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CP 2007-05-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 22, 2007 DOUG STOVER, BILLY FAUGHT, Place 5 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6 BRIANNA HINOJOSA-FLORES, Place 3 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, May 22, 2007, 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. ag052207 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 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; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Coppell High School Math Students. B. Vision 2030 – Process and Appointments to Steering Committee. 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. ag052207 Page 2 of 6 ITEM # ITEM DESCRIPTION 7. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. 8. Report by Park Board. 9. Citizens' Appearances. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 8, 2007. B. Consider approval of removing Stephen Hafer from the Park Board due to attendance requirements not being met. C. Consider approval of a resolution marking the third anniversary of the "Welcome Home a Hero" program at DFW Airport, and authorizing the Mayor to sign. D. Consider approval of awarding Bid # Q-0407-01, for Cleaning and Related Services of municipal buildings, to Regent Services in the amount of $121,244.04 as budgeted, for a one-year period beginning June 1, 2007, with renewal options for an additional 4- years; and authorizing the City Manager to sign. E. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinance for the City of Coppell to prohibit stopping, standing or parking a vehicle at all times, on both sides of Crestside Drive beginning at a point approximately 430 feet south of its intersection with Wrangler Drive and extending to a point at the west property line of Lot 1, Block A of the PSI Net Addition in the Northlake 635 Business Park; and authorizing the Mayor to sign. F. Consider approval to enter into a Professional Engineering Services Agreement with Kimley-Horn and Associates, Inc. to provide review services of Floodplain Study submittals, for compliance with City of Coppell ordinances and Federal Emergency Management Agency (FEMA) requirements; and authorizing the City Manager to sign. END OF CONSENT ag052207 Page 3 of 6 ITEM # ITEM DESCRIPTION 11. PUBLIC HEARING: Consider approval of Case No. PD-223-C and S-1114-C, Kimbel Addition, zoning change request from C (Commercial), S-1085-C and S-1114-C to PD-223-C and S-1114-C (Planned Development 223-Commercial and Special Use Permit 1114-Commercial) to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John’s) and a portion of an existing retail structure, totaling 25,245-square-feet, and to allow a reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance, on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard. 12. Consider approval to rescind the previously awarded Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Ken-Do Contracting and to award Bid # Q 0507-01 for the rebid of the annual Reinforced Concrete Paving Repair Project to Laughley Bridge and Construction, Inc. in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. 13. Consider approval of an Interlocal Agreement between the city of Irving and the city of Coppell for mutual interest in communications consultancy services for the benefits of the citizens in their respective municipalities, and the greater Dallas community, and authorizing the Mayor to sign. 14. Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. 15. Consider appointments to Council Committees. 16. City Manager's Report. A. FY07 Goals and Objectives. 17. Mayor and Council Reports. A. Report by Mayor Stover regarding Video on Susan G. Komen North Texas Race for the Cure. B. Report by Mayor Stover regarding Project Graduation May 29th. 18. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Mayor Pro Tem Faught and Councilmember York. ag052207 Page 4 of 6 ITEM # ITEM DESCRIPTION C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Peters and Franklin. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H. Metrocrest Medical Services – Councilmember Hinojosa-Flores. I. Metrocrest Social Service Center – Councilmember York. J. North Texas Council of Governments - Councilmember Peters. K. NTCOG/Regional Emergency Management - Councilmember Franklin. L. North Texas Commission - Councilmember Brancheau. M. Senior Adult Services – Mayor Pro Tem Faught. 19. Necessary action resulting from Work Session. 20. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 18th day of May, 2007, at __________________. ____________________________________ Libby Ball, City Secretary ag052207 Page 5 of 6 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). ag052207 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2007 Economic Development • Promote highest and best use of Lesley tract • Continue to explore large tract development options • Continue “hot spot” focus • Refine “Old Coppell” vision • Assess use/sale/acquisition of City property • Develop strategy to attract and retain high value office/retail/development Quality Public Facilities & Infrastructure • Explore funding sources for IMF • Implement ½-cent sales tax reallocation for parks • Continue focus on local/regional transportation efforts • Provide quality park and recreation facilities Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Optimize citizen communication efforts • Promote citizen involvement • Actively participate in the legislative process Sense of Community • Develop and support community special events • Encourage and evaluate teen initiatives • Reassess viability of City cemetery • Evaluate services and programs for senior citizen community • Continue support for social services benefiting Coppell citizens • Continue partnership with public entities serving our community Fiscal Stability • Continue and refine financial planning and forecasting • Continue systematic management of debt and expenditures • Balance expenditures with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Minimize potential impact of external factors and developments Neighborhood Integrity & Code Enforcement • Maintain communication with neighborhoods and the community • Update Master Plan and Zoning as required • Continue proactive neighborhood integrity programs 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: May 22, 2007 ITEM #: ES-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; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: May 22, 2007 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Presentation by Coppell High School Math Students. B. Vision 2030 – Process and Appointments to Steering Committee. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 22, 2007 7 ✔ PROCEDURAL Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. The Coppell Home Rule Charter decrees that a new Mayor Pro Tem be selected annually. Elect a Mayor Pro Tem %ProTem WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 22, 2007 8 ✔ REPORT Report by the Park Board. The semi-annual report will be made by a member of the Park Board. No action necessary on this item. %boardreport DATE: May 22, 2007 ITEM #: 9 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 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 22, 2007 10/A ✔ PROCEDURAL Consider approval of minutes: May 8, 2007. Minutes of the City Council meeting held on May 8, 2007. Staff recommends approval. %minutes MINUTES OF MAY 8, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 8, 2007, at 5:30 p.m. p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Councilmember Hinojosa-Flores was absent from the meeting. Als o 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. 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,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. cm050807 Page 1 of 20 2. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:51 p.m. as allowed under the above-stated article. Mayor Stover recessed the Exec utive Session at 6:53 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review of Council Strategy and Goal Setting. B. Discussion of Agenda Items. Work Session was not convened. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. The Reverend Jennifer Scott of the First United Methodist Church led those present in the invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. cm050807 Page 2 of 20 7. Consider approval of a proclamation congratulating Coppell High School students on their appointments to military academies, and authorizing the Mayor to sign. Presentation: Mayor Stover read Proclamations for the record and presented the same to each student. Action: Councilmember Peters moved to approve a proclamation congratulating Matthew Hansen on his appointment to West Point, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Branch eau, Peters, Tunnell, Franklin and York voting in favor of the motion. Councilmember Peters moved to approve a proclamation congratulating Parker Pope on his appointment to the Merchant Marines, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. Councilmember Peters moved to approve a proclamation congratulating Michael Shuman on his appointment to the Naval Academy at Annapolis, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 8. Citizens’ Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: cm050807 Page 3 of 20 A. Consider approval of minutes: April 24, 2007. B. Consider the approval of a Resolution authorizing the City of Coppell to enter into a Local Project Advance Funding Agreement (LPAFA) with the State of Texas for voluntary local government contributions to transportation improvement projects; providing for the Federal funding of the IH 635 westbound frontage road, west of Belt Line Road; authorizing the Mayor to sign and providing an effective date. C. Consider approval of an Ordinance for Case No. PD-108R2.2- SF-9, The Reserve, Lot 11, Block B, zoning change from PD- 108R2-SF-9 (Planned Development-108 Revision 2-Single Family-9) to PD-108R2.2-SF-9 (Planned Development-108 Revision 2.2-Single Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds Lane, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-221R-HC, Duke Lesley Addition, zoning change from PD-221-HC (Planned Development-221-Highway Commercial) to PD- 221R-HC (Planned Development-221 Revised-Highway Commercial) to attach a Detail Site Plan to allow for a 182,700- square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S-1215R-C, Kountry Donuts & Cafe, zoning change from S-1215-C (Special Use Permit-1215-Commercial) to S-1215R-C (Special Use Permit-1215 Revised-Commercial), to allow a 1,400-square- foot restaurant with drive-through service on 0.49 of an acre of property located along the west side of S. Denton Tap Road, approximately 500 feet north of Southwestern Boulevard, and authorizing the Mayor to sign. cm050807 Page 4 of 20 F. Consider approval of an Ordinance for Case No. S-1237-C, Da Dusty Cellar, zoning change request from C (Commercial) to S- 1237-C (Special Use Permit-1237-Commercial) to allow a 3,000-square-foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. S-1238-C, Kegs N Cellar, zoning change from C (Commercial) to S-1238- C (Special Use Permit-1238-Commercial) to allow a 2,850- square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. S-1240-R, DeVine Cellars, zoning change from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,981-square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road, and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B carrying Resolution No. 2007-0508.1 and adding condition that Duke will be financially responsible for funding in the amount of $952,416.50, C carrying Ordinance No. 91500-A-454, D carrying Ordinance No. 91 500- A-455, E carrying Ordinance No. 91500-A-456, F carrying Ordinance No. 91500-A-457, G carrying Ordinance No. 91500-A-458 and H carryin g Ordinance No. 91500-A-459. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of three hundred (300’ ) feet to Harun Bruno Ceka (Siena Pasta & Pizza) from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a cm050807 Page 5 of 20 business address being 780 S. MacArthur Boulevard, Suite 100; and authorizing the Mayor to sign. 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. Action: Councilmember York moved to close the Public Hearing and approve Resolution No. 2007-0508.2 granting a variance of three hundred (300’ ) feet to Harun Bruno Ceka (Siena Pasta & Pizza) from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 780 S. MacArthur Boulevard, Suite 100; and authorizing the Mayor to si gn. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Sit e Plan, to allow the development of 25 residential units, recreat ion, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located along the east side of Coppell Road, approxima tely 210 feet north of Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm050807 Page 6 of 20 Jason Rose, 1207 Bethel School Court, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Brancheau moved to close the Public Hearing and a pprove Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2- Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acr e of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road; subject to the following conditions: 1) Label Mulberry Lane on all exhibits; eliminate Kate Lane; 2) Landscape Plan needs to be signed by a registered landscape architect; 3) Insure units comply with Old Coppell Design Guidelines; 4) Drainage system will be further evaluated during Engineering's plan review process; and 5) Park development fee of $1285/unit and tree removal permit required. Councilmember Tunnell seconded the motion; the motion carried 6 -0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family– 9) to PD-214R2-SF-9 and C (Planned Development- 214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road. cm050807 Page 7 of 20 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Matt Alexander, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and asked for those persons wishing to speak on this proposal. 1) Jeannine Luenser, 120 Hearthwood Drive, spoke against the proposal; 2) Gina Calabro, 116 Hearthwood Drive, spoke against the proposal; 3) Ernie Jennings, 251 Tealwood, spoke against the proposal; and 4) Paul Tillson, 129 Hearthwood, spoke against the proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-214R2-SF-9 and C, Arbor Manors, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family– 9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road; subject to the following conditions: 1) Park development fees will be assessed at $1285/unit; 2) Tree removal permit will be required prior to any construction start; 3) Explain development of cul-de-sac on west property line (how , easement, etc.) with written statement; 4) ALL common areas need to be identified by ascending numbers 1X, 2X, 3X, 4X, 5X, etc.; 5) Indicate wall column spacing on exhibit (10- to 30-foot spacing); 6) Indicate “ existing guard rail” along Tealwood Drive will be removed upon street construction; 7) Need sealed/signed Landscape Plan by a registered landscape architect; 8) Runoff needs to be intercepted before reaching Sandy Lake Road; drainage will be evaluated further during Engineering plan review; cm050807 Page 8 of 20 9) Label water and sanitary sewer lines correctly and tie into Tealwood Drive; 10) Connect to the existing access drive to the south; 11) 40% lot coverage for single story and 35% lot coverage for two- story; 12) Tree mitigation fee in the amount of $101,000.00; and 13) Eight (8) foot board on board fence on the southern boundary of the development which borders the residential property in Wynnpage. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. A short recess was taken at this time. 13. PUBLIC HEARING: Consider approval of Case No. S-1108R3-A, T-Mobile, zoning change request from S-1108-A (Special Use Permit-1108- Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3- Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-f eet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. David Kirk, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. cm050807 Page 9 of 20 Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1108R3-A, T-Mobile, zoning change request from S-1108-A (Special Use Permit-1108-Agriculture) to S-1108R3-A (Special Use Permit-1108 Revision 3-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road; subject to the following conditions: 1) If access or improvements are within the Riverchase HOA, permission must be granted by the HOA prior to construction. Submit easement agreement; 2) Accurately depict the nine antenna on the elevation sheet; 3) Show masonry wall and gate specifications on black and white elevation (i.e., materials, color and type). The gate shall be solid and painted to match the masonry wall; and 4) Ensure the engineer is listed with the Texas Board of Profes sional Engineers. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of the Shadydale Acres, Lots 4R1 and 4R2, Block C, Replat, being a replat of Lot 4R, Block C, into two lots to allow the development of two single-family homes on 1.108 acres of property located along the east side of Shadydale Lane, 190’ north of Shady Oak Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Steve Payne, 607 Lake Park, Applicant, addressed the Council. cm050807 Page 10 of 20 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing and approve the Shadydale Acres, Lots 4R1 and 4R2, Block C, Replat, being a replat of Lot 4R, Block C, into two lots to allow the development of two single-family homes on 1.108 acres of property located along the east side of Shadydale Lane, 190’ north of Shady Oak Lane, subject to the following conditions: 1) Waiver of the alley requirement; 2) A Tree Removal Permit being obtained for each lot prior to the issuance of a Building Permit; 3) Impact Fees will be required for the additional water and se wer service to the new Lot 4R2; and 4) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. PD-227-SF-12, Bellacere Addition, zoning change request from 2F-9 (Two Family-9 Residential) to PD- 227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Tom Whatley, Applicant, addressed Council. cm050807 Page 11 of 20 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing and approve: Item 15: Case No. PD-227-SF-12, Bellacere Addition, zoning change request from 2F-9 (Two Family-9 Residential) to PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive, subject to the following conditions: 1) Park development fees are $1,285.00 per unit; and 2) A Tree Removal Permit is required prior to start of construction. and Item 16: Bellacere Addition, Lots 1-4, Block A, Preliminary Plat, to establish lot lines, easements and a fire lane to allow the construction of four single- family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive, subject to the following conditions: 1) Drainage issues will be evaluated further during the Engineering plan review process; and 2) Waiver of requirement of the Subdivision Ordinance that all residential lots front on dedicated streets. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. cm050807 Page 12 of 20 16. Consider approval of the Bellacere Addition, Lots 1-4, Bloc k A, Preliminary Plat, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. This item was considered under Item 15. See Item 15 for minutes. 17. Consider granting the Planning & Zoning Commission Final Plat approval authority of the Bellacere Addition, Lots 1-4, Block A , to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to grant he Planning & Zoning Commission Final Plat approval authority of the Bellacere Addition, Lots 1 -4, Block A, to establish lot lines, easements and a fire lane to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Branch eau, Peters, Tunnell, Franklin and York voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. S-1216R, Cool Star Beverage, zoni ng change request from PD-157R6-C-S-1216 (Planned Development- 157 Revision 6-Commercial– Special Use Permit- 1216) to PD- 157R6-C-S-1216R (Planned Development-157 Revision 6- Commercial-Special Use Permit-1216-Revised) to allow the cm050807 Page 13 of 20 operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard). Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Kristen An, Applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1216R, Cool Star Beverage, zoning change request from PD- 157R6-C-S-1216 (Planned Development-157 Revision 6-Commercial– Special Use Permit- 1216) to PD-157R6-C-S-1216R (Planned Development-157 Revision 6-Commercial-Special Use Permit-1216- Revised) to allow the operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard), subject to the following conditions: 1) Compliance with all City of Coppell Ordinances, as well as T ABC rules and regulations, which are specific to this use; and 2) The hours of operation for this store shall not exceed 9 a.m. to midnight Monday-Saturday and noon until midnight on Sunday. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 19. PUBLIC HEARING: Consider approval of Case No. S-1187R2-C, Pizza Inn, zoning cha nge request from S-1187R-C (Special Use Permit-1187 Revised– cm050807 Page 14 of 20 Commercial) to S-1187R2-C (Special Use Permit-1187 Revision-2- Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur Blvd., Suite 405. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Shameem Hasan, Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Franklin moved to close the Public Hearing and ap prove Case No. S-1187R2-C, Pizza Inn, zoning change request from S-1187R-C (Special Use Permit-1187 Revised– Commercial) to S-1187R2-C (Special Use Permit-1187 Revision-2-Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 7 77 S. MacArthur Blvd., Suite 405, subject to the following conditions: 1) The site shall be developed in accordance with the Site Plan, Floor Plan and Sign Plan. One additional attached sign identical to the existing sign shall be permitted; and 2) The hours of operation shall not exceed 9 a.m. to midnight, seven days a week Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 20. Consider approval of an Ordinance for Case No. S-1239-C, Camp Bow Wow, zoning change from C (Commercial) to S-1239-C (Special cm050807 Page 15 of 20 Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a screened 3,900-square-foot outside play area to be locat ed at 769 S. MacArthur Boulevard, Suite #233, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-460 for Case No. S-1239-C, Camp Bow Wow, zoning change from C (Commercial) to S-1239-C (Special Use Permit-1239-Commercial) to allow a 6,484-square-foot kennel with a screened 3,900-square-foot outside play area to be located at 769 S. MacArthur Boulevard, Suite #233, and authorizing the Mayor to sign. Councilmember Frankli n seconded the motion; the motion carried 5-1 with Mayor Pro Tem Faught and Councilmembers Brancheau, Tunnell, Franklin and York voting in favor of the motion and Councilmember Peters voting against the motion. 21. PUBLIC HEARING: Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. 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. cm050807 Page 16 of 20 Action: Councilmember Franklin moved to close the Public Hearing and approve a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Adminis trative Approval of the expansion of existing restaurants, subject to certain conditions. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 22. Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the design costs related to road improvements for Coppell Road, Deforest Road and Southwestern Blvd. prior to the issuance of the bonds, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Ken Griffin, Director of Engineering and Public Works, addressed questions of Council. Action: Councilmember Brancheau moved to approve Resolution No. 2007-05 08.3 expressing official intent to receive reimbursement for costs incurred in connection with the design costs related to road improvements for Coppell Road, Deforest Road and Southwestern Blvd. prior to the issuance of the bonds, and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 23. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2006-1135, the budget for cm050807 Page 17 of 20 Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember York moved to approve Ordinance No. 2007-1163 approving an amendment to Ordinance No. 2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and aut horizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 24. Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Peters moved to postpone this item until the May 22, 2007 City Council meeting. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Tunnell, Franklin and York voting in favor of the motion. 25. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the American Cancer Society Relay for Life. cm050807 Page 18 of 20 C. Report by Mayor Stover regarding the Council Retreat. A. Mayor Pro Temp Faught reported on the Metroplex Mayors’ Meeting regarding current legislation, the NTTA bid and DART Rail. B. Mayor Stover reported on the American Cancer society Relay for Life praising the city staff’s involvement. C. Mayor Stover reported on the City Council Retreat held over the weekend. Lyle Sumek professionally facilitated the meeting in regards to the 2030 Plan. 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; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; and CB Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. To seek legal advice from City Attorney concerning proposed agreements with Dart regarding railroad and grade reconstruction and maintenance. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 10:05 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:19 p.m. and opened the Regular Session. cm050807 Page 19 of 20 REGULAR SESSION (Open to the Public) 26. Necessary action resulting from Work Session. There was no action necessary under this item. 27. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm050807 Page 20 of 20 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 22, 2007 10/B ✔ PROCEDURAL Consider approval of removing Stephen Hafer from the Park Board due to attendance requirements not being met. Pursuant to City of Coppell ordinance and Park Board By-laws, Park Board members are prohibited from missing three consecutive meetings or 25% of the regularly scheduled meetings in every 12-month period. Mr. Hafer has missed three meetings (constituting 25% of the regularly scheduled meetings). He was sent a warning letter in February advising him that he would be asked to resign if there was another absence before the end of September. He has since missed the April meeting and was sent a letter asking for his resignation. Mr. Hafer has refused to resign from the Board. Approve the removal of Stephen Hafer as a member of the Park Board. %removebdmem-1AR COPPELL PARK BOARDICRDC PRESENT - X NOT PRESENT - MEETING DATE October 02,2006 XXXXXXX X X X X November06,2006 X X X X X X X December04,2006 X X X X X X X June 04,2007 July 02, 2007 August 17,2007 September 04,2007 End of Year STUDENTS >r - a, .- m d BOARD AND COMMISSION MEMBERS 5 cam 6 ALT t 2 3 al cn Y, % a . - & 6 ddao= >V'"d=+~ - -;s a,$$.B n a >. a, February 20,2007 Mr. Stephen L. Hafer 225 Beechwood Lane Coppell, Texas 750 19 RE: Parks and Recreation Board c/?a/e Dear ~aal%r. In accordance with City policy, I am writing regarding your attendance to meetings of the Park and Recreation Board. One more absence will automatically terminate your place on that board. While we understand everyone is busy with family and work-related activities, our boards cannot function without regular attendance by their members. We appreciate your participating on one of our boards and thank you for your cooperation in this matter. If you have any questions, please contact your staff liaison. cc: Brad Reid, Staff Liaison Mayor and Council Libby Ball, City Secretary - 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 COPPELL May 3,2007 Mr. Stephen L. Hafer 225 Beechwood Lane Coppell, Texas 7501 9 RE: Parks and Recreation Board Attendance Dear Mr. Hafer: Pursuant to the Council's direction and the bylaws of boards and commissions of the City of Coppell, I must ask that you step down as a member of the Parks and Recreation Board. I realize that you have spent countless hours giving your time and service to the committee, but your lack of attendance at official meetings makes this action necessary. I am asking that you submit a letter of resignation within the next ten days. If we do not hear from you within that time period, an item will be placed on the next Council agenda to remove you from the committee and fill your vacant position. Once again, I would like to thank you personally for the commitment you have made to our community in a variety of areas. But, I must follow through with the attendance policy of the City of Coppell regarding boards and commissions. ity Manager cc: Mayor and Council Brad Reid, Staff Liaison Libby Ball 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 9721462 0022 * FAX 9721304 3673 . . DEPT: Parks and Recreation AGENDA REQUEST FORM COPPELL DATE: March 25,2003 ITEM #: 12lC ITEM CAPTION: Consider approval of modifications to the Bylaws of the Parks and Recreation Board regarding the times and location of the scheduled meetings. APPROVED BY CITYCOUNCIL ON ABOVE DATE .A$! - Motion to Approve and remove reference to meeting times M - Peters S - Raines Vote - 7-0 EXECUTIVE SUMMARY: Article IV, Section 1, of The current Park Board Bylaws stipulate a scheduled meeting start time of 7:OOPM on the first Monday of each month, to be located at Town Center. The Board has requested to change the meeting start time to 6:30 and the location to the Coppell Road Service Center, and would like for the bylaws to reflect this change. FINANCIAL COMMENTS: DIR.REVIEW: 1-t r - Agenda Request Form - Revised 09/02 CM REVIEW: Document Name: "Park Board Bylaws 1 -AR AMENDED BYLAWS OF COPPELL PARKS AND RECREATION BOARD ARTICLE I NAME The name of the organization shall be the Coppell Parks and Recreation Board, herein referred to as "the Board". ARTICLE I1 INTENT SECTION 1 : The Board shall function as an advisory group to the Coppell City Council. ARTICLE I11 OFFICERS SECTION 1: The Chairperson, Vice-Chairperson shall be elected during the October Board meeting each year for a one (1) year term. In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to temporarily assume the duties of that office until the next regular meeting at which time an election will be held to fill such vacancy. SECTION 2: The Chairperson shall preside at all meetings of the Board. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Board shall elect a Chair-Pro Tem. ARTICLE IV MEETINGS SECTION 1: Regular monthly meetings of the Board will be held on the first (1st) Monday of each month in the Coppell Road Service, conference room unless changed by the Board. The Board shall hold such special meetings as shall be called by the Chairperson or upon written request of at least two (2) members of the Board or at the request of the City Council. SECTION 2: The order of business for each meeting shall be as contained in an agenda prepared by the Parks and Recreation Director or designated representative and the Board Chairperson. Any board member or citizen of Coppell may submit items to the Chairperson or Parks and Recreation Director to be considered for the agenda. Amended Bylaws of Coppell Parks and Recreation Board - Page 1 511 ~12000 SECTION 3: All meetings require a quorum of members to be present. SECTION 4: Five (5) members of the Board shall constitute a quorum for the purpose of transaction of business, and no action of the Board shall be valid or binding unless adopted by an affirmative vote of four (4) or more members of the Board unless authorized by the laws of the State of Texas. SECTION 5: All meetings of the Board shall be open to the public unless otherwise permitted by law and shall be subject to the Open Meetings Act. SECTION 6: The Board shall submit to the City Council a copy of the minutes of each regular and special meeting with a list of any members absent from such meetings. SECTION 7: If a Board member is absent for three (3) consecutive regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12 month period, said member shall be removed from the Board, and the City Council will fill the unexpired term. ARTICLE V POWERS AND DUTIES SECTION 1: The Board shall have the following powers and perform the following duties: A. Act in an advisory capacity only to the City Council in matters that pertain to the planning and development of parks and recreational facilities and shall not have any responsibility or authority over the public officials or employees of the City in the implementation of policies or operations of the parks and recreation facilities of the City B. The Board shall receive suggestions and recommendations from citizens relating to park and recreation facilities. C. Solicit for City gifts, revenues, requests for endowments of money or property as donations or grants from persons, subject to the approval and acceptance by the City Council. D. Study and make recommendations to the City Council for the improvement and expansion of the parks and recreation facilities and programs of the City. E. Cooperate with organizations, clubs and groups concerned with recreation in the City. Amended Bylaws of Coppell Parks and Recreation Board - Page 2 F. Study and make recommendations to the City Council on long range capital improvement programs for the parks and recreation facilities of the City. G. Follow the rules and regulations prescribed by the City Council for the conduct of its business. H. Review and make recommendations to the City Council regarding the master plan and guide for parks and recreation facilities. I. Adopt rules and regulations for the governing of their actions, proceedings, and deliberations and set the time and place of their meetings, subject to approval by the City Council. J. Maintain a close and coordinated working relationship with the Coppell Sports Council, the Coppell Recreation Development Corporation and other groups who are involved in the use or development of Parks and Recreation parks, projects or programs since these organizations have areas of overlapping responsibility. K. Advise the Parks and Recreation Director on problems of development of recreational area facilities, programs and improved recreational services. L. Review the effectiveness of the parks and recreation program with the Parks and Recreation Director. ARTICLE VII AMENDMENT SECTION 1: These bylaws may be amended by majority vote of the members of the Board subject to City Council approval. Amended Bylaws of Coppell Parks and Recreation Board - Page 3 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager May 22, 2007 10/C ✔ RESOLUTION Consider approval of a resolution marking the third anniversary of the "Welcome Home a Hero" program at DFW Airport, and authorizing the Mayor to sign. The city of Coppell has participated in this program all three years. Staff recommends approval. !Troops RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, EXTENDING HEARTFELT APPRECIATION AND GRATITUDE TO ALL MEN AND WOMEN IN UNIFORM FOR THEIR SACRIFICE, DEVOTION TO COUNTRY AND COMMITMENT TO DUTY, AND FOR A JOB WELL DONE. WHEREAS, the North Texas Commission, a non-profit consortium of businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions in the North Texas region whose purpose is to enhance and promote the economic vitality and quality of life of the Dallas/Fort Worth Metroplex by providing leadership and acting as the catalyst for regional cooperation; and WHEREAS, on November 2, 2003, the United States Army began its Rest and Recuperation (R&R) program at DFW International Airport to serve the brave men and women who are protecting our country and our freedom; and WHEREAS, in June, 2004, the North Texas Commission and DFW International Airport formalized and organized the “Welcome Home a Hero” volunteer campaign that has grown into one of the largest and most respected ongoing community initiatives in North Texas and the United States; and WHEREAS, the “Welcome Home a Hero” campaign has been served by thousands of committed volunteers from business organizations, churches, chambers of commerce, Boy Scouts and Girl Scouts of America and Veterans of Foreign Wars. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Coppell, Texas, that the City hereby extends heartfelt appreciation and gratitude to all men and women in uniform for their sacrifice, devotion to country and commitment to duty, and for a job well done. AND BE IT FURTHER RESOLVED, that June, 2007 marks the third anniversary of the “Welcome Home a Hero” program and the City Council of the city of Coppell, Texas, recognizes the United States Army’s Personnel Assistance Point at DFW, the thousands of community volunteers, and DFW Airport’s dedicated staff of employees for their commitment to the R&R Program and ensuring it’s continued success until the last soldier comes home. DULY PASSED by the City Council of the city of Coppell, Texas, this ______ day of May 2007. APPROVED: ____________________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________________ Libby Ball, City Secretary APPROVED AS TO FORM: ___________________________ City Attorney WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering May 22, 2007 10/D ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid # Q-0407-01, for Cleaning and Related Services of municipal buildings, to Regent Services in the amount of $121,244.04 as budgeted, for a one-year period beginning June 1, 2007, with renewal options for an additional 4-years; and authorizing the City Manager to sign. On April 10, 2007, thirteen bids were received and opened for Bid # Q-0407-01 (see attached bid tabulation). The lowest qualified bidder is Regent Services with a bid of $121,244.04. Positive responses were received from the references for Regent Services; therefore, staff recommends award of this contract for a one-year period, with renewal options. Funds are budgeted in the Facilities Management Other Professional Services account for this contract. Staff recommends award of the contract for cleaning and related services of municipal buildings to Regent Services in an amount of $121,244.04. #Cleaning Contract TO:Mayor and City Council FROM:Sheri Moino, Facilities Manager DATE: May 22, 2007 RE: Consider approval of awarding Bid # Q-0407-01, for Cleaning and Related Services of municipal buildings, to Regent Services in the amount of $121,244.04 as budgeted, for a one-year period beginning June 1, 2007, with renewal options for an additional 4-years; and authorizing the City Manager to sign. Bid #Q-0407-01 for Cleaning and Related Services to Municipal Buildings is the City’s general cleaning contract for approximately 130,000 square feet of our City facilities. This contract does not include the Fire Stations, Water Facilities, or Concession Stands. Included in the contract scope is general cleaning of City buildings, trash removal, vacuuming, dusting, and floor maintenance. This contract also includes full and part- time Day Porters at the Aquatic Center and the Library, since these locations generate heavy use and more frequent cleaning is required. The contract specifications were changed this year to include the new Fire Training Center, as well as requiring the company to provide all of the essential dispenser products (toilet paper, paper towels, soap, shampoos, etc.). These products have been purchased directly by the City in the past. By including the dispenser products in the contractor’s scope, the City is able to reduce expenditures by approximately $10,000/per year due to bulk rate/wholesale pricing made available directly to the contractor. Staff will be present to answer any questions. From: Leslie Stokes To: Sheri Moino; Vivyon Bowman Date: 4/10/2007 10:45:21 AM Subject: Bid No Q-0407-01 Cleaning and Related Services On Tuesday, April 10, 2007 at 10:00 a.m., Bid No. Q-0407-01 Cleaning and Related Services for Municipal Buildings closed. Thirteen (13) bids were received. Out of those thirteen bids, four of them will not be reviewed. Professional Polish Equipment submitted a no bid, Mr. and Mrs. Clean Janitorial and Members Building Maintenance did not attend the mandatory pre-bid and Hacienda Cleaning Service failed to submit references therefore disqualifying their bid. Attached is unit tabulation report for your review. Have a great day, Leslie CC: Jerod Anderson WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering May 22, 2007 10/E ✔ ORDINANCE Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinance for the City of Coppell to prohibit stopping, standing or parking a vehicle at all times, on both sides of Crestside Drive beginning at a point approximately 430 feet south of its intersection with Wrangler Drive and extending to a point at the west property line of Lot 1, Block A of the PSI Net Addition in the Northlake 635 Business Park; and authorizing the Mayor to sign. Staff has recently received a request, from the Facilities Manager at 1230 Crestside Drive, for 'no parking' signs to be placed in front of their facility. He expressed safety concerns related to trucks and vehicles parking on the street adjacent to their property. Approval of this ordinance will allow signs to be posted prohibiting parking on both sides of Crestside Drive from 430 feet south of Wrangler Drive southward to the west property line of Lot 1, Block A of the PSI Net Addition. Staff will be available to answer any questions at the council meeting. Staff recommends approval of the 'no parking' ordinance to restrict parking on Crestside Drive. #Crestside No Parking Ordinance NORTH 1230 Crestside Dr. SOUTH1230 Crestside Dr. SOUTH 1230 Crestside Dr. 1 INCH = FT. 0 300 300 150 Proposed No Parking, Stopping or Standing. Crestside Drive Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CRESTSIDE NO PARKING Created on: 09 May 2007 by Scott Latta AREA OF PROPOSED NO PARKING AREA OF EXISTING NO PARKING 1 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 SECTION 8- 3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO PARK A VEHICLE ON BOTH SIDES OF CRESTSIDE DRIVE AND AT ALL TIMES, BEGINNING AT A POINT APPROXIMATELY 430 FEET SOUTH OF ITS INTERSECTION WITH WRANGLER DRIVE AND EXTENDING TO A POINT AT THE WEST PROPERTY LINE OF LOT 1, BLOCK A OF THE PSI NET ADDITION IN THE NORTHLAKE 635 BUSINESS PARK IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zones at all times on Crestside Drive, to read as follows: “Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A.NO PARKING ON SPECIFIC STREETS It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following streets: . . . . CRESTSIDE DRIVE at all times on both sides, beginning at a point approximately 430 feet south of its intersection with Wrangler Drive extending to a point at the west property line of Lot 1, Block A of the PSI Net Addition in the Northlake 635 Business Park in its entirety. 2 . . . .” SECTION 2.The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles, with the exception of an official school bus operated by a licensed school bus driver, is prohibited at the locations designated herein. SECTION 3.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. SECTION 4. 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 5. 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 6.That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. 3 SECTION 7.That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering May 22, 2007 10/F ✔ CONTRACT/BID or PROPOSAL Consider approval to enter into a Professional Engineering Services Agreement with Kimley-Horn and Associates, Inc. to provide review services of Floodplain Study submittals, for compliance with City of Coppell ordinances and Federal Emergency Management Agency (FEMA) requirements; and authorizing the City Manager to sign. This agreement is an update to a previous agreement between Kimley-Horn and the City of Coppell for technical reviews of Floodplain Studies, Conditional Letter of Map Revisions and Letter of Map Revisions to ensure compliance with FEMA requirements. Funds for the review of Floodplain studies are provided by the developers. Staff recommends approval of the agreement to provide the review of floodplain studies for development in Coppell. #Kimley Horn Agreement MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:May 22, 2007 REF: Consider approval to enter into a Professional Engineering Services Agreement with Kimley-Horn and Associates, Inc. to provide review services of Floodplain Study submittals, for compliance with City of Coppell ordinances and Federal Emergency Management Agency (FEMA) requirements; and authorizing the City Manager to sign. On July 14, 1998, City Council approved an agreement between the City of Coppell and Kimley- Horn and Associates, Inc. to provide engineering services in the form of review of floodplain studies submitted to the City. The review of floodplain studies is a specialized field in Engineering. In a normal review, there is a review of the original submittal of the flood study for a Conditional Letter of Map Revision (CLOMR) and a follow-up review for the final Letter of Map Revision (LOMR) after the work is complete. The LOMR is what actually removes the property from the floodplain. The City charges a fee to the developer for the review based solely on the fee that Kimley-Horn charges us for their review. Once the study has been reviewed and the necessary changes made to bring it into compliance with city ordinances and FEMA ordinances, it is submitted to FEMA. FEMA also charges a review fee for the flood study. In 1998, the review fee for a CLOMR, which includes the initial review of all floodplain studies, was $2000. At the same time, FEMA's review fee for that study was $3100. Throughout the years, FEMA has adjusted their fees three additional times. However, we have not adjusted our fees because of the fact that we very infrequently receive floodplain studies for review. In 1999, we received four floodplain studies for review and in 2000 we received one floodplain study for review. This is the first floodplain study we have received for review since 2000. It is near Denton Tap and Bethel Road and will require the reclamation of some floodplain areas and the correction of some areas on the existing FEMA map. In conversations with our consultant for the review of floodplain studies, it was noted that the fees from 1998 were no longer applicable. The consultant has submitted a revised fee schedule for the review of the floodplain studies to go from the original 1998 fee of $2000 to a revised fee of $3500. Also, if we require their services for the review of the final LOMR that fee goes from $1000 in 1998 to $2500 in 2007. In about one-half the floodplain studies, I review the studies for the LOMR. Staff recommends approval of the revised Letter of Agreement for Professional Services in regard to review of floodplain studies to Kimley-Horn and Associates, Inc. with the base fee amount of $3500 for review of CLOMR's and $2500 for LOMR's, along with their hourly rates for additional services, if needed. Staff will be available to answer any questions at the council meeting. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING May 22, 2007 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-223-C and S-1114-C, Kimbel Addition, zoning change request from C (Commercial), S-1085-C and S-1114-C to PD-223-C and S-1114-C (Planned Development 223-Commercial and Special Use Permit 1114-Commercial) to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John’s) and a portion of an existing retail structure, totaling 25,245-square-feet, and to allow a reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance, on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard. See attached correspondence dated May 2, 2007, requesting to be rescheduled for the May 22, 2007 City Council meeting. See attached letter from Alen Hinkley dated April 25, 2007, appealing the Planning Commission's decision to Council. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING CHANGE. On April 19, 2007, the Planning Commission voted for denial of this zoning change request (7-0) based on building setbacks, landscaping, monument signs, attached signage and overall aesthetics of this development. Staff recommends denial. @10PD-223-C&s1114-C, KA 1-AR CITY OF COPPELL PLANNING DEPARTMENT Addendum to Case No.: PD-223-C and S-1114-C, Kimbel Addition May 22, 2007 On April 19, 2007, the Planning and Zoning Commission followed staff’s recommendation and denied this request based on the plan not adhering to the minimum requirements for: • Building Setbacks; • Landscaping; • Monument Signs; • Attached Signs; and the • overall aesthetics of this development. On May 1, 2007 the applicant submitted revised Site and Landscape Plans, Monument and Attached Sign exhibits, and Color Elevations for Council’s consideration. The Site and Landscape Plans were revised to include the relocation of the sidewalk along Sandy Lake to accommodate a landscape hedge of Burford Hollies (7 gal) within the 3’ landscape buffer area. All other landscape variances are still being requested as PD conditions. A PD condition was added to the Site Plan by the applicant indicating that the bank site plan “shall be fully approved, except for elevation and signage”. The revised Attached Sign exhibit includes a reduction from the original request of 384 square feet of attached signage to 222.26-square-feet, which is complaint with the size regulations of the Sign Ordinance. These signs are still not compliant with colors in the Sign Ordinance (red versus white/ivory/black or other neutral color), but could be considered as a PD condition. The proposed Multi-Tenant Monument Signs have been revised to be compliant in terms of size (reduced from 63 to 40 feet) external vs. internal illumination, and the individual tenant name plates are now uniform in size, color and font. However, variances are still needed to allow for: a reduction in the setbacks of the signs from the streets and abutting property lines; to allow two signs on one tract (the bank lot); and to permit two off-premise signs. Finally, the additional Color Elevations that were submitted clarified that the façade of the existing building (the portion to be retained and currently occupied by the cleaners) will be painted to match the color brick proposed for the CVS and the new retail building. ITEM # 12 Page 1 of 1 SIGN(S) TO BE MANUFACTUREDTO U.L. SPECIFICATIONS, ANDWILL BEAR THE U.L. LABEL(S).INSTALL IN ACCORDANCE WITHNATIONAL ELECTRICAL CODES.FINAL ELECTRICALCONNECTIONBY CUSTOMERClientSalesEstimatingArtEngineeringLandlordApproval / DateSheet ofAccountRep.DesignerDateDesign #ClientAddressThis drawing is the property of Chandler Signs,L.P.and all rights to its use for reproduction arereserved by Chandler Signs,L.P.3201 Manor Way Dallas,TX 75235214-902-2000 Fax 214-902-204412106 Valliant SanAntonio,TX 78216210-349-3804 Fax 210-349-87242420 Vista Way Ste. 200Oceanside, CA 92054760-967-7003 Fax 760-967-7033750 E. Hwy. 24 - Bldg. 2 Ste. 200Woodland Park, CO 80863719-687-2507 Fax 719-687-2506ChandlerSignsP.O. Box 43123 Louisville, KY 40253502-489-3660 Fax 502-254-3843Revision / Datewww.chandlersigns.comWLF / DHR2/MRG/2-15-07/updatesite planR3/MRG/2-23-07/chg copyon mon A2a & A2dR1/MRG/2-10-07/chg mon.signs/update to new stdsR4/MRG/3-12-07/chgelevattions/chg "B1" &ancillary sz06-1330r7R5/MRG/4-11-07/add sq ftgto elevations/reduce cab sizeof monumentsR6/MRG/5-1-07/redesignmonumentsR7/MRG/5-1-07/rearangecover pageCVS/pharmacy #75342NEC SANDY LAKE & McARTHUR BLVDCOPPELL, TX5/31/061 11FREESTANDING SIGNSSITE MAPTJVNOTE:COLORS AND FINISHES TO MATCH BUILDING -EXTERNAL ILLUMINATIONR4/MRG/3-12-07/chgelevattions/chg "B1" &ancillary szA2aA 2 a A2bA2bBANKSIGNAGE HEREPAPA JOHN'S PIZZATENANT 2TENANT 15'-0 "5'-0 "6"6"2"2"2"2"3'-6"3'-6"8'-0 "8'-0 "6'-0 "6'-0 "A2cA2cA2dA2dTENANTTENANT5'-0 "5'-0 "6"6"2"2"2"2"3'-6"3'-6"8'-0 "8'-0 "6'-0 "6'-0 "NSEW CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-223-C and S-1114-C, Kimbel Addition P&Z HEARING DATE: April 19, 2007, (Postponed on March 15, 2007, prior to consideration, per the applicant’s request) C.C. HEARING DATE: May 8, 2007 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Northeast corner of Sandy Lake Road & MacArthur Blvd. SIZE OF AREA: 2.9 acres of property CURRENT ZONING: C (Commercial) REQUEST: Zoning change to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John’s) and a portion of an existing retail structure, totaling 25,245-square-feet, and to allow a reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance. APPLICANT: Applicant: Alen Hinckley Yorkshire West Realty Advisors, LP, Inc. 12201 Merit Drive, Suite 170 Dallas, TX 75251 (972) 720-9300 FAX: (972) 991-7500 Engineer: Michael Doggett Winkelmann & Associates, Inc 6750 Hillcrest Plaza Drive, Ste. 100 Dallas, TX 75230 (972) 490-7090 FAX: (972) 490-7099 ITEM # 12 Page 1 of 7 HISTORY: In November 1994, Council approved S-1085 to allow for the expansion of Gloria’s Pizza, whose initial restaurant pre-dated the requirement for an SUP. This restaurant has since relocated to another retail center in Coppell, thus allowing for the partial demolition of this retail building. S-1114 for Papa John’s was approved in December 1996. This existing take-out only pizza establishment (with no drive-thru) was constructed soon after the adoption of the CIVIC Report, but prior to the codification of the recommendations for colors and materials of attached signs; however, the design, materials and colors of the building and the monument sign were compliant with those recommendations. TRANSPORTATION: MacArthur Boulevard and Sandy Lake Road are six-lane divided thoroughfares, which are built to standard. SURROUNDING LAND USE & ZONING: North – vacant land and Lakeside Elementary School; MF-2 (Multifamily-2) South– Universal Academy and vacant retail; PD-97-R (Planned Development-97- Retail) East – Landscape Nursery and City water facility; R (Retail) and MF-2 (Multifamily-2) West – Kroger; C (Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for Neighborhood Retail uses. DISCUSSION: The applicant has submitted a revised sign package. The other exhibits have not been revised. The revisions to this staff report are noted as follows: additions are double underlined and deletions are in strikethrough. While the community would benefit economically from the redevelopment of this corner, the fact that this property is in a Primary Image Zone and an important retail intersection, it is not in the best interest of the community to support a development which totally disregards Zoning Ordinance requirements as they relate to minimum building setbacks, landscaping requirements, size and colors of attached signage, location, size and types of monument signs, and a number of other development guidelines. If this plan is approved, as submitted, it would essentially render the enforcement of the regulations of the Zoning Ordinance on future development or redevelopment projects difficult, at best. In short, this plan complies with few requirements of the Zoning Ordinance. The applicant is requesting that these deficits be cured through PD conditions. The amount and severity of variances required per lot and per building are too numerous to detail in this staff report, but they are specified in various tables on the Site and Landscape Plans submitted by the ITEM # 12 Page 2 of 7 applicant, although there are inconsistencies with the data within the tables and what is shown on the Landscape Plan. The following is a detailed analysis of variances (PD Conditions) requested for the CVS lot, which are typical of those requested on the other lots. Following that analysis are summaries of the issues with the other lots. CVS (Lot 10R) - proposed 12,900-square-foot retail store. PD Conditions - variances requested: • Reduction in the side yard setback from 30 to 10 feet. • Providing only 14% of the required landscaping. Specifically, 19,419-square-feet of landscaped area is required, only 2,685- square-feet is being provided, which includes deficits in: o Number, size and location of landscape islands within the parking lot. o Provision of three- and six-foot wide perimeter landscaped buffers adjacent to Sandy Lake and MacArthur (both Primary Image Zones), where 15-foot-wide buffers are required, and no perimeter landscaping is being provided adjacent to internal property lines, where 10-foot-wide buffers are required. o No landscape screening hedge being provided adjacent to the parking spaces along Sandy Lake Road. o Only 60-square-feet of the required 4,851-square-feet of non- vehicular landscaping being provided. • Proposed Attached Signage exceeds maximum permitted: o Front elevation – 90-square-feet of signage allowed – 159- 110.34 square-feet being requested - 76%l larger than permitted. o Side Elevation – 135-square-feet permitted – 183-112 square-feet being requested - 35% larger than permitted. o There will be 222.34 square-feet of attached signs (225 square feet of signage is permitted based on the building frontage), and an o Additional 41.38-square-feet of signage shown on the canopy over the drive-through. Not including the visible sign behind the glass over the front door, there is a total 384- square-feet of signage proposed for this retail building. Under the Sign Ordinance, that amount of signage would only be permitted on a building in the Light Industrial district, whose height exceeds 200 feet. o Proposed signage is not compliant with colors regulated in the Sign Ordinance (red versus white/ivory/black or other neutral color), but could be approved as a PD Condition if deemed appropriate. • Proposed Monument Sign 1 , not permitted by Sign Ordinance due to: o 8’ setback provided while 15’ is required. 1 These conditions apply to all four monument signs being requested. Further, the bank lot is requesting two signs, where only one sign would be permitted. ITEM # 12 Page 3 of 7 o 63-square-foot sign requested and a maximum 40-square-foot sign permitted. o Individual tenant name plates for multi-tenant signs must be of uniform size, color and font. The sign elevation indicates a variety of sizes, colors and fonts. o Internally illuminated monument signs, as requested, are strictly prohibited by the Sign Ordinance. (monument signs have been revised to be externally lit) o The off-premise nature of this sign is also prohibited. • Elevations While the elevations of the building, specifically, the color of brick field (main) brick versus the accent brick have improved since the initial submission, it still appears not to be compliant with the following regulation in the Zoning Ordinance: Exterior wall surfaces should consist of no more than three colors -- a base color, and/or a trim color, and/or an accent color… 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 façade… It appears that the accent color accounts for more than the 5% of the façade. To be more architecturally compatible with similar developments in Coppell, if the lighter brick is replaced with a darker brick then white/ivory attached signs, which are compliant with the Sign Ordinance, would be more visible. Papa John Pizza (Lot 9R) This existing restaurant is proposed to be retained. However, as part of this PD, a drive-thru is requested to be added along the south side of the building and the southern driveway onto MacArthur relocated, eliminating most, if not all, of the landscaping that currently exists in front of the building. The existing Papa John’s monument sign, which currently complies with the Sign Ordinance, will be replaced by a 64-square-foot, internally lit, multi- tenant, off-premise sign (on the bank lot), as described above. Existing Retail Building (Lot 12R) The applicant intends to demolish approximately 1,600-square-feet of the existing concrete block and metal building and add a drive-thru lane adjacent to the east side of the building. There is matured landscaping along Sandy Lake Road and adjacent to the east property line. Per this plan, approximately half of the landscaping along Sandy Lake Road will be lost due to the relocation of the existing driveway and ALL of the landscaping along the east side of the building will be destroyed to add this 10-foot-wide drive-thru lane between the existing building and the retaining wall. The functionality of this new drive-thru lane is also questionable. New Retail/Medical Building (Lot 14R) This is proposed to be a 3,033-square-foot retail/medical building with 19 parking spaces. To support this size of building, side and rear yards have ITEM # 12 Page 4 of 7 been reduced to 10 feet (from 30’ and 20’, respectively), parking space depth to 17 feet and only 38% of the required landscaping is being provided. Proposed Bank (Lot 8R) The Site Plan for the 4,200-square-foot bank with five drive-thru lanes includes: a reduction in both front and rear yard setbacks; parking spaces depth reduced to 16.5 feet, where 17’ is the minimum, severe deficiencies in landscaping, and two illegal monument signs. The drive-thru facilities are planned to be adjacent and parallel to MacArthur Boulevard, which is also not acceptable. Drive-thru facilities need to be sited so that visibility is obscured from Primary Image Zones (MacArthur Boulevard). The configuration of the bank Site Plan is inconsistent with banks approved in Coppell. No elevations have been submitted for this bank; therefore, it could not be approved as a Detail Plan. OVERALL PLAN COMMENTS • Staff is concerned with the potential conflicts, safety and functionality of the area where the proposed drive-thru for Papa John’s, the double dumpster, CVS’s double drive-thru for the pharmacy, and the loading dock all converge. • Standard parking spaces are required to be 19’ in depth, but can be reduced to 17’ if 2’ additional width in landscaping is provided adjacent to the perimeter buffer area. None of the parking spaces comply with these minimum requirements. • Sanitary Sewer easement between Lots 10R and 12R is indicated on the Plat to be 20-foot wide and on the Site Plan to be 15-foot wide. • None of the fire lanes meet the radii requirements. making fire apparatus access very difficult. There are concessions being made by the developer that help offset fire and life safety issues, however, the fire lanes are not compliant with the code which will allow for adequate fire protection. • It must be noted that if this property were one lot, some of the site planning/landscaping issues could addressed, however: o the amount of landscaped areas being provided is still approximately 1/3 of what would be required (40,046 square feet required, 27,396 square feet provided, calculated with perimeter landscaping only being required adjacent to streets), however the tree count exceeds the minimum required by 17; and o Only one monument sign would be permitted. While staff would like the opportunity to be fully supportive of a redevelopment plan for this very important intersection in our community, this PD request disregards most of the development standards as codified in the Zoning Ordinance for landscaping, setbacks, signage. There has been ITEM # 12 Page 5 of 7 no apparent attempt to balance the deficits in the request with additional amenities (i.e., additional landscape materials, controlled signage, etc.). The applicant is simply over-building the site. Understanding that as our community matures, redevelopment, both residential and non-residential, some concessions may need to be made to support the economic health. However, any benefit from the granting of this request would be obscured by the disregard for the community standards and the ordinances in the City of Coppell. This would be the new standard that future proposals would refer to when referencing development guidelines. Attached to this staff report is a memo from Jim Witt, City Manager, to Gary Sieb, Director of Planning, dated April 12, 2007 concerning this proposed development. In that memo (which the manager states is unique), he explains the dilemma we face when dealing with vacant structures, potential redevelopment which will eliminate the eyesore, yet at a price which reflects a disregard for our development guidelines. As he points out, the City has made a concerted effort to resolve our concerns with this case, conducting several meetings with the applicant, to no avail. He goes on to say that the Council has discussed the issue in general terms and feels this project warrants serious consideration as submitted. The bottom line: should we ignore regulations that have been long term development standards for a project that eliminates an eyesore within the community? On one hand, development here over the last 20 years or so has adhered to the Zoning requirements and we have the city we have today. Existing developments have followed those guidelines. On the other hand, the question remains: is this project important enough to ignore those standards in the quest for redevelopment? In a perfect world, the developer should abide by the rules as we have stated in our staff recommendation. As we all know, this is not a perfect world, and the question to be addressed is to what extent to we ignore our guidelines for the sake of development. That is a question the Commission must answer. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of PD-223-C and S-1114-C, Kimbel Addition, due to the plan’s disregard for even the minimum requirements for: • Building Setbacks; • Landscaping; • Monument Signs; • Attached Signs; • Fire lane radii, and • Overall aesthetics of this development. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ITEM # 12 Page 6 of 7 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Memo from Jim Witt to Gary Sieb, dated April 12, 2007 2) Site Plan 3) Landscape Plan 4) Landscape Data Tables 5) Tree Survey and Mitigation Plan 6) Elevation of Existing Retail Building a portion of which to be retained ( 2 pages) 7) Elevation and Floor Plan of new retail building 8) Signage Package (3 pages) Revised Sign Package (2 pages) 9) Color Elevation of CVS ITEM # 12 Page 7 of 7 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering May 22, 2007 12 ✔ CONTRACT/BID or PROPOSAL Consider approval to rescind the previously awarded Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Ken-Do Contracting and to award Bid # Q 0507-01 for the rebid of the annual Reinforced Concrete Paving Repair Project to Laughley Bridge and Construction, Inc. in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. Approval of this project will allow repairs to begin on the citizen generated street and alley repair lists. Staff will be available to answer any questions at the council meeting. Funds are budgeted in the Infrastructure Maintenance Fund for this contract. Staff recommends approval of the award of the bid to Laughley Bridge and Construction, Inc. in an amount of $300,000 for the annual Street and Alley Repair Project. #Annual Street Repair Project MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:May 22, 2007 REF: Consider approval to rescind the previously awarded Bid #Q-1106-04 for the annual Reinforced Concrete Paving Repair Project to Ken-Do Contacting L.P. and to award Bid # Q-0507-01 for the rebid of the annual Reinforced Concrete Paving Repair Project to Laughley Bridge and Construction, Inc. in an amount of $300,000, as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. On December 19, 2006, the City of Coppell received and opened 7 bids for our yearly street and alley repair program. The contract for this project has a clause to extend the contract for up to four additional one-year periods. Our street and alley repair program for 2007 consists of approximately 4,000 square yards of street repair, at over 50 locations and approximately 2,500 square yards of alley repair at over 60 locations. Also, it includes the removal and replacement of approximately 100 linear feet of curbs at 10 locations. On January 23, 2007, the City of Coppell awarded the bid for street repair to Goteck Enterprises, who was the low bidder. Representatives of Goteck Enterprises notified the Purchasing Department that they were unable to bond up to $300,000. Therefore, on February 27, 2007 an agenda item was presented to rescind the previously awarded bid to Goteck Enterprises and to award the bid to the second low bidder, Ken-Do Contracting, L.P. Ken-Do Contracting attempted to renegotiate their bid prices and was non-responsive when contacted by the Purchasing Department; therefore, the project was rebid and on May 1, 2007 five bids were received and opened. This agenda item is being presented to rescind the previously awarded bid to Ken-Do Contracting and to award the rebid of the Reinforced Concrete Paving Repair Project to the low bidder, Laughley Bridge Construction Inc. We allocate $300,000 per year in the Infrastructure Maintenance Fund for street and alley repairs and based on the current requests that we have, the Ken-Do Contracting bid totaled $382,580.00. Work up to $300,000 will be completed based on priority and the date the request was received. The remaining repairs will become part of the FY 07/08 Concrete Replacement Program. Ken-Do Contracting L.P. has not previously worked in the City of Coppell; however, their references for completed projects in DeSoto, Benbrook and Fort Worth were very good. All three cities stated that they had no issues, Laughley Construction was very responsive and work was completed on time. The Engineering Department recommends awarding the FY 06/07 Street and Alley Replacement Project to Laughley Bridge Construction, Inc. in an amount of $300,000, as budgeted in the Infrastructure Maintenance Fund. Staff will be available to answer any questions at the council meeting. BID TABULATION: REINFORCED CONCRETE PAVEMENT REPAIRS FY 06/07 BID #Q-0507-01Page 1 of 1Item Quantity UnitDescriptionLAUGHLEY ESTRADA PAVEMENTSERVICESKEN-DOI-1BaseBid3983 SY Remove/Replace StreetFailures$58.00 $ 231,014.00 $58.50 $ 233,005.50 $62.14 $ 247,503.62 $64.50 $ 256,903.50I-2 994 SY Add Thickness/ Per Inch $5.00 $ 4,970.00 $2.00 $ 1,988.00 $6.84 $ 6,798.96 $4.00 $ 3,976.00II-1 2474 SY Remove/Replace AlleyFailures$58.00 $ 143,492.00 $60.75 $ 150,295.50 $61.86 $ 153,041.64 $60.00 $ 148,440.00III-1 97 LF Remove/Replace Curb &Gutter Failures$32.00 $ 3,104.00 $27.00 $2,619.00 $32.97 $3,198.09 $47.00 $ 4,559.00Completion prior to September 30, 2007$382,580.00$387,908.00 $410,542.31 $413,878.50Item Quantity UnitDescriptionADVANCEDPAVINGI-1BaseBid3983 SY Remove/Replace StreetFailures$85.32 $339,829.56I-2 994 SY Add Thickness/ Per Inch $5.00 $ 4,970.00II-1 2474 SY Remove/Replace AlleyFailures$85.32 $211,081.68III-1 97 LF Remove/Replace Curb &Gutter Failures$25.00 $2,425.00Completion prior to September 30, 2007 $558,306.24 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager May 22, 2007 13 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Interlocal Agreement between the city of Irving and the city of Coppell for mutual interest in communications consultancy services for the benefits of the citizens in their respective municipalities, and the greater Dallas community, and authorizing the Mayor to sign. Interlocal Agreement related to North Lake development. Staff recommends approval. !Interlocal PAGE 1 Interlocal Agreement Between the City of Irving, Texas, and the City of Coppell, Texas This Interlocal Agreement (“Agreement”) is made and entered into by and between the municipalities of Irving, Texas in Dallas County, and Coppell, Texas, Dallas County (hereinafter referred to as Municipality individually or Municipalities when referring to both cities) for the mutual interest in communications consultancy services for the benefits of the citizens in their respective municipalities, and the greater Dallas community. WHEREAS, each Municipality is a duly organized political subdivision of the State of Texas engaged in the administration of municipal government and related services for the benefit of the citizens; and WHEREAS, Chapter 791 of the Texas Government Code authorizes Municipalities to contract with each other to the greatest extent possible to perform government functions and services; and WHEREAS, Section 271.102 of the Local Government Code permits a Municipality to participate in cooperative purchasing programs with other municipalities; and WHEREAS, the Municipalities hereby desire to jointly provide the services stated above; and WHEREAS, this Agreement relates to the provision of governmental functions and services that each Municipality is authorized to perform individually; and WHEREAS, the governing body of each Municipality has authorized the execution of this Agreement; and WHEREAS, the governing bodies find that the performance of this agreement is in the common public interest of both parties, and that the payments provided by each party fairly compensate said communications consultancy services for the services or functions performed on behalf of the Municipalities; and WHEREAS, the Municipalities agree to comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. NOW, THEREFORE, this Agreement is made and entered into by the MUNICIPALITIES as permitted by law. I. The term of this agreement shall begin upon latest execution date of the agreement by the MUNICIPALITIES and shall continue for a period of one (1) year. Provided, however, that the PAGE 2 term of this Agreement shall thereafter be automatically renewed from year to year until completion of the services, unless terminated earlier by either of the parties. II. For the purposes and consideration herein stated and contemplated, the MUNICIPALITIES shall jointly obtain communications consultancy services through the engagement of a consultant or firm both competent and qualified in the provision of the services. III. Each Municipality shall designate the City Manager, or his or her designee, of each MUNICIPALITY to act on behalf of the Municipality in all matters relating to this Agreement, including its execution. The City Manager of each Municipality, or his or her designee, shall be authorized to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated. Each City Manager or designee shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY, and shall be responsible for any consultant’s compliance with provisions relating to the quality of items and terms of delivery, in full compliance with the terms and conditions of this Agreement. IV. Each MUNICIPALITY will share equally in paying the actual costs of the agreed-upon services during the term of the Agreement in an amount not-to-exceed Eighty-Seven Thousand and no/100 Dollars ($87,500.00) each, for a total not-to-exceed amount One Hundred-Seventy- Five Thousand and no/100 Dollars ($175,000.00). Each Municipality paying for the performance of governmental functions or services under this Agreement must make these payments from current revenues available to it. V. The MUNICIPALITIES shall share, through their respective City Managers or designees, editorial control over all promotional material, scripts, mail copy, website copy, or other statements that may be attributable to them with respect to the services obtained under this Agreement, and agree that no such materials, scripts, mail copy, website copy, or other statements shall be disseminated to the public without their mutual written authorization. VI. Any Municipality may terminate this Agreement at any time, by giving sixty (60) days advance written notice to the other Municipality. Notice shall be sufficient if delivered by hand or via certified mail to the City Manager or designee of the Municipality receiving such notice. PAGE 3 VII. This Agreement represents the entire and integrated agreement between the Municipalities and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of each MUNICIPALITY. VIII. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. IX. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. The Municipalities agree that each Municipality will be independently responsible for any liability or damages that Municipality may suffer as a result of claims, demands, costs or judgments, including reasonable attorney fees, against it, including workers compensation claims, arising out of the performance of this Agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of the Agreement and caused by the sole negligence of that Municipality, its agents, officers and/or employees. The Municipalities further agree that any liability or damages as stated above occurring during the performance of this Agreement caused by the joint or comparative negligence of them, their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Texas. XI. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary ordinances or resolutions extending said authority have been duly passed and are now in full force and effect. XII. The recitals to this Agreement are contractual in nature, and are incorporated by reference herein for all purposes. PAGE 4 Executed in duplicate originals by the authorized representatives. CITY OF COPPELL, TEXAS CITY OF IRVING, TEXAS By: _______________________________ By: _______________________________ Name: DOUGLAS N. STOVER Name: HERBERT A. GEARS Title: Mayor Title: Mayor Pursuant to Minutes Resolution # 5-24-07- Dated May 22, 2007 Dated May 24, 2007 ATTESTED: ATTESTED: By: ______________________________ By: ______________________________ Libby Ball, City Secretary Janice Carroll, City Secretary, TRMC APPROVED AS TO FORM: APPROVED AS TO FORM: __________________________________ __________________________________ Robert E. Hager, City Attorney Charles R. Anderson, Acting City Attorney WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager May 8, 2007 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of a Letter of Intent for a funeral home provider for a proposed municipal cemetery and authorizing the City Manager to sign. Staff recommends approval. Staff recommends approval. !FuneralHome May 4, 2007 Mr. Jim Witt City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 RE: FUNERAL HOME SITE LESSEES’ COMPARISON Dear Mr. Witt: On behalf of the City of Coppell, we solicited proposals from six (6) pre-qualified funeral service firms to lease the corner of Ruby and Freeport to develop, at their expense, a funeral home to be collocated on the grounds of the City Cemetery. We believe this will allow for the proper location of a funeral home to serve the residents of the City and substantially reduce the capital costs of developing the municipal cemetery. Of the six firms, four declined to propose for various reasons internal to each firm. We received two proposals. The first is from Homestead Funeral Homes, LLC of Grand Prairie, Texas. The second is from Stewart Enterprises, Inc. Economic Strength of Firms Homestead Funeral Homes, LLC operates one funeral home in Grand Prairie, Texas. The company has a sister firm, Aria Cremation Service. The Grand Prairie location has been open sixty days. Aria is three (3) years old. Aria is building two new locations to bring its total to three (3). The owners, Harold and Gill Giddens, provided a letter of interest to finance the Coppell Project from Palm Beach Links Capital, Inc. The letter is a part of the records on the search. Stewart Enterprises (STEI) is a publicly traded funeral service company headquartered in New Orleans. It was founded in 1910 and went public in 1991. The company has along-standing presence in the Dallas marketplace with, notably, Restland Memorial Park, Dallas; Laurel Land, Dallas; Laurel Land, Fort Worth; and Bluebonnet Hills Memorial Park in Colleyville. The firm provides over 6,000 services annually at its Dallas area firms. Stewart would fund the Coppell Project without debt with cash held by the company. Mr. Jim Witt Page 2 May 4, 2007 Expenses, Market Knowledge Both firms’ management have a depth of experience in the funeral and cemetery operations and an excellent working knowledge of the Coppell area. However, Stewart operates funeral businesses in both Grapevine and Carrollton in addition to the large locations sited above. As the second largest company in the funeral and cemetery industry, Stewart has a depth of employees, equipment and facilities to call upon in serving the Coppell residents. Compliance with the Conditions of the Proposal Both firms substantially complied with all the conditions suggested in the Request for Proposal. Both firms: 1. Will pay for funeral home design knowing the City may not proceed with the cemetery; 2. Are offering a triple net lease; 3. Are prepared to pay all the development costs for the facility and prorated costs for signage and the entry; 4. Will lease back the cemetery office space for a nominal annual rent; 5. Acknowledge the facility will be “first class” and will be subject to regular City approvals and codes. Proposed Fees to the City The rent will be a Fixed Rent paid monthly and a Revenue Rent as a percentage of defined revenues, whichever is greater. Rent Proposals: Homestead Stewart Fixed Rent $60,000 $50,000 Revenue Rent 6.0% 6.0% Recommendation We recommend the City select and enter into a Letter of Intent with Stewart Enterprises, Inc. Our recommendation is based upon Stewart’s depth of experience, quality of management and financial resources. Secondly, Stewart 2 Mr. Jim Witt Page 3 May 4, 2007 has similar lease/develop/operate agreements with other organizations, notably the Roman Catholic Archdiocese of Los Angeles. This gives us a track record of the manageability of such a relationship and Stewart receives high marks for the quality of its facilities and client services. Attached to this letter is a draft Letter of Intent acceptable to Stewart as a reference. Please advise us if you wish more information or if you have questions or concerns. Thank you. Respectfully submitted, Lawrence F. Sloane President LFS:mmb Attachment 3 Revised Draft Letter of Intent – April 5, 2007 COPPELL FUNERAL HOME PROVIDER LETTER OF INTENT !. Stewart Enterprises, Inc., or an affiliate thereof, hereinafter called the “Funeral Firm” would lease 2.5± acres of real property from the City of Coppell, hereinafter called “City”, within the new city cemetery to be built on Freeport Parkway at Ruby Avenue to develop a full service funeral home and crematory. The site is identified in the Master Plan prepared by J. Stuart Todd, Inc., Architects. 2. The Base Lease Term would be thirty (30) years commencing from the time it receives a certificate of occupancy and opens the funeral home and have one thirty (30) year option. 3. The Base Rent throughout the Base Lease Term would be $50,000 per year. 4. The Ground Lease would be a triple-net lease, i. e. the Funeral Firm would be responsible for all taxes, insurance and an agreed upon prorated amount for the common area maintenance. The Funeral Firm would be responsible for the maintenance and repair of all improvements to the structure, parking, etc., within the lease premises including, but not limited to, buildings, accessory structures and landscaping. 5. Revenue Rent would be computed on an amount equal to six percent (6%) of gross revenues net of cash advances versus the Base Rent. 6. The Funeral Firm would be responsible for all costs relating to the design and development of the “first class” traditional funeral home and crematory, including all governmental approvals, licenses, etc. which the City will assist the Funeral Firm in securing. The Funeral Firm anticipates it will engage J. Stuart Todd, Inc., Architects to design the funeral home. 7. The Funeral Firm would provide reasonable and suitable office space for the management of the cemetery in the funeral home building. The charge to the City would be a nominal amount per year for space to be determined. Furniture, fixtures and equipment shall be the responsibility of the City or its designee. 8. The Funeral Firm would be responsible for all occupation licenses and permits, utility charges and applicable ad valorem and personal property taxes on the leased premises and its contents. 9. The Funeral Firm would provide the City appropriate building design review and approval provisions, which approval the City shall not unreasonably withhold. 10. During the design phase of the cemetery and funeral home which, it is suggested, should occur simultaneously, the City and the Funeral Firm would agree on co-signage and entry features and the City and the Funeral Firm would share in same on a formula equitable to all parties. 11. The non-binding Letter of Intent will be subject to: a) City approval of the Cemetery Project; b) Zoning and permitting for both the Cemetery and Funeral Home; c) City financing for the project being in place; d) Funeral Firm’s satisfactory completion of due diligence, and e) Funeral Firm’s Board of Directors’ approval. 12. The letter would be governed by the laws of Texas and the venue for any proceeding shall be in Dallas County, Texas. 13. The parties would agree that the other party is not liable for any cost incurred by the City to date nor will the City be liable for the costs incurred by the Funeral Firm if the project is abandoned. 14. If the parties do not consummate a lease/development agreement on or before August 31, 2007, then the terms of this letter shall expire unless extended by mutual agreement. 15. The parties would commit to entering into an appropriate lease/development agreement to reflect the terms of this Letter of Intent subject to City approval and the conditions expressed in Paragraph 11 above. Stewart Enterprises, Inc. City of Coppell By: _________________________ By: __________________________ Title: _________________________ Title: __________________________ WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 22, 2007 15 ✔ PROCEDURAL Consider appointments to Council Committees. New appointments are made to the Council Committees on an annual basis. Appoint Councilmembers to serve on various committees. %commappt Rev 5/16/2007 COUNCIL’S COMMITTEES CARROLLTON/FARMERS BRANCH ISD/LEWISVILLE ISD Council: Councilmember Tunnell Appointed: 06/13/06 CITY/COPPELL ISD LIAISONS Council: Mayor Pro Tem Faught Appointed: 06/13/06 Council: Councilmember York Appointed: 06/13/06 CISD: Dr. Mike Arthur Appointed: 08/29/05 COPPELL SENIORS Council: Mayor Pro Tem Faught Councilmember Brancheau Appointed: 06/13/06 Appointed: 06/13/06 DALLAS REGIONAL MOBILITY COALITION Council: Councilmember Peters Appointed: 06/13/06 ECONOMIC DEVELOPMENT COMMITTEE Council: Councilmember Peters Appointed: 06/13/06 Councilmember Franklin Appointed: 06/13/06 METROCREST HOSPITAL AUTHORITY Council: Councilmember Tunnell Appointed: 06/13/06 METROCREST MEDICAL FOUNDATION Council: Councilmember Hinojosa-Flores Appointed: 06/13/06 METROCREST MEDICAL SERVICES Council: Councilmember Hinojosa-Flores Appointed: 06/13/06 METROCREST SOCIAL SERVICE CENTER Council: Councilmember York Appointed: 06/13/06 Rev 5/16/2007 NCTCOG (NORTH TEXAS COUNCIL OF GOVERNMENTS) (Appointed by City Council - annual basis) Council: Councilmember Peters Appointed: 06/13/06 NCTCOG (NORTH TEXAS COUNCIL OF GOVERNMENTS) – REGIONAL EMERGENCY MANAGEMENT PLANNING COUNCIL Council: Councilmember Franklin Appointed: 06/13/06 2-year appointment NORTH TEXAS COMMISSION Council: Councilmember Brancheau Appointed: 06/13/06 SENIOR ADULT SERVICES Council: Mayor Pro Tem Faught Appointed: 06/13/06 DATE: May 22, 2007 ITEM #: 16 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. FY07 Goals and Objectives. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork 06-07 Council GoalsRevised 5/10/07123456789101112131415161718192021222324ABCDEWork Plan Element Responsibility StatusOCTOBER 06City Services/SatisfactionConduct a scientifically valid citizen opinion survey regarding the required revisions to the Parks, Recreation & Open Space Master PlanParks CompleteCity Services/SatisfactionMake recommendations to Council regarding how to have the most favorable impact in the state and federal legislative processCMO CompleteDECEMBER 06Neighborhood IntegrityExpand use of electronic newsletter designed specifically to communicate notices quarterly concerning issues and incidents impacting specific HOA’sCMO CompleteSafe CommunityProvide quarterly report to City Council regarding use and location of Traffic Speed Trailer and Directed Patrol effortsPolice CompleteSafe CommunityEnter into an agreement with the vendor of choice to implement the first phase of our red light camera programEng CompleteJANUARY 07City Services/SatisfactionConduct a scientifically valid survey of citizens designed to measure the overall opinions of citizens regarding various aspects of municipal operations and general direction of the cityCMO CompleteSense of CommunityRe-assess the feasibility of ownership and operation of a municipal cemetery and present recommendations to CouncilCMO CompleteFEBRUARY 07Economic Dev Host Retail Summit with the Economic Development Committee CMO, Planning WIP 5/18Economic DevMake recommendations regarding changes to the current incentives offered to prospective development partnersCMO, Eco Dev Committeepassed EDCFiscal Stability Provide review of outstanding debt and make recommendations re: refundable or callable debt Finance CompleteQuality Facilities Begin the Town Center Commons construction Eng, Parks CompleteMARCH 07Economic DevConduct meetings with large tract property owners to enhance the likelihood of development of the parcels with desired usesCMO CompleteFiscal Stability Present the update to the 5-Year Plan including expanded trend analysis section Finance CompleteFiscal StabilityPresent to Council recommendations for the possible conversion of the CEDC sales tax for street maintenance and crime district usesCMO, Finance CompleteQuality Facilities Present the annual update of the Infrastructure Maintenance Fund Plan CMO, Finance CompleteQuality FacilitiesUpdate the Park & Recreation Master Plan Project Priority List and present to the Council for the purpose of identifying improvements to be included in the FY’08 budgetParks CompleteQuality Facilities Develop a list of possible uses for the 4B ½-cent sales tax funds for park maintenance purposes Parks CompleteSafe CommunityProvide quarterly report to City Council regarding use and location of Traffic Speed Trailer and Directed Patrol effortsPolice CompleteCouncil GoalPage 1 of 4 06-07 Council GoalsRevised 5/10/071ABCDEWork Plan Element Responsibility StatusCouncil Goal2526272829303132333435363738394041424344APRIL 07City Services/SatisfactionUse dept specific surveys measuring customer satisfaction of citizens having direct contact with staff and experience with service delivery and provide qtrly reports to the City CouncilAll CompleteCity Services/SatisfactionConduct online citizen satisfaction survey to measure citizens opinions regarding service delivery and other specific issuesISEconomic DevPresent a master plan revision for Old Town to include all Council directed changes and needed street/parking changesPlanningNeighborhood IntegrityExpand use of electronic newsletter designed specifically to communicate notices quarterly concerning issues and incidents impacting specific HOA’sCMOSafe CommunityProvide quarterly report to City Council regarding use and location of Traffic Speed Trailer and Directed Patrol effortsPoliceSafe CommunityDevelop and disseminate information to the community regarding the Code Red system on a quarterly basisFireAUGUST 07Neighborhood IntegrityPresent HOA common area maintenance plan which communicates needed repairs to respective HOA'sFire, PlanningCity Services/SatisfactionUse dept specific surveys measuring customer satisfaction of citizens having direct contact with staff and experience with service delivery and provide qtrly reports to the City CouncilAllSEPTEMBER 07Neighborhood IntegrityExpand use of electronic newsletter designed specifically to communicate notices quarterly concerning issues and incidents impacting specific HOA’sCMOQuality Facilities Begin the Senior/Community Center construction / Grapevine Springs restroom facility Eng, ParksQuality Facilities Completion of the Police/Fire remodel projects Eng, Police, FireSafe CommunityProvide quarterly report to City Council regarding use and location of Traffic Speed Trailer and Directed Patrol effortsPoliceSafe CommunityDevelop and disseminate information to the community regarding the Code Red system on a quarterly basisFireCity Services/Satisfaction Complete the recommended revisions to the Code of Ordinances AllOCTOBER 07Sense of CommunityCreate an annual “Celebration in the Park” event providing an evening of music and celebration to recognize volunteer efforts and the successes of the communityParksJUNE 07Page 2 of 4 06-07 Council GoalsRevised 5/10/071ABCDEWork Plan Element Responsibility StatusCouncil Goal4546474849505152535455565758596061626364ON GOING EFFORTSEconomic Dev Periodic "Hot Spot" development activity updates to council CMOApr 07 - Sep 07Economic DevReview and direct proposed development and concept plans for the Leslie tract and work with the developer to facilitate desired development of the parcel.CMO CompleteEconomic Dev Make recommendations regarding uses for, or the sale of, or the acquisition of City owned property CMOEconomic DevContinue to meet with DFW Airport and development community concerning the possible development of airport owned property within CoppellCMONeighborhood IntegrityContinue Neighborhood Integrity Communication Program to communicate methods to maintain quality standards regarding private propertyFireNeighborhood Integrity Continue to monitor the master plan and zoning to ensure both are updated as needed PlanningNeighborhood IntegrityMaintain proactive communications with Homeowner Association officers on a regular basis and host quarterly meetings to ensure information and issues are discussedCMOFiscal StabilityContinue use of the program/policy financial impact form regarding Council and Citizen initiated projects, programs and services not included in the current budget or capital improvement program requiring an analysis of immediate and long-term operational and maintenance requirements related to the proposed program, service or projectFinanceFiscal StabilityContinue to monitor legislative threats to municipal revenues and spending limits like the Streamlined Sales Tax (SST) initiative, Tax/Revenue caps and/or expenditure limitsFinanceFiscal StabilityProvide any necessary contingency planning to prepare for negative financial impacts of damaging legislation or economic turndownFinanceFiscal Stability Provide ongoing analysis of the conversion of the CRDC sales tax for park maintenance Finance, Parks CompleteFiscal StabilityContinue to proactively protect the community from the negative impacts associated with development adjacent to our municipal boundariesFinanceQuality Facilities Continue the annual street/alley/sidewalk repair program EngSafe Community Provide continuing education opportunities for existing Citizen Emergency Response Teams (CERT) FireSafe CommunityUtilize HOA’s to educate the public and provide information regarding emergency incidents in the community and how neighborhoods can better prepare for emergenciesCMOSafe CommunityMaintain information for the City’s website designed to assist citizens in making preparations to deal with an emergency or disasterAllSafe CommunityContinue, and expand where needed, the many public safety education classes offered through the Police and Fire Departments including, but not limited to, Self-Defense for Women, CPR, First Aid, and othersPolice, FireSafe CommunityDevelop and disseminate information to the community regarding the Code Red system on a quarterly basisFireSense of CommunityContinue to work with the YMCA, CISD, Park & Recreation Board, and other community groups to evaluate and assist in delivering programming for teen in the communityParksPage 3 of 4 06-07 Council GoalsRevised 5/10/071ABCDEWork Plan Element Responsibility StatusCouncil Goal65666768Sense of CommunityFacilitate the Mayor and Council’s three Town Hall forums per year providing topical information on important matters of the day and providing the opportunity for questions from citizensCMOSense of CommunityContinue and refine Library services designed to meet the needs of school age children in the communityLibraryCity Services/SatisfactionUse department specific surveys measuring customer satisfaction of citizens that have had direct contact with staff and personal experience with service delivery and provide quarterly reports to the City CouncilAllCity Services/SatisfactionUse department specific surveys measuring customer satisfaction of citizens that have had direct contact with staff and personal experience with service delivery and provide quarterly reports to the City CouncilAllPage 4 of 4 DATE: May 22, 2007 ITEM #: 17 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Video on Susan G. Koman North Texas Race for the Cure. B. Report by Mayor Stover regarding Project Graduation May 29th. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: May 22, 2007 ITEM #: 18 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Mayor Pro Tem Faught and Councilmembeer York. C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee – Councilmembers Peters and Franklin. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H. Metrocrest Medical Services – Councilmember Hinojosa-Flores. I. Metrocrest Social Service Center – Councilmember York. J. North Texas Council of Governments - Councilmember Peters. K. NTCOG/Regional Emergency Management – Councilmember Franklin. L. North Texas Commission - Councilmember Brancheau. M. Senior Adult Services – Mayor Pro Tem Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: May 22, 2007 ITEM #: 19 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: May 22, 2007 ITEM #: 20 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: May 22, 2007 Department Submissions: Item Nos. 10/D, 10/E, 10/F and 12 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. 11 was placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)