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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. ag091305 Page 1 of 6 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. ag091305 Page 2 of 6 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 ag091305 Page 3 of 6 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 ag091305 Page 4 of 6 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 ag091305 Page 5 of 6 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. ag091305 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2005 Economic Development • Continue "Hot Spot" focus • Develop strategy for use or sale of city-owned property • Study revenue enhancement options • Develop comprehensive Old Town strategy • Entice Dallas County Community College District to locate satellite facility in Coppell • Continue focus on vacant retail revitalization Quality Public Facilities & Infrastructure • Study continued use of ½-cent sales tax for park purposes • Develop permanent funding for IMF • Continue focus on local and regional transportation efforts • Provide quality park and recreation activities for all Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Explore municipal/ISD service synergies • Develop methods to enhance communication and citizen involvement Sense of Community • Develop comprehensive Old Town strategy • Finalize cemetery issue • Develop and support community special events and programs • Develop and support activities for teens • Continue development of trails throughout the community Fiscal Stability • Continue and improve financial planning and forecasting • Continue systematic management and reduction of debt • Balance expenditure decisions with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Work to protect sales tax base from Streamlined Sales Tax initiative Neighborhood Integrity & Code Enforcement • Maintain communications with neighborhoods and the community • Update the Master Plan and Zoning as required • Introduce a more proactive neighborhood integrity approach Safe Community • Maintain and improve existing excellent level of service • Continue focus on Homeland Security • Provide quality public safety education programs • Enhance traffic/speed control efforts DATE: 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 CM080905 Page 1 of 13 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. CM080905 Page 2 of 13 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. CM080905 Page 3 of 13 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 CM080905 Page 4 of 13 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. CM080905 Page 5 of 13 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. CM080905 Page 6 of 13 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. CM080905 Page 7 of 13 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. CM080905 Page 8 of 13 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. CM080905 Page 9 of 13 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 CM080905 Page 10 of 13 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. CM080905 Page 11 of 13 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. CM080905 Page 12 of 13 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. CM080905 Page 13 of 13 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 Page 1 of 11 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. CM082305 Page 2 of 11 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. CM082305 Page 3 of 11 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. CM082305 Page 4 of 11 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. CM082305 Page 5 of 11 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. CM082305 Page 6 of 11 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. CM082305 Page 7 of 11 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. CM082305 Page 8 of 11 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 Page 9 of 11 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. CM082305 Page 10 of 11 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. CM082305 Page 11 of 11 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. CM083005 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. CM083005 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 2 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 3 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 4 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) 1 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 2 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. 3 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 4 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. 5 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 6 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. 7 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. 8 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. 9 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. 10 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 N EW S 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 N EW S 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 N EW S 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 N EW S 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