CP 2007-08-28
NOTICE OF CITY COUNCIL MEETING AND AGENDA
AUGUST 28, 2007
DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:45 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, August 28, 2007, at 5:45 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3; 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. Discussion regarding NW corner of Bethel Road and Denton
Tap.
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 regarding the Wayfinder Signage.
B. Discussion regarding Sales Tax Election.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Report by Library Board.
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ITEM # ITEM DESCRIPTION
8. Presentation of the Coppell Police Department Narcotics and Alcohol
Enforcement Report for the first half of 2007.
9. Citizens' Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 14, 2007.
B. Consider approval of the annual review of the written Investment
Policy of the City of Coppell as provided by the Public Funds
Investment Act, Chapter 2256, Texas Government Code.
C. Consider approval of a Resolution creating a procedure to hold
hearings for appeals of proportionality of Municipal Infrastructure
Cost; and authorizing the Mayor to sign.
END OF CONSENT
11. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of three hundred
(300') feet to Cool Bamboo 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 171 N. Denton Tap, Suite 100;
and authorizing the Mayor to sign.
12. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of ninety (90') feet
to Cafe Portobello 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 110 West Sandy Lake Road, #112; and
authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
13. PUBLIC HEARING:
To receive public comment concerning the Proposed 2007-2008
Municipal Budget.
14. PUBLIC HEARING:
To receive public comment concerning the proposed 2007-2008 tax rate
of 0.64146.
15. Consider approval of an Ordinance of the City of Coppell, Texas,
approving an amendment to Ordinance No. 2006-1135, the budget for
Fiscal Year October 1, 2006 through September 30, 2007, and authorizing
the Mayor to sign.
16. Consider approval of an Engineering Services Contract with Freese and
Nichols, Inc. to provide professional engineering and design services for
the South Coppell Road Infrastructure Improvements (from Bethel Road
to Southwestern Boulevard), Project #ST 07-02; in an amount not to
exceed $164,100.00; as provided for in CIP funds; and authorizing the City
Manager to sign.
17. Consider approval of a Development Agreement between City of
Coppell and Pritchard Associates, Inc. to construct Creekview Drive from
Bethel Road north a distance of 1000 feet (+/-) in conjunction with the
construction of Bethel Road and Bethel Business Park, Lot 1 Block A; and
authorizing the City Manager to sign.
18. Consider and authorize City Manager to negotiate and execute a
purchase and sale agreement, and any necessary agreements and
instruments related thereto, for the transfer of approximately 9.4 acres of
land out of the J. Simmons Survey, Abstract No. 1296, to the Coppell
Economic Development Foundation, acting as an independent
foundation, for the resale of such property to Kolberg Development, LLC
for the construction of two 21,050-square- foot two-story retail/hotel
buildings, a 25,141-square-foot two-story event/conference center, and a
7,812-square-foot pet bed/breakfast. The property is located along the
east side of Coppell Road, approximately 250 feet south of Bethel Road.
19. Consider approval of an Ordinance ordering a Special Election to be held
on November 6, 2007 to consider the adoption of one-fourth of one
percent sales and use tax to provide revenue for maintenance and repair
of municipal streets; and, to consider the creation of a Crime Control and
Prevention District and the adoption of one-fourth of one percent sales
and use tax for crime reduction programs; providing for the publication
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ITEM # ITEM DESCRIPTION
and posting of notice; authorizing the City Manager to execute an
Election Agreement and Election Services Contract with Dallas County
Elections Department; and authorizing the Mayor to sign the Ordinance.
20. Consider approval of a variance with stipulations for an Interim Permit,
upon concurrence of City Engineer, to Floodplain Management
Ordinance No. 2001-952, Article 4, Section B, Item 11(a) which states that
the Floodplain Administrator must "Assure that conditional approvals are
received from FEMA before a Floodplain Development Permit is issued."
for the proposed Alexander Court subdivision, an 18.506 acre housing
development at the northwest corner of Denton Tap Road and Bethel
Road.
21. Consideration of appeal from John Hawkins regarding impact fees and
other development requirements related to Alexander Court.
22. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Susan G. Komen “Dig for A
Cure” Event on September 21.
23. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Councilmembers Peters and Faught.
C. Coppell Seniors – Councilmembers Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Councilmember Peters.
E. Economic Development Committee – Mayor Pro Tem Hinojosa-
Flores and Councilmember Franklin.
F. International Council for Local Environmental Initiatives (ICLEI) –
Councilmember Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
K. North Texas Council of Governments – Councilmember Brancheau.
L. NTCOG/Regional Emergency Management – Councilmember
Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
24. Necessary action resulting from Work Session.
25. Necessary action resulting from Executive Session.
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ITEM # ITEM DESCRIPTION
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 24th day of August, 2007, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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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
AGENDA REQUEST FORM
DATE: August 28, 2007
ITEM #: ES-2
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. Discussion regarding NW corner of Bethel Road and Denton Tap.
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: %exsessn
AGENDA REQUEST FORM
DATE: August 28, 2007
ITEM #: WS-3
WORK SESSION
A. Presentation regarding the Wayfinder Signage.
B. Discussion regarding Sales Tax Election.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
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
August 28, 2007
7
✔
REPORT
Report by the Library Board.
The semi-annual report will be made by a member of the Library Board.
No action necessary on this item.
%boardreport
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:
Police
August 28, 2007
8
✔
PRESENTATION
Presentation of the Coppell Police Department Narcotics and Alcohol Enforcement Report for the first half of 2007.
Chief Roy Osborne will update the council regarding narcotics and alcohol enforcement by the Coppell Police
Department for the first six months of 2007.
No Action needed.
)2007 Enforcement
AGENDA REQUEST FORM
DATE: August 28, 2007
ITEM #: 9
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
August 28, 2007
10/A
✔
PROCEDURAL
Consider approval of minutes: August 14, 2007.
Minutes of the City Council meeting held on August 14, 2007.
Staff recommends approval.
%minutes
MINUTES OF AUGUST 14, 2007
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 14, 2007, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor (late arrival)
Brianna Hinojosa-Flores, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Pro Tem Hinojosa-Flores called the meeting to order, determined
that a quorum was present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Address issues regarding S.H. 121 Bypass.
B. Presentation regarding Municipal Cemetery.
C. Discuss ½ Cent Sales Tax, Crime District and Street
Maintenance.
D. Discussion of Agenda Items.
Mayor Stover arrived prior to convening Work Session.
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EXECUTIVE SESSION (Closed to the Public)
3. 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.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south of
Bethel Road.
Executive Session was held at the end of the meeting.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember Faught led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
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7. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 24, 2007
July 26, 2007
July 31, 2007.
B. Consider approval of an Ordinance for Text amendments to
Chapter 12, Zoning, of the Code of Ordinances amending Article
29, Sign Regulations, to delete all references to temporary off-
and on-premise signage, and authorizing the Mayor to sign.
C. Consider approval of entering into a Professional Services
Agreement with Larry O. Hulsey & Company to provide
application review, inspections during construction and drilling
and annual inspections during the operation of oil and gas
drilling in the City of Coppell, and consulting on Ordinance
revisions as necessary; and authorizing the City Manager to
sign.
D. Consider approval of an Ordinance for Case No. PD-214R2-SF-
9 and C, Arbor Manors, zoning change 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,
and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-221R2-HC,
Duke Lesley Addition, zoning change from PD-221-HC
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(Planned Development-221-Highway Commercial) to PD-
221R2-HC (Planned Development-221 Revision 2-Highway
Commercial) to attach a Detail Site Plan to allow for the
construction of an 187,535-square-foot, six-story hotel, with
260 rooms and ancillary uses, on 5 acres of property located
along the east side of Point West Boulevard, and authorizing the
Mayor to sign.
F. Consider approval of an Ordinance for Case No. PD-221R3-HC,
Duke Lesley Addition, zoning change from PD-221-HC
(Planned Development-221-Highway Commercial) to PD-
221R3-HC (Planned Development-221 Revision 3-Highway
Commercial) to attach a Concept Plan for retail and restaurant
uses on 17.4 acres of property located at the northwest corner
of Belt Line Road and IH 635, and authorizing the Mayor to sign.
G. Consider approval of an Ordinance for Case No. PD-222R-LI,
Duke Lesley Addition, zoning change from PD-222-LI (Planned
Development-222-Light Industrial) to PD-222R-LI (Planned
Development-222 Revised-Light Industrial) to attach a Detail
Site Plan to allow the construction of a 1,079,475 square-foot
office/warehouse building on 48.83 acres of property located
west of Belt Line Road and east of Dividend Drive, and
authorizing the Mayor to sign.
H. Consider approval of an Ordinance for Case No. S-1241-C, Fat
Daddy’ s Burger House, zoning change from C (Commercial) to
S-1241-C (Special Use Permit-1241-Commercial) to allow a
3,580-square-foot restaurant with a 940-square-foot outdoor
patio area, to be located at 215 S. Denton Tap Road, Suite 100,
and authorizing the Mayor to sign.
I. Consider approval of an Ordinance for Case No. S-1108R3-A,
T-Mobile, zoning change 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
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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, and authorizing the Mayor to sign.
J. Consider approval of an emergency bid from Craig Olden, Inc.
for the installation of erosion control measures at Andrew
Brown Park East, in the amount of $86,400.00, and authorizing
the City Manager to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
carrying Ordinance No. 91500-A-473, C, D carrying Ordnance No.
91500-A-474, E carrying Ordinance No. 91500-A-475, F carrying
Ordinance No. 91500-A-476, G carrying Ordinance No. 91500-A-477 ,
carrying Ordinance No. 91500-A-478, I carrying Ordinance No. 91500-A-
479 and J . Councilmember Franklin seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of
the motion.
9. PUBLIC HEARING:
To receive public comment concerning the proposed 2007-2008 tax
rate of 0.64146.
Presentation:
Chad Beach, Assistant Finance Director, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
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Action:
Councilmember Peters moved to close the Public Hearing.
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of the North Lake College, North Campus Addition,
Minor Plat and Replat, being a replat of Lot 2, Block 2 of the Freeport
North Addition, containing approximately 1.9 acres and a minor plat
of 33.9 acres to establish a building site, fire lane and easements to
allow the development of a 37,000-square-foot college and ancillary
uses on approximately 10 acres of this 35.8 acres of property a t the
southeast corner of S.H. 121 and W. Sandy Lake Road.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion 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 Tunnell moved to close the Public Hearing and approve
the North Lake College, North Campus Addition, Minor Plat and R eplat,
being a replat of Lot 2, Block 2 of the Freeport North Addition, containing
approximately 1.9 acres and a minor plat of 33.9 acres to esta blish a
building site, fire lane and easements to allow the development of a
37,000-square-foot college and ancillary uses on approximately 10 acres
of this 35.8 acres of property at the southeast corner of S.H. 121 and W.
Sandy Lake Road. Mayor Pro Tem Hinojosa-Flores seconded the mo tion;
the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York
voting in favor of the motion.
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11. PUBLIC HEARING:
Consider approval of Case No. PD-229-LI Minyard Addition (KTR
Capital), zoning change from LI (Light Industrial) to PD-229-LI
(Planned Development-229-Light Industrial) to allow the retention
and expansion of the existing office/warehouse and office buildings
and to allow the construction of four office/warehouse buildings,
totaling approximately 503,250-square-feet on 79.53 acres of
property, located at the southwest corner of Freeport Parkway and
Bethel Road.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion to
the Council.
Matt Taylor and Steve Heniford, representing the Applicant, answered
questions of 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. PD-229-LI Minyard Addition (KTR Capital), zoning chang e from
LI (Light Industrial) to PD-229-LI (Planned Development-229-Light
Industrial) to allow the retention and expansion of the existing
office/warehouse and office buildings and to allow the construction of four
office/warehouse buildings, totaling approximately 503,250-square-feet
on 79.53 acres of property, located at the southwest corner of Freeport
Parkway and Bethel Road; subject to the following conditions:
1) Submittal of Revised Tree Survey and Mitigation Plan in accordance
with the requirements of the Zoning Ordinance prior to submission of
tree removal permit;
2) Relocate the existing fire hydrant west of Building D to be within a
landscape island;
3) The proposed buildings should not use existing fire pumps; and
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4) Contact Jeff Curry at (972) 888-1330 to discuss electric service
requirements.
Councilmember Brancheau seconded the motion; the motion carried 7-0
with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau,
Peters, Tunnell, Faught, Franklin and York voting in favor of the motion.
12. PUBLIC HEARING:
Consider approval of the Minyard Addition (KTR Capital) Lots 1R, 2R,
3R and 4R, Block 1, Replat, being a replat of Lots 1 and 2, Block 1, of
the Minyard Addition, to establish building sites, fire lanes and
easements to allow the retention and expansion of the existing
office/warehouse and office buildings and to allow the construction of
four office/warehouse buildings on 79.53 acres of property located at
the southwest corner of Freeport Parkway and Bethel Road.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion 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 Franklin moved to close the Public Hearing and ap prove
the Minyard Addition (KTR Capital) Lots 1R, 2R, 3R and 4R, Block 1,
Replat, being a replat of Lots 1 and 2, Block 1, of the Minyard Addition, to
establish building sites, fire lanes and easements to allow the retention
and expansion of the existing office/warehouse and office buildings and to
allow the construction of four office/warehouse buildings on 79.53 acres
of property located at the southwest corner of Freeport Parkway and
Bethel Road; subject to the following conditions:
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1) Submission of written approval from TU Electric allowing for th e
construction of building over their existing easement or and instrument
abandoning the easement;
2) Submission of a property owner's association document addressing
maintenance of water, sanitary sewer and drainage; and
3) Contact Jeff Curry at 972-888-1330 to discuss electric service
requirements.
Councilmember Faught seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
13. PUBLIC HEARING:
Consider approval of Case No. PD-228-HC, Vista Ridge Retail, zoning
change from HC (Highway Commercial) to PD-228-HC (Planned
Development-228-Highway Commercial) to establish a Concept Plan
for retail and restaurant uses on 14.8 acres of property, and to attach
a Detail Site Plan to allow the development of a grocery store with
restaurant, convenience store with fuel sales & drive-through and
retail uses on approximately 11 acres of property, located at the
northeast corner of S.H. 121 and Denton Tap Road.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion to
the Council.
Michael Clark, representing the Applicant, answered questions of Council.
Warren Creason, representing Market Street, answered questions of
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for those persons
wishing to speak.
1) Jeff Fink, 735 Plaza Blvd., discussed the cross-access issue and asked
for the cross access to be eliminated.
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Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. PD-228-HC, Vista Ridge Retail, zoning change from HC
(Highway Commercial) to PD-228-HC (Planned Development-228-
Highway Commercial) to establish a Concept Plan for retail and restaurant
uses on 14.8 acres of property, and to attach a Detail Site Plan to allow
the development of a grocery store with restaurant, convenience store
with fuel sales & drive-through and retail uses on approximately 11 acres
of property, located at the northeast corner of S.H. 121 and Denton Tap
Road; subject to the following conditions:
1) Approve grocery store lot 6 parking as shown (15 space reduction);
2) Detail landscaping for lots 1-4 will closely follow Concept Plan;
3) Approve grocery landscaping with 26 additional trees in lieu of 7,400
square feet of landscape area;
4) Approve landscape shortage on lots 5, 6, 7 of 4,000 square feet by
providing additional 37 trees over code requirement;
5) Approve landscape plans for lots 5, 6, 7 as shown with modifications
listed above;
6) Approve sign locations on lots 5, 6, 7 at this time; reserve decisions
on other lots until detail plans are submitted;
7) Work with staff to revise the gas pump canopy elevation to replace the
red, shiny metal with another material while maintaining the red color;
and
8) Submit for staff review the TIA prepared by the applicant prior to the
August 14, 2007 City Council meeting.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of the Vista Ridge Retail, Lots 1AR-7, Block A,
Replat, being a replat of Lot 1A, Block D, Vista Ridge Addition, to
establish fire lanes, access and utility easements to allow the
development of retail and restaurant uses on 14.8 acres of property,
located at the northeast corner of S.H. 121 and Denton Tap Road.
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Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion 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 Brancheau moved to close the Public Hearing and a pprove
the Vista Ridge Retail, Lots 1AR-7, Block A, Replat, being a re plat of Lot
1A, Block D, Vista Ridge Addition, to establish fire lanes, acc ess and
utility easements to allow the development of retail and restaurant uses on
14.8 acres of property, located at the northeast corner of S.H. 121 and
Denton Tap Road; subject to the following conditions:
1) Contact Jeff Curry at (972) 888-1330 to discuss electric service
requirements;
2) Provide property owner’ s association document for maintenance o f
water and storm sewer lines on private property: and
3) Procure TXDOT approval for driveway access from State Highway
121.
Councilmember Faught seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
15. PUBLIC HEARING:
Consider approval of Case No. PD-108R8-H, The Village at Old
Coppell, zoning change from H (Historic), PD-108-H (Planned
Development-108-Historic) and PD-108R5-H (Planned
Development-108-Revised-5-Historic) to PD-108R8-H (Planned
Development-108-Revised-8-Historic) to attach a concept plan for
seven lots on approximately 10.4 acres and a detail plan for two
21,050-square- foot two-story retail/hotel buildings on two 1.15 acre
lots, a 25,141-square-foot two-story event/conference center on a
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2.8 acre lot, and a 7,812-square-foot pet bed/breakfast on a 1.04
acre lot, located along the east side of Coppell Road, approximately
250 feet south of Bethel Road.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion to
the Council.
Donna Kolberg, Applicant, addressed questions of council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Faught moved to close the Public Hearing and approve
Case No. PD-108R8-H, The Village at Old Coppell, zoning change from H
(Historic), PD-108-H (Planned Development-108-Historic) and PD-
108R5-H (Planned Development-108-Revised-5-Historic) to PD-108R8-
H (Planned Development-108-Revised-8-Historic) to attach a conc ept
plan for seven lots on approximately 10.4 acres and a detail pl an for two
21,050-square- foot two-story retail/hotel buildings on two 1.15 acre
lots, a 25,141-square-foot two-story event/conference center on a 2.8
acre lot, and a 7,812-square-foot pet bed/breakfast on a 1.04 a cre lot,
located along the east side of Coppell Road, approximately 250 feet south
of Bethel Road; subject to the following conditions:
1) Include side elevations for the hotel/retail buildings and correctly label
all materials and colors to be used on black and white elevations
(garage door materials);
2) Coordinate with the Fire Department for proper FDC and fire hydrant
locations and indicate on the Site Plan;
3) The benches along Coppell Road will need to be coordinated with the
Engineering Department for relocation after Coppell Road is improved;
4) Coordinate with the Parks Department for relocation of irrigation taps
and meters and proper placement of trees and shrubs abutting the
Service Center property;
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5) Combine the Tree Survey with the Landscape Plan and retitle -
"Landscape Plan/Tree Survey;"
6) All utilities will be evaluated further during Engineering Plan review;
and
7) Contact the Animal Shelter and Adoption Center for boarding
permitting and procedures.
Councilmember Franklin seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
16. Consider approval of The Village at Old Coppell, Preliminary Pl at, to
allow the development of a seven lot, 10.4 acre development, located
along the east side of Coppell Road, approximately 250 feet sou th of
Bethel Road.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion to
the Council.
Action:
Councilmember Faught moved to approve The Village at Old Coppell,
Preliminary Plat, to allow the development of a seven lot, 10.4 acre
development, located along the east side of Coppell Road, approximately
250 feet south of Bethel Road; subject to the following conditions:
1) Contact Larry Redick at 972-323-8917 to discuss electric service
requirements;
2) Water plan does not indicate their system as being private, not
showing DDCV vaults;
3) Show FDC (fire department connections) on water plan. Must be within
50’ of a fire hydrant and on the same side of the fire lane;
4) Include lot numbers and block letter (A) on plan and within title block;
5) Show existing structures and site features, noting if structures are to
remain, be relocated, or be removed;
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6) Submit a copy of the cross access/parking agreement and a property
owners’ association agreement for maintenance of private utilities;
and
7) A replat is required to be submitted including the entire Servi ce
Center property when the replat and final plat for this property is
submitted.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
17. Consider approval of an Ordinance for Case No. PD-108R7-SF-9,
The Chateaus of Coppell, to amend the land use designation on the
Comprehensive Land Use Plan from Public/Institutional to Residential
Low Density on approximately 11 acres of property along Denton
Tap Road and a zoning change from PD-108-LI (Planned
Development-108-Light Industrial) to PD-108R7-SF-9 (Planned
Development-108R7-Single Family-9), with a Concept Plan, to all ow
the development of 56 single-family homes and common/ open spac e
areas on 20 acres of property located at the southwest corner of
Bethel and Denton Tap Roads, and authorizing the Mayor to sign.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presenta tion to
the Council.
Action:
Councilmember Peters moved to approve Ordinance No. 91500-A-480 for
Case No. PD-108R7-SF-9, The Chateaus of Coppell, to amend the l and
use designation on the Comprehensive Land Use Plan from
Public/Institutional to Residential Low Density on approximately 11 acres
of property along Denton Tap Road and a zoning change from PD-108-LI
(Planned Development-108-Light Industrial) to PD-108R7-SF-9 (Pl anned
Development-108R7-Single Family-9), with a Concept Plan, to allow the
development of 56 single-family homes and common/ open space areas on
20 acres of property located at the southwest corner of Bethel and Denton
Tap Roads, and authorizing the Mayor to sign. Councilmember Brancheau
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seconded the motion; the motion carried 6-1 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught, F ranklin
and York voting in favor of the motion and Councilmember Tunnell voting
against the motion.
18. Consider approval of an ordinance of the City of Coppell, Texas,
amending the Code of Ordinances by amending Chapter 9, Article 9-
1, regarding Animal Services Advisory and Appeals Board, animal
impounds and dangerous dog requirements; and authorizing the Mayor
to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Gary Nix, Deputy Police Chief, and Lieutenant Derrick Watson, made a
presentation to the Council.
Action:
Councilmember Franklin moved to approve Ordinance No. 2007-1176
amending the Code of Ordinances by amending Chapter 9, Article 9-1,
regarding Animal Services Advisory and Appeals Board, animal im pounds
and dangerous dog requirements; and authorizing the Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught, Franklin and York voting in favor of the motion.
19. Consider approval of a City of Coppell Public Safety Radio System
800 MHz Trunked Analog Simulcast System upgrade at an
approximate cost of $544,752.00; and authorizing the City Manager to
sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Gary Nix, Deputy Police Chief, made a presentation to the Council.
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Action:
Councilmember York moved to approve a City of Coppell Public Safety
Radio System 800 MHz Trunked Analog Simulcast System upgrade at an
approximate cost of $544,752.00; and authorizing the City Manag er to
sign. Councilmember Franklin seconded the motion; the motion carried
7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of
the motion.
20. Consider approval of a resolution of the City Council of the city of
Coppell, Texas, creating a crime control and prevention district within
the corporate limits of the city of Coppell, Texas; providing for the
appointment of a temporary board of directors; for calling of meetings
to determine the feasibility and approving a proposed budget an d
crime control plan; providing for the board to consider an order
calling an election to impose one-fourth (1/4) of one percent s ales
and use tax to finance such district; and authorizing the Mayor to
sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Brancheau moved to approve Resolution No. 2007-08 14.1
creating a crime control and prevention district within the corporate limits
of the city of Coppell, Texas; providing for the appointment of a
temporary board of directors; for calling of meetings to determine the
feasibility and approving a proposed budget and crime control plan;
providing for the board to consider an order calling an election to impose
one-fourth (1/4) of one percent sales and use tax to finance such district;
and authorizing the Mayor to sign; with the temporary board members
being Doug Stover, Jayne Peters, Brianna Hinojosa-Flores, Marsha
Tunnell, Billy Faught, Marvin Franklin and Bill York. Councilmember
Franklin seconded the motion; the motion carried 7-0 with Mayor Pro
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Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell,
Faught, Franklin and York voting in favor of the motion.
21. Mayor and Council Reports.
A. Report by Mayor Stover regarding Coppell Copperheads update.
B. Report by Mayor Stover regarding National Night Out.
C. Report by Mayor Stover regarding New Teachers’ Breakfast.
D. Report by Mayor Stover regarding Chamber Scholarship.
A. Mayor Stover announced that the Coppell Copperheads were the
Texas Collegiate League Champions finishing the season with a
32-19 record. The Mayor thanked the families who hosted the
players in their homes for the season.
B. Mayor Stover reported that 45 block parties had been held on
August 7th for National Night Out and congratulated all the block
captains for their work.
C. Mayor Stover attended the Teachers’ Breakfast on August 14
th and
stated there was much discussion regarding the collaboration
between the city and the school.
D. Mayor Stover reported there would be changes in the future for the
Chamber of Commerce Scholarship. The Chamber has received its
501(c) designation making future contributions tax deductible. The
Chamber issues ten scholarships annually based on contributions
from local businesses.
22. Necessary action resulting from Work Session.
There was no action necessary under this item.
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
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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.
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 9:50 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 11:15 p.m. and reopened the Regular Session.
Councilmember York left the meeting during Executive Session.
REGULAR SESSION (Open to the Public)
23. Necessary action resulting from Executive Session.
Action:
Councilmember Brancheau moved to approve a final reimbursement in the
amount of $104,000 under an Economic Development Agreement by and
between the City of Coppell and Coppell Hard Eight, Ltd., dated June 26,
2006. Councilmember Peters seconded the motion; the motion carried
4-2 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters and Franklin voting in favor of the motion and
Councilmembers Tunnell and Faught voting against the motion.
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There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
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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:
Finance
August 28, 2007
10/B
✔
PROCEDURAL
Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the
Public Funds Investment Act, Chapter 2256, Texas Government Code.
As required by the Public Funds Investment Act, the Investment Policy must be reviewed on an annual basis. Staff has
reviewed the policy and recommends no changes at this time.
Furthermore, our investment policy has been reviewed by the Government Treasurers’ Organization of Texas Review
Committee to ensure it meets the requirements of the Texas Public Funds Investment Act. On August 8, 2005, we were
awarded the Certificate of Distinction for our Investment Policy. They indicated our policy meets the criteria set forth in
the investment policy review checklist, and is an excellent example of a comprehensive written investment policy.
Staff recommends approval.
$InvestmentPolicy-1AR(Consent)
1
INTRODUCTION
The purpose of this document is to set forth specific investment policy and strategy guidelines for
the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trust for all
investment activity. The City Council of the City of Coppell shall review its investment strategies
and policy not less than annually. This policy serves to satisfy the statutory requirement of Chapter
2256, Texas Government Code as amended, to define, adopt and review a formal investment
strategy and policy.
INVESTMENT STRATEGY
The City of Coppell maintains portfolios utilizing four specific investment strategy considerations
designed to address the unique characteristics of the fund groups represented in the portfolios:
A. Investment strategies for operating funds and commingled pools containing
operating funds have as their primary objective to assure that anticipated cash flows
are matched with adequate investment liquidity. The secondary objective is to create
a portfolio structure which will experience minimal volatility during economic
cycles. This may be accomplished by purchasing high quality, short-to-medium-
term securities which will complement each other in a laddered or barbell maturity
structure. The dollar weighted average maturity of 365 days or less will be
calculated using the stated final maturity date of each security.
B. Investment strategies for debt service funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligation on the
required payment date. Securities purchased shall not have a stated final maturity
date that exceeds the debt service payment date.
C. Investment strategies for debt service reserve funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate debt
service fund from securities with a low degree of volatility. Securities should be of
high quality and, except as may be required by the bond ordinance specific to an
individual issue, of short to intermediate-term maturities. Volatility shall be further
controlled through maturity and quality range, without paying premium, if at all
possible. Such securities will tend to hold their value during economic cycles.
D. Investment strategies for special projects or special purpose fund portfolios will have
as their primary objective to assure that anticipated cash flows are matched with
adequate investment liquidity. These portfolios should include at least 10% in highly
liquid securities to allow for flexibility and unanticipated project outlays. The stated
final maturity dates of securities held should not exceed the estimated project
completion date.
INVESTMENT POLICY
2
I. SCOPE
This investment policy applies to all financial assets of the City of Coppell. These funds are
accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include:
* General Fund
* Special Revenue Funds
* Debt Service Funds
* Capital Projects Funds
* Proprietary Funds
* Trust and Agency Funds
* Component Units
II. OBJECTIVES
The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority:
Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the
primary objective. All investments shall be designed and managed in a manner responsive to the
public trust and consistent with State and Local law.
The City shall maintain a comprehensive cash management program that includes collection of
accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of
available cash. Cash management is defined as the process of managing monies in order to insure
maximum cash availability and maximum yield on short-term investment of pooled idle cash.
Safety
The primary objective of the City's investment activity is the preservation of capital in the overall
portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses,
whether they are from securities default or erosion of market value.
Liquidity
The City's investment portfolio shall be structured such that the City is able to meet all obligations in
a timely manner. This shall be achieved by matching investment maturities with forecasted cash
flow requirements and by investing in securities with active secondary markets.
3
Yield
The City's cash management portfolio shall be designed with the objective of regularly exceeding
the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek to
augment returns above this threshold consistent with risk limitations identified herein and prudent
investment polices.
Public Trust
All participants in the City's investment process shall seek to act responsibly as custodians of the
public trust. Investment officials shall avoid any transaction that might impair public confidence in
the City's ability to govern effectively.
III. RESPONSIBILITY AND CONTROL
Investment Committee
An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of
Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational
strategies and to monitor results. The Investment Committee shall include in its deliberation such
topics as: performance reports, economic outlook, portfolio diversification, maturity structure,
potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the
investment portfolio.
Delegation of Authority and Training
Authority to manage the City's investment program is derived from a resolution of the City Council.
The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated as
the investment officers of the City and are responsible for investment decisions and activities. The
Director of Finance shall establish written procedures for the operation of the investment program,
consistent with this investment policy. The investment officers shall attend at least one ten (10) hour
training session from an independent source approved by the governing body relating to the officer's
responsibility under the Act within 12 months after assuming duties.
Additionally, once every two years, ten (10) hours of instruction must be obtained from an
independent source. Sources of authorized independent training are those sponsored by:
• Government Finance Officers Association (G.F.O.A.)
• Government Finance Officers Association of Texas (G.F.O.A.T.)
• Government Treasurers Organization of Texas (G.T.O.T.)
• University of North Texas - Center for Public Management
• Texas Tech - Center for Professional Development
4
Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation costs and benefits require estimates and
judgements by management.
Accordingly, the Director of Finance shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall
address the following points:
A. Control of collusion.
B. Separation of transaction authority from accounting and record keeping.
C. Custodial safekeeping.
D. Avoidance of physical delivery securities.
E. Clear delegation of authority to subordinate staff members.
F. Written confirmation for telephone (voice) transactions for investments and wire
transfers.
G. Development of a wire transfer agreement with the depository bank or third party
custodian.
Prudence
The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule,
which states: "Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived." In determining whether an investment officer
has exercised prudence with respect to an investment decision, the determination shall be made
taking into consideration:
A. The investment of all funds, or funds under the City's control, over which the officer
had responsibility rather than a consideration as to the prudence of a single
investment.
B. Whether the investment decision was consistent with the written investment policy
of the City.
The investment officer, acting in accordance with written procedures and exercising due diligence,
shall not be held personally responsible for a specific security's credit risk or market price changes,
providing that these deviations are reported immediately and that appropriate action is taken to
control adverse developments.
5
Ethics and Conflicts of Interest
City staff involved in the investment process shall refrain from personal business activity that could
conflict with the proper execution of the investment program, or which could impair the ability to
make impartial investment decisions. City staff shall disclose to the City Manager any material
financial interests in financial institutions that conduct business with the City and they shall further
disclose positions that could be related to the performance of the City's portfolio. City staff shall
subordinate their personal financial transactions to those of the City, particularly with regard to
timing of purchases and sales.
An investment officer of the City who has a personal business relationship with an organization
seeking to sell an investment to the City shall file a statement disclosing that personal business
interest. An investment officer who is related within the second degree by affinity or consanguinity
to an individual seeking to sell an investment to the City shall file a statement disclosing that
relationship. A statement required under this subsection must be filed with the Texas Ethics
Commission and the governing body of the entity.
IV. REPORTING
Quarterly Reporting
The Director of Finance shall submit a signed quarterly investment report that summarizes current
market conditions, economic developments and anticipated investment conditions. The report shall
summarize investment strategies employed in the most recent quarter, and describe the portfolio in
terms of investment securities, maturities, risk characteristics, and shall explain the total investment
return for the quarter.
Annual Report
Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report on
the investment program and investment activity. This report may be presented along with the
Comprehensive Annual Financial Report to the City Manager and City Council.
Methods
The quarterly investment report shall include a succinct management summary that provides a clear
picture of the status of the current investment portfolio and transactions made over the last quarter.
This management summary will be prepared in a manner that will allow the City to ascertain
whether investment activities during the reporting period have conformed to the investment policy.
The reports shall be formally reviewed at least annually by an independent auditor, if investments
are other than those offered by the City's depository. The portfolio shall be marked to market
monthly. The market value of the securities is to be provided by the City's depository or by a third
party valuation service.
The report will be provided to the City Manager and City Council. The report will include the
6
following:
A. A listing of individual securities (investment position) held at the end of the reporting
period.
B. Unrealized gains or losses resulting from appreciation or depreciation by listing the
beginning and ending book and market value of securities for the period.
C. Additions and changes to the market value during the period.
D. Average weighted yield to maturity of portfolio on entity investments as compared to
applicable benchmark.
E. Listing of investment by maturity date.
F. The percentage of the total portfolio each type of investment represents.
G. Statement of compliance of the City's investment portfolio with State Law and the
investment strategy and policy approved by the City Council.
H. Prepared and signed by the investment officers.
I. Fully accrued interest for the period.
J. States account or fund for each investment.
V. INVESTMENT PORTFOLIO
The City shall pursue an active versus a passive portfolio management philosophy. That is,
securities may be sold before they mature if market conditions present an opportunity for the City to
benefit from the trade. The investment officer will routinely monitor the contents of the portfolio,
the available markets, and the relative value of competing instruments, and will adjust the portfolio
accordingly.
Investments
Assets of the City of Coppell may be invested in the following instruments; provided, however, that
at no time shall assets of the City be invested in any instrument or security not authorized for
investment under the Act, as the Act may from time to time be amended.
I. Authorized
A. Obligations of the United States of America, its agencies and
instrumentalities.
B. Direct obligations of the State of Texas or its agencies and instrumentalities.
C. Other obligations, the principal of and interest on which are unconditionally
guaranteed by the State of Texas or United States of America.
7
D. Obligations of the State, agencies thereof, Counties, Cities, and other political
subdivisions of any state having been rated as investment quality by a
nationally recognized investment rating firm, and having received a rating of
not less than "A" or its equivalent.
E. Certificates of Deposit of state and national banks domiciled in Texas,
guaranteed or insured by the Federal Deposit Insurance or its successor or
secured by obligations described in A through D above, which are intended
to include all direct agency or instrumentality issued mortgage backed
securities rated AAA by a nationally recognized rating agency and that have
a market value of not less than the principal amount of the certificates.
F. Fully collateralized direct repurchase agreements with a defined termination
date secured by obligations of the United States or its agencies and
instrumentalities. These shall be pledged to the City of Coppell, held in the
City’s name, and deposited at the time the investment is made with the City
or with a third party selected and approved by the City. Repurchase
agreements must be purchased through a primary government securities
dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. A
Master Repurchase Agreement must be signed by the bank\dealer prior to
investment in a repurchase agreement. All repurchase agreement transactions
will be on a delivery versus payment basis. Securities received for repurchase
agreements must have a market value greater than or equal to 105 percent at
the time funds are disbursed.
G. Local government investment pools that have been authorized by the
governing body by rule, ordinance or resolution. The investment pool must
maintain a rating no lower than AAA or AAA-M by at least one nationally
recognized rating service. Investment in such pools shall be limited to 50%
of the City’s entire portfolio, with no more than 25% of the entire portfolio
invested in any one authorized pool.
H. No-load money market mutual funds that are registered and regulated by the
Securities and Exchange Commission, that has a dollar weighted average
stated maturity of 90 days or fewer and includes in its investment objectives
the maintenance of a stable net asset value of $1 for each share.
I. No-load mutual funds that are registered with the Securities and Exchange
Commission, having an average weighted maturity of less than two years and
is invested or secured in obligations described in A through D above. The
fund must maintain a rating of AAA, or its equivalent by at least one
nationally recognized rating firm. The fund must conform to the
requirements relating to the eligibility of investment pools.
Investments in mutual funds shall be limited to 10% of the City's monthly fund balance,
excluding bond proceeds and reserves and other funds held for debt service.
8
II. Not Authorized
The City's authorized investments options are more restrictive than those allowed by State law.
State law specifically prohibits investment in the following investment securities.
A. Obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage backed security
collateral and pays no principal.
B. Obligations whose payment represents the principal stream of cash flow from
the underlying mortgage-backed security collateral and bears no interest.
C. Collateralized mortgage obligations that have a stated final maturity date of
greater than 10 years.
D. Collateralized mortgage obligations the interest rate of which is determined
by an index that adjusts opposite to the changes in a market index.
Holding Period
The City of Coppell intends to match the holding periods of investment funds with liquidity needs of
the City. In no case will the average maturity of investments of the City's operating funds exceed
one year. The maximum final stated maturity of any investment shall not exceed five years.
Investments in all funds shall be managed in such a way that the market price losses resulting from
interest rate volatility would be offset by coupon income and current income received from the
volume of the portfolio during a twelve month period.
Risk and Diversification
The City of Coppell recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is controlled
through portfolio diversification which shall be achieved by the following general guidelines;
A. Risk of issuer default is controlled by limiting investments to those
instruments allowed by the Act, which are described herein.
B. Risk of market price changes shall be controlled by avoiding over-
concentration of assets in a specific maturity sector, limitation of average
maturity of operating funds investments to one year, and avoidance of over-
concentration of assets in specific instruments other than U.S. Treasury
Securities and insured or Collateralized Certificates of Deposits.
C. Risk of illiquidity due to technical complications shall be controlled by the
selection of securities dealers as described herein.
9
VI. SELECTION OF BANKS AND DEALERS
Depository
At least every five (5) years a Depository shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP). In selecting a
depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall
conduct a comprehensive review of prospective depositories credit characteristics and financial
history.
Certificates of Deposit
Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase
program shall submit for review annual financial statements, evidence of federal insurance and other
information as required by the Director of Finance.
Qualified Representatives
Investment officials shall not knowingly conduct business with any firm with whom public entities
have sustained losses on investments. All qualified representatives shall provide the City with
references from Public entities they are currently serving.
All financial institutions and qualified representatives who desire to become qualified bidders for
investment transactions must supply the following as appropriate:
- audited financial statements
- proof of National Association of Securities Dealers (NASD) certification
- proof of state registration
- completed broker/dealer questionnaire
- certification of having read the City's investment policy signed by an
qualified representative of the organization
- Acknowledgement that the organization has implemented reasonable
procedures and controls in an effort to preclude imprudent investment
activities arising out of investment transactions conducted between the City
and the organization
The investment officers are precluded from purchasing an investment from a representative who has
not delivered the written certification
An annual review of the financial condition and registration of qualified bidders will be conducted
by the Director of Finance.
Competitive Bids
Competitive quotes must be taken from at least three (3) qualifying financial institutions or
broker/dealers for any investment transaction involving an individual security. Investment
transactions should include written confirmation of offers on the Investment Bid Tabulation form.
10
VII. SAFEKEEPING AND CUSTODY
Insurance or Collateral
All deposits and investments of City funds other than direct purchases of U.S. Treasuries or
Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a
level of security for all funds, the collateralization level will be 105% of market value of principal
and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC.
Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party
financial institution. The City’s Depository Agreement shall specify the acceptable investment
securities for collateral, the substitution or release of investment securities, ownership of securities,
and the method of valuation of securities. Repurchase agreements shall be documented by a specific
agreement noting the collateral pledge in each agreement. Collateral shall be reviewed monthly to
assure that the market value of the pledged securities is adequate.
Safekeeping Agreement
Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in
accordance with a Safekeeping Agreement which clearly defines the procedural steps for gaining
access to the collateral should the City of Coppell determine that the City's funds are in jeopardy.
The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not
affiliated with the firm pledging the collateral. The safekeeping agreement shall include the
signatures of authorized representatives of the City of Coppell, the firm pledging the collateral, and
the Trustee.
Collateral Defined
The City of Coppell shall accept only the following securities as collateral:
A. FDIC and FSLIC insurance coverage.
B. A bond, certificate of indebtedness, or Treasury Note of the United States, or
other evidence of indebtedness of the United States that is guaranteed as to
principal and interest by the United States.
C. Obligations, the principal and interest on which, are unconditionally
guaranteed or insured by the State of Texas.
D. A bond of the State of Texas or of a county, city or other political subdivision
of the State of Texas having been rated as investment grade (investment
rating no less than "A" or its equivalent) by a nationally recognized rating
agency with a remaining maturity of five (5) years or less.
Subject to Audit
All collateral shall be subject to inspection and audit by the Director of Finance or the City's
independent auditors.
11
Delivery vs. Payment
Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the
delivery vs. payment method. That is, funds shall not be wired or paid until verification has been
made that the correct security was received by the Trustee. The security shall be held in the name of
the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's
ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall
be delivered to the City.
VII. INVESTMENT POLICY ADOPTION
The City of Coppell investment policy shall be adopted by resolution of the City Council. The
policy shall be reviewed for effectiveness on an annual basis by the Investment Committee and any
modifications will be recommended for approval to the City Council.
12
GLOSSARY
of
COMMON TREASURY TERMINOLOGY
Agencies: Federal agency securities.
Ask: The price at which securities are
offered.
Bid: The price offered for securities.
Broker: A broker brings buyers and sellers
together for a commission paid by the initiator
of the transaction or by both sides. In the
money market, brokers are active in markets,
in which banks buy and sell money, and in
interdealer markets.
Certificate of Deposit (CD): A time deposit
with a specific maturity evidenced by a
certificate. Large-denomination CD's are
typically negotiable.
Collateral: Securities, evidence of deposit or
other property that a borrower pledges to
secure repayment of loan. Also refers to
securities pledged by a bank to secure
deposits of public monies.
Comprehensive Annual Financial Report
(CAFR): The official annual report for the
City of Coppell. It includes combined
statements and basic financial statements for
each individual fund and account group
prepared in conformity with GAAP. It also
includes supporting schedules necessary to
demonstrate compliance with finance-related
legal and contractual provisions, extensive
introductory material, and a detailed
Statistical Section.
Coupon: The annual rate of interest that a
bond's issuer promises to pay the bondholder
on the bond's face value
Dealer: A dealer, as opposed to a broker, acts
as a principal in all transactions, buying and
selling for his own account.
Debenture: A bond secured only by the
general credit of the issuer.
Delivery versus Payment: There are two
methods of delivery of securities: delivery
versus payment and delivery versus receipt
Delivery versus payment is delivery of
securities with an exchange of money for the
securities. Delivery versus receipt is delivery
of securities with an exchange of a signed
receipt for the securities.
Discount Securities: Non-interest bearing
money market instruments that are issued at a
discount and redeemed at maturity for full
face value, such as U.S. Treasury bills.
Diversification: Dividing investment funds
among a variety of securities offering
independent returns.
Federal Credit Agencies: Agencies of the
Federal government set up to supply credit to
various classes of institutions and individuals,
such as Savings and Loans, small business
firms, students, farmers, farm cooperatives,
and exporters.
Federal Deposit Insurance Corporation
(FDIC): A federal agency that insures bank
deposits, currently up to $100,000 per deposit.
Federal Funds Rate: The rate of interest at
which Fed funds are traded. This rate is
currently set by the Federal Reserve through
open-market operations.
Federal Home Loan Banks (FHLB): The
institutions that regulate and lend to savings
and loan associations. The Federal Home
Loan Banks play a role analogous to that
played by the Federal Reserve Banks vis-a-vis
member commercial banks.
13
Federal National Mortgage Association
(FNMA): FNMA, like GNMA, was
chartered under the Federal National
Mortgage Association Act in 1938. FNMA is
a federal corporation working under the
auspices of the Department of Housing and
Urban Development, H.U.D. It is the largest
single provider of residential mortgage funds
in the United States. Fannie Mae, as the
corporation is called, is a private stockholder-
owned corporation. The corporation's
purchases include a variety of adjustable
mortgages and second loans in addition to
fixed-rate mortgages. FNMA's securities are
also highly liquid and are widely accepted.
FNMA assumes and guarantees that all
security holders will receive timely payment
of principal and interest.
Federal Open Market Committee
(FOMC): Consists of seven members of the
Federal Reserve Board and five of the twelve
Federal Reserve Bank Presidents. The
President of the New York Federal Reserve
Bank is a permanent member while the other
Presidents serve on a rotating basis. The
Committee periodically meets to set Federal
Reserve guidelines regarding purchases and
sales of Government Securities in the open-
market as a means of influencing the volume
of bank credit and money.
Federal Reserve System: The central bank
of the United States created by Congress and
consisting of a seven member Board of
Governors in Washington, D.C., 12 regional
banks and commercial banks that are
members of the system.
Government National Mortgage
Association (GNMA or Ginnie Mae):
Securities guaranteed by GNMA and issued
by mortgage bankers, commercial banks,
savings and loan associations, and other
institutions. Security holder is protected by
full faith and credit of the U.S. Government.
Ginnie Mae securities are backed by FHA,
VA or FMHM mortgages. The term pass-
throughs is often used to describe Ginnie
Maes.
Liquidity: A liquid asset is one that can be
converted easily and rapidly into cash without
a substantial loss of value. In the money
market, a security is said to be liquid if the
spread between bid and asked prices is narrow
and reasonable size can be done at those
quotes.
Market Value: The price at which a security
is trading and could presumably be purchased
or sold.
Master Repurchase Agreement: To protect
investors, many public investors will request
that repurchase agreements be preceded by a
master repurchase agreement between the
investor and the financial institution or dealer.
The master agreement should define the
nature of the transaction, identify the
relationship between the parties, establish
normal practices regarding ownership and
custody of the collateral securities during the
term of the investment, provide remedies in
the case of default by either party and clarify
issues of ownership. The master repurchase
agreement protects the investor by eliminating
the uncertainty of ownership and hence,
allowing investors to liquidate collateral if a
bank or dealer defaults during the term of the
agreement.
Maturity: The date upon which the principal
or stated value of an investment becomes due
and payable.
Money Market: The market in which short-
term debt instruments (bills, commercial
paper, bankers' acceptances) are issued and
traded.
Open Market Operations: Purchases and
sales of government and certain other
14
securities in the open market by the New
York Federal Reserve Bank as directed by the
FOMC in order to influence the volume of
money and credit in the economy. Purchases
inject reserves into the bank system and
stimulate growth of money and credit; sales
have the opposite effect. Open market
operations are the Federal Reserve's most
important and most flexible monetary policy
tool.
Portfolio: Collection of securities held by an
investor.
Primary Dealer: A group of government
securities dealers that submit daily reports of
market activity and positions and monthly
financial statements to the Federal Reserve
Bank of New York and are subject to its
informal oversight. Primary dealers include
Securities and Exchange Commission (SEC)
registered securities broker-dealers banks and
a few unregulated firms.
Prudent Person Rule: An investment
standard. Investments shall be made with
judgment and care, under circumstances then
prevailing, which persons of prudence,
discretion and intelligence exercise in the
management of their own affairs, not for
speculation, but for investment, considering
the probable safety of their capital as well as
the probable income to be derived.
Rate of Return: The yield obtainable on a
security based on its purchase price or its
current market price. This may be the
amortized yield to maturity on a bond or the
current income return.
Repurchase Agreement (RP of REPO): A
holder of securities sells these securities to an
investor with an agreement to repurchase
them at a fixed price on a fixed date. The
security "buyer" in effect lends the "seller"
money for the period of the agreement, and
their terms of the agreement are structured to
compensate him for this.
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
August 28, 2007
10/C
✔
RESOLUTION
Consider approval of a Resolution creating a procedure to hold hearings for appeals of proportionality of Municipal
Infrastructure Cost; and authorizing the Mayor to sign.
State law allows a developer and/or property owner to appeal certain development fees associated with
infrastructure costs. This agenda item sets forth the process by which this type of appeal will be administered.
The City Attorneys office will be present to provide advice and guidance regarding this matter. This is the first appeal
that any existing staff can recall.
Staff recommends approval.
%HearingProcedure-1AR
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, CREATING A PROCEDURE TO HOLD HEARINGS FOR
APPEALS OF PROPORTIONALITY OF MUNICIPAL
INFRASTRUCTURE COST; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, state law authorizes the developer to appeal the amount required for
infrastructure improvement fees to the governing body of a city; and
WHEREAS, the governing body shall hear the appeal pursuant to rules of procedure it
adopts; and
WHEREAS, the City of Coppell City Council desires to establish the procedures for said
hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, AS FOLLOWS:
SECTION 1. That the City of Coppell, Texas, by and through its governing body hereby
adopts the following procedures for hearings held by the City Council to appeal the proportionalty of
municipal infrastructure costs pursuant to § 212.904 of the Texas Local Government Code:
1. the presiding officer of the City Council shall call the agenda item and open the hearing;
2 the developer shall present evidence and testimony regarding the disputed determination of
the proportionality of infrastructure improvement fees;
3. the council may ask questions of the developer or the developer’s witnesses;
4. the city staff or representatives may offer evidence regarding the disputed determinations;
5. the city council may ask questions of the city staff or representatives;
6. the city council may call any witness or enter any evidence they desire to have further
explanation or response on the disputed issues.
SECTION 2. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
1 TM 19123
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
(REH/cdb 8/20/07)
2 TM 19123
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
August 28, 2007
11
✔
PUBLIC HEARING
Consider approval of a Resolution granting a variance of three hundred (300') feet to Cool Bamboo 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 171 N. Denton Tap, Suite 100;
and authorizing the Mayor to sign.
This variance is being filed for the Cool Bamboo Restaurant which is opening at the location previously occupied by
Asiana. The property line of this business is a common property line with Coppell Montessori Academy which is
located on Fitness Court and with Children's Courtyard on Town Center Drive.
Staff recommends approval.
%coolbamboo
rU1l11 L.-IUI-t-\\IJ~UV"'J
ApPLICATION FOR RETAILER'S PERMIT OR LICENSE/ft;\j'ALCOHOLIC~jSEVERAGE
=---=COMMISSION
ISSUE DATE FEE SURCHARGE LATE FEE (RENEWAL ONLY)
1 A.ApPLICATION FILED FOR:
D BG WINE AND BEER RETAILER'S PERMIT ,Registry No.
D BE BEER RETAIL DEALER'S ON-PREMISE LICENSE D PS PACKAGE STORE TASTING PERMIT
DBa WINE AND BEER RETAILER'S OFF-PREMISE PERMIT D N PRIVATE CLUB REGISTRATION PERMIT
D BF BEER RETAIL DEALER'S OFF-PREMISE LICENSE D NB PRIVATE CLUB BEER AND WINE PERMIT
D BL RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE D NE PRIVATE CLUB EXEMPTION CERTIFICATE PERMIT
D BP BREWPUB LICENSE D NL PRIVATE CLUB LATE HOURS PERMIT
D V WINE &BEER RETAILER'S PERMIT FOR EXCURSION BOATS D PE BEVERAGE CARTAGE PERMIT
D Y WINE &BEER RETAILER'S PERMIT FOR RAILWAY DINING CAR D MB MIXED BEVERAGE PERMIT
D P PACKAGE STORE PERMIT D LB MIXED BEVERAGE LATE HOURS PERMIT
D a WINE-ONLY PACKAGE STORE PERMIT D MI MINIBAR PERMIT
D LP LOCAL DISTRIBUTOR'S PERMIT D CB CATERER'S PERMIT
D E LOCAL CARTAGE PERMIT [8J FB FOOD AND BEVERAGE CERTIFICATE
D ET LOCAL CARTAGE TRANSFER PERMIT [8J RM MIXED BEVERAGE RESTAURANT PERMIT WITH FB
B.Application is for:[gJ Original 0 Renewal 0 Renewal Change 0 Change of
C.If renewal or change,enter license/permit no(s)._N_/A _
D.If applying for subordinate only,enter primary license/permit no.N/A
TABC
USE ONLY
B.Indicate primary business at this location:
181 01-Restaurant D 06-Grocery/Market
D 02-Bar D 07-Liquor Store
D 03-Sexually Oriented D OS-Gas Station
D 04-Sporting Arena,Civic Center,Hotel D 10-Pari-mutuel Wagering
DOS-Miscellaneous D 11-Convenience Store with Gas
D 12-Convenience Store without Gas
Date of Birth-MM/DD/YYYY
//
Applicant's E-Mail Address (optional)
None
2A.Applicant is:
D Individual
D Partnership
D Limited Partnership
D Limited Liability Partnership
181 Corporation
D Limited Liability Company
D Other
D Unincorporated Association of Persons (Private Clubs Only)
C.Does applicant require employees to attend an agency-approved seller training course?.
D.Is live music featured two or more times per week?.
E.Has the proposed licensed location been reviewed for compliance with Title III of the Americans with
Disabilities Act of 1990?'".
F.Does the applicant own the land and building at the proposed licensed location?.
G.If location has not been licensed within the last 24 months for on-premise consumption of alcoholic
beverages,indicate date sign was posted .
3.Trade Name of Business
Cool Bamboo
4.Address or Location
171 N.Denton Tab Suite 100
City
Coppell
5.Mailing Address
Same As Above
6.Area Code +Business Phone No.
(972 )897 -0858
7 A.Full Legal Name of Individual
WNE %FOR
BGIBa
TRADE
CODE
BUS.TYPE
CITY CODE
OUNTY COD
FUNC.CODE
ONo
[gJ No
ONo
[gJ No
G.05/15/07
2 C.[gJ Yes
D.0 Yes
E.[gJ Yes
F.0 Yes
ZIP Code (9 Digits)
75019 -2916
ZIP Code (9 Digits)
State
TX
State
County
Dallas
City
Area Code +Alternate Phone No.
(214 )257 -0508
(Last,First,Middle)
Social Security Number Issuing State and Driver's License Number PIC CODE
Residential Address City ZIP Code (9 Digits)
B.Has the person named in 7A above been a legal resident of Texas for one year immediately preceding
the filing of this application?7B.DYes 0 No
CITYOF Coppell
Application For Alcoholic Beverage Variance
APPLICATION FOR (CHECK ONE):
f_T WINE AND BEER RETAILER'S OFF-PREMISE PERMIT
IS?MIXED BEVERAGE RESTAURANT PERMIT WITH FB
PLEASE PRINT OR TYPE THE FOLLOWING:
APPLICANT'S NAME:;JUd'-Y\fl..IN 0 D
Address 2.f.,:J/1 (,,'vA-.(It\{,\..+H ~If u--STb ZZ-~
Phone Number '2-fL/--~rJ -ot;oB
NAME OF ESTABLISHMENT:_~r_·~_),.,(o---_~~_b~c~o ~_
LOCATION OF ESTABLISHMENT CLUDING COUNTY):Address II}/N.{k/lf2,r-.70..;5t<.*<00 I
Legal Description e ~a-V'-.C'1J~~/1
Signature:ljf'V'(dYv--~Date:5/bl 0 '7PropertyOwner's NA'ME:~r"""AI+e.-fL{J5p-C.••...r"i.wL (~~,U-<?-(Nr'Ghc>f)
Address 1.2.20 (MfJrr+-7)('..s'iAf<2-("}O P~/a...,T'tZ '?1>2.~1
Phone Number ql):z)12(>-9'600
See.6-16-2 General Requirements.
A The sale ofbeer in residential areas or within residential zoning districts is prohibited.
B.Where otherwise allowed,the legal sale of alcoholic beverages as pennitted for on-premise or off-premise consumption shall not
occur after 12 midnight or before 7 a.m.except for on Sunday where such legal sale shall not occur after 12 midnight or before 12 noon.
C.Alcoholic beverages shall not be sold by a dealer whose place of business is within 300 feet of a church,public or private school,or
public hospital.This Subsection does not apply to the holder of:
1.A license or pennit who also holds a food and beverage certificate covering a premise that is located within 300 feet of a
private school;or
2.A license or pennit covering a premise where minors are prohibited from entering under Section 109.53 of the Texas
Alcoholic Beverae;e Code.as amended.and that is located within 300 feet of a private school.
D.A private school may request from the governing body of the city of Coppell that sales be prohibited within one thousand
feet (1,000')of the property of said school.
E.The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital
shall be along the property lines of the street fronts and from front door to front door,and in direct line across intersections.
F.The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school
shall be:
1.in a direct line from the property line of the public or private school to the property line of the place of business,and in a
direct line across intersections;or
2.if the permit or license holder is located on or above the ftfth story of a multistory building,in a direct line from the property
line of the public or private school to the property line of the place of business,in a direct line across intersections,and
vertically up the building at the property line to the base of the floor on which the pennit or license holder is located.
G.Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the
place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school,measured along street lines and
directly across intersections,must give written notice of the application to officials of the public or private school before filing the application with
the Texas Alcoholic Beverage Commission.A copy of the notice must be submitted to the commission with the application.This subsection does
not apply to a pennit or license covering a premise where minors are prohibited ftom entering the premises.
H.The City Council may after a Public Hearing and a publication of a notice ten (10)days prior to the Hearing in the official City
newspaper,allow variances to the regulation if it determines that enforcement of the regulation in a particular instance is not in the best interest of
the public,constitutes waste or inefficient use ofland or other resources.creates an undue hardship on an applicant for a license or permit,does not
serve its intended purpose,is not effective or necessary,or for any other reason,after consideration of the health,safety,and welfare of the public
and the equities of the situation,determines is in the best interest of the community.
See.6-16-3 Day Cares I Child Care Facilities.
Provisions of Section 6-16-2 relating to a public school also apply to a day-care center and a child-care facility as those terms are
defined by Section 42.002,Human Resources Code for a permit or license holder under Chapter 25,28.32,69,or 74 who does not hold a food or
beverage certificate.This Subsection does not apply to a permit or license holder who sells alcoholic beverages if:
1.The permit or license holder and the day-care center or child-care facility are located on different stories of a multistory
building;or
2.the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the
permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory
building."
NOTICE OF PUBLIC HEARING
The City Council of the city of Coppell will hold a public hearing on Tuesday, the 28th
day of August, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of
considering a variance filed by Cool Bamboo who has submitted an application for
Mixed Beverage Restaurant permit with FB at 171 N. Denton Tap, Suite 100, which
address falls within 300 feet of a public or private school or day care center. Any citizen
of the City or other party of interest may also express his or her opinion concerning this
request by letter addressed to the city of Coppell City Secretary Department, 255
Parkway Boulevard, Coppell, TX 75019
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The city of Coppell acknowledges its responsibility to comply with the Americans with
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the city of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY,TX, 1-800-735-2989).
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
THREE HUNDRED (300’) FEET TO COOL BAMBOO, LOCATED
AT 171 N. DENTON TAP, SUITE 100, COPPELL, TEXAS, AS
PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF
ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Cool Bamboo (hereinafter, “Applicant”) is located within 300 feet of a
church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or creates an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of three hundred (300’) feet shall be granted to Cool
Bamboo, located at 171 N. Denton Tap, Suite 100, Coppell, Dallas County, Texas, as
provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMMISSION or its successor.
1
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 28th
day of August, 2007.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 8/6/07)
2
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
August 28, 2007
12
✔
PUBLIC HEARING
Consider approval of a Resolution granting a variance of ninety (90') feet to Cafe Portobello 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 110 West Sandy Lake Road,
#112; and authorizing the Mayor to sign.
This variance is being filed for the Cafe Portobello Restaurant which is located in the Albertson's Shopping Center. This
restaurant is approximatly 215 feet from Coppell Montessori Academy which is located on Fitness Court.
Staff recommends approval.
%cafeportobello
AI COHO1 IC I Ullll L-,u,-r, (IILVV-.,
x.BkvERbGE = =COMMISSK)N - - APPLICATION FOR RETAILER% PERMIT OR LICENSE
LATE FEE (RENEWAL ONLY) ISSUE DATE FEE
BG WINE AND BEER RETAILER'S PERMIT
SURCHARGE
Registry NO.
BE BEER RETAIL DEALER'S ON-PREMISE LICENSE PS PACKAGE STORE TASTING PERMIT
BQ WINE AND BEER RETAILER'S OFF-PREMISE PERMIT N PRIVATE CLUB REGISTRATION PERMIT
BF BEER RETAIL DEALER'S OFF-PREMISE LICENSE NB PRIVATE CLUB BEER AND WINE PERMIT
BL RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE NE PRIVATE CLUB EXEMPTION CERTIFICATE PERMIT
BP BREWPUB LICENSE NL PRIVATE CLUB LATE HOURS PERMIT
V WINE 8 BEER RETAILER'S PERMIT FOR EXCURSION BOATS [X) PE BEVERACIE CARTAGE PERMIT
Y WINE 8 BEER RETAILER'S PERMIT FOR RAILWAY DINING CAR MB MIXED BEVERAGE PERMIT .- ,
P PACKAGE STORE PERMIT LB MIXED BEVERAGE LATE HOURS PERMIT
Q WINE-ONLY PACKAGE STORE PERMIT MI MINIBAR PERMIT
LP LOCAL DISTRIBUTOR'S PERMIT CB CATERER'S PERMIT
USE TABC ONLY
FUNC. CODE
BUS. TYPE
TRADE
CODE
WINE n FOR
EGBQ
CITY CODE
COUNN CODE
PIC CODE
E LOCAL CARTAGE PERMIT [X) FB FOOD AND BEVERAGE CERTIFICATE
ET LOCAL CARTAGE TRANSFER PERMIT [XI RM MIXED BEVERAGE RESTAURANT PERMIT WITH FB
B. Application is for: [XI Original Renewal Renewal Change Change of
C. If renewal or change, enter licenselpermit no(s).
D. If applying for subordinate only, enter primary licenselpermit no.
2A. Applicant is:
Limited Partnership
Limited Liability Partnership
Limited Liability Company
B. Indicate primary business at this location:
[X) 01-Restaurant 06-GrocerylMarket
02-Bar 07-Liquor Store
03-Sexually Oriented 08-Gas Station
OCSporting Arena, Civic Center, Hotel 10-Pari-mutuel Wagering
05-Miscellaneous 11-Convenience Store with Gas
12-Convenience Store without Gas
Unincorporated Association of Persons (Private Clubs Only)
ployees to attend an agency-approved seller training course? ............... 2 C. (XI Yes No
D. Is live music featured two or more times per week? ................................................................ D. Yes [XI No
E. Has the proposed licensed location been reviewed for compliance with Title Ill of the Americans with
Disabilities Act of 19907 E. [XI Yes No ...................................................................................................
F. Does the applicant own the land and building at the proposed licensed location? ............ ..! ...... ..,. F. Yes [XI No
G. If location has not been licensed within the last 24 months for on-premise consumption of alcohollc
beverages, indicate date sign was posted ............................................................... r. ............ G. NIA.
3. Trade Name of Business
Cafe Portobello
4. Address or Location
110 W. 'Sandy Lake Rd., #I 12
County
Dallas
City
9462 N. Macarthur Blvd. Irving
State
TX
State
TX
ZIP Code (9 Digits)
75019 - 2529
ZIP Code (9 Digits)
75063 - 4792
6. Area Code + Business Phone No.
( 972 ) 412 - 1055
Area Code + Alternate Phone No.
( 214 ) 535 -7933
Applipant's E-Mail Address (optional)
7A. Full Legal Name of Individual (Last, First, Middle)
Nexhat (Nmn)
Date of Birth-MMIDDNWY
10 1 12 1 1962
Social Security Number
639 - 66 - 4196
Residential Address
534 Rain Tree
B. Has the person named in 7A above been a legal resident of Texas for one year immediateJy preceding
.................................................................................................. the filing of this application? 7B. (XIYes No
Issuing State and Driver's License Number
TX 18184049
Cly
Coppell
State
TX
ZIP Code (9 Digits)
75019 - 2930
TW..CITY.OC CIW OF Coppell COPFELL Application For Alcoholic Beverage Variance
APPLICATION FOR (CHECK ONE):
WINE AND BEER RETAILER'S OFF-PREMISE PERMJT 6 MIXED BEVERAGE RESTAURANT PERMIT WITE FB
NAME OF ESTABLISHMENT.
LOCATION OF ESTABLISHM
Legal Dpscrip;tion, - ,
\ . .
Phone Number
Sec. 6-16-2 General Requirements.
k The sale of beer in residential areas or within residential zoning dishicts is prohibited
B. Where othenvise allowed, the legal sale of alcoholic beverages as pennitled for on-premise or off-premise consumption shall not
occur after 12 midnight or before 7 am except for on Sunday where such legal sale shall not oaw after 12 midnight or befae 12 noon.
C. Alcoholic beverage8 shall not be sold by a dealer whose place of business is within 300 feet ofa chumh, public or private school or
public hospital. This SuMon does not apply to the holder of
1. A license or parnit who also holds a food and beverage dcate covering a premise that is located within 300 feet of a
private school; or
2. A license or pennit covering a premise where minors are phi'bitcd fmn entering under Sedion 109.53 on
Alcoholic Beveraee Code. as amended, and that is located within 300 of a private school.
D. A private school may request fimn the governing body of the city of Coppel1 that sales be prohibited within one thouad
feet (1.000') of the property of said school.
E. The measurement of the distance betwem the place of business where alcoholic beverages are sold and the church or public hospital
shallbealongthepropertylintsofthestreetfrontolndfrom~doortofrontdoa,andindirecrlioeacnrms~~~.
E The measuremd of the dii between the place of business where alcoholic beverages are sold and the public or private school
shall be:
1. in a di line h the property line of the public or private school to the propetty line of the place of business, and in a
direct line aaoss inhaediolrs; or
2. if the permit or license holder is located on or above the fa story afa multislmy building in a did li hm the property
Line ofthe public orprivate schooltothe propedy line ofthe place ofbusiness,inadidliacmssintmections, acd
vertically up the building at the prop@ line to the hse ofthe floor on which the permit or licznse holder is located.
G. Every applicant for an original alcoholic beverage licenee or pennit for a ldoo with a door by which the public may mter the
place of busii aftbe applicant that is within 1.000 feet of the neareat pmpaty line ofa public or private school, measured along stmt Li and
directly aaorn, intersedions, must give writlen notice of the application to oflicials ofthe public or private school before filing the application with
the -w Conmimion A copy of the dce must be submitted to the dim with the application This subsection does
not apply to a permit or liceme covering a premiee when miaols are prohib'i fiwn estering the premises.
H. The Cii Council may after a Public Hearing and a publication of a dm ten (10) days prior to the Hearing in the official Ci
newspaper, allow variances to the regulation if it determines that olfacanent of the replation in a particular hstance is not in the beat idemit of
the public. waste or ineflicieat use of land or oh resources, ueatea an undue hPtdship on an applicant for a license or pennit, does not
serve its intended purpose, is not effective or flecessary, or for any other reason, after amsideadon of the health, safety, and welfare ofthe public
and the equities ofthe situation, determines is ln the best intemi ofthe anmnunity.
Sec 6-16-3 Day Cares 1 Child Care Facilities.
Provisions of Section 6-16-2 relating to a public Bcbool oleo apply to a day-care cater acd a child-care facility as those lenns are
defined by Section 42.002. Hum Resources Code for a permit or license holder under Chapter 25.28.32.69. or 74 who Qes not hold a food or
beverage certificate. This Subsection does not apply to a permit or li- holder who sells aloohoLic bevarges iE.
1. The permit or license holder and the day-care center or child-care facility are located on diierent stories of a multistory
building or
2. the pennit or license holder and the day- center or child-care hili are located in separate buildings and either the
permit or license holder or the daycare center or child-care facility is located on the second story or higher of a multistory
building."
NOTICE OF PUBLIC HEARING
The City Council of the city of Coppell will hold a public hearing on Tuesday, the 28th
day of August, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of
considering a variance filed by Nexhat “Johnny” Ceka (Café Portobello) who has
submitted an application for Mixed Beverage Restaurant permit with FB at 110 W. Sandy
Lake Road, #112, which address falls within 300 feet of a public or private school or day
care center. Any citizen of the City or other party of interest may also express his or her
opinion concerning this request by letter addressed to the city of Coppell City Secretary
Department, 255 Parkway Boulevard, Coppell, TX 75019
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The city of Coppell acknowledges its responsibility to comply with the Americans with
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the city of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY,TX, 1-800-735-2989).
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
NINETY (90’) FEET TO CAFÉ PORTOBELLO, LOCATED AT 110
WEST SANDY LAKE ROAD, # 112, COPPELL, TEXAS, AS
PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF
ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Café Portobello (hereinafter, “Applicant”) is located within 300 feet of
a church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or creates an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of ninety (90’) feet shall be granted to Café
Portobello, located at 110 West Sandy Lake Road, #112, Coppell, Dallas County, Texas, as
provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMMISSION or its successor.
1
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 28th
day of August, 2007.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 8/13/07)
2
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:
Finance
August 28, 2007
13
✔
PUBLIC HEARING
To receive public comment concerning the Proposed 2007-2008 Municipal Budget.
Pursuant to the City Charter, a public hearing will be conducted by the City Council of the City of Coppell, Texas, to
receive public comment concerning the Proposed 2007-2008 Municipal Budget. At this hearing, taxpayers must have
the opportunity to express their views on the proposed budget.
$PHBudget-1AR
NOTICE OF PUBLIC HEARING
PROPOSED 2007-2008
MUNICIPAL BUDGET
A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to
receive public comment concerning the Proposed 2007-2008 Municipal Budget. This budget will
raise more total property taxes than last year’s budget by $2,437,699 or 9.04 percent, and of that
amount $808,433 is tax revenue to be raised from new property added to the tax roll this year.
The Public Hearing will be held on August 28, 2007 at 7:00 p.m. in the Council Chambers at the
City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will
be on file for public view in the office of the City Secretary at City Hall, and at the William T.
Cozby Public Library, 177 N. Heartz Road, Coppell, Texas 75019.
PUBLIC NOTICE STATEMENT
FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special
services (i.e. sign interpretative services, alternative audio/visual devices and amanuenses) for
participation in or access to the City of Coppell sponsored public programs, services and/or
meetings, the City requests that individuals make requests for these services forty-eight (48)
hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact
Vivyon V. Bowman, ADA.
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:
Finance
August 28, 2007
14
✔
PUBLIC HEARING
To receive public comment concerning the proposed 2007-2008 tax rate of 0.64146.
Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice-and-hearing
limit, the taxing unit’s governing body must hold two (2) public hearings on the proposal. At these hearings, taxpayers
must have the opportunity to express their views on the proposed increase. The governing body may not adopt the
tax rate at these hearings; and, must announce the date and time of the meeting at which it will vote on the tax rate.
The meeting to adopt the 2007 tax rate must be at least three (3) days but no more than fourteen (14) days after the
public hearing.
$PH2TaxRate-1AR
Notice of Public Hearing on Tax Increase
The CITY OF COPPELL will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in
the preceding tax year by 4.42 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax
calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease,
depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and
the tax rate that is adopted.
The public hearing will be held on August 14, 2007 at 7:00 PM and August 28, 2007 at 7:00 PM at TOWN CENTER, 255
PARKWAY BLVD., COPPELL, TEXAS.
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR: TIM BRACHEAU JAYNE PETERS
BRIANNA HINOJOSA-FLORES MARSHA TUNNELL
BILLY FAUGHT MARVIN FRANKLIN
BILL YORK
AGAINST: NONE
PRESENT and not voting: NONE
ABSENT: NONE
Comparison of Proposed Budget with Last Year's Budget
The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the
amount budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure
categories:
Maintenance and operations (0.23)%(decrease)
Debt service increase12.50%
Total expenditures increase 1.62%
Total Appraised Value and Total Taxable Value
as calculated under section 26.04, Tax Code
Preceding Tax Year
$5,194,379,741
$4,247,609,166
$79,576,047
$79,576,047
Current Tax Year
$5,562,904,020
$4,631,471,179
$126,030,082
$126,030,082
Total appraised value* of all property
Total taxable value*** of all property
Total taxable value*** of new property**
Total appraised value* of new property**
Total amount of outstanding and unpaid bonded indebtedness $57,705,036
Bonded Indebtedness
Adopted tax rate for the preceding tax year
Proposed tax rate for the current tax year
Difference in the proposed tax rate and the adopted tax rate for the preceding tax year
Percentage increase or decrease in the proposed tax rate and the adopted tax rate
for the preceding tax year
Tax Rates
$0.641460
$0.641460
$0.000000
0.00 %Increase
per $100 in value
per $100 in value
per $100 in value
These tax rate figures are not adjusted for changes in the taxable value of property.
Comparison of Residence Homestead Values
Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current
tax year.
Current Tax Year
$277,999
$13,900
Preceding Tax Year
$267,245
$13,362
Average residence homestead appraised value
Homestead exemption amount for the taxing unit
(excluding special exemptions for persons 65 years of age or older or disabled)
Average taxable value of a residence homestead $253,883 $264,099
(excluding special exemptions for persons 65 years of age or older or disabled)
Comparison of Residence Homestead Taxes
The taxes that would have been imposed in the preceding tax year on a residence homestead at the average appraised value
(excluding special exemptions for persons 65 years of age or older or disabled) are estimated to be $1,628.56. The taxes that would
be imposed in the current tax year on a residence homestead appraised at the average appraised value in the current tax year
(excluding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are estimated to
be $1,694.09. The difference between the amount of taxes on the average residence homestead in the current tax year, if the
proposed tax rate is adopted, and the preceding tax year would be an increase of $65.53 in taxes.
* "Appraised value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code.
** "New property" is defined by Section 26.012(17), Tax Code.
*** "Taxable value" is defined by Section 1.04(10), Tax Code.
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:
Finance
August 28, 2007
15
✔
ORDINANCE
Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No.
2006-1135, the budget for Fiscal Year October 1, 2006 through September 30, 2007, and authorizing the Mayor to sign.
This amendment is being brought forward to reflect changes experienced to date for Fiscal Year 2006-2007. See
attached memorandum.
Staff recommends approval.
$BudAmend-1AR
MEMORANDUM
Date: August 28, 2007
To: Mayor and Council
From: Jennifer Armstrong, Director of Finance
Via: Clay Phillips, Deputy City Manager
Subject: Budget Amendment - Fiscal Year 2006-07
This budget amendment is being brought forward to reflect items that have been brought before
Council and changes experienced to date for fiscal year 2006-2007.
General Fund
General Fund revenues are being increased $6,450,129. This increase is associated with
increased property tax collections ($555,945), sales tax ($1,613,569), franchise taxes ($945,051),
interest earnings ($500,000), building permits ($250,000) and the transfer from CRDC in the
amount of ($2,325,000). The remaining funding is from the various other accounts.
General Fund expenditures are being increased $1,145,400. $104,000 is for an economic
development incentive, $25,000 is for the cemetery consultant, and the transfer to Debt Service
in the amount of $610,000 for the principal interest associated with the 2006 bond issue. Legal
fees are being increased $300,000. City Administration is being increased for the retention
incentive agreements. Information Services is being amended for a grant that was received to
purchase computers in the Library. Parks is being amended for the emergency repair to the trail
bridge at Andrew Brown Park East.
Water and Sewer Fund
Water Fund Revenues are being decreased $1,310,151. This is associated with the decrease in
Water Sales revenue. Expenses are also being decreased associated with the decrease in water
sales. Utility Operations is being increased for repainting of a water tower.
Child Safety Fund
The decrease in revenues is due to a reduction in revenue associated with school zone tickets.
Police Special Revenue Fund
Revenues are being amended to reflect grants, donations and forfeitures that have been received.
The expenditures are those associated with the purchase of the SWAT Vehicle, special projects
such as National Night Out, body armor and the purchase of a copier for the OCU in the Police
Department.
2
Parks Special Revenue
The revenues are being amended to reflect the collection of park fees.
Tree Preservation Fund
Revenues are being increased for income actually received. Expenditures are for planting of
trees.
Debt Service Fund
Revenues are being increased due to increased property tax collections and the transfer from
General Fund for the 2006 bond issue.
Infrastructure Maintenance Fund
Revenues are being amended to reflect increased interest earnings. Expenditures are for facility
maintenance and additional sidewalk replacement.
Self-Insurance Fund
This fund is being amended to reflect anticipated premiums and claims.
Drainage Fund
Revenues are being amended to reflect the increase in interest earnings.
Historic Preservation Fund
Revenues are being amended to reflect the increase in interest earnings.
Donations – Special Revenue
Revenues are being amended to reflect grants received by Run, Refresh, Recycle Project and
Recycling Promotion in Motion... Expenditures are being amended to reflect costs associated
with the Library, Fire and Keep Coppell Beautiful.
Recreational Programs Fund
Revenues are being amended to reflect the increase in interest earnings and donations received.
C.E.D.C. Special Revenue
Revenues are being amended to reflect the anticipated increase in interest earnings ($50,000) and
the increase in sales tax revenue as well as receipt of a sales tax recovery.
3
Municipal Court Special Revenue
Expenditures are being amended to reflect overtime costs related to court operations.
C.R.D.C. Special Revenue
The revenues are being amended for additional interest income ($175,000) and the increase in
sales tax. Expenditures are being amended to reflect costs associated with the transfer to General
Fund that will be used for maintenance of the facilities constructed by CRDC Fund.
C.R.D.C. Debt Service
Revenues are being amended to reflect the increase in interest earnings.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE
BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007;
PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE
WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2006, file with the
City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and
WHEREAS, the City Council of the City of Coppell approved said budget on the 12th day of September, 2006,
and
WHEREAS, the governing body of the City has this date considered an amendment to said budget;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Section No. 2 of Ordinance No. 2006-1135, for the 2006-07 Fiscal Year Budget, is hereby
amended as follows:
General Fund Current Budget Amending Budget Change
Revenues $38,159,806 $44,609,935 $6,450,129
Expenditures
Combined Services 2,188,375 2,932,375 744,000
City Management 729,247 759,247 30,000
Legal 1,321,360 1,621,360 300,000
Information Systems 1,614,554 1,649,554 35,000
Parks 1,125,447 1,161,847 36,400
Total Expenditures 1,145,400
Decrease in Designated Fund Balance 0
Net Expenditure Increase 1,145,400
Net Increase in Undesignated Fund Balance $5,304,729
Water/Sewer Fund Current Budget Amending Budget Change
Revenues 14,408,761 13,098,610 ($1,310,151)
Expenses
Direct Cost of Water 4,164,097 3,850,000 (314,097)
Direct Cost of Sewer 1,724,567 1,550,000 (174,567)
Utility Operations 1,725,892 1,845,892 120,000
Decrease in Expenses (368,664)
Net Decrease in Projected Retained Earnings ($941,487)
Child Safety Current Budget Amending Budget Change
Revenues $20,750 $11,500 ($9,250)
Net Decrease in Projected Fund Balance $9,250
Police Spec. Rev. Fund Current Budget Amending Budget Change
Revenues $385,075 $523,147 $138,072
Expenditures 142,400 235,159 $92,759
Net Increase in Projected Fund Balance $45,313
Parks Special Revenue Current Budget Amending Budget Change
Revenues $8,000 $10,570 $2,570
Net Increase in Projected Fund Balance $2,570
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $12,000 $30,500 $18,500
Expenditures 49,164 63,545 14,381
Net Increase in Projected Fund Balance $4,119
Debt Service Fund Current Budget Amending Budget Change
Revenues $7,032,705 $7,803,965 $771,260
Net Increase in Projected Fund Balance $771,260
Infrastructure Maint. Fund Current Budget Amending Budget Change
Revenues $1,135,155 $1,221,310 $86,155
Expenditures $1,256,376 $1,301,964 $45,588
Net Increase Projected Fund Balance $40,567
Self Funded Health Plan Current Budget Amending Budget Change
Revenues $2,719,048 $2,730,109 $11,061
Expenditures $2,469,048 $2,851,067 $382,019
Net Decrease in Retained Earnings $370,958
Municipal Drainage Fund Current Budget Amending Budget Change
Revenues $229,200 $235,000 $5,800
Net Increase in Projected Fund Balance $5,800
Historic Preservation Current Budget Amending Budget Change
Revenues $252,000 254,000 $2,000
Net Increase in Projected Fund Balance $2,000
Donations-Special Revenue Current Budget Amending Budget Change
Revenues $43,925 $66,800 $22,875
Expenditures 60,630 78,000 17,370
Net Increase in Projected Fund Balance $5,505
Recreational Programs Current Budget Amending Budget Change
Revenues $338,000 $362,500 $24,500
Net Increase in Projected Fund Balance $24,500
C.E.D.C. Special Revenue Current Budget Amending Budget Change
Revenues $4,800,000 $5,531,785 $731,785
Net Increase in Projected Fund Balance $731,785
Municipal Court Spec. Rev. Current Budget Amending Budget Change
Expenditures 0 $500 $500
Net Decrease in Projected Fund Balance $500
CRDC Special Revenue Current Budget Amending Budget Change
Revenues $3,829,630 $4,756,785 $927,155
Expenditures 441,816 2,772,512 $2,330,696
Net Decrease in Projected Fund Balance $1,403,541
CRDC Debt Service Fund Current Budget Amending Budget Change
Revenues $772,370 $780,370 $8,000
Net Increase in Projected Fund Balance $8,000
SECTION 2. EFFECTIVE DATE.
That this ordinance shall become effective immediately from and after its passage as the law and charter in such
cases provide.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of August, 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:
ȱȱ
Engineering
August 28, 2007
16
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Engineering Services Contract with Freese and Nichols, Inc. to provide professional
engineering and design services for the South Coppell Road Infrastructure Improvements (from Bethel Road to
Southwestern Boulevard), Project #ST 07-02; in an amount not to exceed $164,100.00; as provided for in CIP funds;
and authorizing the City Manager to sign.
Approval of this agreement will allow the city to move forward with the design for Coppell Road South.
Staff recommends approval of the contract agreement with Freese and Nichols, Inc. and will be available to answer
any questions at the Council meeting.
Staff recommends approval of the contract with Freese and Nichols,
Inc.
#Coppell Rd South Design Contr
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: August 24, 2007
REF: Consider approval of an Engineering Services Contract with Freese and
Nichols, Inc. to provide professional engineering and design services for the
South Coppell Road Infrastructure Improvements (from Bethel Road to
Southwestern Boulevard), Project #ST 07-02; in an amount not to exceed
$164,100.00; as provided for in CIP funds; and authorizing the City Manager
to sign.
The agenda item this evening is to award a design contract to Freese & Nichols for the design of
South Coppell Road from Bethel Road to Southwestern Boulevard. The design of South Coppell
Road will have several characteristics that are also found in the design of Bethel Road through
the old part of Coppell. Therefore, we approached the same design consultant that designed
Bethel Road to provide a proposal for design services on Coppell Road. Several years ago we
also broke out a portion of Coppell Road between Bethel and Cooper Lane so Freese & Nichols
could design it, again to keep the continuity of design the same through sections of Old Town.
South Coppell Road currently exists as a two-lane asphalt county-type road with bar ditches on
both sides. Coppell Road will be rebuilt as a 37-foot concrete street with head-in parking on
both sides starting about 400 feet south of Bethel Road and ending north of Burns Street. Staff
recommends approval of entering into a contract with Freese & Nichols, Inc. in the amount of
$164,100.00 for the design of South Coppell Road from Bethel Road to Southwestern Boulevard.
Staff will be available to answer any questions at the Council meeting.
1 INCH = FT.
0 300
300
150
Proposed Improvements
Coppell Road S Re-Construction
City of Coppell Project ST07-02
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-02
Created on: 01 Aug 2007 by Scott Latta
AREA OF PROPOSED
IMPROVEMENTS
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
CITY OF COPPELL §
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as
"Contract," made, entered into and executed this the _______day of ______________, 2007, by
and between the City of Coppell acting by and through the City Manager with approval of the City
Council hereinafter referred to as "City", and Freese and Nichols, Inc., hereinafter referred to as
"Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services", in connection with the
SOUTH COPPELL ROAD INFRASTRUCTURE IMPROVEMENTS
(from Bethel Rd. to Southwestern Blvd.) PROJECT #ST 07-02
hereinafter referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic Services,
Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by
reference; and
Page 2
WHEREAS, this contract shall be administered on behalf of the City by its City Engineer
or his duly authorized representative. The Engineer shall fully comply with any and all
instructions from said City Engineer.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection
with the Project as defined herein, and for having rendered such Services the City agrees to pay to
the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be
performed under the direct supervision of the City Engineer.
1. Scope of Services,
A. Basic Services: The work tasks and activities to be performed and deliverable to be
provided by the Engineer shall be in accordance with Attachment A, Scope of
Services, including modifications to the Basic Services as mutually agreed to by the
City and the Engineer in accordance with the provisions of this Contract.
B. Additional Services Not Included In Basic Services: When mutually agreed to in
writing by the City and the Engineer, the Additional Services shall be provided by
the Engineer. These Additional Services are not included as a part of Basic
Services and shall be paid for by the City in addition to payment for Basic
Services. Should it be determined that one or more of the requirements of this
Contract conflict with the requirements of the Scope of Services, including
modifications to the Scope of Services or any attachments to this contract; the
requirement of the Contract shall govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the
major Project tasks, the estimated consultant hours required to perform the tasks, the
percentage of the Contract budget estimated to be allocated to each task and a bar chart
schedule showing task beginning and completion dates. Significant milestones for the
Project shall be identified. At a minimum, milestones shall be provided for the three
design submittals described in Attachment A, Scope of Services: Conceptual Design
Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate
(PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D,
Project Schedule which shall become a part of this Contract upon approval of the Engineer
Page 3
and the City. The Engineer shall provide to the City information to report and monitor
the design tasks within the Project Schedule by completing a "Design Progress Report" on
a form provided by the City. The Engineer shall complete and provide to the City said
report at two-week intervals.
3. Compensation.
A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this
Contract pursuant to the Fee Schedule described in Exhibit B Compensation, Scope
of Services. Basic Services Fee shall not exceed the lump sum of One Hundred
Sixty-four Thousand One Hundred Dollars ($164,100.00) provided, however, that
modifications to the Basic Services, or other conditions defined herein may
necessitate a change of Fee which shall be reduced to writing and approved by the
City or its designee.
B. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
One Hundred Sixty-four Thousand One Hundred Dollars ($164,100.00).
C. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services Part I and/or Basic Services Part II on or before the twenty
fifth (25th) calendar day of the month, or the preceding business day if the twenty
fifth occurs on a weekend and/or observed holiday. Payment shall be based on the
invoices submitted to the City, provided that Services completed as indicated in the
Design Progress Reports approved by the City equals or exceeds the increment
percentage requested on the Engineer's invoices. Engineer's invoices to City
shall provide complete information and documentation to substantiate Engineer's
charges and shall be in a form to be specified by the City Engineer. Should
additional documentation be requested by the City Engineer the Engineer shall
comply promptly with such request.
D. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one
payment to the Engineer per month. City reserves the right to correct any error
that may be discovered in any invoice whether paid to the Engineer or not, and to
withhold the funds requested by the Engineer relative to the error.
4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
Page 4
specific written authorization from the City. The written authorization for additional
Services shall be in the form of a Modification to the Scope of Services approved by the
City Engineer and/or the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may
initiate a written request for a Modification to the Scope of Services when in the opinion of
the requesting Party, the needs and conditions of the Project warrant a modification. Upon
the receipt of a request by either Party, the Engineer and the City Engineer shall review
the conditions associated with the request and determine the necessity of a modification.
When the Parties agree that a modification is warranted, the Engineer and the City
Engineer shall negotiate the specific modification(s) and any changes in the Total
Maximum Fee or Project Schedule resulting from the modification(s). Approval of a
modification shall be in the form of a written Modification to the Scope of Services which
clearly defines the changes to the previously approved Scope of Services, Fee and/or
Project Schedule. Said written Modification shall be approved by Engineer, authorized by
the City Council, if required, and issued by the City Engineer. Issuance of the approved
Scope of Services modification shall constitute a notice to proceed with the Project in
accordance with the modified Scope of Services. The City Engineer may issue written
Modifications to the Scope of Services without prior approval of the City Council when the
modifications are to be accomplished within the authorized Total Maximum Fee and do not
materially or substantively alter the overall scope of the Project, the Project Schedule or
the Services provided by the Engineer.
6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services,
the Engineer shall provide the City with one set of reproducibles, one set of bluelines or
hard copy and electronic media of the submittal documents. For any required
environmental assessment, the Engineer shall provide one set of draft and one set of final
Environmental Reports. The Environmental Reports shall be submitted as original
reproducibles and on electronic media. The electronic file may omit photographs and
government prepared maps. If photographs are included in the report they shall be taken
with a 35 mm camera or larger format camera. Color laser copies may be substituted for
the original photographs in the final report.
A transmittal letter shall be included with the Environmental Reports and shall include an
executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.)
Recommendations; and d.) Mitigation/remediation cost estimates.
7. Project Control. It is understood and agreed that all Services shall be performed under
the administrative direction of the City Engineer. No Services shall be performed under
this Contract until a written Notice to Proceed is issued to the Engineer by the City
Engineer. In addition, the Engineer shall not proceed with any Services after the
completion and delivery to the City of the Conceptual Design Submittal, Preliminary
Design Submittal, or the Final PS&E Submittal as described in the Basic Services without
Page 5
written instruction from the City. The Engineer shall not be compensated for any
Services performed after the said submittals and before receipt of City's written instruction
to proceed.
8. Partnering. The City shall encourage participation in a partnering process that involves
the City, Engineer and his or her sub-consultants, and other supporting jurisdictions
and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and
continue for the duration of this Contract. By engaging in partnering, the parties do not
intend to create a legal partnership, to create additional contractual relationships, or to in
any way alter the legal relationship which otherwise exists between the City and the
Engineer. The partnering effort shall be structured to draw on the strengths of each
organization to identify and achieve reciprocal goals. The objectives of partnering are
effective and efficient contract performance and completion of the Project within budget,
on schedule, in accordance with the Scope of Services, and without litigation. Participation
in partnering shall be totally voluntary and all participants shall have equal status.
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this
Contract between the Parties hereto. In the event the City Engineer and the Engineer are
unable to reach acceptable resolution of disputes concerning the Scope of Services to be
performed under this Contract, the City and the Engineer shall negotiate in good faith
toward resolving such disputes. The City Engineer may present unresolved disputes
arising under the terms of this Contract to the City Manager or designee. The decision of
the City Manager or designee shall be final and binding. An irreconcilable or unresolved
dispute shall be considered a violation or breach of contract terms by the Engineer and
shall be grounds for termination. Any increased cost incurred by the City arising from such
termination shall be paid by the Engineer.
10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all
engineering documents and engineering data prepared under the supervision of the
Engineer in the performance of this Contract.
11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall
not constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of
their designs, working drawings, tracings, magnetic media and/or computer disks,
estimates, specifications, investigations, studies or other documents and work; nor shall
such approval be deemed to be an assumption of such responsibility by the City for any
defect, error or omission in the design, working drawings, tracings, magnetic media and/or
computer disks, estimates specifications, investigations, studies or other documents
prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer
shall indemnify City for damages resulting from such defects, errors or omissions and
shall secure, pay for and maintain in force during the term of this Contract sufficient errors
and omissions insurance in the amount of $250,000.00 single limit, with certificates
Page 6
evidencing such coverage to be provided to the City. The redesign of any defective work
shall be the sole responsibility and expense of the Engineer. Any work constructed, found
to be in error because of the Engineer's design, shall be removed, replaced, corrected or
otherwise resolved at the sole responsibility and expense of the Engineer. The parties
further agree that this liability provision shall meet the requirements of the express
negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this
provision is conspicuous.
12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of
Coppell, its officers, agents and employees from any loss, damage, liability or expense,
including attorney fees, on account of damage to property and injuries, including death, to
all persons, including employees of Engineer or any associate consultant, which may arise
from any errors, omissions or negligent act on the part of Engineer, its employees, agents,
consultants or subcontractors, in performance of this Contract, or any breach of any
obligation under this Contract. It is further understood that it is not the intention of the
parties hereto to create liability for the benefit of third parties, but that this agreement shall
be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to the
Engineer's failure to perform in these circumstances, the City may withhold, to the extent
of such damage, Engineer's payments hereunder without waiver of any of City's
additional legal rights or remedies. The Engineer shall not be responsible for delays
associated with review periods by the City in excess of the agreed Project Schedule.
14. Termination of Contract. It is agreed that the City or the Engineer may cancel or
terminate this Contract for convenience upon fifteen (15) days written notice to the other.
Immediately upon receipt of notice of such cancellation from either party to the other, all
Services being performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
the basis of the percentage of Services provided prior to the receipt of notice of such
termination and indicated in the final Design Progress Report submitted by the Engineer
and approved by the City.
15. Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
Page 7
appropriately licensed or certified as required by law, and who are competent and qualified
in their respective trades or professions.
16. Quality Control. The Engineer agrees to maintain written quality control procedures.
The Engineer further agrees to follow those procedures to the extent that, in the
Engineer's judgment, the procedures are appropriate under the circumstances.
17. Ownership. All Engineer's designs and work product under this Contract, including but
not limited to tracings, drawings, electronic or magnetic media and/or computer disks,
estimates, specifications, investigations, studies and other documents, completed or
partially completed, shall be the property of the City to be used as City desires, without
restriction; and Engineer specifically waives and releases any proprietary rights or
ownership claims therein and is relieved of liability connected with any future use by City.
Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to such documents while they are in the possession of or while being worked upon
by the Engineer or anyone connected with the Engineer, including agents, employees,
consultants or subcontractors. All documents so lost or damaged while they are in the
possession of or while being worked upon by the Engineer shall be replaced or restored by
Engineer without cost to the City.
18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary
action to ensure that, in connection with any work under this Contract it shall not
discriminate in the treatment or employment of any individual or groups of individuals on
the grounds of race, color, religion, national origin, age, sex or physical impairment
unrelated to experience, qualifications or job performance, either directly, indirectly or
through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under any
circumstances, seek or accept, directly or indirectly from any individual doing or seeking
to do business with the City of Coppell, loans, services, payments, entertainment, trips,
money in any amount, or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to exercise
any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party
of any of its rights or remedies at law or contract.
Page 8
22. Compliance with Laws. The Engineer shall comply with all Federal, State and local
laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any
courts, or administrative bodies or tribunal in any matter affecting the performance of this
Contract, including without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations.
When required, Engineer shall furnish the City with satisfactory proof of compliance
therewith.
23. Severability. In case one or more of the provisions contained in this Contract shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall
apply and venue shall reside in Dallas County.
25. Prior Negotiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
Page 9
27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such
Party at the following respective addresses:
City: City of Coppell, Texas
255 Parkway Blvd.
Coppell Texas 75019
Ken Griffin, P.E., Director of Engineering
Engineer: Freese and Nichols, Inc.
1701 N. Market Street, Suite 500
Dallas, Texas 75202
Attn: B. Caleb Thornhill, P.E.
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL FREESE AND NICHOLS, INC.
BY: BY:
______________________ ______________________________
Mayor Name & Title
Date: __________________ Date:_________________________
ATTEST: ATTEST:
_______________________ ______________________________
(CORPORATE SEAL)
Page 10
ATTACHMENT "A" BASIC SERVICES
(To be modified for Project Specific Services)
The Engineer agrees to render services necessary for the development and completion the
Project as outlined herein. The Basic Services to be performed by Engineer under this
Contract include the following:
A. SCHEMATIC DESIGN
1. When requested by the City, the Engineer shall attend preliminary conferences with
authorized representatives of the City regarding the project and such other conferences as
may be necessary in the opinion of the City so that the plans and specifications which are
to be developed hereunder by the Engineer, will result in providing facilities which are
economical in design and conform to instruction from the City.
2. The Engineer shall attend such conferences with officials of other agencies including other
engineering and/or surveying firms under contract with the City, as may be necessary in
the opinion of the City for coordination of the proposed paving and related improvements
with the requirements of such other agencies. It shall be the Engineer’s duty hereunder to
secure necessary information from such agencies.
3. The Engineer shall advise the City with regard to the necessity for subcontract work such
as special surveys, tests, test borings, or other subsurface investigations in connection with
design and engineering work to be performed hereunder. The Engineer shall also advise
the City concerning the results of same. Such surveys, tests, and investigations shall be
made only upon authorization by and at the expense of the City.
4. During the schematic design phase the Engineer shall coordinate with all utilities as to any
proposed utility lines or the need for adjustment to the existing utility lines within the
project limits. The information obtained shall be shown on the schematic plans and
addressed in the schematic design report. The Engineer shall show on the schematic,
preliminary, and final plans the location of the proposed utility lines, existing utility lines,
and any adjustments and/or relocation of the existing lines based of information provided
by the respective utility company.
5. The Engineer shall provide necessary design field surveys for his use in the preparation of
plans and specifications. The Engineer shall also provide sufficient property surveys to
prepare the necessary right-of-way document and related exhibit for acquisition of right-of-
way with use of Engineer’s documents.
Page 11
6. The Engineer shall supply construction plans to all utility companies, including but not
limited to franchised utilities and pipeline companies which have existing and proposed
facilities within the limits of the Project. The above mentioned construction plans shall
consist of the following: one set of schematic plans, one set of dated preliminary plans,
and, one set of dated and approved advertising (final) plans.
7. The Engineer shall furnish for City review two (2) copies each of the schematic
engineering plans at a scale of 1”=20’ and a written report on the project in sufficient
detail to indicate clearly the problems involved and the alternate solutions available to the
City, to include layouts, preliminary right-of-way needs, opinion of probable cost for each
alternate proposed, and the Engineer’s recommendation(s).
B. PRELIMINARY DESIGN
1. The Engineer shall meet with the City to discuss the schematic design plans and report,
and the Engineer will then proceed with preparation of the preliminary design of the
project incorporating all comments received from the City and agreed upon by both the
City and the Engineer into these plans.
2. The Engineer shall provide detailed design data, profiles, cross-sections where appropriate,
opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans
for the project to the City for review. The Engineer shall indicate on the plans the
location of existing and proposed utilities and storm drains. Storm drainage calculations
shall also be provided on the drainage layout sheet in the plans.
3. After receipt of preliminary design review comments from the City, the Engineer shall
make all corrections noted and then commence preparation of the final design plans and
specification/contract documents.
C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E)
1. Incorporating all City review comments from the preliminary design submittal, the
Engineer will complete the final plans, prepare contract documents/specifications, and a
final opinion of probable cost for the authorized construction units. This shall include
summaries of bid items and quantities, but the Engineer does not guarantee that Contractor
bids will not vary from such opinion. Each of these items (2 copies each) shall be
submitted to the City for final approval.
Page 12
2. After receipt of final plan/specifications/contract documents review comments from the
City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of
contract documents and final bid plans to the City for distribution to Contractors for
bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal,
Wage Rates, General and Special Provisions, Special Specifications, Insurance Statement,
Payment, Performance, and Maintenance Bonds, and all other required City Contract
forms.
3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or
as otherwise approved by the City Engineer, and shall become the property of the City.
City may use such drawings in any manner it desires provided, however, that the Engineer
shall not be liable for the use of such drawings for any project other than the project
described herein.
4. The Engineer shall determine the right-of-way and easement needs necessary for the
construction of the project and furnish same to City. The Engineer shall provide the
necessary land survey, Deed and Abstract Records search, right-of-way exhibit and
description of the single property parcel to be acquired for this project.
D. CONSTRUCTION ADMINISTRATION.
1. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders
for required newspaper advertising --and place notice with Texas Contractor magazine and
Dodge Report.
2. The Engineer will attend a pre-bid meeting if deemed necessary by the City.
3. The Engineer shall assist in the tabulation and review of all bids received for the
construction of the improvements, and shall make recommendations to the City concerning
these bids. At any time during the construction of this project, the Engineer shall advise
on special review shop drawings required of the Contractor by the Construction
Contract(s). Such review shall be for general conformance with the design concept and
general compliance with the plans and specifications under the Construction Contract(s).
4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will
assist in the preparation of contract documents, including contract, performance, payment,
and maintenance bonds and all other related City forms required to initiate construction on
the project(s).
Page 13
5. Engineer will arrange a pre-construction conference with City staff, Contractor(s), and all
affected utility companies.
6. Engineer will provide periodic field representation and will monitor construction progress
as often as Engineer deems necessary. However, once every two (2) weeks the Engineer
shall attend a scheduled meeting with the project inspector and the Contractor(s) to discuss
the construction progress. A written report shall be provided to the City after each of these
bi-weekly meetings.
7. Engineer will consult and advise the City regarding the need for any contract change
orders and will prepare change orders as required for City approval.
8. Engineer will be available for interpretation of plans and specifications as may be required
by the Contractor(s) in the field.
9. The Engineer will, with assistance from the City Inspector on the project(s), prepare and
process monthly and final pay requests from the Contractor(s) to the City.
10. Engineer will provide, in conjunction with the City, a final inspection of the project and
provide a “punch list” of deficient items to the Contractor(s).
11. Engineer will revise construction drawings as necessary to adequately reflect any revisions
in the construction from that which was represented on the plans and/or specifications.
Engineer will provide the City with one (1) set of mylar reproducible “Record Drawings”
within 30 days after the completion of the project including updated digital files of the new
construction for use in the City’s computerized mapping system.
Exhibit “A” Page 1 of 10
EXHIBIT A
SCOPE OF SERVICES
FOR
SOUTH COPPELL ROAD
INFRASTRUCTURE IMPROVEMENTS
PROJECT DESCRIPTION
The CITY is proposing to construct improvements including paving reconstruction, on-street parking,
storm drain system, and misc. water line connections. The South Coppell Road improvements are
limited to the area from Bethel Road to Southwestern Road.
The 8” and possibly the 2” waterlines located along South Coppell Road will be abandoned. All
connections from this waterline will tie into the existing 16” water main. The existing sanitary sewer
line will not be moved or affected as it appears to be at sufficient depth per record drawings. An
underground storm sewer system will be installed where needed to facilitate drainage of the right-of-
way and surrounding properties.
The parameters for design of the improvements shall include the following:
• Project control to be based on a local control monumentation provided by the CITY. Field surveys
will be included. Prior to construction, we will provide the initial staking of the monuments and
the proposed centerline. Three (3) permanent control points (X, Y, & Z coordinates of each) shall
be established and marked by the contractor outside of the construction limits for future reference.
• Final plan size to be 22” x 34” for reproducible copies to 11” x 17”. Scale of plans to be:
1” = 20’ Horizontal; 1” = 4’ Vertical
• Driveway replacement to be made to the property line, unless grade changes in street necessitate
more replacement.
• A construction sequencing plan shall be considered for each area of construction.
• All design work will be prepared in AutoCAD 2007, with CD’s to be furnished to the CITY upon
completion of the record drawings.
• Submittals to the CITY of work-in-progress shall be at 60%, 90%, and 100% stages for
completion. For each stage of review, two (2) full size and two (2) half-size sets of drawings will
be furnished to the CITY. Due to the fast track schedule proposed for this project, we have
prepared this proposal such that the typical 30% plan submittal is not included. We proposed
instead to conduct monthly project meetings with CITY in which the on-going plan progress will
be reviewed and design issues discussed.
• Standards and typical construction details of the CITY may be referred to in the specifications and
on the drawings.
• Parking along South Coppell Road will be laid out per exhibit, “Old Coppell – Development
Possibilities Map”, provided from the CITY. Spaces shall be designed per city standards and
requirements. CITY will be responsible for approval.
• Pavement design will be based on CITY standards as well as the geotechnical information
previously obtained by FNI for the Bethel Road project. Additional borings and analysis will not
be performed for this project unless the CITY authorizes FNI to proceed with it as an Additional
Service.
Exhibit “A” Page 2 of 10
FNI shall perform the necessary engineering and related technical services for the Design, Bidding,
and Construction Phase Services, including necessary Special Services for development of this project
according to the following sections of this agreement. The scope is divided into two design phases
including Preliminary and Final Design due to the fast track nature of the project.
TASK DESCRIPTIONS – SCOPE OF SERVICES
Basic Services
A. Preliminary Design Phase
1. Field Surveys - Survey and prepare a design/topographic survey map for an area 100
feet wide (50 feet on each side of the centerline) along South Coppell Road from Bethel
Road to Southwestern Road.
2. Pre-Design
a. Kick-off Meeting – We will meet the CITY to discuss the planning and the
design criteria, work program and schedule, procedures of communication,
basis of compensation, limits of survey, assignments of personnel, and any
other matters that may have direct or indirect effects upon the completion and
results of this project. Other work and review conferences will be scheduled
throughout the progress of the project.
b. Data Gathering - Obtain, from the CITY, all available property plats
easements, street right-of-way widths, record drawings of the existing
pavement, utilities and drainage systems, planning reports, traffic counts,
zoning ordinances and other data that may be pertinent in considering the
alignment, location, final design, and construction of the proposed
improvements.
c. Field Visits – Determine from a field reconnaissance of the project area the
general lay of the land for the paving improvements and other related
appurtenances. This general layout will first address the following:
i. Locations of existing utilities – water, gas, electric, sanitary sewer,
telephone cable, power poles, TV-cable, drainage facilities, traffic
signalization controls, lighting system, etc.
ii. Existing driveways
iii. Availability of right-of-way
iv. Access and convenience for construction operations
v. Crossing of drainage ways and structures
vi. Landscape restoration
vii. Proximity to private property improvements, i.e., fences, mail boxes,
sidewalks, etc.
Exhibit “A” Page 3 of 10
3. FNI will prepare preliminary construction plans as follows:
a. Drainage area maps with drainage calculations and hydraulic computations. A
drainage area map will be drawn from available contour maps. Calculations
regarding street and right-of-way capacities and design discharges at selected
critical locations will be provided.
b. Preliminary project plan and profile sheets showing curb lines, driveways,
sidewalks, elevations at all PVI’s and PI’s: high and low points, vertical curve
information, and pertinent AASHTO calculations. Existing found property
corners (e.g. iron pins), along the existing right-of-way shall be shown on the
plans.
c. Existing utilities and utility easements will be shown on the roadway plan and
profile sheets. FNI will coordinate with utility companies and the CITY to
ascertain what, if any, future improvements are planned that may impact the
project.
d. Horizontal and vertical control plan that locates all proposed and existing
facilities. Legal descriptions (Lot Nos., Block Nos., and Additional Names)
along with property ownership shall be provided on the plan view.
4. Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas,
telephone, and electric) locations and depths.
5. Prepare a Right-of-Way strip map indicating existing and proposed Right-of-Way along
the project limits.
6. Field-check preliminary drawings and specifications.
7. Attend monthly project coordination and design review meetings with CITY staff.
8. Present a preliminary estimate of probable construction cost and two (2) full size sets
and two (2) half-size sets of the plans and specifications to the Staff of the CITY for
review, discussions, and comment. This submittal will be at the 60% completion stage.
9. Attend one (1) public meeting to discuss the project with the residents. One objective
of the meeting will be to review the survey data to verify that all driveways are shown
and lot information is accurate. The meeting will also be used to present the conceptual
plans to the area stakeholders. Comments regarding the plans will be obtained and
reviewed to determine if modifications need to be incorporated prior to final design.
10. Submit appropriate number of copies of the plans to the utility companies for review
and comment.
B. Final Design Phase - Following CITY approval of the preliminary plans, FNI shall prepare
final plans with the following additional tasks:
Exhibit “A” Page 4 of 10
1. Prepare final cross-sections on 22” x 34” sheets. Information on these sheets will
include centerline station, profile grades and centerline elevations, roadway section
(existing and proposed), right-of-way limits. Scale will be 1” = 20” horizontal and 1” =
4’ vertical with cross sections plotted with stationing from the bottom of the sheet.
Excavation and embankment volumes and end area computations shall also be
provided.
2. Prepare a horizontal control sheet with any required easements or right-of-way shown.
3. Prepare a construction sequencing plan in accordance with CITY requirements.
4. Prepare a Storm Water Pollution Prevention Plan (SW3P) in accordance with the CITY
ordinances, TCEQ guidelines, and/or Federal requirements.
5. Finalize any necessary additional design details.
6. Attend monthly project coordination and design review meetings with CITY staff.
7. Prepare final quantity of materials and final “Opinion of Probable Construction Costs.”
8. Present two (2) full size sets and two (2) half-size sets of the final documents for the
bidding phase to the CITY for approval. This submittal will be at the 90% completion
stage.
9. Attend one (1) public meeting present the project to the stakeholders and discuss the
schedule for completion of the project.
10. FNI will submit the project plans to the state for the TAS/ADA review if necessary.
FNI will prepare the application and make the submittal. It is assumed that the CITY
will provide a check for the fee based on the construction cost per the submittal
requirements. FNI will address comments from the review and revise plans if necessary.
11. Provide updated plans for the utility companies, if necessary.
12. Meet with the CITY to discuss final review comments prior to preparing bid package.
13. Revise plans to address review comments from the CITY and other agencies affected by
the project.
14. Prepare final bid schedule, special conditions, technical specifications, proposal, and
contract documents.
15. Revise the final “Opinion of Probable Construction Costs” if necessary.
16. Present two (2) full size sets and two (2) half-size sets of the final documents for the
bidding phase to the CITY for approval. This submittal will be at the 100% completion
stage and will include a full size reproducible set of plans as well as the complete bid
documents. Anticipated sheet list as follows:
Exhibit “A” Page 5 of 10
Cover, vicinity map, sheet index
General Notes
Right-of-Way Strip Map
Typical Sections (1 sheets)
Horizontal and Vertical Control
Erosion Control (3 sheets)
Traffic Control, Sequencing, Detour (3 sheets)
Paving Plan/Profiles (5 sheets)
Drainage Area Map and Calculations (2 sheets)
Storm Drain Plan/Profiles (3 sheets)
Storm Drain Laterals (1 sheets)
Cross Sections (5 sheets)
Details (5 sheets)
C. Bid Phase
1. Coordinate the final printing of the construction plans and specifications for distribution
to the proposed bidders. FNI will verify with the CITY the number of copies to be
printed prior to proceeding with the final printing.
2. All plans, specifications, and bidding documents will be distributed from FNI’s office
for requests received by the bidders and suppliers. Payment for the plans,
specifications, and bidding documents will be retained by FNI.
3. Attend pre-bid conference, as directed by the CITY.
4. FNI shall prepare a bid tabulation sheet to be used at the bid opening. The sheet shall
contain the names of all firms that received bid packages, columns for
acknowledgement of addenda, bid bonds and base bid information.
5. Assist the CITY in securing, opening, tabulating and analyzing the bids. Issue a Notice
to Bidders to prospective contractors and vendors listed in FNI’s database of
prospective bidders, and to selective plan rooms. Provide a copy of the notice to
bidders for CITY to use in notifying construction news publications and publishing
appropriate legal notice. The cost of publication shall be paid by the CITY. FNI will
furnish recommendations on the award of the contract based on the lowest qualified
bidder. FNI will develop a complete bid tabulation package.
6. Assist the CITY in conducting a pre-bid meeting in order to field bidders’ questions and
walk the project.
7. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders
that respond to the Notice to Bidders. Furnish thirteen (13) sets of construction plans
and specification for use by the CITY and Contractor. Additional sets of plans,
specifications, and bid documents as are necessary in the receipt of bids for construction
and as are required in the execution of the construction contracts, shall be furnished by
FNI and shall be paid for by the CITY at actual cost of reproduction.
Exhibit “A” Page 6 of 10
8. Maintain information on entities that have been issued a set of bid documents.
Distribute information on plan holders to interested contractors and vendors on request.
9. Assist CITY by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders, if necessary.
10. FNI will assist CITY in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder to determine
if, based on the information available, they appear to be qualified to construct the
project. Recommend award of contracts or other actions as appropriate to be taken by
the CITY.
D. Construction Phase - Upon completion of the bid phase services, FNI will proceed with the
performance of construction phase services as described below. FNI will endeavor to protect
CITY in providing these services however, it is understood that FNI does not guarantee the
Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation
and employees. FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions and programs
relating in any way to the condition of the premises, the work of the Contractor or any
Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its
own employees or agents) at the Project site or otherwise performing any of the work of the
Project.
If general conditions other than FNI standards are used, the CITY agrees to include provisions
in the construction contract documents that will require the construction contractor to include
FNI and their subconsultants on this project to be listed as an additional insured on contractor s
insurance policies.
1. Attend Pre-Construction Conference with the CITY, the Contractor, and other interested
parties to discuss the total work program and schedule, procedures of communication,
special concerns, coordination with others, additional surveys, field testing and
inspections, assignment of personnel, and any other matters that may have a direct or in-
direct effect upon the completion and results of this improvement program.
2. Attend one (1) public meeting to introduce the Contractor to the residents and discuss
the construction schedule. The meeting will provide the residents with contact
information and allow them to ask questions regarding the construction activities.
3. Provide baseline control staking such that the Contractor(s) can establish horizontal and
vertical alignments per the drawings.
4. Provide general site visits to monitor the progress of construction. This proposal is
based on a 9-month construction period with an estimated maximum of 6 site visits
during construction. During these visits, FNI design team staff will observe the
progress and the quality of work and attempt to determine in general if the work is
proceeding in accordance with the construction contract documents. FNI will provide
Exhibit “A” Page 7 of 10
written documentation to the CITY of the site visit with observations of work and/or
any concerns. In this effort FNI will endeavor to protect the CITY against defects and
deficiencies in the work of the Contractor and will report any observed deficiencies to
the CITY. Visits to the site in excess of the specified number are an additional service.
5. Review shop and working drawings and other project related submittals furnished by
the Contractor. Notify the Contractor of non-conforming work observed during site
visits. Review quality related documents provided by the Contractor such as test
reports, equipment installation reports or other documentation required by the
construction contract documents. Rebar shop drawings will not be reviewed, they will
be used for “RECORD DATA” purposes only.
6. Interpret the drawings and specifications for the CITY and Contractor. Investigations,
analyses, and studies requested by the Contractor and approved by the CITY, for
substitutions of equipment and/or materials or deviations from the drawings and
specifications are an additional service.
7. Attend, in the company of the CITY, a final review of the Project for conformance with
the design concept of the project and general compliance with the construction contract
documents. Review and comment on the certificate of completion and the
recommendation for final payment to the Contractor. Visiting the site to review
completed work in excess of two trips is an additional service. Conduct a final review
of the Project in company with the Contractor and the CITY’s representative.
8. Revise contract drawings from information furnished by the Contractor and Resident
Project Representative, and provide one (1) Mylar set of Record Drawings to the CITY.
Record drawings will be submitted in .tif file format along with an AutoCAD format of
the plans on CD or disk.
Additional Services - The following services are beyond the scope of basic services described in the
tasks above. However, FNI can provide these services, if needed, upon the CITY’s request. Such
services will be provided in accordance with the rates presented in Exhibit A.
A. Conduct additional public meetings. The CITY may decide that additional public meetings are
necessary to assist with project relations or for informational purposes.
B. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
C. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition, and preparations therefore before any regulatory agency, court, arbitration panel or
mediator.
D. Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution of
claims disputes with Contractor(s).
Exhibit “A” Page 8 of 10
E. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any, shall be furnished
by FNI on a fee basis negotiated by the respective parties outside of and in addition to this
AGREEMENT.
F. Performing investigations, studies, and analysis of work proposed by construction contractors
to correct defective work.
G. Design, contract modifications, studies or analysis required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
H. Services required to resolve bid protests or to rebid the projects for any reason.
I. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
J. Any services required as a result of default of the contractor(s) or the failure, for any reason, of
the contractor(s) to complete the work within the contract time.
K. Providing services after the completion of the construction phase not specifically listed in
Article I.
L. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in work
sequence and plotting or reproduction costs directly attributable to an accelerated time schedule
directed by the CITY.
M. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
N. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
Exhibit “A” Page 9 of 10
COMPENSATION
A. Basic Services: Compensation to FNI for the Basic Services in Exhibit A shall be the lump sum as
itemized below:
Survey/ROW $ 16,900
Preliminary Design $ 37,200
Final Design $ 92,300
Bid Phase $ 4,200
Construction Phase $ 13,500
Total $164,100
If FNI sees the Scope of Services changing so that additional services are needed, including but not
limited to those services described as Additional Services in Exhibit A, FNI will notify OWNER for
OWNER’s approval before proceeding. Additional Services shall be computed based on the Schedule
of Charges.
B. Schedule of Charges for Additional Work:
POSITION MIN MAX
PRINCIPAL 200 260
GROUP MANAGER 200 260
SENIOR ENGINEER 155 205
ENGINEER (PE) 115 165
ENGINEER (EIT) 85 120
ELECTRICAL ENGINEER 85 170
MECHANICAL ENGINEER 70 170
ENVIRONMENTAL SCIENTIST 55 160
ARCHITECT 55 150
LANDSCAPE ARCHITECT 100 150
SR. CONSTRUCTION CONTRACT ADMINISTRATOR 105 150
CONSTRUCTION CONTRACT ADMINISTRATOR 70 115
GIS COORDINATOR 105 115
GIS ANALYST 60 90
DESIGNER 50 130
TECHNICIAN 45 100
OPERATIONS ANALYST 75 105
CONTRACT ADMINISTRATOR 65 95
WORD PROCESSING/SECRETARIAL 45 85
CO-OP 45 60
The ranges and individual salaries will be adjusted annually.
Exhibit “A” Page 10 of 10
EXPENSES
Plotting Printing
Bond $ 4.00 per plot Bluelines/Blacklines $0.55 per square foot
Color $21.50 per plot Offset and Xerox Copies/Prints $0.10 per side copy
Vellum $11.50 per plot Color Copies/Prints $0.50 per side copy
Mylar $15.00 per plot Binding $5.75 per book
Computer
Computer Usage $10.00/hour
Travel
48.5¢ per mile
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.15. They include outside
printing and reproduction expense, communication expense, travel, transportation and subsistence away
from Dallas and other miscellaneous expenses directly related to the work, including costs of laboratory
analysis, tests, and other work required to be done by independent persons other than staff members.
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:
ȱȱ
Engineering
August 28, 2007
17
✔
CONTRACT/BID or PROPOSAL
Consider approval of a Development Agreement between City of Coppell and Pritchard Associates, Inc. to construct
Creekview Drive from Bethel Road north a distance of 1000 feet (+/-) in conjunction with the construction of Bethel
Road and Bethel Business Park, Lot 1 Block A; and authorizing the City Manager to sign.
Approval of this agreement will allow for the construction of the remaining portion of Creekview Drive between Royal
Lane and Bethel Road.
Staff recommends approval of the Development Agreement between City of Coppell and Pritchard Associates, and
will be available to answer any questions at the Council meeting.
Funds for this agreement will need to be provided by Street CIP funds.
Staff recommends approval of the Development Agreement.
#Creekview Dr Dev Agree
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: August 28, 2007
REF: Consider approval of a Development Agreement between City of Coppell and
Pritchard Associates, Inc. to construct Creekview Drive from Bethel Road
north a distance of 1,000 feet (+/-) in conjunction with the construction of
Bethel Road and Bethel Business Park, Lot 1 Block A; and authorizing the
City Manager to sign.
For several months the City of Coppell has had ongoing discussions with the developer of Bethel
Business Park, Lot 1 Block A concerning the construction of Creekview Drive. Bethel Business
Park, Lot 1 Block A is the tract of land immediately west of the Cici’s Warehouse on the north
side of Bethel Road. Their development plan was recently approved by City Council. They are
dedicating half the right-of-way for the extension of Creekview Drive as part of the platting
process. The remainder of right-of-way is on property owned by Fellowship Church of Las
Colinas.
During the presentation of this development to Council there was some discussion regarding the
extension of Creekview Drive. Because of the width of Creekview Drive it would not be prudent
to have the developer build just half of the road on the west side of their property. Also, if the
developer built the full width of Creekview Drive a partial distance through their property, then
there would still be a disconnect between the two sections of Creekview Drive. Council may
recall at the Council meeting when this was discussed, I commented that when the development
was further along I would explore opportunities with the developer to complete the extension.
Currently it connects at Royal Lane, proceeds in a westerly direction for some distance, and then
turns south ending approximately 1000 feet north of Bethel Road.
There are several obstacles to bringing about the completion of Creekview Drive. One is the
acquisition of right-of-way from Fellowship Church of Las Colinas. Another is the modification
of a portion of Bethel Road, which is currently under construction, to allow for median access to
the driveway for Bethel Business Park, Lot 1 Block A and to Creekview Drive. Another obstacle
is the actual cost-sharing of the construction of the extension.
After several meetings with the developer and his engineer, the City has structured a
Development Agreement that attempts to put some burden on both parties to bring about the
completion of Creekview Drive. Paragraphs 1, 2 and 3 of the attached Development Agreement
go into greater detail. Paragraph 1 places the responsibility for acquisition of right-of-way from
Fellowship Church on the developer. It also requires the developer to dedicate right-of-way
from his own site for the construction. In Paragraph 2, the City lists considerations for the
dedication of that ROW. One is a credit for 100% of assessed Roadway Impact Fees. In
addition to that, the city would be redesigning a portion of Bethel Road to provide median
openings to the subject property and to the extension of Creekview Drive. The city would fund
the construction of a 12” waterline to connect a currently dead end waterline in Creekview Drive
to a new waterline in Bethel Road. Connecting these two waterlines will provide additional
looping of water service throughout the properties along Royal Lane. Also, the city would fund
one-half of the cost of construction of Creekview Drive and fund the cost of the new median
openings on Bethel Road. In consideration of these items being provided by the city, the
developer has agreed to cause and fund the design of Creekview Drive from Bethel Road
approximately 1000 feet north, cause and fund the design of the 12” waterline extension from
Bethel Road approximately 400 feet north, and fund one-half of the construction of Creekview
Drive.
In essence the developer is acquiring and dedicating the necessary right-of-way for Creekview
and the city is providing 100% credit for that right-of-way against future roadway impact fees.
The city is redesigning Bethel Road to provide median openings and funding those median
openings. The city is funding the construction of the 12” waterline; however the developer’s
engineer will be designing the waterline plan. The city is funding one-half of the construction
cost of Creekview Drive, and again the developer’s engineer is designing the plan.
It is anticipated that the City’s share of this Development Agreement will be approximately
$250,000 to $300,000. However that money will complete Creekview Drive and loop a 12”
waterline on the west side of Coppell. If the Development Agreement is approved by City
Council, our next approach will be to discuss with the contractor for Bethel Road the possibility
of a Change Order for the Bethel Road project that would include the extension of Creekview
Drive and the 12” waterline construction. This approach would expedite the construction of
Creekview and the waterline once it is designed. If it were designed and placed out the bid,
because of the size of the project and inaccessibility due to ongoing construction of Bethel Road,
it is conceivable that the bid would show a much higher construction cost. Also, if this
agreement is approved by City Council and we are able to work a Change Order with the Bethel
Road contractor, the Change Order could hopefully be brought before Council sometime in
September.
Staff recommends approval of the Development Agreement will be available to answer any
questions at the Council meeting.
1 INCH = FT.
0 500
500
250
Proposed Improvements
Creekview Drive Extension
Bethel Business Park
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CREEKVIEW EXT
Created on: 20 Aug 2007 by Scott Latta
AREA OF PROPOSED
IMPROVEMENTS
STATE OF TEXAS §
§
COUNTY OF DALLAS §
DEVELOPMENT AGREEMENT
This AGREEMENT is made by and between the City of Coppell, Texas, a Home Rule
City (the “CITY”), and ___________________________(the “DEVELOPER”):
RECITALS
WHEREAS, _____________________________________________ is the owner of a
light industrial tract of land located along the north side of Bethel Road, more particularly
described in Exhibit “A” attached hereto as (the “PROPERTY”); and
WHEREAS, the CITY desires to facilitate the completion of Creekview Drive from
Bethel Road north a distance of 1000 feet +/- and
WHEREAS, ___________________________________________ desires to dedicate
right-of-way from the PROPERTY and obtain necessary right of way from Fellowship of Las
Colinas, more particularly described in Exhibit “B” attached hereto, (the “RIGHT-OF-WAY”)
and provide same to the CITY and cause the construction of Creekview Drive, more particular
described in Exhibit "C" attached hereto (the "CONSTRUCTION"); and
DEVELOPMENT AGREEMENT – Page 1
WHEREAS, the dedication of the RIGHT-OF-WAY by
___________________________________ will be in lieu of the City’s purchase of the RIGHT-
OF-WAY at a future date; and
NOW THEREFORE, in consideration of ten dollars ($10.00), the mutual covenants and
other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the
parties agree as follows:
1. __________________________________________ shall dedicate or grant the
RIGHT-OF-WAY from their property to the CITY and obtain right of way from Fellowship of
Las Colinas on or before December 31, 2007.
2. Upon dedication of the RIGHT-OF-WAY, the CITY agrees to the following: a)
provide a credit in the amount of 100% (the “CREDIT”) against future roadway impact fees to
be assessed against the PROPERTY; b) cause the redesign of a portion of the Bethel Road
construction plans to provide a median opening to subject PROPERTY and a median opening for
Creekview Drive; c) fund the construction of a 12” water line from Bethel Road north a distance
of 400 feet +/-; d) fund one half of the cost of the construction of Creekview Drive from Bethel
Road north a distance of 1000 feet +/-; and e) fund the cost of the new median opening in Bethel
Road that will serve subject property and Creekview Drive.
3. Upon approval of this AGREEMENT by the City Council of the city of Coppell,
the DEVELOPER agrees to the following: a) cause the design of Creekview Drive from Bethel
Road a distance of 1000 feet +/-; b) cause the design of approximately 400 feet of 12” waterline
DEVELOPMENT AGREEMENT – Page 2
in Creekview Drive; and c) fund one half of the cost of the construction of Creekview Drive
from Bethel Road north a distance of 1000 feet +/-.
NOTICE
4. All notices required by this AGREEMENT shall be addressed to the following, or
other such other party or address as either party designates in writing, by certified mail, postage
prepaid or by hand delivery:
If intended for _____________________________________, to:
______________________________________
Attn:
______________________________________
______________________________________
If intended for CITY, to:
City of Coppell, Texas
Jim Witt, City Manager
P.O. Box 9478
Coppell, Texas 75019
DEVELOPMENT AGREEMENT – Page 3
SUCCESSORS AND ASSIGNS
5. This AGREEMENT shall be binding on and inure to the benefit of the parties to it
and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
SEVERABILITY
6. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this AGREEMENT shall be enforceable
and shall be enforced as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
GOVERNING LAW
7. The validity of this AGREEMENT and any of its terms and provisions, as well as
the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue
for any action concerning this AGREEMENT shall be in State District Court of Dallas County,
Texas.
ENTIRE AGREEMENT
8. This AGREEMENT embodies the complete agreement of the parties hereto,
superseding all oral or written, previous and contemporary agreements between the parties and
relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
AGREEMENT.
AGREEMENT RUNS WITH THE LAND
9. The provisions of this AGREEMENT are hereby declared covenants running with
the _______________________________________ and are fully binding on all successors, heirs,
DEVELOPMENT AGREEMENT – Page 4
and assigns of _______________________________________ who acquire any right, title, or
interest in or to the _________________________________________ or any part thereof. Any
person who acquires any right, title, or interest in or to the
_____________________________________, or any part hereof, thereby agrees and covenants to
abide by and fully perform the provisions of this AGREEMENT with respect to the right, title or
interest in such property.
INCORPORATION OF RECITALS
10. The determinations recited and declared in the preambles to this AGREEMENT
are hereby incorporated herein as part of this AGREEMENT.
EXHIBIT
11. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
EXECUTED in duplicate originals this the _____ day of _______________, 2007.
CITY OF COPPELL, TEXAS
By:
Jim Witt, City Manager
ATTEST:
By:
Libby Ball, City Secretary
APPROVED AS TO FORM:
By:
City Attorney
DEVELOPMENT AGREEMENT – Page 5
CITY MANAGER’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____day of _______________, 2007
by Jim Witt, City Manager of the City of Coppell, Texas, a municipal corporation, on behalf of
said corporation.
Notary Public, State of Texas
My commission Expires:
DEVELOPMENT AGREEMENT – Page 6
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________2007,
by , of
_____________________________, on behalf of said corporation.
Notary Public, State of Texas
My Commission Expires:
DEVELOPMENT AGREEMENT – Page 7
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
DEVELOPMENT AGREEMENT – Page 8
EXHIBIT “B-1”
LEGAL DESCRIPTION OF RIGHT-OF-WAY
for
FELLOWSHIP CHURCH OF LAS COLINAS
DEVELOPMENT AGREEMENT – Page 9
EXHIBIT “B-2”
LEGAL DESCRIPTION OF RIGHT-OF-WAY
for
BETHEL BUSINESS PARK LOT 1 BLAOCK A
DEVELOPMENT AGREEMENT – Page 10
EXHIBIT “C”
CONSTRUCTION
For Creekview Drive
Creekview drive shall be constructed as a 41 foot wide concrete street with necessary
drainage improvements and a 12” waterline from Bethel Road north a distance of
approximately 1000 feet connecting at the north end to the existing portion of Creekview
Drive.
DEVELOPMENT AGREEMENT – Page 11
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's Office
August 28, 2007
18
✔
CONTRACT/BID or PROPOSAL
Consider and authorize City Manager to negotiate and execute a purchase and sale agreement, and any necessary
agreements and instruments related thereto, for the transfer of approximately 9.4 acres of land out of the J. Simmons
Survey, Abstract No. 1296, to the Coppell Economic Development Foundation, acting as an independent foundation,
for the resale of such property to Kolberg Development, LLC for the construction of two 21,050-square- foot two-story
retail/hotel buildings, a 25,141-square-foot two-story event/conference center, and a 7,812-square-foot pet bed/
breakfast. The property is located along the east side of Coppell Road, approximately 250 feet south of Bethel Road.
The Purchase and Sale Agreement is the first step in selling the land to Kolberg Development, LLC. The Coppell
Economic Development Foundation will meet to authorize the sale of land to Kolberg Development, LLC, and the
land closing will take place after the final plat is filed.
Authorize the City Manager to negotiate and execute a purchase
and sale agreement, and any necessary agreements and instruments
related thereto, for the transfer of approximately 9.4 acres of land out
of the J. Simmons Survey, Abstract No. 1296, to the Coppell Economic
Development Foundation, acting as an independent foundation, for
the resale of such property to Kolberg Development, LLC for the
construction of two 21,050-square- foot two-story retail/hotel buildings,
a 25,141-square-foot two-story event/conference center, and a 7,812-
square-foot pet bed/breakfast.
!Kolberg Land Sale - 1AR
Coppell/CEDF/ Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 1 12928
PURCHASE AND SALE AGREEMENT
Seller: City of Coppell
Attn: City Manager
255 Parkway Blvd.
Coppell, Texas 75019
972/304-3673 Phone
Purchaser: Coppell Economic Development Foundation, Inc.
255 Parkway Blvd.
Coppell, Texas 75019
Attn: Clay Phillips
972/304-3677 Phone
Land: Approximately 9.4 acres of land as more particularly described in Exhibit
“A”, but excluding any mineral rights, such mineral rights being reserved
by the Seller, in accordance with a survey to be obtained by Purchaser.
Title Company: Chicago Title Insurance
Attn: Jay Turner
8600 MacArthur Blvd., Suite 102
Irving, TX 75063-6900
Closing Date: Concurrent with the Purchaser’s closing of the sale of the Land to Kolberg
Development, LLC, or other date agreed to by the parties in writing.
Purchase Price: $2.00 per square foot net of (i) the right-of-way to be dedicated by the
final plat of the Land for public parking on Coppell Road and for the
relocated City Service Center Access Road and (ii) the area land to be
included in the fire lane to be constructed by Kolberg for the Historic
Coppell Properties Addition.
Restriction The restriction agreement attached hereto as Exhibit “B”.
Agreement:
Grant The economic development grant equal to the difference between the fair
market value of the Land as determined by an appraisal obtained by the
City of Coppell, and the Purchase Price, if any.
WHEREAS, the Seller is authorized by Section 380.001 TEX. LOC. GOV’T CODE to
provide economic development incentives to support the expansion of local business activity,
employment and development; and
WHEREAS, the Purchaser desires to purchase the Land from the Seller for resale to
Kolberg Development, LLC for the development of the Land for the construction of a special
events center containing at least 22,000 square feet of space, two (2) mixed use buildings for
Coppell/CEDF/ Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 2 12928
retail/office uses, with at least twenty-five (25) hotel rooms on the top floor of the building,
collectively, and each building containing at least 16,000 square feet of space, and other ancillary
facilities such as reasonably required parking and landscaping more fully described in submittals
filed by Company with the City of Coppell from time to time in order to obtain building
permit(s)) to be constructed on the Land (collectively the “Improvements”); and
WHEREAS, Section 272.001 of the TEX. LOC. GOV’T CODE allows the Seller to convey
land it wants developed by contracting with an independent foundation without auction or
soliciting competitive bids; and
WHEREAS, the Purchaser is a Texas non-profit corporation and qualifies as an
independent foundation under Section 272.001 TEX. LOC. GOV’T CODE; and
WHEREAS, the Seller desires the Purchaser to develop the Land by the subsequent
transfer of the Land to Kolberg Development, LLC contingent upon Kolberg Development, LLC
constructing the Improvements on the Land.
NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Sale and Purchase. Seller agrees to sell, and Purchaser agrees to purchase the
Land as provided in this Agreement.
2. Title, Survey, and Environmental Reports.
(a) Within fifteen (15) calendar days after the date of this Agreement, Seller
shall deliver to Purchaser, at Purchaser’s expense:
(i) a current commitment for title insurance for the Land from the
Title Company, setting forth the state of title to the Land together with any easements or
restrictions (existing or created pursuant hereto) benefiting or burdening the Land,
together with all exceptions or conditions to such title;
(ii) legible copies of all documents referenced in the title
commitments;
(iii) a current Survey certified to Purchaser and Title Company; and
(iv) tax statements for current and prior years.
(b) If there are objections by Purchaser, Seller shall in good faith attempt to
satisfy them prior to closing, but Seller shall not be required to incur any cost to do so.
Coppell/CEDF/ Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 3 12928
(c) If Seller delivers written notice to Purchaser on or before the Closing Date
that Seller is unable to satisfy such objections, or if Seller is unable to convey title in accordance
with Section 3 below, Purchaser may either, waive such objections and accept such title as Seller
is able to convey, or terminate this Agreement by written notice to Seller.
3. Closing.
(a) The closing of the sale of Land shall occur at 1:00 p.m. on the Closing
Date at the Title Company.
(b) At the closing Seller shall deliver to the Title Company:
(i) a special warranty deed, in form and substance reasonably
acceptable to Seller and Purchaser, conveying good and indefeasible title to the Land to
Purchaser, free and clear of any and all encumbrances except the Permitted Exceptions,
excluding the mineral rights, such mineral rights being reserved by the Seller;
(ii) a Texas Owner’s policy of title insurance (or equivalent) in the
amount of the Purchase Price, insuring such title to Purchaser; and
(iii) possession of the Land, free of parties in possession.
(c) Purchaser shall deliver the Purchase Price to Seller, less the Grant, in cash
or immediately available funds; and the Restriction Agreement duly executed by Kolberg
Development, LLC and Purchaser.
(d) Ad valorem taxes, assessments, and any other charges against the Land
acquired shall be prorated as of the Closing Date and become the responsibility of Purchaser as
of the Closing Date.
(e) Seller hereby agrees to pay and be responsible for following closing costs:
(i) one-half (½) of the Title Company’s escrow fees;
(ii) the cost of all tax certificates relating to all taxes and other
assessments incurred or arising in relation to the Land;
(iii) all costs and expenses incurred by or on behalf of Seller, including
Seller’s attorney’s fees; and
(iv) such other incidental costs and fees customarily paid by sellers of
real property in Dallas County, Texas for transactions of a similar nature to the
transaction contemplated herein.
Coppell/CEDF/ Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 4 12928
(f) Purchaser hereby agrees to pay and be responsible for the following
closing costs:
(i) one-half (½) of the Title Company’s escrow fees;
(ii) all cost and expenses incurred by or on behalf of Purchaser,
including Purchaser’s attorneys’ fees;
(iii) such other incidental costs and fees customarily paid by purchasers
of real property in Dallas County, Texas, for transactions of a similar nature to the
transaction contemplated herein;
(iv) all fees and premiums for any survey or updated survey;
(v) all fees and premiums for the basic Owner’s Title Policy; and
(vi) any endorsements to the basic Owner’s Title Policy.
(g) Closing is conditioned upon the Purchaser and Kolberg Development,
LLC entering into a purchase and sale agreement for the Land.
4. Permitted Exceptions. Purchaser acknowledges and agrees that the Land will be
conveyed by Seller at closing subject to the Restriction Agreement set forth in Exhibit “B”
(“Restriction Agreement”), and that the Special Warranty Deed shall contain such provisions.
The zoning, the lien for current taxes, the environmental condition and the Restriction
Agreement shall be deemed to be Permitted Exceptions.
5. Property Restriction. Seller and Purchaser agree and understand that the Land is
being conveyed by Seller pursuant to TEX. LOC. GOV'T CODE §272.001 that allows the Seller to
convey land it wants developed by contracting with an independent foundation without
solicitation of competitive bids. Purchaser agrees to serve as an independent foundation to have
the Land developed in accordance with the terms set forth herein. Accordingly, Purchaser agrees
and covenants that the Land shall be transferred to Kolberg Development, LLC subject to the
Restriction Agreement.
6. Representations and Covenants. Seller represents and covenants that: (a) it has
authority to enter into this Agreement; and (b) no other person has any interests in or claims
against the Land (other than as reflected by the title commitment), and it will not hereafter
encumber the Land. Purchaser represents that it has authority to enter into this Agreement. The
only representations made by any party concerning the Land and this Agreement are as set out in
this Section 7.
7. Land Sold As Is.
(a) Purchaser represents that as of the Closing Date, Purchaser will have fully
inspected the Land, will have made all investigations as it deems necessary or appropriate and
Coppell/CEDF/ Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 5 12928
will be relying solely upon its inspection and investigation of the Land for all purposes
whatsoever, including, but not limited to, the determination of the condition of the structures,
improvements, soils, subsurface, drainage, surface and groundwater quality, and all other
physical characteristics; availability and adequacy of utilities; compliance with governmental
laws and regulations; access; encroachments; acreage and other survey matters and the character
and suitability of the Land.
(b) In addition, Purchaser acknowledges and agrees that the Land is being
purchased and will be conveyed “AS IS” with all faults and defects, whether patent or latent, as
of the Closing.
(c) There have been no representations, warranties, guarantees, statements or
information, express or implied, pertaining to the Land, its condition, or any other matters
whatsoever, made to or furnished to Purchaser by Seller or any employee or agent of Seller,
except as specifically set forth in this Agreement.
8. Remedies. If Purchaser defaults, Seller’s sole remedy shall be to terminate this
Agreement. If Seller defaults, Purchaser’s sole remedy shall be to terminate this Agreement.
9. Notices. Notices must be in writing to and given at the addresses stated above.
Notice given by delivery service or fax shall be effective upon receipt at the address of the
addressee; notice given by mail shall be effective upon receipt.
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
10. Miscellaneous.
(a) Entireties. This Agreement contains the entire agreement of the parties
pertaining to the Land.
(b) Modifications. This Agreement may only be modified by a written
document signed by both parties.
(c) Assignment. Purchaser may not assign its rights under this Agreement to
any entity without the express written consent of Seller.
(d) Time is of the Essence. Time is of the essence with respect to the
performance by the parties of their respective obligations hereunder.
Coppell/CEDF/ Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 6 12928
(e) Non-Business Day. If the final date of any period provided herein for the
performance of an obligation or for the taking of any action falls on a Saturday, Sunday, or
holiday, then the end of such period shall be extended to the next business day.
(f) Zoning. Seller assumes no obligation to change the current zoning on the
Land.
(h) Brokers. Seller and Purchaser represent and warrant that they have not
worked with any broker relative to this transaction and that no brokerage commission is due and
payable upon the Closing. Each party shall indemnify each other from any claim for brokers’
commissions relative to the sale of the property and alleged to be due.
(i) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original for all purposes and constitute one and
the same instrument; but in making proof of this Agreement, it shall not be necessary to produce
or account for more than one such counterpart.
(j) Legal Construction. In the event any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained in it.
(k) Law Governing. This Agreement shall be construed under and in
accordance with the laws of the State of Texas; and venue for any action arising from this
Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to
submit to the personal and subject jurisdiction of said court.
(l) Survival of Covenants. Any of the representations, warranties, covenants,
and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a
period of time following the Closing shall survive.
Executed on the _____ day of _________________, 2007.
Seller:
City of Coppell, Texas
By:
Jim Witt, City Manager
Coppell/CEDF/ Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 7 12928
Executed on the _____ day of _________________, 2007.
Purchaser:
Coppell Economic Development Foundation,
Inc.
By:
Name: Clay Phillips
Title: Director
Coppell/CEDF/Kolberg Development, LLC 9.4 Acres Purchase & Sale Agreement – Page 7 12928
Seller’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _____ day of __________, 2007, by
Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said
municipality.
Notary Public, State of Texas
My Commission expires:
Purchaser’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me this _________ day of ___________,
2007, by Clay Phillips, the Director of the Coppell Economic Development Foundation, Inc. a
Texas non-profit corporation on behalf of said corporation.
Notary Public, State of Texas
My Commission expires:_______________
Exhibit "A"
Legal Description of the Land
Exhibit “B”
Restriction Agreement
Kolberg Development LLC 9.4 acres Restriction Agreement - 1 16600
State of Texas §
§ Restriction Agreement
County of Dallas §
This Restriction Agreement (“Restriction Agreement”) is made and entered into as
__________, 2007 (the “Effective Date”) by and between Kolberg Development, LLC (the
“Company”), and the Coppell Economic Development Foundation, Inc. a Texas nonprofit
corporation (“CEDF”) acting by and through their authorized representatives.
WHEREAS, CEDF has, as of the Effective Date, by that certain Purchase and Sale
Agreement by and between the CEDF and the Company of even date herewith (the “Purchase
and Sale Agreement”), conveyed that certain parcel of land in Coppell, Dallas County, Texas,
described in Exhibit “A” hereto (the “Land”); and
WHEREAS, the CEDF has, as a condition of the conveyance of the Land to the
Company, restricted the use of the Land and required Company to construct of a special events
center containing at least 22,000 square feet of space, two (2) mixed use buildings for
retail/office uses, with at least a total twenty-five (25) hotel rooms on the top floor of the
buildings collectively, and each building containing at least 16,000 square feet of space, and
other ancillary facilities such as reasonably required parking and landscaping more fully
described in submittals filed by Company with the City of Coppell from time to time in order to
obtain building permit(s)) to be constructed on the Land (collectively the “Improvements”); and
WHEREAS, as a condition to and in consideration of the CEDF’s conveyance of the
Land to the Company, the Company has agreed to construct the Improvements on the Land; and
WHEREAS, the Company desires to grant CEDF: (i) an option to repurchase the
Property (hereinafter defined) in the event Company fails to cause Commencement of
Construction (hereinafter defined) of the Improvements within eighteen (18) months after the
Effective Date; and (ii) an option to repurchase the Property in the event the Company fails to
cause Completion of Construction (hereinafter defined) of the Improvements within five (5)
years after the Effective Date, in each case subject to the terms and conditions hereafter set forth;
NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Definitions
“Commencement of Construction” shall mean: (i) the plans have been prepared and all
approvals thereof required by applicable governmental authorities have been obtained for
Improvements for the Service Center Drive, as the case may be; (ii) all necessary permits for
construction pursuant to the plans have been issued by all applicable governmental authorities
for the construction of the Improvements for the Service Center Drive, as the case may be; and
(iii) grading of the Land and construction of the vertical elements of Improvements for the
Service Center Drive, as the case may be; have begun.
Kolberg Development LLC 9.4 acres Restriction Agreement - 2 16600
“Completion of Construction” shall mean: (i) substantial completion of the construction
of the last of the buildings comprising the Improvements for the Service Center Drive, as the
case may be; and (ii) a final permanent certificate of occupancy has been issued for the last of the
buildings comprising the Improvements or the City has accepted the Service Center Drive, as the
case may be.
“Force Majuere” shall mean any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, government or de facto governmental action unless caused by the intentionally
wrongful acts or omissions of the party, fires, explosions or floods, strikes, slowdowns or work
stoppages and rain delays and other weather related delays caused by temperatures that are too
cold to permit construction activities.
“Improvements” shall collectively mean of a special events center containing at least
22,000 square feet of space, two (2) mixed use buildings for retail/office uses, with at least a total
twenty-five (25) hotel rooms on the top floor the buildings collectively containing at least 16,000
square feet of space, and other and other ancillary facilities such as reasonably required parking
and landscaping more fully described in submittals filed by Company with the City of Coppell
from time to time in order to obtain building permit(s)) to be constructed on the Property
“Improvement Value” shall mean the fair market value of the Improvements, or portion
constructed thereof as determined by an appraiser selected by the parties. In the event the parties
can not agree upon an appraiser each party shall select an appraiser who in turn will select an
appraiser who will determine the fair market value of the Improvements, or portion constructed
thereof.
“Land” shall mean the real property described in Exhibit “A”.
“Property” shall collectively mean the Land and the Improvements following
construction thereof.
“Service Center Drive” shall mean the relocated Service Center Drive as depicted in
Exhibit “B”.
2. Option.
(a) Company hereby grants to CEDF an option (“Option”), to repurchase the Property
for the Purchase Price stated in the Purchase and Sale Agreement plus the Improvement Value
less all closing costs and expenses paid or incurred by CEDF pursuant to the Purchase and Sale
Agreement and pursuant to the exercise of the Option (the “Option Price”). Upon tender to
Company of the Option Price, the Company shall tender indefeasible title ownership of the Land
and the Improvements to the CEDF by special warranty deed and bill of sale, as hereinafter set
forth. The Option shall automatically terminate on the date of Completion of Construction of the
Improvements.
Kolberg Development LLC 9.4 acres Restriction Agreement - 3 16600
(b) Exercise. The Option may, subject to 2(c), be exercised by the CEDF in its sole
discretion on the occurrence of the failure of the Company to cause Commencement of
Construction of the Improvements to occur within eighteen (18) months after the Effective Date
and/or the occurrence of the failure of the Company to cause the Completion of Construction of
the Improvements to occur within five (5) years after the Effective Date. However, in the event
the Company fails to timely cause Commencement of Construction of the Improvements to
occur and the CEDF has not exercised the Option, the CEDF may not subsequently exercise the
Option for failure of the Company to timely cause Commencement of Construction of the
Improvements if the Company causes Commencement of Construction of the Improvements
prior to the CEDF exercise of such Option. Further, if Completion of Construction has not
occurred within five (5) years after the Effective Date, the Option shall expire if not exercised
within seven (7) days thereafter.
(c) Force Majeure. In the event of Force Majeure, the Company shall have such
additional time to cause Commencement of Construction or Completion of Construction, as the
case may be, to occur so long as the Company is diligently and faithfully pursuing the same.
(d) Breach. Upon breach by Company, as described herein, the CEDF shall notify the
Company in writing that it has thirty (30) days after receipt of the notice in which to cure such
breach. However, if the Company fails to cure the breach within the time provided herein, the
thirty (30) day period shall be reasonably extended if the Company commences the cure of such
default within the thirty (30) day period and continues to pursue the completion of same.
(a) Cure. If the Company fails to cure the breach within the time period provided
herein, including any extensions thereof, the CEDF in its sole discretion may exercise the
Option. The CEDF’s election to exercise the Option shall be by execution of a real estate sales
contract on or before the expiration date of this Option that conforms to the requirements of this
Option. Upon delivery of said executed real estate sales contract, the Company shall forthwith
within ten (10) days, execute and deliver the same to the CEDF.
3. Effect of Exercise of the Option.
(a) Contract. Upon any timely exercise of the Option in accordance with the
foregoing provisions, the parties shall forthwith (and in any event within ten (10) business days
following such exercise) proceed to execute a contract of purchase and sale containing such
terms and conditions as are customary in purchase and sale agreements in Dallas County, Texas
and reasonably acceptable to both the Company and CEDF, but reflecting the provisions
described in Sections 3(b) through (d) below; provided, however, that the sale shall be on an “as
is, where is” basis, without representations or warranties as to the condition of any real or
personal property included in the sale of the Property.
(b) Inspections. CEDF shall have thirty (30) days from the execution of the Contract
of Sale by each party to conduct such inspections and obtain such reports from third party
engineers and consultants (including environmental consultants) as it may require (the
“Inspection Period”), to satisfy itself, as to the condition of the Land and the Improvements, if
any, thereon.
Kolberg Development LLC 9.4 acres Restriction Agreement - 4 16600
(c) Survey. Upon any exercise of the Option, in accordance with the foregoing
provisions, CEDF shall have the right within the Inspection Period, at its option, to cause a
boundary or “as-built” survey of the Land to be made by a certified land surveyor selected by it.
Such survey shall be made at the sole cost and expense of the Company.
(d) Title to the Land. Upon any exercise of the Option, in accordance with the
foregoing provisions, at closing CEDF shall be entitled to receive good and indefeasible fee
simple title to the Land and the Improvements, free and clear of all liens and encumbrances,
except (i) such easements, conditions and restrictions as are of record as of the date of the
Company’s purchase of the Land; (ii) utility easements and such other easements or rights-of-
way as may be required to develop the Improvements; and (iii) such other title issues as CEDF
may waive.
(e) Special Warranty Deed. The conveyance of the Land and Improvements to
CEDF shall be by special warranty deed and bill of sale. Such deed shall describe the Land and
include any improvements constructed thereon to be conveyed in accordance with any survey
thereof caused to be made by CEDF in accordance with the foregoing provisions and shall be in
form and substance reasonably satisfactory to CEDF and the Company, and their respective
counsel. If any examination of title to the Land by CEDF discloses defects of title which are not
removed or corrected prior to closing, or any postponement thereof to which CEDF and the
Company may agree, or in the event of any material loss or damage to the Land or the
Improvements as a result of any exercise of the power of eminent domain or by fire or other
casualty prior to closing, CEDF may, at its sole option, either (i) waive any objection and enforce
its right to purchase the Land and the Improvements as provided herein; or (ii) terminate its right
to purchase the Land and the Improvements hereunder.
(f) Closing and Settlement. Unless otherwise provided hereinabove, the closing and
settlement of the purchase and sale of the Land and the Improvements to CEDF shall be made
within thirty (30) days following the execution of a real estate contract with respect to the
Property. At closing, CEDF shall pay the Option Price, in cash or by certified or cashier’s check
and simultaneously the Company shall deliver to CEDF a special warranty deed and bill of sale
conveying the Land and the Improvements to CEDF in accordance with the foregoing
provisions. The Company shall pay all pre-closing taxes properly payable by the Company. All
title insurance premiums, filing fees for the conveyance documents, and real estate transfer, and
recording or other similar taxes shall be paid by the Company. Real estate taxes shall be
prorated as of the date of closing.
4. Restriction.
(a) The Property shall be owned, held, leased, transferred, sold, mortgaged and
conveyed by the parties hereto, as well as any subsequent owners of all or any portion of the
Property, subject to this Restriction Agreement.
Kolberg Development LLC 9.4 acres Restriction Agreement - 5 16600
(b) No lot or portion of the Property shall be utilized for any use other than for the
Improvements. The Company shall continuously own the Property beginning on the Effective
Date and continuing for a period of no less than five (5) years.
(c) Enforcement. The CEDF and any subsequent owner of all or any portion of the
Property shall, have the right, but not the obligation, to enforce this Restriction Agreement, as
the same may be amended as herein provided. Enforcement of this Restriction Agreement shall
be by proceeding at law or in equity, against any person or persons violating or attempting to
violate any covenants or restrictions, to restrain violation or to recover damages, and failure to
enforce any covenant, restriction or condition shall not be deemed a waiver of the right of
enforcement either with respect to the violation in question or any other violation. The rights of
the CEDF under this Restriction Agreement may not be waived or released except pursuant to an
amendment or termination approved in accordance with the provisions hereof.
(d) Duration. This Restriction Agreement shall be effective from the Effective Date
and continue for a period of five (5) years.
(e) Amendment. No amendment or any termination of this Restriction Agreement
shall be effective unless and until the Board of Directors of the CEDF has approved the same as
evidenced by an instrument executed by the President and recorded in the deed records of Dallas
County, Texas. In the event the Company, or subsequent owner of the Property desires to
change, amend or alter the Use Restrictions set forth in Section 4 so that the Property may be
used for other than the Improvements, the Company or subsequent owner, as the case may be,
shall file a written application for such change or amendment to Section 4 with the President of
the Board of Directors of the CEDF. The Board of Directors of the CEDF shall approve or deny
such application in its sole discretion, in whole or in part within thirty (30) days after receipt of
such application. Any change or amendment approved by the Board of Directors shall not be
effective unless and until an instrument executed by the President is recorded in the deed records
of Dallas County, Texas in accordance with this Section 4.
(f) Service Center Drive. The Company shall, at its cost and expense, relocate the
City Service Center Drive as shown in Exhibit “B” in accordance with plans approved by the
City (the “Service Center Drive Plans”). The Company shall, subject to events of Force
Majeure, cause the design and construction of the relocated Service Center Drive to occur within
12 months after the Effective Date and subject to events of Force Majeure to cause the
Completion of Construction thereof to occur prior to the Commencement of Construction of the
Improvements.
5. Notices. All notices, requests, demands or other communications required or
permitted hereunder shall be in writing and shall be deemed to have been fully and completely
made when given by hand, by confirmed facsimile transmission by overnight delivery by Federal
Express or other reliable courier or the mailing of such by registered or certified mail, addressed
as follows:
Kolberg Development LLC 9.4 acres Restriction Agreement - 6 16600
If to Company:
Kolberg Development , LLC
Attn: Douglas F. Kolberg
P.O. Box 2487
Coppell, Texas 75019
Telephone No.: 360-314-5088
Fax No.: 972-462-1093
Email: dougfkolberg@yahoo.com
With a copy to:
T. McCullough Strother
McGuire, Craddock & Strother, P.C.
3550 Lincoln Plaza
500 N. Akard Street
Dallas, Texas 75201
Telephone No.: 214-954-6827
Fax No.: 214-954-6850
Email: mstrother@mcslaw.com
If to CEDF:
Coppell Economic Development Foundation, Inc.
255 Parkway Blvd.
Coppell, Texas 75019
Attention: President
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
500 N. Akard, Suite 1800
Dallas, Texas 75201
(214) 965-9900
(214) 965-0010 FAX
E-mail: psmith@njdhs.com
Any party may at any time and from time to time by notice in writing to the other
party hereto change the name or address of the person to whom notice is to be given as
hereinbefore provided.
6. Successors and Assigns. This Agreement shall bind, and inure to the benefit of,
the parties and their respective successors and assigns.
Kolberg Development LLC 9.4 acres Restriction Agreement - 7 16600
7. Governing Law. This Agreement is entered into and is intended to be performed
in the State of Texas, and the validity, enforceability, interpretation and construction hereof shall
be determined and governed by the laws (other than conflict of laws provisions) of the State of
Texas. Venue for any action shall be in the state district court of Dallas County, Texas. The
parties agree to submit to the personal and subject matter jurisdiction of said court.
8. Recording. The parties agree that this Agreement may be recorded in real estate
records of Dallas County, Texas.
9. Covenants Run with the Property. This Restriction Agreement and the
obligations of the Company hereunder are intended to run with the Property and shall be binding
upon the Company and each and every subsequent owner, tenant, subtenant, licensee, manager,
and occupant of all or any portion of the Property, but only during the term of such party’s
ownership, tenancy, license, management or occupancy of the Property, for which such party
shall remain liable and shall be binding upon and inure to the benefit of the CEDF and its
successors and assigns. It is expressly understood and agreed that acceptance of title to all or a
portion of the Property shall automatically, and without further acknowledgement or
confirmation from the owner, constitute such owner’s assumption of the obligations of the
Company hereunder.
10. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof, and no statement, promise, representation
or modification hereof by any person, if any, and whether oral or written, shall be binding upon
any party.
11. Counterparts. This Agreement may be executed by the parties hereto in separate
counterparts; each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of a number of copies hereof each signed by less than all, but together signed by all of the parties
hereto.
Signature Page to follow
Kolberg Development LLC 9.4 acres Restriction Agreement - 1 16600
EXECUTED this the _______ day of ___________, 2007.
Coppell Economic Development Foundation
By: ____________________
Name: Clay Phillips
Title: Director
EXECUTED this the ________ day of ___________, 2007.
Kolberg Development, LLC
By: __________________________
Name: ________________________
Title: _________________________
Kolberg Development LLC 9.4 acres Restriction Agreement - 2 16600
CEDF’s Acknowledgment
State of Texas §
§
County of Dallas §
Acknowledged before me this _________ day of ___________, 2007, by Clay Phillips,
the Director of the Coppell Economic Development Foundation, Inc., a Texas nonprofit
corporation, on behalf of such corporation.
Notary Public, State of Texas
My Commission expires:
Company’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by _____________, the _______________ of Kolberg Development, LLC, a Texas
limited liability company, behalf of said company.
Notary Public, State of Texas
My Commission expires:
Exhibit A
Legal Description of the Property
Exhibit “B”
Depiction of the City Service Center Drive and the land to be improved by Kolberg as a
fire lane for Historic Coppell Properties Addition
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
August 28, 2007
19
✔
ORDINANCE
Consider approval of an Ordinance ordering a Special Election to be held on November 6, 2007 to consider the
adoption of one-fourth of one percent sales and use tax to provide revenue for maintenance and repair of municipal
streets; and, to consider the creation of a Crime Control and Prevention District and the adoption of one-fourth of one
percent sales and use tax for crime reduction programs; providing for the publication and posting of notice;
authorizing the City Manager to execute an Election Agreement and Election Services Contract with Dallas County
Elections Department; and authorizing the Mayor to sign.
The call for this election is consistent with the authority granted to cities under Texas Law and reflects the direction
given to staff by the Mayor and Council. The tax will be effective 4-1-08 and WILL NOT RESULT IN A HIGHER SALES TAX
RATE THAN IS PRESENTLY BEING ASSESSSED. The Crime District tax is subject to a 5 year sunset provision and the street
maintenance tax has a 4 year sunset provision under Texas law.
Staff recommends approval.
%callelection-1AR
0
TM 19234.2.000
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 6, 2007 TO CONSIDER THE ADOPTION OF ONE-
FOURTH OF ONE PERCENT SALES AND USE TAX TO
PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF
MUNICIPAL STREETS; AND, TO CONSIDER THE CREATION
OF A CRIME CONTROL AND PREVENTION DISTRICT AND
THE ADOPTION OF ONE-FOURTH OF ONE PERCENT SALES
AND USE TAX FOR CRIME REDUCTION PROGRAMS;
PROVIDING FOR THE PUBLICATION AND POSTING OF
NOTICE; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ELECTION AGREEMENT AND ELECTION SERVICES
CONTRACT WITH DALLAS COUNTY ELECTIONS
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously adopted a sales and use tax to be
used for educational development purposes, which such tax will expire in December of
2007; and
WHEREAS, upon its expiration, it is the desire of the City to use said sales and
use tax for the purposes of maintenance and repair of municipal streets and the creation
of a Crime Control and Prevention District for crime reduction programs in the City of
Coppell; and
WHEREAS, the City Council after due consideration desires to conduct an
election on the uniform election date of November 6, 2007 to consider the use of one
fourth of one percent sales and use tax for maintenance and repair of municipal streets
and the creation of a Crime Control and Prevention District and the adoption of one-
fourth of one percent sales and use tax for crime reduction programs in the City of
Coppell.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That an election is hereby ordered for November 6, 2007 to
consider two (2) propositions, to wit: the use of one fourth of one percent sales and use
tax for maintenance and repair of municipal streets; and, the creation of a Crime Control
and Prevention District and the adoption of one-fourth of one percent sales and use tax
1
TM 19234.2.000
for crime reduction programs to be submitted to the qualified voters of the City for their
approval or disapproval at an election to be held on November 6, 2007.
SECTION 2. That notice of the election shall be posted on the bulletin board
used to post notice of the City Council meetings and be published in a newspaper of
general circulation in the City. That said notice must be published on the same day in
each of two successive weeks, with the first publication occurring no earlier than the
thirtieth day and no later than the fourteenth day before the date of the election. A copy
of the published notice that contains the name of the newspaper and the date of
publication shall be retained as a record of such notice, and such person posting the
notice shall make a record of the time of posting, starting date and the place of posting.
SECTION 3. The election on the proposed Charter amendments shall be
conducted in accordance with an Election Contract between the City of Coppell and
Dallas County Elections Department for the Special election on November 6, 2007. That
the City Manager is hereby authorized to execute Election Contract with the County of
Dallas for the conduct of the election.
SECTION 4. That the City Secretary shall present the election returns to the City
of Coppell City Council at a City Council meeting for the canvassing of said election in
accordance with the Texas Election Code.
SECTION 5. That early voting by personal appearance may be conducted at
either the Coppell City Hall, 255 Parkway Boulevard, or at any of the other branch
locations established by the Election Contract. Early voting by personal appearance will
be conducted beginning Monday, October 22, 2007, through Friday, October 26, 2007,
8:00 a.m. - 5:00 p.m.; Saturday, October 27, 2007, 8:00 a.m. - 5:00 p.m.; Sunday,
October 28, 2007, 1:00 p.m. - 6:00 p.m.; Monday, October 29, 2007 through Wednesday,
October 31, 2007, 8:00 a.m. - 5:00 p.m.; and Thursday, November 1, 2007 through
Friday, November 2, 2007, 7:00 a.m. - 7:00 p.m. at locations specified in the Joint
Election Contracts.
SECTION 6. That applications for early voting ballot by mail by Dallas County
residents shall be mailed to: Bruce R. Sherbet, Chief Deputy Early Voting Clerk, Dallas
County Elections Department; Health & Human Services Building, 2377 N. Stemmons
Freeway, Suite 820, Dallas, Texas 75207. Applications for early voting ballot by mail, if
mailed, must be received no later than noon on October 30, 2007. Applications for early
voting delivered by personal delivery shall be submitted to the Clerk’s office no later than
the close of business on October 19, 2007.
2
TM 19234.2.000
SECTION 7. In accordance with Section 123.001 of the Texas Election Code,
the Direct Record and Optical Scan Voting Systems approved by the Secretary of State
are hereby adopted for the election on November 6, 2007.
SECTION 8. Pursuant to the Joint Election Contract, the County Elections
Administrator shall serve as Election Administrator for the election. Presiding Election
Judges and Alternate Presiding Election Judges appointed to serve at said polling places
shall be those election officials furnished by the Elections Administrator from the list of
proposed elections judges listed in an attachment to the Joint Election Contract.
SECTION 9. In compliance with Section 271.006 of the Texas Election Code,
the City Secretary is Early Voting Clerk. The County Elections Administrator is
appointed as Chief Deputy Early Voting Clerk. Other deputy early voting clerks will be
appointed as needed to process early voting mail and to conduct early voting by personal
appearance at the branch locations.
SECTION 10. An Early Voting Ballot Board shall be created to process early
voting results in accordance with Section 87.007 of the Texas Election Code. The Early
Voting Ballot Board shall be made up of members appointed in the manner stated in the
Joint Election Contract and the Presiding Judge and Alternate Presiding Judge of the
Early Voting Board shall be the election officials listed in the Election Contract.
SECTION 11. Each amendment submitted must contain only one subject, and
the ballot shall be prepared in a manner that the voters may vote “for” or “against” the
propositions without voting “for” or “against” both of said propositions.
SECTION 12. The ballot propositions for the proposed adoption of one-fourth of
one percent of sales and use tax are as follows:
Proposition 1
Shall the City of Coppell adopt a one-fourth of one percent sales
and use tax to provide revenue for maintenance and repair of municipal
streets in the City of Coppell?
Proposition 2
Shall the City of Coppell create a Crime Control and Prevention
District and adopt a one-fourth of one percent sales and use tax for crime
reduction programs?
3
TM 19234.2.000
SECTION 13. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance, which shall
remain in full force and effect.
SECTION 14. This Ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and charter in such case provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the _____
day of ____________________, 2007.
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 08/20/07)
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:
Engineering
August 28, 2007
20
✔
ORDINANCE
Consider approval of a variance with stipulations for an Interim Permit, upon concurrence of City Engineer, to
Floodplain Management Ordinance No. 2001-952, Article 4, Section B, Item 11(a) which states that the Floodplain
Administrator must "Assure that conditional approvals are received from FEMA before a Floodplain Development
Permit is issued." for the proposed Alexander Court subdivision, an 18.506 acre housing development at the northwest
corner of Denton Tap Road and Bethel Road.
Approval of this variance will allow for development of 29 lots in the Alexander Court subdivision project. Staff will be
available to answer questions at the Council meeting.
Staff recommends approval of the variance.
#Alexander Court FP Variance
(8/17/2007) Ken Griffin - FW: REVISION Project is Created with Project Number=07-06-2203P Page 1
From: "Mike Boyd" <mboyd@ndmce.com>
To:"Ken Griffin (E-mail)" <kgriffin@ci.coppell.tx.us>
Date: 8/15/2007 2:47 PM
Subject: FW: REVISION Project is Created with Project Number=07-06-2203P
Ken
This the only correspondence that we have from FEMA on the Alexander
project.
Mike Boyd
Michael H. Boyd, P.E.
Nathan D. Maier Consulting Engineers, Inc.
Two Park Lane Place, 8080 Park Lane, Suite 600
Dallas, Texas 75231
214-739-4741 (Office)
214-739-5961 (fax)
Email: mboyd@ndmce.com
-----Original Message-----
From: mip@mapmodteam.com [mailto:mip@mapmodteam.com]
Sent: Monday, July 30, 2007 07:57
To: mboyd@ndmce.com
Subject: REVISION Project is Created with Project Number=07-06-2203P
We have received your request that the Department of Homeland Security's
Federal Emergency Management Agency issue a revision to the flood hazard
information on the applicable National Flood Insurance Program map for CITY
OF COPPELL, TX.
Your case number is 07-06-2203P and the project identifier is GRAPEVINE
CREEK.
We are reviewing your submitted data and will contact you if additional
information is required to process your request.
If additional information is not required, we will issue a final letter of
determination within 90 days of receiving your request.
Inquiries concerning the status of your request should be made by calling
the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA-MAP) or
by letter addressed to the LOMR Depot, 3601 Eisenhower Avenue, Suite 600,
Alexandria, VA 22304-6439.
Please be assured we will do our best to respond to all inquiries in a
timely manner.
JVt
CORPORATION dft
Master Planned Living
Mr Kenneth M Griffin P E
Director of EngineeringPublic Works
City of Coppell
255 Parkway Blvd
Coppell Tx 75019
August 17 2007
Re Alexander Court
FEMA Floodplain Requirements
Dear Sir
Mira Mar Dev Corp understands and agrees that it will comply with the following
requirements in consideration ofthe City approving a variance to the Floodplain
Management Ordinance to allow the placement offill within the current designated
floodplain on Alexander Court prior to approval ofthe floodplain study by FEMA
1 Any changes requested by FEMA during their review of the flood study
submitted for Alexander Court must be complied with prior to the acceptance
of the subdivision improvements by the City
2 No building permits will be issued on Lots 11 22 Block A until the flood study
has been approved by FEMA
3 Any costs incurred by Mira Mar Dev Corp to comply with any requested
changes to the flood study by FEMA will be the sole financial responsibility
of Mira Mar Dev Corp
Agreed to and Accepted by
John L Hawkins Pres
6003 Sunderland Drive Colleyville Texas 76034
Tel 817 9966698 Fax 817 29 1792
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
August 14, 2007
21
✔
PRESENTATION
Consideration of appeal from John Hawkins regarding impact fees and other development requirements related to
Alexander Court.
This is the action item related to the consent agenda item regarding a developers right to appeal certain
development fees if the developer believes a proportionality argument can be made. The developer will be
presenting the information they believe warrants your consideration. The back-up materials provided will give you
additional information regarding this issue.
#alexander court
O VRoeM
fZjt
CORPORATION dVt t
Master Planned Living
Mr Clay Phillips
Deputy City Manager
City of Coppell
August 7 2007
Re Alexander Court
Unresolved
Development Exactions
Dear Sir
Since our 7 19 meeting my engineer has been revising our engineering plans per Ken
Griffin s instruction I delivered the latest revised set on Friday All comments have been
responded to and corrected Our plans should be ready for fmal approval today In the
interest of saving the project we must proceed with the plans as approved though some
items may need to be discussed and resolved This letter is provided to supplement not
replace my letter to Ken Per my letter of 7 9 and as we discussed although we have
come to agreement on several points many issues remain without a resolution For that
reason we look forward to accepting your offer to meet with the Council on 8 14 It was
our understanding that you thought they could consider waving certain restrictions under
the proper circumstances and with that in mind we plan to submit the following issues
for their consideration and resolution
1 ROLLED CURBS are a desirable alternative to standard curbs and as such have
been requested by David Weekley Homes Coppell Fire Lanes are 24 F F or
25 B B If the Fire Dept finds this acceptable why would they have difficulty
traveling on a 24 G G section with 28 B B and no vertical curb obstruction
It appears that they would have more unobstructed room to maneuver than a
28 B B road with standard curbs not less Although we have changed our plans
to build standard curbs we believe rolled curbs are the most aesthetically pleasing
2 EXTRA INLETS on Knights Way are not necessary according to my engineer s
interpretation of what is required according to acceptable engineering practice
The intersection of Knights Way and Olympia Lane was designed with broader
36 radius curb returns which allows the water to diffuse more rapidly Because of
this larger transition area maximum run otIfrom Knights Way into Olympia would
blend with the South gutter run off from the East and sheet flow to the West
ultimately being deposited in the inlets in front of lot 4 and between lots 16 and 17
The water carrying capacity of Knights Way is sufficient without the inlets In my
opinion these inlets are not a proportionate response to any need created for the
City and an extra 12 000 expense for the property owner
Page One of Three
6003 Sunderland Drive CoUeyvile Texas 76034
Tel 817 9966698 Fax 817 329 1792
Alexander Court Exactions Page Two of Three
3 TREE MITIGATION should exclude trees within the public RO WThere are
more than 60 trees from 6 to 24 diameter in the dedicated street RO W which
should be excluded from the tree count and be more proportional thus reducing
the tree liability from 1 500 to 900 caliper inches and reducing the fee to 19 000
This represents a cost savings of 15 500 Additionally an individualized tree
mitigation determination would properly take into consideration the fact that some
30 of this tract is in the flood plain and all the trees between the flood plain line
and the creek are being left in their native state and will not be developed This
natural state should be added credit which would mitigate the fee Again this
additional factor shows the City s requirements to not be proportionate in our case
4 A SIDEWALK ON DENTON TAP is a public improvement and not relative to any
proportional need by the City caused by this or any benefit accruing to the
residents of Alexander Court There is no purpose or utility in building a sidewalk
in this location with no practical connection to the North no public necessity or
justifiable need for the additional 7 000 expense Is it not true if the property
were not being platted the record owner would not be asked to pay for a sidewalk
5 RAISED BUILDING PADS are not proportional or necessary according to FEMA
requirements Creek lot building pads are normally below the top of curb All pad
elevations are a minimum of I above the ultimate 100 year flood line This is
according to City ordinance There is no justifiable reason to believe the subject
building sites are in any danger of flooding To raise these pads l above the curb
is a disproportionate cost of an additional 5 000
6 FILL DIRT IN THE FLOOD PLAIN under these circumstances is a reasonable
accommodation and an accepted practice according to FEMA If FEMA does not
approve the new line I will agree to remove the dirt the City has no liability
Allowing this fill to be placed in the flood plain would compensate Mira Mar for
the delay from 4 26 to 712 in submitting the LOMR application and avoid an
additional disproportionate 20 000 excavation expense
7 THIRD PARTY FLOOD STUDY CHECKING is not provided for in the Coppell
flood plain ordinance It is unnecessary and a disproportionate expense to have
an applicant pay for outside engineers to check a property owner s flood study
which has been sealed by a certified hydrologist therefore Mira Mar will expect
a 2 000 reimbursement or credit against fees
8 3 1 SLOPES ARE ACCEPTABLE along the back line of lot 7 FHA allows 2 1
slopes on lots The requirement of a 4 1 slope is disproportionate and denies the
optimum use of the back yard This is private property and not subject to public
grading criteria This requirement would cost an additional 5 000 It is not
supported by ordinance or statute and is entirely disproportionate to any need
created by the project
Alexander Court Exactions Page Three of Three
9 CONCRETE CAPS for two water line cuts on Bethel Road are disproportionate
and unnecessary because Bethel is going to be concrete paved and those caps
would be destroyed during the lime stabilization process A compacted flowable
fill and asphalt surface patch should suffice and save the 3 000 expense
10 0 147 ACRE DEDICATION for Bethel should receive a 21 700 fee credit
11 THE PARK FEE of 1 285 per lot bears no proportional relatienship to the
total residents in Coppell versus the 29 residents in Alexander Court
An individualized determination ofthe park fee should take into account the
30 of the 185 acres which is within the flood plain and not to be developed
12 THE ROADWAY ASSESSMENT FEE of 1 000 per acre bears no proportional
relationship to the total residents burden versus the 29 residents of Alexander Ct
Regarding items 11 and 12 I believe a site specific individualized determination of the
rough proportionality requirement would yield a much lower park fee than 1 285
per lot and a lower roadway assessment fee of some 1 000 per acre The truth is
I cannot understand how either fee was arrived upon or how they relate to my property
and although requested the City has provided no justification other than some reference
to an inflexible ordinance applied generally
As per my 7 9 letter to Ken Griffin Mira Mar is requesting an official response from the
City regarding the foregoing issues and their cost to the applicant property owner
My request is appropriate and in proper compliance with the provisions set forth within
the Local Government Code Section 212 904 If after an Engineer retained by the City
has made the necessary determination of rough proportionality and the fmancial burden
of these requirements is ultimately found to be unnecessary Mira Mar would respectfully
request reimbursement for the actual cost to provide those City mandated items
Perhaps we could come to some agreement on the 12 issues without involving the
Council or having the City hire an Engineer to make the determinations cited within
the law These issues represent some 91 000 in direct project cost or offset credit
certainly not an inconsequential budget item Please let me or Walter know if you think
we can come to an acceptable accommodation and definitive conclusion on each of the
itemized issues Thank You for your assistance
cc Kenneth Griffin PE
Walter Leonard Esquire
Tim Bennett PE
Yours Very Truly
John L Hawkins Pres
THE·CITY·OF
COPPELL
August 10,2007
Mr.John Hawkins
6003 Sunderland Drive
Colleyville,Texas 76034
Dear Mr.Hawkins:
I am writing in response to your letter dated August 7,2007 regarding the Alexander Court
development.I must say that I was somewhat surprised by several of the issues you raised.It is the
opinion of the City staff that many of the items you now want to discuss with the City Council were
agreed upon with the City's engineering staff and your engineer.In fact,your plans have been
approved after they were resubmitted with the changes we requested and your engineer agreed to
make.
The City Council will be prepared to hold your hearing on August 28 as was agreed to yesterday in
conversations between your attorney and the City Attorney's office.It was our understanding that
the only issues to be appealed were:1)The application of the City's floodplain ordinance
prohibiting you from spoiling dirt in the floodplain;2)Tree mitigation calculations;and 3)Issues
regarding proportionality,specifically the requirement to construct the sidewalk on Denton Tap,the
Roadway assessment Fee,and the Park Development Fee.
It now appears that you wish to reconsider almost every aspect of the development that was
discussed in our meeting on July 19.As such,I feel compelled to respond to each of the additional
engineering issues you raised in your letter.
Rolled Curbs
Rolled curbs can indeed be accepted provided the adequate space is provided for parking and
unimpeded vehicular movement.Our engineering staff continues to believe the rolled curb design
requires 32'back-of-curb to back-of-curb given the specific design issues associated with the rolled
curb application.Your comparison to fire lanes is somewhat flawed.While it is true that fire lanes
are only 24'wide,this total width remains unobstructed since it is illegal to park in a fire lane.The
streets in Alexander Court will be used for resident and visitor parking.Our experience suggests
that the 28'back-of-curb to back-of-curb with the 24'gutter-to-gutter you desire using rolled curbs
would result in vehicular parking extending further into the roadway than takes place with standard
curbs due to the wider gutter appearance and feel associated with rolled curbs.We can
accommodate rolled curbs only if the required space is provided.
Extra Inlets
The drainage requirements called for in the City's plan review of the subdivision are necessary.It
is the responsibility of the City to ensure that development does not create future problems.The
255 PARKWAY *P.O.BOX 9478 *COPPELL TX 75019 *TEL 972/462 0022 *FAX 972/304 3673
Mr.John Hawkins
August 10,2007
Page Two
City will also be the entity that unhappy homeowners contact for relief should the improvements
you want us to allow prove to be inadequate in the future
Raised Building Pads &Required Slopes
The City takes a similar position regarding the necessity to raise the building pads on certain lots
and to require certain grading slopes on certain lots.You were offered other solutions regarding
how to handle slopes and elevation changes in the development,including the possibility of using
retaining walls.It is my understanding that you chose not to employ other possible solutions,and
you continue to disagree with the City's requirements regarding slopes even after your engineer
agreed the changes could be made.For similar reasons stated above related to the drainage
improvement requirements,the City has confidence in our professional engineering staff opinion
that the requirements regarding building pads and grading slopes are necessary to avoid future
problems.
Concrete Caps for Bethel Road Water Line Cuts
The requirement to install concrete caps on the water line cuts on Bethel Road is standard practice
and can be found in our standard construction details.You have already been given permission to
open cut the roadway to perform water utility improvements.We would normally require boring
the roadway at a much greater expense to the developer.You are correct that Bethel Road will be
improved in the future.However,the exact timing ofthat improvement is unknown.The concrete
cap requirement better ensures the City that the roadway will not deteriorate prior to the
improvements being made.
It is not unusual for a developer's engineer and the City engineering staffto disagree.However,as
stated above,the City's responsibility for maintaining improvements and managing citizen
expectations long outlasts the responsibility of a developer.As such,it is the opinion of the City's
professional engineer upon which the City relies to make these types of decisions.
Our staff and City Attorney's office continue to believe the requirements placed on your
development are prudent,necessary,and within the scope ofthe authority ofthe City.I know of no
additional compromises that the staff is authorized to make or would agree to make at this time.
However,we will meet with you again if you so desire.You will have the opportunity to discuss
these issues with the City Council on August 28.Feel free to contact me should you wish to discuss
the matter further.
Sincerely,
6J 1?#f'
Clay Phillips
Deputy City Manager
~UG 14 2007 15:13 FR 2149650010 2149650010 TO 9723043673 P.02
NICHOLS,JACKSON,DILLARD,HAGER &SMITH,L.L.P.
J.David Dodd,111
E-mail:dclodd@njdhs.com
Clay Phillips
255 Parkway Blvd.
P.O.Box 9478
Coppell,TX 75019
AltOm~y~&Counselors at Law
1800 Lincoln Plaza
500 Nonh Akard
Dallas.Texas 75201
(214)965·9900
Fax (214)965-0010
E-mail NJDHS@NJDHS.com
August 14,2007
ROBERt L O\LlAAD,JR.(l91~·2000)
1-4.LOUIS NICHOLS
LAWRENCE:W JACKSON
OF COUNSEL
Re:Procedures for a Proportionality Appeal to the City Council
Dear Clay:
As the city attomeys for the City of Coppell we are writing you regarding the
above referenced matter.The developer of Alexander Court has requested a
proportionality review of certain fees in which we are charging.The authority to appeal
proportionality rulings is created under §212.904 of the Texas Local Government Code.
Under Local Government Code,as soon a professional engineer approves the amount of
fees required for infrastructure improvements that are roughly proportionate to the
.proposed development,the developer may appeal that decision to the city council.
Upon appealing to the city council,the burden of proving the amount of fees
charged is not proportionate to the development rests with the developer.Therefore,the
developer should present his evidence first.Upon presentation of the evidence by the
developer,the council members may ask questions of the developer.After the developer
has presented evidence and has been questioned,the professional engineer for the city
may offer evidence.Then the professional engineer for the city may be asked questions
by the council.The couDcil may then call any witness they need to before closing the
hearing.
The council shall make the applicable determination within (30)thirty days
following the submission of any testimony or evidence.Therefore,the council may either
issue a decision the night of the hearing or anytime within (30)thirty days after the final
submission of evidence.A developer has the right to appeal the detennination of the
council to the County or District Court in Dallas County within (30)thirty days of the
final determination of the council.
Thank you for your attention in this matter.Please feel free to contact our office should
you have any questions.
AUG 14 2007 15:13 FR 2149650010
J.David Dodd.III
E-mail:ddodd@njdhs.com
2149650010 TO 9723043673
Sincerely,
NICHOLS,~CKSON,DILLARD,HAGER h'SM1Tj,I,L.L.P.
By:
P.03
NICHOLS,JACKSON,Dll.LARD,HAGER &SMITH,L.L.P.
AGENDA REQUEST FORM DATE: August 28, 2007
ITEM #: 22
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the Susan G. Komen “Dig for A Cure” Event on
September 21.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: August 28, 2007
ITEM #: 23
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell.
B. Coppell ISD – Councilmembers Peters and Faught.
C. Coppell Seniors – Councilmembers Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Councilmember Peters.
E. Economic Development Committee – Mayor Pro Tem Hinojosa-Flores and
Councilmember Franklin.
F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember
Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
K. North Texas Council of Governments – Councilmember Brancheau.
L. NTCOG/Regional Emergency Management – Councilmember Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: August 28, 2007
ITEM #: 24
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: August 28, 2007
ITEM #: 25
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: August 28, 2007
Department Submissions:
Item No. 8 was placed on the Agenda for the above-referenced City Council
meeting by the Police Department. I have reviewed the Agenda Request
(and any backup if applicable) and hereby submit this item to the City
Council for consideration.
____________________
Police Department
Item Nos. 16, 17, 20 and 21 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
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 he same to the and hereby submit t
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)