CP 2009-12-08
NOTICE OF CITY COUNCIL MEETING AND AGENDA
DECEMBER 8, 2009
JAYNE PETERS, KAREN HUNT, Place 7
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
BOB MAHALIK, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6
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 7:30 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, December 8, 2009, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:30 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.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. North of Bethel and West of Freeport Parkway.
2. North of IH635 and West of Beltline Road.
3. South of Bethel and West of S. Coppell Road.
4. North of IH635E and West of Freeport Parkway.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Review of Holiday Parade & Tree Lighting.
B. Discussion regarding the Sign Resolution.
C. Discussion regarding Outdoor Storage.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 10, 2009.
B. Consider approval of a Resolution authorizing the Mayor of the City
of Coppell, Texas to execute an Interlocal Agreement with Dallas
County for maintenance and improvements to city streets; and
authorizing the Mayor to sign.
C. Consider approval of a Resolution of the City Council of the City of
Coppell, Texas, establishing a policy for governmental signage for
community recognition; and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
D. Consider approval of an Ordinance for Case No. PD-222R3-LI, Duke
Lesley Addition (Point West VII), Lot 2, Block A, a zoning change
from PD-222R2-LI (Planned Development-222 Revision 2-Light
Industrial) to PD-222R3-LI (Planned Development-222 Revision 3-Light
Industrial), to revise the Detail Site Plan to allow the striping of 91
additional parking spaces within the existing truck court area and
construction of 13 new parking spaces in the front yard on
approximately 36.17 acres of property located on the north side of
Dividend Drive, approximately 1,200 feet west of South Belt Line
Road (240 Dividend Drive) and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-222R4-LI, Duke
Lesley Addition (Point West VII), Lot 3, Block A, a zoning change
from PD-222-LI (Planned Development-222 - Light Industrial) to PD-
222R4-LI (Planned Development-222 Revision 4-Light Industrial), to
establish a Detail Site Plan to allow the development of a shared
parking area (253 parking spaces) on 2.9 acres of property located
on the north side of Dividend Drive, approximately 1,000 feet west
of South Belt Line Road and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1108R4-SF-9,
Verizon, a zoning change from S-1108R-SF-9 (Special Use Permit-
1108 Revised - Single Family-9) to S-1108R4-SF-9 (Special Use Permit-
1108 Revision 4 - Single Family-9), to allow the replacement of an
existing 80-square-foot accessory cabinet with a 190-square-foot
cabinet at the base of the tower on approximately 750 square feet
of lease area located approximately 1,100 feet north of East Belt
Line Road within the electric transmission line easement and
authorizing the Mayor to sign.
END OF CONSENT
9. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is the
property owned by Texas Dugan Limited Partnership, described as Block
A, Lot 4 of the Duke Freeport Addition (26.659 acres) and located on the
north side of Bethel Road, east of Freeport Parkway.
10. Consider approval of an Ordinance designating Concote Corporation,
Reinvestment Zone No. 61, and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
11. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Concote Corporation, and
authorizing the Mayor to sign.
12. PUBLIC HEARING:
Consider approval of Case No. PD-244-TH-2, Willow Park, a zoning change
request from C (Commercial) to PD-244-TH-2 (Planned Development-244-
Townhouse-2) to allow 24 detached townhouse units and to amend the
Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial
and Light Industrial/Showroom to Residential – Medium Density on 3.81
acres of property located approximately 337 feet east of S.H. 121 along
the north side of Coppell Road.
13. Consider approval of the Willow Park, Preliminary Plat, to establish the
street and lot layout for 24 townhouse lots on 3.81 acres of property
located approximately 337 feet east of S.H. 121 along the north side of
Coppell Road.
14. PUBLIC HEARING:
Consider approval of Case No. PD-236R-SF-12, Bethel Road Manor, a
zoning change request from PD-236-SF-12 (Planned Development-236-
Single Family-12) to PD-236R-SF-12 (Planned Development-236 Revised-
Single Family-12) amending the Detail Site Plan to allow the construction
of a 735-square-foot cabana (containing a 90-square-foot air conditioned
bathroom and outdoor living and kitchen areas), an arbor structure, an in-
ground pool in the rear yard of the property; relocating a decorative
screening wall with gates along the front property line, adding a guard rail
to the culvert and construction of stone veneer facing to the existing
headwall and culverts on 2.78 acres of property located on the north side
of Bethel Road, known as 234 W. Bethel Road.
15. PUBLIC HEARING:
Consider approval of the St. Andrews Estates, Lot 19R, Block 1, Replat,
being a replat of Lots 19 and 20 of St. Andrews Estates, into one lot to
allow the construction of one single-family home on 26,235 square feet of
land located at the southwest corner of Inglenook Court and Stonewick
Lane.
16. PUBLIC HEARING:
Consider approval of the Bethel Road Estates, Lot 2R, Block 1, Replat,
being a replat of Lot 2, Block 1, of Bethel Road Estates to relocate the
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ITEM # ITEM DESCRIPTION
platted 100-year flood plain line on 2.348 acres of property located at 256
West Bethel Road.
17. City Manager's Report.
A. Project Update and Future Agendas.
18. Mayor and Council Reports.
A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Peters regarding Make a Child Smile.
C. Report by Councilmember Franklin regarding National League of
Cities and Future Retail Opportunities.
19. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
20. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters and Hunt.
E. International Council for Local Environmental Initiatives (ICLEI) –
Brancheau.
F. Metrocrest Hospital Authority – Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
J. North Texas Council of Governments – Tunnell.
K. NTCOG/Regional Emergency Management – Faught.
L. North Texas Commission – Hunt.
M. Senior Adult Services – Franklin.
21. Necessary action resulting from Work Session.
22. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Jayne Peters, Mayor
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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 4th day of December, 2009, 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).
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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: December 8, 2009
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. North of Bethel and West of Freeport Parkway.
2. North of IH635 and West of Beltline Road.
3. South of Bethel and West of S. Coppell Road.
4. North of IH635E and West of Freeport Parkway.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: December 8, 2009
ITEM #: WS-3
WORK SESSION
A. Review of Holiday Parade & Tree Lighting.
B. Discussion regarding the Sign Resolution.
C. Discussion regarding Outdoor Storage.
D. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
AGENDA REQUEST FORM
DATE: December 8, 2009
ITEM #: 7
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting
City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must
sign a register and list their residence address, provided by the City Secretary on a table outside the Council
Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or
special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals
during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be
extended for an additional two (2) minutes with the approval of a majority of the Council members present.
There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting.
Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they
have signed the provided register. No personal attacks by any speaker shall be made against any member of the
Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
December 8, 2009
8/A
✔
PROCEDURAL
Consider approval of minutes: November 10, 2009.
Minutes of the City Council meetings held on November 10, 2009.
Staff recommends approval.
%minutes
MINUTES OF NOVEMBER 10, 2009
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
November 10, 2009, at 5:30 p.m. in the City Council Chambers of Town Center,
255 Parkway Boulevard, Coppell, Texas. The following members were present:
Jayne Peters, Mayor
Karen Hunt, Mayor Pro Tem (late arrival)
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Also present were City Manager Clay Phillips, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Peters called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code – Consultation
with City Attorney.
1. Discussion regarding the Open Meetings Act.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects north of Canyon and west of Coppell
Road.
2. ED Prospects south of Bethel Road and west of S.
Coppell Road.
Mayor Peters convened into Executive Session at 5:43 p.m. Mayor Peters
adjourned the Executive Session at 6:49 p.m. and opened Work Session.
Mayor Pro Tem Hunt arrived during Executive Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Appraisal District Nominees.
B. Discussion regarding City Limit Entrance Signs.
C. Discussion regarding Legislative Services.
D. Discussion regarding Transportation Consulting Services.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Wayne McDonald of Metrocrest Community Church led those present in the
Invocation.
6. Pledge of Allegiance.
Troop 8888 led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation naming November 15, 2009
as Engineering and Technology Awareness Day, and authorizing
the Mayor to sign.
Presentation:
Mayor Peters read the Proclamation for the record and presented the same
to Bill Hayes, President of the Engineering Booster Club.
Action:
Councilmember Hinojosa-Flores moved to approve a proclamation naming
November 15, 2009 as Engineering and Technology Awareness Day, and
authorizing the Mayor to sign. Councilmember Faught seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught
and Franklin voting in favor of the motion.
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8. Citizens' Appearances.
Mayor Peters advised no one signed up to speak.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 27, 2009.
B. Consider approval of awarding Bid No. 0909-03 for electrical
services in two parts: part one to Pat Dillahey Electric for
general electrical services; and part two to Groves Electrical
Services, Inc. for ballfield lighting services for a twelve
month period beginning December 1, 2009, with options to
renew an additional four years as budgeted; and authorizing
the City Manager to sign.
C. Consider approval of an agreement with Oncor Electric
Delivery to provide street lighting along both sides of South
Coppell Road between Bethel Road and Burns Street in the
amount of $82,092.45, as provided for in CIP funds; and
authorizing the City Manager to sign.
D. Consider approval to purchase from Philpott Motors, Inc.
one (1) 2010 Ford F250 Pick-up Truck in the amount of
$31,508.33 for the Parks Department, two (2) 2010 Ford
Escape Hybrid's in the amount of $28,973.39 each for the
Police Department, and one (1) Ford F350 Cab/Chassis SRW
in the amount of $38,228.33 for the Utilities Department
through an Inter-local Agreement with Buyboard as
budgeted, and authorizing the City Manager to sign all
related documentation.
E. Consider approval of awarding a bid to Professional Turf
Products in the amount of $100,544.66, for the purchase of
Grounds Maintenance Equipment as budgeted; and
authorizing the City Manager to sign.
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F. Consider approval of a resolution authorizing execution of
Agreements with the Texas Department of Transportation
allowing maintenance of landscaped areas within the rights-
of way of Interstate Highway 635 and Freeport Parkway,
and authorizing the Mayor to sign the necessary
documentation.
G. Consider approval of an Ordinance for Case No. PD-199R5-
HC-S-1211R2, Service Star, a zoning change from PD-
199R4-HC-S-1211R2 (Planned Development-199-Highway
Commercial Revision 4-Special Use Permit-1211 Revision 2)
to PD-199R5-HC-S-1211R2 (Planned Development-199-
Highway Commercial Revision 5-Special Use Permit-1211
Revision 2), to revise the detail site plan to allow the
subdivision of Lot 4 into two lots, recognizing the existing
developments and adding PD conditions, on 2.2 acres of
property located at the southwest corner of S.H. 121 and
MacArthur Blvd and authorizing the Mayor to sign.
H. Consider approval of an Ordinance for Case No. PD-242-HC,
Holiday Inn Hotel & Suites, a zoning change from LI (Light
Industrial) to PD-242-HC (Planned Development District-
242-Highway Commercial) for a Concept Plan on 9.078
acres for retail/office/hotel and restaurant uses within the
City of Coppell (this does not include the 7.043 acres in the
City of Grapevine) and to attach a Detail Plan on 3.03 acres
of property to allow a six-story, 128-room, Holiday Inn
Hotel & Suites to be located on the south side of Northpoint
Drive, east of S.H. 121 and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B, C,
D, E, F carrying Resolution No. 2009-1110.1, G carrying Ordinance No.
91500-A-534 and H carrying Ordinance No. 91500-A-535. Councilmember
Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell,
Faught and Franklin voting in favor of the motion.
10. Consider approval of an Ordinance authorizing the issuance and
sale of City of Coppell, Texas, General Obligation Refunding
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Bond, Series 2009, levying an annual ad valorem tax and
providing for the security for and payment of said bond; and
enacting other provisions relating to the subject and authorizing
the Mayor to sign.
Presentation:
Jennifer Miller, Director of Finance, introduced Boyd London who made a
presentation to Council.
Action:
Mayor Pro Tem Hunt moved to approve Ordinance No. 2009-1245
authorizing the issuance and sale of City of Coppell, Texas, General
Obligation Refunding Bond, Series 2009, levying an annual ad valorem tax
and providing for the security for and payment of said bond; and enacting
other provisions relating to the subject and authorizing the Mayor to sign.
Councilmember Brancheau seconded the motion; the motion carried 6-0
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores, Tunnell and Faught voting in favor of the motion.
Councilmember Franklin abstained from voting with a Conflict of Interest
Affidavit.
11. Consider approval of a consulting services contract for
preparation of the Comprehensive Plan for the City of Coppell
with Bucher, Willis & Ratcliff Corporation (BWR) in the amount of
$159,000 and authorizing the City Manager to sign.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Tom Yantis, with Bucher, Willis & Ratliff, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve a consulting services contract
for preparation of the Comprehensive Plan for the City of Coppell with
Bucher, Willis & Ratliff Corporation (BWR) in the amount of $159,000 and
authorizing the City Manager to sign. Councilmember Franklin seconded
the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and
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Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught
and Franklin voting in favor of the motion.
12. PUBLIC HEARING:
Consider approval of Case No. S-1108R4-SF-9, Verizon, a zoning
change request from S-1108R-SF-9 (Special Use Permit-1108
Revised - Single Family-9) to S-1108R4-SF-9 (Special Use Permit-
1108 Revision 4 - Single Family-9), to allow the replacement of
an existing 80-square-foot accessory cabinet with a 190-square-
foot cabinet at the base of the tower on approximately 750
square feet of lease area located approximately 1,100 feet north
of East Belt Line Road within the electric transmission line
easement.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Bill Bowman, with Verizon, was available for questions.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed up to
speak.
Action:
Councilmember Franklin moved to close the Public Hearing and approve
Case No. S-1108R4-SF-9, Verizon, a zoning change request from S-1108R-
SF-9 (Special Use Permit-1108 Revised - Single Family-9) to S-1108R4-SF-9
(Special Use Permit-1108 Revision 4 - Single Family-9), to allow the
replacement of an existing 80-square-foot accessory cabinet with a 190-
square-foot cabinet at the base of the tower on approximately 750 square
feet of lease area located approximately 1,100 feet north of East Belt Line
Road within the electric transmission line easement. Councilmember
Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell,
Faught and Franklin voting in favor of the motion.
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13. PUBLIC HEARING:
Consider approval of Case No. PD-222R3-LI, Duke Lesley Addition
(Point West VII), Lot 2, Block A, a zoning change request from
PD-222R2-LI (Planned Development-222 Revision 2-Light
Industrial) to PD-222R3-LI (Planned Development-222 Revision
3-Light Industrial), to revise the Detail Site Plan to allow the
striping of 91 additional parking spaces within the existing truck
court area and construction of 13 new parking spaces in the
front yard on approximately 36.17 acres of property located on
the north side of Dividend Drive, approximately 1,200 feet west
of South Belt Line Road (240 Dividend Drive).
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Jeff Thorton, with Duke, addressed Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed up to
speak.
Action:
Councilmember Mahalik moved to close the Public Hearing and approve
Case No. PD-222R3-LI, Duke Lesley Addition (Point West VII), Lot 2, Block
A, a zoning change request from PD-222R2-LI (Planned Development-222
Revision 2-Light Industrial) to PD-222R3-LI (Planned Development-222
Revision 3-Light Industrial), to revise the Detail Site Plan to allow the
striping of 91 additional parking spaces within the existing truck court area
and construction of 13 new parking spaces in the front yard on
approximately 36.17 acres of property located on the north side of Dividend
Drive, approximately 1,200 feet west of South Belt Line Road (240 Dividend
Drive), subject to the following conditions:
1) Insure all plant materials are in a healthy and growing condition.
Replace those that are not alive; and
2) Drainage will be evaluated during Engineering plan review.
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Councilmember Faught seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores, Tunnell, Faught and Franklin voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of Case No. PD-222R4-LI, Duke Lesley Addition
(Point West VII), Lot 3, Block A, a zoning change request from
PD-222-LI (Planned Development-222 - Light Industrial) to PD-
222R4-LI (Planned Development-222 Revision 4-Light Industrial),
to establish a Detail Site Plan to allow the development of a
shared parking area (253 parking spaces) on 2.9 acres of property
located on the north side of Dividend Drive, approximately 1,000
feet west of South Belt Line Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed up to
speak.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve:
Item 14
Case No. PD-222R4-LI, Duke Lesley Addition (Point West VII), Lot 3, Block
A, a zoning change request from PD-222-LI (Planned Development-222 -
Light Industrial) to PD-222R4-LI (Planned Development-222 Revision 4-
Light Industrial), to establish a Detail Site Plan to allow the development of
a shared parking area (253 parking spaces) on 2.9 acres of property located
on the north side of Dividend Drive, approximately 1,000 feet west of South
Belt Line Road;
and
Item 15
The Duke Lesley Addition, (Point West VII), Lot 3, Block A, Minor Plat, to
allow the development of a shared parking area (253 parking spaces) on 2.9
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acres of property located on the north side of Dividend Drive, approximately
1,000 feet west of South Belt Line Road, subject to the following conditions:
1) Drainage will be evaluated during engineering plan review.
Councilmember Faught seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores, Tunnell, Faught and Franklin voting in favor of the motion.
15. Consider approval of the Duke Lesley Addition, (Point West VII),
Lot 3, Block A, Minor Plat, to allow the development of a shared
parking area (253 parking spaces) on 2.9 acres of property
located on the north side of Dividend Drive, approximately 1,000
feet west of South Belt Line Road.
This item was considered under Item 14. See Item 14 for minutes.
16. PUBLIC HEARING:
Consider approval of Case No. PD-244-TH-2, Willow Park, a
zoning change request from C (Commercial) to PD-244-TH-2
(Planned Development-244-Townhouse-2) to allow 24 detached
townhouse units and to amend the Land Use Plan of the 1996
Comprehensive Plan from Freeway Commercial and Light
Industrial/Showroom to Residential – Medium Density on 3.81
acres of property located approximately 337 feet east of S.H. 121
along the north side of Coppell Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed up to
speak.
Action:
Councilmember Tunnell moved to continue the Public Hearing and
postpone the item until the December 8th meeting. Mayor Pro Tem Hunt
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt
cm111009
Page 9 of 15
and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell,
Faught and Franklin voting in favor of the motion.
17. PUBLIC HEARING:
Consider approval of the St. Andrews Estates, Lot 21R, Block 1,
Replat, being a replat of Lots 21 and 22 of St. Andrews Estates,
into one lot to allow the construction of one single-family home
on 24,409 square feet of land located on the west side of
Inglenook Court, approximately 96 feet north of DeForest Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Terry Holmes, applicant, was available for questions from Council.
Public Hearing:
Mayor Peters opened the Public Hearing and advised no one signed up to
speak.
Action:
Councilmember Faught moved to close the Public Hearing and approve the
St. Andrews Estates, Lot 21R, Block 1, Replat, being a replat of Lots 21
and 22 of St. Andrews Estates, into one lot to allow the construction of one
single-family home on 24,409 square feet of land located on the west side
of Inglenook Court, approximately 96 feet north of DeForest Road.
Councilmember Mahalik seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-
Flores, Tunnell, Faught and Franklin voting in favor of the motion.
18. Consider approval of awarding a bid to Utz Environmental
Services in the amount of $177,348.00, for the installation of
the Creekview-Bethel Road Trail; and authorizing the City
Manager and CRDC President to sign the necessary documents.
Presentation:
John Elias, Parks Operation Manager, made a presentation to Council.
cm111009
Page 10 of 15
Action:
Councilmember Faught moved to approve the award of bid to Utz
Environmental Services in the amount of $177,348.00, for the installation
of the Creekview-Bethel Road Trail; and authorizing the City Manager and
CRDC President to sign the necessary documents. Councilmember
Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor
Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores,
Tunnell, Faught and Franklin voting in favor of the motion.
19. Consider approval of awarding a bid to Utz Environmental
Services in the amount of $115,871.00 for the installation of the
Hunterwood Improvements; and authorizing the City Manager
and CRDC President to sign the necessary documents.
Presentation:
John Elias, Parks Operation Manager, made a presentation to Council.
Action:
Councilmember Faught moved to approve the award of bid to Utz
Environmental Services in the amount of $115,871.00 for the installation of
the Hunterwood Improvements; and authorizing the City Manager and
CRDC President to sign the necessary documents. Councilmember
Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell,
Faught and Franklin voting in favor of the motion.
20. Consider approval of an Economic Development Agreement by
and between the City of Coppell and Uline, Inc., and authorizing
the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
cm111009
Page 11 of 15
Action:
Councilmember Brancheau moved to approve an Economic Development
Agreement by and between the City of Coppell and Uline, Inc., and
authorizing the Mayor to sign. Councilmember Franklin seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught
and Franklin voting in favor of the motion.
21. Consider approval of an Economic Development Agreement by
and between the City of Coppell and West Bethel Properties LLC,
and authorizing the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Action:
Councilmember Tunnell moved to approve an Economic Development
Agreement by and between the City of Coppell and West Bethel Properties
LLC, and authorizing the Mayor to sign. Mayor Pro Tem Hunt seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught
and Franklin voting in favor of the motion.
22. Consider approval of a Resolution approving the City of Coppell
casting its vote for the fourth member of the Board of Directors
of the Dallas Central Appraisal District, and authorizing the
Mayor to sign.
Action:
Councilmember Brancheau moved to approve Resolution No. 2009-1110.2
approving the City of Coppell casting its vote for Michael Hurtt as the
fourth member of the Board of Directors of the Dallas Central Appraisal
District, and authorizing the Mayor to sign. Councilmember Tunnell
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught
and Franklin voting in favor of the motion.
cm111009
Page 12 of 15
23. Consider approval of a Resolution approving the City of Coppell
casting its vote(s) for member(s) of the Board of Directors of the
Denton Central Appraisal District, and authorizing the Mayor to
sign.
Action:
Councilmember Brancheau moved to approve Resolution No. 2009-1110.3
approving the City of Coppell casting its 3 vote(s) for Pearl Ford to serve on
the Board of Directors of the Denton Central Appraisal District, and
authorizing the Mayor to sign. Councilmember Franklin seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught
and Franklin voting in favor of the motion.
24. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reported that this is the one and only
meeting for November. There will only be one meeting in December
as well.
25. Mayor and Council Reports.
A. Report by Mayor Peters regarding the Metroplex Mayors’
Meeting.
B. Report by Mayor Peters regarding the Holiday Parade and
Celebration, December 5th starting at 6:30.
C. Report by Mayor Peters regarding the Make a Child Smile
Program.
A. Mayor Peters reported on the Metroplex Mayors’ Meeting she
attended with City Manager Clay Phillips and Deputy City Manager
Mario Canizares. Dr. Mary Ellen Webber, VP of Governmental Affairs
at UT Southwestern, made a presentation on space exploration and
her experience as an astronaut.
B. Mayor Peters announced the annual Holiday Parade and Celebration
will be held on Saturday, December 5th at 6:30 p.m. There will be
illuminated floats, a tree lighting ceremony, roaming carolers,
refreshments and activities.
cm111009
Page 13 of 15
C. Finally, Mayor Peters reported on the Make a Child Smile Program.
Ornaments can be picked up in the City Secretary’s Office at Town
Center between the hours of 8 a.m. and 5 p.m. This year there are
148 families with 387 children. The deadline to return the gifts is
December 11th.
26. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Nothing to report
27. Necessary action resulting from Work Session.
Action:
Councilmember Tunnell moved to approve a personal consulting agreement
with Dan Shelly to perform services in accordance with a written
agreement, providing for a two year term, and authorizing the City Manager
to sign. Councilmember Mahalik seconded the motion; the motion carried
7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
Action:
Councilmember Mahalik moved to approve a contract by and between the
City of Coppell and Innovative Transportation Solutions, Inc., for
engineering consulting services in accordance with the written agreement,
providing for a maximum payment, and authorizing the City Manager to
sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
28. Necessary action resulting from Executive Session.
There was no action necessary under this item.
cm111009
Page 14 of 15
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Jayne Peters, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm111009
Page 15 of 15
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
December 8, 2009
8/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute an Interlocal
Agreement with Dallas County for maintenance and improvements to city streets; and authorizing the Mayor to sign.
The City of Coppell regularly requests assistance from Dallas County to maintain and improve asphalt streets within the
city. The Agreement we currently operate under was approved in 2003. This one will simply update the existing
Agreement.
Staff will be available to answer any questions at the Council meeting.
Staff recommends approval of this Interlocal Agreement with Dallas
County for maintenance and improvement of city streets.
#Dallas County Agreement
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: December 8, 2009
REF: Consider approval of a Resolution authorizing the Mayor of the City of
Coppell, Texas to execute an Interlocal Agreement with Dallas County for
maintenance and improvements to city streets; and authorizing the Mayor to
sign.
In September of 2003, the City of Coppell entered into an Agreement with Dallas County for
maintenance and improvement of city streets. Working under the existing Agreement, Dallas
County Road and Bridge crews have resurfaced miles of asphalt streets, they have installed and
maintained storm drainage culverts, and they have performed considerable work at the Coppell
Farmers Market.
The Dallas County Road and Bridge superintendant contacted me and requested that we update
the existing Agreement with the new one before you this evening. This is a housekeeping
exercise initiated by Dallas County to bring the Agreement up to their current standards. The
only significant change is that it now has a limit on the automatic extension of five years. This
simply means we will need to update this Agreement again in five years.
Dallas County Road and Bridge staff has been responsive to the needs of the City of Coppell,
and have performed well under the previous Agreement. Dallas County crews have knowledge,
equipment, and expertise that we have used in partnership to complete projects that we would
otherwise have had to hire outside contractors to complete. We believe this has resulted in
considerable savings of time and money to the citizens of Coppell.
Staff recommends approval of this City/County Agreement for maintenance and improvement of
city streets, and will be available to answer any questions at the Council meeting.
3
2003 1965
o
CO T QRllER
ORDER NO
DAT
COUNTY OF DALLAS
6
STATE OF TEXAS
BE IT REMEMSERED at a regular meeting of the Commissioners Court of Dalla County
1 cA U LU va ollt 1 1 OdY 1 vv on mo on
maae Jy John Wiley Price Comnissioner of District No 3
like Cantrell OOmnissioner of District No 2
and seconded by
the following order was
adopted
WHEREAS the City of Coppell and the Commissioner of District No 4 desire to enter
into an agreement for maintenance nd improvement of City streets by County
as Iurther escribed y the attached C1TY coUNTY AGREEMENT an
WdEREAS the terms and conditions set forth within this CITYfCOUNTY AGREEMENT provide
the cooperative framework for the City and County to undertake a variety of
transportation planning engineering desi9n construction and maintenance
functions services and activities and
hHEREAS the City of Coppell has executed the attached City County Agreement in
accordance with Chapter 791 of the Texas Government Code ana
h RE1 S City may request County to perform services on the City s ecreet system duringtheperiodfromJanuary12003throughDecmber312003TheCityCounty
agreement shall thereafter be automatically renewed each year for the same
period of time until superseded by a supplemental agreement or earlier
t rmin eed as provided by this Agreement
IT IS THEREFO ORI ADJUtlG ID AND DBCJUED by the tlallas County Commissioners Court that
the County Judge is hereby authorized and directed to execute the attached CitY Count
I I Q ro v of r nn 1
OONE IN OPEN COURT this the 21st day of m
Md
i MiK Cantrell vis rict 2
Conforms ts
CommissionerCourtPolicy Qt t YHl
Don ld R Holzwarth P E
Dir ctor of public wo
STA TE OF TEXAS
COUNTY OF DALLAS
CITY COUNTYAGREEMENT
WHEREAS the city of Coppell herein after called City and the County of Dallas herein after
called County desire to enter into an agreement for maintenance and
improvement of city streets by the County
WHEREAS Chapter 791 of the Texas Govenunent Code as amended provides authorization
for local governments to enter into interlocal agreements
WHEREAS the Dallas County Commissioners Court has adopted Order No 84 659
establishing the County Road and Bridge Policy and Order No 92 1254
amending the official County Road List
NOW THEREFORE THIS INTERLOCAL AGREEMENT is hereby made and entered into by
the City and the County upon and for the mutual consideration stated herein
PURPOSE
The terms and conditions set forth within this Agreement provide the cooperative framework for
the City and the County to undertake a variety of transportation planning engineering design
construction and maintenance functions services and activities Unless specifically delineated
and defined herein all such functions services and activities must be approved in advance of
project initiated by the Commissioners Court of Dallas County Such approval will require at a
minimum project definition ofscope type location and estimated resources required by the CityandbytheCounty
WITNESSETH
1
The City may request the County to perform services on the City s street system during the periodfromJanuary12003toDecember312003ThisMasterAgreementshallthereafterbe
automatically renewed each year for the same period of time until superseded by a supplementalagreementorearlierterminatedasprovidedbythisagreementServicesmayincludeimprovementsandmaintenanceofthoroughfaresandbridgesofmajorcountyimportancewhich
are either existing or proposed or improvements and maintenance ofminor local streets roadsbridgesanddrainagefacilitiesforagoemmentalentityasdefinedWlderChapter791TxasGovmmentodeInterloc1CoperatIonActSuchworkmayincludescarifyingstabilizinggradmgpatchmgsealcotlOgslgnmgpavementmarkingmowingwideningresectioningoverlaymgandotherrepaIrorImprovementprojects
II
The City agrees to reimburse to the County the total cost ofall work perfonned including labor
equipment materials and administrative costs on Type E streets on a monthly basis upon billing
by the County The City agrees to reimburse the County 50 of the total cost of work performed on
Type B and Type en streets as outlined in the current DaUas County Road and Bridge Policy
Costs of labor equipment materials and administrative will be pursuant to the attached fee schedule
which is incorporated herein by reference as Exhibit A
III
The City agrees to indemnify and save hannIess the County from any liability or damages the County
may suffer as a result of claims demands costs or judgments against the County for injuries to
persons or damage to the property of any person s or corporation s arising out of the performance
ofthe work and services under this Agreement except to the extent such liability or damages are
caused by the sole negligence of County
IV
The City agrees to allow the County to make routine special studies of traffic conditions within
the City These studies may include traffic counts and measures of speed delay and other
factors Any such studies conducted for County purposes and not specifically requested by the
City will be at County expense
v
The City agrees to notify the County Department of Public Works within 30 days of any
annexations or de annexations to allow County to accurately maintain the Official Road List
VI
Specific projects to be undertaken by the tenns and conditions ofthis Agreement must be
defined and clearly detailed in scope type location and party or parties performing the
governmental functions or services All payments must be in amounts that fairly compensate the
perfonning party for the services or functions perfonned and shall be made from current
revenues available to the paying party Specific project detail must be documented and suppliedforindividualprojectapprovalbeforetheprojectisbegunPavementmarkingprojects
performed by the County for the City will require the City to provide appropriate traffic control
Such control may include as traffic volume and conditions warrant flagging cones barricades
shadow vehicles arrow boards signs and other desirable actions specified by the Texas Manual
or Uniform Traffic Control Devices MUTCD
VII
Eit er City or Co ntY may terminate this Agreement by providing the other party thirty 30 dayswnttennoticeofItsIntenttoterminateThewrittennoticeoftheintenttoterminateshallbedeliveredtothefollowing
City Manager
City ofCoppell
P O Box 9478
Coppell TX 750 9
Director of Public Works
Dallas County
411 Elm Street 4th Floor
Dallas TX 75202
IX
This Agreement shall be constructed in accordance with the laws of the State ofTexas Exclusive
venue for any legal actions between the parties arising from this Agreement shall be in Dallas
County Texas
BILLING
AU work will be billed within the first five 5 working days after the end of the month in which
it was performed All invoices are due upon receipt Escrowed funds are to be paid over to the
County on a monthly basis under the same tenus A copy of each invoice is to be sent to the
County Auditor as it is prepared for accounts receivable control
MISCELLANEOUS
City and County certify that this Interlocal Agreement is executed in accordance with the
governing provisions oCtile Texas lnterlocal Cooperation Acts as amended and City and County
expressly represent that payment for all funds expended herein are from current budgeted funds
available for the purpose recited in this agreement and that any required separate document approval
by the County will be acc omplished as a condition precedent to the exe ution ofmis agreement
The City of Coppell has execute this Agreement pursuant to duly authoTiu d City Council
Ii1 fJu7 EoS da The County of Dallas has executed this
Agreement pursuant to Commlssioners Court Order No 2003 1965 l on this 21st
day of October 2003
BY
COUNTY OF DALLAS
APPROVED AS 10 FOR21
1 riYUXfC1VljJJJfrtl1
B Janet rergusonl j
Advlsory Chief C vil Section
APPROVAL OF INTERLOCAL COOPERATION PROJECT
The County of Dallas, acting by and through the County Commissioners Court, having
been advised of a project to perform various services on the City of Coppell’s street system
during the period commencing on the effective date of the Agreement through October 1, 2010,
as further described in Exhibit” A” attached, all located within the City of Coppell (“City), under
an Interlocal Agreement, herein gives its specific written approval of the project prior to
beginning the project in satisfaction of the requirements of V.T.C.A., Government Code, Chapter
791, the Interlocal Cooperation Act, Section 791.014.
The description of the type of project to be undertaken and its location are as follows:
Perform services on the City’s street system during the period commencing on the effective dates
of the Agreement through October 1, 2010, located within the City of Coppell.
The local government which requested the project and with which the County of Dallas
has contacted is the City of Coppell.
By vote on this day, the Commissioners Court has approved the project identified above
and authorized execution of this document by the presiding officer on behalf of Dallas County,
Texas.
By: __________________________
County Judge of Dallas County
Commissioners Court
Exhibit “A”
Master Interlocal
Cooperation Agreement
STATE OF TEXAS §
C
OUNTY OF DALLAS §
MASTER INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the City of Coppell, hereinafter called City, and the County of Dallas, hereinafter
called County, desire to enter into an Agreement for maintenance and
improvement of city streets by the County;
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization
for local governments to enter into Interlocal Agreements;
WHEREAS, the Dallas County Commissioners Court has adopted Order No. 84-659,
establishing the County Road and Bridge Policy and Order No. 92-1254
amending the official County Road List;
NOW, THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and entered into by
the City and the County upon and for the mutual consideration stated herein:
PURPOSE:
The terms and conditions set forth within this Agreement provide the cooperative framework for
the City and the County to undertake a variety of transportation planning, engineering, design,
construction, and maintenance functions, services and activities.
WITNESSETH:
I.
The City may request the County to perform services on the City’s street system during the
period commencing on the effective date of this Agreement through October 1, 2010. This
Master Interlocal Cooperation Agreement shall thereafter be automatically renewed each fiscal
year of the City, for the period of time beginning October 1 through September 30, for a
maximum term of five fiscal years, until superseded by a Supplemental Agreement or earlier
terminated as provided by this Agreement. Services may include improvements and
maintenance of thoroughfares and bridges of major county importance, which are either existing
or proposed, or improvements and maintenance of minor (local) streets, roads, bridges and
drainage facilities for a governmental entity as defined under Chapter 791, Texas Government
Code, Interlocal Cooperation Act. Such work may include scarifying, stabilizing, grading,
patching, seal coating, signing, pavement marking, mowing, widening, resectioning, overlaying
and other repair or improvement projects. Under terms of this Agreement, any payment for
services provided herein must be made with current revenues.
II.
City agrees to pay to County the estimated city cost as City’s portion of the cost of a project
(City’s Funds) (see Exhibit B for potential city projects). City’s Funds will be paid to County
prior to the commencement of construction of a project. The City’s Funds will be held in an
escrow account and shall be drawn there from pursuant to Paragraph IX below. City agrees to
accomplish the following terms, if required by the project, in a timely manner to ensure that such
items will not delay the County construction schedule: (1) inform the public of the proposed
reconstruction of the Project; (2) locate all manholes, water valves, and other utilities within the
Project; and (3) make or cause to be made all utility relocations necessary for the Project at no
cost to County.
III.
To the extent allowed by law, the City agrees to indemnify and save harmless the County
from any liability or damages the County may suffer as a result of claims, demands, costs
or judgments against the County for injuries to persons or damage to the property of any
person(s) or corporations(s) arising out of the performance of the work and services under
this Agreement except to the extent such liability or damages are caused by the sole
negligence of County.
IV.
The City agrees to allow the County to make routine special studies of traffic conditions within
the City. These studies may include traffic counts and measures of speed, delay and other
factors. Any such studies conducted for County purposes and not specifically requested by the
City will be at County expense.
V.
The City agrees to notify the County Department of Public Works within thirty (30) days of any
annexations or de-annexations to allow the County to accurately maintain the Official Road List.
VI.
A specific project to be undertaken by the terms and conditions of this Agreement must be
defined and clearly detailed in scope, type, location and party or parties performing the
governmental functions or services. All payments must be in amounts that fairly compensate the
performing party for the services or functions performed and shall be made from current
revenues available to the paying party. Specific project detail must be documented and supplied
for individual project approval before the project is begun. Pavement marking projects
performed by the County for the City will require the City to provide appropriate traffic control.
Such control may include, as traffic volume and conditions warrant, flagging, cones, barricades,
shadow vehicles, arrow boards, signs and other desirable actions specified by the Texas Manual
on Uniform Traffic Control Devices (TMUTCD).
VII.
Either City or County may terminate this Agreement by providing the other party thirty (30) days
written notice of its intent to terminate. The written notice of the intent to terminate shall be
delivered as following:
City Engineer
City of Coppell
P. O. Box 9478
Coppell, TX 75019
Superintendent
Road & Bridge District 4
Dallas County
4403 W. Illinois
Dallas, TX 75211
VIII.
This Agreement shall be construed in accordance with the laws of the State of Texas. Exclusive
venue for any legal actions between the parties arising from this Agreement shall be in Dallas
County, Texas.
IX.
All work for a project will be charged to the City’s Funds in the escrow account within the first
five working days after the end of the month in which the work was performed. If the actual cost
of a project exceeds the amount of the City’s Funds, the City shall remit the additional funds
within 30 days of written notice from the County of the shortfall. If the actual cost of the project
is less than the amount of the City’s Funds, the County shall remit such funds within 30 days of
written notice from the City of the overage.
X.
Prior to any work being commenced or any funds exchanged, the parties agree to comply with
Texas Governmental Code § 791.014.
XI.
City and County certify that this Agreement is executed in accordance with the governing
provisions of the Texas Interlocal Cooperation Acts, as amended, and that any required separate
documented approval by the County will be accomplished as a condition precedent to the
execution of this Agreement.
The City of Coppell has executed this Agreement pursuant to duly authorized City Council
Resolution No. ____________ dated ___________. The County of Dallas has executed this
Agreement pursuant to Commissioners Court Order No. ___________, on this _______ day of
_____________, 20______.
COUNTY OF DALLAS CITY OF COPPELL
_______________________________ _______________________________
Jim Foster, County Judge Jayne Peters, Mayor
ATTEST:
______________________________
Libby Ball, City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
_______________________________ _______________________________
Bob Schell, Chief, Civil Section Robert Hager, City Attorney
B elt L in eBelt LineBethel
Sandy Lake
Par k wa y
RoyalFreeportMacArthurDenton TapMooreCoppellMoor
eCoppellFreeport
Coppell±
1 inch = 4,000 feet
Exhibit BCity Street Inventory
Created on 18 November 2009 by JW Created in ArcGIS 9.3W:\ArcMapProj\LocationMapDWG_Streets.mxdColor Photo Date: Feb 2007
CONCRETEASPHALTUNDER CONSTRUCTION04,0002,000 Feet
RESOLUTION NO. _________________
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF
COPPELL, TEXAS TO EXECUTE AN INTERLOCAL AGREEMENT
WITH DALLAS COUNTY FOR MAINTENANCE AND
IMPROVEMENTS TO CITY STREETS; AND PROVIDING AN
EFFECTIVE DATE; AND AUTHORIZING THE MAYOR TO SIGN.
WHEREAS, the City of Coppell has requested that Dallas County enter into the
attached City/County Agreement for maintenance and improvement of city streets for the
period commencing on the effective date of this agreement through October 1, 2010; and,
WHEREAS, the City/County Agreement for maintenance and improvement of city
streets is consistent with the authority and purposes of Texas Government Code Chapter
791 relating to Interlocal Cooperation Agreements; and,
WHEREAS, the City/County Agreement for maintenance and improvement of city
streets defines the responsibilities of the City and Dallas County pertaining to the
agreement; and,
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
OF THE CITY OF COPPELL, TEXAS:
SECTION 1. The recitations and findings contained in the preamble of this
Resolution are incorporated herein by reference.
SECTION 2. The City Council of the City of Coppell, Texas hereby approves the
City/County Agreement for maintenance and improvement of city streets. The Mayor is
hereby authorized to execute the City/County Agreement for maintenance and
improvement of city streets on behalf of the City of Coppell and to exercise the rights and
duties of the City there under.
SECTION 3. This Resolution shall be effective immediately from and after its passage
and approval.
1
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
____________, 2009.
APPROVED:
_________________________________________
JAYNE PETERS, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. 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:
Engineering
December 8, 2009
8/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of a Resolution of the City Council of the City of Coppell, Texas, establishing a policy for
governmental signage for community recognition; and authorizing the Mayor to sign.
Approval of this Resolution will establish a written policy for the placement of signage by attachment to governmental
signs for recognition of sports and other extracurricular activities within the City of Coppell, Texas.
Staff will be available to answer any questions at the Council meeting.
Staff recommends approval of this Resolution.
#Recognition Sign Resolution
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: December 8, 2009
REF: Consider approval of a Resolution of the City Council of the City of Coppell,
Texas, establishing a policy for governmental signage for community
recognition; providing a severability clause; and providing an effective date.
This agenda item is a follow-up to the November 10th City Council meeting, where there was
discussion concerning the placement of championship teams on entry signs leading into Coppell.
There are currently seven entry signs leading into the City of Coppell. Three additional entry
signs will be installed in the near future. The seven existing entry signs currently have four UIL
state champions, one club champion, two national champions and one middle school champion.
Based on the discussion at the November 10th City Council meeting, Council directed that a
Resolution be drafted to contain certain items pertaining to the placement of championship teams
on entry signs. Those were:
1. Only High School sanctioned activities would be recognized;
2. Only High School activities sanctioned by the University Interscholastic League
(“UIL”) would be recognized;
3. Only High School team activities would be recognized.
There was also discussion concerning rolling off a prior championship team after a prescribed
period of time. In an attempt to address that particular item; Section 1, paragraph d, states that if
there is inadequate space for placement of the newest championship team then the oldest
championship team would be removed. This would eliminate the need to install a larger sign
and/or add additional plaques below the existing signs.
If this Resolution is approved by City Council the existing signs will be removed and remade,
listing only UIL High School sanctioned team activity champions.
The teams to be removed are the: 2003 Ice Hockey Champions (not a High School team activity
and not UIL sanctioned); the 2004 and 2007 Lariettes National Champions (not UIL sanctioned);
and the Coppell North Middle School Band Champion (not a High School activity).
The new signs will include the following state champions:
1994-95 4A Boys Baseball;
1999-2000 4A Marching Band;
2000-01 5A Girls Softball;
2003-04 5A Boys Soccer;
2008-09 5A Girls Soccer.
Interesting, but not germane to this item, was the nineteen individual state champions that
Coppell has had. For your reading enjoyment they are: 1976 and 1977 - One Act Play; 1982 -
Spelling and Vocabulary; 1995 - News Writing; 1997 - Headline Writing; 1997 and 1998 - Long
Jump; 2000 - Discus Throw; 2004 and 2005 - 50 yard freestyle swimming; 2004, 2006 (2), and
2007 - Boys Wrestling; 2005 - 100 yard freestyle swimming; 2006 - Editorial Writing; and 2006,
2007, and 2008 - Girls Wrestling.
Staff recommends approval of this Resolution, and will be available to answer any questions at
the Council meeting.
2
1 INCH = FT.
0 5000
5000
2500
Proposed and Existing
Championship Recognition
Sign Locations
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CHAMP SIGNS
Created on: 10 November 2009 by Scott Latta 1/1
EXISTING LOCATION OF
CHAMPIONSHIP
RECOGNITION SIGN
PROPOSED LOCATION OF
CHAMPIONSHIP
RECOGNITION SIGN
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING A POLICY FOR GOVERNMENTAL SIGNAGE FOR COMMUNITY
RECOGNITION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell has enjoyed recognition through awards for sports and
extracurricular activities through school activities in the State of Texas; and
WHEREAS, members of the Coppell High School sports and extracurricular teams have
achieved state championships in their respective endeavors; and
WHEREAS, the City desires to recognize those endeavors by the placement of such
recognition on governmental signs at the entry ways to the City; and
WHEREAS, the City desires to establish a policy for the placement of signage for such
team(s) and/or group activities for recognition purposes and has in the past established such
signage by attachment to other governmental signs; and
WHEREAS, the Council desires to establish a written policy for such recognition;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS THAT:
SECTION 1. The following policy for the establishment of such governmental
recognition signs for sports and other extracurricular activities within the City of Coppell, Texas,
is hereby adopted:
A. The policy shall only apply to High School sanctioned activities;
B. Said signage shall only provide such recognition for University
Interscholastic League (“UIL”) sanctioned sports teams and/or activities;
C. Said signage shall be for team sports and shall only apply to State
championships achieved by such team(s); and
Page 1
TM 40707.2.112309
D. In the event that there are more championship team(s) than available space
on the sign, the newest championship team(s) shall be placed on the sign
and the oldest championship team(s) shall be removed.
SECTION 2. That if any article, paragraph, subdivision, clause or provision of this
resolution be adjudged invalid or held unconstitutional for any reason, such judgment or holding
shall not affect the validity of this resolution as a whole or any part or provision thereof other
than the part so declared to be invalid or unconstitutional.
SECTION 3. That this resolution shall become effective immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of
__________, 2009.
APPROVED:
________________________________
JAYNE PETERS, MAYOR
ATTEST:
________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb)
Page 2
TM 40707.2.112309
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 8, 2009
8/D
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-222R3-LI, Duke Lesley Addition (Point West VII), Lot 2, Block A, a
zoning change from PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to PD-222R3-LI (Planned
Development-222 Revision 3-Light Industrial), to revise the Detail Site Plan to allow the striping of 91 additional parking
spaces within the existing truck court area and construction of 13 new parking spaces in the front yard on
approximately 36.17 acres of property located on the north side of Dividend Drive, approximately 1,200 feet west of
South Belt Line Road (240 Dividend Drive) and authorizing the Mayor to sign.
On October 15, 2009, the Planning Commission unanimously
recommended approval of this ZONING CHANGE (5-0).
Commissioners, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell
voted in favor, none opposed.
On November 10, 2009, City Council unanimously approved this
ZONING CHANGE (7-0).
Staff recommends APPROVAL.
@PD-222R3-LI, DLA, ORD-1 AR (con)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-222R2-LI (PLANNED
DEVELOPMENT-222 REVISION 2-LIGHT INDUSTRIAL) TO PD-222R3-
LI (PLANNED DEVELOPMENT-222 REVISION 3-LIGHT
INDUSTRIAL), TO REVISE THE DETAIL SITE PLAN TO ALLOW THE
STRIPING OF 91 ADDITIONAL PARKING SPACES WITHIN THE
EXISTING TRUCK COURT AREA AND CONSTRUCTION OF 13 NEW
PARKING SPACES IN THE FRONT YARD ON APPROXIMATELY 36.17
ACRES OF PROPERTY LOCATED ON THE NORTH SIDE OF
DIVIDEND DRIVE, APPROXIMATELY 1,200 FEET WEST OF SOUTH
BELT LINE ROAD (240 DIVIDEND DRIVE), AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING
FOR THE APPROVAL OF THE SITE PLAN AND LANDSCAPE PLAN
ATTACHED HERETO AS EXHIBITS “B AND C”, RESPECTIVELY;
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-222R3-
LI should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from PD-222R2-LI (Planned
Development-222 Revision 2-Light Industrial) to PD-222R3-LI (Planned Development-222
Revision 3-Light Industrial), to amend the Detail Site Plan to revise the parking configuration to
TM 40576.2.111709
allow the striping of 91 additional parking spaces and landscaping within the existing truck court
area and construction of 13 new parking spaces in the front yard on approximately 36.17 acres of
property located on the north side of Dividend Drive, approximately 1,200 feet west of South
Belt Line Road (240 Dividend Drive) and being more particularly described in Exhibit “A”,
attached hereto and made a part hereof for all purposes.
SECTION 2. The property shall be developed and used in accordance with the LI (Light
Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as
amended in the development regulation hereinbefore set forth:
(A) The perimeter landscape buffer along the east property line shall be a minimum of 5
feet in width, as depicted in Exhibit C.
(B) That the property shall be used and developed with the amended Site Plan in
Exhibit B.
(C) Except as amended herein and as provided in this Ordinance, the property shall be
developed in accordance with Ordinance 91500-A-462, and 91500-A-499 which
are incorporated herein as set forth in full and hereby republished.
SECTION 3. The property shall be developed and as provided on the Site Plan and the
Landscape Plan hereto as Exhibits “B and C”, respectively, and which are made a part hereof for all
purposes, which are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
TM 40576.2.111709
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2009.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 8, 2009
8/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-222R4-LI, Duke Lesley Addition (Point West VII), Lot 3, Block A, a
zoning change from PD-222-LI (Planned Development-222 - Light Industrial) to PD-222R4-LI (Planned Development-222
Revision 4-Light Industrial), to establish a Detail Site Plan to allow the development of a shared parking area (253
parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of
South Belt Line Road and authorizing the Mayor to sign.
On October 15, 2009, the Planning Commission unanimously
recommended approval of this ZONING CHANGE (5-0).
Commissioners, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell
voted in favor, none opposed.
On November 10, 2009, City Council unanimously approved this
ZONING CHANGE (7-0).
Staff recommends APPROVAL.
@PD-222R4-LI,DLA,ORD-1 AR (con)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-222-LI (PLANNED
DEVELOPMENT-222 - LIGHT INDUSTRIAL) TO PD-222R4-LI
(PLANNED DEVELOPMENT-222 REVISION 4-LIGHT INDUSTRIAL),
TO ESTABLISH A DETAIL SITE PLAN TO ALLOW THE
DEVELOPMENT OF A SHARED PARKING AREA (253 PARKING
SPACES) ON 2.9 ACRES OF PROPERTY LOCATED ON THE NORTH
SIDE OF DIVIDEND DRIVE, APPROXIMATELY 1,000 FEET WEST OF
SOUTH BELT LINE ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN AND LANDSCAPE PLAN
ATTACHED HERETO AS EXHIBITS “B AND C”, RESPECTIVELY;
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-222R4-
LI should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from PD-222-LI (Planned
Development-222 - Light Industrial) to PD-222R4-LI (Planned Development-222 Revision 4-
Light Industrial), to establish an amended Detail Site Plan to allow the development of a shared
TM 40570.2.111709
parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend
Drive, approximately 1,000 feet west of South Belt Line Road, and being more particularly
described in Exhibit “A”, attached hereto and made a part hereof for all purposes.
SECTION 2. The property shall be developed and used in accordance with the LI (Light
Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as
amended in the development regulation and as follows:
(A) The perimeter landscape buffer along the western property line shall be a minimum
of 7.5 feet in width, as depicted in Exhibit C.
(B) That the property shall be used and developed with the amended Site Plan in
Exhibit B.
(C) Except as amended herein and as provided in this Ordinance, the property shall be
developed in accordance with Ordinance 91500-A-462, which is incorporated
herein as set forth in full and hereby republished.
SECTION 3. The property shall be developed and as provided on the Site Plan and the
Landscape Plan hereto as Exhibits “B and C”, respectively, and which are made a part hereof for all
purposes, which are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
TM 40570.2.111709
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2009.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised)
EXHIBIT ‘A’
LEGAL DESCRIPTION
Lot 3, Block A
PD-222R4-LI
DESCRIPTION, of a 2.879 acre tract of land situated in the Cordelia Bowen Survey, Abstract No.
56, Dallas County, Texas; being part of that tract of land described in a Special Warranty Deed as
"Tract 1" to Duke Realty Limited Partnership recorded in Instrument No. 200600301442 of the
Deed Records of Dallas County, Texas; said 2.879 acre tract being more particularly described
as follows:
COMMENCING, at a 1/2-inch iron rod with "Pacheco Koch" cap found at the south end of a
corner-clip at the intersection of the west right-of-way line of Belt Line Road (a 120-foot wide
right-of-way) with the north right-of-way line of Dividend Drive, a (90-foot wide right-of-way)
according to the plat of Lot 1 and Lot 2, Block C Duke Lesley Addition Dividend Drive and Point
West Boulevard recorded in Inst. No. 20070240528 of said Deed Records;
THENCE, along said north line of Dividend Drive, the following three (3) calls:
North 89 degrees, 57 minutes, 33 seconds West, a distance of 928.81 feet to a 1/2-inch
iron rod with "Pacheco Koch" cap found for corner; said point being the beginning of a
tangent curve to the left;
In a southwesterly direction, along said curve to the left, having a central angle of 6
degrees, 55 minutes, 18 seconds, a radius of 495.00 feet, a chord bearing and distance
of South 86 degrees, 34 minutes, 48 seconds West, 59.76 feet, an arc distance of 59.80
feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner at the POINT OF
BEGINNING;
In a southwesterly direction, continuing along said curve to the left, having a central angle
of 21 degrees, 01 minutes, 08 seconds, a radius of 495.00 feet, a chord bearing and
distance of South 72 degrees, 36 minutes, 35 seconds West, 180.57 feet, an arc distance
of 181.59 feet to a "X" cut in concrete found at the end of said curve said point being the
southeast corner of Lot 2, Block A, Duke Lesley Addition an addition to the City of
Coppell according to the plat recorded in Inst. No. 20070446909 of said Deed Records:
THENCE, North 27 degrees, 53 minutes, 59 seconds West, departing said north line of Dividend
Drive and along the east line of said Lot 2, a distance of 59.99 feet to a "X" cut in concrete found
at an angle;
THENCE, North 00 degrees, 02 minutes, 27 seconds East continuing along the east line of said
Lot 2, a distance of 773.36 feet to a "X" cut in concrete found for the northeast corner of said Lot
2, and being the south line of Lot 1, Block A, duke Lesley Addition an addition to the City of
Coppell according to the plat recorded in Inst. No. 200700301442 of said Deed Records;
THENCE, South 89 degrees, 57 minutes, 33 seconds East along the said south line of Lot 3, a
distance of 31.21 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for the southeast corner
of said Lot 1, Block A; said point also being in the west line of Lot 1, Block B, Coppell Business
Center II an addition to the City of Coppell according to the plat recorded in Volume 98008, Page
11 of said Deed Records;
THENCE, South 00 degrees, 29 minutes, 23 seconds West along the said west line of Lot 1,
Block B, a distance of 199.68 feet to a 3/4-inch iron pipe found for the southwest corner of said
Lot 1 Block B;
THENCE, North 89 degrees, 25 minutes, 45 seconds East along the south line of said Lot 1,
Block B, a distance of 170.75 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner;
THENCE, South 00 degrees, 02 minutes, 27 seconds West departing the said south line of Lot 1,
Block B, a distance of 574.42 feet to the POINT OF BEGINNING;
CONTAINING, 125,407 square feet or 2.879 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 8, 2009
8/F
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1108R4-SF-9, Verizon, a zoning change from S-1108R-SF-9 (Special
Use Permit-1108 Revised - Single Family-9) to S-1108R4-SF-9 (Special Use Permit-1108 Revision 4 - Single Family-9), to
allow the replacement of an existing 80-square-foot accessory cabinet with a 190-square-foot cabinet at the base of
the tower on approximately 750 square feet of lease area located approximately 1,100 feet north of East Belt Line
Road within the electric transmission line easement and authorizing the Mayor to sign.
On October 15, 2009, the Planning Commission unanimously
recommended approval of this ZONING CHANGE (5-0).
Commissioners, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell
voted in favor, none opposed.
On November 10, 2009, City Council unanimously approved this
ZONING CHANGE (7-0).
Staff recommends APPROVAL.
@S-1108R4-SF-9,Vrizon,ORD-1 AR (con)
1 TM 40627.2.111909
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM S-1108R-SF-9 (SPECIAL USE PERMIT-1108
REVISED - SINGLE FAMILY-9) TO S-1108R4-SF-9 (SPECIAL USE PERMIT-
1108 REVISION 4 - SINGLE FAMILY-9), TO ALLOW THE REPLACEMENT
OF AN EXISTING 80-SQUARE-FOOT ACCESSORY CABINET WITH A 190-
SQUARE-FOOT EQUIPMENT CABINET AT THE BASE OF THE TOWER
ON APPROXIMATELY 750 SQUARE FEET OF LEASE AREA LOCATED
APPROXIMATELY 1,100 FEET NORTH OF EAST BELT LINE ROAD
WITHIN THE ELECTRIC TRANSMISSION LINE EASEMENT, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE
APPROVAL OF THE OVERALL SITE PLAN, ENLARGED SITE PLAN AND
ELEVATIONS OF THE EQUIPMENT CABINET, ATTACHED HERETO AS
EXHIBITS “B”, “C” AND “D”, RESPECTIVELY; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1108R4-SF-9 should be approved,
and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance
and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from S-1108R-SF-9 (Special Use Permit-
1108 Revised - Single Family-9) to S-1108R4-SF-9 (Special Use Permit-1108 Revision 4 - Single
2 TM 40627.2.111909
Family-9), to allow the replacement of an existing 80-square-foot accessory cabinet with a 190-
square-foot shelter at the base of the tower on approximately 750 square feet of lease area located
approximately 1,100 feet north of East Belt Line Road within the electric transmission line
easement and being more particularly described in Exhibit “A” attached hereto and made a part hereof
for all purposes, subject to special conditions.
SECTION 2. That Special Use Permit S-1108-A is hereby revised to allow a 190-square-foot
equipment cabinet as a primary use at the base of the existing tower to support wireless
communication antennas, is hereby approved, subject to the following special conditions:
(A) The existing eighty (80’) square foot equipment cabinet shall be removed within
thirty (30) days of the completion of the new equipment cabinet.
(B) The materials of said cabinet shall be the same color and texture of brick to match
improvements located at Coppell Crossing Shopping Center.
(C) The mechanical equipment attached to the exterior of said cabinet shall be painted
with all weather paint to match the brick color.
(D) A 12-foot wide vehicle access drive shall be provided from the cabinet to the
existing alley located to the north of this site as indicated on the amended Site Plan
attached hereto as Exhibit “B”.
(E) Except as amended herein and as provided in this Ordinance, the property shall be
developed in accordance with Ordinances 91500-A-127 & 91500-A-242, which are
incorporated herein as set forth in full and hereby republished.
SECTION 3. That the Overall Site Plan, Enlarged Site Plan and Elevations of the
Equipment Cabinet, attached hereto as Exhibits “B”, “C” and “D”,” respectively, and made a part
hereof for all purposes, are hereby approved.
3 TM 40627.2.111909
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
4 TM 40627.2.111909
SECTION 10. That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2009.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/23/09)
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
December 8, 2009
9
✔
PUBLIC HEARING
Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the
property owned by Texas Dugan Limited Partnership, described as Block A, Lot 4 of the Duke Freeport Addition (26.659
acres) and located on the north side of Bethel Road, east of Freeport Parkway.
The Public Hearing Notice was published in the Citizens Advocate on Friday, November 27, 2009. This public hearing is
for the designation of a reinvestment zone for Concote Corporation. Concote will locate in the property owned by
Texas Dugan Limited Partnership at 600 Freeport Parkway. The abatement will be for Concote's business personal
property.
Staff recommends that City Council consider approval of the
designation of a reinvestment zone pursuant to Section 312.201 of the
Property Redevelopment and Tax Abatement Act.
!Concote PH - 1 AR
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 8th day of December,
2009, at 7:30 P.M., to consider designation of the property
described as Block A, Lot 4, Duke Freeport Addition (26.659
acres), located north of Bethel Road, east of Freeport Parkway,
Coppell, Texas, Texas Dugan, L.P., as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate November 27, 2009
PUBLIC NOTICE 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).
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
December 8, 2009
10
✔
ORDINANCE
Consider approval of an Ordinance designating Concote Corporation, Reinvestment Zone No. 61, and authorizing the
Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on November
27, 2009. Reinvestment Zone No. 61 will be designated for Concote Corporation for their business personal property
abatement. The real property where Concote Corporation will locate is owned by Texas Dugan, L.P.
Staff recommends City Council approve the Ordinance designating
Concote Corporation Reinvestment Zone No. 61 and authorize the
Mayor to sign.
!Concote Ord - 1 AR
1 39906
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 61 (CONCOTE CORPORATION);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1: That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further 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 the expiration of a tax abatement
agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 61 CONCOTE CORPORATION).”
2 39906
SECTION 3. That the property within Reinvestment Zone No. 61 is eligible for
commercial-industrial tax abatement effective on January 1, 2009.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, 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 invalid or
unconstitutional.
SECTION 5. That all provisions 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 6. This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2009.
APPROVED:
JAYNE PETERS, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS/tlo; 11/23/09; 39906)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
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
December 8, 2009
11
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Concote
Corporation, and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 8, 2009. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement request on August 5, 2009. Concote will be leasing approximately 150,000 square feet at 600
Freeport Parkway. The terms of this agreement will be a 75% abatement on business personal property for a period of
5 years.
Staff recommends City Council approve the Tax Abatement
Agreement between the City of Coppell and Concote Corporation
and authorize the Mayor to sign it.
!Concote Res - 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 CONCOTE CORPORATION,
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 Concote 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 improvements proposed to be built upon the
Premises 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 improvements and tangible personal property proposed for the
Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas.
2
SECTION 5. The City Manager has delivered to the presiding officer of the governing
body of each taxing unit in which the property the subject of this 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
JAYNE PETERS, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM
CITY ATTORNEY
(PGS/tlo; 10/15/09; 39901)
Coppell/Concote Corporation Tax Abatement Agreement –Page 1 40732
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 Concote Corporation, 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. 61 (the “Zone”)
for the real property described in Exhibit “A” (the “Land”), 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, Lessee has or intends to lease approximately 144,000 square feet of office and
light manufacturing space (the “Improvements”) in the existing building located at 600 Freeport
Parkway, known as Freeport IX for a period of at least fifteen (15) years (hereinafter defined as the
“Lease”), and intends to 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 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 the Tax Abatement Guidelines, the Ordinance
adopted by the City, the Tax Code and all other applicable laws; and
Coppell/Concote Corporation Tax Abatement Agreement –Page 2 40732
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:
“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.
“Effective Date” shall mean the last date of execution of this Agreement.
“First Year of Abatement” shall mean January 1, 2011.
“Second Year of Abatement” shall mean January 1 of the calendar year immediately
following the First Year of Abatement.
“Third Year of Abatement” shall mean January 1 of the calendar year immediately
following the Second Year of Abatement.
“Fourth and Fifth Years of Abatement” shall mean January 1 of the two calendar years
immediately following the Third Year of Abatement.
“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
Coppell/Concote Corporation Tax Abatement Agreement –Page 3 40732
acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
“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 mean the approximate 144,000 square feet of office and light
manufacturing space in the existing building known as Freeport IX located at 600 Freeport
Parkway, Coppell, Texas.
“Land” means the real property described in Exhibit “A”.
“Lease” shall mean the lease of the Improvements by Lessee for a period of not less than
fifteen (15) 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 Concote Corporation, a Texas corporation.
“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 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.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
Coppell/Concote Corporation Tax Abatement Agreement –Page 4 40732
2.4 The Premises and Tangible Personal Property 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: (i) the Taxable
Value of the Tangible Personal Property is at least $3,800,000.00 as of the First Year of Abatement;
(ii) the Taxable Value of the Tangible Personal Property is at least $3,000,000.00 as of January 1 of
the Second Year of Abatement; (iii) the Taxable Value of the Tangible Personal Property is at least
$2,500,000.00 as of January 1 of the Third Year of Abatement; (iv) and the Taxable Value of the
Tangible Personal Property is at least $2,000,000.00 as of January 1 of the Fourth and Fifth Years of
Abatement, the City hereby grants Lessee an abatement of seventy-five percent (75%) 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 beginning with the first year of Tax Abatement.
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.
3.5 The Lessee agrees to locate and maintain Tangible Personal Property at the
Improvements with a Taxable Value as set forth in Section 3.2 above.
Coppell/Concote Corporation Tax Abatement Agreement –Page 5 40732
Article IV
Improvements
4.1 Nothing in this Agreement obligates the Lessee to enter into the Lease and/or
occupy the Improvements, 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 January 1, 2010. Lessee agrees
and covenants to continuously lease (or own) and occupy the Improvements for a period of at least
five (5) years commencing within ninety (90) days of the Lease Inception Date in accordance with
the terms of the Lease Agreement between Lessee and Texas Dugan Limited Partnership, as Lessor,
subject to Force Majeure.
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 Lessee’s occupancy of the Improvements to inspect the Improvements at reasonable times
and with reasonable notice to Lessee, and in accordance with Lessee’s visitor access and security
policies, in order to insure that the 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, subject to Force Majeure,
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) suffers an event of
“Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement
which is not otherwise cured within the applicable cure period, 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
Coppell/Concote Corporation Tax Abatement Agreement –Page 6 40732
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, as set forth in Section 5.1 above,
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 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:
Coppell/Concote Corporation Tax Abatement Agreement –Page 7 40732
If intended for Lessee, to:
Attn: Barry Taylor
Concote Corporation
6120 Peeler Street
Dallas, Texas 75235
214.956.0848-fax
214.956.0055-phone
With copy to:
Stephen R. Bishop, Esq.
Glast, Phillips & Murray, P.C.
2200 One Galleria Tower
13355 Noel Road, L.B. 48
Dallas, Texas 75240-1518
972-419-8329-fax
972-419-8300-phone
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
972.304.3673-fax
972.304.3677-phone
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
214.965.0010-fax
214.965.9900-phone
Coppell/Concote Corporation Tax Abatement Agreement –Page 8 40732
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 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
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.
8.10 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 December 31, 2009.
8.11 Employment of Undocumented Workers. During the term of this Agreement, the
Lessee agrees not to knowingly employ any undocumented workers and if convicted, by a final
non-appealable conviction, of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall
repay the taxes abated herein as of the date of such final non-appealable conviction within 120
business days after the date the Lessee is notified by the City of such final non-appealable
conviction, plus interest at the rate of 6% compounded annually from the date of such final non-
appealable conviction until paid.
Coppell/Concote Corporation Tax Abatement Agreement –Page 9 40732
8.12 Right of Offset. The City may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the
Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or
otherwise and regardless of whether or not the debt due the City has been reduced to judgment
by a court.
(signature page to follow)
Coppell/Concote Corporation Tax Abatement Agreement –Page 10 40732
EXECUTED in duplicate originals the ____ day of _______________, 2009.
CITY OF COPPELL, TEXAS
By: ______________________________________
Jayne Peters, Mayor
Attest:
By: _______________________________________
Libby Ball, City Secretary
Agreed as to Form:
By:_______________________________
Peter G. Smith, City Attorney
EXECUTED in duplicate originals the ____ day of _______________, 2009.
CONCOTE CORPORATION
By:_______________________________________
Name: ____________________________________
Title: ____________________________________
Coppell/Concote Corporation Tax Abatement Agreement –Page 11 40732
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged Before Me on the ____ day of _____________, 2009,
By Jayne Peters, the Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Lessee’s Acknowledgment
State of ___________ §
§
County of ________ §
This instrument was acknowledged before me on the ___ day of _____________, 2009,
by _______________________ the ____________________ of Concote Corporation, a Texas
corporation, on behalf of said company.
___________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Coppell/Concote Corporation Tax Abatement Agreement –Page 12 40732
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:
PLANNING
December 8, 2009
12
✔
PUBLIC HEARING
Consider approval of Case No. PD-244-TH-2, Willow Park, a zoning change request from C (Commercial) to
PD-244-TH-2 (Planned Development-244-Townhouse-2) to allow 24 detached townhouse units and to amend the Land
Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential –
Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of
Coppell Road.
The following P & Z conditions remain outstanding:
1. Insure the storm drain extends to the creek area and place the headwall on piers; use grouted rock riprap at the
outfall.
2. Install a manhole at the dead end of the sewer line.
3. There may be additional comments during Engineering Plan review.
On October 15, 2009, the Planning Commission unanimously
recommended approval of this ZONING CHANGE subject to the
above-stated conditions (5-0). Commissioners, Tankersley, Frnka,
Sangerhausen, Duncan and Kittrell voted in favor, none opposed.
On November 10, 2009, City Council opened and continued the
public hearing to December 8, 2009 at the applicant's request (7-0).
The above-stated conditions are to be addressed before Council
approval.
Staff recommends APPROVAL.
@01 PD-244-TH-2, WP-1 AR
ITEM # 9
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-244-TH-2, Willow Park
P&Z HEARING DATE: October 15, 2009
C.C. HEARING DATE: November 10, 2009
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: East of S.H. 121 along the north side of Coppell Road
SIZE OF AREA: 3.8104 acres of property
CURRENT ZONING: C (Commercial)
REQUEST: A zoning change to PD-244-TH-2 (Planned Development-
244-Townhouse-2), to allow 24 detached townhouse units
and to amend the Land Use Plan of the 1996
Comprehensive Plan from Freeway Commercial and Light
Industrial/Showroom to Residential – Medium Density.
APPLICANT: Owner : Applicant:
TFW Enterprises Jason Rose, Architect
P.O.Box 440 566 Mobley Way
Coppell, TX. 75019 Coppell, TX. 75019
(972) 350-9800 (214) 454-7895
Fax: (972) 888-9966 Fax: (972) 534-1850
HISTORY: This parcel is the former site of a mobile home park which
was vacated when Verizon constructed a mid-rise office
building just south of this request in the late 90’s. In April of
2004, a request for a Special Use Permit to allow a miniature
golf course, batting cages, and ancillary uses (indoor
amusement and food service) on 5.87 acres of property was
approved by Planning Commission. In May, the case was
approved by City Council, but the project was never
constructed.
ITEM # 9
Page 2 of 4
TRANSPORTATION: Coppell Road is an improved, two-lane, concrete roadway
classified as a C2U contained within a 50 to 60 foot right-of-
way.
SURROUNDING LAND USE & ZONING:
North-Vacant, flood plain; “C”, (Commercial)
South- Five-story office building; PD-171-HC (Planned Development
for Highway Commercial uses (office))
East- Vacant flood plain; PD-160-FP (Planned Development for
apartment use with Flood Plain overlay)
West- State Highway 121; “A” Agriculture
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended,
shows the property as suitable for freeway
commercial and light industrial/showroom uses.
DISCUSSION: In this residential development proposal, the units are
proposed to be located on roughly 35-45-foot wide lots,
contain 20-foot front yard setbacks, five-foot side yards, 20-
foot rears, minimum unit square footages of 1200 square
feet for single story (if any) and 1500 square feet for two-
story units, rolled curbs, front entry garages—very similar to
what this developer constructed in Lost Creek. There are
three letters contained within your zoning information packet
submitted by current owners of homes in Rose’s Lost Creek
subdivision endorsing this request. For the most part, staff
can support this proposal and the attendant Comprehensive
Plan amendment to change land use from freeway
commercial and light industrial to residential use on this
parcel. There are several conditions which must be met.
They are listed in the staff recommendations portion of this
report. In addition, resolution regarding the location of the
sidewalk as it ends at each cul-de-sac needs to be
determined. The applicant feels sidewalks can end at the
parking bays. Some staff members felt the sidewalks
needed to extend around the bays. Because this parking is
on a short cul-de-sac, traffic volume will be minimal, there is
not a through street in the project, there are rolled curbs, and
there are only 12 houses located on the cul, staff defers to
the wishes of the Planning Commission. If you recommend
the sidewalks continue beyond the parking spaces, some
revision to the landscape plan will be needed to locate the
ITEM # 9
Page 3 of 4
sidewalk in common space. The applicant prefers to not
extend the sidewalks; staff is ambivalent and leaves it to the
discretion of the Commission. However, whatever direction
the Commission elects to take, the sidewalk does need to be
extended to the edge of the parking bay in Phase II.
A final comment relates to the D/FW Airport over-flight issue.
Although planes will typically be anywhere from 2100-4600
feet above this site during take-off (the only time noise
concerns might affect residents) it is doubtful any irritating
noise will be heard. However, as is our custom, we
recommend the “hold harmless” statement be placed upon
the subdivision plat for this development. That condition is a
part of the subdivision review case to be heard after this
zoning hearing.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of an amendment to the Comprehensive Master
Plan changing land use on this parcel from freeway commercial and light industrial
to residential, medium density. Further, staff recommends APPROVAL of the zoning
change to PD subject to the following conditions:
1. Buildable areas of Lots 5, 12, and 20 need to be outside the
utility easement.
2. Show and label dimensions of concrete paver bands on
Landscape Plan.
3. Remove from Site Data Table: Permeable Area number; 5 foot
minimum building separation; 6 maximum units/building.
4. Insure the storm drain extends to the creek area and place the
headwall on piers; use grouted rock riprap at the outfall.
5. Install a manhole at the dead end of the sewer line.
6. There may be additional comments during Engineering Plan
review.
7. Explain how monument signs will be maintained as they are
located on private property.
8. Connect the sidewalk in Phase II to the back of the parking bay.
9. Determine whether the sidewalks should be extended.
10. Submit a draft HOA agreement to be reviewed by the city
attorney.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
ITEM # 9
Page 4 of 4
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Willow Park Graphics Package (12 pages)
2. Site Plan
3. Landscape Plan
4. Letters of Support (3)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 8, 2009
13
✔
PRESENTATION
Consider approval of the Willow Park, Preliminary Plat, to establish the street and lot layout for 24 townhouse lots on
3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road.
The following P & Z conditions remain outstanding:
1. Insure the storm drain extends to the creek area and place the headwall on piers; use grouted rock riprap at the
outfall.
2. Install a manhole at the dead end of the sewer line.
3. There may be additional comments during the Engineering Plan review.
4. Establish street names for proposed cul-de-sacs.
On October 15, 2009, the Planning Commission unanimously
recommended approval of this PRELIMINARY PLAT subject to the
above-stated conditions (5-0). Commissioners, Tankersley, Frnka,
Sangerhausen, Duncan and Kittrell voted in favor, none opposed.
Staff recommends APPROVAL.
@02 Willow Park, PP-1 AR
ITEM # 10
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Willow Park, Preliminary Plat
P&Z HEARING DATE: October 15, 2009
C.C. HEARING DATE: November 10, 2009
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: East of S.H. 121, north side of Coppell Road
SIZE OF AREA: 3.8104 acres of property
CURRENT ZONING: C (Commercial)
REQUEST: A Preliminary Plat, to establish the street and lot layout for a
24-lot single-family residential subdivision.
APPLICANT: Owner: Applicant:
TFW Enterprises Jason Rose, Architect
P. O. Box 440 566 Mobley Way
Coppell, TX. 75019 Coppell, TX. 75019
(972) 350-9800 (214) 454-7895
Fax: (972) 888-9966 Fax: (972) 534-1850
Engineer: Surveyor:
Oracle Engineering, LLC Piburn & Partners, LLC
Matt Kostial John Piburn
7012 Lindsley Avenue 9535 Forest Lane
Dallas, TX. 75223 Suite 229
(214) 321-1436 Dallas, TX. 75243
Fax: (214) 321-1436 (214) 328-3500
Fax: (214) 328-3512
HISTORY: This vacant parcel is the former site of a mobile home park
which was vacated when Verizon constructed a mid-rise
office building just south of this request in the late 90‘s. In
ITEM # 10
Page 2 of 3
April of 2004 a request for a Special Use Permit to allow a
miniature golf course, batting cages, and ancillary uses
(indoor amusement and food service) on 5.87 acres of
property was approved by the Planning Commission. In May
the case was approved by City Council, but the project was
never constructed.
TRANSPORTATION: Coppell Road is an improved, two-lane, concrete roadway
classified as a C2U, contained within a 50-60 foot right-of-way.
SURROUNDING LAND USE & ZONING:
North-Vacant, flood plain; “C”, Commercial
South- Five-story office building: HC-PD-171 (Planned Development
for Highway Commercial uses (office))
East- Vacant flood plain: PD-160-FP (planned Development for
apartment use with Flood Plain overlay)
West- State Highway 121: “A” Agriculture
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended,
shows the property as suitable for freeway
commercial and light industrial/showroom uses.
DISCUSSION: This is the Preliminary Plat submission for Willow Park, a 24-
lot, residential, single-family subdivision on 3.8 acres of
property. For the most part, this plat meets our subdivision
regulations. There are a number of conditions that need to
be addressed before the plat is ready for final submission,
and they are listed below. Because of the proximity to
D/FW Airport, there is a common statement that needs to be
provided on the face of the plat that has been recommended
by the airport staff. This statement appears on subdivision
plats that have potential of being affected by the flight of
aircraft in and out of D/FW.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this preliminary plat with the following
conditions:
1. Insure the storm drain extends to the creek area and place the
headwall on piers; use grouted rock riprap at the outfall.
2. Install a manhole at the dead end of the sewer line.
ITEM # 10
Page 3 of 3
3. There may be additional comments during the Engineering Plan
review
4. The drainage easements should extend to the right-of-way on
Lot 1X.
5. Parking should not be included in the right-of-way; it should be
an extension of the X lots.
6. The drainage and floodway easement in lot 3X should be
maintained by the HOA.
7. Include the following statement on the face of the plat:
“Because of the proximity of DFW Airport to the Willow
Park subdivision, purchasers of lots are hereby notified
that there may be occurrences of ambient aircraft noise
due to aircraft over flights”
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
ATTACHMENTS:
1. Preliminary Plat document
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 8, 2009
14
✔
PUBLIC HEARING
Consider approval of Case No. PD-236R-SF-12, Bethel Road Manor, a zoning change request from PD-236-SF-12
(Planned Development-236-Single Family-12) to PD-236R-SF-12 (Planned Development-236 Revised-Single Family-12)
amending the Detail Site Plan to allow the construction of a 735-square-foot cabana (containing a 90-square-foot air
conditioned bathroom and outdoor living and kitchen areas), an arbor structure, an in-ground pool in the rear yard of
the property; relocating a decorative screening wall with gates along the front property line, adding a guard rail to
the culvert and construction of stone veneer facing to the existing headwall and culverts on 2.78 acres of property
located on the north side of Bethel Road, known as 234 W. Bethel Road.
The following P&Z conditions remain outstanding:
1. Cabana, arbor/trellis, pool, and screening wall will require building permits prior to construction.
2. A flood plain development permit will be required for the gate and the stone facing of the culvert.
3. No dirt work will be allowed in the flood plain.
On November 19, 2009, the Planning Commission unanimously
recommended approval of this ZONING CHANGE subject to the
above-stated conditions (5-0). Commissioners Jett, Haas,
Sangerhausen, Duncan and Tankersley voted in favor, none opposed.
Staff recommends APPROVAL.
@03 PD-236R-SF-12, BRM-1 AR
ITEM #4
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-236R-SF-12, Bethel Road Manor
P&Z HEARING DATE: November 19, 2009
C.C. HEARING DATE: December 8, 2009
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: 234 W. Bethel Road
SIZE OF AREA: 2.78 acres of property
CURRENT ZONING: PD-236-SF-12 (Planned Development-236-Single Family-12)
REQUEST: A zoning change to PD-236R-SF-12 (Planned Development-
236 Revised-Single Family-12) amending the Detail Site Plan
to allow the construction of a 735-square-foot cabana
(containing a 90-square-foot air conditioned bathroom and
outdoor living and kitchen areas), an arbor structure, an in-
ground pool in the rear yard of the property; relocating a
decorative screening wall with gates along the front property
line, adding a guard rail to the culvert, and construction of stone
veneer facing to the existing headwall and culverts.
APPLICANT: Owner:
Phil & Tonna Berkebile
752 Lexington Avenue
Coppell, Texas 75019
(972) 898-5689
Fax: (972) 462-7530
Architect: Landscape Architect:
C. A. Nelson, Architects Harold Leidner Company
14881 Quorum Dr., Ste 310 1601 Surveyor Blvd.
Dallas, TX. 75254 Carrollton, TX. 75006
(972) 248-1905 (972) 418-5244
Fax: (972) 248-1794 Fax: (972) 416-2534
ITEM #4
Page 2 of 3
HISTORY: In June, 2003 Council amended the Land Use map of the 1996
Comprehensive Master Plan on approximately 16.5 acres of
property and changed the use from Neighborhood Retail to
Residential Low Density which included this property and the
property to the east (now developed as Alexander Court). Also
considered at that public hearing was a Planning and Zoning
Commission initiated rezoning of this area from “C” Commercial
to “SF-12”, Single Family-12. The former owner of the western
portion of this property (Ruby McDowell) agreed to the
rezoning. However, the owner of the eastern property
requested that her parcel not be rezoned to residential at that
time, but retain its “C” Commercial zoning designation. That
property was eventually purchased by Mr. John Hawkins and
rezoned to a Planned Development District allowing 26 single-
family homes. The property in this application is immediately
west of the Hawkins parcel (The Alexander Court subdivision)
and was rezoned to a Planned Development District in
November of 2008 from Commercial (C) and Single-Family 12
(SF-12) for a variety of reasons including the elimination of the
normally required alley and a reduced side yard on the western
property line resulting in an 8 foot side yard.
TRANSPORTATION: Bethel Road is currently a two-lane, asphalt road. It is projected
to have a variable width right-of way with a 28 foot concrete
roadway. Based upon current projections, the road is scheduled
for construction no sooner than the early part of 2010.
SURROUNDING LAND USE & ZONING:
North-Single-family homes; SF-12 and PD-119-SF9
South- Single-family homes; PD-108R2 (The Reserve)
East- Developing single-family lots; PD-220R (Alexander Court)
West-Undeveloped lot; SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended in
2003, shows the property as suitable for Residential Low
Density uses.
DISCUSSION: This is a fairly uncomplicated request as the applicant is
requesting to amend the existing Planned Development to
construct a swimming pool, cabana, and trellis structure behind
the main residential home. These improvements were
conceptually shown on the original PD, but the residence
ITEM #4
Page 3 of 3
location has been modified and additional detail has been
provided for the other improvements. Specifically, the footprint
of the home has been modified to give it more street image,
and is slightly smaller in size. The entrance gates have been
moved to the south side of the bridge, closer to Bethel Road,
and vary in height from 9 feet at the gate entrance to 4 feet at
the edge of the bridge (culvert) structure. Stone veneer has
been added to the headwall and culverts to improve the overall
appearance of the project. The cabana will contain 735 square
feet of building, the pool will vary in depth from 3.5 to 8.5 feet,
and the arbor/trellis structure is to be 12 feet high and 26 feet
long, 14 feet wide. Detailed drawings of the finished products
are included with this application and are architecturally
compatible with the residence, currently under construction.
There are only minor alterations that need to be made to gain
staff approval. The applicant has been made aware of them
and they are included here primarily for information purposes.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request with the following conditions:
1. Cabana, arbor//trellis, pool, and screening wall will require building
permits prior to construction.
2. A flood plain development permit will be required for the gate and
the stone facing of the culvert.
3. No dirt work will be allowed in the flood plain.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan
2. Elevations of walls shown on Site Plan
3. Cabana/Trellis Plan
4. Cabana/Trellis Elevations
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 8, 2009
15
✔
PUBLIC HEARING
Consider approval of the St. Andrews Estates, Lot 19R, Block 1, Replat, being a replat of Lots 19 and 20 of St. Andrews
Estates, into one lot to allow the construction of one single-family home on 26,235 square feet of land located at the
southwest corner of Inglenook Court and Stonewick Lane.
No conditions.
On November 19, 2009, the Planning Commission unanimously
recommended approval of this REPLAT (5-0). Commissioners Jett,
Haas, Sangerhausen, Duncan and Tankersley voted in favor, none
opposed.
Staff recommends APPROVAL.
@04 St. Andrews, RP-1 AR
ITEM # 5
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
St. Andrews Estates, Lot 19R, Block 1, Replat
P&Z HEARING DATE: November 19, 2009
C.C. HEARING DATE: December 8, 2009
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: SWC of Inglenook Court and Stonewick Lane
SIZE OF AREA: 26,235 square feet of land
CURRENT ZONING: SF-12 (Single Family-12)
REQUEST: A replat of Lots 19 and 20 of St. Andrews Estates, into one lot
to allow the construction of one single-family home.
APPLICANT: The Holmes Builders, Terry Holmes
1445 MacArthur Drive # 200
Carrollton, Texas 75007
(972) 242-1770
FAX: (972) 242-2931
HISTORY: Prior to this residential development, the subject 10-acre tract of
land was the site of the City of Coppell’s Service Center and was
zoned Agricultural. In 2000, the Planning and Zoning
Commission called a public hearing to determine the proper
zoning for this tract. Council approved a Single Family-12 District.
In January 2004, Council approved the Final Plat for a 23-lot
single family subdivision. Since that time 12 homes have been
constructed.
On November 10, 2009 Council approved a similar request to
replat two lots into one on the property abutting to the south of
the subject property.
ITEM # 5
Page 2 of 2
TRANSPORTATION: DeForest Road is an unimproved asphalt road contained within a
variable width right-of-way ranging from 50 to 57 feet. It is
planned to eventually be a 28-foot wide concrete street with the
same right-of-way. Inglenook is a residential street built within 50
feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North - single-family residences: SF-12
South – vacant residential lot; SF-12
East - vacant residential lot; SF-12
West - single-family residences: SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows the
property as Residential Medium Density.
DISCUSSION: As stated in the HISTORY section, the platting of this property
was approved in January 2004, for a 23-lot residential
subdivision. Similar to the request granted by Council on
November 10th on lots abutting to the south, the applicant is
proposing to combine two lots into one and build one large
residence. Based on the SF-12 District regulations, side yards
are required to be 10% of the lot width, therefore 19’ side yards
will be required. The platted front building line will remain at 30
feet and rear at 20 feet, which will still provide a sufficient
building pad area to accommodate a substantial sized home on
this half-acre lot. The plat meets all technical requirements of
the subdivision ordinance, and no opposition as been received
from the property owners within 200 feet, within the original
subdivision. Therefore, staff recommends approval.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Lot 19R, Block 1, St. Andrews Replat with no
outstanding conditions.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
ATTACHMENTS:
1. Replat
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 8, 2009
16
✔
PUBLIC HEARING
Consider approval of the Bethel Road Estates, Lot 2R, Block 1, Replat, being a replat of Lot 2, Block 1, of Bethel Road
Estates to relocate the platted 100-year flood plain line on 2.348 acres of property located at 256 West Bethel Road.
The following P&Z conditions remain outstanding:
1. The plat not being filed for record until the LOMA is received and the approval date is noted on the plat.
2. The designations of the flood plain lines (proposed/existing) being revised to reflect the new 100-year flood plain.
On November 19, 2009, the Planning Commission unanimously
recommended approval of this REPLAT subject to the above-stated
conditions (5-0). Commissioners Jett, Haas, Sangerhausen, Duncan
and Tankersley voted in favor, none opposed.
Staff recommends APPROVAL.
@05 Bethel Rd Est, L2R, B1, RP-1 AR
ITEM #6
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Bethel Road Estates, Lot 2R, Block 1, Replat
P&Z HEARING DATE: November 19, 2009
C.C. HEARING DATE: December 8, 2009
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: 256 W. Bethel Road
SIZE OF AREA: 2.348 acres of property
CURRENT ZONING: PD-181R2-SF-12 (Planned Development-181, Revision 2-Single
Family-12)
REQUEST: A replat of Lot 2, Block 1 of Bethel Road Estates to relocate the
platted 100-year flood plain line.
APPLICANT: Terry Holmes
THBGP, Inc. dba The Holmes Builders
1445 MacArthur Drive, Suite 200
Carrollton, TX. 75007
(972) 242-1770
Fax: (972) 242-2931
HISTORY: This property was part of a rezoning from C to PD-SF-12 in early
2000. The zoning that was granted allowed two residential lots to
be developed on the property. Lot 1, subsequently rezoned to PD-
181R-SF-12 to allow for a stucco home, has been constructed. In
September of this year Council approved an amendment to the
Planned Development District to allow stucco on the subject
property as well as a second residence (casita) subject to it not
ITEM #6
Page 2 of 3
containing kitchen facilities. This approval was also subject to a
replat being approved prior to the issuance of a building permit for a
home on this lot due to its encroachment on the existing FEMA
defined 100-year flood plain line.
TRANSPORTATION: Bethel Road is currently a two-lane, asphalt road. It is projected to
have a variable width right-of-way containing a 28-foot-wide
concrete roadway. Based upon current projections, the road is
scheduled for construction no sooner than January 2010.
SURROUNDING LAND USE & ZONING:
North - Single-family residential (Big Cedar): PD-119-SF-9 (Planned
Development-119-Single Family-9)
South - Single-family residential (The Reserve); PD-108R2-SF-9 (Planned
Development-108-Revision 2-Single Family-9)
East -Single-family residence (Bethel Road Manor); PD-236-SF-12
(Planned Development-236-Single Family-12)
West - Single-family residence (Lot 1, Bethel Road Estates); PD-181R-SF-
12(Planned Development-181-Revised-Single Family-12)
COMPREHENSIVE PLAN: The Comprehensive Master Plan, as amended in 2003, shows
this property as suitable for Residential Low Density. development
DISCUSSION: The purpose of this replat is to reflect a revised flood plain line as
submitted to FEMA on September 10, 2009. It is anticipated that
the relocated flood plain line will be administratively approved as a
LOMA (Letter of Map Amendment) and no additional flood plain
studies will be required.
Once the new 100-year flood plain line is established, the amount
of developable land will be increased allowing the home to be
constructed as shown on the detail site plan for PD-181R-SF-12 as
approved by Council in September of this year.
Per state law, this residential replat requires notification of property
owners within 200 feet, within the original subdivision. A total of
two notices were sent out, and neither were returned in opposition,
therefore, staff recommends approval, subject to the replat not
being filed for record until the LOMA is received from FEMA and
the approval date is noted on the plat.
ITEM #6
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Bethel Road Estates, Lot 2R,
Lot 1, Replat subject to the following conditions:
1. The plat not being filed for record until the LOMA is received
and the approval date is noted on the plat.
2. The designations of the flood plain lines (proposed/existing)
being revised to reflect the new 100-year flood plain.
3. Correction of minor drafting errors (spelling of “Instrument”
and correcting PD-181-R2)
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
ATTACHMENTS:
1. Replat
AGENDA REQUEST FORM DATE: December 8, 2009
ITEM #: 17
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
AGENDA REQUEST FORM DATE: December 8, 2009
ITEM #: 18
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Peters regarding Make a Child Smile.
C. Report by Councilmember Franklin regarding National League of Cities and Future
Retail Opportunities.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM DATE: December 8, 2009
ITEM #: 19
PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF
COMMUNITY INTEREST AND NO COUNCIL ACTION OR
DELIBERATION IS PERMITTED
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: December 8, 2009
ITEM #: 20
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters and Hunt.
E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau
F. Metrocrest Hospital Authority – Councilmember Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
J. North Texas Council of Governments – Tunnell.
K. NTCOG/Regional Emergency Management – Faught.
L. North Texas Commission – Hunt.
M. Senior Adult Services – Franklin.
Agenda Request Form - Revised 11/09 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: December 8, 2009
ITEM #: 21
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: December 8, 2009
ITEM #: 22
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: December 8, 2009
Department Submissions:
Item Nos. 8/B and 8/C were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item Nos. 8/D, 8/E, 8/F, 12, 13, 14, 15 and 16 were placed on the
Agenda for the above-referenced City Council meeting by the Planning
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Planning Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)