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CP 2008-05-13 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 13, 2008 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, May 13, 2008, 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. ag051308 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. Mira Mar vs. City of Coppell. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of real property west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road/East of Denton Tap. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Appointment of Mayor Pro Tem. B. Discussion regarding Skateboard Ordinance. C. Discussion regarding Council Retreat. D. Discussion of Agenda Items. Adjourn Work Session. A COUNCILMEMBER APPRECIATION RECEPTION WILL BE HELD IN THE ATRIUM FROM 6:15 P.M. UNTIL 7:00 P.M. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. ag051308 Page 2 of 6 ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Canvass returns of the May 10, 2008 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. 8. Swearing in of Councilmembers Place 1, 3, 5 & 7. 9. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. 10. Councilmember appreciation presentation. 11. Consider approval of a proclamation honoring Pete Wilson for his years of service to the Coppell community, and authorizing the Mayor to sign. 12. Consider approval of a proclamation naming May 15 as Coppell Fire Department Day, and authorizing the Mayor to sign. 13. Citizens' Appearances. CONSENT AGENDA 14. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 22. 2008. B. Consider approval of an agreement with Oncor Electric Delivery to provide median lighting for the Bethel Road Project #ST 99-05 in the amount of $69,282.00; as provided for in CIP funds; and authorizing the City Manager to sign. C. Consider approval of an amendment to the "Agreement of Exchange of Property" between the City of Coppell and Chadick Capital L.P. approved March 27, 2007; for the exchange of property to allow the construction of drainage improvements on the Bethel Road Project; and authorizing the City Manager to sign. ag051308 Page 3 of 6 ITEM # ITEM DESCRIPTION D. Consider approval of an Ordinance amending the Code of Ordinances by repealing Article 15-9, Property Maintenance Code, in its entirety and by adding a new Article 15-14 to provide the adoption of the International Property Maintenance Code, 2006 Edition, and the amendments thereto; and authorizing the Mayor to sign. E. Consider approval of an Ordinance amending the Code of Ordinances by readopting and recodifying Article 15-9 providing for the adoption of the Coppell Thoroughfare Plan; and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. PD-209R-C, TownOaks Centre, zoning change from PD-209-C (Planned Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised-Commercial) to allow an increase in the allowable size of a proposed attached sign from 25.6 square feet to 51.9 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change from R (Retail) to PD-214R3- SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the development of two (2) single- family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change from PD-222-LI (Planned Development-222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road and authorizing the Mayor to sign. END OF CONSENT ag051308 Page 4 of 6 ITEM # ITEM DESCRIPTION 15. PUBLIC HEARING: Consider approval of Case No. PD-200R2-SF-12, Petterson Addition, zoning change request from PD-200R-SF-12 (Planned Development-200 Revised - Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2- Single Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access requirement that states garage access must only be accessed off of the alley; revised landscape plan and construction of four single-family homes on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. 16. Consider approval the Petterson Addition, Lots 1R-4R, & 1XR, Block A, Replat, to establish four single-family residential lots, one common area, easements, and a fire lane on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. 17. Consider approval of a resolution authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the Education Foundation Recognition Dinner. 19. Necessary action resulting from Work Session. 20. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag051308 Page 5 of 6 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 9th day of May, 2008, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag051308 Page 6 of 6 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: May 13, 2008 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 vs. City of Coppell. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Purchase of real property west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road/East of Denton Tap. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: May 13, 2008 ITEM #: WS-3 WORK SESSION A. Discussion regarding Appointment of Mayor Pro Tem. B. Discussion regarding Skateboard Ordinance. C. Discussion regarding Council Retreat. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 13, 2008 7 ✔ PROCEDURAL Canvass returns of the May 10, 2008 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. The General Municipal Election to fill Council Places 1, 3, 5 & 7 was held on Saturday, May 10, 2008. This canvass will declare the results of that election. Staff recommends approval. %canvass WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 13, 2008 8 ✔ PROCEDURAL Swearing in of Councilmembers Place 1, 3, 5 & 7. Councilmembers elected at the May 10 General Election will be sworn in for a new term for Places 1, 3, 5 & 7. No action necessary. %swearin WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 13, 2008 9 ✔ PROCEDURAL Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. The Coppell Home Rule Charter decrees that a new Mayor Pro Tem be selected annually at the first regular City Council meeting following either each regular city election or run-off election if such occurs. Elect a Mayor Pro Tem %ProTem WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 13, 2008 10 ✔ PROCEDURAL Councilmember appreciation presentation. No action necessary. %swearin WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager May 13, 2008 11 ✔ PROCLAMATION Consider approval of a proclamation honoring Pete Wilson for his years of service to the Coppell community, and authorizing the Mayor to sign. !Wilson PROCLAMATION WHEREAS, Wheelice “Pete” Wilson was raised in Coppell, and has taught in the Coppell Independent School District for 36 years; and WHEREAS, during that time Pete taught chemistry, seventh and eighth grade English, speech and journalism; and WHEREAS, Pete began teaching drama in 1976 with about 20 students, and today there are almost 250 students, three teachers and 11 classes per day; and WHEREAS, he was instrumental in spearheading Theatre Coppell 18 years ago, and is currently its Artistic Director; and WHEREAS, through Pete Wilson’s dedication, self-sacrifice, and commitment to his home-town community, Coppell high school students have successfully competed in State competitions for theater. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, on behalf of the City Council, hereby extend our sincere thanks and appreciation to Pete Wilson at the time of his retirement for his efforts to promote drama and theater in the Coppell Independent School District and the city of Coppell. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2008. __________________________________________ 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: Fire Department May 13, 2008 12 ✔ PROCLAMATION Consider approval of a proclamation naming May 15 as Coppell Fire Department Day, and authorizing the Mayor to sign. Staff recommends approval. (FD Proclamation - 1 AR PROCLAMATION WHEREAS, The Coppell Volunteer Fire Department was organized on May 15, 1958 when 26 men laid the groundwork for what is now known as the Coppell Fire Department; and WHEREAS, On May 22, 1958 Dallas County Fire Marshal Hal Hood accepted the charter of the newly formed volunteer department which remained an all-volunteer Fire Department until 1972; and WHEREAS, Coppell Fire Department officially became a fully paid department in 1987; and WHEREAS, today the department has 93 funded positions made up of highly trained men and women who serve the community with great care and passion; and WHEREAS, the department’s primary focus is to protect lives and property and prides itself on maintaining a safe community through exceptional public services. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim May 15, 2008 as "COPPELL FIRE DEPARTMENT DAY" IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of May 2008. _____________________________ Douglas N. Stover, Mayor ATTEST: _____________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: May 22, 2008 ITEM #: 13 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 13, 2008 14/A ✔ PROCEDURAL Consider approval of minutes: April 22, 2008. Minutes of the City Council meeting held on April 22, 2008. Staff recommends approval. %minutes cm042208 Page 1 of 10 MINUTES OF APRIL 22, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 22, 2008 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 Mayor Pro Tem Brianna Hinojosa-Flores Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. 2. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. cm042208 Page 2 of 10 1. Purchase of real property west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:43 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:06 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discuss Waste Management Contract. B. Discuss Employee Medical Benefits. C. Discuss Town Center Plaza Time Capsule. D. Discuss Board & Commission Schedule. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Franklin led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Presentation recognizing Boy Scouts that have completed Eagle Projects with the Coppell Parks and Recreation Department. cm042208 Page 3 of 10 Presentation: Amanda Vanhoozier, Community Programs Supervisor, introduced Jonathan Berry and Jason Orr and Mayor Stover presented a certificate to each. 8. Presentation to Duke Realty for winning the Best Industrial Deal of the Year for Point West at the Dallas Business Journal Best Real Estate Deals of the Year Award Banquet on February 28, 2008. Presentation: Jim Witt, City Manager, introduced Jeff Turner who introduced Jeff Thorton and Randy Wood. Mayor Stover presented a certificate for the Corporate Coup of the Year. 9. Consider approval of a proclamation honoring Kathie Gautille for her years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Kathie Gautille. Action: Councilmember Peters moved to approve a proclamation honoring Kathie Gautille for her years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 10. Consider approval of a proclamation naming Wednesday, April 23 National Secretary/Office Professionals Day, and authorizing the Mayor to sign. cm042208 Page 4 of 10 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Allana Lamberth. Action: Mayor Pro Tem Hinojosa-Flores moved to approve a proclamation naming Wednesday, April 23 National Secretary/Office Professionals Day, and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 11. Consider approval of a proclamation naming the week of May 4 through May 10, 2008 Municipal Clerks Week, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Libby Ball. Action: Councilmember Tunnell moved to approve a proclamation naming the week of May 4 through May 10, 2008 Municipal Clerks Week, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 12. Presentation and update on activities of the Coppell Youth Advisory Council. Presentation: Brad Reid, Director of Parks and Recreation introduced Lauren Lake, Zach Flores and Brian Nicholas, Recreation Center Supervisor, who spoke about the activities of Youth Advisory Council. cm042208 Page 5 of 10 13. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 14. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 8, 2008. B. Consider approval of signing an Interlocal Purchasing Agreement between the City of Coppell and the City of Weatherford, and authorizing the Mayor to sign C. Consider approval of an Ordinance abandoning a sanitary sewer easement as described in Exhibit "A" and Exhibit "B" within the Alexander Tract (proposed Alexander Court Subdivision) at the northwest corner of Denton Tap Road and Bethel Road; and authorizing the Mayor to sign. D. Consider approval of The William T. Cozby Public Library Advisory Board Amended By-Laws as approved by Library Advisory Board on March 13, 2008. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 2008-1194, and D. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. cm042208 Page 6 of 10 15. PUBLIC HEARING: Consider approval of Case No. PD-215R-LI, Victron Energy, a zoning change request from PD-215-LI (Planned Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as revised, to allow red & yellow striping and internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight- foot tower extension located along I.H. 635 on 2.34 acres of property within the City of Coppell and the City of Irving, located south of I.H. 635, east of Royal Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Bennett Ratliff, representing the applicant, made a presentation to Council. Public Hearing: Mayor Stover advised the Public Hearing remained open from the April 8 City Council meeting, and asked for those persons wishing to speak. 1) Nick Vasquez, Construction Manager, stated Shell did not make the sign without the white background. 2) Alan Melville, 336 Beechwood, spoke in favor of the proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:30 p.m. Mayor Stover adjourned the Executive Session at 8:33 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) cm042208 Page 7 of 10 Action: Councilmember Tunnell moved to close the Public Hearing and approve the Shell logo sign with white background on two sides of the tower and red internally lit letters edged in yellow spelling SHELL on the canopy for Case No. PD-215R-LI, Victron Energy, a zoning change request from PD-215-LI (Planned Development-215- Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as revised, located along I.H. 635 on 2.34 acres of property within the City of Coppell and the City of Irving, located south of I.H. 635, east of Royal Lane. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 16. Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to recreational fees and garbage collection fees and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Franklin moved to approve Resolution No. 2008- 0422.1 amending Resolution No. 010996.3, as heretofore amended, with regard to recreational fees and garbage collection fees and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 17. City Manager's Report. Jim Witt, City Manager, announced the groundbreaking for Rolling Oaks Memorial Cemetery to be held May 7 at 5:00 pm at the corner of Ruby and Freeport. cm042208 Page 8 of 10 18. Mayor and Council Reports. A. Report by Mayor Stover regarding Election Day and Early Voting for the May 10 Election. B. Report by Mayor Stover regarding Relay for Life on April 26 & 27. C. Report by Mayor Stover regarding Regional Mayors Best Practices Conference. D. Report by Mayor Stover regarding Coppell High School government class visit. E. Report by Mayor Stover regarding Pinkerton Elementary School 3rd grade class visit. A. Mayor Stover reminded the public about Election Day for both City Council and School Board on May 10 at Town Center. Early Voting begins April 28-May 6 at Town Center. The hours are Monday-Saturday 8 am-5 pm, Sunday 1-6 pm, and 7am-7pm May 5-6. Libby Ball, City Secretary, reminded the public that they can early vote at any Dallas County location. Coppell residents living in Denton County will vote at Town Center. B. Mayor Stover announced Relay for Life will be held April 26- 27 at Wagon Wheel Park. Mayor Pro Tem Hinojosa-Flores will stand in for the Mayor at the Welcome Ceremonies. C. Mayor Stover spoke about the Regional Mayors Best Practices Conference and thanked the Mayor of Frisco for hosting the event. D. Mayor Stover attended the High School government classes and spoke about local government in Coppell and the right to vote. E. Mayor Stover reported on his visit to Pinkerton Elementary and thanked the teachers for allowing him to speak. 19. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa-Flores and Councilmember Franklin. cm042208 Page 9 of 10 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 CFBISD will be hosting a Health Fair May 8. LISD will be holding a bond election May 10. B. Councilmember Faught announced that the New Tech High School renovations will begin once school is out. School will begin as scheduled. The School Board also recognized Mr. Richard Lee for his years of service and reserved the right to name another school facility after him. C. Councilmember Faught informed the council that a candidate forum was held on April 14. Mayor Pro Tem Hinojosa-Flores spoke and Councilmembers Brancheau and Faught attended. The Coppell Seniors are looking forward to the groundbreaking of the new Senior Center. D. Councilmember Peters reported SH161 will be designated a toll road. She also attended the 3rd annual Texas Transportation Forum in Austin where transportation was discussed to be in a state of financial crisis. E. Councilmember Franklin said the Economic Development Committee met April 2 and discussed existing tax incentives and its impact on Coppell’s revenue base. Real Estate Developers were invited to participate in the discussion and stated Coppell is well-known for being business friendly. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Nothing to report. cm042208 Page 10 of 10 J. Councilmember Tunnell announced the Keyholder Breakfast raised more than $60,000. Farmers Branch Rotary is hosting a golf tournament at Riverchase Golf Course April 28. K. Nothing to report. L. Councilmember Franklin said the group met April 10. A presentation was made on the drowning in Mesquite. Five CERT teams, including Coppell, were brought in to assist. They also discussed the Super Bowl in Arlington. Three years is needed for planning with an expectation of 115,000 people in attendance. Federal and regional support will be needed. M. Nothing to report. N. Councilmember Faught reported the Senior Adult Services received $5,000 to help with transportation from Harold Simmons Foundation. They are predicting 131% growth between 2000-2009 in individuals 65 years or older in the Coppell area. 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. 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 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering May 13, 2008 14/B ✔ CONTRACT/BID or PROPOSAL Consider approval of an agreement with Oncor Electric Delivery to provide median lighting for the Bethel Road Project #ST 99-05 in the amount of $69,282.00; as provided for in CIP funds; and authorizing the City Manager to sign. Approval of the agreement with Oncor Electric Delivery will provide for the installation of 44 street light standards in the median of Bethel Road from west of Loch Lane to the west city limit. All foundations and conduits were included as part of the original project scope and will be installed by Tiseo Paving Company, the contractor for the project. Staff recommends approval of the agreement with Oncor Electric Delivery for street light installation on Bethel Road and will be available for any questions at the Council meeting. Funds are available in the 2002 Street CIP account for this agreement. Staff recommends approval of the agreement with Oncor Electric Delivery. #Bethel Rd Light Agmt 1 INCH = FT. 0 800 800 400 Proposed Street Lights Bethel Road City of Coppell Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\BETHEL LIGHTS Created on: 25 April 2008 by Scott Latta PROPOSED STREET LIGHT Onco rElectricDelivery Major Design Engineering Rick Fielding 14400 Josey Ln Farmers Branch Texas 75234 Phone 972 888 1344 Fax 972 888 1304 WR 2935884 Date 04 16 08 City of Coppell Keith Marvin 972 304 3681 255 Parkway Blvd Coppell Texas 75019 Services provided at Bethel Road from Coppell City Limits to Freeport Pkwy Coppell Texas Dallas County DESCRIPTION AMOUNT Install 44 square Standards with 88 250 watt hps Luminaires 6880 feet of street secondary transformer 2 risers 2 st It controllers Total Amount Due Upon Receipt 69 282 00 o Remit payment to the below address with attention to Rick Fielding o Project will be scheduled after signed agreement has been received o Price quoted is valid for sixty days 60 from date of this document o If you should have any questions please contact the Project Manager listed at the top 6NCQR f Please make all check s payable to Oncor Electric Delivery Remit to Attn Rick Fielding 14400 J9sey Ln EXHmIT A SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY AND THE CITY OF COPPELL DATED 06 09 93 This Supplement Supplement to the Agreement for Street Lighting Service dated 06 09 93 Agreement is made and entered into this 16th day of April 2008 by ONCOR Electric Delivery Company and The City ofCOPPELL Customer both hereinafter referred to as the Parties In consideration of the mutual promises and undertakings herein set forth the Parties hereby agree to amend the Agreement as follows 1 The following Request for Street Lighting Service is hereby added to the Agreement Request for Street Lighting Service dated 06 09 93 attached hereto 2 This Supplement shall become effective upon execution by the Parties 3 This Supplement is subject to the terms and conditions of the Agreement 4 If Customer has arranged for its designated agent or representative Customer s Agent to pay to Company the contribution in aid of construction CIAC referenced in the Agreement then Customer s Agent shall execute this Amendment for the sole purpose of establishing such agents agreement to pay such CIAC 5 Except as otherwise provided herein the Agreement shall continue in full force and effect in accordance with its terms IN WITNESS HEREOF the Parties have caused this Supplement to be executed in several counterparts each of which shall be deemed an original but all shall constitute one and the same instrument By ONCOR ELECTRIC DELIVERY COMPANY 1t pftoSe r MIJNA6 4 1 Otb THE CITY OF COPPELL By Title Title Date Date 88332 010002 DALLAS 49285vl B I Vl J ll Z Eo S l l Eo rJ Eo Vl o Eo Vl I O Q a I Q 0 0 I Q ll ll tJ t t CC C G I o I G G 0 G S t o tG oJ G I C G Q Q eI oJ G I I I 0 e o I 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lI CI rIl 1 CI ll rIl c In N N ll In II 0 g g CI llfr C Q l t c CI ll Z II CI z S Cl CI II lI CI rIl CI ll rIl c In N N r a II 0 g g CI CI ll f r C In 0 c llIIIIz S Cl CI II lI CI rIl t CI ll rIl c In N N In II 0 g gCIllfoh C N Q ii t c Cll llZQat z S Cl N co 6 ai 5 IcS t Q u Eo sc g U Q Q c MS lIi gl Mrn S5 jI 0S ell f u Sg s Q S f tcSi5M 0 c l 9 ScSSou U cEIc M e cs C I S C c u c Q c c l ai cl u CC1 Qc 6 c eIlSc o U ellS 5 g c 0 scc E U 0 rIl I s cSff 0 ell ac c S IUc il rnZ s1i S O G o rIl IJQ liiC 2 8 c r c s e r r l ui 1a Q B o f rnu O 1 U ole ole c a z u C II lI CI rIl 1 CI ll c Eo o rIl c In N QC QC In M N M WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering May 13, 2008 14/C ✔ CONTRACT/BID or PROPOSAL Consider approval of an amendment to the "Agreement of Exchange of Property" between the City of Coppell and Chadick Capital L.P. approved March 27, 2007; for the exchange of property to allow the construction of drainage improvements on the Bethel Road Project; and authorizing the City Manager to sign. Approval of this amendment to the agreement will allow the construction of the drainage improvements on the Bethel Road project to continue. Staff will be available to answer any questions at the council meeting. Staff recommends approval of the amended agreement between the City of Coppell and Chadick Capital L.P. #Revised Bethel Rd Drainage Agmt MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE: May 13, 2008 REF: Consider approval of an amendment to the “Agreement of Exchange of Property” between the City of Coppell and Chadick Capital L.P. approved March 27, 2007; for the exchange of property to allow the construction of drainage improvements on the Bethel Road Project; and authorizing the City Manager to sign. On March 27, 2007 Council approved an agreement to exchange property that the City of Coppell owned on the south side of Bethel Road for property that Mr. Chadick owned on the north side of Bethel Road that was needed for the construction of drainage improvements associated with the Bethel Road Phase 1 project. After the agreement was approved by City Council and after numerous meetings and phone calls with Mr. Chadick, it became obvious that the original agreement was not acceptable to Mr. Chadick. The reason for the holdup concerned mineral rights. Mr. Chadick had previously sold his mineral rights for the property he was trading to the City and wished to retain those mineral rights. He also requested that the City give him the mineral rights on the property we were exchanging for his property. Because he was retaining mineral rights, our attorney indicated it would not be a fair exchange if we also gave him the mineral rights from our property. There were several meetings and phone calls between my office, our attorney and Mr. Chadick concerning restructuring the agreement for the exchange of lands. Mr. Chadick now fully understands that the City will not convey its mineral rights on the property we are exchanging for portions of his property where he has already sold his rights. Therefore, we have revised the agreement to satisfy both parties. The original agreement had the City exchanging our Parcel One for Mr. Chadick’s Parcel Two and a portion of Parcel Three. Parcel Two is being obtained for the sole purpose of creating a drainage easement to contain channel improvements as required by the US Army Corps of Engineers. Parcel Three is right-of-way necessary on the corner for the widening of Coppell Road and Bethel Road. The revised exchange will again have the City exchanging Parcel One for Parcel Two, but instead of using Parcel Three, we will be using the drainage easement associated with Parcel Five. These are all shown on the attached exhibit. We are exchanging 16,537 square feet of Parcel One for 11,917 square feet of Parcel Two and 9,586 square feet of Parcel Five. In essence, we are exchanging 16,537 feet for a total of 21,503 feet. We will then purchase Parcels Three, Four and the right-of-way portion of Parcel Five for an approximate total of $28,736.00. The only change to the agreement previously approved by Council in March 2007 is clarification that the City is retaining the mineral rights, and Exhibit B-2. The original Exhibit B-2 was an exhibit showing Parcel Three, the revised Exhibit B-2 is an exhibit showing the drainage easement associated with Parcel Five. Staff recommends approval of the amendment to the “Agreement of Exchange of Property” between the City of Coppell and Chadick Capital, LP and will be available to answer any questions at the council meeting. AGREEMENT OF EXCHANGE OF PROPERTY THIS AGREEMENT OF EXCHANGE OF PROPERTY ("Agreement") is made by and between the City of Coppell, Texas ("City"), a Municipal Corporation under the laws of the State of Texas, and Chadick Capital L.P. ("Chadick"). I. Property Exchange 1.01 City to Chadick. City agrees to exchange and convey unto Chadick, and Chadick agrees to exchange and accept from City all of that certain tract of real property located in Dallas County, Texas, consisting of approximately sixteen thousand five hundred thirty-seven (16,537) square feet and being more particularly described in Exhibit “A,” which is attached hereto and incorporated herein for all purposes, save and except mineral rights, for the consideration and subject to the terms, covenants, conditions and provisions herein set forth. 1.02 Chadick to City. Chadick agrees to exchange and convey unto City, and City agrees to exchange and accept from Chadick all of that certain tract of real property located in Dallas County, Texas, consisting of approximately sixteen thousand five hundred thirty-seven (16,537) square feet and being more particularly described in Exhibits “B1" and "B2” which are attached hereto and incorporated herein for all purposes, save and except mineral rights, for the consideration and subject to the terms, covenants, conditions and provisions herein set forth. II. Consideration 2.01 Purchase Price. The purchase price and/or exchange to be paid for the sale, exchange and conveyance shall be as follows: (a) For the property described by metes and bounds in Exhibit "A," Chadick shall pay to the City the purchase/exchange price of ten dollars ($10.00); and as further consideration, Chadick shall convey unto City the property described in Exhibits “B1" and "B2”; and (b) For the property described by metes and bounds in Exhibits “B1" and "B2”, City shall pay to Chadick the purchase/exchange price of ten dollars ($10.00); and as further consideration, City shall convey unto Chadick the property described in Exhibit “A.” III. Inspection 3.01 Inspection Obligations. (a) Chadick and Chadick's Contractors shall: (i) not disturb the tenants, if any, of the Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause Page 1 10757 bodily harm to City, its agents, contractors, employees or tenants; (iv) maintain general liability (occurrence) insurance in terms and amounts satisfactory to City covering any accident arising in connection with the presence of the Chadick, its agents and representatives on the Property; (v) promptly pay when due the costs of all tests, investigations, and examinations done with regard to the Property; (vi) not permit any liens to attach to the Property by reason of the exercise of its rights hereunder; and, (vii) restore the surface of the Property to the condition in which the same was found before any permitted inspections or tests were undertaken. The obligations of Chadick created pursuant to this Agreement are called "Chadick's Inspection Obligations." Notwithstanding any provision of this Agreement to the contrary, no termination of this Agreement shall terminate the Chadick's Inspection Obligations, and the limitations of damages as set forth in this Agreement shall not apply to any cause of action arising out of a breach of the Chadick's Inspection Obligations. (b) City and City’s Contractors shall: (i) not disturb the tenants, if any, of the Property; (ii) not damage any part of the Property; (iii) nor injure or otherwise cause bodily harm to Chadick, its agents, contractors, employees or tenants; (iv) maintain general liability (occurrence) insurance in terms and amounts satisfactory to Chadick covering any accident arising in connection with the presence of the City, its agents and representatives on the Property; (v) promptly pay when due the costs of all tests, investigations, and examinations done with regard to the Property; (vi) not permit any liens to attach to the Property by reason of the exercise of its rights hereunder; and, (vii) restore the surface of the Property to the condition in which the same was found before any permitted inspections or tests were undertaken. The obligations of City created pursuant to this Agreement are called "City’s Inspection Obligations." Notwithstanding any provision of this Agreement to the contrary, no termination of this Agreement shall terminate the City’s Inspection Obligations, and the limitations of damages as set forth in this Agreement shall not apply to any cause of action arising out of a breach of the City’s Inspection Obligations. 3.02 Property Conveyed "AS IS". (a) CHADICK ACKNOWLEDGES AND AGREES THAT CITY IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN CITY'S WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS , VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY INCLUDING, WITHOUT LIMITATION: (A) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; AND (B) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. CHADICK AGREES THAT WITH RESPECT TO THE PROPERTY, Page 2 10757 CHADICK HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY STATEMENT, REPRESENTATION OR WARRANTY OF CITY OR ANY AGENT OF CITY. CHADICK REPRESENTS THAT IT IS A KNOWLEDGEABLE CHADICK OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF CHADICK'S CONTRACTORS, AND THAT CHADICK WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY CHADICK'S INSPECTIONS AND INVESTIGATIONS. CHADICK ACKNOWLEDGES AND AGREES THAT UPON CLOSING, CITY SHALL SELL AND CONVEY TO CHADICK AND CHADICK SHALL ACCEPT THE PROPERTY AS IS, WHERE IS, WITH ALL FAULTS, AND CHADICK FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY CITY, ANY AGENT OF CITY OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CLOSING AND NOT MERGE THEREIN AND SHALL BE INCORPORATED INTO THE SPECIAL WARRANTY DEED. CITY IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. (b) CITY ACKNOWLEDGES AND AGREES THAT CHADICK IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN CHADICK’S WARRANTY OF TITLE SET FORTH IN THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS , VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY INCLUDING, WITHOUT LIMITATION: (A) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; AND (B) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. CITY AGREES THAT WITH RESPECT TO THE PROPERTY, CITY HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY STATEMENT, REPRESENTATION OR WARRANTY OF CHADICK OR ANY AGENT OF CHADICK. CITY REPRESENTS THAT IT IS A KNOWLEDGEABLE CITY OF REAL ESTATE AND THAT IT IS Page 3 10757 RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF CITY’S CONTRACTORS, AND THAT CITY WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY CHADICK'S INSPECTIONS AND INVESTIGATIONS. CITY ACKNOWLEDGES AND AGREES THAT UPON CLOSING, CHADICK SHALL SELL AND CONVEY TO CITY AND CITY SHALL ACCEPT THE PROPERTY AS IS, WHERE IS, WITH ALL FAULTS, AND CITY FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY CHADICK, ANY AGENT OF CHADICK OR ANY THIRD PARTY. THE TERMS AND CONDITIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CLOSING AND NOT MERGE THEREIN AND SHALL BE INCORPORATED INTO THE SPECIAL WARRANTY DEED. CHADICK IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. 3.03 Environmental Studies. (a) As additional consideration for the transactions contemplated herein, Chadick agrees that it will provide to City immediately following the receipt of same by Chadick copies of any and all reports, tests or studies involving hazardous materials (hereafter defined) on, under or at the Property which reports, tests or studies shall be addressed to both the City and Chadick at no cost to City; provided, however, Chadick shall have no obligations to cause any such tests or studies to be performed on the Property. (b) As additional consideration for the transactions contemplated herein, City agrees that it will provide to Chadick immediately following the receipt of same by City copies of any and all reports, tests or studies involving hazardous materials (hereafter defined) on, under or at the Property which reports, tests or studies shall be addressed to both the Chadick and City at no cost to Chadick; provided, however, City shall have no obligations to cause any such tests or studies to be performed on the Property. 3.04 Release and Indemnity. (a) CHADICK RELEASES, INDEMNIFIES AND HOLDS CITY HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION AND EXPENSES (INCLUDING THOSE ASSERTED AGAINST OR INCURRED BY CITY) WHICH ARISE OUT OF OR RELATE TO THE PRESENCE, GENERATION, TREATMENT OR DISPOSITION OF HAZARDOUS MATERIALS ON, UNDER OR AT THE PROPERTY Page 4 10757 OR ANY PROPERTY NEAR THE PROPERTY. THIS SECTION SHALL SURVIVE CLOSING UNTIL FULLY PERFORMED. (b) CITY RELEASES, INDEMNIFIES AND HOLDS CHADICK HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION AND EXPENSES (INCLUDING THOSE ASSERTED AGAINST OR INCURRED BY CHADICK) WHICH ARISE OUT OF OR RELATE TO THE PRESENCE, GENERATION, TREATMENT OR DISPOSITION OF HAZARDOUS MATERIALS ON, UNDER OR AT THE PROPERTY OR ANY PROPERTY NEAR THE PROPERTY. THIS SECTION SHALL SURVIVE CLOSING UNTIL FULLY PERFORMED. IV. Survey 4.01 Chadick Survey. Within fifteen (15) days after the Effective Date, City shall deliver to Chadick the Existing Survey. City shall authorize the person or company (the "Surveyor(s)") who prepared the Existing Survey to cooperate with Chadick in making any changes or additions (collectively, "Survey Modifications") to the Existing Survey which Chadick reasonably requests; provided, however, (a) City shall not have any obligations to cause any Survey Modifications to be done, (b) Chadick shall pay costs of the Survey Modifications, and (c) the Survey Modifications shall not be conditions to Chadick's obligations pursuant to this Agreement. Additionally, Chadick may engage another surveyor to prepare the Chadick's Survey at Chadick's expense. 4.02 City Survey. Within fifteen (15) days after the Effective Date, Chadick shall deliver to City the Existing Survey. Chadick shall authorize the person or company (the "Surveyor(s)") who prepared the Existing Survey to cooperate with City in making any changes or additions (collectively, "Survey Modifications") to the Existing Survey which City reasonably requests; provided, however, (a) Chadick shall not have any obligations to cause any Survey Modifications to be done, (b) City shall pay costs of the Survey Modifications, and (c) the Survey Modifications shall not be conditions to City’s obligations pursuant to this Agreement. Additionally, City may engage another surveyor to prepare the City’s Survey at City's expense. V. Deed 5.01 Quitclaim Deed. (a) Within fifteen (15) days after the Effective Date, City shall deliver to Chadick a Quitclaim Deed to the property described in Exhibit “A.” (b) Within fifteen (15) days after the Effective Date, Chadick shall deliver to City a Quitclaim Deed to the property described in Exhibits “B1" and "B2”. Page 5 10757 VI. Remedies 6.01 City's Remedies. In the event Chadick fails to perform its obligations pursuant to this Agreement for any reason except failure by City to perform hereunder, City shall be entitled to terminate this Agreement. In the event of Chadick's default or a termination of this Agreement, and notwithstanding anything in this Section to the contrary, City shall have all remedies available at law or in equity in the event that Chadick or any party related to or affiliated with Chadick asserts any claims or right to the Property that would otherwise delay or prevent City from having clear, indefeasible and marketable title to the Properties. Nothing in this Section shall limit City's recovery arising out of a breach of Chadick's Inspection Obligations, Chadick's obligations pursuant to Section 7.04 or any obligations of Chadick arising subsequent to the Closing. 6.02 Chadick's Remedies. In the event City fails to perform its obligations pursuant to this Agreement for any reason except failure by Chadick to perform hereunder, Chadick shall be entitled to terminate this Agreement. In the event of City’s default or a termination of this Agreement, and notwithstanding anything in this Section to the contrary, Chadick shall have all remedies available at law or in equity in the event that City or any party related to or affiliated with City asserts any claims or right to the Property that would otherwise delay or prevent Chadick from having clear, indefeasible and marketable title to the Properties. Nothing in this Section shall limit Chadick’s recovery arising out of a breach of City’s Inspection Obligations, City’s obligations pursuant to Section 7.04 or any obligations of City arising subsequent to the Closing. 6.03 Attorney's Fees. In the event any litigation arises out of this Agreement between the parties hereto, the non-prevailing party shall pay the prevailing party all reasonable attorneys' fees and expenses expended or incurred in connection with such litigation. VII. Miscellaneous 7.01 Entire Agreement. This Agreement contains the entire agreement of the parties hereto. There are no other agreements, oral or written, and this Agreement can be amended only by written agreement signed by the parties hereto, and by reference made a part hereof. 7.02 Binding Agreement; Assignment. This Agreement, and the terms, covenants, and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of each of the parties hereto. Chadick may not assign its rights under this Agreement without City's prior written consent, which consent may be withheld in City's sole discretion. 7.03 Effective Date. The Effective Date of this Agreement shall be the date on which this Agreement is fully executed by both City and Chadick. 7.04 Notice. Any notice required or permitted to be delivered hereunder may be given by personal delivery to the party entitled thereto, by facsimile transmission with electronic Page 6 10757 confirmation, or by any courier service which guarantees overnight, receipted delivery, addressed to City or Chadick, as the case may be, at the address set forth below or at such other address for a party as such party may specify in writing to the other party from time to time in accordance with the further provisions of this Section. Any notice given to the proper address will be deemed to have been received on the earlier of (i) actual receipt, or (ii) the first business day following deposit with an overnight courier service which guarantees receipted delivery. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows: City: City of Coppell ATTN: Jim Witt, City Manager 255 Parkway Boulevard P. O. Box 9478 Coppell, Texas 75019 with copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Facsimile: 214-965-0010 Chadick: Chadick Capital L.P. % Chadick Capital Management 3201 Lovers Lane Dallas, TX 75225-7627 The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days written notice to the other party. 7.05 Time. Time is of the essence in all things pertaining to the performance of this Agreement. 7.06 Place of Performance. This Agreement is made and shall be performable in Dallas County, Texas, and shall be construed in accordance with the laws of Texas. 7.07 Section Headings. The section headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several sections hereof. Page 7 10757 7.08 Authority of City and Chadick. City represents, warrants and covenants to and with Chadick that City has full right, power and authority to enter into this Agreement and, at Closing, will have full right, power and authority to consummate the conveyance provided for herein. Chadick represents, warrants and covenants to and with City that Chadick has full right, power and authority to enter into this Agreement and, at Closing, will have full right, power and authority to consummate the conveyance provided for herein. EXECUTED on this ____ day of __________________, 2008. CITY: CITY OF COPPELL, TEXAS By: Jim Witt, City Manager EXECUTED on this ____ day of __________________, 2008. CHADICK: CHADICK CAPITAL L.P. By: Steven Chadick Page 8 10757 STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the ________ day of _______________, 2008, by Steven Chadick, on behalf of Chadick Capital L.P., a limited partnership, on behalf of said entities. _________________________________________ NOTARY PUBLIC, State of Texas My Commission Expires ______________________________ Page 9 10757 STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of _______________, 2008, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. _________________________________________ NOTARY PUBLIC, State of Texas My Commission Expires ______________________________ Page 10 10757 Page 1 of3 EXHIBIT B 1 DRAINAGE EASEMENT CHADICK CAPITAL LP Being 0274 acre tract of land more or less situated in County of Dallas State of Texas and being out of the John Vest Survey Abstract No 1508 and being a portion of that certain called 86 acre tract of land conveyed by GEORGE A CHADICK and WIFE HALLIE R CHADICK to CHADICK CAPITAL LP by deed recorded in Volume 99114 Page 08104 of the Deed Records of Dallas County Texas D R D C T which 0 274 acre tract ofland more or less is more particularly described as follows COMMENCING at a 12 inch pipe found for the Northeast corner of said 86 acre tract and the Northwest corner of a tract conveyed to CHADICK CAPn AL LP by deed recorded in Volume 99114 Page 08133 D R D C T said 12 inch pipe being in the South line ofa tract of land conveyed to MICHAEL S CHASE AND GRACIELA P CHASE HUSBAND AND WIFE by deed recorded in Volume 95243 Page 02071 D R D C T THENCE North 89053 03 West along the common North line of said 86 acre tract and the South line of said MICHAEL S CHASE AND GRACIELA P CHASE HUSBAND AND WIFE tract a distance of 82 80 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the Northeast corner of herein described Drainage Easement and being the POINT OF BEGINNING THENCE South 110 13 05 West departing said common line and across said 86 acre tract a distance of9 62 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for an angle point on the East line of herein described Drainage Easement THENCE South 000 13 09 West continuing across said 86 acre tract a distance of 189 06 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the Southeast corner of herein described Drainage Easement in the South line of said called 86 acre tract and the North right of way line of Bethel Road a variable width right of way from which the reconstructed Southeast corner of said 86 acre tract bears South 890 53 03 East a distance of 145 00 feet THENCE North 890 53 03 West along the common South line of said 86 acre tract and the said North right of way line of Bethel Road a distance of 60 00 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the Southwest corner of herein described Drainage Easement and the reconstructed Southwest corner of said 86 acre tract Page 2 of3 THENCE North 00013 09 East departing said common line and along the West line of said 86 acre tract at 1 97 feet passing a inch iron pipe and in all a distance of 194 94 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for an angle point on the West line of herein described Drainage Easement and a reconstructed comer of said d 86 acre tract and being in the East line of a tract of land known as Tract II conveyed to Srena Melton Petitt by deed recorded in Volume 98069 Page 01628 D lt D C T THENCE North 110 13 05 East along the common line of said 86 acre tract and said Tract II 3 62 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the Northwest comer of herein described Drainage Easement and the reconstructed Northwest comer of said 86 acre tract the most southerly Southwest comer of said MICHAEL S CHASE AND GAACIELA P CHASE tract and being in the East line of said Tract II THENCE South 890 53 03 East departing said common line and along common said North line of said 86 acre tract and the South line of said MICHAEL S CHASE AND GAACIELA P CHASE tract a distance of 61 14 feet to the POINT OF BEGINNING and containing 11 917 square feet or 0274 acre ofland NOTE Plat to accompany legal description SRENA MELTON PETITT VOL 98069 PG 01628 TRKT I D R D C T f SRENA MELTON PETITT VOL 98069 PG 01628 TRKT II D R D C T BILLY J HARWELL VOL 67004 PG 0562 RESIDUE OF SECOND TRKT D R D C T 1 BILLY J HARWELL VOL 67004 PG 0562 FIRST TRACT D R D C T EXISTING R O W JOHN VEST SURVEY A1508 MICHAEL S CHASE AND GRKIELA P CHASE HUSBAND AND WIFE VOL 95243 PG 02071 D R D C T S 89 53 03 E P o C 61 14 N 8953 03 W 82 80 P D B CHADICK CAPITAL L P DRAINAGE EASEMENT 0 274 KRE 11 917 SQUARE FEET CHADICK CAPITAL L P VOL 994 PG 08104 D R D C T S 89 53 03 E 145 00 BEtRct ROAD V ARIABLEWIDTH ROW CITY OF COPPELL TEXAS VOL 2003094 PG 00797 TRACT V D R D C T JAMES A SIMMONS SURVEY A1296 NOTE LetoI fMscr OII to accarrxmt at NOTE BtJorlngs 80MJd 011 City of CoppeIl GxJt1Ilc Cortro NfIWork Stations I J 4 NAD 8J DoIum T State Plane C1rdlnate System Nort OrIttro Zone w all distances and oaordlnates adjusted la surface uslJ a sa1Ie factor of fD0I2 NOTE Tte SUf1If11OT tasrid abstracted subject property tterefore r of record ter recorded or unrecorded may rid be SflDwn tereon LEGEND Set lrOll rod w astlc cop starfled Transystems corporatlcd o Morker frvnd as rded RCC Reconstructed corner A CON 5 U L TAN T 5 DRAWN BY CHECKED BY SCALE JAJ JHP f 50 P D B PriTtof BeglnriJ P D C PriTt of CommencIJ D R D C T Deed Records Dallas County Texas P R D C T PlatRecords Dallas Caurty Texas 500 WEST SEVENTH ST SUITE 600 FORT WORTH TX 76102 87 339 8950 PAGE DATE JOB NUlABER 3 OF 3 JUNE 2004 20000890 CHADICK CAPITAL L P VOL 994 PG 0811 D R D C T rx k IC b V CHADICK CAPITAL LP VOL 994 PG 08133 D R D C T RCC APPROX SYRlEY UNE EXISTING R O W I I CHADICK CAPITAL L P VOL 99114 PG 08117 D R D C T Scale Feet 25 50 75o DRAINAGE EASEMENT CHADICK CAPI TAL L P 0 274 ACRE Page 1 of3 EXHIBIT B 2 DRAINAGE EASEMENT CHADICK CAPITAL LP Being 0 220 acre tract of land more or less situated in County of Dallas State of Texas and being out of the John Vest Survey Abstract No 1508 and being a portion of that certain called 0 585 acre tract of land conveyed by GEORGE A CHADICK and WIFE HALLIE R CHADICK to CHADICK CAPITAL LP by deed recorded in Volume 99114 Page 08140 ofthe Deed Records of Dallas County Texas D R T C T which 0 220 acre tract ofland more or less is more particularly described as follows BEGINNING at a Y2 inch iron rod found for the most Northwest comer of said 0 585 acre tract and the Northeast comer of a tract ofland conveyed to MICHAEL S CHASE AND GRACIELA P CHASE by deed recorded in Volume 95243 Page 02071 D RT C T said Yz inch iron being in a South line of a tract ofland conveyed to RL Robertson L L C by deed recorded in Volume 98170 Page 05864 THENCE South 890 01 55 East along the common North line of said 0 585 acre tract and the South line of said RL Robertson LLC tract a distance of 10 99 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the most northerly Northeast comer of herein described Drainage Easement from which a Yz inch iron pipe found for the Northeast comer of said 0 585 acre tract the Southeast comer of said R L Robertson L L c tract and in the West right of way line of Coppell Road a called 60 foot right of way bears South 89001 55 East a distance of89 33 feet THENCE South 16042 23 East departing said common line and across said 0 585 acre tract a distance of 129 05 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for comer on the East line of herein described Drainage Easement THENCE South 720 10 22 East continuing across said 0585 acre tract a distance of 54 78 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the most southerly Northeast comer of herein described Drainage Easement on the common East line of said 0 585 acre tract and the said West right of way line of Coppell Road THENCE South 000 01 49 West along the common said East line of said 0 585 acre tract and the said West right of way line of Coppell Road a distance of 63 02 feet to 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the Southeast comer of herein described Drainage Easement on said common line from which the reconstructed Southeast comer of said 0 585 acre tract bears South 000 01 49 West a distance of 52 90 feet Page 2 of3 THENCE North 720 10 22 West departing said common line and across said 0 585 acre tract a distance of 105 12 feet to a 5 8 inch iron rod with plastic cap stamped Transystems Corporation set for the Southwest comer of herein described Drainage Easement on the common West line of said 0 585 acre tract and the said East line of said CHADICK CAPITAL LP tract from which a lIz inch iron rod found on said common line bears South 000 02 33 East a distance of83 60 feet THENCE North 000 02 33 West along said common line a distance of 171 39 feet to the POINT OF BEGINNING and containing 9 586 square feet or 0220 acre of land NOTE Plat to accompany legal description V 0 D9 04 R L ROBERTSON L LC VOL 98170 PG 05864 D R D C T P D B Y2 IR N ag44 03 W 92 27 JOHN VEST SURVEY A1508 S O ot 1l4 MICHAEL S CHASE AND GRICIELA P CHASE HUSBAND AND WIFE VOL 95243 PG 02071 D R D C T S agor 55 E 10 99 S agor 55 E a9 33 12 I PIPE loJlsI I Ifg b oe x @ o b l Icd I i Jit Ct J@ LjQQi QJIa I CHADICK CAPITAL L P VOL 994 PG 08140 D R D C T 12 IR RCC CHADICK CAPITAL L P VOL 994 PG 0811 D R D C T NOTE L8tIoIdtJscr lon to accotrrJOfII plat NOTE 8fIor1WS 80SfJd on CIIy of COfJIIIII GlJodtJIlc CorIrOl NtJIwort StatIons I J of NNJ BJ Datum Texas Stale Plom Coordlrrate SySf8m Nart CtirlrOl ZOfItJ w 011 dIstances and coordInates odJUSItKI to surface usIng 0 6Ct1Ie foetor of 1 00012 NOTE Tie surYfItO tIOS rrat oJstroded fiUbJoct proptJrly tferefore of record IwhtJtfer recorced or urrecorcedl IIIlly rrat lle slfMn fertlOfl LEGEND Set lron rod PIlI plastIc cop sto Tronsysfems Corporatlorf o Morter found as nded RCC ReccnstructetJ corner o I Scale Feet 25 50 P D B Prittof 8tJgInting P D C Prittof CtJmmtJncng D R D C T Deed Records Dallas Coudy Texas P R D C T Plat Records Dallas County Texas DRAINAGE EASEMENT T 7l3VIS PCRAnC NA CHADICK CAPI TAL L P CON 5 U L TAN T 5 500 WEST SEVENTH ST SUITE 600 FORT WORTH TX 76102 87 339 8950 0 220 ACRES DRAWN BY CHECKED BY SCALE PACE JAJ JHP r 50 3 OF 3 DA TE JOB NlJIlBER JUNE 2004 20000890 j I lI 0 75 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 13, 2008 14/D ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances by repealing Article 15-9, Property Maintenance Code, in its entirety and by adding a new Article 15-14 to provide the adoption of the International Property Maintenance Code, 2006 Edition, and the amendments thereto; and authorizing the Mayor to sign. When this ordinance was originally passed, it was given the Code reference of 15-9 which was already taken by the Thoroughfare Plan. This ordinance removes the Property Maintenance Code from Section 15-9 and places it at Section 15-14. Staff recommends approval. %Article15-14 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY REPEALING ARTICLE 15-9, PROPERTY MAINTENANCE CODE, IN ITS ENTIRETY AND BY ADDING A NEW ARTICLE 15-14 TO PROVIDE THE ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2006 EDITION, AND THE AMENDMENTS THERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE. WHEREAS, by clerical error, the adoption of the International Property Maintenance Code, 2006 Edition, was codified in Article 15-9 of the Code of Ordinances; and WHEREAS, Article 15-9 of the Code contained the adoption and provisions for the Thoroughfare Plan, which was removed from the Code in error by the placement of the Property Maintenance Code; and WHEREAS, the City Council has determined that the Code should be amended to correct the error described herein by removing Article 15-9, Property Maintenance Code, and by adding Article 15-14 to provide for the adoption of the Property Maintenance Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Article 15-9, "Property Maintenance Code", of the Code of Ordinances be, and the same is, hereby repealed in its entirety and reserved for future use, which shall read as follows: “ARTICLE 15-9. RESERVED FOR FUTURE USE” SECTION 2. That Chapter 15 of the Code of Ordinances be and the same is hereby amended by adding Article 15-14, Property Maintenance Code, which shall read as follows: Page 1 TM 27605.2.000 “ARTICLE 15-14. PROPERTY MAINTENANCE CODE Sec. 15-14-1. Property Maintenance Code - Adopted. There is hereby adopted the International Property Maintenance Code, 2006 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15.14.2. Amendments. The following sections of the International Property Maintenance Code, 2006 Edition, are hereby amended to read as follows: 1. Amend Section 102.3, to read as follows: 102.3 Application of other codes. Remove references to the International Zoning Code. Add reference to the Coppell Neighborhood Integrity Code, Ordinance #94655.” SECTION 3. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. Page 2 TM 27605.2.000 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2008 APPROVED: ____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 05/07/08) Page 3 TM 27605.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary May 13, 2008 14/E ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances by readopting and recodifying Article 15-9 providing for the adoption of the Coppell Thoroughfare Plan; and authorizing the Mayor to sign. Article 15-9, Thoroughfare Plan was erroneously removed from the code when the Property Maintenance Code was passed and given the code section of 15-9. An ordinance has been submitted to relocate the Property Maintenance Code to Article 15-14 and this ordinance will reinstate the Thoroughfare Plan to Article 15-9. Staff recommends approval. %Article15-9 AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY READOPTING AND RECODIFYING ARTICLE 15-9 PROVIDING FOR THE ADOPTION OF THE COPPELL THOROUGHFARE PLAN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE. WHEREAS, by clerical error, Article 15-9, Coppell Thoroughfare Plan, of the Code was removed and replaced with the adoption of the Property Maintenance Code, which should have been codified as Article 15-14; and WHEREAS, the City Council has determined that the Code should be amended to correct the error described herein by readopting and recodifying Article 15-9, Coppell Thoroughfare Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Article 15-9, "Coppell Thoroughfare Plan", of the Code of Ordinances be, and the same is, hereby readopted and recodified, which shall read as follows: “ARTICLE 15-9. COPPELL THOROUGHFARE PLAN Sec. 15-9-1. Coppell Thoroughfare Plan - Adopted. That certain Ordinance 90489 and attachments thereto, a copy of which is on file in the office of the city secretary, being marked and designated as “Coppell Thoroughfare Plan,” is hereby designated as a special code of the City of Coppell, Texas. Sec. 15-9-2. Maintained as a separate code. The Coppell Thoroughfare Plan Code of the City of Coppell adopted by Ordinance 90489 shall, because of its size, be maintained in the office of the city secretary as a separate “special code” apart from this General Code.” Page 1 TM 27606.2.000 SECTION 2. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2008. APPROVED: ____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 05/07/08) Page 2 TM 27606.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING May 13, 2008 14/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-209R-C, TownOaks Centre, zoning change from PD-209-C (Planned Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised-Commercial) to allow an increase in the allowable size of a proposed attached sign from 25.6 square feet to 51.9 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. On March 20, 2008, The Planning Commission recommended approval of this zoning change (4-2). Commissioners Haas, Fox, Sangerhausen, and Shipley voted in favor. Commissioners Shute and Kittrell opposed. On April 8, 2008, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-209R-C, TOC ORD, 1-AR(con) 1 TM 26992.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-209-C (PLANNED DEVELOPMENT-209-COMMERCIAL) TO PD-209R-C (PLANNED DEVELOPMENT-209 REVISED-COMMERCIAL) TO ALLOW AN INCREASE IN THE ALLOWABLE SIZE OF ONE ATTACHED SIGN FROM 25.6 SQUARE FEET TO 51.9 SQUARE FEET, FOR TUESDAY MORNING, ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, AND DETAIL OF ATTACHED SIGN HERETO AS EXHIBITS “B AND C”, 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-209R-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from 2 TM 26992.2.000 PD-209-C (Planned Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised-Commercial) to allow an increase in the allowable size of one attached sign from 25.6 square feet to 51.9 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions as set forth herein below; and the property depicted in Exhibit “A” shall be further developed in accordance with the Detail Site Plan and attached Sign Plan, attached hereto as Exhibits “B” and “C”, respectively, subject to the following special conditions: A) Except as amended herein, the property shall be developed in accordance with Planned Development Ordinance, Ordinance 91500- A-405, which is incorporated herein as set forth in full and hereby republished. B) The sign shall be removed within thirty (30) days of this lease space being vacated. C) All future signage shall be in compliance with the regulations of the Sign Ordinance except as amended herein. SECTION 3. That the Detail Site Plan and Detail of the Attached Sign, attached hereto as Exhibits “B” and “C”, respectively, and made a part hereof for all purposes, are hereby approved. 3 TM 26992.2.000 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 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. 4 TM 26992.2.000 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 ___________________, 2008. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 4/22/084/21/08) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING May 13, 2008 14/G ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change from R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition and authorizing the Mayor to sign. On August 30, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0). Commissioners Haas, Kittrell, Borchgardt, Fox, Reese and Frnka voted in favor, none opposed. On September 11, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-214R3-SF-9,AM II ORD,1-AR, (con) 1 TM 21418.2.000 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 R (RETAIL) TO PD-214R3- SF-9 (PLANNED DEVELOPMENT-214 REVISION 3-SINGLE FAMILY-9, WITH A DETAIL SITE PLAN, TO ALLOW THE DEVELOPMENT OF TWO SINGLE-FAMILY HOMES, ONE COMMON AREA AND STREET RIGHT-OF-WAY ON APPROXIMATELY 0.87 ACRES OF PROPERTY LOCATED NORTH OF THE WHISPERING HILLS ADDITION AND EAST OF THE GEORGIAN PLACE ADDITION, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL PLAN AND SIDE YARD FENCING DETAIL, ATTACHED HERETO AS EXHIBITS “B” AND “C”; PROVIDING FOR DEVELOPMENT REGULATIONS; 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- 214R3-SF-9 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision 3-Single Family-9), with a Detail Plan, 2 TM 21418.2.000 to allow the development of two single-family homes, one common area, and right-of-way on approximately 0.87 acres of property located North of the Whispering Hills Addition and east of the Georgian Place Addition and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-214R3-SF-9 (Planned Development-214 Revision 3-Single Family-9), is hereby approved subject to the following development regulations: A. General regulations 1. All development regulations shall be in accordance with the regulations set forth in the Code of Ordinances, Chapter 12, Coppell Zoning Ordinance, as amended, for the SF-9 Zoning District, except as amended herein. 2. A homeowners association shall be established and shall be responsible for the maintenance of all open space areas, as depicted in the attached Exhibits B and C. 3. All dwellings shall be street access or front-entry, and no alleys shall be required. 4. Park development fees of one thousand two hundred and eighty-five dollars ($1285) per residential unit, shall be required prior to the filing of the plat for the residential development of this property. B. Use Regulations - The permitted uses shall as follows: 1. The permitted uses shall be those uses permitted by the Coppell Zoning District “SF-9” – Single-Family 9 described in the Code of Ordinances, Article 12, Zoning, as amended. 3 TM 21418.2.000 C. Area Regulations : The following amended area regulations shall apply: 1. Minimum Front Yard - The minimum depth of the front yard shall be twenty-five (25) feet. 2. Minimum Rear Yard - The minimum depth of the rear yard shall be twenty (20) feet. 3. Minimum Side Yard - The minimum depth of the side yard shall be eight (8) feet and the minimum side yard for corner lot shall be fifteen (15) feet. In addition, each corner side yard shall be developed in conformity and as depicted on the attached “Side Yard Fencing Plan and Detail,” which is attached hereto as Exhibit C. 4. Maximum Lot Coverage - The maximum lot coverage shall not be greater than forty (40) percent of the gross lot area for one-story dwellings and thirty-five (35) percent of the gross lot area for two-story dwellings. 5. Minimum Lot Width - The minimum lot width measured at the proposed building line shall be seventy-five (75) feet. 6. Minimum Lot Depth - The minimum lot depth shall be one-hundred-ten (110) feet. 7. Minimum Lot Area - The minimum lot area shall be eight-thousand-two- hundred and fifty (8,250) square feet. 8. Maximum Building Height – The maximum building height shall be thirty-five feet (35’) measured at the mid-point between the eves and the dominate ridge of the hip or gabled roofs. D. Landscape and Screening Regulations 1. Tree removal permit will be required prior to any start of construction. 2. The residential side yard fencing shall be a 6-foot board-on-board wooden fence with a unified stain throughout, in accordance with the Code of Ordinances, Chapter 9, Article 9-2, as amended. 4 TM 21418.2.000 3. Shade trees shall be planted in accordance with Exhibit “C”, - Side Yard Fencing Plan and Detail. SECTION 3. That the property shall be developed and used in accordance with the SF-9 (Single Family -9) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations as indicated on the Detail Site Plan and Side Yard attached hereto as Exhibits “B” and “C”“; and such exhibits are made a part hereof for all purposes, 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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 7. 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. 5 TM 21418.2.000 SECTION 8. 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 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. 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 LEGAL DESCRIPTION BEING a tract of land located in the JAMES W. ANDERSON SURVEY, ABSTRACT NO. 18, City of Coppell, Dallas County, Texas and being a part of a tract of land described in Deed to General Telephone Company of the Southwest, recorded in Volume 82021, Page 1087, Deed Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1 inch iron rod found in the East line of said General Telephone Company tract recorded in Volume 82021, Page 1087 at the Northwest corner of a tract of land described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064, Page 4717 and the Southwest corner of a tract of land described in Deed to General Telephone Company of the Southwest, recorded in Volume 71011, Page 1961, Deed Records, Dallas County, Texas; THENCE South 00 degrees 26 minutes 54 seconds East, a distance of 300.84 feet to a point at the Southeast corner of said General Electric Telephone tract recorded in Volume 82021, Page 1087 and at the Northeast corner of Lot 9, Block C of WHISPERING HILLS, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 80016, Page 1736, Map Records, Dallas County, Texas; THENCE North 57 degrees 52 minutes 14 seconds West, a distance of 177.99 feet to a point at the Southwest corner of said General Electric Telephone tract recorded in Volume 82021, Page 1087 and at the most Southerly Northwest corner of Lot 8, Block C of REPLAT OF LOTS 1-8, BLOCK C WHISPERING HILLS, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 99097, Page 84, Map Records, Dallas County, Texas; THENCE North 00 degrees 26 minutes 50 seconds West, along the common line of said General Electric Telephone tract recorded in Volume 82021, Page 1087 and the West line of GEORGIAN PLACE, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 99119, Page 1, Map Records, Dallas County, Texas, a distance of 204.90 feet to a point for corner; THENCE North 89 degrees 30 minutes 47 seconds East, leaving said common line, a distance of 149.98 feet to the POINT OF BEGINNING and containing 37,926 square feet or 0.871 acres of land, more or less. EXHIBIT “A” X:\Projects LDD\05088\dwg\05088-02ZONINNG.dwg, DETAIL SITE PLAN, 8/7/2007 10:52:40 AM, rrogers, Dowdey, Anderson & Associates, Inc., RRREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC. 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 May 13, 2008 14/H ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change from PD-222-LI (Planned Development-222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road and authorizing the Mayor to sign. On March 20, 2008, The Planning Commission unanimously recommended approval of this zoning change (6-0). Commissioners Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor. None opposed. On April 8, 2008, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @PD-222R2-LI,DLAORDL2BA,1-AR(con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-222-LI (PLANNED DEVELOPMENT-222-LIGHT INDUSTRIAL) TO PD-222R2-LI (PLANNED DEVELOPMENT-222 REVISION 2-LIGHT INDUSTRIAL) TO AMEND THE PD CONDITIONS TO ALLOW FOR ATTACHED BUILDING SIGNAGE WHICH EXCEEDS THE SIZE AND NUMBER REQUIREMENTS OF THE ZONING ORDINANCE FOR HEMISPHERES, LOCATED ALONG THE NORTH SIDE OF DIVIDEND DRIVE, APPROXIMATELY 1,200 FEET WEST OF S. BELT LINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN/LOCATION MAP, PARTIAL SOUTH ELEVATION, PARTIAL WEST ELEVATION AND DIRECTIONAL SIGN ATTACHED HERETO AS EXHIBITS “B, C, D and E”, RESPECTIVELY; PROVIDING FOR DEVELOPMENT REGULATIONS; 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-222R2- LI 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 26994.2.000 and the same is hereby amended by granting a change in zoning from PD-222-LI (Planned Development-222-Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2- Light Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the Site Plan/Location Map, Partial South Elevation, Partial West Elevation and Directional Sign and the development standards as follows: (A) Except as amended herein and as provided in this Ordinance, the property shall be developed in accordance with Ordinance 91500-A-462, which is incorporated herein as set forth in full and hereby republished. (B) That a lettered sign shall be permitted on the west side elevation with channel letters stating “Hemispheres Customer Pick-up.” (C) “Customer Pick-up” and “Distribution” signs to be located internal to the building over the appropriate entrance doors shall be permitted. (D) That signage permitted herein shall otherwise be in conformance with local ordinances except as amended herein. SECTION 3. The property shall be developed and used in accordance with the LI (Light Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulation hereinbefore set forth and as provided on the Site Plan/Location Map, Partial South Elevation, Partial West Elevation and Directional Sign attached TM 26994.2.000 hereto as Exhibits “B, C, D and E”, respectively, and which are 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 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. TM 26994.2.000 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 ___________________, 2008. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised) (As Shown) N/A SITE PLAN N.T.S. “DISTRIBUTION” “HEMISPHERES CUSTOMER PICKUP” DIRECTIONAL “HEMISPHERES”Pg. 2 of 8Hemispheres Point West VII Coppell, TX Debbie Stellar G. Owens N/A 0706-009r13 Paula Saffle 2370 3-28-08 Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code (As Shown) PARTIAL SOUTH ELEVATION (LEFT END) SCALE: 3/32”= 1'-0"45’-0”NOTE: MUST SECURE MODIFICATION OF PLANNED DEVELOPMENT 700’-0” STOREFRONT CHANNEL LETTERS SCALE: 3/32”= 1'-0" 35’-3”8’-0”56”4’-0” 32 + 146.2 = 178.2 31’-4” 8’-0” x 4’-0” = 32 4’-8” x 31’-4” = 146.2 SEE DETAILS ON PG. 6 Pg. 3 of 8Hemispheres Point West VII Coppell, TX Debbie Stellar G. Owens N/A 0706-009r13 Paula Saffle 2370 3-28-08 Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code (As Shown)45’-0”PARTIAL WEST ELEVATION (RIGHT END) SCALE: 3/32”= 1'-0" 520’-6” STOREFRONT 8’-0” x 35’-3” = 2824”WINDOW VINYL SCALE: ¾”= 1'-0" 58” INSTALL INSIDE BEHIND GLASS CHANNEL LETTERS SCALE: 3/32”= 1'-0" 35’-3”8’-0”56”28’-1 ½”21”SEE DETAILS ON PG. 6 Pg. 4 of 8CUSTOMER ENTRANCE 1006”OPAQUE WHITE VINYL APPLIED 2ND SURFACE ON TRANSOM Hemispheres Point West VII Coppell, TX Debbie Stellar G. Owens N/A 0706-009r13 Paula Saffle 2370 3-28-08 (As Shown) PARTIAL WEST ELEVATION (LEFT END) SCALE: 3/32”= 1'-0"45’-0”1’-2” x 8’-0” = 9.3 SQ. FT. 520’-6” STOREFRONT Pg. 5 of 84”WINDOW VINYL SCALE: ¾”= 1'-0" 35 ½” DISTRIBUTION 1006”OPAQUE WHITE VINYL APPLIED 2ND SURFACE ON TRANSOM Hemispheres Point West VII Coppell, TX Debbie Stellar G. Owens N/A 0706-009r13 Paula Saffle 2370 3-28-08 (1) 20amp 120v circuit required Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code (As Shown) See Elevation Pgs. 5” .063 ALUM. RETURNS PREFINISHED WHITE 5” .063 ALUM. RETURNS PREFINISHED WHITE 1/8” #2114 BLUE ACRYLIC FACE 1/8” #7328 WHITE ACRYLIC FACE 2” BLACK JEWELITE TRIM 1” BLACK JEWELITE TRIM NON-CORROSIVE MOUNTING SCREW IN ANCHOR NON-CORROSIVE MOUNTING SCREW IN ANCHOR WEEP HOLES FOR DRAINAGE WEEP HOLES FOR DRAINAGE #3630-137 EUROPEAN BLUE VINYL OUTLINE APPLIED FIRST SURFACE BLUE LED LIGHTING (5/FT.) WHITE LED LIGHTING .063 ALUMINUM BACK .063 ALUMINUM BACK A A C C E E G G I I J H H F F D D B B “HEMISPHERES” LETTERLOK CHANNEL LETTERS “CUSTOMER PICK UP” LETTERLOK CHANNEL LETTERS LED POWER SUPPLY LED POWER SUPPLY PRIMARY WIRING PRIMARY WIRING WALL SECTION - “HEMISPHERES” N.T.S. A C D E F G H B I WALL SECTION - “CUSTOMER PICK UP” N.T.S. A C D E F G H B I J Pg. 6 of 8Hemispheres Point West VII Coppell, TX Debbie Stellar G. Owens N/A 0706-009r13 Paula Saffle 2370 3-28-08 (As Shown) 1’-6” x 2’-0” = 3 DOUBLE-FACE DIRECTIONAL SIGN - (1) REQUIRED SCALE : 1 ½”= 1'-0"3”24”18”2” SQ. TUBE ALUMINUM FRAME PTD. PMS 281 DK. BLUE .063 ALUMINUM FACES PTD. PMS 281 DK. BLUE w/#02 REFLECTIVE WHITE VINYL COPY (ATTACH TO SQ. TUBE FRAME w/LORDS ADHESIVE) A B DOUBLE-FACE DIRECTIONAL SIGN CUSTOMER PICK UP3”4 ¾”Pg. 7 of 8Hemispheres Point West VII Coppell, TX Debbie Stellar G. Owens N/A 0706-009r13 Paula Saffle 2370 3-28-08 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 May 13, 2008 15 ✔ PUBLIC HEARING Consider approval of Case No. PD-200R2-SF-12, Petterson Addition, zoning change request from PD-200R-SF-12 (Planned Development-200 Revised -Single Family-12) to PD-200R2-SF-12 (Planned Development-200 Revision 2-Single Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access requirement that states garage access must only be accessed off of the alley; revised landscape plan and construction of four single-family homes on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. The following P&Z condition remains outstanding: 1. A Tree Removal permit is required prior to start of construction. On April 17, 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated condition. Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @01 PD-200R2-SF-12, PA, 1-AR ITEM # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-200R2-SF-12, Petterson Addition P&Z HEARING DATE: April 17, 2008 C.C. HEARING DATE: May 13, 2008 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: The north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive SIZE OF AREA: 2.27 acres of property CURRENT ZONING: PD-200R-SF-12 (Planned Development-200 Revised-Single Family-12) REQUEST: A zoning change request to PD-200R2-SF-12 (Planned Development-200 Revision 2-Single Family-12), to allow: realignment of the mutual access/fire lane easement; an exception to the garage access requirement that states garage access must only be accessed off of the alley; and construction of four single-family homes. APPLICANT: Owner: Engineer: Nancy J Petterson Kellie Engineering 440 Leisure Lane Ed Kellie, P.E. Coppell, TX. 75019 200 Rufe Snow Dr., N. (214) 288-2295 Suite 120 Fax: (972) 853-9060 Keller, TX. 76248 (817) 379-1225 Fax: (817) 379-1244 ITEM # 4 Page 2 of 4 HISTORY: In September of 2006, City Council changed the zoning on this property from Duplex (2F-9) to Planned Development District Revised 200-SF-12, to allow the construction of four free-standing residential structures on this tract. TRANSPORTATION: Sandy Lake Road is currently a substandard, two-lane, asphalt road. It is scheduled to be a four-lane, divided concrete street, contained within a right-of-way of 100 feet and is currently under design with construction to begin next year. SURROUNDING LAND USE & ZONING: North- Summer Place housing (single-family homes on approximately 4,000 square foot lots); PD-148 South- Single family homes; SF-7 (Single-Family -7) East- Summer Place housing (single-family homes on approximately 4,000 square foot lots); PD-148 West- Estate single family housing; SF-12 (Single fam.-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, shows this property as suitable for low-density residential development. DISCUSSION: This is a straight forward case basically making minor modifications to the already approved four lot single-family subdivision. A request to eliminate the alley access condition on the approved PD, the addition of a continuous masonry screening fence along that alley, minor changes to the location of the fire lane/access easements, and a newly designed entrance screening wall and landscaping are requested. When this case was initially heard in 2006, there was some concern on the part of neighbors in Summer Place regarding the alley access. Although the community was divided, the general feeling expressed during the public hearing was that no alley access was preferred by the neighborhood. This request addresses that concern by eliminating that access and proposing a six foot masonry screening fence. If granted, no alley access should mollify any lingering concerns of Summer Place residents. ITEM # 4 Page 3 of 4 By modifying the location of the access/fire lane easement, more land is gained for landscaping on the western property line and, aesthetically, is more appealing. That relocation coupled with redesign of the three required parking spaces for each lot (in addition to two car garages) in front of each structure continues to adequately address the parking issue. Minor changes to entry wall design and modification to the landscaping plan play out the request. The owner of the property prefers to show lot lines that extend from the east property line to the west side for purposes of advertising large lots. We do not object to that provided an H.O.A. is responsible for maintenance of the open area west of the fire lane/access easement and the easement itself. The applicant has agreed to that condition. Based upon the minor modifications requested, and the fact that the density and use remain unchanged, we can support this proposal. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with the following conditions: 1) A Tree Removal permit is required prior to start of construction. 2) Add note on Site Plan: “Existing Conditions Modified by Underlining, Cross-Outs, or Added” 3) Eliminate “by the county” in condition 2. 4) Change “by” to “on” in first line of condition 4. 5) Add “R” to Lot 1X in condition 5. 6) Remove prior Lemming Landscaping Plan from Sheet PL- 01; correct spelling of “Approved”. 7) Remove Sheets IR-01 and IR-02 from submittal. 8) Remove “Private Drive” from Sheet TR-02 and replace with “24 foot Fire Lane and Access Easement”. ALTERNATIVES: 1) Recommend approval of the request 2) 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date ITEM # 4 Page 4 of 4 ATTACHMENTS: 1) Site Plan 2) Planting, Tree, and Construction Plans (5 Sheets) 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 May 13, 2008 16 ✔ PRESENTATION Consider approval the Petterson Addition, Lots 1R-4R, & 1XR, Block A, Replat, to establish four single-family residential lots, one common area, easements, and a fire lane on 2.27 acres of property, located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. There are no outstanding P&Z conditions. On April 17, 2008, the Planning Commission unanimously recommended approval of this replat (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @02 PA, Lts 1R-4R & 1XR, BA, RP, 1-AR ITEM # 5 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Petterson Addition, Lots 1R-4R & 1XR, Block A Replat P&Z HEARING DATE: April 17, 2008 C.C. HEARING DATE: May 13, 2008 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: The north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive SIZE OF AREA: 2.27 acres of property CURRENT ZONING: PD-200R-SF-12 (Planned Development-200 Revised- Single Family-12) REQUEST: A replat to establish four single-family residential lots, one common area, easements, and a fire lane. APPLICANT: Engineer: Kellie Engineering, Inc. Edward Kellie, P.E. 200 Rufe Snow Drive, North Suite 120 Keller, TX. 76248 (817) 379-1225 Fax: (817) 379-1244 HISTORY: In September of 2006, City Council changed the zoning on this property from Duplex (2F-9) to Planned Development District Revised 200-SF-12, to allow the construction of four free-standing residential structures on this tract. TRANSPORTATION: Sandy Lake Road is currently a substandard, two-lane, asphalt road. It is scheduled to be a four-lane, divided ITEM # 5 Page 2 of 2 concrete street, contained within a 100 foot right-of-way, and is currently under design with construction to begin next year. SURROUNDING LAND USE & ZONING: North- Summer Place housing (single family homes on approximately 4,000 square foot lots); PD-148 South- Single family homes; SF-7 (Single Family-7) East – Summer Place housing (single family homes on approximately 4,000 square foot lots); PD-148 West- Estate single family housing; SF-12 (Single fam.-12) COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this property as suitable for low-density residential development. DISCUSSION: This replat is necessary to reflect changes made in an amendment to the Planned Development zoning currently on this property. In essence, the replat relocates a 24 foot fire lane/access easement PD revision that runs along four single-family lots. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this replat, as it conforms to the amended Planned Development zoning request on this property heard as an earlier case. Conditions of approval: 1) Under “NOTES”, add “R” to “Lot 1X” in note 6. 2) Correct signature block for Verizon, (eliminate Telephone), change TXU to Oncor, add AT&T Broadband ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Replat Document 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 May 13, 2008 17 ✔ RESOLUTION Consider approval of a resolution authorizing the filing of a project funding application with the North Central Texas Council of Governments for a regional solid waste management local project, and authorizing the Mayor to sign. Background: NCTCOG is seeking applications for local government solid waste management project funding. The goal of this reimbursement program is to return to local government entities dedicated solid waste fees for the achievement of state, regional and local solid waste management objectives. This is the same type of fund that were received FY 06-07 for the city of Coppell Recycling at the Ball fields and the Recycling Trailer for promotion at events. If awarded, the project funds will be used for the marketing of residential recycling to increase participation at the curb side. The Parks and Recreation Community Programs Supervisor will administer the project. No City funding is required. ^COG Funds- 1AR Page 1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ RESOLUTION OF CITY OF COPPELL AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO ACT ON BEHALF OF THE CITY OF COPPELL IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF COPPELL WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation the COG’s adopted regional solid waste management plan; and WHEREAS, the city of Coppell in the State of Texas is qualified to apply for project funds under the Request for Projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL, OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governments’ Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the city of Coppell in all matters related to the project application and any subsequent project contract and project requirements that may result. SECTION 2. In the event the project is funded and such funds are received, the city of Coppell will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. Page 2 45271 (Revised) SECTION 3. Any and all funds, equipment and/or facilities acquired with such funds shall be used only for the purposes for which they are intended under the project. SECTION 4. That all activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution 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 Resolution as a whole. SECTION 6. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2008. APPROVED: _________________________________________ DOUGLAS N. STOVER ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 5/5/08) AGENDA REQUEST FORM DATE: May 13, 2008 ITEM #: 18 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors Meeting. B. Report by Mayor Stover regarding the Education Foundation Recognition Dinner.. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: May 13, 2008 ITEM #: 19 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: May 13, 2008 ITEM #: 20 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: April 22, 2008 Department Submissions: Item No. 12 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. 17 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. 14/B and 14/C 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. 14/F, 14/G, 14/H, 15 and 16 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)