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CP 2007-10-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA OCTOBER 9, 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 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, October 9, 2007, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag100907 Page 1 of 7 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. Mira Mar Development Corp. vs City of Coppell 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 Natural Gas Exploration. B. Discussion regarding proposed revisions to Section 6-15-6 Temporary On-Premise Signs. C. Discussion regarding appointments to the Economic Development Foundation. D. 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. ag100907 Page 2 of 7 ITEM # ITEM DESCRIPTION 7. Consider approval of a proclamation proclaiming the week of October 7th through 13th, 2007, as Fire Prevention Week, and authorizing the Mayor to sign. 8. Consider approval of a proclamation naming the week of October 15-19, 2007 as Chamber of Commerce Week, and authorizing the Mayor to sign. 9. Citizens' Appearances. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 25, 2007. B. Consider approval of a Resolution suspending the proposed rate change of Atmos Energy Corporation, Mid-Tex Division, providing that the rates of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company and authorizing the Mayor to sign. C. Consider approval of City of Coppell Change Order #5 to the Bethel Road Project #ST 99-05 in the amount of $57,767.65 paid for by KTR Coppell Holdings, LLC; and authorizing the City Manager to sign. D. Consider approval of a contract for the renewal of the Dallas County Health Services Agreement, effective October 1, 2007 through September 30, 2008, in the amount of $3,131.00 and authorizing the Mayor to sign. E. Consider approval of an Ordinance for 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 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, ag100907 Page 3 of 7 ITEM # ITEM DESCRIPTION approximately 250 feet south of Bethel Road, and authorizing the Mayor to sign. END OF CONSENT 11. Consider appointments to the Coppell Economic Development Foundation for a one year term. 12. PUBLIC HEARING: Consider approval of Case No. PD-230-O, Riverchase Golf Course, a zoning change request from SF-12 and SUP-1037-A (Single Family-9 and Special Use Permit-1037-A) to PD-230-O (Planned Development-230- Office, for golf course and related uses, and to amend Ordinance 297-A- 83 (S-1037.1) to delete condition 2., on approximately 95.5 acres of property located east and west of Riverchase Drive, north Belt Line Road. 13. Consider approval of the Grapevine Springs Community Center, Lots 1 & 2, Block A, Minor Plat, to establish a building site, various easements and fire lane to allow for the development of a 13,560-square-foot Recreation/Community Center on 22.4 acres of property located south of Bethel Road and west of Park Road. 14. Consider approval of the Coppell Commerce Center, Phase I, Block 1R2, Site Plan Amendment, to allow the development of a fourth office warehouse building, containing 37,800 square-feet on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road. 15. PUBLIC HEARING: Consider approval of the Coppell Commerce Center, Phase I, Block 1R2, Replat, being a replat of Block 1R of the Coppell Commerce Center Phase I, to establish fire lanes and easements to allow for the fourth office warehouse on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road. 16. Consider approval of the Freeport North, Lot 5R2, Site Plan Amendment, to allow the construction of a 60,600-square-foot building addition to the rear of the existing 101,000-square-foot office/warehouse building, providing for the reconfiguration of a previously approved expansion on 11.42 acres of property located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane. ag100907 Page 4 of 7 ITEM # ITEM DESCRIPTION 17. PUBLIC HEARING: Consider approval of the Freeport North, Lot 5R2, Replat, to establish property boundaries and fire lane and utility easements to allow the construction of a 60,600-square-foot building addition to the rear of the existing 101,000-square-foot office/warehouse building, on 11.42 acres of property, located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane. 18. PUBLIC HEARING: Consider approval of The Villages of Old Coppell, Lots 1-7, Block A, Final Plat and Replat, being a replat of a portion of Lot 1, Block 1, Coppell Service Center and a final plat of the Village at Old Coppell to establish final property boundaries of the Village at Old Coppell, dedicate right-of- way for Coppell Road and establish fire lane and utility easements to allow for service and retail uses, resulting in the relocation of the Service Center Drive, on approximately ten acres of property located along the east side of Coppell Road. 19. PUBLIC HEARING: Consider approval of Coppell Service Center, Lot 1R, Block 1, Final Plat and Replat, to relocate the Service Center Drive approximately 340 feet to the south of the current location and to expand the Coppell Service Center boundaries to allow for expansion of service center uses, on 10.87 acres of property located along the east side of Coppell Road, just north of the Dallas Area Rapid Transit right-of-way. 20. Consider approval of the Gateway Business Park, Lot 3C-R, Block 2, Site Plan, to allow the development of one office warehouse building, containing 151,825 square-feet on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. 21. PUBLIC HEARING: Consider approval of the Gateway Business Park, Lot 3C-R, Block 2, Replat, being a replat of Lot 3C, Block 2, of the Gateway Business Park, to establish fire lanes and easements to allow for the development of one office warehouse building on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. 22. Consider approval of a Development Agreement between City of Coppell and CH Realty IV/Bethel, L.P. 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. ag100907 Page 5 of 7 ITEM # ITEM DESCRIPTION 23. Consider approval of entering into an Engineering Design contract with GSWW, Inc. for the design of Deforest Road Improvements, Project #ST 05- 01, from MacArthur Boulevard to Windsor Estates; for a total maximum fee of $188,106.00; as provided for in CIP Funds; and authorizing the City Manager to sign. 24. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the Old Town Coppell Fall Harvest Festival. 25. Necessary action resulting from Work Session. 26. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 5th day of October, 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. ag100907 Page 6 of 7 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). ag100907 Page 7 of 7 KEY TO COUNCIL GOALS ICONS 2007 — 2012 Maintain Sustainable, Financially Sound City Government with Excellent Services • Maintain quality customer service resulting in 90+% customer satisfaction ratings • Ensure adequate resources to support defined services and service levels • Retain reserves consistent with city policy • Invest in the city’s future: operations & capital • Ensure residents are aware of city vision, goals, services and programs Develop & Revitalize Commercial Areas & Corridors • Continue development: corporate offices and major distribution businesses • Revitalize aged or deteriorating strip centers • Maintain and expand business tax base • Develop a quality hotel serving residents and guests • Retain and support expansion of current businesses located in Coppell Maintain & Upgrade City Infrastructure • Maintain and improve quality of roads, alleys, and sidewalks • Improve quality of storm water management systems • Improve and maintain quality of city facilities • Facilitate efficient traffic flow within and through the city • Improve municipal utilities where necessary and maintain existing Develop an Alive Old Coppell – A Community Destination • Develop a community destination: residents think of Old Coppell as a place to go • Attract small, niche retail businesses • Attract more restaurants • Maintain and expand the Farmers’ Market • Attract non-residents to come and return for dining, shopping and entertainment Maintain Attractive, Livable Neighborhoods with Quality Homes • Protect the integrity and identity of current neighborhoods • Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes) • Maintain and increase property values in older homes • Have infill developments that add value to the neighborhood • Have a high percentage of owner-occupied single-family homes Create a City for a Lifetime • Provide leisure and recreational opportunities for all family generations • Maintain a reputation as a safe community for all • Have all generations and diverse populations feel welcome • Maintain top quality schools in partnership with ISD’s • Rejuvenate community events with a high level of participation AGENDA REQUEST FORM DATE: October 9, 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. Mira Mar Development Corp. vs City of Coppell. 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: October 9, 2007 ITEM #: WS-3 WORK SESSION A. Presentation regarding Natural Gas Exploration. B. Discussion regarding proposed revisions to Section 6-15-6 Temporary On- Premise Signs. C. Discussion regarding appointments to the Economic Development Foundation. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn Page 1 of 2 DATE: October 2, 2007 TO: Mayor and City Council FROM: Marcie Diamond, Assistant Director of Planning RE: Proposed revisions to Sec. 6-15-6. Provisions for temporary (on-premise) signs. History Given the proliferation of unsightly leasing signs, City staff in consultation with the City Council, has determined that it is in the best interest of the community at large to reevaluate the City’s present sign ordinance with regard to leasing multifamily, retail, commercial, office, and industrial space. In July of this year, 38 notices were sent to property owners regarding non- conforming lease signs that were in technical violation of the City’s existing Code of Ordinances. This notice stated that any sign presently in place that meets the City’s size requirements would be allowed to remain until such time as new regulations were developed and implemented by the city of Coppell. February 1, 2008 was stated as the target date by which time all leasing signs must be brought into code compliance by the property owner. Research and Analysis Staff surveyed eight surrounding communities regarding their temporary sign regulations. As detailed on Attachment “B”, Coppell’s regulations are somewhat consistent with the comparison communities in terms of quantity, size and locations of signs. However, our current requirement that leasing signs must be removed when the property is 75% leased or sold appeared overly restrictive. Finally, the city of Southlake recently approved an amendment to their sign regulations including various design standards for temporary signs. These proposed revisions are in part, modeled after those provisions. Page 2 of 2 Summary of Proposed Revisions: ¾ Reduce the size of signs along S.H. 121 and I.H. 635, on properties greater than two acres in size from 200 square feet to 64 square feet, and on properties less than two acres from 36 square feet to 32 square feet. ¾ Allow 64 square foot signs in Light Industrial zoned areas on properties greater than two acres and 32 square foot signs on properties less than two acres (currently maximum size permitted is 36 square feet). ¾ On all other business properties (MF, HC, C, R, O and PD’s for those uses) the following revisions are proposed: o Maximum size reduced from 36 square foot to 32 square feet; o Reduce the number of signs from four to one per lot, per street frontage; o Incorporate design standards to include types of materials, colors, size, height, etc. o Allow for a Permanent Leasing Sign in lieu of a Temporary Leasing sign if incorporated within multi-tenant sign. ¾ Revise the existing provision that this type of sign would only be permitted until the property was 75% leased….to being allowed when any vacancy exists, however, signs shall be removed within seven days after a C.O. is issued for the vacancy. Attachments: “A” - Existing Regulations “B” - Comparison Table “C” – Proposed Revisions in Red-lined format ATTACHMENT “A” EXISTING REGULATIONS Sec. 6-15-6. Provisions for temporary (on-premise) signs. The following signs may be erected and maintained subject to the following restrictions: …. 2. Business real estate signs: (A) Highway frontage: (i) Temporary signs advertising the sale, rental or lease of the land upon which the sign is located may be erected on a tract of land two acres or larger in size fronting State Highway 121 or Interstate Highway 635 subject to the following restrictions. (ii) Such signs shall not exceed 200 square feet in effective area, shall be located a minimum of 15 feet from all property lines and shall be limited to one sign per tract. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (B) Other locations requiring a permit: (i) Temporary signs advertising the sale, rental or lease of the property on which the sign is located may be erected on a tract of land less than two acres in size fronting State Highway 121 and Interstate Highway 635, and on tracts of any size elsewhere, except for property zoned SF, TH or 2F, subject to the following restrictions. (ii) Such signs shall not exceed 36 square feet in effective area, shall be located a minimum of 15 feet from all property lines, shall be spaced a minimum of 50 feet apart along a lot frontage, and shall be limited to no more than four signs per lot. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (C) Locations not requiring a permit: No permit is required for the owner or occupant of business zoned property to erect and maintain non- illuminated real estate sale signs until the ownership has been transferred, subject to the following restrictions. Such signs shall not exceed six square feet and shall be located no closer than 15 feet from any property line. No more than one sign shall be located for every two acres in a tract of land or portion thereof. ….. 4. Temporary construction signs: One temporary construction sign is permitted to advertise the coming of a new business. Such signs shall not be erected prior to the approval of the site plan and/or zoning action by the city council for the property on which the sign is to be located. The sign must be removed prior to the issuance of a certificate of occupancy or two years from the date of the city council action, whichever occurs first. Such signs shall conform to the following provisions: Maximum effective area--100 square feet. Maximum height--15 feet. Minimum setbacks--15 feet from the street right-of-way. ATTACHMENT “B” RESEARCH ON TEMPORARY (FOR LEASE) SIGN REGULATIONS Page 1 of 3 CITY TEMP/PERM MAXIMUM HEIGHT MAXIMUM SIZE NUMBER OF SIGNS DURATION/ TIME LIMIT OTHER STANDARDS COMMENTS HIGHWAY FRONTAGE & OVER 2 AC. : 200 S.F. I PER TRACT COPPELL TEMPORARY LESS THAN 2 ACRES AND NON-HIGHWAY FRONTAGE; 36 SQ. FT. 50 FT. APART, MAX. 4 PER LOT ONE YEAR OR 75% OF PROPERTY SOLD OR LEASED Southlake Temporary or Permanent 5’+ A Max. 9” Finial on Each Post 12 S.F. Per Sign Face May Be Two Sided 1 Per Street Frontage Only When Space Is Avail For Lease Sign Post: 3-4’ extruded metal with decorative finials. Sign Frame: Same color and materials as sign post Sign Face: Color: white gray, or beige/cream. Foreground color (font and logo) shall be black. Material: ¼” TO ½” plastic or aluminum coated DMO or plastic cored aluminum.1 1 See attached illustration. ATTACHMENT “B” RESEARCH ON TEMPORARY (FOR LEASE) SIGN REGULATIONS Page 2 of 3 CITY TEMP/PERM MAXIMUM HEIGHT MAXIMUM SIZE NUMBER OF SIGNS DURATION/ TIME LIMIT OTHER STANDARDS COMMENTS Permanent 16’ 36 sq. ft. per sign face 50’ apart, max. 4 per lot Sign Post: 3” steel square tube supports Painted Pantone 404(C) Temporary 16’ 36 sq. ft. per sign face 50’ apart, max. 4 per lot Permit renewed every 12 months. Addison Dallas Parkway 108 sq. ft. per sign face. Max. 4 w/max. 144 square feet total Permit renewed every 12 months. Grapevine Temporary 6’ 12 sq. ft. 1 per 30 ft. of frontage Remove upon sale or rental Lewisville Temporary 32 sq. ft. less than one acre, 64 sq. ft. 1-20 acres 200 sq. ft. over 21 acres One year Carrollton 12’ 32 sq. ft. 1 per address 12 months -Renewable until C.O. V-shaped signs shall not exceed 45 degrees to be considered as two separate faces. Colleyville Temporary 10’ 64’ Must be removed 7 days after completion of sale/lease ATTACHMENT “B” RESEARCH ON TEMPORARY (FOR LEASE) SIGN REGULATIONS Page 3 of 3 CITY TEMP/PERM MAXIMUM HEIGHT MAXIMUM SIZE NUMBER OF SIGNS DURATION/ TIME LIMIT OTHER STANDARDS COMMENTS Las Colinas Temp 12’ x 4’ 2- panels Upper (LC Logo) 7 sq. ft. Lower 25sq.ft.1 per street frontage, Max. 2 per property Posts: Gray or Teal Green Upper panel – match post color Lower Panel – copy by applicant Metal (req. in urban center) or wood.2 Irving 32 sq. ft. less than one acre, 64 sq. ft. 1-20 acres 200 sq. ft. over 21 acres One year 2 See attached illustration Page 1 of 2 EXHIBIT “C” PROPOSED REVISIONS Sec. 6-15-6. Provisions for temporary (on-premise) signs. The following signs may be erected and maintained subject to the following restrictions: …. 2. Business real estate signs: (A) Highway frontage and property zoned LI: (i) Temporary signs advertising the sale, rental or lease of the land upon which the sign is located may be erected on a tract of land two acres or larger in size fronting State Highway 121, or Interstate Highway 635, and properties zoned Light Industrial, subject to the following restrictions. (ii) Such signs shall not exceed 200 64 square feet in effective area, shall be located a minimum of 15 feet from all property lines and shall be limited to one sign per tract/lot per street frontage. Permits for such signs are limited to a period of one year from the date of issuance. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased.and may be renewed for a period not to exceed one year only when vacancies exist. Such signs shall be removed within 7 days after a C.O. is issued for the vacancy. . (B) Other locations requiring a permit: (i) Temporary signs advertising the sale, rental or lease of the property on which the sign is located may be erected on a tract of land less than two acres in size fronting State Highway 121 and Interstate Highway 635, and on tracts of any size elsewhere, except for property zoned SF, TH, or 2F, subject to the following restrictions. (ii) Such signs shall not exceed 36 32 square feet in effective area, shall be located a minimum of 15 feet from all property lines, shall be spaced a minimum of 50 feet apart along a lot street frontage, and shall be limited to no more than four one sign per lot, per street frontage signs per lot. Permits for such signs are limited to a period of one year from the date of issuance, . and may be renewed for a period not to exceed one year, only when vacancies exists. Such signs shall be removed within 7 days after a C.O. is issued for the vacancy. No such signs may be erected or maintained once 75 percent of the property has been sold, rented or leased. (iii) Such signs shall be designed as follows: Page 2 of 2 a. Sign Post: 3-4’ extruded metal with decorative finials. b. Sign Frame: Same color and materials as sign post c. Sign Face: Color: white, gray or beige/cream. Foreground color (font and logo) shall be black. d. Material: ¼” TO ½” plastic or aluminum coated DMO or plastic cored aluminum. e. V-shaped signs shall not exceed 45 degrees to be considered as two separate faces. (iv) In lieu of a Temporary Leasing sign as provided for herein, Leasing Contact Information may be incorporated within multi-tenant signs, as provided in Sec. 12-29-4.2 (A) iii of the Sign Ordinance, and may remain on a permanent basis. (C) Locations not requiring a permit: No permit is required for the owner or occupant of business zoned property to erect and maintain non-illuminated real estate sale signs until the ownership has been transferred, subject to the following restrictions. Such signs shall not exceed six square feet and shall be located no closer than 15 feet from any property line. No more than one sign shall be located for every two acres in a tract of land or portion thereof. ….. 4. Temporary construction signs: One temporary construction sign is permitted to advertise the coming of a new business. Such signs shall not be erected prior to the approval of the site plan and/or zoning action by the city council for the property on which the sign is to be located. The sign must be removed prior to the issuance of a certificate of occupancy or two years from the date of the city council action, whichever occurs first. Such signs shall conform to the following provisions: Maximum effective area--100 square feet. Maximum height--15 feet. Minimum setbacks--15 feet from the street right-of-way. 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 Fire October 9, 2007 7 ✔ PROCLAMATION Consider approval of a proclamation proclaiming the week of October 7th through 13th, 2007, as Fire Prevention Week, and authorizing the Mayor to sign. Staff recommends approval. (FirePreventWk07-1 AR PROCLAMATION WHEREAS, the City of Coppell is committed to ensuring the safety and security of all those living in and visiting our city and state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the National Fire Protection Association (NFPA) reports that home fires killed 3,030 people in the U.S. in 2005 – roughly eight people every day; and WHEREAS, the City of Coppell residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, the City of Coppell Fire and EMS responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared, and will, therefore, be more likely to survive a fire; and WHEREAS, the 2007 Fire Prevention Week theme, “It’s Fire Prevention Week - Practice Your Escape Plan!”, effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim the week of October 7-13, 2007, as Fire Prevention Week IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 9th day of October 2007. ______________________________ Douglas N. Stover, Mayor ATTEST: ____________________________ Libby Ball, City Secretary 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 October 9, 2007 8 ✔ PROCLAMATION Consider approval of a proclamation naming the week of October 15-19, 2007 as CHAMBER OF COMMERCE WEEK, and authorizing the Mayor to sign. Staff recommends approval. Staff recommends approval. !Chamber-1AR PROCLAMATION WHEREAS, more than six hundred local chambers of commerce in Texas distinguish themselves as the voice of business in our State; and WHEREAS, the work accomplished by those local chambers has benefited our State through their economic development and community development programs; and WHEREAS, the local chambers of commerce unceasingly promote their community for quality growth and development; and WHEREAS, the business community, represented through local chambers of commerce, has been a driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs, and a positive vision of the future; and WHEREAS, the chamber of commerce community in Texas has sought to achieve successful results for our state in a cooperative spirit with other organizations. NOW THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby proclaim the week of October 15-19, 2007 as "CHAMBER OF COMMERCE WEEK" in the city of Coppell, and recognize the leadership of the Coppell Chamber of Commerce, both past and present, for their efforts to improve the economic development and to enhance the overall growth of our City. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of October 2007. _____________________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: October 9, 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 October 9, 2007 10/A ✔ PROCEDURAL Consider approval of minutes: September 25, 2007. Minutes of the City Council meeting held on September 25, 2007. Staff recommends approval. %minutes MINUTES OF SEPTEMBER 25, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 25, 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 (late arrival) Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Bill York, Councilmember Councilmember Franklin was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Councilmember Tunnell 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. Discussion regarding up-coming meetings. B. Discussion of Agenda Items. Mayor Pro Tem Hinojosa-Flores arrived prior to convening Work Session. RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:00 PM TO 7:00 PM. REGULAR SESSION (Open to the Public) 3. Convene Regular Session. Mayor Stover arrived at the beginning of the Regular Session. cm092507 Page 1 of 9 4. Invocation. Pastor Jennifer Scott of the First Methodist Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 6. Consideration of rescinding action regarding the appointment of individuals to the Coppell Education Development Corporation taken at the September 11, 2007 meeting, and consideration of appointment of incumbents to said Corporation. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember Peters moved to approve rescinding action regarding the appointment of individuals to the Coppell Education Development Corporation taken at the September 11, 2007 meeting and appointing Antonio Altemus, April Terry, Bill Elieson and Marilyn Kibler as members of the Coppell Education Development Corporation. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in favor of the motion. 7. Swearing in of newly appointed Board/Commission/Committee members. Mayor Stover swore in the new members who were present to the Boards and Commissions. 8. Report by Keep Coppell Beautiful. Brent Wooten, Chair, make the board’s semi-annual report to Council. cm092507 Page 2 of 9 James Halpin, Youth Advisor, addressed Council. 9. Citizens' Appearances. A. Ms. Jerry Slaughter, 1040 Mapleleaf, addressed Council concerning problems in Woodridge addition and code enforcement. B. Jerry Coker, 335 Westlake Drive, addressed Council regarding the upcoming sales tax election and expressed his opposition to the tax being proposed. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 11, 2007. B. Consider approval of renewing the service agreement with Motorola, Inc. for the maintenance of all city radios and the communication network in the amount of $60,166.68; and authorizing the City Manager to sign. C. Consider approval of a grant for technology in the amount of $139,550 for literacy between Carrollton/Farmers Branch ISD, the city of Coppell, and the Coppell Education Development Corporation, and authorizing the City Manager to sign. D. Consider approval of a grant for technology in the amount of $54,525 for technology between Carrollton/Farmers Branch ISD, the city of Coppell, and the Coppell Education Development Corporation, and authorizing the City Manager to sign. E. Consider approval of an agreement for the architectural services of J. Stuart Todd, Inc., for the Rolling Oaks Cemetery in an amount not to exceed $135,000 and authorizing the City Manager to sign. cm092507 Page 3 of 9 F. Consider approval of a professional services agreement with Brinson Benefits, Inc. for benefit consulting services and other health and wellness related services in the amount $117,839.00 and authorizing the City Manager to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D, E and F. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in favor of the motion. 11. Consider approval of Supplemental Agreement #1 To Interlocal Cooperation Agreement Regarding SH-121 Dated February 1, 2000 to allow for the refund of $1,200,000.00 previously paid for SH-121; and authorizing the Mayor to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Supplemental Agreement #1 To Interlocal Cooperation Agreement Regarding SH-121 Dated February 1, 2000 to allow for the refund of $1,200,000.00 previously paid for SH-121; and authorizing the Mayor to sign. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in favor of the motion. 12. Consider approval of the Annual Report from the Coppell Education Development Corporation. Presentation: City Manager Jim Witt made a presentation to the Council. cm092507 Page 4 of 9 Action: Councilmember Brancheau moved to approve the Annual Report of the Coppell Education Development Corporation. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in favor of the motion. 13. Consider approval of a new Tax Abatement Policy for the City of Coppell to take effect on October 1, 2007. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Faught moved to approve a new Tax Abatement Policy for the City of Coppell to take effect on October 1, 2007. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in favor of the motion. 14. Consider approval of a tax incentive policy for Old Town Coppell to take effect on October 1, 2007. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Peters moved to approve a tax incentive policy for Old Town Coppell to take effect on October 1, 2007. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in favor of the motion. 15. Consider approval of Council goals for 2007. cm092507 Page 5 of 9 Presentation: Deputy City Manager Clay Phillips made a presentation to the Council. Action: Councilmember Tunnell moved to approve Council goals for 2007. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in favor of the motion. 16. Mayor and Council Reports. A. Report by Mayor Stover regarding the “Dig for a Cure” held on September 22nd. B. Report by Councilmember Faught regarding Grapefest. C. Report by Councilmember Tunnell regarding National League of Cities. D. Report by Councilmember Tunnell regarding Economic Development Steering Committee Meeting. A. Mayor Stover congratulated Laurie McNamara for all her work with the “Dig for a Cure.” The volleyball team raised over $10,000 for the Susan G. Koman Foundation. The Mayor thanked the Council and community for all their support and stated that former Mayor Candy Sheehan was very honored and wanted to expressed her appreciation as well. B. Councilmember Faught recounted Grapevine’s Mayoral Grape Stomp at Grapefest and stated that he and Councilmember Brancheau had won again for their unique costumes. Mayor Stover thanked them for representing the City of Coppell so well. C. Councilmember Tunnell reported that Item D was really part of Item C. She stated she had attended NLC in Grand Junction, Colorado they discussed developers and environmental issues among other things. 17. 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. cm092507 Page 6 of 9 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. A. Councilmember Tunnell announced that CFBISD Superintendent Annette Griffin is being recognized as Citizen of the Year at a dinner and silent auction on October 18 from 6-9 p.m. at Brookhaven Country Club. A Breakfast for Children is being held on October 2 at the Intercontinental Hotel to celebrate the Education Foundation’s 10th anniversary. Jody Williams was named the new principal for Riverchase Elementary. LISD will be having an Early Education Screening on September 27 and 28. B. Councilmember Faught informed Council that school enrollment this year was 9,903 students with 2,977 students at the high school, 2,426 students in the middle schools and 4,500 students at the elementary schools. CISD hired 180 new employees this year with 132 being teachers. Two public meetings will be held on October 3 and 4 from 7-9 p.m. to receive public input regarding redistricting. Councilmember Peters announced the Education Foundation would be hosting a Casino Party on Saturday, September 29 and that a Coppell Nature Center Workday would also be held on that same date. C. Councilmember Brancheau advised that the Seniors would hold their Potluck Luncheon on Wednesday, September 26 at 11:30 a.m. D. Councilmember Peters reported that the City of Coppell will be accepting $1.2 million back from the City of Dallas. E. Mayor Pro Tem Hinojosa-Flores said the Economic Development Committee discussed KTR Coppell, LLC’s request of a waiver of 50% of the roadway impact and building fees. F. There was nothing to report on this item. cm092507 Page 7 of 9 G. Councilmember Tunnell stated that the Metrocrest Hospital Authority has changed operators from Tenet to Hospital Partners of America. RHD will be renamed in the upcoming future and the board will now cover both hospitals. H. Councilmember Tunnell announced that the Stetsons and Turquoise Annual Gala was a success, but the final totals were not in yet. I. There was nothing to report on this item. J. There was nothing to report on this item. K. There was nothing to report on this item. L. There was nothing to report on this item. M. Councilmember York discussed the luncheon for the North Texas Commission that he attended along with Mayor Stover and Councilmembers Brancheau and Peters. Jerry Jones spoke about the 2011 Super Bowl and the new Cowboy Stadium. N. Councilmember Faught reported that Senior Adult Services had received a grant from the Metrocrest Medical Foundation for $20,787 for the use of transportation. Also on October 22 they will hold Tee Up for Seniors at Indian Creek Golf Club. EXECUTIVE SESSION (Closed to the Public) 18. 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. Seek legal advice from the City Attorney regarding applicability of City of Coppell Zoning Ordinance and actions of the Planning and Zoning Commission. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. cm092507 Page 8 of 9 C. Section 551.074, Texas Government Code - Personnel Matters. 1. Deliberation regarding City Manager Evaluation. Mayor Stover convened into Executive Session at 8:37 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:50 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) 19. Necessary action resulting from Work Session. There was no action necessary under this item. 20. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm092507 Page 9 of 9 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 October 9, 2007 10/B ✔ RESOLUTION Consider approval of a Resolution suspending the proposed rate change of Atmos Energy Corporation, Mid-Tex Division, providing that the rates of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company and authorizing the Mayor to sign. Staff recommends suspension of the proposed rate increase and to participate jointly with the other affected cities to retain consultants for an independent analysis of the Atmos Energy Corporation, Mid-Tex Division rate filing. Suspending the effective date allows Coppell and the other cities more time to review and decide on the final action, including settlement or denial of the requested rate increase. Staff recommends. $TXU-1AR(Consent) 2557/00/mmo070601 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com M E M O R A N D U M TO: Atmos Cities Steering Committee Members FROM: Geoffrey Gay Kristen Doyle Georgia Crump DATE: September 20, 2007 RE: Atmos Mid-Tex Statement of Intent to Increase Rates – ACTION REQUIRED TO SUSPEND THE EFFECTIVE DATE BY OCTOBER 25, 2007 Atmos is filing a Statement of Intent to Increase Rates with all cities that retain original jurisdiction in the Mid-Tex region. The Statement of Intent indicates that the Company is seeking a $52 million rate increase. If approved, the $52 million increase would raise rates for the average residential customers by nearly $20 per year. The rate increase requested by Atmos will become effective on October 25, 2007, unless the city takes action to suspend the effective date. The statute permits cities to extend the effective date by up to 90 days in order to study the filing. The city must take action to suspend the effective date by October 25, 2007. Attached to this memo is a model suspension resolution and staff report. ACSC Meeting October 18th to Discuss the Filing Suspending the effective date allows cities more time to review the application and decide on the final action, including settlement or denial of Atmos' requested rate increase. Jay Doegey, city attorney for the City of Arlington and Chairman of the Atmos Cities Steering Committee will host a meeting of all ACSC members to discuss the filing. The meeting will be held in Arlington on October 18th at 10:00 a.m. at the Arlington Library Community Room, 101 E. Abram Street. Representatives from Atmos will be invited to attend the meeting to address ACSC members. There will also be an opportunity for ACSC members to discuss strategy, including settlement with ACSC consultants and attorneys. In this case, the Company's request to raise rates is essentially a re-litigation of the Atmos Mid-Tex rate case that concluded earlier this year. The order in that rate case became final this May. In that case, Atmos sought a $62 million rate increase. After a three week hearing, the Railroad Commission judges concluded that Atmos was overearning and rates should be reduced by $23 million. However, the Railroad Commissioners overturned the judges' decision to reduce rates and approved a $10 million rate increase for residential customers. Page 2 September 26, 2007 ACSC members have a long and successful history of settling rate issues and avoiding formal rate cases. Lone Star Gas (predecessor to TXU Gas) went fifteen years without a single formal distribution rate case. TXU Gas had only one distribution rate case before the Railroad Commission before selling the system to Atmos. Numerous TXU Gas regional cases were consolidated and settled at the city level without the necessity of appeal to the Railroad Commission. On the electric side, Steering Committee cities have settled two major cases in the past five years – avoiding litigation and substantially benefiting customers. ACSC will endeavor to identify ways to reasonably benefit customers and avoid litigating Atmos' request to raise rates. Atmos is Scheduling Meetings with City Officials Atmos representatives are currently scheduling meetings with Mayors and city officials and using the threat of another rate increase in an attempt to persuade city officials to accept automatic annual rate adjustments that will guarantee Atmos a certain level of profits. This automatic profit guarantee adjustment will be implemented in addition to the annual GRIP surcharge. It is important to know that Atmos wants city officials to give them something that the Railroad Commission has already considered and rejected. In the May final order issued in Mid-Tex's last rate case, the Railroad Commission rejected a similar request by Atmos to implement a mechanism to guarantee profits. Although Atmos has described these annual profit guarantee adjustments to the media and to city officials as a way to avoid rate cases, what is not being explained is that the adjustment will maintain a certain level of profits for Atmos shareholders regardless of Atmos' actual costs or the amount of natural gas consumed. The automatic adjustment to guarantee profits will not allow cities or the Railroad Commission to examine the Company's actual costs or whether the costs were prudently incurred before the increase is collected. In fact, the guarantee of profits will ensure that Atmos will make more money even if customers use less gas. No other gas company in Texas has ever received a guarantee of profits. No circumstances have changed since the Railroad Commission denied Atmos' request in May that would support a guarantee of profits. In fact, the interest rate reductions that have occurred since the last order became final indicate that Atmos' rates should decrease, not increase, since the Company's cost to borrow money has declined. If you have any questions, please feel free to contact Geoffrey (512/322-5875, ggay@lglawfirm.com), Kristen (512/322-5820, kdoyle@lglawfirm.com), or Georgia (512/322- 5832, gcrump@lglawfirm.com.) 2557/03/mmo070928 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com M E M O R A N D U M TO: Atmos Cities Steering Committee Members FROM: Geoffrey Gay Kristen Doyle Georgia Crump DATE: September 28, 2007 RE: Atmos Mid-Tex Statement of Intent to Increase Rates – Status Update NOTE: Suspension Due by October 25, 2007 ACSC Meeting with Arlington October 18, 2007 at 10:00 a.m. Last week, Atmos filed a Statement of Intent to Increase Utility Rates with all cities that retain original jurisdiction in the Mid-Tex region. Your city must take action to suspend the effective date of the rate increase by October 25, 2007 or the rate increase will become effective within city limits. Kristen emailed all ACSC members a model suspension resolution and staff report last Thursday. If you did not receive that email, please contact our secretary, Gail Johle (512/322-5877) as soon as possible. This memo is a brief summary of the Company's filing. We understand that Atmos representatives are inviting Mayors and other elected city officials to meetings to discuss the filing in an attempt to dissuade cities from denying the rate increase. The Atmos representatives have expressly stated that regulatory attorneys that would be familiar with rate concessions and rate design are not invited to attend. ACSC members obviously would like to avoid the imposition of a sixth rate increase in four years. While we hope that this can be successfully achieved through settlement, Atmos' tactics thus far do not appear to be consistent with an entity that intends to engage in good faith negotiations. Review of Filing The Statement of Intent indicates that the Company is seeking a $52 million rate increase. If approved, the $52 million increase would raise rates for the average residential customers by nearly $20 per year. This means that base rates billed to residential customers would increase by 12%. Commercial and industrial/transport customers would receive proportionately larger increases in base rates (27% and 49% increases, respectively). Note that the percentage change Page 2 September 28, 2007 between current and proposed base rates for each customer class is higher than those reflected in Atmos' public notice. This is because Atmos included the pending GRIP surcharge amounts (that ACSC member Cities recently denied) in current base rates, which has the affect of making the difference between the proposed base rate increase appear smaller. The Company's request to raise rates is very much a re-litigation of the Atmos Mid-Tex rate case GUD 9670 that became final this May. Atmos' filing seeks from the cities what the Railroad Commission would not approve in GUD 9670. Some of the these items include: Test Year: The January 1, 2005 – December 31, 2005 test year used in GUD 9670 ended six months before the July 1, 2006 through June 30, 2007 test year relied upon in this case began. Initial Observations: This case was filed approximately 52 days after the conclusion of the test year it is based upon. Atmos has complained that many of the egregious violations identified by the examiners and the Railroad Commission in GUD 9670 were attributable to the fact that the Company did not have enough time to prepare the case after the conclusion of the test year. The Company blamed the cities for not having enough time. However, in GUD 9670, Atmos had significantly more time to prepare their case after the conclusion of the test year (more than 140 days). The short amount of time that Atmos has taken to prepare this case raises concerns about whether there is appropriate documentation for the request. Return on Equity (ROE): Atmos seeks an 11.00% ROE. It sought an 11.75% ROE in GUD 9670. The Railroad Commission approved a 10.00% ROE. Initial observations: Since the 10.00% ROE was approved in GUD 9670, the Federal Reserve Board has lowered interest rates, which would have the effect of decreasing the appropriate ROE set in this case. Even if there had been no action by the Federal Reserve Board, 11.00% is an extraordinarily high ROE for Company operations. ROE is meant to reward shareholders for the risks that they undertake by investing in the company. Given that Atmos has eliminated regulatory lag with the annual GRIP surcharge and fluctuations in revenues resulting from weather variations with the Weather Normalization Adjustment, the level of risk faced by Atmos Mid-Tex investors is significantly lower than the risk faced by typical utilities and justifies a decreased ROE. At the same time Atmos seeks an increase in its ROE, it is also seeking approval of its Revenue Stabilization Adjustment (or what it is now calling a Rate Review Mechanism – RRM), which would eliminate virtually all remaining risk to the Company. Rate Review Mechanism (RRM) Clause: In this case, Atmos requests approval of a "Rate Review Mechanism" or RRM clause. In GUD 9670, Atmos requested Commission approval of its proposed Revenue Stabilization Adjustment (RSA). The Railroad Commission rejected Atmos' request, finding that the RSA was not reasonable. Page 3 September 28, 2007 Initial Observations: The RRM is the rejected RSA with a new name. In its Statement of Intent filed in GUD 9670, Company witness Charles Yarbrough described the RSA as a new tariff item "to adjust for any over or under recovery of the authorized revenue requirement from each class of customer." The RSA would be an annual true-up of the revenue received. The Company claimed that the RSA was necessary in order for the Company to earn its authorized rate of return. In this case, Company witness John Paris describes the RRM as providing for "an annual review of the company's cost of operations to ensure ratepayers more stable and equitable rates." Mr. Paris claims that the purpose of the RRM mechanism is to ensure transparency of the Company's annual financial performance and that the rates paid by customers will recover only those revenues necessary to achieve the authorized rate of return. Although Mr. Paris explains it more eloquently than Mr. Yarbrough and the new name makes it sound more customer-friendly, the plain language of the RRM tariff makes it clear that this is the same mechanism rejected by the Railroad Commission as unreasonable. A better name for the RSA or RRM clause is a Profit Level Guarantee. The RRM would be used to account for changes in company revenues resulting from changes in customer usage. When less gas is used by a customer class, ratepayers of that class are surcharged to make up the difference in the Company's revenues. Although Atmos makes it seem like this is a two-way street – that rates could go down if class usage goes up – there has been no evidence of increasing gas use occurring anywhere nationwide. In other non-regulatory venues, Atmos acknowledges that a RSA or RRM or any other mechanism like this is meant to generate surcharges and additional revenue for the Company. The Chief Financial Officer for Atmos made a rate design presentation at a Wachovia Securities Conference last June describing Atmos' intention to "decouple" its profit margin from customer usage of their product and specifically referred to the Atmos Mid-Tex filing (GUD 9670) as an example. Automatic adjustments such as the RRM are bad public policy. When this type of mechanism to automatically adjust rate base and expenses has been implemented in other jurisdictions, consumers' rates increase faster and by a greater percentage than the rates for consumers in comparable jurisdictions without automatic rate adjustments. ACSC Meeting October 18th to Discuss the Filing Suspending the effective date allows cities more time to review the application and decide on the final action, including settlement or denial of Atmos' requested rate increase. A meeting of all ACSC members will be held in Arlington on October 18th at 10:00 a.m. at the Arlington Library Community Room, 101 E. Abram Street to discuss the filing. Representatives from Atmos will be invited to attend the meeting. There will also be an opportunity for ACSC members to discuss strategy, including settlement with ACSC consultants and attorneys. If you have any questions, please feel free to contact Geoffrey, Kristen, or Georgia. STAFF REPORT The Railroad Commission issued a Final Order approving new system-wide rates for customers of Atmos Energy's Mid-Tex Division in May. Residential rates were increased by $10 million annually. Also in May, Atmos Mid-Tex filed its application for its fourth GRIP surcharge in four years, seeking to increase the rates of all customers by $12 million annually. Despite both of these recent actions to increase customers' rates, Atmos Mid-Tex has filed an application with cities retaining original jurisdiction over rates and services to increase system- wide rates by another $52 million. The Company's application was filed with the City on September 20, 2007. Atmos asks the City to approve an 8.27% increase in residential rates, a 22.72% increases in commercial rates, and a 38.95% increase in industrial and transportation rates. Purpose of the Resolution: The resolution suspends the effective date of the Company's rate increase for the maximum period permitted by law to allow the City time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by a natural gas utility cannot become effective until 35 days following the filing of the application to change rates. The law permits the City to suspend the effective date for 90 days. If the City does not take action to suspend the filing, Atmos Mid-Tex may begin charging increased rates after October 25, 2007. According to Atmos, annual rates would increase by approximately $20 for residential customers. The City has participated in prior Atmos Gas rate matters with a coalition of cities now known as Atmos Cities Steering Committee (ACSC). ACSC is a permanent standing committee with 99 members who have passed resolutions authorizing ACSC to intervene on behalf of the city in natural gas matters pending before the Railroad Commission, the Courts or the Legislature. There are currently 141 cities participating with ACSC, including cities that are participating with ACSC on an ad hoc basis. A list of the current members and participants is attached. Explanation of "Be It Resolved" Paragraphs: Section 1. The city is authorized to suspend the effective date for 90 days for any legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as “the maximum period allowed by law” rather than ending by a specific date. This is because the Company controls the effective date and can extend the deadline for final city action to increase the time that the City retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not increased by the Company, the City must take final action on Atmos' request to raise rates by January 24, 2007. Section 2. Negotiating clout and efficiency are enhanced by the City cooperating with other ACSC cities in a common review and common purpose. Additionally, rate case expenses are minimized when ACSC hires one set of attorneys and experts who work under the guidance and control of the ACSC Executive Committee. This provision authorizes the ACSC to act on behalf of the City at the local level in settlement discussions, and in preparation of a rate ordinance and on appeal of the rate ordinance to the Railroad Commission and on appeal to the Courts. Any settlement negotiated by ACSC must be approved by all ACSC member city councils through new rate ordinances. Section 3. Cities, by statute are entitled to recover their reasonable rate case expenses from the utility. Legal counsel and consultants approved by the ACSC Executive Committee will submit monthly invoices to the City of Arlington that will be forwarded to Atmos for reimbursement. No individual city incurs liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and where the consideration of the Resolution was properly noticed. Section 5. This section provides that both Atmos and counsel to ACSC will be notified of the City’s action by sending a copy of the approved and signed resolution to certain designated individuals. Atmos Cities Steering Committee Cities (141 Total) Abilene Addison Allen Alvarado Argyle Arlington Bedford Benbrook Beverly Hills Blossom Blue Ridge Bowie Boyd Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Carrollton Cedar Hill Celeste Celina Cleburne Clyde College Station Colleyville Colorado City Comanche Coolidge Coppell Corinth Corral City Crandall Crowley Dalworthington Gardens Denison DeSoto Duncanville Eastland Edgecliff Village Emory Ennis Everman Fairview Farmers Branch Farmersville Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Grand Prairie Grapevine Haltom City Harker Heights Haskell Haslet Heath Hewitt Highland Park Highland Village Honey Grove Hurst Iowa Park Irving Justin Kaufman Keene Keller Kemp Kennedale Kerrville Killeen Krum Lake Worth Lancaster Lewisville Little Elm Malakoff Mansfield McKinney Mesquite Midlothian Murphy Newark North Richland Hills Northlake Oak Leaf Ovilla Palestine Pantego Paris Parker Pecan Hill Plano Ponder Pottsboro Prosper Quitman Red Oak Reno (Parker County) Richardson Richland Hills Roanoke Robinson Rockwall Roscoe Rowlett Sachse Saginaw San Angelo Seagoville Sherman Snyder Southlake Springtown Stamford Stephenville Sulphur Springs Sweetwater Terrell The Colony Throckmorton Trophy Club Tyler University Park Vernon Waco Watauga Waxahachie Westlake Westworth Village Whitesboro White Settlement Wichita Falls Woodway Wylie RESOLUTION NO. ____________________ RESOLUTION OF THE CITY OF COPPELL SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid-Tex Division (Atmos), pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of Coppell a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its Mid-Tex Division service area effective October 25, 2007; and WHEREAS, it is reasonable for the City of Coppell to maintain its involvement in the Atmos Cities Steering Committee (ACSC) and to cooperate with the 141 similarly situated city members and other city participants of ACSC in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. That the October 25, 2007, effective date of the rate request submitted by Atmos on or about September 20, 2007, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1 2. That the City is authorized to cooperate with ACSC and its member cities in the Mid-Tex service area to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Railroad Commission. 3. That the City’s reasonable rate case expenses shall be reimbursed by Atmos. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Atmos, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _____ day of October, 2007. APPROVED: ____________________________________ Douglas N. Stover, Mayor ATTEST: _____________________________ Libby Ball, City Secretary APPROVED AS TO FORM: _____________________________ City Attorney 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: ȱ ȱ Engineering October 9, 2007 10/C ✔ CONTRACT/BID or PROPOSAL Consider approval of City of Coppell Change Order #5 to the Bethel Road Project #ST 99-05 in the amount of $57,767.65 paid for by KTR Coppell Holdings, LLC; and authorizing the City Manager to sign. Approval of this Change Order #5 will allow for additional work including a water line and a sewer line for the proposed KTR Coppell Holdings development project (formerly Minyard's) at the SW corner of Bethel Road and Freeport Parkway. Staff recommends approval of Change Order #5 for the Bethel Road Project #ST 99-05 in the amount of $57,767.65, and will be available to answer any questions at the Council meeting. Funds are available in the Street CIP accounts for this change order. Staff recommends approval of Change Order #5 in the amount of $57,767.65. #Bethel Rd Change Order MEMORANDUM TO: Mayor and City Council FROM: Keith R. Marvin, P.E., Project Engineer DATE: October 9, 2007 REF: Consider approval of City of Coppell Change Order #5 to the Bethel Road Project #ST 99-05 in the amount of $57,767.65 paid by KTR Coppell Holdings, LLC; and authorizing the City Manager to sign. For several months the City of Coppell has had ongoing discussions with the developer of the Minyard Addition. As you may recall, the proposal to redevelop the existing site as well as add some buildings to the vacant tract west of the existing warehouse facility was recently approved. As part of their approved site plan the developer will be adding water, sewer, and driveway access to Bethel Road. Since this portion of the roadway is currently under construction the developer requested that the city include those changes in our construction project. The city has a history of working with adjacent developers to incorporate their requested changes into our projects at the developers’ expense. It is generally less expensive to include these changes during the initial construction rather than waiting until after the project is completed. The developer had his engineer submit their proposed changes to the city for review and approval. Upon approval of the changes the city sent the engineered drawings to our contractor working on the Bethel Road construction for a cost proposal to incorporate these changes into the project. This change order represents the full cost of modifications to our contract to incorporate the changes requested by the developer. The developer is agreeable to the cost and has already paid the full amount to be applied to this contract change. Staff recommends approval of Change Order #5 in the amount of $57,767.65, and will be available to answer any questions at the Council meeting. 1t 1 fl 1 C I T l ir C PPf LL f IJR PEPT 99724Fl83f R2 t O 7Fl1 Page I of I Kejth Mvia Betbel Road CO T I7i I7L From To Date Subject SHcnirord SHeniford@jone34artcr oom kmarvin@ci coppell tx us 712320072 56 PM Bethel Road CO Kerth By my calculations mealUr1ng In Cadd file the revision we propose add 357 SY of concrete pavement 207 SY at the western entry and 150 SV at the eastem emry The lime should nc by apptaximataly these same quanNle There will be an increase of 601 SF of media paver 339 SF at the western entry and 271 SF at the aliter entry rhe warer connecrion will add 1 16 x 6 Tappjn sleeve and valVtt and 97 LF or 8ft WIIIDr mam The sewer connection will add 1 manholtl and 65 LF of 8 aewer main Cail if any quesliofls ThankS Steve Henllord P E ProjeCt Manager Dallas sltantfaffO efl tca com JONES CARTER INC lJIGINEA8 SURVEYOAS J03O LBJ F S 910 oau 152341141 r 972eo38lIOEJII 301 Fe 81248 3882 Smart E Smart Solution 1IIr1IlJQ 1 Jr n h 0 T J C T ypui 44r RRt t 1n71M7 1l f J 18 C j r iJrc CUF F EL L ENtR DEPT 4 99724883882 NO 7kll PAVING COMPANY PO 60x 270040 Dallas Texas 75227 0040 September 10 2007 Telephone 972 2890723 Fax 972 216 5637 Cit of Coppell 255 Parkway CoppelL Texas 780 9 Altn Keith Marvin P E Re Bethel Road ST 99 05 Minyards Developc mcn Mr MalVin We have reviewed the plans for the proposed changes initiated by the Minyard s developement 00 the south side of Bethel Road We agree the contract pay items listed in your lener dilled 7 30 07 ill cover most of the work requested Please review the work 11sted bcJow not covered by those existing conlIaCt items Water LiRe at Sta S 6 5 Additional Traffic Control Additional Staking 16 x8 Tapping Sleeve Valve Asphalt IFJexbase Slre t Repwr Bore w Casing Under Existing Street Bort w o Casing Under Existing Box 2 45deg Bends Plug Testing 1 LS @ 750 00 r 750 00 LS @ 250 000 250 00 1 fa @ 3 850 003 850 00 1 LS @ 1 500 00 1 500 00 25 LF @ 230 00 5 750 00 12 LF @ 115 001 380 00 1 LS @ 1 750 001 750 00 I LS @ 700 00 700 00 Sewer Liae Saa S01l8 85 Additional Traffic Control Additional Staking Steel Plate MH Safety Ring AsphaJt Flexbas Street Repair Bore w o Casing Under Existing Box 8 Plug Testing 1 LS @ 750 00 750 00 1 LS @ 250 00 250 00 1 LS @ 2 200 00 2200 00 1 LS @ 2 500 00 2 500 00 12 LF @ 115 001 380 00 1 EA @ 200 00 200 00 1 LS @ 700 00 700 00 Sincerely Lance Smith Project AdminlstTaTor e ifl le 1914 C1 H3 C 1 e F CilF ELL EtKiP DEF T 9 37 488832 ND 701 TI4 C TY OF corPELt ok iilll ijOjro f f V i t1 hv 0 007 l rtce Smith Tiseo Paving Company r0 Bo 270040 Oallas Texas 7801J RE Berhel Road ST 99 05 cveloper Inlli81ed Change Order Dj I1r Smllh The City of CopIell has received it request from il pritlItf developer 10 modify our pllln for tbe referenced prOlecllo accnmmodalc Ihelr proflo d development The propel1inquestion is rhe IfAcanl 101 behlelll h MtnJrds developmen Hui the Puml facilit on the soulh Side of Bethel Road The developer has had his engineer prochJCC the atliJched p ans showing the proposed modiliciilions The work consim of the rnodilical on of two median openings and rhe addilion of an B water 8M an lIr cwer siub OUIIO the propel1y The engineer hilS provided the followin lab Ie of quanti lies and 1 have i ddc tht unit pritt s lInd 1 1ill pq C per O lr UrTent contract lIem 9 on r PiI l mcnl Lime @ 42 SV 8 S1abiliLd SUb r9dc Median No Sramped oneret S PVC Sewer Line 4 Diameter Manhole 8 PVC WiltrLine nereltse 357 SY 7 5 TON S7SV 2 E 67 SV 65 u lEA 97 IF URU Price 2900 SI0500 S295 1 20000 S83 00 63 75 S4 200 OO 55 2 Total Price SIOJSJOO 717 0 SIOH 15 S2 400 00 15 54 1 00 S4 143 75 54 200 00 5359 25 I didn l ee a pmIinmil cuntract for lhe 16 l g Tapping SIeve and Valve Please provide a price for Ihal it and inOlher i em ou s e necessary for lhe work thai was not in lud In rhis list On c you nae tintliud o r COH r lh s worlwe WIll pre enll c 10lal COil 10 Ihe developer and Llpon payment to Ihe citwe w 11 llecule a change order to our contract for you to perform the work Ii 011 need f1Jnher assis locc pltll e comacl me Sincerely Kllh Marv n pf Project Engineer Phon972 304 368 Fll r Q72104 J570 Cc Ken Grltfin P F l f 01 lgln uI Publ c Works Stelfe Hcnifold P E Rlek O Oell COnHrdClion Insp ctor i t S 1 D t 1 1 10 0 l 1 1 0 IlJ46 1 oct4 FAU i lJ4 3t Page 1 of 1 Keith Marvin FW Bethel Road change order F j i6I iii t t m jf ji 1 fi jc y t0ii t i 1llt it41lc 1ilml From To Date Sub ject Attachments Matt Taylor mtaylor@ktrcapital com kmarvin@ci coppell tx us 918 2007 11 20 AM FW Bethel Road change order Bethel Change Order pdf I am in receipt of the attached change order to the Bethel Road improvements project I appreciate the City of Coppell working with us to include the median cuts curb cuts sewer connection and water connection associated with our redevelopment of the Minyards site included in the overall roadway improvements project I will have my accounting department prepare a check for 57 767 65 made payable to the City of Coppell and forward to your attention Do you require anything additional from my office to have this change order approved by City Council and the work completed by Tiseo Matthew L Taylor V P Development KTR Capital Partners Five Tower Bridge 300 Barr Harbor Drive Suite 150 Conshohocken PA 19428 mtgylor@ltrcapital cQffi 484 530 1800 Main 484 530 1838 Direct 484 530 1888 Fax 484 919 3800 Mobile WWW ktrc Qit L Qm From SHeniford mailto SHeniford@jonescarter com Sent Monday September 17 2007 11 25 AM To Matt Taylor Roger Dahlin Subject Bethel Road change order I received the attached from the city The total change order amount is 57 767 65 once they have included additional traffic control temporary pavement and other items needed to keep the road open during construction The unit prices are generally in order by my estimation Steve Heniford P E Project Manager Dallas sheniford@jonescarter com JONES CARTER INC ENGINEERS PLANNERS SURVEYORS 3030 LBJ Freeway Suite 910 Dallas Texas 75234 7747 Tel 972 488 3880 Ext 301 Fax 972488 3882 Smart Engineering Smart Solutions wwwlQo esllrt Lcom file C Documents and Settings kmarvin Local Settings Temp XPGrp Wise 46EFB482Cit 9 18 2007 CASH RECEIPT Date 0t ill 073 366 Received From KLR Go p f E L1 N L Address MJJ i X1lBb S DG V6kO @r Dollars 7 7 For tHAN e2 Fl1F2 TttG bRD E OJECr l ru NDS AcCOU l Emttl Giaio LOClJIClIl0ud2OCOttl9U111 I Oc N ttl Q a Cl OJ ClULOOLOU CI BY a o Ent Name Acct No Invoice Date P O Num Reference Amount Discount Net 143114 777 Freeport Pkwy L 1500 100 BethelRoadCC 9 18 2007 Road Improves CO 57 767 65 0 00 57 767 65 Payor KTR Coppell Holdings LLC Date Check No Check Amount Payee CITY OF COPPELL CITCOP 9 18 2007 000019 57 767 65 Retain this statement for your records IIIIIJp I r I I I I i j I I KT Co 300 Ban H Suite 160 ConehQhookln LlC c Wells largoBank N A 627g Date 9 18 2007 1 X i 1 Check Amount 57 767 65 Fifty Seven Thousand Seven Hundred Sixty Seven AND 66 100 Dollars VOID IF NOT CASHED WITHIN 180 DAYS WITHIN DATE OF ISSUEPaytotheorderof III 0 0 0 0 0 0 III I 2 0 0 0 2 L B I CITY OF COPPELL P O BOX 9478 COPPELL TX 75019 CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: Bethel Road I Project # ST 99-05 CONTRACTOR: Tiseo Paving Company OWNER: City of Coppell CHANGE ORDER NO.: Five (5) DATE: October 9, 2007 Page 1 0f 2 Item Description Quantity Unit Unit Price Total ADD: Minyard’s Development: Water Line @ Sta 50+06.5 1. Additional Traffic Control 1 LS 750.00 $750.00 2. Additional Staking 1 LS 250.00 $250.00 3. 16” x 8” Tapping Sleeve & Valve 1 EA 3,850.00 $3,850.00 4. Asphalt/Flexbase Street Repair 1 LS 1,500.00 $1,500.00 5. Bore w/ Casing Under Existing Street 25 LF 230.00 $5,750.00 6. Bore w/o Casing Under Existing Box 12 LF 115.00 $1,380.00 7. Two 45° Bends & Plug 1 LS 1,750.00 $1,750.00 8. 8” PVC 97 LF 55.25 $5,359.25 9. Testing 1 LS 700.00 $700.00 Sewer Line @ Sta 50+18.85 10. Additional Traffic Control 1 LS 750.00 $750.00 11. Additional Staking 1 LS 250.00 $250.00 12. Steel Plate & MH Safety Ring 1 LS 2,200.00 $2,200.00 13. Asphalt/Flexbase Street Repair 1 LS 2,500.00 $2,500.00 14. Bore w/o Casing under Box 12 LF 115.00 $1,380.00 15. 8” Plug 1 EA 200.00 $200.00 16. Testing 1 LS 700.00 $700.00 17. 8” PVC Sewer Line 65 LF 63.75 $4,143.75 18. 4-ft Diameter Manhole 1 EA 4,200.00 $4,200.00 Median Openings 19. 9” Concrete Pavement 357 SY 29.00 $10,353.00 20. Lime @ 42 lbs/SY 7.5 TON 105.00 $787.50 21. 8” Stabilized Subgrade 357 SY 2.95 $1,053.15 22. Median Noses 2 EA 1,200.00 $2,400.00 23. Stamped Concrete 67 SY 83.00 $5,561.00 Total Revision to Contract Amount $57,767.65 Previous contract amount $7,293,659.00 Net increase in contract amount Change Order #1 0 Net increase in contract amount Change Order #2 $8,000.00 Net increase in contract amount Change Order #3 $8,580.00 Net increase in contract amount Change Order #4 $14,247.00 Net increase in contract amount Change Order #5 $57,767.65 Revised contract amount $7,382,253.65 Net increase in contract time of completion 0 Revised Contract time of completion 573 Calendar Days The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. ________________________________________ Recommended by City Engineer Date ________________________________________ Agreed to by Contractor Date ________________________________________ Accepted by City Date Page 2 0f 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: ȱ Parks and Recreation October 9, 2007 10/D ✔ CONTRACT/BID or PROPOSAL Consider approval of a contract for the renewal of the Dallas County Health Services Agreement, effective October 1, 2007 through September 30, 2008, in the amount of $3,131.00 and authorizing the mayor to sign. For FY 2008, the Dallas County Commissioners Court elected not to increase the contract amount, therefore, the contract cost is based on the FY 2007 contract amount. Funds for this contract are budgeted in Environmental Health, Other Professional Services. ^Dallas Co. Health- 1 AR SEXUALLY TRANSMITTED FY'2008 FEE SCHEDULE EXHIBIT A CRIMINAL TESTING Treatment Blood Drawing Cryosurgery (F) Cryosurgery (M) Chemical Lesion Reduction Medical Records Copies TUBERCULOSIS $20 -$45 (Sliding Scale) $5 $60 $50 $45 $5 each Blood Draws Buccal Swabs $38 $38 TB Testing-Levell (PPD)$25 TB Testing-Levell!(QuantiFeron)$50 Chest X-Ray Copies $5 LABORATORY Comprehensive TB Testing & Evaluation (Incl.Chest X-ray) $60 Wet Prep Gram Stain GC Culture RPR GEN Probe GC Screen GEN Probe CT Screen HIV Test HIV Test -Rapid Salmonella/Shigella TB Culture &Concentration TB Identification TB Susceptibility TB Acid Fast Stain NURSING SERVICE Hepatitis A Havrix Hepatitis B Vaccine Twinrix HDCV (1M)Rabies HDCV (ID)Rabies Hepatitis C Screening Japanese Encephalitis Meningococcal Vaccine Typhoid (Polysaccharide) Typhoid (Oral) Varivax Yellow Fever Vaccine Boostrix Vaccine HIB Adacel (Pertusis) Rabies Administrative Fee/ Serves State Vaccine Foreign Travel Office Visit Fee ENVIRONMENTAL HEALTH Septic Tank Inspection Septic Tank Re-inspection Food Establishment Inspection Half-Way Houses &Boarding Homes,Residential Mosquito Spraying for Non- contracting cities Water Sample Mosquito Testing Food Mgr.Cert.Program $6 each $6 each $14 each $11 each $47 each $47 each $15 each $20 each $16 each $25 each $15 each $31 each $8 each $45l1njection $150/Series $60/lnjection $540/Series $270/Series $35/Test $330/Series $110llnjection $60/lnjection $45/box $85l1njection $85/lnjection $45/lnjection $35/injection $50linjection $25 $25 #$310/Commercial/Business #$260/Residential $35/Residential $85/Commercial $150/yr./establishment $75/plus $25 for each additional unit on site $185/per hour $50 $35 $85/per person Pregnancy Test Urinalysis Dark Field Chancroid Culture Herpes Culture Herpes Type 1 &2 Serology Group A Strep Urine Screen: Neisseria Gonorrhoeae Chlamydia Trachomatis Lead Screen Staphylococcus/Aureus Culture ImmunizationNFC Program: DPT,DT,Hib, Diabetic Testing Pneumococcal Influenza Vaccine MMR TD IPV Menactra Zostavax (Shingles) Gardasil (HPV) Well Baby Records: Immunization Record Foreign Travel Yellow Card Day Care Center Inspections Temporary Food Permit Funeral Home Inspection FHA,VA,Conventional Loans Annual Group Home Inspection Food Handler Class Sub-division Plat Approval Animal Control/Quarantine Animal ControlNicious Animal $15 each $15 each $16 each $10 each $38 each $35 each $14 each $47 each $47 each $10 each $17 each $5/Per child $5/Test $40llnjection $20/lnjection $55/lnjection $30llnjection $40/lnjection $110/lnjection $160.00/lnjection $140.00/lnjection $5Nisit $5 each $3 each $2/per authorized child $75/plus $10 per day $200 $125/Licensed $150/Unlicensed $50 $15/per person $200/Residential $150/Commercial $7/per day $12/per day Note:1)#Indicates $10 charge for State fee January,2006 thru December,2006 EXHIBIT B Municipality Tuberculosis Sexually Transmitted Diseases Laboratory Communicable Disease Addison 46556408171 BalchSprings 31094320265 Carrollton 9632071398883 CedarHill 661165259386 CockrellHill 13006226 Coppell 1732430529 Dallas 31039 108215273628396 Desoto 594284268722 Duncanville 489158429648 FarmersBranch 48883441407 Garland 295663349132579 GlennHeights 50431168 GrandPrairie 140833428481468 HighlandPark 40090 Hutchins 133311122 Irving 2522 74248662347 Lancaster 486301840584 Mesquite 131138932641690 Richardson 117218712001234 Rowlett 16958169412 Sachse 41938171 Seagoville 16344198141 Sunnyvale 31039 UniversityPark 0048115 Wilmer 56222243 56 OutofCounty 8551197885747344 Total 465211588516561850993 July26,2007 DALLAS COUNTY HEALTH &HUMAN SERVICES EXHIBIT C FY'08 Public Communicable TB STDHealthDiseaseFY'08 Municipality ClinicClinicLabControlContractTotal Addison 12,6515,1133,4731,5705,751 BalchSprings 8,4348,5822,7242,4339,377 Carrollton 26,20118,89811,9018,10523,823 CedarHill 17,98415,0642,2053,5432,498 CockrellHill 3,5370512,0752,301 Coppell 4,7072,1912554,8563,131 Dallas 844,492987,907448,942260,6561,754,252 Desoto 16,16125,9282,2816,62717,620 Duncanville 13,30414,4253,6525,94811,273 FarmersBranch 13,2777,5783,7543,7366,856 Garland 80,42557,79041,82423,67480,156 GlennHeights 1,3603,926 94624574 GrandPrairie 38,30830,49324,24513,47538,854 HighlandPark 10900826132 Hutchins 3543,013 9452023,149 Irving 68,61767,74141,42421,54481,906 Lancaster 13,22327,4807,1515,36112,106 Mesquite 35,66935,51427,78615,51331,608 Richardson 31 ,88717,07210,21611,32723,756 Rowlett 4,5985,2951,4393,7824,925 Sachse 1,1168223231,570362 Seagoville 4,4354,0171,6861,2946,440 Sunnyvale 8291035899 UniversityPark 004091,05648 Wilmer 1,5242,00819,0955142,597 OutofCounty 23,262109,281754,03167,41377,142 $1,265,718 $1,450,227$1,409,907$468,082$2,200,736 July26,2007 MUNICIPALITIES FY08CONTRACTCOSTS EXHIBIT 0 CONTRACT COST ADDISON $5,751 BALCHSPRINGS $9,377 CARROLLTON $23,823 CEDARHILL $2,498 COCKRELLHILL $2,301 COPPELL $3,131 * DALLAS $1,754,252 * DESOTO $17,620 * DUNCANVILLE $11,273 FARMERSBRANCH $6,856 * GARLAND $80,156 GLENNHEIGHTS $574 GRANDPRAIRIE $38,854 HIGHLANDPARK $132 HUTCHINS $3,149 IRVING $81,906 LANCASTER $12,106 * MESQUITE $31,608 * RICHARDSON $23,756 ROWLETT $4,925 SACHSE $362 * SEAGOVILLE $6,440 SUNNYVALE $99 UNIVERSITYPARK $48 * WILMER $2,597 * UNINCORPORATED $77,142 TOTAL $2,200,736 "NON-CONTRACTING CITIES July 26.2007 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 PLANNING October 9, 2007 10/E ✔ ORDINANCE Consider approval of an Ordinance for 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 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, and authorizing the Mayor to sign. On July 19, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. On August 14, 2007, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL @PD-108R8-H, TVOC, ORD (con) 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM 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 LOTS, EACH CONTAINING APPROXIMATELY 1.15 ACRES, 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 ACRE LOT, LOCATED ALONG THE EAST SIDE OF COPPELL ROAD, APPROXIMATELY 250 FEET SOUTH OF BETHEL ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN FOR LOTS 2, 3, 4 AND 6 AND A CONCEPT PLAN FOR LOTS 1, 5, AND 7, DETAIL LANDSCAPE PLAN/TREE SURVEY FOR LOTS 1-7, AND DETAIL ELEVATIONS FOR LOTS 2, 3, 4 AND 6, ATTACHED HERETO AS EXHIBITS “B, C, AND D”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-108R8- H should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be tm 20719.2.000 2 and the same is hereby amended by granting a change in zoning 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 Lots 1 - 7 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 2.8 acre lot, and a 7,812-square-foot pet kennel on a 1.04 acre lot, located along the east side of Coppell Road, approximately 250 feet south of Bethel Road and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes as depicted on the site plan. SECTION 2. This Planned Development shall be developed and used only in accordance with the Detail Site Plan for Lots 2, 3, 4 and 6 (Exhibit B), Detail Landscape Plan/Tree Survey (Exhibit C), and Elevations (Exhibits D-1 through D-7) and the development standards as follows: A. The development on Lots 2, 3, 4 and 6 shall be used for the listed use in the Historic District except as amended herein and as depicted on the Detail Site Plan, subject to the following: 1. Coordinate with the Fire Department for proper FDC and fire hydrant locations, which shall be indicated on the Site Plan and the Utility Plan. 2. The benches along Coppell Road to be coordinated with the Engineering Department for relocation after Coppell Road is improved. 3. Coordinate with the Parks Department for relocation of irrigation taps & meters and proper placement of trees and shrubs abutting the Service Center property. 4. Obtain necessary permits from the Coppell Animal Shelter and Adoption Center. tm 20719.2.000 3 B. That prior to any development on Lots 1, 5 and 7of said concept plan, an amendment to Planned Development 108R8-H, shall be required to provide a Detail Site Plan and Detail elevation, and any amended uses, for said lots. SECTION 3. The property shall be developed and used in accordance with the H (Historic) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Detail Site Plan/Tree Survey for Lots 2, 3, 4 and 6, Concept Plan For Lots 1, 5, and 7, Detail Landscape Plan for Lots 1-7, and Detail Elevations For Lots 2, 3, 4 and 6, and made a part hereof for all purposes, which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning tm 20719.2.000 4 Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2007. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 9/28/07) Exhibit ‘A’ LEGAL DESCRIPTION A tract or parcel of land situated in the J. Simmons Survey, Abstract No. 1296, in the City of Coppell, Dallas County, Texas, being part of the called 46.768 acres tract described in the deed to the City of Coppell, Texas recorded in Volume 99203 Page 3079 in the Dallas County Deed Records (DCDR), including part of Lot 1, Block 1 of the Coppell Service Center, an addition to the City of Coppell recorded in Volume 2001209 Page 1210 in the Dallas County Plat Records (DCPR), and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod at the intersection of the north right-of-way line of Dallas Area Rapid Transit (100' wide right-of-way), formerly known as the Cotton Belt Railroad, and the east right-of-way line of Coppell Road (60' wide right-of-way); THENCE North 00°10'03" East, 60.05 feet along the east line of Coppell Road to a found 1 inch iron pipe, to the POINT OF BEGINNING; THENCE North 00°10'03" East, 1460.22 feet continuing along the east line of Coppell Road to a found 1 inch iron pipe; THENCE South 87°22'59" East, 187.42 feet along the south side of the tract of land described in the deed to Whealice W. Wilson and wife, Ruby N. Wilson recorded in Volume 2845 Page 193, to a found 1/2 inch iron rod; THENCE along the west and south side of Lot 1, Block 1 of the Historic Coppell Properties Addition, and addition to the City of Coppell recorded November 23, 2005 in Dociment Number 003594487 in the DCPR the following: South 00°27'20" West, 86.20 feet to a found 1/2 inch iron rod with yellow cap; South 88°12'20" East, 128.24 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 00°10'03" West, 772.51 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 89°49'57" West, 15.00 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 00°10'03" West, 576.10 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 87°32'21" West, 300.32 feet along the north line of Dallas Area Rapid Transit to the POINT OF BEGINNING and CONTAINING 436,019 square feet or 10.009 acres of land, more or less. 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 October 9, 2007 11 ✔✔ PROCEDURAL Consider appointments to the Coppell Economic Development Foundation for a one year term. Each year, City Council appoints five members from the Economic Development Committee to serve one-year terms on the Foundation. The current make-up of the Coppell Economic Development Foundation includes Gary Roden, Bill Rohloff, Jason Crawford, Bill Lowery and one vacant seat. The Economic Development Committee will meet on October 3, 2007 to discuss the Coppell Economic Development Foundation, and their recommendations will be brought to you for the 2007 – 2008 term. Consider appointments to the Coppell Economic Development Foundation for a one year term. !CEDF member appointments - 1AR Memorandum To: Libby Ball, City Secretary From: Mindi Hurley, Economic Development Coordinator Date: 10/4/2007 Re: Economic Development Foundation Appointments Each year, City Council appoints five members from the Economic Development Committee to serve one- year terms on the Foundation. The current make-up of the Coppell Economic Development Foundation includes Gary Roden, Bill Rohloff, Jason Crawford, Bill Lowery and one vacant seat. The Economic Development Committee met on October 3, 2007 to discuss the Coppell Economic Development Foundation, and their recommendation for the 2007 – 2008 term includes Bill Rohloff, Gary Roden, Bill Lowery, Dornell Reese and Bradley Snyder. . 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: PLANNING October 9, 2007 12 ✔ PUBLIC HEARING Consider approval of Case No. PD-230-O, Riverchase Golf Course, a zoning change request from SF-12 and SUP-1037-A (Single Family-9 and Special Use Permit-1037-A) to PD-230-O (Planned Development-230-Office, for golf course and related uses, and to amend Ordinance 297-A-83 (S-1037.1) to delete condition 2., on approximately 95.5 acres of property located east and west of Riverchase Drive, north Belt Line Road. The P&Z recommended approval with the following PD conditions: 1) The development within this Planned Development District shall be limited to the existing development as depicted on Exhibits “B” and “C”: which includes a club house, pro shop and restaurant/grill, golf cart storage building, maintenance building, parking spaces and an 18 hole golf course. 2) Uses listed as permitted in the “O” District (per section 12-20-1 of the Zoning Ordinance) shall be prohibited on this property except for golf course or country club as depicted on exhibits “B” and “C”. 3) No alcohol sales shall be permitted along the golf cart path located within the rear yards of Lots 1-18, Block A of the River Ridge Addition, which will retain its residential (SF-7) zoning designation. On September 20, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0), subject to the above-stated condition. Haas, Kittrell, Borchgardt, Fox, and Frnka voted in favor, none opposed. Commissioner Reese abstained due to conflict of interest. Staff recommends APPROVAL. @10 PD-230-O, Riverchase GC, 1-AR ITEM #15 PAGE 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No. PD-230-O, Riverchase Golf Course P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: East and west of Riverchase Drive, north of Belt Line Road SIZE OF AREA: 95.5 acres of property CURRENT ZONING: SF-12 and SUP-1037-A (Single Family-9 and Special Use Permit- 1037-A) REQUEST: Zoning change request to PD-230-O (Planned Development-230- Office) to establish a non-residential zoning district on the existing Golf Course property including the existing Club House, and to amend Ordinance 297-A-83 (S-1037.1) to delete condition 2. APPLICANT: Robert K. Sievers, representing Addison Law Firm 14901 Quorum Drive, Suite 650 Dallas, Texas 75254-6760 972.960.8677 972.960.7719 HISTORY: In 1985 a preliminary plat for the Riverchase Development, including single family, apartments and golf course was approved. In 1989 Council approved a change in zoning from SF-12 to SF-12 SUP (S-1037.1) to allow the operation of a private club for Riverchase Golf Course. In 1993, an Amendment to the Special Use Permit was approved by City Council (S-1037(A)) allowing the expansion of the Clubhouse located along the east side of Riverchase Drive, at the request of Golf Enterprises. This allowed the construction of the golf cart storage building, the remodel of the maintenance building, and the construction of a club house, pro shop and restaurant/grill and parking spaces. ITEM #15 PAGE 2 of 4 TRANSPORTATION: Riverchase Drive is an improved (C4U) four-lane undivided thoroughfare contained within a 60 foot right-of-way, which extends from MacArthur Boulevard to Sandy Lake Road. SURROUNDING LAND USE & ZONING: North- Fairways @ Riverchase; “SF-7” (Single Family-7) South- shopping center, car wash, apartments, restaurant and light industrial uses; “C” (Commercial,) “PD-158R2-C” (PD for Car Wash), “MF-2” (Multifamily-2), and “LI” (Light Industrial) East- Coppell Crossing Shopping Center and apartments; “C” (Commercial) and “MF-2” (Multifamily -2) West – Coppell/Carrollton city limit line, Trinity River COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan indicates this property is suitable for open space/park uses. DISCUSSION: This request is relativity simple on the surface: The owners of Riverchase Golf Course, similar to many local restaurants, desires to change their TABC license from a “Private Club” to a “Mixed Beverage“ permit. However, both state and local laws prohibit the selling of beer in “residential areas or residential zoning districts”. The existing golf club property is zoned Single Family-12 with a Special Use Permit for a Golf Course. So, to establish a non- residential zoning while preserving the existing development, staff suggested a Planned Development – Office (PD-O) District for Golf Course and Ancillary Uses, and tying the Planned Development District to what currently exists on the ground. To accomplish this, there will be written Planned Development Conditions as well as exhibits which will be attached to and made a part of the Ordinance. Specifically: o Exhibit “A” will be the Legal Description of the property; o Exhibit “B” will be the Detail Site Plan of the club house, maintenance building, golf cart storage building and parking area. o Exhibit “C” will be the Golf Course Site Plan, which is actually an aerial view of the existing golf course development. With these exhibits attached to the Ordinance, no additional development may occur with this golf course without an amendment to the PD (rezoning) through a public hearing process. For this request, 360 notices were sent to property owners within 200 feet of the golf course property and two zoning change pending signs were placed on the property. These actions prompted a significant number of calls to the Planning Department from residents seeking information and clarification. ITEM #15 PAGE 3 of 4 Once explained, a majority of the callers responded favorably; however, there was concern raised by several of the property owners as to the potential impact that this rezoning could have on the golf course. Given the need for further clarification, a second notice was sent, postponing the public hearing from August 16th to September 20th. This second notice also included more specific language as to the purpose and intent of this rezoning and it allowed the applicant additional time to visit with the property owners and address their concerns. Staff attended a meeting hosted by the applicant at the Riverchase Golf Course Clubhouse on August 21st attended by approximately 25 residents. Additional concerns were raised about the uses permitted in Office (O) District zoning , which is the base zoning district for the Planned Development. It was reiterated by city staff and the applicant that none of these uses could be developed, given that this PD is specifically tied to the existing development (in virtue of the PD Regulations and attachment of the site plans); however, the residents requested that this PD specifically included a prohibition of the uses permitted in the “O” District (per section 12-20-1 of the Zoning Ordinance) which are : “1. Professional and administrative offices where services are provided only and no chattels or goods are offered for sale on the premises, including but not limited to doctors, dentists, attorneys, architects, engineers, urban planners, insurance, real estate, banks and similar offices. 2. Business or trade school. 3. Business support services. 4. Communications services. 5. Financial services. 6. Personal improvement services. 7. Day nursery or day care center. 8. Nursing home or convalescent home. 9. Laboratory: Scientific, research, testing, medical, dental, or optical so long as all operations are not conducted outdoors. 10. Florist (no outside storage). 11. Barber and beauty shop. 12. Drug store or pharmacy. 13. Hospital. 14. Fraternal club or lodge. 15. Postal facilities. 16. Crop production. 17. Municipal buildings. 18. Telephone exchange. 19. Golf course or country club. 20. Such uses as may be permitted under the provisions of section 12- 30-7, special use permits. ITEM #15 PAGE 4 of 4 21. Temporary buildings for use incidental to construction work on the premises, which said building shall be removed.” All but use #19, Golf Course and Country Club, shall be listed as a prohibited use in the PD Ordinance. The final clarification concerns the portion of the golf cart path which traverses the rear portions of Lots 1-18, Block A of the River Ridge Addition (1275-1335 Bradford Drive). It is hereby stated that this area is not part of the golf course property and is not included in this PD Zoning, and therefore shall retain its existing residential (SF-7) zoning designation. Further, no sales of alcoholic beverages will be permitted from the beverage cart on this section of the cart path, and will be designated as such on the ground. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of PD-230-O for Riverchase Golf Course, subject to the following conditions: 1. The development within this Planned Development District shall be limited to the existing development as depicted on Exhibits “B” and “C”: which includes a club house, pro shop and restaurant/grill, golf cart storage building, maintenance building, parking spaces and an 18 hole golf course. 2. Uses listed as permitted in the “O” District (per section 12- 20-1 of the Zoning Ordinance) shall be prohibited on this property except for golf course or country club as depicted on exhibits “B” and “C”. 3. No alcohol sales shall be permitted along the golf cart path located within the rear yards of Lots 1-18, Block A of the River Ridge Addition, which will retain it’s residential (SF- 7) zoning designation. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3 Recommend modification of the request ATTACHMENTS: 1) Site Plan of the Clubhouse, Cart Storage and Maintenance Facilities 2) Site Plan of the Golf course (aerial view) 3) Exhibit of Lots 1-18, Block A of the River Ridge Addition. ITEM #15 PAGE 1 of 1 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT ADDENDUM TO Case No. PD-230-O, Riverchase Golf Course On September 13, 2007 the attached flyer was distributed in the Riverchase Area. 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 ȱȱ ȱ ȱ PLANNING October 9, 2007 13 ✔ PRESENTATION Consider approval of the Grapevine Springs Community Center, Lots 1 & 2, Block A, Minor Plat, to establish a building site, various easements and fire lane to allow for the development of a 13,560-square-foot Recreation/Community Center on 22.4 acres of property located south of Bethel Road and west of Park Road. The following P&Z conditions remain outstanding: 1) Provide screening for any contemplated outside storage on Service Center property. 2) Label the 10 foot sidewalk/utility easement on the north boundary of the property. On September 20, 2007, the Planning Commission unanimously recommended approval of this minor plat (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @01 GS Com Ctr, L1&2, BA, MP, 1-AR ITEM #5 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Grapevine Springs Community Center, Lot 1and Lot 2 of Block A, Minor Plat P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Gary L. Sieb, Director of Planning LOCATION: Located on the south side of Bethel Road west and south of Park Road SIZE OF AREA: 22.3714 acres of property CURRENT ZONING: PD-108-H (Planned Development -108-Historic) REQUEST: A minor plat to establish a building site, various easements and fire lane to allow development of a 13,560-square-foot Community Center. APPLICANT: Owner: Surveyor: City of Coppell BW 2 Engineers, Inc. Brad Reid, Parks Dir. 1919 S. Shiloh Road 816 S. Coppell Rd. Suite 500 Coppell, TX. 75019 Garland, TX. 75042 (972) 462-5100 (972) 864-8200 Fax: (072) 462-5149 Fax: (972) 864-8220 HISTORY: Overall, this property has had a long history of development proposals. Prior to 1973 the majority of land between Denton Tap and Coppell Roads, north of the Cotton belt Railroad (now DART right of way) and south of Bethel Road, was zoned SF-7 and SF-10. In March of 1973 approximately 100 acres was zoned for Commercial and Planned Development for a Family ITEM #5 PAGE 2 of 3 Entertainment Center, similar to Sandy Lake Park, at the request of the owner shown to be Coppell Historical Corporation. That proposal was never constructed. In January of 1991 115 acres including the 100 acres just mentioned was reclassified to Planned Development-Light Industrial at the request of Centre Development Co., representing the Baptist Foundation of Texas, as owner. That plan showed commercial, office and light industrial uses surrounding park land and an extension branch of Texas A&M University. That plan never materialized, and in January of 1997, the Baptist Foundation sold 21 acres of this property for residential development—Summit at the Springs—a 55 lot single family subdivision. In August of 1998, Council approved a 10 acre, 23 lot residential subdivision on part of the remaining Baptist Foundation property known as The Reserve. In June of 1999, City Council denied a zoning request for 102 single- family residential lots on 37 acres on the western portion of the remaining Foundation property adjacent to Coppell Road. Some time later, the city purchased the land for future city uses, including park, open space and public facility possibilities. At about that same time, First Baptist Church of Coppell purchased 20 acres of Baptist Foundation property at the corner of Denton Tap and Bethel Roads. That property has since been sold to Toll Brothers for a 53 lot residential subdivision. In December of 2000 Council approved a plan for the Coppell Service Center on 7.5 acres, which has subsequently been constructed, and in June of 2005 approved a two phase medical complex on 3.2 acres of property along Bethel Road. Phase one of the medical complex has been constructed and occupied. The city is currently in process of selling approximately 11 acres for mixed use along Coppell Road, including a conference center, retail/office/boutique hotel use and a pet care facility. The most recent proposal—the one being considered tonight—is for a 13,500 square foot facility to be known as the Grapevine Springs Community Center, and plat approval. TRANSPORTATION: Bethel Road is a two-lane asphalt street contained within a 50 foot right-of-way, proposed to be a C2U collector street when improved. SURROUNDING LAND USE & ZONING: North- Old Coppell Estates residential subdivision; “SF-9”, (Single Family 9) South- Grapevine Springs Park; “PD-108-H”, (Planned Development- Historic) East- park, single family residences; “H” (Historic)’ and “PD-SF-9”, (Planned Development, Single Family 9) ITEM #5 PAGE 3 of 3 West- park land; “PD-108-H”, (Planned Development 108-Historic) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as amended, and the Old Coppell Master Plan show this property as suitable for a Community Center use. DISCUSSION: Provided the zoning request to allow a Community Center is recommended for approval, this Minor Plat warrants positive consideration. There are conditions that need to be attached to any approval action, and they are elaborated on in the Staff Recommendation, below. The plat boundaries have been adjusted to create more land for the existing Service Center, and on the eastern end of the proposed Service Center expansion, the property line comes within 100 feet of the park. As the Service Center expands, it would be prudent to provide appropriate screening for any outside storage that might be contemplated on Service Center property as required by the Zoning Ordinance. In addition, we are proposing a Lot 2 at the northeast corner of this plat to accommodate future land acquisition in the area. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of this minor plat subject to the following conditions: 1) Change Lot 1 Block 1 to Lot 1 Block A in title and on plat drawing 2) Add Lot 2, Block A at northeast section of property, and in title block. 3) Change the plat title to Grapevine Springs Community Center 4) Provide screening for any contemplated outside storage on Service Center property 5) Label the 10 foot sidewalk/utility easement on the north boundary of the property ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3 Recommend modification of the request ATTACHMENTS: 1) Minor Plat Document (2 pages) 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 ȱ PLANNING October 9, 2007 14 ✔ PRESENTATION Consider approval of the Coppell Commerce Center, Phase I, Block 1R2, Site Plan Amendment, to allow the development of a fourth office warehouse building, containing 37,800 square-feet on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road. There are no outstanding P&Z conditions. On September 20, 2007, the Planning Commission unanimously recommended approval of this site plan amendment (6-0). Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @02 CCC, PH I, B1R2, SPA, 1-AR ITEM #7 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Coppell Commerce Center, Phase I, Block 1R2, Site Plan Amendment P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Matt Steer, City Planner LOCATION: Along the west side of Hammond Drive, 400 feet south of Bethel Road. SIZE OF AREA: 18.92 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A site plan to allow the development of a fourth office warehouse building, containing 37,800 square-feet. APPLICANT: Applicant: Owner: Lincoln Property Co. Freeport Parkway Holdings, L.P. Jarrod Yates Bradley Cohen 500 N Akard, 3300 Lincoln Plaza 1900 Avenue of the Stars, # 500 Dallas, Texas 75201 Los Angeles, California 90067 Phone: 214.740.3300 Phone: 310.860.0598 Fax: 2124.740.3449 Fax: 310.860.5464 Engineer: Kimley-Horn & Associates, Inc. Trey Braswell, EIT 5750 Genesis Court, Suite 200 Frisco, Texas 75034 Phone: 972.335.3580 Fax: 972.335.3779 HISTORY: The subject site was originally platted as part of the Coppell Commerce Center Phase I, containing a total of 32.34 acres. On November 14, 2000, City Council approved a replat and site plan for the subject site, allowing the applicant to subdivide the property into two north/south blocks (Blocks 1 & 2) and to develop two office/warehouse buildings, each containing, 76,797 square- feet, on the southern portion of the site. On January 9, 2001, City Council approved a Replat and Site Plan amendment, ITEM #7 PAGE 2 of 3 consolidating the property into one lot and allowing the development of one additional office/warehouse building containing 76,797 square-feet. TRANSPORTATION: Freeport Parkway is a four-lane divided road in an 80 foot-wide right-of-way. Freeport Parkway is proposed to be expanded north of Sandy Lake Road to a six-lane roadway in a 110 foot-wide right-of-way. SURROUNDING LAND USE & ZONING: North - Hard Eight Barbeque Restaurant; “PD-211-H” (Planned Development-211-Historic) South – Warehouse Distribution; “LI” (Light Industrial) East – Vacant Carter Crowley Site; “H” (Historic) West – Office/Warehouse; “LI” (Light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows this property as suitable for industrial/showroom uses. DISCUSSION: The current request for site plan approval includes the northeast portion of the lot to allow for the development of an additional office/warehouse building. There will be a total of four office warehouse buildings on this site. The proposed is the smallest of the four, consisting of 37,800 square feet (1/2 the size of those previously constructed). This portion of the site was originally approved as a detention and an “alternate” parking area on the last set of plans. This proposal includes the previously constructed detention area and amends the alternate parking area to include an office/warehouse building with a loading area on the west and parking area on the east. This reflects the previous pattern of development within this site, keeping the loading areas between the buildings and screened from view (12’ wall proposed on north end). The proposed building is to be 20% Office and 80% warehouse use. Parking required for the office use is one parking space per 300 square foot building area and that for warehouse use is one parking space per 1,000 square foot building area. This calculates to 57 spaces being required. There are 100 spaces shown in the parking lot; however, they are removing two existing spaces to accommodate the drive on the southeast corner, bringing the total parking provided to 98 spaces, well exceeding the required 57. A detention area will remain on the northeast comer of the site with no planned improvements. A pedestrian access easement is being provided at the northern edge of the detention area extending to the northern property line to provide future access in the event the vacant Carter Crowley site is developed and pedestrian connectivity is needed. ITEM #7 PAGE 3 of 3 The architecture of the proposed warehouse/office building matches the existing structures on site. It will consist of a two- toned painted tilt wall (tan/beige) with clear glass windows and silver/gray mullions. The main building entrances will be highlighted with a darker gray tilt wall, projecting approximately five feet beyond the roofline and will feature architectural stone walls. This feature will give depth to the building and break up the massing, as was done in the previous buildings. No additional monument signage is proposed and the building signage will comply with the Zoning Ordinance. All perimeter landscape requirements appear to have been met for the site as a whole in the previously approved plan for the lot. The specific nonvehicular and interior landscaping area requirements for this portion of the site are being met. The plans should however be adjusted to include 13 interior trees and 8 nonvehicular trees. There are also some discrepancies between what is shown on the plan and what is being listed in the plant table. Revision to this is listed as a condition of approval. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of this site plan amendment subject to the following conditions: 1) Revise landscape plan to show 13 overstory trees (interior requirement) and eight overstory trees (nonvehicular requirement) in addition to the existing six- inch perimeter trees shown. Revise plant list accordingly. 2) Replace “20'” with “variable width” on the pedestrian access easement on the north end. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3 Recommend modification of the request ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Tree Survey 4) Elevations 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 ȱ PLANNING October 9, 2007 15 ✔ PUBLIC HEARING Consider approval of the Coppell Commerce Center, Phase I, Block 1R2, Replat, being a replat of Block 1R of the Coppell Commerce Center Phase I, to establish fire lanes and easements to allow for the fourth office warehouse on 18.92 acres of property, located along the west side of Hammond Drive, 400 feet south of Bethel Road. There are no outstanding P&Z conditions. On September 20, 2007, the Planning Commission unanimously recommended approval of this replat (6-0). Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @03 CCC, PH I, B1R2, RP, 1-AR ITEM #8 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Coppell Commerce Center, Phase I, Block 1R2, Replat P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Matt Steer, City Planner LOCATION: Along the west side of Hammond Drive, 400 feet south of Bethel Road. SIZE OF AREA: 18.92 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A replat of Block 1R of the Coppell Commerce Center Phase I, to establish fire lanes and easements to allow for a fourth office warehouse. APPLICANT: Applicant: Owner: Lincoln Property Co. Freeport Parkway Holdings, L.P. Jarrod Yates Bradley Cohen 500 N Akard, 3300 Lincoln Plaza 1900 Avenue of the Stars, # 500 Dallas, Texas 75201 Los Angeles, California 90067 Phone: 214.740.3300 Phone: 310.860.0598 Fax: 2124.740.3449 Fax: 310.860.5464 Engineer: Kimley-Horn & Associates, Inc. Trey Braswell, EIT 5750 Genesis Court, Suite 200 Frisco, Texas 75034 Phone: 972.335.3580 Fax: 972.335.3779 HISTORY: The subject site was originally platted as part of the Coppell Commerce Center Phase I, containing a total of 32.34 acres. On November 14, 2000, City Council approved a replat and site plan for the subject site, allowing the applicant to subdivide the property into two north/south blocks (Blocks 1 & 2) and to develop two office/warehouse buildings, each containing, 76,797 square- feet, on the southern portion of the site. On January 9, 2001, City ITEM #8 PAGE 2 of 2 Council approved a Replat and Site Plan amendment, consolidating the property into one lot and allowing the development of one additional office/warehouse building containing 76,797 square-feet. TRANSPORTATION: Freeport Parkway is a four-lane divided road in an 80 foot-wide right-of-way. Freeport Parkway is proposed to be expanded north of Sandy Lake Road to a six-lane roadway in a 110 foot-wide right-of-way. SURROUNDING LAND USE & ZONING: North - Hard Eight Barbeque Restaurant; “PD-211-H” (Planned Development-211-Historic) South – Warehouse Distribution; “LI” (Light Industrial) East – Vacant Carter Crowley Site; “H” (Historic) West – Office/Warehouse; “LI” (Light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows this property as suitable for industrial/showroom uses. DISCUSSION: This is a straightforward Replat request. When this property was last replatted the northeast portion was planned for use as an alternate parking area and a fire lane was not shown to support an office/warehouse use. This Replat includes the required fire lanes, as well as dedicates a pedestrian access easement along the northern boundary. There is only one minor technical item outstanding with this request; therefore, staff is recommending approval. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1) Revise northern boundary of pedestrian access easement to extend to the northern property line and replace “20’” with “variable width”. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3 Recommend modification of the request ATTACHMENTS: 1) Replat 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 ȱ PLANNING October 9, 2007 16 ✔ PRESENTATION Consider approval of the Freeport North, Lot 5R2, Site Plan Amendment, to allow the construction of a 60,600-square-foot building addition to the rear of the existing 101,000-square-foot office/warehouse building, providing for the reconfiguration of a previously approved expansion on 11.42 acres of property located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane. There are no outstanding P&Z conditions. On September 20, 2007, the Planning Commission unanimously recommended approval of this site plan amendment (6-0). Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @04 Freeport N, L5R2, SPA, 1-AR ITEM #9 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Freeport North, Lot 5R2, Site Plan Amendment P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Matt Steer, City Planner LOCATION: The northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane SIZE OF AREA: 11.42 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: To allow the construction of a 61,600-square-foot building addition to the rear of the existing 101,000-square-foot office/warehouse building, providing for the reconfiguration of a previously approved expansion. APPLICANT: Applicant: Architect: Derse Associates Mayse & Associates, Eric Lewis Greg Daspit 1234 N 62nd Street 14850 Quorum Dr., Suite 201 Milwuake, Wisconsin 53213 Dallas, Texas 75254 508.253.8437 972.386.0338 Fax: 508.253.8961 Fax: 972.386.0578 HISTORY: The final plat for Freeport North was approved by City Council on August 8, 1994. The first Replat of Lots 1-5 was approved by Council on August 8, 1995. A Replat of Lot 3C and a portion of Lot 5R was approved by Council on April 9, 1996. A Site Plan and Replat of Freeport North, Lot 5R was approved by Council on May 13, 1997, and a variance from 130 required parking spaces to 93 was granted by the Board of Adjustment on June 11, 1997. The Replat was never filed with the County.   TRANSPORTATION: Royal Lane is designated as a C4D/6 four-lane, divided collector built to standard in a 100 foot right-of-way capable of accommodating a six-lane, divided thoroughfare. ITEM #9 PAGE 2 of 2 SURROUNDING LAND USE & ZONING: North – Lam Lee Group Office/Warehouse, “LI” Light Industrial South – Mannatech Office/Warehouse, “LI” Light Industrial East – Wagon Wheel Park, “LI” Light Industrial West – Dexas International Office/Warehouse, “LI” Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for light industrial/showroom uses. DISCUSSION: This request is to allow for a 61,600-square-foot addition to the rear of the existing 106,748-square-foot office/warehouse building. The original site plan included a future area for a 60,100 square foot expansion and future parking area. The future parking area was constructed at the time of the initial construction; however, the building expansion has yet to be constructed. Staff has no objections to the proposed building expansion, as it is located on the rear of the building and is only a small change to what was previously approved for the site. The proposal is exceeding all parking requirements. The “future truck court” shown is proposed to be constructed only if needed in the future and is not planned to be constructed at this time. The previously approved landscape plan was inventoried and replacement of a few of the plants (two Eastern Red Cedars) will be required upon approval of this plan. Strict attention to the paint color of the proposed addition will be required, as the existing paint color has faded with exposure to the elements and might be difficult to match. The applicant has provided the specifications for what was original to the building, and has noted that the existing paint color will be matched. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of this site plan amendment with no outstanding conditions. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3 Recommend modification of the request ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Elevations 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 ȱȱ PLANNING October 9, 2007 17 ✔ PUBLIC HEARING Consider approval of the Freeport North, Lot 5R2, Replat, to establish property boundaries and fire lane and utility easements to allow the construction of a 60,600-square-foot building addition to the rear of the existing 101,000-square-foot office/warehouse building, on 11.42 acres of property, located on the northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane. There are no outstanding P&Z conditions. On September 20, 2007, the Planning Commission unanimously recommended approval of this replat (6-0). Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @05 Freeport N, L5R2, RP, 1-AR ITEM #10 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Freeport North, Lot 5R2, Replat P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Matt Steer, City Planner LOCATION: The northeast corner of Creekview Drive and Royal Lane at 586 S. Royal Lane, SIZE OF AREA: 11.42 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A replat to establish property boundaries and fire lane and utility easements to allow the construction of a 61,600-square-foot building addition to the rear of the existing 101,000-square-foot office/warehouse building. APPLICANT: Applicant: Architect: Eric Lewis Greg Daspit Derse Associates Mayse & Associates, 1234 N 62nd Street 14850 Quorum Dr., Suite 201 Milwuake, Wisconsin 53213 Dallas, Texas 75254 508.253.8437 972.386.0338 Fax: 508.253.8961 Fax: 972.386.0578 HISTORY: The final plat for Freeport North was approved by City Council on August 8, 1994. The first Replat of Lots 1-5 was approved by Council on August 8, 1995. A Replat of Lot 3C and a portion of Lot 5R was approved by Council on April 9, 1996. A Site Plan and Replat of Freeport North, Lot 5R was approved by Council on May 13, 1997, and a variance from 130 required parking spaces to 93 was granted by the Board of Adjustment on June 11, 1997. The Replat was never filed with the County.   TRANSPORTATION: Royal Lane is designated as a C4D/6 four-lane, divided collector built to standard in a 100 foot right-of-way capable of accommodating a six-lane, divided thoroughfare. ITEM #10 PAGE 2 of 2 SURROUNDING LAND USE & ZONING: North – Lam Lee Group Office/Warehouse, “LI” Light Industrial South – Mannatech Office/Warehouse, “LI” Light Industrial East – Wagon Wheel Park, “LI” Light Industrial West – Dexas International Office/Warehouse, “LI” Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for light industrial/showroom uses. DISCUSSION: This proposal is the companion piece to the Site Plan Amendment discussed immediately prior to this case. The replat and site plans were approved in 1997, the site improvements were constructed, but the plat was never filed of record. This parcel of land has since been referred to as Lot 5R.2, Freeport North, a portion of Lot 5R. Lot 5R.1, the other portion, was replatted and filed of record under the name Lot 1, Lam Lee Addition. There are no new easements proposed from what were thought to have been official easements of record when this was completed in 1997. Staff is recommending approval with only technical revisions needed. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of this site plan amendment subject to the following conditions: 1) Resolve discrepancies in flood zone notation (X or AE). ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3 Recommend modification of the request ATTACHMENTS: 1) Replat FLOOD PLAIN NOTES (1) Subject tract lies within a Zone 'X ’, area determined to be outside 500 year flood plain. (2) All flood plain Information was provided by F.E.M.A. Flood Insurance Rate Map, Community Panel No. 480170-0010E, revised date April 15, 1994 "Flo odpla in Development Permit Application No. __________ has been filed with the City of Coppell floodplain Administrator on _________, 2007. ___________________________, Floodpla in Administrator ___________ Date ----------------------------------------------------------------- Recommended for Approvals __________________________________________________ Chairman Date Planning and Zoning Commission City of Coppell, Texas __________________________________________________ Mayor Date City of Coppell, Texas ------------------------------------------------------------------- The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing Replat of the ___________________________________________________________________ Subdivision or Add ition to the C it y of Coppell was submitted to the City Council on the day of __________, 2007 , and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized Mayor to note the acceptance thereof by signing his name as herein above subscribed. Witness my hand this ___ day of ________, 2007. ______________________ City Secretary _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ 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 ȱȱ ȱ PLANNING October 9, 2007 18 ✔ PUBLIC HEARING Consider approval of The Villages of Old Coppell, Lots 1-7, Block A, Final Plat and Replat, being a replat of a portion of Lot 1, Block 1, Coppell Service Center and a final plat of the Village at Old Coppell to establish final property boundaries of the Village at Old Coppell, dedicate right-of-way for Coppell Road and establish fire lane and utility easements to allow for service and retail uses, resulting in the relocation of the Service Center Drive, on approximately ten acres of property located along the east side of Coppell Road. The following P&Z conditions remain outstanding: 1) The 15' utility easement and TXU easement were dedicated by separate instrument; therefore they should be abandoned by separate instrument. (Not by re-plat of Service Center). 2) The vault on the west side of Coppell Road shall be placed on the east side of Coppell Road in a 20'X20' easement outside the paving. 3) Record the revised Cross Parking and Property Owners’ Association Agreement when plat is filed. On September 20, 2007, the Planning Commission unanimously recommended approval of this final plat and replat (6-0), subject to the above-stated conditions. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @06 Th V of OC, L1-7, BA, FP, RP, 1-AR ITEM # 11 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT The Villages of Old Coppell, Lots 1-7, Block A, Final Plat & Replat P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Matt Steer, City Planner LOCATION: East side of Coppell Road, approximately 250 feet south of Bethel Road SIZE OF AREA: Ten acres of property CURRENT ZONING: PD-108R8-H (Planned Development-108-Revised-8-Historic) REQUEST: Replat and Final plat approval to establish final property boundaries of the Villages of Old Coppell, dedicate right-of-way for Coppell Road and establish fire lane and utility easements to allow service and retail uses, resulting in the relocation of the Service Center Drive. APPLICANT: Applicant: Engineer/Surveyor: Donna Kolberg Grant Woodfin D&D LTD. C&P Engineering, Ltd. 2400 Dallas Parkway, Suite 560 1801 Gateway Blvd., Suite 101 Plano, Texas 75093 Richardson, Texas 75080 214.704.0808 972.644.2800 Fax: 972.462.0895 Fax: 972.644.2817 Consultant: Pat Atkins KPA Consulting, Inc. 1801 Gateway Blvd., Suite 101 Richardson, Texas 75080 972.644.2800 Fax: 972.644.2817 ITEM # 11 PAGE 2 of 3 HISTORY: In 1989, 115 acres were rezoned from PD-Recreation Center to PD-108 (known as the Springs of Coppell) for institutional, office, retail, commercial and light industrial uses. This property was owned by the Baptist Foundation, and their Concept Plan indicated a proposed university site east of Grapevine Creek. To the west of Grapevine Creek was a proposed park. The balance of the PD was envisioned for light industrial/tech uses, with commercial and office buildings proposed along Denton Tap Road. In 1995, this PD was amended to allow for the development of The Summit at the Springs, a 55-lot SF-9 residential subdivision on approximately 21 acres located roughly 500 feet west of Denton Tap Road, south of Bethel Road. In 1998, this PD was amended to allow for The Reserve, a 23-lot residential subdivision on 9.7 acres of land located to the west of The Summit at the Springs. In 1998 a request to rezone a 37-acre tract (which now includes the Service Center site) from PD-LI and R to PD-SF-9 for 102 single- family lots (to be known as Westchase) was denied by City Council. This 37-acre tract was subsequently sold to the City of Coppell for future use. On December 12, 2000, PD-108-R5 was approved allowing for the development of the Service Center. On January 11, 2005, the base zoning of this area was rezoned to H (Historic), which incorporated specific development standards and use regulations. On July 12, 2005, PD-108R6-H (Planned Development-108 Revision 6-Historic), was approved to allow the development of two medical office buildings totaling 33,108 square-feet on the south side of Bethel Road, approximately 185 feet east of Coppell Road. The first of these two medical office buildings has been constructed and is currently occupied. On July 10, 2007, a residential amendment to the PD was approved for 20 acres adjacent to Denton Tap and east of the Summit at the Springs. On August 14, 2007, a zone change and preliminary plat for the subject property was approved. TRANSPORTATION: Coppell Road is a two-lane unimproved asphalt roadway within a variable width right-of-way. This will eventually be improved to a 34’ two-lane concrete street with angled, on-street parking, 17’ depth on both sides, 6’ green space and a 5’ sidewalk. SURROUNDING LAND USE & ZONING: North – residential; “H” (Historic) South – vacant – future Service Center Drive; “H” (Historic) East – park/open space; “PD-108-H” (Planned Development-108- Historic) West – vacant; “H” (Historic) ITEM # 11 PAGE 3 of 3 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic District (retail, hotel, convention center and pet bed & breakfast uses are allowed). DISCUSSION: The purpose of this Replat and Final plat is to establish final property boundaries of the Villages of Old Coppell, dedicate right-of-way for Coppell Road and establish easements to allow for the service and retail uses previously approved in PD-108R8-H. The current drive and utilities for the Coppell Service Center are proposed to be relocated, resulting from this development; therefore, Coppell Service Center Lot 1R, Block 1, is also being replatted at this time. A 24’ fire lane & mutual access easement is proposed throughout, and will provide mutual access internal to this development and connect in with a future fire lane on the north side serving the Old Town Medical Center. The proposed lot lines that follow the parking spaces required for each of the uses are not ideal but seem to work. A draft cross parking and property owner’s agreement was submitted with the preliminary plat and will need to be finalized and recorded. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this final plat and replat, subject to the following conditions: 1) Revise the radii on curve C-7 from 20’ to 30’ and curve C-17 from 44’ to 54’. 2) The 15' utility easement and TXU easement were dedicated by separate instrument, therefore they should be abandoned by separate instrument. (Not by re-plat of Service Center). 3) The vault on the west side of Coppell Rd. shall be placed on the east side of Coppell Rd. in a 20'X20' easement. 4) Revise all signature blocks to reflect only “The Villages of Old Coppell, Lots 1-7, Block A”. 5) Change title block and plans to read “Block A” in place of Block “1A”. 6) Revise new service center lot to read Lot 1R, Block 1 in both places shown on this plat. 7) Remove D&D Ltd. from the owner’s dedication. Only the City will need to sign as the current owner. 8) Record the revised Cross Parking and Property Owners’ Association Agreement when plat is filed. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Plat 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 ȱ ȱ PLANNING October 9, 2007 19 ✔ PUBLIC HEARING Consider approval of Coppell Service Center, Lot 1R, Block 1, Final Plat and Replat, to relocate the Service Center Drive approximately 340 feet to the south of the current location and to expand the Coppell Service Center boundaries to allow for expansion of service center uses, on 10.87 acres of property located along the east side of Coppell Road, just north of the Dallas Area Rapid Transit right-of-way. The following P&Z condition remains outstanding: 1) The 15' utility easement and TXU easement were dedicated by separate instrument; therefore they should be abandoned by separate instrument. (Not by re-plat of Service Center). On September 20, 2007, the Planning Commission unanimously recommended approval of this final plat and replat (6-0), subject to the above-stated condition. Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @07 The CSC, L1R, B1, FP, RP, 1-AR ITEM # 12 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Coppell Service Center, Lot 1R, Block 1, Final Plat & Replat P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Matt Steer, City Planner LOCATION: On the east side of South Coppell Road, just north of the Dallas Area Rapid Transit right-of-way. SIZE OF AREA: 10.87 acres of property CURRENT ZONING: PD-108R8-H (Planned Development-108-Revised-8-Historic), PD- 108-R5-H (Planned Development-108-Revised-5-Historic) and H (Historic) REQUEST: Replat and Final plat approval to relocate the Service Center Drive approximately 340 feet to the south of the current location and to expand the Coppell Service Center boundaries to allow for expansion of service center uses. APPLICANT: Applicant: Engineer/Surveyor: Donna Kolberg Grant Woodfin D&D LTD. C&P Engineering, Ltd. 2400 Dallas Parkway, Suite 560 1801 Gateway Blvd., Suite 101 Plano, Texas 75093 Richardson, Texas 75080 214.704.0808 972.644.2800 Fax: 972.462.0895 Fax: 972.644.2817 Consultant: Pat Atkins KPA Consulting, Inc. 1801 Gateway Blvd., Suite 101 Richardson, Texas 75080 972.644.2800 Fax: 972.644.2817 ITEM # 12 PAGE 2 of 3 HISTORY: In 1989, 115 acres were rezoned from PD-Recreation Center to PD-108 (known as the Springs of Coppell) for institutional, office, retail, commercial and light industrial uses. This property was owned by the Baptist Foundation, and their Concept Plan indicated a proposed university site east of Grapevine Creek. To the west of Grapevine Creek was a proposed park. The balance of the PD was envisioned for light industrial/tech uses, with commercial and office buildings proposed along Denton Tap Road. In 1995, this PD was amended to allow for the development of The Summit at the Springs, a 55-lot SF-9 residential subdivision on approximately 21 acres located roughly 500 feet west of Denton Tap Road, south of Bethel Road. In 1998, this PD was amended to allow for The Reserve, a 23-lot residential subdivision on 9.7 acres of land located to the west of The Summit at the Springs. In 1998 a request to rezone a 37-acre tract (which now includes the Service Center site) from PD-LI and R to PD-SF-9 for 102 single- family lots (to be known as Westchase) was denied by City Council. This 37-acre tract was subsequently sold to the City of Coppell for future use. On December 12, 2000, PD-108-R5 was approved allowing for the development of the Service Center. On January 11, 2005, the base zoning of this area was rezoned to H (Historic), which incorporated specific development standards and use regulations. On July 12, 2005, PD-108R6-H (Planned Development-108 Revision 6-Historic), was approved to allow the development of two medical office buildings totaling 33,108 square-feet on the south side of Bethel Road, approximately 185 feet east of Coppell Road. The first of these two medical office buildings has been constructed and is currently occupied. On July 10, 2007, a residential amendment to the PD was approved for 20 acres adjacent to Denton Tap and east of the Summit at the Springs. On August 14, 2007, a zone change and preliminary plat for the subject property was approved. TRANSPORTATION: Coppell Road is a two-lane unimproved asphalt roadway within a variable width right-of-way. This will eventually be improved to a 34’ two-lane concrete street with angled, on-street parking, 17’ depth on both sides, 6’ green space and a 5’ sidewalk. SURROUNDING LAND USE & ZONING: North – residential; “H” (Historic) South – vacant – future Service Center Drive; “H” (Historic) East – park/open space; “PD-108-H” (Planned Development-108- Historic) West – vacant; “H” (Historic) ITEM # 12 PAGE 3 of 3 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic District (retail, hotel, convention center and pet bed & breakfast uses are allowed). DISCUSSION: The purpose of this Replat and Final plat is to show the future relocated driveway to the Service Center, located approximately 340 feet to the south of the current location, as part of the Service Center lot. The boundaries are also being expanded to allow for future relocation and expansion of service center uses. A fire lane and utility easement is proposed to extend from Coppell Road to the east approximately 400’, then to the north approximately 180’ to connect with the existing fire lane. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this final plat and replat, subject to the following conditions: 1) The 15' utility easement and TXU easement were dedicated by separate instrument; therefore they should be abandoned by separate instrument. (Not by re-plat of Service Center). 2) The vault on the west side of Coppell Rd. shall be placed on the east side of Coppell Rd. in a 20'X20' easement. 3) Revise all signature blocks to reflect only “Coppell Service Center, Lot 1R, Block 1”. 4) Change title block and plans to read “Lot 1R” in place of “Lot 1”. 5) Revise Villages of Old Coppell lots to read “Block A” in place of “Block 1A”. 6) Remove D&D Ltd. from the owner’s dedication. Only the City will need to sign as the current owner. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING October 9, 2007 20 ✔ PRESENTATION Consider approval of the Gateway Business Park, Lot 3C-R, Block 2, Site Plan, to allow the development of one office warehouse building, containing 151,825 square-feet on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. There are no outstanding P&Z conditions. On September 20, 2007, the Planning Commission unanimously recommended approval of this site plan (6-0). Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @08 Gatewy BP, L3C-R, B2, SP, 1-AR ITEM # 13 PAGE 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Gateway Business Park, Lot 3C-R, Block 2, Site Plan P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: Northeast corner of Gateway Boulevard and Exchange Circle SIZE OF AREA: 8.8 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A site plan to allow the development of one office warehouse building, containing 151,825 square-feet. APPLICANT: Owner: Architect: Catellus Operating LTD David Meinhardt 2310 LBJ Frwy., Suite 200 Meinhardt & Associates Architects Dallas, Texas 75234 14643 Dallas Parkway, Suite 636 972-884-9292 Dallas, Texas 75254 FAX: 972-488-9848 972-980-8980 FAX: 972-980-8082 HISTORY: The City Council approved the final plat of Gateway Business Park on June 12, 1990. On October 12, 1993, City Council approved a replat of Block 2. On April 9, 1996, City Council approved a replat with site plan for Haverty’s, allowing the development of a 220,675 square-foot regional distribution facility and a 50,000 square-foot retail furniture center. On December 12, 2000, City Council approved a site plan amendment to allow a 170,590 square-foot expansion of the Haverty’s facility. This addition was never built. In March 2003, an alternative expansion plan for Haverty’s to allow a 245,277 square-foot building addition and parking was approved. This proposed expansion never occurred and the site plan expired. In May 2006 Council approved a site plan for a 142,120 square-foot office warehouse on land abutting this property to the east. The approved site plan included a mutual driveway to be shared by these two developments. ITEM # 13 PAGE 2 of 3 TRANSPORTATION: Gateway Boulevard is a C4U four-lane undivided collector street within a 70’-wide right-of-way. SURROUNDING LAND USE & ZONING: North- vacant; “LI” (Light Industrial) South - Office/Warehouse (Fritz); “LI” (Light Industrial) East - Office/Warehouse (Prologis); “LI” (Light Industrial) West - Office/Warehouse (Advanced OnLine); “LI” (Light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: The applicant is proposing to develop a 151,825 square-foot office/warehouse building with parking and truck service areas on approximately 8.8 acres of property. The applicant proposes to construct a 10%/90% mix of office to warehouse uses, providing a total of 188 parking spaces, meeting the minimum requirements for this ratio of office to warehouse. The entire rear of the building is occupied by dock doors accessed via a large truck court/service area. The layout of the site provides two access points along Gateway Boulevard. The easternmost driveway is a mutual access easement which was constructed with property abutting to the east. The third point of access from Exchange Circle. Landscaping The landscaping will be a combination of the preservation of the 26 existing mature ornamental and overstory trees along the perimeter, and new plantings within the site. The truck service area is proposed to be screened from Exchange Circle by a nine foot-high solid screen wall. The screen wall will be constructed of the same material as the main structure and painted to match. Leyland Cypress trees are being planted between the wall and the street to soften the appearance of the screening wall. The north side of the truck service area will be screened with a combination of overstory and evergreen trees. Elevations The architecture of this building will be identical to the Prologis building recently complete to the east of this building, fronting on Freeport Parkway. This facility will be two-toned gray painted tilt wall construction with green accents and tinted glass windows and silver mullions. Enhanced entrances are being provided at the corners of the building with two additional articulated architectural features along the Gateway Boulevard frontage. These features extend three (3) feet from ITEM # 13 PAGE 3 of 3 the face of the building. In addition, vertical architectural features, with green accent color are spaced every 50 feet along the façade. A 60 square-foot, externally lit, multi-tenant monument sign is proposed approximately midpoint between the two driveways along Gateway Boulevard. It will be constructed of the same materials and painted the same colors as the main structure on this site. The building elevations indicate the proposed areas for possible future attached signage. The signage is illustrated in such a way that up to six tenants may have attached signage. The outlined areas are in compliance with the sign regulations and will allow for individual tenants to obtain signage as they occupy the buildings. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of Gateway Business Park, Lot 3C-R, Block 2, Site Plan. There are no outstanding conditions. Subject to one condition: 1. Revise the monument sign to be same materials and painted the same colors as the main structure on this site. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3 Recommend modification of the request ATTACHMENTS: 1. Site Plan 2. Tree survey 3. Landscape Plan 4. Elevations 5. Monument Sign Elevation WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING October 9, 2007 21 ✔ PUBLIC HEARING Consider approval of the Gateway Business Park, Lot 3C-R, Block 2, Replat, being a replat of Lot 3C, Block 2, of the Gateway Business Park, to establish fire lanes and easements to allow for the development of one office warehouse building on 8.8 acres of property, located on the northeast corner of Gateway Boulevard and Exchange Circle. There are no outstanding P&Z conditions. On September 20, 2007, the Planning Commission unanimously recommended approval of this REPLAT (6-0). Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. Staff recommends APPROVAL. @09 Gatewy BP, L3C-R, B2, RP, 1-AR ITEM #14 PAGE 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Gateway Business Park, Lot 3C-R, Block 2, Replat P&Z HEARING DATE: September 20, 2007 C.C. HEARING DATE: October 9, 2007 STAFF REP: Marcie Diamond, Assistant Director of Planning LOCATION: Northeast corner of Gateway Boulevard and Exchange Circle SIZE OF AREA: 8.8 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A replat of Lot 3C, Block 2, of the Gateway Business Park, to establish fire lanes and easements to allow for the development of one office warehouse building. APPLICANT: Owner: Engineer: Catellus Operating LTD Ben Stephens 2310 LBJ Frwy., Suite 200 Halff Associates, Inc. Dallas, Texas 75234 12225 Greenville Ave. Suite 200 972-884-9292 Dallas, Texas 75243 FAX: 972-488-9848 214.572.2272 FAX: 214.572.2273 HISTORY: The City Council approved the final plat of Gateway Business Park on June 12, 1990. On October 12, 1993, City Council approved a replat of Block 2. On April 9, 1996, City Council approved a replat with site plan for Haverty’s, allowing the development of a 220,675 square-foot regional distribution facility and a 50,000 square-foot retail furniture center. On December 12, 2000, City Council approved a site plan amendment to allow a 170,590 square foot expansion of the Haverty’s facility. This addition was never built. In March 2003, an alternative expansion plan for Haverty’s to allow a 245,277 square-foot building addition and parking was approved. This proposed expansion never occurred and the site plan expired. In May 2006 Council approved a site plan for a 142,120 square-foot office warehouse on land abutting this property to the east. The approved site plan included a mutual driveway to be shared by these two developments. ITEM #14 PAGE 2 of 2 TRANSPORTATION: Gateway Boulevard is a C4U four-lane undivided collector street within a 70 foot-wide right-of-way. SURROUNDING LAND USE & ZONING: North- vacant; “LI” (Light Industrial) South - Office/Warehouse (Fritz); “LI” (Light Industrial) East - Office/Warehouse (Prologis); “LI” (Light Industrial) West - Office/Warehouse (Advanced OnLine); “LI” (Light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: As noted above, this and surrounding properties have been platted and replatted several times since 1990. Currently, the applicant is proposing to develop a 151,825 square foot office/warehouse building on this 8.8 acres of property. To support this development, additional fire lane access and utility easements need to be provided. This plat also reflects various easements that have been previously platted, including a 50 foot-wide private access and utility easement adjacent and parallel to the east property line. The eastern most driveway will be shared with this property and the developed property to the east. There are no outstanding technical conditions required of this plat; however, there is a clerical one. There are discrepancies as to the owner’s name and address. This information varies within the plat document, site plan package and application forms whereas the owner is listed as Catellus Operating Limited Partnership and/or ProLogis with addresses in Dallas, Denver and/or California. RECOMMENDATION TO THE PLANNING & ZONING COMMISSION: Staff is recommending APPROVAL of Gateway Business Park, Lot 3C-R, Block 2, Replat, subject to the following condition: 1) Clarification of the owner’s legal name and correct address. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: Replat document LEGEND: 1/2 " SET IRON ROD W/YELLOW PLASTIC CAP STAMPED "HALFF ASSOCIATES, INC" 1/2 " FOUND IRON ROD W/YELLOW PLASTIC CAP STAMPED "HALFF ASSOCIATES, INC" FND. I.R. P.R.C.POINT OF REVERSE CURVATURE LEGEND: 1/2 " SET IRON ROD W/YELLOW PLASTIC CAP STAMPED "HALFF ASSOCIATES, INC" 1/2 " FOUND IRON ROD W/YELLOW PLASTIC CAP STAMPED "HALFF ASSOCIATES, INC" FND. I.R. P.R.C. F.I.R. POINT OF REVERSE CURVATURE IN THE AN ADDITION TO THE CITY OF COPPELL DALLAS COUNTY , TEXAS A FOR BY BLOCK 2, LOT 3C-R S.A. & M.G. RAILROAD SURVEY, ABST. No. 1439 OF GATEWAY BUSINESS PARK HALFF ASSOCIATES, INC. I:/25000s/25322/CADD/C101-FP-25322.dgn. REF=25322BORDER.dgn,SV-LEGAL=25322.dgn,SV-PLAT-25322.dgn N88^23’42"W GATEWAY BOULEVARD (VARIABLE WIDTH R.O.W.) 437.69’N01^36’18"EEXCHANGE CIRCLE(60’ R.O.W.)276.86’POINT OF BEGINNING L=3.50’ |= 00^07’32" R= 457.50’ T= 0.50’ L= 1.00’ |= 11^56’06" R= 250.00’ T= 26.13’ L= 52.08’369.15’S01^49’46"W151.64’50’ PRIVATE ACCESS & UTILITY EASEMENT (VOL. 2001083, PG. 0019) |= 23^40’30" R= 794.00’ T= 166.42’ L= 328.09’ 30’ DRAINAGE & UTILITY EASEMENT (VOL. 2001083, PG. 0019) 20’ UTILITY EASEMENT (VOL. 90138, PG. 4289) S88^23’42"E 848.30’ FND. I.R. W/"DAVIS" CAP N43^23’42"W 50.20’ DETAIL (LOT CORNER) |= 00^07’32" R= 457.50’ T= 0.50’ L= 1.00’ LOT 3C, BLOCK 2 LOCATION MAP PROJECT LOCATION SOUTHWESTERN DRIVE ST. LOUIS & SOUTHWESTERN RAILROA D AIRLINEGRAPEVINECREEK COWBOYI. H . 6 3 5 ( L B J F R E E W A Y ) GATEWAY BLVD.FREEPORT PKWY.EXCHANGECIRCLENORTH NOT TO SCALE LOCATION MAP PROJECT LOCATION SOUTHWESTERN DRIVE ST. LOUIS & SOUTHWESTERN RAILROA D AIRLINEGRAPEVINECREEK COWBOYI. H . 6 3 5 ( L B J F R E E W A Y ) GATEWAY BLVD.FREEPORT PKWY.EXCHANGECIRCLENORTH NOT TO SCALE BLOCK 2 LOT 3A GATEWAY BUSINESS PARK (VOL. 2001083, PG. 0019) R=10’ R=30’ 24’ FIRELANE (BY THIS PLAT)30’ BUILDING SETBACKR=20’ R=10’ |= 01^58’49" R= 250.00’ T= 4.32’ L= 8.64’ R=30’ R=54’N01^49"46"E395.24’10’ GAS EASEMENT (INST. 20060437004) 24’ FIRELANE (BY THIS PLAT) 60 BUILDING SETBACK R=24’ R=20’ 30’ 69.86’ S.A. & M . G . R A I L R O A D S U R V E Y , ABST R A C T N o . 1 4 3 9 30’ BUILDING SETBACK40’R=54’ R=54’ "X" CUT SET IN PAVEMENT SET "X" SET "X" 1/2" FOUND IRON ROD 1501007550250 SCALE: 1"=50’ N SET "X" FND. I.R. (P.R.C.) BLOCK 2 LOT 3B GATEWAY BUSINESS PARK (VOL. 2001083, PG. 0019) BLOCK 2 LOT 3C-R GATEWAY BUSINESS PARK 375,416 SQ. FT. OR 8.62 ACRES (VOL. 2001083, PG. 0019) ______________________________ ___________________________________ ______________________________ NOTES: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the undersigned do hereby covenant and agree that they shall construct upon the Fire Lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats or other impediments to the access of fire apparatus. The maintenance of paving on the Fire Lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking". The police or his duly authorized representative is hereby authorized to cause such Fire Lanes and Utility Easements to be maintained free and unobstructed at all times for fire department and emergency use. The undersigned do covenant and agree that public Access Easements may be utilized by any person or the General Public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use in, along, upon and across said premises, with the right and privilege at all times of the City of Coppell, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises. APPROVED AND ACCEPTED BY: ______________________________ ____________________ ATMOS ENERGY GAS ______________________________ ____________________ VERIZON TELEPHONE ______________________________ ____________________ Recommended for Approval: ___________________________________ ____________________ City of Coppell, Texas City of Coppell, Texas Witness my hand this __________ day of __________, A.D., 2007 City Secretary ANDREW J. SHAFER REGSISTERED PROFESSIONAL LAND SURVEYOR TEXAS NO. 5017 BEFORE ME, THE UNDERSIGNED, A NOTARY IN AND FOR SAID COUNTY AND STATE ON THIS DAY PERSONALLY APPEARED, ANDREW J. SHAFER, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE IN CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. MY COMMISSION EXPIRES __________ NOTARY PUBLIC IN AND FOR DALLAS COUNTY, TEXAS FLOOD PLAIN NOTE: FLOODPLAIN ORDINANCE NOTE: FLOODPLAIN DEVELOPMENT PERMIT APPLICATION NO. __________ HAS BEEN FILED WITH THE CITY OF COPPELL FLOODPLAIN ADMINISTRATOR ON __________, 2007. __________________________________ ____________________ 2. THE PROPERTY OWNER TO INSTALL SIDEWALK WHEN DEEMED NECESSARY BY CITY ENGINEER. ______________________________ WITNESS OUR HANDS, this the __________ day of __________, 2007 BEFORE ME, THE UNDERSIGNED, A NOTARY IN AND FOR SAID COUNTY AND STATE ON THIS DAY PERSONALLY APPEARED, ______________________________, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE IN CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. MY COMMISSION EXPIRES __________ NOTARY PUBLIC IN AND FOR DALLAS COUNTY, TEXAS Chairman Planning & Zoning Commission Date of Approval Approved and Accepted: ___________________________________ ____________________ SURVEYOR’S CERTIFICATE FLOODPLAIN ADMINISTRATOR DATE |= 66^25’19" R= 40.00’ T= 26.19’ L= 46.37’ |= 156^25’26" R= 60.00’ T= 287.50’ L= 163.81’ 2 1 4 3 CURVE TABLE |= 35^27’05" RADUIS TANGENT LENGTHNO. 1 2 3 4 746.81’ 625.67’ L=15.47’15.22’R=25.00’ |= 35^27’05"R=25.00’L=15.47’15.22’ |= 13^13’31"R=25.00’ |= 55^08’14"R=20.00’T=10.44’L=19.25’18.51’ 574.85’ 548.85’46.69’26.69’2.29’ 80.32’ 68.10’ Mayor Date of Approval CHORD BEARING CHORD DISTANCE N16^07’15"W S19^19’76"W S08^13’04"W N25^57’49"W FF= 527.00 OWNER: 19.00’N01^36"12"E246.07’349.64’30.95’ GIVEN UNDER MY HAND AND SEAL OF OFFICE THE __________ DAY OF _______, 2007. GIVEN UNDER MY HAND AND SEAL OF OFFICE THE __________ DAY OF ________,2007. 3.11’ 30’x20’ WATER EASEMENT (BY THIS PLAT) 29.84’31.69’345.67’ SURVEYOR: ATTN: ANDREW J. SHAFER HALFF ASSOCIATES, INC. 3801 PARKWOOD BLVD, SUITE 500 FRISCO, TEXAS 75034-8650 (214) 618-4570 FAX: (214) 618-4574 C1.01 FIRELANE 10.00’ ONCOR ELECTRIC TIME WARNER CABLE ______________________________ ____________________ CATELLUS OPERATING LIMITED PARTNERSHIP 12225 GREENVILLE AVENUE, SUITE 200, DALLAS, TEXAS 75243 S.I.R. W/CAP F.I.R. W/CAP F.I.R. W/CAP F.I.R. W/CAP F.I.R. W/CAP (C.M.) F.I.R. W/CAP RE-PLAT STATE OF TEXAS THENCE North 01 degree 36 minutes 18 seconds East, along said east right-of-way line, a distance of 276.86 feet to a 1/2-inch iron rod with cap found for the point of curvature of a circular curve to the right having a radius of 40.00 feet; THENCE Northeasterly, continuing along said east ight-of-way line and said curve to the right, through a central angle of 66 degrees 25 minutes 19 seconds, an arc distance of 46.37 feet to 1/2-inch iron rod found for the point of reverse curvature of a circular curve to the left having a radius of 60.00 feet; THENCE Northerly, continuing along said east right-of-way line and said curve to the left, through a central angle of 156 degrees 25 minutes 26 seconds, an arc distance of 163.81 feet to 1/2-inch iron rod with cap found for corner, said point being the northwest corner of said Lot 3C and the southwest corner of Lot 3A of said Gateway Business Park addition; THENCE South 88 degrees 23 minutes 42 seconds East, departing said east right-of-way and along the common line between said Lots 3A and 3C, a distance of 848.30 feet to a 1/2-inch iron set for corner on the west line of Lot 3B of said Gateway Business Park addition; THENCE Southwesterly, continuing along said north right-of-way line and said curve to the right, through a central angle of 11 degrees 56 minutes 06 seconds, an arc distance of 52.08 feet to 1/2-inch iron rod with cap found for the point of reverse curvature of a circular curve to the left having a radius of 250.00 feet; THENCE Southwesterly, continuing along said north right-of-way line and said curve to the left, through a central angle of 01 degree 58 minutes 49 seconds, an arc distance of 8.64 feet to a 1/2-inch iron rod with cap found for the point of reverse curvature of a circular curve to the right having a radius of 794.00 feet; THENCE Westerly, continuing along said north right-of-way line and said curve to the right, through a central angle of 23 degrees 40 minutes 30 seconds, an arc distance of 328.09 feet to a 1/2-inch iron rod with cap found for the point of tangency; THENCE North 88 degrees 23 minutes 42 seconds West, along said north right-of-way line (70-foot width right-of-way at this point), a distance of 437.69 feet to the POINT OF BEGINNING AND CONTAINING 375,416 square feet or 8.62 acres of land, more or less. BEGINNING at a 1/2-inch iron rod with yellow plastic cap stamped "Halff Associates, Inc " (hereafter referred to as " with cap ") found for corner, said point being the most southeasterly point of a corner clip at the intersection of the north right-of-way line of Gateway Boulevard (70-foot width right-of-way at this point) with the east right-of-way line of Exchange Circle (60-foot width right-of-way); THENCE North 43 degrees 23 minutes 42 seconds West, departing said north right-of-way line, a distance of 50.20 feet to a 1/2-inch iron rod with cap stamped "DAVIS" found for corner on said east right-of-way line of Exchange Circle for the northwesterly point of said corner clip; COUNTY OF DALLAS OWNER’S CERTIFICATE AND DEDICATION THENCE Southwesterly, along said north right-of-way line and said curve to the left, through a central angle of 00 degrees 07 minutes 32 seconds, an arc distance of 1.00 feet to an "X" cut in pavement set for the point of reverse curvature of a circular curve to the right having a radius of 250.00 feet; THENCE South 01 degree 49 minutes 46 seconds West, along the common line between said Lots 3B and 3C a distance of 369.15 feet to an "X" cut in pavement set for the point of curvature of a circular curve to the left having a radius of 457.50 feet, said point being on said north right-of-way line of Gateway Boulevard (variable width right-of-way at this point); CONTROL MOMUMENTC.M. S.I.R. W/CAP F.I.R. W/CAP I, ANDREW J. SHAFER, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION ON __/__/2007 AND THAT THE LOCATION OF ALL MONUMENTS SHOWN ARE CORRECT, AND THAT THE LOTS, BLOCKS, STREETS, AVENUES, ALLEYS AND PUBLIC WAYS ARE ACCURATELY STAKED OFF AND MARKED. 1. CATELLUS OPERATING LIMITED PARTNERSHIP RESERVE FOR THEMSELVES, THEIR SUCCESSORS AND ASSIGNS, THE RIGHT TO USE THE SURFACE OF ALL EASEMENTS, DEDICATED WITH REPLAT, FOR INSTALLING LANDSCAPING AND IRRIGATION SYSTEMS, FOR THE PARKING OF VEHICLES (EXCEPT THAT PARKING SHALL NOT BE AUTHORIZED IN ANY DESIGNATED FIRE LANES), FOR THE PASSAGE OF PEDESTRIAN AND VEHICULAR TRAFFIC AND TO CONSTRUCT AND MAINTAIN PAVING ON THE SURFACE OF SUCH EASEMENTS FOR THE PURPOSE OF SUCH RESERVED USES. 1. SUBJECT TRACT LIES WITHIN ZONE X, AN AREA DETERMINED TO BE OUTSIDE 500 YEAR FLOODPLAIN AS DEPICTED ON THE FEMA FLOOD INSURANCE RATE MAP FOR DALLAS COUNTY, TEXAS AND INCORPORATED AREAS, MAP NUMBER 48113C0135 J, DATED AUGUST 23, 2001. 15’ TXU ELECTRIC EASEMENT (BY THIS PLAT) 20’x20’ TXU ELECTRIC EASEMENT (BY THIS PLAT)116.09’F.I.R. W/CAP (C.M.)366.62’ SCALE 1"=50’ (214) 572-2272 AVO 25322 SEPTEMBER, 2007 The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing replat of the Lot 3C-R, Block 2 of Gateway Business Park Subdivision or Addition to the City of Coppell was submitted to the City Council on the __________ day of __________, 2007, and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. 10’ ATMOS ENERGY GAS EASEMENT (BY THIS PLAT) 42.63’162.31’RIGHT-OF-WAY DEDICATION (VOL. 2001083, PG. 0019) 5,820 SQ. FT. OR 0.1336 AC. DELTA T=7.99’ T=7.99’ T=2.90’L=5.77’5.76’ 4545 AIRPORT WAY, DENVER, COLORADO 80239 (Print Name) (Date of Approval) (Print Name) (Date of Approval) (Print Name) (Date of Approval) (Print Name) (Date of Approval) This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Coppell, Texas. CATELLUS OPERATING LIMITED PARTNERSHIP 4545 AIRPORT WAY DENVER, COLORADO 80239 (303) 567-5000 FAX: (303) 567-5605 25’ WATER EASEMENT (BY THIS PLAT) 35.79’ 20’ WATER EASEMENT (BY THIS PLAT) 20’ WATER EASEMENT (BY THIS PLAT)235.03’86.39’N46^36’18"E JOHN R. RIZZO, MANAGING DIRECTOR - DEVELOPMENT PALMTREE ACQUISITION CORPORATION, A DELAWARE CORPORATION ________________________________________ X ________________________________________ 34.19’ WHEREAS, Catellus Operating Limited Partnership (successor by merger to Catellus Development Corporation) is the sole owner of a tract of land situated in the S.A. & M.G. Railroad Survey, Abstract No. 1439, and being all of Lot 3C, Block 2, Gateway Business Park, an addition to the City of Coppell as filed for record in Volume 2001083 Page 0019 of the Plat Records of Dallas County, Texas, and being in the City of Coppell, Texas, and being more particularly described as follows: THAT, CATELLUS OPERATING LIMITED PARTNERSHIP, a Delaware limited partnership (successor by merger to Catellus Development Corporation) acting herein by and through the duly authorized officers of its general partner, does hereby adopt this plat designating the herein described property as LOT 3C-R, BLOCK 2, GATEWAY BUSINESS PARK, an addition to the City of Coppell, Dallas County, Texas, and does hereby dedicate, in fee simple, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The Easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the Easements as shown, except that landscape improvements may be placed in Landscape Easements, if approved by the City of Coppell. In addition, Utility Easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the Public’s and City of Coppell’s use thereof. The City of Coppell and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said Easements. The City of Coppell and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. GENERAL PARTNER OF CATELLUS OPERATING LIMITED PARTNERSHIP 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 October 9, 2007 22 ✔ CONTRACT/BID or PROPOSAL Consider approval of a Development Agreement between City of Coppell and CH Realty IV/Bethel, L.P. 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 CH Realty IV/Bethel, L.P. and will be available to answer any questions at the Council meeting. 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: October 9, 2007 REF: Consider approval of a Development Agreement between City of Coppell and CH Realty IV/Bethel, L.P. 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 Cici’s 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 this development was further along the city would explore opportunities with the developer to complete the extension. Creekview currently 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 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 of Creekview Drive. 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 its 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 Paragraph 3, 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 the design of the 12” waterline extension from Bethel Road north approximately 400 feet, 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 for 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 currently constructing Bethel Road about 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 to bid, because of the size of the project and inaccessibility due to the 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 it will allow the city to bring forth a Change Order with the Bethel Road contractor, which could hopefully be brought before Council sometime in November. Staff recommends approval of the Development Agreement and 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 CH REALTY IV/BETHEL, L.P., a Texas limited partnership (the “DEVELOPER”): RECITALS WHEREAS, DEVELOPER intends to acquire or is the owner of a tract of land intended for development as a light industrial project 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, DEVELOPER desires to dedicate right-of-way from the PROPERTY and to use reasonable efforts to obtain the necessary right-of-way from Fellowship of Las Colinas, each more particularly described in Exhibits “B-1” & “B-2” attached hereto (the “RIGHT-OF- WAY”), and provide the RIGHT- OF- WAY to the CITY in order to permit the CITY to cause the construction of Creekview Drive and two median openings, more particular described in Exhibit "C" attached hereto (the "CONSTRUCTION"); and DEVELOPMENT AGREEMENT – Page 1 WHEREAS, the dedication of the RIGHT-OF-WAY by DEVELOPER will be in lieu of the CITY’S purchase or condemnation 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. DEVELOPER shall dedicate or grant the RIGHT-OF-WAY from their PROPERTY to the CITY and DEVELOPER shall use reasonable efforts to obtain a grant of RIGHT- OF- WAY from Fellowship of Las Colinas to the CITY for purposes of the construction of Creekview Drive on or before December 31, 2007. 2. Upon dedication of the RIGHT-OF-WAY by DEVELOPER, 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) at the CITY'S expense, 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 at the location depicted on Exhibit C; c) at the CITY'S expense, cause 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) at the CITY'S expense, cause the construction of the new median openings in Bethel Road that will serve the PROPERTY and Creekview Drive. 3. Upon approval of this AGREEMENT by the City Council of the CITY, the DEVELOPER agrees to the following: a) cause the design of Creekview Drive from Bethel Road DEVELOPMENT AGREEMENT – Page 2 a distance of 1000 feet +/-; b) cause the design of approximately 400 feet of 12” waterline 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 DEVELOPER, to: CH Realty IV/Bethel, L.P. 2100 McKinney Avenue, Suite 700 Dallas, Texas 75201 Attn: Steve Bancroft With a copy to: CH Realty IV/Bethel, L.P. 2100 McKinney Avenue, Suite 700 Dallas, Texas 75201 Attn: General Counsel With additional copy to: Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 Attn: Greg Zimmerman 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. DEVELOPER may transfer any portion of the PROPERTY and any of its rights and obligations under this AGREEMENT without the consent of the CITY. If DEVELOPER assigns its rights under this AGREEMENT, then DEVELOPER shall thereby be released from any further obligations hereunder arising after the date of transfer, provided that the assignee assumes in writing DEVELOPER’S obligations hereunder arising from and after the transfer date and a copy of such written assignment shall be provided to the CITY. Additionally, the CITY acknowledges and agrees that in order to induce financial lenders or institutions ("Third-Party Lenders") to now or hereafter provide financing arrangements to DEVELOPER for the development of the PROPERTY, DEVELOPER may assign all of its rights under this AGREEMENT to Third- Party Lenders as collateral therefore, without the consent of the CITY. 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 DEVELOPMENT AGREEMENT – Page 4 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 PROPERTY and are fully binding on all successors, heirs, and assigns of DEVELOPER who acquire any right, title, or interest in or to the PROPERTY or any part thereof. Any person who acquires any right, title, or interest in or to the PROPERTY, 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 determination recited and declared in the preambles to this AGREEMENT are hereby incorporated herein as part of this AGREEMENT. MISCELLANEOUS 11. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is made to the same. DEVELOPMENT AGREEMENT – Page 5 12. From time to time, upon ten days written request by DEVELOPER, the CITY shall provide an estoppel certificate in connection with this AGREEMENT so long as the certificate is requested in connection with a bona fide business purpose. The estoppel certificate, which, if requested, shall be addressed to DEVELOPER, a prospective or subsequent purchaser or assignee of DEVELOPER, and/or DEVELOPER’S existing or prospective lender, shall include, but not necessarily be limited to, statements that this AGREEMENT is in full force and effect without default (or if default exists, the nature of default and curative action which should be undertaken to cure same), and such other matters reasonably requested by the party to receive the estoppel certificate. 13. DEVELOPER represents and warrants to the CITY that DEVELOPER is currently in compliance with and shall at all times during the term of this AGREEMENT remain in compliance with the regulations of the OFAC of the Department of the Treasury (including those named on OFAC’s Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto. CITY represents and warrants to DEVELOPER that the CITY is currently in compliance with and shall at all times during the term of this AGREEMENT remain in compliance with the regulations of the OFAC of the Department of the Treasury (including those named on OFAC’s Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto. DEVELOPMENT AGREEMENT – Page 6 14. This AGREEMENT may not be executed, entered into, altered, amended or modified by electronic means. DEVELOPMENT AGREEMENT – Page 7 EXECUTED in triplicate originals this _____ 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 DEVELOPER: CH REALTY IV/BETHEL, L.P., a Texas limited partnership By: CH Realty IV/Industrial GP, L.L.C., a Delaware limited liability company, its general partner By: Crow Holdings Managers, L.L.C., a Texas limited liability company its manager By: ______________________________ Name:____________________________ Title:_____________________________ DEVELOPMENT AGREEMENT – Page 8 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: ACKNOWLEDGMENT BY DEVELOPER STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________2007, by , Vice President of Crow Holdings Managers, L.L.C., a Texas limited liability company, the manager of CH Realty IV/Industrial GP, L.L.C., a Delaware limited liability company, the general partner of CH Realty IV/Bethel, L.P., a Texas limited partnership, on behalf of said limited liability companies and limited partnership. Notary Public, State of Texas My Commission Expires: DEVELOPMENT AGREEMENT – Page 9 EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY DEVELOPMENT AGREEMENT – Page 10 EXHIBIT “B-1” LEGAL DESCRIPTION OF RIGHT-OF-WAY FOR BETHEL BUSINESS PARK LOT 1 BLOCK A DEVELOPMENT AGREEMENT – Page 11 EXHIBIT “B-2” LEGAL DESCRIPTION OF RIGHT-OF-WAY FOR FELLOWSHIP CHURCH OF LAS COLINAS DEVELOPMENT AGREEMENT – Page 12 EXHIBIT “C” CONSTRUCTION for CREEKVIEW DRIVE AND DEPICTION OF MEDIAN LOCATIONS DEVELOPMENT AGREEMENT – Page 13 Dallas_1\5086366\2 21478-301 8/27/2007 1 INCH = FT. 0 200 200 100 Proposed Bethel Rd Improvements, Creekview Drive Extension Bethel Business Park Created in LDDTS:\CAD\In_Design\ST99-05\dwg\ST99-05 LAYOUT.dwg\BETHEL BUS PK Created on: 02 Oct 2007 by Scott Latta CURB LINE OF PROPOSED MEDIAN OPENINGS AND CREEKVIEW DR EXTENSION EXHIBIT C WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering October 9, 2007 23 ✔ CONTRACT/BID or PROPOSAL Consider approval of entering into an Engineering Design contract with GSWW, Inc. for the design of Deforest Road Improvements, Project #ST 05-01, from MacArthur Boulevard to Windsor Estates; for a total maximum fee of $188,106.00; as provided for in CIP Funds; and authorizing the City Manager to sign. Approval of this contract will allow for the design of improvements to Deforest Road from MacArthur Boulevard to the Windsor Estates entrance. Staff recommends approval of the contract with GSWW, Inc. and will be available to answer any questions at the Council meeting. Staff recommends approval of the contract in the total maximum amount of $188,106.00 from CIP Funds. #Deforest Rd Contr MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: October 9, 2007 REF: Consider approval of an Engineering Services Contract with GSWW, Inc. to provide professional engineering and design services for the Deforest Road Improvements (from MacArthur Boulevard to Windsor Estates), Project #ST 05-01; for a total maximum fee of $188,106.00; 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 GSWW, Inc. for the design of improvements from MacArthur Boulevard east to the entrance of the Windsor Estates subdivision. The design of Deforest Road will have several challenges that will need certain expertise. Therefore, we approached several different firms to come up with a design proposal for this suburban area that is rural in nature. Deforest Road currently exists as a two-lane asphalt county-type road with bar ditches on both sides. It will be rebuilt as a 28-foot concrete street with improved drainage and a continuous sidewalk on the north side. Staff recommends approval of entering into a contract with GSWW, Inc. in the amount of $188,106.00 for the design of Deforest Road from MacArthur Boulevard to Windsor Estates. Staff will be available to answer any questions at the Council meeting. 1 INCH = FT. 0 400 400 200 Proposed Improvements Deforest Road Re-Construction City of Coppell Project ST05-01 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST05-01 Created on: 23 May 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 GSWW, 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 Deforest Road (MacArthur Blvd. to Windsor Estates) ST05-01, 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 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. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 2 of 16 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 Parts A, B, C, D, E & F: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, “Basic 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, as outlined in Attachment “B” “Additional Services”. 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, Basic 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 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. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 3 of 16 3. Compensation. A. Basic Services for Parts A, B, C, D, E, & F Fee: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Fee Schedule described in Attachment “A”, Basic Services. Each Part of the Basic Services Fee shall not exceed the lump sum as shown in Attachment “A” provided, however, that modifications to the Basic Services Parts A, B, C, D, E, & F 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 Eighty-Eight Thousand One Hundred Six dollars ($188,106.00): The lump sum Basic Services Part A, B, C, D, E & F Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part A, B, C, D, E, & F and/or Additional Services 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. E. 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 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. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 4 of 16 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 Basic Services which clearly defines the changes to the previously approved Basic 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 Basic Services modification shall constitute a notice to proceed with the Project in accordance with the modified Basic Services. The City Engineer may issue written Modifications to the Basic 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, Basic Services, the Engineer shall provide the City with one set of reproducibles, one set of blacklines 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 digital 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 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 Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 5 of 16 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 Basic 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 Basic 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 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 Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 6 of 16 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 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 Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 7 of 16 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. 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. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 8 of 16 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. 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 Engineer: Quinn G. Spann, Jr., P.E. Jim Witt, City Manager GSWW, Inc. 255 Parkway Blvd. 11117 Shady Trail Coppell TX 75019 Dallas, Texas 75229 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 ENGINEER: GSWW, Inc. BY: BY: ______________________ ______________________________ City Manager Quinn G. Spann, Jr., Associate Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 9 of 16 ATTACHMENT “A” BASIC SERVICES The Engineer agrees to render services necessary for the development and completion the Project as outlined herein. The reconstruction consists of replacing approximately 3,200 linear feet of 20-foot wide asphalt pavement with 38-foot wide street pavement and drainage within Deforest road. It is the Engineer’s understanding that this project will tie into existing drainage system at MacArthur on the west end and into the existing drainage system under Deforest at Deforest Court on the east end of the project. 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. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 10 of 16 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’ horizontal and 1”=5’ vertical 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. 4. Plot existing topographic features including pavement & utilities on (24” x 34”) plan and profile sheets (1”=20’ horizontal and 1”=5’ vertical). 5. Prepare plan and profile drawings of existing and proposed top of curb. 6. Roadway cross sections on 50-foot intervals & driveway cross sections. 7. Provide typical roadway section. 8. Wall design for any walls that may be needed along the Right-Of-Way. 9. Erosion Control Plan 10. Storm Water Pollution Prevention Plan (SWP3). (Excludes agency review fees, BMP’s inspection during construction, and NOI & NOT.) 11. Develop phasing plan to maintain one lane of traffic during construction. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 11 of 16 12. Attendance of Public Meetings or stakeholder meetings. (Estimate 16 hours) 13. Submit two full sized blackline sets of preliminary construction plans at 35%, 65% and 95% for City staff review and comments. 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. 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 mylar 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). Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 12 of 16 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). 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. 12. 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. E. SURVEY FOR DESIGN. 1. Survey shall include incorporating lot and address number into electronic drawing; Horizontal and vertical location of the existing visual facilities within the right-of-way, including existing pavement, fences, trees, lead walks & mailboxes. Pick up utility appurtenances such as water valves, fire hydrants, manholes, inlets etc., within the right-of-way. Set vertical and horizontal control using the City’s datum. Vertical control will be based upon the City’s benchmark datum. 2. Engineers review of surveyor’s work. 3. Engineer incorporating survey files and reducing data files. 4. Call Dig-Tess out to mark existing private utilities. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 13 of 16 5. Deforest Road survey will begin with the existing median opening noses in MacArthur and end approximately 200 feet east of the asphalt/concrete joint in Windsor Estates. We will survey MacArthur Blvd. 200 feet north and south of Deforest Road. 6. Each intersecting street will be surveyed 200 feet back from the center of Deforest Road. 7. Control points and benchmarks will be set no more that 500 feet apart. 8. Research plats and acreage properties 9. Analysis of Deforest Road right-of-way 10. Survey existing private drive 50 feet back from the edge of asphalt pavement. (Exception: 100 feet back on the existing pavestone drive since it may be the vertical curve.) 11. Four (4) Deforest right-of-way exhibits. 12. Two (2) drainage easement exhibits. 13. Tie down all trees four inches (4”) and above along with identifying their species with the right-of-way. F. GEOTECHNICAL INVESTIGATION. 1. Eight boring, six at a depth of 10 feet and two at a depth of 25 feet are planned in the existing sloped areas for stability test and wall footing analysis. 2. The results of the field investigation and laboratory testing will be evaluated to provide recommendations for the design and construction of the proposed concrete pavement. The report will include: -Boring logs, laboratory test results, water level observations and a boring location plan -Engineering characterization of the subsurface materials encountered. -Typical concrete pavement section based on traffic data provided by the City of Coppell -Subgrade stabilization recommendations for the planned street. -Data required for design of low-level retaining walls and/or slopes -Recommendations regarding earthwork, including grading and excavation, backfilling and compaction, the treatment of in-place soils for the support of foundations, pavement and possible construction problems reasonably to be expected. Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 14 of 16 FEE SCHEDULE FOR BASIC SERVICES A. Schematic Design =$ 36,240.00 B. Preliminary Design =$ 60,400.00 C. Final Plans, Specifications, and Estimate (PS&E) =$ 24,160.00 D. Construction Administration =$ 27,650.00 E. Survey for Design 1. Horizontal & Vertical Control =$ 1,660.00 2. Research, Deed Sketch and Analysis of Right of Way =$ 3,970.00 3. Deforest Road and Intersecting Street Topo Survey =$ 28,490.00 4. Right-of-way take Exhibits & Drainage Easement Exhibits =$ 3,036.00 (This includes R.O.W. from four (4) properties and two (2) possible drainage easements) F. Geotechnical Investigation 1. Drilling & Sampling of Test Borings =$ 4,315.00 2. Laboratory Testing =$ 1,265.00 3. Engineering Analysis & Report for Street improvement =$ 1,380.00 4. Engineering analysis for retaining walls / slope improvements =$ 1,540.00 Total of Basic Services =$188,106.00 Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 15 of 16 ATTACHMENT “B” ADDITIONAL SERVICES ADDITIONAL SERVICES: If requested by the City, GSWW, INC. will provide the following services on an hourly basis: A. Detailed construction staking. B. Full time construction inspection. C. Preparation of easement descriptions and exhibits in excess of those listed above. D. Right-of-way parcel descriptions in excess of those listed above. E. Internal inspection of sanitary sewer lines. F. Trench excavation safety plan. G. Utility Locate using potholing or any other digging method H. Water Line Replacement other than those lines crossing under Deforest. I. HEC II & Hydraulic Studies J. Detention Pond Analysis K. Environmental investigation L. Services in connection with condemnation hearings M. On-Site safety N. Traffic engineering report or study O. SWP3- Review fees, NOI, NOT, & BMP’s inspection during construction Deforest Road (MacArthur Blvd. to Windsor Estates) ST 05-01 Page 16 of 16 HOURLY FEE SCHEDULE FOR ADDITIONAL SERVICES Hourly Rates Effective September 2007 ENGINEERING SERVICES Description Approximate Rate* Principal…………………………………………………………………………………………………………$171/hour Associate/Proj. Manager……………………………………………………………………………………….$147/hour Project Manager ............................................................................................................................................$127/hour Project Engineer............................................................................................................................................$113/hour Graduate Engineer ..........................................................................................................................................$82/hour Senior Technician..........................................................................................................................................$108/hour Technician………………………………………………………………………………………………………...$61/hour Administrative..................................................................................................................................................$71/hour Direct Expenses.........................................................................................................................................Cost + 15% *Actual hourly rates are based upon experience level and expertise. AGENDA REQUEST FORM DATE: October 9, 2007 ITEM #: 24 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the Old Town Coppell Fall Harvest Festival. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: October 9, 2007 ITEM #: 25 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: October 9, 2007 ITEM #: 26 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: October 9, 2007 Department Submissions: Item No. 7 was placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Fire Department Item No. 10/D was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 10/C, 22 and 23 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 10/E, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting he same to the and hereby submit t City Council for consideration. ____________________ City Manager (or Deputy City Manager)