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CP 2008-08-12 NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 12, 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, August 12, 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. ag081208 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 West of Denton Tap and South of Bethel Road. 2. Land Purchase West of MacArthur and South of Beltline. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of S.H. 121 and east of Denton Tap. D. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager/Deputy City Manager Transition. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Rail North Texas. B. Update on Roadway, Senior Center and Cemetery Construction Projects. C. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. ag081208 Page 2 of 5 ITEM # ITEM DESCRIPTION 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 16, 2008 July 22, 2008 July 31, 2008. B. Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. C. Consider approval of an Interlocal Agreement between Dallas County Community College District and the City of Coppell to conduct law enforcement services; and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-229R-LI, Minyard Addition (KTR Capital), a zoning change request from PD- 229-LI (Planned Development-229-Light Industrial) to PD-229R-LI (Planned Development-229 Revised-Light Industrial) to allow a revised monument sign plan including revisions to the location, design and size of four (4) monument signs on 79.53 acres of property, located at the southwest corner of Freeport Parkway and Bethel Road and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD–233-R, Coppell Vision Center, a zoning change request from SF-12 (Single Family-12) to PD-233-R (Planned Development-233-Retail) to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1246-TC, DeVine Cellars, a 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 ag081208 Page 3 of 5 ITEM # ITEM DESCRIPTION located in the Town Center Addition, Lot 3, Block 1, 230 Denton Tap Road, Suite 104 and authorizing the Mayor to sign. END OF CONSENT 9. Consider approval of the certification of the 2008 anticipated collection rate for the period of July 1, 2008 through June 30, 2009, and the amount of excess debt collections during the period of July 1, 2007, and June 30, 2008. 10. Consider approval of a proposal to maintain a tax rate of .64146 for the 2008 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 26, 2008 at 7:00 p.m. and a Special called meeting on September 2, 2008 at 6:00 p.m. 11. Consider approval of a Resolution directing publication of notice of intention to issue Certificates of Obligation, Series 2008 A in the principal amount not to exceed $20,000,000 for the acquisition of approximately 832.8 acres and the Series 2008 B in the principal amount not to exceed $10,000,000 for the acquisition of approximately 108.0 acres, to be used in part for water system improvements, including storage facilities and pumping station and in part for future municipal facilities, and for paying legal fiscal, and engineering fees in connection with such projects and related bond issuance costs, and authorizing the Mayor to sign. 12. PUBLIC HEARING: Consider approval of Case No. PD-205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza), a zoning change request from PD-205R-HC (Planned Development -205 Revised-Highway Commercial) to PD-205R2-HC (Planned Development-205 Revision 2-Highway Commercial), to amend the Planned Development to attach a Detail Site Plan to allow a 13,450- square-foot retail/restaurant building on 1.56 acres of property located at the northwest corner of S.H. 121 and Plaza Blvd. 13. Consider approval of the Wagon Wheel Park Site Plan Amendment, (Storage Building), to allow a 4,000-square-foot maintenance and storage facility, located on the north end of Wagon Wheel Park, adjacent to the irrigation pond (345 Freeport Parkway). 14. City Manager's Report. A. Construction Update. ag081208 Page 4 of 5 ITEM # ITEM DESCRIPTION 15. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. 16. Necessary action resulting from Work Session. 17. 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 8th day of August, 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). ag081208 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: August 12, 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 West of Denton Tap and South of Bethel Road. 2. Land Purchase West of MacArthur and South of Beltline. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road and north of S.H. 121 and east of Denton Tap D. Section 551.074, Texas Government Code – Personnel Matters. 1. City Manager/Deputy City Manager Transition. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: August 12, 2008 ITEM #: WS-3 WORK SESSION A. Discussion regarding Rail North Texas. B. Update of Roadway, Senior Center and Cemetery Construction Projects. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn 515517105101520No Response AvailabilityUnlikelyAvailablewithin 0-5YearsAvailablewithin 5-10YearsAvailablewithin 10-15YearsAvailablewithin 15-20YearsNumber of City ResponsesPotential Availability of 4a/4b for Transit UsePotential Availability of 4a/4b for Transit Use 4A/4B Revenue ($)New 4A/4B Debt PaymentExisting 4A/4B Debt PaymentHypothetical 4A/4B Retirement ScenarioHypothetical 4A/4B Retirement ScenarioRetired 4A/4B DebtRetired 4A/4B Debt201020152020202520304A/4B Excess RevenueYearRevenue From ½Cent Sales TaxRevenue From ½Cent Sales Tax FAMILY 5: Focus on a CountyFAMILY 5: Focus on a County--Specific SolutionSpecific SolutionDallas CountyDallas CountyExample values provided by NCTCOG staffSales TaxGas Sales TaxMotor Vehicle Sales TaxVehicle Reg. FeeLocal Option Gas TaxVMT TaxNew Resident Impact FeeTransportation Property TaxLocal Subsidy OptionRate1%$201 ½ centsAnnual Revenue Target for Dallas Co: $199Annual Revenue Target (RNT Cities):$83Annual Revenue Target (DART Cities):$116Rail North Texas Revenue (RNT Cities): $40Transportation Infrastructure Fund (DART Cities): $162Total: $202RAIL NORTH TEXASAnnualized Revenue - Cost$83$116$40$162$199 $202-400-300-200-1000100200300400500600RNT Cities DART CitiesTotaldollars (millions)RNT Revenue Transportation Infrastructure FundAnnual revenue Target Annual Total RevenueSolve for FAMILY 5: Focus on a CountyFAMILY 5: Focus on a County--Specific SolutionSpecific SolutionDallas CountyDallas CountyExample values provided by NCTCOG staffSales TaxGas Sales TaxMotor Vehicle Sales TaxVehicle Reg. FeeLocal Option Gas TaxVMT TaxNew Resident Impact FeeTransportation Property TaxLocal Subsidy OptionRate1%$207 ¼ centsAnnual Revenue Target for Dallas Co: $199Annual Revenue Target (RNT Cities):$83Annual Revenue Target (DART Cities):$116Rail North Texas Revenue (RNT Cities): $84Transportation Infrastructure Fund (DART Cities): $298Total: $382RAIL NORTH TEXASAnnualized Revenue - Cost$83$116$84$298$199$382-400-300-200-1000100200300400500600RNT Cities DART CitiesTotaldollars (millions)RNT Revenue Transportation Infrastructure FundAnnual revenue Target Annual Total RevenueSolve for AGENDA REQUEST FORM DATE: August 12, 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 August 12, 2008 8/A ✔ PROCEDURAL Consider approval of minutes: July 16 , July 22 and July 31, 2008. Minutes of the City Council meetings held on July 16, July 22 and July 31, 2008. Staff recommends approval. %minutes cm071608 Page 1 of 2 MINUTES OF JULY 16, 2008 The City Council of the City of Coppell met in a Special Executive Session on Wednesday, July 16, 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: Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Mayor Stover was absent. Also present was City Manager Jim Witt and Deputy City Manager Clay Phillips. SPECIAL SESSION (Open to the Public) 1. Call to Order. Mayor Pro Tem Franklin 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 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Land Purchase West of MacArthur and South of Beltline. Mayor Pro Tem Franklin convened into Executive Session at 6:12 p.m. as allowed under the above-stated article. Mayor Pro Tem Franklin adjourned the Executive Session at 8:53 a.m. SPECIAL SESSION (Open to the Public) cm071608 Page 2 of 2 3. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary MINUTES OF JULY 22, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 22, 2008 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember (late arrival) Billy Faught, Councilmember Karen Hunt, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 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. cm072208 Page 1 of 8 1. Purchase of Real Property West of Denton Tap and South of Bethel Road. 2. Land Purchase West of MacArthur and South of Beltline. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:32 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding serving Alcohol at City- sponsored Events. B. Discussion regarding TML Legislative Agenda. C. Discussion regarding North Texas Rail. D. Discussion regarding Board/Commission Interview Schedule. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Mayor Pro Tem Franklin led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Report by Coppell Economic Development Corporation. William Rohloff, Economic Development Chair, made a semi- annual report to Council. cm072208 Page 2 of 8 8. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 4, 2008 July 8, 2008 July 10, 2008. B. Consider approval of accepting the resignation of John Fox from the Planning & Zoning Commission. Action: Councilmember Tunnell moved to approve Consent Agenda Items A and B. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 10. Consider approval to purchase twelve (12) AutoCITE (automatic citation) issuance devices in the amount of $75,478 to be purchased from funds in the Police Forfeiture/Seizure fund; and authorizing the City Manager to sign. Presentation: Roy Osborne, Chief of Police, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the purchase twelve (12) AutoCITE (automatic citation) issuance devices in the amount of $75,478 to be purchased from funds in the Police Forfeiture/Seizure fund; and authorizing the City Manager to sign. cm072208 Page 3 of 8 Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 11. Consider approval of authorizing the City Manager to enter into a development agreement by and between the Coppell Economic Development Foundation and the City of Coppell for purposes of historic preservation in order to enhance Economic Development in Old Coppell and authorizing the City Manager to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Mayor Pro Tem Franklin moved to approve authorizing the City Manager to enter into a development agreement by and between the Coppell Economic Development Foundation and the City of Coppell for purposes of historic preservation in order to enhance Economic Development in Old Coppell and authorizing the City Manager to sign. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12. Consider approval of an ordinance of the city of Coppell, Texas, the Coppell Code of Ordinances by amending Article 6-16, Alcoholic beverages, by adding Section 6-16- 4 prohibiting alcoholic beverages in all City facilities without obtaining a special event permit from the City Manager; and by amending Article 9-11, Parks and Recreation Code, by amending Section 9-11-3, Subsection Q, by adding a provision for the issuance of a special event permit for for City sponsored events to be issued by the City Manager, and authorizing the Mayor to sign. cm072208 Page 4 of 8 Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Ordinance No. 2008-1202 of the city of Coppell, Texas, the Coppell Code of Ordinances by amending Article 6-16, Alcoholic beverages, by adding Section 6-16-4 prohibiting alcoholic beverages in all City facilities without obtaining a special event permit from the City Manager; and by amending Article 9-11, Parks and Recreation Code, by amending Section 9-11-3, Subsection Q, by adding a provision for the issuance of a special event permit for City sponsored events to be issued by the City Manager, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 6-1 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and Hunt voting in favor of the motion, and Councilmember Hinojosa-Flores voting against the motion. 13. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Peters and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters. E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau F. Metrocrest Hospital Authority – Councilmember Tunnell. G. Metrocrest Medical Foundation – Hunt. H. Metrocrest Medical Services – Hinojosa-Flores. I. Metrocrest Social Service Center – Hunt. J. North Texas Council of Governments – Peters. K. NTCOG/Regional Emergency Management – Franklin. L. North Texas Commission – Franklin. M. Senior Adult Services – Faught. cm072208 Page 5 of 8 A. Nothing to report. B. Councilmember Peters said CISD is holding their Final Budget Meeting on August 14 with the Public Hearing on August 18. School will begin on August 25 with a Grand Opening for the New Tech High School on September 7. C. Councilmember Faught reported that the potluck lunch is scheduled for July 23 and the Winstar trip is scheduled for July 28. D. Councilmember Peters announced that the City of Irving and the City of Coppell are co-hosting the Transportation Summit at the Omni Mandalay Hotel August 12-15. E. Nothing to report. F. Councilmember Tunnell said several major hospital players are looking to take over operations at the two hospitals. G. Councilmember Hunt reported the Save the Date for the Stetson and Turquoise Gala for September 20 at Austin Ranch. H. Nothing to report. I. Nothing to report. J. Nothing to report. K. Nothing to report. L. Councilmember Faught reported a retirement party was held for Mary Joiner on August 18. He also reminded the Council that the upcoming golf tournament will be held on October 13 at the Indian Creek Golf Club. At this time, Mayor Stover reconvened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Reconvene Executive Session 2. Section 551.071, Texas Government Code - Consultation with City Attorney. A. 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 cm072208 Page 6 of 8 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 West of Denton Tap and South of Bethel Road. 2. Land Purchase West of MacArthur and South of Beltline. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover reconvened into Executive Session at 8:20 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:08 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 3. Necessary action resulting from Work Session. There was no action necessary under this item. 4. Necessary action resulting from Executive Session. Action: Councilmember Peters moved to authorize City staff to prepare a notice of intent for issuance of certificates of obligation for the purchase of real property for public purposes. 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, Franklin and Hunt voting in favor of the motion. cm072208 Page 7 of 8 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm072208 Page 8 of 8 MINUTES OF JULY 31, 2008 The City Council of the City of Coppell met in a Special City Council and Budget Work Session on Thursday, July 31, 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 Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Councilmembers Brancheau and Hinojosa-Flores were absent. Also present was City Manager Jim Witt, Deputy City Manager Clay Phillips and City Secretary Libby Ball. SPECIAL SESSION (Open to the Public) Call to Order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Special Session. 1. Consider approval of a resolution suspending the proposed rate change by Oncor Electric Delivery Company LLC, providing that the rates of the said company shall remain unchanged during the period of suspension, providing for notice hereof to said company and authorizing Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Peters moved to approve Resolution No. 2008-0731.1 suspending the proposed rate change by Oncor Electric Delivery cm073108 Page 1 of 2 Company LLC, providing that the rates of the said company shall remain unchanged during the period of suspension, providing for notice hereof to said company and authorizing Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 5-0 with Mayor Pro Tem Franklin and Councilmembers Peters, Tunnell, Faught and Hunt voting in favor of the motion. BUDGET WORKSHOP (Open to the Public) 2. Convene Budget Workshop. A. Review property values from Dallas CAD and Denton CAD. B. Service Organization Allocation. C. Final Review General Fund. D. Budget Calendar Review. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Land Purchase West of MacArthur and South of Beltline. Mayor Stover convened into Executive Session at 7:42 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:31 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 cm073108 Page 2 of 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 12, 2008 8/B ✔ PROCEDURAL Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. As required by the Public Funds Investment Act, the Investment Policy must be reviewed on an annual basis. Staff has reviewed the policy and recommends no changes at this time. Furthermore, our investment policy has been reviewed by the Government Treasurers' Organization of Texas Review Committee to ensure it meets the requirements of the Texas Public Funds Investment Act. Our investment policy originally received the Certificate of Distinction Award on July 10, 2001, and has subsequently been recertified on a biannual basis. The current Certification of Investment Policy is effective for a two-year period ending October 31, 2009. The GTOT has indicated our policy meets the criteria set forth in the investment policy review checklist, and is an excellent example of a comprehensive written investment policy. Staff recommends approval. $InvestmentPolicy=1AR(Consent) 1 INTRODUCTION The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. The City Council of the City of Coppell shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement of Chapter 2256, Texas Government Code as amended, to define, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Coppell maintains portfolios utilizing four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios: A. Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short-to-medium- term securities which will complement each other in a laddered or barbell maturity structure. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity date of each security. B. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the debt service payment date. C. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities. Volatility shall be further controlled through maturity and quality range, without paying premium, if at all possible. Such securities will tend to hold their value during economic cycles. D. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. INVESTMENT POLICY 2 I. SCOPE This investment policy applies to all financial assets of the City of Coppell. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include: * General Fund * Special Revenue Funds * Debt Service Funds * Capital Projects Funds * Proprietary Funds * Trust and Agency Funds * Component Units II. OBJECTIVES The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum cash availability and maximum yield on short-term investment of pooled idle cash. Safety The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether they are from securities default or erosion of market value. Liquidity The City's investment portfolio shall be structured such that the City is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. 3 Yield The City's cash management portfolio shall be designed with the objective of regularly exceeding the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek to augment returns above this threshold consistent with risk limitations identified herein and prudent investment polices. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. III. RESPONSIBILITY AND CONTROL Investment Committee An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational strategies and to monitor results. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. Delegation of Authority and Training Authority to manage the City's investment program is derived from a resolution of the City Council. The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated as the investment officers of the City and are responsible for investment decisions and activities. The Director of Finance shall establish written procedures for the operation of the investment program, consistent with this investment policy. The investment officers shall attend at least one ten (10) hour training session from an independent source approved by the governing body relating to the officer's responsibility under the Act within 12 months after assuming duties. Additionally, once every two years, ten (10) hours of instruction must be obtained from an independent source. Sources of authorized independent training are those sponsored by: • Government Finance Officers Association (G.F.O.A.) • Government Finance Officers Association of Texas (G.F.O.A.T.) • Government Treasurers Organization of Texas (G.T.O.T.) • University of North Texas - Center for Public Management • Texas Tech - Center for Professional Development 4 Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation costs and benefits require estimates and judgements by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: A. Control of collusion. B. Separation of transaction authority from accounting and record keeping. C. Custodial safekeeping. D. Avoidance of physical delivery securities. E. Clear delegation of authority to subordinate staff members. F. Written confirmation for telephone (voice) transactions for investments and wire transfers. G. Development of a wire transfer agreement with the depository bank or third party custodian. Prudence The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: A. The investment of all funds, or funds under the City's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment. B. Whether the investment decision was consistent with the written investment policy of the City. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, providing that these deviations are reported immediately and that appropriate action is taken to control adverse developments. 5 Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. IV. REPORTING Quarterly Reporting The Director of Finance shall submit a signed quarterly investment report that summarizes current market conditions, economic developments and anticipated investment conditions. The report shall summarize investment strategies employed in the most recent quarter, and describe the portfolio in terms of investment securities, maturities, risk characteristics, and shall explain the total investment return for the quarter. Annual Report Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report on the investment program and investment activity. This report may be presented along with the Comprehensive Annual Financial Report to the City Manager and City Council. Methods The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner that will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The reports shall be formally reviewed at least annually by an independent auditor, if investments are other than those offered by the City's depository. The portfolio shall be marked to market monthly. The market value of the securities is to be provided by the City's depository or by a third party valuation service. The report will be provided to the City Manager and City Council. The report will include the 6 following: A. A listing of individual securities (investment position) held at the end of the reporting period. B. Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. C. Additions and changes to the market value during the period. D. Average weighted yield to maturity of portfolio on entity investments as compared to applicable benchmark. E. Listing of investment by maturity date. F. The percentage of the total portfolio each type of investment represents. G. Statement of compliance of the City's investment portfolio with State Law and the investment strategy and policy approved by the City Council. H. Prepared and signed by the investment officers. I. Fully accrued interest for the period. J. States account or fund for each investment. V. INVESTMENT PORTFOLIO The City shall pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio, the available markets, and the relative value of competing instruments, and will adjust the portfolio accordingly. Investments Assets of the City of Coppell may be invested in the following instruments; provided, however, that at no time shall assets of the City be invested in any instrument or security not authorized for investment under the Act, as the Act may from time to time be amended. I. Authorized A. Obligations of the United States of America, its agencies and instrumentalities. B. Direct obligations of the State of Texas or its agencies and instrumentalities. C. Other obligations, the principal of and interest on which are unconditionally guaranteed by the State of Texas or United States of America. 7 D. Obligations of the State, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "A" or its equivalent. E. Certificates of Deposit of state and national banks domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance or its successor or secured by obligations described in A through D above, which are intended to include all direct agency or instrumentality issued mortgage backed securities rated AAA by a nationally recognized rating agency and that have a market value of not less than the principal amount of the certificates. F. Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities. These shall be pledged to the City of Coppell, held in the City’s name, and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. A Master Repurchase Agreement must be signed by the bank\dealer prior to investment in a repurchase agreement. All repurchase agreement transactions will be on a delivery versus payment basis. Securities received for repurchase agreements must have a market value greater than or equal to 105 percent at the time funds are disbursed. G. Local government investment pools that have been authorized by the governing body by rule, ordinance or resolution. The investment pool must maintain a rating no lower than AAA or AAA-M by at least one nationally recognized rating service. Investment in such pools shall be limited to 50% of the City’s entire portfolio, with no more than 25% of the entire portfolio invested in any one authorized pool. H. No-load money market mutual funds that are registered and regulated by the Securities and Exchange Commission, that has a dollar weighted average stated maturity of 90 days or fewer and includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. I. No-load mutual funds that are registered with the Securities and Exchange Commission, having an average weighted maturity of less than two years and is invested or secured in obligations described in A through D above. The fund must maintain a rating of AAA, or its equivalent by at least one nationally recognized rating firm. The fund must conform to the requirements relating to the eligibility of investment pools. Investments in mutual funds shall be limited to 10% of the City's monthly fund balance, excluding bond proceeds and reserves and other funds held for debt service. 8 II. Not Authorized The City's authorized investments options are more restrictive than those allowed by State law. State law specifically prohibits investment in the following investment securities. A. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage backed security collateral and pays no principal. B. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. C. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. D. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Holding Period The City of Coppell intends to match the holding periods of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City's operating funds exceed one year. The maximum final stated maturity of any investment shall not exceed five years. Investments in all funds shall be managed in such a way that the market price losses resulting from interest rate volatility would be offset by coupon income and current income received from the volume of the portfolio during a twelve month period. Risk and Diversification The City of Coppell recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines; A. Risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein. B. Risk of market price changes shall be controlled by avoiding over- concentration of assets in a specific maturity sector, limitation of average maturity of operating funds investments to one year, and avoidance of over- concentration of assets in specific instruments other than U.S. Treasury Securities and insured or Collateralized Certificates of Deposits. C. Risk of illiquidity due to technical complications shall be controlled by the selection of securities dealers as described herein. 9 VI. SELECTION OF BANKS AND DEALERS Depository At least every five (5) years a Depository shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP). In selecting a depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. Certificates of Deposit Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase program shall submit for review annual financial statements, evidence of federal insurance and other information as required by the Director of Finance. Qualified Representatives Investment officials shall not knowingly conduct business with any firm with whom public entities have sustained losses on investments. All qualified representatives shall provide the City with references from Public entities they are currently serving. All financial institutions and qualified representatives who desire to become qualified bidders for investment transactions must supply the following as appropriate: - audited financial statements - proof of National Association of Securities Dealers (NASD) certification - proof of state registration - completed broker/dealer questionnaire - certification of having read the City's investment policy signed by an qualified representative of the organization - Acknowledgement that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization The investment officers are precluded from purchasing an investment from a representative who has not delivered the written certification An annual review of the financial condition and registration of qualified bidders will be conducted by the Director of Finance. Competitive Bids Competitive quotes must be taken from at least three (3) qualifying financial institutions or broker/dealers for any investment transaction involving an individual security. Investment transactions should include written confirmation of offers on the Investment Bid Tabulation form. 10 VII. SAFEKEEPING AND CUSTODY Insurance or Collateral All deposits and investments of City funds other than direct purchases of U.S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 105% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party financial institution. The City’s Depository Agreement shall specify the acceptable investment securities for collateral, the substitution or release of investment securities, ownership of securities, and the method of valuation of securities. Repurchase agreements shall be documented by a specific agreement noting the collateral pledge in each agreement. Collateral shall be reviewed monthly to assure that the market value of the pledged securities is adequate. Safekeeping Agreement Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in accordance with a Safekeeping Agreement which clearly defines the procedural steps for gaining access to the collateral should the City of Coppell determine that the City's funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the firm pledging the collateral. The safekeeping agreement shall include the signatures of authorized representatives of the City of Coppell, the firm pledging the collateral, and the Trustee. Collateral Defined The City of Coppell shall accept only the following securities as collateral: A. FDIC and FSLIC insurance coverage. B. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured by the State of Texas. D. A bond of the State of Texas or of a county, city or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of five (5) years or less. Subject to Audit All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. 11 Delivery vs. Payment Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the delivery vs. payment method. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the Trustee. The security shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. VII. INVESTMENT POLICY ADOPTION The City of Coppell investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed for effectiveness on an annual basis by the Investment Committee and any modifications will be recommended for approval to the City Council. GLOSSARY of COMMON TREASURY TERMINOLOGY Agencies: Federal agency securities. Ask: The price at which securities are offered. Bid: The price offered for securities. Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides. In the money market, brokers are active in markets, in which banks buy and sell money, and in interdealer markets. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. Collateral: Securities, evidence of deposit or other property that a borrower pledges to secure repayment of loan. Also refers to securities pledged by a bank to secure deposits of public monies. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Coppell. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Discount Securities: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, such as U.S. Treasury bills. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, such as Savings and Loans, small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently set by the Federal Reserve through open-market operations. Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. 12 Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder- owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open- market as a means of influencing the volume of bank credit and money. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass- throughs is often used to describe Ginnie Maes. Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. Market Value: The price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: To protect investors, many public investors will request that repurchase agreements be preceded by a master repurchase agreement between the investor and the financial institution or dealer. The master agreement should define the nature of the transaction, identify the relationship between the parties, establish normal practices regarding ownership and custody of the collateral securities during the term of the investment, provide remedies in the case of default by either party and clarify issues of ownership. The master repurchase agreement protects the investor by eliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the agreement. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. Money Market: The market in which short- term debt instruments (bills, commercial paper, bankers' acceptances) are issued and traded. Open Market Operations: Purchases and sales of government and certain other 13 securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers banks and a few unregulated firms. Prudent Person Rule: An investment standard. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (RP of REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and their terms of the agreement are structured to compensate him for this. 14 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Police August 12, 2008 8/C ✔ PROCEDURAL Consider approval of an Interlocal Agreement between Dallas County Community College District and the City of Coppell to conduct law enforcement services; and authorizing the Mayor to sign. The purpose of this agreement is to allow the North Campus of North Lake College located at 101 Royal Lane in Coppell to share law enforcement responsibilities with the City of Coppell. The North Campus will provide a campus peace officer and the City of Coppell will provide concurrent law enforcement services, when requested at the North Campus. Staff recommends approval. )Interlocal Agreement District Legal Counsel R.L.Thornton,Jr. Building 701 Elm Street Dallas,Texas 75202-3299 214/860-2470 Legal Counsel: Robert J.Young Dallas County Community College District July 10,2008 Mr.Robert Hager 1800 Lincoln Plaza 500 N.Ackard Dallas,TX 75201 RE:Interlocal Agreement Between Dallas County Community College District and the City of Coppell,Texas Dear Mr.Hager: Enclosed are three originals of subject agreement.Our Board of Trustees approved it during its meeting on (date). Please: 1.execute each agreement (the signature page is on page six of the agreement), 2.please execute and notarize each Mayor's Acknowledgement (the last page)and 3.return all three originals in the S.A.S.E I will have the Chancellor execute the agreements and Dallas County Community College District's Acknowledgement forms after you send them to me. Then I will send you a fully executed original for your files. If you have any questions,please contact me. Sincerely, David L.Hay Legal Assistant R.L.Thornton,Bldg. Dallas County Community College District 701 Elm Street,Suite 529 Dallas,TX 75202-3299 Office:(214)860-2373 Fax:(214)860-2622 dhay@dcccd.edu Enclosure cc:Chief JC Drake Interlocali\gree~ent Between Dallas County Community College District i\nd The City of Coppell,Texas WHEREAS,the CITY OF COPPELL,Texas a home rule city,authorized pursuant to the Texas Constitution Article 11,Section 5,(hereinafter referred to as "City"),and DALLAS COUNTY COMMUNITY COLLEGE DISTRICT,(hereinafter referred to as "DCCCD")on behalf of North Lake College,(hereinafter referred to as "College")want to enter into an agreement under the following terms and conditions;and WHEREAS,the City,and the College,all being political subdivisions of the State of Texas,are authorized to enter into interlocal agreements pursuant to Texas Government Code,Chapter 791;and WHEREAS,College and City desire to enter into this Agreement in order to set forth the responsibilities for law enforcement at the North Campus of North Lake College located at 101 Royal Lane,Coppell,TX 75019,(hereinafter called ''North Campus"); WHEREAS,The North Campus is comprised of areas surrounding and immediately adjacent to the North Campus building,which are associated with the North Campus and which service the North Campus (hereinafter called "Location"); WHEREAS,the North Campus is built of land owned by the College;and NOW THEREFORE,the City and the College enter into this Interlocal Agreement concerning police services for good and valuable consideration,and for the mutual promises and benefits that flow to each party,do hereby agree as follows: 1.Scope of A2reement and Limitations of Authority: A.The purpose of this Agreement is to allow the College to share law enforcement responsibilities with City.College will provide a campus peace officer and City will provide concurrent law enforcement services,when requested at Location. Interlocal Agreement Between Dallas County Community College District And The City of Coppell,Texas July 10,2008 Page 1 of6 B.Description of Location: (1).the North Campus building, (2).common areas surrounding the North Campus and associated with the North Campus which includes: (a).Sidewalks, (b).Walkways,and (3).Parking lots immediately adjacent to the North Campus building. C.Types of Law Enforcement Services: (1).Initial Police Response: (a).College will initially respond to all requests for police services that arise out of incidents occurring at the location during the hours an officer is normally assigned to that location which will be between the hours of7:30 a.m.to 11:00 p.m.,Monday through Friday,excluding: (i).days recognized by the College as school holidays,and (ii).any day the College does not hold classes at the location. (b).City will make the initial police response to calls for police service,to include general preventive patrol of Location between the hours of 11:00 p.m.and 7:30 a.m.,Monday through Friday and on weekends, should classes not be held at the North Campus. (2).Subsequent Police Services: (a).City will respond if subsequent police services beyond initial responses enumerated in 3.A.,infra,are required,including but not limited to: (i).emergency alarm response,and (ii).any emergency response which necessitates additional law enforcement resources,Le.,Crime Scene services and assistance with major case investigations,if requested by campus police or emergency services in addition to an initial response,or other activity associated with emergency or criminal incidents that occur at the location. Interlocal Agreement Between Dallas County Community College District And The City of Coppell,Texas July 10,2008 Page 2 of 6 (b).In addition,response by one agency shall not preclude or prevent response by the other agency. (3).Mutual assistance:If an incident should occur at Location to which the party responsible for the initial response can not effectively respond or requires immediate assistance,each party will assist the other as necessary to provide police services. D.Apportionment of Liability:Each party is responsible for the acts or omissions of its officials,employees and agents.In the event of joint and concurrent negligence,the DCCCD and City agree that responsibility shall be apportioned comparatively without waiving any governmental immunity available to the District under Texas law and without waiving any defenses of the parties under Texas law.This obligation shall be construed for the benefit of the parties hereto,and not for the benefit of any third parties nor to create liability for the benefit of any third parties. E.Limitations of Authority: (1).Neither party has authority for an on behalf of the other except as provided in this Agreement.No other authority,power,partnership,use or rights are granted or implied. (2).Neither party may make,revise,alter,or otherwise diverge from the terms or conditions of this Agreement without a written amendment to this Agreement. (3).Neither party may incur any debt,obligation,expense,or liability of any kind in _behalf of the other party without the other's express written approval. F.Miscellaneous Provisions: (1).Neither party shall have control over the other party with respect to its hours,times,employment,etc. (2)Under no circumstances shall either party be deemed an employee of the other. Interlocal Agreement Between Dallas County Community College District And The City of Coppell,Texas July 10,2008 Page 3 of6 (3).The parties warrant that their mutual obligations shall be performed with due diligence in a safe and professional manner and in compliance with any and all applicable statutes,rules and regulations. 2.Term:Subject to prior termination or revocation of this Agreement as provided in section 3.of this Agreement,the initial term shall be in full force and effect for a period of ten (10)months.This Agreement begins on September 1,2008 and ends on July 1,2010.This Agreement will automatically renew for a one-year period on August I of each year,unless notice is given as enumerated under section 3.infra. 3.Termination:Termination is: a.by mutual written consent, b.with sole discretion of College upon five (5)days written notice, c.upon the breach of this Agreement by City.A breach of this Agreement by City will result in an immediate termination of this Agreement and City will forfeit rights to the terms and conditions of this Agreement.A breach of this Agreement includes,but is not limited to: (1).a violation of the policies and rules of the DCCCD, (2).a misrepresentation or false statement in this Agreement by City,or (3).Nonperformance of the party's duties. City has five (5)days to cure a breach after written notice of the breach.If the breach is not cured,termination is immediate.All compensation under this Agreement shall be prorated to the date of termination. 4.Compensation:Each party agrees that services rendered under this Agreement are adequately compensated by the services received. 5.Applicable Law:This Agreement and all materials and/or issues collateral thereto shall be governed by the laws of the State of Texas applicable to contracts made and performed entirely therein. 6.Venue:Venue to enforce this Agreement shall lie exclusively in Dallas County,Texas. 7.Waiver:The failure of any party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement shall not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. Interlocal Agreement Between Dallas County Community College District And The City of Coppell,Texas July 10,2008 Page 4 of6 8.Assie:nment:Neither party may assign their interest in this Agreement without the written permission of the other party. 9.Notice:All notices or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as properly given if sent by facsimile transmission or mailed by certified mail,return receipt requested,postage prepaid,and addressed as follows: Dallas County Community College District To: City of Coppell To: Either party reserves the right to designate in writing to the other party any change of name,change of person,or address to which the notices shall be sent. 10.Nondiscrimination:Parties to this Agreement shall not discriminate on the basis of race,sex,national origin,disability,or religion. Interlocal Agreement Between Dallas Connty Community College District And The City of Coppell,Texas July 16,2668 Page 5 of 6 EXECUTED in duplicate original counterparts effective upon the date indicated above. City of Coppell,Texas By: Douglas N.Stover Mayor ATTEST: Libby Ball City Secretary Date: APPROVED AS TO FORM: Robert E.Hager, City Attorney Dallas County Community College District By: Dr.Wright Lassiter, Chancellor ATTEST: Interlocal Agreement Between Dallas County Community College District And The City of Coppell,Texas July 10,2008 Page 6 of6 Dallas County Community Colle!!e District Acknowled!!ement THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME,the undersigned authority,a Notary Public in and for said County and State,on this day personally appeared Wright Lassiter,Chancellor of the DALLAS COUNTY COMMUNITY COLLEGE DISTRICT,known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said DALLAS COUNTY COMMUNITY COLLEGE DISTRICT,a governmental entity,that he is duly authorized to perform the same by approval from the Board of Trustees of such and that he executed the same as the act of the said Community College District for purposes and consideration therein expressed,and in the capacity therein stated. Dr.Wright Lassiter GIVEN UNDER MY HAND AND SEAL OF OFFICE this __day of ______,A.D.,20 __" Notary Public In and For the State of Texas My Commission Expires: Mavor's Acknowled2:ment THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME,the undersigned authority,a Notary Public in and for said County and State,on this day personally appeared Douglas N.Stover,Mayor of the city of Coppell,Texas,a municipal corporation,known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell,Texas,a municipal corporation,that he is duly authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he executed the same as the act of the said City for purposes and consideration therein expressed,and in the capacity therein stated. Douglas N.Stover GIVEN UNDER MY HAND AND SEAL OF OFFICE tills __day ot ______'A.D.,20 Notary Public In and For the State of Texas My Commission Expires: 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 August 12, 2008 8/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-229R-LI, Minyard Addition (KTR Capital), a zoning change request from PD-229-LI (Planned Development-229-Light Industrial) to PD-229R-LI (Planned Development-229 Revised-Light Industrial) to allow a revised monument sign plan including revisions to the location, design and size of four (4) monument signs on 79.53 acres of property, located at the southwest corner of Freeport Parkway and Bethel Road and authorizing the Mayor to sign. On June 19, 2008, the Planning Commission unanimously recommended approval of this zoning change (5-0). Commissioners Frnka, Shute, Kittrell, Sangerhausen and Shipley voted in favor, none opposed. On July 8, 2008, Council unanimously approved this zoning change (7-0). Staff recommended APPROVAL. @PD-229R-LI, MA(KTR) ORD,1-AR (con) TM 29531.2.000 1 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-229-LI (PLANNED DEVELOPMENT-229-LIGHT INDUSTRIAL) TO PD-229R-LI (PLANNED DEVELOPMENT-229 REVISED-LIGHT INDUSTRIAL), TO ALLOW A REVISED MONUMENT SIGN PLAN INCLUDING REVISIONS TO THE LOCATION, DESIGN AND SIZE OF FOUR (4) MONUMENT SIGNS ON 79.53 ACRES OF PROPERTY, LOCATED AT THE SOUTHWEST CORNER OF FREEPORT PARKWAY AND BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN DEPICTING SIGN LOCATIONS AND MONUMENT SIGN ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B” AND “C” RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-229R-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 and the same is hereby amended by granting a change in zoning from PD-229-LI (Planned Development-229-Light Industrial) to PD-229R-LI (Planned Development-229 Revised-Light Industrial), to allow a revised monument sign plan including revisions to the location, design and size of four (4) monument signs on 79.53 acres of property, located at the southwest corner of Freeport Parkway and TM 29531.2.000 2 Bethel Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development-229R-LI shall be developed and used only in accordance with the development regulations, as follows: A. The proposed Planned Development shall comply with the use regulations set forth in Zoning Ordinance Number 95100-A-481, except as amended herein. B. The Industrial Park sign on the north east corner of the property be outside of the drainage easement and a minimum of 10 feet away from the ten-inch waterline. SECTION 3. The property shall be developed and used in accordance with the LI (Light Industrial) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions and as indicated on the Site Plan Depicting Sign Locations and Monument Sign Elevations attached hereto as Exhibits “B and C”, respectively, and made a part hereof for all purposes, which are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. TM 29531.2.000 3 SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 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 7/28/08) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING August 12, 2008 8/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD–233-R, Coppell Vision Center, a zoning change request from SF-12 (Single Family-12) to PD-233-R (Planned Development-233-Retail) to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road and authorizing the Mayor to sign. On June 19, 2008, the Planning Commission unanimously recommended approval of this zoning change (5-0). Commissioners Frnka, Shute, Haas, Shipley and Kittrell voted in favor, none opposed. On July 8, 2008, Council unanimously approved this zoning change (7-0). Staff recommended APPROVAL. @PD-233-R, CVC ORD, 1-AR (con) 1 TM 29529.2.000 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 SF-12 (SINGLE FAMILY-12) TO PD-233-R (PLANNED DEVELOPMENT- 233-RETAIL) TO ALLOW THE CONSTRUCTION OF A 2,600- SQUARE-FOOT MEDICAL OFFICE ON 0.434 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE AND NASH ROAD, (541 EAST SANDY LAKE ROAD) AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPING PLAN, TREE SURVEY, WALL DETAILS AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E” AND “F”; 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-233-R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from SF-12 (Single Family-12) to 2 TM 29529.2.000 PD-233-R (Planned Development-233-Retail) to allow the construction of a 2,600-square-foot medical office, which is defined as a building used exclusively by physicians, dentist, and similar personnel for the treatment and examination of patients solely on an outpatient basis, provided that no overnight patients shall be kept on the premises, on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road and as described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the Planned Development for a medical office is hereby approved subject to the following development regulations: A. Landscaped islands at the end of each parking row as depicted on the detailed site plan are not required. B. Parking spaces are permitted within the 30’ front yard setback along Nash Street as depicted on the detailed site plan. C. The monument sign shall be located as indicated on the site plan. D. Perimeter landscaping along Nash Street shall be a minimum of 15 feet, and may be reduced to 10 feet adjacent to the handicapped parking spaces as depicted on the detailed site plan. E. The two existing Cottonwood trees (20” and 17” caliper), as depicted on the Landscape Plan, adjacent to the east property line may be removed and shall not be subject to tree retribution fees. SECTION 3. That the property shall be developed and used in accordance with the R (Retail) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations set forth in Section 2, as indicated on the Site Plan, Landscaping Plan, Tree Survey, Wall Details And Elevations, attached hereto as Exhibits “B”, “C”, “D”, “E” and “F”; and made a part hereof for all purposes, are hereby approved. 3 TM 29529.2.000 SECTION 4. That the above property shall be used as a professional and accessory retail use and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 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. 4 TM 29529.2.000 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) [reviewed & revised only 07/23/08] Exhibit “A” LEGAL DESCRIPTION 0.433 ACRES BEING a tract of land located in the ALFRED LOGSDON SURVEY, ABSTRACT NO. 783, City of Coppell, Dallas County, Texas and being a part of Lot 9, Block A of STRINGFELLOW ADDITION, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 47, Page 193, Map Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1 inch iron pipe found at the Southeast corner of said Lot 9 and at the Northeast corner of Lot 8, Block A of said Addition; THENCE South 88 degrees 58 minutes 52 seconds West, along the common line of said Lot 9 and said Lot 8, a distance of 150.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the East line of Nash Street, a 60 foot right-of-way, at the Southwest corner of said Lot 9 and the Northwest corner of said Lot 8; THENCE North 00 degrees 01 minutes 08 seconds West, leaving said common line and along said East line, a distance of 121.79 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner, from which a 1/2 inch iron rod found bears North 22 degrees 05 minutes 35 seconds East and 0.39 feet; THENCE North 44 degrees 28 minutes 29 seconds East, a distance of 5.53 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE North 88 degrees 51 minutes 37 seconds East, a distance of 146.13 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the East line of said Lot 9; THENCE South 00 degrees 01 minutes 08 seconds East, along said East line, a distance of 125.97 feet to the POINT OF BEGINNING and containing 18,861 square feet or 0.433 acres of land, more or less. DOWDEY, ANDERSON & ASSOCIATES, INC.DOWDEY, ANDERSON & ASSOCIATES, INC. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ PLANNING August 12, 2008 8/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1246-TC, DeVine Cellars, a 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 and authorizing the Mayor to sign. 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. On June 10, 2008, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. @S-1246-TC, DVC ORD, 1-AR (con) 1 TM 29532.2.000 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 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, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, LEASE PLAN/ELEVATIONS AND SIGN PLAN ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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. S-1246-TC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from 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, and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. 2 TM 29532.2.000 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: A. Submission of the elevation and signage of the rear door to encourage the use by the patrons. B. Hours of operation shall be limited to 10:00 o’clock a.m. to 10:00 o’clock p.m. Monday through Thursday; 10:00 o’clock a.m. to 12:00 o’clock p.m. (midnight) Friday and Saturday; and between 12:00 o’clock p.m. (noon) and 6 o’clock p.m. on Sunday. C. Special Exception of eight (8) parking spaces, as granted by the Board of Adjustment on July 10, 2008 D. Obtain and maintain compliance with any and all licenses and/or permits and rules and regulations from the Texas Alcoholic Beverage Commission. SECTION 3. That the Site Plan, Floor Plan, Lease Plan/Elevations and Sign Plan, attached hereto as Exhibits “B”, “C”, “D” and “E”, respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 3 TM 29532.2.000 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 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 [reviewed only] 7/28/08) LEGAL DESCRIPTION TOWN CENTER ADDITION LOT 3, BLOCK 1, 230 DENTON TAP ROAD, SUITE 104, COPPELL, TEXAS 75019 EXHIBIT ‘A’ SITE PLAN DEVINE CELLARS (1) 20amp 120v circuit required Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code FRONT (WEST) ELEVATION N.T.S. 30’-0” STOREFRONT Devine Cellars 230 N. Denton Tap Ste. 104 Coppell, TX Rick Sutton G. Owens N/A 0803-070r2p1 5-30-08 Kristy Crep 4227 N.T.S. X/X/X- CHANGE See Details Pg. LETTERLOK CHANNEL LETTERS SCALE: ½”= 1’-0” (As Shown) 15.1 + 14.5 = 29.6 5” .040 ALUM. RETURN PREFINISHED BLACK 1” BLACK JEWELITE TRIM 30MA TRANSFORMER FLEXIBLE CONDUIT WESTRIM INSULATING END CAP/BOOT STD. GLASS TUBE SUPPORT FLEXIBLE CONDUIT CONNECTOR 3” x 12” ALUM. WIREWAY PTD. SPRAYLAT IND. #440 BRICK RED METAL TRANSFORMER CONTAINMENT BOX LOCATED BEHIND WALL 15MM 6500 WHITE NEON 1/8” #7328 WHITE ACRYLIC FACE LETTERLOK CHANNEL LETTERS WITH REMOTE TRANSFORMERS HI-FLEX MAX GTO-15 WIRE A C E G K M N O L J H F D B I WEEP HOLES FOR DRAINAGE 2” ALUM. ANGLE CLIP RAILS TOP & BTM. w/NON-CORROSIVE MOUNTING SCREWS IN ANCHORS WALL SECTION N.T.S. A C D E F G H J K L M O B I 8” MAX.N .040 ALUM. BACK- INTERIOR PTD. REFLECTIVE WHITE Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code Rick Sutton G. Owens N/A 0803-070r2p2 Kristy Crep 4227 9’-5 ¼” Devine Cellars 230 N. Denton Tap Ste. 104 Coppell, TX 5-30-0819 ¼”9’-1” 19’-10” 1’-7 ¼” x 9’-5 ¼” = 15.1 SQ. FT.1’-7 ¼” x 9’-1” = 14.5 SQ. FT. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 12, 2008 9 ✔ PROCEDURAL Consider approval of the certification of the 2008 anticipated collection rate for the period of July 1, 2008 through June 30, 2009, and the amount of excess debt collections during the period of July 1, 2007, and June 30, 2008. See Attached. Staff recommends approval. $TaxColl-1AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 12, 2008 10 ✔ PROCEDURAL Consider approval of a proposal to maintain a tax rate of .64146 for the 2008 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 26, 2008 at 7:00 P.M. and a Special called meeting on September 2, 2008 at 6:00 P.M. Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice-and-hearing tax rate limit as calculated in the effective/rollback tax rate worksheets, the taxing unit's governing body must take a record vote on the desired rate. The governing body must also announce the date, time and place of the two (2) public hearings to be held on the proposed tax rate. Staff recommends approval. $TaxRate-1AR 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 Finance August 12, 2008 11 ✔ RESOLUTION Consider approval of a Resolution directing publication of notice of intention to issue Certificates of Obligation, Series 2008 A in the principal amount not to exceed $20,000,000 for the acquisition of approximately 832.8 acres and the Series 2008 B in the principal amount not to exceed $10,000,000 for the acquisition of approximately 108.0 acres, to be used in part for water system improvements, including storage facilities and pumping station and in part for future municipal facilities, and for paying legal fiscal, and engineering fees in connection with such projects and related bond issuance costs, and authorizing the Mayor to sign. Staff recommends approval. $CertofOb2008-1AR CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS : COUNTIES OF DALLAS AND DENTON : CITY OF COPPELL : We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 12TH DAY OF AUGUST, 2008, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Douglas N. Stover, Mayor Marvin M. Franklin, Mayor Pro Tem Tim Brancheau Jayne Peters Brianna Hinojosa-Flores Marsha Tunnell Billy Faught Karen Hunt Libby Ball, City Secretary and all of said persons were present, except the following absentees: ______________________________ thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 12th day of August, 2008. City Secretary Mayor (CITY SEAL) RESOLUTION #__________ DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS : COUNTIES OF DALLAS AND DENTON : CITY OF COPPELL : WHEREAS, the City deems it advisable to give notice of intention to issue Combination Tax and Revenue Certificates of Obligation, in one or more series, being the Series A, in the principal amount not to exceed $20,000,000, for the acquisition of approximately 832.8 acres and the Series B, in the principal amount not to exceed $10,000,000, for the acquisition of approximately 108.0 acres; being all out of a tract of approximately 940.8 acres known as NorthLake property owned by Luminant, being located east of south Beltline, south of east Beltline, west of Valley Ranch Road being located in Irving and north of Hackberry Road, to be used in part for water system improvements including storage facilities and pumping station and in part for future municipal facilities, and for paying legal, fiscal, and engineering fees in connection with such projects; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL: 1. That attached hereto is a form of the Notice of Intention to Issue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. That the City Secretary shall cause said notice to be published in substantially the form attached hereto, in a newspaper of general circulation in said City, and published in said City, on the same day in each of two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the time set for the issuance of such certificates of obligation as shown in said notice. 3. That this Resolution shall become effective immediately upon adoption. APPROVED AND ADOPTED this 12th day of August, 2008. ATTEST: ____________________________ ____________________________ City Secretary Mayor APPROVED: _____________________________ City Attorney CITY OF COPPELL, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION The City of Coppell does hereby give notice of intention to issue Combination Tax and Revenue Certificates of Obligation, in one or more series, being the Series A, in the principal amount not to exceed $20,000,000, for the acquisition of approximately 832.8 acres and the Series B, in the principal amount not to exceed $10,000,000, for the acquisition of approximately 108.0 acres; being all out of a tract of approximately 940.8 acres known as NorthLake property owned by Luminant, being located east of south Beltline, south of east Beltline, west of Valley Ranch Road being located in Irving and north of Hackberry Road, to be used in part for water system improvements including storage facilities and pumping station and in part for future municipal facilities, and for paying legal, fiscal, and engineering fees in connection with such projects. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from limited surplus revenues of the City's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the Net Revenues of the City's combined Waterworks and Sewer System. The City Council intends to consider for passage at a Regular Meeting to be held at 7:00 P.M., on September 23, 2008, the Ordinances authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series A and Series B, at the City Hall, Coppell, Texas. Douglas N. Stover, Mayor WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING August 12, 2008 12 ✔ PUBLIC HEARING Consider approval of Case No. PD-205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza), a zoning change request from PD-205R-HC (Planned Development -205 Revised-Highway Commercial) to PD-205R2-HC (Planned Development-205 Revision 2-Highway Commercial), to amend the Planned Development to attach a Detail Site Plan to allow a 13,450-square-foot retail/restaurant building on 1.56 acres of property located at the northwest corner of S.H. 121 and Plaza Blvd. The following P&Z condition remains outstanding: 1. This property shall be replatted to establish, realign and abandon various easements in support of this development. On July 17, 2008, the Planning Commission unanimously recommended approval of this zoning change (5-0), subject to the above-stated condition. Commissioners Frnka, Shute, Kittrell, Sangerhausen, and Shipley voted in favor, none opposed. Staff recommended APPROVAL. @01 PD-205R2-HC, VRA, L6, BD, 1-AR ITEM # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza) P&Z HEARING DATE: July 17, 2008 C.C. HEARING DATE: August 12, 2008 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: Northwest corner of S.H. 121 and Plaza Blvd. SIZE OF AREA: 1.56 acres of property CURRENT ZONING: PD-205R-HC (Planned Development -205 Revised-Highway Commercial) REQUEST: A zoning change to PD-205R2-HC (Planned Development-205 Revision 2- Highway Commercial), to amend the Planned Development to attach a Detail Site Plan to allow a 13,450-square-foot retail/restaurant building. APPLICANT: Owner: Engineer: JDB Coppell Village Plaza Dowdey, Anderson & Associates, Inc. John Speanburg Matthew Alexander 434 Copperstone Trail 5225 Village Creek Drive, Suite 200 Coppell, Texas 75019 Plano, TX. 75093 (972) 745-7307 (972) 931-0694 Fax: (972) 745-7118 Fax: (972) 931-9538 Prospective Purchaser/Developer: Green Street Properties Thomas B. Acevedo 5400 LBJ Freeway One Lincoln Center, Suite 1460 Dallas, Texas 75240 (972) 371-5644 FAX: (972) 371-5641 HISTORY: In March of 2004, a 22.5-acre lot was replatted into two lots, the western one being 14.8 acres and the site of a future hospital (currently under construction for Market Street, a bank and retail uses). The remaining 7.7-acre lot was proposed to be replatted for medical/office uses. In October of 2004, the 7.7- acre lot was rezoned to Planned Development-205 to allow approximately ITEM # 4 Page 2 of 4 63,000 square feet of medical/office use in six buildings--two two-story and the remaining one-story structures. The property was also replatted into eight sites, six for the buildings described above, and two into open space and landscaped lots. In July 2005 Council approved an amendment to the Planned Development revising the Detail Site Plan to allow a decrease in the number of buildings from six to five, increase the size of the project from 62,600 square feet to 74,200 square feet, reduce parking, modify usage and revise the elevations. The current request is Lot 6 of this PD. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare (120 feet of right- of-way). State Highway 121 is built to freeway standards, within a 450-foot right-of-way. Plaza Drive is a 28-foot wide street in 50 feet of right-of-way. SURROUNDING LAND USE & ZONING: South – SH. 121 and Middle School North (SF-7) North- Two Story Office Building (PD-205-HC) East – Undeveloped land in the City of Lewisville (Zoned LI) West- Undeveloped (PD-205-HC) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses. DISCUSSION: The purpose of this request is to amend the PD to attach a detail plan for the development of a 13,450-square-foot retail/restaurant building, where the original PD called for a two-story office. This change in land use allows the continuation of the retail uses proposed to the west, in Coppell, and to the east, in the City of Lewisville. Green Street Properties will also be developing the abutting property in Lewisville and intend to provide a seamless transition in terms of uses and architectural style. The architecture of this building will also compliment the Market Street Development (Coppell Crossroads) abutting this property to the west. This proposed development addresses the purpose and intent of the Highway Commercial District which in part states: “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…The site characteristics should be designed in a manner to create an attractive appearance ….and an impressive gateway into the community”. The building is proposed to be occupied with 75% retail uses and 25% restaurants. It has been designed so that all facades are fronts, with parking along three sides and the loading area northwest of the building. The parking has been designed to take advantage of the provision of the Zoning Ordinance which allows the reduction in length of parking spaces ITEM # 4 Page 3 of 4 by 1.5 feet, which is compensated with additional perimeter landscape area. LANDSCAPING When the original PD was established, landscape requirements for individual lots were reduced to support well landscaped entry features and streetscapes (common areas) along Plaza Drive, including a roundabout feature which acts as both a circulation element and a focal point for the overall development. This reduced amount of landscaping has been incorporated within this site plan. However, new landscaping along the street frontages combined with the existing landscaping at the intersection of SH 121 and Plaza Drive will provide an aesthetically pleasing entry into the City of Coppell. There are several minor calculation errors which will need to be addressed in the resubmittal. ACCESS Access to this property will be via Plaza Drive from S.H. 121 abutting to the south as well as from the north from Highland Drive. As the property to the west develops, mutual access easements have been planned to allow access from Denton Tap, through the Market Street (Coppell Crossroads) to this property. It is anticipated that the mutual access easement along the north side of the building will connect to the fire lane/driveway system in the first phase of the Coppell Crossroads development. The access parallel to SH 121 will be provided as the intervening lots develop. ELEVATIONS/SIGNAGE As mentioned, the same owner and architect will be developing the property to the east in Lewisville for similar uses with consistent architectural design. The building design incorporates several building materials (two colors of brick and two colors of stone), various façade designs, fabric awnings and metal canopies to provide architectural interest to the building. Although a color of the attached signs has not been chosen, a note on the elevations states that the signs will be “consistent in color and will comply with all other regulations of the Sign Ordinance” (i.e. 20% logo). Finally, the applicant is requesting a multi-tenant monument sign along the SH 121 frontage. While there is a Plaza entry feature sign at the corner Plaza and SH 121, a monument sign advertizing the tenants of this center is appropriate. However, the size of this sign needs to be reduced from 80 square feet to 60 square feet to be compliant with the Sign Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza), subject to the following conditions: 1. This property shall be replatted to establish, realign and abandon various easements in support of this development. 2. Reduction in the size of the monument sign from 80 to 60 square feet. ITEM # 4 Page 4 of 4 3. Redrafting of the PD conditions on the Site Plan to correctly indicate the previously approved and currently requested PD conditions. 4. Revisions to the Landscape calculations to correctly indicate “credit” for off-site landscaping, required landscape buffer areas and to assure all landscape islands are compliant with the regulations of the Landscape Ordinance. 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. Detail Site Plan 2. Landscape Plan 3. Elevations WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING August 12, 2008 13 ✔ PRESENTATION Consider approval of the Wagon Wheel Park Site Plan Amendment, (Storage Building), to allow a 4,000-square-foot maintenance and storage facility, located on the north end of Wagon Wheel Park, adjacent to the irrigation pond (345 Freeport Parkway). There are no outstanding P&Z conditions. On July 17, 2008, the Planning Commission unanimously recommended approval of this site plan (5-0). Commissioners Frnka, Shute, Kittrell, Sangerhausen, and Shipley voted in favor, none opposed. Staff recommended APPROVAL. @02 Wagon Wheel Park, SPA, 1-AR ITEM # 5 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Wagon Wheel Park Site Plan Amendment (Maintenance/Storage Facility) P&Z HEARING DATE: July 17, 2008 C.C. HEARING DATE: August 12, 2008 STAFF REP.: Matt Steer, City Planner LOCATION: 345 Freeport Parkway (north end of Wagon Wheel Park, adjacent to the irrigation pond) SIZE OF AREA: 153 acres of property CURRENT ZONING: LI (Light-Industrial) REQUEST: A site plan amendment to allow a 4,000-square-foot maintenance and storage facility. APPLICANT: Owner: Contractor: City of Coppell Parks Dept. Jamail Construction John Elias Randy Jones 816 S. Coppell Rd. 1430 Regal Row #320 Coppell, TX 75019 Dallas, TX 75247 Phone: 972-462-5100 Phone: 214-284-3658 Fax: 972-462-5149 Fax: 214-879-1998 HISTORY: Phase One of Wagon Wheel Park was constructed in 1999. It consisted of two baseball fields, two soccer fields and a parking lot. Since that time, three soccer fields (currently six smaller fields) with spectator shelters, multiple soccer practice fields, four baseball fields, a batting cage, a concession stand/restroom facility, a tennis center (eight courts with a club house), various parking areas, and miscellaneous maintenance facilities have been built. TRANSPORTATION: Freeport Parkway is currently designated on the Thoroughfare Plan as a four-lane divided thoroughfare, and is partially built to standard within a variable width right-of-way. ITEM # 5 Page 2 of 2 SURROUNDING LAND USE & ZONING: North – Wagon Wheel Park Irrigation Pond; LI (Light Industrial) South – Wagon Wheel Park Baseball Fields; LI (Light Industrial) East – Alford Media Office, Residential; LI (Light Industrial) West – Wagon Wheel Park Baseball Field #6; LI (Light Industrial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows this property as suitable for park/open space. DISCUSSION: This request is for a 4,000-square-foot maintenance and storage facility to be located on the north end of Wagon Wheel Park, adjacent to the irrigation pond. Five different storage areas (each approximately 200 square feet) are proposed to be used by various sports organizations for storage of their respective equipment. Approximately 1,400 square feet located on the northeast side is proposed for open air storage for fertilizer and other field maintenance materials and approximately 1,400 square feet on the west side is proposed for a maintenance bay with a restroom for the Parks Department’s maintenance crew. The south building elevation facing the proposed drive depicts a stone building with five small overhead doors and one large overhead door. The structure will match the surrounding structures in the area with a stone veneer and standing seam roof. Additional Eastern Red Cedars spaced every 20’ will be added on the south side of the existing drive to screen the facility from the baseball fields. Also, a wind screen will be added along the park fencing to obstruct the view from the fields and concession area. There is only one minor drafting issue remaining; therefore, staff is recommending approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request, subject to the following conditions: 1) Change numbers adjacent to the Eastern Red Cedars from #5 to #4 as indicated under “Site Plan Notes”. 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/Landscape Plan 2. Elevations/Floor Plan AGENDA REQUEST FORM DATE: August 12, 2008 ITEM #: 14 CITY MANAGER'S REPORT A. Construction Update. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: August 12, 2008 ITEM #: 15 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: August 12, 2008 ITEM #: 16 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: August 12, 2008 ITEM #: 17 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: August 12, 2008 Department Submissions: Item No. 8/C was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Police Department Item Nos. 8/D, 8/E, 8/F, 12 and 13 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 and hereby submit the same to the City Council for consideration. ____________________ Acting City Manager