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CP 2008-09-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 9, 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, September 9, 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., with Executive Session immediately following, 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. ag090908 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 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. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board & Commission Appointments and Orientation. B. Update regarding Grapevine Springs Community Center. C. Discussion regarding the 2009 Budget/Council Calendar. D. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. ag090908 Page 2 of 6 ITEM # ITEM DESCRIPTION 5. Invocation. 6. Pledge of Allegiance. 7. Special presentation honoring Waste Management employees Francisco Alvarez, Oscar Salceda and Michael Holbrook with Certificates of Appreciation for their dedication and commitment to the community of Coppell . 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 26, 2008 September 2, 2008. B. Consider approval of accepting the resignation of Rebecca Carter from the Keep Coppell Beautiful Board. C. Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to other fees and authorizing the Mayor to sign. D. Consider approval of an ordinance electing for the City to make current service and prior service contributions to the City's account in the municipal accumulation fund of the Texas Municipal Retirement System at the actuarially determined rate of total employee compensation and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza), a zoning change 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 property located at the northwest corner of S.H. 121 and Plaza Blvd and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. PD-209R2-C, (Planned Development-209-Revision 2-Commercial) TownOaks Centre, a zoning change from PD-209R-C (Planned Development- ag090908 Page 3 of 6 ITEM # ITEM DESCRIPTION 209-Revised-Commercial) to PD-209R2-C (Planned Development- 209-Revision 2-Commercial), to amend the development regulations to allow two restaurant/retail uses within this structure, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. END OF CONSENT 10. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. 11. Consider the approval of the property tax revenue increase as reflected in the 2008-2009 Annual Operating Budget. 12. Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2008 at .64146/$100 per valuation of which .49577 for operations and maintenance and .14569 for interest and sinking, and authorizing the Mayor to sign. 13. Consider approval of the First Assembly of God Church (Living Hope), Site Plan Amendment, to allow the construction of an approximate 70-foot high bell tower at the southwest corner of the existing 11,000-square-foot exposed aggregate tilt wall building, on 5.95 acres of property located at 200 S. Heartz Road. 14. PUBLIC HEARING: Consider approval of Case No. S-1247-SF-12, T-Mobile (First Assembly of God Church), zoning change request from SF-12 (Single Family-12) to S- 1247-SF-12 (Special Use Permit-1247-Single Family-12), to allow wireless communication antennas to be mounted inside a proposed 70-foot high bell tower and a 20’×20’ shelter constructed at the base. 15. PUBLIC HEARING: Consider approval of Case No. PD–234-H, Lot 1, Block A, Wilson-Kirkland- Minyard Addition, zoning change request from H (Historic) to PD-234-H (Planned Development-234-Historic) to allow the relocation of a 1,100- square-foot house and a 600-square-foot replica of the Minyard’s drug store on 0.27 acres of property located at the southeast corner of W. Bethel Road and S. Coppell Road. ag090908 Page 4 of 6 ITEM # ITEM DESCRIPTION 16. PUBLIC HEARING: Consider approval of the Wilson-Kirkland-Minyard Addition, Lots 1 & 2, Block A, Minor Plat, to establish a building site to allow for the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on Lot 1 (.27 acres) and retention of the existing structures on Lot 2 (.56 acres) located at the southeast corner of W. Bethel Road and S. Coppell Road. 17. PUBLIC HEARING: Consider approval of the Stringfellow Addition (Coppell Vision Center), Lot 9R, Block A, Replat, to establish fire lanes, building lines and easements 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. 18. Consider approval of the Deer Run Addition, Phase II, Lot 1, Block 1, Minor Plat, to establish a building site and setback lines to allow the construction of a new single-family home to front on Hawken Drive, on 0.709 acres of property located on the north side of Ruby Road, property known as 600 Ruby Road. 19. Consider approval of an ordinance approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. 20. Consider appointments to the City’s Boards/Commissions/Committees. 21. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding meeting with the Coppell Women’s Club. 22. Necessary action resulting from Work Session. 23. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag090908 Page 5 of 6 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 5th day of September, 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). ag090908 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2007 — 2012 Maintain Sustainable, Financially Sound City Government with Excellent Services • Maintain quality customer service resulting in 90+% customer satisfaction ratings • Ensure adequate resources to support defined services and service levels • Retain reserves consistent with city policy • Invest in the city’s future: operations & capital • Ensure residents are aware of city vision, goals, services and programs Develop & Revitalize Commercial Areas & Corridors • Continue development: corporate offices and major distribution businesses • Revitalize aged or deteriorating strip centers • Maintain and expand business tax base • Develop a quality hotel serving residents and guests • Retain and support expansion of current businesses located in Coppell Maintain & Upgrade City Infrastructure • Maintain and improve quality of roads, alleys, and sidewalks • Improve quality of storm water management systems • Improve and maintain quality of city facilities • Facilitate efficient traffic flow within and through the city • Improve municipal utilities where necessary and maintain existing Develop an Alive Old Coppell – A Community Destination • Develop a community destination: residents think of Old Coppell as a place to go • Attract small, niche retail businesses • Attract more restaurants • Maintain and expand the Farmers’ Market • Attract non-residents to come and return for dining, shopping and entertainment Maintain Attractive, Livable Neighborhoods with Quality Homes • Protect the integrity and identity of current neighborhoods • Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes) • Maintain and increase property values in older homes • Have infill developments that add value to the neighborhood • Have a high percentage of owner-occupied single-family homes Create a City for a Lifetime • Provide leisure and recreational opportunities for all family generations • Maintain a reputation as a safe community for all • Have all generations and diverse populations feel welcome • Maintain top quality schools in partnership with ISD’s • Rejuvenate community events with a high level of participation AGENDA REQUEST FORM DATE: September 9, 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. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: September 9, 2008 ITEM #: WS-3 WORK SESSION A. Discussion regarding Board & Commission Appointments and Orientation. B. Update regarding Grapevine Springs Community Center C. Discussion regarding the 2009 Budget/Council Calendar. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn (PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate’s term.) APPOINTEES TO BOARDS/COMMISSIONS/COMMITTEES AMERICAN RED CROSS REPRESENTATIVE 3-YEAR REGULAR (APPOINT 1) ANIMAL SERVICES ADVISORY & APPEALS BOARD 2-YEAR VETERINARIAN (APPOINT 1) BOARD OF ADJUSTMENT 2-YEAR REGULAR (APPOINT 3) 2-YEAR ALTERNATE (APPOINT 2) COPPELL ECONOMIC DEVELOPMENT COMMITTEE 2-YEAR REGULAR (APPOINT 5) (PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate’s term.) APPOINTEES TO BOARDS/COMMISSIONS/COMMITTEES COPPELL EDUCATION DEVELOPMENT CORPORATION 2-YEAR REGULAR (APPOINT 3) KEEP COPPELL BEAUTIFUL COMMITTEE 2-YEAR REGULAR (APPOINT 3) 1-YEAR REGULAR (APPOINT 1) KEEP COPPELL BEAUTIFUL COMMITTEE – YOUTH ADVISOR 1-YEAR STUDENT (APPOINT 2) (PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate’s term.) APPOINTEES TO BOARDS/COMMISSIONS/COMMITTEES LIBRARY BOARD 2-YEAR REGULAR (APPOINT 4) 2-YEAR ALTERNATE (APPOINT 1) LIBRARY BOARD - YOUTH ADVISOR 1-YEAR STUDENTS (APPOINT 2) PARKS AND RECREATION BOARD 2-YEAR REGULAR (APPOINT 7) (PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate’s term.) APPOINTEES TO BOARDS/COMMISSIONS/COMMITTEES PARKS AND RECREATION BOARD (cont.) 2-YEAR ALTERNATE (APPOINT 2) PLANNING AND ZONING COMMISSION 2-YEAR REGULAR (APPOINT 3) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager September 9, 2008 7 ✔ PRESENTATION Special presentation honoring Waste Management employees Francisco Alvarez, Oscar Salceda and Michael Holbrook with Certificates of Appreciation for their dedication and commitment to the community of Coppell . Waste Management employee, Francisco Alvarez was working his regular residential Coppell route when he found an envelope containing more than two hundred dollars along with purchased raffle ticket stubs from a local civic club. Mr. Alvarez, working with his supervisor, Oscar Salceda and the Lewisville district manager, Michael Holbrook located the owner and returned both the money and the tickets the same evening. !WasteMgmtCert AGENDA REQUEST FORM DATE: September 9, 2008 ITEM #: 8 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 September 9, 2008 9/A ✔ PROCEDURAL Consider approval of minutes: August 26, 2008 September 2, 2008. Minutes of the City Council meetings held on August 26, 2008 and September 2, 2008. Staff recommends approval. %minutes MINUTES OF AUGUST 26, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 26, 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 Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Mayor Pro Tem Franklin was absent. 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. 1. Purchase of Real Property West of Denton Tap and South of Bethel Road. cm082608 Page 1 of 12 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. Mayor Stover convened into Executive Session at 5:44 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:00 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the sale of alcohol at Oaktoberfest. B. Rail North Texas. 1. Cotton Belt Service. 2. Town Hall Meeting. C. Discussion regarding Coppell 2030 Process. D. Discussion of Agenda Items. Councilmember Hinojosa-Flores left during Work Session and returned prior to the reconvening of Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Wayne McDonald of Metrocrest Community Church led those present in the Invocation. cm082608 Page 2 of 12 6. Pledge of Allegiance. Eric Ward from Boy Scout Troop 807 led those present in the Pledge of Allegiance. 7. Presentation by Raymond Turco of Raymond Turco and Associates regarding the executive summary of the 2008 Waste Collection and Recycling Attitude Survey. Ray Turco, representing Raymond Turco and Associates, made a presentation to Council. 8. Report by Library Board. Marcia Raines, Chair, made the Board’s semi-annual report to Council. 9. Citizens' Appearances 1) Jeff Burgher, 622 Deforest Ct., spoke against alcohol in the park. 2) Candy Sheehan, 759 Pelican, spoke against alcohol in the park. 3) Tom Sawyer, 907 Mill Trail, spoke against alcohol in the park. 4) Rod Collver, 204 Simmons Dr., spoke against alcohol in the park. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 12, 2008 August 18, 2008. cm082608 Page 3 of 12 B. Consider approval of purchase of three 3M Self Check ™ machines in the amount of $58,539 from Alpha Data Corp (TXMAS-6-70030). Action: Councilmember Peters moved to approve Consent Agenda Items A and B. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 11. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2007- 1181, the budget for Fiscal Year October 1, 2007 through September 30, 2008, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2008- 1203 of the City of Coppell, Texas, approving an amendment to Ordinance No. 2007-1181, the budget for Fiscal Year October 1, 2007 through September 30, 2008, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 12. PUBLIC HEARING: To receive public comment concerning the proposed 2008-2009 Municipal Budget. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. cm082608 Page 4 of 12 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Hunt moved to close the Public Hearing for the receipt of public comment concerning the proposed 2008-2009 Municipal Budget. Councilmember Peters seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 13. PUBLIC HEARING: To receive public comment concerning the proposed 2008-2009 tax rate of 0.64146. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing for the receipt of public comment concerning the proposed 2008-2009 tax rate of 0.64146. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 14. Consider approval of a proposal from Dallas County, as provided for in the existing City/County Agreement to overlay the asphalt paving of the following streets: Sanders Loop, Holly Street and Nash Street south of Sandy Lake Road; with Dallas County furnishing labor, cm082608 Page 5 of 12 materials and equipment to perform the work; with the City of Coppell paying a cost of $124,886.87 as provided in the IMF fund; and authorizing the Mayor to sign and to execute any necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Faught moved to approve the proposal from Dallas County, as provided for in the existing City/County Agreement to overlay the asphalt paving of the following streets: Sanders Loop, Holly Street and Nash Street south of Sandy Lake Road; with Dallas County furnishing labor, materials and equipment to perform the work; with the City of Coppell paying a cost of $124,886.87 as provided in the IMF fund; and authorizing the Mayor to sign and to execute any necessary documents. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 15. Consider approval of an Interlocal Agreement between the City of Coppell and the City of Lewisville for construction of a traffic signal at the intersection of Denton Tap Road and Highland Drive; and authorize funding in the amount of $169,264.46 for construction; and authorizing the Mayor to sign and to execute any necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Brancheau moved to approve an Interlocal Agreement between the City of Coppell and the City of Lewisville for construction of a traffic signal at the intersection of Denton Tap Road and Highland Drive; and authorize funding in the amount of $169,264.46 for construction; and authorizing the Mayor to sign cm082608 Page 6 of 12 and to execute any necessary documents. Councilmember Hunt seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 16. Consider approval of a Purchase Agreement between Pacific Realty Associates, L.P. (PacTrust) and the City of Coppell for the construction of Southwestern Boulevard from the Denton Tap/Belt Line intersection to Coppell Road; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Peters moved to approve a Purchase Agreement between Pacific Realty Associates, L.P. (PacTrust) and the City of Coppell for the construction of Southwestern Boulevard from the Denton Tap/Belt Line intersection to Coppell Road; and authorizing the City Manager to sign and execute any necessary documents. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. 17. Consider approval of a resolution designating the sole Provider of alcoholic beverages at the October 18, 2008 Coppell Oaktoberfest, and authorizing the City Manager to enter into an agreement with said Provider. Presentation: Jim Witt, City Manager, made a presentation to the Council. cm082608 Page 7 of 12 Action: Councilmember Hunt moved to approve Resolution No. 2008-0826.1 designating the sole Provider of alcoholic beverages at the October 18, 2008 Coppell Oaktoberfest, and authorizing the City Manager to enter into an agreement with said Provider. Councilmember Tunnell seconded the motion; the motion carried 4-2 with Councilmembers Brancheau, Tunnell, Faught, and Hunt voting in favor of the motion, and Councilmembers Peters and Hinojosa-Flores voting against the motion. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding Coppell 2030 Update. B. Report by Mayor Stover regarding Coppell Chamber meeting. A. Mayor Stover spoke regarding Coppell 2030 and the task force of citizens that have been meeting. Council met with members of this group and appreciates all the work the committee has done. Council will meet again to further discuss the work presented. B. Mayor Stover reminded the public that the Chamber of Commerce luncheons are open to the public. He encourages attendance and speaks highly of the guest speakers. 19. 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. DFW Airport Board – Peters. F. International Council for Local Environmental Initiatives (ICLEI) – Brancheau G. Metrocrest Hospital Authority – Tunnell. H. Metrocrest Medical Foundation – Hunt. I. Metrocrest Medical Services – Hinojosa-Flores. J. Metrocrest Social Service Center – Hunt. K. North Texas Council of Governments – Peters. cm082608 Page 8 of 12 L. NTCOG/Regional Emergency Management – Franklin. M. North Texas Commission – Franklin. N. Senior Adult Services – Faught. A. Councilmember Tunnell announced school started back on 8/25. CFBISD/LISD is starting a night school to earn credits towards a high school degree. The program is open to non-residents. LISD Education Foundation will be hosting their Culinary Experience Gala on 9/13 at the Hilton Garden Inn. B. Councilmember Hinojosa-Flores said CISD started school on 8/25. The New Tech High School will have a grand opening on 9/21 from 2-4 p.m. CHS Curriculum night will be held on 9/2. The Homecoming parade will be held on 9/18 at 6:30 p.m. Finally, 12 campuses received exemplary status and two campuses received recognized status. C. Councilmember Faught reported that an on-site visit to the Grapevine Springs Senior and Community Center was held on 8/25. Three van loads of people attended. Also, the 1st Annual Craft Sale will be held on 9/27. D. Councilmember Peters spoke of the North Texas Rail Initiative and its preparation for the upcoming Legislative Session. More updates will be coming regarding the Cotton Belt Rail and TXDOT reports that the Sandy Lake/SH 121 interchange is on schedule for Phase One. E. Nothing to report. F. Nothing to report. G. Councilmember Tunnell said Hospital Partners Associates is filing for bankruptcy, so Trinity Medical is looking for alternatives through Baylor or Methodist Hospitals. H. Councilmember Hunt gave an update on the Stetson and Turquoise Gala scheduled for 9/20 at Austin Ranch. There will be a Pre-Party at Cavender Boot City on 8/27 from 5:30- 8:30 p.m. I. Councilmember Hinojosa-Flores announced two new physicians are on board. They are also looking for a duplex scanner to be donated. J. Councilmember Hunt reported that school supplies were given to 1,500 students and socks and shoes were passed out to 962 students. K. Nothing to report. L. Nothing to report. cm082608 Page 9 of 12 M. Councilmember Peters announced the North Texas Commission Annual Luncheon will be held on 9/29 at the Anatole. N. Councilmember Faught attended a Thank You dinner for former Director, Mary Joiner. He also met with current Director, Greg Gerendis, who is looking to increase funding from outside sources and expand service outside the current area. At this time, Mayor Stover reconvened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Reconvene Executive Session 2. 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. 2. Purchase of Real Property West of Denton Tap and South of Bethel Road. 3. Land Purchase West of MacArthur and South of Beltline. C. Section 551.087, Texas Government Code – Economic Development Negotiations. i. 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. cm082608 Page 10 of 12 i. City Manager/Deputy City Manager Transition. cm082608 Page 11 of 12 Mayor Stover reconvened into Executive Session at 9:31 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:58 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 20) Necessary action resulting from Work Session. There was no action necessary under this item. 21) Necessary action resulting from Executive Session. Action: Councilmember Faught moved to approve an agreement with Clay Phillips to employ him as City Manager effective on December 16, 2008 under the terms and conditions set forth in such agreement and authorize the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm082608 Page 12 of 12 MINUTES OF SEPTEMBER 2, 2008 The City Council of the City of Coppell met in a Special City Council on Tuesday, September 2, 2008 at 6:00 p.m. at Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem (late arrival) Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Councilmember Tunnell was 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. PUBLIC HEARING: To receive public comment concerning the proposed 2008-2009 tax rate of 0.64146. Presentation: Jim Witt, City Manager, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public Hearing for the receipt of public comment concerning the proposed 2008-2009 tax rate of 0.64146. Councilmember Hunt seconded the motion; cm090208 Page 1 of 3 the motion carried 5-0 with Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. WORK SESSION (Open to the Public) 2. Convene Work Session A. Coppell 2030 Discussion. Mayor Pro Tem Franklin arrived during Work Session. EXECUTIVE SESSION (Closed to the Public) 3. 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. Mayor Stover convened into Executive Session at 7:41 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:05 p.m. and opened the Special Session. SPECIAL SESSION (Open to the Public) 4. Necessary action resulting from Work Session. There was no action necessary under this item. cm090208 Page 2 of 3 5. Necessary action resulting from Executive Session. Action: Councilmember Peters moved to approve the statement of settlement terms dated September 3, 2008, by and between Billingsly, CISD and the City of Coppell, subject to clarifying the language in Sections I.,B. (v) and I.,(E)., regarding lake maintenance and cap of dwelling units, and authorizing the Mayor and/or City Manager to execute the statement of settlement terms on behalf of the City of Coppell. Mayor Pro Tem Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm090208 Page 3 of 3 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 September 9, 2008 9/B ✔ PROCEDURAL Consider approval of accepting the resignation of Rebecca Carter from the Keep Coppell Beautiful Board. Rebecca Carter has submitted her letter of resignation from the Board. The new member to fill the unexpired term is being chosen from the pool of applications received during the Board and Commission appointment process. Staff recommends accepting the resignation. %kcbresignation Christel Pettinos - Fwd: Resignation Regrets >>> "Rebecca Carter" <rebeccaacarter@msn.com> 8/21/2008 5:48 PM >>> Amanda, I will be calling you personally with this information, but just in case I don't get in touch with you this evening: I am currently expecting our third child. It is a high-risk pregnancy with some complications. I am on 24/7 monitoring, have a pump and line at all times, and occasionally need IV treatments. My situation may improve, but based on my last two pregnancies, the likelihood is very slim, and I am never quite sure, day to day, what I will be able to do. I have been debating whether or not I could continue serving the KCB Board with any efficiency, and I have come to the decision that it would be better, due to the uncertainty of my situation, to resign and give the Board time to find a more available member. I will be emailing you shortly with the files I updated for the Recycling program and also with a short compilation of "green" municipal incentives for business owners that might be useful. With deepest regrets and apologies, Rebecca Carter From: Christel Pettinos Subject: Fwd: Resignation Regrets Page 1 of 1 8/25/2008about:blank 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 September 9, 2008 9/C ✔ RESOLUTION Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to other fees and authorizing the Mayor to sign. Other Fees - Under the General Fee Section - Adding the fee for a horse drawn carriage permit. Staff recommends approval. $MasterFee-1AR(con) 1 RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING THE GENERAL FEES, IN PART; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and delete others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Master Fee Schedule section entitled “General Fees” be amended, in part, to read as follows: Other Fees: “…. 8) Permit for horse drawn carriages $250.00/per event ….” SECTION 2. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. 2 SECTION 4. That this Resolution shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ______________________, 2008. APPROVED: __________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: __________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY 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: Human Resources August 28, 2008 9/D ✔ PROCEDURAL Consider approval of an ordinance electing for the City to make current service and prior service contributions to the City's account in the municipal accumulation fund of the Texas Municipal Retirement System at the actuarially determined rate of total employee compensation and authorizing the Mayor to sign. This agenda item is an ordinance that is recommended by the Texas Municipal Retirement System (TMRS) that allows the Mayor and Council to authorize the future rates increases required for the funding of the city's retirement program. Currently, the City's rate is 11.99% and effective January 2009, the rate will increase to 14.84% as recommended for funding the FY 2008/2009 Budget based upon the recent change in the TMRS actuarial funding method. This rate increase will put the City's rate over the statutory maximum of 13.5% as allowed in the TMRS Act. City Council has the authority to increase the statutory maximum from 13.5% to 15.5% or to remove the statutory maximum altogether(with this ordinance) and monitor the rates as needed on an annual basis. Funds are budgeted in each Department's salary line items for the retirement contribution. &TMRSContribution-1AR.pdf TMRS-Stat Max Remove TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY’S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION. WHEREAS, the City of Coppell (the “City”), is a participating municipality in the Texas Municipal Retirement System (the “System”), and has undertaken to provide certain retirement, death and disability benefits to its employees pursuant to Subtitle G, Title 8, Government Code, (hereinafter, the “TMRS Act”); and WHEREAS, the City Council desires to authorize funding of such benefits as herein provided; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS: Section 1. Pursuant to Section 855.407(g) of the TMRS Act, the City hereby elects to make future normal and prior service contributions to its account in the municipal accumulation fund of the System at such combined rate of the total compensation paid by the City to employees who are members of the System, as the System’s actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to the City under the TMRS Act, the costs of all benefits which are or may become chargeable to or are to be paid out of the City’s account in said accumulation fund, regardless of other provisions of the TMRS Act limiting the combined rate of City contributions. Section 2. The provisions of the ordinance shall become effective on the first day of _______________, 200_____. ATTEST: APPROVED: City Secretary or Clerk 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 September 9, 2008 9/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza), a zoning change 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 property located at the northwest corner of S.H. 121 and Plaza Blvd and authorizing the Mayor to sign. 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. On August 12, 2008, Council unanimously approved this zoning change (7-0). Staff recommended APPROVAL. @PD-205R2-HC,VRA ORD 1-AR, (con) 1 TM 30116.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD- 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 LOCATED AT THE NORTHWEST CORNER OF S.H. 121 AND PLAZA BLVD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS , ATTACHED HERETO AS EXHIBITS “B, C AND D”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-205R2-HC 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 2 TM 30116.2.000 amended, be and the same is hereby amended to grant a change in zoning from 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 located at the northwest corner of S.H. 121 and Plaza Blvd and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions as set forth herein below; A) Except as amended herein, the property shall be developed in accordance with Planned Development Ordinance, Ordinance 91500-A-415 which is incorporated herein as set forth in full and hereby republished. B) This property shall be replatted to establish, realign and abandon various easements in support of this development. C) The monument sign shall be permitted as indicated on the Detail Site Plan and Landscape Plans and shall be permitted to be located on a berm, not exceed two feet from street elevation. SECTION 3. That Detail Site Plan, Landscape Plan, and Elevations attached hereto as Exhibits “B, C, and D,” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. 3 TM 30116.2.000 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars 4 TM 30116.2.000 ($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 8/26/088/19/08) J:\P&ZSTF\2008 Staff Reports\July\pictures\plaza\revised for council\Legal 1.doc Page 1 of 2 LEGAL DESCRIPTION TRACT ONE 1.558 ACRES BEING a tract of land located in the G.C. WOOLSEY SURVEY, ABSTRACT NO. 1792, City of Coppell, Dallas County, Texas and being all of Lot 6, Block D of VISTA RIDGE (THE PLAZA) LOTS 1BR – 8X, BLOCK D, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Cabinet W, Page 272, Plat Records, Denton County, Texas and Volume 2005094, page 76, Map Records, Dallas county, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with a yellow plastic cap stamped “CARTER & BURGESS” found in the North right-of-way line of State Highway No. 121, a variable width right-of-way, at the Southwest corner of said Lot 6 and the Southeast corner of Lot 1A, Block D of VISTA RIDGE, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 2004238, Page 241, Map Records, Dallas County, Texas; THENCE North 00 degrees 45 minutes 09 seconds East, leaving said North right-of- way line and along the common line of said Lot 6 and said Lot 1A, a distance of 215.67 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the Northwest corner of said Lot 6 and the Southwest corner of Lot 5, Block D of said VISTA RIDGE (THE PLAZA) Addition recorded in Cabinet W, Page 272; THENCE along the common line of said Lot 6 and Lot 5, the following three (3) courses and distances: South 89 degrees 14 minutes 51 seconds East, a distance of 104.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; North 66 degrees 18 minutes 51 seconds East, a distance of 77.35 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; South 89 degrees 14 minutes 09 seconds East, a distance of 50.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner at the beginning of a non-tangent curve to the left having a central angle of 63 degrees 36 minutes 47 seconds, a radius of 86.00 feet and a chord bearing and distance of South 30 degrees 26 minutes 42 seconds East, 90.65 feet; THENCE Southeasterly, along said curve to the left, an arc distance of 95.48 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner at the beginning of a reverse curve to the right having a central angle of 63 degrees 00 minutes 57 seconds, a radius of 30.00 feet and a chord bearing and distance of South 30 degrees 44 minutes 37 seconds East, 31.36 feet; THENCE Southeasterly, along said curve to the right, an arc distance of 32.99 feet to a J:\P&ZSTF\2008 Staff Reports\July\pictures\plaza\revised for council\Legal 1.doc Page 2 of 2 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner; THENCE South 00 degrees 45 minutes 51 seconds West, a distance of 143.14 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE South 35 degrees 50 minutes 36 seconds West, a distance of 38.21 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in said North right-of-way line at the beginning of a non-tangent curve to the right having a central angle of 05 degrees 45 minutes 18 seconds, a radius of 2,665.00 feet and a chord bearing and distance of North 82 degrees 35 minutes 23 seconds West, 267.57 feet; THENCE Westerly, along said curve to the right, an arc distance of 267.69 feet to the POINT OF BEGINNING and containing 1.558 acres of land, more or less. J:\P&ZSTF\2008 Staff Reports\July\pictures\plaza\revised for council\Legal 2.doc Page 1 of 2 LEGAL DESCRIPTION TRACT TWO 0.294 ACRES BEING a tract of land located in the G.C. WOOLSEY SURVEY, ABSTRACT NO. 1792, City of Coppell, Dallas County, Texas and being a part of Plaza Boulevard and part of Lot 8X, Block D of VISTA RIDGE (THE PLAZA) LOTS 1BR – 8X, BLOCK D, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Cabinet W, Page 272, Plat Records, Denton County, Texas and Volume 2005094, page 76, Map Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at an “X” found in concrete in the North right-of-way line of State Highway No. 121, a variable width right-0f-way, at the Southeast corner of said Lot 6 and the Southwest corner of Lot 2R-1R of THE PLAZA LOT 2R-1R, BLOCK A, an Addition to the City of Lewisville, Dallas County, Texas according to the Plat thereof recorded in Document No. 20070064746, Map Records, Dallas County, Texas, said point being at the beginning of a curve to the right having a central angle of 01 degrees 07 minutes 08 seconds, a radius of 2,665.00 feet and a chord bearing and distance of North 86 degrees 01 minutes 36 seconds West, 52.04 feet; THENCE Westerly, along said North right-of-way line and along said curve to the right, an arc distance of 52.04 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE North 35 degrees 50 minutes 36 seconds East, leaving said North right-of- way line, a distance of 38.21 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE North 00 degrees 45 minutes 51 seconds East, a distance of 143.14 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner at the beginning of a curve to the left having a central angle of 63 degrees 00 minutes 57 seconds, a radius of 30.00 feet and a chord bearing and distance of North 30 degrees 44 minutes 37 seconds West, 31.36 feet; THENCE Northwesterly, along said curve to the left, an arc distance of 32.99 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set for corner at the beginning of a reverse curve to the right having a central angle of 63 degrees 36 minutes 47 seconds, a radius of 86.00 feet and a chord bearing and distance of North 30 degrees 26 minutes 42 seconds West, 90.65 feet; THENCE Northwesterly, along said curve to the right, an arc distance of 95.48 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” set in the common line of said Lot 6 and Lot 5, Block D of said Addition recorded in Cabinet W, Page 272 and Volume 2005094, Page 76; J:\P&ZSTF\2008 Staff Reports\July\pictures\plaza\revised for council\Legal 2.doc Page 2 of 2 THENCE South 89 degrees 14 minutes 09 seconds East, along said common line, a distance of 93.36 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the West line of said Lot 2R-1R at the Northeast corner of said Lot 6 and the Southeast corner of said Lot 5; THENCE South 00 degrees 45 minutes 51 seconds West, along the common line of said Lot 6 and said Lot 2R-1R, a distance of 281.59 feet to the POINT OF BEGINNING and containing 12,793 square feet or 0.294 acres of land, more or less. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ PLANNING September 9, 2008 9/F ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-209R2-C, (Planned Development-209-Revision 2-Commercial) TownOaks Centre, a zoning change from PD-209R-C (Planned Development-209-Revised-Commercial) to PD-209R2-C (Planned Development-209-Revision 2-Commercial), to amend the development regulations to allow two restaurant/retail uses within this structure, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. On June 19, 2008, the Planning Commission denied this zoning change (4-1). Commissioners Frnka, Shute, Haas and Kittrell voted in favor, Commissioner Shipley opposed. On July 8, 2008, Council unanimously approved this zoning change subject to conditions (7-0). Staff recommended APPROVAL subject to conditions. @PD-209R2-C, TO Ctr ORD, 1-AR (con) 1 TM 30124.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-209R- C (PLANNED DEVELOPMENT-209-REVISED-COMMERCIAL) TO PD-209R2-C (PLANNED DEVELOPMENT-209-REVISION 2- COMMERCIAL) TO AMEND THE DEVELOPMENT REGULATIONS TO ALLOW TWO RESTAURANT/RETAIL USES WITHIN THIS STRUCTURE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE AMENDED DEVELOPMENT REGULATIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, FLOOR PLANS, BUILDING ELEVATIONS WITH ATTACHED SIGNS AND MONUMENT SIGN ELEVATION HERETO AS EXHIBITS “B, C, D, E, F AND G” 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-209R2-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as 2 TM 30124.2.000 heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-209R-C (Planned Development-209-Revised-Commercial) to PD-209R2-C (Planned Development-209-Revision 2-Commercial) to amend the development regulations to allow two restaurant/retail uses within this structure, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following amended development regulations, which are hereby approved: A) Except as amended herein, the property shall be developed in accordance with Planned Development Ordinance, Ordinance 91500- A-405 which is incorporated herein as set forth in full and hereby republished. B) Two outdoor patio areas are permitted to encroach into the required setback areas approximately 10 feet along Sandy Lake and 14 feet along Denton Tap Road as shown on Exhibit “B”, Site Plan. C) The monument sign shall be setback at least ten feet from the property line. The face of the monument sign to be red letters with bronze background, as shown on Exhibit “G”. D) The attached signs and metal canopies shall be as indicated on the elevations, as shown on Exhibit “F”. E) The umbrellas on the patios can be maroon and red. F) The patio shall be fenced off with decorative metal railings (excluding mesh). G) Five foot sidewalks shall be provided along Denton Tap Road and Sandy Lake Road. 3 TM 30124.2.000 SECTION 3. That the Site Plan, Landscape Plan, Floor Plans, Building Elevations with Attached Signs and Monument Sign Elevation attached hereto as Exhibits “B, C, D, E, F and G”, 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 all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the 4 TM 30124.2.000 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 8/28/08) EXISTING ZONING COMMERCIAL PD-209CPROPOSED ZONING COMMERCIAL PD/209 R2-CTENANT USE INTERIOR SF PATIO SF TOTAL SFCHIPOTLE MEXICAN GRILL RESTAURANT 1,981 550 2,531 MOOYAH BURGERS & FRIES RESTAURANT 2,473 200 2,673 TOTAL SF 5,204 PARKING REQUIRED 5,204 / 100 = 52PARKING PROVIDED52** PARKING INCLUDES EXISTING CROSS PARKING AGREEMENT WITH ADJACENT LOTSPD CONDITIONS1-Patio Areas on Western and Northern Elevations shall modify setbacks to allow for construction of Patios2-Monument Sign shall have a Ten (10) foot setback3-Standing Seam Metal Canopy Awnings shall be allowed for this building as shown in Elevations.CHIPOTLE MEXICAN GRILLARCHITECT INFORMATIONRED ARCHITECT + PLANNING, LLC855 GRANDVIEW AVE.,SUITE 295COLUMBUS, OHIO 43215PH 614-487-8770Fax: 614-487-8777SITE PLANSITE DATAZONING ALL LOTS = C (COMMERCIALPH 817-737-8014TOWN OAKS CENTER ADDITIONARCHITECT INFORMATIONYORKSHIRE WEST REALTY ADVISORS, LP12201 MERIT DRIVE, SUITE 170FAX 817-737-9536PH 972-720-9300FAX 972-991-7500LOT 1MOOYAH BURGERS & FRIESF.J.L.C AND ASSOCIATES4055 INTERNATIONAL PLAZA, SUITE 510DEVELOPERDALLAS, TEXAS 75251 FORT WORTH, TEXAS 76109 p74’-0” x 10’0”=40.0 (As Shown) ( TWO FACES REQUIRED FOR ONE DOUBLE-FACE SIGN ) .090 ALUM. FACES w/ROUTED GRAPHICS; PTD. DURANODIC BRONZE #33 RED VINYL GRAPHICS APPLIED 1st SURFACE A C B ROUTED MONUMENT SIGN WITH EXTERNAL LIGHTING 3/16” #7328 WHITE BACKUP ACRYLIC w/VINYL GRAPHICS DOUBLE-FACE MONUMENT SIGN SCALE: ½”= 1’-0”3’-1”7’-3” FIELD SURVEY REQUIRED PRIOR TO FABRICATION2’-3”eqeq7’-7” 2”2” EXTERNALLY ILLUMINATED (BY OTHERS)4’-0”10’-0” Mooyah Burgers & Fries 104 S. Denton Tap Rd. @ Sandy Lake Coppell, TX Rick Sutton R. Hayner/JCR N/A 0805-081r7 06-26-08 Kristy Crep 4652 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 September 9, 2008 10 ✔ ORDINANCE Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. Staff Recommends approval of the Ordinance. $1BudgetAdopt-1AR ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2008-2009; and WHEREAS, the City Council of the City of Coppell has received the proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2008, and ending September 30, 2009 as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2008, and ending September 30, 2009. SECTION 2. That the sum of $81,057,966 is hereby appropriated for the expenditures established in the approved budget, attached hereto as Exhibit “A” and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer designated appropriations to any individual department or activity. SECTION 4. That all notices and public hearings required by law have been duly completed. SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of the 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 thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 9th day of September, 2008. APPROVED: ___________________________ MAYOR ATTEST: ___________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY 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 September 9, 2008 11 ✔ PROCEDURAL Consider the approval of the property tax revenue increase as reflected in the 2008-2009 Annual Operating Budget. Pursuant to Section 102.007 of the Texas Local Government code, when a budget raises more revenue from property tax than in previous years, a separate vote of the governing body is required to ratify this increase. A vote under this section is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate. This is a new requirement effective September 1, 2007. Staff recommends approval. $2RatifyPropTaxInc-1AR CITY OF COPPELL, TEXAS ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2008-2009 This budget will raise more total property taxes than last year’s budget by $1,599,641 or 5.43%, and of that amount $810,294 is tax revenue to be raised from new property added to the roll this year. 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 September 9, 2008 12 ✔ ORDINANCE Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2008 at .64146/$100 per valuation of which .49577 for operations and maintenance and .14569 for interest and sinking, and authorizing the Mayor to sign. Staff recommends approval of the tax rate. $3TaxRateAdopt-1AR ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2008 AT A RATE OF .64146 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2008; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That there be and is hereby levied for the year 2008 on all taxable property, real, personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of .64146 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a tax of $.49577 on each One Hundred Dollars ($100) assessed value of all taxable property. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL INCREASE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $19.61. b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.14569 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding bonds. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2008 and all ad valorem taxes for the year shall become delinquent after January 31, 2009. There shall be no discount for payment of taxes prior to said January 31, 2009. A delinquent tax shall incur all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one per cent for each month or portion of a month the tax remains unpaid. An additional penalty on delinquent personal property taxes for tax years 2008 and subsequent years is hereby authorized and imposed as provided by Section 33.11. TEXAS PROPERTY TAX CODE, in the amount of 20% of the delinquent tax, penalty and interest if tax becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter. Taxes that remain delinquent on July 1, 2009, incur an additional penalty not to exceed twenty percent of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to contract with the City’s Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as amended. Taxes for the year 2008 and taxes for all future years that remain delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax code Section 6.30 and Section 33.08, as amended. SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the year 2008, this ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 9th day of September 2008. APPROVED: ___________________________ MAYOR ATTEST: ___________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY 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 September 9, 2008 13 ✔ PRESENTATION Consider approval of the First Assembly of God Church (Living Hope), Site Plan Amendment, to allow the construction of an approximate 70-foot high bell tower at the southwest corner of the existing 11,000-square-foot exposed aggregate tilt wall building, on 5.95 acres of property located at 200 S. Heartz Road. There are no outstanding P&Z conditions. On August 21, 2008, the Planning Commission unanimously recommended approval of this site plan amendment (6-0). Commissioners Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommended APPROVAL. @01 FA of GC(Living Hope), SPA 1-AR ITEM # 4 Page 1of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT First Assembly of God Church (Living Hope), Site Plan Amendment P&Z HEARING DATE: August 21, 2008 C.C. HEARING DATE: September 9, 2008 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 200 S. Heartz Road SIZE OF AREA: 5.95 acres of property CURRENT ZONING: SF-12 (Single-Family-12) REQUEST: A Site Plan Amendment showing the location of a proposed 70-foot high bell tower at the southwest corner of an existing 11,000-square-foot painted, exposed aggregate, tilt wall building. APPLICANT: Owner: First Assembly of God Church of Coppell Rodney Collver, Pastor 200 S. Heartz Road Coppell, TX. 75019 (972) 462-0505 Fax: (972) 304-3226 HISTORY: In October of 2002, Council approved a Site Plan request to allow a 1,558 square foot expansion to the existing 29,500 square foot church building. In addition, 24 new parking spaces were added to accommodate the enlarged facility. The overall approved construction package included a porte cochere, a new rotunda, a breezeway connecting the main church to an existing 11,000 square foot building to ITEM # 4 Page 2of 3 its rear, and colonnade walls provided to add architectural interest. The breezeway has yet to be constructed. TRANSPORTATION: Heartz Road is a C2U, two-lane undivided roadway built to standard in a 50 foot right–of-way. SURROUNDING LAND USE & ZONING: North-Single family residential; PD-166-SF-7 South –Single family residential; SF-7 East –Single family residential; SF-7 West –Single family residential; SF-7 COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows the property as suitable for a variety of institutional uses including a church. DISCUSSION: This amendment to an existing church Site Plan would allow construction of a 70 foot tall bell tower on this 5.9 acre site. The bell tower is proposed to serve two purposes. One, the addition of a bell tower to an existing church will enhance the church presence in the neighborhood, and is a typical structure found on many church properties. Two, the bell tower will serve as a “stealth” structure allowing T-Mobile to locate cell phone antennas at the top of the tower in an area warranting additional telephone service in a non- threatening, and aesthetically pleasing manner. Because it will be enclosed within the bell tower, the antennas will be hidden from public view. The bell in the structure is non- functional and will not ring. The equipment needed to service the antennas will be located on the ground in a 20 foot by 20 foot enclosure shown on the amending Site Plan. Screening walls shielding this equipment will be identical to the existing building and again, will not impose upon neighborhood quality. The antennas themselves are 6 feet tall, 7 inches wide and 3 inches thick. The three antennas proposed to be located within the tower will be the same basic color as the tower, and, as mentioned above, totally screened from public view. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: ITEM # 4 Page 3of 3 Staff is recommending APPROVAL of this request subject to the following condition: 1. Delineate the dimensions of the planting area and number of wax myrtles being located on the east side of the building (to replace landscaping removed by this proposal). 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. Overall Site Plan (Sheet C-2) 2. Enlarged Tower Plan (Sheet C-3) 3. Tower Elevation (Sheet C-4) 200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL 200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL 200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL 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 September 9, 2008 14 ✔ PUBLIC HEARING Consider approval of Case No. S-1247-SF-12, T-Mobile (First Assembly of God Church), zoning change request from SF-12 (Single Family-12) to S-1247-SF-12 (Special Use Permit-1247-Single Family-12), to allow wireless communication antennas to be mounted inside a proposed 70-foot high bell tower and a 20’×20’ shelter constructed at the base. There are no outstanding P&Z conditions. On August 21, 2008, the Planning Commission unanimously recommended approval of this zoning change (6-0). Commissioners Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommended APPROVAL. @02 S-1247-SF-12. T-Mobile 1-AR ITEM # 5 Page 1of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT S-1247-SF-12, T-Mobile (First Assembly of God Church) P&Z HEARING DATE: August 21, 2008 C.C. HEARING DATE: September 9, 2008 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 200 S. Heartz Road SIZE OF AREA: 5.95 acres of property CURRENT ZONING: SF-12 (Single Family-12) REQUEST: A zoning change to S-1247-SF-12 (Special Use Permit-1247- Single Family-12), to allow a wireless communication antenna to be mounted inside a proposed 70-foot high bell tower and a 20’×20’ shelter constructed at the base. APPLICANT: Land Owner: First Assembly of God Church of Coppell Rodney Collver, Pastor 200 S. Heartz Road Coppell, TX. 75019 (972) 462-0505 Fax: (972) 304-3226 Applicant as agent for T-Mobile: Ms. Denise Cardinal 1519 Magnolia Norman, OK. 73072 (405) 820-2919 Fax (918) 516-0533 ITEM # 5 Page 2of 3 HISTORY: In October of 2002, City Council approved a Site Plan request to allow a 1,558 square foot expansion to the existing 29,500 square foot church facility. In addition, 24 new parking spaces were added to accommodate the enlarged building. The overall approved development package included a porte cochere, a new rotunda, a breezeway connecting the main church building to an existing 11,000 square foot building to its rear, and colonnade walls provided for architectural interest. The breezeway has yet to be constructed. TRANSPORTATION: Heartz Road in a C2U, two-lane undivided roadway built to standard in a 50 foot right-of-way. SURROUNDING LAND USE & ZONING: North-Single family residential; PD-166-SF-7 South –Single family residential; SF-7 East –Single family residential; SF-7 West –Single family residential; SF-7 COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows the property as suitable for a variety of institutional uses including the church and ancillary uses. DISCUSSION: This is a request to allow T-Mobile to locate three cell tower antennas inside a 70 foot tall church bell tower and place appropriate radio equipment cabinets at its base. The tower is being constructed in order to provide a stealth facility for the antenna request. The base is proposed to be a 20 foot square area with a 9 foot tall masonry screening wall to hide the equipment. The wall will be constructed out of the same material as the building, painted in the same colors, thereby being compatible with the existing structure. The applicant has provided simulation photos showing what the tower (and construction materials to be used) will look like when competed. Placed inside the bell tower, the antennas will be hidden from public view, thereby eliminating any possible visual distraction to the surrounding neighborhood. There will be three antennas, each 6 feet tall, 7 inches wide, and 3 inches ITEM # 5 Page 3of 3 thick. They will be located 67 feet above grade to ensure proper service is provided to customers. The bell tower itself will be non-operational with no ringing of bells. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following condition: 1. Delineate the dimensions of the planting area and number of wax myrtles being located on the east side of the building (to replace landscaping removed by this proposal). 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. Overall Site Plan (Sheet C-2) 2. Enlarged Tower Plan (Sheet C-3) 3. Tower Elevation (Sheet C-4) 4. Photo Simulation of Proposed Tower (3 photos) 200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL 200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL 200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL 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 September 9, 2008 15 ✔ PUBLIC HEARING Consider approval of Case No. PD–234-H, Lot 1, Block A, Wilson-Kirkland-Minyard Addition, zoning change request from H (Historic) to PD-234-H (Planned Development-234-Historic) to allow the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on 0.27 acres of property located at the southeast corner of W. Bethel Road and S. Coppell Road. There are no outstanding P&Z conditions. On August 21, 2008, the Planning Commission unanimously recommended approval of this zoning change (6-0). Commissioners Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommended APPROVAL. @03 PD-234-H, L1, Blk A, WKMA 1-AR ITEM # 6 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD–234-H, Lot 1, Block A, Wilson-Kirkland-Minyard Addition P&Z HEARING DATE: August 21, 2008 C.C. HEARING DATE: September 9, 2008 STAFF REP.: Matt Steer, City Planner LOCATION: Southeast corner of West Bethel and South Coppell Roads SIZE OF AREA: 0.27 acres of property CURRENT ZONING: H (Historic) REQUEST: A zoning change to PD-234-H (Planned Development-234- Historic) to allow the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store. APPLICANT: Applicant: Architect: City of Coppell William Peck & Associates, Inc. Mindi Hurley Bill Peck 255 Parkway Blvd. 105 W Main Street Coppell, TX 75019 Lewisville, TX 75057 Phone: 972-304-3677 Phone: 972-221-1424 Fax: 972-304-3673 Fax: 972-221-0388 HISTORY: The Old Coppell Master Plan was accepted by City Council in April of 2002. On May 13, 2003, Council amended the Land Use component of the 1996 Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the Old Coppell Master Plan and as recommended in April, 2003 by the Planning Commission. On January 11, 2005, the HO (Historic Overlay) district, containing various base zonings, was changed to a straight H (Historic) district, which includes standards for construction, design guidelines and use regulations for Old Coppell. ITEM # 6 Page 2 of 4 On the property to the east of proposed Lot 2, a rezoning to PD-108R6-H (Planned Development-108 Revision 6-Historic) was approved on July 12, 2005, to allow the development of two medical/office buildings totaling 33,100 square feet. The first of these has been constructed and is currently occupied. The property to the south of proposed Lot 2 was rezoned to PD-108R8-H on August 14, 2007. This zoning attached a concept plan for seven lots on approximately 10.4 acres and a detail plan for two 21,050-square-foot two- story retail/hotel buildings on two 1.15 acre lots, a 25,141- square-foot two-story event/conference center on a 2.8 acre lot, and a 7,812-square-foot pet bed/breakfast on a 1.04 acre lot. TRANSPORTATION: Coppell Road is a two-lane unimproved asphalt roadway within a variable width right-of-way. The current preliminary plans show this to be improved to a 37-foot two-lane concrete street with on-street parking beginning south of this property. Bethel Road is a two-lane asphalt road contained within a variable width right-of-way. Freese and Nichols has prepared the construction plans, which are now 90% complete, showing variable right-of-way widths and approximately 28 feet of pavement with eight angled parking spaces along the north side across from this request. Construction is scheduled to begin in the third quarter of 2009. SURROUNDING LAND USE & ZONING: North – retail; H (Historic) South – residential; H (Historic) East – residential; H (Historic) West – parking lot & residential; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic District (office and museum uses are appropriate). DISCUSSION: There are two structures proposed to be relocated to this site with a restroom/storage facility to be constructed in the future. The first of the buildings is the 1,150-square-foot Kirkland House. This house was built circa 1902-1904 and is one of the oldest remaining structures in Coppell, if not the oldest. The City received a grant from the Price Daniel Foundation last year for the purchase and restoration of the ITEM # 6 Page 3 of 4 structure. The current location of the Kirkland house is at the end of South Coppell Road, on the south side of West Bethel Road at the signalized intersection. The city entered into a lease agreement with the Wilson family for the property located on the southeast corner of West Bethel and South Coppell (the easternmost segment) Roads, where the windmill is located. The Kirkland house is proposed to be relocated east of the windmill, fronting West Bethel Road and will be located approximately 30 feet (measured from the proposed back of curb) from future West Bethel Road. This will be required to be listed as a PD condition as it exceeds the maximum permitted setback distance within the H District of 15 to 25 feet. After it has been restored, it will be a meeting place for the Historic Society and will have antiques and memorabilia on display. The second structure is a replica 600-square-foot Minyard’s Grocery Store. The store, along with the antique merchandise and equipment was donated to the city by the Minyard’s family. It was recently moved from the southwest corner of South Freeport Parkway and West Bethel Road to the rear of the Service Center and is being temporarily stored until the site plan is approved and the setbacks finalized. It will then be moved to the south side of the windmill and will front onto South Coppell Road. The store is proposed to be used as a museum to display what was typically found in a grocery store of the early 1930’s. The proposed restroom/storage facility will be secondary to the two structures and will match the architecture of the two buildings. This is labeled as “future”, as the timing for its construction has not yet been determined. There are six parking spaces proposed on the south side of the property. There are eight parking spaces proposed to be constructed directly across Bethel Road from this property with the Bethel Road improvement project currently scheduled for the third quarter of 2009. The combination of the two parking areas will provide sufficient parking for the two uses. The landscaping is in conformance with the Historic District regulations, except for the 10-foot perimeter landscaping on the south property line of Lot 1, noted as a PD condition. The required landscape area and trees are proposed to be provided elsewhere on site. At the request of the Historic Society, two Chinese Viburnums will be transplanted from the existing Kirkland house site. A Vitex accent tree is proposed off the northeastern corner of the proposed house ITEM # 6 Page 4 of 4 location to replicate the one at its current site. There are a total of 11 overstory trees proposed throughout. A paint color analysis will be performed in the near future to determine the exact color the Kirkland house was initially painted, and the elevations will be relabeled to reflect the color that is determined. The Minyard Grocery Store will be repainted white after repair and restoration is complete. There are still some outstanding minor technical revisions and a few substantive changes needed; therefore, staff is recommending approval subject to a list of conditions. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of this request subject to the following conditions being met: 1) Include a PD Conditions Table listing: 1) Front yard setback exceeds 25 feet (measured from back of proposed curb) & 2) Ten-foot perimeter landscaping area is not being completely provided on the south property line and will be provided elsewhere on site. 2) Include setback dimensions taken from the front of the proposed buildings to the back of the proposed curbs along West Bethel and South Coppell Roads, and include parking lot dimensions (width of drive approach and aisle). 3) Recalculate the perimeter landscaping provided and change number within the area provided in chart. 4) Include the existing tree on the east side of the Kirkland house and redistribute the proposed trees along this property line. 5) Label walkway materials on site plan and note that they will be lighted inconspicuously. 6) Revise the Kirkland house elevations to remove the proposed railing from the front porch, relabel the proposed paint colors from “white” to “color to be determined upon paint analysis” and relabel the proposed roofing material to “new architectural shingles.” 7) Correct misspellings and punctuation (museum, Spiraea, Burford, future) and ensure acreage is labeled correctly on site plan. 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 (2 pages) SHEET 2 OF 21 A001 COPPELL, TEXASSITE PLAN / LANDSCAPEPLANWILSON-KIRKLAND-MINYARDADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVED08-27-08 08-12-08 B.R.G. SITE PLAN / LANDSCAPE PLAN WILSON - KIRKLAND - MINYARD RELOCATION SITE APPLICANT : MINDI HURLEY ,ECONOMIC DEVELOPMENT CITY OF COPPELL 255 PARKWAY BLVD. COPPELL, TEXAS 75019 PHONE: 972-304-3677 FAX: 972-304-3673 ARCHITECT : BILL PECK WILLIAM PECK & ASSOCIATES INC. 105. W. MAIN ST. LEWISVILLE ,TX 75057 PHONE: 972-221-1424 FAX- 972-221-0388 N 13'-10"39'-11 3/4"17'-5 1/2"9'-0"18'-0"24'-0"18'-0"33'-4"16'-11 3/4"30'-0"8'-0"3'-0"169 sq ft R=635.00' L=28.82' DELTA=02°36'00" CB=N86°41'51"W CH=28.81' EXIST. F.H. WALKWAYS TO BE LIGHTED INCONSPICUOUSLY WALKWAYS TO BE DECOMPOSED GRANITE WALKWAYS TO BE DECOMPOSED GRANITE N 87°22'59"W 187.42' N 88°01'51" W 86.00'S01°31'01"W138.00'N 88°01'51"W 73.24'S00°27'20"W219.20'N01°31'01"E217.46'182.87'130.44'58.37'25.01' 61.00'12.24'S46°44'35"W 35.22'LOT 2 0.566ACRES LOT 1 0.265 ACRES BETHEL ROAD MINYARD'S PROPOSED LOCATION 600 SQ. FT. FUTURE SITE FOR RESTROOMS 169 SQ. FT. EXISTING WINDMILL APPROX. LOCATION PARKING KIRKLAND HOUSE PROPOSED LOCATION 1,150 SQ.FT. VAN ACCESSIBLE LEVEL W/ PAVEMENT S. COPPELL ROADLE LE VTX BO LO LE RO RO RORO RO BO BO LE ROW DEDICATION PD-108R6-HPD-108R8-H 195.32'23.88'N 85°25'51"E 56.81' S 87°53'22"E 183.34' APPROX. LOCATION OF EXISTING STRUCTURE APPROX. LOCATION OF EXISTING STRUCTURE APPROX. LOCATION OF EXISTING STRUCTURE RAMP 1:12 SLOPE EXISTING TREE TO REMAIN RAMP 1:12 SLOPE LANDING WALKWAYS TO BE LIGHTED INCONSPICUOUSLY CV CV SITE DATA TABLE EXISTING ZONING : HISTORIC PROPOSED ZONING : PLANNED DEVELOPMENT 234-HISTORIC PROPOSED USE : OFFICE & MUSEUM KIRKLAND HOUSE : 1,150 SQ. FT. , 25' HIGH MINYARD STORE : 600 SQ. FT. , 17' HIGH REQUIRED PARKING : 1:300 FOR OFFICE; 5 FOR MUSEUM PROVIDED PARKING : 6 SPACES ( INCLUDING 1 HANDICAP) PROPOSED LOT COVERAGE : 14.7% FAR ; .147:1 MATERIALS LIST TYPEQTY.SIZE 2 5 3 2 1 2 14 20 LIVE OAKS BUR OAKS LACE BARK ELMS VITEX RED OAKS CHINESE VIBURNUM SPIRAEA ( ANTHONY WATERER) DWARF BURFORD HOLLIES 45 GAL. CONT. GROWN 45 GAL. CONT. GROWN 45 GAL. CONT. GROWN 45 GAL. CONT. GROWN 20 GAL. 25 GAL. 5 GAL. SPACED 3' O.C. 5 GAL. SPACED 3' O.C. LANDSCAPE AREA & TREE CALCULATIONS PERIMETER 3961 SQ.FT. REQUIRED 2924 SQ. FT. PROVIDED TREES 9 REQUIRED 9 PROVIDED ELSEWHERE W/N SITE ( NOT ALL LOACTED W/N PERIMETER) INTERIOR 300 SQ.FT. REQUIRED 300 SQ. FT. PROVIDED TREES 2 REQUIRED 2 PROVIDED NONVEHICULAR 1,495 SQ.FT. REQUIRED 3413 SQ. FT. PROVIDED TREES 1 REQUIRED 1 PROVIDED PD CONDITIONS 1.) FRONT YARD SETBACK EXCEEDS 25 FEET (MEASURED FROM BACK OF CURB) 2.)TEN-FOOT PERIMETER LANDSCAPING AREA IS NOT BEING COMPLETLY PROVIDED ON THE SOUTH PROPERTY LINE AND WILL BE PROVIDED ELSEWHERE LEGEND LACE BARK ELMS PROPOSED W/ BETHEL ROAD IMPROVMENTS PROPOSED OVERSTORY ON-SITE TREES FOUNDATION PLANTING ACCENT TREE EXISTING TREE TO BE REMOVED SCALE: 1' = 1'-0"4 SKETCH # 3 SCALE: 1" = 20'1 1st FLOOR SCALE: 1' = 1'-0"2 SITE PLAN FRONT SCALE: 1' = 1'-0"3 SITE PLAN CORNER A-101COPPELL, TEXASFLOOR PLAN & ELEVATIONSWILSON-KIRKLAND-MINYARDADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVED08-27-08 08-12-08 W1026'-0"2'-0"W1006'-0"2'-0"W1016'-0"2'-4"D101W1106'-0"2'-4"D100W1096'-0" 2'-4"W1086'-0" 2'-4" W107 2'-4"6'-0"D109 D105 W1032'-4" 6'-0"W1062'-0" 6'-0"W1042'-0" 6'-0"W1052'-4" 6'-0" D103 D102 D106 D107D108 D104 EXISTING WOOD COLUMN TO BE PAINTED. COLOR TO BE DETERMINED UPON PAINT ANALYSIS NEW ARCHITECTURAL SHINGLES EXISTING HORIZONTAL SIDING TO BE PAINTED. COLOR TO BE DETERMINED UPON PAINT ANALYSIS EXISTING TRIM TO BE PAINTED.COLOR TO BE DETERMINED UPON PAINT ANALYSIS NEW FRONT PORCH TO BE CONSTRUCTED OF KILN DRIED TUNGUE AND GROVE AND PAINTED. COLOR TO BE DETERMINED UPON PAINT ANALYSIS NEW ARCHITECTURAL SHINGLES EXISTING SIDING TO BE PAINTED.COLOR TO BE DETERMINED UPON PAINT ANALYSIS NEW RAMP AND HAND RAIL TO BE CONSTRUCTED FROM TREX. NEW RAILING TO BE CONSTRUCTED OF WOOD AND PAINTED. COLOR TO BE DETERMINED UPON PAINT ANALYSIS EXISTING SIDING PAINTED. COLOR TO BE DETERMINED UPON PAINT ANALYSIS NEW PORCH TO BE CONSTRUCTED OF WOOD AND PAINTED. COLOR TO BE DETERMINED UPON PAINT ANALYSIS NEW ARCHITECTURAL SHINGLES NEW ARCHITECTURAL SHINGLES NEW ARCHITECUTURAL SHINGLES EXISTING SIDING TO BE PAINTED. COLOR TO BE DETERMINED UPON PAINT ANALYSIS SCALE: 1/4" = 1'-0"A 1st FLOOR PLAN 0 2' 4'8' SCALE: 3/16" = 1'-0"B Front SCALE: 3/16" = 1'-0"D RIGHT SCALE: 3/16" = 1'-0"E BACK SCALE: 3/16" = 1'-0"C LEFT NOT TO SCALEHFRONT RIGHT NOT TO SCALEGFRONT LEFT NOT TO SCALEFBACK LEFT NOT TO SCALEEBACK RIGHT A-201 COPPELL, TEXASNORTH & EASTELEVATIONS WILSON-KIRKLAND-MINYARDADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVED08-27-08 08-12-08 B.R.G. EXISTING WHITE SIDING 1 2 3 4 SCALE: 3/8" = 1'-0"1 FRONT ELEVATION SCALE: 3/8" = 1'-0"2 RIGHT ELEVATION SCALE: 3/8" = 1'-0"3 BACK ELEVATION SCALE: 3/8" = 1'-0"4 LEFT ELEVATION SCALE: 3/16" = 1'-0"5 FLOOR PLAN SCALE: 1' = 1'-0"6 MINYARDS FL SCALE: 1' = 1'-0"7 MINYARDS FR SCALE: 1' = 1'-0"8 MINYARDS BL SCALE: 1' = 1'-0"9 MINYARDS BR 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 September 9, 2008 16 ✔ PUBLIC HEARING Consider approval of the Wilson-Kirkland-Minyard Addition, Lots 1 & 2, Block A, Minor Plat, to establish a building site to allow for the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on Lot 1 (.27 acres) and retention of the existing structures on Lot 2 (.56 acres) located at the southeast corner of W. Bethel Road and S. Coppell Road. There are no outstanding P&Z conditions. On August 21, 2008, the Planning Commission unanimously recommended approval of this minor plat (6-0). Commissioners Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommended APPROVAL. @04 WKMA. Lots 1 & 2, Blk A, MP 1-AR ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Wilson-Kirkland-Minyard Addition, Lots 1 & 2, Block A, Minor Plat P&Z HEARING DATE: August 21, 2008 C.C. HEARING DATE: September 9, 2008 STAFF REP.: Matt Steer, City Planner LOCATION: The southeast corner of West Bethel and South Coppell Roads SIZE OF AREA: .93 acres of property CURRENT ZONING: H (Historic) REQUEST: A Minor Plat to establish a building site to allow for the relocation of a 1,100-square-foot house and a 600-square- foot replica of the Minyard’s drug store on Lot 1 and retention of the existing structures on Lot 2. APPLICANT: Applicant: Architect: City of Coppell William Peck & Associates, Inc. Mindi Hurley Bill Peck 255 Parkway Blvd. 105 W Main Street Coppell, TX 75019 Lewisville, TX 75057 Phone: 972-304-3677 Phone: 972-221-1424 Fax: 972-304-3673 Fax: 972-221-0388 HISTORY: The Old Coppell Master Plan was accepted by City Council in April of 2002. On May 13, 2003, Council amended the Land Use component of the 1996 Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the Old Coppell Master Plan and as recommended in April 2003 by the Planning Commission. On January 11, 2005, the HO (Historic Overlay) district, containing various base zonings, was ITEM # 7 Page 2 of 3 changed to a straight H (Historic) district, which includes standards for construction, design guidelines and use regulations for Old Coppell. On the property to the east of proposed Lot 2, a rezoning to PD-108R6-H (Planned Development-108 Revision 6-Historic) was approved on July 12, 2005, to allow the development of two medical/office buildings totaling 33,100 square feet. The first of these has been constructed and is currently occupied. The property to the south of proposed Lot 2 was rezoned to PD-108R8-H on August 14, 2007. This zoning attached a concept plan for seven lots on approximately 10.4 acres and a detail plan for two 21,050-square-foot two- story retail/hotel buildings on two 1.15 acre lots, a 25,141- square-foot two-story event/conference center on a 2.8 acre lot, and a 7,812-square-foot pet bed/breakfast on a 1.04 acre lot. TRANSPORTATION: South Coppell Road is a two-lane unimproved asphalt roadway within a variable width right-of-way. The current preliminary plans show this to be improved to a 37-foot two- lane street with on-street parking beginning south of this property. West Bethel Road is a two-lane asphalt road contained within a variable width right-of-way. Freese and Nichols has prepared the construction plans, which are now 90% complete, showing variable right-of-way widths and approximately 28 feet of pavement with eight angled parking spaces along the north side across from this request. Construction is scheduled to begin in the third quarter of 2009. SURROUNDING LAND USE & ZONING: North – retail; H (Historic) South – residential; H (Historic) East – residential; H (Historic) West – parking lot & residential; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for a use allowed in the Historic District (office and museum uses are appropriate). DISCUSSION: This is the companion request to plat the property to allow the relocation of the Kirkland house and the Minyard’s ITEM # 7 Page 3 of 3 replica store to Lot 1 adjacent to the existing windmill on the southeast corner of South Coppell Road and West Bethel Road. The reason behind the minor plat is to create a building site on Lot 1 and retention of the existing structures on Lot 2. A small portion of right-of-way is being dedicated along West Bethel Road and at the intersection for eventual road and streetscaping improvements. Staff is comfortable recommending approval, as the plat is in compliance with all Subdivision Ordinance requirements and only one outstanding condition remains. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with one outstanding condition. 1) Revise the signature block to reflect Ruby Nell Wilson as the owner. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Minor Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING September 9, 2008 17 ✔ PUBLIC HEARING Consider approval of the Stringfellow Addition (Coppell Vision Center), Lot 9R, Block A, Replat, to establish fire lanes, building lines and easements 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. There are no P&Z conditions. On August 21, 2008, the Planning Commission unanimously recommended approval of this replat (6-0) with no conditions. Commissioners Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommended APPROVAL. @05 SA (CVC), L9R, BA, RP 1-AR ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Stringfellow Addition (Coppell Vision Center), Lot 9R, Block A, Replat P&Z HEARING DATE: August 21, 2008 C.C. HEARING DATE: September 9, 2008 STAFF REP.: Matt Steer, City Planner LOCATION: 541 East Sandy Lake Road SIZE OF AREA: 0.434 acres of property CURRENT ZONING: PD-233-R (Planned Development-233-Retail) REQUEST: A Replat to establish fire lanes, building lines and easements to allow the construction of a 2,600-square-foot medical office. APPLICANT: Applicant: Representative: Dr. Laura Pels Daniel Heischman Coppell Vision Dowdey Anderson & Associates 757 S. MacArthur Blvd. 5225 Village Creek Dr., Suite 200 Coppell, Texas 75019 Plano, Texas 75093 HISTORY: This property is currently Lot 9, Block A, of the Stringfellow Addition, a residential subdivision filed in November 1961. Since the initial subdivision, different portions have been replatted. Nash Manor divided one of the original lots into multiple lots, and the Stringfellow Addition Replat amended the lot line between Lots 4 & 5, Block B. The property to the east was replatted in July 2005 to allow for the construction of the Nationwide Insurance Office on Lot 1R, Block A. A Replat for the Ark Church, located on the southwest corner of Holly and Sandy Lake, was approved as Lot 1R, Block B, Stringfellow Addition. The subject property was developed in 1970 as a single family residence, and a rezoning to PD-233-Retail was ITEM # 8 Page 2 of 2 recently approved on July 8, 2008, for a 2,600 square foot medical office. TRANSPORTATION: Sandy Lake Road is a four-lane, divided thoroughfare, built generally within 100-feet of right-of-way. Nash Street is a two-lane, asphalt, undivided local street, built within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North – Sandy Lake Road Baptist Church & Medical/Office building; SF-12 (Single Family-12) & C (Commercial) South – Residential; SF-12 (Single Family-12) East – Nationwide Insurance Office; PD-203-R (Planned Development-203-Retail) West - Residential; SF-12 (Single Family-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows neighborhood retail as an appropriate land use. DISCUSSION: This is a simple residential replat request. The property was rezoned to allow for the proposed medical office type use on July 8, 2008. The plat is depicting a proposed fire lane, access, utility and drainage easement overlaying the proposed drive aisle in the proposed parking lot. There is a 60-foot front yard building line shown on Sandy Lake and a 30-foot front yard building line shown on Nash. Parking is not typically allowed within the 30-foot front yard building line, but an exception was granted as a condition of the previously approved Planned Development. There are no remaining conditions and staff is agreeable to this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with no outstanding conditions. 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. Replat REVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.COPPELL VISION CENTER August 11, 2008 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING September 9, 2008 18 ✔ PRESENTATION Consider approval of the Deer Run Addition, Phase II, Lot 1, Block 1, Minor Plat, to establish a building site and setback lines to allow the construction of a new single-family home to front on Hawken Drive, on 0.709 acres of property located on the north side of Ruby Road, property known as 600 Ruby Road. The following conditions must be met prior to the issuance of a building permit for a single-family home on this lot: 1. If any trees are to be removed, a Tree Removal Permit will be required, and the tree survey will need to be brought into compliance with 12-34-2 of the Zoning Ordinance. 2. Engineering review and approval of the location of new taps and meters for water and sewer. 3. Drainage will be evaluated during engineering plan review. 4. Engineering review and approval of proposed curb cut on Hawken, and the removal of the curb cuts on Ruby Road. On August 21, 2008, the Planning Commission unanimously recommended approval of this minor plat (6-0) subject to the above-stated conditions. Commissioners Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Staff recommended APPROVAL. @06 DRA, PH II, L1, B1, MP 1-AR ITEM # 9 Page 1of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Deer Run Addition, Phase II, Lot 1 Block 1, Minor Plat P&Z HEARING DATE: August 21, 2008 C.C. HEARING DATE: September 9, 2008 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 600 Ruby Road SIZE OF AREA: 0.709 acres of property CURRENT ZONING: 2F-9 (Two-Family-9) REQUEST: A Minor Plat to establish a building site and setback lines to allow the construction of a new single-family home to front on Hawken Drive. APPLICANT: OWNER: SURVEYOR: John Howell Billy Duckworth 1229 Canes Court Analytical Surveys, Inc. Carrollton, Texas 75006 707 Easy Street 214-549-8818 Garland, Texas 75042 FAX: 972-446-8818 972-272-6287 FAX: 972-272-8407 HISTORY: There is no zoning or platting history. The existing 1,500 square foot home was constructed in 1948. TRANSPORTATION: Ruby Road is a 37-foot-wide two-lane undivided concrete road within 60-foot R.O.W. ITEM # 9 Page 2of 3 SURROUNDING LAND USE & ZONING: North – Deer Run Subdivision – 2F-9 (Two Family-9 District) South – Container Store – PD-186R5-LI (Planned Development – Light Industrial) East - Deer Run Subdivision – 2F-9 (Two Family-9 District) West - Manufactured Home Park - 2F-9 (Two Family-9 District) COMPREHENSIVE PLAN: The Comprehensive Master Plan designates this area as Residential - Medium Density. DISCUSSION: The new owner of this property desires to demolish the existing 60-year-old home, which fronts on Ruby Road, overlooking the loading docks for the million square foot Container Store warehouse, and construct a new home fronting onto the Deer Run residential subdivision. Deer Run subdivision was designed with Hawken Drive abutting this property, thus allowing direct access from this property into this subdivision. It is the owner’s intent to provide driveway access to Hawken Drive and construct a screening wall along Ruby Road, to align with the existing screening wall in Deer Run. If reoriented in this manner the new address would be 551 Hawken Drive. There are many mature trees within this 0.7 acre lot, which the owner plans to preserve with this redevelopment. This house was constructed prior to the incorporation the city of Coppell, and therefore this property has never been platted. Per the provisions of Sec. 12-39-1 of the Zoning Ordinance: “Creation of building site. No permit for the construction or expansion of any building shall be issued until a building site is established by a lot which is a part of an approved plat filed in the plat records of the appropriate county.” Thus, requiring this Minor Plat. Although the owner has a preliminary concept of the home he desires to build, architectural plans have not been prepared. This Minor Plat serves to designate the front yard along Hawken Drive to align with the front yard setback of abutting lots, establishes building lines and provides for the dedication of 10 feet of right-of-way for Ruby Road. The approval of this plat will be subject to various technical requirements which are more appropriately addressed ITEM # 9 Page 3of 3 during the design phase for this type of single lot residential development. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Deer Run Addition, Phase II, Lot 1 Block 1, Minor Plat, subject to the following: A. Revisions needed to the plat: 1. Evaluate the need for the extension of the five foot utility easement with the franchise utility companies, including contacting Larry Redick at 972-323-8917, Oncor Delivery Company. 2. Delete the three-foot landscape easement. 3. Update the vicinity map. B. Prior to the issuance of a building permit for a single family home on this lot, the following conditions need to be met: 1. If any trees are to be removed, a Tree Removal Permit will be required, and the tree survey will need to be brought into compliance with 12-34-2 of the Zoning Ordinance. 2. Engineering review and approval of the location of new taps and meters for water and sewer. 3. Drainage will be evaluated during engineering plan review. 4. Engineering review and approval of proposed curb cut on Hawken, and the removal of the curb cuts on Ruby Road. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Preliminary Site Plan 2. Minor Plat of Lot 1, Block 1, Deer Run, Phase II Addition 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 September 9, 2008 19 ✔ ORDINANCE Consider approval of an ordinance approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. Atmos requested to increase rates to generate an additional $33.5 million in revenues through the new Rate Review Mechanism that replaced the more unfavorable GRIP ratemaking process. The original rate increase has been negotiated down to reflect a rate increase that will result in an increase in revenues of approximately $20 million. The average monthly residential gas bill will increase $0.81. Our consultants agree Atmos can justify an increase in rates to generate an additional $20 million in revenue and has recommended approval of the attached settlement. Staff recommends approval. $AtmosGas-1AR 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com M E M O R A N D U M TO: Atmos City Steering Committee (ACSC) Members FROM: Geoffrey Gay Kristen Doyle DATE: August 13, 2008 RE: FINAL ACTION BY OCTOBER 1ST – Atmos RRM Settlement The ACSC Settlement Committee (Jay Doegey – Arlington, Danny Reed – Fort Worth, Mark Israelson – Plano, Don Wilson – Eastland, Cathy Cunningham – various ACSC cities, Phil Boyd – Lewisville, Rodney Adams – Irving), with the advice and input of ACSC consultants and lawyers, has worked to resolve the Company's pending $33.5 million Rate Review Mechanism ("RRM") rate increase request without the necessity of a protracted and costly contested case proceeding. The attached tariff that reflects rates that will increase Atmos' revenues by $20 million. The negotiated result represents a 35 percent reduction in Atmos' requested rate increase. The monthly bill impact for an average residential customers is $0.81. The RRM process was created by Atmos and ACSC to eliminate the piecemeal ratemaking GRIP process in favor of an expedited rate review controlled by cities The Company's filing is the first filing pursuant to the agreed RRM process. The ACSC Executive Committee recommends approval of the negotiated resolution because it represents an outcome that is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Please schedule consideration of the ordinance for your next available council meeting. Final council action to approve the ordinance must take place by October 1st. To assist you, several documents are attached: • An ordinance setting new rates. The approved Ordinance should include the attached Tariff ("Attachment A" to the Ordinance) and Proof of Revenues ("Attachment B") • A model staff report • An explanation of key provisions of the RRM tariff and filing Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is unable to meet the October 1st deadline for final action. Once final action has been taken by your city, please forward a copy of the ordinance to Atmos Mid-Tex and to our paralegal, Gary Stiffler (fax number: 512/472-0532, gstiffler@lglawfirm.com). Rate Review Mechanism Fact Sheet *The Rate Review Mechanism (RRM) was created as part of a collaborative agreement between ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability Infrastructure Program (GRIP) surcharge process. *The RRM authorizes cities to meaningfully review and dispute the company’s annual rate filings in an expedited rate proceeding at the city level. This authority was lacking under the GRIP process. *The RRM will function as a substitute for future GRIP filings during the three-year trial period. *The RRM permits the Company to seek an annual review of its revenues, estimated cost of operations, and capital investments. In most cases, the company cannot seek rate adjustments greater than 5 percent. The Company must provide evidence as part of the annual review process that Cities can assess and, if necessary, challenge. *The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses exceed its anticipated revenues for a 12 month period. However, if the Company's revenues exceed its authorized rate of return, it must issue refunds. Costs Expressly Prohibited from Recovery Under the RRM: First class air-fare, travel, meals or entertainment for employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. The RRM is applicable only to the Company's base rates - the cost of delivering natural gas to customers. The commodity price of natural gas is a pass-through cost to customers that can change monthly based upon the price of natural gas. Process for RRM Filing: Cities have 90 days to review the Company's RRM filing. After the 90-day "Review Period," the 30-day "Response Period" allows Cities to work with the Company regarding issues identified by the city during the Review Period. Atmos Mid-Tex' first RRM was made April 14, 2008. In subsequent years, Atmos will make its RRM filing with Cities on or after April 1st of each year. (The filing date is referred to as the "Annual Evaluation Date" in the tariff.) The City and the Company commit to act collaboratively during this process. However, if Cities and the Company cannot come to agreement at the end of the Response Period, the Company may appeal a city's action or inaction on the RRM to the Railroad Commission. ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, Atmos and ACSC Cities have been in continuing disagreement, dispute, and litigation over the implementation of GRIP surcharges pursuant to Section 104.301 of the Texas Utilities Code; and WHEREAS, as part of the negotiations to resolve Atmos' 2007 rate case, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled by Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action earlier this year to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and 1 WHEREAS, on or about April 14, 2008, Atmos Mid-Tex filed with the City its first application pursuant to the RRM tariff to increase natural gas rates by approximately $33.5 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Negotiation Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company’s RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos is able to justify a rate increase of $19.8 million; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommends ACSC members approve the attached rate tariffs ("Attachment A" to this Ordinance) that will increase the Company's revenue requirement by $20 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues ("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by ACSC Cities (including but not limited to a reduction of the residential customer monthly charge to $7.00 per month) and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any Settlement Agreement that Atmos enters into with other entities arising out of its RRM or any associated appeals of a decision entered by the Railroad Commission regarding the Company's request to increase rates. The ACSC Cities’ acknowledge that the exercise of this right is conditioned upon the ACSC Cities’ acceptance of all rates, revenues, terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company’s RRM filing in toto; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds that the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' proof of revenues, 2 which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Section 3. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 4. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 6. That if ACSC Cities determine any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in Atmos' RRM filing would be more beneficial to the ACSC Cities than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities. Exercise of this right is conditioned upon ACSC Cities' acceptance of all rates, revenues, terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company’s RRM filing in toto. Section 8. That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for customer bills delivered on or after October 1, 2008. 3 Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this __________ day of ___________________, 2008. _________________________________ Douglas N. Stover, Mayor ATTEST: __________________________________ Libby Ball, City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney 4 ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT B ATTACHMENT B ATTACHMENT B 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: THE FOLLOWING VACANCIES ARE AVAILABLE: 2008 ANIMAL SERVICES ADVISORY & APPEALS BOARD 1 Veterinarian (2-year term of office) AMERICAN RED CROSS REPRESENTATIVE 1 Citizen (3-year term of office) BOARD OF ADJUSTMENT 3 Citizens (2-year term of office) 2 Alternates (2-year term of office) COPPELL EDUCATION DEVELOPMENT CORPORATION 3 Citizens (2-year term of office) COPPELL ECONOMIC DEVELOPMENT COMMITTEE 5 Citizens (2-year term of office) AGENDA REQUEST NARRATIVE KEEP COPPELL BEAUTIFUL COMMITTEE 3 Citizens (2-year term of office) 1 Citizen (1-year term of office) KEEP COPPELL BEAUTIFUL COMMITTEE – YOUTH ADVISOR 2 Students (1-year term of office) LIBRARY BOARD 4 Citizens (2-year term of office) 1 Alternate (2-year term of office) LIBRARY BOARD - YOUTH ADVISOR 2 Students (1-year term of office) PARKS AND RECREATION BOARD 7 Citizens (2-year term of office) 2 Alternates (2-year term of office) PLANNING AND ZONING COMMISSION 3 Citizens (2-year term of office) AGENDA REQUEST FORM DATE: September 9, 2008 ITEM #: 21 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding meeting with the Coppell Women’s Club. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: September 9, 2008 ITEM #: 22 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: September 9, 2008 ITEM #: 23 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: September 9, 2008 Department Submissions: Item No. 9/D was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Human Resources Department Item Nos. 9/E, 9/F, 13, 14, 15, 16, 17 and 18 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. ____________________ City Manager (or Deputy City Manager)