lot 2R-3, Block 2), and
authorizing the Mayor to sign.
Action:
Councilmember Peters moved to approve Consent Agenda Items A, B, C
carrying Ordinance No. 2005-1104, D, E carrying Ordinance No. 91500-
A-414, F carrying Ordinance No. 91500-A-415, G carrying Ordinance No.
91500-A-416 and H carrying Ordinance No. 91500-A-417.
Councilmember York seconded the motion, the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
9. Consider approval of a proposal to maintain a tax rate of .6486
for the 2005 tax year and to set the Public Hearings on the
proposed tax rate for the next regularly scheduled Council
Meeting on August 23, 2005 at 7:00 p.m., and at a special
called Council Meeting on August 30, 2005 at 6:00 p.m.
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Presentation:
Jim Witt, City Manager, made a presentation to Council.
Action:
Councilmember Faught moved to approve a proposal to maintain a tax
rate of .6486 for the 2005 tax year and to set the Public Hearings on the
proposed tax rate for the next regularly scheduled Council Meeting on
August 23, 2005 at 7:00 p.m., and at a special called Council Meeting on
August 30, 2005 at 6:00 p.m. Councilmember Suhy seconded the
motion, the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD-211-S-1226-R, Hard Eight Pit
Bar-B-Q Restaurant with Private Club, zoning change from R
(Retail) to PD-211-S-1226-R (Planned Development-211-Special
Use Permit-1226-Retail), to attach a Detail Site Plan to allow
the development of an approximate 14,205-square-foot
restaurant and private club, with outdoor seating and cooking
areas, on 1.9 acres of property located along the south side of
Bethel Road, east of Freeport Parkway.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
Council.
Jack Evans, Pacheco Koch Consulting Engineers, 8350 N. Central
Expressway, Suite 1000, Dallas, Texas, made a presentation to Council.
Phillip Nivens, Owner, Stephenville, Texas, stated he was available to
answer any questions.
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Action:
Councilmember York moved to close the Public Hearing and approve
Case No. PD-211-S-1226-R, Hard Eight Pit Bar-B-Q Restaurant with
Private Club, zoning change from R (Retail) to PD-211-S-1226-R (Planned
Development-211-Special Use Permit-1226-Retail), to attach a Detail Site
Plan to allow the development of an approximate 14,205-square-foot
restaurant and private club, with outdoor seating and cooking areas, on
1.9 acres of property located along the south side of Bethel Road, east of
Freeport Parkway, subject to the following conditions:
1. A minimum of 101 parking spaces shall be provided, with
minimum dimensions of 9’ by 18’, where not abutting
landscaping or a sidewalk.
2. The building and paving areas may encroach into the
perimeter landscape areas on the north and east side of the
property.
3. Non-vehicular landscaping may be a minimum of 10%.
4. Minimum front yard building setback shall be 6’ from Bethel
Road right-of-way.
5. The trees on the south end of the property shall be phased to
allow the drainage improvements prior to planting.
6. Operational hours shall not exceed 10:30 a.m. – 1:00 a.m.
seven days a week, with any outdoor entertainment to stop
at midnight.
7. A Tree Removal Permit will be required prior to the removal
of any trees from this site.
Action:
Councilmember Tunnell moved to divide the question on Condition 6.
Councilmember Peters seconded the motion, the motion carried 6-1 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and Suhy voting in favor of the motion and
Councilmember York voting against dividing the question on Condition 6.
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Action:
Councilmember York moved to close the Public Hearing and approve
Case No. PD-211-S-1226-R, Hard Eight Pit Bar-B-Q Restaurant with
Private Club, zoning change from R (Retail) to PD-211-S-1226-R (Planned
Development-211-Special Use Permit-1226-Retail), to attach a Detail Site
Plan to allow the development of an approximate 14,205-square-foot
restaurant and private club, with outdoor seating and cooking areas, on
1.9 acres of property located along the south side of Bethel Road, east of
Freeport Parkway, subject to the following conditions:
1. A minimum of 101 parking spaces shall be provided, with
minimum dimensions of 9’ by 18’, where not abutting
landscaping or a sidewalk.
2. The building and paving areas may encroach into the
perimeter landscape areas on the north and east side of the
property.
3. Non-vehicular landscaping may be a minimum of 10%.
4. Minimum front yard building setback shall be 6’ from Bethel
Road right-of-way.
5. The trees on the south end of the property shall be phased to
allow the drainage improvements prior to planting.
7. A Tree Removal Permit will be required prior to the removal
of any trees from this site.
Councilmember Suhy seconded the motion, the motion carried 7-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
Action:
Councilmember York moved to approve Condition 6 which states that the
Operational hours shall not exceed 10:30 a.m. – 1:00 a.m. seven days a
week, with any outdoor entertainment to stop at midnight.
Councilmember Suhy seconded the motion, the motion carried 5-2 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Suhy and York voting in favor of the motion with Councilmembers
Tunnell and Faught voting against the motion.
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11. PUBLIC HEARING:
Consider approval of the Crescent Addition, Lot 1, Block A,
Minor Plat and Replat, being a partial Minor Plat of 0.99 of an
acre tract and a Replat of Lot 5 of the Coppell Commerce
Center, Phase 1, to allow the development of an approximate
14,205-square-foot restaurant and private club, with outdoor
seating and cooking areas, on 1.9 acres of property located
along the south side of Bethel Road, east of Freeport Parkway.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
Council.
Action:
Councilmember York moved to close the Public Hearing and approve the
Crescent Addition, Lot 1, Block A, Minor Plat and Replat, being a partial
Minor Plat of 0.99 of an acre tract and a Replat of Lot 5 of the Coppell
Commerce Center, Phase 1, to allow the development of an approximate
14,205-square-foot restaurant and private club, with outdoor seating
and cooking areas, on 1.9 acres of property located along the south side
of Bethel Road, east of Freeport Parkway, subject to the following
conditions:
1. Compliance with the Engineering comments.
Grading & Drainage Plan –
1. Show the proposed 5’ x 10’ box culverts to be
constructed with the Bethel Rd. reconstruction project.
Those boxes should be in place before permanent
paving is constructed over the top of where they will
go.
Water and Sanitary Sewer Plan –
2. Provide a looped fire line with appropriately spaced fire
hydrants throughout the site. The size of the building
requires it to be sprinkled. Coordinate that with the
Fire Marshal.
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3. All crossings of Bethel Rd. should be done by means
other than open cut. The 16” waterline in Bethel Rd.
is concrete cylinder pipe. You may want to only tap it
once with a larger line size.
Councilmember Tunnell seconded the motion, the motion carried 7-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught, Suhy and York voting in favor of the motion.
12. Consider approval of a one-year extension to the expiration
date of the MacArthur Vista Center, Lot 1, Block A, Site Plan,
to allow the development of an approximate 10,048-square-foot
office/retail/medical building on 1.409 acres of property
located along the east side of MacArthur Blvd., south of Denton
Creek.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
Council.
Alen Hinckley, 12201 Merit Drive, Dallas, Texas, 75251, Applicant,
addressed Council.
There was a call for an Executive Session at this time.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
Mayor Stover convened into Executive Session at 8:20 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 8:26 p.m. and opened the Regular Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Peters moved to approve a six-month extension (extend
to June 10, 2006 from the original December 10, 2005 expiration date) to
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the expiration date of the MacArthur Vista Center, Lot 1, Block A, Site
Plan, to allow the development of an approximate 10,048-square-foot
office/retail/medical building on 1.409 acres of property located along
the east side of MacArthur Blvd., south of Denton Creek, subject to the
following condition:
1. The applicant maintain the property in accordance with City
Ordinances.
Councilmember Suhy seconded the motion, the motion carried 6-1 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Faught, Suhy and York voting in favor of the motion and Councilmember
Tunnell voting against the motion.
13. Consider approval to authorize Harrison Walker & Harper to
proceed with renovations for Fire Station #03 in the amount
not to exceed $196,144.00, as designated.
Presentation:
Chief Bobby Halton made a presentation to Council.
Action:
Councilmember Tunnell moved to approve authorizing Harrison Walker
& Harper to proceed with renovations for Fire Station #03 in the amount
not to exceed $196,144.00, as designated. Councilmember Peters
seconded the motion, the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
14. Consider approval of an Ordinance of the City of Coppell,
Texas, adopting the National Incident Management System
(NIMS) as the standard for incident management by the City of
Coppell, and authorizing the Mayor to sign.
Presentation:
Chief Bobby Halton made a presentation to Council.
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Action:
Councilmember Peters moved to approve Ordinance No. 2005-1105
adopting the National Incident Management System (NIMS) as the
standard for incident management by the City of Coppell, and
authorizing the Mayor to sign. Councilmember Suhy seconded the
motion, the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
Mayor Pro Tem Brancheau returned to Council Chambers at this time.
15. Consider approval of a license agreement between the City of
Coppell and Texas New Mexico Power Company, a Texas
Corporation, its successors and assigns for the use of right-of-
way to erect, maintain and operate facilities; and authorizing
the City Manager to sign.
Mayor Pro Tem Brancheau having filed with the City Secretary a Conflict
of Interest Affidavit regarding Item 15, left Council Chambers at this
point.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to Council.
Action:
Councilmember York moved to approve a license agreement between the
City of Coppell and Texas New Mexico Power Company, a Texas
Corporation, its successors and assigns for the use of right-of-way to
erect, maintain and operate facilities; and authorizing the City Manager
to sign. Councilmember Peters seconded the motion, the motion carried
6-0-1 with Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught,
Suhy and York voting in favor of the motion and Mayor Pro Tem
Brancheau abstaining from voting on the motion.
Mayor Pro Tem Brancheau returned to Council Chambers at this time.
The Work Session was reconvened at this time.
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WORK SESSION (Open to the Public)
Convene Work Session
A. Discussion regarding proposed Conceptual Master Plan for
the Town Center Plaza.
B. Discussion regarding Electrovote for Council Chambers.
C. Discussion of Agenda Items.
Adjourn Work Session.
The Executive Session was reconvened at this time.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. 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.
B. Section 551.072, Texas Government Code – Deliberation
regarding Real Property.
1. Sale of land south of Bethel Road and east of
Freeport Parkway.
Mayor Stover reconvened into Executive Session at 8:55 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 10:23 p.m. and opened the Regular Session.
REGULAR SESSION (Open to the Public)
16. Necessary action resulting from Work Session.
There was no action necessary on this item.
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City Secretary
17. Necessary Action Resulting from Executive Session.
There was no action necessary on this item.
There being no further business to come before the City Council, the meeting
was adjourned.
_____________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________________________
Libby Ball,
CM082305
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MINUTES OF AUGUST 23, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 23, 2005, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
ITEM # ITEM DESCRIPTION
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
Councilmember Hinojosa-Flores arrived during Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session pursuant to:
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. 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.
B. Section 551.087 – Texas Government Code –Deliberation
regarding Economic Development Negotiations.
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1. Discuss and deliberate proposed offer(s) of incentive
for two business prospects that seek to locate in the
City of Coppell.
C. Section 551.072, Texas Government Code – Deliberation
regarding Real Property.
1. Sale of land south of Bethel Road and east of
Freeport Parkway.
Mayor Stover convened into Executive Session at 5:43 p.m. as allowed
under the above-stated article. Item 2B was discussed at this time.
Mayor Stover recessed the Executive Session at 6:24 p.m. and opened
the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Review of Impact Fee Ordinance.
B. Discussion regarding sound wall at the Library.
C. Discussion of Agenda Items.
Items 3A and 3C were discussed at this time. The Work Session was
recessed at this time.
Council recessed the meeting at this time to attend the Memorial Service for
former Councilmember John Nelson.
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.
Council reconvened at this time.
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5. Invocation.
Councilmember Bill York led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
Kailiang Jia, 566 Shadowcrest Lane, invited everyone to a charity concert
to benefit orphans in China.
David Kang, 2854 Hilldale Drive, spoke regarding China persecuting
bilingual persons.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 9, 2005.
B. Consider approval of resolution authorizing the City of
Coppell to enter into Amendment 01 to an Interlocal
Cooperation Agreement for Operation and Maintenance of
Traffic Signals between Texas Department of
Transportation, the City of Irving and the City of Coppell
as approved by City Council on June 26, 2001 to include
maintenance of the proposed traffic signal at Freeport
Parkway and IH 635; and authorizing the City Manager to
execute all necessary documents associated with the
amendment; and authorizing the Mayor to sign.
C. Consider approval of awarding Bid # Q-0705-01 for the
purchase of water meters in the following manner: Series
#100 to Master Meter, Inc., Series #400 to Badger Meter,
Inc., and Series #300 and #500 to American Utility
Solutions Co., in a combined total of $169,894.40; as
budgeted.
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D. Consider accepting the resignation of Bruce Akerly from
the Parks and Recreation Board, term to expire October
2006.
E. Consider accepting the resignation of Shelia Bester from
the Keep Coppell Beautiful Committee, term to expire
October 2006.
F. Consider accepting the resignation of Patricia Nash from
the American Red Cross, term to expire October 2006.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
carrying Resolution No. 2005-0823.1, C, D, E and F. Councilmember
Hinojosa-Flores seconded the motion, the motion carried 7-0 with Mayor
Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
9. Consider approval of an Ordinance of the City of Coppell,
Texas, approving an amendment to Ordinance No. 2004-1082,
the budget for Fiscal Year October 1, 2004 through September
30, 2005, and authorizing the Mayor to sign.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to Council.
Action:
Councilmember Suhy moved to approve Ordinance No. 2005-1106
approving an amendment to Ordinance No. 2004-1082, the budget for
Fiscal Year October 1, 2004 through September 30, 2005, and
authorizing the Mayor to sign. Councilmember Faught seconded the
motion, the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
10. PUBLIC HEARING:
To receive public comment concerning the Proposed 2005-
2006 Municipal Budget.
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Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to Council.
Jim Witt, City Manager, made a presentation to Council.
Action:
Councilmember York moved to close the Public Hearing. Councilmember
Suhy seconded the motion, the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
11. PUBLIC HEARING:
To receive public comment concerning the proposed 2005-
2006 tax rate of 0.6486.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to Council.
Action:
Councilmember York moved to close the Public Hearing. Councilmember
Tunnell seconded the motion, the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
12. Consider appointment to fill the unexpired term of Matt Hall
on the Economic Development Foundation, term to expire July
2006.
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Presentation:
Jim Witt, City Manager, made a presentation to Council.
Action:
Councilmember Peters moved to appoint Marvin Franklin to fill the
unexpired term of Matt Hall on the Economic Development Foundation,
term to expire July 2006. Mayor Pro Tem Brancheau seconded the
motion, the motion carried 7-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and
York voting in favor of the motion.
13. PUBLIC HEARING:
Consider the amendment of: Land Use Assumptions; the
Capital Improvement Plan for Water, Wastewater and Roadway
Facilities; and to consider the imposition of Water, Wastewater
and Roadway Impact Fees.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to Council.
Action:
Councilmember York moved to close the Public Hearing and approve the
amendment of Land Use Assumptions; the Capital Improvement Plan for
Water, Wastewater and Roadway Facilities; and to consider the
imposition of Water, Wastewater and Roadway Impact Fees. Mayor Pro
Tem Brancheau seconded the motion, the motion carried 7-0 with Mayor
Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught, Suhy and York voting in favor of the motion.
14. City Manager's Report.
A. Update on the status of City of Coppell vs. 300 W. Sandy
Lake Road.
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A. Jim Witt, City Manager, updated Council on the status of the City
of Coppell vs. 300 W. Sandy Lake Road lawsuit.
15. Mayor and Council Reports.
A. Report by Mayor Stover regarding the September 10,
2005 half-cent sales tax election.
B. Report by Mayor Stover regarding Congressman Kenny
Marchant’s Town Hall meeting.
C. Report by Mayor Stover regarding the August 24, 2005
Chamber Luncheon announcement.
D. Report by Mayor Stover regarding DFW Airport Board.
E. Report by Mayor Stover regarding the special recognition
event at the September 2, 2005 Coppell High School
football game.
A. Mayor Stover reminded everyone to vote in the September 10, 2005
half-cent sales tax election.
B. Mayor Stover reported on Congressman Kenny Marchant’s Town
Hall Meeting that was held on Saturday, August 13, 2005.
C. Mayor Stover announced that the Chamber of Commerce luncheon
will start at 11:30 a.m. Wednesday, August 24, 2005. The
speakers for the meeting are Senator Florence Shapiro,
Representative Linda Harper Brown and Senator Chris Harris.
D. Mayor Stover thanked Councilmember Peters for her service on the
DFW Airport Board.
E. Mayor Stover announced that at an upcoming Coppell High School
football game there will be special recognition for a former Coppell
High School graduate who was a football captain and soldier in
Iraq.
16. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and
Councilmember Peters.
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D. Dallas Regional Mobility Coalition - Councilmember
Peters.
E. Economic Development Committee - Councilmembers
Suhy and York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember
Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-
Flores.
I. Metrocrest Social Service Center - Councilmember
Brancheau.
J. North Texas Council of Governments - Councilmember
Tunnell.
K. NTCOG/Regional Emergency Management -
Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
N. Town Center/Architectural Committee - Councilmember
Hinojosa-Flores.
A. There was nothing to report on this item.
B. Councilmember Faught made the following announcements:
1) School has started in Coppell Independent School District with
over 10,000 students (approximately 4,700 in elementary
school, approximately 2,400 in middle school and almost 3,000
at the high school).
2) The first Coppell High School football game will be Friday,
August 26th against Jesuit.
3) There will be a Founder’s Day annual event at The Plaza prior to
the August 26th game at 6:30 p.m.
4) On August 31st the students will have an early release by noon.
5) School Board elections will be held on November 8, 2005 and
interested candidates may pick up packets from the Coppell
Independent School District Administration Building from
August 23, 2005 through September 2, 2005 at 5:00 p.m.
CM082305
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Mayor Stover announced that the Freshman and Junior Varsity
teams will play Jesuit on Thursday, August 25th. He also
announced that Friday, August 26th is the Lariette Spaghetti
Dinner.
Councilmember Suhy announced that Coppell Youth Leadership
orientation would be held on Monday, August 29th.
C. Mayor Pro Tem Brancheau announced that the Coppell Seniors
will hold their monthly luncheon on Wednesday, August 24, 2005.
He also asked everyone to keep Chic Welsh in your prayers due to
some health issues.
D. Councilmember Peters announced that she, Mayor Pro Tem
Brancheau, City Manager Witt and Director of Engineering Griffin
attended the Irving Transportation Summit that was held the
second week in August. The Super Conductor grand ribbon
cutting ceremony will be held on September 8, 2005.
E. Councilmember York stated that the updates he had to discuss
were discussed during Executive Session earlier in the meeting
tonight.
F. Councilmember Tunnell announced that they have narrowed their
choice for Hospital Operators.
G. Councilmember Hinojosa-Flores reminded everyone that the
Metrocrest Medical Foundation Annual Gala will be held on
October 1, 2005.
H. There was nothing to report on this item.
I. Mayor Pro Tem Brancheau stated that he was not able to attend
the meeting on Thursday, August 18, 2005 that was the final
meeting for the outgoing board members.
Mayor Stover thanked Mayor Pro Tem Brancheau for attending an
event honoring Her Royal Highness Sylvia Nagginda Luswata of
Buganda and presenting a key to the City on August 30, 2005 that
he is unable to attend.
J. There was nothing to report on this item.
K. There was nothing to report on this item.
L. There was nothing to report on this item.
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M. Councilmember Faught reported that Senior Adult Services has
received a grant from Geico. They are also in the process of
planning their Annual Golf Tournament to be held in October.
N. There was nothing to report on this item.
The Work Session was reconvened at this time.
WORK SESSION (RECONVENED) (Open to the Public)
Reconvene Work Session
A. Presentation and discussion of the Town Center Plaza
Concept.
Item A was postponed at this time. Item 3B was discussed at this time.
The Executive Session was reconvened at this time.
EXECUTIVE SESSION (RECONVENED) (Closed to the Public)
Reconvene Executive Session pursuant to:
A. Section 551.074, Texas Government Code - Personnel
Matters.
1. City Manager Evaluation.
Mayor Stover convened into Executive Session at 10:07 p.m. as allowed
under the above-stated article. Items 2A and 2C were discussed at this
time. Mayor Stover adjourned the Executive Session at 12:10 a.m. and
opened the Regular Session.
17. Necessary action resulting from Work Session.
There was no action necessary under this item.
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18. Necessary Action Resulting from Executive Session.
Action:
Councilmember Peters announced that Mr. Witt will receive the 3.6 ECI
adjustment that all staff will receive and she moved to bring Mr. Witt’s
Deferred Compensation up to $10,000 per year which will bring his base
salary up to $158,068. Councilmember Faught seconded the motion, the
motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers
Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor
of the motion.
There being no further business to come before the City Council, the meeting
was adjourned.
_____________________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________________
Libby Ball, City Secretary
CM083005
Page 1 of 3
MINUTES OF August 30, 2005
The City Council of the City of Coppell met in Special Called Session on
Tuesday, August 30, 2005, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt and City Secretary Libby Ball.
1. Call to order.
Mayor Pro Tem Brancheau called the meeting to order, determined that a
quorum was present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.087 – Texas Government Code –Deliberation
regarding Economic Development Negotiations.
1. Discuss and deliberate proposed offer of incentive
for business prospect that seeks to locate in the City
of Coppell.
Mayor Stover convened into Executive Session at 5:35 p.m. as allowed under
the above-stated article. Mayor Stover adjourned the Executive Session at 5:58
p.m. and opened the Special Session.
SPECIAL SESSION (Open to the Public)
3. Convene Special Session.
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Page 2 of 3
4. PUBLIC HEARING:
To receive public comment concerning the proposed 2005-
2006 tax rate of 0.6486.
Councilmember Hinojosa-Flores arrived at the beginning of this item.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Public Hearing:
Mayor Pro Tem Brancheau opened the Public Hearing and advised that
no one had signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing. Councilmember
Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
5. Consider approval of contract amendment to Brinkley Sargent
Architects to include Phase II architectural services on the
Police Justice Center and Fire Station No. 3 projects in the
amended amount of $158,000 and authorizing the City
Manager to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember York moved to approve a contract amendment to
Brinkley Sargent Architects to include Phase II architectural services on
the Police Justice Center and Fire Station No. 3 projects in the amended
amount of $158,000 and authorizing the City Manager to sign.
Councilmember Tunnell seconded the motion; the motion carried 7-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught, Suhy and York voting in favor of the motion.
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Page 3 of 3
6. Necessary Action Resulting from Executive Session.
Action:
Councilmember Suhy moved for the City of Coppell to enter into a sales
tax economic development agreement with Pulte Homes and PHT
Building Materials LP and authorize the City Manager to negotiate and
execute the agreement on behalf of the city. Councilmember Peters
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
ATTEST:
______________________________________
City Secretary
Tim Brancheau, Mayor Pro Tem
Libby Ball,
CM090605
Page 1 of 2
MINUTES OF SEPTEMBER 6, 2005
The City Council of the City of Coppell met in Special Emergency Called
Session on Tuesday, September 6, 2005, at 7:00 a.m. in the City Council
Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The
following members were present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember (left early)
Bill York, Councilmember
Councilmember Tunnell was absent. Also present were City Manager Jim Witt,
Deputy City Manager Clay Phillips and City Secretary Libby Ball.
ITEM # ITEM DESCRIPTION
SPECIAL EMERGENCY SESSION (Open to the Public)
1. Call to order.
Mayor Stover called the meeting to order and determined that a quorum
was present.
2. Discussion and consideration of relief effort for Hurricane
Katrina victims.
Presentation:
City Manager Jim Witt, Deputy City Manager Clay Phillips and Mayor
Stover briefed council on the current status of relief efforts for the
hurricane victims.
Action:
Councilmember Peters moved to authorize the city to provide ten (10)
housing units and utilities for a period of six (6) months for families
affected by Hurricane Katrina; authorize that proceeds from donations
from the city water bill be directed to hurricane disaster relief efforts
through December 2005 (Resolution No. 2005-0906.1); authorize the City
Manager to provide use of the city van for hurricane relief efforts locally
CM090605
Page 2 of 2
and elsewhere if needed; continue specific donation collections at all
three (3) fire stations and to authorize the administration to provide
assistance as appropriate for public safety, public works and provide
temporary memberships at the library and the Coppell Aquatic &
Recreation Center. Mayor Pro Tem Brancheau seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Brancheau and Councilmembers
Peters, Hinojosa-Flores, Faught, and York voting in favor of the motion.
There being no further business to come before the City Council, the meeting was adjourned.
____________________________________
, Mayor
ATTEST:
______________________________________
City Secretary
Douglas N. Stover
Libby Ball,
DEPT: City Secretary
DATE: September 13, 2005
ITEM #: 7/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider accepting the resignation of Jennifer Jackson from the Library Board, term to expire
October 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %libraryresign
From: "Jennifer Jackson" <jacksonjk@lisd.net>
To: <KEDWARDS@ci.coppell.tx.us>
Date: Tuesday, August 30, 2005 5:00:38 PM
Subject: Re: Library Board
Hello Kathy,
Thank you so much for writing me. Please find attached the letter of resignation. I do hope to have
the opportunity to serve again once everything settles down a bit. I enjoyed the library board so
much. Thanks again for everything and say hello to Richard for me. I hope he is doing well at his new
school.
Take care -
Jennifer
"Education is not the filling a pail but the lighting of a fire." --William Butler Yeats
Jennifer K. Jackson
Librarian/Learning Resources Specialist
DeLay Middle School
136 W. Purnell Road
Lewisville, Texas 75057
972-436-6525
>>> "Kathy Edwards" <KEDWARDS@ci.coppell.tx.us> 08/30/05 3:07 PM >>>
Hi Jennifer. You should have received a letter from the city manager requesting your resignation due
to the 3 missed meetings. I know how busy you are and I feel really bad.
If you can email me your resignation, it would be better as you would be eligible for future
opportunities for boards and commissions. I am off today but the city secretary is putting together
the agenda item for next week's council meeting early due to Labor Day. Resignations need to be on
the agenda.
Please let me know if you have any questions. Thanks Kathy
DEPT: Engineering
DATE: September 13, 2005
ITEM #: 7/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an ordinance to amend the Land Use Assumptions and the Capital Improvement Plan for
Water, Wastewater and Roadway Facilities by amending the City of Coppell Code of Ordinances, Chapter 17,
Impact Fees; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this ordinance will revise the current Impact Fee Ordinance to bring it into compliance with current
state law.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name:# Impact Fee Ord
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: September 13, 2005
REF:Consider approval of an ordinance to amend the Land Use Assumptions and the Capital
Improvement Plan for Water, Wastewater and Roadway Facilities by amending the City of
Coppell Code of Ordinances, Chapter 17, Impact Fees; and authorizing the Mayor to sign.
On August 23, 2005 a Public Hearing was held to consider the amendment of the Land Use
Assumptions, Capital Improvement Plan for Water, Wastewater and Roadway Facilities and to
consider the imposition of Water, Wastewater and Roadway Impact Fees. A presentation was made
highlighting proposed changes to the Roadway Impact Fee and recommendations of the Capital
Improvement Advisory Committee concerning various capital improvements proposed in the plan and
the changing of the impact fee amount per equivalent service unit. There were no citizens present to
speak at the Public Hearing. The revision to the Impact Fee Study has been a series of steps prescribed
by state law, which began on March 8, 2005 when City Council awarded the contract to Freese and
Nichols, Inc., to revise the Impact Fee Study. The item this evening is to approve the actual ordinance
that will revise the study and change several aspects of the current Impact Fee Study, such as:
1. Revise the roadway facilities zones from 10 to 1.
2. Revise the collection time of impact fees to state that Water and Wastewater Impact Fees are
collected at time of issuance of the building permit. The city will continue to collect Roadway
Impact Fees prior to the recordation of the final plat.
Included with the ordinance are the tables showing the maximum fees that could be assessed for water,
wastewater and roadways. The recommendation from the Capital Improvement Advisory Committee
was that the Roadway Impact Fee be set at $150 / per equivalent service unit, and that the Water and
Wastewater Impact Fee be set at $900 / per equivalent service unit. Both of these fees are less than the
maximum amount that could be assessed. As a reminder, the maximum amount that could be assessed
is 50% of what the actual study shows should be assessed to cover actual costs.
The final step in the revisions to the impact fees will take place in October 2005 when a new fee
ordinance is brought forth for consideration by City Council.
Staff recommends approval of the ordinance to amend the Land Use Assumptions and Capital
Improvement Plan for Water, Wastewater and Roadway Facilities. Staff will be available to answer
any questions at the Council meeting.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
APPROVING AMENDEMENTS TO THE LAND USE ASSUMPTIONS,
THE CAPITAL IMPROVEMENT PLAN FOR WATER,
WASTEWATER AND ROADWAY FACILITIES, CHANGES TO THE
IMPACT FEE CALCULATIONS BY AMENDING CHAPTER 17,
SECTIONS 17-1-04, 17-1-06 and 17-1-10 OF THE CODE OF
ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Coppell, Texas previously imposed Impact Fees
for Water, Wastewater and Roadway Facilities for the financing of Capital Improvements required for
new development in the City; and
WHEREAS, with the advise and assistance of the Capital Improvements Advisory Committee,
amendments to the Land Use Assumptions and the Capital Improvement Plan for Water, Wastewater
and Roadway Facilities have been prepared; and
WHEREAS, based on amendments to the Land Use Assumptions, amendments to the Capital
Improvement Plan for Water, Wastewater and Roadway Facilities have been prepared by Freese and
Nichols, Inc., in a document entitled "Impact Fee Capital Improvement Plan - Water, Wastewater and
Roadway", dated August 2005; and
WHEREAS, the Capital Improvement Advisory Committee has filed written comments on the
amendments to the Land Use Assumptions and the Capital Improvement Plan for Water, Wastewater
and Roadway Facilities and the City Council has received and reviewed those comments; and
WHEREAS, the City Council of the City of Coppell has given notice and held a public hearing
required by Chapter 395 of the Texas Local Government Code for the amendments to the Land Use
Assumptions, the Capital Improvement Plan for Water, Wastewater and Roadway Facilities Plan and
modification of impact fees for the financing of capital improvements required by new development
within the city; and
WHEREAS, the City Council finds it is the best interest of the City of Coppell and its citizens
to approve and adopt the amendments to the Land Use Assumptions and the Capital Improvement Plan
for Water, Wastewater and Roadway Facilities and to establish impact fees consistent with the Capital
Improvement Plan and to make other conforming changes to the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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COPPELL, TEXAS:
SECTION 1. The City of Coppell, Texas hereby approves and adopts the "Impact Fee Capital
Improvement Plan - Water, Wastewater and Roadway", dated August 2005 and prepared by Freese and
Nichols, Inc., as the amended Land Use Assumptions and Capital Improvement Plans for Water,
Wastewater and Roadway Facilities of the city.
SECTION 2. That the City of Coppell Impact Fee codified in Chapter 17, Sections 17-1-04,
17-1-06, and 17-1-10, of the Code of Ordinances be, and the same is, hereby amended to provide for
the changes to the impact fee calculations, which shall read as follows:
"CHAPTER 17. IMPACT FEE
ARTICLE I - IMPACT FEES, GENERAL PROVISIONS
. . . . .
Sec. 17-1-04 . Definitions
. . . . .
15. Service Area means in the case of impact fees for roadway facilities, the roadway facility
benefit area described on the service area map. . . . .
. . . . .
Sec. 17-1-06. Impact Fee as Condition of Development Approval
No application for new development shall be approved within the city without assessment of an
impact fee pursuant to this chapter and no final plat shall be approved unless applicant has paid
the roadway impact fee imposed by and calculated hereunder. Water and Wastewater Impact
fees shall be assessed at time of final plat and paid at time of issuance of building permit.
. . . . .
Sec. 17-1-10. Computation and Collection of Impact Fees
A. The roadway impact fees due for new development shall be collected prior to
recordation of the subdivision plat. Water and wastewater impact fees shall be collected
at issuance of building permit. If the exact final usage of the land is unknown at the time
of platting so as to make it impossible to calculate the equivalent service units, or if new
development occurs or is proposed to occur without platting, then the roadway impact
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fee shall be due at the time of connection to city water or wastewater system or at the
time of building permit, unless an agreement between the city and the developer has
been executed providing for a different time of payment.
. . . . .
. . . . .”
SECTION 3. That Chapter 17 of the Code of Ordinances of the City of Coppell, Texas,
is amended by adopting the following Schedules which are attached to this Ordinance, as part
of Chapter 17 and which shall be added to the Code of Ordinances of the City of Coppell, Texas.
Maximum Fee Rate for Impact Fees, Schedule 1; Payment and Collection Fee Rate, Schedule
2; Water and Wastewater Benefit Area Map, Schedule 3; Roadway Benefit Area, Schedule 4.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held
to be unconstitutional, illegal or invalid the same shall not affect the remaining provisions of
said ordinance or the Code of Ordinances, as amended hereby, which shall continue in full force
and affect.
SECTION 5. That all the provisions of this ordinance are hereby declared to be
governmental and for the health, safety and welfare of the general pubic. Any member of the
City Council or any City official or employee charged with the enforcement of this ordinance
or the Code of Ordinances as amended hereby, acting for the City of Coppell, Texas, in the
discharge of their duties, shall not thereby render themselves personally liable; and they are
hereby relieved from all personal liability for any damage that might occur to persons or
property as a result of any act required or permitted in the discharge of said duties.
SECTION 6. That any violation of this ordinance may be enjoined by a suit filed in the
name of the City of Coppell, Texas, in a court of competence jurisdiction; and this remedy shall
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be in addition to any penal provision in this ordinance or in the Code of Ordinances of the City
of Coppell, Texas as amended hereby.
SECTION 7. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption as the law and charter in such cases 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 [Rev.& Revised 09/06/05] 77245)
MAXIMUM FEE RATE FOR IMPACT FEES
SCHEDULE 1
WATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size E.S.U. *Water Impact Fee
5/8" x 3/4"1.00 $ 990.00
1"1.67 $ 1,653.30
1 1/2"3.33 $ 3,296.70
2"5.33 $ 5,276.70
3"11.67 $ 11,553.30
4"21.00 $ 20,790.00
6"46.67 $ 46,203.30
8" 80.00 $ 79,200.00
WASTEWATER FACILITY MAXIMUM FEE PER SERVICE UNIT
Meter Size E.S.U. *Water Impact Fee
5/8" x 3/4"1.00 $ 933.00
1"1.67 $ 1,558.11
1 1/2"3.33 $ 3,106.89
2"5.33 $ 4,972.89
3"11.67 $ 10,888.11
4"21.00 $ 19,593.00
6"46.67 $ 43,543.11
8 80.00 $ 74,640.00
ROADWAY FACILITY MAXIMUM FEE PER SERVICE UNIT
Service Area Cost Per Service Unit
1 $ 168.00
* From AWWA Manual 6, Water Meters - Selection,
Installation, Testing and Maintenance, 3rd edition, 1986
PAYMENT AND COLLECTION FEE RATE
SCHEDULE 2
WATER FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Meter Size E.S.U. *Water Impact Fee
5/8" x 3/4"1.00
1"1.67
1 1/2"3.33
2"5.33
3"11.67
4"21.00
6"46.67
8" 80.00
Fee Set by Separate
Resolution
WASTEWATER FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Meter Size E.S.U. *Water Impact Fee
5/8" x 3/4"1.00
1"1.67
1 1/2"3.33
2"5.33
3"11.67
4"21.00
6"46.67
8" 80.00
Fee Set by Separate
Resolution
ROADWAY FACILITY
PAYMENT AND COLLECTION FEE PER SERVICE UNIT
Service Area Cost Per Service Unit
1 Fee Set by Separate
Resolution
* From AWWA Manual 6, Water Meters - Selection,
Installation, Testing and Maintenance, 3rd edition, 1986
DEPT: Finance
DATE: September 13, 2005
ITEM #: 7/D
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of the annual review of the written Investment Policy of the City of Coppell
as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code.
GOAL(S):
EXECUTIVE SUMMARY: As required by the Public Funds Investment Act, the Investment Policy must be
reviewed on an annual basis. Staff has reviewed the policy and recommends no changes at this time.
Furthermore, our investment policy has been reviewed by the Government Treasurers’ Organization of Texas
Review Committee to ensure it meets the requirements of the Texas Public Funds Investment Act. On August 8,
2005, we were awarded the Certificate of Distinction for our Investment Policy. They indicated our policy meets
the criteria set forth in the investment policy review checklist, and is an excellent example of a comprehensive
written investment policy.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $InvestmentPolicy-1AR(Consent)
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INTRODUCTION
The purpose of this document is to set forth specific investment policy and strategy guidelines for
the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trust for all
investment activity. The City Council of the City of Coppell shall review its investment strategies
and policy not less than annually. This policy serves to satisfy the statutory requirement of Chapter
2256, Texas Government Code as amended, to define, adopt and review a formal investment
strategy and policy.
INVESTMENT STRATEGY
The City of Coppell maintains portfolios utilizing four specific investment strategy considerations
designed to address the unique characteristics of the fund groups represented in the portfolios:
A. Investment strategies for operating funds and commingled pools containing
operating funds have as their primary objective to assure that anticipated cash flows
are matched with adequate investment liquidity. The secondary objective is to create
a portfolio structure which will experience minimal volatility during economic
cycles. This may be accomplished by purchasing high quality, short-to-medium-
term securities which will complement each other in a laddered or barbell maturity
structure. The dollar weighted average maturity of 365 days or less will be
calculated using the stated final maturity date of each security.
B. Investment strategies for debt service funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligation on the
required payment date. Securities purchased shall not have a stated final maturity
date that exceeds the debt service payment date.
C. Investment strategies for debt service reserve funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate debt
service fund from securities with a low degree of volatility. Securities should be of
high quality and, except as may be required by the bond ordinance specific to an
individual issue, of short to intermediate-term maturities. Volatility shall be further
controlled through maturity and quality range, without paying premium, if at all
possible. Such securities will tend to hold their value during economic cycles.
D. Investment strategies for special projects or special purpose fund portfolios will have
as their primary objective to assure that anticipated cash flows are matched with
adequate investment liquidity. These portfolios should include at least 10% in highly
liquid securities to allow for flexibility and unanticipated project outlays. The stated
final maturity dates of securities held should not exceed the estimated project
completion date.
INVESTMENT POLICY
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I. SCOPE
This investment policy applies to all financial assets of the City of Coppell. These funds are
accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include:
* General Fund
* Special Revenue Funds
* Debt Service Funds
* Capital Projects Funds
* Proprietary Funds
* Trust and Agency Funds
* Component Units
II. OBJECTIVES
The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority:
Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the
primary objective. All investments shall be designed and managed in a manner responsive to the
public trust and consistent with State and Local law.
The City shall maintain a comprehensive cash management program that includes collection of
accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of
available cash. Cash management is defined as the process of managing monies in order to insure
maximum cash availability and maximum yield on short-term investment of pooled idle cash.
Safety
The primary objective of the City's investment activity is the preservation of capital in the overall
portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses,
whether they are from securities default or erosion of market value.
Liquidity
The City's investment portfolio shall be structured such that the City is able to meet all obligations in
a timely manner. This shall be achieved by matching investment maturities with forecasted cash
flow requirements and by investing in securities with active secondary markets.
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Yield
The City's cash management portfolio shall be designed with the objective of regularly exceeding
the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek to
augment returns above this threshold consistent with risk limitations identified herein and prudent
investment polices.
Public Trust
All participants in the City's investment process shall seek to act responsibly as custodians of the
public trust. Investment officials shall avoid any transaction that might impair public confidence in
the City's ability to govern effectively.
III. RESPONSIBILITY AND CONTROL
Investment Committee
An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of
Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational
strategies and to monitor results. The Investment Committee shall include in its deliberation such
topics as: performance reports, economic outlook, portfolio diversification, maturity structure,
potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the
investment portfolio.
Delegation of Authority and Training
Authority to manage the City's investment program is derived from a resolution of the City Council.
The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated as
the investment officers of the City and are responsible for investment decisions and activities. The
Director of Finance shall establish written procedures for the operation of the investment program,
consistent with this investment policy. The investment officers shall attend at least one ten (10) hour
training session from an independent source approved by the governing body relating to the officer's
responsibility under the Act within 12 months after assuming duties.
Additionally, once every two years, ten (10) hours of instruction must be obtained from an
independent source. Sources of authorized independent training are those sponsored by:
• Government Finance Officers Association (G.F.O.A.)
• Government Finance Officers Association of Texas (G.F.O.A.T.)
• Government Treasurers Organization of Texas (G.T.O.T.)
• University of North Texas - Center for Public Management
• Texas Tech - Center for Professional Development
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Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation costs and benefits require estimates and
judgements by management.
Accordingly, the Director of Finance shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall
address the following points:
A. Control of collusion.
B. Separation of transaction authority from accounting and record keeping.
C. Custodial safekeeping.
D. Avoidance of physical delivery securities.
E. Clear delegation of authority to subordinate staff members.
F. Written confirmation for telephone (voice) transactions for investments and wire
transfers.
G. Development of a wire transfer agreement with the depository bank or third party
custodian.
Prudence
The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule,
which states: "Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived." In determining whether an investment officer
has exercised prudence with respect to an investment decision, the determination shall be made
taking into consideration:
A. The investment of all funds, or funds under the City's control, over which the officer
had responsibility rather than a consideration as to the prudence of a single
investment.
B. Whether the investment decision was consistent with the written investment policy
of the City.
The investment officer, acting in accordance with written procedures and exercising due diligence,
shall not be held personally responsible for a specific security's credit risk or market price changes,
providing that these deviations are reported immediately and that appropriate action is taken to
control adverse developments.
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Ethics and Conflicts of Interest
City staff involved in the investment process shall refrain from personal business activity that could
conflict with the proper execution of the investment program, or which could impair the ability to
make impartial investment decisions. City staff shall disclose to the City Manager any material
financial interests in financial institutions that conduct business with the City and they shall further
disclose positions that could be related to the performance of the City's portfolio. City staff shall
subordinate their personal financial transactions to those of the City, particularly with regard to
timing of purchases and sales.
An investment officer of the City who has a personal business relationship with an organization
seeking to sell an investment to the City shall file a statement disclosing that personal business
interest. An investment officer who is related within the second degree by affinity or consanguinity
to an individual seeking to sell an investment to the City shall file a statement disclosing that
relationship. A statement required under this subsection must be filed with the Texas Ethics
Commission and the governing body of the entity.
IV. REPORTING
Quarterly Reporting
The Director of Finance shall submit a signed quarterly investment report that summarizes current
market conditions, economic developments and anticipated investment conditions. The report shall
summarize investment strategies employed in the most recent quarter, and describe the portfolio in
terms of investment securities, maturities, risk characteristics, and shall explain the total investment
return for the quarter.
Annual Report
Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report on
the investment program and investment activity. This report may be presented along with the
Comprehensive Annual Financial Report to the City Manager and City Council.
Methods
The quarterly investment report shall include a succinct management summary that provides a clear
picture of the status of the current investment portfolio and transactions made over the last quarter.
This management summary will be prepared in a manner that will allow the City to ascertain
whether investment activities during the reporting period have conformed to the investment policy.
The reports shall be formally reviewed at least annually by an independent auditor, if investments
are other than those offered by the City's depository. The portfolio shall be marked to market
monthly. The market value of the securities is to be provided by the City's depository or by a third
party valuation service.
The report will be provided to the City Manager and City Council. The report will include the
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following:
A. A listing of individual securities (investment position) held at the end of the reporting
period.
B. Unrealized gains or losses resulting from appreciation or depreciation by listing the
beginning and ending book and market value of securities for the period.
C. Additions and changes to the market value during the period.
D. Average weighted yield to maturity of portfolio on entity investments as compared to
applicable benchmark.
E. Listing of investment by maturity date.
F. The percentage of the total portfolio each type of investment represents.
G. Statement of compliance of the City's investment portfolio with State Law and the
investment strategy and policy approved by the City Council.
H. Prepared and signed by the investment officers.
I. Fully accrued interest for the period.
J. States account or fund for each investment.
V. INVESTMENT PORTFOLIO
The City shall pursue an active versus a passive portfolio management philosophy. That is,
securities may be sold before they mature if market conditions present an opportunity for the City to
benefit from the trade. The investment officer will routinely monitor the contents of the portfolio,
the available markets, and the relative value of competing instruments, and will adjust the portfolio
accordingly.
Investments
Assets of the City of Coppell may be invested in the following instruments; provided, however, that
at no time shall assets of the City be invested in any instrument or security not authorized for
investment under the Act, as the Act may from time to time be amended.
I. Authorized
A. Obligations of the United States of America, its agencies and
instrumentalities.
B. Direct obligations of the State of Texas or its agencies and instrumentalities.
C. Other obligations, the principal of and interest on which are unconditionally
guaranteed by the State of Texas or United States of America.
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D. Obligations of the State, agencies thereof, Counties, Cities, and other political
subdivisions of any state having been rated as investment quality by a
nationally recognized investment rating firm, and having received a rating of
not less than "A" or its equivalent.
E. Certificates of Deposit of state and national banks domiciled in Texas,
guaranteed or insured by the Federal Deposit Insurance or its successor or
secured by obligations described in A through D above, which are intended
to include all direct agency or instrumentality issued mortgage backed
securities rated AAA by a nationally recognized rating agency and that have
a market value of not less than the principal amount of the certificates.
F. Fully collateralized direct repurchase agreements with a defined termination
date secured by obligations of the United States or its agencies and
instrumentalities. These shall be pledged to the City of Coppell, held in the
City’s name, and deposited at the time the investment is made with the City
or with a third party selected and approved by the City. Repurchase
agreements must be purchased through a primary government securities
dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. A
Master Repurchase Agreement must be signed by the bank\dealer prior to
investment in a repurchase agreement. All repurchase agreement transactions
will be on a delivery versus payment basis. Securities received for repurchase
agreements must have a market value greater than or equal to 105 percent at
the time funds are disbursed.
G. Local government investment pools that have been authorized by the
governing body by rule, ordinance or resolution. The investment pool must
maintain a rating no lower than AAA or AAA-M by at least one nationally
recognized rating service. Investment in such pools shall be limited to 50%
of the City’s entire portfolio, with no more than 25% of the entire portfolio
invested in any one authorized pool.
H. No-load money market mutual funds that are registered and regulated by the
Securities and Exchange Commission, that has a dollar weighted average
stated maturity of 90 days or fewer and includes in its investment objectives
the maintenance of a stable net asset value of $1 for each share.
I. No-load mutual funds that are registered with the Securities and Exchange
Commission, having an average weighted maturity of less than two years and
is invested or secured in obligations described in A through D above. The
fund must maintain a rating of AAA, or its equivalent by at least one
nationally recognized rating firm. The fund must conform to the
requirements relating to the eligibility of investment pools.
Investments in mutual funds shall be limited to 10% of the City's monthly fund balance,
excluding bond proceeds and reserves and other funds held for debt service.
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II. Not Authorized
The City's authorized investments options are more restrictive than those allowed by State law.
State law specifically prohibits investment in the following investment securities.
A. Obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage backed security
collateral and pays no principal.
B. Obligations whose payment represents the principal stream of cash flow from
the underlying mortgage-backed security collateral and bears no interest.
C. Collateralized mortgage obligations that have a stated final maturity date of
greater than 10 years.
D. Collateralized mortgage obligations the interest rate of which is determined
by an index that adjusts opposite to the changes in a market index.
Holding Period
The City of Coppell intends to match the holding periods of investment funds with liquidity needs of
the City. In no case will the average maturity of investments of the City's operating funds exceed
one year. The maximum final stated maturity of any investment shall not exceed five years.
Investments in all funds shall be managed in such a way that the market price losses resulting from
interest rate volatility would be offset by coupon income and current income received from the
volume of the portfolio during a twelve month period.
Risk and Diversification
The City of Coppell recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is controlled
through portfolio diversification which shall be achieved by the following general guidelines;
A. Risk of issuer default is controlled by limiting investments to those
instruments allowed by the Act, which are described herein.
B. Risk of market price changes shall be controlled by avoiding over-
concentration of assets in a specific maturity sector, limitation of average
maturity of operating funds investments to one year, and avoidance of over-
concentration of assets in specific instruments other than U.S. Treasury
Securities and insured or Collateralized Certificates of Deposits.
C. Risk of illiquidity due to technical complications shall be controlled by the
selection of securities dealers as described herein.
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VI. SELECTION OF BANKS AND DEALERS
Depository
At least every five (5) years a Depository shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP). In selecting a
depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall
conduct a comprehensive review of prospective depositories credit characteristics and financial
history.
Certificates of Deposit
Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase
program shall submit for review annual financial statements, evidence of federal insurance and other
information as required by the Director of Finance.
Qualified Representatives
Investment officials shall not knowingly conduct business with any firm with whom public entities
have sustained losses on investments. All qualified representatives shall provide the City with
references from Public entities they are currently serving.
All financial institutions and qualified representatives who desire to become qualified bidders for
investment transactions must supply the following as appropriate:
- audited financial statements
- proof of National Association of Securities Dealers (NASD) certification
- proof of state registration
- completed broker/dealer questionnaire
- certification of having read the City's investment policy signed by an
qualified representative of the organization
- Acknowledgement that the organization has implemented reasonable
procedures and controls in an effort to preclude imprudent investment
activities arising out of investment transactions conducted between the City
and the organization
The investment officers are precluded from purchasing an investment from a representative who has
not delivered the written certification
An annual review of the financial condition and registration of qualified bidders will be conducted
by the Director of Finance.
Competitive Bids
Competitive quotes must be taken from at least three (3) qualifying financial institutions or
broker/dealers for any investment transaction involving an individual security. Investment
transactions should include written confirmation of offers on the Investment Bid Tabulation form.
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VII. SAFEKEEPING AND CUSTODY
Insurance or Collateral
All deposits and investments of City funds other than direct purchases of U.S. Treasuries or
Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a
level of security for all funds, the collateralization level will be 105% of market value of principal
and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC.
Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party
financial institution. The City’s Depository Agreement shall specify the acceptable investment
securities for collateral, the substitution or release of investment securities, ownership of securities,
and the method of valuation of securities. Repurchase agreements shall be documented by a specific
agreement noting the collateral pledge in each agreement. Collateral shall be reviewed monthly to
assure that the market value of the pledged securities is adequate.
Safekeeping Agreement
Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in
accordance with a Safekeeping Agreement which clearly defines the procedural steps for gaining
access to the collateral should the City of Coppell determine that the City's funds are in jeopardy.
The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not
affiliated with the firm pledging the collateral. The safekeeping agreement shall include the
signatures of authorized representatives of the City of Coppell, the firm pledging the collateral, and
the Trustee.
Collateral Defined
The City of Coppell shall accept only the following securities as collateral:
A. FDIC and FSLIC insurance coverage.
B. A bond, certificate of indebtedness, or Treasury Note of the United States, or
other evidence of indebtedness of the United States that is guaranteed as to
principal and interest by the United States.
C. Obligations, the principal and interest on which, are unconditionally
guaranteed or insured by the State of Texas.
D. A bond of the State of Texas or of a county, city or other political subdivision
of the State of Texas having been rated as investment grade (investment
rating no less than "A" or its equivalent) by a nationally recognized rating
agency with a remaining maturity of five (5) years or less.
Subject to Audit
All collateral shall be subject to inspection and audit by the Director of Finance or the City's
independent auditors.
11
Delivery vs. Payment
Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the
delivery vs. payment method. That is, funds shall not be wired or paid until verification has been
made that the correct security was received by the Trustee. The security shall be held in the name of
the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's
ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall
be delivered to the City.
VII. INVESTMENT POLICY ADOPTION
The City of Coppell investment policy shall be adopted by resolution of the City Council. The
policy shall be reviewed for effectiveness on an annual basis by the Investment Committee and any
modifications will be recommended for approval to the City Council.
12
GLOSSARY
of
COMMON TREASURY TERMINOLOGY
Agencies: Federal agency securities.
Ask: The price at which securities are
offered.
Bid: The price offered for securities.
Broker: A broker brings buyers and sellers
together for a commission paid by the initiator
of the transaction or by both sides. In the
money market, brokers are active in markets,
in which banks buy and sell money, and in
interdealer markets.
Certificate of Deposit (CD): A time deposit
with a specific maturity evidenced by a
certificate. Large-denomination CD's are
typically negotiable.
Collateral: Securities, evidence of deposit or
other property that a borrower pledges to
secure repayment of loan. Also refers to
securities pledged by a bank to secure
deposits of public monies.
Comprehensive Annual Financial Report
(CAFR): The official annual report for the
City of Coppell. It includes combined
statements and basic financial statements for
each individual fund and account group
prepared in conformity with GAAP. It also
includes supporting schedules necessary to
demonstrate compliance with finance-related
legal and contractual provisions, extensive
introductory material, and a detailed
Statistical Section.
Coupon: The annual rate of interest that a
bond's issuer promises to pay the bondholder
on the bond's face value
Dealer: A dealer, as opposed to a broker, acts
as a principal in all transactions, buying and
selling for his own account.
Debenture: A bond secured only by the
general credit of the issuer.
Delivery versus Payment: There are two
methods of delivery of securities: delivery
versus payment and delivery versus receipt
Delivery versus payment is delivery of
securities with an exchange of money for the
securities. Delivery versus receipt is delivery
of securities with an exchange of a signed
receipt for the securities.
Discount Securities: Non-interest bearing
money market instruments that are issued at a
discount and redeemed at maturity for full
face value, such as U.S. Treasury bills.
Diversification: Dividing investment funds
among a variety of securities offering
independent returns.
Federal Credit Agencies: Agencies of the
Federal government set up to supply credit to
various classes of institutions and individuals,
such as Savings and Loans, small business
firms, students, farmers, farm cooperatives,
and exporters.
Federal Deposit Insurance Corporation
(FDIC): A federal agency that insures bank
deposits, currently up to $100,000 per deposit.
Federal Funds Rate: The rate of interest at
which Fed funds are traded. This rate is
currently set by the Federal Reserve through
open-market operations.
Federal Home Loan Banks (FHLB): The
institutions that regulate and lend to savings
and loan associations. The Federal Home
Loan Banks play a role analogous to that
played by the Federal Reserve Banks vis-a-vis
member commercial banks.
13
Federal National Mortgage Association
(FNMA): FNMA, like GNMA, was
chartered under the Federal National
Mortgage Association Act in 1938. FNMA is
a federal corporation working under the
auspices of the Department of Housing and
Urban Development, H.U.D. It is the largest
single provider of residential mortgage funds
in the United States. Fannie Mae, as the
corporation is called, is a private stockholder-
owned corporation. The corporation's
purchases include a variety of adjustable
mortgages and second loans in addition to
fixed-rate mortgages. FNMA's securities are
also highly liquid and are widely accepted.
FNMA assumes and guarantees that all
security holders will receive timely payment
of principal and interest.
Federal Open Market Committee
(FOMC): Consists of seven members of the
Federal Reserve Board and five of the twelve
Federal Reserve Bank Presidents. The
President of the New York Federal Reserve
Bank is a permanent member while the other
Presidents serve on a rotating basis. The
Committee periodically meets to set Federal
Reserve guidelines regarding purchases and
sales of Government Securities in the open-
market as a means of influencing the volume
of bank credit and money.
Federal Reserve System: The central bank
of the United States created by Congress and
consisting of a seven member Board of
Governors in Washington, D.C., 12 regional
banks and commercial banks that are
members of the system.
Government National Mortgage
Association (GNMA or Ginnie Mae):
Securities guaranteed by GNMA and issued
by mortgage bankers, commercial banks,
savings and loan associations, and other
institutions. Security holder is protected by
full faith and credit of the U.S. Government.
Ginnie Mae securities are backed by FHA,
VA or FMHM mortgages. The term pass-
throughs is often used to describe Ginnie
Maes.
Liquidity: A liquid asset is one that can be
converted easily and rapidly into cash without
a substantial loss of value. In the money
market, a security is said to be liquid if the
spread between bid and asked prices is narrow
and reasonable size can be done at those
quotes.
Market Value: The price at which a security
is trading and could presumably be purchased
or sold.
Master Repurchase Agreement: To protect
investors, many public investors will request
that repurchase agreements be preceded by a
master repurchase agreement between the
investor and the financial institution or dealer.
The master agreement should define the
nature of the transaction, identify the
relationship between the parties, establish
normal practices regarding ownership and
custody of the collateral securities during the
term of the investment, provide remedies in
the case of default by either party and clarify
issues of ownership. The master repurchase
agreement protects the investor by eliminating
the uncertainty of ownership and hence,
allowing investors to liquidate collateral if a
bank or dealer defaults during the term of the
agreement.
Maturity: The date upon which the principal
or stated value of an investment becomes due
and payable.
Money Market: The market in which short-
term debt instruments (bills, commercial
paper, bankers' acceptances) are issued and
traded.
Open Market Operations: Purchases and
sales of government and certain other
14
securities in the open market by the New
York Federal Reserve Bank as directed by the
FOMC in order to influence the volume of
money and credit in the economy. Purchases
inject reserves into the bank system and
stimulate growth of money and credit; sales
have the opposite effect. Open market
operations are the Federal Reserve's most
important and most flexible monetary policy
tool.
Portfolio: Collection of securities held by an
investor.
Primary Dealer: A group of government
securities dealers that submit daily reports of
market activity and positions and monthly
financial statements to the Federal Reserve
Bank of New York and are subject to its
informal oversight. Primary dealers include
Securities and Exchange Commission (SEC)
registered securities broker-dealers banks and
a few unregulated firms.
Prudent Person Rule: An investment
standard. Investments shall be made with
judgment and care, under circumstances then
prevailing, which persons of prudence,
discretion and intelligence exercise in the
management of their own affairs, not for
speculation, but for investment, considering
the probable safety of their capital as well as
the probable income to be derived.
Rate of Return: The yield obtainable on a
security based on its purchase price or its
current market price. This may be the
amortized yield to maturity on a bond or the
current income return.
Repurchase Agreement (RP of REPO): A
holder of securities sells these securities to an
investor with an agreement to repurchase
them at a fixed price on a fixed date. The
security "buyer" in effect lends the "seller"
money for the period of the agreement, and
their terms of the agreement are structured to
compensate him for this.
DEPT: Parks and Recreation
DATE: September 13, 2005
ITEM #: 7/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a contract for the renewal of the Dallas County Health Services Agreement, effective October
1, 2005, through September 30, 2006, in the amount of $3,131.00, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
For over 20 years, cities within Dallas County have contracted with the Dallas County Health Department for
health services. The County Health Department provides health services to the citizens of the contracting
communities that are not provided by that municipality.
For FY’06, the Dallas County Commissioners Court elected not to increase any contract amounts, therefore, the
contract cost is based on the FY’05 contract amount.
FINANCIAL COMMENTS: Funds are budgeted in the Environmental Health Department, Other Professional
Services, for this contract.
Agenda Request Form - Revised 09/04 Document Name: ^DC06-1AR
DEPT: Planning
DATE: September 13, 2005
ITEM #: 7/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-108R6-H, Historic Coppell Properties, Ltd., zoning change
from PD-108-H and H (Planned Development-108-Historic and Historic) to PD-108R6-H (Planned Development-
106 Revision 6-Historic), to amend the Planned Development and attach a Detail Site Plan to allow the
development of two medical and office buildings totaling 33,108-square feet on approximately 3.3 acres of
property located along the south side of Bethel Road, approximately 185 feet east of Coppell Road, 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 June 16, 2005, the Planning Commission unanimously approved this zoning change request (6-0).
On July 12, 2005, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @PD-108R6-H ORD 1-AR (Con)
77218
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A ZONING
CHANGE FROM PD-108-H AND H (PLANNED DEVELOPMENT-108-HISTORIC AND
HISTORIC) TO PD-108R6-H (PLANNED DEVELOPMENT-108 REVISION 6-
HISTORIC), TO AMEND THE PLANNED DEVELOPMENT AND ATTACH A DETAIL
SITE PLAN TO ALLOW THE DEVELOPMENT OF TWO MEDICAL AND OFFICE
BUILDINGS TOTALING APPROXIMATELY 33,000-SQUARE FEET ON
APPROXIMATELY 3.3 ACRES OF PROPERTY LOCATED ALONG THE SOUTH
SIDE OF BETHEL ROAD, APPROXIMATELY 185 FEET EAST OF COPPELL ROAD,
AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, EXISTING TREE
SURVEY AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, D, AND E”,
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-
108R6-H 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-108-H and H
77218
(Planned Development-108-Historic and Historic) to PD-108R6-H (Planned Development-106
Revision 6-Historic), to amend the Planned Development and attach a Detail Site Plan to allow
the development of two medical and office buildings totaling approximately 33,000-square feet
on approximately 3.3 acres of property located along the south side of Bethel Road,
approximately 185 feet east of Coppell Road, and being more particularly described in Exhibit
“A”, attached hereto and made a part hereof for all purposes.
SECTION 2.That this Planned Development shall be used in accordance with the
permitted use with Historic District, Section 12-28A of the Code of Ordinances and development
standards adopted herein, subject to the following development standard and special conditions:
1) Parking shall be permitted in the front yard of lot in Phase 2, only.
2) Perimeter landscaping may be reduced to a minimum of 5 feet along the southern
property line in Phases 1 and 2.
3) A minimum of fourteen percent (14%) non-vehicular landscaping is required in
Phase 2 as depicted in the Detail Site Plan.
4) A structure exceeding 5,000-square feet shall be permitted without a Special Use
Permit.
5) A tree removal permit shall be required at prior to the removal of trees, in
accordance with Section 12-34-2 of the Code of Ordinances.
6) All of the sidewalks shall be constructed with brushed concrete and brick pavers,
as depicted on the Detail Site Plan.
77218
SECTION 3.That Site Plan, Landscape Plan, Existing Tree Survey and Elevations,
attached hereto as Exhibits “B, C, D, and E,” respectively, and made a part hereof for all
purposes, are hereby approved as special development standards for the Planned Development
granted herein.
SECTION 4. That the above property shall be used only in the manner and for the
purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as
heretofore amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so 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.
77218
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/ajh Reviewed & Revised
DEPT: Finance
DATE: September 13, 2005
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance approving and adopting the budget for the City of Coppell
for the Fiscal Year of October 1, 2005 through September 30, 2006, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $BudgetAdopt-1AR
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING
A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005,
AND ENDING SEPTEMBER 30, 2006; APPROPRIATING THE VARIOUS AMOUNTS
REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE
ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City
Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and
providing a complete financial plan for 2005-2006; and
WHEREAS, the City Council of the City of Coppell has received the proposed budget, a
copy of which proposed budget and all supporting schedules have been filed with the City Secretary
of the City of Coppell; and
WHEREAS, the City Council has conducted the necessary public hearings as required by
law; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the proposed budget of the revenues of the City of Coppell and the
expenditures of conducting the affairs of the City, providing a complete financial plan for the
ensuing fiscal year beginning October 1, 2005, and ending September 30, 2006 as submitted to the
City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as
the budget of all current revenues and expenditures of the City for the fiscal year beginning October
1, 2005, and ending September 30, 2006.
SECTION 2. That the sum of $63,088,777 is hereby appropriated for the expenditures
established in the approved budget, attached hereto as Exhibit “A” and made part hereof for all
purposes.
SECTION 3. That the City Council reserves the authority to transfer designated
appropriations to any individual department or activity.
SECTION 4. That all notices and public hearings required by law have been duly
completed.
SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions
of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Coppell not in conflict with the provisions of the Ordinance shall remain in full
force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or
section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this Ordinance as a whole or any part or provision thereof other
than the part thereof decided to be unconstitutional, illegal or invalid.
SECTION 7. This Ordinance shall take effect immediately from and after its passage,
as the law and charter in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 13th
day of September, 2006.
APPROVED:
___________________________
MAYOR
ATTEST:
___________________________
CITY SECRETARY
APPROVED AS TO FORM:
____________________________________________
CITY ATTORNEY
DEPT: Finance
DATE: September 13, 2005
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes
for the year 2005 at .6486/$100 taxable valuation of which .45645 for operations and maintenance and .19215 for
interest and sinking, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $TaxRateAdopt-1AR
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES
FOR THE YEAR 2005 AT A RATE OF .6486 PER ONE HUNDRED DOLLARS ($100) ASSESSED
VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE
CITY AS OF JANUARY 1, 2005; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL
OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES
TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That there be and is hereby levied for the year 2005 on all taxable property, real,
personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the
Constitution of the State and valid State laws, a tax of .6486 on each One Hundred Dollars ($100) assessed
value of taxable property, and shall be apportioned and distributed as follows:
a) For the PURPOSE of defraying the current expenses of the municipal government of the
City, a tax of $.45645 on each One Hundred Dollars ($100) assessed value of all taxable property. THIS
TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN
LAST YEAR’S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE
AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $27.15.
b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all
outstanding bonds of the City, not otherwise provided for, a tax of $.19215 on each One Hundred Dollars
($100) assessed value of all taxable property, within the City which shall be applied to the payment of such
interest and maturities of all outstanding bonds.
SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2005 and all ad
valorem taxes for the year shall become delinquent after January 31, 2006. There shall be no discount for
payment of taxes prior to said January 31, 2006. A delinquent tax shall incur all penalty and interest
authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the
amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or
portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent.
Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of the amount
of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax
shall also accrue interest at a rate of one per cent for each month or portion of a month the tax remains unpaid.
Taxes that remain delinquent on July 1, 2006, incur an additional penalty not to exceed twenty percent of the
amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to
contract with the City’s Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as
amended. Taxes for the year 2006 and taxes for all future years that remain delinquent on or after June 1
under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an
additional penalty in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due,
pursuant to Texas Property Tax code Section 6.30 and Section 33.08, as amended.
SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The
City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes
levied under this ordinance.
SECTION 4. That the tax rolls, as presented to the City Council together with any supplement
thereto, be, and the same are hereby approved.
SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the
collection of ad valorem taxes for the year 2005, this ordinance shall take effect from and after its passage as
the law in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 13th day of
September 2005.
APPROVED:
___________________________
MAYOR
ATTEST:
___________________________
CITY SECRETARY
APPROVED AS TO FORM:
____________________________________________
CITY ATTORNEY
DEPT: City Secretary Department
DATE: September 13, 2005
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION: Consider appointments to the City’s Boards, Commissions and Committees.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %bdapts
AGENDA REQUEST NARRATIVE
THE FOLLOWING VACANCIES ARE AVAILABLE:
AMERICAN RED CROSS REPRESENTATIVE
1 Citizen
(3-year term of office)
1 Citizen
(1-year term of office)
ANIMAL SERVICES APPEALS BOARD
1 Citizen
(2-year term of office)
1 Alternate
(2-year term of office)
BOARD OF ADJUSTMENT
2 Citizens
(2-year term of office)
2 Alternates
(2-year term of office)
CONDUCT REVIEW BOARD
To be determined (presently 14 members)
(2-year term of office)
COPPELL ECONOMIC DEVELOPMENT COMMITTEE
4 Citizens
(2-year term of office)
COPPELL EDUCATION DEVELOPMENT CORPORATION
4 Citizens
(2-year term of office)
Agenda Narritave Form - Revised 1/99
KEEP COPPELL BEAUTIFUL COMMITTEE
4 Citizens
(2-year term of office)
1 Citizen
(1-year term of office)
LIBRARY BOARD
3 Citizens
(2-year term of office)
1 Alternate
(2-year term of office)
1 Citizen
(1-year term of office)
2 Alternate
(1-year term of office)
LIBRARY BOARD- YOUTH ADVISOR
2 Students
(1-year term of office)
PARKS AND RECREATION BOARD/CRDC
2 Citizens
(1-year term of office)
1 Alternate
(1-year term of office)
PLANNING AND ZONING COMMISSION
4 Citizens
(2-year term of office)
SPECIAL COUNSEL
To be determined (4 current members)
(2-year term of office)
DEPT: City Manager's Office
DATE: September 13, 2005
ITEM #: 11
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 LIT Industrial Texas Limited Partnership, described as Block 1, Lot 1 of the West Sandy Lake
Road Addition (31.57 acres) and located at the northeast corner of Sandy Lake Road and S.H. 121.
GOAL(S):
EXECUTIVE SUMMARY:
The Public Hearing notice was published in the Citizens Advocate on September 2, 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !LIT Industrial PH - 1 AR
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 13th day of September,
2005, at 7:00 P.M., to consider designation of the property
described as Block 1, Lot 1 of the West Sandy Lake Road
Addition(31.57 acres), located at the northeast corner of Sandy
Lake Road and S.H. 121, Coppell, Texas, LIT Industrial Texas
Limited Partnership 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 September 2, 2005
PUBLIC NOTICE 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).
DEPT: City Manager's Office
DATE: September 13, 2005
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance designating LIT Industrial Texas Limited Partnership, Reinvestment Zone No.
45, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on
September 13, 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !LIT Industrial Ord - 1 AR
1
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 45 (LIT INDUSTRIAL); 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. 45 (LIT Industrial).”
2
SECTION 3.That the property within Reinvestment Zone No. 45 is eligible for
commercial-industrial tax abatement effective on January 1, 2006.
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:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: City Manager's Office
DATE: September 13, 2005
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and LIT
Industrial Texas Limited Partnership, 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
September 13, 2005. The Coppell Economic Development Committee unanimously recommended approval of
this abatement agreement request on May 5, 2004.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !LIT Industrial Res - 1 AR
1 74912
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 LIT INDUSTRIAL TEXAS LIMITED
PARTNERSHIP; 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 LIT Industrial Texas Limited Partnership, 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 74912
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
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 1 74024
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 LIT Industrial Texas Limited Partnership (“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. 45 (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 leases, or is under contract to lease, the real property described in
Exhibit “A” (“Land”) and pursuant to that ground lease will be the owner of certain Improvements
(hereinafter defined) to be constructed thereon; 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
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
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 2 74024
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).
“Effective Date” shall mean the last date of execution of this Agreement.
“Commencement of Construction” shall mean shall mean that (i) the construction
plans for 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 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
Improvements; and (ii) a final certificate of occupancy has been issued for the Owner’s
occupancy for 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 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.
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 3 74024
“First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of issuance of the final certificate of occupancy for the Owner’s
occupancy of the Improvements, unless otherwise agreed by the parties.
“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 mean the contemplated improvements to be constructed on
the Land and as further described herein, and any Owner additions or expansions
constructed on the Land during the term of this Agreement.
“Premises” shall collectively mean the Land and Improvements but excluding
Tangible Personal Property.
“Taxable Value” means the appraised value as certified by the Appraisal District as
of January 1 of a given year.
“Land” means the real property described in Exhibit A attached hereto and
incorporated herein for all purposes.
Article II
General Provisions
2.1 The Owner leases or is under contract, to lease the Land, which Land is located
within the city limits of the City and owns the Improvements to be constructed thereon.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
2.4 The Premises are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
Article III
Tax Abatement Authorized
3.1 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.
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 4 74024
3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable
Value for the Improvements, excluding the Land, is at least Ten Million Dollars ($10,000,000) as of
January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this
Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of
the Taxable Value of the Improvements for a period of five (5) consecutive years. The actual
percentage of Taxable Value of the Improvements subject to abatement for each year this
Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that
exceeds the Base Year Taxable Value.
3.3 The period of tax abatement for the Improvements herein authorized shall be for a
period of five (5) consecutive years.
3.4 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 on land,
inventory and supplies.
Article IV
Improvements
Owner lease, or is under contract to lease, the Land and pursuant to the ground lease for the
Land owns a office/warehouse building containing approximately 604,800 square feet of space to be
constructed on the Land (and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed with the City from time to time in order to
obtain a building permit) (“Improvements”). Nothing in this Agreement shall obligate Owner to
lease the Land or to cause the Improvements to be constructed on the Land but said actions are a
condition precedent to Owner’s tax abatement pursuant to this Agreement.
Article V
Construction of Improvements
5.1 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 Improvements to occur within twelve (12) calendar months after the Effective
Date, and to cause Completion of Construction of the shell portion of the Improvements to occur
within twenty-four (24) 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).
5.2 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
Improvements shall be used only as an office/warehouse building for a period of five (5) years
commencing on the date the final certificate of occupancy is issued for Owner’s occupancy for
the Improvements.
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 5 74024
5.3 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 VI
General Requirements
6.1 Construction plans for the Improvements constructed on the Land to be filed with
the City, shall be deemed to be incorporated by reference herein and made a part hereof for all
purposes.
6.2 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.
6.3 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.
Article VII
Default: Recapture of Abated Tax
7.1 In the event Owner: (i) fails to cause Commencement of Construction and/or
Completion of Construction of the Improvements in accordance with this Agreement or in
accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem
or sales taxes owed to the City (provided 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 Owner’s property the subject of this Agreement, 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 Owner’s property, the subject of this Agreement,
and shall become due, owing and shall be paid to the City within thirty (30) days after termination.
7.2 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
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 6 74024
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.
7.3 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.
7.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, and shall become due and
payable not later than thirty (30) days after a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Improvements, 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 VIII
Miscellaneous
8.1 Annual Application. 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.
8.2 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:
LIT Industrial Texas Limited Partnership
c/o Lion Industrial Trust
3141 Hood Street, Suite 700
Dallas, Texas 75219
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 7 74024
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.9 Recitals. The determinations recited and declared in the preambles to this
Agreement are hereby incorporated herein as part of this Agreement.
8.10 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.11 Chamber of Commerce. During the term of this Agreement, Owner agrees to
maintain continuous corporate membership in the Coppell Chamber of Commerce.
8.12 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.
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 8 74024
8.13 Conditions Precedent. The tax abatement herein and this Agreement is expressly
subject to and conditioned on:(i) the Land and the Improvements being listed separately in the name
of the owner of each described in a duly executed and recorded memorandum of lease and
instrument of title; and (ii) either the owner of Land or the owner of the Improvements filing with
the chief appraiser before May 1, 2006 a written request for separate taxation; (iii) the Central
Appraisal District approves the request for separate taxation; (iv) the qualification for separate
taxation remains in effect during the term of abatement herein: and (v) the Central Appraisal District
listing the Land in the name of the owner of the Land and listing the Owner as the owner of the
Improvements for separate taxation on the appraisal roll for ad valorem taxation pursuant to Tax
Code, Sections 25.04 and 25.08.
EXECUTED in duplicate originals 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
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 9 74024
EXECUTED in duplicate originals the ____ day of ________, 2005.
LIT Industrial Texas Limited Partnership, a Delaware
limited partnership
By: LIT-FTGP, L.L.C., a Delaware limited liability
company, its general partner
By: LIT Industrial Limited Partnership, a Delaware
limited partnership, its sole member
By: LIT Holdings GP, LLC, a Delaware
limited liability company, its sole general
partner
By: Lion Industrial Properties, L.P., a
Delaware limited partnership, its sole
member
By: LIT GP Sub, LLC, a Delaware
limited liability company, its
sole general partner
By: Lion Industrial Trust, a
Maryland real estate
investment trust, its sole
member and manager
By: ___________________
Name: John Thomas
Title: Vice President
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 10 74024
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 of Texas §
§
County of Dallas §
BEFORE ME, the undersigned authority, on this ___ day of _____________, 2005,
personally appeared John E. Thomas, in his capacity as Vice President of Lion Industrial Trust, a
Maryland real estate investment trust, sole member and manager of LIT GP Sub, LLC, a
Delaware limited liability company, sole general partner of Lion Industrial Properties, L.P., a
Delaware limited partnership, sole member of LIT Holdings GOP, LLC, a Delaware limited
liability company, sole general partner of LIT Industrial Limited Partnership, a Delaware limited
partnership, sole member of LIT-FTGP, L.L.C., a Delaware limited liability company, general
partner of LIT Industrial Texas Limited Partnership, a Delaware limited partnership, and upon
oath stated that he has read the foregoing document and has executed same in, for and on behalf
of said real estate trust, limited liability companies and limited partnerships.
___________________________________
Notary Public in and for Dallas
County, State of Texas
My Commission Expires:
__________________________________
LIT Industrial Limited Partnership Tax Abatement Agreement –PAGE 11 74024
Exhibit “A”
Legal Description of Land
To be attached
DEPT: Planning
DATE: September 13, 2005
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-186R7-LI, Duke-Freeport, zoning change request from PD-186R2-LI (Planned
Development-186 Revision 2-Light Industrial) to PD-186R7-LI (Planned Development-186 Revision 7-Light
Industrial), to amend the Planned Development to attach a Detail Site Plan to allow the construction of a 142,247-
square-foot building on Lot 2R1, Block A, and a 93,345-square-foot building on Lot 2R2, Block A, totaling 16.51
acres of property located at the northwest corner of Freeport Parkway and Bethel Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Provide dimensions and color specifications on elevation sheets.
2) More architectural detail needs to be incorporated on building elevations, including the consideration
of repeating the architectural feature at the southeast corner of the 93,000-square-foot building at the
northeast corner.
Agenda Request Form - Revised 09/04 Document Name: @1PD-186R7-LI 1-AR
Item # 4
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-186R7-LI, Duke-Freeport
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: Northwest corner of Freeport Parkway & Bethel Road
SIZE OF AREA: 16.51 acres of property
CURRENT ZONING: PD-186R2-LI (Planned Development-186 Revision 2, Light Industrial)
REQUEST: Amend Planned Development-186 to attach a Detail Site Plan allowing
construction of a 142,247-square-foot building on Lot 2R1, Block A,
and a 93,345-square-foot building on Lot 2R2, Block A, totaling 16.51
acres of property located at the northwest corner of Freeport Parkway
and Bethel Road.
APPLICANT: Duke Construction, L.P.
Bruce Barclay
5495 Belt Line Road, Suite 360
Dallas, TX 75254
(972) 361-6700
Fax: (972) 361-6800
HISTORY: Planned Development-186 has a long history in the City of Coppell.
Beginning in 2000, Duke has regularly constructed office/warehouse
buildings, and approval of this addition will basically close out the
western portion of the original 143-acre parcel.
Item # 4
Page 2 of 5
In the fall of 2000, Council approved a Conceptual Planned
Development allowing seven office/warehouse facilities on this
property. Also approved was a Final Plat allowing the construction
of Freeport Parkway from Bethel to Ruby Road.
In 2001 Council approved a series of plans dealing with tree
mitigation, signage, landscaping and decreased parking. Warehouse
use parking requirements were reduced from one space for each
1,000-square feet of warehouse to one space for each 5,000-square
feet. Additional monument signage was allowed and a tree
reparation/landscape plan was approved. An approximate 600,000-
square-foot warehouse was constructed now primarily housing a
book depository.
In 2002, a 160,000-square-foot facility was approved for U-Line,
Inc., and in 2003 construction of a 1,100,000-square-foot building
was approved for the Container Store.
In July of 2004, two more buildings were approved consisting of a
140,000-square-foot building now housing a bank back-office facility
and a 70,000-square-foot building currently being advertised for
lease.
TRANSPORTATION: Bethel Road is a two-lane asphalt street proposed to be a C4D, four-
lane-divided thoroughfare in 90 feet of right-of-way being designed
currently with construction estimated to begin in 2006. Freeport
Parkway is an improved C4D/6, four-lane-divided street, built to
standard within a 110-foot right-of-way. There is a Hike and Bike
easement on the western property line.
SURROUNDING LAND USE & ZONING:
North –office/warehousing; PD-186-LI (Planned Development, Light
Industrial)
South –Minyard’s office/warehouse; LI (Light Industrial)
East –vacant land; PD-186-LI (Planned Development, Light Industrial)
West –vacant land; PD-185-LI (Planned Development, Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial and showroom uses.
Item # 4
Page 3 of 5
DISCUSSION: When the original Concept Plan was submitted for this 143-acre property
in 2000, a total of 2,256,880-square feet of warehouse/office uses were
proposed. In subsequent years, revisions (reviewed in the HISTORY
section) reflect a total build-out of 2,358,598-square feet, or an increase of
102,000-square feet over the original concept. One area of increase
involves the case before you. Originally, there were to be two 92,000-
square-foot buildings constructed on these two parcels. The plans now
indicate 236,500-square feet of building replacing the 184,000-square feet
originally planned for this particular site, or an increase of 52,000-square
feet. Uses remain as office/showroom/warehousing. The buildings are
projected to comprise 30% office users and 70% warehouse users. The
westernmost building is shown to contain 143,200-square feet and the
building at the corner of Freeport and Bethel is proposed to contain
93,300-square feet. The buildings are sited as originally proposed,
parking is provided where shown on the 2000 Plan, (see HISTORY
section for the reduction in parking requirements to one parking space per
5,000-square feet of warehouse use), and landscaping is similar to the
earlier concept submittal. This increase in square footage could be
supported, provided all other requirements of our ordinances are followed,
including plant types, number of parking spaces, setbacks, building
materials, signage, etc. Normally, 20 feet of landscaping is required
between two buildings separated by a lot line. Since this is a PD, the 18
feet of landscaping shown (7’ plus 2’ for parking space overhang on each
side of the lot) is acceptable to staff and will be a PD condition. It is
interesting to note that if this project is approved, Duke will have
completed all proposed building on the west side of Freeport Parkway, a
total of over 600,000-square feet of office/warehouse use.
Because Bethel is one of the main access roads to our Old Coppell
Historic district, we had hoped more detailed buildings would have been
designed for this site. This proposal does tackle some of our concerns
regarding architectural design. Subtle things like more articulation in
building facades, additional landscaping along Bethel Road, berming to
soften building mass and additional fenestration would all work to
complement entering our Historic area. Although not a code requirement,
more detailed architectural design would have been preferred for these
two buildings. As stated above, the architect has made some effort to
address these issues, but additional deliberation is encouraged. The same
comments apply to the building at the intersection of Bethel and Freeport.
The northeast corner of this building would be much more attractive if it
(at least) repeated the same design form as the southeast corner.
Item # 4
Page 4 of 5
The Site Plan recognizes a proposed Hike/Bike Trail along the western
boundary of this property connecting into our trail system. Given the
proximity of this proposed Hike and Bike Trail, a screening wall along the
west side of the building on Lot 2R1 to screen the loading docks from the
future Hike and Bike Trail is being requested. The Engineering
Department is requesting that the cost of construction of the 8’ sidewalk
along Bethel be placed in escrow with the City. These funds will be used
to construct the Hike and Bike Trail.
The monument signage needs to be indicated on the Site Plan. The
applicant stated the desire to construct two monument signs (one on each
lot); however, they are not indicated on the Site Plan. If these signs
comply with the signage package submitted previously, we have no issue
with their inclusion.
The original submittal indicated two driveways onto Bethel Road. The
resubmittal for the Planning and Zoning Commission’s consideration
increased the number of driveways to four. While these driveways meet
the minimum driveway separation criteria, they appear to be excessive for
the two buildings proposed. The quantity and locations of these
driveways will be evaluated by the Engineering Department during full
engineering review.
If the applicant addresses these issues, as well as the concerns of other
departments, we can support this request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the following conditions:
1) The location and number of driveways on Bethel Road will be evaluated
during engineering review.
2) Monument signage needs to be shown on plans.
3) Provide a screening wall along the west side of the building on Lot 2R1 to
screen the loading docks from the future Hike and Bike Trail.
4) Provide dimensions and color specifications on elevation sheets.
5) More architectural detail needs to be incorporated on building elevations,
including the consideration of repeating the architectural feature at the
southeast corner of the 93,000-square-foot building at the northeast corner.
6) PD condition: a minimum of nine feet of landscaping (7’ plus 2’ for parking
space overhang) shall be provided between the buildings and the parking lot
to fulfill the perimeter landscape requirement parallel to the mutual lot lines of
these two lots.
Item # 4
Page 5 of 5
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. Original Conceptual Site Plan
2. Site, Tree, Landscape Plan and Elevations (seven sheets)
SOUTH ELEVATIONNORTH ELEVATIONWEST ELEVATIONEAST ELEVATIONFREEPORT BUSINESS PARKFREEPORT XIV08.31.05NOT TO SCALE
FREEPORT BUSINESS PARKFREEPORT XV08.09.05SOUTH ELEVATIONNORTH ELEVATIONWEST ELEVATIONEAST ELEVATIONNOT TO SCALE
DEPT: Planning
DATE: September 13, 2005
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Duke-Freeport Addition, Lots 2R1&2R2, Block A, Replat, being a replat of the
remaining portion of the original Lot 2, Block A, into Lots 2R1&2R2, totaling 16.51 acres of property located at
the northwest corner of Freeport Parkway and Bethel Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) Compliance with Engineering comments generated at the time of detailed engineering review.
Agenda Request Form - Revised 09/04 Document Name: @2Duke-Freeport Rpl. 1-AR
Item # 5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Duke-Freeport Addition, Lots 2R1&2R2, Block A, Replat
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: Northwest corner of Freeport Parkway & Bethel Road
SIZE OF AREA: 16.51 acres of property
CURRENT ZONING: PD-186R2-LI (Planned Development-186R2, Light Industrial)
REQUEST: Replat approval of the remaining portion of the original Lot 2, Block A,
into two lots totaling 16.51 acres of property located at the northwest
corner of Freeport Parkway and Bethel Road.
APPLICANT: Duke Construction, L.P.
Bruce Barclay
5495 Belt Line Road, Suite 360
Dallas, TX 75254
(972) 361-6700
Fax: (972) 361-6800
HISTORY: Planned Development-186 has a long history in the City of Coppell.
Beginning in 2000, Duke has regularly constructed office/warehouse
buildings, and the approval of this addition will basically close out
the western portion of this 143-acre parcel.
In the fall of 2000, Council approved a Conceptual Planned
Development allowing seven office/warehouse facilities on this
Item # 5
Page 2 of 3
property. Also approved was a Final Plat allowing the construction
of Freeport Parkway from Bethel to Ruby Road.
In 2001, Council approved a series of plans dealing with tree
mitigation, signage, landscaping and reduced parking. Warehouse
use parking requirements were reduced from one space for each
1,000-square feet of warehouse to one space for each 5,000-square
feet. Additional monument signage was allowed and a tree
reparation/landscape plan was approved. An approximate 600,000-
square-foot warehouse was constructed now primarily housing a
book depository.
In 2002, a 160,000-square-foot building was approved for U-Line,
Inc., and in 2003 construction of a 1,100,000-square-foot building
was approved for the Container Store.
In July of 2004, two more buildings were approved consisting of a
140,000-square-foot building now housing a bank back-office facility
and a 70,000-square-foot building currently being advertised for
lease.
TRANSPORTATION: Bethel Road is a two-lane asphalt street proposed to be a C4D, four-
lane divided thoroughfare in 90 feet of right-of-way being designed
currently with construction estimated to begin in 2006. Freeport
Parkway is an improved C4D/6, four-lane-divided street built to
standard within a 110-foot right-of-way. There is a Hike and Bike
easement adjacent to this property on the western boundary of this
property.
SURROUNDING LAND USE & ZONING:
North –office/warehousing; PD-186-LI (Planned Development, Light
Industrial)
South –Minyard’s office/warehouse; LI (Light Industrial)
East –vacant land; PD-186-LI (Planned Development, Light Industrial)
West – vacant land; PD-185-LI (Planned Development, Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial and showroom uses.
Item # 5
Page 3 of 3
DISCUSSION: This is a companion piece to the zoning change request at Freeport
Parkway and Bethel Road. As such, the applicant is requesting to replat a
remaining portion of Lot 2, Block A into two building sites. The eastern
lot (Lot 2R-2) is proposed to accommodate a 93,300-square-foot building,
and the western lot (Lot 2R-1) a 143,200-square-foot structure. Both are
proposed for office/showroom/warehouse uses, similar to the existing uses
within this light industrial area. Because the uses planned for these
replatted lots reflect those suggested by the Comprehensive Plan, are an
extension of the existing uses within the area and are compatible with
existing development, staff can support this request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this Replat, subject to the following condition:
1) Engineering Department Comment: Comments will be generated upon
detailed engineering review.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Replat
DEPT: Planning
DATE: September 13, 2005
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Parkwest Commerce Center, Lots 2R&3, Block 5, Replat, being a replat of Lot 2, Block
5, containing 14.84 acres of property located at the northwest corner of Beltline Road and Wrangler Drive, to allow
the sale of the undeveloped portion of this lot.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) Within six months of Council approval of this Replat, the 13 over-story trees shall be installed along
the western property line of Lot 2R.
Agenda Request Form - Revised 09/04 Document Name: @3PWCC Rpl. 1-AR
Item # 6
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Parkwest Commerce Center, Lots 2R&3, Block 5, Replat
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: NWC of Beltline Road and Wrangler Drive
SIZE OF AREA: 14.84 acres of property
CURRENT ZONING: LI (Light Industrial)
REQUEST: Replat approval of Lot 2, Block 5, containing 14.84 acres of property
located at the northwest corner of Beltline Road and Wrangler Drive,
into two lots to allow the sale of the undeveloped portion.
APPLICANT: Engineer: Owner:
Dennis Chovan Prentiss Properties
Halff Associates 2711 North Haskell, #2150
3801 Parkwood Blvd. #500 Dallas, TX 75204
Frisco, TX 75034 (214) 828-8875
(214) 346-6224 FAX: (214) 828-8801
FAX: (214) 217-6431
HISTORY: In January 1990, City Council approved a Preliminary Plat for
Parkwest Commerce Center, containing 350 acres. In 1996, a Replat
and Site Plan were approved for Lot 1 located at the southwest corner
of Belt Line and Airline (abutting subject property to the north) to
allow the construction of a 320,000-square-foot office warehouse. In
December of 1997, this same lot was replatted again, and a Site Plan
was approved for a 151,000-square-foot office building, which was
Item # 6
Page 2 of 4
constructed and is occupied by the IBM Call Center. In June 1998,
the Planning and Zoning Commission denied a Replat and Site Plan
for two buildings on Lot 2, Block 5, of the Park West Commerce
Center Addition (the subject tract) due to significant outstanding
conditions. The applicant revised and resubmitted the Site Plan
package and Replat and received approval from Council on
September 8, 1998, to construct two 104,000-square-foot buildings
on this lot. Since that time, the first building has been constructed,
and the sale of the remaining vacant land is the purpose of this
current replatting effort.
TRANSPORTATION: Belt Line Road is a six-lane divided thoroughfare, built within 120 feet of
right-of-way. Airline Drive is a four-lane undivided road, built within 60
feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North – IBM Call Center; LI (Light Industrial)
South – Office and office/warehouse; LI (Light Industrial)
East – North Lake; City of Dallas
West – Office/warehouse; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Light Industrial/Showroom uses.
DISCUSSION: As detailed above, this property has a fairly long history since being
preliminary platted in 1990. This is one of the few remaining undeveloped
parcels in the Park West Commerce Center Addition. The purpose of this
replat is to allow for the purchase of the western 6.1-acre tract for future
development. Although originally planned for a 104,000- square-foot
building, due to this replatting into two separate lots, the potential building
size on this lot has been reduced to approximately 86,345-square feet.
Given that the Site Plan was approved almost seven years ago (site plans,
if no building permit has been issued, expire in two years); the
configuration has been revised and the potential issues with utilities and
easements with being separate lots, this property will require Detail Site
Plan approval. A note to that effect has been added to both the Site Plan
and the Replat.
This Replat allows for the addressing of several issues discovered with the
existing Replat approved in 1998. First, all of the fire lanes need to be
Item # 6
Page 3 of 4
revised to be mutual access and fire lanes, given that they are now
separate lots. Further, these mutual access/fire lane easements need to be
extended over the existing and proposed driveways onto Belt Line Road
and Wrangler Drive. Although agreed to by the applicant, the submission
for Planning and Zoning Commission consideration did not indicate these
revisions; therefore, this will be a condition of approval.
There are currently private water and sewer lines serving the existing
development, as well as extended to the undeveloped lot to support the
development of an office/warehouse use. Ownership and maintenance of
these lines, once these are separate lots, needs to be defined. Therefore,
prior to filing this Replat, a private maintenance agreement for these
shared private utilities needs to be entered into and submitted to the
Engineering Department.
The final issue with this Replat concerns the provision of perimeter
landscaping. Given that these will be two separate lots, a minimum of 10
feet of landscaping is required along the mutual property line. The
applicant has positioned the new lot line to accommodate the 10 feet of
landscaping along the lot line of the existing developed tract. This 10-foot
landscaping will also be provided when the vacant parcel develops.
However, part of the perimeter landscape requirement is the provision of
one over-story tree per 50-linear feet of perimeter landscaping. Therefore,
13 trees are required on each side of the lot line. Considering that this
property is already developed, these trees will be required to be installed
within six months of Council approval of this Replat.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of Parkwest Commerce Center, Lots 2R&3,
Block 5, Replat, subject to the following conditions:
1) All mutual access/fire lane easements need to be extended over the existing
and proposed driveways onto Belt Line Road and Wrangler Drive.
2) Prior to filing of the Final Plat, a private maintenance agreement for these
shared private utilities needs to be entered into and submitted to the
Engineering Department.
3) Revise the Site Plan to indicate the name, species and size of the 13 over-story
trees proposed for the western property line of Lot 2R.
4) Within six months of Council approval of this Replat, the 13 over-story trees
shall be installed along the western property line of Lot 2R.
5) Revise the title block to read “Lots 2R & 3 Block 5, being a Replat of Lot 2
Block 5, Park West Commerce Center”.
Item # 6
Page 4 of 4
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Parkwest Commerce Center, Lots 2R&3, Block 5, Replat
2) Concept Site Plan for Lot 3
DEPT: Planning
DATE: September 13, 2005
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Vaughan Addition, Lot 1, Block A, Site Plan, to allow the construction of an approximate
220-square-foot porch in front of the existing structure and the addition of four parking spaces at 412 Bethel Road,
located on 1.28 acres of property along the north side of Bethel Road, approximately 170’ east of Mitchell Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended.
Agenda Request Form - Revised 09/04 Document Name: @4Vaughan SP 1-AR
Item # 7
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Vaughan Addition, Lot 1, Block A, Site Plan
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: 412 Bethel Road, (along the north side of Bethel Road, approx.
170’ east of Mitchell Road).
SIZE OF AREA: 1.28 acres of property
CURRENT ZONING: H (Historic)
REQUEST: Site Plan approval to allow the construction of an approximate 220-
square-foot porch in front of the existing structure and the addition of
four parking spaces.
APPLICANT: Applicant: Engineer:
Sharon Vaughan Matt Kostial
Vaughan Construction Oracle Engineering
2221 Mañana #100 7012 Lindsley Avenue
Dallas, Texas 75220 Dallas, Texas 75223
Tel.: (972) 432-8300 Tel.: (214) 321-1436
Fax: (972) 432-8850 Fax: (214) 853-9381
HISTORY: There has been recent planning activity in the immediate area which affects the
subject property, including the Old Coppell Master Plan, which was discussed and
accepted by City Council in April of 2002. On May 13, 2003, Council amended the
Land Use component of the 1996 Comprehensive Plan and enlarged the Historic
Overlay district, as proposed in the Old Coppell Master Plan and as recommended in
Item # 7
Page 2 of 4
April 2003 by the Planning Commission. Recently, the HO (Historic Overlay)
district, containing various base zonings, was changed to a straight H (Historic)
district, which includes Standards for Construction and Design Guidelines for Old
Coppell.
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable
width right-of-way. Freese and Nichols has prepared the construction
plans, which are now 90% complete, showing variable right-of-way
widths and approximately 28’ of pavement with angled parking along
the south, adjacent to this request. Construction is scheduled to begin
late 2006.
SURROUNDING LAND USE & ZONING:
North – Hunterwood Park; PD-119-H
South – vacant; PD-108R6-H & residential; H
East – substation; H
West – music school; H
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
a use allowed in the Historic district (office uses are
allowed).
DISCUSSION:Site Plan
This is a proposal to allow the construction of an approximate 220-square-
foot porch in front and the addition of four parking spaces on the side of
the existing structure. The applicant is presently renovating the interior
for her general contractor office.
There is a proposed 12’-wide drive, leading into the concrete parking area
to the west, where it will be widened to 14’ and will be located 10’ from
the west property line. This will allow adequate maneuvering distance for
cars to exit the area. An exception to the Subdivision Ordinance is needed
to accommodate this driveway width, as the minimum for commercial
development is 20’. This has been noted on the plat. Staff feels this is a
reasonable request due to this being a residential conversion and only
serving a few parking spaces. There are also four angled parking spaces
proposed with the improvements along Bethel Road. The applicant is
dedicating 950-sq. ft right-of-way to accommodate these improvements.
Item # 7
Page 3 of 4
Landscaping Plan and Tree Survey
The landscaping is in compliance with the requirements of the Historic
district. The applicant is screening the parking area with five Dwarf
Burford Hollies, three Japanese Barberries and three Bar Harbor Junipers.
Because the applicant is only developing the front portion of the lot, the
back open space was not included within the Tree Survey or Landscape
Plan. There are 13 existing trees on this front portion, and the applicant is
proposing to add two trees along Bethel Road. These are proposed to be
Lacebark Elms and will match with what has already been incorporated in
the Bethel Road Constriction Plans. There is a 27” Post Oak on the north
end of the parking row, and the applicant is proposing a Crape Myrtle on
the south end, fulfilling the interior landscaping requirement.
Elevations / Signage
The height of the proposed porch is 12’ and is in compliance with the
maximum allowable height of 35’. Staff has worked closely with the
applicant in the design of the porch cover and pergola. The proposed wood
and stone structure is 9.5’ long and 23.5’ wide and includes a gable with
the same pitch as the main structure and a pergola extending
approximately 4.5’ on each side from the end of the gable. Yellow is the
primary color with white as an accent. The stone is located at the base of
the columns and planter boxes. Modification to the existing structure is
minimal (a decorative gable removed from above the existing porch,
shutters will be painted black, windows replaced, and a handicap ramp
will be added to the rear entry).
The sign area depicted is 8” wide by 3’ long. The sign will read
“Vaughan Construction Inc.” and will be hanging from the proposed porch
structure. It is black painted wood and is proposed to have four-inch
white lettering. No monument sign is permitted.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the following condition:
1) Change note - “4" aluminum channel letters” to “4" letters painted white” on
the signage shown on the elevations.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
Item # 7
Page 4 of 4
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan/Tree Survey
3) Elevations
DEPT: Planning
DATE: September 13, 2005
ITEM #: 18
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Vaughan Addition, Lot 1, Block A, Minor Plat, to allow the construction of an
approximate 220-square-foot porch in front of the existing structure and the addition of four parking spaces at 412
Bethel Road, located on 1.28 acres of property, along the north side of Bethel Road, approximately 170’ east of
Mitchell Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) City Council approval of the exception to the 20’ minimum commercial drive requirement.
Agenda Request Form - Revised 09/04 Document Name: @5Vaughan MP 1-AR
Item # 8
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Vaughan Addition, Lot 1, Block A, Minor Plat
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: 412 Bethel Road, (along the north side of Bethel Road, approx.
170’ east of Mitchell Road).
SIZE OF AREA: 1.28 acres of property
CURRENT ZONING: H (Historic)
REQUEST: Minor Plat approval to allow the construction of an approximate 220-
square-foot porch in front of the existing structure and the addition of
four parking spaces.
APPLICANT: Applicant: Engineer:
Sharon Vaughan Matt Kostial
Vaughan Construction Oracle Engineering
2221 Mañana #100 7012 Lindsley Avenue
Dallas, Texas 75220 Dallas, Texas 75223
Tel.: (972) 432-8300 Tel.: (214) 321-1436
Fax: (972) 432-8850 Fax: (214) 853-9381
HISTORY: There has been recent planning activity in the immediate area which affects the
subject property, including the Old Coppell Master Plan, which was discussed and
accepted by City Council in April of 2002. On May 13, 2003, Council amended the
Land Use component of the 1996 Comprehensive Plan and enlarged the Historic
Item # 8
Page 2 of 3
Overlay district, as proposed in the Old Coppell Master Plan and as recommended in
April 2003 by the Planning Commission. Recently, the HO (Historic Overlay)
district, containing various base zonings, was changed to a straight H (Historic)
district, which includes Standards for Construction and Design Guidelines for Old
Coppell.
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable
width right-of-way. Freese and Nichols has prepared the construction
plans, which are now 90% complete, showing variable right-of-way
widths and approximately 28’ of pavement with angled parking along
the south, adjacent to this request. Construction is scheduled to begin
late 2006.
SURROUNDING LAND USE & ZONING:
North – Hunterwood Park; PD-119-H
South – vacant; PD-108R6-H & residential; H
East – substation; H
West – music school; H
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
a use allowed in the Historic district (office uses are
allowed).
DISCUSSION: This is a Minor Plat running concurrently with a Site Plan proposal to
allow the construction of an approximate 220-square-foot porch in front
and the addition of four parking spaces on the side of the existing
structure. The applicant is proposing to renovate the interior to a general
contractor office.
There is a proposed 12’-wide drive, leading into the concrete parking area
to the west, where it will be widened to 14’ and will be located 10’ from
the west property line. This will allow adequate maneuvering distance for
cars to exit the area. An exception to the Subdivision Ordinance is needed
to accommodate this driveway width, as the minimum for commercial
development is 20’. This has been noted on the plat. Staff feels this is a
reasonable request due to this being a residential conversion and only
serving a few parking spaces. There are also four angled parking spaces
proposed with the improvements along Bethel Road. The applicant is
dedicating 950-sq. ft right-of-way to accommodate these improvements.
Item # 8
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the following condition:
1) City Council approval of the exception to the 20’ minimum commercial drive
requirement.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Minor Plat
DEPT: Planning
DATE: September 13, 2005
ITEM #: 19
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of amending the Land Use Plan of the 1996 Comprehensive Master Plan from Neighborhood
Retail to Historic on 3.2 acres of property along the south side of Bethel Road, east of Freeport Parkway and a
zoning change for Case No. ZC-618(CH), including PD-211-S-1226, Hard Eight Pit Bar-B-Q Restaurant, with
Private Club, from R (Retail) to H (Historic), to expand and incorporate 3.2 acres of property along the south side of
Bethel Road, east of Freeport Parkway into the designated Historic district.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended.
Agenda Request Form - Revised 09/04 Document Name: @6LUP & ZC-618(CH) 1-AR
Page 1 of 3 Item # 9
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-618, OLD COPPELL
HISTORIC (H) DISTRICT BOUNDARY SHIFT
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: Along the south side of Bethel Road, east of Freeport Pkwy.
SIZE OF AREA: Approximately 3.2 acres
PROPOSED AMENDMENT TO THE 1996 COMPREHENSIVE LAND USE PLAN:
From Neighborhood Retail to Historic
CURRENT ZONING: R (Retail)
REQUEST: Place H (Historic) designation on the above-referenced zoning
district, resulting in an enlarged Historic district.
APPLICANT: City initiated Public Hearing
HISTORY: There has been recent planning activity in the immediate area which affects the
subject property, including the Old Coppell Master Plan, which was discussed and
accepted by City Council in April of 2002. On May 13, 2003, Council amended the
Land Use component of the 1996 Comprehensive Plan and revised and enlarged the
Historic Overlay district, as proposed in the Old Coppell Master Plan and as
recommended in April 2003 by the Planning Commission. Recently, the HO
(Historic Overlay) district, containing various base zonings, was changed to a
straight H (Historic) district, which includes Standards for Construction and Design
Guidelines for Old Coppell. A proposed restaurant has since been approved on the
Page 2 of 3 Item # 9
westernmost two acres of this proposed rezoning. It was designed under the
provisions of both the Retail and Historic districts.
TRANSPORTATION:Bethel Road is a two-lane asphalt road contained within a variable width
right-of-way. Freese and Nichols has prepared the construction
plans, which are now 90% complete, showing variable right-of-
way widths and approximately 28’ of pavement with angled
parking along the north side of Bethel Road, adjacent to this
request. Construction is scheduled to begin late 2006.
SURROUNDING LAND USE & ZONING:
North – vacant land; PD-186R2-LI (Planned Development Revision 2 - Light Industrial)
& residential (Single Family-12)
South – office/warehouse; LI (Light Industrial)
East – vacant land; PD-186-LI (Planned Development, Light Industrial)
West – Minyard’s office/warehouse; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
neighborhood retail uses.
DISCUSSION: This is a Planning Commission authorized public hearing to shift the
boundaries of the Historic district of Old Coppell to include 3.2 acres to
the west of the existing district along the south side of Bethel Road. This
will include the recently approved Hard Eight Restaurant (approximately
2 acres), which was designed under the assumption that it would be
included within the district, and the property between it and the current
Historic district (approximately 1 acre). According to FEMA, the majority
of this one-acre property is located in the Flood Plain, as depicted on the
attached map.
The request will also amend the Land Use component of the
Comprehensive Plan, which currently depicts this property as
Neighborhood Retail.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends approval of the Historic district being expanded to
include the 3.2 acres to the west along the south side of Bethel Road
and amending the Comprehensive Plan to include this area as Historic.
ALTERNATIVES:
Page 3 of 3 Item # 9
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) Existing Historic (H) Map
2) Proposed Historic District Boundary Shift
3) Flood Plain Map
4) Proposed Land Use Plan Amendment
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EXISTING HISTORIC DISTRICT
B E T H E L S C H O O L
MITCHELLCOPPELL ROADTARA C T
J
E
B
C
TMOSSY OAKS STSPANISH MOSS DRCT
PLANTATION DR
KAYE ST SADDLE T REE TRL CARRIAGE CT
DAKOTA LN
HARRIS DRCOUNTRY LNCOOPER LANE
SCOTT ST.PARISH PLCOZBY AVE.
BROOK LANE
ANDERSON AVEDILLARD LN DLLARD CT.HUNTERWOOD CTMELINDA STLYNN CTB R O C K ST
BETHEL ARMSTRLEXINGTON AVEE D M O N D S ON DR
STANTON
CT
ROSEMOUNT CT
PENFOLDS LNBENSON LN
FREEPORT PKWYCOPPELL ROADBURNS STREETHAMMOND STHEARTHSTONE LN
SOUTHW ESTERN BLVDLOCH LN ROAD
H
PD-197R-H
H
PD-119-
H
PD-108-H
HH
PD-188-H H
PD-197R-H
H
PD-206-H
PD-108-H
PD-108R5-H
H
PD-119-
H
H-S-1125R
PD-108-H
PD-108-
H
PD-186R2
PD-89
PD-186R
PD-108R
PD-108R2
PD-119
SF-12
PD-211-R
S-1226
LI
LI C
SF-9
PD-108R6-HR
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PROPOSED HISTORIC DISTRICT
B E T H E L S C H O O L
MITCHELLCOPPELL ROADTARA C T
J
E
B
C
TMOSSY OAKS STSPANISH MOSS DRCT
PLANTATION DR
KAYE ST SADDLE T REE TRL CARRIAGE CT
DAKOTA LN
HARRIS DRCOUNTRY LNCOOPER LANE
SCOTT ST.PARISH PLCOZBY AVE.
BROOK LANE
ANDERSON AVEDILLARD LN DLLARD CT.HUNTERWOOD CTMELINDA STLYNN CTB R O C K ST
BETHEL ARMSTRLEXINGTON AVEE D M O N D S ON DR
STANTON
CT
ROSEMOUNT CT
PENFOLDS LNBENSON LN
FREEPORT PKWYCOPPELL ROADBURNS STREETHAMMOND STHEARTHSTONE LN
SOUTHW ESTERN BLVDLOCH LN ROAD
H
PD-197R-H
H
PD-119-
H
PD-108-H
HH
PD-188-H H
PD-197R-H
H
PD-206-H
PD-108-H
PD-108R5-H
H
PD-119-
H
H-S-1125R
PD-108-H
PD-108-
H
PD-186R2
PD-89
PD-186R
PD-108R
PD-108R2
PD-119
SF-12
PD-211-H
S-1226
LI
LI C
SF-9
PD-108R6-HH
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200 0 200 Feet FREEPORT PKWYBETHEL ROAD
HAMMOND100 YEAR FLOOD PLAIN
CITY OF COPPELL
CAMILLE JURASZEK
HISTORIC DISTRICT
BOUNDARY SHIFT
B E T H E L S C H O O L R O A D
MITCHELLCOPPELL ROADHAWHAWKEN DR
PLANTATION DRSTEAMBOAT DR
TARA C T
J
E
B C
TMOSSY OAKS STSPANISH MOSS DRCT
PLANTATION DR
KAYE ST SADDLE T REE TRL CARRIAGE CT
DAKOTA LN
HARRIS DRCOUNTRY LNCOOPER LANE
SCOTT ST.PARISH PLCOZBY AVE.
BROOK LANE
ANDERSON AVEDILLARD LN DLLARD CT.HUNTERWOOD CTMELINDA STLYNN CTB R O CK ST
BETHEL RO
ARMSTRONG BLVDLEXINGTON AVEE D M O N D S ON DR
STANTON
CT
ROSEMOUNT CT
PENFOLDS LNBENSON LN
FREEPORT PKWYCOPPELL ROADBURNS STREETHAMMOND STHEARTHSTONE LN
SOUTHW ESTERN BLVD.LOCH LN ROAD
Flood Plain
Legend
Park Open Space
Public Institutional
Residential Low Density
Residential Medium Density
Residential High Density
Neighborhood Retail
Regional Retail
Mixed Use
Light Industrial Showroom
Freeway Office
Freeway Commercial
City Limit
County Line
Historic Overlay
Historic District Boundary Extension Future Land Use Map
From Neighborhood Retail to Historic
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DEPT: Planning
DATE: September 13, 2005
ITEM #: 20
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of a text change amendment to delete Article 26, Sections 12-26-0 through 12-26-7, HI (Heavy
Industrial) district and any other reference in Chapter 12, Zoning, of the Code of Ordinances.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended.
Agenda Request Form - Revised 09/04 Document Name: @7HI deletion 1-AR
Item # 10
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Text Amendment to delete the Heavy Industrial district
from the Zoning Ordinance
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
HISTORY: On July 12, 2005, City Council approved a City-initiated Called
Hearing to change the base zoning from HI (Heavy Industrial) to
LI (Light Industrial) for Special Use Permit-1036, allowing the
retention of the existing concrete batch plant on 5.5 acres of
property located at 601 S.H. 121, west of Ace Lane. The
Ordinance was adopted on August 9, 2005.
DISCUSSION: Staff recently reviewed the Zoning Ordinance and Zoning Map in
terms of land uses and zoning districts in which batch plants are
permitted and determined that the Heavy Industrial district permits a
wide variety of undesirable uses that would be inappropriate
anywhere within the City. Further, it was discovered that only one
property in the City was zoned Heavy Industrial. As discussed in the
HISTORY section of this report, this property was recently rezoned
to Light Industrial to allow for this action, which is the elimination of
the HI (Heavy Industrial) zoning district, in its entirety, from the
Zoning Ordinance.
The complete list of proposed deletions from the Zoning Ordinance is
listed in Exhibit “A”. This includes the deletion of the district, all
uses permitted only by Special Use Permit, which include: Blast
furnace; Coke ovens; Cotton gins; Distillation of bones, Coal or
wood and glue manufacture; Fat rendering; Hatchery; Oiled rubber
goods manufacture; Pickle manufacturing; Sauerkraut manufacture;
Smelting of tin, copper, zinc, or iron ores and other metals, and Stock
Item # 10
Page 2 of 2
yard or slaughter of animals or fowls. In addition, references to this
district in the Sign, Landscaping, Screening Regulations, etc., also
need to be deleted.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the deletion of the Heavy Industrial
district, in its entirety, and all references to that district from the Zoning
Ordinance.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Exhibit “A” - PROPOSED DELETIONS TO CHAPTER 12, ZONING OF THE
CODE OF ORDINANCES OF THE CITY OF COPPELL
Page 1 of 5
PROPOSED DELETIONS TO CHAPTER 12, ZONING OF THE
CODE OF ORDINANCES OF THE CITY OF COPPELL
Chapter 12 ZONING* (Table of Contents)
Article 26. "HI" Heavy Industrial District
ARTICLE 3. ZONING DISTRICTS ESTABLISHED
Sec. 12-3-1. Districts established.
HI -Heavy Industrial District
Sec. 12-3-2. Definition and purpose of zoning districts.
HI - Heavy Industrial District. This district provides for the location of enterprises that tend to
emit odors, noises, dust and vibrations and that are least compatible with other uses.
Sec. 12-29-1. Definitions.
Zoning district, business: means any zoning district designated by this ordinance as O, R, C, TC,
or LI or HI. Any PD district with the previous listed zoning prefix is also included in this list,
unless specifically excluded by its provisions.
ARTICLE 26. "HI" HEAVY INDUSTRIAL DISTRICT (DELETE IN ITS ENTIRETY)
Sec. 12-26-0. General purpose and description.
The "HI", heavy industrial district is intended to provide for basic and heavier manufacturing uses
than may be inappropriate in the "LI" district.
(Ord. No. 91500-A-129)
Sec. 12-26-1. Use regulations.
Any building or premises may be used for any purpose, including the below enumerated uses
unless otherwise prohibited by other ordinance or laws; provided, however, that no building shall
be erected, reconstructed, or structurally altered for residential purposes.
1. Any use permitted in the LI district.
2. Any uses permitted by special use permit, section 12-30-13.
3. Technology equipment facility.
(Ord. No. 91500-A-129; Ord. No. 91500-A-318, § 5, 3-19-02; Ord. No. 91500-A-334, §
4, 8-13-02)
Sec. 12-26-2. Height regulations.
Height regulations will be:
Office or industrial use--none except limited to 35 feet on any portion of the site within
150 feet of property zoned or used for A, SF-ED, SF-18, SF-12, SF-9, SF-7, 2F-9, TH-1,
TH-2, MF-1 or MF-2. (Ord. No. 91500-A-129)
Sec. 12-26-3. Area regulations.
1. Minimum size of yards:
(A) Front yard: 60 feet along major thoroughfares. 30 feet on all other streets. No
parking or loading shall be permitted within 30 feet of the right-of-way.
(B) Side yard: Ten feet unless adjacent to property in a residential district; then a
minimum of 50 feet shall be observed.
(C) Rear yards: Five feet unless adjacent to property in a residential district; then a
minimum of 50 feet shall be observed.
(D) For structures requiring railroad access, setback requirements from the centerline
of the railroad right-of way shall be in accordance with applicable State laws.
2. Minimum size of lot:
Page 2 of 5
(A) Lot area: 5,000 square feet.
(B) Lot width: 50 feet.
(C) Lot depth: None.
3. Lot coverage: In no case shall more than 50 percent of the lot area be covered by the
main building and accessory buildings. An additional ten percent coverage is allowed for
parking structures.
4. Floor area ratio: Maximum F.A.R. 2.0 to 1 (See Illustration No. 15) (Ord. No. 91500-A-
129)
Sec. 12-26-4. Parking regulations.
Required off-street parking shall be provided in accordance with the special uses set forth in
article 31. In addition, no parking or loading shall be allowed within 30 feet of the front property
line. (Ord. No. 91500-A-129)
Sec. 12-26-5. Type of construction.
Exterior wall construction in districts permitting non-residential uses shall be of such material
that is required to conform with the City of Coppell Building Code for the particular non-
residential use or occupancy involved. All structures shall be 80 percent masonry exterior
exclusive of doors and windows. Glass may be counted in place of masonry. Stucco is permitted.
Concrete block type exterior is permitted by special use permit only.
1. Exterior wall surfaces should consist of no more than three earth tone colors. The
base color may be utilized on up to 80 percent of the surface area of any one facade of a
building. An accent color may be used on up to 1 percent of the surfaces area of any one
facade. For calculations purposes, wall surfaces should include eaves, gables and
parapets, but should exclude roofs, awnings or signs.
2. Where walls exceed 100 feet in length, additional architectural accents must be
included to break up the expanse of the wall. These may include items such as reveals,
windows, and wall articulations, among others.
(Ord. No. 91500-A-129; Ord. No. 91500-A-319, § 5, 3-19-02)
Sec. 12-26-6. Landscape requirements.
Landscape areas shall be provided according to article 34. (Ord. No. 91500-A-129)
Sec. 12-26-7. Open storage.
Areas used for open storage shall be screened according to subsection 12-33-1 5., and shall be
confined to the rear two-thirds of the lot. (Ord. No. 91500-A-129)
ARTICLE 29. SIGN REGULATIONS
Sec. 12-29-1. Definitions.
Zoning district, business: means any zoning district designated by this ordinance as O, R, C, TC,
or LI or HI. Any PD district with the previous listed zoning prefix is also included in this list,
unless specifically excluded by its provisions.
Sec. 12-29-4.3. Provisions for business zoning districts.
(D) Industrial zoned property: Buildings located within an area zoned LI or HI are
permitted to have attached signs as follows:
ARTICLE 30. S OR SUP, SPECIAL USE PERMITS
Sec. 12-30-13. "HI" heavy industrial.
1. Airport, (Public or private).
2. Acetylene gas manufacture or storage.
3. Acid manufacture.
4. Alcohol manufacture.
5. Ammonia, bleaching powder or chlorine manufacture.
6. Arsenal.
Page 3 of 5
7. Asphalt manufacture or refining.
8. Blast furnace.
9. Bag cleaning, unless clearly accessory to the manufacture of bags.
10. Boiler works.
11. Brick, tile pottery or terra cotta manufacture other than the manufacture of
handcraft of concrete products.
12. Candle manufacture.
13. Celluloid manufacture or treatment.
14. Cement, lime, gypsum, or plaster of paris manufacture.
15. Central mixing plant for concrete mortar, plaster, or paving materials.
16. Coke ovens.
17. Cotton gins.
18. Cotton seed oil manufacture.
19. Creosote manufacture or treatment.
20. Disinfectants manufacture.
21. Distillation of bones, coal or wood and glue manufacture.
22. Exterminator and insect poison manufacture.
23. Emery cloth and sand paper manufacture.
24. Explosives or fireworks manufacture or storage.
25. Fat rendering.
26. Fertilizer manufacture.
27. Fish smoking and curing.
28. Forge plant.
29. Gas manufacture or storage, for heating or illuminating.
30. Gasoline service station.
31. Glue, size or gelatin manufacture.
32. Hatchery.
33. Iron, steel, brass or copper foundry or fabrication plant.
34. Junk, iron or rag storage or baling. Metal or aluminum exterior siding on
buildings.
35. Match manufacture or processing.
36. Oil cloth or linoleum manufacture.
37. Oiled rubber goods manufacture.
38. Paint, oil, shellac, turpentine or varnish manufacture.
39. Paper and pulp manufacture.
40. Petroleum or its products, refining or wholesale storage of same, and bulk tank
storage.
41. Pickle manufacturing
42. Planing mills.
43. Potash works.
44. Pyroxline manufacture.
45. Rock crusher.
46. Rolling mill.
47. Rubber or gutta-percha manufacture or treatment but not the making of articles
out of articles of rubber.
48. Sauerkraut manufacture.
49. Salt works.
50. Shoe polish manufacture.
51. Smelting of tin, copper, zinc, or iron ores and other metals.
52. Soap manufacture other than liquid soap.
53. Soda and compound manufacture.
Page 4 of 5
54. Stock yard or slaughter of animals of fowls.
55. Stone mill or quarry.
56. Stove polish manufacture
57. Tallow grease or lard manufacture or refining from or of animal fat.
58. Tanning, curing or storage of raw hides or skins.
59. Tar distillation or manufacture.
60. Tar roofing or water proofing manufacture.
61. Tobacco (chewing) manufacture or treatment.
62. Vinegar manufacture.
63. Wrecking and junk yards, only on the condition that the premises upon which
such activities are conducted are wholly within a building or by a solid fence no
less than eight feet in height.
64. Yeast plant.
65. Salvage or reclamation of products.
66. Auto wrecking yard.
(Ord. No. 91500)
Sec. 12-30-14. Business use within residential structures.
2. The term "zoned for business use" as that term is used in the definition of
"business use with residential structure" shall mean any zoning classification of
the comprehensive zoning ordinance which permits a business or commercial use
including the O, R, C, or LI, HI or any business classification within any PD
district.
Sec. 12-30-16. Restaurant.
A restaurant, as that term is used in this section, shall mean any establishment or club that
provides regular food service to the general public or to club members and their guests.
A restaurant shall be permitted only by special use permit in the "O" office, "R" retail,
"HC" highway commercial, "C" commercial, "TC" town center, or "LI" light industrial
or "HI" heavy industrial districts, or by special use permit within such districts which
are a part of a planned development district.
ARTICLE 32. SPECIAL AND ADDITIONAL REGULATIONS
Sec. 12-32-5. Special height regulations.
4. Within all districts except the "O" office, "HC" highway commercial, "TC" town center,
and "LI" light industrial and "HI" heavy industrial districts, the height of a flagpole, as
measured from the top of the flagpole to the ground, shall not exceed 35 feet. Within the
"O" office, "HC" highway commercial, "TC" town center, and "LI" light industrial and
"HI" heavy industrial districts, the height of a flagpole, as measured from the top of the
flagpole to the ground, may be greater than 35 feet.
ARTICLE 32A. WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS
Sec. 12-32A-6. Special use permits in the "LI" light industrial district and "HI" heavy industrial
district.
(A) General: The following provisions shall govern the grant of special use permits
for towers or antennas by the city council and the recommendation of the
planning and zoning commission:
Page 5 of 5
If the tower or antenna is not a permitted use under section 12-32A-4 or
permitted to be approved administratively pursuant to section 12-32A-5, then a
special use permit shall be required for the construction of a tower or the
placement of an antenna in "LI" light industrial district or "HI" heavy
industrial district, as defined in the comprehensive zoning ordinance.
ARTICLE 33. SCREENING STANDARDS
Sec. 12-33-1.8 Location of required screening.
F) In the light and heavy industrial zoned districts, where the site is not adjacent to
a residential zoned district or a residential use screening walls shall be
constructed of a masonry material and design that is compatible with the adjacent
building.
ARTICLE 41. BOARD OF ADJUSTMENT
Sec. 12-41-3. Powers and duties of board.
(E) To determine whether an industry should be permitted within district "LI", light
industrial, and district "HI", heavy industrial, because of the methods by which
it would be operated and because of its effect upon uses within surrounding
zoning districts.
DEPT: Planning
DATE: September 13, 2005
ITEM #: 21
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Article 30, Sections 12-
30-4, A (Agricultural) district; 12-30-5, SF-ED (Single Family Estate District); and 12-30-12, LI (Light Industrial)
district, to require a Special Use Permit for a temporary batch plant maintained in excess of one hundred and
eighty (180) days.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: August 18, 2005
Decision of P&Z Commission: Approval (6-0) with Commissioners Hall, McCaffrey, Foreman,
Milosevich, Kittrell and Reese voting in favor. None opposed.
Approval is recommended.
Agenda Request Form - Revised 09/04 Document Name: @8TA re 90 to 180 days 1-AR
Item # 11
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Text Amendment to extend the time permitted for a
Temporary Concrete Batch Plant from 90 to 180 days
P & Z HEARING DATE: August 18, 2005
C.C. HEARING DATE: September 13, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
DISCUSSION: A temporary concrete batch plat, for a period of less than 90 days, is
currently permitted in any district. A Special Use Permit is required for a
temporary batch plant exceeding 90 days in the A (Agricultural), SF-ED
(Single-family Estate District) and LI (Light Industrial) districts. The purpose
of this text amendment is to allow for the extension of the time permitted for
temporary concrete batch plants from 90 to 180 days.
The proposed extension to a 180-day time period is in compliance with the
Texas Commission on Environmental Quality (TCEQ) regulations, as
amended in July of 2003, where a temporary batch plant is permitted less
than 180 days, subject to various regulations, including site production
standards, dust control regulations and other environmental issues. The City
routinely requests copies of the pertinent TCEQ applications and permits as
part of the City’s approval process to assure compliance with state
regulations. A discussion with a recent applicant confirmed that the 180-day
time period was reasonable for a single project in the scale and size of
developments in the Coppell area.
There are three references requiring Special Use Permits for temporary
concrete batching plants in the Code of Ordinances, all located in Chapter
12, Zoning, which are proposed to be amended as follows:
Sec. 12-30-4. "A" agricultural district.
11. Batching plant. (Temporary.) Temporary batching plant for
any period in excess of 180 days.
Item # 11
Page 2 of 2
Sec. 12-30-5. "SF-ED" single family estate district.
15. Temporary batching plant for any period in excess of 90 180 days.
Sec. 12-30-12. "LI" light industrial.
14. Concrete or asphalt batching plant on temporary basis for any
period in excess of 90 180 days.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendments to Chapter 12 of the
Code of Ordinances to extend the time permitted for temporary concrete
batch plants from 90 to 180 days.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
Item 23 was added to the packet after its completion and reads as
follows:
Consideration of an Interlocal Agreement with the City of University Park,
Texas to provide evacuee relief services in conjunction with Metrocrest Social
Services and authorizing the Mayor to sign.
DATE: September 13, 2005
ITEM #: 22
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: Septembeer 13, 2005
ITEM #: 23
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Hurricane Katrina Relief Efforts.
C. Report by Mayor Stover regarding Half-cent Sales Tax Election.
D. Report by Mayor Pro Tem Brancheau regarding Grapevine Stompfest Contest.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: September 13, 2005
ITEM #: 24
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: September 13, 2005
Department Submissions:
Item No. 7/C 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 No. 7/E was placed on the Agenda for the above-referenced City
Council meeting by the Parks Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Parks Department
Item Nos. 7/F, 14, 15, 16, 17, 18, 19, 20 and 21 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