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CP 2009-01-27 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 27, 2009 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 CLAY PHILLIPS, 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, January 27, 2009, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag012709 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Northlake Settlement. 2. Discussion regarding Procedures Manual. 3. Eminent Domain – City of Coppell vs. Hassan Khosravi. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects west of Denton Tap and north and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review of FY07-08 Audit. B. Review of Non-Profit Funding Application Process. C. Discussion regarding Activity Programming at Town Center Plaza. D. Discussion regarding the 2009 Work Plan. E. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Presentation by Senior Adult Services. 8. Report by Coppell Economic Development Committee. 9. Citizens' Appearances ag012709 Page 2 of 5 ITEM # ITEM DESCRIPTION CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 13, 2009. B. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and American Homes Mortgage Servicing, Inc., and authorizing the Mayor to sign. C. Consider approval of a Resolution approving an Amended and Restated Tax Abatement Agreement between the City of Coppell and Duke Realty Limited Partnership, and authorizing the Mayor to sign. D. Consider approval of an ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 1 (A) of the Code of Ordinances; making it unlawful to park, stand, or stop a vehicle at all times on the east side of Chateaus Drive adjacent to Lots 42, 43, 50, and 51, and prohibiting on-street parking adjacent to Lots 1X and 4X, as denoted on the official plat for the Chateaus of Coppell subdivision; and authorizing the Mayor to sign and execute any necessary documents. E. Consider approval of an ordinance amending the Code of Ordinances, Chapter 1, Article 1.4, Section 1-4-2 entitled "Street Name Changes" by adding paragraph 'S' to rename Village Drive, between MacArthur Boulevard and Raintree Circle in the Raintree Village subdivision, to Samuel Boulevard; and authorizing the Mayor to sign and execute any necessary documents. F. Consider approval of a resolution of the City Council of the City of Coppell, Texas adopting the Dallas County Local Mitigation Strategy for the purpose of meeting compliance goals of the Federal Emergency Management Administration (FEMA) Hazard Mitigation Action Plan (HAZMAP) requirements and authorizing the Mayor to sign. END OF CONSENT ag012709 Page 3 of 5 ITEM # ITEM DESCRIPTION 11. Consider approval of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2008. 12. Consider approval of a resolution of the City Council of the City of Coppell, Texas, Supporting the Regional Transportation Council's Legislative program for the 81st Texas Legislature; and authorizing the Mayor to sign. 13. Mayor and Council Reports. A. Report by Mayor Stover regarding May 9th Election. B. Report by Mayor Stover regarding the Chamber Luncheon. C. Report by Mayor Stover regarding the Market Street Grand Opening. 14. 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. L. NTCOG/Regional Emergency Management – Franklin. M. North Texas Commission – Franklin. N. Senior Adult Services – Faught. 15. Necessary action resulting from Work Session. 16. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor ag012709 Page 4 of 5 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 23rd day of January, 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). ag012709 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: January 27, 2009 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding Northlake Settlement. 2. Discussion regarding Procedures Manual. 3. Eminent Domain - City of Coppell vs. Hassan Khosravi. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects west of Denton Tap and north and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: January 27, 2009 ITEM #: WS-3 WORK SESSION A. Review of FY07-08 Audit. B. Review of Non-Profit Funding Application Process. C. Discussion regarding Activity Programming at Town Center Plaza. D. Discussion regarding the 2009 Work Plan. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn Guidelines For Requesting Non-Profit Social Services and/or Arts Funding Assistance The City of Coppell will consider funding requests related to social service care provided by non-profit organizations to the citizens of Coppell. The City of Coppell will consider funding requests related to the encouragement, promotion, improvement and application of the arts. To be considered for financial assistance from the City of Coppell the organizations must: • be a non-profit 501(c) (3) with written documentation from the IRS • provide a service to residents of Coppell • and fulfill the requirements as stated below in the guidelines. Requirements: I. Please complete the enclosed application form. II. Attach the following information: • Literature about your organization. • Information regarding your organization’s role in providing service to Coppell residents. • Annual budget and operating report (summary of funding sources, services, & activities). • Audit report or financial statements containing statement of assets, liabilities & fund balances. • Written verification of non-profit status from the IRS. III. To be considered, application packets must be submitted by April 10th of the current year to: City of Coppell Finance Department Attn: Jennifer Miller 255 Parkway Blvd. Coppell, TX 75019 If you have questions, please contact: Jennifer Miller Director of Finance (972) 304-3689 (972) 304-3571-Fax jmiller@ci.coppell.tx.us City of Coppell General Guidelines Non-Profit Services Organizations Funding The City of Coppell will consider funding requests from non-profit social service organizations rendering social service care to the citizens of Coppell. These requests will be considered annually on an individual case-by-case basis. 1. The non-profit social service organization’s funding request will be reviewed and considered during an annual budget workshop. Each non-profit service organization will make a brief presentation to the Coppell City Council every three years, unless otherwise requested by Council. First time requestors will make a presentation to Council. 2. Eligibility Requirements: a. Must be a non-profit 501 (c) (3) organization with documented proof from the IRS. b. Provide all requested documents, complete the attached application and submit no later than April 10th of the current year. 3. Eligible social service care activities for funding consideration include senior services, children and youth services, disabled persons assistance, health and mental health services, crisis and financial services, victim’s assistance, substance abuse, and other related social services as approved by the Mayor and Council on an individual basis. City of Coppell General Guidelines Arts Funding The City of Coppell will consider funding requests related to the encouragement, promotion, improvement and application of the arts including music, dance, drama, painting, sculpture, photography or other art related activities as approved by the Mayor and Council on an individual basis. 1. The arts funding request will be reviewed and considered during the budget workshop in which the regular non-profit service organizations requests are presented Each arts organization will make a brief presentation to the Coppell City Council each year that funding assistance is requested. 2. Eligibility Requirements: a. Facility or meeting location shall be within the City of Coppell; b. Must have a minimum of three (3) or more performances/events on an annual basis within Coppell; c. Must be a non-profit 501 (c) (3) organization with documented proof from the IRS. d. Provide all requested documents, complete the attached application and submit no later than April 10th of the current year. 3. Eligible arts activities for funding consideration shall include instrumental and vocal music, dance, drama, painting, sculpture, photography or other art related activities as approved by the Mayor and Council on an individual basis. 4. At least fifty percent (50%) of the beneficiaries of the arts funding shall be Coppell residents or Coppell ISD students. 5. In no case shall the amount allocated to an arts organization exceed the highest funded amount provided to a social services organization. Date: Organization Name: Presentation Time: (if necessary) Presenter name(s): Person Completing Information: Amount Requested: Amount given last year: Service Provided: Total Number of Individuals Receiving Service Number of Coppell Residents Receiving Service Percentage of Coppell Residents Receiving Service (as a Percentage of Total) Total Budget $ Direct Assistance Provided to Coppell residents $ % of Budget from Coppell % Funding received from other Partner Cities $ Overhead percentage Number of Persons in Organization 501.c.3/Non Profit Number (To be filled in by City of Coppell Finance Dept.) Service Organization Cover Sheet At a Glance Summary PARKS AND RECREATION DEPARTMENT CITY COUNCIL WORK SESSION ITEM Date: January 27, 2009 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Town Center Plaza Activity Programming The Town Center Plaza was dedicated on July 4, 2008, after the Fourth of July Parade. Since the opening, two existing city special events that have been relocated from the front of Town Center to the Town Center Plaza; Holiday Celebration after the Lighted Parade on the first Saturday evening in December and the Earthfest on the first Saturday in April. In addition, a Movie Night was held on November 22, 2008, with dozens in attendance to watch Polar Express. With more public exposure through special events, there is an expectation that community groups will use Town Center Plaza for gatherings, services, and parties. Last fall, Town Center Elementary held their Annual Picnic on the plaza with a band in the amphitheater. There is currently discussion of a wedding rental and an end of school year night for the youth. The Parks and Recreation Department looks forward to serving the requests of the community to utilize the Plaza for events and activities. However, each inquiry for rental of the plaza requires significant Parks staff involvement in planning and use. Per the Council goal for programming of Town Center Plaza, we anticipate Council direction in planning the types and numbers of offerings and also additional funding to begin in 2009. Some ideas are presented here that are plausible regarding the staff time and energies divided among the existing city special events. The suggested event programming of the Town Center Plaza encompasses cultural arts venues, such as a Local Art Exhibit with Opening Night and a Music Series, and children/family entertainment, such as Movie Nights and a Kid’s Variety Show. There is also a possibility of an exercise related series through the Aquatics and Recreation Center. Attached is a chart of programming possibilities that itemizes estimated budget and proposed time-frame for each plaza event. The purpose of the Work Session discussion is to receive direction regarding 2009 programming activities for the Town Center Plaza, along with an idea of the willingness to provide additional funding for specific events. Town Center Plaza 2009 Programming Options Proposed Activity Expense (Unbudgeted)Month Notes Art exhibit $3,000.00 February opening night festivities, easels Movie $600.00 March movie license and rental Movie $600.00 May Kids' Night - Variety Show $6,000.00 August magician, puppet show, entertainers Music series $6,000.00 September - 4 evenings musical groups Movie $600.00 November Exercise series (yoga, etc) $0.00 summer a.m. on Saturdays (through Rec?) Supplies for Activities Sound $500.00 microphone / equipment set-up Refreshments $1,500.00 catering / vendors Stage props $5,000.00 Bill Reed Productions Staffing Overtime for Parks Staff $4,737.00 Total Expense $28,537.00 M E M O R A N D U M DATE: January 21, 2009 TO: Mayor and Council FROM: Clay Phillips, Deputy City Manager SUBJECT: Legislative Priorities 2009 As part of this agenda item, you will find a piece of backup entitled, “2009 Council Goals.” This document is similar to ones we have used in the past that incorporates not only the City Council’s goal setting direction from your annual retreats, but also the major projects and works in progress items that the City staff will be working on as part of their day-to-day activities. We have provided this in a spreadsheet format, and grouped the activities by Coppell 2030 Goal Statements. In other words, the Sustainable City Government, Special Place to Live, Sense of Community, Business Prosperity, and Community Wellness goals and associated work plan activities are indicated on this document. As you know, we are coming to this activity several months late due to the fact that the Coppell 2030 initiative was not finally adopted in its full form and content until your October retreat that was held for that specific purpose. It is important to note when viewing the list of activities to understand that we do not believe as a staff that it is possible to actually complete all of these items this current fiscal year, and we will be incorporating many of them on an ongoing basis when you meet following the election this year at your spring/summer retreat. At that time we should be able to have staff back on the schedule that we are all accustomed to regarding us presenting the work plan for the 2009/2010 year that will include not only the unfinished business of this document, but also the new work plan elements that you define for us at your next retreat. Please feel free to contact me with any questions regarding this document, and we will discuss it more fully during the work session. CP:kb 08-09 Council GoalsRevised 01/20/0912345678910111213141516171819202122AB C D E FGoal Priority Work Plan Element Responsibility Projected Date StatusSustainable City GovernmentMgmt - High Priority Infrastructure Condition Assessment & Cost Benefit Analysis Eng Mar 2009Policy - High Priority Conduct water use study and develop policy Eng May 2009WIP Alternative Fuel sources Eng Sep 2009WIP Continue city-wide & departmental satisfaction surveys All ON GOING EFFORTSWIP Continue organizational succession planning efforts CMO, HR ON GOING EFFORTSWIP Continue sales tax audit program Finance ON GOING EFFORTSWIP Evaluate various “green” & sustainability programs for implementation CMO ON GOING EFFORTSWIPContinue use of Program/Policy financial impact analysis for new programs and servicesFinance ON GOING EFFORTSWIP Succession Planning All ON GOING EFFORTSWIP Monitoring Legislative Process: Track State & Federal Legislation All ON GOING EFFORTSWIP Police Radio System Interoperability Police ON GOING EFFORTSWIP Solid Waste contract extension Parks Nov 2008 CompleteWIP Technology Plan: Review and Update IS May 2009WIP Implement "Green" product purchasing CMO Mar 2009WIP Salary/Benefits survey HR Jun 2009WIP Health Insurance/Wellness Program HR Jun 2009WIP H.R. Policies/Handbook: Review and Update HR Jun 2009WIP Development of Legislative Agenda CMO Jan 2009WIPContinue 5-Year Financial Planning effort presenting update to City Council.Finance Apr 2009WIP Conduct annual review of outstanding & proposed debt Finance Apr 2009Page 1 of 4 08-09 Council GoalsRevised 01/20/091AB C D E FGoal Priority Work Plan Element Responsibility Projected Date Status232425262728293031323334353637383940414243444546474849505152Special Place to LiveMajor Projects ROW and Design - Bethel Rd Phase B (Penfolds to Freeport) Eng Sep 2009Major Projects ROW acqusition - Sandy Lake (Denton Tap to N. Coppell Rd) Eng Sep 2009Major Projects Denton Tap sidewalk (SH 121 to Southwestern) Infill Eng Sep 2009Major ProjectsContinue to work out constraints for Freeport Pkwy (SH 121 to Ruby Rd.Eng Sep 2009Major Projects Complete the design for Deforest Road (MacArthur to East) Eng Sep 2009Major Projects Begin construction of South South Coppell (Bethel to Southwestern) Eng May 2009Major Projects Begin construction - Bethel Rd Phase A (Denton Tap to Penfolds) Eng Jul 2009Major Projects Wayfinding signs Eng Jan 2009 CompleteMajor Projects Town Ctr Plaza Trail (Connection to Library) Parks Jan 2009 CompleteMajor Projects Begin construction of Southwestern Blvd (Coppell Rd. to Belt Line) Eng Apr 2009Major Projects Finalize funding and begin design for Freeport extension Eng Sep 2009Major Projects Complete annual street, sidewalk, alley maintenance program Eng ON GOING EFFORTSMajor Projects Initiate debris removal program to lessen creek flood potential Eng ON GOING EFFORTSMajor ProjectsContinue communication efforts with HOA’s and other neighborhoods to ensure HOA common area responsibilities are maintained per zoning requirementsFire ON GOING EFFORTSMajor Projects Begin construction of South Coppell Road Eng Mar 2009Major Projects Secure ROW for remaining portions of Sandy Lake Road Eng Jul 2009Major Projects Secure ROW for remaining portions of Bethel Roads Eng Jul 2009Mgmt - Top Priority Code Enforcement - Evaluation/Improvements - Summit Fire Mar 2009Mgmt - Top PriorityNeighborhood Wellness Index: Best Practices, Models Development, Implementation Plan - SummitFire Mar 2009Mgmt - Top Priority Housing Inventory: Assessment, Stategy & Actions Planning Sep 2009Policy - High Priority Comprehensive Plan for I-635/SH121 Frontage Planning Sep 2009Policy - High Priority Alternative Housing Model - Definition & Attracting Developers Planning Apr 2009Policy - Top Priority Comprehensive Master Plan - seek direction & funding Planning Apr 2009WIP Video Wireless Traffic Network - Direction and Funding Eng Mar 2009WIP Traffic/signal analysis: Progression/Light Synchronization Study Eng Feb 2009WIPComplete a comprehensive review of neighborhood integrity programs assessing their effectiveness and provide recommendations for improvement to the City CouncilFire Jul 2009WIPExplore options available to conduct a fence condition inventory to assist the staff in neighborhood integrity code enforcement effortsFire Jul 2009WIPProvide City Council with information regarding residential redevelopment to assist in determining desirability of “McMansions” and/or “empty nester” housing alternativesCMO/Planning Sep 2009WIP Provide annual update to the Infrastructure Maintenance Plan. Eng Apr 2009Page 2 of 4 08-09 Council GoalsRevised 01/20/091AB C D E FGoal Priority Work Plan Element Responsibility Projected Date Status53545556575859606162636465666768697071727374757677Sense of CommunityMajor Projects Finalize cemetery operational plans and Phase I construction Parks May 2009Major Projects Complete rennovations to Kirkland House & Minyards Store CMO Jun 2009Major Projects Finalize construction on the Senior/Community Center Eng/Parks Jun 2009Mgmt - High Priority New Resident Welcome Program (Communication Plan) CMO, IS Sep 2009Mgmt - High Priority Leadership Coppell Program: Evaluation, Direction, Refinement CMO Feb 2009Mgmt - Top PriorityComprehensive Communication Plan for City - Evaluation of current methods and Plan DevelopmentCMO, IS Sep 2009Mgmt - Top Priority Demographics: Analysis and Impact on City Services Planning Mar 2009Policy - High Priority Town Center Plaza - Event program and funding Parks Jan 2009Policy - Top Priority Service Plan for Northlake Eng ON GOING EFFORTSWIPCity staff will continue Citizen Emergency Response Teams (CERT) and RACES by providing continuing education opportunities for existing membersFire ON GOING EFFORTSWIPCity staff will utilize HOA’s to educate the public and provide information regarding emergency incidents in the community and how neighborhoods can better prepare for emergenciesFire ON GOING EFFORTSWIPCity staff will maintain information for the City’s website designed to assist citizens in making preparations to deal with an emergency or disasterFire ON GOING EFFORTSWIPContinue, and expand where needed, public safety education classes offered through the Police and Fire Departments including Self-Defense for Women, CPR, First Aid, and othersFire, Police ON GOING EFFORTSWIPEnhance library E-branch to increase flexibility for library patrons and streamlined operations for staffLibrary ON GOING EFFORTSWIPContinue to develop and disseminate information to the community regarding the Code Red system. QuarterlyFire ON GOING EFFORTSWIPTraffic Report - Activities of the Traffic and Patrol Units regarding citations, warnings, DWI/DUI arrests and education programs regarding traffic safety. QuarterlyPolice ON GOING EFFORTSWIPCommunity Services Report - Activities of the Community Services Unit regarding educational programs, National Night Out, Women's Self Defense, Women's Self Defense for High School Seniors, Citizens Police Academy, Drug & Alcohol Education in CISD. QuarterlyPolice ON GOING EFFORTSWIPOrganized Crime Unit Report - Activities of the Organized Crime Unit (OCU) regarding narcotic and alcohol violations in the Metroplex. QuarterlyPolice ON GOING EFFORTSWIP Plan, coordinate and execute Oaktoberfest 2009 Parks Sep 2009WIP Complete the CARE diversity training for all staff HR Sep 2009WIP Monitor the progress of the Kolberg development CMO ON GOING EFFORTSWIP Continue assessment of Carter-Crowley development options CMO ON GOING EFFORTSWIPWork with Old Town interest groups to develop a clear understanding of City role and perspective on future of Old CoppellPlanning ON GOING EFFORTSWIPMaintain library programs including Volunteen, Summer Reading and Homework Center programsLibrary ON GOING EFFORTSPage 3 of 4 08-09 Council GoalsRevised 01/20/091AB C D E FGoal Priority Work Plan Element Responsibility Projected Date Status78798081828384858687888990919293949596979899100101102103104Sense of Community, cont.WIPDevelop methods to use various points of contact as a means to reach out to diverse populations, particularly the Library and the Aquatics & Recreation CenterParks/Library ON GOING EFFORTSWIPPlan, coordinate and execute the July 4th Community Parade and Fireworks.Parks Jul 2009WIP Determine use of existing Senior Center. CMO Jul 2009WIPImplement Coppell 2030 findings incorporating needed service delivery changes to meet changes in demand and expectationsCMO COPPELL 2030WIPEmploy Coppell 2030 recommendations regarding how to better communicate with an increasingly diverse populationCMO COPPELL 2030WIP Report to Council RE: Initiatives Involving Coppell Youth Parks Aug 2009Community WellnessMgmt - High Priority Community Health & Wellness: Assessment, Strategy, Funding Parks Sep 2009Mgmt - High PriorityRecreation Programs and Services: Evaluation, Direction, EnhancementsParks Sep 2009Mgmt - Top Priority Hike and Bike Trail Master Plan update Parks Sep 2009Policy - Top Priority Parks and Recreation Master Plan development Parks Sep 2009WIP Trail amenities/signage Parks Apr 2009WIP Expansion of Aquatic & Recreation Center Plan Parks Sep 2009WIP Expansion of Tennis Center Plan Parks Apr 2009Business ProsperityPolicy - High Priority Shopping Center/Business Vacancy - Eval, Policy, Incentives EDC, Council Sep 2009Policy - High Priority Abatements/Business retention - Policy direction & claw back EDC, Council Sep 2009Policy - Top Priority Business retention/attraction:Study, Clawback policy EDC, Council Sep 2009Policy - Top Priority Old Coppell Revitalization Plan - work session Planning Sep 2009Policy - Top Priority Comprehensive Master Plan - direction and funding Planning Apr 2009WIP Resolution of Carter Crowley property: Evaluation and Direction CMO, Council Apr 2009WIP Continue to facilitate the development of the Leslie tract CMO, Planning ON GOING EFFORTSWIPDevelop a bona-fide business retention plan with or without the assistance from outside agenciesCMO Jun 2009WIPInitiate the process to revise the Comprehensive Plan to incorporate Coppell 2030 directionCMO ON GOING EFFORTSPage 4 of 4 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 January 27, 2009 7 ✔ PROCEDURAL Presentation by Senior Adult Services. No action necessary. %sas 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 January 27, 2009 8 ✔ REPORT Report by the Coppell Economic Development Committee. The semi-annual report will be made by a member of the Coppell Economic Development Committee. No action necessary on this item. %boardreport AGENDA REQUEST FORM DATE: January 27, 2009 ITEM #: 9 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary January 27, 2009 10/A ✔ PROCEDURAL Consider approval of minutes: January 13, 2009 Minutes of the City Council meetings held on January 13, 2009. Staff recommends approval. %minutes Cm011309 Page 1 of 12 MINUTES OF JANUARY 13, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 13, 2009 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember Also present were City Manager Clay Phillips, 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 Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Presentation by Fred Hill regarding Legislative Service. B. Discussion regarding Legislative Agenda. REGULAR SESSION (Open to the Public) Mayor Stover recessed Work Session and convened into Executive Session. Cm011309 Page 2 of 12 EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale and acquisition of Real Property West of Denton Tap and South of Bethel Road. Mayor Stover convened into Executive Session at 6:25 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:59 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Monsignor Leon Duesman of St. Ann Catholic Church led those present in the Invocation. 6. Pledge of Allegiance. The Coppell Police Department Honor Guard presented and posted the flags and Mayor Stover led those present in the Pledge of Allegiance. Item 8 was considered at this time. See Item 8 for minutes. 7. Swearing in of Deputy City Manager. Mayor Stover swore in Mario Canizares as Deputy City Manager. Cm011309 Page 3 of 12 8. Consider approval of a proclamation naming the month of January School Board Appreciation Month, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to representatives from Coppell, Lewisville and Carrollton-Farmers Branch Independent School Districts. Action: Councilmember Peters moved to approve a proclamation naming the month of January School Board Appreciation Month, and authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 9. Presentation to the City Council of the "Target National Night Out 2008 Award" from the Coppell Police Department for being selected as the best program in Category #4 during National Night Out 2008. Presentation: Chief Roy Osborne and the Coppell Police Department Honor Guard presented the award to Mayor Stover. 10. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 11. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 9, 2008 December 16, 2008. Cm011309 Page 4 of 12 B. Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, Texas by amending Section 8-3-1 (A) of the Code of Ordinances; making it unlawful to park, stand or stop a vehicle at all times on Bethel Road from the south curb line at the southeast corner of Freeport Parkway east to a distance of 360 feet; and authorizing the Mayor to sign and execute any necessary documents. C. Consider approval of an Ordinance amending the Code of Ordinances Chapter 8, Article 1, Section 4 School Zone Speed to establish the maximum prima facie speed limit for a designated school zone on Parkway Boulevard from 438 feet west of the centerline of Cowboy Drive to 354 feet east of the centerline of Cowboy Drive; and authorizing the Mayor to sign and execute any necessary documents. D. Consider approval to purchase equipment from Evans Dispatch Product in the amount of $62,162.82 to upgrade consoles in the Coppell Communications Center, as approved in the FY 08/09 budget; and authorizing the City Manager to sign. E. Consider approval to purchase fifteen (15) CORE Control Law Enforcement integration systems, with accessories, for the 2009 Police Fleet from John Wright and Associates in the amount of $97,287.90 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. F. Consider approval to purchase removal and installation services for police equipment in the 2009 Police Patrol Fleet from Main Street Installers/John Wright Associates, Inc. in the amount of $76,220 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. Cm011309 Page 5 of 12 G. Consider approval to purchase Whelen emergency lighting equipment for the 2009 Police fleet from Fleet Safety Equipment, Inc. in the amount of $73,749.36 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. H. Consider approval to purchase twenty three (23) Stalker RADAR/LIDAR units for the Patrol and Traffic Divisions of the Police Department in the amount of $74,095; and authorizing the City Manager to sign. I. Consider approval to purchase fourteen (14) Panasonic Toughbooks to be utilized as vehicle Mobile Display Computers from Portable Computer Systems in the amount of $62,874 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. J. Consider approval to purchase twenty-two Flash Back II digital video recording units from L3 Communications Mobile Vision, Inc. in the amount of $177,602.45 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. K. Consider approval of a Professional Services Agreement with TBG Partners in the amount of $77,120.00 for planning services related to a complete Trail System Master Plan; and authorizing the CRDC President and City Manager to sign. L. Consider approval of a Professional Services Agreement with TBG Partners in the amount of $54,965.00 for design services related to two sections of trail (Bethel Rd. to Creekview section and Hunterwood Park section); and authorizing the CRDC President and City Manager to sign. M. Consider approval of an Interlocal Agreement with the Collin County Purchasing Forum to participate in their cooperative purchasing program and authorizing the Mayor to sign. Cm011309 Page 6 of 12 N. Consider approval to purchase vehicles through the BuyBoard Cooperative Purchasing contract 281-07 from Philpott Motors for Fleet, Parks, Streets and Utilities in the amount of $222,320.00 as budgeted. O. Consider approval of a six-month extension to the expiration date of January 7, 2009 for the Cici’s Addition No. 1, Lot 1R, Block 1, Replat, to revise the location of the fire lane to allow the expansion of the existing office/warehouse building on 5.14 acres of property located at 1080 W. Bethel Road. P. Consider approval of an Ordinance for Case No. S- 1249-C, Sprouts, a zoning change from C (Commercial) to S-1249-C (Special Use Permit-1249- Commercial), to allow a 28,887-square-foot grocery store to occupy a portion of an existing building, to modify the front elevations and add two trellis structures to the front of the building, located at 110 W. Sandy Lake Road, Suite 180, and authorizing the Mayor to sign. Action: Councilmember Faught moved to approve Consent Agenda Items A, B carrying Ordinance No. 2009-1216, C carrying Ordinance No. 2009-1217, D, E, F, G, H, I, J, K, L, M, N, O, and P carrying Ordinance No. 91500-A-514. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of an application by Chesapeake Energy to drill two gas wells on 3.1 acres of property west of Coppell Road, south of Canyon Drive, with Final Phase site plan (ultimate build-out) which indicates up to 9 additional wells on this pad site. Cm011309 Page 7 of 12 Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Rob Oujesky, representing the applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing, advised a postponement had been requested and asked for persons who wanted to speak tonight instead of waiting until the meeting on February 10. 1) Mark Lish, representing IDR Media (Verizon), spoke against the proposal. 2) Karen Farnum, 515 Westminster Way, spoke against the proposal. 3) John Pouwels, 524 Abbey Court, spoke against the proposal. 4) Roy Ross, 327 Gifford Drive, spoke against the proposal. 5) Jack Clark, 1718 Beal Lane, spoke against the proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:50 p.m. Mayor Stover adjourned the Executive Session at 7:55 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Tunnell moved to continue the Public Hearing to February 10, 2009 and include the sign up sheet from the January 13 meeting. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Cm011309 Page 8 of 12 Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 13. Consider approval of an Ordinance for Case No. ZC-623, East Bethel Road, a zoning change from R (Retail) to SF- 12 (Single Family-12) to allow the construction of a single-family home on 0.6278 acres of property located on the north side of Bethel Road, approximately 315 feet east of Denton Tap Road, and authorizing the Mayor to sign. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Councilmember Peters moved to approve Ordinance No. 91500-A-515 for Case No. ZC-623, East Bethel Road, a zoning change from R (Retail) to SF-12 (Single Family-12) to allow the construction of a single-family home on 0.6278 acres of property located on the north side of Bethel Road, approximately 315 feet east of Denton Tap Road, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 6-1 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion and Councilmember Tunnell voting against the motion. At this time, Mayor Stover exited the meeting and Pro Tem Franklin presided over the meeting. 14. Consider approval of a request to designate the bridge over Grapevine Creek on Southwestern Boulevard as "One Way Only" eastbound for a period of six months during the road reconstruction project, and authorizing a bonus to the contractor for early completion. Cm011309 Page 9 of 12 Presentation: Ken Griffin, Director of Engineering, made a presentation to the Council. Action: Councilmember Peters moved to approve a request to designate the bridge over Grapevine Creek on Southwestern Boulevard as "One Way Only" eastbound for a period of six months during the road reconstruction project, not to exceed 180 days from date of construction, and authorizing a bonus to the contractor for early completion. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. At this time, Mayor Stover returned to the meeting. 15. Consider approval of an Engineering Services contract amendment in the amount of $71,500 to a contract approved on January 22, 2008 with Halff Associates, Inc.; for additional services related to the Southwestern Boulevard Infrastructure Improvements (from South Coppell Road to east of Grapevine Creek), Project #ST 07- 01; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to the Council. Action: Councilmember Brancheau moved to approve an Engineering Services contract amendment in the amount of $71,500 to a contract approved on January 22, 2008 with Halff Associates, Inc.; for additional services related to the Southwestern Boulevard Infrastructure Improvements (from South Coppell Road to east of Grapevine Creek), Project #ST 07-01; and authorizing the City Manager to sign and execute any necessary documents. Cm011309 Page 10 of 12 Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 16. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors Meeting. B. Report by Mayor Stover regarding the loss of The Reverend Lou Brown. A. Mayor Stover, City Manager Clay Phillips and Deputy City Manager Mario Canizares attended the Metroplex Mayors’ Meeting. General Thurgood, Commanding General and CEO of AAFES, was the guest speaker. Gen. Thurgood spoke regarding his responsibilities of supply coordination and marketing for the Army and Air Force division. Mayor Stover also mentioned the DFW Best Practices Conference is scheduled for April 16-17. B. Mayor Stover reported on the passing of The Reverend Lou Brown, former pastor of First Baptist Church in Coppell. The Reverend Brown led his congregation for 23 years and published several books. Mayor Stover said his passing is a tremendous loss for the community. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale and acquisition of Real Property West of Denton Tap and South of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and South of Bethel Road and North of Sandy Lake and West of Denton Tap. Mayor Stover reconvened into Executive Session at 8:52 p.m. as allowed under the above-stated article. Mayor Stover adjourned Cm011309 Page 11 of 12 the Executive Session at 9:21 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) At this time, Council reconvened into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session C. Presentation by Ken Griffin regarding S.H. 121 Sound Walls. D. Discussion regarding Joint Meetings with Boards & Commissions. 17. Necessary action resulting from Work Session. Councilmember Peters moved to authorize the City Manager to enter into a biennium contract with Mr. Fred Hill to act as a legislative liaison and advocate on behalf of the City of Coppell. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 18. Necessary action resulting from Executive Session. Councilmember Peters moved to approve an extension of an Earnest Money Contract by and between the City of Coppell and Republic Property Co. until December 31, 2009 for the purchase of public roadway improvements out of an 82.775 acres site in the J.E. Holland Survey Abstract No. 614 and authorize the City Manager to sign after approval as to form by the City Attorney. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. Cm011309 Page 12 of 12 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office January 27, 2009 10/B ✔ RESOLUTION Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and American Homes Mortgage Servicing, Inc., and authorizing the Mayor to sign. American Home Mortgage Servicing, Inc. is occupying the entire 182,000 sq. ft. of Point West I. City Council held a Public Hearing regarding the designation of reinvestment zone number 57 for Point West I on December 11, 2007. The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement request on November 5, 2008. American Home Mortgage Servicing will be bringing 750 employees. Approve the Resolution approving a Tax Abatement Agreement between the City of Coppell and American Homes Mortgage Servicing, Inc., and authorize the Mayor to sign. !AHMS Abatement - 1 AR 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND AMERICAN HOME MORTGAGE SERVICING, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas and American Home Mortgage Servicing, Inc., a Texas Corporation, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the location of tangible personal property at the improvements as described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The location of tangible personal property at the improvements as described in the Agreement will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2009. CITY OF COPPELL, TEXAS ___________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (PGS/cgo 01-13-09 34086) Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 1 34085 STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and American Home Mortgage Servicing, Inc., a Texas Corporation (the “Lessee”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 57 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Duke Realty Limited Partnership, an Indiana limited partnership, (the “Owner”) is the owner of the land described in Exhibit “A” (the “Land”) and the existing improvements thereon known as Point West 1 located at 1525 Beltline Road, Coppell, Texas (the “Improvements”) and intends to lease the same to Lessee; and WHEREAS, Lessee intends to lease the Improvements for a period of at least seven (7) years (hereinafter defined as the “Lease”), and locate and maintain Tangible Personal Property (hereinafter defined) at the Improvements; and WHEREAS, the development efforts of the Lessee described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises and the contemplated Improvements, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 2 34085 the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Land to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Property is located; and WHEREAS, the City desires to enter into an agreement with the Lessee for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Effective Date” shall mean the last date of execution of this Agreement. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of the final certificate of occupancy for the Improvements. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 3 34085 “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Improvements” shall collectively mean the Point West 1 office building located at 1525 Beltline Road, Coppell, Texas, and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s). “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Improvements by and between the Owner and Lessee for a period of not less than seven (7) years commencing on the Lease Inception Date. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than the date the first final certificate of occupancy is issued for the occupancy of the Improvements by the Lessee. “Lessee” shall mean American Home Mortgage Servicing, Inc., a Texas corporation. “Owner” shall mean Duke Realty Limited Partnership, an Indiana limited partnership. “Premises” shall mean collectively, the Land and Improvements, but excluding the Tangible Personal Property. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or leased by Lessee that is added to the Improvements subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Owner is the owner of, the Land, which Land is located within the city limits of the City and within the Zone. The Owner intends to lease the Improvements to Lessee. The Lessee has or intends to enter into the Lease. The Lessee intends to locate and maintain Tangible Personal Property at the Improvements. 2.2 The Premises are not in an improvement project financed by tax increment bonds. Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 4 34085 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 Lessee shall before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.7 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Tangible Personal Property, is at least $5.5 Million Dollars as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Lessee an abatement of eighty-five percent (85%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property that is added to the Improvements subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. Article IV Improvements 4.1 Nothing in this Agreement shall obligate Owner to construct the Improvements. The Lessee intends to enter into the Lease. Nothing in this Agreement obligates the Lessee to enter into the Lease, but said action is a condition precedent to tax abatement pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees, to enter into the Lease on or before ___________. Lessee agrees and Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 5 34085 covenants to continuously lease (or own) and occupy the Improvements for a period of at least seven (7) years commencing on the Lease Inception Date. 4.3 Lessee agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Lessee, and in accordance with Owner’s and Lessee’s visitor access and security policies, in order to insure that the construction and use of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event Lessee: (i) fails to occupy the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) has an “Event of Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement, then Lessee after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement for the Tangible Personal Property, with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible Personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 5.2 Upon breach by Lessee of any obligations under this Agreement, the City shall notify the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement, by written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is made. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 6 34085 schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property, without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District and provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for Lessee, to: Attn: Norton Wells American Home Mortgage Servicing, Inc. P. O. Box 631730 Irving, Texas 75063-1730 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 7 34085 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. 8.7 Recordation. A certified copy of this Agreement shall be recorded by the City, at no cost to Lessee, in the Real Property Records of Dallas County, Texas. 8.8 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.10 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned without the prior written consent of the City Manager. Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 8 34085 8.11 Conditions Precedent. This Agreement is condition on and subject to the following: (i) the Lessee providing a fully executed copy of the Lease to the City; and (ii) the Lessee entering the Lease on or before ____________ 2009. 8.12 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein and any other funds received by the Lessee from the City as of the date of such violation within 120 business days after the date the Lessee is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. (Signature page to Follow) Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 9 34085 EXECUTED in duplicate originals the ____ day of _______________, 2009. City of Coppell, Texas By: ______________________________________ Douglas N. Stover, Mayor Attest: By: _______________________________________ Libby Ball, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2009. American Home Mortgage Servicing, Inc. By:_______________________________________ Name: ____________________________________ Title: ____________________________________ Draft 01-14-09 Coppell/American Home Mortgage Servicing, Inc. Tax Abatement Agreement –Page 10 34085 City’s Acknowledgment Exhibit “A” Legal Description of Land To Be Attached WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office January 27, 2009 10/C ✔ RESOLUTION Consider approval of a Resolution approving an Amended and Restated Tax Abatement Agreement between the City of Coppell and Duke Realty Limited Partnership, and authorizing the Mayor to sign. City Council held a Public Hearing regarding the designation of reinvestment zone number 57 for Point West I on December 11, 2007. A 75% real property tax abatement was also approved on that same date. The Coppell Economic Development Committee unanimously recommended approval of amending the existing real property abatement agreement to increase the percentage to 85% for the remainder of the abatement at their meeting on on November 5, 2008. Approve the Resolution approving an Amended and Restated Tax Abatement Agreement between the City of Coppell and Duke Realty Limited Partnership, and authorize the Mayor to sign. !Point West I Amended Abatement - 1 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND AMERICAN HOME MORTGAGE SERVICING, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas and American Home Mortgage Servicing, Inc., a Texas Corporation, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the location of tangible personal property at the improvements as described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The location of tangible personal property at the improvements as described in the Agreement will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2009. CITY OF COPPELL, TEXAS ___________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (PGS/cgo 01-13-09 34086) Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 1 34075 STATE OF TEXAS § § Amended and Restated Tax § Abatement Agreement COUNTY OF DALLAS § This Amended and Restated Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Duke Realty Limited Partnership, an Indiana limited partnership (“Owner”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 57 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns approximately 11.855 acres of land and being further described in Exhibit “A” (“Land”) and intends to construct an office building containing a minimum of 170,000 square feet of space, known as Point West 1 (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, Owner’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated Improvements thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 2 34075 WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, the parties previously entered into a tax abatement agreement for the abatement of real property taxes for the Point West I Office Building, dated December 9, 2007 (the “Original Agreement”); and WHEREAS, the parties desire to amend and restate the Original Agreement to increase the percentage of abatement from seventy-five percent (75%) to eight-five percent (85%) as set forth herein; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed (2007). “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements, on the Land pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Completion of Construction” shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for the Building. “Effective Date” shall mean the last date of execution of this Agreement, unless the context indicates otherwise. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 3 34075 party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of Completion of Construction. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Improvements” shall mean the office building referred to as “Office I” containing a minimum of 170,000 square feet of space to be constructed on the Land and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s). “Land” means the real property described in Exhibit “A”. “Premises” shall collectively mean the Land and the Improvements following construction thereof. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Owner is the owner of, the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct the Improvements on the Land. 2.2 The Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 The Owner agrees to provide to the tenants of the Premises, the benefit of the tax abatement of the Improvements granted herein. Owner shall, upon written request, provide the City, with satisfactory evidence that the benefits of this Tax Abatement Agreement have been provided to any such tenants. Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 4 34075 2.6 Owner shall before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.7 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements, excluding the Land, is at least $5.5 Million Dollars ($5,500,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Owner an abatement of eighty-five percent (85%) of the Taxable Value of the Improvements for a period of five (5) consecutive years beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years. 3.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. Article IV Improvements 4.1 Owner owns, the Land and intends to construct or caused to be constructed thereon the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land but said action is a condition precedent to tax abatement pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Completion of Construction of the Improvements to occur within ten (10) calendar years after the Effective Date of the Original Agreement, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof). Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 5 34075 4.3 Construction plans for the Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as an office building (with ancillary office uses) for a period of five (5) years commencing on the date the final certificate of occupancy is issued for the Building. The City acknowledges that Owner intends to lease the Improvements and such tenants shall use the Improvements for office uses. 4.5 The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner’s visitor access and security policies, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event Owner: (i) fails to cause Completion of Construction of the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has an “Event of Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement, then Owner after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement for the Improvements, with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 5.2 Upon breach by Owner of any obligations under this Agreement, the City shall notify the Owner in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement, by written notice to the Owner. Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 6 34075 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is made. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements, without tax abatement for the years in which tax abatement hereunder was received by the Owner, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. The City’s sole remedy against the Owner shall be the recovery of the liquidated damages and the enforcement of the tax lien against the Land and Improvements. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Owner pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Owner shall annually render the value of the Improvements to the Appraisal District and provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 7 34075 If intended for Owner, to: Attn: Jeff D. Thornton Duke Realty Limited Partnership c/o Duke Realty Corporation 14241 Dallas Parkway, Suite 1000 Dallas, Texas 75254 Telephone: 972 361-6704 Telecopy: 972 361-6802 With a copy to: Attn: Ann Dee, Market Attorney Duke Realty Corporation 6133 North River Road, Suite 200 Rosemont, IL 60018 Telephone: 874-232-5408 Telecopy: 847 232-5694 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 8 34075 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned without the prior written consent of the City Manager which consent shall not be unreasonably withheld, conditioned or delayed. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Owner shall repay the taxes abated herein and any other funds received by the Owner from the City as of the date of such violation within 120 business days after the date the Owner is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. [Signature page to follow] Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 9 34075 EXECUTED in duplicate originals the ____ day of _______________, 2009. City of Coppell, Texas By: ______________________________________ Douglas N. Stover, Mayor Attest: By: _______________________________________ Libby Ball, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2009. Duke Realty Limited Partnership By: Duke Realty Corporation, its general partner By:_______________________________________ Name: Jeff D. Thornton Title: ____________________________________ Duke Realty Ltd-Office I/Amended and Restated Tax Abatement Agreement –Page 10 34075 Exhibit “A” Legal Description of Land To Be Attached 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: Engineering January 27, 2009 10/D ✔ ORDINANCE Consider approval of an ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 1 (A) of the Code of Ordinances; making it unlawful to park, stand, or stop a vehicle at all times on the east side of Chateaus Drive adjacent to Lots 42, 43, 50, and 51, and prohibiting on-street parking adjacent to Lots 1X and 4X, as denoted on the official plat for the Chateaus of Coppell subdivision; and authorizing the Mayor to sign and execute any necessary documents. The ordinance will allow enforcement of the No Parking areas adjacent to specified lots on the plat. #Chateaus No Parking MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: DiWanna Baskins, Graduate Engineer DATE: January 27, 2009 RE: Consider approval of an ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 1 (A) of the Code of Ordinances; making it unlawful to park, stand, or stop a vehicle at all times on the east side of Chateaus Drive adjacent to Lots 42, 43, 50, and 51, and prohibiting on-street parking adjacent to Lots 1X and 4X, as denoted on the official plat for the Chateaus of Coppell subdivision; and authorizing the Mayor to sign and execute any necessary documents. During the Development Review Committee’s review of the proposed project, recommendation was made to disallow parking in certain areas due to the design and layout of the streets and for the consideration of emergency response vehicles. The final plat was approved with stipulations that on-street parking be prohibited adjacent to Lots 42, 43, 50, 51, 1X, and 4X. Approval of this ordinance allows for enforcement of the “no parking” restrictions, as noted on the final plat, and for the appropriate signage to be erected. Staff will be available to answer questions at the Council meeting. I 1jjE I H 2n e I n 88 inididlg n h inIg p oJ iF i g gi n I I I I I n Ui g i 8 i a a iIdlifhJ ZiseGi1jliiIiIiMMitt i aeiIiai E i8d1oJlJzGEzl iniiiEiiIIighlIhiil Ii pemo I Eii tl 68 go 802 I 21oQJiijtzflInilicrl QIIlItJhlof r F l g elIogQ8 ill F III 1 if e g ztrJMj1 IV THE QV TfAUS Of COPPELl OCMOEYANDERSON ASSOClATfSINC Proposed No Parking Zones at the Chateaus of Coppell Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CHATEAUS-NO PARKING Created on: 13 January 2009 by Scott Latta 1 INCH = 1 MILE 0 11/2 Created in ArcGISCreated: January 2009by Kevin RubalcabaW:\GIS\Projects\Transportation\Streets\Workspaces\Chateaus - No Parking £No Par king Affected Parcel Proposed No Parking Zonesat The Chateaus of Coppell AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF COPPELL CHAPTER 8, ARTICLE 1, SECTION 1 (A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO PARK, STAND, OR STOP A VEHICLE AT ALL TIMES ON THE EAST SIDE OF CHATEAUS DRIVE ADJACENT TO LOTS 42, 43, 50, AND 51, AND PROHIBITING ON- STREET PARKING ADJACENT TO LOTS 1X AND 4X, AS DENOTED ON THE OFFICIAL PLAT FOR THE CHATEAUS OF COPPELL SUBDIVISION; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zones at all times on Coppell Road, to read as follows: “Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A. NO PARKING ON SPECIFIC STREETS It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following streets: . . . . CHATEAUS DRIVE, on the east side at all times adjacent to Lots 42, 43, 50, and 51, and on-street parking at all times adjacent to Lots 1X and 4X. . . . .” 2 SECTION 2. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, 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: Engineering January 27, 2009 10/E ✔ ORDINANCE Consider approval of an ordinance amending the Code of Ordinances, Chapter 1, Article 1.4, Section 1-4-2 entitled "Street Name Changes" by adding paragraph 'S' to rename Village Drive, between MacArthur Boulevard and Raintree Circle in the Raintree Village subdivision, to Samuel Boulevard; and authorizing the Mayor to sign and execute any necessary documents. Approval of the ordinance will make Samuel Boulevard a continuous street name from Sandy Lake Road to Raintree Circle. Staff recommends approval of the ordinance. #Street Name Change MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: January 27, 2009 RE: Consider approval of an ordinance amending the Code of Ordinances, Chapter 1, Article 1.4, Section 1-4-2 entitled "Street Name Changes" by adding paragraph 'S' to rename Village Drive, between MacArthur Boulevard and Raintree Circle in the Raintree Village subdivision, to Samuel Boulevard; and authorizing the Mayor to sign and execute any necessary documents. The City of Coppell has received several requests to change the name of Village Drive. The stretch of MacArthur Boulevard from Sandy Lake to SH 121 has three intersections where the cross street is named Village. Two of them are Village Parkway, which is a loop, and the third is Village Drive. This has caused confusion for residents and emergency responders over the years. Village Drive is located directly across Macarthur Blvd. from Samuel Blvd. This street is approximately 130 feet long, and has no homes or businesses addressed along it. See the attached exhibit for the exact location. This ordinance would change the name of Village Drive to Samuel Blvd. thereby creating a continuous street name from Sandy Lake Road to Raintree Circle. We mailed letters to all the residents of the Raintree Village subdivision to notify them of this change. They were invited to provide feedback, or to attend this meeting. I have attached an email in support of this change from the Coppell Fire Department. It is also our intention to notify the various mapping companies such as Mapsco©, MapQuest.com, Rand McNally Atlas© and Google Maps to request an update to their products as soon as the name change has been formally adopted. Staff will be available to answer any questions at the Council meeting. Proposed Street Name Change, "Village Drive" to "Samuel Boulevard" Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\VILLAGE NAME LOCATION Created on: 13 January 2009 by Scott Latta 1 INCH = 1 MILE 0 11/2 1 INCH = FT. 0 60 30 30 Proposed Street Name Change, "Village Drive" to "Samuel Boulevard" Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\VILLAGE DR NAME Created on: 23 December 2008 by Scott Latta AREA OF PROPOSED STREET NAME CHANGE AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 1, ARTICLE 1-4, SECTION 1-4-2 BY ADDING PARAGRAPH 'S' TO RENAME VILLAGE DRIVE, BETWEEN MACARTHUR BOULEVARD AND RAINTREE CIRCLE IN THE RAINTREE VILLAGE SUBDIVISION, TO SAMUEL BOULEVARD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 1, Article 1-4, Section 1-4-2, in part, by adding Paragraph “S” to change the name of an existing portion of roadway, to read as follows: “Sec. 1-4-2. Street name changes. . . . . S. Village Drive, between MacArthur Boulevard and Raintree Circle in the Raintree Village subdivision, shall henceforth be named Samuel Boulevard. SECTION 2. That the Director of Traffic Control shall cause to be erected appropriate signage with the appropriate street name established herein. SECTION 3. That all provisions of the ordinances and resolutions of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 1 SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole. SECTION 5. That this Ordinance shall take effect immediately from and after its passage and publication, as the law and charter is such cases provide. DULY PASSED by the City Council of Coppell, Texas, this ______day of ________________, 2009. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire January 14, 2008 10/F ✔ RESOLUTION Consider approval of a resolution of the City Council of the City of Coppell, Texas adopting the Dallas County Local Mitigation Strategy for the purpose of meeting compliance goals of the Federal Emergency Management Administration (FEMA) Hazard Mitigation Action Plan (HAZMAP) requirements and authorizing the mayor to sign. The City of Coppell has participated in the development of the Dallas County Local Mitigation Strategy (DaLMS) in an effort to satisfy legislatively mandated FEMA requirements. The Dallas County Local Mitigation Strategy details potential hazards that have historically impacted the area and have a potential to impact the area in the future. The document also details past, current, and future projects that have or could be implemented by the City of Coppell and other jurisdictions to mitigate the effects of disasters on the community and its citizens. To meet FEMA requirements for approval of the Dallas County Local Mitigation Strategy participating jurisdictions, including the City of Coppell must formally adopt the DaLMS by resolution prior to January 28, 2009. Staff recommends adoption of the Dallas Area Local Mitigation Strategy by resolution. (DaLMS - 1 AR Page 1 of 2 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS ADOPTING THE DALLAS COUNTY LOCAL MITIGATION STRATEGY FOR THE PURPOSE OF MEETING COMPLIANCE GOALS OF THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION (FEMA) HAZARD MITIGATION ACTION PLAN (HAZMAP) REQUIREMENTS AND AUTHORIZING THE MAYOR TO SIGN. WHEREAS, the City of Coppell, with the assistance from the North Central Texas Council of Governments has gathered information and prepared the Dallas County Local Mitigation Strategy; and, WHEREAS, the Dallas County Local Mitigation Strategy has been prepared in accordance with FEMA requirements at 44 C.F.R. 201.6; and, WHEREAS, the City of Coppell is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the City Council of the City of Coppell has reviewed the Plan and affirms that the Plan will be updated in accordance to the plan maintenance process described; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell hereby adopts the Dallas County Local Mitigation Strategy containing the necessary components to comply with the FEMA HAZMAP requirements, and resolves to execute the actions in the Plan subject to available funding. SECTION 2. That the Mayor is also hereby authorized to sign the resolution that will be presented to FEMA. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the 27th day of January, 2009. Page 2 of 2 APPROVED: __________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________ APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY __________________________________ ROBERT E. HAGER, 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: Finance January 27, 2009 11 ✔ PROCEDURAL Consider approval of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2008. The audit firm of Grant Thornton will present the results of the financial audit. Staff recommends acceptance. $CAFR-1AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager January 27, 2009 12 ✔ RESOLUTION Consider approval of a resolution of the City Council of the City of Coppell, Texas, Supporting the Regional Transportation Council's Legislative program for the 81st Texas Legislature; and authorizing the Mayor to sign. Staff recommends approval. !RTC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS SUPPORTING THE REGIONAL TRANSPORTATION COUNCIL’S LEGISLATIVE PROGRAM FOR THE 81ST TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regional forum for cooperative decisions; and WHEREAS, federal law, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users assigns the Metropolitan Planning Organization the responsibility for carrying out the metropolitan transportation planning process, in cooperation with the State and operators of publicly-owned transit services; and WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over ten years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past five years; and WHEREAS, an integrated system of highways, toll roads, local streets, passenger rail, freight rail, and aviation facilities is essential to the movement of people and goods within and through our region in order to continue to have economic success; and WHEREAS, local governments are funding a larger share of transportation improvements through local sales taxes, property taxes, toll roads, and allocations from general funds due to decreasing federal and State revenues; and WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over ten years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past five years; and WHEREAS, the Rail North Texas effort has been a bottom-up process to include local elected officials, business leaders, the public, and State legislators and has resulted in a specific legislative proposal; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT Section 1. The city of Coppell supports Regional Transportation Council actively pursuing a three point legislative position during the 81st Texas Legislature, as detailed in Attachment 1. Section 2. The city of Coppell supports the Regional Transportation Council in working with the North Texas Tollway Authority and regional partners to develop a common position on delivering toll roads. Section 3. The city of Coppell supports the transmittal of this resolution to the North Texas legislative delegation. Section 4. The city of Coppell supports this resolution being transmitted to local governments, partner organizations, and other interested parties with a request to support transportation as the region’s highest legislative priority for the 81st Texas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmit its position of support on these primary legislative proposals to the legislative delegation and NCTCOG. Section 5. The city of Coppell authorizes the NCTCOG Transportation Director to communicate these positions on behalf of the Regional Transportation Council. Section 6. The city of Coppell supports the Regional Transportation Council’s initiative in seeking legislative authority to create a Funding area transportation funding area for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. Section 7. The city of Coppell supports the principles contained in the three transportation authorities’ “Joint Recommendation for Regional Rail in North Central Texas.” This rail initiative will be constructed by existing transportation providers. Section 8. The city of Coppell does not support the creation of any new transportation authorities or transportation providers within the Dallas- Fort Worth region. Section 9. The city of Coppell supports the elements of the draft proposal outlined in Attachment 1. Section 10. The city of Coppell supports the efforts of the Regional Transportation Council to implement a “transportation funding area funding area” for the sole purpose of implementing rail and supplemental roadway improvements. Section 11. The NCTCOG Transportation Director is authorized to communicate these positions on behalf of the Regional Transportation Council. Section 12. This resolution shall become effective immediately upon its adoption. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of _______________, 2009. Douglas N. Stover, Mayor ATTEST: Libby Ball, City Secretary APPROVED AS TO FORM: __________________________________ Robert E. Hager, City Attorney AGENDA REQUEST FORM DATE: January 27, 2009 ITEM #: 13 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding May 9th Election. B. Report by Mayor Stover regarding the Chamber Luncheon C. Report by Mayor Stover regarding the Market Street Grand Opening. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: January 27, 2009 ITEM #: 14 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 – Councilmember 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. L. NTCOG/Regional Emergency Management – Franklin. M. North Texas Commission – Franklin. N. Senior Adult Services – Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport AGENDA REQUEST FORM DATE: January 27, 2009 ITEM #: 15 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: January 27, 2009 ITEM #: 16 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 27, 2009 Department Submissions: Item No. 10/F was placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Fire Department Item Nos. 10/D and 10/E were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department 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)