CP 2005-12-13
NOTICE OF CITY COUNCIL MEETING AND AGENDA
DECEMBER 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)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, December 13, 2005, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. 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 and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Discussion regarding property west of Park and south of
Bethel.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Community WI-FI Status.
B. Discussion regarding West Sandy Lake Road Construction.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Presentation by County Commissioner Ken Mayfield regarding roadway
projects.
8. Visual presentation highlighting the City of Coppell 50th Birthday
Celebration on October 29, 2005.
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ITEM # ITEM DESCRIPTION
9. Report by Parks and Recreation Board.
10. Citizens' Appearances.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 3, 2005
November 8, 2005
November 17, 2005.
B. Consider approval of amending and restating the Tax Abatement
Agreement by and between the City of Coppell, Texas Dugan LP
and J.P. Morgan Chase Bank dated December 14, 2004, and
authorizing the Mayor to sign.
C. Consider approval of a proposal from Dallas County, operating
under a previously approved City/County Agreement, to repair and
overlay the asphalt paving in the Northlake Woodlands Subdivision,
Phase 6, and portions of Phases 4 and 7, with Dallas County
furnishing labor, materials and equipment to perform the work; and
authorizing the City of Coppell to pay $83,813.23, as budgeted in
the IMF.
D. Consider approval of awarding Bid/Contract # Q-1005-01 for
Electrical Services in two parts: part one to Pat Dillahey Electric for
General Electrical Services; and part two to Groves Electrical
Service, Inc. for Ballfield Lighting Services, as budgeted; and
authorizing the City Manager to sign.
E. Consider approval for the purchase of two HVAC chillers from Trane
to replace the existing rooftop units at Town Center, in the total
amount of $58,683.00, as budgeted; and authorizing the City
Manager to sign.
F. Consider approval of extending Bid/Contract #Q-0101-03 for the FY
2005-06 Sidewalk Repair Program to Quantum Contracting, Inc. in
an amount of $100,000, as budgeted in the Infrastructure
Maintenance Fund.
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ITEM # ITEM DESCRIPTION
G. Consider approval to enter into a contract with Siemens Building
Technologies to install the HVAC chiller equipment at Town Center
in the amount of $59,825.00, as budgeted; and authorizing the City
Manager to sign.
H. Consider approval of extending Bid/Contract #Q-0402-01 for the FY
2005-06 Reinforced Concrete Pavement Repair Program to
Pavement Services Corporation in an amount of $400,000, as
budgeted in the Infrastructure Maintenance Fund.
I. Consider approval of a resolution authorizing the City of Coppell to
enter into a Master Agreement governing local transportation
project advance funding agreements with the State of Texas,
acting by and through the Texas Department of Transportation; and
authorizing the Mayor to sign.
J. Consider approval of an Ordinance amending the Code of
Ordinances by amending Chapter 5, Article 5-1, Sections 5-1-5(C)
and (D), 5-1-10(B) and (F), 5-1-11(C), 5-1-12(A) and (C), 5-1-13(A), 5-
1-14, 5-1-15(A), and 5-1-17, and Article 5-2, Section 5-2-1, to replace
the term "Statement of Facts" with "Reporter's Record" and the term
"Transcript" with "Clerk's Record", and authorizing the Mayor to sign.
K. Consider approval to purchase one (1) Pierce Saber Heavy Duty
Rescue, to support the Fire Department trench rescue program, off
of the current HGAC contract JDCABA from Martin Apparatus in the
amount of $325,000.00 with grant funds as delineated in Homeland
Security Grant Program (HSGP) Sub-Award Number: 2005 HSGP –
16612, and authorizing the City Manager to execute all appropriate
documents.
L. Consider approval of an Ordinance for Case No. PD-197R2-H, Old
Coppell Townhomes, zoning change from PD-197R-H (Planned
Development-197 Revised-Historic) to PD-197R2-H (Planned
Development-197 Revision 2-Historic) to attach Detail Site Plans for
Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to allow the
development of two single-family homes, each on approximately
0.10 of an acre of property along Mobley Way, and authorizing the
Mayor to sign.
M. Consider approval of a 3 year contract renewal with Clear
Technologies for the continued lease and maintenance of the C2
Citizen Relationship Management (CRM) software application and
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ITEM # ITEM DESCRIPTION
associated hardware in the amount of $99,434.00, as budgeted;
and authorizing the City Manager to sign.
END OF CONSENT
12. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is the
property owned by Historic Coppell Properties Inc., described as Lot 1,
Block 1of the Historic Coppell Properties Addition (1.636 acre) and located
south of Bethel Road, approximately 185 feet east of Coppell Road.
13. Consider approval of an Ordinance designating Historic Coppell
Properties Inc., Reinvestment Zone No. 48, and authorizing the Mayor to
sign.
14. 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 Majestic-Park West Partners, L.P., a Delaware limited
partnership and Northwestern Mutual Life Insurance Company, a Wisconsin
corporation, described as Block 2, Lot 2R-2 of Park West Commerce
Center (16.800 acres) and located at the northwest corner of Belt Line
Road and Airline.
15. Consider approval of an Ordinance designating Majestic Park West
Partners L.P. and the Northwestern Mutual Life Insurance Company,
Reinvestment Zone No. 47, and authorizing the Mayor to sign.
16. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell, Majestic Park West Partners LP
and the Northwestern Mutual Life Insurance Company, and authorizing the
Mayor to sign.
17. PUBLIC HEARING (continuation):
Consider approval of Case No. PD-103R2(CH), Lake Park Addition, a City-
initiated Public Hearing to consider amending PD-103 (Planned
Development-103) to increase the maximum building height from one- to
two-and-a-half-stories (35 feet) on Lots 1-11, Block A, of the Lake Park
Addition located along the south side of Glen Lakes Drive (623 to 663 Glen
Lakes Drive).
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ITEM # ITEM DESCRIPTION
18. PUBLIC HEARING:
Consider approval of Case No. S-1228R-C, Coppell Montessori Academy,
zoning change request from S-1228-C (Special Use Permit-1228-
Commercial) to S-1228R-C (Special Use Permit-1228 Revised-Commercial),
to amend the Site Plan to allow the construction of an approximate 240-
square-foot greenhouse as an ancillary use to the private school on 1.68
acres of property located along the north side of Fitness Court,
approximately 250-feet west of Denton Tap Road.
19. PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zoning, of the
Code of Ordinances, Sections 12-24-6.4 and 6.5, regarding the deletion of
the references to the establishment of an architectural review board and
a merchants association for all properties located in the Town Center
district.
20. Consider approval of the Dobecka Addition, Phase II, Lots 1&2, Block B,
Minor Plat, to allow the platting of two residential lots on 0.896 of an acre
of property located at the southeast corner of Sandy Lake Road and
Dobecka Drive.
21. Consider approval of the Park West Commerce Center, Lot 1, Block 5, Site
Plan Amendment, to allow the construction of a dock door and loading
area, with a revised Landscape Plan, for the northeast corner of the
existing building on 14.28 acres of property located at the southwest
corner of Beltline Road and Airline Drive.
22. Consider approval of the Beltline Trade Center, Lot 1, Block 2, Site Plan, to
allow the development of an approximate 23,336-square-foot
office/warehouse building on approximately three acres of property
located along the north side of Beltline Road, approximately 3,000 feet
east of North Lake Drive.
23. Consider approval of the Beltline Trade Center, Lot 1, Block 2, Minor Plat,
to allow the development of an approximate 23,336-square-foot
office/warehouse building on approximately three acres of property
located along the north side of Beltline Road, approximately 3,000 feet
east of North Lake Drive.
24. Consider approval of the West Sandy Lake Road Addition, Lot 1, Block 1,
Site Plan Amendment, to allow the construction of a combination of
decorative metal and chain link fencing along the northern, eastern and
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ITEM # ITEM DESCRIPTION
western property lines of 31.4 acres of land located at 944 W. Sandy Lake
Road.
25. Consider approval of a plan of external areas close by or contiguous to
the City boundaries as a planning element to the Comprehensive Master
Plan, as recommended by the Planning Commission, acting as a Citizen
Advisory Committee to the City Council.
26. Consider approval of awarding Bid/Contract # Q-1105-01 to Tiseo Paving
for the construction of the West Sandy Lake Road, Phase 1 project, in an
amount of $4,161,787 (base bid $3,961,787 + potential bonus $200,000), as
provided for in CIP funds; and authorizing the City Manager to sign.
27. Consider approval of a an ordinance of the city of Coppell, Texas,
amending the code of ordinances by amending chapter 8, by adding
article 8-8, administrative adjudication of parking violations; providing for
establishing all municipal parking violations to be a civil offense; providing
for appointment of hearing officers, establishing powers, functions and
duties; providing for form of citation and service; providing for liability of
owner and operator; providing for answer and adjudication by mail;
providing for hearing for disposition and failure to appear; providing for
fines and enforcement; providing for impoundment and hearing;
providing for appeal procedures; providing a repealing clause; providing
a severability clause; providing a savings clause; and providing an
effective date; and authorizing the Mayor to sign.
28. Necessary action resulting from Work Session.
29. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Councilmember Tunnell regarding NLC.
30. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 9th day of December, 2005, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting
in the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
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KEY TO COUNCIL GOALS ICONS
2006
Economic Development
• Aggressively pursue development partnership on Lesley tract
• Analyze large tract development opportunities
• Continue “hot spot” focus
• Develop strategy for use/sale of city-owned property
• Study revenue enhancements
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Examine funding opportunities for IMF
• Study continued use of ½-cent sales tax for parks
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation facilities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Initiate review and revisions of Code of Ordinances
• Develop methods to enhance communication efforts
• Promote citizen involvement
• Examine our effectiveness at participating in state/federal legislative process
Sense of Community
• Develop and support community special events
• Develop and support activities for teens
• Embark on a “Coppell 2025” vision effort
• Continue to evaluate cemetery issue
• Evaluate services and programs for our senior adult community
• Continue to partner with taxing entities serving our community, particularly our ISD’s
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management and reduction of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Protect the sales tax base from Streamlined Sales Tax initiative
• Remain aware of external factors and developments that potentially impact the financial
condition of the city
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
• Access HOA common area maintenance expectations and obligations
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public education programs
• Continue traffic/speed control efforts
DATE: December 13, 2005
ITEM #: 2
AGENDA REQUEST FORM
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 and City of Coppell vs. CB Parkway Business Center VI, et al in the County
Court at Law No. 3.
B. Section 551.072, Texas Government Code – Deliberation regarding Real Property.
1. Discussion regarding property west of Park and south of Bethel.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: December 13, 2005
ITEM #:3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding Community WI-FI Status.
B. Discussion regarding West Sandy Lake Road Construction.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
DEPT: City Manager
DATE: December 13, 2005
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION: Presentation by County Commissioner Ken Mayfield regarding roadway projects.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Mayfield
DEPT: Parks and Recreation Department
DATE: December 13, 2005
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION:
Visual presentation highlighting the City of Coppell 50th Birthday Celebration on October 29, 2005.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: ^50 presentation-1AR
DEPT: City Secretary
DATE: December 13, 2005
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION:
Report by the Parks and Recreation Board.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %boardreport
DATE: December 13, 2005
ITEM #: 10
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: December 13, 2005
ITEM #: 11/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: November 3, 2005
November 8, 2005
November 17, 2005
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
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MINUTES OF NOVEMBER 3, 2005
The City Council of the City of Coppell met in Special Called Session on
Thursday, November 3, 2005, at 6:00 p.m. in the Training Room of the Coppell
Justice Center, 130 Town Center Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor (late arrival)
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, Deputy City Manager Clay Phillips
and City Attorney Robert Hager.
SPECIAL SESSION (Open to the Public)
1. Call to order.
Mayor Pro Tem Brancheau called the meeting to order, determined that a
quorum was present and convened into Executive Session.
JOINT EXECUTIVE SESSION WITH (Closed to the Public)
COPPELL ISD SCHOOL BOARD TRUSTEES
2. Convene Joint Executive Session
A. Section 551.071, Texas Government Code – Consultation
with City Attorney and School Board Special Legal
Counsel.
1. Concerning the City of Coppell and Coppell
Independent School District opposition to a change
of zoning request of the Billingsley Corporation in
the City of Dallas, Zoning Case Number Z045-107.
Mayor Pro Tem Brancheau convened into Executive Session at 6:14 p.m. as
allowed under the above-stated article.
Mayor Stover arrived during Executive Session.
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Mayor Stover adjourned the Executive Session at 10:00 p.m. and opened the
Special Session.
SPECIAL SESSION (Open to the Public)
3. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
, Mayor
ATTEST:
______________________________________
City Secretary
Douglas N. Stover
Libby Ball,
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MINUTES OF NOVEMBER 8, 2005
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, November 8, 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
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember (late arrival)
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Western Rim vs. City of Coppell
2. Drilling for Natural Gas Wells within the city limits.
3. 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. Discussion regarding sale of land East of Hammond,
West of Park and South of Bethel Road.
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Mayor Stover convened into Executive Session at 5:43 p.m. as allowed under
the above-stated article. Mayor Stover recessed the Executive Session at 7:06
p.m. and opened the Regular Session.
UWORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the Town Center Architectural
Committee.
B. Discussion of Agenda Items.
Time did not allow for any Work Session discussion.
UREGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
The Rev. Dale Patterson, Presbyterian Church at Hackberry led those present
in the invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation naming November 17,
2005 as Great American Smokeout® Day in Coppell, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Phyllis Baker.
Action:
Councilmember Peters moved to approve a proclamation naming
November 17, 2005 as Great American Smokeout Day in Coppell, and
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authorizing the Mayor to sign. Councilmember Tunnell seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
8. Citizens' Appearances.
A. Tod Farrell, 127 Ridgeway Drive, addressed Council regarding the
citizens ignoring the “No Left Turn” at the Taco Bell/Wendy’s
crossover at Denton Tap.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 25, 2005.
B. Consider approval of a right-of-way use agreement
between the City of Coppell and JDB Coppell Village Plaza
to allow the Property Owners Association to install and
maintain a street lighting system in the City of Coppell
right-of-way on Plaza Boulevard; and authorizing the City
Manager to sign.
C. Consider approval of an Interlocal Cooperation Agreement
with Denton County to receive compensation in the
amount of $5,799 for library services for fiscal year
05/06; and authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. PD-
186R7-LI, Duke-Freeport, zoning change 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, and authorizing the
Mayor to sign.
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E. Consider approval of an Ordinance for Case No. S-1229-LI,
Kidz Muze, zoning change from LI (Light Industrial) to S-
1229-LI (Special Use Permit-1229-Light Industrial), to
allow the operation of an approximate 22,000-square-foot
indoor recreation/entertainment center to be located at
989 W. Sandy Lake Road, and authorizing the Mayor to
sign.
F. Consider approval of an Ordinance for Case No. S-1230-C,
The Dinner Station, zoning change from C (Commercial)
to S-1230-C (Special Use Permit-1230-Commercial), to
allow the operation of an approximate 1,960-square-foot
food-assembly center to be located at 757 S. MacArthur
Road (Coppell Crossing), and authorizing the Mayor to
sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B,
C, D carrying Ordinance No. 91500-A-423, E carrying Ordinance No.
91500-A-424 and F carrying Ordinance No. 91500-A-425.
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and York voting in favor of the motion.
10. Consider and authorize City Manager to negotiate and execute
a purchase and sale agreement, and any necessary agreements
and instruments related thereto, for the transfer of Lot 1,
Block 2 of the Historic Coppell Properties Addition,
approximately 1.615 acres of land, to the Coppell Economic
Development Foundation, acting as an independent
foundation, for the resale of such property to Historic Coppell
Properties Inc. for the construction of a medical office
building.
Presentation:
City Manager Jim Witt made a presentation to the Council on Items 10
and 11 and pointed out that the property in question in both items is
actually located in Block 1 and not Block 2 as the item states.
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Action:
Councilmember York moved to authorize the City Manager to negotiate
and execute a purchase and sale agreement, and any necessary
agreements and instruments related thereto, for the transfer of Lot 1,
Block 1 of the Historic Coppell Properties Addition, approximately 1.615
acres of land, to the Coppell Economic Development Foundation, acting
as an independent foundation, for the resale of such property to Historic
Coppell Properties Inc. for the construction of a medical office building.
Councilmember Faught seconded the motion; the motion carried 6-0
with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-
Flores, Tunnell, Faught and York voting in favor of the motion.
11. Consider and authorize City Manager to negotiate and execute
a purchase and option agreement, and any necessary
agreements and instruments related thereto, for the transfer of
Lot 2, Block 2 of the Historic Coppell Properties Addition,
approximately 1.641 acres of land, to the Coppell Economic
Development Foundation, acting as an independent
foundation, for the resale to Historic Coppell Properties Inc.
for the construction of a medical office building.
Action:
Councilmember York moved to authorize the City Manager to negotiate
and execute a purchase and option agreement, and any necessary
agreements and instruments related thereto, for the transfer of Lot 2,
Block 1 of the Historic Coppell Properties Addition, approximately 1.641
acres of land, to the Coppell Economic Development Foundation, acting
as an independent foundation, for the resale to Historic Coppell
Properties Inc. for the construction of a medical office building. Mayor
Pro Tem Brancheau seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and York voting in favor of the motion.
12. PUBLIC HEARING:
Consider approval of Case No. PD-103R2(CH), Lake Park
Addition, a City-initiated Public Hearing to consider amending
PD-103 (Planned Development-103) to consider for an increase
in the maximum building height from one- to two-and-a-half-
stories (35 feet) on Lots 1-11, Block A, of the Lake Park
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Addition located along the south side of Glen Lakes Drive (623
to 663 Glen Lakes Drive).
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council and
advised that the Applicant would like to postpone this item until
December 13th.
Public Hearing:
Mayor Stover opened the Public Hearing.
Action:
Councilmember Peters moved to postpone this item until the December
13th City Council meeting. Councilmember York seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
13. PUBLIC HEARING:
Consider approval of Case No. PD-197R2-H, Old Coppell
Townhomes, zoning change request from PD-197R-H (Planned
Development-197 Revised-Historic) to PD-197R2-H (Planned
Development-197 Revision 2-Historic) to attach Detail Site
Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to
allow the development of two single-family homes, each on
approximately 0.10 of an acre of property along Mobley Way.
Councilmember Faught filed a Conflict of Interest Affidavit with the City
Secretary on this item and left the dais at this time.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
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Action:
Councilmember York moved to close the Public Hearing and approve
Case No. PD-197R2-H, Old Coppell Townhomes, zoning change request
from PD-197R-H (Planned Development-197 Revised-Historic) to PD-
197R2-H (Planned Development-197 Revision 2-Historic) to attach Detail
Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to allow
the development of two single-family homes, each on approximately 0.10
of an acre of property along Mobley Way. Councilmember Tunnell
seconded the motion; the motion carried 5-0-1 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell and
York voting in favor of the motion and Councilmember Faught abstaining
by having filed a Conflict of Interest Affidavit.
Councilmember Faught rejoined Council on the dais at this time.
14. PUBLIC HEARING:
Consider approval of the Wynnpage Plaza North, Lot 1R, Block
B, Replat and Lots 2 and 3, Block B, Final Plat, to allow the
reconfiguration of a fire lane and mutual access easement on
Lot 1R, containing .68 of an acre of property, the development
of an approximate 16,000-square-foot two-story building on Lot
2, containing 1.10 acres of property, and an approximate
3,500-square-foot one-story office building on Lot 3, containing
1.13 acres of property located along the west side of Denton
Tap Road, approximately 180 feet north of Wynnpage Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Greg Yancy, representing the Applicant, addressed questions of Council
regarding the lift station.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
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Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Wynnpage Plaza North, Lot 1R, Block B, Replat and Lots 2 and 3, Block
B, Final Plat, to allow the reconfiguration of a fire lane and mutual
access easement on Lot 1R, containing .68 of an acre of property, the
development of an approximate 16,000-square-foot two-story building on
Lot 2, containing 1.10 acres of property, and an approximate 3,500-
square-foot one-story office building on Lot 3, containing 1.13 acres of
property located along the west side of Denton Tap Road, approximately
180 feet north of Wynnpage Drive, subject to the following conditions:
1) Submit verification if the Board of Adjustment grants the following
variances to the Zoning Ordinance:
a. Deleting the perimeter landscaping requirement for Lots 1 and
2, Block B.
b. Allowing a minimum 11’-side yard setback for Lot 2, Block B.
c. Allowing a minimum 11’-front/side yard setback for Lot 1,
Block B.
2) Provide a final cross-parking agreement between these two properties.
3) Submit revised Site and Landscape Plans with proposed lot lines
shown, if approved through the Board of Adjustment process.
4) Compliance with Engineering comments as follows:
a. All utilities that cross property lines should be located within
private utility easements.
b. Provide a Property Association Agreement between Lots 1R, 2
and 3, Block B for the maintenance of the shared utilities. The
agreement should include maintenance of the lift station.
c. The portion of the service line that provides water to Lot 2 and
is located on Lot 3 should be located within a private utility
easement.
d. Locate the fire hydrant and FDC currently shown on Lot 2 to
the parking island located on the east side of the 24’ x 29.5’
Access Easement. These should be placed within a private
utility easement.
e. What is the intent of providing a water stub to the property to
the north?
f. Flows to the north from the proposed flume should not be
concentrated when they enter the adjacent property. Drainage
will be further evaluated upon detailed Engineering Review.
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores,
Tunnell, Faught and York voting in favor of the motion.
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15. Consider approval of the Natches Trace Addition, Lot 1, Block
C, (Town Center Bank) Site Plan Revision, to allow the
construction of a dumpster enclosure to serve the existing
8,867-square-foot bank facility on 1.550 acres of property
located along the east side of Denton Tap Road, approximately
300-feet south of S.H. 121.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Peters moved to approve Natches Trace Addition, Lot 1,
Block C, (Town Center Bank) Site Plan Revision, to allow the
construction of a dumpster enclosure to serve the existing 8,867-square-
foot bank facility on 1.550 acres of property located along the east side of
Denton Tap Road, approximately 300-feet south of S.H. 121.
Councilmember Hinojosa-Flores seconded the motion; the motion carried
6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion.
16. Consider approval of an Ordinance denying the request by
Atmos Energy Corporation to implement an annual gas
reliability infrastructure program rate increase for the second
consecutive year, providing for notice hereof to said company,
and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Faught moved to approve Ordinance No. 2005-1114
denying the request by Atmos Energy Corporation to implement an
annual gas reliability infrastructure program rate increase for the second
consecutive year, providing for notice hereof to said company, and
authorizing the Mayor to sign. Councilmember Peters seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
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17. Consider approval of a Resolution of the City of Coppell, Texas,
approving the purchase of eleven (11) 2006 Chevrolet Tahoe
PPV’s in the amount of $297,256 as budgeted; and authorizing
the City Manager to execute the appropriate Purchase
Agreement and/or Lease-Purchase Financing Agreements.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Hinojosa-Flores moved to approve Resolution No.
2005-1108.1 approving the purchase of eleven (11) 2006 Chevrolet Tahoe
PPV’s in the amount of $297,256 as budgeted; and authorizing the City
Manager to execute the appropriate Purchase Agreement and/or Lease-
Purchase Financing Agreements. Councilmember York seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
18. Consider approval of a resolution casting a vote for the fourth
member of the Board of Directors of the Dallas Central
Appraisal District, and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve Resolution No. 2005-1108.2
casting a vote for Scott Wheeler to be the fourth member of the Board of
Directors of the Dallas Central Appraisal District, and authorizing the
Mayor to sign. Councilmember Peters seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion.
19. Consider approval of a an ordinance of the city of Coppell,
Texas, amending the code of ordinances by amending chapter
8, by adding article 8-8, administrative adjudication of parking
violations; providing for establishing all municipal parking
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violations to be a civil offense; providing for appointment of
hearing officers, establishing powers, functions and duties;
providing for form of citation and service; providing for
liability of owner and operator; providing for answer and
adjudication by mail; providing for hearing for disposition and
failure to appear; providing for fines and enforcement;
providing for impoundment and hearing; providing for appeal
procedures; providing a repealing clause; providing a
severability clause; providing a savings clause; and providing
an effective date; and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Peters moved to postpone Item 19 until December 13,
2005. Councilmember Brancheau seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion.
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’
Meeting.
B. Report by Mayor Stover regarding the 50th Anniversary
Celebration.
C. Report by Mayor Stover regarding the Parks and
Recreation Halloween Party.
A. Mayor Stover stated he and City Manager Jim Witt had attended
the Metroplex Mayors’ Meeting and the presentation was by Mike
Eastland, Executive Director of the North Texas Council of
Government. The presentation was regarding “Vision North Texas”
and covered the issues facing the metroplex in the next 25 years.
B. Mayor Stover reported that the 50th Anniversary Celebration was a
fabulous function and well-attended by the community.
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C. Mayor Stover advised that the Parks and Recreation Halloween
Party was a big success and gave kudos to all the Parks and
Recreation staff involved.
Councilmember Suhy arrived prior to Executive Session.
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.
Mayor Stover reconvened into Executive Session at 8:34 p.m. as allowed under
the above-stated article. Mayor Stover adjourned the Executive Session at 9:00
p.m. and reopened the Regular Session.
UREGULAR SESSION (Open to the Public)
22. Necessary Action Resulting from Executive Session.
Action:
Councilmember Suhy moved to approve Resolution No. 2005-1108.3 to
determine the public use, purpose and necessity for the acquisition of
tracts of land and additional rights-of-way located in the area east of
Belt Line Road and north of Hackberry Road described in Exhibit A
(attached to the Resolution) within the City of Dallas, Dallas County,
Texas for the public use, purpose and necessity of parks and recreational
facilities for the use of the city and co-jointly with the Coppell
Independent School District, workforce housing, senior housing and
public access and rights-of-way thereto, authorizing the City Attorney
and Special Counsel engaged by the city to acquire said property,
authorizing the City Manager to utilize the services of an appraiser to
appraise the fair market value of the property described in Exhibit A and
to assist the City of Coppell to prepare a good-faith offer to the owners of
the property and providing an effective date. Councilmember Faught
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
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Page 13 of 13
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught, Suhy and York voting in favor of the motion.
Councilmember Hinojosa-Flores moved to approve Resolution No.
2005-1108.4 authorizing the City Manager to engage a planning
consultant to prepare a study of external area close to and contiguous to
the city boundaries which directly affects its residents, providing the
appointment of a Planning and Zoning Commission to review and
recommend to the City Council such plan as an element to the City of
Coppell's Comprehensive Land Use Plan. 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.
____________________________________
, Mayor
ATTEST:
______________________________________
City Secretary
Douglas N. Stover
Libby Ball,
CM111705
Page 1 of 2
MINUTES OF NOVEMBER 17, 2005
The City Council of the City of Coppell met in Special Called Session on
Tuesday, November 17, 2005, at 7:00 a.m. in the Board Room of the Coppell
Independent School District Administrative Offices, 200 S. Denton Tap,
Coppell, Texas. The following members were present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Councilmember York was absent from the meeting. Also present were City
Manager Jim Witt, Deputy City Manager Clay Phillips and City Attorney Robert
Hager.
SPECIAL SESSION (Open to the Public)
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
JOINT EXECUTIVE SESSION WITH (Closed to the Public)
COPPELL ISD SCHOOL BOARD TRUSTEES
2. Convene Joint Executive Session
A. Section 551.071 and 551.072, Texas Government Code –
Consultation with City Attorney and School Board Legal
Counsel and Deliberation regarding Real Property to
consider all matters regarding the Cypress Waters
Development (TXU Property south of North Lake)
1. Discussion regarding Resolution 2005-1108.3
adopted by the Coppell City Council and the
Resolution adopted by the CISD Board of Trustees
on November 8, 2005 concerning the North Lake
Development.
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Page 2 of 2
Mayor Stover convened into Executive Session at 7:17 a.m. as allowed under
the above-stated article. Mayor Stover adjourned the Executive Session at 8:28
a.m. and opened the Special Session.
SPECIAL SESSION (Open to the Public)
3. Necessary action resulting from Executive Session.
Action:
Councilmember Peters moved to approve Resolution 2005-1117.1
determining the necessity for the acquisition of various tracts of land and
rights-of-way located to the east of Beltline Road and north of Hackberry
Road, as described in Exhibits A and B attached to the Resolution,
within the City of Dallas, Dallas County, Texas, for the public uses,
necessities and/or purposes of parks and recreation for the use of the
city and/or co-jointly with the Coppell Independent School District,
workforce housing, senior housing, and/or public access and right-of-
way thereto; authorizing the City Attorney or Special Council to file an
eminent domain petition to acquire the property described in Exhibits A
and B of the Resolution. Councilmember Suhy seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers
Peters, Hinojosa-Flores, Tunnell, Faught and Suhy 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 Manager's Office
DATE: December 13, 2005
ITEM #: 11/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of amending and restating the Tax Abatement Agreement by and between the City of Coppell,
Texas Dugan LP and J.P. Morgan Chase Bank dated December 14, 2004, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This amendment to the abatement for Texas Dugan LP dated December 14, 2004 is required to include JP Morgan
Chase Bank as a party to the original abatement agreement. The abatement will provide JP Morgan Chase Bank
with a seventy-five percent abatement on tangible personal property located at 625 Freeport Parkway for a period
of five years.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Texas Dagan Abatement
Amendment - 1 AR
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 1 70997
STATE OF TEXAS § AMENDED RESTATED
§ 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”), Texas Dugan Limited Partnership (“Owner”) and JPMorgan Chase
Bank, national association (“Lessee”), acting by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City and Owner previously entered into that certain tax abatement
agreement for the improvements described herein dated December 14, 2004 (the “Original
Agreement”); and
WHEREAS, the Owner has leased Building A (hereinafter defined) to Lessee; and
WHEREAS, the Lessee intends to lease and occupy Building A for a period of ten (10)
years and intends to locate Tangible Personal Property (hereinafter defined) therein; and
WHEREAS, the City, and Owner desire to amend and restate the Original Agreement to
add the Lessee and provide for the tax abatement of the Tangible Personal Property; and
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), previously passed
an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 44 (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’s and Lessee’s development efforts described herein will
create permanent new jobs in the City; and
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 2 70997
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
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;
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:
DEFINITIONS
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
A. “Base Year Taxable Value” shall mean the Taxable Value for the Land for the
year in which the Original Agreement was executed (2004).
B. “Building A” shall mean an office/warehouse building containing at least 140,000
square feet of space (and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed by Owner with the City from time to
time in order to obtain a building permit).
C. “Building B” shall mean an office/warehouse building containing at least 70,000
square feet of space (and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed by Owner with the City from time to
time in order to obtain a building permit).
D. “Completion of Construction” shall mean: (i) substantial completion of the
Improvements; and (ii) a final certificate of occupancy has been issued for last of the buildings
comprising the Improvements.
E. “Effective Date” shall mean the last date of execution of this Agreement.
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 3 70997
F. “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.
G. “First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of issuance of the first final certificate of occupancy for the Improvements.
H. “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.
I. “Improvements” shall collectively mean Building A and Building B.
J. “Lease” shall mean Lessee’s lease of Building A for a period of at least ten (10)
years commencing no later than the date the last final permanent certificate of occupancy is
issued any Lessee’s occupancy of Building A.
K. “Land” means the real property described in Exhibit A attached hereto and
incorporated herein for all purposes.
L. “Premises” shall collectively mean the Land and Improvements.
M. “Tangible Personal Property” shall mean tangible personal property, equipment
and fixtures other than inventory or supplies owned or leased by Lessee that is added to Building
A subsequent to January 1 of the year of execution of this Agreement.
N. “Taxable Value” means the appraised value as certified by the Appraisal District
as of January 1 of a given year.
GENERAL PROVISIONS
1. Owner, is the owner of, the Land, which Land is located within the city limits of the
City and within the Zone. Owner intends to construct the Improvements on the Land. Lessee has or
intends to lease Building A and to locate and maintain Tangible Personal Property in Building A.
2. The Premises are not in an improvement project financed by tax increment bonds.
3. This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 4 70997
4. The Premises are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
TAX ABATEMENT AUTHORIZED
5. This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
6. Subject to the terms and conditions of this Agreement, and provided the Taxable
Value for the Improvements, excluding the Land, is at least Five Million Five Hundred Thousand
Dollars ($5,500,000) 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 and grants the Lessee an abatement of seventy-five percent (75%) of the Taxable
Value of the Tangible Personal Property for a period of five (5) consecutive years, each abatement
beginning with the First Year of Abatement. 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. The
actual percentage of the Taxable Value of the Tangible Personal Property subject to abatement will
apply only to the Tangible Personal Property added to Building A after January 1 of the year of
execution of this Agreement.
7. The period of tax abatement herein authorized shall be for a period of five (5)
consecutive years. The term of this Agreement shall begin on the Effective Date and continue until
the 10th anniversary of the date the last final certificate of occupancy was issued for Lessee’s
occupancy of Building A.
8. During the period of tax abatement herein authorized, Owner and Lessee shall each
be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation
on land, inventory and supplies.
9. Lessee agrees subject to events of Force Majeure and Casualty to continuously lease
and occupy the Building A for a period of ten (10) years commencing no later than the date the last
final permanent certificate of occupancy is issued for Lessee’s occupancy of Building A.
IMPROVEMENTS
10. Owner owns the Land and intends to construct or caused to be constructed thereon
the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements
on the Land but said action is a condition precedent to Owner’s or any subsequent owners’ tax
abatement pursuant to this Agreement. Lessee has or intends to lease Building A for a period of ten
(10) consecutive years. Nothing in this Agreement shall obligate Lessee to lease and occupy
Building A, and to locate and maintain Tangible Personal Property at Building A but said actions
are conditions precedent to Lessee’s tax abatement pursuant to this Agreement
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 5 70997
CONSTRUCTION OF IMPROVEMENTS
11. 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 Completion of Construction
of the Improvements to occur within nine (9) calendar months following the Effective Date of the
Original Agreement (as defined therein), 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).
12. Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the
Improvements shall be used only as office/warehouse buildings for a period of five (5) years
commencing on the date the final certificate of occupancy is issued for the Improvements.
13. 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 Lessee, and in accordance with Owner’s and the Lessee’s visitor access and security
policies, in order to insure that the construction and use of the Improvements are in accordance with
this Agreement and all applicable state and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
14. Construction plans for the Improvements constructed on the Land will be filed with
the City, which shall be deemed to be incorporated by reference herein and made a part hereof for
all purposes.
15. Owner and Lessee shall each before May 1 of each calendar year that the Agreement
is in effect, certify in writing to the City that such party is in compliance with each term of the
Agreement.
16. Owner and Lessee each agree that during the term of this Agreement that 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.
17. Owner agrees to lease Building A to Lessee, for a period of at least ten (10) years
commencing no later than the date the last final permanent certificate of occupancy is issued for
Lessee’s Occupancy of Building A.
18. Subject to events of Force Majeure, and casualty Lessee agrees to lease and
continuously occupy or to cause its affiliates to lease and continuously occupy Building A for a
period of not less than ten (10) years commencing no later than the date the last final permanent
certificate of occupancy is issued for Lessee’s occupancy of Building A.
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 6 70997
19. Owner agrees to provide to Lessee and any other applicable tenants of the
Improvements, the entire benefit of the tax abatement of the Building A granted herein. Owner
shall, upon written request, provide the City with satisfactory evidence that the benefits of the tax
abatement of the Improvements under this Agreement have been provided to Lessee and/or other
applicable tenants.
DEFAULT: RECAPTURE OF TAX REVENUE
20. In the event (i) Owner fails to cause Completion of Construction of the
Improvements in accordance with this Agreement or in accordance with applicable State or local
laws, codes or regulations; (ii) Owner and/or Lessee have delinquent ad valorem or sales taxes owed
to the City (provided such party retains its right to timely and properly protest such taxes or
assessment); (iii) Owner and/or Lessee have an “Event of Bankruptcy or Insolvency”; or (iv)
Owner and/or Lessee breach any of the terms and conditions of this Agreement, then such party
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 “Defaulting Party” shall, within
thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the
“Defaulting Party” to the City without benefit of a tax abatement for the Improvements, with
interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as
amended but without penalty. The parties acknowledge that actual damages in the event of default
termination would be speculative and difficult to determine. The parties further agree that any
abated tax, including interest as a result of this Agreement, shall be recoverable against the
“Defaulting Party”, its successors and assigns and shall constitute a tax lien against the respective
property, and shall become due, owing and shall be paid to the City within thirty (30) days after
termination.
21. Upon breach by Owner and/or Lessee of any obligations under this Agreement, the
City shall notify the “Defaulting Party” in writing, who shall have thirty (30) days from receipt of
the notice in which to cure any such default. If the default cannot reasonably be cured within a
thirty (30) day period, and the “Defaulting Party” 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. The City shall also notify the “Non-Defaulting Party” which shall have the same
right to cure such default on behalf of the “Defaulting Party”.
22. If the “Defaulting Party” 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 and Lessee.
23. Upon termination of this Agreement by City due to default, 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 sixty (60) 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 and Tangible Personal Property, without tax abatement
for the years in which tax abatement hereunder was received by the Owner and Lessee, as
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 7 70997
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 sixty (60) day payment
period.
ANNUAL APPLICATION FOR TAX EXEMPTION
24. It shall be the responsibility of the Owner and Lessee pursuant to the Tax Code, to
each 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.
NOTICE
25. 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:If intended for Lessee, to:
Attn: Jeff Turner Attn: Roy Keller
Texas Dugan Limited Partnership J.P. Morgan Chase & Co.
5495 Beltline Road Bank One Plaza, Mail Code IL1-0522
Coppell, Texas 75254 Chicago, IL 60670
With copy to: With copy to:
Attn: Corporate Counsel (Texas Market) Attn: Tax Counsel
Duke Realty Corporation Charles Wooding
3950 Shackleford Road J.P. Morgan Chase & Co.
Suite 300 Bank One Plaza, Mail Code IL1-0522
Duluth, Georgia 30096 Chicago, IL 60670
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 8 70997
CITY COUNCIL AUTHORIZATION
26. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
SEVERABILITY
27. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
APPLICABLE LAW
28. This Agreement shall be construed under the laws of the State of Texas. Venue for
any action under this Agreement shall be the State District Court of Dallas County, Texas. This
Agreement is performable in Dallas County, Texas.
COUNTERPARTS
29. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same instrument.
ENTIRE AGREEMENT
30. This Agreement embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporary agreements between the parties and relating to the
matters in this Agreement, and except as otherwise provided herein cannot be modified without
written agreement of the parties to be attached to and made a part of this Agreement.
RECORDATION OF AGREEMENT
31. A certified copy of this Agreement shall be recorded by the City, at no cost to
Owner, in the Deed Records of Dallas County, Texas.
INCORPORATION OF RECITALS
32. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXHIBITS
33. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 9 70997
CHAMBER OF COMMERCE
34. During the term of this Agreement, Owner agrees to maintain continuous
corporate membership in the Coppell Chamber of Commerce.
ASSIGNMENT
35. 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 not be assigned without the prior written consent of the City
Manager. In the event Owner sells, one of the Building A or Building B but not both the Owner
shall continue to receive the tax abatement provided herein for the building that the Owner has
retained ownership thereof. The Owner may, with the prior written consent of the City Manager,
assign this Agreement in connection with the sale of Building A or Building B to the successor
owner thereof. Such permitted assignee as the successor owner of such building will thereafter
be entitled to receive the benefit of the remaining tax abatement, if any, under this Agreement
with respect to such building.
36. This Agreement and the tax abatement provided herein for Lessee are expressly
subject to and is contingent upon (i) Lessee entering into the Lease on or before January 1, 2005;
and (ii) Lessee occupying Building A on or before June 30, 2005.
EXECUTED in duplicate originals this the ____ day of ________, 2005.
CITY OF COPPELL, TEXAS
By: ______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
By: _______________________________________
Libby Ball, City Secretary
AGREED AS TO FORM:
By:
Peter G. Smith, City Attorney
(70997 1/19/05)
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 10 70997
EXECUTED in duplicate originals this the ____ day of ________, 2005.
TEXAS DUGAN LIMITED PARTNERSHIP, a
Delaware limited partnership
By: DUGAN GENERAL PARTNER LLC, a
Delaware limited liability company, its
general partner
By: DUGAN TEXAS LLC, a Delaware
limited liability company, its sole member
By: DUKE REALTY LIMITED
PARTNERSHIP, an Indiana limited
partnership, its Manager
By: DUKE REALTY CORPORATION, an
Indiana corporation, its general partner
By:___________________________
Jeffrey D. Turner
Senior Vice President
EXECUTED in duplicate originals this the 5th day of December, 2005.
J.P. MORGAN & CHASE
By:_______________________________
JOHN R. CREECH
Vice President
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 11 70997
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, a Notary Public in and for said County and State, on this
day personally appeared Jeffrey D. Turner, Senior Vice President of Duke Realty Corporation,
an Indiana corporation, known to me as the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of the said Texas Dugan
Limited Partnership, and that he executed the same as the act of such corporation in its capacity
as general partner of Duke Realty Limited Partnership, acting in its capacity as Manager of
Dugan Texas LLC, as sole member of Dugan Texas General Partner LLC, in its capacity as
general partner of Texas Dugan Limited Partnership, for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this, the______day of________, 2005.
Notary Public, State of _________
My Commission Expires:
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 12 70997
LESSEE’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by John R. Creech, Vice President of JPMorgan Chase Bank, National Association, a
national banking association, on behalf of said national banking association.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
Texas Dugan Limited Partnership J.P. Morgan Tax Abatement Agreement –Page 13 70997
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
To be attached
DEPT: Engineering
DATE: December 13, 2005
ITEM #: 11/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a proposal from Dallas County, operating under a previously approved City/County Agreement, to
repair and overlay the asphalt paving in the Northlake Woodlands Subdivision, Phase 6, and portions of Phases 4 and 7,
with Dallas County furnishing labor, materials and equipment to perform the work; and authorizing the City of Coppell to
pay $83,813.23, as budgeted in the IMF.
GOAL(S):
EXECUTIVE SUMMARY:
In September 2003 an agreement with Dallas County was approved by City Council for Dallas County to provide
services for maintenance and improvement of city streets by the County. Working under this agreement, approval
of this proposal will allow the repair and overlay of Northlake Woodlands Subdivision, Phase 6 and portions of
Phases 4 and 7, as identified in the Infrastructure Maintenance Fund 5-year plan for FY 05/06.
Staff recommends approval of the proposal submitted by Dallas County and will be available for any questions at
the Council meeting
FINANCIAL COMMENTS: Funds are budgeted in the Infrastructure Maintenance Fund for this project.
Agenda Request Form - Revised 09/04 Document Name: #Dallas Co Agmt
MEMORANDUM
TO:Mayor and City Council
FROM:Keith R. Marvin, P.E., Assistant City Engineer
DATE:December 13, 2005
REF: Consider approval of a proposal from Dallas County, operating under a previously
approved City/County Agreement, to repair and overlay the asphalt paving in the
Northlake Woodlands Subdivision, Phase 6, and portions of Phases 4 and 7, with Dallas
County furnishing labor, materials and equipment to perform the work; and authorizing the
City of Coppell to pay $83,813.23, as budgeted in the IMF.
The City of Coppell has budgeted funds in the Infrastructure Maintenance Fund for rehabilitation of
the asphalt streets within the Northlake Woodlands Subdivision. This is the second year of what was
initially anticipated to be a two phase program to rehabilitate all the streets within this area. However,
because of the extensive curb and gutter failures in this area, the project is being revised to be a three
phase program. Basically this year all streets south of Bethel School will be completed and the third
phase will complete the remaining streets north of Bethel School. Last budget year we were able to
overlay most of the streets that did not have concrete curb and gutter. This concrete curb and gutter
repair is being performed by Pavement Services under our annual concrete pavement repair contract.
Dallas County has provided a cost proposal of $83,813.23 to perform spot repair as necessary, milling
the existing asphalt along the edge of the concrete gutter and the asphalt overlay. Dallas County
proposes to complete the work under an Interlocal Agreement approved by both the City of Coppell
and Dallas County in October of 2003. That agreement is attached herewith, and allows for the
County to perform maintenance on City streets in exchange for payment of County costs by the City.
Dallas County has completed several asphalt paving projects within the City recently, and we have
been pleased with the results.
The attached exhibit shows the streets within the Northlake Woodlands Subdivision, including those
completed last year, those proposed under this agreement and the anticipated list for next budget year.
Staff recommends approval of this proposal from Dallas County for repair and asphalt overlay of
various streets within the Northlake Woodlands Subdivision, Phase 6, and portions of Phases 4 and 7,
in the amount of $83,813.23 as budgeted in IMF funds. Staff will be available to answer any questions
at the Council meeting.
DEPT: Facilities Division of Public Works
DATE: December 13, 2005
ITEM #: 11/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of awarding Bid/Contract # Q-1005-01 for Electrical Services in two parts: part one to Pat
Dillahey Electric for General Electrical Services; and part two to Groves Electrical Service, Inc. for Ballfield
Lighting Services, as budgeted; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Award of the general electrical services portion of the contract to Pat Dillahey Electric will allow for a full-service
electrical service contract at our city facilities. The award of the contract to Groves Electrical Service will provide
electrical services for the ballfield lighting only.
Staff recommends award of the contracts and will be available for any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are budgeted in various departmental Electrical Services accounts.
Agenda Request Form - Revised 09/04 Document Name: #Electrical Services
MEMORANDUM
TO:Mayor and City Council
FROM:Sheri Moino, Facilities Manager
DATE: December 13, 2005
REF:Consider approval of awarding Bid/Contract # Q-1005-01 for Electrical Services in
two parts: part one to Pat Dillahey Electric for General Electrical Services; and part
two to Groves Electrical Service, Inc. for Ballfield Lighting Services, as budgeted;
and authorizing the City Manager to sign.
A request for bids for a General Electrical Services Contract was issued this year due to the
number of electrical service calls required by both the Facilities and Parks and Recreation
Departments. Ten bids were received and opened on October 18, 2005 for electrical services.
Based on the amount of electrical contract services performed annually, the city is entering into a
contract agreement for these services based on labor and material costs. Staff has reviewed the
bids with both the Purchasing Agent and the Parks and Recreation Department and is
recommending that the bid be split and awarded in two separate contracts.
The General Electrical Services portion of the bid is based on an approximate 4500 hours of
varied electrical work requests ranging from regular routine service calls requiring only a
journeyman and helper to major or emergency service calls requiring a master electrician,
journeyman and/or helper and/or overtime labor. The bids include hourly labor rates for the
varied positions required, overtime rates, as well as a parts discount.
Staff is recommending that the portion bid for General Electrical Services be awarded to Pat
Dillahey. Pat Dillahey has included a 20% parts discount on their bid and also had the majority
of the lowest hourly rates. Therefore, Pat Dillahey is considered the low bidder on the General
Services portion.
Staff is recommending that the portion bid for Ballfield Lighting Services be awarded to Groves
Electric. Groves Electric has their own aerial lifts and therefore can provide the lowest cost for
this service.
Both vendors have performed work for the City of Coppell and have provided excellent services.
Staff recommends approval of awarding contracts to Pat Dillahey and Groves Electric and will
be available to answer questions at the Council meeting.
DESCRIPTION UNIT Morley-Moss Inc.Richardson ReadyElectricConcord CommercialServicesPrism ElectricPat Dillehay ElectricDesign ElectricTTC Services EnterprisesGroves ElectricCable Electric Inc.Today's ElectricGENERAL SERVICES:Meet all mimimum labor specificationsyes yes yes yesyesyes yes yes not marked yesLabor Charge for licensed Master Electrician HR. $45.00 $50.00 $49.50 $48.00$51.00$55.00 $68.50 60.00$ $50.00 $56.00Overtime Charge for Master Electrician HR. $67.50 $75.00 $71.50 $60.00$60.00$77.00 $102.75 95.00$ $70.00 $84.00Weekend Charge for Master ElectricianHR. $90.00 $75.00 $74.25 $60.00$60.00$77.00 $102.75 95.00$ $100.00 $84.00Holiday Charge for Master ElectricianHR. $90.00 $75.00 $74.25 $60.00$60.00$77.00 $102.75 95.00$ $100.00 $84.00Labor Charge for licensed Journeyman Electrician HR. $37.00 $42.00 $41.25 $48.00$37.00$45.00 $55.00 45.00$ $40.00 $38.00Overtime Charge for Journeyman Electrician HR. $55.50 $63.00 $57.75 $60.00$48.00$65.00 $82.50 65.00$ $55.00 $57.00Weekend Charge for Journeyman ElectricianHR. $74.00 $63.00 $61.75 $60.00$48.00$65.00 $82.50 65.00$ $60.00 $57.00Holiday Charge for Journeyman ElectricianHR. $74.00 $63.00 $61.75 $60.00$59.00$65.00 $82.50 65.00$ $80.00 $57.00Labor Charge for Electricians Helper HR. $21.00 $24.00 $28.75 $30.00$23.00$26.00 $27.50 30.00$ $19.00 $22.00Overtime Charge for Electricians Helper HR. $31.50 $36.00 $41.75 $38.00$29.00$39.00 $41.25 45.00$ $26.00 $33.00Weekend Charge for Electricians HelperHR. $42.00 $36.00 $43.75 $38.00$29.00$39.00 $41.25 45.00$ $28.50 $33.00Holiday Charge for Electricians HelperHR. $42.00 $36.00 $43.75 $38.00$34.00$39.00 $41.25 45.00$ $38.00 $33.00Equipment Charge for 30 ft. Aerial Bucket Truck HR. $325.00/day $35.00 $35.00 $85.00$50.00$64.00 $48.00 20.00$ $40.00 $25.00Equipment Charge for 50 ft. Aerial Bucket Truck HR. $340.00/day $35.00 $45.00 $85.00$66.00$74.00 $55.00 30.00$ $50.00 $35.00Equipment Charge for 90 ft. Aerial Bucket TruckHR. $760.00/day $55.00 $150.00 $110.00$174.00$88.00 $85.00 50.00$ $125.00 $90.00Proposed Parts Discount N/ALess 40% RetailMaterial Cost + 18%less 10%less 20% retailless 40% retail less 15% retail less 10% wholesale wholesale + 20%less 5% wholesaleOther Charges ListedRental Equipment(if needed)-5% over costNone None nonenone"geinie" lift $55/hr. none none none crane-based on sizethermal imaging $90/hr backhoe $200/dayrappeling $125/hr. air compressor $75/dayBALLFIELD LIGHTING:Lamp Replacement (minimum 15)$145.00 each $810.00$1550.00 (no materials)$1,400.00 $1663.00 (30') $109.00 each $1,650.00$100.00 each$144.75 $990.00Estimated time of completion (Per 15 Lamps)HR. 1 8 10 4 8 8 25 min.1/2 hour84Ballast Replacement$400.00 each $259.40$161.00 (no materials)$500.00 $271.00 (30') $209.00 each $206.00$243.50 each$410.72 $400.00Estimated time of completionHR. 2 1 2 3 1 45 min 45 min.1.00$ 12Bid Tabulation- Electrical ServicesOctober 18, 2005 10:00 a.m.
DEPT: Public Works Facilities Division
DATE: December 13, 2005
ITEM #: 11/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval for the purchase of two HVAC chillers from Trane to replace the existing rooftop units at Town
Center, in the total amount of $58,683.00, as budgeted; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Trane provided a Texas Cooperative Purchasing Network (TCPN) quote for the equipment needed to replace the
existing rooftop units at Town Center in the amount of $58,683.00. Since it is a TCPN quote, the city is not
required to go out for formal bids for this purchase. Siemens Building Technologies, our current HVAC
maintenance contractor, recommended Trane based on energy efficiency and maintenance.
The existing Town Center air condition equipment is 20 years old and is scheduled for replacement during the
2005/06 budget year. A request for approval for the labor associated with this replacement is under a separate
agenda item.
Staff recommends approval of the purchase of the two chillers for $58,683.00 and will be available for any
questions at the Council meeting.
FINANCIAL COMMENTS: Funds are budgeted in the Facilities Maintenance Department for this purchase.
Agenda Request Form - Revised 09/04 Document Name: #HVAC Chillers
Coppell City of - air-cooled chiller co October 07, 2005
FLD = Furnished by Trane / Installed by Others Trane Equipment Proposal Page 1 of 3
Prepared For:
Chip Turner - Siemens
Date: October 07, 2005
Proposal Number: L3-77396-1
Job Name:
Coppell City of - air-cooled chillers
Bid Date: October 07, 2005
Engineer:
TCPN Quote#:
02 – 10528 – 05 - 001
Delivery Terms:
Freight Allowed and Prepaid - F.O.B. Factory
Payment Terms:
Net 30 Days
Trane is pleased to provide the enclosed proposal for your review and approval.
Tag Data - Air-Cooled Helical Rotary Water Chillers (Small Tonnage) (Qty: 1)
Item Qty Description Model Number
A1 1 80 Ton Air-Cooled Chiller - Series R RTAA080
Product Data - Air-Cooled Helical Rotary Water Chillers (Small Tonnage)
Item: A1 Qty: 1
Air Cooled Series R(TM) Chiller 70-125
80 Nominal Tons
460 Volt/60 Hertz/3 Phase
Across The Line Starter
Standard 40 to 65 degree F
Aluminum Fins
UL/CUL Listing
GBAS
With Low Ambient Oper. to -10F
Elastomeric Isolators (Fld)
Control Power Transformer
Single Point Power Connection
NEMA Flow Switch - 150 psi (Fld)
1st Year Labor Warranty Whole Unit
Trane startup
Total Net Price (Excluding Sales Tax) …………......................$ 31,215.00
Add for hail guards…………………………….….$ 1,451.00
Add for 2nd-5th year compressor warranty….…$ 1,152.00
Proposal Trane
A Division of American Standard Inc.
J:\JOBS\63\77396\1\coppell.doc
Coppell City of - air-cooled chiller co October 07, 2005
FLD = Furnished by Trane / Installed by Others Trane Equipment Proposal Page 2 of 3
Tag Data - Air-Cooled Water Chillers (Large Tonnage) (Qty: 1)
Item Qty Description Model Number
B1 1 50 Ton Packaged Air-Cooled Chiller CGAFC504
Product Data - Air-Cooled Water Chillers (Large Tonnage)
Item: B1 Qty: 1
50 ton Unit
460 Volt 60 Hertz 3 Phase
40 to 50 degree F Water Setpoint
UL/ CSA Approval
Low Ambient Damper(s) Control
Unit Neoprene Isolators (Fld)
Unit Mounted Terminal Block
GBAS
1st year labor warranty
Trane startup
Total Net Price (Excluding Sales Tax) …………......................$ 23,915.00
Add for hail guards…………………………..…...$ included as standard
Add for 2nd-5th year compressor warranty….…$ 950.00
Trane is pleased to offer you an opportunity to maximize the value of your purchase by offering you savings
with the Anticipation Discount Program (ADP). Contact your Trane representative for more details or an ADP
discount calculation.
Sincerely,
Ryan G. Smith - Trane
1400 Valwood Parkway, Suite 100
Carrollton, TX 75006-8336
Phone: (972)406-6000
Fax: (972)243-1398
Coppell City of - air-cooled chiller co October 07, 2005
FLD = Furnished by Trane / Installed by Others Trane Equipment Proposal Page 3 of 3
Trane Standard New Equipment Terms and Conditions
Acceptance and Prices – These terms and conditions are an integral part of
Trane, a division of American Standard, Inc. ("Seller")’s firm offer and form the
basis of any agreement resulting from Seller’s proposal. The proposal is
subject to acceptance within thirty days from its date, and after that the prices
are subject to change without notice prior to acceptance by the party to whom
this offer is made, or its authorized agent ("Buyer"). Following acceptance
without addition of any other terms and conditions of sale or any other
modification by Buyer, the prices stated are firm provided that notification of
release for immediate production and shipment is received at Seller’s factory
not later than five months from order receipt. If such release is received later
than five months from order receipt date, prices will be increased a straight 1%
(not compounded) for each one-month period (or part thereof) beyond the five-
month firm price period up to the date of receipt of such release. If such
release is not received within eight months after the date of order receipt, at
Seller’s option, the order may be cancelled. Any delay in shipment caused by
Buyer's actions will subject prices to increase equal to the percentage increase
in list prices during that period of delay. In no event will prices be decreased.
Acceptance will have occurred if Buyer: signs Seller’s proposal; issues written
order pursuant to submission of proposal; or permits or accepts performance;
or other commercially reasonable manner. If Buyer’s order is an acceptance of
Seller’s proposal, Seller’s return of such order with these terms and conditions
attached serves as an acknowledgement and confirmation of receipt of order.
If order is expressly conditioned upon Seller’s acceptance or assent to terms
other than those expressed herein, return of order by Seller with these terms
and conditions attached serves as notice of objection to such terms and a
counter-offer to provide equipment in accordance with scope and terms of the
original proposal. If Buyer does not reject or object within ten days, counter-
offer will be deemed accepted. If Buyer permits or accepts performance, such
terms will be deemed accepted. In order for Seller's acknowledgement of order
to be valid it must be made at the corporate level.
Performance - Seller shall be obligated to furnish only the goods described in
Seller’s proposal, and submittal data (if such data is issued in connection with
this order), and Seller may rely on the acceptance of proposal and submittal
data as acceptance of the suitability of the equipment for the particular project.
Seller’s duty to perform under any order and the price thereof is dependent
upon Seller's corporate approval of the order and Seller shall not be
responsible for delays in contract formation caused by inclusion of new or
different terms by Buyer, or delays in credit approval due to delayed or
incomplete credit information by Buyer. Seller’s duty to perform is contingent
upon strikes, accidents, delays in transit, fires, the inability to procure materials
from the usual sources of supply, the requirements of the United States
Government in any manner that diverts either the material or the finished
product to the direct or indirect benefit of the Government, or upon any other
cause beyond the reasonable control of Seller. If the order is not approved at
the corporate level, or upon occurrence of any of the foregoing events, Seller
may elect to delay performance or to renegotiate with Buyer. If Seller and
Buyer are unable to agree on revised prices or terms, the order may be
canceled without any liability.
Taxes - To the prices and terms quoted, add any manufacturer's gross
receipts, sales, or use tax, either Federal, State, or Local, payable on the
transaction under any applicable statute, code, or regulation.
Warranty and Liability - Seller’s warranty obligation is limited to the following:
Seller warrants for a period of 12 months from initial start-up or 18 months from
date of shipment, whichever is less, that products manufactured by Seller
covered by Buyer’s order (1) are free from defects in material and manufacture
and (2) have the capacities and ratings set forth in Seller's catalogs and
bulletins ("Warranty"). Exclusions from this Warranty include damage or failure
arising from: wear and tear; corrosion, erosion, deterioration; Buyer's failure to
follow the Seller-provided maintenance plan; modifications made by others to
Seller's equipment. Seller shall not be obligated to pay for the cost of lost
refrigerant. Seller's obligations and liabilities under this Warranty are limited to
furnishing replacement equipment or parts, at its option, f.o.b. factory or
warehouse at Seller-designated shipping point, freight-allowed to Seller's
warranty agent's stock location, for all non-conforming Seller-manufactured
products which have been returned by Buyer to Seller. Returns must have
prior written approval by Seller and are subject to restocking charge where
applicable. SELLER MAKES NO REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, REGARDING PREVENTION OF MOLD, FUNGUS,
BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES.
No liability whatever shall attach to Seller until products have been paid for and
Seller's liability under this Warranty shall be limited to the purchase price of the
equipment shown to be defective. This Warranty is voidable in the event of
non-payment. Further warranty protection is available on an extra-cost basis.
Any further warranty must be in writing and agreed to by an authorized
signatory of the Seller.
Warranty Disclaimer - This warranty is given in lieu of all other warranties,
express or implied, including IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and/or
others arising from course of dealing or trade.
Indemnity. Buyer and Seller shall mutually, in proportion to their respective
degree of fault, indemnify, defend and hold each other harmless from any and
all claims, actions, costs, expenses, damages and liabilities, including
reasonable attorneys' fees, resulting from death or bodily injury or damage to
real or tangible personal property, to the extent caused by the negligence or
misconduct of the indemnifying party, and/or its respective employees or
agents. With respect to any claims based on facts or conditions that occurred
prior to expiration or termination of this agreement the duty to indemnify will
continue in full force and effect notwithstanding expiration or early termination.
Insurance. Seller agrees to maintain the following insurance during the term of
the contract with limits not less than shown below and will, upon request from
Buyer, provide a Certificate of Insurance evidencing this coverage:
Commercial General Liability $2,000,000 per occurrence
Automobile Liability $2,000,000 CSL
Workers Compensation Statutory Limits
In the event Seller agrees to name Buyer or others as an additional insured,
Seller will do so but only under its primary Commercial General Liability policies
to the extent of the indemnity obligation assumed herein. In no event does
Seller waive its right of subrogation.
Liability Disclaimer - In no event shall Seller be liable for any incidental,
consequential, or punitive damages. This exclusion applies regardless of
whether such damages are sought based on breach of warranty, breach of
contract, negligence, strict liability in tort, or any other legal theory. Should
Seller nevertheless be found liable for any damages they shall be limited to the
purchase price of the equipment under the order. SELLER DISCLAIMS ANY
LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM MOLD,
FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER
CONTAMINATES.
Patent Indemnity - The Seller shall protect and indemnify the Buyer from and
against all claims, damages, judgments and loss arising from infringement or
alleged infringement of any United States patent by any of the articles or
material delivered hereunder, provided that in the event of suit or threat of suit
for patent infringement, Seller shall promptly be notified and given full
opportunity to negotiate a settlement. Seller does not warrant against
infringement by reason of Buyer's design of the articles or the use thereof in
combination with other materials or in the operation of any process. In the
event of litigation Buyer agrees to reasonably cooperate with Seller. In
connection with any proceeding under the provisions of this Article all parties
concerned shall be entitled to be represented by counsel at their own expense.
Shipment Dates - Shipment dates are estimates only. No valid contract may
be made to ship within or at a specified time unless in writing, signed by an
authorized signatory of Seller. Shipments shall be f.o.b. factory or warehouse at
named shipping point with title and risk of loss passing to Buyer upon delivery
to the carrier.
Cancellation - If, following acceptance of proposal by Buyer, all or any portion
of the resulting order is canceled by Buyer without default on the part of Seller
or without Seller's written consent, Buyer shall be liable to Seller for
cancellation charges including but not limited to Seller's incurred costs and
such profit as would have been realized by Seller from the transaction had the
agreement not been breached by Buyer.
Payment - Payment terms are 100% net 30 days of shipment unless otherwise
expressly agreed to in writing by Seller. Seller reserves the right to add to any
account outstanding for more than 30 days a service charge the lesser of 1-
1/2% of the principal amount due at the end of each month, or the maximum
allowable legal interest rate. To the maximum extent permitted by applicable
law, Customer shall pay Trane $25 for any check or other item returned unpaid
to Trane. Buyer shall be liable to Seller for all collection expenses, including
reasonable attorney's fees and court costs, incurred by Seller in attempting to
collect any amounts due from Buyer. If requested, Seller will provide
appropriate lien waivers upon receipt of payment. Seller reserves the right to
suspend or terminate performance in the event of Buyer's non-payment.
Returns - Products may be returned only with permission of Seller and may be
subject to discount.
Applicable Law - Any agreement resulting from Seller’s proposal will be
governed and construed according to Wisconsin law.
Trane
A Division of American Standard Inc.
1-26.130-4--(03-05)
DEPT: Engineering
DATE: December 13, 2005
ITEM #: 11/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of extending Bid/Contract #Q-0101-03 for the FY 2005-06 Sidewalk Repair Program to
Quantum Contracting, Inc. in an amount of $100,000, as budgeted in the Infrastructure Maintenance Fund.
GOAL(S):
EXECUTIVE SUMMARY:
Quantum Contracting, Inc. was the low bidder for the FY 2000/01 Sidewalk Replacement Program. The contract
with Quantum Contracting included provisions for the city to extend the contract for a one-year period with a
maximum number of four extensions. We extended the contract in 2002, 2003, and 2004. The contract provides a
mechanism for the contractor to request a price increase based upon direct cost increases. The last request for a
price increase was in 2001. Attached to this agenda item is a letter from Quantum Contracting, Inc. requesting a
$.40 per square foot increase, from $5.20/ SF to $5.60/ SF. This is about a 7.7% cost increase. The cost increase is
based on escalating concrete and fuel costs.
Quantum Contracting, Inc. has been very responsive and performed excellent quality work for the city of Coppell.
Therefore, staff recommends the extension of Bid #Q-0101-03 in an amount of $100,000 for the FY 2005/06
Sidewalk Repair Program.
Staff will be available for any questions at the Council meeting.
FINANCIAL COMMENTS: Funds have been budgeted in the Infrastructure Maintenance Fund for this
program.
Agenda Request Form - Revised 09/04 Document Name: #Sidewalk Repair Program
DEPT: Public Works Facilities Division
DATE: December 13, 2005
ITEM #: 11/G
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval to enter into a contract with Siemens Building Technologies to install the HVAC chiller
equipment at Town Center in the amount of $59,825.00, as budgeted; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Siemens Building Technologies (SBT) is our current HVAC maintenance contractor. The labor associated with the
replacement of the Town Center chillers is not covered in the SBT contract (see attached services agreement).
However, because Siemens will be maintaining the chillers in the future and because they did make the
recommendation for the Trane chillers, staff is recommending SBT to provide the labor for the replacement of the
chillers.
The request for approval of the purchase of the chillers is being made under a separate agenda item.
Staff will be available for any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #Siemens HVAC
DEPT: Engineering
DATE: December 13, 2005
ITEM #: 11/H
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of extending Bid/Contract #Q-0402-01 for the FY 2005-06 Reinforced Concrete Pavement
Repair Program to Pavement Services Corporation in an amount of $400,000, as budgeted in the Infrastructure
Maintenance Fund.
GOAL(S):
EXECUTIVE SUMMARY:
Pavement Services Corporation was the low bidder for the FY 2001/02 Concrete Pavement Repair Program. The
contract with Pavement Services included provisions for the city to extend the contract for a one-year period with a
maximum number of four extensions. We extended the bid in 2003, 2004 and 2005 with no price increase. The
contract provides a mechanism for the contractor to request a price increase based upon direct cost increases.
Attached to this agenda item is a letter from Pavement Services Corporation requesting a 10% price increase based
on escalating concrete and fuel costs.
Pavement Services Corporation has been very responsive and performed excellent quality work for the city of
Coppell. Therefore, staff recommends the extension of Bid #Q-0402-01 in an amount of $250,000 for yearly
street, curb and alley repair program and $150,000 for the removal and replacement of curb and gutter in the
Northlake Woodlands Subdivision, as budgeted in the FY 2005/06 Infrastructure Maintenance Fund.
Staff will be available for any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are budgeted in the Infrastructure Maintenance Fund for this program.
Agenda Request Form - Revised 09/04 Document Name: #Street Repair Program
DEPT: Engineering
DATE: December 13, 2005
ITEM #: 11/I
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a resolution authorizing the City of Coppell to enter into a Master Agreement governing local
transportation project advance funding agreements with the State of Texas, acting by and through the Texas
Department of Transportation; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this agenda item will allow the City and the Texas Department of Transportation to proceed with the
implementation of a Master Agreement which is necessary prior to obtaining partial federal funding for roadways.
Staff will be available for any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #TxDOT Agmt
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:December 8, 2005
REF:Consider approval of a resolution authorizing the City of Coppell to enter into a
Master Agreement governing local transportation project advance funding agreements
with the State of Texas, acting by and through the Texas Department of
Transportation; and authorizing the Mayor to sign.
The Transportation Equity Act for the 21st Century (TEA 21) increases the availability of federal
funds for transportation projects, and builds upon the Intermodel Surface Transportation and
Efficiency Act of 1991 (ISTEA) initiatives for the metropolitan transportation planning process.
These regulations mandate the development of a Transportation Improvement Program (TIP) for
a metropolitan planning area by the Metropolitan Planning Organization (MPO) in cooperation
with the State Department of Transportation, local governments, and public transportation
authorities. The TIP identifies roadway projects proposed for funding by federal, state, and local
sources. Roadway projects funded through TEA 21 must be listed in the TIP.
The North Central Texas Council of Governments (NCTCOG) is the MPO for the Dallas-Fort
Worth area and shares project selection authority with the Texas Department of Transportation
(TxDOT). The 2006-2008 TIP for the Dallas-Fort Worth Metropolitan Area was developed by
NCTCOG, in cooperation with TxDOT, local governments, and local transportation agencies,
with input from the public. It identifies two portions of Freeport which could obtain partial
federal funding through one of the funding categories shown in Attachment 'A' of the
Agreement. Also, a portion of West Sandy Lake is eligible to obtain some Federal funds. The
next three paragraphs detail the particulars of the Freeport and Sandy Lake projects.
Freeport Parkway (S.H. 121 to Sandy Lake Road) and Freeport Parkway (Sandy Lake Road to
Ruby Road) are funded through the Surface Transportation Program - Metropolitan Mobility
(STP-MM) program. NCTCOG has project selection responsibility for the STP-MM funding
program and will administer the federal funds. NCTCOG agreed to fund the two projects in the
Memorandum of Understanding, S.H. 121 Funding Strategy that was approved by all impacted
parties and finalized in March 2005. The Memorandum of Understanding outlined the
concessions made to the cities and counties impacted by NCTCOG's and TxDOT's decision to
construct S.H. 121 as an electronic toll facility as opposed to a freeway. Construction of the
Freeport Parkway projects will help to alleviate the heavy traffic on Denton Tap Road and
MacArthur Boulevard during the morning and afternoon rush hours.
The Sandy Lake Road (Denton Tap Rd. to N Coppell Rd.) project was submitted to the city's
congressional representative in February 2005 for consideration of funding. The project was
subsequently included in a list of Congressional Demonstration projects that was recently
provided to TxDOT as part of the Safe, Accountable, Flexible, Efficient Transportation Safety
Act: A Legacy for Users (SAFETEA-LU) enacted in August 2005. TxDOT accepted the
SAFETEA-LU federal funds and submitted the Sandy Lake Road project to NCTCOG for
inclusion in the 2006-2008 TIP through a February 2006 Revision. The project is funded
through the Category 10 - Miscellaneous Program. TxDOT has project selection responsibility
for the miscellaneous funding program and will administer the federal funds. Construction of the
Sandy Lake Road project will provide a continuous four-lane arterial from I.H. 35 in Carrollton
to S.H. 121 in Coppell.
The three projects: Freeport Parkway (S.H. 121 to Sandy Lake Rd.); Freeport Parkway (Sandy
Lake Rd to Ruby Rd.); and the Sandy Lake Road (Denton Tap to N Coppell Rd.) have been
approved for partial federal funding through TEA-21. The projects have or will be included in
the 2006-2008 TIP as required for the federal funding. TxDOT has requested that we enter into a
Master Agreement that generally lays out the responsibilities of TxDOT and the city related to
the three projects. Once the Master Agreement is approved, the city will enter into a Local
Transportation Project Advance Funding Agreement (LPAFA) for each of the projects. The
LPAFA will specifically state each party's responsibilities and funding requirements.
Approval of this agenda item is the first in a series of events by which Federal funding is
allocated to projects. The Master Agreement is generic in nature. If Freeport or Sandy Lake is
constructed with local funds, in lieu of Federal funds, then no further action is needed. However,
if Federal funds are used on Freeport or Sandy Lake, then the City Council would need to
approve a project specific agreement which would detail responsibilities of the Federal
Government and the City of Coppell for design, right of way, construction and funding.
With this agenda item, I have provided a copy of Master Agreement, a copy of the relevant pages
from the 2006-2008 Transportation Improvement Program, and a copy of the Congressional
Demonstration list.
Staff recommends approval of the resolution authorizing the City to enter into a Master
Agreement with the State of Texas, acting by and through the Texas Department of
Transportation and will be available to answer any questions at the Council meeting.
RESOLUTION OF THE CITY OF COPPELL
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
AUTHORIZING THE CITY OF COPPELL TO ENTER INTO A MASTER AGREEMENT
GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING
AGREEMENTS WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE
TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE PARTIAL FEDERAL
FUNDING OF ROADWAY PROJECTS; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Council authorizes the Mayor to enter into an Master Agreement
Governing Local Transportation Project Advance Funding Agreements with the State of Texas
acting by and through the Texas Department of Transportation, for the partial federal funding of
roadway projects; and
SECTION 2. That this resolution shall take effect immediately from and after its adoption
and it is so resolved.
DULY PASSED and approved by the City Council of the City of Coppell, Texas on
this the ______ day of _________________, 2005.
CITY OF COPPELL
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
ROBERT HAGER, CITY ATTORNEY
DEPT: Municipal Court
DATE: December 13, 2005
ITEM #: 11/J
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 5,
Article 5-1, Sections 5-1-5(C) and (D), 5-1-10(B) and (F), 5-1-11(C), 5-1-12(A) and (C), 5-1-13(A), 5-1-14, 5-1-
15(A), and 5-1-17, and Article 5-2, Section 5-2-1, to replace the term "Statement of Facts" with "Reporter's
Record" and the term "Transcript" with "Clerk's Record", and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: The term "Statement of Facts" has been replaced with "Reporter's Record" and the
term "Transcript" has been replaced with "Clerk's Record" through out Chapter 5 Article 5-1 and Article 5-2 to
reflect the changes made during the last legislative session to the Government Code Chapter 30 Subchapter A.
General Law for Municipal Courts of Record.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: Court Ordinance
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 5,
ARTICLE 5-1, SECTIONS 5-1-5(C) AND (D), 5-1-10(B) AND (F), 5-1-11(C), 5-
1-12(A) AND (C), 5-1-13(A), 5-1-14, 5-1-15(A), AND 5-1-17, AND ARTICLE 5-
2, SECTION 5-2-1, TO REPLACE THE TERM “STATEMENT OF FACTS”
WITH “REPORTER’S RECORD” AND THE TERM “TRANSCRIPT”
WITH “CLERK’S RECORD”; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 5, Article 5-1, Sections 5-1-5(C) and (D), 5-1-10(B) and (F),
5-1-11(C), 5-1-12(A) and (C), 5-1-13(A), 5-1-14, 5-1-15(A) and 5-1-17, and Article 5-2, Section 5-
2-1, to replace the term “statement of facts” with “reporter’s record” and the term “transcript” with
the term “clerk’s record,” to read as follows:
“ARTICLE 5-1. ESTABLISHMENT OF THE MUNICIPAL COURT OF RECORD
. . .
Sec. 5-1-5. Record of proceedings; fees.
. . .
C. The record of the municipal court’s proceeding shall be kept and stored for
not less than 20 days beginning the day after the last day of the court proceeding,
trial, or denial of motion for new trial, or until any appeal is final, whichever
occurs last. The proceedings that are appealed shall, upon appropriate request, be
transcribed by a court reporter or other person authorized to transcribe the court of
record proceedings, which, when transcribed, shall be referred to as the reporter’s
record. The court reporter or other person transcribing the proceedings is not
required to have been present at the proceedings when they were recorded. The
court reporter shall certify the official record.
D. The appellant shall pay for the reporter’s record unless the court finds,
after a hearing in response to an affidavit by the defendant, that the defendant is
unable to pay or provide security for the transcription. If the court so finds, the
court shall order the reporter to prepare the record without charge to the
defendant.
. . .
Sec. 5-1-10. Appeal.
. . .
B. The appellate court shall determine each appeal from the municipal court
of record judgment on the basis of the errors that are set forth in the appellant's
motion for new trial and that are presented in the clerk’s record and the reporter’s
record prepared from the proceedings leading to the judgment. An appeal from
the municipal court of record is not trial de novo.
. . .
F. A defendant must also pay a fee of $25.00 for the preparation of the
clerk’s record (the transcript preparation fee). The court administrator shall note
the payment of the fee on the docket of the court. If the case is reversed on appeal,
the fee shall be refunded to the defendant.
. . .
Sec. 5-1-11. Appeal bond; record on appeal.
. . .
C. The record on appeal consists of a clerk’s record and, if necessary to
appeal, a reporter’s record. The court reporter shall prepare the reporter’s record
from the reporter’s notes, records or mechanical or electronic recordings of the
proceedings.
Sec. 5-1-12. Clerk’s record.
A. The municipal court administrator shall prepare under his or her hand and
the seal of the court a clerk’s record of the proceedings in the municipal court of
record after payment of the fee for the preparation of the clerk’s record. The
municipal court administrator shall prepare the clerk’s record under written
instructions from the appellant or the appellant's attorney. The clerk’s record must
substantially conform to the relevant provisions relating to the preparation of a
clerks record in the Texas Rules of Appellate Procedure and any relevant
provisions in the Code of Criminal Procedure. The clerk’s record must, unless
otherwise agreed to by the parties, include a copy of:
. . .
C. The appellee shall file a written instruction to the clerk or administrator of
the municipal court of record if additional portions of the trial proceedings in the
clerk’s record are to be included.
Sec. 5-1-13. Reporter’s record.
A. A reporter’s record included in the record on appeal must contain:
. . .
Sec. 5-1-14. Transfer of record; fee.
The parties must file the clerk’s record, the reporter’s record, if any, and any other
material to be included in the record on appeal that is not in the custody of the
administrator, with the administrator of the municipal court of record not later than 60
days after the date on which the notice of appeal is given or filed. Upon completion of the
record, the municipal judge shall approve the record, and the administrator shall promptly
forward it to the appellate court clerk.
Sec. 5-1-15. Brief on appeal.
A. The appellant must file a brief on appeal with the appellate court clerk not
later than 15 days after the date on which the clerk’s record and reporter’s record,
if any, are filed with that clerk.
. . .
Sec. 5-1-17. Appeal to the court of appeals.
An appeal of the appellate court decision to the court of appeals is governed by
the Texas Rules of Appellate Procedure and the Code of Criminal Procedure, except that
the clerk’s record, briefs, and reporter’s record, if any, filed in the appellate court
constitute the clerk’s record, briefs, and reporter’s record on appeal to the court of
appeals unless the rules of the Texas Court of Criminal Appeals or Texas Supreme Court
provide otherwise.
. . .
ARTICLE 5-2. COURT COSTS AND FEES
Sec. 5-2-1. Clerk’s Record preparation fee.
There is hereby assessed and the municipal courts of record of the city shall
impose and collect a fee for the preparation of the clerk’s record of $25.00 from a
defendant seeking to appeal a judgment from the municipal court of record.
. . .”
SECTION 2. That all provisions of the ordinances and resolutions 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 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision hereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2005.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(DB/cdb 12/02/05) (79714)
pDEPT: Emergency Management/Fire
DATE: December 13, 2005
ITEM #: 11/K
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval to purchase one (1) Pierce Saber Heavy Duty Rescue, to support the Fire
Department trench rescue program, off of the current HGAC contract JDCABA from Martin Apparatus in the
amount of $325,000.00 with grant funds as delineated in Homeland Security Grant Program (HSGP) Sub-Award
Number: 2005 HSGP – 16612, and authorizing the City Manager to execute all appropriate documents.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this purchase are being provided by a Homeland Security Grant.
Agenda Request Form - Revised 09/04 Document Name: (Rescue Truck - 1 Agenda Request
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DIVISION OF EMERGENCY MANAGEMENT Office
of the GovernorRICK PERRYGovernor
Physical Address:
5805 N. Lamar Blvd.
Austin, Texas 78752
STEVEN McCRAW Director
Office of Homeland Security
JACK COLLEYChief
October 12, 2005
The Honorable Doug Stover Mayor, City of CoppellP.O. Box 478Coppell, TX 75019
Dear Mayor Stover:
The enclosed Notice of Sub-recipient Award for the 2005 Homeland Security GrantProgram is being sent to you as the chief elected official for City of Coppell. Theintent of the sub-grant is to aid in improvement of your jurisdiction's ability toenhance capacity of local jurisdictions to prevent, respond to and recover from actsof terrorism and natural disasters. Our Texas Domestic Preparedness Assessmentwebsite indicates that Mr.lohn D. Patterson is the Point of Contact (PaC) for yourjurisdiction. The p_C has been informed that you will be receiving this packet, so itis advisable to communicate with this individual. If the p_C is no longer serving,please provide this letter and it's attachm_nts to the individual who is nowperforming these duties.
The Notice of Sub-recipient Award must by signed by an individual authorized bvthe I!overning board of the iurisdiction or oreanization to accept grants andreturned to GDEM in order to activate the grant. At the city and county level,individuals authorized to accept grants may include county judges, mayors, citymanagers, or chief financial officers. Other signatures will require an accompanyingstatement from the senior elected official authorizing the individual to sign for thejurisdiction. For agencies and organizations, authorized individuals typically includethe Executive Director or Director.
In addition, a Direct Deposit Authorization form has been included and is availableat the Texas State Comptroller's website:http://www.window.state.tx.us/taxinfo/taxforms/74-158.pdf.This form must also befilled out and submitted with the signed sub-recipient agreement to GDEM. A copyof the signed Notice of Sub-recipient Award and Direct Deposit Authorization shouldbe made and retained in the applicable grant files.The deadline to return the signed Notice of Sub-recipient Award and the DirectDeposit Authorization is December 9, 2005. The signed notice must be mailed orpostmarked by the due date. The offer of award will be withdrawn if the signedNotice of Sub-recipient Award is not returned by the due date.
Please mail the signed Notice of Sub-Recipient
Award to:Governor's Division of Emergency
Management Attention: SAA Section
PO Box 4087
Austin, Texas 78773-0270
Contact Numbers: 512-424-2138
Duty Hours 512-424-2277
Non-Duty Hours 512-424-2444 Fax
Mailing Address: PO Box 4087
Austin, Texas 78773-0220
If you have any questions, or require further information regarding this award, please do not hesitateto contact Ben Patterson, SAA Section Manager at (512) 424-7809.
Sincerely,
Jack Colley
Chief
Enclosures:2005 Notice of Sub-recipient AwardDirect Deposit Authorization Form
2005 HSGP - 16612 - City of
CoppellGOVERNOR'S DIVISION OFEMERGENCY MANAGEMENT (GDEM)NOTICE OF SUB-RECIPIENTAWARD FOR
HOMELAND SECURITY GRANTPROGRAM (HSGP)City ofCoppell
1. SUB-RECIPIENT NAME AND ADDRESS: City of Coppell
P.O. Box 478
Coppell, TX 75019
2. FEDERAL GRANT TITLE:
HOMELAND SECURITY GRANT PROGRAM
3A. FEDERAL GRANT A WARD NUMBER:
2005-GE- T5-4025
3B. FEDERAL GRANTING AGENCY:
OFFICE FOR DOMESTIC PREPAREDNESS (ODP)
DEPARTMENT OF HOMELAND SECURITY (DHS) 9.
SPECIAL CONDITIONS
This Subaward is subject to the ODP FY 2005 Homeland Security Grant Program Guidelines and Application Kit. The Guidelines and
Kit can be accessed at http://www.ojp.gov/fundopps.htm. The ODP periodically publishes Information Bulletins to release, update,
amend or clarify grants and programs which it administers. ODP's Information Bulletins can be accessed at
http://www.ojp.usdoj.gov/odp/docslbulletins.htmandareincorporatedbyreferenceintothisSubaward.This Subaward is also subject to
the current Texas Homeland Security Grant Program (HSGP) Grant Instructions, the Federal Grant A ward and to the grant guidance
imposed upon GDEM by DHS. The current Texas HSGP Grant Instructions can be accessed at http://www.texasdpa.info. The Texas
Grant Instructions are intended to complement rather than replace the Federal Program Guidelines published by the ODP and are
incorporated by reference into this Sub-award together with the attached Special Conditions.
10. STATUTORY AUTHORITY FOR GRANT
This project is supported under Public Law 108-334, the Department of Homeland Security Appropriations Act of
2005.
4. SUB-A WARD NUMBER:2005 HSGP - 16612
5. PERFORMANCE PERIOD: FROM OCT. I, 2004 - DEC 30, 2006
BUDGET PERIOD: FROM OCT I, 2004 - DEC 30, 2006 6. DATE OF
FEDERAL A WARD TO GDEM:
AUGUST 27, 2005
7. AMOUNT OF SUBAWARD:
$325,000.00
8. SUBA WARD DATE
OCTOBER 11,2005
10. ACTION
INITIAL A WARD
11. A-B3 REPORTING REQUIREMENT:
All sub-recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than $500,000 in federal
funds in one fiscal year. The Federal Audit Clearinghouse submission requirements can be found at http://harvesteLGerisus.gov/sac/.
A report must be submitted to GDEM - SAA each year this grant is active. Sub-recipient shall comply with the audit requirements set
forth in OMB Circular A-l33.
12. METHOD OF PAYMENT
Primary method is reimbursement. See the 2005 Texas Homeland Security Grant Program Guidelines for further instructions on
obtaining reimbursement. (2005 Guide will be sent under separate letter)
13. DEBARMENT / SUSPENSION CERTIFICATION:
By signing in block 19 below, the sub-recipient official certifies the jurisdiction is not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded by any federal department or agency at http://www.epls.gov.
14. NON-SUPPLANTING CERTIFICATION:
By signing in block 19 below, the sub-recipient official certifies federal funds will be used to supplement existing funds, and will not
replace (supplant) funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation
certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
AGENCY APPROVAL
15. APPROVING GDEM OFFICIAL JackColley, ChiefDivision of EmergencyManagement Office of theGovernor
SUB-RECIPIENT ACCEPTANCE
17.TYPED NAME AND TITLE OF AUTHORIZED
SUB-RECIPIENT OFFICIAL
Douglas Stover
Mayor. City
19. DATE
1 November 2005
CFDA 97.008 UASI 2005 $ 0.00 CFDA 97.073 SHSP 2005 $325,000.00 CFDA 97.074 LETPP 2005 $ 0.00
CFDA 97.071 MMRS 2005 $ 0.00 CFDA 97.053 CCP 2005 $ 0.00
2005 SHOP Notice of Sub-Recipient Award Page l.of6
2005 HSGP - 16612 - City ofCoppell
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT PROGRAM
NOTICE OF SUB-RECIPIENT AWARD FOR City of Coppell
AWARD NUMBER 2005 HSGP-16612 AWARD DATE: OCTOBER 1I,2005
SPECIAL CONDITIONS
1) Purpose: Sub-grant funds will be used to provide law enforcement and emergency response communities with
enhanced capabilities for preparing and responding to the potential threats of manmade and natural
disasters.
2) Overview: Funds provided shall be used to provide law enforcement and emergency response communities
with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism as described
in the Federal Program Guidelines, specifically: planning, equipment, training and exercise needs. All costs
under these categories must be eligible under OMB Circular No. A-87 Attachment A, located at
http://www.whitehouse.gov/omb/circulars/index.htm1.
3) The Notice of Sub-recipient Award is only an offer until the sub-recipient returns the signed copy of the
Notification of Sub-recipient Award in accordance with the date provided in the transmittal letter.
4) Sub-recipient agrees to comply with the applicable financial and administrative requirements set forth in the
current edition of the Office of Justice Programs (OJP) Financial Guide located at
http://www.ojp.usdoj.gov/ocl.
5) Sub-recipient agrees to comply with the organizational audit requirements of OMB Circular A-l33, Audits of
States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the
OJP Financial Guide.
6) Sub-recipient agrees to make no request for reimbursement prior to return of this agreement and signed by
the
authorized sub-recipient representative.
7) Sub-recipient agrees to make no request for reimbursement for goods or services procured by sub-recipient
prior
to the performance period start date of this agreement.
8) Sub-recipient agrees to comply with the U.S. Department of Homeland Security Fiscal Year 2005 Homeland
Security Grant Program Guidelines and Application Kit and the Notice of Award from ODP to GDEM.
9) Sub-recipient agrees to monitor the activities of program participants as necessary to ensure that federal
awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts
or grant agreements and that performance goals are achieved.
10) Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's
obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities
hereunder. GDEM shall not be liable to the Sub-recipient for costs under this Agreement which exceed the
amount specified in the Notice of Sub-recipient A ward.
11) Projects identified in the Domestic Preparedness Assessment website (www.texasdpa.com) must identify and
relate to the goals and objectives indicated by the applicable Texas Homeland Security Strategic Plan for the
grant period of performance.
12) Sub-recipient agrees to comply with all reporting requirements and shall provide such information as required
to
GDEM for reporting as noted in the 2005 Federal Grant Guidelines.
13) Sub-recipient must prepare and submit quarterly performance reports to GDEM for the duration of the grant
perfonnance period or until all grant activities are completed and the grant is formally closed. Sub-recipient
may also be required to submit additional information and data requested by GDEM.
2005 SHGP Notice of Sub-Recipient Award Page 20f6
2005 HSGP - 16612 - City ofCoppell
14) GDEM may perform periodic reviews of sub-recipient performance of eligible activities and approved projects.
These reviews may include, without limitation: performance of on-site audit and compliance monitoring -
including inspection of all grant-related records and items, comparing actual sub-recipient activities to those
approved in the sub-award application and subsequent modifications if any, ensuring that advances have
been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances,
information provided on performance reports and payment requests, needs and threat assessments and
strategies.
15) GDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be imposed
for any of the following reasons: failing to comply with the requirements or statutory objectives of federal
law, failing to make satisfactory progress toward the goals or objectives set forth in the sub-award
application, failing to follow grant agreement requirements or special conditions, failing to submit required
reports, filing a false certification in the application or other report or document.
16) GDEM will close a sub-award after receiving sub-recipient's final performance report indicating that all
approved work has been completed and all funds have been disbursed, completing a review to confirm the
accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If
the close out review and reconciliation indicates that the sub-recipient is owed additional funds, GDEM will
send the final payment automatically to the sub-recipient. If the sub-recipient did not use all the funds
received, GDEM will issue an invoice to recover the unused funds.
17) Sub-recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of
government, without the express prior written approval of ODP.
18) The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance with the
Fiscal Year 2005 Homeland Security Grant Program Guidelines and Application Kit and must support the goals
and objectives included in the State Homeland Security Strategy and the Urban Area Homeland Security
Strategies.
19) When implementing the Office of State and Local Government Coordination and Preparedness (SLGCP)
funded activities, the sub-recipient must comply with all federal civil rights laws, to include Title VI of the Civil
Rights Act, as amended. The sub-recipient is required to take reasonable steps to ensure persons of limited
English proficiency have meaningful access to language assistance services regarding the development of
proposals and budgets and conducting SLGCP funded activities.
20) The sub-recipient agrees that all publications created with funding under this grant shall prominently contain
the following statement: 'This Document was prepared under a grant from the SLGCP, United States
Department of Homeland Security. Point of view or opinions expressed in the document are those of the
authors and do not necessarily represent the official position or policies of SLGCP orthe U.S. Department of
Homeland Security.'
21) The sub-recipient agrees that any equipment purchased with grant funding shall be prominently marked as
follows: 'Purchased with funds provided by the U.S. Department of Homeland Security.' Exceptions to this
requirement are limited to items where placing of the marking is not possible due to the nature of the
equipment.
22) The sub-recipient agrees to cooperate with any assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information required for the
assessment or evaluation of any activities within this project.
23) Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed
justification must be submitted to and approved by GDEM prior to obligation or expenditure of such funds.
24) Sub-recipient acknowledges that SLGCP reserves a royalty-free, non-excluSive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (I) the
copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a
recipient or sub-recipient purchases ownership with Federal support. The Recipient agrees to consult with
SLGCP regarding the allocation of any patent rights that arise from, or are purchased with, this funding.
25) Sub-recipient shall provide the assurances required by ODP. Failure to comply may result in the withholding of
funds, termination of the award or other sanctions.
2005 SHGP Notice of Sub-Recipient Award Page Tof 6
2005 HSGP - 16612 - City ofCoppell
26) Sub-recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major
resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teamslresponse
units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and
rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded
resources available to other jurisdictions through mutual aid.
27) Sub-recipients must implement the National Incident Management System (NIMS) at the local level. The
requirement to train personnel on the IS-700 course, National Incident Management System (NIMS), An
Introduction, has been extended into FY 06. Grant recipients should still complete the following other four
aspects of this task no later than October I, 2005: (1) Formally recognize the NIMS and adopt the NIMS
principles and policies, (2) Establish a NIMS baseline by determining which NIMS requirements are met, (3)
Establish a timeframe and (4) Develop a strategy for full NIMS implementation and institutionalize the use of
the Incident Command System (ICS).
28) Sub-recipients must maintain an updated inventory of equipment purchased through this grant
program.29) Sub-recipient may request an advance for expenditures incurred under this program. Requests must be made
in writing from the chief elected official and submitted to GDEM. Leuers for advance payments must be
certified by the financial officer of the sub-recipient organization. GDEM will make the determination whether
an advance will be made. Conditions for use and reporting of the advance payments will be available with the
forms. If a sub-recipient is approved for an advance, the funds must be deposited in a separate interest
bearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part 66, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at
http://www.access.gpo.gov/nara/cfr/waisidx_04128cfrv2_04.html and the Uniform Rule 28 CFR Part 70,
Uniform Administrative Requirements for Grants and Agreements (including sub-awards) with Institutions of
Higher Education, Hospitals, and other Nonprofit Organizations, at
http://www.access.gpo.gov/nara/cfrlwaisidx_03/28cfr70_03.html. Any interest earned in excess of $100
must, on a quarterly basis, be remitted to:
United States Department of Health and Human
Services Division of Payment Management Services
P.O. Box 6021
Rockville, MD 20852
Sub-recipients must report any interest remitted to
GDEM.30) Notice. All notices or communication required or permitted to be given by either party hereunder shall be
deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by
overnight courier, such as Federal Express, to the other party at its respective address set forth below or to
such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices
shall be deemed to be received on the third business day following the date of mailing. Notices sent by
overnight courier shall be deemed received the following business day.
TO : Sub-recipient
addressTO: Jack Colley, Chief
Division of Emergency Management
Office of the Governor
PO Box 4087
Austin, TX 78773-0220
2005 SHGP Notice of Sub-Recipient Award Page 4 of 6
DEPT: Planning
DATE: December 13, 2005
ITEM #: 11/L
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-197R2-H, Old Coppell Townhomes, zoning change from PD-
197R-H (Planned Development-197 Revised-Historic) to PD-197R2-H (Planned Development-197 Revision 2-
Historic) to attach Detail Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to allow the
development of two single-family homes, each on approximately 0.10 of an acre of property along Mobley Way,
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 October 20, 2005, the Planning Commission unanimously approved this zoning change (7-0).
On November 8, 2005, Council unanimously approved this zoning change (5-0-1) with Councilmember Faught
abstaining due to a conflict of interest.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @PD-197R2-H ORD 1-AR (Con)
1 80126
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-197R-H (PLANNED
DEVELOPMENT-197 REVISED-HISTORIC) TO PD-197R2-H (PLANNED
DEVELOPMENT-197 REVISION 2-HISTORIC) TO ATTACH DETAIL
SITE PLANS FOR UNIT H (LOT 17, BLOCK A) AND UNIT I (LOT 6,
BLOCK B), TO ALLOW THE DEVELOPMENT OF TWO SINGLE-
FAMILY HOMES, EACH ON APPROXIMATELY 0.10 OF AN ACRE OF
PROPERTY ALONG MOBLEY WAY, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING
FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE DETAIL SITE PLAN, ELEVATIONS OF BUILDING
H, AND ELEVATIONS OF BUILDING I, ATTACHED HERETO AS
EXHIBITS “B”, “C”, AND “D”, RESPECTIVELY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-197R2-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-197R-H (Planned
Development-197 Revised-Historic) to PD-197R2-H (Planned Development-197 Revision 2-
Historic) to attach Detail Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to
2 80126
allow the development, in accordance with this ordinance, of two single-family homes, each on
approximately 0.10 of an acre of property along Mobley Way, and being more particularly
described in Exhibit “A”, attached hereto and made a part hereof for all purposes.
SECTION 2.That the property shall be developed and used only in accordance with the
following development conditions as set forth hereinbelow;
(A) Except as amended herein, the property shall be developed in accordance with
Ordinance 91500-A-353, which is incorporated herein as set forth in full and hereby
republished.
SECTION 3.That the Detail Site Plan, Elevations of Building H, and Elevations of
Building I, attached hereto as Exhibits “B”, “C”, and “D”, respectively, and made a part hereof for
all purposes as development regulations, are hereby, approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
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.
3 80126
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8.That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9.That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2005. APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/7/05)
DEPT: Information Systems
DATE: December 13, 2005
ITEM #: 11/M
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a 3 year contract renewal with Clear Technologies for the continued lease and maintenance
of the C2 Citizen Relationship Management (CRM) software application and associated hardware in the amount of
$99,434.00, as budgeted; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The city installed the C2 CRM in December 2002 to provide for the electronic entering, tracking and reporting of
non-emergency requests for service for all departments of the city. C2 also provides for all the content
management of the city’s web page and the CoppellClips electronic newsletter. This lease term (36 mos.) and
lease amount are the same as the previous lease and include significant enhancements to the system hardware to
improve performance.
FINANCIAL COMMENTS: Funds have been budgeted for year 1 in the Information Systems Departmental
Budget. Years 2 and 3 are included in the 5 year plan and will be incorporated in the Information Systems budget
requests.
Agenda Request Form - Revised 09/04 Document Name: {C2_LeaseRenewal-1AR(CONSENT)
TERM LEASE SUPPLEMENT
Date Prepared: 11102/05 Page 1
Customer No.: 1782173 Supplement Number: DOOC71614
Customer Address Installed at Location IBM CSO Location: YQ4
255 PARKWAY BLVD 255 PARKWAY BLVD IBM CSO Location Address
COPPELL , TX 75019-2602 COPPELL , TX 75019-2602 IBM CREDIT LLC Term Lease Master Agreement No.: 2185662
NORTH CASTLE DRIVE
ARMONK, NY 10504
- -
001 17821731 TX 8840-25U G' 00 36
6369987 XSER346 XEON 3.2GHZ 2x51
002 17821731 TX 8840-25U G' 00 36
6369987 XSER346 XEON 3.2GHZ 2x51
003 I7821731 TX 9994-001 B531371 T NA 36
6369987 VENDOR SOURCED PRODUCTSISVCS
Name (Type or Print) Date Name (Type or Print) Date
2125-3319-26 (08105)
State of Organization: TX
Supplier Name Supplier Customer No.
AVNET INC 8431809
Total Amount
Financed
(this page)
99,434.00
Fiscal Year Start Date
(MonthIDay)
0710 1
Total Rent
(all pages)
Taxes May Apply
3,087.00
(") Interim
Rent
Applies
NO
P
(') Security Deposit
(') See page 2 for explanations, definitions and add~tional terms.
(") First of the monlh follow~ng the date as ind~cated on the COA or the Date of Installation.
RATE VALIDIN DATE: 11109105.
THE TERM LEASE MASTER AGREEMENT (THE "AGREEMENT") REFERENCED ABOVE, IS HEREBY INCORPORATED BY REFERENCE AND LESSEE HEREUNDER SHALL BE BOUND TO THE TERMS AND CONDITIONS OF
THE AGREEMENT AS LESSEE. THE AGREEMENT, THlS SUPPLEMENT AND ANY APPLICABLE AlTACHMENTS OR ADDENDA ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE PARTIES WITH RESPECT TO THE
' 4
SUBJECT MATTER HEREIN. THESE DOCUMENTS SUPERSEDE ANY PRIOR ORAL OR WRITTEN COMMUNICATIONS BETWEEN THE PARTIES. BY SIGNING BELOW, LESSEE REPRESENTS AND WARRANTS THAT LESSEE'S
NAME AS SET FORTH IN THE SIGNATURE BLOCK BELOW IS LESSEE'S EXACT LEGAL NAME. AND THE INFORMATION IDENTIFYING LESSEE'S STATE OF ORGANIZATION IS TRUE, ACCURATE AND COMPLETE IN ALL
RESPECTS. BY SIGNING BELOW, BOTH PARTIES AGREE TO THE TERMS REPRESENTED BY THlS SUPPLEMENT AS IT MAY BE AMENDED OR MODIFIED. IF AGREED TO IN WRITING BY LESSEE, LESSEE AUTHORIZES
LESSOR TO CHANGE THE AMOUNT FINANCED ANDIOR THE RENT. LESSEE FURTHER AUTHORIZES LESSOR TO INSERT MACHINE SERIAL NUMBERS ON THlS SUPPLEMENT AS THEY BECOME AVAILABLE, WITHOUT
FURTHER AUTHORIZATION FROM LESSEE. DELIVERY OF AN EXECUTED COPY OF ANY OF THE DOCUMENTS REFERENCED ABOVE BY FACSIMILE OR OTHER RELIABLE MEANS SHALL BE DEEMED TO BE AS EF-
FECTIVE FOR ALL PURPOSES AS DELIVERY OF A MANUALLY EXECUTED COPY. LESSEE ACKNOWLEDGES THAT LESSOR MAY MAINTAIN A COPY OF THESE DOCUMENTS IN ELECTRONIC FORM AND AGREES THAT
A COPY REPRODUCED FROM SUCH ELECTRONIC FORM OR BY ANY OTHER RELIABLE MEANS (FOR EXAMPLE, PHOTOCOPY, IMAGE OR FACSIMILE) SHALL IN ALL RESPECTS BE CONSIDERED EQUIVALENT TO AN
ORIGINAL. IF INDICATED HERE, THE FOLLOWING AlTACHMENTS SHALL APPLY TO AND BE INCORPORATED BY REFERENCE:
Accepted by:
IBM Credit LLC
CITY OF COPPELL
Lessee
For or as Lessor:
By: By:
Authorized Signature Authorized Signature
Total Amount
Financed
(all pages)
99,434.00
Total Rent
(this page)
Taxes May Apply
3,087.00
I
Payment Period
MONTHLY IN ARREARS
Payment Commencement Dat **
DEPT: City Manager's Office
DATE: December 13, 2005
ITEM #: 12
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 Historic Coppell Properties Inc., described as Lot 1, Block 1of the Historic Coppell Properties
Addition (1.636 acre) and located south of Bethel Road, approximately 185 feet east of Coppell Road.
GOAL(S):
EXECUTIVE SUMMARY:
The Public Hearing Announcement was published in the Citizens Advocate on Friday, December 2, 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Historic Coppell Properties Lot 1
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 December,
2005, at 7:00 P.M., to consider designation of the property
described as Lot 1, Block 1 of the Historic Coppell Properties
Addition (1.636 acre), located on the south side of Bethel Rd.,
approximately 185 feet east of Coppell Rd., Coppell, Texas,
Historic Coppell Properties, Inc. 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 December 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: December 13, 2005
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance designating Historic Coppell Properties Inc., Reinvestment Zone No. 48, 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
December 13, 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Historic Coppell Properties Lot 1
Ordinance - 1 AR
1 80060
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 48 (HISTORIC COPPELL PROPERTIES,
INC.); 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. 48 (Historic Coppell Properties, Inc.).”
2 80060
SECTION 3.That the property within Reinvestment Zone No. 48 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 STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
PETER G. SMITH, CITY ATTORNEY
(PGS/si 12/1/05)(80060)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
DEPT: City Manager's Office
DATE: December 13, 2005
ITEM #: 14
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 Majestic-Park West Partners, L.P., a Delaware limited partnership and Northwestern Mutual Life
Insurance Company, a Wisconsin corporation, described as Block 2, Lot 2R-2 of Park West Commerce Center
(16.800 acres) and located at the northwest corner of Belt Line Road and Airline.
GOAL(S):
EXECUTIVE SUMMARY:
The Public Hearing Announcement was published in the Dallas Morning News on December 4, 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Majestic Realty PH - 1 AR
DEPT: City Manager's Office
DATE: December 13, 2005
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance designating Majestic Park West Partners L.P. and the Northwestern Mutual
Life Insurance Company, Reinvestment Zone No. 47, 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
December 13, 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Majestic Realty Ordinance - 1 AR
1 74206
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 47 (MAJESTIC PARK WEST PARTNERS LP
AND THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY);
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. 47 (Majestic Park West Partners and The Northwestern Mutual Life Insurance Co.).”
2 74206
SECTION 3.That the property within Reinvestment Zone No. 47 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 STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
DEPT: City Manager's Office
DATE: December 13, 2005
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell, Majestic
Park West Partners LP and the Northwestern Mutual Life Insurance Company, 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
December 13, 2005. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement request on May 4, 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Majestic Realty Resolution - 1 AR
1 74205
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 MAJESTIC PARK WEST
PARTNERS, L.P. AND THE NORTHWESTERN MUTUAL LIFE INSURANCE
COMPANY; 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 Majestic Park West Partners, L.P., a Delaware limited
partnership and The Northwestern Mutual Life Insurance Company, a Wisconsin corporation, 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 74205
SECTION 5.The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6.This Resolution and the Tax Abatement Agreement are hereby approved by
the affirmative vote of the majority of the members of the City Council of the City of Coppell,
Texas, at a regularly scheduled meeting of the City Council.
SECTION 7.This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2005.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/si 12/01/05)
Majestic Realty Co. Tax Abatement Agreement –Page 1 74190
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 Majestic-Park West Partners, L.P., a Delaware limited
partnership and Northwestern Mutual Life Insurance Company, a Wisconsin corporation
(“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. 47 (the “Zone”),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and
WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement
Guidelines”); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner owns, or is under contract to purchase, the real property described in
Exhibit “A” (“Land”) and intends to construct certain Improvements (hereinafter defined) 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
Majestic Realty Co. Tax Abatement Agreement –Page 2 74190
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable and would be of benefit to the Premises to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
WHEREAS, the City desires to enter into an agreement with the Owner for the abatement
of taxes pursuant to Chapter 312 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
“Base Year Taxable Value” shall mean the Taxable Value for the Improvements 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
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.
Majestic Realty Co. Tax Abatement Agreement –Page 3 74190
“First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of issuance of the first certificate of occupancy for the first tenant 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 additions or expansions constructed on the
Land during the term of this Agreement.
“Premises” shall collectively mean the Land and Improvements.
“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.
Article II
General Provisions
2.1 The Owner owns or is under contract, to purchase the Land, which Land is located
within the city limits of the City and intends to construct the Improvements.
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.
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.
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 Eight Million Five Hundred Thousand
Dollars ($8,500,000) 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)
Majestic Realty Co. Tax Abatement Agreement –Page 4 74190
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 agrees to construct two office/warehouse or retail showroom buildings containing in
the aggregate at least 290,000 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 cause the Improvements to be constructed on the
Land but said action is 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 three (3) calendar months after the Effective
Date, and to cause Completion of Construction of the Improvements to occur within twelve (12)
calendar months thereafter, as good and valuable consideration for this Agreement, and that all
construction of the Improvements will be in accordance with all applicable state and local laws,
codes, and regulations, (or valid waiver thereof).
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 office/warehouse or retail showroom buildings for a period
of five (5) years commencing on the date the first final certificate of occupancy is issued for the
Improvements.
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).
Majestic Realty Co. Tax Abatement Agreement –Page 5 74190
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.
6.4 Owner agrees to provide to the City and any other tenants of the Improvements,
the benefit of the tax abatement of the Improvements granted herein. Owner shall, upon written
request, provide the City, with satisfactory evidence that the benefits of this Tax Agreement have
been provided to any applicable tenants of the Improvements.
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
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.
Majestic Realty Co. Tax Abatement Agreement –Page 6 74190
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:
Majestic-Park West Partners, L.P., a Delaware limited partnership
Attn: Al Sorrels
5000 Quorum Drive, Suite 100
Dallas, Texas 75254
With copy to :
Northwestern Mutual Life Insurance Company, a Wisconsin corporation
Attn: Ernie Willmore
5100 Tennyson Parkway, Suite 2200
Plano, Texas 75024
Majestic Realty Co. Tax Abatement Agreement –Page 7 74190
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
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. The parties agree to submit to the jurisdiction of said court.
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.
Majestic Realty Co. Tax Abatement Agreement –Page 8 74190
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 written consent of the City
Manager.
EXECUTED in duplicate originals the ____ day of ________, 2005.
City of Coppell, Texas
By: ______________________________________
Douglas N. Stover, Mayor
Attest:
By: _______________________________________
Libby Ball, City Secretary
Approved as to Form:
By:
City Attorney
EXECUTED in duplicate originals the ____ day of ________, 2005.
The Northwestern Mutual Life Insurance Company,
A Wisconsin corporation
By: Northwestern Investment Management
Company, L.L.C., a Delaware limited liability
company, its wholly-owned affiliate and
authorized representative.
By:
Its:
Majestic Realty Co. Tax Abatement Agreement –Page 9 74190
EXECUTED in duplicate originals the ____ day of ________, 2005.
Majestic-Park West Partners, L.P., a Delaware Limited
Partnership
By: Majestic Coppell G.P., L.L.C., a Delaware
Limited Liability Company, its General Partner
By: Majestic Realty Co., a California Corporation
Manager’s Agent
By:
Its:
By:
Its:
Majestic Realty Co. Tax Abatement Agreement –Page 10 74190
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 _______________________, the authorized representative of the wholly-
owned affiliate of Northwestern Investment Management Company, L.L.C., a Delaware limited
liability company, of The Northwestern Mutual Life Insurance Company, a Wisconsin
Corporation on behalf of said corporation and company and upon oath stated that he has read the
foregoing document and has executed same in, for and on behalf of said corporation and
company.
___________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Majestic Realty Co. Tax Abatement Agreement –Page 11 74190
Owner’s Acknowledgment
State of Texas §
§
County of Dallas §
BEFORE ME, the undersigned authority, on this ___ day of _____________, 2005,
personally appeared _______________________, the manager’s agent and authorized
representative of Majestic Realty Co., a California corporation, on behalf of said corporation
upon oath stated that he has read the foregoing document and has executed same in, for and on
behalf of said company.
___________________________________
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 _______________________, its general partner and authorized
representative of Majestic Coppell G.P., L.L.C., a Delaware limited liability company, on behalf
of said company and partnership, upon oath stated that he has read the foregoing document and
has executed same in, for and on behalf of said company.
___________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Majestic Realty Co. Tax Abatement Agreement –Page 12 74190
Exhibit “A”
Legal Description of Land
DESCRIPTION, of a 16.800 acre tract of land situated in the James A. Simmons
Survey, Abstract No. 1296, in the City of Coppell, Dallas County, Texas, and being all of
Lot 2R-2, Block 2 of Park West Commerce Center as recorded in Volume 2000242,
Page 1144 of the Deed Records of Dallas County, Texas; said 16.800 acre tract of land
being more particularly described as follows:
BEGINNING, at a 1/2-inch iron rod with "HALFF ASSOC" cap found at the most
southerly point of a 38.00 foot radial corner clip located on the common line between
the north right-of-way of Airline Drive (a variable width right-of-way, 93 feet wide at this
point) and the west right-of-way line of Beltline Road (a 120 foot wide right-of-way at this
point);
THENCE, along the said north line of Airline Drive the following three courses and
distances;
North 89 degrees, 06 minutes, 46 seconds West, a distance of 126.02 feet to a
1/2" iron rod with "HALFF ASSOC" cap found for corner;
South 75 degrees, 57 minutes, 33 seconds West, a distance of 64.05 feet to a
1/2" iron rod with "HALFF ASSOC" cap found for corner; Airline Drive being a 60
foot wide right-of-way at this point;
North 89 degrees, 06 minutes, 46 seconds West , a distance of 504.10 feet to a
1/2" iron rod with "PACHECO KOCH" cap found; said point being the southeast
corner of Lot 2R-2, Block 2 Park West Commerce Center, an addition to the City
of Coppell, Texas according to the Minor Amending Plat recorded in Volume
2000242, Page 1144 of the Deed Records of Dallas County, Texas;
THENCE, North 00 degrees, 53 minutes, 14 seconds East, departing the said north line
of Airline Drive and along the east line of said Lot 2R-2, a distance of 1003.40 feet to a
1/2-inch iron rod with "Pacheco Koch" cap found for corner; said point being in the south
line of Lot 2, Block 1, Park West Commerce Center, an addition to the City of Coppell,
Texas according to the plat recorded in Volume 93226, Page 2864 of the Deed Records
of Dallas County, Texas;
THENCE, South 89 degrees, 06 minutes, 01 seconds East; along the south line of said
Block 1; a distance of 736.15 feet to a to a 1/2" iron rod with "HALFF ASSOC" cap
found for corner in the said west line of Belt Line Road;
THENCE, South 01 degrees, 15 minutes, 30 seconds West, along the said west line of
Belt Line Road, a distance of 949.00 feet to the north end of said curving corner clip
Majestic Realty Co. Tax Abatement Agreement –Page 13 74190
whose center of said corner clip bears North 88 degrees, 44 minutes, 30 seconds West,
a distance of 35.00 feet from said point;
THENCE, along said curving corner clip and north right-of-way line of Airline Drive
through a central angle of 89 degrees, 37 minutes, 44 seconds an arc distance of 59.44
feet on a chord bearing and distance of South 46 degrees, 04 minutes, 22 seconds
West, 53.57 feet to the POINT OF BEGINNING;
CONTAINING, 731,815 feet or 16.800 acres of land, more or less.
DEPT: Planning
DATE: December 13, 2005
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING (Continuation):
Consider approval of Case No. PD-103R2(CH), Lake Park Addition, a City-initiated Public Hearing to consider
amending PD-103 (Planned Development-103) to increase the maximum building height from one- to two-and-a-
half-stories (35 feet) on Lots 1-11, Block A, of the Lake Park Addition located along the south side of Glen Lakes
Drive (623 to 663 Glen Lakes Drive).
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: October 20, 2005
Decision of P&Z Commission: Denial (4-3) with Commissioners Borchgardt, Foreman, Haas and Reese
voting for denial. Commissioners Hall, McCaffrey and Kittrell opposed.
As requested by Mrs. Head, Council voted to continue discussion of this case to November 8, 2005.
Please see attached appeal from Mrs. Head, owner on Glen Lakes Drive, who requested this zoning change.
Staff recommends approval, subject to the following conditions:
1) There is support from the homeowners on Phillips Drive.
2) Second-story additions shall be designed in such a manner that there is no visibility (from
windows/balconies) into the homes/yards of the homes abutting Phillips Drive or those next door.
A ¾ vote of Council (6 out of 7) is necessary to overturn the Planning Commission’s vote of denial.
Agenda Request Form - Revised 09/04 Document Name: @1PD103R2(CH) LP 1-AR
Item # 6
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-103R2(CH), Lake Park Addition
P & Z HEARING DATE: October 20, 2005
C.C. HEARING DATE: November 8, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Along the south side of Glen Lakes Drive (623 to 663 Glen Lakes
Drive)
SIZE OF AREA: 11 single-family lots.
CURRENT ZONING: PD-103 (Planned Development-103), Lake Park Addition
REQUEST: City-initiated Public Hearing to consider an increase in the
maximum building height from one- to two-and-a-half-stories (35
feet) on Lots 1-11, Block A (623 to 663 Glen Lakes Drive).
HISTORY: PD 103 was established in 1987 for single family homes. Due to
opposition from the residents on Phillips, a one-story height
restriction was placed on these 11 lots by City Council. The Final
Plat for the Lake Park Addition was originally approved in 1991. In
1994, City Council approved a replat of Lots 10-14, 17, 19-22 and
24-25 to incorporate additional land adjacent to the flood plain. In
2000, Lot 15 (579 Lake Park Drive) was also replatted to incorporate
the adjacent flood plain land.
TRANSPORTATION: Glen Lakes Drive is a residential street built within 50-feet of right-
of-way.
Item # 6
Page 2 of 3
SURROUNDING LAND USE & ZONING:
North – single family; PD-103 – Lake Park Addition
South – single family; PD-141 – Parkwood Section 2
East – single family; SF-12 – Prestwick Addition
West – City park/lake; TC – Moore Road Park
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable for medium density single family.
DISCUSSION: This request was brought forward through a petition from six out of the 11
homes along the south side of Glen Lakes Drive, requesting to have the
option to add a second story to their homes. This one-story restriction
was placed on these eleven lots by City Council during the public hearing
process on the rezoning and platting in the late 80’s. At that time there
was significant concern from the existing homeowners on Phillips about
the quality and density of homes, and the potential loss of backyard
privacy. Now that these homes are built, some of the homeowners along
Glen Lakes Drive desire relief from this restriction. Staff can only
support this request if:
• there is support from the homeowners on Phillips; and
• Second story additions shall be designed in such a manner that there is
no visibility (from windows/balconies) into the homes/yards of the
homes abutting Phillips Drive.
It is also noted that this one story limitation is not imposed on any other
lots either within the Lake Park Addition or any of the Parkwood Section
2 addition (Phillips Drive). While Lake Park is developed with a mixture
of one-and two-story homes, the homes along Phillips are all constructed
as one-story. Over the years, however, several of the owners in this
general area have constructed two story additions over their garages.
It is staff’s understanding that the initiator of this petition, Mrs. Head
made contact with the homeowners on the north side of Phillips to explain
the intent and to assess their views on the proposed rezoning. She has
stated that there was general support for her request from those property
owners, but we have not been able to verify that statement. We do note
that notice of this public hearing was sent to 60 property owners within
200 feet of the subject properties, which included those abutting the
subject lots along Phillips Drive. As of October 14th one response has
been received from a property owner on Phillips in opposition. Finally, a
Item # 6
Page 3 of 3
sign was placed at the intersection of Glen Lakes and DeForest so notice
of this request should be common knowledge within the neighborhood.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendment to PD-103 to revise the
Height Regulations to delete the following reference: “All of the building
constructed on the lots adjacent to the Parkwood addition shall be one
story in height”, thus allowing an increase in the maximum building
height from one- to two-and-a-half-stories (35 feet) on Lots 1-11, Block A
(623 to 663 Glen Lakes Drive), subject to the following conditions:
1) There is support from the homeowners on Phillips Drive.
2) Second-story additions shall be designed in such a manner
that there is no visibility (from windows/balconies) into
the homes/yards of the homes abutting Phillips Drive.
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) Petition from property owners
2) Existing PD Conditions
3) Aerial of the area.
4) Plat
Glen Lakes DrivePhillips DrivePD-103R2(CH), Lake Park AdditionRequest: to allow for an increase in the maximumbuilding height from one- to two-and-a-half-stories (35feet) on Lots 1-11, Block A
DEPT: Planning
DATE: December 13, 2005
ITEM #: 18
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1228R-C, Coppell Montessori Academy, zoning change request from S-1228-C
(Special Use Permit-1228-Commercial) to S-1228R-C (Special Use Permit-1228 Revised-Commercial), to amend
the Site Plan to allow the construction of an approximate 240-square-foot greenhouse as an ancillary use to the
private school on 1.68 acres of property located along the north side of Fitness Court, approximately 250-feet west
of Denton Tap Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: November 17, 2005
Decision of P&Z Commission: Approved (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) A variance from the Board of Adjustment is required to permit glass to exceed 50 percent of the total
area of any one façade of a building.
2) Additional comments may be generated upon detailed Engineering review.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @2S-1228R-C, CMA 1-AR
Item # 4
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1228R-C, Coppell Montessori Academy
P & Z HEARING DATE: November 17, 2005
C.C. HEARING DATE: December 13, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: Along the north side of Fitness Court, approximately 250-feet west
of Denton Tap Road.
SIZE OF AREA: 1.68 acres of property
CURRENT ZONING: S-1228-C (Special Use Permit-1228-Commercial)
REQUEST: S-1228R-C (Special Use Permit-1228 Revised-Commercial), to amend the
Site Plan to allow the construction of an approximate 240-square-foot glass
greenhouse as an ancillary use to the private school.
APPLICANT: Mark Wainscott, Architect
Head Construction, Inc.
3030 LBJ Freeway, Suite 700
Dallas, Texas 75234
(214) 722-7535
Fax: (214) 722-7635
HISTORY: The Special Use Permit was approved on October 11, 2005, for the
main use of a Montessori School.
TRANSPORTATION: Fitness Court is a local commercial street with variable right-of-way.
Item # 4
Page 2 of 3
SURROUNDING LAND USE & ZONING:
North – Children’s Courtyard & Market at Town Center; PD-178R2-C
(Planned Development-178 Revision 2-Commercial) and PD-
178R-C (Planned Development-178 Revised-Commercial)
South – Ballet Academy; PD-207-C (Planned Development–207-
Commercial) & Taco Bell Restaurant; S-1093-C (Special Use
Permit-1093-Commercial)
East – Wachovia Bank is currently under construction; C (Commercial)
West – Parking Lot for Everybody Fits gymnastics facility; C
(Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for neighborhood retail uses of which this use is
acceptable.
DISCUSSION: This proposal calls for an approximate 240-square-foot glass greenhouse
as an ancillary use to the private school on 1.68 acres of property located
along the north side of Fitness Court, west of the proposed Wachovia
Bank (formerly Grandy’s Restaurant) and east of the Everybody Fits
gymnastics facility. The greenhouse is proposed to be located on the
northeast portion of the lot. A revision to the previously approved Special
Use Permit is required for the addition of this accessory use. As this is a
greenhouse, the majority of which is glass, a variance is requested to the
construction standards of the Zoning Ordinance, which prohibits glass
exceeding 50 percent of the total area of any one façade of a building. This
will need to be obtained through the Board of Adjustment prior to
permitting. The Landscape Plan has been modified to include screening of
the mechanical equipment associated with the greenhouse and exclude the
greenhouse area from the previously approved nonvehicular open space.
A white metal is shown to be used in the construction of the greenhouse.
Staff recommends using black to match the previously approved fencing
material on-site, and make this structure less obtrusive to the surrounding
development.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the following
conditions:
1) A variance from the Board of Adjustment is required to
permit glass to exceed 50 percent of the total area of any one
façade of a building.
2) Revise Landscape Plan to show correct nonvehicular open
space calculations.
Item # 4
Page 3 of 3
3) Specify on the elevations that the brick on the greenhouse
will match the main structure.
4) Recommend a black material for greenhouse construction, as
previously indicated to staff. This will match the fence
already approved for the site.
5) Additional comments may 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
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan
3) Elevations
DEPT: Planning
DATE: December 13, 2005
ITEM #: 19
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Sections 12-24-6.4 and
6.5, regarding the deletion of the references to the establishment of an architectural review board and a merchants
association for all properties located in the Town Center district.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: November 17, 2005
Decision of P&Z Commission: Approved (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval of the deletion is recommended.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @8TA re deletion 1-AR
Item # 10
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Text Amendment to Chapter 12, Zoning, of the Code of
Ordinances, eliminating Sections 12-24-6.4 & 6.5
P & Z HEARING DATE: November 17, 2005
C.C. HEARING DATE: December 13, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
REQUEST: To amend the TC (Town Center) district regulations to delete
references to an architectural review board and a merchants
association (Sections 12-24-6.4 and 6.5).
HISTORY: On June 8, 1982, City Council amended the Zoning Ordinance to
establish a SF-0 (Zero Lot Line) district, two Townhouse districts and
the Town Center district. The stated purpose of the TC district was,
in part, to encourage high standards of site planning, promote
functional groups of various lands uses, ensure adequate access and
utility services, etc.
On June 22, 1982, City Council approved a rezoning request by
Univest, a major landholder and developer in the City of Coppell for
776 acres of land, which was generally bounded by DeForest/Sandy
Lake/Denton Creek and a line 2500 feet west of Denton Tap Road, as
the Parks of Coppell 1& 2. This rezoning included the newly
established zoning districts.
On December 30, 1982, Univest and the City of Coppell entered into
deed restrictions that reflected various road dedications and
construction timing requirements, infrastructure agreements,
dedication of land for parks and a municipal center and reflected
various zoning restrictions as adopted as part of the City of Coppell’s
Zoning Ordinance.
Item # 10
Page 2 of 2
DISCUSSION: Since the TC district was adopted as part of the Zoning Ordinance, it
has remained essentially unchanged, except for the inclusion of
various revisions that have been adopted as City-wide standards (i.e.,
masonry standards, landscape requirements, screening, etc.). This
TC district includes specific permitted and prohibited uses, special
development, open space, landscaping and setback regulations and is
unique in that it also specifically provides for the establishment of an
Architectural Review Board and Merchant’s Association. The
Architectural Review Board and the Merchant’s Association were
also included in the deed restriction that was placed on this property.
It was recently discovered that various provisions of the deed
restrictions expired after twenty years, which was in 2002. Given
that the Town Center area is essentially built-out, the requirements
for the Architectural Review Board and Merchant’s Association are
ripe for deletion from the Zoning Ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of an amendment to Chapter 12 of
the Zoning Ordinance to delete the following from Sec. 12-24-6.
Special conditions:
….
“4. An architectural review board shall be established
by the property owner consisting of five members
for the purpose of reviewing development proposals
for the town center district. One elected city official
shall be a member of this committee.
5. A merchants association shall be established for all
business uses located in the town center district.
When the property is utilized as a residential use, a
homeowners association shall be established.”
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) TC district regulations
Page 1 of 4 “TC” Town Center District
ARTICLE 24. "TC" TOWN CENTER DISTRICT
Sec. 12-24-0. General purpose and description.
The "TC" town center district is intended to provide for a wide variety of office,
retail and residential uses for the purpose of creating a focal point to the City of
Coppell.
Sec. 12-24-1. Use regulations.
A building or premise shall be used only for the following purposes:
1. Any uses permitted in the "R" and "O" districts.
2. Any use permitted in the "C" district except:
(A) Used automobile sales or display, repair garages, tire and seat
cover shops, and auto laundries unless incidental to a service station.
(B) Building material sales having outside storage or display of
materials.
(C) Plumbing and air conditioning shops.
(D) Farm implement sales with outdoor display.
(E) Radio broadcasting towers.
(F) Veterinarian clinic with outside kennels.
(G) Carpentry, painting or tinsmithing shops.
(H) Public utility substations by special use permit.
(I) Any uses requiring outside storage.
(J) Truck sales or rental.
(K) Pawn shop.
(L) Warehousing activities.
3. Hospital or nursing home.
4. Community center (public or private).
5. College or university.
6. Museum.
7. Any use permitted in the "TH-1", "TH-2", "MF-1" and "MF-2" districts
provided that not more than 30 percent of the total town center area is
utilized for residential purposes or as is shown on the approved location
plan for the existing TC.
8. Such uses as may be permitted under the provisions of special use
permit, section 12-30-11.
9. Public buildings.
Sec. 12-24-2. Height regulations.
Height regulations will be:
1. Non-residential: Maximum height shall be 120 feet but shall not exceed 60
feet on any portion of a site within 100 feet of property zoned or developed
as MF, TH, or SF. A setback of two feet for each one foot in height over
two stories is also required in addition to the normal required setback
when non-residential uses are adjacent to residential uses.
2. Residential: Refer to the individual section governing each residential use.
Page 2 of 4 “TC” Town Center District
Sec. 12-24-3. Area regulations.
1. Minimum size of yards:
(A) Front yard:
(1) Non-residential: None required.
(2) Residential: Refer to the individual sections governing each
residential use.
(B) Side yard:
(1) Non-residential: None required except that a side yard of ten
feet shall be provided when the side yard is adjacent to a
residential use.
(2) Residential: Refer to the individual sections governing each
residential use.
(C) Rear yard:
(1) Non-residential: None required unless adjacent to a
residential use in which case a rear yard of ten feet is
required.
(2) Residential: Refer to the individual sections governing
residential use.
2. Minimum size of lot:
(A) Lot area:
(1) Non-residential: None required.
(2) Residential: Refer to the individual section governing each
residential use.
(B) Lot width:
(1) Non-residential: None required.
(2) Residential: Refer to the individual section governing each
residential use.
(C) Lot depth:
(1) Non-residential: None required.
(2) Residential: Refer to the individual section governing each
residential use.
3. Minimum dwelling size: Refer to the individual section governing each
residential use.
4. Lot coverage:
(A) Non-residential: No minimum coverage is required.
(B) Residential: Refer to the individual section governing each
residential use.
Sec. 12-24-4. Parking and loading regulations.
Off-street parking spaces shall be provided in accordance with the
requirements for the uses set forth in article 31 or in accordance with the
standards of the district for the respective use. In addition, no parking area
shall be allowed within ten feet of the front property line or within five feet
of the rear property line.
Along existing or future divided arterials which have been identified as
primary image zones in the streetscape plan, no parking will be allowed
Page 3 of 4 “TC” Town Center District
within 15 feet of the property line except under conditions specified in
article 34. At all intersections, the no parking areas shall include a nine
feet by nine feet triangle whose sides coincide with the ten or 15 feet no
parking lines adjacent to the right-of-way lines. (See figure 13 of the
Coppell Streetscape Plan) These no parking areas shall be landscaped in
accordance with standards established in article 34.
Sec. 12-24-5. Screening regulations.
In the event that a non-residential district sides or backs upon a residential
use, a screening structure or fence of not less than six or more than eight
feet in height shall be erected on the property line separating these uses
with a visual barrier as herein provided. The owner of such non-residential
property shall be responsible for and shall build the required wall or fence
on his property dividing his use from the residential use. In cases where
the city council finds this requirement to be impractical for immediate or
future construction, it may grant a temporary or permanent waiver of the
required screening wall.
Sec. 12-24-6. Special conditions.
1. Non-residential: A detailed site plan must be approved by both the
planning and zoning commission and city council prior to issuance of
building permit.
2. Residential: All residential uses shall be located in the designated area
shown on the location plan for the purpose of insuring proper transition
and compatibility between the proposed residential uses and non-
residential uses.
3. Any special conditions required by the planning and zoning commission or
city council shall be incorporated or made a part of the amending
ordinance granting town center zoning.
4. An architectural review board shall be established by the property owner
consisting of five members for the purpose of reviewing development
proposals for the town center district. One elected city official shall be a
member of this committee.
5. A merchants association shall be established for all business uses located
in the town center district. When the property is utilized as a residential
use, a homeowners association shall be established.
6.4. Screening of mechanical equipment, patio and balconies and refuse
facilities in townhouse or multi-family type construction shall conform to
the respective districts.
Sec. 12-24-7. Usable open space.
Each lot or parcel of land, which is used for multiple-family residences,
shall provide on the same lot or parcel of land usable open space. The
ratio of usable open space shall be 100 square feet per bedroom.
Sec. 12-24-8. Type of exterior construction.
Page 4 of 4 “TC” Town Center District
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 or as
approved by city council. All structures shall be 80 percent masonry
exterior exclusive of doors and windows.
1. Masonry is further defined as brick and stone of earth tone colors,
other brick colors shall be permitted as accent provided that, in
combination, accent materials and non-masonry materials do not
exceed the 20 percent non-masonry benchmark on any one
facade.
2. Flat roofs and parapet walls around flat roofs shall have a cornice,
cap or other detail with a vertical dimension equal to at least 3
percent of the height of the building. Where as architectural feature
extends above the roof line, and is visible from a public right-of-
way, then the back side of this feature shall be finished of a
material that is of the same or similar material as the front of this
feature, i.e. brick. Pitched roofs shall have roofing material of a
lusterless neutral/earth tone or green color. Green colors shall be
limited to dark forest greens, gray greens, pale bluish-gray greens,
slate greens and copper patina. Metal roofs may be standing seam
either with a baked-on lusterless finish or made of copper.
3. Exterior wall surfaces should consist of no more than three colors-a
base color, and/or a trim color, and/or an accent color. The base
color may be utilized on up to 100 percent of the surface area of
any one facade of a building. Another color, other than a base
color, shall be permitted on up to only 5 percent of the surface area
of any one facade, and an accent color on up to only 1 percent of
the surface area of any one facade. For calculation purposes, wall
surfaces should include eaves, gables and parapets, but should
exclude roofs, awnings, or signs.
4. Glass should not exceed 50 percent of the total area of any one
facade of a building.
5. Awnings are limited to canvas, or a lusterless, non-metal material
that closely resembles canvas, at least 98 percent of which is a
single deep or neutral solid color. The remaining up to 2 percent, if
different, shall be contrasting. Awnings shall not be backlit.
Lettering and logos should be limited to a monogram, not
exceeding 20 percent of the sign area.
(Ord. No. 91500-A-319, §§ 1, 2, 3-19-02)
DEPT: Planning
DATE: December 13, 2005
ITEM #: 20
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Dobecka Addition, Phase II, Lots 1&2, Block B, Minor Plat, to allow the platting of two
residential lots on 0.896 of an acre of property located at the southeast corner of Sandy Lake Road and Dobecka
Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: November 17, 2005
Decision of P&Z Commission: Approved (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Contact Larry Redick at (972) 323-8917 to discuss easement requirements.
2) Additional comments may be generated upon detailed Engineering review.
3) A Tree Removal Permit will be required prior to construction.
4) Change “Block 2” to “Block B” on center of plat.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @3Dobecka MP 1-AR
Item # 5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Dobecka Addition, Phase II, Lots 1&2, Block B,
Minor Plat
P & Z HEARING DATE: November 17, 2005
C.C. HEARING DATE: December 13, 2005
STAFF REP.: Matt Steer, City Planner
LOCATION: Southeast corner of Sandy Lake Road and Dobecka Drive.
SIZE OF AREA: 0.896 of an acre of property
CURRENT ZONING: SF-12 (Single Family–12)
REQUEST: To allow the platting of two residential lots.
APPLICANT: Applicant: Landscape Architect:
Glen Irby Cotter Associates, LLC
1825 Wimbeldon Dr. Brian Cotter, ASLA
Arlington, Texas 76017 1805-C W. Park Row Dr.
Phone: (817) 784-9947 Arlington, Texas 76013
Fax: (817) 283-1148 Phone: (817) 274-3955
Fax: (817) 795-1051
HISTORY: There is an existing house built in 1961 spanning the
proposed lot line.
TRANSPORTATION:Sandy Lake Road has recently been improved to a four-lane divided
thoroughfare, built generally within 95-feet of right-of-way.
Dobecka Drive is a two-lane local street with a small island
Item # 5
Page 2 of 3
located along the south end of the property, built generally
within 50-feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North – SF-9, single-family residential (Sand Point Estates)
South – PD-92-SF-12 (Planned Development-92, Single Family-
12-Dobecka Addition)
East – SF-12, vacant property owned by TXU for future
switching facility
West – SF-12, single-family residential
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable for Medium Density Residential.
DISCUSSION: This is a request to allow the platting of two residential lots on
0.896 of an acre of property located at the southeast corner of
Sandy Lake Road and Dobecka Drive. The applicant plans to
demolish the existing home situated in the center of the property in
order to build two new homes on two new lots. The applicant is
providing a 15’ Landscape Easement along the Sandy Lake
frontage as required by the Streetscape Section of the Subdivision
Ordinance. A six-foot brick-screening wall is proposed to run east
to west along the south boundary of the easement with a wrought-
iron fence spanning the 20’ drainage easement on the east end of
the property. Landscaping is proposed to be north of the wall to
enhance the appearance from Sandy Lake Road. The access to and
from each lot is proposed to be a shared curb cut along Dobecka
Drive extending to each of the respective driveways. There is a
note on the Site Plan that states if the drive approach for Lot 1
changes, then it will be required to be within 30’ from the south
property line of Lot 1. This is to ensure the entry does not conflict
with the Sandy Lake intersection. An exception to the alley
requirement of the Subdivision Ordinance is needed. This is
acceptable to staff, as there is not an existing alley available to
serve this subdivision. The remaining conditions for approval are
only technical comments that will need to be addressed prior to
filing the plat.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the
following conditions:
Item # 5
Page 3 of 3
1) Contact Larry Redick at (972) 323-8917 to discuss easement
requirements.
2) Additional comments may be generated upon detailed
Engineering review.
3) A Tree Removal Permit will be required prior to
construction.
4) Remove the existing curb depicted on the plat.
5) Remove note located under Flood Plain Administrator’s
signature block, as this is contained within the notes box left
of the Utility signature block.
6) Change the City Secretary signature block to read “…the
foregoing Minor Plat of Lots 1 and 2, Block B, Dobecka
Addition.”
7) Label “Block 2” on center of plat.
8) Replace “Plat” with “Minor Plat” where applicable.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Minor Plat
2) Site Plan/Landscape Plan/Tree Survey (2 pages)
DEPT: Planning
DATE: December 13, 2005
ITEM #: 21
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Park West Commerce Center, Lot 1, Block 5, Site Plan Amendment, to allow the
construction of a dock door and loading area, with a revised Landscape Plan, for the northeast corner of the
existing building on 14.28 acres of property located at the southwest corner of Beltline Road and Airline Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: November 17, 2005
Decision of P&Z Commission: Approved (5-2) with Commissioners Hall, McCaffrey, Foreman, Kittrell
and Reese voting in favor. Commissioners Borchgardt and Haas opposed.
Approval is recommended, subject to the following condition:
1) Approval of Option One (SP4.1), with the continuation of a minimum of 330 linear feet of six-foot
high Nellie R. Stevens Holly to the west along Airline Drive.
Staff recommends approval of Option Two (SP4.2) with the following conditions:
1) The masonry screening wall should be at least 10-feet tall to screen vehicles using the truck bay.
2) Landscaping, in addition to the Oak tree, needs to be added to the east side of the wall to soften its
appearance. Crape Myrtle or Dwarf Holly would be suitable here.
Agenda Request Form - Revised 09/04 Document Name: @4PWCC, SPA 1-AR
Item # 6
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Park West Commerce Center, Lot 1, Block 5
Site Plan Amendment
P & Z HEARING DATE: November 17, 2005
C.C. HEARING DATE: December 13, 2005
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: At the southwest corner of Beltline Road and Airline Drive.
SIZE OF AREA: 14.28 acres of property containing a 151,304-square-foot building.
CURRENT ZONING: LI (Light Industrial)
REQUEST: Site Plan amendment request to allow the construction of a dock
door and loading area, with a revised Landscape Plan, for the
northeast corner of the existing building.
APPLICANT: IBM Arch.: Jacobs and Assoc.
1507 LBJ Freeway Allen Coronett
Suite 1154 4101 McEwen Rd.
Dallas, TX. 75234 Suite 150
(972) 561-7393 Dallas, TX. 7524
Fax: (972) 490-1889 (972) 490-1888
Fax: (972) 490-1890
HISTORY: There has been considerable development history on this parcel and the
surrounding land area. The original platting of this property was in large
blocks and took place in 1990. Replatting occurred periodically, resulting in
almost all of the original Prentiss Properties land holdings being developed.
The parcel in question was replatted into this 14.28-acre parcel in 1997 with
subsequent construction of the existing IBM call center.
Item # 6
Page 2 of 3
TRANSPORTATION: Beltline Road is an existing P6D six lane divided major arterial
concrete street contained within a 120-foot right-of-way. Airline
Drive is a C4U, four-lane undivided concrete street constructed
within a 60-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – Existing office/warehouse/distribution facilities; LI (Light Industrial)
South – Existing office/warehouse; LI (Light Industrial)
East – Radio towers, North Lake; City of Dallas
West – Existing warehouse/distribution structures; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for industrial and showroom uses.
DISCUSSION: In addition to remodeling approximately one-quarter of the IBM Call
Center at the corner of Beltline Road and Airline Drive, this applicant has
need for an additional truck court. As explained to staff, this truck court
would be used on an occasional basis to deliver products to the remodeled
area, essentially a computer filled room located at the northeast corner of
the building. Although the applicant wishes to simply add a truck court
and loading dock to an existing building, staff is concerned with the
location of the truck dock and the lack of adequate screening from the
public right-of-way, particularly Beltline Road. Because of staff concern,
the applicant has submitted two plans for consideration.
Option Number One (Sheets SP 2.1 and 4.1) shows the truck bay
concealed by new landscaping generally located along Beltline and
Airline, with no screening wall to hide the court from passing traffic on
Beltline, a Primary Image Zone. In the past, we have allowed landscape
plantings to substitute for the more appropriate solid screening walls, with
disappointing results. One only needs to look at the CiCi’s building along
Bethel Road to observe the inadequate screening. Since that approval, we
have been very consistent in requiring solid walls. The same applies here.
Staff feels that no amount of natural screening can conceal vehicles using
this truck court; therefore, we do not support this option.
Option Number Two (Sheets SP 2.2 and 4.2) shows the truck court
partially concealed by a 40-foot-long, six-and-one-half-foot high concrete
screening wall located in an approximate 70-foot-long island. In addition,
one Shumard Red Oak is proposed to be located in the landscape island,
which is primarily a grassed area. With some modification, this option is
much more appealing.
Item # 6
Page 3 of 3
In the past, parking has been a problem on this site. However, with
remodeling of the building, the occupant count will be reduced from
approximately 1000 people to somewhere between 750–800 occupants,
thus reducing the parking requirement. When originally approved, this
building was required to provide 505 spaces. By actual count, 931 spaces
were constructed on-site. With the truck court design, 12 spaces will be
eliminated, leaving a total of 919 spaces for employees. With the reduced
staffing count, parking should be adequate for the building.
One final comment needs to be directed to the exhibit submittal. Sheet SP
4-1 is a bit unclear. The photos show additional landscaping (the lime
green hatched areas) which does not show on the Landscape Plan itself,
specifically along Airline Drive, west of the proposed truck court. It
appears that at least one bank of landscaping has been left off the
Landscape Plan. That concern needs to be clarified and discussed at the
public meeting.
.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff can recommend approval of the Option Two submittal with some
additional comments.
1) The screening wall should be at least 10-feet tall to screen
vehicles using the truck bay.
2) Landscaping, in addition to the Oak tree, needs to be added to
the east side of the wall to soften its appearance. Crape Myrtle
or Dwarf Holly would be suitable here.
3) Remove all notes on all exhibits that refer to the side yard and
parking setback dimensions.
4) Clarify location of the landscape screening shown on Sheet
SP4-1.
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) Package of Site Plan, Landscape Plan, Elevations, etc. (8 sheets)
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\SITE COVER.dwg, 11/29/2005 11:31:20 PM, 052
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\site plan1.dwg, 11/29/2005 11:32:34 PM, 052
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\site plan1.dwg, 11/30/2005 12:15:43 AM, 052
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\site plan1.dwg, 11/30/2005 12:16:27 AM, 052
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\site plan1.dwg, 11/30/2005 12:17:05 AM, 052
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\site plan1.dwg, 11/30/2005 12:17:56 AM, 052
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\site plan1.dwg, 11/30/2005 12:18:43 AM, 052
Z:\Archture\Active\IBM\05046\Dwgs\CD\Coppell\site plan1.dwg, 11/29/2005 11:40:20 PM, 052
DEPT: Planning
DATE: December 13, 2005
ITEM #: 22
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Beltline Trade Center, Lot 1, Block 2, Site Plan, to allow the development of an
approximate 23,336-square-foot office/warehouse building on approximately three acres of property located along
the north side of Beltline Road, approximately 3,000 feet east of North Lake Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: November 17, 2005
Decision of P&Z Commission: Approved (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Show building setbacks from all property lines (still need east side setbacks).
2) A Tree Removal Permit is required prior to start of construction.
3) Engineering comments (attached)
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @5BeltlineTC, SP 1-AR
Item # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Beltline Trade Center, Lot 1, Block 2, Site Plan
P & Z HEARING DATE: November 17, 2005
C.C. HEARING DATE: December 13, 2005
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: North side of East. Beltline Road, approx. 3,000’ east of North Lake
Drive.
SIZE OF AREA: 2.96 acres
CURRENT ZONING: LI (Light Industrial)
REQUEST: Site Plan approval to allow the construction of a 23,336 square
foot office/warehouse building.
APPLICANT: Owner: Engineer
Industrial Dev. International Goodwin/Marshall
5420 LBJ Freeway Ed Eckart, P.E.
Suite 1275 2405 Mustang Dr.
Dallas, TX. 75240 Grapevine, TX. 76051
(972) 560-7000 (817) 329-4373
Fax: (972) 560-7007 Fax: (817) 329-4453
HISTORY: There has been no recent development history on this parcel,
although the same applicant owns the adjacent land to the west. That
parcel has quite a long history. In October of 2000, City Council
approved a Preliminary Plat and a zoning change from LI (Light
Industrial) to PD-189-LI to allow the development of an indoor
basketball/recreational facility (referred to as “Hoop Town”) on 17
acres. In December, Council approved an amendment to the PD to
enlarge the recreational site by an approximate .7 of an acre to better
Item # 7
Page 2 of 3
address tree mitigation issues. The zoning was never legally
changed, the plat was never filed and consequently, the project was
never built. In April of 2005, Industrial Development International
(the applicant in this 3-acre request) purchased the property and an
additional 10 acres and was approved to build a 375,000-square-foot
warehouse/distribution center on the 27-acre lot.
TRANSPORTATION: Beltline Road is a P6D, six-lane divided thoroughfare built to
standard in a 120-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – single-family residential; PD-104-SF-9
South – vacant and TXU power plant; City of Dallas
East – vacant, TXU power plant; City of Dallas
West – vacant; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for light industrial uses.
DISCUSSION: This is a Site Plan request to construct a 23,300-square-foot industrial
building on an approximate three-acre site. The use is compatible with
those outlined in the Comprehensive Plan and complements the proposed
375,000-square-foot warehouse building approved to its west. In fact, the
developer of the larger warehouse and this building are one in the same—
Industrial Development International. The architectural style of this
building is similar to the larger warehouse, and the building materials are
comparable. Except for some minor alterations to the plan, as elaborated
on in the staff RECOMMENDATION, this is a good use for this parcel.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the following
conditions:
1) Include front, side and rear required yards on the Site Plan and
change the required front-yard setback for 30- to 60-feet.
2) Include dimension of length of typical parking space on Site
Plan.
3) Show building setbacks from all property lines.
Item # 7
Page 3 of 3
4) Include proposed median width in Beltline Road.
5) A color board must be provided.
6) A Tree Removal Permit is required prior to start of
construction.
7) Engineering comments (attached)
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) Site Plan, Elevations, and Landscape Data (6 sheets)
2) Departmental comments (Engineering)
DEPT: Planning
DATE: December 13, 2005
ITEM #: 23
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Beltline Trade Center, Lot 1, Block 2, Minor Plat, to allow the development of an
approximate 23,336-square-foot office/warehouse building on approximately three acres of property located along
the north side of Beltline Road, approximately 3,000 feet east of North Lake Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: November 17, 2005
Decision of P&Z Commission: Approved (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Contact TXU to discuss easement requirements (Larry Redick at (972) 323-8907).
2) Engineering will require additional easements based on changes made to the proposed water line design
(see attachment).
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @6BeltlineTC, MP 1-AR
Item # 8
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Beltline Trade Center, Lot 1, Block 2, Minor Plat
P & Z HEARING DATE: November 17, 2005
C.C. HEARING DATE: December 13, 2005
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: North side of E. Beltline Road, approx. 3,000’ east of North Lake
Drive.
SIZE OF AREA: 2.96 acres
CURRENT ZONING: LI (Light Industrial)
REQUEST: Minor Plat approval to allow the construction of a 23,336 square
foot office/warehouse building.
APPLICANT: Owner: Ind. Dev. Internat., Inc. Engr: Goodwin/Marshall
5420 LBJ Freeway Ed Eckart, P.E.
Suite 1275 2405 Mustang Dr.
Dallas, TX. 75240 Grapevine, Tx. 76051
(972) 560-7000 (817) 329-4373
Fax: (972) 560-7007 Fax: (817) 329-4453
HISTORY: There has been no recent development history on this parcel.
Item # 8
Page 2 of 2
TRANSPORTATION: Beltline Road is a P6D concrete, six-lane divided thoroughfare
constructed to standard within a 120-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – single-family; PD-104, Planned Development residential
South – TXU grounds; City of Dallas zoning
East – Park land; A (Agriculture)
West – vacant; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as
suitable for light industrial/showroom uses.
DISCUSSION: This is the Minor Plat submission to the Site Plan request just heard. The
subdivision plat is in good order and appears suitable for staff support,
provided certain conditions elaborated on below are followed.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this Minor Plat, subject to the
following conditions:
1) Contact TXU to discuss easement requirements (Larry Redick
at (972) 323-8907).
2) Engineering will require additional easements based on
changes made to the proposed water line design (see
attachment).
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Minor Plat
2) Departmental comments (Engineering)
DEPT: Planning
DATE: December 13, 2005
ITEM #: 24
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the West Sandy Lake Road Addition, Lot 1, Block 1, Site Plan Amendment, to allow the
construction of a combination of decorative metal and chain link fencing along the northern, eastern and western
property lines of 31.4 acres of land located at 944 W. Sandy Lake Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: November 17, 2005
Decision of P&Z Commission: Approved (7-0) with Commissioners Borchgardt, Hall, McCaffrey,
Foreman, Haas, Kittrell and Reese voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @7WSLR, SPA 1-AR
Item #9
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: West Sandy Lake Road Addition, Lot 1, Block 1,
Site Plan Amendment
P & Z HEARING DATE: November 17, 2005
C.C. HEARING DATE: December 13, 2005
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: North side of Sandy Lake Road, approximately 1,300’ east of S.H.
121.
SIZE OF AREA: 31.6 acres of property containing a 605,000-square-foot warehouse
building.
CURRENT ZONING: LI (Light Industrial)
REQUEST: Site Plan amendment approval to allow the construction of a
combination of decorative metal and chain-link fencing along the
north, east and west property lines.
APPLICANT: Owner: Architect:
Ferguson Realty Company John Taylor
c/o Myers & Crow Company, Ltd. azimuth architecture, inc.
3811 Turtle Creek Blvd. #730 3809 Parry Avenue, # 205
Dallas, Texas 75219 Dallas, Texas 75226
Phone: (214) 520-7800 Phone: (214) 261-9060
FAX: (214) 520-2015 FAX: (214) 261-9049
HISTORY: The owners of this property, who also own the abutting property to the west,
participated when the City initiated the rezoning of 200+ acres of property from
Light Industrial to Highway Commercial along S.H. 121 frontage. The triangular
tract of land between the subject tract and S.H. 121, north of Sandy Lake Road, is
now zoned Highway Commercial.
Item #9
Page 2 of 4
In June 2004, City Council approved a Site Plan and Minor Plat to allow the
development an approximate 605,000-square-foot office/warehouse building on
this tract of land, which is currently under construction and expected to be
completed in the near future.
TRANSPORTATION: Sandy Lake Road is designated as a C4D/6 on the Thoroughfare
Plan. Construction is scheduled to begin during the first quarter of
next year to improve this existing two-lane asphalt road to a four-lane
divided thoroughfare within 110-120 feet of right-of-way. The
median has been designed to be wide enough to accommodate the
additional two lanes, if warranted in the future.
SURROUNDING LAND USE & ZONING:
North – Undeveloped LI (Light Industrial)
South – Undeveloped – AmberPoint Business Park, LI (Light Industrial)
East – Office/Warehouse under construction - LI (Light Industrial)
West– Undeveloped LI (Light Industrial) and HC (Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable for Light Industrial and Showroom uses.
DISCUSSION: As stated in the HISTORY section of this report, the Site Plan approval
for construction of an approximate 600,000-square-foot building was
approved in June of last year. Given the prominent location of this
building and existing tree cover, there were two major issues during
deliberations of this project -- the aesthetics of the building and tree
mitigation. This request is to allow seven-foot-tall black-coated chain-link
fencing to be erected along the east and west property lines, with small
sections of decorative metal along Sandy Lake Road.
In terms of the prominence of this location, this project will be one of the
first industrial buildings along this western gateway to the City of Coppell
and it’s important that attractive buildings and sites are developed here.
Staff has concerns with the proposed seven-foot-tall black-coated chain-
link fencing. The west property line (over 1,300 feet in length) is
currently visible from S.H. 121. Once the adjacent property is developed,
this property line will be less visible, of course, but the existence of a
chain-link fence will not be compatible with the types of uses envisioned
for this freeway frontage.
Item #9
Page 3 of 4
Also, you may recall that tree mitigation was a major discussion point
during the Council hearing. Soon after the approval of this Site and
Landscape Plan, City Council approved an amendment to the Tree
Preservation Ordinance eliminating tree retribution under the footprint of
industrial buildings. This building greatly benefited from that action.
In filing this request, the applicant stated that this fence would not be
visible due to the significant amount of landscaping that would be
provided. As indicated on the Site Plan, a seven-foot-tall chain-link fence
will be located two feet behind the curb; 91 evergreen trees (Eastern Red
Cedars and Wax Mrytles) will be planted 15 feet on-center, five feet from
the fence, and 34 Cedar Elms (25 feet on-center) at the property line -- all
being within a 10- to 20-foot-wide landscape buffer. The separation
between the evergreen tree row and the overstory tree row is as close as 10
to 15 feet. John Elias, the City’s Certified Arborist, has stated that the
industry standard for tree separation, to ensure survival at maturity, is a
minimum of 20 feet, and preferably 30 feet. The survivability of the trees
and the fence in this overcrowded buffer strip is very questionable. It
must be noted that only 26 trees are required along this 1305’-long
property line per the Landscape Ordinance.
There are similar concerns along the east property line, where 51 Eastern
Red Cedars are proposed (15-feet on-center), approximately five feet from
the fence. Again, it appears that upon maturity, this tree line and chain-
link fence cannot co-exist in such close proximity. There is also a
potential conflict with some of the preserved trees and the new plantings,
whereas upon maturity, the new trees will crowd the existing tree line.
The applicant has stated that the existing and proposed trees would
obscure the view of the fence on both the east and west property lines;
however, it is very questionable that the trees would suvive next to this
fence. Therefore, the City would be left with a very visible black-coated
seven-foot chain-link fence. The applicant has submitted a letter from a
horticulturist stating that erecting a fence five feet from the evergreen
trees would be appropriate. However, considering that at maturity these
trees have a 25- to 35-foot spread, staff questions this conclusion.
The applicant has stated that this is a speculative building and securing
truck courts is for marketing purposes. If security is truly an issue, then
staff would recommend a decorative-metal fence along the west property
with landscaping as provided recently on similar projects in our industrial
area (i.e., UPS in Gateway Business Park and the east end of the Container
Store building). As indicated in the attached memo from John Elias, the
City’s Arborist, a decorative-metal fence is much more tolerant of the
impact of evergreen trees being in close proximity than a chain-link fence.
Given lesser visibility along the east property line and the industrial
adjacency, the black-coated chain-link fence could be tolerated. However,
Item #9
Page 4 of 4
as discussed, the placement of a chain-link fence would negatively impact
the existing and proposed trees at the density currently indicated.
Therefore, if this fencing is pursued, the density of the proposed trees
must be significantly reduced. It is recommended that the tree density of
the Eastern Red Cedars be reduced to a minimum of 30-feet on-center, a
50% reduction in number of trees. This reduction in number of trees
required should off-set the additional cost of providing a decorative-metal
fence versus the chain-link along the west property line.
Also included in this requested Site Plan amendment is the addition of
entry features along both sides of the two main driveways, which traverse
the drainage areas. These will consist of stone pillars, which match the
retaining wall, and decorative-metal railings. The pillars will be
approximately 10-feet on-center. Staff recommends approval of the
inclusion of these entry features.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends:
1) DENIAL of the chain-link fence along the west property line,
and APPROVAL of a decorative-metal fence.
2) APPROVAL of the black-coated chain-link fence along the
east property line only.
3) Prior to the erection of any fencing, a revised Landscape Plan
and Tree Mitigation Plan must be submitted indicating a
reduction in density of the Eastern Red Cedar trees to be
compatible with the type of fencing proposed.
4) APPROVAL of the inclusion of the entry features at the
driveways, as submitted.
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) Memo from John Elias
2) Letter from Horticulturist
3) Rendering
4) Site Plan Amendment
5) Entry Feature Details
DEPT: Planning
DATE: December 13, 2005
ITEM #: 25
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a plan of external areas close by or contiguous to the City boundaries as a planning element
to the Comprehensive Master Plan, as recommended by the Planning Commission, acting as a Citizen Advisory
Committee to the City Council.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: December 5, 2005
Decision of P&Z Commission: Approved (6-0) with Commissioners Borchgardt, Hall, Foreman, Haas,
Kittrell and Reese voting in favor. None opposed.
Approval is recommended as follows:
1) Approval of the Future Land Use Plan for the Northeast Study Area, as depicted on the map, with
consideration of Senior Housing as a component of the plan.
2) Approval of the Future Land Use TxU Study Area proposal with the following modifications:
a) Add recreational uses to the low-density residential area.
b) Consider some neighborhood commercial development if it’s consistent with traffic flow and
the development of the project itself.
c) Preserve the lake and capitalize on its aesthetic value.
d) Allow school site possibilities on the north side.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: @9Land Master Plan 1-AR
DEPT: Engineering
DATE: December 13, 2005
ITEM #: 26
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of awarding Bid/Contract # Q-1105-01 to Tiseo Paving for the construction of the West Sandy
Lake Road, Phase 1 project, in an amount of $4,161,787 (base bid $3,961,787 + potential bonus $200,000), as
provided for in CIP funds; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
On November 29, 2005, six bids were received and opened for the West Sandy Lake Road project. Because the
low bid submitted by JRJ Paving was rejected, we are recommending the award of the project to the second low
bidder, Tiseo Paving, in an amount of 4, 161,787 (base bid $3,961,787 + potential bonus $200,000).
Staff recommends approval and will be available for any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are available in the Street CIP accounts (Series 97, 00, and 04) for this
contract.
Agenda Request Form - Revised 09/04 Document Name: #W Sandy Lk Rd
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: December 13, 2005
REF:Consider approval of awarding Bid/Contract # Q-1105-01 to Tiseo Paving for the
construction of the West Sandy Lake Road, Phase 1 project, in an amount of
$4,161,787 (base bid $3,961,787 + potential bonus $200,000), as provided for in CIP
funds; and authorizing the City Manager to sign.
On November 29, 2005, the City received and opened six bids for the reconstruction of West
Sandy Lake Road from S.H. 121 to North Coppell Road from a two-lane asphalt road to a four
lane divided boulevard. This project also includes the additional two lanes of Royal Lane, south
of Sandy Lake Road. As part of the reconstruction of West Sandy Lake Rd., traffic signals will
be installed on Sandy Lake Road at its intersection with Royal Lane, Freeport Pkwy., and North
Coppell Road. Also, a portion of the City's trail system will be constructed along the south side
of Sandy Lake Road, from North Coppell Road to Freeport Pkwy.
Prior to bidding this project, the City of Coppell realized that the project needed to be
expediently constructed because of the high volume of traffic on Sandy Lake Rd. and the
industrial development along both sides. After reviewing several concepts, the City settled on a
bidding concept utilized recently by the City of Addison quite successfully, which is called A +
B bidding. Under this bidding concept, the City acknowledges that a day of construction has a
value because of its impact on traffic and development and assigns a monetary value to that day.
The City then utilizes the value of the day along with the calendar days bid for completion and
combines that with the base bid for the construction to determine who the lowest bidder on a
project is.
The benefit to the City in an A + B bidding concept is that the concept of 'substantial completion'
is eliminated from the contract. On numerous projects, the contractor makes a push, gets the
concrete in, gets the road open, and then drags their feet for months or even years to complete the
final punch list items associated with the construction. On most projects there is very little
incentive for a contractor to expend time and money to correct the punch list on a project. This
is because they have already been paid for the bulk of the work and the penalty phase typically
ends when a project is substantially complete and used for its intended purposes. In the A + B
bidding concept, the contractor is eligible for no bonus until the project is totally complete. The
phrase that I used with the contractors in the pre-bid conference was "when we see the tail lights
of the last piece of equipment leaving the City, we will consider the project totally complete".
EXAMPLE:
If Contractor (X) bids $1,000,000 to construct a facility, and stated that the construction would
take 200 days, and the City assigned a value of $500/per day, then his/her bid would be as
follows:
Base Bid (A) for actual construction = $1,000,000
Part (B) 200 Days X $500 = $100,000
A + B = 1,100,000 (this is the number used to determine the low bidder)
If Contractor (Y) bid $975,000 to construct the same facility, and stated that the construction
would take 300 days with the City assigned value of $500/per day, then his/her bid would be as
follows:
Base Bid (A) for actual construction = $975,000
Part (B) 300 Days x $500 = $150,000
A + B = $1,125,000
In the above example, the City would award the project to Contractor (X) the overall low A + B
bidder. Again, the whole concept behind A + B bidding is the fact that the time a project is
under construction has a monetary value in regard to impeding traffic and potential development
in the area.
The advantage to the contractor in an A + B scenario is that for every day under the calendar
days bid, the City awards a bonus to the contractor in the amount of the value of a day.
If Contractor (X) who bid $1,000,000 at 200 Day, finishes the project in 175 Days he would
receive a bonus of $12,500.
200 Days Bid - 175 Days worked = 25 Days of savings x $500/per day = $12,500
The disadvantage to the contractor is that if he completes the project in 250 Days, damages are
assessed in the amount of $25,000.
250 Days worked - 200 Days Bid = 50 Days over x $500/per day = $25,000
To protect cities, several things are provided in most specifications. One: the City caps the
amount of bonus that a contractor is eligible for; and two: the City caps the amount of days that a
contractor can bid to complete the project. We obviously would not want a contractor to bid a
project at 500 Days when the work could be completed in 200 Days, and then expect a bonus of
300 Days times the value of the day.
Now . . . back to the West Sandy Lake Road project for the project specifics: the City assigned
$2,000/per day for the value of a day; the City set the maximum days that could be bid on the
project at 400 days; and capped the maximum bonus that a contractor could obtain at $200,000.
A contractor would have to compete the project in 100 Days under his estimate to be eligible for
the full bonus.
The initial low bidder on the project was JRJ Paving in an amount $3,889,080.49 with days bid
of 300 and a total A + B Bid of $4,489,080.49. However, their bid was rejected because it was
not submitted on the city's provided bid form as required by Item 1.4 of the Standard
Specification for Public Works Construction 3rd Addition, North Central Texas Council of
Governments (copy attached).
The second low bidder, Tiseo Paving, is being recommended for award of the project to
reconstruct West Sandy Lake Road. Their bid for construction was $3,961,787. They also bid
300 Days, for a total A + B bid of $4,561,787. To obtain the maximum bonus they would need
to complete this project in 200 Calendar Days or approximately seven months. Also, for every
day over 300 Calendar Days that they spend on the project to bring it to its total completion, the
City will assess $2,000/per day. On a typical project that was not bid with A + B bidding, the
City would only be allowed to assessed $500/per day for liquidated damages and those damages
would cease to accrue once the project reached substantial completion. As previously stated, on
the A + B bidding there is no such concept as "substantial completion". All bonuses and
damages are tied directly to a totally completed project.
Tiseo Paving has completed several projects for the City of Coppell, such as Wrangler Drive and
Ruby Road and is currently working on the reconstruction of East Sandy Lake Road.
In 2000, the City obtained a 1.3 million dollar grant from Dallas County to help offset the cost of
the reconstruction of W. Sandy Lake Road from S.H. 121 to Denton Tap Rd. That grant is set up
so that Dallas County pays 20% of the eligible cost of the project. Ineligible costs include items
such as amenities to the project. In the first phase of the project from S.H. 121 to N. Coppell
Rd., it is anticipated that Dallas County will participate in the amount of about $670,000.
The engineer's estimate for this project was $4,683,610. Even going with the second low
bidder's construction cost of $3,961,787, we are still $721,823 under the engineer's estimate.
This falls right in line with information from Addison, which stated that they noticed under an A
+ B bidding concept, that the base bids came in generally lower than anticipated, with the
contractor hoping to obtain a bonus on the backend of the project.
Because the initial low bid submitted by JRJ Paving has been rejected, the City of Coppell
recommends the award for the reconstruction of West Sandy Lake Road Phase I to Tiseo Paving
in the amount of $4,161,787 (base bid $3,961,787 + potential bonus of $200,000), with an
anticipated financial participation by Dallas County of $670,000.
Staff will be available to answer any questions at the Council meeting.
TEAGUE NALL AND PERKINS, INC.CONSULTING ENGINEERSTNP JOB NO: CPL 00243ENGINEER'S ESTIMATE: $4,683,610BID DATE: November 29, 2005BID TIME: 2:00 P.M.ITEM NO.DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALI-1MOBILIZATION1LS$106,500.00 $106,500.00 $136,000.00 $136,000.00 $225,000.00 $225,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 $210,000.00 $210,000.00I-2FIELD OFFICE1EA$14,000.00 $14,000.00 $43,500.00 $43,500.00 $20,000.00 $20,000.00 $22,000.00 $22,000.00 $50,000.00 $50,000.00 $30,000.00 $30,000.00I-3CITY MONUMENT SIGN1EA$13,500.00 $13,500.00 $38,000.00 $38,000.00 $12,500.00 $12,500.00 $13,000.00 $13,000.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00I-4PROJECT SIGN2EA$1,000.00 $2,000.00 $550.00 $1,100.00 $550.00 $1,100.00 $1,600.00 $3,200.00 $400.00 $800.00 $2,500.00 $5,000.00I-5GENERAL SITE PREPARATION1LS$155,851.00 $155,851.00 $180,000.00 $180,000.00 $85,000.00 $85,000.00 $170,000.00 $170,000.00 $175,000.00 $175,000.00 $340,000.00 $340,000.00I-6REMOVE EXISTING CONCRETE CURB OR CONCRETE CURB & GUTTER130LF$12.02 $1,562.60 $10.00 $1,300.00 $10.00 $1,300.00 $2.00 $260.00 $7.00 $910.00 $10.00 $1,300.00I-7REMOVE EXISTING CONCRETE PAVEMENT2880SY$4.29 $12,355.20 $8.40 $24,192.00 $10.00 $28,800.00 $5.00 $14,400.00 $5.00 $14,400.00 $10.00 $28,800.00I-8REMOVE EXISTING CONCRETE DRIVEWAYS AND SIDEWALKS150SY$4.29 $643.50 $13.00 $1,950.00 $10.00 $1,500.00 $4.00 $600.00 $10.00 $1,500.00 $15.00 $2,250.00I-9REMOVE HMAC PAVEMENT15125SY$2.59 $39,173.75 $3.45 $52,181.25 $2.20 $33,275.00 $6.50 $98,312.50 $3.00 $45,375.00 $4.00 $60,500.00I-10REMOVE & RELOCATE STREET LIGHT ASSEMBLY2EA$682.50 $1,365.00 $1,000.00 $2,000.00 $3,375.00 $6,750.00 $3,400.00 $6,800.00 $3,500.00 $7,000.00 $4,000.00 $8,000.00I-11UNCLASSIFIED STREET EXCAVATION12015CY$15.63 $187,794.45 $10.50 $126,157.50 $11.00 $132,165.00 $13.34 $160,280.10 $13.65 $164,004.75 $15.00 $180,225.00I-12BORROW MATERIAL1975CY$0.00 $0.00 $0.00 $0.00 $0.00 $0.00I-138" LIME STABILIZED SUBGRADE29221SY$1.90 $55,519.90 $4.70 $137,338.70 $1.95 $56,980.95 $2.00 $58,442.00 $2.00 $58,442.00 $2.00 $58,442.00I-14LIME STABILIZATION (42#/SY)614TON$106.80 $65,575.20 $100.00 $61,400.00 $100.00 $61,400.00 $103.00 $63,242.00 $105.00 $64,470.00 $90.00 $55,260.00I-158" CEMENT SUBGRADE TREATMENT10700SY$2.29 $24,503.00 $4.70 $50,290.00 $1.95 $20,865.00 $2.00 $21,400.00 $4.00 $42,800.00 $4.00 $42,800.00I-16CEMENT225TON$115.70 $26,032.50 $100.00 $22,500.00 $150.00 $33,750.00 $103.00 $23,175.00 $110.00 $24,750.00 $150.00 $33,750.00I-176" REINFORCED CONCRETE PAVEMENT WITH 6" INTEGRAL CURB590SY$37.39 $22,060.10 $35.00 $20,650.00 $29.50 $17,405.00 $29.00 $17,110.00 $40.00 $23,600.00 $41.00 $24,190.00I-188" REINFORCED CONCRETE PAVEMENT WITH 6" INTEGRAL CURB35705SY$32.82 $1,171,838.10 $28.95 $1,033,659.75 $30.50 $1,089,002.50 $32.62 $1,164,697.10 $33.00 $1,178,265.00 $32.00 $1,142,560.00I-196" CURB & GUTTER450LF$30.00 $13,500.00 $15.00 $6,750.00 $18.00 $8,100.00 $15.00 $6,750.00 $18.00 $8,100.00 $20.00 $9,000.00I-20REINFORCED CONCRETE STREET HEADER260LF$25.00 $6,500.00 $10.00 $2,600.00 $40.00 $10,400.00 $7.00 $1,820.00 $9.00 $2,340.00 $10.00 $2,600.00I-21ENHANCED PAVEMENT1440SY$85.05 $122,472.00 $73.00 $105,120.00 $85.00 $122,400.00 $87.00 $125,280.00 $45.00 $64,800.00 $85.00 $122,400.00I-22MEDIAN NOSE20EA$1,974.00 $39,480.00 $1,600.00 $32,000.00 $2,100.00 $42,000.00 $2,000.00 $40,000.00 $1,100.00 $22,000.00 $1,000.00 $20,000.00I-236" HMAC PAVEMENT, TYPE B3315SY$19.66 $65,172.90 $16.50 $54,697.50 $17.50 $58,012.50 $16.00 $53,040.00 $19.00 $62,985.00 $17.00 $56,355.00I-244" HMAC PAVEMENT, TYPE B1210SY$13.91 $16,832.31 $12.10 $14,641.00 $12.90 $15,609.00 $12.00 $14,520.00 $14.00 $16,940.00 $13.00 $15,730.00I-252" HMAC PAVEMENT, TYPE D4525SY$7.69 $34,797.25 $7.15 $32,353.75 $7.50 $33,937.50 $7.00 $31,675.00 $8.00 $36,200.00 $7.00 $31,675.00I-26FLEXIBLE BASE1320SY$13.71 $18,097.20 $10.00 $13,200.00 $8.50 $11,220.00 $7.50 $9,900.00 $11.00 $14,520.00 $20.00 $26,400.00I-276" REINFORCED CONCRETE DRIVEWAY980SY$37.39 $36,642.20 $35.00 $34,300.00 $40.00 $39,200.00 $32.00 $31,360.00 $40.00 $39,200.00 $45.00 $44,100.00I-28REPAIR/REPLACE GRAVEL DRIVES115SY$17.40 $2,001.00 $10.00 $1,150.00 $10.00 $1,150.00 $14.00 $1,610.00 $13.00 $1,495.00 $30.00 $3,450.00I-29STREET LIGHT CONDUIT4520LF$5.25 $23,730.00 $5.50 $24,860.00 $5.40 $24,408.00 $5.50 $24,860.00 $6.00 $27,120.00 $6.00 $27,120.00I-30PVC CONDUIT SLEEVES3075LF$7.35 $22,601.25 $7.50 $23,062.50 $10.00 $30,750.00 $6.00 $18,450.00 $6.50 $19,987.50 $7.00 $21,525.00I-31PAVEMENT MARKINGS1LS$3,360.00 $3,360.00 $4,000.00 $4,000.00 $8,500.00 $8,500.00 $3,500.00 $3,500.00 $13,000.00 $13,000.00 $10,000.00 $10,000.00I-324" ROUND WHITE REFLECTIVE TRAFFIC BUTTONS1281EA$5.51 $7,058.31 $6.05 $7,750.05 $8.25 $10,568.25 $5.60 $7,173.60 $9.00 $11,529.00 $8.00 $10,248.00I-334" ROUND YELLOW REFLECTIVE TRAFFIC BUTTONS560EA$6.25 $3,500.00 $6.50 $3,640.00 $11.90 $6,664.00 $6.00 $3,360.00 $13.00 $7,280.00 $11.00 $6,160.00I-344" ROUND WHITE NON-REFLECTIVE TRAFFIC BUTTONS594EA$2.21 $1,312.74 $2.35 $1,395.90 $3.25 $1,930.50 $2.00 $1,188.00 $3.00 $1,782.00 $3.00 $1,782.00I-354" ROUND WHITE/RED REFLECTIVE TRAFFIC BUTTONS196EA$2.21 $433.16 $2.35 $460.60 $3.25 $637.00 $2.00 $392.00 $3.00 $588.00 $3.00 $588.00I-36TYPE III BARRICADE1EA$875.00 $875.00 $1,000.00 $1,000.00 $650.00 $650.00 $800.00 $800.00 $350.00 $350.00 $1,500.00 $1,500.00I-37ROADSIDE SIGN ASSEMBLY (NEW INSTALLATION)55EA$299.25 $16,458.75 $315.00 $17,325.00 $700.00 $38,500.00 $300.00 $16,500.00 $500.00 $27,500.00 $420.00 $23,100.00I-38ROADSIDE SIGN ASSEMBLY (RELOCATION)10EA$157.50 $1,575.00 $200.00 $2,000.00 $300.00 $3,000.00 $160.00 $1,600.00 $600.00 $6,000.00 $315.00 $3,150.00I-39FURNISH, INSTALL, MAINTAIN TRAFFIC CONTROL DEVICES1LS$40,084.00 $40,084.00 $125,000.00 $125,000.00 $90,000.00 $90,000.00 $103,000.00 $103,000.00 $245,000.00 $245,000.00 $50,000.00 $50,000.00I-40FURNISH, INSTALL, MAINTAIN AND REMOVE EROSION CONTROLS1LS$30,700.00 $30,700.00 $40,000.00 $40,000.00 $80,000.00 $80,000.00 $32,000.00 $32,000.00 $25,000.00 $25,000.00 $40,000.00 $40,000.00I-414" REINFORCED CONCRETE SIDEWALK110SY$31.50 $3,465.00 $30.25 $3,327.50 $36.00 $3,960.00 $29.00 $3,190.00 $35.00 $3,850.00 $40.00 $4,400.00I-426" REINFORCED CONCRETE TRAIL/BIKE PATH990SY$37.63 $37,253.70 $37.50 $37,125.00 $38.00 $37,620.00 $29.00 $28,710.00 $36.00 $35,640.00 $40.00 $39,600.00I-43BARRIER FREE RAMPS12EA$750.00 $9,000.00 $1,850.00 $22,200.00 $2,300.00 $27,600.00 $850.00 $10,200.00 $900.00 $10,800.00 $800.00 $9,600.00I-44STREETLIGHT FOUNDATION33EA$577.50 $19,057.50 $600.00 $19,800.00 $720.00 $23,760.00 $700.00 $23,100.00 $800.00 $26,400.00 $660.00 $21,780.00Bid Tabulation ReportClient: City of CoppellDescription: West Sandy Lake Road - Phase 1 ST 99-02ALH Lacy Jackson Construction Mario Sinacola & SonsBIDDERSJRJ Paving Tiseo Paving Site Concrete
TEAGUE NALL AND PERKINS, INC.CONSULTING ENGINEERSTNP JOB NO: CPL 00243ENGINEER'S ESTIMATE: $4,683,610BID DATE: November 29, 2005BID TIME: 2:00 P.M.ITEM NO.DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALBid Tabulation ReportClient: City of CoppellDescription: West Sandy Lake Road - Phase 1 ST 99-02ALH Lacy Jackson Construction Mario Sinacola & SonsBIDDERSJRJ Paving Tiseo Paving Site ConcreteI-45SEGMENTAL RETAINING WALLS615SF$30.62 $18,831.30 $22.00 $13,530.00 $50.00 $30,750.00 $32.00 $19,680.00 $25.00 $15,375.00 $20.00 $12,300.00I-46RESTORE PARKWAYS AND DISTURBED AREAS1LS$48,230.00 $48,230.00 $50,000.00 $50,000.00 $35,000.00 $35,000.00 $70,000.00 $70,000.00 $60,000.00 $60,000.00 $5,000.00 $5,000.00I-47FURNISHING & PLACING TOPSOIL (6")12040SY$0.75 $9,030.00 $4.75 $57,190.00 $2.30 $27,692.00 $1.00 $12,040.00 $6.00 $72,240.00 $2.00 $24,080.00I-48REPAIR, REPLACE AND/OR MODIFY EXISTING IRRIGATION SYSTEMS1LS$8,000.00 $8,000.00 $25,000.00 $25,000.00 $15,000.00 $15,000.00 $2,000.00 $2,000.00 $12,000.00 $12,000.00 $15,000.00 $15,000.00I-49RELOCATE / ADJUST 12" WATER LINE3EA$3,150.00 $9,450.00 $7,500.00 $22,500.00 $5,500.00 $16,500.00 $11,500.00 $34,500.00 $7,000.00 $21,000.00 $11,000.00 $33,000.00I-50ADJUST EXISTING VALVE BOX TO GRADE28EA$210.00 $5,880.00 $150.00 $4,200.00 $150.00 $4,200.00 $535.00 $14,980.00 $130.00 $3,640.00 $450.00 $12,600.00I-51ADJUST EXISTING WATER METER AND METER BOX10EA$630.00 $6,300.00 $50.00 $500.00 $410.00 $4,100.00 $653.00 $6,530.00 $200.00 $2,000.00 $1,500.00 $15,000.00I-52RELOCATE EXISTING WATER SERVICE, WATER METER AND METER BOX2EA$2,625.00 $5,250.00 $550.00 $1,100.00 $1,200.00 $2,400.00 $1,900.00 $3,800.00 $2,500.00 $5,000.00 $3,000.00 $6,000.00I-53CONNECT EXISTING SERVICE TO EXISTING 24" WATER LINE1EA$3,675.00 $3,675.00 $2,300.00 $2,300.00 $1,800.00 $1,800.00 $2,500.00 $2,500.00 $4,500.00 $4,500.00 $4,000.00 $4,000.00I-54ABANDON EXISTING WATER SERVICE4EA$525.00 $2,100.00 $270.00 $1,080.00 $465.00 $1,860.00 $800.00 $3,200.00 $200.00 $800.00 $750.00 $3,000.00I-55ABANDON EXISITNG WATER LINE1LS$5,040.00 $5,040.00 $550.00 $550.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00 $9,000.00 $9,000.00 $20,000.00 $20,000.00I-56RELOCATE EXISTING AIR RELEASE VEN AND BOX1EA$3,675.00 $3,675.00 $1,900.00 $1,900.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $7,000.00 $7,000.00 $5,750.00 $5,750.00I-57RELOCATE EXISTING BLOW OFF PIPE1EA$3,150.00 $3,150.00 $2,300.00 $2,300.00 $1,000.00 $1,000.00 $2,400.00 $2,400.00 $4,000.00 $4,000.00 $2,800.00 $2,800.00I-58CONNECT EXISTING 10" WATER LINE TO EXISTING 24" WATER LINE1EA$3,675.00 $3,675.00 $7,800.00 $7,800.00 $2,600.00 $2,600.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 $7,800.00 $7,800.00I-59CONNECT EXISTING 6" WATER LINE TO EXISTING 24" WATER LINE1EA$3,360.00 $3,360.00 $8,100.00 $8,100.00 $1,500.00 $1,500.00 $8,000.00 $8,000.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00I-608" WATER LINE STUB-OUT 5EA$5,250.00 $26,250.00 $4,400.00 $22,000.00 $3,500.00 $17,500.00 $6,300.00 $31,500.00 $5,000.00 $25,000.00 $8,500.00 $42,500.00I-6112" WATER LINE STUB-OUT2EA$3,995.25 $7,990.50 $3,600.00 $7,200.00 $3,700.00 $7,400.00 $4,100.00 $8,200.00 $6,000.00 $12,000.00 $9,000.00 $18,000.00I-62SALVAGE & RELOCATE FIRE HYDRANT & VALVE ASSEMBLY8EA$4,882.50 $39,060.00 $2,600.00 $20,800.00 $1,600.00 $12,800.00 $2,100.00 $16,800.00 $2,500.00 $20,000.00 $6,000.00 $48,000.00I-63ADJUST FIRE HYDRANT1EA$1,260.00 $1,260.00 $400.00 $400.00 $700.00 $700.00 $1,300.00 $1,300.00 $1,200.00 $1,200.00 $2,000.00 $2,000.00I-64REMOVE FIRE HYDRANT & VALVE ASSEMBLY1EA$630.00 $630.00 $500.00 $500.00 $370.00 $370.00 $1,000.00 $1,000.00 $300.00 $300.00 $1,800.00 $1,800.00I-65ADJUST EXISTING SANITARY SEWER MANHOLES8EA$945.00 $7,560.00 $500.00 $4,000.00 $500.00 $4,000.00 $2,000.00 $16,000.00 $1,500.00 $12,000.00 $1,750.00 $14,000.00I-66CONCRETE ENCASEMENT OF SANITARY SEWER 45LF$42.00 $1,890.00 $55.00 $2,475.00 $50.00 $2,250.00 $90.00 $4,050.00 $80.00 $3,600.00 $50.00 $2,250.00I-677'X3' REINFORCED CONCRETE BOX (RCB)1288LF$235.20 $302,937.60 $225.00 $289,800.00 $315.00 $405,720.00 $228.00 $293,664.00 $220.00 $283,360.00 $230.00 $296,240.00I-686'X3' REINFORCED CONCRETE BOX (RCB)762LF$197.40 $150,418.80 $187.00 $142,494.00 $240.00 $182,880.00 $190.00 $144,780.00 $180.00 $137,160.00 $210.00 $160,020.00I-694'X3' REINFORCED CONCRETE BOX (RCB)205LF$136.50 $27,982.50 $130.00 $26,650.00 $165.00 $33,825.00 $131.00 $26,855.00 $135.00 $27,675.00 $198.00 $40,590.00I-7048" REINFORCED CONCRETE PIPE (RCP)333LF$147.00 $48,951.00 $121.00 $40,293.00 $155.00 $51,615.00 $133.00 $44,289.00 $285.00 $94,905.00 $175.00 $58,275.00I-7136" REINFORCED CONCRETE PIPE (RCP)140LF$107.10 $14,994.00 $80.00 $11,200.00 $80.00 $11,200.00 $86.00 $12,040.00 $75.00 $10,500.00 $116.00 $16,240.00I-7233" REINFORCED CONCRETE PIPE (RCP)301LF$85.05 $25,600.05 $70.00 $21,070.00 $70.00 $21,070.00 $78.00 $23,478.00 $65.00 $19,565.00 $104.00 $31,304.00I-7330" REINFORCED CONCRETE PIPE (RCP)389LF$75.60 $29,408.40 $69.00 $26,841.00 $60.00 $23,340.00 $71.00 $27,619.00 $60.00 $23,340.00 $89.00 $34,621.00I-7427" REINFORCED CONCRETE PIPE (RCP)998LF$68.25 $68,113.50 $52.00 $51,896.00 $50.00 $49,900.00 $65.00 $64,870.00 $50.00 $49,900.00 $79.00 $78,842.00I-7524" REINFORCED CONCRETE PIPE (RCP)677LF$63.00 $42,651.00 $47.00 $31,819.00 $45.00 $30,465.00 $55.00 $37,235.00 $70.00 $47,390.00 $69.00 $46,713.00I-7621" REINFORCED CONCRETE PIPE (RCP)540LF$57.75 $31,185.00 $42.00 $22,680.00 $40.00 $21,600.00 $50.00 $27,000.00 $52.00 $28,080.00 $61.00 $32,940.00I-7718" REINFORCED CONCRETE PIPE (RCP)274LF$53.55 $14,672.70 $38.00 $10,412.00 $35.00 $9,590.00 $45.00 $12,330.00 $50.00 $13,700.00 $53.00 $14,522.00I-7810' RECESSED CURB INLET16EA$2,257.50 $36,120.00 $2,400.00 $38,400.00 $2,400.00 $38,400.00 $2,500.00 $40,000.00 $2,500.00 $40,000.00 $2,600.00 $41,600.00I-7912' RECESSED CURB INLET6EA$2,520.00 $15,120.00 $2,700.00 $16,200.00 $2,700.00 $16,200.00 $2,800.00 $16,800.00 $3,000.00 $18,000.00 $2,800.00 $16,800.00I-8014' RECESSED CURB INLET2EA$2,940.00 $5,880.00 $3,200.00 $6,400.00 $3,100.00 $6,200.00 $3,300.00 $6,600.00 $4,500.00 $9,000.00 $3,200.00 $6,400.00I-814x4 DROP INLET2EA$2,100.00 $4,200.00 $2,900.00 $5,800.00 $2,900.00 $5,800.00 $2,300.00 $4,600.00 $2,800.00 $5,600.00 $2,400.00 $4,800.00I-824x4 GRATE INLET1EA$2,625.00 $2,625.00 $4,300.00 $4,300.00 $4,400.00 $4,400.00 $2,900.00 $2,900.00 $3,000.00 $3,000.00 $2,900.00 $2,900.00I-83TYPE A STORM DRAIN MANHOLE4EA$3,045.00 $12,180.00 $3,500.00 $14,000.00 $3,300.00 $13,200.00 $3,900.00 $15,600.00 $5,500.00 $22,000.00 $4,500.00 $18,000.00I-84TYPE B STORM DRAIN MANHOLE2EA$3,675.00 $7,350.00 $5,000.00 $10,000.00 $4,300.00 $8,600.00 $4,500.00 $9,000.00 $5,000.00 $10,000.00 $6,500.00 $13,000.00I-85MODIFIED TYPE B STORM DRAIN MANHOLE2EA$4,194.75 $8,389.50 $3,500.00 $7,000.00 $3,100.00 $6,200.00 $5,100.00 $10,200.00 $4,000.00 $8,000.00 $8,800.00 $17,600.00I-86TRENCH SAFETY5907LF$0.11 $649.77 $1.00 $5,907.00 $1.00 $5,907.00 $0.20 $1,181.40 $1.00 $5,907.00 $1.00 $5,907.00I-87RIPRAP, TYPE A25SY$57.75 $1,443.75 $55.00 $1,375.00 $55.00 $1,375.00 $64.00 $1,600.00 $80.00 $2,000.00 $60.00 $1,500.00I-88CONCRETE RIPRAP150SY$72.45 $10,867.50 $60.00 $9,000.00 $61.00 $9,150.00 $80.00 $12,000.00 $60.00 $9,000.00 $80.00 $12,000.00I-89HEADWALL FOR MULTIPLE BOX CULVERT1EA$9,450.00 $9,450.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $11,000.00 $11,000.00 $8,000.00 $8,000.00 $16,000.00 $16,000.00SUBTOTAL I-1 THRU I-89$3,567,710.44 $3,620,940.00 $3,729,929.20 $3,753,018.70 $3,984,460.25 $4,112,034.00
TEAGUE NALL AND PERKINS, INC.CONSULTING ENGINEERSTNP JOB NO: CPL 00243ENGINEER'S ESTIMATE: $4,683,610BID DATE: November 29, 2005BID TIME: 2:00 P.M.ITEM NO.DESCRIPTION OF ITEMS QUANTITY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTALBid Tabulation ReportClient: City of CoppellDescription: West Sandy Lake Road - Phase 1 ST 99-02ALH Lacy Jackson Construction Mario Sinacola & SonsBIDDERSJRJ Paving Tiseo Paving Site ConcreteT-1INSTALLATION OF HIGHWAY TRAFFIC SIGNALS3EA$19,162.50 $57,487.50 $20,000.00 $60,000.00 $20,000.00 $60,000.00 $19,000.00 $57,000.00 $20,000.00 $60,000.00 $19,000.00 $57,000.00T-2TRAFFIC SIGNAL POLE W/28 FOOT MAST ARM1EA$4,200.00 $4,200.00 $4,300.00 $4,300.00 $5,500.00 $5,500.00 $5,400.00 $5,400.00 $6,000.00 $6,000.00 $5,355.00 $5,355.00T-3TRAFFIC SIGNAL POLE W/32 FOOT MAST ARM1EA$4,462.50 $4,462.50 $4,600.00 $4,600.00 $6,000.00 $6,000.00 $5,900.00 $5,900.00 $6,200.00 $6,200.00 $5,775.00 $5,775.00T-4TRAFFIC SIGNAL POLE W/36 FOOT MAST ARM2EA$5,040.00 $10,080.00 $5,200.00 $10,400.00 $6,600.00 $13,200.00 $6,500.00 $13,000.00 $7,200.00 $14,400.00 $6,405.00 $12,810.00T-5TRAFFIC SIGNAL POLE W/40 FOOT MAST ARM1EA$5,250.00 $5,250.00 $5,400.00 $5,400.00 $6,900.00 $6,900.00 $6,800.00 $6,800.00 $7,500.00 $7,500.00 $6,720.00 $6,720.00T-6TRAFFIC SIGNAL POLE W/44 FOOT MAST ARM3EA$5,775.00 $17,325.00 $5,900.00 $17,700.00 $7,600.00 $22,800.00 $7,500.00 $22,500.00 $8,500.00 $25,500.00 $7,350.00 $22,050.00T-7TRAFFIC SIGNAL POLE W/48 FOOT MAST ARM1EA$5,749.59 $5,749.59 $6,000.00 $6,000.00 $7,800.00 $7,800.00 $7,700.00 $7,700.00 $8,600.00 $8,600.00 $7,560.00 $7,560.00T-83-SECTION SIGNAL HEAD W/BACKPLATE22EA$708.75 $15,592.50 $725.00 $15,950.00 $810.00 $17,820.00 $800.00 $17,600.00 $900.00 $19,800.00 $800.00 $17,600.00T-94-SECTION SIGNAL HEAD W/BACKPLATE3EA$892.50 $2,677.50 $925.00 $2,775.00 $1,100.00 $3,300.00 $1,100.00 $3,300.00 $1,000.00 $3,000.00 $1,100.00 $3,300.00T-105-SECTION SIGNAL HEAD W/BACKPLATE3EA$1,155.00 $3,465.00 $1,200.00 $3,600.00 $1,300.00 $3,900.00 $1,300.00 $3,900.00 $1,300.00 $3,900.00 $1,300.00 $3,900.00T-112" PVC CONDUIT215LF$5.25 $1,128.75 $6.00 $1,290.00 $5.40 $1,161.00 $5.00 $1,075.00 $6.00 $1,290.00 $6.00 $1,290.00T-123" PVC CONDUIT1160LF$5.62 $6,519.20 $6.00 $6,960.00 $7.80 $9,048.00 $8.00 $9,280.00 $8.00 $9,280.00 $8.00 $9,280.00T-13GROUND BOXES23EA$63.00 $1,449.00 $650.00 $14,950.00 $420.00 $9,660.00 $420.00 $9,660.00 $400.00 $9,200.00 $400.00 $9,200.00T-14TRAFFIC SIGNAL CONTROLLER FOUNDATION3EA$1,155.00 $3,465.00 $1,200.00 $3,600.00 $1,400.00 $4,200.00 $1,400.00 $4,200.00 $1,500.00 $4,500.00 $1,500.00 $4,500.00T-151 CONDUCTOR #8 BARE WIRE1498LF$0.58 $868.84 $1.00 $1,498.00 $0.60 $898.80 $0.50 $749.00 $0.50 $749.00 $1.00 $1,498.00T-161 CONDUCTOR #6 XHHW WIRE128LF$0.68 $87.04 $1.00 $128.00 $1.30 $166.40 $1.00 $128.00 $1.25 $160.00 $2.00 $256.00T-171 CONDUCTOR #8 XHHW WIRE1500LF$0.63 $945.00 $1.00 $1,500.00 $1.05 $1,575.00 $1.00 $1,500.00 $1.00 $1,500.00 $1.00 $1,500.00T-181 CONDUCTOR #12 XHHW WIRE90LF$0.53 $47.70 $1.00 $90.00 $0.50 $45.00 $1.00 $90.00 $0.40 $36.00 $1.00 $90.00T-195 CONDUCTOR #12 GAUGE WIRE1104LF$1.31 $1,446.24 $2.00 $2,208.00 $1.05 $1,159.20 $1.00 $1,104.00 $1.00 $1,104.00 $1.00 $1,104.00T-207 CONDUCTOR #12 GAUGE WIRE687LF$1.42 $975.54 $2.00 $1,374.00 $1.30 $893.10 $1.00 $687.00 $1.20 $824.40 $2.00 $1,374.00T-2110 CONDUCTOR #12 GAUGE WIRE261LF$1.52 $396.72 $2.00 $522.00 $2.70 $704.70 $3.00 $783.00 $2.50 $652.50 $3.00 $783.00T-2216 CONDUCTOR #12 GAUGE WIRE1307LF$2.73 $3,568.11 $3.00 $3,921.00 $3.50 $4,574.50 $3.50 $4,574.50 $4.00 $5,228.00 $4.00 $5,228.00T-233 CONDUCTOR #18 GAUGE WIRE1945LF$0.95 $1,847.75 $1.00 $1,945.00 $0.70 $1,361.50 $1.00 $1,945.00 $0.70 $1,361.50 $1.00 $1,945.00T-24POWER SERVICE AND PEDESTAL EQUIPMENT3EA$3,412.50 $10,237.50 $3,500.00 $10,500.00 $5,200.00 $15,600.00 $5,150.00 $15,450.00 $5,000.00 $15,000.00 $5,100.00 $15,300.00T-25PEDESTRIAN PUSH BUTTON AND SIGN ASSEMBLIES14EA$105.00 $1,470.00 $110.00 $1,540.00 $180.00 $2,520.00 $170.00 $2,380.00 $180.00 $2,520.00 $168.00 $2,352.00T-26SPREAD SPECTRUM RADIO SYSTEM3EA$1,890.00 $5,670.00 $2,000.00 $6,000.00 $2,000.00 $6,000.00 $2,000.00 $6,000.00 $2,000.00 $6,000.00 $2,000.00 $6,000.00T-27YAGI SPREAD SPECTRUM RADIO ANTENNA AND MOUNTING BRACKETS3EA$446.25 $1,338.75 $450.00 $1,350.00 $500.00 $1,500.00 $500.00 $1,500.00 $500.00 $1,500.00 $500.00 $1,500.00T-28SSR COAXIAL CABLE276LF$3.15 $869.40 $4.00 $1,104.00 $1.90 $524.40 $2.00 $552.00 $2.00 $552.00 $2.00 $552.00T-29TRAFFIC SIGNAL FOUNDATIONS119LF$173.25 $20,616.75 $180.00 $21,420.00 $200.00 $23,800.00 $198.00 $23,562.00 $200.00 $23,800.00 $200.00 $23,800.00T-30PEDESTRIAN SIGNAL SECTIONS14EA$525.00 $7,350.00 $550.00 $7,700.00 $725.00 $10,150.00 $717.00 $10,038.00 $800.00 $11,200.00 $700.00 $9,800.00T-31PEDESTAL POLE ASSEMBLIES3EA$703.50 $2,110.50 $725.00 $2,175.00 $450.00 $1,350.00 $444.00 $1,332.00 $500.00 $1,500.00 $500.00 $1,500.00T-32VIDEO IMAGING VEHICLE DETECTION SYSTEM (VIVDS)3EA$10,500.00 $31,500.00 $11,000.00 $33,000.00 $12,000.00 $36,000.00 $11,400.00 $34,200.00 $12,000.00 $36,000.00 $12,000.00 $36,000.00T-33VIVDS COAXIAL CABLE2019LF$3.68 $7,429.92 $3.00 $6,057.00 $1.40 $2,826.60 $1.40 $2,826.60 $1.30 $2,624.70 $2.00 $4,038.00T-34OPTICOM DETECTOR PHASE SELECTOR3EA$4,200.00 $12,600.00 $4,200.00 $12,600.00 $2,200.00 $6,600.00 $2,200.00 $6,600.00 $2,100.00 $6,300.00 $2,200.00 $6,600.00T-35UNI-DIRECTIONAL OPTICOM DETECTOR9EA$840.00 $7,560.00 $750.00 $6,750.00 $600.00 $5,400.00 $600.00 $5,400.00 $600.00 $5,400.00 $600.00 $5,400.00T-36UPS SYSTEM3EA$11,287.50 $33,862.50 $12,000.00 $36,000.00 $6,200.00 $18,600.00 $6,000.00 $18,000.00 $6,500.00 $19,500.00 $6,000.00 $18,000.00T-37TRAFFIC SIGNAL CONFIRMATION LIGHTS9EA$152.25 $1,370.25 $160.00 $1,440.00 $160.00 $1,440.00 $160.00 $1,440.00 $180.00 $1,620.00 $160.00 $1,440.00T-38FURNISHING ILLUMINATED STREET SIGN9EA$2,887.50 $25,987.50 $2,200.00 $19,800.00 $4,300.00 $38,700.00 $4,200.00 $37,800.00 $4,200.00 $37,800.00 $4,200.00 $37,800.00T-39INSTALLATION OF ILLUMINATED STREET SIGN NAMES9EA$262.50 $2,362.50 $300.00 $2,700.00 $430.00 $3,870.00 $430.00 $3,870.00 $450.00 $4,050.00 $420.00 $3,780.00SUBTOTAL I-1 THRU I-89$321,370.05 $340,847.00 $357,548.20 $349,826.10 $366,152.10 $353,980.00TOTAL (A)$3,889,080.49 $3,961,787.00 $4,087,477.40 $4,102,844.80 $4,350,612.35 $4,466,014.00NUMBER OF CALENDAR DAYS300 300 380 380 400 365DAYS * $2000 (B)$600,000.00 $600,000.00 $760,000.00 $760,000.00 $800,000.00 $730,000.00TOTAL (A+B)$4,489,080.49 $4,561,787.00 $4,847,477.40 $4,862,844.80 $5,150,612.35 $5,196,014.00
DEPT: City Manager
DATE: December 13, 2005
ITEM #: 27
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a an ordinance of the city of Coppell, Texas, amending the code of ordinances by
amending chapter 8, by adding article 8-8, administrative adjudication of parking violations; providing for establishing all
municipal parking violations to be a civil offense; providing for appointment of hearing officers, establishing powers,
functions and duties; providing for form of citation and service; providing for liability of owner and operator; providing for
answer and adjudication by mail; providing for hearing for disposition and failure to appear; providing for fines and
enforcement; providing for impoundment and hearing; providing for appeal procedures; providing a repealing clause;
providing a severability clause; providing a savings clause; and providing an effective date; and authorizing the Mayor to
sign.
GOAL(S):
EXECUTIVE SUMMARY: The following information is provided for your consideration in reviewing this
ordinance and its impact.
1. Total cost of a parking ticket presently is $164. Of that amount $75 is a local fine and $66.60 goes to the
state of Texas for mandated fees. The balance goes for Court costs and associated fees mandated by the
State but collected and retained by the local authority.
2. Year-to-date through 10/28/05 we have issued 87 parking tickets. For calendar year 2004 we issued 97.
This is in contrast to issuing 77 fire lane violations last year, 131 year-to-date.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Parking
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ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8,
BY ADDING ARTICLE 8-8, ADMINISTRATIVE ADJUDICATION OF
PARKING VIOLATIONS; PROVIDING FOR ESTABLISHING ALL
MUNICIPAL PARKING VIOLATIONS TO BE A CIVIL OFFENSE;
PROVIDING FOR APPOINTMENT OF HEARING OFFICERS,
ESTABLISHING POWERS, FUNCTIONS AND DUTIES; PROVIDING
FOR FORM OF CITATION AND SERVICE; PROVIDING FOR
LIABILITY OF OWNER AND OPERATOR; PROVIDING FOR ANSWER
AND ADJUDICATION BY MAIL; PROVIDING FOR HEARING FOR
DISPOSITION AND FAILURE TO APPEAR; PROVIDING FOR FINES
AND ENFORCEMENT; PROVIDING FOR IMPOUNDMENT AND
HEARING; PROVIDING FOR APPEAL PROCEDURES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 8, by adding Article 8-8, Administrative Adjudication of
Parking Violations, which shall read as follows:
"CHAPTER 8
TRAFFIC REGULATIONS
. . . . .
ARTICLE 8-8. ADMINISTRATIVE ADJUDICATION OF PARKING
VIOLATIONS.
Sec. 8-8-1. Parking violations made civil offenses.
Every violation of a provision of this chapter or of Chapter 8 of this code governing
the stopping, standing, or parking of a vehicle is a civil offense. In additional to being
subject to the criminal penalties and procedures established in Article 8-3 of this code, a
violation may also be adjudicated as a civil offense under this article.
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Sec. 8-8-2. General authority and duty of director.
The City Manager shall appoint a director to implement and enforcement the
provisions of this ordinance and who may by written order establish its rules and regulations
not inconsistent with this article.
Sec. 8-8-3. Hearing officers; Powers, Duties, and Functions.
A. Hearing officers shall be appointed by the city manager, or a designated
representative, to administratively adjudicate all parking violations for which a parking
citation has been issued under this chapter or under Chapter 8 of this code.
B. Hearing officers shall have the following powers, duties, and functions:
1. To administer oaths.
2. To accept admissions to, and to hear and determine contests of, parking
violations under this chapter.
3. To issue orders compelling attendance of witnesses and the production of
documents, which orders may be enforced by a municipal court.
4. To assess fines, penalties, and other costs for a parking violation in
accordance with this chapter.
5. To waive penalties assess for a parking violation in accordance with
Section 8-8-9 of this chapter.
6. To preside over, hear evidence, and make findings at immobilization/im-
poundment hearings in accordance with this chapter.
Sec. 8-8-4. Parking citations; form.
A. A parking citation serves as the summons and complaint for purposes of this
article.
B. A parking citation must be on a form prescribed by the director and must
include the following information:
1. the nature, date, time, and location of the alleged parking violation
and the meter number, if applicable;
2. the state license plate number of the illegally parked vehicle, or if not
visible or legible, the vehicle identification number or the brake
inspection tag number;
3. the make of the illegally parked vehicle;
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4. the date, time, and location of the administrative adjudication
hearing, to be set not later than fifteen (15) calendar days after the
date of issuance of the parking citation;
5. a notification that the person charged with the parking violation has
the right to an immediate hearing any business day before the
scheduled administrative adjudication hearing; and
6. a notification that failure to timely appear at either an immediate
hearing or a scheduled administrative adjudication hearing is
considered an admission of liability for the parking violation charge
and will result in the assessment of appropriate fines, penalties, and
costs and may result in the immobilization, towing, and
impoundment of the vehicle for which the citation was issued.
C. The original or any copy of a parking citation is a record kept in the ordinary
course of city business and is prima facie evidence of the facts contained in the parking
citation.
Sec. 8-8-5. Service of a parking citation; Presumption of service.
A. A parking citation must be served personally upon the operator of a vehicle
who is present at the time of service. If the operator is not present, or cannot otherwise be
personally served, the parking citation must be served upon the registered owner of the
vehicle by affixing the parking citation to the vehicle in a conspicuous place.
B. An operator of a vehicle who is not the vehicle’s owner, but who uses or
operates the vehicle with the express or implied permission of the owner, shall be
considered the owner’s agent authorized to receive a parking citation required to be served
upon the registered owner or operator of a vehicle in accordance with the provisions of this
section.
C. If the owner or operator of a vehicle drives the vehicle away from or in any
manner leaves the site of the parking violation while the issuing officer is preparing the
parking citation, or refuses service of the parking citation, this fact shall be noted on the
original and all copies of the parking citation.
D. The original parking citation must be signed by the issuing officer who shall
affirm the truth of the facts set forth in the citation.
E. The original and all copies of a parking citation are prima facie evidence that
the parking citation was issued and that an attempt at service was made in accordance with
the provisions of this section.
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Sec. 8-8-6. Liability of the vehicle owner and operator; Presumption of liability.
A. Except as provided in Subsection (B), the registered owner and the operator
of a vehicle, when not the same, shall both be liable to the city for a parking violation
charge, except that the operator of a vehicle shall be solely liable if the owner can proved
that the vehicle was operated without the owner’s express or implied consent. A vehicle
owner who pays any civil fines, penalties, or costs pursuant to this article shall have the right
to recovery from the vehicle operator.
B. A vehicle owner who is engaged in the business of renting or leasing
vehicles under written rental or leasing agreements shall not be liable for parking fines,
penalties, and costs imposed by the city on a rented or leased vehicle if, within thirty (30)
days after receiving written notice of a parking violation, the vehicle owner provides in
affidavit form the true name, address, and driver’s license number and state of issuance of
the person in possession of the vehicle at the time the parking citation was issued, or a true
copy of the lease or rental agreement in effect at the time the parking citation was issued.
C. A lessor of a vehicle who fails to comply with Section (B) shall be treated as
any other vehicle owner and shall be liable with the vehicle operator for a parking violation
charge.
D. It is a defense to any charge of a parking violation that, at the time of the
violation, the illegally parked vehicle was reported to a police department as having been
stolen prior to the time of the violation and had not yet been recovered.
E. In any hearing to administratively adjudicate a parking citation, it is
presumed that the registered owner of the vehicle for which the citation was issued is the
person who stopped, stood, or parked the vehicle at the time and place of the parking
violation. Proof of ownership may be made by a computer-generated record of the
registration of the vehicle with the Texas Department of Transportation showing the name
of the person to whom state license plates were issued. This proof is prima facie evidence of
the ownership of the vehicle by the person to whom the certificate of registration was issued.
Sec. 8-8-7. Answering a parking citation.
A. A person who has been issued a parking citation shall answer to the charge
of the parking violation by the date shown on the citation. An answer may be made in any
of the following ways:
1. An admission of liability with payment of the applicable civil fine, and any
additional penalties and costs.
2. A denial of liability made before a hearing officer at an administrative
adjudication hearing on a date specified in the parking citation or at an
immediate hearing before that date.
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3. An admission of liability with an explanation made before a hearing officer
at an administrative adjudication hearing on a date specified in the parking
citation or at an immediate hearing before that date.
4. A request for permission from a hearing officer to adjudicate by mail.
5. A request to reset a scheduled administrative adjudication hearing from the
date shown on the parking citation. A scheduled hearing may not be reset
more than once unless the person charged pays to the director an amount
equal to the applicable civil fine for the parking violation, with any
additional penalties and costs. The director shall issue a receipt for any
amounts paid under this paragraph. After presentation of the receipt, all
amounts paid will be refunded to the person charged if the hearing officer, or
a municipal court on appeal, finds that the person is not liable for the parking
violation.
B. Payment of the civil fine and any additional penalties and costs may be made
in person or by mailing to the director the parking citation accompanied by payment of the
amount shown on the citation. Payment by mail may be made only by money order or
check made out to the city. Payment of the civil fine and all penalties and costs assessed
pursuant tot this article shall operate as a final disposition of the parking violation charge,
except when payment is made to reset a scheduled hearing or to file an appeal.
Sec. 8-8-8. Adjudication by mail.
A. If a person charged with a parking violation shows good cause for not
attending a hearing, either personally or through a representative, the hearing officer may
permit the matter to be adjudicated by mail, which adjudication must be completed within
ninety (90) calendar days of the date of the citation.
B. Letters, memoranda, affidavits, photographs, and other documentary
materials shall be admissible as evidence for the purposes of adjudication by mail. The
hearing officer may exclude from consideration any material that is not relevant to the
adjudication of the alleged violation.
C. Failure of the person charged to proceed with an adjudication by mail after
requesting and receiving permission to adjudicate by mail is an admission by the person
charged of liability for the parking violation and shall subject the person who requested the
adjudication by mail to the appropriate civil fines, penalties, and costs assessed by the
hearing officer.
D. If a hearing officer determines that an adjudication cannot proceed by mail,
the hearing officer shall advise the person charged by first class mail that the person must
appear to answer the charge at a hearing.
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Sec. 8-8-9. Hearings for disposition of a parking citation; Parking citation as prima
facie evidence.
A. Every hearing for the adjudication of a parking violation charge under this
chapter shall be held before a hearing officer.
B. At a hearing, the parking citation is prima facie proof of its contents and the
officer or other authorized person who issued the parking citation is not required to be
present; except, that the issuing officer or other authorized person shall be present at a
scheduled administrative adjudication hearing if requested by the person charged or by the
hearing officer.
C. At a hearing, the hearing officer shall hear and consider evidence presented
by the city and by the person charged. The formal rules of evidence do not apply to a
hearing under this article, and the hearing officer shall make a decision based upon a
preponderance of the evidence presented at the hearing, after giving due weight to all
presumptions and prima facie evidence established by this article or other applicable law.
D. At the conclusion of an immediate or a scheduled administrative
adjudication hearing, the hearing officer shall immediately render an order or decision,
either by:
1. finding the person charged liable for the parking violation, assessing the
applicable civil fine and any penalties and other costs in accordance with this
article, and notifying the person of the right to appeal to municipal court; or
2. finding the person charged not liable for the parking violation;
E. An order of a hearing officer must be filed with the city department of public
works and transportation in a separate index and file. The order may be recorded using
computer printouts, microfilm, microfiche, or similar data processing techniques.
Sec. 8-8-10. Failure to answer a parking citation or appear at a hearing.
A. The failure of any person charged with a parking violation to answer to the
charge with in fifteen (15) calendar days after the date of issuance of the parking citation or
to appear at any hearing, including a hearing on appeal, when required to appear is an
admission of liability for the parking violation, and the hearing officer, or the municipal
court in the case of an appeal, shall issue an order of liability and assess against the person
charged with the violation the appropriate civil fines, penalties, and other costs.
B. Within seven (7) calendar days after filing an order of liability issued under
this section, a hearing officer shall notify the registered owner or operator of the vehicle in
writing of the order. The notice must be sent by United States mail to the last address of the
registered owner on record with the Texas Department of Transportation, or to the address
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of the registered owner or operator last known to the hearing officer. The notice must
include a statement:
1. of the amount of civil fines, penalties, and costs assessed;
2. of the right to appeal to municipal court; and
3. that failure to pay can result in immobilization and impoundment of the
vehicle.
Sec. 8-8-11. Fine schedule; other fees.
A. The following is the schedule of civil fines for parking violations under this
chapter and of this code that are made civil offenses under this article:
Violation Fine Costs
No parking on specific streets, Sec. 8-3-1 $ 50.00 $ 25.00
Parking for persons with disabilities, Sec. 8-3-3 $100.00 $ 25.00
Parking prohibited on parkways $ 50.00 $ 25.00
Parking regulations of boats, Sec. 8-3-5 $ 50.00 $ 25.00
Parking regulations-Trucks in excess of 1½ ton, Sec. 8-3-6 $ 50.00 $ 25.00
Truck Parking – Residential Area, Sec. 8-3-7 $ 50.00 $ 25.00
B. If a civil fine is assessed under this article, it must be in accordance with this
section. A fine may not be waived or modified by a hearing officer, or by a municipal court
on appeal, except that additional penalties and other costs may be added in accordance with
this section.
C. An additional penalty in an amount equal to the original fine will be assessed
if a vehicle owner or operator, or the agent of the owner or operator, fails to:
1. answer to a parking violation charge within fifteen (15) calendar days after
the date of issuance of the parking citation or fails to appear at any hearing
schedule after fifteen (15) calendar days from the date of the parking
citation; or
2. after being found liable, pay all civil fines, fees, and costs assessed for a
parking violation within the time designated by the hearing officer.
D. A penalty assessed under Subsection (C) of this section may be waived by a
hearing officer, of by a municipal court on appeal, if the vehicle owner or operator or agent
of the vehicle owner or operator, can establish that:
1. through no fault of the vehicle owner or operator, or agent of the vehicle
owner or operator:
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a. no notice of the parking violation was received as required by this
article;
b. no notice of the hearing officer’s order was received as required by
this article; or
c. payment of the fine assessed for the parking violation was not posted
in a timely manner;
2. the penalty was assessed in error; or
3. the vehicle was at the time of the violation stopped, stood, or parked in
response to a medical emergency.
E. In addition to all fines, penalties, and other costs assessed under this article, a
person found liable for a parking violation shall pay a court cost of $5.
F. The minimum fine established in this section must be doubled for the second
conviction of the same offense within any twenty-four (24) month period and trebled for
third and subsequent convictions of the same offense within any twenty-four (24) month
period.
Sec. 8-8-12. Enforcement of order.
A hearing officer’s order may be enforced by:
1. impounding the vehicle that is the subject of the order when it is found on
any public street, right-of-way, easement, or other public or city-owned
property, if the person charged has committed three or more parking
violations in any calendar year that have not been resolved either by a
finding of no liability or by payment of all fines, penalties, and costs
assessed by the hearing officer;
2. placing a boot on the vehicle that is the subject of the order when it is found
on any public street, right-of-way, easement, or other public or city-owned
property, if the person charged has committed three or more parking
violations in any calendar year that have not been resolved either by a
finding of no liability or by payment of all fines, penalties, and costs
assessed by the hearing officer;
3. imposing an additional penalty to a civil fine not paid within the designated
period;
4. denying any parking permit; or
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5. refusing to allow the registration of the vehicle that is the subject of the order
as provided by Article 6675a-2, Vernon’s Texas Civil Statutes.
Sec. 8-8-13. Immobilization/impoundment hearing.
A. The registered owner of a vehicle that is immobilized or impounded for the
purpose of enforcing a hearing officer’s order shall have the right to a prompt
immobilization/impoundment hearing before a hearing officer.
B. The request for an immobilization/impoundment hearing must be made in
writing to the director, on a form provided for that purpose, within three (3) calendar days
from the date the vehicle was immobilized or impounded, whichever occurred first.
C. An immobilization/impoundment hearing must be held within forty-eight
(48) hours after the director receives the request for a haring, excluding Saturdays, Sundays,
and city holidays, at the parking adjudication office or at such other convenient and
reasonable place as the hearing officer may designate.
D. The issue to be determined at the immobilization/impoundment hearing is
whether the immobilization or impoundment of the vehicle was authorized by this chapter.
E. The immobilization or impoundment of a vehicle is valid if it complies with
the requirements of this chapter, unless the vehicle owner or operator, or agent of the vehicle
owner or operator, can establish that:
1. the vehicle was registered to and operated by another person at the
time the unresolved parking violations occurred;
2. the vehicle was being operated without the owner’s express or
implied consent at the time the unresolved parking violations
occurred;
3. through no fault of the owner, notice of the unresolved parking
violations was never received as required by this article;
4. one or more citations for the unresolved parking violations are
defective and, if dismissed, would leave no more than two
unresolved parking violations within the calendar year; or
5. at the time of immobilization or impoundment of the vehicle, the
registered owner had no more than two unresolved parking violations
within the calendar year.
F. The determination of the hearing officer at the immobilization/impoundment
hearing is final and is not subject to appeal.
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G. If the hearing officer determines that immobilization or impoundment of a
vehicle was not valid, all fees paid for immobilization, towage, storage, and impoundment
of the vehicle and any other amount paid to redeem the vehicle shall be refunded, including
any fines, penalties, and costs for any parking violations for the purposes of immobilizing or
impounding the vehicle. Any fines, penalties, and costs paid for a parking violation for
which the registered owner was liable will not be refunded.
Sec. 8-8-14. Appeal from hearing.
A. A person determined by a hearing officer, at either an immediate or
scheduled administrative adjudication hearing or by failure to answer a parking citation or
appear at a hearing in the time required, to be liable for a parking violation may appeal this
determination to the municipal court by filing a petition, along with a filing fee of $15, with
the municipal court clerk or a deputy clerk within thirty (30) calendar days after the hearing
officer’s order is filed with the department of public works and transportation. If the hearing
officer’s order is reversed, the $15 filing fee shall be returned by the city to the appellant.
B. Upon receipt of an appeal petition, the municipal court clerk or deputy clerk
shall schedule an appeal hearing and notify all parties of the date, time, and location of the
hearing. The officer or other authorized person who issued the parking citation is not
required to be present at the appeal haring unless requested by the person charged or by the
municipal court.
C. The appeal hearing must be a trial de novo in municipal court and is a civil
proceeding for the purpose of affirming or reversing the hearing officer’s order. The person
filing the appeal may request that the hearing be held before a jury. The decision from the
municipal court is final.
D. Service of notice of appeal under this section does not stay the enforcement
and collection of any order of a hearing officer, unless the person filing the appeal pays to
the director an amount equal to all civil fines, penalties, and costs assessed against the
person charged. The director shall issue a receipt for any amounts paid under this
subsection. After presentation of the receipt, all amounts will be refunded if the hearing
officer’s order is overturned on appeal.
Sec. 8-8-15. Disposition of fines, penalties, and costs.
All fines, penalties, and costs assessed under this ordinance shall be paid into the
city’s general fund for the use and benefit of the city.”
SECTION 2.That all provisions of the Code 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.
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SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 5.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 Code of
Ordinances 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 ($2,000.00) Dollars for each offense; and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6.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 provides.
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
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APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/05/05)
DATE: December 13, 2005
ITEM #: 28
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: December 13, 2005
ITEM #: 29
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Councilmember Tunnell regarding NLC.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: December 13, 2005
ITEM #: 30
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: December 13, 2005
Department Submissions:
Item Nos. 11/L, 17, 18, 19, 20, 21, 22, 23, 24 and 25 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
Item Nos. 11/C, 11/D, 11/E, 11/F, 11/G, 11/H, 11/I and 26 were
placed on the Agenda for the above-referenced City Council meeting by the
Engineering Department. I have reviewed the Agenda Requests (and any
backup if applicable) and hereby submit these items to the City Council for
consideration.
____________________
Engineering Department
Item No. 8 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 No. 11/J was placed on the Agenda for the above-referenced City
Council meeting by the Human Resources Department. I have reviewed
the Agenda Request (and any backup if applicable) and hereby submit this
item to the City Council for consideration.
____________________
Human Resources Department
Item No. 11/K was placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Fire Department
Item No. 11/M was placed on the Agenda for the above-referenced City
Council meeting by the Information Services Department. I have
reviewed the Agenda Request (and any backup if applicable) and hereby
submit this item to the City Council for consideration.
____________________
Information Services 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
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
(or Deputy City Manager)