Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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)