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CP 2008-06-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 10, 2008 DOUG STOVER, MARVIN FRANKLIN, Place 6 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, 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, June 10, 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. ag061008 Page 1 of 5 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. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of Real Property North of Sandy Lake and West of Denton Tap. 2. Purchase of Real Property West of Denton Tap and 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. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review of proposed logo identity for Rolling Oaks Memorial Center. B. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. ag061008 Page 2 of 5 ITEM # ITEM DESCRIPTION 6. Pledge of Allegiance. 7. Citizens' Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 22, 2008 & May 27, 2008. B. Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Article 15-9, Coppell Thoroughfare Plan, by deleting the proposed C4D extension of Parkway Boulevard between Coppell Road and SH121, the proposed C2U extension north of proposed Freeport Parkway and parallel to SH 121, and the extension of Royal Lane from Sandy Lake Road to SH 121, as depicted on Exhibit "A" which is attached hereto and incorporated herein; providing a repealing clause; providing a severability clause; providing a savings clause; providing an effective date; and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. PD-200R2-SF-12, Petterson Addition, zoning change 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 and authoring the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-215R-LI, Victron Energy, a zoning change from PD-215-LI (Planned Development- 215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as revised, to allow red and yellow internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension on 1.68 acres of property, located south of I.H. 635, east of Royal Lane and authorizing the Mayor to sign. END OF CONSENT ag061008 Page 3 of 5 ITEM # ITEM DESCRIPTION 9. PUBLIC HEARING: Consider approval of Case No. S-1246-TC, DeVine Cellars, zoning change request from TC (Town Center) to S-1246-TC (Special Use Permit-1246-Town Center), to allow the operation of a 2,100-square-foot retail/convenience store and restaurant located in the Town Center Addition, Lot 3, Block 1, 230 Denton Tap Road, Suite 104. 10. PUBLIC HEARING: Consider approval of Case No. PD-221R5-HC, Duke Lesley Addition, zoning change request from PD-221-R3-HC (Planned Development-221 Revision 3-Highway Commercial) to PD-221R5-HC (Planned Development-221 Revision 5- Highway Commercial) to attach a detail site plan to allow a 5,000-square-foot convenience store with ten gas pumps located along the west side of S. Belt Line Road, approximately 636 feet north of IH 635. 11. PUBLIC HEARING: Consider approval of an application by Chesapeake Energy to allow drilling and production from seven additional horizontal wells on property located north of Bethel Road, west of the proposed extension of Creekview Drive, on the Fellowship Church Property. 12. Consider approval of awarding Bid #RFP 0091 - Ambulance Debt Collections and Paramedic Software to Alexander Billing & Consulting Inc. in the amount of $84,780 for a three-year period; and authorizing the City Manager to sign. 13. Consider approval of awarding Bid No. Q-0508-01 to Sports Field Solutions, LLC., in the amount of $391,741.20, for field surface development at Wagon Wheel Park; and authorizing the City Manager and CRDC President to sign. 14. Consider approval of an Agreement to rent a parcel of property from the Wilson family at the Southeast Corner of Coppell and Bethel Roads for the relocation of the Kirkland House; and authorizing the City Manager to sign. 15. Consider approval of an Agreement of Cooperation in support for the efforts of Dallas County, Texas, to qualify for the Urban CDBG Program, and authorizing the Mayor to sign. 16. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. ag061008 Page 4 of 5 ITEM # ITEM DESCRIPTION 17. Necessary action resulting from Work Session. 18. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 6th day of June, 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). ag061008 Page 5 of 5 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: June 10, 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. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Purchase of Real Property North of Sandy Lake and West of Denton Tap. 2. Purchase of Real Property West of Denton Tap and 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. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: June 10, 2008 ITEM #: WS-3 WORK SESSION A. Review of proposed logo identity for Rolling Oaks Memorial Center. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn MEMORANDUM TO: Mayor and City Council FROM: Sharon Logan, Community Information Officer DATE: June 2, 2008 REF: Rolling Oaks Memorial Center Logo Identity Attached, you will find the suggested logo identity for Rolling Oaks Memorial Center. The identity brought forward stands alone as its own piece, but incorporates aspects from the city logo such as the Oak leaves. Color will be added, but at this time, we ask that you focus only on the drawing. This identity was created by local resident, Gary Klingemann of Klingemann Design. Gary was chosen to create this important branding tool because of his development of the City identity, our current logo. /sl AGENDA REQUEST FORM DATE: June 10, 2008 ITEM #: 7 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 June 10, 2008 8/A ✔ PROCEDURAL Consider approval of minutes: May 22, 2008 May 27, 2008. Minutes of the City Council meetings held on May 22 & 27, 2008. Staff recommends approval. %minutes cm052208 Page 1 of 2 MINUTES OF MAY 22, 2008 The City Council of the City of Coppell met in Budget Work Session on Thursday, May 22, 2008 at 6:00 p.m. in the 2nd Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Councilmember Brianna Hinojosa-Flores was absent. Also present was Deputy City Manager Clay Phillips. BUDGET WORKSHOP (Open to the Public) 1. Presentation by Service Organizations: A. 6:15 p.m. – Coppell Historical Society – Barbara Lee B. 6:30 p.m. – Christian Community Action – Nancy Kairo C. 6:45 p.m. – Children’s Advocacy Center – Dan Leal D. 7:00 p.m. – The Family Place – Paige Flink E. 7:15 p.m. – Senior Adult Services – Mary Joiner F. 7:30 p.m. – Metrocrest Social Services – Bunny Summerlin G. 7:45 p.m. – Special Care & Career – Cathy Packard H. 8:00 p.m. – Metrocrest Family Medical Clinic – Jane Wood Hawkins I. 8:15 p.m. – Ballet Ensemble of Texas – Lisa Slagle Nicholson J. 8:30 p.m. – Chamber of Commerce – Beverly Widner & Bill Holtz K. 8:45 p.m. – Copperheads – Carl Rehling 2. Mayor and Council Budget. EXECUTIVE SESSION (Closed to the Public) cm052208 Page 2 of 2 3. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of real property west of Denton Tap/south of Bethel Road and north of Sandy Lake Road/east of Denton Tap. B. 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. Mayor Stover convened into Executive Session at 9:42 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:07 p.m. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary MINUTES OF MAY 27, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 27, 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 Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Also present were City Manager Jim Witt, Deputy City Secretary Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. Mira Mar vs. City of Coppell. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. cm052708 Page 1 of 6 1. Purchase of real property west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of Sandy Lake Road/East of Denton Tap. Mayor Stover convened into Executive Session at 6:12 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:22 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Council Retreat and Overview. B. TMRS Update. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Wayne McDonald from Metrocrest Community Church led those present in the Invocation. 6. Pledge of Allegiance. Zach Starweather, representing Cub Scout Pack #849, led those present in the Pledge of Allegiance. 7. Recognition of Service Academy appointments. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Jason Stiles. cm052708 Page 2 of 6 Action: Councilmember Peters moved to approve a proclamation honoring Jason Stiles for his appointment to the Service Academy, and authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor off the motion. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Courtney Vandament. Cpt. Joe Gautille, representing the Naval Academy, spoke to Council. Action: Councilmember Peters moved to approve a proclamation honoring Courtney Vandament for his appointment to the Service Academy, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor off the motion. 8. Report by Park Board. Mike Ridgley made a presentation to Council on the Park Board’s activities. 9. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 13, 2008. B. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the North Hills Preparatory School cm052708 Page 3 of 6 in the amount of $25,000 for technology, and authorizing the City Manager to sign. Action: Councilmember Hinojosa-Flores moved to approve Consent Agenda Items A and B. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 11. Mayor and Council Reports. A. Report by Councilmember Tunnell regarding National League of Cities – Community & Economic Development Steering Committee meeting report. B. Report by Councilmember Faught regarding Ride of Silence. A. Councilmember Tunnell attended the National League of Cities conference in Overland Park, Kansas and reported on the Community & Economic Development Steering Committee. B. Councilmember Faught attended the Ride of Silence last Wedensday, honoring individuals who lost their lives while riding bicycles. The ride in Coppell honored Greg Dean who lost his life at SH 121 and Freeport Parkway. 12. 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 – Councilmember Hinojosa-Flores and Mayor Pro Tem Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. cm052708 Page 4 of 6 H. Metrocrest Medical Foundation – Councilmember Tunnell. I. Metrocrest Medical Services – Councilmember Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Mayor Pro Tem Franklin. M. North Texas Commission – Vacant. N. Senior Adult Services – Councilmember Faught. A. Councilmember Tunnell announced Riverchase Elementary held its 6th Annual Fun Run benefiting the American Cancer Society and Relay for Life. LISD passed its Bond Election on May 10th. B. Councilmember Faught said CISD received several complaints on the new report card at Cottonwood Creek Elementary. The School Board approved the graduation criteria for the New Tech High School and appointed Cindy Warner as President, Bennett Ratliff as Vice President and Susan Kemp as Secretary. C. Councilmember Brancheau reported to Council that the new Senior Center/Grapevine Springs Community Center Groundbreaking was held on May 15, a potluck dinner was scheduled for May 28 and in June the Seniors will be visiting Lone Star Park and the Texas State Railroad. D. Councilmember Peters informed Council that the mobility groups were making the annual pilgrimage to the State of the Region in Austin. In addition, the Rail North Texas Initiative will be pushing their agenda this next legislative session. E. Councilmember Franklin said the Economic Development Committee met May 7 and decided they will not change the existing incentive policies, but will remain flexible on a case- by-case basis. F. Nothing to report. G. Councilmember Tunnell stated that it’s a slow time for hospitals and services have been held up due to funding. H. Nothing to report. I. Nothing to report. J. Nothing to report. cm052708 Page 5 of 6 K. Councilmember Brancheau said NCTCOG will hold its annual meeting on June 13. L. Nothing to report. M. Nothing to report. N. Councilmember Faught informed Council that Geico has signed on as the lead sponsor for the Golf Tournament. Mary Joiner will be leaving the Senior Adult Services after 15 years. 13. Necessary action resulting from Work Session. There was no action necessary under this item. 14. Necessary action resulting from Executive Session. Action Councilmember Peters moved to approve Resolution No. 2008- 0527.01 approving the terms and conditions of the advance funding agreement by and among the state of Texas, acting by and through the Texas Department of Transportation and the City of Coppell, authorizing the Mayor to execute such agreement subject to the approval of the City Attorney. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Christel Pettinos, Deputy City Secretary cm052708 Page 6 of 6 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 June 10, 2008 8/B ✔ ORDINANCE Consider approval of an ordinance of the City of Coppell, Texas, amending the Code of Ordinances by amending Article 15-9, Coppell Thoroughfare Plan, by deleting the proposed C4D extension of Parkway Boulevard between Coppell Road and SH121, the proposed C2U extension north of proposed Freeport Parkway and parallel to SH 121, and the extension of Royal Lane from Sandy Lake Road to SH 121, as depicted on Exhibit "A" which is attached hereto and incorporated herein; providing a repealing clause; providing a severability clause; providing a savings clause; providing an effective date; and authorizing the Mayor to sign. Approval of this ordinance revision will bring the City of Coppell Thoroughfare Plan into conformance with the current plans for State Highway 121. Staff recommends approval of the ordinance revising the Thoroughfare Plan. #Thoroughfare Plan Revision MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE: June 10, 2008 REF: Consider approval of an ordinance to revise the Thoroughfare Plan by deleting the proposed C4D extension of Parkway Boulevard between Coppell Road and SH 121, the proposed C2U extension north of proposed Freeport Parkway and parallel to SH 121, and the extension of Royal Lane from Sandy Lake Road to SH 121; and authorizing the Mayor to sign. For several months a developer has been looking to purchase a tract of land north of Sandy Lake Road and west of Coppell Road commonly referred to as the “Callejo Tract.” The actual purchase of the land by the developer has been delayed somewhat due to the intricate, and oftentimes confusing, financing of the extension of Freeport Parkway from Sandy Lake Road to State Highway 121. It is the City’s and the developers’ understanding that the financing has now been resolved and the developer was set to close on the property by the end of May. Part of the discussion with the developer concerning this tract was whether or not they would need to extend Parkway Boulevard from Coppell Road to State Highway 121, and also construct the connecting parallel roadway from the Freeport Parkway extension north to the proposed Parkway Boulevard extension. The extension of Parkway Boulevard to intersect SH 121 on our current Thoroughfare Plan appears to be confusing given the fact that there will be a diamond interchange at Freeport Parkway and SH 121. However, when I was hired in 1991, the plans at that time for the future widening of SH 121 showed Freeport Parkway and Parkway Boulevard intersecting SH 121 with “jug handle” intersections. The plans also showed that there would be no exit ramp to Parkway Blvd. for southbound traffic. The exit was only at Freeport Pkwy. When heading north on SH 121, there was no exit at Freeport or Parkway, only at Sandy Lake Road. With the old design for SH 121, there was a need for the parallel C2U connector between Freeport and Parkway Blvd. Now that the design of SH 121 has been revised and is currently under construction with a diamond interchange at Freeport Parkway, there is no longer a need for the extension of Parkway Boulevard or the parallel C2U roadway between Freeport Parkway and the proposed Parkway Boulevard extension. At one time there was talk of extending Parkway Blvd. west to create a tee intersection with Freeport Parkway. Because of the proposed use of this property and the residential use along Parkway east of Coppell Road, it was determined that it would be best not to mix uses by continuing Parkway Blvd. The other proposed change to the Thoroughfare Plan is the elimination of Royal Lane from Sandy Lake Road to SH 121. Royal Lane was shown on the original plan to intersect SH 121 so that if you exited on Sandy Lake Road, you would not have to turn on Sandy Lake to get to Royal, but you could proceed on the frontage road to access the Royal Lane intersection. The current design for SH 121, with the diamond interchange at Sandy Lake and Freeport, shows entrance ramps from the northbound frontage road to SH 121 at the location where Royal Lane would have intersected it under the previous design. Because Royal Lane cannot intersect the frontage road at that location, there is a need to remove it from the Thoroughfare Plan. This explanation of these changes to the Thoroughfare Plan may sound confusing, but bottom line, the original plan contemplated an entirely different design for SH 121. Items were placed on the official City of Coppell Thoroughfare Plan to accommodate that design. With the new design of SH 121, there is no longer a need for these three roads that we are requesting to have removed from the plan. Staff recommends approval of the changes to the official Thoroughfare Plan and will be available to answer any questions at the council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 15-9, COPPELL THOROUGHFARE PLAN, BY DELETING THE PROPOSED C4D EXTENSION OF PARKWAY BOULEVARD BETWEEN COPPELL ROAD AND SH 121, THE PROPOSED C2U EXTENSION NORTH OF PROPOSED FREEPORT PARKWAY AND PARALLEL TO SH 121, AND THE EXTENSION OF ROYAL LANE FROM SANDY LAKE ROAD TO SH 121, AS DEPICTED ON EXHIBIT “A” WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 90489, codified as Article 15-9 of the Code of Ordinances, which provides for the adoption and maintenance of the Coppell Thoroughfare Plan as a separate Code; and WHEREAS, the City desires to revise the Thoroughfare Plan to delete the proposed extension of Parkway Boulevard between Coppell Roads and SH 121, to delete the proposed C2U extension north of proposed Freeport Parkway and parallel to SH 121, and to delete the extension of Royal Lane from Sandy Lake Road to SH 121, as depicted in Exhibit “A”; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Article 15-9 of the Coppell Code of Ordinances be, and the same is, hereby amended by amending the exhibit thereto, Coppell Thoroughfare Plan, to delete the proposed extension of Parkway Boulevard between Coppell Roads and SH 121, to delete the proposed C2U extension north of proposed Freeport Parkway and parallel to SH 121, and to delete the extension of Royal Lane from Sandy Lake Road to SH 121, as depicted on Exhibit “A,” which is attached hereto and incorporated herein. SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 1 70922 SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or 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 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 2 70922 WRANGLER DRIVE AIRLINE DRIVE BELT LINE ROADSOUTHWESTERN BLVD. FRITZ DR.FREEPORT PKWY.BLVD.WETAG AY DART RAILROAD COPPELL RD.ROYALBETHEL RD.ANELRUBY RD.ROYALLANESANDY LAKE ROAD COPPELL ROADP A R K W A YB L V D DENTON TAP ROADPARKW A Y BLVD. SANDY LAKE ROAD ROADSAMUELMOOREBLVD.PARKWAY BLVD.MACAR THURBLV D . S A N D Y AKLE ROADBLVD.RUHTRACAMRVIERCH A S EDR.BELT LINE ROAD DART RAILROAD BETHEL SCHOOL RD.HEARTZ ROADDENTON TAP ROADOMCKINGRIBDLANEBET H E L S C HOOL ROAD ROAD LINE S H .21.1 COPPELL RD.BETHEL RD. I H 6 3 5 I H 6 3 5 CREEKVIEW DR. BELTFREEPORT PKWY.DIVIDEND DRIVE POINT WESTDRIVE04000 2000 4000 LEGEND 2 Lane Undivided ( 60' R.O.W. ) 4 Lane Undivided ( 70' R.O.W. ) 4 Lane Divided ( 90' R.O.W. ) 6 Lane Divided ( 110' R.O.W. ) 4 Lane Divided in a 6 Lane Divided Right-of-Way. ( 110' R.O.W. ) Does Not Meet Current Thoroughfare Plan Meets Current Thoroughfare Plan Proposed Thoroughfare DATE: 06/10/08 CITY OF COPPELL MAJOR THOROUGHFARE PLAN Exhibit 'A' 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 June 10, 2008 8/C ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-200R2-SF-12, Petterson Addition, zoning change 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 and authoring the Mayor to sign. On April 17, 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. On May 13, 2008, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-200R2-SF-12, PA ORD, 1-AR (con) 1 TM 28348.2.000 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-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 THE 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 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, TREE SURVEY, LANDSCAPE PLAN, SCREENING WALL LAYOUT AND DETAILS, ATTACHED TO AS EXHIBITS “B”, “C”, “D” AND “E”, 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 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-200R2- SF-12 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 2 TM 28348.2.000 and the same is hereby amended to grant a change in zoning from 2F-9 (Two Family-9) to PD- 200-SF-12 (Planned Development Revised -200, Single Family-12) to allow the construction of four single-family homes on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 120 feet west of Summer Place Drive and being more particularly in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That provisions of Ordinance No. 95100-441 shall be repealed in its entirety. SECTION 3. That the property shall be developed and used only in accordance with the following development conditions as set forth herein below: A. Use regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-ED" and the "SF-18" district. 2. Home occupation as allowed in the Code of Ordinances. B. Maximum height regulations. The maximum height regulations will be 35 feet nor more than two and one-half stories high. C. Area regulations. 1. Minimum size of yards: (A) Front yard shall be a minimum of 64 feet (30’ from the fire lane, utility and access easement). (B) Side yard: Ten percent of the lot width, but in no case shall the side yard be less than eight feet. A side yard adjacent to a street shall not be less than 15 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Area: 20,000 square feet. (B) Width: 100 feet. 3 TM 28348.2.000 (C) Depth: 190 feet. 3. Minimum dwelling size: 3,000 square feet, exclusive of garages, breezeways and porches. 4. Maximum lot coverage: thirty-five (35%) percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings, exclusive of driveways and/or sidewalks. D. Parking/Driveway regulations. 1. Two enclosed parking spaces behind the front yard building line, the enclosed parking area (garage) shall not be accessed off of the alley. 2. There shall be no front facing garage doors. 3. A minimum of three off-street parking spaces in a circular drive must be provided by each lot. These parking spaces may not be located in the fire lane/access easement nor shall they be permitted to block any mail delivery service but must be accessible from the easement. The location of the parking spaces shall be accommodated for within a circular drive and must be shown on the application when applying for a building permit. 4. Driveway access from Sandy Lake Road shall be limited to one driveway and shall be located in the platted access easement. The easement shall be paved with 24 feet of concrete to fire lane standards. E. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. 2. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. F. Tree Retribution. 1. A Tree Removal Permit shall be required prior to the removal of any trees. 4 TM 28348.2.000 G. Homeowners Association 1. The homeowner’s association shall maintain the utility, access and fire lane easements. 2. Lot 1X is to be maintained by the HOA. H. Variance to Subdivision Ordinance 1. Lots are not required to have public road frontage. 2. All lots shall front on a 24’ wide fire lane, utility and access easement. SECTION 4. That the Site Plan, Tree Survey, Landscape Plan, Screening Wall Layout and Details attached to as Exhibits “B”, “C”, “D” and “E”, respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 5. That the above property shall be used and developed only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance and other applicable ordinances of the City of Coppell, as heretofore amended, and as amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict except as amended herein 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 28348.2.000 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 ___________________, 2008. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/3/2008) 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 June 10, 2008 8/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-215R-LI, Victron Energy, a zoning change from PD-215-LI (Planned Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as revised, to allow red and yellow internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension on 1.68 acres of property, located south of I.H. 635, east of Royal Lane and authorizing the Mayor to sign. On February 21, 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0) subject to various revisions, Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. On April 8, 2008, Council held this case under advisement until April 22, 2005 (6-0). On April 22, 2008, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-215R-LI, VE ORD, 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-215-LI (PLANNED DEVELOPMENT-215-LIGHT INDUSTRIAL) TO PD-215R-LI (PLANNED DEVELOPMENT-215 REVISED-LIGHT INDUSTRIAL) TO ALLOW RED & YELLOW INTERNALLY ILLUMINATED SIGNAGE ON THE GAS PUMP CANOPY AND INTERNALLY ILLUMINATED SIGNAGE ON TWO SIDES OF AN EIGHT-FOOT TOWER EXTENSION ON 1.68 ACRES OF PROPERTY LOCATED SOUTH OF I.H. 635, AND EAST OF ROYAL LANE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE REVISED EAST AND WEST BUILDING ELEVATIONS, CABINET SIGN DETAILS AND CANOPY SIGNAGE 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-215R-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 28340.2.000 and the same is hereby amended by granting a change in zoning from PD-215-LI (Planned Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) to allow red & yellow internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension on 1.68 acres of property located south of I.H. 635, and east of Royal Lane, 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 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-437, which is incorporated herein as set forth in full and hereby republished. (B) An eight (8) foot high tower extension shall be permitted on the northwest corner of the main building. (C) A 64 square foot, recessed, internally lit cabinet sign (red and yellow pectin, with white background) shall be permitted on the west and north sides of the extended tower. (D) “SHELL” in red, internally illuminated, individually mounted letters, with yellow trim caps and returns, with a maximum size of 20 square feet, shall be permitted on west and north faces of the gas pump canopy. (E) That signage otherwise permitted herein shall 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 established in Ordinance 91500-A-437, and as amended in the development regulation TM 28340.2.000 hereinbefore set forth and as provided on the Revised East and West Building Elevations, Cabinet Sign Details and Canopy Signage attached 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 TM 28340.2.000 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2008. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised) 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 June 10, 2008 9 ✔ PUBLIC HEARING Consider approval of Case No. S-1246-TC, DeVine Cellars, zoning change request from TC (Town Center) to S-1246-TC (Special Use Permit-1246-Town Center), to allow the operation of a 2,100-square-foot retail/convenience store and restaurant located in the Town Center Addition, Lot 3, Block 1, 230 Denton Tap Road, Suite 104. The following P&Z conditions remain outstanding: 1. Submission of the proposed elevation and signage of the rear door encourage the use by the patrons. 2. Special Exception of eight (8) parking spaces being granted by the Board of Adjustment. 3. Ensure compliance with all TABC rules and regulations. On May 15, 2008, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Shute, Haas, Fox, Sangerhausen and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @01 S-1246-TC, DeVine Cellars, 1-AR ITEM # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: S-1246-TC, DeVine Cellars P&Z HEARING DATE: May 15, 2008 C.C. HEARING DATE: June 10, 2008 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: The Town Center Addition, Lot 3, Block 1, 230 Denton Tap Road, Suite 104 SIZE OF AREA: 2,100 square feet of lease space CURRENT ZONING: TC REQUEST: A zoning change request to S-1246-TC (Special Use Permit-1246-Town Center), to allow the operation of a 2,100-square-foot retail/convenience store and restaurant. APPLICANT: Jean J. Dahl c/o DeVine Cellars 120 S. Denton Tap, Suite 450C-PMB209 Coppell, TX 75019 (972) 745-4766 FAX: (972) 745-4766 HISTORY: In October 1997, City Council approved the site plan and preliminary plat for Eleanor’s Square, a 24,620 square-foot retail center, which was final platted in May of the next year. In October 1998, City Council ITEM # 4 Page 2 of 4 approved an SUP for 7 Salsa’s a 3,000 square-foot restaurant, which was expanded by 1,400 square feet in 2002. The approval of this expansion was subject to Board of Adjustment granting a Special Exception allowing a three (3) parking space variance. The granting of this Special Exception was partially based on the restaurant’s usage of the underutilized parking in the rear of the building. In December of 1998, a site plan amendment was approved for this retail center which allowed a monument to be located at the corner of Denton Tap Road and Town Center Drive. In February of 1999, this lot was replatted to move a water easement to allow for the construction of the monument sign. In May of 1999, City Council approved an amendment to the site plan to allow Blockbuster to have an eighteen square-foot, yellow and blue attached sign at the corner of the building. Special Use Permits have also been granted for Subway and Smoothie Factory in this retail center. TRANSPORTATION: Denton Tap Road is a P6D, six-lane, divided thoroughfare built to standard. Town Center Boulevard, on the east side of the building, is built to standard. SURROUNDING LAND USE & ZONING: North - Retail Center; TC (Town Center) South - Comerica Bank; TC (Town Center) East - City of Coppell Justice Center; TC (Town Center) West - Market at Town Center and Sonic Restaurant; PD- 178 and C (Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan, as amended, recommends neighborhood retail use on this parcel. DISCUSSION: This is the third location that DeVine Cellars is attempting to lease in Coppell. As previously explained, this is proposed to be a full service wine shop, tasting room, and tapas bar offering both on and off-premise consumption of a wide variety of wine and beers. They will also offer premium cigars and accessories; glassware, packaged cheese and ITEM # 4 Page 3 of 4 chocolate; wine and cheese baskets; and wine-related services, such as custom cellars and cellar stocking and management. The floor plan indicates a 1,005-square-foot retail wine/beer shop with its entrance from Denton Tap Road and a 1,095-square-foot restaurant/bar (tasting room/tapas bar) with entrances from Denton Tap Road and on the Town Center Boulevard side. Separate entrances were included due to the TABC permitting requirements for the two uses (on-premise and off- premise consumption). Parking required for the retail portion of this use is one parking space per 200 square feet of floor area (five spaces required) and for the restaurant use, one parking space per 100 square feet (11 spaces required). The attached parking analysis reflects that there would be a deficit of eight (8) parking spaces in this retail center (161 parking spaces required, 153 provided). A similar issue arose when 7 Salsas restaurant expanded in 2002. The Board of Adjustment granted a Special Exception allowing a three (3) parking space reduction. The exception was partially based on the inclusion of a rear door, where there was a significant amount of underutilized parking spaces. A similar approach is proposed for this use. The applicant has revised their floor plan to include a rear entry door, which will be appropriately signed. The applicant will conduct a parking usage study to determine that a sufficient number of parking spaces exist during her peak hours (primarily evening) to accommodate the proposed restaurant and retail uses. Although this evidence will be required to be presented to the Board of Adjustment, results of this study should also be presented as part of the testimony for this SUP request. The DeVine Cellars sign is designed to be in accordance with the sign regulations and will adhere to the standards of the shopping center. It will consist of white channel letters to match the same shade as those in the center and will be no more than 30 square feet. ITEM # 4 Page 4 of 4 DeVine Cellars will also apply for and obtain all of the necessary permits and licenses required by the TABC and City of Coppell for the legal sale of both on and off premise consumption of beer and wine. The hours of operation will be as follows: Monday thru Thursday - 10 am to 10 pm, Friday and Saturday - 10 am to 12 am, Sunday – 11 am to 9 pm. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Case No. S-1246- TC, for a retail/convenience store and restaurant, subject to the following conditions: 1. Submission of a parking study to demonstrate that sufficient parking spaces will be available at peak times to accommodate these uses. 2. Submission of the proposed elevation and signage of the rear door encourage the use by the patrons. 3. Special Exception of eight (8) parking spaces being granted by the Board of Adjustment. 4. Ensure compliance with all TABC rules and regulations. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Lease plan/elevations 3. Floor Plan 4. Parking analysis 5. Sign details DeVine Cellars-Eleanor’s Square Parking Analysis The table below depicts an analysis of the parking situation at Eleanor’s Square. As you can see, there is deficit. To accommodate for this shortfall, DeVine Cellars has added access to the rear parking lot. Also, if you take into consideration the majority of the center’s tenants are not open for business past 6 pm, which is when the restaurant portion will be the busiest; this deficit should not create a major issue at the center. Parking Analysis Analysis Square Footage Parking Ratio Required Spaces Restaurant Subway 2,030 100 20 7 Salsas 4,400 100 44 Smoothie Factory 1,429 100 14 DeVine Cellars 1,095 100 11 Subtotal 89 Retail Cambridge 1,545 200 8 Pixels 2,337 200 12 Nail Salon 1,050 200 5 Cingular 1,050 200 5 Vacant (office) 1,626 300 5 Soft Touch 1,560 200 8 Blockbuster 5,500 200 27 DeVine Cellars 1,000 200 5 Subtotal 75 Analysis Total Parking Spaces Required 164 BoA Special Exception (7Salsa’s) -3 Adjusted Required Parking 161 Number of Spaces Provided 153 Excess/(Deficit) (8) Parking Survey Since DeVine Cellars estimates our busiest time for the restaurant portion of our business will be in the evenings from 6 pm to 9 pm, to verify adequate parking is available at Eleanor’s Square, the parking counts below were taken during this time period over the last week. As you can see, there is more than enough parking at the center during our peak times to accommodate or customers. Date 6 pm to 7 pm Excess/(Deficit) 8 pm to 9 pm Excess/(Deficit) May 8, 2008 67 86 43 110 May 9, 2008 85 67 45 108 May 10, 2008 76 77 44 109 May 11, 2008 42 111 27 126 May 12, 2008 60 93 34 60 May 13, 2008 83 70 43 110 May 14, 2008 63 90 46 107 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 June 10, 2008 10 ✔ PUBLIC HEARING Consider approval of Case No. PD-221R5-HC, Duke Lesley Addition, zoning change request from PD-221-R3-HC (Planned Development-221 Revision 3-Highway Commercial) to PD-221R5-HC (Planned Development-221 Revision 5- Highway Commercial) to attach a detail site plan to allow a 5,000-square-foot convenience store with ten gas pumps located along the west side of S. Belt Line Road, approximately 636 feet north of IH 635. See attached letter from William Dahlstrom dated May 23, 2008, appealing the Planning Commission's decision to Council. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING CHANGE. On May 15, 2008, the Planning Commission unanimously denied this zoning change (6-0) due to the land use not being compatible with those envisioned for this location. Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, and Shipley voted to deny, none opposed. Staff recommends DENIAL. @02 PD-221R5-HC, DL Addition, 1-AR ITEM # 6 Page 1 of 8 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-221R5-HC, Duke Lesley Addition P&Z HEARING DATE: May 15, 2008 C.C. HEARING DATE: June 10, 2008 STAFF REP.: Matt Steer, City Planner LOCATION: The west side of S. Belt Line Road, approximately 636 feet north of IH 635 SIZE OF AREA: 1.67 acres of property CURRENT ZONING: PD-221R3-HC (Planned Development-221 Revision 3-Highway Commercial) REQUEST: A zoning change request to PD-221R5-HC (Planned Development-221 Revision 5- Highway Commercial) to attach a detail site plan to allow a 5,000-square-foot convenience food store with 10 gas pumps. APPLICANT: Applicant: Engineer: Alicia Rhymer Mike Ruelle Race Trac Petroleum Kimley-Horn Associates, Inc. 3225 Cumberland Blvd, Suite 1001 2700 Park Central Dr, Suite 1800 Atlanta, GA 30339 Dallas, TX 75251 Phone: 770.431.7600 ext. 1638 972.770.1300 Fax: 678.503.1348 Fax: 972.239.3820 HISTORY: In February 2007, this property was a part of a larger rezoning from a Highway Commercial District to a Planned Development for Highway Commercial uses to allow tilt-wall construction and additional attached signage on office buildings that are 50,000-square-feet or larger and to allow the development of mixed uses, including retail, office and hotel on a total of 78.5 acres of property. ITEM # 6 Page 2 of 8 In July 2007, a rezoning was approved to revise the Planned Development to attach a Concept Plan for retail and restaurant uses on 17.4 acres of property. TRANSPORTATION: Beltline Road is a P6D, major thoroughfare built to standard in a l20-foot right-of-way. SURROUNDING LAND USE & ZONING: North – vacant; PD-221R3-HC (Planned Development-221-Revision 3- Highway Commercial) South – vacant; PD-221R3-HC (Planned Development-221-Revision 3- Highway Commercial) East – vacant; A (Agriculture) West – vacant; PD-221R3-HC (Planned Development-221-Revision 3- Highway Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as suitable for freeway commercial uses. DISCUSSION: This is the first detail planned development proposal to be platted out of the larger 17.4 acre tract of land conceptually approved for retail and restaurant uses. The proposed 5,000-square-foot convenience store with an 8,260- square-foot gas canopy on 1.67 acres is proposed to be located on the west side of South Belt Line Road between Dividend and IH 635. There are two access points to South Belt Line Road, both being shared drives on the proposed north and south property lines. There is also a shared drive shown on the proposed west property line. The proposed hours of operation are 24 hours a day, seven days a week. In the establishment of the larger conceptual planned development for this area, only circulation patterns, signage and architectural compatibility were approved. Every other detail, including land use, site layout, parking, landscaping, building materials and color, were left to specifically adhere to the requirements of the base zoning of the HC (Highway Commercial) District. According to the Zoning Ordinance, The “HC” highway commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise offices, and should be located generally along high-volume thoroughfares. The site characteristics for each area should be designed in a manner to create an attractive appearance from I.H. 635 and S.H. 121, and an impressive gateway into the community. Because these areas are designated as major thoroughfare entry points, emphasis has ITEM # 6 Page 3 of 8 been placed on building arrangement, setbacks, parking, and landscape treatment, which are intended to be elements influencing the character of entrance into the city. It is the intention of the “highway commercial” zoning district to create an attractive and unique entrance into the city. This planned development request was initially reviewed based on the ‘impressive gateway” premise of the HC District, and staff does not feel that this large scale gas station fits in with this vision. The applicant has met several times with the city staff to discuss the issues at hand. They have postponed bringing the case forward to the Planning and Zoning Commission twice in order for them to work through the extensive list of Planning related comments. The most significant of the comments were related to reorienting the proposed convenience store, reducing the size of the gas canopy and reorienting the canopy to not front on Belt Line Road (the side of the canopy would front Belt Line). The applicant has offered little change to their initial proposal, and has actually increased the amount of striping on the canopy, going in the opposite direction of staff’s request to remove it. Staff has reviewed the plans several times, each subsequent time on a technical basis as if the land use and unsightliness weren’t issues, to clear up the majority of the comments and revisions needed. These are included within a list of “unresolved items” under staff’s recommendation. Site Plan: The site plan shows the 5,000-square-foot convenience store dwarfed with an 8,260-square-foot gas canopy in front of it. The circulation on site is impressive, although little unpaved area remains to fulfill the landscaping area requirements. There are multiple unsightly bollards separating the walkway in front of the building from the parking. Typically, a six-foot sidewalk is used to give the storefront a slightly raised (six-inch curb height) entry and to separate the vehicular use from the pedestrian access. Staff has recommended on several occasions that the bollards were cluttering the front of the building should be removed and a standard sidewalk should be used. Parking: Within the HC District, no more than 50% of the required parking can be located in the front of the building. This requirement is specific to the HC District in order to create a better appearance from adjacent thoroughfares. This proposal is not meeting this requirement, as there are a total of 25 parking spaces required, 42 proposed with 35 of those spaces (140% of the required) in the front (including the parking adjacent to the gas pumps). It has been recommended to the applicant that a bermed hedge row be used to screen the parking lot from Belt Line, but the applicant has advised staff that they would not do this as it would decrease the visibility of the gas pumps. If the applicant reconfigures the site as previously recommended by staff (reorienting the building closer to Belt Line Road with the ten gas pumps either to the side or the rear), this would create less of a variance to the requirement ITEM # 6 Page 4 of 8 that calls for no more than 50% of the required parking to be located in the front of a building. Landscaping: The overall landscaping is also a concern. The applicant is not meeting the minimum requirements of the Zoning Ordinance as it relates to the landscaping area being provided. The amount of paving on site is extensive and would be reason enough to require that they meet the landscaping requirement. Although the calculations show that they are providing sufficient landscaping in two of the three categories, staff has recalculated the interior landscaping as shown and comes up substantially short. The nonvehicular landscaping is the one category that might be correct. The HC District calls for a landscape treatment to “influence the character of the entrance into the city.” An expansive amount of pavement with gas pumps and parking is not the influence on the entry character envisioned. The applicant was informed on several occasions that the landscaping calculations were in question and given specific details on how they could spruce up the landscaping in order to make this site more attractive and address the inadequacies. This is considered a primary image zone in the Streetscape Ordinance and this site in particular has been given the unique HC zoning designation specifically for this reason – “to create an attractive and unique entrance into the city.” It was suggested to berm the hedge row on Belt Line Road and to include a landscape island at the end of the gas canopy. Neither of these changes were made. The absence of the landscape island at the end of the canopy on the south end, (required perimeter landscaping) and the shortfall in interior (parking lot area) landscaping are both required to be conditions of the PD. Elevations and Signage: In an attempt to combat the unsightliness of the gas canopy, staff recommended that a standing seam roof be added and the canopy be reduced in size to be smaller in scale and secondary to the main structure. The applicant has offered no solution or compromise to their original proposal. Staff originally had a comment to remove the proposed signage and striping from the canopy. The applicant removed the “Race Trac” signage, but increased the striping signage amount significantly. The striping is considered as “signage” within the definition given in the Zoning Ordinance. This states, a sign is anything that is “visible from outside the premises on which it is located and that is designed, intended or used to inform, to advertise or to attract the attention of persons not on those premises.” Signage is strictly prohibited on gas canopies. The HC District specifically addresses permissible façade colors and states the following: Exterior wall surfaces should consist of no more than three colors; a base color, and/or a trim color, and/or an accent color. The base color may be utilized on up to 100 percent of the surface area of any one facade of a building. Another color, other than a base color, shall be permitted on up to only five percent of the surface area of any one facade, and an accent color on up to only one percent of the surface area of any one ITEM # 6 Page 5 of 8 facade. For calculation purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings, or signs. Therefore, either way, if treated as a sign then the red stripes are strictly prohibited, and if treated as part of the architecture, two red stripes, two blue stripes and one white stripe are not permitted, as this would exceed the 95% base color, 4% accent color, and 1% trim color allowances with the HC District. The applicant will need to provide the exact color percentages for each elevation. Based on the elevations submitted, the color breakdown is approximately 59% bright red, 22% brown (earth tone brick), 7% dark blue and 13% bright white on the canopy’s side elevation. The convenience store building façade is attractive, but has a few items that still need to be resolved. It appears from the rendering that was given to staff that there are metal awnings on the front elevation. These are standing seam and if considered an awning would need to be made of fabric. Staff has repeatedly requested a cross section of this portion of the elevation to make the determination, but has never received one. If the applicant intends to proceed with this type of architectural element, then it is recommended that it be listed as another PD condition. All future structures to be built on the remainder of the 17.4 acres will need to be compatible with this one according to the Conceptual PD Ordinance. The multicolored (red, white and blue) attached signage on the building does not meet the signage requirements that call for signs to be white channel letters. This is listed as another PD condition. The monument sign is a basic thin wall with an aluminum face to indicate gas prices. This same brick thin wall monument sign design will need to be carried out on the remainder of sites along Belt Line, according to the approved Conceptual PD. The location of the monument sign is proposed to be in the northeast corner. Monument signs are required to be setback 75 feet from each property line and 15 feet from the right-of-way; therefore, the noncompliant location of the proposed monument sign is required to be yet another PD condition. In the conceptual planned development ordinance, several conditions were placed on the property. The applicable conditions are listed below with a comment in bold relating to this detailed PD: 1. Prior to development on any tract within this Planned Development District, a detailed Site Plan with elevation facades shall be submitted to assure architectural compatibility and compliance with the HC District. This is the first development of the 17.4 acres and will set the architectural tone for the entire development. 2. Traffic and vehicle circulation of the 17.4 acres shall be in accordance with the following development regulations: … (2) Private Street "B" shall: (a) not have any head-in parking, (b) have no intersecting driveways within 150 feet from Belt Line Road, ITEM # 6 Page 6 of 8 The driveway is located approximately 146 feet from Belt Line and would therefore require a minor exception to this requirement and to be listed as a new PD Condition. … 4. Detached signs were permitted as follows: … (d) Four single-tenant monument signs along Denton Tap (maximum one per lot). (1) Monument signs along Belt Line being limited to 40 square-feet, unless the lot exceeds the two acre minimum required for a 60-square- foot sign. This proposal includes a 40 square foot monument sign. 5. The location of all detached signs being in accordance with the Sign Ordinance and all monument signs shall be externally illuminated. This proposal is not in conformance with the location/setback requirements of the Zoning Ordinance that call for the spacing from internal property lines to be at least 75’ and 15’ from the right-of-way. The proposed signage is 32 feet from the north property line and 41 feet from the right-of-way. 6. All detached signs shall be architecturally compatible and consistent through the District. This monument sign will set the architectural tone for all monument signs on Belt Line Road within the 17.4 acres. 7. Landscaping Plans shall be submitted at the time of Detailed Site Plans and shall comply with Article 34 of the Coppell Zoning Ordinance, with the exception that the required ten-foot landscape buffer along internal property lines subject to such otherwise required landscaping to be reallocated in the interior of such lots within the District. The perimeter landscaping adjacent to the south drive is not being provided for within an island at the south end of the gas canopy. This is requested to be an exception from the previously approved conceptual PD Ordinance. … Regarding condition #1 above, Race Trac is setting the architectural tone for the entire 17.4 acres of the Planned Development. This means that each future structure will be required to match this gas station design! Although, the elevations for the convenience store are their new prototype and more attractive than other existing Race Trac’s in the area, staff does not want this to set the architectural tone for the entire 17.4 acres. Another Race Trac is currently being permitted in Irving on the south east side of Belt Line and LBJ at Regent Blvd, cattycorner to this one. According to those plans, it will be a similar prototypical design and a similar site configuration to the one proposed in Coppell. This would definitely contradict the vision of creating a “unique character” for the entrance into Coppell. Repeatedly, the applicant has been informed that staff could not support this particular plan and that we would need a completely different plan with the structures reoriented- the main structure closer to Belt Line Road with the gas canopy to the side or rear of the site for a positive recommendation. In the ITEM # 6 Page 7 of 8 end, staff is unable to support this plan, and recommends that we deny this application. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this request due to the land use not being compatible with those envisioned for this location. The items not addressed are as follows: 1. Reorient the proposed building to the northeast corner of the site, position the gas canopy south of the structure and perpendicular to S Belt Line Rd. and ensure all mechanical equipment is screened. 2. Recommend construction of a curb in front of parking spaces and elimination of bollards unless otherwise prohibited by the Texas Accessibility Standards. 3. Consider reducing canopy length to keep it more in scale with the proposed building and consider adding a standing seam roof to it. 4. Remove striping from the canopy as this is not permitted. Include a PD condition if requesting an exception to the ordinance. 5. Consider berming landscape area along Belt Line and placing proposed hedge row on top. 6. Include a landscape island at the south end of canopy and include architectural element (i.e. boulder or stone monument) to prevent trucks from driving on it. 7. Submit correct calculations for landscaping areas and ensure this is prepared by a Landscape Architect (stamp and seal required). Include a PD condition for the insufficient interior landscaping area shown. 8. Include north driveway spacing (146’) as a PD Condition. This is a minor deviation from the 150’ requirement established in the conceptual PD. 9. Include percentage of each color on each elevation. 10. Include metal awnings as a PD condition. 11. Ensure the lighting plan meets the glare and lighting standards of the Zoning Ordinance. Drafting items not addressed: 12. Resolve discrepancies between the scale used on the Canopy Elevation Sheet and the dimensions shown and include the height dimension to the top of the canopy. 13. Include all proposed fire hydrants on the Site Plan. 14. Include #5 & #6 from general notes as PD Conditions, as these were already conditions established in the conceptual PD. 15. On the miscellaneous detail sheet, list the color for the bumper posts, include brick color and height of the proposed screening wall and include color of decorative lighting poles and colors of monument sign face. Add a note that states no advertizing will be displayed on any of these items or anywhere outside the convenience store. 16. Include the Architect’s contact information within the title block of the Canopy Elevations, and include Lot 4, Block C, Duke Lesley Addition in all title blocks on all sheets. ITEM # 6 Page 8 of 8 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date ATTACHMENTS: 1) Site Plan 2) Landscape Plan/Tree Survey 3) Elevations 4) Sign Package 30” x 162” lighted channel letter sign, internally lighted, 33.75 square feet 30” 162” Customer: RaceTrac Petroleum Date: 2/6/08 Location: Coppell, TX File: RaceTrac Coppell Customer Approval Change As Noted THIS IS AN ORIGINAL UNPUBLISHED DRAWING. IT IS NOT TO BE REPRODUCED, COPIED, OR EDITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AN OFFICER OF WHITE SIGN COMPANY. THIS DRAWING MAY CONTAIN COPYRIGHTED DESIGNS FURNISHED TO WHITE SIGN COMPANY BY THE CUSTOMER, ALL OTHER DESIGNS HEREIN ARE THE PROPERTY OF WHITE SIGN COMPANY. COPYRIGHT 2007 whitesign.com (877) 766-1588 (870) 779-1504 fax (870) 772-3286 6420 East Street Texarkana, AR 71854 30” x 162” lighted channel letter sign, internally lighted, 33.75 square feet, individual lighted channel letters 30” 162” 032 aluminum border 24.5 square foot sign, 4’ OAH 15” Wagner Condensed numerals 7’ 15” 14.5” Customer: RaceTrac Petroleum Date: 2/29/08 Location: Coppell, TX File: RaceTrac Coppell Customer Approval Change As Noted THIS IS AN ORIGINAL UNPUBLISHED DRAWING. IT IS NOT TO BE REPRODUCED, COPIED, OR EDITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AN OFFICER OF WHITE SIGN COMPANY. THIS DRAWING MAY CONTAIN COPYRIGHTED DESIGNS FURNISHED TO WHITE SIGN COMPANY BY THE CUSTOMER, ALL OTHER DESIGNS HEREIN ARE THE PROPERTY OF WHITE SIGN COMPANY. COPYRIGHT 2007 whitesign.com (877) 766-1588 (870) 779-1504 fax (870) 772-3286 6420 East Street Texarkana, AR 71854 Brick Base to match building 3’ 6” 4” 2” WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING June 10, 2008 11 ✔ PUBLIC HEARING Consider approval of an application by Chesapeake Energy to allow drilling and production from seven additional horizontal wells on property located north of Bethel Road, west of the proposed extension of Creekview Drive, on the Fellowship Church Property. On April 28, 2008 staff received an application to drill and operate seven (7) additional gas wells north of Bethel Road, west of the proposed extension of Creekview Drive on the Fellowship Church property. Per Section 9-26-7 of the Oil and Gas Drilling Ordinance, if the well is within 800 feet of any occupied building (not used in operation of the drilling site) a public hearing is required. Staff recommends APPROVAL of this request, subject to the conditions outlined in the attached memo. @03 Drilling Application2, 1-AR Page 1 of 3 DATE: June 10, 2008 TO: Mayor and City Council FROM: Marcie Diamond, Assistant Director of Planning RE: Application by Chesapeake Energy to drill and operate up to seven (7) additional gas wells on the previously approved site located north of Bethel Road, west of the proposed extension of Creekview Drive. History ¾ On January 9, 2007, Council approved Ordinance No. 2007-1150 providing regulations relating to Oil and Gas Production in the City of Coppell. ¾ On August 14, 2007, Council authorized Larry O. Hulsey & Co. to act in the city’s behalf as the Oil or Gas Inspector/Technical Advisor. ¾ On March 10, 2008, Council approved an application by Chesapeake Energy to drill and operate one gas well on the Fellowship Church property located north of Bethel Road, west of the proposed extension of Creekview Drive. o A Tree Removal Permit was issued on April 8, 2008 with the payment of $149,900 to the City of Coppell Reforestation and Natural Areas fund. Current Application On April 28, 2008 staff received an application by Chesapeake Energy to drill up to seven (7) additional gas wells on the previously approved 2.152 acre tract of land located north of Bethel Road, west of the proposed extension of Creekview Drive. The mineral lease area has been increased from the previous application (142 acres) and now encompasses 279.6 acres which includes other mineral right owners in addition to the Fellowship Church. This submission package only includes items that were revised from the previous submittal, i.e. production equipment elevations/detail site plan for Phase 2 and the Final Phase, notification map, letters, signs and newspaper notice and Railroad Commission permits (for five wells). Other items such as the Road Repair Agreement, Tree Mitigation and Landscape Plans, Water Sources, Emergency Access Routes, Hazardous Material Handling Plans, etc. were established with the initial application and will be attached to and made a part of future permits for this site. Page 2 of 3 Public Hearing By Ordinance, if the well is within 800 feet of any occupied building (not used in operation of the drilling site) a public hearing is required. The notification of this hearing has been provided through: a sign placed on the property, notices in the Advocate two consecutive Fridays, and written notices sent to all property owners within 800 feet of the proposed wells (611 Royal Lane and the two buildings under construction in the Bethel Road Business Park). Review Comments On May 23, 2008 staff received a letter from Larry O. Hulsey (attached), stating compliance with state and city requirements, allowing the proposed gas wells. In addition to Mr. Hulsey’s review of the technical aspects of the application, various city departments also reviewed the application to insure compliance with other ordinances of the city of Coppell. Outstanding Issues: As presented with the initial approval, the actual site preparation, fracing and drilling are the most noxious part of the process, but relatively short lived. However, this request will increase the activity on the site for an undermined amount of time. Chesapeake stated that based on their most current drilling schedule, they intend to drill the first well (previously approved) around November 5th, and the next well to be drilled immediately following. They also stated that “drilling usually takes anywhere from 18-25 days per well, depending on how smoothly the drilling phase goes. The fracturing phase is usually done approximately three weeks after drilling, depending on the availability of the fracturing company and the ability to get water to the site. They will probably fracture both of these wells at the same time, which should take approximately 3-5 days, depending on how much daylight we are getting at that time of year”. Chesapeake qualified their response by stating “everything is subject to change based on our geology and drilling departments” Initially, staff recommended that the landscaping and screening around the pad site would be provided once the well was in the production phase. However, given this extended time frame for activity on this site, staff is recommending that the required screening and landscaping be in place no later than the initiation of the drilling activities on this site. The extended time frame may also impact the transportation routes to and from the well site. The original application indicated the transportation route to be from 1-635 to Royal Lane, and then along existing Creekview Drive. This circuitous route was designed to avoid Bethel Road while it was under construction. Now given the potential extended time period, once Bethel Road and Creekview are both improved, a more direct route may be preferable. Therefore, as a condition of approval, staff is recommending that the transportation route be reevaluated prior to the issuance of permits for any new well. Page 3 of 3 Future Council Consideration/Public Hearings As indicated on the attached submittal, Chesapeake has received approval from the Railroad Commission to drill five (5) additional wells (Fellowship H1- H5). In response to the city’s request, Chesapeake has provided an ultimate build-out scenario, or maximum number of wells that would reasonably be drilled on this site. It is staff’s understanding that Council desires to only have one public hearing to consider all the wells on this site. Therefore, staff is recommending the five (5) well sites permitted by the Railroad Commission as well as two additional wells be approved at the June 10th public hearing. It must be noted that prior to any activity on the site for additional wells: 1. Railroad Commission approval is required for each well; 2. The City of Coppell permit is required, which includes a fee payment of $8,250.00 to cover staff’s administrative time and the consultant’s review of the application and inspections during the site preparation, fracing and drilling operations; 3. The transportation route being reevaluated. 4. A 72-hour notice will be provided to the Director of Engineering/Public Works, Fire Marshal and Gas Well Inspector, prior to the start of any of the following operations: a) Initial construction of pad site and access roadway. b) Start of drilling operations c) Perforation of casing d) Facturing of the well e) Setting the well head valves and equipment. Staff Recommendation: Staff is recommending APPROVAL of seven additional well sites, within this 2.152 acre pad site subject to: 1. The eight (8) foot black vinyl coated chain link fence with required trees be in place prior to the commencement of drilling activities on this site. 2. Issuance of separate permits by the city of Coppell prior to the drilling activities of additional wells on this site. 3. The transportation route be reevaluated prior to the issuance of permits for any new well. Attachments: Letter from Larry O. Hulsey, dated May 23, 2008 Phase 2 and Final Phase Site Plans Transportation Route Amended Application package (36 pages) Chesapeake Energy Corporation, 301 Commerce St Ste 600, Fort Worth, TX 76102 Phone: 817-870-1250 Fax: 817-810-9485 Web Site: http://www.chkenergy.com/ Source: Dallas County Appraisal District 5/28/2008 Map Label GIS Parcel ID Owner Name Owner Address Owner City Owner State Owner Zip Legal 1 Legal 2 Legal 3 1 65171653510030000 FELLOWSHIP OF LAS COLINAS 3501 N MACARTHUR BLVD SUITE 500 IRVING TEXAS 750623636 JAMES GIBSON ABST 1716 PG 535 TR 3 ACS 31.069 2 180016700A0020000 DUKE REALTY CORPORATION 5495 BELT LINE RD STE 360 DALLAS TEXAS 752547644 FREEPORT NORTH BLK A LT 2 ACS 17.824 3 65114049010050000 CH REALTY IV/BETHEL LP C/O CROW HOLDINGS 2100 MCKINNEY AVENUE SUITE 700 DALLAS TEXAS 752016909 WILLIAM K PAYNE ABST 1140 PG 490 TR 5 ACS 10.7278 & ABST 1753 4 18DFW0OS000000000 DALLAS CITY OF 1500 MARILLA DR DALLAS TEXAS 752016318 DALLAS FORT WORTH AIRPORT ACS 123.01 Surface Owners of Property Within 800 Feet Of Fellowship 1H-6H This document was created by the GIS Department of Chesapeake Energy Corporation. The information contained herein was derived from county tax records and data. No claims are made to the accuracy or completeness of the data or to its suitability for a particular use. 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 June 10, 2008 12 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid #RFP 0091 - Ambulance Debt Collections and Paramedic Software to Alexander Billing & Consulting Inc. in the amount of $84,780 for a three-year period; and authorizing the City Manager to sign. In an effort to improve the ambulance billing process, staff has identified a new vendor with superior service and results. Alexander Billing has a proven track record of; improving revenue through innovative collection techniques, excellent city and community services, cost effective procedures that streamline the process and reduce errors. Additionally, the company uses software that will integrate with field paramedics allowing them to enter patient information electronically in the field. The service requires a (3) year contractual agreement that staff has reviewed in great detail and recommends approval. Funds are budgeted in the Finance Department Other Professional Services for the costs associated with the billing and collections. Funds are available in the Fire Department for the cost of the software to be used by the paramedics. Staff recommends approval. (Ambulance Billing - 1 AR AGENDA REQUEST NARRATIVE ! 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"A %%’"! ’%,% "’’’’’’)) "% H I !=F D I F!’’% PROVIDER Initials _______ CONSULTANT Initials _______ ADDENDUM C AGREEMENT ON ACCOUNTS ASSIGNED FOR COLLECTION TO Credit Systems International, Inc. This agreement is made by and among Alexander Billing and Consulting, Inc. (CONSULTANT), The City of Coppell (PROVIDER) and Credit Systems International, Inc., (COLLECTION AGENCY) as independent entities, with no association, agency or partnership being established or intended by this agreement. PROVIDER has unpaid accounts which it desires to have collected, and COLLECTION AGENCY, which is qualified to collect such accounts as may be referred to it by PROVIDER or CONSULTANT, desires to collect same. 1. COLLECTION AGENCY agrees to the following: 1.1 To remit the PROVIDER’s share of any monies due them within 20 days of/after the end of the month with a net remittance. 1.2 To furnish invoices and written reports of placements and recoveries to PROVIDER and CONSULTANT on a monthly basis. 1.3 Never to have its attorney file suit without the PROVIDER’s or CONSULTANT’s permission. 1.4 Not to settle any accounts for less than ninety (90) percent of the PROVIDER’s share without proper authorization from the PROVIDER or CONSULTANT. 1.5 To conduct collection activities within the requirements of the Fair Debt Collection Practices Act (Title VII of the Consumer Credit Protection Act, 15 U.S.C. 1601) and any applicable state or local statutes. 1.6 To allow PROVIDER or CONSULTANT to withdraw an account placed in error. Justification for withdrawal includes, but is not limited to patient/guarantor bankruptcy. Cancellation fee of $1.00 per account shall be charged on accounts reported to the Credit Bureaus if PROVIDER or CONSULTANT mass cancels or withdraws such accounts for any reason. 1.7 To hold PROVIDER and CONSULTANT harmless and indemnify from any claim arising from action by COLLECTION AGENCY in the collection or attempted collection of any account referred to COLLECTION AGENCY. 2. CONSULTANT agrees to the following: 2.1 To use due diligence to ascertain that accounts assigned are legally due and the indicated responsible parties, dates and principal amounts are accurate. 2.2 To refer accounts ready for collection to the COLLECTION AGENCY on a monthly basis. 2.3 To report payments on referred accounts to COLLECTION AGENCY on a monthly basis. 3. PROVIDER agrees to the following: 3.1 To report all payments to CONSULTANT by forwarding (electronically or by mail) copies of all EOB’s, checks, and correspondence. 3.2 To pay COLLECTION AGENCY their agreed commission rates whether account payments are paid to the PROVIDER or directly to COLLECTION AGENCY and regardless of the source of payment (insurance, relatives, merchandise, etc.) COLLECTION AGENCY is entitled to its agreed commission from the date PROVIDER Initials_______ CONSULTANT Initials______ 2 of placement. (In Texas, gross collections are taxable as debt collection services. [Tax code, section 151.0036 and section 151.107]). 3.3 To pay CONSULTANT a 3% administrative fee on all payments made on accounts referred to COLLECTION AGENCY. 3.4 To pay COLLECTION AGENCY the full commissions on accounts which are withdrawn from COLLECTION AGENCY while in the process of immediate collections due to payment arrangements with the PROVIDER, insurance filings, etc. Accounts are assigned for an indefinite time but may be canceled by request due to billing issues, bankruptcies, as well as any situation where the debt is not owed. 3.5 To provide COLLECTION AGENCY with a thirty day (30) written notice upon termination of the agreement. 4. PROVIDER and CONSULTANT agree to hold COLLECTION AGENCY harmless and indemnify from any claim arising out of action by PROVIDER or CONSULTANT on any account referred to COLLECTION AGENCY. 5. COLLECTION AGENCY may offset any monies due PROVIDER against any unpaid invoice(s) which are unpaid more than thirty (30) days from date of invoice for both COLLECTION AGENCY and/or CONSULTANT. 6. COLLECTION AGENCY is authorized to accept and deposit negotiable instruments presented for payment on accounts placed for collection by PROVIDER/CONSULTANT (subject to Medicare reassignment prohibitions). ACKNOWLEDGED COMMISSION RATES PROVIDER, CONSULTANT and COLLECTION AGENCY agree to the following commission rates and administration fees: Collection Agency Services 24% Administration Fee: 3% This agreement applies to all accounts assigned prior to this date and to any further assignment unless modified in writing by all parties. _________________________________ _________ ___________________________________ PROVIDER SIGNATURE Date Printed Name/Title (Authorized Signature) _________________________________ _________ ____________________________________ CONSULTANT SIGNATURE Date Printed Name/Title (Authorized Signature) _________________________________ _________ Laura Emmons-Beam, Account Executive COLLECTION AGENCY SIGNATURE Date Printed Name/Title (Authorized Signature) ADDENDUM D ePCR VENDOR RELATIONSHIP I understand that the following software is being purchased from ESO SOLUTIONS by The City of Coppell through a billing agreement with Alexander Billing & Consulting, Inc. # ITEM/SERVICE UNIT PRICE QTY PAID UP FRONT RATE 1 ESO Pro™ ePCR Suite Annual Subscription fee $7,995 1 4% of cash receipts 2 ESO Pro™ Mobile Licenses $695 6 $4,170 3 Training – 3 days, plus expenses 3 $3,635 4 CAD Interface $3995 1 $3,995 5 Cardiac Interface $3995 1 $3,995 TOTAL $15,795 4% Payment Plan Alexander agrees to pay the above mentioned software fees to ESO Solutions and The City of Coppell agrees to pay the above mentioned software fees to Alexander. The contract between ESO Solutions and the City of Coppell will automatica lly renew annually according to the ESO Solutions Software License Agr eement. Alexander will pay ESO Solutions on the contract renewal date for the full annual subscription fee and invoice The City of Coppell monthly. Cancellation Fees Should The City of Coppell cancel billing or ePCR contract with Alexander Billing & Consulting, Inc., The City of Coppell will be responsible for full payment to Alexa nder of a cancellation fee equal to the annual subscription fee ($7,995). Alexander will invoice The City of Coppell upon written notice of cancellation and payment will be due 30 days from ca ncellation date. Provider Signature Consultant Signature ______________________________________ ______________________________________ Provider Printed Name/Title ______________________________________ Consultant Printed Na me/Title ______________________________________ Signature ________________________ Signature ___________________ Date Date SUBSCRIPTION AGREEMENT This Subscription Agr eement (the “Agr eement”) is ma de as of the date of last execution below (the “Effective Date”) a nd enter ed into by and between ESO Solutions, Inc., a Texas corporation with its principal plac e of business at 3005 South Lamar Blvd., Suite D 109-372, Austin, Texas 78704 (her einafter referred to as “ESO”), and Coppell Fir e Department, with its principal place of business at 255 Parkway Blvd., Coppell, Texas 75019 (her einafter referred to as “Customer”), with refer ence to the following: WHEREAS, ESO is in the business of providing electronic patient care reporting ser vices to businesses and municipalities which pr ovide emer gency patient care, and Customer desir es to obtain the services from ES O, all upon the ter ms and conditions set forth her ein. NOW THEREFORE, Customer and ESO her eby mutually agree as follows: 1. Services. ESO shall pr ovide to Customer, during the Term, the services and/or software license (collectively, the “Services”) selected by Customer on Exhibit A attached her eto. 2. Term. The Ter m of the Agr eement shall commence on the Effective Date and shall ter minate one year after the Effective Date. The Agr eement shall automatically renew for successive r enewal ter ms of one year each, unless one party gives the other party written notice that the Agr eement will not renew, at least thirty (30) days prior to the end of the then-current Term. 3. Subscription Fees, Invoices and Payment Terms. a. Subscription Fees and License F ee. Customer shall pay to ESO the Subscription F ees for the Services as indicated on Exhibit A, and for ePCR, Customer shall pay an estimate of the annual Subscription Fees in accordance with subparagraph b. below. If Customer is licensing the S oftware (as hereinafter defined), Customer shall pay to ESO the one-time License Fee indicated on Exhibit A. Customer will be invoiced for the yearly Subscription F ees on a n annual basis, in advance, and all invoices shall be payable within thirty (30) da ys. b. Estimated Subscription Fees for ePCR and Settlement Invoices. Customer shall pay to ESO the annual Estimated Subscription F ees for the ePCR Suite as indicated in Exhibit A. At least once ever y year (and mor e often, at the option of ESO), ESO shall include a settlement invoice with its regular annual invoice. The settlement invoice shall be for the a mount, if a ny, by which the actual Subscription F ees for ePCR payable by Customer for the prior period exceed the estimated Subscription Fees for ePCR paid by Customer for the prior period. The settlement invoice shall be due and payable on the same ter ms as ESO’s regular invoices. From time to time, but no mor e often than once ever y six months, ESO ma y adjust the annual Estimated Subscription Fees for ePCR, based upon an average of the actual Subscription Fees due to ESO from Customer over the prior period. c. Payment of Invoices. Customer shall pay invoices received from ESO within thirty (30) da ys after the receipt of the invoice (the “Due Date”). d. Disputed Invoices. If Customer in good faith disputes any portion of any ESO invoice, Customer shall submit to ESO, by the Due Date, full payment of the undisputed portion of the invoice a nd written documentation identifying and substantiating the disputed a mount. If Customer does not r eport a dispute within thirty (30) days following the Due Date of the applicable invoice, Customer shall ha ve waived its right to dispute that invoice. Any disputed a mounts deter mined to be payable to ESO sha ll be due within ten (10) days of the resolution of the dispute. 2 4. Termination. a. Termination by Customer for Cause. If ESO fails to perfor m a material obligation under this Agr eement and does not remedy such failur e within thirty (30) days following written notice fr om Customer (“ESO Default”), Customer ma y ter minate this Agr eement without any further liability except for the payment of all accrued but unpaid Subscription F ees. If ESO is unable to provide S ervice(s) for ninety (90) consecutive da ys due to a Force Majeur e event as defined in S ection 11a, Force Majeure, Customer ma y ter minate the affected S ervice(s) without liability to ESO. b. Termination by ESO for Customer Default. ESO ma y ter minate this Agr eement with no further liability if (i) Customer fails to ma ke payment as requir ed under this Agr eement and such failur e rema ins uncorrected for five (5) days following written notice from ESO, or (ii) Customer fails to perfor m any other material obligation under this Agreement and does not r emedy such failur e within fifteen (15) days following written notice from ESO (her einafter collectively referred to as “Customer Default”). In the event of a Customer Default, ESO shall have the right to (i) terminate this Agreement; (ii) suspend all Service(s) being provided to Customer, (iii) terminate the license to use the S oftware, if Customer has licensed the Software, (iv) apply inter est to the a mount past due, at the rate of one and one-half percent (1½%) (or the maximum legal rate, if less) of the unpaid a mount per month; (v) offset a ny a mounts that are owed to Customer by ESO aga inst the past due a mount then owed to ESO, and/or (vi) take any action in connection with a ny other right or remedy ESO may have under this Agreement, at law or in equity. If this Agreement is ter minated due to a Customer Default, Customer shall rema in liable for all Subscription F ees and other charges due to ESO. In addition, Customer agrees to pay ESO’s reasonable expenses (including attorney and collection agency fees) incurred in enforcing ESO’s rights in the event of a Customer Default. 5. Delivery of Data upon Expiration or Termination of Agreement. Within thirty (30) days after the expiration of this Agr eement or the ter mination of this Agr eement pursuant to S ection 4a above, ESO will deliver to Customer its data, in machine r eadable format, on tape or on CD, at Customer’s option. Customer shall reimburse ESO for the cost of the tape(s) on which Customer’s data is deliver ed to Customer. If Customer wants the data to be deliver ed in a medium other than tape or CD, ESO shall do its best to accommodate Customer, provided Customer shall provide the medium on which the data is to be provided and shall pay for any additional cost incurred by ESO in accommodating this request. 6. System Maintenance. In the event ESO deter mines that it is necessary to interrupt the S ervices or that ther e is a potential for Ser vices to be interrupted for the performa nce of system ma intenance, ESO will use good-faith efforts to notify Customer prior to the perfor mance of such ma intenance and will schedule such ma intena nc e during non-pea k hours (midnight to 6 a.m. local time). In no event shall interruption for system ma intenanc e constitute a failure of perfor mance by ESO. 7. Access to Internet. Customer is solely r esponsible for obtaining a nd providing for its own br oadband connections and/or connections to the Internet, and ESO ma kes no r epresentations regarding the advisability of any provider or particular network to Customer. If Customer elects to license the ESO Pro Software, then Customer’s network and Internet access must meet the minimum requirements set forth in Paragraph 8 below. 8. Software License and S upport. If Customer elects to license ESO’s proprietary ESO Pro Software (the “Software”), the provisions of this Section 8 shall apply. a. License of Software. Subject to the ter ms, conditions and r estrictions in this Agr eement and in exchange for the License Fee, ESO hereby grants to Customer a non-exclusive, world-wide, non-transferable license, for the ter m of this Agr eement, to use and copy (for installation and backup purposes only) the Software. b. Ownership and Restrictions. This Agr eement does not convey any rights of ownership in or title to the Software or any copies ther eof. All right, title a nd inter est in the Software and a ny copies or derivative works ther eof will r ema in the property of ESO. Licensee will not: (a) disassemble, r everse engineer or 3 modify the Software; (b) allow a ny third party to use the Software; (c) use the Software as a component in any product or service provided by Customer to a third party; (d) transfer, sell, assign, or other wise convey the Software; (e) remove a ny proprietary notices placed on or contained within the S oftware; or (f) copy the Software except for backup purposes. Licensee will keep the S oftware fr ee and clear of all claims, liens, and encumbrances. c. License F ee. Customer shall pay to ESO the one-time license fee indicated on Exhibit A for the license granted in this Agr eement. The License F ee is non-r efundable. The Software shall be consider ed accepted upon delivery to Customer. d. Support and Updates. During the ter m of this Agr eement, ESO shall provide to Customer the support services and will meet the ser vice levels as set forth on Exhibit B attached her eto. ESO will also provide to Customer Updates, in accordance with Exhibit B. e. Other S ervices. Upon request by Customer, ESO ma y provide services r elated to the Software other than the standard support described above, at ESO’s then-current labor rates. This may include on-sit e consultation, customization, and initial technical assistance and training for the purpose of installing the Software a nd training selected personnel on the use and support of the Software. ESO will undertake reasonable efforts to accommodate any written request by Customer for such professional services. f. Title. ESO hereby r epresents and warrants to Customer that ESO is the owner of the S oftware or other wise has the right to grant to Customer the rights set forth in this Agr eement. In the event any br each or threatened breach of the foregoing repr esentation and warranty, Customer's sole remedy shall be to r equir e ESO to either: i) procure, at ESO's expense, the right to use the Software, ii) r eplace the Software or any part ther eof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) r efund to Customer the full amount of the License F ee upon the r eturn of the Software and all copies ther eof to ESO. g. Indemnification by Customer. Customer will defend and indemnify ESO from any and all claims brought against ESO by third parties and will hold ESO harmless from all corresponding losses incurred by ESO arising out of or related to (i) Customer’s misuse of the Software, (ii) any services provided by Customer to thir d parties, or (iii) Customer’s negligence or inaction in connection with the services it provides to thir d parties. 9. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR P UNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT. ADDITIONALLY, ESO SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ACTUAL DAMAGES IN EXCESS OF THE AGGREGATE AMOUNT THAT ESO HAS PRIOR TO SUCH TIME COLLECTED FROM CUSTOMER WITH RESPECT TO SERVICES DELIVERED HEREUNDER. FURTHERMORE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, EITHER IN CONTRACT OR IN TORT, FOR PROTECTION FROM UNAUTHORIZED ACCESS OF CUSTOMER DATA OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER DATA FILES, PROGRAMS, PROCEDURE OR INFORMATION NOT CONTROLLED BY ESO, THROUGH ACCIDENT OR FRAUDULENT MEANS OR DEVICES. 10. Acknowledgements and Disclaimer of Warranties. Customer acknowledges that ESO cannot guarantee that ther e will never be any outages in ESO’s network and that no cr edits shall be given in the event Customer ’s access to ESO’s network is interrupted. UNLESS OTHERWISE SPECIFIED HEREIN, ESO MAKES NO WARRANTY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE, OF ANY SERVICE OR SOFTWARE PROVIDED HEREUNDER OR 4 DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER (INCLUDING WITHOUT LIMITATION THAT THERE WILL BE NO IMPAIRMENT OF DATA), ALL OF WHICH WARRANTIES BY ESO ARE HEREBY EXCLUDED AND DISCLAIMED. 11. Confidential Information. “Confidential Infor mation” shall mea n all infor mation disclosed in writing by one party to the other party that is clearly marked “CONFIDENTIAL” or “PROPRIETARY” by the disclosing party at the time of disclosure. Confidential Infor mation does not include any infor mation that (i) was alr eady known by the receiving party fr ee of any obligation to keep it confidential at the time of its disclosure; (ii) becomes publicly known through no wrongful act of the r eceiving party; (iii) is rightfully received from a third person without knowledge of any confidential obligation; (iv) is independently acquir ed or developed without violating a ny of the obligations under this Agreement; or (v) is approved for release by wr itten authorization of the disclosing party. A recipient of Confidentia l Infor mation shall not disclose the infor mation to any person or entity except for the recipients a nd/or its employees, contractors and consultants who have a need to know such Confidential Infor mation. The r ecipient ma y disclose Confidential Infor mation pursuant to a judicial or gover nmental request, requir ement or order; provided that the recipient shall take all reasonable steps to give prior notice to the disclosing party. Confidential Infor mation sha ll not be disclosed to any third party without the prior written consent of the owner of the Confidential Infor mation. The recipient shall use Confidential Infor mation only for purposes of this Agr eement and shall protect Confidential Infor mation from disclosure using the sa me degr ee of care used to protect its own Confidential Infor mation, but in no event less than a reasonable degr ee of care. Confidential Infor mation shall r emain the property of the disclosing party and shall be returned to the disclosing party or destroyed upon request of the disclosing party. Because monetary da mages may be insufficient in the event of a breach or threatened br each of the foregoing provisions, the affected party may be entitled to seek a n injunction or restraining order in addition to such other rights or remedies as may be available under this Agr eement, at law or in equity, including but not limited to monetary da mages. 12. Miscellaneous. a. Force Majeur e. Neither party shall be liable to the other, nor deemed in default under this Agreement if a nd to the extent that such party’s perfor mance of this Agreement is dela yed or prevented by r eason of Forc e Majeur e, which is defined for this Agreement to mea n an event that is beyond the reasonable control of the party affected and occurs without such party’s fault or negligence. b. Entir e Agr eement and Governing Law. This Agreement and a ny Business Associate Agreement (as that ter m is used in the Hea lth Insurance Portability and Accountability Act and r elated regulations) that is executed by the parties constitute the entire agr eement between ESO and Customer pertaining to the subject matter her eof and supersedes all prior and contemporaneous agr eements and understandings in connection her ewith. Unless otherwise specified her ein, this Agr eement ma y be modified or supplemented only by an instrument in writing executed by each party. This Agreement shall be governed by the la ws of the State of Texas without regard to its principles of choice of law. c. No Press Releases without Consent. Neither party ma y use the other party's na me or trademar ks, or issue any publicity or make any public statements concerning the other party or the existence or content of this Agr eement, without the other party's prior written consent. Notwithstanding, Customer agrees that ESO ma y use Customer’s na me a nd logo in ESO sales pr esentations, without Customer’s prior written consent, during the Ter m of this Agreement, but only for the purposes of identifying the Customer as a customer of ESO. Likewise, Customer ma y use ESO's na me and logo to identify ESO as a vendor or provided for Customer. d. Assignment. Customer ma y only assign this Agr eement if it has received the prior written consent to such assignment from ESO, which consent shall not be unr easonably withheld. 5 e. Compliance with Laws. Both parties shall comply with and give all notices required by all applicable federal, state and local laws, ordinances, rules, regulations and lawful or ders of any public authority bearing on the perfor ma nce of this Agr eement. f. Notices. All notices and other communications her eunder shall be in writing and shall be deemed to have been duly given as of the date of deliver y or confir med facsimile or ema il transmission. Notices must be deliver ed or sent to the parties’ respective addresses set forth above. g. Taxes. Unless other wise r equir ed by la w, Customer will be r esponsible for and will remit (or will reimburse ESO for) all taxes of any kind, including sales, use, duty, customs, withholding, property, value- added, and other similar federal, state or local taxes (other than taxes based on ESO’s net income) imposed in connection with the provision of S ervices or the licensing of the Software to Customer provided under this Agreement. IN WITNESS WHEREOF, the parties have executed this Agr eement as of the date last written below. ESO SOLUTIONS, INC. Customer: By: By: Name: Name: Title: Title: Date: Date: Telephone: Email: Telephone: Email: 6 EXHIBIT A SOFTWARE FEE SCHEDULE Customer her eby selected the following ESO Services, at the fees indicated: Selected (check all that apply) ESO Services Actual Subscription Fees or License Fee Annual Estimated S ubscription Fees (applicable only to ePCR) X ESO Pro™ ePCR Suite Base rate for 5,000 calls or fewer calls To be paid by Alexander Billing, Inc. ESO Solutions Billing S ervices N/A X ESO Pro™ Software License F ee 6 mobile licenses To be paid by Alexander Billing, Inc. 7 EXHIBIT B SUPPORT SERVICES AND SERVICE LEVELS This Exhibit describes the software support services (“Support Services”) that ESO will provide and the service levels that ESO will meet. 1. Definitions. Unless defined otherwise herein, capitalized terms used in this Exhibit shall have the same meaning as set forth in the Agreement. (a) “Customer Service Representative” shall be the person at ESO designated by ESO to receive notices of Errors encountered by Customer that Customer’s Administrator has been unable to resolve. (b) “Error” means any failure of the Software to conform in any material respect with its published specifications. (b) “Error Correction” means a bug fix, patch, or other modificat ion or addit ion that brings the Software into material conformit y wit h its published performance specifications. (c) “Priorit y A Error” means an Error which renders the Software inoperative or causes a complete failure of the Software. (d) “Priorit y B Error” means an Error which substant ially degrades the performance of the Software or materially restricts Customer’s use of the Software. (e) “Priorit y C Error” means an Error which causes only a minor impact on Customer’s use of the Software. (f) “Update” means any new commercially available or deplo yable versio n of the Software, which may include Error Corrections, enhancements or other modifications, issued by ESO fro m time to time to its Customers. (h) “Normal Business Hours” means 8:00 am to 5:00 pm Monday through Friday, Central T ime Zone. 2. Customer Obligations. Customer will provide at least one administrative emplo yee (the “Administrator” or “Administrators”) who will handle all requests for first-level support fro m Customer’s emplo yees wit h respect to the Software. Such support is intended to be the “front line” for support and informat ion about the Software to Customer’s emplo yees. ESO will provide training, documentation, and materials to the Administrators to enable the Administrators to provide technical support to Customer’s emplo yees. The Administrators will refer any Errors to ESO’s Customer Service Representative that the Administrators cannot resolve, pursuant to Section 3 below; and the Administrators will assist ESO in gathering informat ion to enable ESO to ident ify problems wit h respect to reported Errors. 3. Support Services. (a) Scope. As further described herein, the Support Services consist of: (i) Error Corrections that the Administrator is unable to resolve, to ESO’s best abilit y, and (ii) periodic delivery o f Error Corrections and Updates. The Support Services will be available to Customer during normal business hours, to the extent practicable. Priorit y A Errors encountered after normal business hours may be 8 communicated to the Customer Service Representative via telephone or email. Priorit y B and C Errors encountered after normal business hours shall be communicated via email. (b) Procedure. (i) Report of Error. In reporting any Error, the Customer’s Administrator will describe to ESO’s Customer Service Representative the Error in reasonable detail and the circumstances under which the Error occurred or is occurring; the Administrator will init ially classify the Error as a Priorit y A, B or C Error. ESO reserves the right to reclassify the Priority o f the Error. (ii) Efforts Required. ESO shall exercise co mmercially reasonable efforts to correct any Error reported by the Administrator in accordance wit h the priorit y level assigned to such Error by the Administrator. Errors shall be co mmunicated to ESO’s Customer Service Representative after hours as indicated below, depending on the priority level o f the Error. In the event of an Error, ESO will wit hin the time periods set forth below, depending upon the priorit y level o f the Error, commence verification o f the Error; and, upon verificat ion, ESO will co mmence Error Correction. ESO will work diligent ly to verify the Error and, once an Error has been verified, and until an Error Correction has been provided to the Adminis trator, shall use commercially reasonable, diligent efforts to provide a workaround for the Error as soon as reasonably pract icable. ESO will provide the Administrator with periodic reports on the status of the Error Correction on the frequency as indicated below. Priorit y of Error Communicat ing Error to ESO after Normal Business Hours Time in Which ESO Will Co mmence Verificat ion Frequency of Periodic Status Reports Priorit y A Telephone or email Wit hin 8 hours fro m notification Every 4 hours unt il resolved Priorit y B Email Wit hin 1 business day fro m notificat ion Every 6 hours unt il resolved Priorit y C Email Wit hin two calendar weeks fro m notification Every week unt il resolved 4. ESO Server Administration. (a) ESO is responsible for maintenance of Server hardware. Server administration includes: (i) Monitoring and Response (ii) Service Availabilit y Monitoring (iii) Backups (iv) Maintenance A. Microsoft Patch Management B. Securit y patches to supported applicat ions and related components C. Event Log Monitoring D. Log File Maintenance E. Drive Space Monitoring (v) Security (vi) Virus Definit io n & Prevent ion (vii) Firewall 9 EXHIBIT C BUSINESS ASSOCIATES AGREEMENT This Agreement (this "Agr eement") is ma de a nd enter ed into as of the contract execution date by and between ESO Solutions Inc, ("Business Associate") a State of Texas corporation and the City of Coppell. WHEREAS, Business Associate acknowledges that Cover ed Entity has in its possession data that contains individual identifiable health infor mation as defined by Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 ("HIPAA") and the r egulations promulgated ther eunder; and WHEREAS, Business Associate a nd Cover ed Entity are parties to an agreement (the "S ervice Agr eement"), pursuant to which the fulfillment of the Parties' obligations ther eunder necessitates the excha nge of, or access to, data including individual identifiable hea lth infor mation, NOW, THEREFORE, in consideration of the mutual promises and covenants her einafter contained, the Parties agree as follows: ARTICLE 1 DEFINITIONS Terms used, but not other wise defined, in this Agr eement shall have the mea nings set forth below. 1.1 "HHS Transaction Standard Regulation" mea ns the Code of F ederal Regulations ("CFR") at Title 45, Sections 160 and 162. 1.2 “Individual” mea ns the subject of PHI or, if deceased, his or her personal representative. 1.3. "Parties" shall mea n the Cover ed Entity and Business Associate. (Cover ed Entity and Business Associate, individually, may be referr ed to as a "Party.") 1.4 “Privacy Rule” shall mea n the Standards for Privacy of Individually Identifiable Hea lth Infor mation at 45 CFR Part 160 and Part 164, Subparts A and E. 1.5 “PHI” shall have the sa me mea ning as the term “protected hea lth infor mation in 45 CFR §164.501, limited to the infor mation created or received by Business Associate from or on beha lf of the Cover ed Entity. 1.6 “Required By Law” shall have the same mea ning as “required by law” in 45 CFR §164.501. 1.7 “Secretary” shall mean the S ecr etary of the Department of Health and Human S ervices or his designee. ARTICLE 2 CONFIDENTIALITY 2.1 Obligations and Activities of Business Associate. Business Associate agrees as follows: (a) not to use or further disclose PHI other than as permitted or requir ed by this Agr eement or as Requir ed By Law; (b) to establish, ma intain, and use appropriate safeguards to pr event use or disclosure of the PHI other than as permitted her ein; (c) to r eport to Cover ed Entity any use, access or disclosure of the PHI not provided for by this Agr eement, or any misuse of the PHI, including but not limited to systems compromises of which 10 it becomes aware and to mitigate, to the extent practicable, a ny harmful effect that is known to Business Associate as a result thereof; (d) to enforce and ma intain appropriate policies, procedures, and access control mecha nisms to ensur e that any a gent, including a subcontractor, to whom it provides PHI r eceived from, or cr eated or received by Business Associate on behalf of Cover ed Entity agrees to the same restrictions and conditions that apply through this Agr eement to Business Associate with respect to such infor mation. The access and privileges granted to any such a gent shall be the minimum necessary to perfor m the assigned functions; (e) to provide access, at the r equest of Cover ed Entity, and in the time and ma nner r easonable designated by Covered Entity, to PHI in a Designated Record Set (as defined in the Privacy Rule), to Cover ed Entity or, as dir ected by Cover ed Entity, to a n Individual in order to meet the requir ements under 45 CFR §164.524; (f) to make a ny amendment(s) to PHI in a Designated Record Set that the Cover ed Entity dir ects or agrees to pursuant to 45 CFR §164.526 at the r equest of Covered Entity or an Individual, and in the time and manner reasonably requested by Cover ed Entity. (g) to ma ke inter nal practices, books, and r ecords r elating to the use a nd disclosure of PHI r eceived from, or created or received by Business Associate on behalf of, Cover ed Entity available to the Cover ed Entity, or at the r equest of the Cover ed Entity to the S ecr etary, in a time a nd ma nner reasonably r equested by Cover ed Entity or designated by the S ecr etary, for purposes of the Secr etary deter mining Cover ed Entity’s compliance with the Privacy Rule; (h) to document such disclosur es of PHI, and infor mation related to such disclosur es, as would b e requir ed for Cover ed Entity to respond to a request by an Individual for an accounting of disclosur es of PHI in accordance with 45 CFR §164.528; (i) to provide to Cover ed Entity or an Individual, in a time and ma nner reasonably r equested by Cover ed Entity, infor mation collected in accor dance with S ection 2.1(i) above to per mit Cover ed Entity to respond to a request by an Individual for an accounting of disclosur es of PHI in accordance with 45 CFR §164.528; (j) to promptly notify Cover ed Entity of all actual or suspected instances of deliberate unauthorized attempts (both successful and unsuccessful) to access PHI; (k) to maintain and enforce policies, procedures and processes to protect physical access to hardware, software and/or media containing PHI (e.g., hardcopy, tapes, removable media, etc. ) against unauthorized physical access during use, storage, transportation, disposition and /or destruction. (l) to ensure that access controls in place to protect PHI and processing r esources from unauthorized access are controlled by two-factor identification and authentication: a user ID a nd a Token, Password or Biometrics. 2.2 Disclosures Required By Law. In the event that Business Associate is required by la w to disclose PHI, Business Associate will immediately provide Cover ed Entity with written notice and provide Cover ed Entity an opportunity to oppose any request for such PHI or to take whatever action Cover ed Entity deems appropriate. 2.3 Specific Use and Disclosure Provisions. (a) Except as otherwise limited in this Agr eement, Business Associate ma y use PHI only to carry out the legal r esponsibilities of the Business Associate under the Service Agr eement. 11 (b) Except as otherwise limited in this Agr eement, Business Associate ma y only disclose PHI (i) as Requir ed By Law, or (ii) in the fulfillment of its obligations under the Ser vice Agreement and provided that Business Associate has first obtained (A) the consent of Cover ed Entity for such disclosur e, (B) reasonable assurances from the person to whom the infor mation is disclosed that the PHI will rema in confidential and used or further disclosed only as Requir ed By Law or for the purpose for which it was disclosed to the person, and (C) reasonable assurances fr om the person to whom the infor mation is disclosed that such person will notify the Business Associate of a ny instances of which it is aware in which the confidentiality of the infor mation has been breached. 2.4 Obligations of Cover ed Entity. (a) Cover ed Entity shall notify Business Associate of a ny limitations in its notice of privacy practices of Cover ed Entity in accordance with 45 CFR §164.520, to the extent that such limitation ma y affect Business Associate's use or disclosur e of PHI. (b) Cover ed Entity shall notify Business Associate of any cha nges in, or revocation of, per mission by an Individual to use or disclose PHI, to the extent that such changes ma y affect Business Associate’s use or disclosur es of PHI. (c) Cover ed Entity shall notify Business Associate of any r estriction to the use or disclosure of PHI that Cover ed Entity has agr eed to in accordance with 45 CFR §164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. (d) For any PHI received by Cover ed Entity from Business Associate on behalf of a third party or another cover ed entity, Cover ed Entity agrees to be bound to the obligations and activities of Business Associate enumerated in Section 2.1 as if and to the sa me extent Cover ed Entity was the na med Business Associate hereunder. 2.5 Per missible Requests by Cover ed Entity. Cover ed Entity shall not request Business Associate to use or disclose PHI in any ma nner that would not be per missible under the Privacy Rule if done by the Covered Entity. 2.6 Policy and Procedur e Review. Upon r equest, Business Associate shall ma ke available to Cover ed Entity any and all documentation releva nt to the safeguarding of PHI including but not limited to current policies and procedures, operational ma nuals and/or instructions, and/or employment and/or third party agreements. ARTICLE 3 SECURITY [3.1 Government Healthcare Program Representations. Business Associate her eby repr esents and warrants to Cover ed Entity, its shareholders, members, directors, officers, agents, or employees have been excluded or ser ved a notice of exclusion or have been ser ved with a notice of proposed exclusion, or ha ve committed any acts which are cause for exclusion, from participation in, or ha d any sanctions, or civil or criminal pena lties imposed under, any federal or state healthcare program, including but not limited to Medicare or Medicaid, or have been convicted, under federal or state la w (including without limita tion a plea of nolo contender e or participation in a first offender deterred a djudication or other arrangement whereby a judgment of conviction has been withheld), of a criminal offense r elated to (a) the neglect or abuse of a patient, (b) the delivery of a n item or ser vice, including the performance of ma nagement or administrative services r ela ted to the delivery of an item or service, under a federal or state healthcare progra m, (c) fraud, theft, embezzlement, 12 breach of fiduciary responsibility, or other financial misconduct in connection with the deliver y of a healthcare item or service or with respect to any act or omission in any program operated by or financed in whole or in party by any federal, state or local gover nment a gency, (d) the unlawful, manufacture, distribution, prescription, or dispensing of a controlled substance, or (e) interference with or obstruction of any investigation into any criminal offens e described in (a) through (d) above. Business Associate further agrees to notify Cover ed Entity immediately after Business Associate becomes aware that the for egoing representation and warranty ma y be inaccurate or may be incorrect.] 3.2 Security Procedur es. Each Party shall employ security procedur es that comply with HIPAA and all other applicable state and federal laws and r egulations (collectively, the "Law") and that are commer cially reasonable, to ensure that transactions, notices, and other infor mation that are electronically cr eated, communicated, processed, stor ed, retained or retrieved are authentic, accurate, reliable, complete a nd confidential. Moreover, each Party shall, and shall requir e any agent or subcontractor involved in the electronic exchange of data to: (a) requir e its agents and subcontractors to provide security for all data that is electronically excha nged between Covered Entity and Business Associate; (b) provide, utilize, and ma intain equipment, software, ser vices and testing necessary to assure the secure and reliable transmission and receipt of data containing PHI; (c) ma intain and enforce security ma nagement policies and procedur es and utilize mechanisms and processes to prevent, detect, record, analyze, contain and resolve unauthorized access attempts to PHI or processing resources; (d) ma intain a nd enforce polices and guidelines for workstation use that delineate appropriate use of workstations to maximize the security of data containing PHI; (e) ma intain and enforce policies, procedur es and a for ma l progra m for periodically r eviewing its processing infrastructure for potential security vulnerabilities; (f) implement and maintain, and r equir e its agents and subcontractors to implement and ma intain, appropriate and effective administrative, technical a nd physical safeguards to pr otect the security, integrity a nd confidentia lity of data electronica lly exchanged between Business Associate and Cover ed Entity, including access to data as provided herein. Each Party and its agents and subcontractors shall keep all security measur es current and shall document its security measures implemented in written policies, procedures or guidelines, which it will provide to the other Party upon the other Party’s request. ARTICLE 4 EXCHANGE OF STANDARD TRANSMISSIONS 4.1 Obligations of the Parties. Each of the Parties agr ees that for the PHI, (a) it will not change any definition, data condition or use of a data element or segment as proscribed in the HHS Transaction Standard Regulation. (b) it will not add any data elements or segments to the maximum denied data set as proscribed in the HHS Transaction Standard Regulation. (c) it will not use any code or data elements that are either marked "not used" in the HHS Standard's implementation specifications or are not in the HHS Transaction Standard's implementation specifications. 13 (d) it will not change the mea ning or intent of any of the HHS Transaction Standard's implementation specifications. 4.2 Incorporation of Modifications to HHS Transaction Standards. Each of the Parties agr ees and understands that from time-to-time, HHS may modify and set complianc e dates for the HHS Transaction Standards. Each of the Parties agrees to incorporate by refer ence into this Agr eement any such modifications or cha nges. 4.3 Business Associate Obligations. (a) Business Associate shall not submit duplicate transmissions unless so requested by Cover ed Entity. (b) Business Associate shall only perfor m those transactions, which are authorized by Cover ed Entity. Further mor e, Business Associate assumes a ll liability for any da ma ge, whether direct or indirect, to the electronic data or to Cover ed Entity's systems caused by Business Associate's unauthorized use of such transactions. (c) Business Associate shall hold Cover ed Entity har mless from any claim, loss or dama ge of any kind, whether dir ect or indirect, whether to person or property, arising out of or related to (1) Business Associate's use or unauthorized disclosure of the electronic data; or (2) Business Associate’s submission of data, including but not limited to the submission of incorrect, misleading, incomplet e or fraudulent data. (d) Business Associate agrees to maintain adequate back-up files to recreate transmissions in the event that such recr eations become necessary. Back-up tapes shall be subject to this Agreement to the same extent as original data. (e) Business Associate agr ees to trace lost or indecipherable transmissions and ma ke reasonable efforts to locate a nd translate the sa me. Business Associate shall bear all costs associated with the recr eation of incomplete, lost or indecipherable transmissions if such loss is the r esult of an act or omission of Business Associate. (f) Business Associate shall ma intain, for seven (7) years, true copies of any source documents from which it produces electronic data. (g) Except encounter data furnished by Business Associate to Cover ed Entity, Business Associate shall not (other than to correct errors) modify any data to which it is granted access under this Agr eement or derive new data from such existing data. Any modification of data is to be r ecorded, and a r ecord of such modification is to be retained by Business Associate for a period of seven (7) years. (h) Business Associate shall not disclose security access codes to any third party in any ma nner without the express written consent of Covered Entity. Business Associate further mor e acknowledges that Covered Entity ma y change such codes at any time without notice. Business Associate shall assume r esponsibility for any da ma ges arising fr om its disclosure of the security access codes or its failure to pr event any third party use of the system without the expr ess written consent of Cover ed Entity. (i) Business Associate shall ma intain general liability coverage, including coverage for general commercial liability, for a limit of not less tha n one million dollars, as well as other coverage as Cover ed Entity ma y r equire, to compensate any parties da ma ged by Business Associate's negligence. Business Associate shall provide evidence of such coverage in the for m of a certificate 14 of insurance and agrees to notify Cover ed Entity and/or HOI immediately of any reduction or cancellation of such coverage. (j) Business Associate agrees to conduct testing with Covered Entity to ensure deliver y of files that are HIPAA-AS Compliant and to accommodate Cover ed Entity specific business requir ements. 4.4 Confidential and Proprietary Infor mation (a) Proprietary Infor mation Business Associate acknowledges that it will have access to certain proprietary infor mation used in Cover ed Entity’s business. Cover ed Entity’s proprietary infor mation derives its commercial valu e from the fact that it is not a vailable to competitors or any third parties, and the disclosur e of this infor mation would or could impa ir Cover ed Entity’s competitive position or otherwise pr ejudice its ongoing business. Business Associate agr ees to treat as confidentia l, and shall not use for its own commercial purpose or any other purpose, Cover ed Entity’s proprietary infor mation. Business Associate shall safeguard Cover ed Entity’s proprietary infor mation against disclosure except as ma y be expressly per mitted her ein. Such proprietary infor mation includes, but is not limited to, confidential infor mation concerning the business operations or practices of Cover ed Entity, including specific technology processes or capabilities. ARTICLE 5 MISCELLANEOUS 5.1 Indemnification. Each Party agrees to indemnify the other for any da mages, costs, expenses or liabilities, including legal fees and costs, arising from or related to a breach of such Party's obligations her eunder. 5.2 Term and Ter mination. (a) Term. The Ter m of this Agreement shall be effective as of the date first written above, and shall ter minate when all of the PHI provided by Cover ed Entity to Business Associate, or cr eated or received by Business Associate on behalf of Cover ed Entity is destroyed or returned to Cover ed Entity, or, if it is infeasible to return or destroy PHI, protections are extended to such infor mation, in accordance with the ter mination provisions in this Section. (b) Termination for Cause. Upon a material br each by Business Associate of it obligation her eunder, Cover ed Entity ma y (i) ter minate this Agr eement and the Service Agreement; and (ii) r eport the violation to the S ecr etary. (c) Effect of Termination. (i) Except as provided in paragraph 5.2(c)(ii), upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from Cover ed Entity, or created or received by Business Associate on behalf of Cover ed Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. (ii) In the event that Business Associate deter mines that returning the PHI is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that ma ke r eturn or destruction infeasible. Upon Cover ed Entity's agreement that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agr eement to such PHI and limit further uses and 15 disclosur es of such PHI to those purposes that ma ke the return or destruction infeasible, for so long as Business Associate maintains such PHI. 5.3 Disputes. Any controversy or claim arising out of or relating to the Agr eement will be finally settled by compulsory arbitration in accordance with the Commercial Arbitration Rules of the Amer ican Arbitration Association ("AAA"), except for injunctive relief as described below. 5.4 Injunctive Relief. Notwithstanding any rights or remedies provided for in Section 5.3, Cover ed Entity retains all rights to seek injunctive relief to prevent the unauthorized use of disclosure of PHI by Business Associate or any agent, contractor or third party that received PHI from Business Associate. 5.5 Regulator y Refer ences. A refer ence in this Agr eement to a section in the Privacy Rule mea ns the section as in effect or as amended. 5.6 Amendment. The Parties agr ee to take such action as is necessary to a mend this Agr eement from time to time to the extent necessary for Cover ed Entity to comply with the requir ements of HIPAA and its r egulations. All amendments to this agreement shall be in writing and signed by both parties. 5.7 Survival. The respective rights and obligations of Business Associate and Cover ed Entity under Sections 4.5, 5.1 and 5.2(c) of this Agr eement shall survive the ter mination of this Agr eement. 5.8 Limitation of Da mages. Other tha n liabilities under S ection 5.1, neither party shall be liable to the other for any special, incidental, exemplary, punitive or consequential da mages arising from or as a result of any delay, omission, or error in the electronic transmission or receipt of any infor mation pursuant to this Agr eement, even if the other Party has been advised of the possibility of such da mages. 5.9 Interpretation. Any a mbiguity in this Agr eement sha ll be r esolved to per mit Cover ed Entity to comply with the Privacy Rule. 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: Parks and Recreation June 10, 2008 13 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid No. Q-0508-01 to Sports Field Solutions, LLC., in the amount of $391,741.20, for field surface development at Wagon Wheel Park; and authorizing the City Manager and CRDC President to sign. See attached memo. Funds are available in the CRDC account for this contract. Staff recommends approval. ^Sports Field Solutions-1 AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: June 10, 2008 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of a Bid from Sports Field Solutions, in the amount of $391,741.20, for infield surface development of Wagon Wheel baseball fields #1, #2, #3 and #4, and surface development of Wagon Wheel soccer fields #1 and #2, and authorizing the City Manager to sign. Background: Bids were opened on May 20, 2008 for the surface development of four baseball infields and two soccer fields at Wagon Wheel Park. Bids were received from three contractors. in the amounts of $440,785.20 (W.O. Adams Construction), $438,062.00 (C. Greenscaping, LP), and $391,741.20 (Sports Field Solutions). The primary purposes that this project has been identified as necessary are for the safety of the participants, and to alleviate many of the drainage issues that have plagued the facility for the past few years. The six athletic fields in this proposal were established in 2000 and 2001. The site conditions including sub soils and field conditioners that were used were not of the highest quality and as a result the fields have settled creating dips, waves and humps. Over the past two years the Parks and Recreation Department has worked closely with the Coppell Baseball Association and the Coppell Soccer Association to address the safety concerns associated with unlevel fields. Mechanical leveling methods such as deep tine aerification, top dressing and rolling have been incorporated to alleviate some of the uneven playing surfaces over the past few years. In addition, heavy rains have resulted in ponding in the low areas causing game delays and additional safety concerns. Included in the Scope of Work on the baseball infields is the removal of existing soils, adding quality soil, laser grading, installation of Sportsedge channel drains and incorporating the highest standard of surface mix for quality infields equal to or exceeding the fields that CBA participants encounters in other communities. The two CYSA soccer fields will similarly have the existing soils removed, new high quality soils installed with laser grading and sports turf sprigs to create a safe and level playing surface. The Coppell Park and Recreation Board/Coppell Recreation Development Corporation approved the award of this bid to Sports Field Solutions on Monday, June 2, 2008. This project qualifies for funding by the CRDC ½ cent sales tax, as additions to and supporting one of the four projects identified in the 4b Sales Tax referendum. This project was identified in the Coppell Recreation Development Corporation, Development Priority List in 2007, which was ultimately approved by the City Council last year. City Council Action requested: Approval of a Bid from Sports Field Solutions in the amount of $391,741.20, for the athletic field surface development of six youth sports fields at Wagon Wheel Park, and authorizing the City Manager to sign. 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 June 10, 2008 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Agreement to rent a parcel of property from the Wilson family at the Southeast Corner of Coppell and Bethel Roads for the relocation of the Kirkland House, and authorizing the City Manager to sign. The annual cost to the City is $285.07. The Agreement also provides for an option to purchase the property in the future upon agreement by both parties. Funds are available in the Historical Preservation fund for this rental fee. Staff recommends approval. !Wilson STATE OF TEXAS § AGREEMENT ________________ § COUNTY OF DALLAS § This Agreement to _____________________ (“Agreement”) is made as of the _____ day of _________, 2008 between the City of Coppell, Texas, (the “City”), having its principal office at 255 Parkway Blvd., Coppell, Texas, 75019, and The Wilson Family of Coppell, Texas, Inc (“Wilson’s”), having their address at ___________________. WITNESSETH: WHEREAS, the City of Coppell, hereinafter, (“Coppell”) and the Wilson Family, hereinafter, ( “Wilson’s”), both desire to preserve the history of Coppell; and WHEREAS, both parties desire to establish historical landmarks and places for educating current and future generations about the history of Coppell; and WHEREAS, both parties realize the need for cooperation from private citizens and the City to achieve these goals. NOW, THEREFORE, PREMISES CONSIDERED, the parties agree to the following for the exchange of agreed and valuable consideration: 1. The Wilson Family shall lease a parcel of land to the city of Coppell for annual payments of $285.07 (Two Hundred Eighty Five Dollars and Seven Cents). The exact size of the parcel and description are attached and incorporated herein as Exhibit “A”. 2. The parcel shall be utilized to relocate the Kirkland House with the location of said House to be mutually agreed upon by the City and the Wilson Family. 3. The terms of the lease shall be for five (5) years, but may be terminated earlier if the Wilson family and the City reach an agreement on the sale of the balance of the Wilson family parcel. The original lease shall renew automatically for five (5) year terms after the initial five (5) year term. 4. At the expiration of the original lease term or earlier as outlined in No. 3, the City shall purchase the entire Wilson Family property for a sale price equal to the fair market value at the time of the sale. Prior to the sale of the remaining property, the Wilson Family shall notify the City of whether the present Wilson Family home will be relocated from the site, or will be included in the sale. If the Wilson Family home is included in the sale, the City shall pay an additional amount equal to the fair market value of the house at the time of sale. If the City purchases the home, the City shall maintain the home as a historical home. Page 1 of 3 27630 5. The City shall agree to use all proper legal means of deed restrictions, sale agreements, etc. to maintain the entire site as a public site accessible to the citizens of Coppell. 6. The Wilson Family may retain the mineral rights on the site until the final sale of the entire property. At that time, all property rights and mineral rights will be transferred to the City. 7. No amendment, modification, cancellation, or alteration of this Agreement shall be binding on either party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. 8. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to the subject matter hereof. 9. This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations created by this Agreement are performable in Dallas County, Texas. 10. This Agreement may be executed in counterparts, each of which shall constitute an original and which, when taken together, shall constitute one entire agreement. 11. This Agreement shall take effect on the last date of execution hereof. EXECUTED on this _____ day of _______, 2008. City of Coppell, Texas By: ________________________________ Jim Witt, City Manager Attest: By: ________________________________ Libby Ball, City Secretary Approved as To Form: By: ______________________________ J. David Dodd, III, City Attorney EXECUTED this the ____ day of _________, 2008. Page 2 of 3 27630 The Wilson Family By: ______________________, City’s Acknowledgment 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: __________________________ Company’s Acknowledgment STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the ___ day of _______, 2008, by ______________, of the Wilson Family of Coppell, Texas. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________________ Page 3 of 3 27630 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager June 10, 2008 15 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Agreement of Cooperation in support for the efforts of Dallas County, Texas, to qualify for the Urban CDBG Program, and authorizing the Mayor to sign. Staff recommends approval. !CDBG AGREEMENT OF COOPERATION for CDBG/HOME Program WHEREAS,the 93rd Session of the Congress passed,and the President of the United States signed into law,the Housing and Community Development Act of 1974 (PL93-383)which created the Urban County Community Development Block Grant (CDBG)program;and WHEREAS,Dallas County,Texas,is applying to the U.s.Department of Housing and Urban Development for Urban County CDBG entitlement status;and WHEREAS,in order to qualify for this status,Dallas County must enter into cooperative agreements with local governments and have the collective population of the County's unincorporated area and the participating local governments total at least 100,000 people;and WHEREAS,Texas cities and counties are authorized under Chapter 373,Local Government Code,and Section 381.003,Local Government Code,to conduct essential Housing and Community Development activities;and WHEREAS,Texas cities and counties are authorized under Chapter 791,Government Code, to enter into cooperative agreements with one another. NOW,THEREFORE,BE IT RESOLVED THAT: The City of Coppell supports the efforts of Dallas County,Texas to qualify for the Urban County CDBG program and asks that its population be included in such a program beginning for Federal Fiscal Years 2009,2010 and 2011. This agreement covers both the CDBG entitlement program and when applicable,the HOME Investment Partnership program. This agreement remains in effect until the CDBG (and HOME,where applicable)funds and program income received with respect to the three-year qualification period are expended and the funded activities completed,and that the County and City may not terminate or withdraw from the agreement while the agreement remains in effect. The City of Coppell understands that by executing the CDBG cooperation agreement it: 1.May not apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in the Urban County CDBG program;and 2.May receive a formula allocation under the HOME program only through the urban county.May not participate in a HOME consortium except through the Urban County, regardless,of whether the Urban County received a HOME formula allocation. Dallas County and the City of Coppell agrees to cooperate to undertake,or assist in undertaking, community renewal and lower income housing assistance activities,specifically urban renewal and publicly assisted housing. Dallas County and the City of Coppell shall take all actions necessary to assure compliance with the Urban County's certification required by Section 104(b)of the Title I of the Housing and Community Development Act of 1974,as amended,including Title VI of the Civil Rights Act of 1964,the Fair Housing Act,Section 109 of Title I ofthe Housing and Community Development Act of 1974,and Title VIII of the Civil Rights Act of 1968 and other applicable laws; Dallas County and the City of Coppell understands that Urban County funding will not be provided for activities in or in support of a cooperating local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certifications; The City of Coppell understands,that in accordance with 24 CFR 570.501(b)and 570.503,(which requires a written agreement),it shall be subject to the same administrative requirements as a sub- recipient should it receive funding under this program; The City of Coppell agrees to inform Dallas County of any income generated by the expenditure of CDBG/HOME funds received,and that any such program income must be paid to the county to be used for eligible activities in accordance with all HOME and Community Development Block Grant requirements; Dallas County is responsible for monitoring and reporting to the U.S.Department of Housing and Urban Development on the use of any such program income,and that in the event of close-out or change in status of the City of Coppell,any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County; The City of Coppell agrees to notify Dallas County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement,including disposition,and further agrees to reimburse the county in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG/HOME funds)for property acquired or improved with CDBG/HOME funds that is sold or transferred for a use which does not qualify under the CDBG/HOME regulations; Any money generated from the disposition or transfer of property will be treated as program income and returned to the County prior to,or subsequent to,the close-out,change of status,or termination of this cooperative agreement between Dallas County and the City of Coppell. 2 Cooperation Agreement The City of Coppell The City of Coppell has adopted and is enforcing: 1.A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; 2.A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. The City of Coppell understands that Dallas County will have final responsibility for administering the CDBG/HOME program,selecting CDBG/HOME projects and filing annual grant requests;and The Mayor of the City of Coppell,Texas is authorized to sign any additional forms,on behalf of the City of Coppell,that the U.S.Department of Housing and Urban Development may require. APPROVED AND ACCEPTEDTHIS THE day of 2008. Douglas Stover,Mayor City of Coppell,Texas Date Cooperation Agreement The Oty of Coppell 3 Jim Foster,County Judge Dallas County,Texas Date Approved as to Form: 0'~ Bob Schell,Civil Section Chief District Attorney's Office AGENDA REQUEST FORM DATE: June 10, 2008 ITEM #: 16 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: June 10, 2008 ITEM #: 17 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: June 10, 2008 ITEM #: 18 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: June 10, 2008 Department Submissions: Item No. 8/B was placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Engineering Department 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. 13 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. 8/C, 8/D, 9, 10 and 11 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)