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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. ag120809 Page 1 of 6 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. ag120809 Page 2 of 6 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. ag120809 Page 3 of 6 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 ag120809 Page 4 of 6 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 ag120809 Page 5 of 6 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 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). ag120809 Page 6 of 6 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. cm111009 Page 1 of 15 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. cm111009 Page 2 of 15 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. cm111009 Page 3 of 15 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 cm111009 Page 4 of 15 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 cm111009 Page 5 of 15 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. cm111009 Page 6 of 15 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. cm111009 Page 7 of 15 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 cm111009 Page 8 of 15 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)