CP 2010-04-13
NOTICE OF CITY COUNCIL MEETING AND AGENDA
APRIL 13, 2010
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, April 13, 2010, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.072, Texas Government Code – Deliberation regarding
Real Property.
1. Discussion regarding Northlake Property.
2. South of W. Bethel Road and east of S. Coppell Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding closing of Sandy Lake Road/Denton Tap
Intersection.
B. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Consider approval of a proclamation naming April 24, 2010 as Arbor Day
and authorizing the Mayor to sign.
8. Consider approval of a proclamation naming Wednesday, April 21, 2010
as Administrative Professionals Day, and authorizing the Mayor to sign.
9. Citizens' Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 23, 2010.
B. Consider approval of an amendment to the Purchase Agreement
with Pacific Realty Associates, L.P. (PacTrust) and the City of
Coppell for the construction of Southwestern Boulevard from the
Denton Tap/Belt Line intersection to Coppell Road to include
reconstruction of a sewer line aerial crossing in the amount of
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ITEM # ITEM DESCRIPTION
$31,000; and authorizing the City Manager to sign and execute any
necessary documents.
C. Consider approval of Bid No. Q-0310-01 to Estes Inc., and Agrium
Advanced Technologies for annual contracts for the purchase of
fertilizer and chemicals as budgeted, and authorizing the City
Manager to sign.
D. Consider approval of an Ordinance for Case No. S-1197R-PD-133R2-
HC, Pizza Hut, a zoning change from S-1197-PD-133R2-HC (Special
Use Permit 1197-Planned Development-133 Revision 2-Highway
Commercial) to S-1197R-PD-133R2-HC (Special Use Permit-1197
Revised-Planned Development-133 Revision 2-Highway
Commercial), to allow a 964-square-foot restaurant (take-out and
delivery only) to be located at 651 N. Denton Tap Road, Suite #130
and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. S-1023R-R
Chevron, a zoning change from S-1023-R (Special Use Permit-1023-
Retail) to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to
allow a change in use of the existing 765-square-foot Car Wash
building to a State Vehicle Inspection Station on 0.7 acres of
property located at 101 E. Belt Line Road being the southeast
corner of S. Belt Line and E. Belt Line Roads and authorizing the
Mayor to sign.
END OF CONSENT
11. PUBLIC HEARING:
Consider approval of Case No. S-1251-SF-12, St. Andrews Estates, Lot 5,
Block 1, a zoning change request from SF-12 (Single Family-12) to S-1251-
SF-12 (Special Use Permit-1251-Single Family-12), to allow 100% stucco
finish in lieu of 80% masonry for the residence proposed to be constructed
on approximately 0.33 of an acre of property located at 620 Inglenook
Court.
12. PUBLIC HEARING:
Consider approval of Case No. S-1252-SF-12, St. Andrews Estates, Lot 19R,
Block 1, a zoning change request from SF-12 (Single Family-12) to S-1252-
SF-12 (Special Use Permit-1252-Single Family-12), to allow 100% stucco
finish in lieu of 80% masonry for the residence proposed to be constructed
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ITEM # ITEM DESCRIPTION
on approximately 0.6 of an acre of property located at 617 Inglenook
Court.
13. PUBLIC HEARING:
Consider approval of Case No. PD-171R2-HC, GTE Shared Services
Addition (STMicroelectronics), Lot 1R2, Block 1, a zoning change request
from PD-171R-HC (Planned Development-171 Revised-Highway
Commercial) to PD-171R2-HC (Planned Development-171 Revision 2-
Highway Commercial), to revise the Detail Site Plan to allow a 3,300-
square-foot screened mechanical yard along the southeast wall of the
existing building on approximately 13.7 acres of property located at the
southeast corner of S.H. 121 and Coppell Road at 750 Canyon Drive.
14. PUBLIC HEARING:
Consider approval of Case No. PD-222R5-LI, Duke Lesley Addition -
Samsung, Lot 2, Block A, a zoning change request from PD-222R3-LI
(Planned Development-222 Revision 3-Light Industrial) to PD-222R5-LI
(Planned Development-222 Revision 5-Light Industrial), to revise the Detail
Site Plan to allow additional fencing, two (2) guard houses, modification
of existing parking configuration, a new driveway location and two
compactors, one behind a screening wall 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 at 240 Dividend Drive.
15. PUBLIC HEARING:
Consider approval of a text amendment to the Code of Ordinances –
Chapter 12-Zoning, ARTICLE 33. SCREENING STANDARDS Sec. 12-33-1.6, to
revise to read as follows: “Refuse storage areas for all uses other than
single-family and duplex dwellings shall be visually screened by a six foot
high solid enclosure on all sides except the side used for garbage pickup
service, which shall have gates of solid screening material. These gates
shall remain closed at all times when not in use.”
16. Consider approval of a Resolution to close Sandy Lake Road at the
intersection of Denton Tap Road to a distance of 144 feet west and 316
feet east and reduce Denton Tap Road to one lane northbound and one
lane southbound for a period of up to 30 calendar days from the
beginning of work on replacement of the brick pavers; providing for a
penalty for road closure beyond 30 calendar days; providing for a
variable bonus award for completion and road re-opening in less than 30
calendar days; and authorizing the Mayor to sign and execute any
necessary documents.
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ITEM # ITEM DESCRIPTION
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 Earthfest to be held on April 24th
at Town Center Plaza from 10 a.m. until 2 p.m.
19. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
20. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Jayne Peters, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 9th day of April, 2010, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM
DATE: April 13, 2010
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Discussion regarding Northlake Property.
2. South of W. Bethel Road and east of S. Coppell Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: April 13, 2010
ITEM #: WS-3
WORK SESSION
A. Discussion regarding closing of Sandy Lake Road/Denton Tap Intersection.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
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:
Parks & Recreation
April 13, 2010
7
✔
PROCLAMATION
Consider approval of a proclamation naming April 24, 2010 as ARBOR DAY and authorizing the Mayor to sign.
Mayor to sign
^Arbor Day-1AR
PROCLAMATION
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting
of more than a million trees in Nebraska; and
WHEREAS, 2010 is the 138th anniversary of the holiday and Arbor Day is now
observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious top soil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air, produce
life-giving oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell, do hereby
proclaim April 24, 2010 as
0B"ARBOR DAY"
in the City of Coppell, and I urge all citizens to celebrate Arbor Day at the Clean Coppell
Earthfest and to support efforts to protect our trees and woodlands, and further I urge all
citizens to plant trees to gladden the heart and promote the well being of the future
generations.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ______day of April 2010.
________________________
Jayne Peters, Mayor
ATTEST:
____________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
April 13, 2010
8
✔
PROCLAMATION
Consider approval of a proclamation naming Wednesday, April 21, 2010 as ADMINISTRATIVE PROFESSIONALS DAY,
and authorizing the Mayor to sign.
Staff recommends approval
!Administrative Professional Day-1AR
PROCLAMATION
WHEREAS, Wednesday, April 21 is set aside to honor all Office Professionals in
conjunction with Administrative Professionals Week; and
WHEREAS, the city of Coppell is proud of the dedication and hard work of their
administrative staff; and
WHEREAS, the administrative staff is instrumental in keeping our City running
effectively and efficiently; and
WHEREAS, the City of Coppell extends special thanks to all the administrative
staff in the organization.
NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell, do hereby
proclaim Wednesday, April 21 as
"ADMINISTRATIVE PROFESSIONALS DAY"
in the city of Coppell, and encourage all Directors and Supervisors to recognize these
employees as the professionals they truly are.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this _____ day of April 2010.
____________________________
Jayne Peters, Mayor
ATTEST:
___________________________
Libby Ball, City Secretary
AGENDA REQUEST FORM
DATE: April 13, 2010
ITEM #: 9
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting
City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must
sign a register and list their residence address, provided by the City Secretary on a table outside the Council
Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or
special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals
during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be
extended for an additional two (2) minutes with the approval of a majority of the Council members present.
There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting.
Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they
have signed the provided register. No personal attacks by any speaker shall be made against any member of the
Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
April 13, 2010
10/A
✔
PROCEDURAL
Consider approval of minutes: March 23, 2010.
Minutes of the City Council meetings held on March 23, 2010.
Staff recommends approval.
%minutes
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MINUTES OF MARCH 23, 2010
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 23, 2010, 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
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember (late arrival)
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 551.072, Texas Government Code – Deliberation
regarding Real Property.
1. Discussion regarding Northlake Property.
2. South of W. Bethel Road and east of S. Coppell Road.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. South of W. Bethel Road and west of S. Coppell
Road.
Councilmember Tunnell arrived prior to convening Executive Session.
Mayor Peters convened into Executive Session at 5:49 p.m. as allowed under
the above-stated article. Mayor Peters adjourned the Executive Session at
7:01 p.m. and opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Council Retreat.
B. Discussion regarding the Communication Plan
C. Discussion regarding Video Productions.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Rod Collver, with Living Hope Church, led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Peters led those present in the Pledge of Allegiance.
7. Report by Keep Coppell Beautiful Board.
Presentation:
Craig Pritzlaff, Chair, made the Board’s semi-annual report.
8. Citizens' Appearances.
1) Kelly Revis, 926 Deforest Rd., spoke regarding equal playing time on
sport fields.
2) Greg Gifford, 601Gifford Ct., spoke regarding play time on sport fields.
9. Consider approval of minutes: March 9, 2010.
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Action:
Councilmember Tunnell moved to approve the minutes of March 9, 2010.
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.
10. PUBLIC HEARING:
Consider approval of Case No. S-1023R-R Chevron, zoning
change request from S-1023-R (Special Use Permit-1023-Retail)
to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to
allow a change in use of the existing 765-square-foot Car Wash
building to a State Vehicle Inspection Station on 0.7 acres of
property located at 101 E. Belt Line Road being the southeast
corner of S. Belt Line and E. Belt Line Roads.
Presentation:
Gary Sieb, Director of Planning, made a presentation the Council.
Nasim Shakeeb, applicant, addressed Council.
Public Hearing:
The Public Hearing remains open from the meeting on March 9, 2010.
Mayor Peters advised no one signed up to speak.
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve Case No. S-1023R-R Chevron, zoning change request from
S-1023-R (Special Use Permit-1023-Retail) to S-1023R-Retail (Special
Use Permit-1023-Revised Retail), to allow a change in use of the existing
765-square-foot Car Wash building to a State Vehicle Inspection Station
on 0.7 acres of property located at 101 E. Belt Line Road being the
southeast corner of S. Belt Line and E. Belt Line Roads, subject to the
following conditions:
1) The landscaping is to be in compliance with the approved
landscape plan prior to the issuance of a Final Certificate of
Occupancy.
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Councilmember Faught seconded the motion; the motion carried 7-0
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the
motion.
11. Consider approval of an Ordinance amending the Code of
Ordinances for the City of Coppell Chapter 12, Article 35,
“Accessory Structures Regulations”, by adding Section 12-35-
4, “Wind Energy Systems”, to prohibit Wind Energy Systems
within the City Limits; and, amending Article 42. “Special
Definitions”, Section 12-42-1, by adding a definition for Wind
Energy System/Wind Turbine and authorizing the Mayor to
sign.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Faught moved to approve Ordinance No.
91500-A-544 amending the Code of Ordinances for the City of Coppell
Chapter 12, Article 35, “Accessory Structures Regulations”, by adding
Section 12-35-4, “Wind Energy Systems”, to prohibit Wind Energy
Systems within the City Limits; and, amending Article 42. “Special
Definitions”, Section 12-42-1, by adding a definition for Wind Energy
System/Wind Turbine and authorizing the Mayor to sign.
Councilmember Mahalik seconded the motion; the motion carried 5-2
with Mayor Pro Tem Hunt and Councilmembers Mahalik, Tunnell,
Faught and Franklin voting in favor of the motion and Councilmembers
Brancheau and Hinojosa-Flores voting against the motion.
12. PUBLIC HEARING:
Consider approval of an ordinance of the City of Coppell,
Texas, Repealing Chapter 9 Article 9-19 "Youth Program
Standards" in its entirety and adding a new Section 9, Article
9-19, "Youth Camp Program Standards of Care”; and
authorizing the Mayor to sign.
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Presentation:
Ester Moreno, Parks and Recreation Manager, made a presentation to
Council.
Action:
Councilmember Franklin moved to close the Public Hearing and approve
Ordinance No. 2010-1248 of the City of Coppell, Texas, Repealing
Chapter 9 Article 9-19 "Youth Program Standards" in its entirety and
adding a new Section 9, Article 9-19, "Youth Camp Program Standards of
Care”; 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.
13. Consider the approval of an ordinance establishing the city
seal, logo and associated icons and typography as the official
brand/logo for the City of Coppell, establishing the authorized
and unauthorized use of the city logo, and authorizing the
Mayor to sign.
Presentation:
Sharon Logan, Community Information Officer, made a presentation to
the Council.
Action:
Councilmember Hinojosa-Flores moved to approve Ordinance No.
2010-1249 establishing the city seal, logo and associated icons and
typography as the official brand/logo for the City of Coppell, establishing
the authorized and unauthorized use of the city logo, 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.
14. Consider approval of an economic agreement between the City
of Coppell and the Coppell Economic Development Foundation,
Inc. for restoration of the Kirkland House in an amount not to
exceed $85,000 and authorizing the Mayor to sign.
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Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to the Council.
Action:
Councilmember Franklin moved to approve an economic agreement
between the City of Coppell and the Coppell Economic Development
Foundation, Inc. for restoration of the Kirkland House in an amount not
to exceed $85,000 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.
15. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reminded the Council of upcoming
meetings: March 30th is the 5-Year Budget Meeting in the 2nd Floor
Conference Room at 6pm, April 6th is the Town Hall Budget Forum
at 7pm in the Council Chambers, April 8th is the Joint Meeting
with the Park Board and the Library Board at the Library
beginning at 6pm, and the Employee Banquet is scheduled for
April 10th at the DFW Marriott beginning at 6pm.
16. Mayor and Council Reports.
A. Report by Mayor Peters regarding the Egg Hunt on April
3rd, 11:00 a.m. at Wagon Wheel Park.
B. Report by Mayor Peters regarding Clean Coppell from
Saturday, April 10th through Saturday April 24th.
C. Report by Councilmembers Faught and Brancheau
regarding the Senior/Community Center.
A. Mayor Peters announced the annual Egg Hunt will be April 3rd at
Wagon Wheel Park at 11am. She encouraged everyone to arrive
early. Age groups will be separated and the event is free.
B. Mayor Peters also announced Clean Coppell will be held
April 10th-24th with 1,400 individuals already registered. Following
the Clean-Up on April 24th, there will be Earth Fest activities and
vendors on the Plaza at Town Center, as well as a performance by
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the band, Vocal Trash. A trash/recycle drop-off will be held with a
fee of $7.00 for computer monitors and a $10.00 fee for televisions.
17. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Councilmember Faught announced that the First United Methodist
Church will be presenting West Side Story April 9th-12th at 7:30pm and
3pm on April 11th. Tickets range between $7.50-20.00.
18. 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. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
A. Councilmember Tunnell announced that Casey’s Fun Run is
scheduled for March 27th at Standridge Stadium benefitting the
Special Olympics. Bush Middle School will have an Orchestra
Concert on March 30th. There’s no school on April 2nd. Finally,
Lewisville will have a Candidate Forum hosted by the Denton
County Republican Club on April 8th at 7pm and one on April 26th
at the Service Center on 400 Main Street.
B. Councilmember Mahalik congratulated the girls soccer team on
claiming the District Title and the boys soccer team for making it
to the play-offs. He also congratulated Assistant Superintendant
for Curriculum and Instruction, Melody Paschall, on being the
recipient of the School Library Administrator of the Year award. A
discussion with all middle school principals will be held on
April 7th and Councilmember Hinojosa-Flores reminded everyone of
Kindergarten registration on April 12th.
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C. Councilmember Faught announced the following activities:
April 5th is an Identity Theft Forum with Officer RJ Harr at
11:30am, “You Can Paint” Program will be April 12th at 9:30am, a
trip to the National Scouting Museum will be held on April 15th,
the Hand and Foot Tournament is scheduled for April 21st at
9:30am, a trip to the Dallas Arboretum is scheduled for April 27th,
blood pressure checks will be on April 28th, and Hot Dog Day is
scheduled for April 30th. Scheduled walking is Monday through
Fridays and Music Makers is on Wednesdays at 1pm.
D. Mayor Peters stated the next DRMC meeting will be April 2nd with
keynote speaker Texas Representative Larry Phillips, Chairman of
the Interim Study Committee on Transportation. She also reported
that the DFW Connector is now under construction and the Cotton
Belt study has been completed. The next meeting for the Cotton
Belt study will be April 2nd.
E. Councilmember Brancheau presented a book from ICLEI to Mayor
Peters on Measuring Up: A Detailed Look of Impressive Goals and
Climate Action Progress of US Cities and Counties.
F. Councilmember Tunnell reported negotiations continue with RHD.
G. Nothing to report.
H. Nothing to report.
I. Nothing to report.
J. Nothing to report.
K. Mayor Pro Tem Hunt informed Council that NTC is offering
webinars and lunches in April on the economic impact of sports
and the future of work. For more information, visit their website.
L. Nothing to report.
At this time, Council reconvened into Work Session.
WORK SESSION (Open to the Public)
4. Convene Work Session
A. Discussion regarding Council Retreat.
B. Discussion regarding the Communication Plan
C. Discussion regarding Video Productions.
D. Discussion of Agenda Items.
19. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
cm032310
Page 9 of 9
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Jayne Peters, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 13, 2010
10/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of an amendment to the Purchase Agreement with Pacific Realty Associates, L.P. (PacTrust) and
the City of Coppell for the construction of Southwestern Boulevard from the Denton Tap/Belt Line intersection to
Coppell Road to include reconstruction of a sewer line aerial crossing in the amount of $31,000; and authorizing the
City Manager to sign and execute any necessary documents.
Staff recommends approval of the amendment to this Purchase Agreement between PacTrust and the City of
Coppell to allow for this additional work to be included in the construction of Southwestern Boulevard from the Denton
Tap/Belt Line intersection to Coppell Road. The additional work is the reconstruction of an existing aerial sewer
crossing of Grapevine Creek. This agreement will allow the City to reimburse PacTrust for the additional work required
for their contractor to perform this additional work.
Staff will be available to answer any questions at the Council meeting.
Funds are available in the 2007 Street CIP accounts for this amendment.
Staff recommends approval of this Purchase Agreement with PacTrust.
#Southwestern Blvd Amendment
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: April 13, 2010
REF: Consider approval of an amendment to the Purchase Agreement with Pacific
Realty Associates, L.P. (PacTrust) and the City of Coppell for the
construction of Southwestern Boulevard from the Denton Tap/Belt Line
intersection to Coppell Road to include reconstruction of a sewer line aerial
crossing in the amount of $31,000; and authorizing the City Manager to sign
and execute any necessary documents.
On August 26, 2008 City Council approved a Purchase Agreement between the City of Coppell
and PacTrust for the reconstruction of Southwestern Boulevard from Denton Tap to South
Coppell Road. Under the terms of this agreement, attached herewith, PacTrust is to build the
entire portion of the road, and the City will purchase the improvements from them. The purchase
price of the original agreement was not to exceed $1,850,000.
Subsequent to the agreement PacTrust opened bids for the project, and calculated the city cost to
be $1,427,787.28. The project has been under construction since August 2009, and is anticipated
to be complete by August 2010.
During the course of construction it came to our attention that an aerial sewer line crossing of
Grapevine Creek that was built in 1967 was expected to remain in service. This project is
already reconstructing the sewer line on both sides of the creek that was built at the same time as
the crossing, and it makes sense from an ongoing maintenance standpoint to replace the crossing
at this time.
The contractor working for Pac Trust has provided the attached pricing information. The
proposed cost of $31,000 has been reviewed by the engineering department and seems
appropriate for the level of work. Adding this $31,000 in additional work brings the total City
expense to $1,458,787.28, which is still considerably less than the not to exceed amount per the
original agreement.
Staff recommends approval of the amendment to this Purchase Agreement between PacTrust and
the City of Coppell to include reconstruction of a sewer line aerial crossing in the amount of
$31,000. Staff will be available to answer any questions at the council meeting.
Southwestern Blvd Re-Construction
Proposed Purchase Agreement Amendment
City of Coppell Project ST07-01
Created in LDDT
1 INCH = 1 MILE
0 11/2
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2010.dwg\ST07-01 CHG ORDER
Created on: 31 March 2010 by Scott Latta 1/2
1 INCH = FT.
0 50
50
25
Southwestern Blvd Re-Construction
Proposed Purchase Agreement Amendment
City of Coppell Project ST07-01
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-01 CHG ORDER
Created on: 31 March 2010 by Scott Latta 2/2
PROPOSED PAVING
PROPOSED SANITARY
SEWER AERIAL CROSSING
REPLACEMENT
Amendment To
Purchase Agreement
This AMENDMENT to the PURCHASE AGREEMENT is made by and
between the City of Coppell, Texas (the “City”), and PW Commerce Center, LP, a
Texas Limited Partnership (the “Company”), acting by and through their respective
authorized officers.
RECITALS
WHEREAS, City and Company entered into a PURCHASE AGREEMENT
on or about August 28, 2008 to construct the “Project”;
WHEREAS, Company is diligently working towards completion of the Project,
the scope of which is detailed in the original agreement;
WHEREAS, City desires to expand the scope of the Project to include a new
aerial sewer line crossing consisting of the installation of 233 additional feet of sewer
line, one additional pier, concrete collars, removal of manholes, and connection to an
existing manhole, as indicated in the drawing included herewith, which has been
provided to Company for review and pricing purposes;
WHEREAS, Company agrees to expand the original scope to include this
additional work for the lump sum price of $31,000, to be paid by City to Company
within 30 days of completion of this work.
NOW THEREFORE, be it resolved that the original PURCHASE
AGREEMENT is hereby amended to include the additional work listed herein, and
shown in the attached exhibits. City hereby agrees to increase the purchase price by
$31,000 to compensate Company for all costs associated with this additional work. All
other provisions of the contract are to remain in place.
EXECUTED in duplicate originals on the ________ day of __________,
2010.
CITY OF COPPELL, TEXAS PW Commerce Center, LP
By: __________________________ By: __________________________
Clay Phillips, City Manager David W. Ramus, Vice President
STATE OF TEXAS
Purchase Agreement
COUNTY OF DALLAS
This Purchase Agreement this Agreement is made by and among the City of Coppell
Texas the City and PW Commerce Center LP a Texas limited partnership the Company
acting by and through their respective authorized officers
WITNESSETH
WHEREAS the Company owns the real property described In Exhibit A the
Land and
WHEREAS The Prentiss Copley Investment Group the Company s predecessor in
interest as owner of the Land and the City have previously entered into a certain Developer s
Agreement for Southwestern Boulevard dated November 11 1993 the
Prior Development Agreement relative to construction of portions of Southwestern Boulevard adjacent
to
the Land WHEREAS the Company and the City have mutually determined that it
would promote their respective interests if they terminated the Prior Development Agreement and
the City purchased from the Company acompleted roadway consisting ofSouthwestern
Boulevard from Denton Tap Beltline Road to South Coppell Road as described on Exhibit B
the
Project and WHEREAS the Company has agreed tosell transfer and convey the Project to
the City upon completion thereof in accordance with the terms and conditions set
forth and WHEREAS the City has issued certificates of obligation 2007 series
inthe principal amount of 5 54 Million for the design
and
construction
of the Project D C NOW THEREFORE in consideration of
the foregoing and other valuable consideration the receipt and sufficiency of which ishereby
acknowledged
the parties
agree
as
follows
Article ITermI I The term of this Agreement shall begin on the last
date of execution hereof Effective Date and continue until the Expiration Date unless
sooner
terminated as provided herein N 00CoppellPacTrustSouthwesternBlvdPurchaseAgreement123128
Article II
Definitions
them
Wherever used in this Agreement the following terms shall have the meanings ascribed to
City shall mean the City of Coppell Texas acting by and through its City Manager or
designee
City Acceptance shall mean i the Punch List Items have been completed ii City
has been provided with as built plans as required by City Ordinances and iii the City has
been provided with a 2 year maintenance bond for each public improvement comprising
the
Project City Engineer shall mean the city engineer for the City or
designee City Project shall mean that portion of the Project consisting of the design
and construction of the improvement ofSouthwestern Boulevard from Grapevine Creek
including the Bridge to South Coppell
Road Commencement of Construction shall mean that ithe Plans have been prepared
and all approvals thereof required from applicable governmental authorities have been obtained
for the Project ii all necessary permits for construction of the Project pursuant to the
respective Plans therefore have been issued by all applicable governmental authorities iii all
franchise utilities or public utilities affected by the Project have been relocated by the respective
utility providers and ivgrading of the portion of the Land required for the Project has
commenced Company shall mean PW Commerce Center LP a Texas limited partnership and
its permitted successors and
assigns Company Project shall mean that portion of the Project as generally depicted
in Exhibit B consisting of the design and construction of ithe improvement of
Southwestern Boulevard from Denton Tap Belt Line Road to Grapevine Creek and ii the
design construction and rerouting of the existing twenty four inch 24 waterline that
encroaches onto the Land off of the Land in accordance with plans approved by the City 50 of
the cost of which is to be paid
by each Party Completion of Construction shall mean that iacertificate
of substantial completion has been issued by the general contractor s for the Project and iithe
City Acceptance has been achieved
for the Project Effective Date shall mean the last date
of execution hereof CoopellllPacTrust SouthwesternBlvdPurchaseAgreement223128
Event of Bankruptcy or Insolvency shall mean the dissolution or termination of a party s
existence as a going business insolvency appointment of receiver for any significant part of such
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
thecommencement of any proceeding under any bankruptcy orinsolvency laws by or against such
party and such proceeding is not dismissed within ninety 90 days after the
filing thereof Expiration Date shall mean the date that all parties have fully satisfied
their respective
obligations herein Force Majeure means any contingency or cause beyond the reasonable control
of a party including without limitation acts of God or the public enemy war terrorism
riot civil commotion insurrection criminal acts by unrelated third parties government or
de facto governmental action or delays unless caused by acts or omissions of the party
adverse weather fires explosions floods strikes slowdowns or
work stoppages Impositions shall mean all taxes assessments use and occupancy
taxes charges excises license and permit fees and other charges by public or governmental
authority general and special ordinary and extraordinary foreseen and unforeseen which are or may
be assessed charged levied or imposed by any public orgovernmental authority on theCompany
and or affecting
the Land Land shall mean the real property described in
Exhibit A Material Breach shall mean a breach ofamaterial term or condition of
this Agreement as follows i failure to construct the Project in substantial accordance with the Plans
ii failure to timely cause Commencement of Construction or Completion of Construction of
the Project iii work or construction delays for a period of 45 days or more with respect
to the construction of the Project not due to Force Majeure and iv failure of the City topay any
installment of the Purchase Price for the Project in accordance with the terms
of this Agreement Party Parties shall mean a reference to each of the
City and Company Permitted Exceptions shall mean zoning laws rules and regulations the
lien for current taxes the environmental condition and anyeasements or
restrictions of record Plans shall mean theplans and specifications for design and construction of
the Project or respective portion thereof as approved by the City
and the Company Project shall collectively mean the City Project the Company Project
and the Water Line Project as described
inExhibit B Project Engineer shall mean HaItI Associates
Inc Dave Littleton Coopell PacTrust SouthwesternBlvdPurchaseAgreement323128
Punch List Items shall mean the list of items prepared by the City and Company and
confirmed by the Project Engineer andor Company s contractor and the City Engineer which
remain to be completed in accordance with the respective Plans for the respective improvements
at the time of Substantial Completion
Purchase Price shall mean the sum of i the actual costs of design and construction of
the City Project plus ii 50 of the actual costs ofconstruction of the Water Line Project
not to exceed 1 850 000 subject to adjustment as
provided in Section 34 hereof Substantially Complete or Substantial Completion shall
mean that stage by which the construction of the Project is sufficiently complete in accordance with
the Plans that the City can enjoy the beneficial use of the Project for its intended
purpose exclusive of Punch List Items even though minor miscellaneous work beyond punch list
work
and or adjustments may be required Water Line Project shall mean that portion of
the Project consisting of the design construction and rerouting of the existing twenty
four inch 24 waterline that encroaches onto the Land off of the Land in accordance with plans
approved by the City and as generally depicted in Exhibit B 50 of the cost of
which is
to
be paid by each Party Article IIIProject 31 Proiect aFor
the consideration and upon and subject to the terms provisions and conditions hereinafter set forth in
this Article Company agrees to sell and convey or cause to be sold and conveyed unto City
and City agrees to purchase from Company the Project and the plans specifications and
warranties related thereto itbeing agreed that Company shall own such improvements until payment therefore is
made by City in accordance with the terms of this Article The cost to design and construct
the Company Project is to be paid solely by the Company The City shall purchase
the City Project for the Purchase Price upon Completion of Construction thereof which shall
bepaid to Company in accordance with the terms and conditions of this AgreementTheCompanyshalldesignandconstructtheWaterLineProjectwitheachPartyresponsiblefor50of
the costs thereof with the City s portion
thereof to be paid as a part of the Purchase Price b Sidewalks and
other Non Proiect items The City will beresponsible for isidewalksrequired on
north side of Southwestern Boulevard from Grapevine Creek to Belt Line Road iithe design and
construction and removal of a temporary road system to allow access to Pinkerton
Elementary once the Southwestern Boulevard Bridge has been removed andiii the removal and replacement of
sewer system on the n0l1h side ofSouthwestern Boulevard identified as Line E in the Construction
Documents and that is not included in the Project 3 2 Plans The City shall at its
sole costs cause the Plans to be prepared for the City Project The Company shall at its
cost cause the Plans to be prepared for the Company Project and for the Water Line
Project The Company shall submitthe PlansfortheCompanyProjectCopoellPacTrustSouthwesternBlvdPurchaseAgreement423128
and the Water Line Project to the City Engineer for review and approval who shall have a period
of fifteen 15 business days to approve such plans the Plan Approval Period TheCityEngineershallbedeemedtohaveapprovedthesubmittedplansunlessithasprovided
written notice to the Company to the contrary prior to the expiration of the Plan ReviewApprovalPeriodIftheCityEngineerhasobjectionstotheplanstheCityEngineershallnote
such objections in writing and the Company shall cause the Project Engineer to revise the plans
to address such objections and re submit the plans to the City Engineer for approval subject to
the same Plan Approval Period This process shall continue until the City Engineer hasapprovedtheplansoreitherPartyhasdeterminedactingingoodfaiththattheCityEngineer
objections can not be addressed in which case either Party may by written notice to the other
terminate this
Agreement
3 3 Biddio2 a Solicitation of Bids The Company shall within the later of i
30days after the Effective Date and ii City approval of the Plans cause a bid package
including the plans and specifications for the Project to be prepared to be sent out to
prospective bidders for the performance of the Project The bid package may include arequest for bids on all
or a portion of the Project but bidders shall be required to break out their respectivebidbetweentheCityProjecttheCompanyProjectandtheWaterLineProjectTheCompanyshall
provide a copy of the proposed bid package including the plans and specifications to
the City Engineer for approval who shall have a period of ten 10 business days to
approve such bid package the Bid Package Approval Period The City Engineer shall be
deemed to have approved the submitted bid package unless it has provided written notice to the
Company to the contrary prior to the expiration of the Bid Package Approval Period If the City
Engineer has objections to the bid package the City Engineer shall note such objections in
writing and the Company shall cause the bid package to be revised to address such objections and re
submit the bid package to the City Engineer for approval subject to the same Bid
Package Approval Period This process shall continue until the City Engineer has approved or is deemed
to have approved the bid package or either Party has determined acting in good faith
that the City Engineer objections can not be addressed in which case either Party may by written
notice to the other terminate this Agreement Once the bid package is approved by the
City Engineer the Company shall solicit atleast three 3 competitive bids and or
competitive sealed proposals for the construction of the Project for the review
and approval by the City Engineer b Bid Review The Company shall provide a copy ofthebidstotheCityEngineerforapprovalalongwithnotificationofthebidwhich
the Company wishes to accept the Recommended Bid The City Engineer shall have a
period of ten 10 business days to approve orreject the Recommended Bid the
Bid Approval Period The City Engineer shall be deemed to have approved the Recommended Bid unless
ithas provided written notice to the Company to the contrary prior to the expiration of theBidApprovalPeriodIftheCityEngineerhasobjectionstotheRecommendedBidtheCityEngineershallnotesuchobjectionsinwritingandtheCompanyandtheCityEngineershallmeet
as promptly as possible thereafter to review and discuss all bids The Company may after such meeting
ask the bidders to revise their bids and re submit bids to the Company and the
City Engineer for approvalThis processshallCoopellllPacTrustSouthwesternBlvdPurchaseAgreement523128
continue until the City Engineer has approved or deemed to have approved a Recommended
Bid or either Party has determined acting in good faith that a bid acceptable to the City cannot
be obtained If either party determines that an acceptable bid cannot be obtained then either
party may terminate this Agreement in which event the Parties shall have no further duties or
obligations hereunder
c Bid Award Once a Recommended Bid has been approved or deemed to have
been approved by the Parties the Company shall award the construction contract s to the
approved bidder the Contract Award The Company shall enter into a construction
contract s for the Project with the approved bidder promptly thereafter but not later than twenty
20business days after the Contract Award for the construction of the
Project 3 4 Purchase Price The Purchase Price is due and payable by the
City to the Company from lawful available funds of the City as set ftrth in this Section In
the event the Contract Award for the City Project and 50 of the Water Line Project
exceeds the amount of the Purchase Price as set forth in Article II the Purchase Price shall be
increased to the amount of the Contract Award approved by the City for such portions of the
Project unless the Parties agree otherwise in writing For the purpose of securing the performance of
the City under the terms of this Section the City shall deliver earnest money to the Company in
the amount and on the date set forth in the Installment Schedule attached as ExhibitetheEarnestMoneySubjecttothesatisfactionoftheconditionssetforthinthisAgreement
the Purchase Price less the Earnest Money for the Project shall be paid by the City tothe
Company in installments as construction of the Project progresses in the amounts and in accordance
with Exhibit C The obligation of the City to make each installment payment of the Purchase Price
issubject to the prior occurrence of each
of the following conditions iCity shall have received from Company evidence
reasonably satisfactory to the City that the construction of the Project through its applicable
stage of completion complies
with all applicable laws iiCity shall have received from Company a
cost breakdown reasonably satisfactory toCity showing the estimated total costs of constructing the Project free and
clear of liens or claims for material supplied and
for labor services performed iiiCity shall have received from Company acopy of
each contract and agreement entered into between Company and any contractor pertaining to
the design construction and completion of the
Project unless previously provided iv City shall have received an affidavit from the
general contractor that has furnished labor and or materials in connection with the completed aspects
of the Project that such materials and labor and any suppliers and or sub contractor s have
been paid for such work in a form
acceptable to theCity CoopellllPac TrustSouthwesternBlvdPurchaseAgreement623128
v City shall have received a title report dated within five 5 days of the
installment payment date from the Title Company showing that no claim for mechanic s or materialmen
s liens has been filed against the
Project vi The representations and warranties made by Company as contained in
this Agreement shall be true and correct in all material respects as of the date of each
installment vii The covenants made by Company to City as contained in this Agreement
shall have been complied with in all material respects except to the extent such compliance may
belimited by Force Majeure the passage of time or theCompletion ofConstruction of the
Project viii Company shall have delivered to City a report of any changes
replacements substitutions additions or other modifications in the list ofcontractors and
subcontractors ix City shall have received from Company a written request for payment of
aninstallment of the Purchase Price in a form that states the amount or percentage of the
Project work completed and that all work required at the stage of construction when the installment
is requested has been
done x There shall be no Material Breach of this Agreement by
Company xi The Project shall not be materially damaged ordestroyed by
Casualty xii Company shall execute and deliver or cause to be executed and delivered
to City a bill of sale reasonably acceptable to City substantially in the form of Exhibit
D conveying to City the portions of the Project then constructed it being agreed however
that ownership of the Project then constructed shall automaticaHy vest in the City upon payment
of the Purchase Price without the necessity of any instrument An amount equal to ten
percent 10 ofthe Purchase Price shall be retained by City and shall be paid over by City
to Company as the final installment of the Purchase Price provided that no lien claims are then
filed and remain un bonded against the Project when all of the following has occurred to
the reasonable satisfaction
of City A Completion of Construction has occurred for the portion of
the Project then
being conveyed B Company shall have delivered and assigned or caused tobe
delivered and assigned to the City all warranties for the Project from contractors utilized
in the construction of
the Project No payment ofan installment ofthe Purchase Price shall be deemed an acceptance
by the City of the work theretofore done City shall have no obligation to pay any installment
of the Purchase Price during the occurrence of a Material Breach of this Agreement on the
part of Company but the City may do so provided however if the City elects to pay
any such installment no such payment shall be deemed a waiver ofany remedies City may have
inrespect CoppellllPac TrustSouthwestern BlvdPurchaseAgreement723128
to such breach If the City does defer any installment of the Purchase Price pursuant to the
preceding sentence such deferred installments of the Purchase Price shall be fully due and
payable at such time as such Material Breach has been cured or corrected by the Company
3 5 Construction
of Proiect a Commencement and Completion of Construction of Proiect
The Company agrees subject to events of Force Majeure tocause Commencement of Construction
of the Project to occur on or before sixty 60 days after the Contract Award and subject
to events of Force Majeure to cause Completion of Construction of theProject to
occur within
365 calendar days thereafter bSubstantial Completion The Company will use good faith
efforts to provide at least thirty 30 business days prior written notice to the City ofthedatethattheCompanyreasonablyexpectstheProjecttobeSubstantiallyComplete
Upon receipt of written notification from the Company that the Project is Substantially Complete City
shall notify the Company of the date the City Engineer intends to make a walk through inspection
of the Project to determine Punch List Items such date to be within ten 10 business days
after City sreceipt of such notice A representative of the Company will accompany theCityEngineeronthewalkthroughinspectionsoastomutuallydeterminethePunchListItemsto
be completed or repaired by the Company The Company will complete all Punch
List Items within twenty 20 business days after the date ofthe walk through
inspection subject toeventsof Force Majeure c Construction Meetin2 s The
Company agrees to meet with City representatives at least once per month to jointly review the progress
of construction of the Project and to discuss any other matters pertaining to the constructionoftheProjectTheCompanywillkeepCityreasonablyinformedastotheprogressoftheProject
and agrees to meet with City upon reasonable advance request to discuss thesameFurthennoretheCompanywillallowCityEngineertoinspectthe
Project at any time during business hours d Warranties The Company agrees as a
part of the costs of construction to obtain and assign to City warranties
from the Company scontractors subcontractors and suppliers providing labor and or materials in
connection with the Project provided that such assignment shall not prevent the Company from
enforcing the same Such warranties shall a be at least standard
industry warranties from generally recognized contractors subcontractors and suppliers with respect to the Project
and b obligate the Company s contractors subcontractors and suppliers to repair all defects in the
applicable portion of the Project fora period
of two 2 years followingCompletionof Construction eNo Delav of Dama2 es In the event of delay
not the fault of the City then the Company shall be entitled to an extension of
time for the Completion of Construction ofthe Project only and shall not be entitled to any additional
payment
from the City on account of such delay f Casualty Risk of loss due to
casualty shall beborne by the Company until Completion of Construction of the Project at such time said
risk of loss due tocasualty shallbeCoppellPacTrustSouthwesternBlvdPurchaseAgreement823128
borne by the City During the term of this Agreement the Company shall carry or cause to be
carried insurance in amounts sufficient to restore any of the Project damaged by casualty to
substantially the same condition they were in immediately prior to such casualty The CompanyshallinanyevenrestoreanyoftheProjectdamagedordestroyedbycasualtyaspartofits
obligation to construct same
3 6 General ReQuirements for Desi2n and
Construction a Compliance of Plans The Project shall be designed and constructed
in accordance with the Plans The Company shall cause all necessary permits and
approvals required by the City and any applicable governmental authorities to be issued for
the construction of the
Project b Compliance of Laws The Company shall comply with all local and state laws
and regulations regarding the design and construction of the Project applicable to similar
facilities constructed by the City including but not limited to any applicable requirement relating
to payment performance and maintenance bonds Upon Completion ofConstruction of theProjecttheCompanyshallprovidetheCitywithafinalcostsummaryofallcostsassociatedwith
the design and construction of the Project and provide proof that all amounts owing to
contractors and subcontractors have been paid in full evidenced by the customary affidavits executed by
the Company and or its
contractors c Bonds The Company shall in connection with the construction of the
Project cause its contractors to provide performance and payment bond s for the construction of
the Project to ensure completion of such Project in accordance with Chapter
2253 Texas Government Code as amended in forms reasonably satisfactory to the City for
the construction of the Project to ensure Completion of Construction of
such Project d NCTCOG Standards Except as otherwise provided in this
Agreement the design and construction of the Project shall bein accordance with the Standard
Specifications for Public Works Constructions published by the North Central Texas Council of
Governments as amended and as modified by the City and to the extent applicable are herebyincorporated
by reference eFranchise Utilities The Company and the City shall cooperate in
obtaining all necessary applications and approvals for franchise utilities that will be included
inutility easements as part of the Project and the City shall assist the Company in any efforts
required to expedite franchise utility approvals or coordinate franchise utility construction
schedules with the construction schedule for the Project All delays due toconstruction schedules
for franchise utility suppliers shall be included as items of Force Majeure for all
purposes hereunder f Materials Testin2 Each party will pay the costs for material testing
and special inspections for its respective portion of the Project The Company agrees to contract
for testing and inspections services on behalf of the Parties The City agrees to reimburse the
Company for its share of the costs for testing and inspections for the City Project within thirty
30 days after CopoellllPacTrust SouthwesternBlvdPurchaseAgreement923128
receipt of a written invoice from the Company which shall include such supporting
documentation as may be reasonably required by the City
3 7Representations Warranties and Covenants To induce City to enter
into this Agreement and in addition to any other representatives warranties and covenants
of Company contained herein Company specifically represents warrants and covenants the
following
to City a Company covenants and agrees to cause the Project to be constructed
in a diligent good and workmanlike manner in substantial and material compliance with
the Plans and in compliance with all applicable construction ordinances and laws and using
only new materials of similar quality as customary in
the industry b At such time as Company conveys the Project to the City the Company
will have good and indefeasible title to such portions of the Project as are on parts of the
Land so conveyed and shall quitclaim to the City all portions of the Project as are located
on other portions of land for which the City has obtained dedications of right of way or
easements all conveyances being subject only to the Permitted Exceptions and to the best of
Company s knowledge there will be no adverse or other parties in possession thereof or any
part thereof pursuant to any license lease or other right relating to the use or possession thereof or
anypart thereof granted by
the Company 3 8 Indemnification bv Companv CITY SHALL
NOT BE LIABLE OR RESPONSIBLE FOR AND SHALL BE
INDEMNIFIED DEFENDED HELD HARMLESS AND RELEASED BY COMPANY FROM AND AGAINST
ANY AND ALL SUITS ACTIONS LOSSES DAMAGES CLAIMS OR LIABILITY
OF ANY CHARACTER TYPE OR DESCRIPTION INCLUDING ALL
REASONABLE EXPENSES OF LITIGATION COURT COSTS AND ATTORNEY S FEES FOR INJURY OR
DEATH TO ANY PERSON OR INJURY OR LOSS TO ANY PROPERTY RECEIVED
OR SUSTAINED BY ANY PERSON OR PERSONS INCLUDING THE COMPANY
OR PROPERTY ARISING OUT OF OR OCCASIONED BY THE PERFORMANCE
OF COMPANY UNDER THIS AGREEMENT THE PROVISIONS OF THIS INDEMNIFICATION
ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED
TO CREATE OR GRANT ANY RIGHTS CONTRACTUAL OR OTHERWISE TO
ANY OTHER PERSON OR ENTITY IT IS THE EXPRESSED INTENT OF THE
PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS
AGREEMENT IS AN INDEMNITY EXTENDED BY COMPANY TO INDEMNIFY AND
PROTECT CITY FROM THE CONSEQUENCES OF THE COMPANY
SNEGLIGENCE WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY
SUCH
INJURY DEATH OR DAMAGE 3 9 Insurance Throughout the term of
this Agreement Company shall at its expense maintain or cause to be maintained infull
force and effect the following insurance a A policy of insurance for bodily
injury death and property damageinsuring CoppellPacTrustSouthwesternBlvdPurchaseAgreement1023128
against all claims demands or actions relating to the Company s performance of its obligations
pursuant to this Agreement with 1 a policy of comprehensive general liability
public insurance with aminimum combined single limit of not less than 1
000 000 00 per occurrence for bodily injury and property damage with an
aggregate of not less than 2 000 000 00 2policy of automobile liability
insurance covering any vehicles owned and or operated by the Company its officers agents
and employees and used in the performance of its obligations
hereunder with a minimum of 1 000 000 00 and 3 statutory
Worker s Compensation Insurance covering all employees involved in the performance of its obligations
hereunder Insurance covering all improvements located or being constructed on the Project site against loss or damage from
perils covered by an all risk or special form policy in amounts not less
than eighty 80 percent of the full insurable value of the improvements included
in the Project Construction liability insurance shall be maintained at all times when demolition excavation or
construction work is in progress on the Project site with limits of
not less than 100 000 for property damage and 300 000 for one person and 1 000
000 for one accident for personal injury and must protect City and Company against all liability for
injury or
damage to any person or property in any way arising out ofdemolitionexcavationorconstructionworkonthesiteoftheProjectbAllinsuranceand
certificate s of insurance shall contain the following provisions 1 name the
City its officers agents and employees as additional insureds as to all applicable coverage with
the exception of Workers Compensation Insurance 2 provide for at least thirty 30 days prior
written notice to the City for cancellation or non renewal 3 provide fora waiver
of subrogation against the City for injuries including death property damage or
any other loss to the extent the same is covered by the proceeds of insurance c All
insurance companies providing the required insurance shall be authorized to transact business in
Texas and rated at least A by
AM Best or other equivalent rating service d A certificate of insurance evidencing
the required insurance shall be submitted to the City prior to Commencement of Construction e
Without limiting any of the other obligations or liabilities of Company the Company shall
require its general contractors at
thegeneral contractor s own expense to maintain during the term of this Agreement the required insurance
including the required certificate and policy conditions as stated herein 3 10 Rh ht Of
Wav The City shall at its sole cost and expense secure all right of way dedications and
easements required for construction of the City Project other than right of way dedications for the portion
of the Project required from the Land which shall be granted by the Company to the City at no
charge The Company shall be required to dedicate and convey without cost to the City
such easements and right of way as are necessary for the portions of the Project constructed on the
Land
The City shall beresponsible fortheacquisitionofsucheasementsandrightofwayasarenecessaryfortheProjectthatareconstructedoffsiteoftheLandCoppellllPacTrustSouthwesternBlvdPurchaseAgreement1123128
311 Waiver of Fees
and Charees a Permit and Inspection Fees The City shall waive all permitfeesinspectionfeesandsimilarchargesandfeeswithrespectto
the Project b Roadway Impact Fees The City agrees to waive or provide a
credit against roadway impact fees assessed against the Land if any pursuant to the
City
Subdivision Ordinancec Water Waste Water Impact Fees The City agrees to waive or provide
a credit against water waste water impact fees assessed against the Land if any for the
12 inch water line being constructed not to exceed the Company s costs todesign and
construct the 12 inch water line less the City portion of the cost of the 12 inch water line
if approved by the
City Council
by
separate action Article IV Termination 4 1This Agreement terminates upon
anyone or more of the following events a
upon mutual written agreement
of the parties b upon Expiration Date c by either Party if the other Party
has committed a Material Breach of this Agreement and such Material Breach isnot
cured within sixty 60 days after written notice thereof provided that if the Material Breach
cannot reasonably be cured within a sixty 60 day period and the defaulting Party
has diligently pursued such remedies as shall be reasonably necessary to cure the default then the non
defaulting Party shall extend the period in which the default
must be cured for an additional sixty 60 days and d by
City if Company suffers an Event ofBankruptcy or Insolvency 4 2 In the event
the Agreement is terminated by the City pursuant to Section 4 1 c or d the City
may seek specific performance and
or actual damages incurred as a result of such uncured default by the Company
4 3 In the event the Agreementis terminated by the Company pursuant to Section 4
1 cthe Company may
seek specific performance and or actual damages incurred as a result ofsuch uncured default
by the City 4 4 IDeM of Offset The City may at its option
offset any amounts due and payable under this Agreement against any debt including Impositions lawfully
due to the City anddelinquent fromtheCompanyregardlessofwhethertheamountduearisespursuanttothetermsCoppellPacTrustSouthwesternBlvdPurchaseAgreement1223128
of this Agreement or otherwise and regardless of whether or not the debt due the City has been
reduced to judgment by a court
Article V
Miscellaneous
5 1 Bindin2 A2reement Assi2nment The terms and conditions of this Agreement
are binding upon the successors and permitted assigns of the parties hereto This Agreement
may not be assigned by the Company without the prior written consent of the City Manager
52 Limitation on Liabilitv Itis understood and agreed among the parties
that the Company and the City in satisfying the conditions of this Agreement haveactedindependentlyandassumenoresponsibilitiesorliabilitiestothirdpartiesinconnectionwith
these actions 5 3 No Joint Venture It is acknowledged and agreed by the
parties that the terms hereof are not intended to and shall not be deemed to create apartnership
or joint
venture among the parties 5 4 Authorization Each Party represents that it
has full capacity and authority to grant all rights and assume all obligations that are
granted and assumed under this Agreement 5 5 Notice Any notice required
or permitted to be delivered hereunder shall be deemed received ithree 3 days
after deposit into the United States Mail postage prepaid certified mail return receipt requested addressed to
the Party at the address set forth below or iion the day actually
received if sent by courier
or otherwise hand
delivered If intended
for City to
Attn City
Manager City ofCoppell Texas
P o Box
9478 Coppell Texas 75019 With acopy to
Peter G
Smith Nichols
Jackson Dillard
Hager Smith L L P
1800 Lincoln Plaza
500 North Akard Dallas Texas
75201If intended for Company toMr 1BenjaminChessarPacificRealtyAssociatesLPCopoe1lPacTrustSouthwesternBlvdPurchaseAgreement1323128
15350 S W Sequoia Pkwy
Suite 300
Portland Oregon 97224 With
a copy to
Kirsten Day Esq Pacific
Realty Associates LP 15350 S
W Sequoia
Pkwy Suite 300
Portland Oregon 97224 Robert M
Allen Higier Allen
Lautin P
C 5057 Keller Springs Suite 600 Addison Texas 75001 Any Party shall have the right to change its
address for notice by sending notice of change of address
to each other Party in the manner described above 5 6 EntireA2reementThisAgreementistheentireagreementbetweenthepartieswithrespecttothesubjectmattercovered
in this Agreemem There is no other collateral oral or written Agreement among the parties that
in any manner relates to the subject matter of this Agreement except as provided or referred
toin
this Agreement or as provided in any Exhibits attached hereto 5 7 Governin2 Law
This Agreement shall be governed by the laws of the State of Texas and venue for any
action concerning this Agreement shall be in the State District Court of Dallas County Texas The
parties agree
to submit to the personal and subject matter jurisdiction of said
court 5 8 Amendment
This Agreement may only be amended by a written agreement executed by all parties
5 9Le2al Construction In the event anyone or more of the provisions contained in this Agreement
shall for any reason be held to be invalid illegal or unenforceable in any respect
such invalidity illegality or unenforceability shall not affect other provisions and it is the intention of the parties to this
Agreement that in lieu of each provision that is found to be illegal invalid or
unenforceable a provision shall be added to this Agreement which islegal valid and enforceable and is as
similar in terms as possible to the provision found
to be illegal invalid or unenforceable 5 10 Recitals The recitals
to this Agreement are incorporated herein 5 11 Counterparts This Agreement may be executed in
counterparts Each of the
counterpartsshall be deemed an originalinstrument butallofthecounterpartsshallconstituteoneandthesameinstrumentCoppe1lPacTrustSouthwesternBlvdPurchaseAgreement1423128
5 12 Exhibits The exhibits to this Agreement are incorporated herein by
reference for all purposes wherever reference is made to
the same 5 13 Survival of Covenants Any ofthe
representations warranties covenants and obligations of the parties as well as any rights and benefits of the parties
pertaining to a period oftime following the termination ofthis
Agreement shall survive termination 5 14 Covenants and Representations
The Company represents warrants and covenants that ithas the authority to i enter into this Agreement andtoexecuteanddeliverthisAgreementandiiperformandcomplywithallofthetermscovenants
and conditions to be performed and complied with by the Company hereunder The City represents
warrants and covenants that ithas the authority to ienter into this Agreement and to execute
and deliver this Agreement ii perform and comply with all of the terms covenants and conditions tobeperformedandcompliedwithbytheCityhereunderiiitheCityhasissuedandsold
certificate ofobligations 2007 Series in the principal amount of 5 54 Million for payment of
the Purchase Price and iv that the City has sufficient funds reasonably available to pay any costs oftheProjectrequiredtobepaid
by the City in excess of the Purchase Price 5 15 Time for
Performance Time isof
the essence in the performance of each Party s obligations hereunder 5 16 Force Ma i
eure Whenever a period of time is herein prescribed for action to be taken by City or
Company other than payment of money City or Company shall not be liable or responsible for and
there shall be excluded from the
computation for any such period of time any delays due to Force
Majeure 5 17 Termination of Prior Al reement The parties hereto herby terminate the Prior Development
Agreement for all purposes and it shall be of no further force and effect
with respect to the Land from and after the date hereof notwithstanding any subsequent termination or expiration
of this Agreement If requested by Company City shall join in a release of
such Prior Development Agreement in
recordable form which may be recorded in the Real Property Records of Dallas
County Texas 5 18No Recordinl ofAl reement The parties agree that
neither Party shall record this Agreement any memorandum hereof or certificate or affidavit pertaining hereto without the
prior written consent of the other Party Any default by either Party of its
obligations under this provision shall
constitute a Material Breach hereunder by the Party that records this
Agreement or any instrument pertaining hereto 5 19 Emplovment of Undocumented Workers During the
term of this Agreement the Company agrees not to knowingly employ any undocumented workers and if convicted of
a violation under 8U S c Section 1324a t the Company shall repay the amount ofthe
Grants and any other funds received by the Company from the City as of the date ofsuch violation
within 120 business days after the date the Company is notified by the City of such
violation plus interest atthe rateof6compoundedannuallyfromthedateofviolationuntilpaidTheCompanyisnotliableCoppellllPacTrustSouthwesternBlvdPurchaseAgreement1523128
for a violation of this section by a subsidiary affiliate or franchisee of the Company or by a person
with whom the Company contracts
Signatures Appear on the Following Page
CoppeIlllPac Trust Southwestern BlvdPurchase Agreement1623128
EXECUTED in duplicate originals this the Z2Lday of d City
of Coppelt 2008
By
Attest
B
By
CIty Attorney
EXECUTED in duplicate originals this the t day of A v
2008 PWCommerce Center
LP By PW Fairview Inc aDelaware
corporation General
Partner By d tN
R Name u u cl oJ f
a 1 15 TitleJ
Ic ocJ Coppell PacTrust SouthwesternBlvdPurchaseAgreement1723128
City of Coppell s Acknowledgment
State of Texas
County of Dallas
This instrument was acknowledged before me on the 2 Sday
of byol1t lllB N St8vef MaYM of the City ofCoppell Texas a Texas munici municipality
JjlJ1 wr 1 e y MAtJA ti
My Commission Expires
11 1 Ze
LIBBY BALL
Notary Public
State ofTexas I
Comm Expires 6
11 2012 Companys Acknowledgment State
of Ot fJo
OtJ County of llM lUtt 4 This instrument was acknowledged before me onthe 1
iday of BLA l 2008by v d JJ RaIM CtS the V p of
PW Fairview Inc aDelaware corporation the General Partner of PW Commerce Center LP a
Texas
limited partnership on
behalf of said
limited partnership JJ rjCD
Notary State ofMy
Commission ExpiresOFFICIAL
SEAL TERRY
L O TOOLE NOTARY
PUBUC OREGON COMMISSION NO 430474MY COMMISSIONEXPIRESAUG92012CoppellPacTrustSouthwesternBlvdPurchaseAgreement1823128
Exhibit A
Description of Land
PWCC means Park West Commerce Center an addition to the City ofCoppell Texas
PWCC Lot 1
Block 1 PWCC
Lot 2 Block
1PWCC
Lot 3Block1PWCCBlock3PWCCBlock4
EXHIBIT B
DESCRIPTION OF PROJECT
Drainage paving and utility improvements for Southwestern Blvd from South Coppell Road to
Grapevine Creek and from Grapevine Creek to Belt Line Road adjacent to Lots 1
3 Block 1Park West Commerce Center Coppell Texas as described in the plans
for such improvements prepared by Halff Associates Inc June 2008 version subject to
final review and approval by the City and the Company with a description of such final approved Plans
to be attached to this Agreement prior to the commencement of the Bid
PackageApprovalPerioddescribedherein
Exhibit C
Installment Schedule
Earnest Money 15 of the Purchase Price to be paid 30 days after
Contract Award Periodic Installments Periodic installments each in amount equal to25
of Purchase Price to be
paid as follows 1 When the Project is 40 complete
as mutually agreed to by the City
Engineer and the Project Engineer 2 When the Project is
65 complete as mutually agreed to by the
City Engineer and the Project Engineer and 3 When the
Project is 90 complete as mutually agreed
to by the City Engineer and the Project Engineer Final Installment l0
ofthe Purchase price to be paid uponCompletionofConstructionoftheProjectasprovidedinSection34
Exhibit D
BILL OF SALE AND ASSIGNMENT
ST ATE OF TEXAS s
s
s
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS
This BILL OF SALE AND ASSIGNMENT this Bill of Sale is made and executed as of
the day of 2008 the Effective Date by and between PW
Commerce Center LP aTexas limited partnership Grantor and the City of Coppell Texas a
municipal corporation
Grantee Preliminary
Statements Grantor and Grantee agree that the following preliminary statements are true and correct in
all material respects and incorporated into the Bill of
Sale A The Parties entered into that certain purchase agreement for the improvement
ofSouthwestern Boulevard and for the design construction and rerouting of the existing
twenty four inch 24 waterline the
Purchase Agreement B Grantor desires to sell transfer and assign to Grantee all of Grantor s
right title and interest in and to that portion of the Project thus completed as such term is defined
in the Purchase Agreement located on that certain real property owned by Grantor and located
in the City ofCoppell Dallas County Texas as more particularly described on Exhibit A
which is attached and incorporated into this Agreement
the Land C Grantor also desires to sell transfer and assign to Grantee all of Grantor
s right title and interest in and to any warranties and guarantees issued in connection
with the construction of the that portion of the Project
the
Warranties Aereement NOW THEREFORE in consideration of the receipt of TEN AND NO
lOO DOLLARS 10 00 and other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged Grantor and Grantee
hereby agree as follows 1 Convevance of Proiect Grantor hereby ASSIGNS
SETS OVER and TRANSFERS to Grantee all of Grantor s right title and interest in and to that
portion of the Project thus completed as generally described and depicted in Exhibit
B which is attached
and incorporated into this Agreement 2 Assignment ofWarranties Grantor
hereby ASSIGNS SETS OVER and TRANSFERS to Grantee all of its right title and interest in and to the
Warranties to the extent said Warranties are assignable withrespecttotheProjectthusconveyed
3 Miscellaneous This Bill of Sale and the obligations of the parties hereunder shall
be binding upon and inure to the benefit of the parties hereto and their respective
legal representatives successors and
assigns REMAINDER OFP AGEINTENTIONALLY LEFTBL
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:
Parks and Recreation
April 13, 2010
10/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of award of Bid No. Q-0310-01 to Estes Inc. and Agrium Advanced Technologies, for annual
contracts, for the purchase of fertilizer and chemicals as budgeted, and authorizing the City Manager to sign.
See attached memo.
Funds have been budgeted in the 2009-10 departmental budgets.
Staff recommends approval.
^Chemicals -1 AR
PARKS AND RECREATION DEPARTMENT
INTEROFFICE MEMO
DATE: April 13, 2010
TO: Mayor and City Council
FROM: Brad Reid, Director of Parks and Recreation
RE: Consider approval of award of Bid No. Q-0310-01 to Estes Inc. and
Agrium Advanced Technologies, for Annual Contracts, for purchase of
fertilizer and chemicals as budgeted, and authorizing the City Manager to
sign the resulting contracts.
Background:
The 2009-2010 Budget contains $88,186 for the purchase of fertilizers and chemicals for
Parks, Athletic Fields, Municipal Grounds and Rights-of-Ways. These products are
applied for the control of undesirable weeds, fire ants, and other pests, diseases that
may encroach on these areas, and to promote the health of the turf grasses.
Bid number Q-0310-01 for Fertilizer and Chemicals has been reviewed and staff
recommends the following vendors be awarded annual contracts for the supply of these
materials.
Recommended Vendor Item Unit Price
Estes, Inc. See below See below
Agrium Advanced Technologies See below See below
This bid is to secure annual contracts for the supply of these chemicals and fertilizers.
Below is a listing of the bidders, along with the number of products on which they
supplied the low bid. Staff reviewed all bids and decided to recommend award to the
overall lowest, best, most responsible bidder for the specific classification of products.
Fertilizer Bids (21 items) Low Bid No Bid Alternate Bid
Agrium Advanced Technologies 13 5 0
Justin Seed 7 2 1
Helena Chemical Co. 0 2 0
Estes Incorporated 0 12 0
BWI Companies Inc. 0 12 7
John Deere Landscape 0 17 0
Ameriturf 0 21 0
Chemical Bids (41 items)
Estes Incorporated 18 3 0
Agrium Advanced Technologies 14 4 0
Helena Chemical Co. 12 10 0
BWI Companies Inc. 0 4 21
John Deere Landscape 0 17 10
Ameriturf 0 31 0
Justin Seed 0 41 0
Agrium Advanced Technologies
Bid Item # Item Price
0310-01-1-01 3-1-2 Ratio 87% Sulphur Coated urea $445.00
0310-01-1-02 21-0-0 Quick Release $268.00
0310-01-1-03 21-0-0 Quick Release $0.134
0310-01-1-04 15-5-10 w/9% Sulphur Quick Release $0.1625
0310-01-1-05 15-5-10 w/9% Sulphur Quick Release $325.00
0310-01-1-06 10-5-20 (Winterizer) $346.00
0310-01-1-07 10-5-20 (Winterizer) $0.173
0310-01-1-08 22-2-5 .86% Pendlimethlin $0.2875
0310-01-1-09 22-2-5 .86% Pendlimethlin $575.00
0310-01-1-10 0-0-13 .86% Pendlimethlin $441.00
0310-01-1-11 0-0-13 .86% Pendlimethlin $0.2205
0310-01-1-12 10-0-20 Estate w/Surflan and Gallery $0.755
0310-01-1-13 10-0-20 Estate w/Surflan and Gallery $1510.00
0310-01-1-14 21-0-0 50%SCU + 2%Fe $377.00
0310-01-1-15 21-0-0 50%SCU + 2%Fe $0.1885
0310-01-1-16 Applying Fertilizer No Bid
0310-01-1-17 15-5-10 50% SCU + 2% Fe++ $0.205
0310-01-1-18 Delivery of 15-5-10 50% SCU + 2% Fe++ $0.205
0310-01-1-19 Bulk pick-up for 15-5-10 50% SCU +2% Fe++ No Bid
0310-01-1-20 Bulk application of 15-5-10 50% SCU +2% Fe++ No Bid
0310-01-1-21 1-0-1 Ratio with 50% poly coated SCU impregnated with Pendimethalin No Bid
Estes Incorporated
Bid Item # Item Price
0310-01-1-22 18-4-10 Naiad Wetting Agent No Bid
0310-01-1-23 Weed-Hoe 108 MSMA $47.54
0310-01-1-24 Weedar 64 2-4-D $34.00
0310-01-1-25 Trimec Plus w/MSMA & 2-4-D $99.00
0310-01-1-26 Finale
$172.49
0310-01-1-27 Confront
$119.49
0310-01-1-28 Oust XP
$214.49
0310-01-1-29 Gallery
$135.95
0310-01-1-30 Barricade $85.00
0310-01-1-31 Manage $79.00
0310-01-1-32 Image $78.49
0310-01-1-33 Blaze-On (Dye Indicator) $20.60
0310-01-1-34 Round-Up Pro Max $58.00
0310-01-1-35 Rodeo $23.00
0310-01-1-36 Aqua-shade $33.00
0310-01-1-37 Cutrine-Plus $53.25
0310-01-1-38 Award
$208.00
0310-01-1-39 Surflan
$115.00
0310-01-1-40 Merit No Bid
0310-01-1-41 Fusilade II $59.99
0310-01-1-42 Pendulum $72.00
0310-01-1-43 Snapshot $89.00
0310-01-1-44 Surfactant $10.60
0310-01-1-45 Nutra-Sol No Bid
0310-01-1-46 Defoamer Additive $12.90
0310-01-1-47 Primo (Growth Regulator)
$275.00
0310-01-1-48 Banner
$249.00
0310-01-1-49 Daconil Weatherstik
$141.25
0310-01-1-50 Atrimec
$274.00
0310-01-1-51 Spimax $51.50
0310-01-1-52 Advion
$120.00
0310-01-1-53 Top Choice
$152.00
0310-01-1-54 Bifen I/T $18.00
0310-01-1-55 Remedy $79.90
0310-01-1-56 Green Clean $80.00
0310-01-1-57 Wasp Freeze $6.25
0310-01-1-58 Reward
$222.50
0310-01-1-59 Sureguard
$530.00
0310-01-1-60 Certainty $79.00
0310-01-1-61 Sedge Hammer $79.00
0310-01-1-62 Primer
$255.00
City Council Action requested:
Consider approval of award of Bid No. Q-0310-01 for Annual Contracts for purchase of
Fertilizer and Chemicals to: Estes Inc., and Agrium Advanced Technologies as budgeted,
and authorizing the City Manager to sign the resulting contracts.
Staff Recommendation:
Approval of this item.
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
April 13, 2010
10/D
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1197R-PD-133R2-HC, Pizza Hut, a zoning change from
S-1197-PD-133R2-HC (Special Use Permit 1197-Planned Development-133 Revision 2-Highway Commercial) to
S-1197R-PD-133R2-HC (Special Use Permit-1197 Revised-Planned Development-133 Revision 2-Highway Commercial), to
allow a 964-square-foot restaurant (take-out and delivery only) to be located at 651 N. Denton Tap Road, Suite #130
and authorizing the Mayor to sign.
On March 9, 2010, Council unanimously approved this ZONING CHANGE (5-0).
On February 18, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0).
Staff recommends APPROVAL.
@S1197RPD-133R2-HC,ORD-1 AR(con)
Page 1
TM 42572.2.3162010
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-1197-PD-133R2-HC
(SPECIAL USE PERMIT 1197-PLANNED DEVELOPMENT-133
REVISION 2-HIGHWAY COMMERCIAL) TO S-1197R-PD-133R2-HC
(SPECIAL USE PERMIT-1197 REVISED-PLANNED DEVELOPMENT-133
REVISION 2-HIGHWAY COMMERCIAL), TO ALLOW A 964-SQUARE-
FOOT RESTAURANT (TAKE-OUT AND DELIVERY ONLY) TO BE
LOCATED AT 651 N. DENTON TAP ROAD, SUITE #130, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE
APPROVAL OF THE FLOOR PLAN, SITE PLAN WITH PARKING
ANALYSIS AND SIGN PLAN, ATTACHED HERETO AS EXHIBIT “B”;
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-1197-PD-
133R2-HC should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from S-1197-PD-133R2-HC (Special
Use Permit 1197-Planned Development-133 Revision 2-Highway Commercial) to S-1197R-PD-
133R2-HC (Special Use Permit-1197 Revised-Planned Development-133 Revision 2-Highway
Commercial), to allow a 964-square-foot restaurant (take-out and delivery only) to be located at
Page 2
TM 42572.2.3162010
651 N. Denton Tap Road, Suite #130, 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 S-1197-PD-133R2-HC is hereby approved subject to the following
special conditions:
A) The development of this restaurant shall be in accordance with the Floor Plan,
Site Plan and Sign Plan.
B) The restaurant shall be 964-square-feet and shall only provide take-out and delivery
service without sit down service.
C) The hours of operation shall be between the hours of 11:00 a.m. to 10 p.m., Sunday
through Thursday and 11 a.m. to 11 p.m. Friday through Saturday.
SECTION 3. That Floor Plan, Site Plan with Parking Analysis and Sign Plan, attached
hereto as Exhibit “B”, and made a part hereof for all purposes, are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
Page 3
TM 42572.2.3162010
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.
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
___________________, 2010.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb/R&R only)
EXHIBIT “A”
LEGAL DESCRIPTION
651 N. DENTON TAP ROAD, SUITE #130
Coppell, Texas 75019
Lot 1, Block A, of the Magnolia Village Addition,
being an Addition in the City of Coppell, Dallas County, Texas
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
April 13, 2010
10/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1023R-R Chevron, a zoning change from S-1023-R (Special Use
Permit-1023-Retail) to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to allow a change in use of the existing
765-square-foot Car Wash building to a State Vehicle Inspection Station on 0.7 acres of property located at 101 E. Belt
Line Road being the southeast corner of S. Belt Line and E. Belt Line Roads and authorizing the Mayor to sign.
On March 23, 2010, Council unanimously approved this ZONING CHANGE (7-0).
On March 9, 2010, Council continued this request to the March 23, 2010 meeting with the public hearing left open
(5-0).
On February 18, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0).
Staff recommends APPROVAL.
@S-1023R-R, Chevron ORD-1 AR (con)
1 TM 42723.2.32410
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-1023-R (SPECIAL USE
PERMIT-1023-RETAIL) TO S-1023R-RETAIL (SPECIAL USE PERMIT-
1023-REVISED RETAIL), TO ALLOW A CHANGE IN USE OF THE
EXISTING 765-SQUARE-FOOT CAR WASH BUILDING TO A STATE
VEHICLE INSPECTION STATION ON 0.7 ACRES OF PROPERTY
LOCATED AT 101 E. BELT LINE ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, LANDSCAPE PLAN, AND SIGN PLANS, 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-1023R-R
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell zoning change request from S-
1023-R (Special Use Permit-1023-Retail) to S-1023R-Retail (Special Use Permit-1023-Revised
2 TM 42723.2.32410
Retail), to allow a change in use of the existing 765-square-foot Car Wash building to a State
Vehicle Inspection Station on 0.7 acres of property located at 101 E. Belt Line Road 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-1023R-Retail is hereby approved subject to the
following special conditions:
A) This property shall be maintained in accordance with the approved Site Plan,
Landscape Plan, and Sign Plans.
B) Air quality inspections as an element of the state vehicle inspection shall
utilize only an on-board diagnostics system (OBDS #2) or comparable
computer system which verifies air quality emissions without vehicle engine
operation.
C) The landscaping shall be brought into compliance with the Landscape Plan,
attached hereto as Exhibit “C”, prior to the issuance of a Final Certificate of
Occupancy for the accessory use provided for herein, Vehicle Inspection
Station.
SECTION 3. That the Site Plan, Landscape Plan and Sign Plan, and notes set forth therein,
attached hereto as Exhibits “B”, “C”, and “D”, respectively, and made a part hereof for all purposes,
are hereby approved as special conditions.
3 TM 42723.2.32410
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
4 TM 42723.2.32410
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2010.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb)
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
April 13, 2010
11
✔
PUBLIC HEARING
Consider approval of Case No. S-1251-SF-12, St. Andrews Estates, Lot 5, Block 1, a zoning change request from SF-12
(Single Family-12) to S-1251-SF-12 (Special Use Permit-1251-Single Family-12), to allow 100% stucco finish in lieu of 80%
masonry for the residence proposed to be constructed on approximately 0.33 of an acre of property located at 620
Inglenook Court.
There are no outstanding P&Z conditions.
On March 18, 2010, the Planning Commission unanimously
recommended approval of this ZONING CHANGE subject to the
above-stated condition (4-0). Commissioners Frnka, Sangerhausen,
Duncan and Kittrell voted in favor, none opposed.
On February 18, 2010, the Planning Commission left open and
continued the public hearing to the March 18, 2010, meeting to
address Commission's concerns (6-0).
Staff recommends APPROVAL.
@01 S-1251-SF-12, StAE, L5, B1-1 AR
ITEM # 4
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1251-SF-12, St. Andrews Estates,
Lot 5, Block 1
P&Z HEARING DATE: February 18, 2010 (Continued to the March 18 Planning
Commission Meeting, with the hearing left open)
C.C. HEARING DATE: March 9, 2010 (to be rescheduled after the March 18
Planning Commission meeting)
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: 620 Inglenook Court
SIZE OF AREA: 0.33 of an acre of property
CURRENT ZONING: SF-12 (Single Family-12)
REQUEST: A zoning change from SF-12 (Single Family 12) to S-1251-SF-
12 (Special Use Permit-1251-Single Family-12), to allow 100%
stucco finish in lieu of 80% masonry for the proposed residence
to be constructed on this lot.
APPLICANT: The Holmes Builders
Terry Holmes
1445 MacArthur Drive
Suite 200
Carrollton, TX. 75007
(972) 242-1770, Ext. 201
Fax: (972) 242-2931
Email: office@theholmesbuildier.com
ITEM # 4
Page 2 of 5
HISTORY: This lot is on land that was, until the early 2000’s, a part of the
City’s Service Center. The Center moved to Coppell
Road in 2002, and the vacant building and its surrounding 10
acres was put out for bid. The Holmes Builders was the
successful bidder and subsequently developed a 23 lot
subdivision known as St. Andrews Estates. This subdivision
was approved by Council in January of 2004, and has slowly
developed since that time. In the last 6-8 months, several lots
in this subdivision have been enlarged in size by combining two
lots into one to accommodate larger homes.
TRANSPORTATION: DeForest Road is an unimproved asphalt road contained within a
variable width right-of-way ranging from 40 to 50 feet. It is
eventually planned to be a 27 foot wide concrete street with 50
feet of width, and our Engineering staff is in the design stage of
that project, anticipating beginning of construction in the fourth
quarter of this year.
SURROUNDING LAND USE & ZONING:
North- single-family residences; PD-184 SF-ED
South- single family residences; PD-137 (zero lot line)
East – single-family residences; PD-161-SF-12
West- single-family residences; SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows
the property as suitable for low density single family
residences.
DISCUSSION: In the normal course of reviewing zoning applications, we
generally make few comments regarding design issues. With
regard to this case, however, it is prudent to make several
comments regarding the structure and how it relates to the
residential uses around it.
In driving the area in which this house is to be built, one is
struck by the cohesive architectural styles contained within the
neighborhood. The houses are predominately brick with a mix
of complementary building materials. They are defined by
gabled roof lines, the colors are light and compatible with one
another, only 3 of the 13 on the block have any stucco, and
they “fit” together making a cohesive whole. That can not be
ITEM # 4
Page 3 of 5
said of this application. The house proposed for this lot is
100% stucco creating a sameness and uninteresting flat
façade, there is no texture or grain to the building surface, it is
proposed to be dark grey in color, has a variety of roofing
materials, several different window styles and includes gabled,
shed and barrel roof lines. It has a very contemporary feel to it
and is unlike any other house in this subdivision and for that
matter, the entire city. It does not have any positive
architectural character and will appear to stand out like the
proverbial sore thumb in this neighborhood. It does not reflect
any of the tenants of “old world” architecture best illustrated in
this neighborhood by a neighboring home (Photo 1), three
doors south of the applicant’s property—gabled roof, majority
stone/brick materials, rough sawn timbers, articulated sides,
stucco proportional to overall building materials used.
Generally, these design elements are repeated throughout this
subdivision with the exception of stucco which, as stated
above, is present on only three of the existing houses.
To convey our concern with this application, attached are a
series of photos of existing homes on the same street which
can be used to better make our point. These photos convey
the concerns we have with the applicant’s design. Photos 2
and 3 are existing houses immediately to the north and south of
the applicant’s proposal. Photos 4, 5, and 6 show the overall
character of the neighborhood. These exhibits convey a design
respect for each other. The scale, building materials, color,
roof lines all possess a relationship to one another that gives
the streetscape relevance and compatibility. The requested
building reflects none of these qualities.
In short, the requested structure has little relevance to the old
world architectural style we have nurtured over the years, and
needs a great deal of redesign. More importantly, it does not
respect nor compliment the design of the existing
neighborhood. Although the Planning Department does not
normally publicly criticize the design elements of a proposed
project, in this case we believe we have an obligation to protect
the interests of citizens already established in this
neighborhood. The proposal needs a great deal of design work
to compliment what is already there. That said, staff can not
support this request.
At the February 18 meeting, the Commission expressed
concern regarding how the proposed structure would fit
into the existing neighborhood. There were concerns with
ITEM # 4
Page 4 of 5
the building materials, roof structure, number of different
roof forms, flatness of exterior surfaces, window design
and general proportion of the home. These design
concerns warranted re-analysis of the building, and
prompted the Commission to delay taking action on the
application and directed the applicant to revise the
building to be more in line with the architectural style and
building materials of the existing subdivision. The
Commission further directed the applicant to be prepared
to explain the revised design at the March 18 public
hearing.
We have received a revised design for the residential
structure. Basically, the floor plan has been slightly
modified, the footprint of the building has been changed,
and the overall square footage of the 2-story home has
been reduced to 5,858 square feet (reduced by 31 square
feet). Elevations have been altered to include more shed
roof forms, the gables and barrel vaults remain essentially
unchanged. Building materials show to include stone
materials on each view of the building, but the material
symbol and the notes on the elevations do not match. For
example, the East Elevation shows considerable stone
exterior, but the notes indicate a stucco material. In
addition, the roof symbol suggests a standing seam roof,
but the note states “composition”, and in some cases
“stucco”. These inconsistencies show on each elevation.
With regard to the overall design of this structure, it
remains a judgment call whether this style fits the
neighborhood. It is certainly an improvement over the first
submittal, and the addition of the stone exterior
substantially improves the appearance of the building.
The variety of roof forms still bothers staff, and the barrel
vaults and shed roof members are problematic. By
replacing these members with gables—the predominate
roof form in the neighborhood—the result would
compliment the existing architectural style of the
community.
We have subsequently received an additional notice in
opposition to this case, the latest from the property owner
directly behind the subject lot. In totaling neighborhood
concerns, this case has generated a little over 12%
opposition (12.6%)
ITEM # 4
Page 5 of 5
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of this request as submitted. It is incompatible with the
existing houses in the neighborhood, needs extensive redesign with attention directed
toward greater use of brick and stone, more muted colors, reconsideration of the
variety of roof forms, more identifiable window shapes, and greater thought directed
toward becoming more compatible with the existing homes in the subdivision.
After review of the revised plan, staff could recommend APPROVAL of the
revision subject to the following conditions:
1. Consider revising the vault and shed roof forms.
2. Make necessary changes to Elevations sheet to correctly identify roofing
materials and building facade materials on all elevations
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. Vicinity Map
2. Rendering of front of proposed structure
3. Floor plan/elevations
4. Photos of other homes on Inglenook (6)
5. Perspective drawing of front elevation
6. Notification map
PD-131R-SF-12PD-131R-SF-12SF-12PD-131-SF-12PD-161R-SF-12SF-12PD-132-SF-9SF-12PD-140-SFDeforest RdStratford LnInglenook CtC a m b r id g e M a n o r L n
Pre s t w ic k C tC a s t le Creek Dr
B e n t T r e e C tM a c A r t h u r B l v dNorthshore CtStonewick LnKings Canyon CtPrince Edward LnForest DrStonewick Ln0 100 200 30050Feetµ620 Inglenook Court
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
April 13, 2010
12
✔
PUBLIC HEARING
Consider approval of Case No. S-1252-SF-12, St. Andrews Estates, Lot 19R, Block 1, a zoning change request from SF-12
(Single Family-12) to S-1252-SF-12 (Special Use Permit-1252-Single Family-12), to allow 100% stucco finish in lieu of 80%
masonry for the residence proposed to be constructed on approximately 0.6 of an acre of property located at 617
Inglenook Court.
There are no outstanding P&Z conditions.
On March 18, 2010 the Planning Commission unanimously
recommended approval of this ZONING CHANGE (4-0).
Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted in
favor, none opposed.
Staff recommends APPROVAL.
@02 S-1252-SF-12, StAE, L19R, B1-1 AR
ITEM # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1252-SF-12, St. Andrews Estates
Lot 19R, Block 1
P&Z HEARING DATE: March 18, 2010
C.C. HEARING DATE: April 13, 2010
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 617 Inglenook Court
SIZE OF AREA: 0.6 of an acre of property
CURRENT ZONING: SF-12 (Single Family-12)
REQUEST: A zoning change to S-1252-SF-12 (Special Use Permit-1252-Single
Family-12), to allow 100% stucco finish in lieu of 80% masonry for the
proposed residence.
APPLICANT: The Holmes Builders
Terry Holmes
1445 MacArthur Drive
Suite 200
Carrollton, TX. 75007
(972) 242-1770, Ext. 201
Fax: (972) 242-2931
Email: office@theholmesbuildier.com
HISTORY: This lot is on land that was, until the early 2000’s, a part of the City’s
Service Center. The Center moved to South Coppell
Road in 2002, and the vacant building and its surrounding 10 acres
was put out for bid. The Holmes Builders was the successful bidder
and subsequently developed a 23-lot subdivision known as St.
Andrews Estates. This subdivision was approved by Council in
January of 2004, and has slowly developed since that time. In the
last 6-8 months, several lots in this subdivision have been enlarged
ITEM # 7
Page 2 of 3
in size by combining two lots into one to accommodate larger homes.
Most recently was the subject property, where two lots were
combined into this 26,000 square foot lot in December of last year.
On February 18th of this year the Planning and Zoning Commission
held a stucco request in this subdivision under advisement until this
meeting. The major discussion point was the incompatibility of
design of the residence more than the use stucco.
TRANSPORTATION: Inglenook is a residential street built within 50 feet of right-of-way.
DeForest Road is an unimproved asphalt road contained within a
variable width right-of-way ranging from 40 to 50 feet. It is planned to
be a 27 foot-wide concrete street with 50 feet of width. Engineering
staff is in the design stage of that project, anticipating beginning of
construction in the fourth quarter of this year.
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: This is the second request to construct a home with 100% stucco
exterior along this street. Staff evaluates stucco requests on a case
by case basis, based upon a number of criteria including: number
already in the neighborhood, architectural style of surrounding
structures, impact of this building type on the community,
neighborhood concerns, etc.
This request is for a two-story 10,476 square-foot home on 0.6 acre
lot which was recently established by replatting two lots into one.
The residence is proposed to be constructed with 100% “pure
cream” colored stucco. There will also be a dark red Spanish style
concrete tile roof, a cast-stone arched entryway with columns and a
combination of round and rectangular windows with brown accents
on the front elevation. This design is generally compatible with the
architectural elements of the homes existing in this neighborhood,
but it is noted that only three homes have stucco exteriors.
Although the scale of this home is significantly larger than those
existing in this neighborhood, it is similar to what is anticipated to be
constructed on the lot abutting to the south that also recently doubled
ITEM # 7
Page 3 of 3
in size though replatting. The proposed structure adheres to the
development regulations of the SF-12 district in terms of setbacks,
heights and lot coverage. Therefore, staff is supporting this request
subject to no significant opposition being received from the
neighbors.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1252-SF-12, St. Andrews Estates
Lot 19R, Block 1 for a 100% stucco home, subject to:
1. No significant written opposition being received from the property owners
along Inglenook Court.
2. A notation added to the Elevation Sheet stating that “Stucco shall be
cement plaster, finished by hand troweling over wire lath”.
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 with First Floor Plan
2. Elevations with Second Floor Plan
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
April 13, 2010
13
✔
PUBLIC HEARING
Consider approval of Case No. PD-171R2-HC, GTE Shared Services Addition (STMicroelectronics), Lot 1R2, Block 1, a
zoning change request from PD-171R-HC (Planned Development-171 Revised-Highway Commercial) to PD-171R2-HC
(Planned Development-171 Revision 2-Highway Commercial), to revise the Detail Site Plan to allow a 3,300-square-foot
screened mechanical yard along the southeast wall of the existing building on approximately 13.7 acres of property
located at the southeast corner of S.H. 121 and Coppell Road at 750 Canyon Drive.
No conditions.
On March 18, 2010 the Planning Commission unanimously
recommended approval of this ZONING CHANGE (4-0).
Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted in
favor, none opposed.
Staff recommends APPROVAL.
@03 PD-171R2-HC,GTESS,L1R2,B1-1 AR
ITEM # 6
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-171R2-HC, GTE Shared Services Addition
(STMicroelectronics) Lot 1R2, Block 1
P&Z HEARING DATE: March 18, 2010
C.C. HEARING DATE: April 13, 2010
STAFF REP.: Matthew S. Steer, City Planner
LOCATION: 750 Canyon Drive
SIZE OF AREA: 13.7 acres of property
CURRENT ZONING: PD-171R-HC (Planned Development-171 Revised-Highway
Commercial)
REQUEST: A zoning change to PD-171R2-HC (Planned Development-171
Revision 2-Highway Commercial), to revise the Detail Site Plan to
allow a 3,300-square-foot screened mechanical yard.
APPLICANT: Applicant: Engineer:
SP4 750 Canyon LP Pacheco Koch
515 S. Flower Street, Ste 3100 8350 N Central Expwy, Ste 1000
Los Angeles, CA 90071 Dallas, TX 75206
Phone: (214) 599-0411 Phone: (972) 235-3031
Fax: (972) 235-9544
HISTORY: The subject property was initially platted in 1981. The zoning on the
property was changed from LI to HC in 1991. It was changed again to
PD-171-HC in September 1998, allowing for the creation of two new
lots (Lots 1 & 2, Block 1) and to permit the development of two five-
story office buildings on Lot 1, Block 1. A Replat/Minor Plat was
approved at that time. The first of these buildings was constructed in
1999. The zoning was changed a third time in October 2000, allowing
ITEM # 6
Page 2 of 3
a revision to the previously approved signage. In March 2009, a
request was approved to replat Lot 1, Block 1 into two lots (Lot 1R1 &
1R2, Block 1) to allow for separate ownership of each lot. The
building on the new lot (Lot 1R1) has yet to be constructed. This
particular request relates to the existing development on Lot 1R2.
TRANSPORTATION: SH 121 is an existing four-lane divided highway with two-lane service
roads in a 440-foot-wide right-of-way. Canyon Drive is a 44-foot-wide
concrete two-lane street built within a 60-foot right-of-way. Coppell
Road is a two-lane undivided road, with 37 feet of pavement within
50 feet of right-of-way adjacent to this tract.
SURROUNDING LAND USE & ZONING:
North – vacant; C (Commercial) and PD-244-TH-2 (Planned Development-244-
Townhome-2)
South – office; HC (Highway Commercial)
East – vacant; HC (Highway Commercial)
West – State Highway 121 & DFW Trade Center; PD-136-LI (Planned
Development-136-Light Industrial) & City of Grapevine
COMPREHENSIVE PLAN: The Comprehensive Plan shows this property as suitable for
Freeway Commercial and Light Industrial/Showroom Uses.
DISCUSSION: This request is to permit a 3,300-square-foot screened mechanical
yard, modifying existing loading, parking and landscaped areas. The
proposal shows a conversion of 10 parking spaces and landscaped
area to a mechanical yard. The configuration of the existing loading
area will be slightly altered to include a black decorative metal gate
for access with the proposed mechanical equipment situated to the
south. Three affected Shumard Oaks are proposed to be
transplanted just east of the proposed mechanical yard. A 10-foot
solid wall constructed of a plaster material and painted to match the
building will extend southeast 23 feet from the existing 16-foot wall
and then northwest 75 feet along the northern boundary of the drive
aisle to the proposed gate at the entry to the loading area. Staff
believes the mechanical equipment is adequately screened and is
recommending approval of this request with no outstanding
conditions.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-171R2-HC, GTE Shared Services
Addition (STMicroelectronics) Lot 1R2, Block 1, with no outstanding conditions.
ITEM # 6
Page 3 of 3
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
3. Landscape Plan
STMICROELECTRONICS MECHANICAL YARDGTE SHARED SERVICES ADDITION
LOT 1R2, BLOCK 1
C0.1
SITE PLAN
DALLAS FORT WORTH HOUSTON
MAPSCO D1-Q
SITE DATA INFORMATION
(3) SHUMARD OAKT0BE RELOCATED ON-SITE(29) DWARFBURFORD HOLLYTO BE REMOVEDTREE PROTECTIONFENCING TO REMAINDURING CONSTRUCTION OFNEW MECHANICAL YARDREPAIR AND REPLACEEXISTING LANDSCAPEAND IRRIGATION TOREMAIN DUE TONEW CONSTRUCTION;INSTALL LAWN SOLIDSOD BERMUDAGRASS INNEW PARKING ISLANDSFUTURELIVE OAKFUTURELIVE OAKFUTURELIVE OAKFUTURECHINESE PISTACHEFUTURECHINESE PISTACHEFUTURESHUMARD OAKFUTURESHUMARD OAKFUTURE DWARFBURFORD HOLLYFUTURE DWARFBURFORD HOLLY705 S.F. TOTALLANDSCAPETO BE REMOVEDREPAIR AND REPLACEEXISTING LANDSCAPEAND IRRIGATION TOREMAIN DUE TONEW CONSTRUCTION;INSTALL LAWN SOLIDSOD BERMUDAGRASS INNEW PARKING ISLANDS(3) TRANSPLANTEDSHUMARD OAKST MIICRO MECHANICAL YARDLOT 1R2, BLOCK 1DALLAS FORT WORTH HOUSTON214.749.0333 fax214.206.3128 S TATEOFTEXAS4226KORINHAU GAN GTE SHARED SERVICES ADDITIONL1.01LANDSCAPE PLANMAPSCO D1-Q0609012018030SCALE IN FEET: 1"=60'-0"LANDSCAPE NOTES1. CONTRACTOR SHALL VERIFY ALL EXISTING ANDPROPOSED SITE ELEMENTS AND NOTIFY LANDSCAPEARCHITECT OF ANY DISCREPANCIES. SURVEY DATAOF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS.2. CONTRACTOR SHALL LOCATE ALL EXISTINGUNDERGROUND UTILITIES AND NOTIFY LANDSCAPEARCHITECT OF ANY CONFLICTS. CONTRACTOR SHALLEXERCISE CAUTION WHEN WORKING IN THE VICINITYOF UNDERGROUND UTILITIES.3. CONTRACTOR SHALL PROVIDE A MINIMUM 2% SLOPEAWAY FROM ALL STRUCTURES.4. ALL PLANTING BEDS AND LAWN AREAS TO BESEPARATED BY STEEL EDGING. NO STEEL EDGINGSHALL BE INSTALLED ADJACENT TO SIDEWALKS ORCURBS. CUT STEEL EDGING AT 45 DEGREE ANGLEWHERE IT INTERSECTS SIDEWALKS AND CURBS.5. ALL LAWN AREAS TO BE SOLID SOD BERMUDAGRASS,UNLESS OTHERWISE NOTED ON THE DRAWINGS.6. ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITHAN UNDERGROUND AUTOMATIC IRRIGATION SYSTEMAND SHALL INCLUDE RAIN AND FREEZE SENSORS.7. CONTRACTOR SHALL PROVIDE BID PROPOSAL LISTINGUNIT PRICES FOR ALL MATERIAL PROVIDED.8. CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAININGALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS.IRRIGATION REPAIR NOTES1. IRRIGATION SUBCONTRACTOR TO FLAG EXISTINGIRRIGATION IN THE FIELD THAT SHALL INCLUDE BUTNOT LIMITED TO: HEADS, VALVES, QUICK COUPLERS,MAINLINE, ETC.2. CONTRACTOR SHALL MAINTAIN INTEGRITY OFEXISTING SYSTEM AND SHALL INCLUDE IN BID:MATERIALS, LABOR, ETC. TO REPAIR EXISTINGIRRIGATION SYSTEM.3. ALL EXISTING MAINLINE SHALL BE LOCATED ANDCAPPED WHERE NECESSARY.4. EXISTING IRRIGATION SHALL BE MODIFIED TO PROVIDE100% COVERAGE OF NEW AREAS CONSTRUCTED.MAINTENANCE NOTES1. THE OWNER, TENANT AND THEIR AGENT, IF ANY,SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FORTHE MAINTENANCE OF ALL LANDSCAPE.2. ALL LANDSCAPE SHALL BE MAINTAINED IN A NEATAND ORDERLY MANNER AT ALL TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING,WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.3. ALL LANDSCAPE AREAS SHALL BE KEPT FREE OFTRASH, LITTER, WEEDS AND OTHER SUCH MATERIALOR PLANTS NOT PART OF THIS PLAN.4. ALL PLANT MATERIAL SHALL BE MAINTAINED IN AHEALTHY AND GROWING CONDITION AS ISAPPROPRIATE FOR THE SEASON OF THE YEAR.5. ALL PLANT MATERIAL WHICH DIES SHALL BEREPLACED WITH PLANT MATERIAL OF EQUAL ORBETTER VALUE.VICINITY MAPNOT TO SCALEPLANT LEGENDEXISTING RED OAKEXISTING CHINESE PISTACHEEXISTING LIVE OAKEXISTING SWEET GUMEXISTING ARISTROCRAT PEAREXISTING DWARF BURFORD HOLLYEXISTING ASIAN JASMINELANDSCAPE TABULATIONSCITY OF COPPELL, TEXASPROPOSED PD-171R-HC(Per approved landscape plan dated 8/27/98 by MESA)PERIMETER LANDSCAPE1. Street Frontage: 15' landscape buffer with one (1) tree,3" cal., per 50 l.f.2. Perimeter landscape: 10' landscape buffer along propertylines with one (1) tree, 3" cal., per 50 l.f.3. 30" ht. parking lot screen: hedge or berm.COPPELL ROAD - 979.26 l.f.Required Provided15' landscape buffer 15' landscape buffer(20) trees (20) existing trees30" ht. screen 30" ht. existing hedgeSTATE HIGHWAY 121 ACCESS ROAD - 1091.51 l.f.Required Provided15' landscape buffer 15' landscape buffer(22) trees (38) existing trees30" ht. screen 30" ht. existing hedgeCANYON DRIVE - 1164.48 l.f.Required Provided15' landscape buffer 15' landscape buffer(23) trees (23) trees30" ht. screen 30" ht. hedgePERIMETER LANDSCAPE AREARequired Provided60,332 s.f. 60,332 s.f.INTERIOR LANDSCAPERequired Provided71,187 s.f. (10%) 74,824 s.f.- 705 s.f. removed74,119 s.f.(186) trees (151) existing trees- (3) existing trees removed+(76) trees: Ph 1B (224) trees, total(231) islands (152) existing islands+(106) islands: Ph 1B (258) islands, totalOPEN SPACERequirements: 15% of lot not covered by buildings to belandscape open space. One (1) tree per 2500 s.f. of open space.TOTAL LOT AREA: 1,021,132 s.f.TOTAL BUILDING AREA: 100,241 s.f.NET AREA (Exclusive of building): 920,891 s.f.Required Provided138,134 s.f. (15%) 66,313 s.f.(55) trees (73) existing trees+(87) trees: Ph 1B (160) trees, totalSUMMARYTotal trees required: (306) treesTotal trees provided: (465) trees01TREE PROTECTIVE FENCINGNTSEXISTING GRADE TOREMAIN UNDISTURBEDMETAL T-POST ATEACH OF FOUR CORNERSSNOW FENCE, ORANGE VINYLCONSTRUCTION FENCE, ORCHAINLINK FENCEREFER TO PLAN FOREXISTING TREE TO REMAIN4'-0" MIN.3'-0"LIMITS OF DRIPLINETRANSPLANT NOTES1. TREES SHALL HAVE TEN (10") INCHES OF ROOTBALLWIDTH FOR EVERY ONE (1") INCH CALIPER OF TREE.2. TREES SHALL HAVE ONE-FOURTH (1/4) THE HEIGHT OFTHE TREE IN ROOTBALL DEPTH.3. TREES SHALL BE DUG EITHER BY HAND OR BY THE USEOF A TREE SPADE. TREE SPADE SHALL BE A MINIMUMOF 60".4. CONTRACTOR SHALL BE RESPONSIBLE FORMAINTAINING ALL TRANSPLANTED TREES IN THEEVENT THEY ARE UNABLE TO REPLANT THEMIMMEDIATELY AFTER DIGGING. CONTRACTOR SHALLCOORDINATE WITH OTHER TRADES SUCH THATDIGGING AND REPLANTING CAN OCCURSIMULTANEOUSLY.5. IN THE EVENT TRANSPLANTED TREES HAVE TO BEHELD ON SITE, IT SHALL BE THE RESPONSIBILITY OFTHE CONTRACTOR TO MAINTAIN THE TREES IN AHEALTHY AND GROWING CONDITION.6. THE FOLLOWING LIST SHALL BE USED AS GUIDELINESONLY FOR HOLDING OF TREES ON SITE:a. TREES SHALL BE SET ON GRADE WITH THEROOTBALL COMPLETELY COVERED WITH COMPOSTAND MULCH. NO ROOTBALL SHALL BE EXPOSED.b. TREES SHALL BE WIRED AND STAKED SUCH THATTHEY WILL NOT BLOW OVER.c. TREES SHALL BE WATERED DAILY BY HAND OR ATEMPORARY DRIP/TRICKLE IRRIGATION SYSTEMINSTALLED.7. REPLANTING TREES SHALL FOLLOW THE SAMEPLANTING TECHNIQUES AS OUTLINED IN THELANDSCAPE SPECIFICATIONS.
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
April 13, 2010
14
✔
PUBLIC HEARING
Consider approval of Case No. PD-222R5-LI, Duke Lesley Addition - Samsung, Lot 2, Block A, a zoning change request
from PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial) to PD-222R5-LI (Planned Development-222
Revision 5-Light Industrial), to revise the Detail Site Plan to allow additional fencing, two (2) guard houses, modification
of existing parking configuration, a new driveway location and two compactors, one behind a screening wall 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 at 240 Dividend Drive.
There are no outstanding P&Z conditions.
On March 18, 2010 the Planning Commission unanimously
recommended approval of this ZONING CHANGE (4-0).
Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted in
favor, none opposed.
Staff recommends APPROVAL.
@04 PD-222R5-LI, DLA-S, L2, BA-1 AR
ITEM # 5
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-222R5-LI, Duke Lesley Addition - Samsung
Lot 2, Block A,
P&Z HEARING DATE: March 18, 2010
C.C. HEARING DATE: April 13, 2010
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: 240 Dividend Drive
SIZE OF AREA: 36.17 acres of property
CURRENT ZONING: PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial)
REQUEST: A zoning change to PD-222R5-LI (Planned Development-222
Revision 5-Light Industrial), to revise the Detail Site Plan to allow
additional fencing, two (2) guard houses, modification of existing
parking configuration, new driveway location and two compactors,
one behind a screening wall.
APPLICANT: Owner: Architect:
Duke Realty GSR Andrade Architects
Mr. Brian Pierce Robert Croysdale
14241 N. Dallas Parkway 4121 Commerce St.
Suite 1000 Suite One
Dallas, TX. 75254 Dallas, TX. 75226
(972) 361-6700 (214) 722-4916
Fax: (972) 361-6800 Fax: (214) 722-4917
HISTORY: There has been considerable history on this parcel of land. Council
approved a zoning change from A (Agriculture) to LI (Light Industrial)
on a 112 acre parcel of the Duke Lesley property on December 12,
2006. On April 10, 2007, a rezoning was approved from LI (Light
Industrial) to PD-222-LI (Planned Development 222 Light Industrial)
ITEM # 5
Page 2 of 4
to allow a parking ration of one parking space per 5,000 square feet
for warehouse use and a living screen for truck courts instead of a
masonry wall on this property. Also approved at that time was a
Detail Site Plan and Plat to allow a 755,394 square foot
office/warehouse building on 36.2 acres of land (the property upon
which this current application is requested). In April of 2008, Council
approved an amendment to the PD conditions to allow for attached
building signage to exceed the size and number requirements of the
Zoning Ordinance for Hemispheres, a furniture warehouse use in the
west end of the current building. Parenthetically, the east end of the
same building currently houses the Samsung operation, the
applicant in this zoning request. In November of 2009, Council
approved an amendment to PD 222 (Revision 4) to allow a 253
space parking lot on 2.8 acres immediately east of the existing
building. The purpose of the parking lot was to accommodate
employees of the Samsung operation.
TRANSPORTATION: Dividend Drive is a four-lane divided thoroughfare contained within a
90 foot right-of-way and located to the immediate south of the request
area.
SURROUNDING LAND USE & ZONING:
North-Office/warehouse; PD-222R-LI (Planned Development-Light
Industrial)
South- vacant; PD-221R4-HC (Planned Development-221-Revision 4-
Highway Commercial)
East- parking lot; PD-222R4-LI (Planned Development-222-Revision 4-
Light Industrial)
West- Office/warehouse (same building); PD-222R3-LI (Planned
Development 222 Revision 3-Light Industrial)
COMPREHENSIVE PLAN:
The Comprehensive Plan of May 1996, as amended, shows the
property as suitable for light industrial/showroom uses.
DISCUSSION: There are a number of requests attached to this application ranging
from the installation of two guard stations, a curb cut making access
more efficient, construction of security fencing/gates, provision of
additional handicap and traditional parking spaces, and the addition
of two compactors for Samsung trash collection.
For the most part, we can support these requests as their inclusion in
the PD allows for a more efficient operation of the business. The
guard houses meet our masonry construction guideline, the access
drive meets city requirements for the most part, the parking spaces
ITEM # 5
Page 3 of 4
comply with our minimum dimensions, fencing is decorative metal at
the front of the building, and the gates have opticom and knox box
openers installed.
We do have some concerns. One, parking on the north end of the
building where 43 passenger-car spaces replace 44 truck spaces
approved in the original development needs additional detailing.
Two, the location of the compactor equipment on the south end of
the building needs revision.
With regard to parking configuration, it is not clear how automobile
parking works with a 12 inch curb potentially damaging the front end
of cars. Typically, concrete curbs are 6 inches tall. These curbs
were constructed at 12 inches for large 18 wheeler truck parking,
and the curbs need to be reduced to prevent auto damage. We also
need more detail on how the revised parking design works—is there
any additional grading, curb removal, elimination of landscaping on
the north, etc. In addition, there is some question regarding
circulation through this area for large trucks to reach the middle
portion of the main building which is currently unleased. Specifically,
it is doubtful that an 18 wheeler could make the turn at the west end
of the revised parking plan--the maneuvering space appears to be
too tight, and redesign appears to be in order.
Our other major concern relates to the location of the compactor at
the front of the building. Because this proposed compactor location
lines up with the main entrance to the building, it needs to be moved
to the west to avoid the visual negative effect it creates from building
front appearance. Although this concern was discussed with the
applicant, he argued the reason for the specified location related to
interior functioning of the building. We still feel the compactor could
be moved to the west out of the sight lines of the main entrance and
not adversely affect operation of the business.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following conditions:
1. Specify compactor size is 2 yards and specify width of compactor.
2. Provide more detail on how the parking is accommodated on the north end of
property.
3. Move compactor and screening wall on building front to the west out of sight-line of
main entry.
4. Explain note: “Waste container beyond—paint to match adjacent exterior wall” on
Sheet A4.10
ITEM # 5
Page 4 of 4
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 (Sheet A1.00)
2. Detail drawings (Sheet A 4.10)
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
April 13, 2010
15
✔
PUBLIC HEARING
Consider approval of a text amendment to the Code of Ordinances – Chapter 12-Zoning, ARTICLE 33. SCREENING
STANDARDS Sec. 12-33-1.6, to revise to read as follows: “Refuse storage areas for all uses other than single-family and
duplex dwellings shall be visually screened by a six foot high solid enclosure on all sides except the side used for
garbage pickup service, which shall have gates of solid screening material. These gates shall remain closed at all
times when not in use.”
See attached staff report.
On March 18, 2010 the Planning Commission unanimously
recommended approval of a text amendment to revise Sec. 12-33-1.6
of the Code of Ordinances - CH 12, Zoning, SCREENING STANDARDS
(4-0). Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted
in favor, none opposed.
Staff recommends APPROVAL.
@05 TA, Screening Stds, 12-33-1.6-1 AR
ITEM # 8
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: TEXT AMENDMENT
Screening Standards, Sec. 12-33-1.6
P&Z HEARING DATE: March 18, 2010
C.C. HEARING DATE: April 13, 2010
STAFF REP.: Marcie Diamond, Assistant Director of Planning
REQUEST: To amend Chapter 12, Zoning, ARTICLE 33. SCREENING
STANDARDS Sec. 12-33-1.6 – to read as follows “Refuse
storage areas not adjacent to an alley for all uses other than
single-family and duplex dwellings shall be visually screened
by a six foot high solid masonry fence enclosure on all sides
except the side used for garbage pickup service, such side
shall not be required to be screened., which shall have gates
of solid screening material. These gates shall remain closed
at all times when not in use”.
DISCUSSION: The current ordinance requires that all dumpsters be visually
screened, on three sides, and does not require gates. As a
standard operating procedure, when site plan approval is
processed though the Planning and Zoning Commission and
the City Council, staff requires gates, including the
specification of colors and materials. Generally, the site
plans that have been approved over the last 15+ years,
included gates on the dumpster enclosures. The Code
Enforcement Officers conducted a survey of the 381
dumpsters located in the City of Coppell. This survey
included dumpsters located in retail, commercial, institutional
and multifamily developments. Approximately 50% (190) of
the dumpsters were located in enclosures, and of those,
70% (136) have gates. While this text amendment appears
logical to formalize a policy that has been imposed through
the site plan approval process it appears that there are some
logistic and enforcement issues with it’s implementation.
ITEM # 8
Page 2 of 3
CONFLICT WITH FIRE LANE
Typically, when the dumpster is being emptied, the truck
queues in the fire lane. The amount of time the truck
obstructs the fire lane would be increased if the driver or
other personnel would be required to leave the truck and
manually open and close the gates. However, the increase
in time is estimated to be a minute or less. A related issue is
that oftentimes gates are left open and they intrude into the
fire lane. This problem can be addressed during site plan
review requiring the gates, whether open or closed, to
remain outside of the fire lane.
ENFORCEMENT
Building Inspection Department expressed a concern that
These gates shall remain closed at all times when not in use
poses a potential enforcement issue. Again, this has been a
standard condition imposed when site plans are approved
with dumpster gates. However, apparently this condition is
rarely adhered to. The enforcement of this regulation would
be the responsibility of the city’s Code Enforcement Officers.
Citing violators would be either as a response to a complaint
or if noticed during routine inspections. If a violation is found,
then the inspector would notify the property owner via a
letter requiring compliance within seven (7) days. If the
violator does not comply (closes the gates) the process to
achieve compliance could take up to four months and may
ultimately result in court action.
SURROUNDING MUNICIPALITIES
A survey of surrounding municipalities was conducted and
in:
• Irving and Southlake – gates are required, and they must
be closed;
• Grapevine – gates are required only if visible from a
residentially zoned district;
• Lewisville – gates not required;
• Carrollton – “case by case” basis; and
• Flower Mound – gates are not specified in their code,
however, they are required through the site plan approval
process.
Staff recognizes code enforcement personnel’s concern that
the monitoring of the opening and closing of the gates would
ITEM # 8
Page 3 of 3
be difficult and a possible enforcement problem. However,
the purpose of this text amendment is not only to require the
gates, but also to fulfill their intended purpose, which is to
screen the dumpsters. It is recommended that the gates be
closed, when not in use.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the amendment Chapter 12, Zoning,
ARTICLE 33. SCREENING STANDARDS Sec. 12-33-1.6 – to read as follows:
“Refuse storage areas not adjacent to an alley for all uses other than single-
family and duplex dwellings shall be visually screened by a six foot high solid
masonry fence enclosure on all sides except the side used for garbage pickup
service, such side shall not be required to be screened., which shall have gates
of solid screening material. These gates shall remain closed at all times when
not in use.
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
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
April 13, 2010
16
✔✔
RESOLUTION
Consider approval of a Resolution to close Sandy Lake Road at the intersection of Denton Tap Road to a distance of
144 feet west and 316 feet east and reduce Denton Tap Road to one lane northbound and one lane southbound for
a period of up to 30 calendar days from the beginning of work on replacement of the brick pavers; providing for a
penalty for road closure beyond 30 calendar days; providing for a variable bonus award for completion and road
re-opening in less than 30 calendar days; and authorizing the Mayor to sign and execute any necessary documents.
The City is preparing to bid the Denton Tap and Sandy Lake Road brick pavers replacement project. This project will
require closure of Sandy Lake Road for reconstruction of the intersection. The Contractor will maintain one lane
northbound and one lane southbound on Denton Tap Road. Approval of this item will authorize us to include this
information in the bid documents.
Staff will be available to answer any questions at the Council meeting.
Staff recommends approval of this Resolution.
#Sandy Lake Rd Closure
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: George Marshall, P.E., Civil Engineer
DATE: April 13, 2010
RE: Consider approval of a Resolution to close Sandy Lake Road at the
intersection of Denton Tap Road to a distance of 144 feet west and 316 feet
east and reduce Denton Tap Road to one lane northbound and one lane
southbound for a period of up to 30 calendar days from the beginning of
work on replacement of the brick pavers; providing for a penalty for road
closure beyond 30 calendar days; providing for a variable bonus award for
completion and road re-opening in less than 30 calendar days; and
authorizing the Mayor to sign and execute any necessary documents.
The engineering department is currently preparing to go out for bids for the reconstruction of the
intersection at Sandy Lake Road and Denton Tap Road. This project will include the replacement
of the brick pavers within the intersection with concrete pavement. In order to replace this
intersection, the road will need to be closed during construction.
The engineering department believes that this intersection can be reconstructed within 30
calendar days. The anticipated cost of construction for the intersection is $275,000.
We will include an incentive/disincentive within the bid documents specifically related to the
road closure. Once the closure begins they will have 30 calendar days to re-establish all lanes of
traffic through the intersection. If they are able to open the road to all lanes of traffic in less than
30 calendar days, they will earn a bonus of $3,000 per day. In the event this closure takes longer
than 30 calendar days, there will be damages assessed of $3,000 per day. There will be no bonus
for completion of the intersection after 30 calendar days. The total incentive payment for contract
time shall not exceed $36,000.
Closure of this road will cause an inconvenience to the residents and businesses along Sandy
Lake Road and Denton Tap Road. We understand this, and believe that providing the
incentive/disincentive structure will ensure that it is completed in a timely manner. We spent a
significant amount of time considering other alternatives to this road closure, and simply found
no cost effective way around it.
Approval of this resolution will allow staff to move forward with the process of bidding the brick
pavers replacement project from Sandy Lake Road to Denton Tap Road.
Staff will be available to answer any questions at the City Council meeting.
Denton Tap & Sandy LakeBrick Paver ReplacementCity of Coppell Project MA10-01Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\MA10-01 DT-SL Brick Paver\dwg\CC Exhibit\MA10-01 CC EXHIBITS.dwgCreated on: 31 March 2010 by George Marshall1/7
Denton Tap & Sandy LakeBrick Paver ReplacementCity of Coppell Project MA10-01Created in AutoCAD1 INCH = 100 FEET010050S:\CAD\In_Design\MA10-01 DT-SL Brick Paver\dwg\CC Exhibit\MA10-01 CC EXHIBITS.dwgCreated on: 31 March 2010 by George Marshall2/7
Denton Tap & Sandy LakeBrick Paver ReplacementCity of Coppell Project MA10-01Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\MA10-01 DT-SL Brick Paver\dwg\CC Exhibit\MA10-01 CC EXHIBITS.dwgCreated on: 31 March 2010 by George Marshall3/7
CoDenton Tap & Sandy LakeBrick Paver ReplacementCity of Coppell Project MA10-01Created in AutoCAD1 INCH = 1/2 MILE01/21/4S:\CAD\In_Design\MA10-01 DT-SL Brick Paver\dwg\CC Exhibit\MA10-01 CC EXHIBITS.dwgCreated on: 31 March 2010 by George Marshall4/7
Denton Tap & Sandy LakeBrick Paver ReplacementCity of Coppell Project MA10-01Created in AutoCAD1 INCH = 50 FEET05025S:\CAD\In_Design\MA10-01 DT-SL Brick Paver\dwg\CC Exhibit\MA10-01 CC EXHIBITS.dwgCreated on: 31 March 2010 by George Marshall5/7
NTYPICAL SECTION - PROPOSED CONCRETE BBNTSCITY OF COPPELLDALLAS COUNTY, TEXAS 46MA10-01
NCITY OF COPPELLDALLAS COUNTY, TEXAS 56MA10-01
NTYPICAL SECTION - PROPOSED CONCRETE BBNTSCITY OF COPPELLDALLAS COUNTY, TEXAS 66MA10-01
RESOLUTION NO. _________________
A RESOLUTION TO CLOSE SANDY LAKE ROAD AT THE
INTERSECTION OF DENTON TAP ROAD TO A DISTANCE OF 144 FEET
WEST AND 316 FEET EAST AND REDUCE DENTON TAP ROAD TO ONE
LANE NORTHBOUND AND ONE LANE SOUTHBOUND FOR A PEROD OF UP
TO 30 CALENDAR DAYS FROM THE BEGINNING OF WORK ON
REPLACEMENT OF THE BRICK PAVERS; PROVIDING FOR A PENALTY
FOR ROAD CLOSURE BEYOND 30 CALENDAR DAYS; PROVIDING FOR A
VARIABLE BONUS AWARD FOR COMPLETION AND ROAD RE-OPENING
IN LESS THAN 30 CALENDAR DAYS; AND AUTHORIZING THE MAYOR TO
SIGN AND EXECUTE ANY NECESSARY DOCUMENTS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Sandy Lake Road at the intersection of Denton Tap Road is planned to
undergo reconstruction in the near future; and
WHEREAS, during the period of said reconstruction, traffic on the street and intersection
will be severely impaired; and
WHEREAS, reconstruction of the intersection within the existing right-of-way requires
closure of Sandy Lake Road at the intersection of Denton Tap Road; and
WHEREAS, the Contractor shall maintain one lane northbound and one lane southbound of
Denton Tap Road; and
WHEREAS, after consideration the City Council has determined that it would be in the
best interest of the City and its citizens to provide for a more expedient and safer reconstruction
process by permitting the temporary closure of this portion of Sandy Lake Road at the intersection
of Denton Tap Road during the period of reconstruction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Mayor and Contractor is hereby authorized to undertake the
necessary steps to close Sandy Lake Road to through traffic for a period of 30 calendar days.
1
SECTION 2. That the Contractor is authorized and directed to cause the erection of signs
and official traffic control devices as is necessary and to give notice of alternate routes of travel as
provided herein.
SECTION 3. That this Resolution 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, this the _______ day of
___________________, 2010.
APPROVED:
_________________________________________
JAYNE PETERS, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
2
AGENDA REQUEST FORM DATE: April 13, 2010
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: April 13, 2010
ITEM #: 18
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Peters regarding Earthfest to be held on April 24th at Town
Center Plaza from 10 a.m. until 2 p.m.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM DATE: April 13, 2010
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: April 13, 2010
ITEM #: 20
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: April 13, 2010
Department Submissions:
Item Nos. 7 and 10/C were placed on the Agenda for the above-
referenced City Council meeting by the Parks Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Parks Department
Item Nos. 10/B and 16 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. 10/D, 10/E, 11, 12, 13, 14 and 15 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 Age da and Packet for the n
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)