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CP 2010-08-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 10, 2010 BOB MAHALIK Place 2 Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 KAREN HUNT Place 7 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:30 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, August 10, 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. ag081010 Page 1 of 6 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding the annual review of the written Investment Policy. B. Discussion regarding the William Peck Agreement for Architectural Services at the Main Street at Old Coppell Square. C. Discussion regarding possible future TML Resolutions and Legislative Agenda. D. Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 27, 2010. B. Consider approval of a Resolution calling a Special Election for November 2, 2010 to fill the vacancy of Mayor, and authorizing the Mayor Pro Tem to sign. C. Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. ag081010 Page 2 of 6 ITEM # ITEM DESCRIPTION D. Consider approval of an agreement with William Peck & Assoc., Inc., for design services related to site master planning, a pavilion, interactive fountain, a playground area, public restrooms and storage, on the 1.703 acre parcel within the proposed Main Street at Old Coppell development, in the amount of $80,750.00, and authorizing the City Manager to sign. E. Consider approval of Change Order Number 2 to the Bethel Road IIA (ST 03-01A) project in the amount of $98,431.33 for construction of an aerial sewer crossing of Grapevine Creek and minor utility adjustments, as provided for by Water and Sewer operating revenues; and authorizing the City Manager to sign all necessary documents. F. Consider approval of an Ordinance amending the Code of Ordinances, Chapter 8, Article 8-1, Section 8-1-4, to establish the maximum prima facie speed limit for a revised designated school zone on Southwestern Blvd.; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and providing an effective date, and authorizing the Mayor Pro Tem to sign and execute any necessary documents. G. Consider approval of an Ordinance for Case No. S-1093R-C, Taco Bell, a zoning change from S-1093-C (Special Use Permit-1093- Commercial) to S-1093R-C (Special Use Permit-1093 Revised – Commercial), to permit the addition of a drive-thru entry portal, an order point canopy and the replacement of the existing menu board on approximately one acre of property located at 115 North Denton Tap Road and authorizing the Mayor Pro Tem to sign. H. Consider approval of an Ordinance for Case No. S-1220R-TC, Verizon Wireless, a zoning change request from S-1220-TC (Special Use Permit-1220-Town Center) to S-1220R-TC (Special Use Permit- 1220 Revised-Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park and authorizing the Mayor Pro Tem to sign. END OF CONSENT ag081010 Page 3 of 6 ITEM # ITEM DESCRIPTION 9. PUBLIC HEARING: To receive public comment concerning the proposed 2010-11 Budget for the Coppell Crime Control and Prevention District. 10. To approve the proposed 2010-11 Budget for the Coppell Crime Control and Prevention District. 11. Consider approval of the certification of the 2010 anticipated collection rate for the period of July 1, 2010 through June 30, 2011, and the amount of excess debt collections during the period of July 1, 2009 through June 30, 2010. 12. Consider approval of a proposed tax rate of 0.69046 for the 2010 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 24, 2010 at 7:30 P.M. and a Special called meeting on August 31, 2010 at 6:00 P.M. 13. Consider approval of awarding RFP #0096 to New World Systems for the replacement of the City's Municipal Public Administration Software Application in the amount of $475,900 as budgeted and authorizing the City Manager to sign any necessary documents. 14. PUBLIC HEARING: To consider establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store, Inc. to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project. 15. Consider approval of an Ordinance establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, and authorizing the Mayor Pro Tem to sign. 16. Consider approval of the Old Town Addition, Lots 1-9, Blocks A-G, Preliminary Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street. ag081010 Page 4 of 6 ITEM # ITEM DESCRIPTION 17. Consider approval of the Old Town Addition, Lots 1-9, Blocks A-G, Final Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street. 18. PUBLIC HEARING: Consider approval of Case No. PD-237R-HC, QuikTrip, a zoning change request from A (Agriculture) to PD-237R-HC (Planned Development-237 Revised-Highway Commercial) to attach a detail site plan to allow a 4,900-square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive. 19. Consider approval of accepting the resignation of Wendy Dunn from the Library Advisory Board and advancing Stephen Smith up from an alternate to fill the unexpired term of Wendy Dunn. 20. City Manager's Report. A. Project Update and Future Agendas. 21. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 22. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Bob Mahalik, Mayor Pro Tem 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 6th day of August, 2010, at __________________. ____________________________________ Libby Ball, City Secretary ag081010 Page 5 of 6 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag081010 Page 6 of 6 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: August 10, 2010 ITEM #: ES-2 WORK SESSION A. Discussion regarding the annual review of the written Investment Policy. B. Discussion regarding the William Peck Agreement for Architectural Services at Main Street at Old Coppell Square. C. Discussion regarding possible future TML Resolutions and Legislative Agenda. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn AGENDA REQUEST FORM DATE: August 10, 2010 ITEM #: ES-3 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: August 10, 2010 ITEM #: 7 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary August 10, 2010 8/A ✔ PROCEDURAL Consider approval of minutes: July 27, 2010. Minutes of the City Council meetings held on July 27, 2010. Staff recommends approval. %minutes Cm072710 Page 1 of 7 MINUTES OF JULY 27, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 27, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Karen Hunt, Councilmember Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Pro Tem Mahalik called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the duties and responsibilities of the Mayor Pro Tem. 2. Receive legal advice from the City Attorney concerning claim or claims as a result of the incident of July 13, 2010. 3. Discussion regarding the Northlake Property. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. East of Freeport Parkway and north of Bethel Road. 2. South of Bethel Road and west of S. Coppell Road. Mayor Pro Tem Mahalik convened into Executive Session at 5:45 p.m. Mayor Pro Tem Mahalik adjourned the Executive Session at 6:58 p.m. and opened the Work Session. Cm072710 Page 2 of 7 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the November 2 Election. B. Discussion regarding Aerial Sewer Crossing. C. Discussion regarding City participation for maintenance and electric costs associated with lighting along S.H. 121. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Dennis Wilkinson, First United Methodist Church, led those present in the Invocation. 6. Pledge of Allegiance. Mayor Pro Tem Mahalik led those present in the Pledge of Allegiance. 7. Report by Coppell Economic Development Committee. Presentation: Bill Rohloff, Chair, made the board’s semi-annual presentation to Council. 8. Citizens' Appearances. Mayor Pro Tem Mahalik advised no one signed up to speak. 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 13, 2010. Cm072710 Page 3 of 7 B. Consider approval of accepting the resignation of Greg Jenkins from the Economic Development Committee and appointing Adam Darowski to fill the unexpired term. C. Consider approval of a Resolution to reduce Denton Tap Road to one lane southbound, and one lane northbound along Denton Tap at the intersection of Bethel Road for a period of up to 40 calendar days from the beginning of work; and authorizing the Mayor Pro Tem to sign and execute any necessary documents. D. Consider approval of a consulting services contract for health benefit consulting services and other related benefit/wellness programs with Brinson Benefits, Inc. in the amount of $154,309.00 and authorizing the City Manager to sign. E. Consider approval of awarding a Request for Proposal (RFP) #0101 for the procurement of medical stop loss insurance to ING in the amount of $304,685 and authorizing to City Manager to sign all necessary documents. F. Consider approval of awarding a Request for Proposal (RFP) #0101 to Prudential Insurance Company of America (Prudential) for group Life/AD&D insurance in the amount of $52,428.00 and long term disability insurance in the amount of $41,028.00 for a total premium of $93,456.00 and authorizing the City Manager to sign all necessary documents. G. Consider approval of an addendum to the current Administrative Services Agreement for the third party administrative services with UMR, Inc. in the amount of $145,722.40 and authorizing the City Manager to sign all necessary documents. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2010-0727.1, D, E, F and G. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik Cm072710 Page 4 of 7 and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 10. Consider approval of award of Bid #Q-0710-01 for the Tax 2009 street reconstruction project in the amount of $1,202,180 to RKM Utilities for construction of Heartz Road and Clear Creek Lane, and in the amount of $337,835 to Conatser Construction for construction of Dobecka Drive, as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. Action: Councilmember Franklin moved to approve the award of Bid #Q-0710-01 for the Tax 2009 street reconstruction project in the amount of $1,202,180 to RKM Utilities for construction of Heartz Road and Clear Creek Lane, and in the amount of $337,835 to Conatser Construction for construction of Dobecka Drive, as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. Councilmember Hunt seconded the motion; the motion carried 5-0-2 with Mayor Pro Tem Mahalik and Councilmembers Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. Councilmembers Brancheau and Faught abstained, with the abstention counting as a vote in favor of the motion, per the Home Rule Charter, Section 3.11B. 11. Consider approval of an Ordinance amending the Code of Ordinances, Chapter 8, Traffic Regulations, by adding Section 8- 2-13, providing the City Manager or designee authorization to temporarily close public streets, alleys and/or rights-of-way for the purpose of construction or repair; providing for the installation of appropriate traffic control devices in accordance with the Texas Manual of Uniform Traffic Control Devices; and authorizing the Mayor Pro Tem to sign and execute any necessary documents. Cm072710 Page 5 of 7 Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. Action: Councilmember Brancheau moved to approve Ordinance No. 2010-1252 amending the Code of Ordinances, Chapter 8, Traffic Regulations, by adding Section 8-2-13, providing the City Manager or designee authorization to temporarily close public streets, alleys and/or rights-of- way for the purpose of construction or repair; providing for the installation of appropriate traffic control devices in accordance with the Texas Manual of Uniform Traffic Control Devices; and authorizing the Mayor Pro Tem to sign and execute any necessary documents. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips reminded Council of the Final Budget Workshop on July 29th. The next Council meeting will be August 10th with August 24th and August 31st as Public Hearings on the tax rate and budget. Mr. Phillips also spoke of the ConnectCTY call for the missing person. He apologized for the test message around 10:45pm, but stated the use of the system was appropriate. A call was placed around midnight confirming the person had been found. Mr. Phillips said staff is reviewing the system to build their skills and tighten the geographical radius for future calls. They have been returning calls to apologize for the disruption and asks for the community’s forgiveness. 13. Mayor Pro Tem and Council Reports. A. Report by Mayor Pro Tem Mahalik regarding the upcoming music series hosted by the Parks Department. A. Mayor Pro Tem Mahalik announced the Parks Department is holding its Summer Music Series in the Town Center Plaza on Fridays in August between 7:30-9:30 p.m. Food, drinks and kids’ items will be Cm072710 Page 6 of 7 available for sale on a cash basis only. Everyone is encouraged to attend. 14. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. 15. 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 –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 reported longtime Riverchase Elementary principal, Jody Williams, will now be at Stark Elementary. Matthew Warnock will be the new principal at Barbara Bush Middle School. The 1st day of school is August 23rd with Pre-K starting on August 30th. LISD set the tax rate at the July 12th meeting. A tax ratification election will be held on September 14th. The school district is seeking nominations from the community for a Bible Course Task Force at the high school. B. Councilmember Hinojosa-Flores announced the New Teacher Breakfast will be held on August 10th at CMS North. Also, CISD will start school on August 23rd. C. Councilmember Faught stated the following events are scheduled: August 10th – Le Cordon Bleu Cooking School; August 17th – Ripley’s Believe It or Not; August 31st – Walking Art Tour at DFW Airport; August 13th – New Member Social; August 18th – Luau Happy Hour; August 25th – Potluck Birthdays; August 27th – Root Beer Float Friday and September 27-28 – Marksville, LA. Cm072710 Page 7 of 7 D. Councilmember Hunt said DRMC is continuously working on overall transportation mobility for the North Texas area. E. Nothing to report. F. Councilmember Tunnell informed Council that Baylor Carrollton, formerly Trinity Medical Center, has started the expansion and renovation project of their Surgical Suite, scheduled for completion next year. G. Nothing to report. H. Councilmember Hinojosa-Flores announced the next meeting will be September 23rd. They are currently recruiting volunteer nurses and Spanish translators. I. Councilmember Franklin said Metrocrest Social Service is searching for a new space. They are also raising funds for Challenge 2010: Growing to Impact Lives. J. Councilmember Tunnell reported that June 18th was the 44th Annual General Assembly meeting. A new Executive Board was elected and awards were given. K. Councilmember Hunt stated Dan Petty turned over the NTC President position to Mabry Jackson this month. Also, the Inaugural Leadership North Texas Program graduated 27 leaders from across the region. L. Councilmember Franklin announced the annual Board Retreat was held June 25th and 26th. Bob Garza is the new chair as Gary Frye has moved to St. Louis. Mark your calendars for Tee It Up for Seniors on October 4th. 16. Necessary action resulting from Executive Session. No action necessary. ____________________________________ Bob Mahalik, Mayor Pro Tem 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 Secretary August 10, 2010 8/B ✔ RESOLUTION Consider approval of a Resolution calling a Special Election for November 2, 2010 to fill the vacancy of Mayor, and authorizing the Mayor Pro Tem to sign. This election is being called pursuant to Article 11, Section 11 of the Texas Constitution which states that an election to fill a vacancy must be held within 120 days of the occurrence of the vacancy. Staff recommends approval. %election MEMORANDUM TO: Mayor Pro Tem and City Council FROM: Libby Ball, City Secretary DATE: August 10, 2010 RE: Resolution calling a Special Election for November 2, 2010 to fill the vacancy of Mayor Pursuant to Article XI, Section 11 of the Texas Constitution the City of Coppell must call an election to fill a vacancy within 120 days of the occurrence of the vacancy. The vacancy of Mayor occurred on July 13, 2010 and the scheduled November 2, 2010 election falls within the 120 day-period. This agenda item provides for the calling of an election to be held on November 2, 2010 to fill the vacancy of Mayor. Furthermore, the Texas Election Code provides that in a November election, county precincts must be used to determine the polling places. This agenda item also provides for the City to contract with both Dallas and Denton counties to conduct the election in order to meet the requirement for the county precinct polling places. The Resolution sets out the early voting dates and times. Early voting locations in both counties have not been fully determined at this time and will be posted and published as soon as the city is notified. Because we are participating in this election, we will have an early voting location for Dallas County residents at Town Center and Dallas County citizens of Coppell are eligible to vote at Town Center or any other Dallas County Early Voting location. Denton County citizens of Coppell will early vote at any of the Denton County Early Voting locations, but they have not yet all been determined. Every effort will be made to assure that all voters are made aware of their voting locations, both for early voting and on election day. Staff recommends approval of the Resolution calling the Election and is available to answer questions. CITY OF COPPELL, TEXAS RESOLUTION NO. ___________________ ORDER OF SPECIAL ELECTION November 2, 2010 BE IT REMEMBERED THAT on this the 10th day of August, 2010, at a duly posted meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS HEREBY ORDERED that a special election be held on the 2nd day of November, 2010, 7:00 a.m. to 7:00 p.m., as a result of a vacancy being created in the office of the Mayor, for the purpose of electing a Mayor to fill such unexpired term. The election shall be held as a Joint Election administered by the Dallas County Elections Administrator and the Denton County Elections Administrator, respectively, in accordance with the provisions of the Texas Election Code and a Joint Election Agreement with each of the respective counties. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such unexpired term of the Mayor or until his or her successor is duly elected and qualified. In the event any candidate for said office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held. If a run-off election becomes necessary, the run-off election will be held on Saturday, December 11, 2010. The Dallas County Elections Administrator and the Denton County Elections Administrator, respectfully, will conduct the Election. A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed in accordance with the Joint Election Agreements. Page 1 TM 44455.2.71910 Early voting by personal appearance will be conducted on weekdays beginning Monday, October 18, 2010 through Friday, October 22, 2010, 8:00 a.m. - 5:00 p.m.; Saturday, October 23, 2010, 7:00 a.m. - 7:00 p.m.; Sunday, October 24, 2010, 1:00 p.m. - 6:00 p.m.; Monday, October 25, 2010 through Friday, October 29, 2010, 7:00 a.m. - 7:00 p.m. Qualified residents of Coppell may vote early in the Joint Election by personal appearance at any of the other branch locations, as published by Dallas County and by Denton County, respectively, in accordance with the Joint Election Agreements. Application for a ballot by mail shall be mailed: for Dallas County, to: Bruce R. Sherbet Chief Deputy Early Voting Clerk Dallas County Elections Department Health & Human Services Building 2377 N. Stemmons Freeway, Suite 820 Dallas, Texas 75207 for Denton County, to: Frank Phillips Elections Administrator Denton County Elections Department P.O. Box 1720 Denton, Texas 76202 Application for ballot by mail must be received no later than the close of business on October 26, 2010. The City Secretary shall present such returns to the City Council for the canvassing of said election. The canvass of said election returns shall be conducted by the City Council not earlier than the 8th day nor later than the 13th day after the election. Page 2 TM 44455.2.71910 DULY ORDERED by the City Council of the City of Coppell, Texas the 10th day of August, 2010. APPROVED: BOB MAHALIK, MAYOR PRO TEM CITY OF COPPELL, TEXAS ATTEST: LIBBY BALL, CITY SECRETARY CITY OF COPPELL, TEXAS APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY Page 3 TM 44455.2.71910 AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS DECRETO NÚM. _________________ MANDATO DE CONVOCAR A UNA ELECCIÓN ESPECIAL 2 de noviembre de 2010 HÁGASE A MANERA DE RECORDATORIO que en este día 10 del mes de agosto del año 2010, en una reunión debidamente notificada del Ayuntamiento del Municipio de Coppell, Texas, y estando presente el quórum, la reunión se llamó al orden y el ayuntamiento promulgó el mandato a continuación: POR ESTE CONDUCTO SE ORDENA que se lleve a cabo una elección especial el día 2 de noviembre del año 2010 de las 7:00 a.m. a las 7:00 p.m., como resultado de una vacante que se abre en el recinto de la Alcaldía, con el propósito de elegir a un Alcalde que deberá ocupar la gestión del cargo público aún sin fenecer. La elección se llevará a cabo como una elección conjunta administrada por el Administrador de Elecciones del Condado de Dallas y el Administrador de Elecciones del Condado de Denton, respectivamente, apegándose a lo que establecen las cláusulas del Código Electoral de Texas y un Convenio Electoral Conjunto con cada uno de los condados respectivos. El candidato a ocupar dicho cargo público, a quien se le haya otorgado la mayoría de todos los votos decisivos entre todos los candidatos a ocupar dicho cargo público, será electo para prestar sus servicios durante esa gestión aún sin fenecer o hasta que su sucesor(a) sea debidamente electo(a) y cumpla con las cualidades establecidas. En caso de que cualquier candidato a dicho cargo público no logre acumular la mayoría de los votos decisivos entre todos los candidatos a ocupar dicho cargo público, se llevará a cabo una segunda ronda de elecciones posterior a la primaria. Si llegase a ser necesaria una segunda Página 1 TM 44455.2.71910 ronda de elecciones posterior a la primaria, dicha ronda de elecciones se llevará a cabo el sábado 11 de diciembre del año 2010. El Administrador de Elecciones del Condado de Dallas y el Administrador de Elecciones del Condado de Denton serán quienes dirijan dicha elección. Se nombrará a un juez electoral y un juez electoral alterno quienes presidirán los comicios electorales apegándose a lo que establecen los Convenios de Elecciones Conjuntas. El ejercicio del voto anticipado, en persona, podrá ejercerse durante los días hábiles a partir del lunes 18 de octubre de 2010, hasta el viernes 22 de octubre de 2010, de las 8:00 a.m. a las 5:00 p.m., el sábado 23 de octubre de 2010 de las 7:00 a.m. a las 7:00 p.m., el domingo 24 de octubre de 2010 de la 1:00 p.m. a las 6:00 p.m., y desde el lunes 25 de octubre de 2010 hasta el viernes 29 de octubre de 2010 de las 7:00 a.m. a las 7:00 p.m. Los habitantes que residan en Coppell y cumplan con los requisitos, podrán ejercer el voto anticipado en la Elección Conjunta y en persona, en cualquier otra casilla electoral, según lo publique tanto el Condado de Dallas como el Condado de Denton, apegándose a los Convenios de la Elección Conjunta. Las solicitudes de boletas electorales por correo deberán enviarse a: para el Condado de Dallas, a: Bruce R. Sherbet Chief Deputy Early Voting Clerk Dallas County Elections Department Health & Human Services Building 2377 N. Stemmons Freeway, Suite 820 Dallas, Texas 75207 para el Condado de Denton, a: Frank Phillips Elections Administrator Denton County Elections Department P.O. Box 1720 Denton, Texas 76202 Página 2 TM 44455.2.71910 Las solicitudes de las boletas electorales por correo deberán recibirse antes del cierre oficial del día 26 de octubre de 2010. La Secretaria del Ayuntamiento deberá presentar las boletas devueltas para el conteo general de dichas elecciones y ante el Ayuntamiento Municipal. El conteo general de las boletas electorales devueltas de dichas elecciones deberá llevarse a cabo por conducto del Ayuntamiento Municipal no antes del 8o. día ni después del 13o. día posterior a las elecciones. DEBIDAMENTE ORDENADO por el Ayuntamiento Municipal de Coppell, Texas el día 10 de agosto del año 2010. APROBADO: BOB MAHALIK, ALCALDE INTERINO AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS ATESTIGUÓ: LIBBY BALL – SECRETARIA DEL AYUNTAMIENTO AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS APROBADO POR SU CONTENIDO Y FORMA: ROBERT E. HAGER – PROCURADOR DE JUSTICIA DEL MUNICIPIO Página 3 TM 44455.2.71910 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 10, 2010 8/C ✔✔ PROCEDURAL Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. As required by the Public Funds Investment Act, the Investment Policy must be reviewed on an annual basis. Staff has reviewed the policy and recommends no changes at this time. Furthermore, our investment policy has been reviewed by the Government Treasurers' Organization of Texas Review Committee to ensure it meets the requirements of the Texas Public Funds Investment Act. Our investment policy originally received the Certificate of Distinction Award on July 10, 2001, and has subsequently been recertified on a biannual basis. The current Certification of Investment Policy is effective for a two-year period ending December 31, 2011. The GTOT has indicated our policy meets the criteria set forth in the investment policy review checklist, and is an excellent example of a comprehensive written investment policy. Staff recommends approval. $InvestmentPolicy=1AR(Consent) Government Treasurersy Organization of Texas Certification of lnvestment Policy Presented to City of CoppeGG for developing an investment policy that meets the requirements of the Public Funds lnvestment Act and the standards for prudent public investing established by the Government Treasurers' Organization of Texas. Government Treasurers' 0rganizaGon of Texas President lnvestment Policy Review Committee Chairperson For the two-year period ending December 31, 201 1 1 INTRODUCTION The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. The City Council of the City of Coppell shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement of Chapter 2256, Texas Government Code as amended, to define, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Coppell maintains portfolios utilizing four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios: A. Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short-to- medium-term securities which will complement each other in a laddered or barbell maturity structure. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity date of each security. B. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the debt service payment date. C. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities. Volatility shall be further controlled through maturity and quality range, without paying premium, if at all possible. Such securities will tend to hold their value during economic cycles. D. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. 2 INVESTMENT POLICY I. SCOPE This investment policy applies to all financial assets of the City of Coppell. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include: * General Fund * Special Revenue Funds * Debt Service Funds * Capital Projects Funds * Proprietary Funds * Trust and Agency Funds * Component Units II. OBJECTIVES The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum cash availability and maximum yield on short-term investment of pooled idle cash. Safety The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether they are from securities default or erosion of market value. Liquidity The City's investment portfolio shall be structured such that the City is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. 3 Yield The City's cash management portfolio shall be designed with the objective of regularly exceeding the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek to augment returns above this threshold consistent with risk limitations identified herein and prudent investment polices. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. III. RESPONSIBILITY AND CONTROL Investment Committee An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational strategies and to monitor results. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, annually adopt the qualified bidders list, and the target rate of return on the investment portfolio. Delegation of Authority and Training Authority to manage the City's investment program is derived from a resolution of the City Council. The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated as the investment officers of the City and are responsible for investment decisions and activities. The Director of Finance shall establish written procedures for the operation of the investment program, consistent with this investment policy. The investment officers shall attend at least one ten (10) hour training session from an independent source approved by the governing body relating to the officer's responsibility under the Act within 12 months after assuming duties. Additionally, once every two years, ten (10) hours of instruction must be obtained from an independent source. Sources of authorized independent training are those sponsored by:  Government Finance Officers Association (G.F.O.A.)  Government Finance Officers Association of Texas (G.F.O.A.T.)  Government Treasurers Organization of Texas (G.T.O.T.)  University of North Texas - Center for Public Management  Texas Tech - Center for Professional Development 4 Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation costs and benefits require estimates and judgements by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: A. Control of collusion. B. Separation of transaction authority from accounting and record keeping. C. Custodial safekeeping. D. Avoidance of physical delivery securities. E. Clear delegation of authority to subordinate staff members. F. Written confirmation for telephone (voice) transactions for investments and wire transfers. G. Development of a wire transfer agreement with the depository bank or third party custodian. Prudence The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: A. The investment of all funds, or funds under the City's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment. B. Whether the investment decision was consistent with the written investment policy of the City. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, providing that these deviations are reported immediately and that appropriate action is taken to control adverse developments. 5 Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. IV. REPORTING Quarterly Reporting The Director of Finance shall submit a signed quarterly investment report that summarizes current market conditions, economic developments and anticipated investment conditions. The report shall summarize investment strategies employed in the most recent quarter, and describe the portfolio in terms of investment securities, maturities, risk characteristics, and shall explain the total investment return for the quarter. Annual Report Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report on the investment program and investment activity. This report may be presented along with the Comprehensive Annual Financial Report to the City Manager and City Council. Methods The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner that will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The reports shall be formally reviewed at least annually by an independent auditor, if investments are other than those offered by the City's depository. The portfolio shall be marked to market monthly. The market value of the securities is to be provided by the City's depository or by a third party valuation service. 6 The report will be provided to the City Manager and City Council. The report will include the following: A. A listing of individual securities (investment position) held at the end of the reporting period. B. Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. C. Additions and changes to the market value during the period. D. Average weighted yield to maturity of portfolio on entity investments as compared to applicable benchmark. E. Listing of investment by maturity date. F. The percentage of the total portfolio each type of investment represents. G. Statement of compliance of the City's investment portfolio with State Law and the investment strategy and policy approved by the City Council. H. Prepared and signed by the investment officers. I. Fully accrued interest for the period. J. States account or fund for each investment. V. INVESTMENT PORTFOLIO The City shall pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio, the available markets, and the relative value of competing instruments, and will adjust the portfolio accordingly. Investments Assets of the City of Coppell may be invested in the following instruments; provided, however, that at no time shall assets of the City be invested in any instrument or security not authorized for investment under the Act, as the Act may from time to time be amended. I. Authorized A. Obligations of the United States of America, its agencies and instrumentalities. B. Direct obligations of the State of Texas or its agencies and instrumentalities. C. Other obligations, the principal of and interest on which are unconditionally guaranteed by the State of Texas or United States of America. 7 D. Obligations of the State, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "A" or its equivalent. E. Certificates of Deposit of state and national banks with a branch in Texas, guaranteed or insured by the Federal Deposit Insurance or its successor or secured by obligations described in A through D above, which are intended to include all direct agency or instrumentality issued mortgage backed securities rated AAA by a nationally recognized rating agency and that have a market value of not less than the principal amount of the certificates. F. Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities. These shall be pledged to the City of Coppell, held in the City’s name, and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. A Master Repurchase Agreement must be signed by the bank\dealer prior to investment in a repurchase agreement. All repurchase agreement transactions will be on a delivery versus payment basis. Securities received for repurchase agreements must have a market value greater than or equal to 105 percent at the time funds are disbursed. G. Local government investment pools that have been authorized by the governing body by rule, ordinance or resolution. The investment pool must maintain a rating no lower than AAA or AAA-M by at least one nationally recognized rating service. Investment in such pools shall be limited to 50% of the City’s entire portfolio, with no more than 25% of the entire portfolio invested in any one authorized pool. H. No-load money market mutual funds that are registered and regulated by the Securities and Exchange Commission, that has a dollar weighted average stated maturity of 90 days or fewer and includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. I. No-load mutual funds that are registered with the Securities and Exchange Commission, having an average weighted maturity of less than two years and is invested or secured in obligations described in A through D above. The fund must maintain a rating of AAA, or its equivalent by at least one nationally recognized rating firm. The fund must conform to the requirements relating to the eligibility of investment pools. Investments in mutual funds shall be limited to 10% of the City's monthly fund balance, excluding bond proceeds and reserves and other funds held for debt service. 8 II. Not Authorized The City's authorized investments options are more restrictive than those allowed by State law. State law specifically prohibits investment in the following investment securities. A. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage backed security collateral and pays no principal. B. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. C. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. D. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Holding Period The City of Coppell intends to match the holding periods of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City's operating funds exceed one year. The maximum final stated maturity of any investment shall not exceed five years. Investments in all funds shall be managed in such a way that the market price losses resulting from interest rate volatility would be offset by coupon income and current income received from the volume of the portfolio during a twelve month period. Risk and Diversification The City of Coppell recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines; A. Risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein. B. Risk of market price changes shall be controlled by avoiding over- concentration of assets in a specific maturity sector, limitation of average maturity of operating funds investments to one year, and avoidance of over- concentration of assets in specific instruments other than U.S. Treasury Securities and insured or Collateralized Certificates of Deposits. C. Risk of illiquidity due to technical complications shall be controlled by the selection of securities dealers as described herein. D. All prudent measures will be taken to liquidate an investment that is downgraded to less than our minimum stated required rating. 9 VI. SELECTION OF BANKS AND DEALERS Depository At least every five (5) years a Depository shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP). In selecting a depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. Certificates of Deposit Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase program shall submit for review annual financial statements, evidence of federal insurance and other information as required by the Director of Finance. Qualified Representatives Investment officials shall not knowingly conduct business with any firm with whom public entities have sustained losses on investments. All qualified representatives shall provide the City with references from Public entities they are currently serving. All financial institutions and qualified representatives who desire to become qualified bidders for investment transactions must supply the following as appropriate: - audited financial statements - proof of National Association of Securities Dealers (NASD) certification - proof of state registration - completed broker/dealer questionnaire - certification of having read the City's investment policy signed by an qualified representative of the organization - Acknowledgement that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization The investment officers are precluded from purchasing an investment from a representative who has not delivered the written certification An annual review of the financial condition and registration of qualified bidders will be conducted by the Director of Finance. Competitive Bids Competitive quotes must be taken from at least three (3) qualifying financial institutions or broker/dealers for any investment transaction involving an individual security. Investment transactions should include written confirmation of offers on the Investment Bid Tabulation form. 10 VII. SAFEKEEPING AND CUSTODY Insurance or Collateral All deposits and investments of City funds other than direct purchases of U.S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 105% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party financial institution. The City’s Depository Agreement shall specify the acceptable investment securities for collateral, the substitution or release of investment securities, ownership of securities, and the method of valuation of securities. Repurchase agreements shall be documented by a specific agreement noting the collateral pledge in each agreement. Collateral shall be reviewed monthly to assure that the market value of the pledged securities is adequate. Safekeeping Agreement Collateral pledged to secure deposits and investments of the City shall be held by a safekeeping institution in accordance with a Safekeeping Agreement which clearly defines the procedural steps for gaining access to the collateral should the City of Coppell determine that the City's funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the firm pledging the collateral. The safekeeping agreement shall include the signatures of authorized representatives of the City of Coppell, the firm pledging the collateral, and the Trustee. Collateral Defined The City of Coppell shall accept only the following securities as collateral: A. FDIC and FSLIC insurance coverage. B. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured by the State of Texas. D. A bond of the State of Texas or of a county, city or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of five (5) years or less. Subject to Audit All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. 11 Delivery vs. Payment Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the delivery vs. payment method. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the Trustee. The security shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. VIII. INVESTMENT POLICY ADOPTION The City of Coppell investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed for effectiveness on an annual basis by the Investment Committee and any modifications will be recommended for approval to the City Council. 12 GLOSSARY of COMMON TREASURY TERMINOLOGY Agencies: Federal agency securities. Ask: The price at which securities are offered. Bid: The price offered for securities. Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides. In the money market, brokers are active in markets, in which banks buy and sell money, and in interdealer markets. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. Collateral: Securities, evidence of deposit or other property that a borrower pledges to secure repayment of loan. Also refers to securities pledged by a bank to secure deposits of public monies. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Coppell. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Discount Securities: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, such as U.S. Treasury bills. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, such as Savings and Loans, small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently set by the Federal Reserve through open-market operations. Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open-market as a means of influencing the volume of bank credit and money. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass-throughs is often used to describe Ginnie Maes. Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. Market Value: The price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: To protect investors, many public investors will request that repurchase agreements be preceded by a master repurchase agreement between the investor and 13 14 the financial institution or dealer. The master agreement should define the nature of the transaction, identify the relationship between the parties, establish normal practices regarding ownership and custody of the collateral securities during the term of the investment, provide remedies in the case of default by either party and clarify issues of ownership. The master repurchase agreement protects the investor by eliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the agreement. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances) are issued and traded. Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers banks and a few unregulated firms. Prudent Person Rule: An investment standard. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (RP of REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and their terms of the agreement are structured to compensate him for this. 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 August 10, 2010 8/D ✔ CONTRACT/BID or PROPOSAL Consider approval of an agreement with William Peck & Assoc., Inc., for design services related to site master planning, a pavilion, interactive fountain, a playground area, public restrooms and storage, on the 1.703 acre parcel within the proposed Main Street at Old Coppell development, in the amount of $80,750.00, and authorizing the City Manager to sign. See attached memo Funds for this contract will need to be provided by Undesignated General Fund Fund Balance. Staff recommends approval of this Agreement ^Peck Agreement-1AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 10, 2010 To: Mayor Pro Tem and City Council From: Brad Reid, Director Re: Consider approval of an Agreement for Professional Services with William Peck & Assoc., Inc., for design services related to site master planning, a park pavilion, interactive fountain, a playground area, public restrooms and storage, on the 1.703 acre parcel within the proposed development for Main Street at Old Coppell, in the amount of $80,750, and authorizing the City Manager to sign. Background: The city has been working with Mr. Peck for many months to develop conceptual ideas related to the “City Square” at the proposed Main Street at Old Coppell development. These discussions have lead to negotiations with Mr. Peck to formalize an agreement for architectural, landscape architectural and engineering services for the design, construction documentation and construction administration of a pavilion, interactive fountain, playground and a public restroom/storage facility. This agreement includes proposals from Freese and Nichols, Inc., for geotechnical and Civil Engineering services, and Feldman Design Studios for landscape architectural services. These proposals are attached to and incorporated into the agreement with William Peck & Assoc. There are additional stipulations for general Reimbursable costs such as copies, deliveries, etc., and Mechanical/Electrical/Plumbing Engineering, all of which will be paid for on an as needed basis. The services and associated fees are as outlined below. Architectural Services $47,500.00 Landscape/Irrigation design $5,250.00 F/N Geotechnical Investigation $6,700.00 F/N Site Civil Design $13,900.00 F/N Construction Administration $2,600.00 General Reimbursable Expenses (est.) $2,800.00 MEP Engineering (est.) $2,000.00 TOTAL $80,750.00 City Council Action requested: Consideration of approval of this item. Staff Recommendation: Approval of this item. SHEET 1 A-001SITE PLANMAIN STREET COPPELL, TEXAS WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS03-03-10 Other than the FM Plan, the development depicted on this concept plan is speculative and does not represent actual development that may occur. The City reserves the right to develop the entire site as public use or other appropriate public purposes under state law.N23'-1/2" 55'-0" 12'-6 3/4"22'-11 3/4" 55'-0" 13'-11 1/4" 10'-0"10'-7" 43'-1 1/4" 15'-1/2"22'-11 1/4" 51'-0" 20'-0" 51'-0" 15'-0" 67'-10" 5'-0" 15'-0" 67'-10" 5'-0" 110'-0"70'-0"79'-0"50'-0"34'-0" 45'-0" 95'-0"50'-0"70'-0"50'-0"60'-0"50'-0"95'-0"50'-0"55'-0"40'-0" 40'-0"55'-0"90'-0"40'-0"75'-0"40'-0"70'-0"40'-0"45'-0"105'-0"15'-0" 31'-10" 20'-0" 31'-10" 20'-0" 31'-10" 12'-0"15'-0" 68'-3" 5'-0" 15'-0" 50'-0" 20'-0" 62'-10 3/4" 15'-0" 15'-0" 30'-0" 10'-0" 10'-0" 84'-3/4" 15'-0"18'-0"2'-0" 5'-5" 2'-6"15'-3 1/4" 60'-0" 25'-0"5'-0"20'-0"5'-0"25'-0" 60'-0" 5'-0"10'-0"18'-0"10'-0" 48'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 41'-0" 10'-0"72'-0"15'-0" 30'-0" 20'-0" 30'-0" 20'-0" 36'-0" 20'-0" 36'-0" 15'-1 3/4"15'-0"51'-5"21'-5"20'-8"20'-8"20'-0"25'-0"10'-9 1/4" 5'-0" 40'-0" 11'-9" 5'-0" 40'-0" 10'-9" 8'-0" 38'-10" 21'-0"20'-8"20'-8" 15'-4" 15'-0"24'-0"38'-7" 52'-2"90'-9"35'-10"10'-1" 44'-0" 15'-1/2" 15'-0" 50'-0" 20'-0" 62'-10 3/4" 15'-9 3/4"11'-9" 24'-0" 10'-0"18'-0"2'-0" 5'-5" 2'-6"15'-3 1/4" 60'-0" 25'-0"5'-0"20'-0"5'-0"25'-0" 65'-0" 10'-0" 18'-0" 10'-0" 48'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0"36'-0" 36'-0" 36'-0" 36'-0" 41'-0" 10'-0"56'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 36'-0" 41'-0"10'-0"24'-0" 5'-0" 5'-0" 20'-0" 5'-0" 25'-0" 60'-0" 5'-0"10'-0" 43'-1 1/4" 15'-1/2" 56'-10" 51'-10" 55'-3 1/4" 56'-10" 51'-10" 53'-6 1/2" 38'-1/2" 51'-10 3/4" 10'-0" 37'-8"25'-0"<--- MAIN STREET MAIN STREET ---> DEDICATED ALLEY EXISTING BUSINESS RETAIL SERVICES RETAILRETAILRETAILRETAILRETAIL SERVICE SERVICE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE COTTAGE EXISTING BUILDINGS (NOT IN SCALE, VERIFY LOCATION)DEDICATED ALLEYENTRY FEATURE TRAVIS STREETHOUSTON STREETWEST BETHEL ROADSOUTH COPPELL ROAD SERVICE SERVICE SERVICE SERVICE RESTAURANT PARKING (40) COTTAGE COTTAGE COTTAGE SWITCHGEAR POLES PATIO RESTAURANT PATIO BURNETT STREETCROCKETT STREETFUTURE PUBLIC USE 9 P.S. 14 P.S. 14 P.S. RESTAURANT <--- FARMER'S MARKET ---> INTERACTIVE FOUNTAIN PLAY AREA MAIN STREET ---> PUBLIC RR, JANITOR, STORAGE WASTE WASTE <--- MAIN STREET 20 PARKINGSPACES OR 10 DOUBLE PARKING SPACES 14 P.S. 10 P.S. 10 P.S. C 3C 4C 5 C 6C 7 C 8 C 9 C 10 C 13C 12C 11 P 1 P 2 R 1R 2R 3R 4R 5 S 6 S 5 S 4 S 3 S 1 S 2 F 2 F 1 9 P.S. RESTAURANT PARKING (40) PAVILION TH 1E TH 2E TH 3E TH 4E TH 5E TH 6E TH 7E TH 8E TH 9E TH 10E TH 11E TH 12E TH 13E TH 14E TH 1W TH 1S TH 2S TH 3S TH 4S TH 5S TH 6S TH 7S TH 8S TH 9S TH 10S TH 2W TH 3W TH 4W TH 5W TH 6W TH 7W TH 8W TH 9W TH 10W TH 11W TH 12W TH 13W TH 14W COTTAGE C 1C 2 GRASS PAVERS GRASS PAVERS GRASS PAVERS GRASS PAVERS SCALE: 1" = 50'A CONCEPTUAL SITE 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: Engineering August 10, 2010 8/E ✔ CONTRACT/BID or PROPOSAL Consider approval of Change Order Number 2 to the Bethel Road IIA (ST 03-01A) project in the amount of $98,431.33 for construction of an aerial sewer crossing of Grapevine Creek and minor utility adjustments, as provided for by Water and Sewer operating revenues; and authorizing the City Manager to sign all necessary documents. Approval of this change order will allow the city to replace an existing siphon, which is a weekly maintenance issue, with an aerial crossing. Funds for this change order will be provided by Water and Sewer operating revenues. Staff recommends approval of Change Order #2 in the amount of $98,431.33 and will be present to answer any questions. #ChgeOrd21BethelRd. -1AR MEMORANDUM TO: Mayor Pro Tem and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: August 10, 2010 RE: Consider approval of Change Order Number 2 to the Bethel Road IIA (ST 03-01A) project in the amount of $98,431.33 for construction of an aerial sewer crossing of Grapevine Creek and minor utility adjustments, as provided by Water and Sewer operating revenues; and authorizing the City Manager to sign all necessary documents. On April 27, 2010 council awarded a contract to JRJ Paving, LP in the amount of $2,089,019.05 for the reconstruction of Bethel Road from Denton Tap to Penfolds Lane. This award amount included a $120,000.00 potential bonus set aside for early completion. Since this award, one previous change order has been approved that increased the contract amount by $23,505.50. As discussed in work session at the July 27th City Council Meeting, this change order allows us to replace a sanitary sewer siphon that conveys sewer across Grapevine Creek with a new aerial crossing. This siphon was built in the early 1990’s and consists of two smaller diameter pipes with a diversion box on the upstream side of the sewer line. These small lines are often clogged by rags that enter the sewer system from the industrial properties along West Bethel Road. When the system becomes clogged, it no longer works. City staff currently spends many hours every week checking on this siphon, and cleaning it out on a weekly or semi-weekly basis. The proposed aerial crossing will be a 12” sewer pipe, and would maintain a constant grade across the creek. The sewer pipe will be encased in a larger diameter steel pipe supported by piers, and will be above the normal water level of the creek. In addition to the aerial crossing this change order includes some miscellaneous utility adjustments necessary to reconcile the design plans with the field conditions. These include the bracing of a utility pole, a 24” concrete plug, and demolition of an old aerial crossing structure. Approval of this change order will allow the contractor to move forward with the replacement of this siphon while the bridge is closed and under construction. It’s our opinion that the contractor has provided fair and reasonable pricing for these changes, and we recommend approval of this change order in the amount of $98,431.33. Staff will be available to answer any questions at the council meeting. Proposed Sanitary Sewer Aerial Crossing and Siphon Removal. City of Coppell Project ST03-01A Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2010.dwg\ST03-01A AC Created on: 20 July 2010 by Scott Latta 1/3 1 INCH = FT. 0 30 30 15 Proposed Sanitary Sewer Aerial Crossing and Siphon Removal. City of Coppell Project ST03-01A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A AC Created on: 4 August 2010 by Scott Latta PROPOSED SANITARY SEWER AERIAL CROSSING 2/3 1 INCH = FT. 0 30 30 15 Proposed Sanitary Sewer Aerial Crossing and Siphon Removal. City of Coppell Project ST03-01A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST03-01A AC Created on: 4 August 2010 by Scott Latta PROPOSED SANITARY SEWER AERIAL CROSSING 3/3 CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: Bethel Road II (ST 03-01A) CONTRACTOR: JRJ Paving, L.P. OWNER: City of Coppell CHANGE ORDER NO.: Two (2) DATE: August 10, 2010 Page 1 of 2 1. Replace old sanitary sewer siphon with new aerial crossing. 2. Miscellaneous utility adjustments. Item Description Quantity Unit Unit Price Total ADD: 1. Demo old aerial crossing with piers 1 LS $5,491.25 $5,491.25 2. 30” Drilled shaft 20 LF $204.00 $4,080.00 3. 30” Formed column 20 LF $306.00 $6,120.00 4. Aerial crossing pier cap 2 EA $1,437.50 $2,875.00 5. Stainless straps 4 EA $402.50 $1610.00 6. Concrete anchors 2 EA $1,173.00 $2,436.00 7. Concrete pipe encasement 20 LF $72.45 $1,449.00 8. Transition couplings 2 EA $$448.50 $897.00 9. Connect to existing 2 EA $1,207.50 $2,415.00 10. 12” SDR-35 in casing with spacers 140 LF $134.55 $18,837.00 11. 20” coated steel casing 120 LF $223.10 $26,772.00 12. Remove existing siphon box 1 LS $7,820.00 $7,820.00 13. Remove existing manhole 1 LS $1,610.00 $1,610.00 14. Sewer by-pass pumping 1 LS $7,245.00 $7,245.00 15. De-watering 1 LS $2,645.00 $2,645.00 15. Testing 1 LS $483.00 $483.00 16. 24” Concrete plug 1 EA $500.00 $500.00 17. Install new blow-off assembly 1 EA $4,560.00 $4,560.00 18. Bracing utility pole 1 LS $676.08 $676.08 Total Additions: $98,431.33 Previous contract amount $1,969,019.05 Net increase in contract amount Change Order # 1 $23,505.50 Net increase in contract amount Change Order # 1 $98,431.33 Revised contract amount $ 2,090,955.88 Net increase in contract time of completion 0 Revised Contract time of completion 270 Calendar Days The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. ________________________________________ Recommended by City Engineer Date ________________________________________ Agreed to by Contractor Date ________________________________________ Accepted by City 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 August 10, 2010 8/F ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances, Chapter 8, Article 8-1, Section 8-1-4, to establish the maximum prima facie speed limit for a revised designated school zone on Southwestern Blvd.; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and providing an effective date, and authorizing the Mayor Pro Tem to sign and execute any necessary documents. Approval of this Ordinance will allow the City of Coppell to establish a revised designated school zone on Southwestern Blvd. Staff will be available to answer any questions at the Council meeting. Staff recommends approval of this Ordinance. # Ordinance s. western school zone MEMORANDUM TO: Mayor Pro Tem and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: August 10, 2010 RE: Consider approval of an Ordinance amending the Code of Ordinances, Chapter 8, Article 8-1, Section 8-1-4, to establish the maximum prima facie speed limit for a revised designated school zone on Southwestern Blvd.; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and providing an effective date, and authorizing the Mayor Pro Tem to sign and execute any necessary documents. This is a housekeeping item resulting from the reconstruction of Southwestern Blvd. During the construction the roadway was moved and realigned within the existing right of way, and new solar powered school zone flashers were installed. These changes resulted in a discrepancy between the current codified school zone location and the actual location on the ground. Approval of this item will modify the Code of Ordinances to accurately reflect the actual location of the school zone on Southwestern Blvd adjacent to Pinkerton Elementary. Staff will be available to answer any questions at the Council meeting. Southwestern Blvd Re-Construction School Zone Adjustment 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 SCHOOL ZONE Created on: 4 August 2010 by Scott Latta 1/2 1 INCH = FT. 0 200 200 100 Southwestern Blvd Re-Construction School Zone Adjustment City of Coppell Project ST07-01 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-01 SCHOOL ZONE Created on: 4 August 2010 by Scott Latta 2/2 SCHOOL ZONE AS BUILT SCHOOL ZONE BY CODE 1 ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8, ARTICLE 8-1, SECTION 8-1-4 TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR A REVISED DESIGNATED SCHOOL ZONE ON SOUTHWESTERN BLVD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 8, Article 8-1, Section 8-1-4, in part to revise the following designated school zone for Southwestern Blvd., to read as follows: “Sec. 8-1-4 School zone-speed. . . . . . C. The following streets or portions of streets are designated school traffic zones when marked in accordance with subsection (B): All distances are measured from the nearest face of curb of the perpendicular street: Street Extent . . . . . . . . Southwestern Blvd. (1215) 1,197 feet west of the west (edge of pavement) curb line of Howell Drive to (260) 172 feet east of the east (edge of pavement) curb line of Howell Drive.” SECTION 2. That the Director of Traffic Control shall erect appropriate signage giving notice of the school zone established herein. 2 SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide; however the school zone established herein shall note take effect until the Director of Traffic Control has erected appropriate signage giving notice of such school zone. 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ______________, 2010. APPROVED: ________________________________ BOB MAHALIK, MAYOR PRO TEM ATTEST: _______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ ROBERT E. HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING August 10, 2010 8/G ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1093R-C, Taco Bell, a zoning change from S-1093-C (Special Use Permit-1093-Commercial) to S-1093R-C (Special Use Permit-1093 Revised – Commercial), to permit the addition of a drive-thru entry portal, an order point canopy and the replacement of the existing menu board on approximately one acre of property located at 115 North Denton Tap Road and authorizing the Mayor Pro Tem to sign. On July 13, 2010, Council unanimously approved this ZONING CHANGE (6-0). On June 17, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners Jett, Tankersley, Haas, Frnka, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @S-1093R-C, TB ORD-1 AR (con) 1 TM 44583.2.72910 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-1093-C (SPECIAL USE PERMIT-1093- COMMERCIAL) TO S-1093R-C (SPECIAL USE PERMIT-1093 REVISED – COMMERCIAL), TO PERMIT THE ADDITION OF A DRIVE-THRU ENTRY PORTAL, AN ORDER POINT CANOPY AND THE REPLACEMENT OF THE EXISTING MENU BOARD ON APPROXIMATELY ONE ACRE OF PROPERTY LOCATED AT 115 NORTH DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, MENU BOARD, ORDER POINT CANOPY AND ENTRY PORTAL, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E”; 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-1093R-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from S-1093-C (Special Use Permit- 1093-Commercial) to S-1093R-C (Special Use Permit-1093 Revised – Commercial), to permit the addition of a drive-thru entry portal, an order point canopy and the replacement of the existing menu 2 TM 44583.2.72910 board on approximately one acre of property located at 115 North Denton Tap Road, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit S-1093R-C is hereby approved subject to the following special conditions: A. Except as amended herein, the property shall be developed in accordance with S- 1093-C, Ordinance No. 91500-A-107, which is incorporated herein. B. The development shall be in accordance with the Site Plan, Menu Board, Order Point Canopy and Entry Portal, provided in Section 3 of this Ordinance. . SECTION 3. That the Plan, Menu Board, Order Point Canopy and Entry Portal shall be attached hereto as Exhibits “B”, “C”, “D” and “E”; 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 decided to 3 TM 44583.2.72910 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: _____________________________________ BOB MAHALIK, MAYOR PRO TEM ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT PLANNED FOR YOU BY CUMMINGS SIGNS. IT IS NOT TO BE SHOWN OUTSIDE YOUR ORGANIZATION NOR USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF CUMMINGS SIGNS. PROJECT: ADDRESS: PHONE: ACCT. MGR. DESIGNER: SCALE: DATE: DRAWING NO. SHEET OF CUSTOMER APPROVAL: DATE: REV#1 REV#4 REV#7 REV#3 REV#6 REV#9 REV#2 REV#5 REV#8 DATE DATE DATE BY BY BY R PICKEL TACO BELL 4/6/10AS NOTED 115 NORTH DENTON TAP RD., COPPELL TX * 7 1 0 -0 9 2STACEY CLAYTON * * D -ORD E R # 05 9 516 1 6/1/10 TdP 1 SITE PLAN SCOPE OF WORK ITEMSQ. FT. N/A N/A QTY 1 Order Point Canopy 1 Menu Board NORTH SITE PLAN (NTS) N/A 1 Entry Portal ENTRY PORTAL ORDER POINT CANOPY MENU BOARD THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT PLANNED FOR YOU BY CUMMINGS SIGNS. IT IS NOT TO BE SHOWN OUTSIDE YOUR ORGANIZATION NOR USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF CUMMINGS SIGNS. PROJECT: ADDRESS: PHONE: ACCT. MGR. DESIGNER: SCALE: DATE: DRAWING NO. SHEET OF CUSTOMER APPROVAL: DATE: REV#1 REV#4 REV#7 REV#3 REV#6 REV#9 REV#2 REV#5 REV#8 DATE DATE DATE BY BY BY R PICKEL TACO BELL 4/6/10AS NOTED 115 NORTH DENTON TAP RD., COPPELL TX * 7 1 0 -0 9 2STACEY CLAYTON * * D -ORD E R # 05 9 516 1 6/1/10 TdP 6 823-OM-EVMBMC (magnetic) 823-OM-EVMBLOC (mechanical) 45.3 SQ. FT. NEW MENU BOARD THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT PLANNED FOR YOU BY CUMMINGS SIGNS. IT IS NOT TO BE SHOWN OUTSIDE YOUR ORGANIZATION NOR USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF CUMMINGS SIGNS. PROJECT: ADDRESS: PHONE: ACCT. MGR. DESIGNER: SCALE: DATE: DRAWING NO. SHEET OF CUSTOMER APPROVAL: DATE: REV#1 REV#4 REV#7 REV#3 REV#6 REV#9 REV#2 REV#5 REV#8 DATE DATE DATE BY BY BY R PICKEL TACO BELL 4/6/10AS NOTED 115 NORTH DENTON TAP RD., COPPELL TX * 7 1 0 -0 9 2STACEY CLAYTON * * D -ORD E R # 05 9 516 1 6/1/10 TdP ORDER POINT CANOPY 2 ALUMINUM CABINET DESIGNED TO ACCEPT DELPHI OR TEXAS DIGITAL OCB/ SPEAKER & MICROPHONE 110 & 150 Canopy Wind Load See foundations for 110 & 150 mph wind load. PART # 823-TB-OPCPY-6X8DSCALE: 1/2” = 1’-0” (6) 72" F72T12CWHO Lamp (1) 6-Lamp Ballast @ 2.75A t otal PAINTED ACCENT (NON-ILLUMINATED) PAINTED ACCENT (NON-ILLUMINATED) THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT PLANNED FOR YOU BY CUMMINGS SIGNS. IT IS NOT TO BE SHOWN OUTSIDE YOUR ORGANIZATION NOR USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF CUMMINGS SIGNS. PROJECT: ADDRESS: PHONE: ACCT. MGR. DESIGNER: SCALE: DATE: DRAWING NO. SHEET OF CUSTOMER APPROVAL: DATE: REV#1 REV#4 REV#7 REV#3 REV#6 REV#9 REV#2 REV#5 REV#8 DATE DATE DATE BY BY BY R PICKEL TACO BELL 4/6/10AS NOTED 115 NORTH DENTON TAP RD., COPPELL TX * 7 1 0 -0 9 2STACEY CLAYTON * * D -ORD E R # 05 9 516 1 6/1/10 TdP 4 12” t o front of curb STAINLESS STEEL CABLE SELF RETURNING SWING ARM ENTRY PORTAL METAL PANEL (NON-ILLUM.) METAL ACCESS PANELS (NON-ILLUM.) Access Panels: Flat Alum. Paint TB Bronze Tiger Drylac 49-66230 C33 NON-ILLUMINATED CUSTOMNON-ILLUMINATED 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 August 10, 2010 8/H ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1220R-TC, Verizon Wireless, a zoning change from S-1220-TC (Special Use Permit-1220-Town Center) to S-1220R-TC (Special Use Permit-1220 Revised-Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park and authorizing the Mayor Pro Tem to sign. On July 13, 2010, Council unanimously approved this ZONING CHANGE (6-0). On June 17, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners Jett, Tankersley, Haas, Frnka, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @S-1220R-TC, VW ORD-1 AR (con) 1 TM 44582.2.72910 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-1220- TC (SPECIAL USE PERMIT-1220-TOWN CENTER) TO S-1220R-TC (SPECIAL USE PERMIT-1220 REVISED-TOWN CENTER), TO ALLOW THE REPLACEMENT OF EXISTING TELECOMMUNICATION ANTENNAE AND THE EXPANSION OF THE EQUIPMENT CABINET ENCLOSURE ON PROPERTY LOCATED AT 363 NORTH DENTON TAP ROAD IN ANDY BROWN WEST PARK, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE OVERALL SITE PLAN, DETAIL SITE PLAN, ELEVATION SHEETS, 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-1220R-TC 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 2 TM 44582.2.72910 S-1220-TC (Special Use Permit-1220-Town Center) to S-1220R-TC (Special Use Permit-1220 Revised-Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park, being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure is hereby approved, subject to the following special conditions: A) Except as amended herein, the property shall be developed in accordance with S-1220-TC, Ordinance No. 91500-A-393, which is incorporated herein. B) Coordination with the Parks Department for the scheduling of construction times and the replacement of the Red Bud tree and portion of the irrigation system affected by the proposed change. C) The site shall be developed in accordance with the regulations and Exhibits “B” through “D” incorporated in Section 3 of this ordinance. SECTION 3. That the Overall Site Plan, Detail Site Plan, Elevation Sheets, attached hereto as Exhibits “B”, “C”, and “D” respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. 3 TM 44582.2.72910 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 TM 44582.2.72910 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: _____________________________________ BOB MAHALIK, MAYOR PRO TEM ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) LEGAL DESCRIPTIONS EXHIBIT ‘A’ Page 1 of 3 LESSEE’S LEASE AREA BEING a tract of land situated in the S.A & M.G.R.R. Survey, Abstract No. 1430, City of Coppell, Dallas County, Texas, also being out of and a portion of that certain tract of land described as Phase 1-A in Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Phase 1-A tract, also being the southwest corner of Phase 1-B as described in said Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, and being on the east line of Block A, Cornerstone, an addition to the City of Coppell according to the map or plat thereof recorded in Volume 96013, Page 87, Deed Records, Dallas County, Texas, and from which a 1/2” iron rod found for the most easterly southeast corner of said Cornerstone addition bears South 04 degrees 06 minutes 51 seconds East, a distance of 382.29 feet; THENCE through the interior of said Phase 1-A tract, North 81 degrees 41 minutes 59 seconds East, a distance of 475.30 feet to the POINT OF BEGINNING hereof; THENCE continuing through the interior of said Phase 1-A tract the following four (4) courses: 1. North 66 degrees 14 minutes 17 seconds East, a distance of 21.00 feet to a Point; 2. South 23 degrees 45 minutes 43 seconds East, a distance of 14.30 feet to a Point; 3. South 66 degrees 14 minutes 17 seconds West, a distance of 21.00 feet to a Point; 4. North 23 degrees 45 minutes 43 seconds West, a distance of 14.30 feet to the POINT OF BEGINNING hereof and containing 0.0069 acres or 300 square feet of land, more or less. LEGAL DESCRIPTIONS EXHIBIT ‘A’ Page 2 of 3 LESSEE’S COAX EASEMENT BEING a tract of land situated in the S.A & M.G.R.R. Survey, Abstract No. 1430, City of Coppell, Dallas County, Texas, also being out of and a portion of that certain tract of land described as Phase 1-A in Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Phase 1-A tract, also being the southwest corner of Phase 1-B as described in said Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, and being on the east line of Block A, Cornerstone, an addition to the City of Coppell according to the map or plat thereof recorded in Volume 96013, Page 87, Deed Records, Dallas County, Texas, and from which a 1/2” iron rod found for the most easterly southeast corner of said Cornerstone addition bears South 04 degrees 06 minutes 51 seconds East, a distance of 382.29 feet; THENCE through the interior of said Phase 1-A tract the following three (3) courses: 1. North 81 degrees 41 minutes 59 seconds East, a distance of 475.30 feet to a Point; 2. North 66 degrees 14 minutes 17 seconds East, a distance of 21.00 feet to a Point; 3. South 23 degrees 45 minutes 43 seconds East, a distance of 11.46 feet to the POINT OF BEGINNING hereof; THENCE continuing through the interior of said Phase 1-A tract the following seven (7) courses: 1. South 73 degrees 57 minutes 39 seconds East, a distance of 30.03 feet to a Point; 2. North 77 degrees 53 minutes 59 seconds East, a distance of 27.80 feet to a Point; 3. South 12 degrees 06 minutes 01 seconds East, a distance of 4.89 feet to a Point; 4. South 77 degrees 53 minutes 59 seconds West, a distance of 29.25 feet to a Point; 5. North 73 degrees 57 minutes 39 seconds West, a distance of 32.62 feet to a Point; 6. North 66 degrees 14 minutes 17 seconds East, a distance of 4.40 feet to a Point; 7. North 23 degrees 45 minutes 43 seconds West, a distance of 2.84 feet to the POINT OF BEGINNING hereof and containing 0.0067 acres or 290 square feet of land, more or less. LEGAL DESCRIPTIONS EXHIBIT ‘A’ Page 3 of 3 LESSEE’S UTILITY EASEMENT BEING a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327 and the S.A & M.G.R.R. Survey, Abstract No. 1430, City of Coppell, Dallas County, Texas, also being out of and a portion of that certain tract of land described as Phase 1-A in Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Phase 1-A tract, also being the southwest corner of Phase 1-B as described in said Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, and being on the east line of Block A, Cornerstone, an addition to the City of Coppell according to the map or plat thereof recorded in Volume 96013, Page 87, Deed Records, Dallas County, Texas, and from which a 1/2” iron rod found for the most easterly southeast corner of said Cornerstone addition bears South 04 degrees 06 minutes 51 seconds East, a distance of 382.29 feet; THENCE through the interior of said Phase 1-A tract the following three (3) courses: 1. North 81 degrees 41 minutes 59 seconds East, a distance of 475.30 feet to a Point; 2. South 23 degrees 45 minutes 43 seconds East, a distance of 14.30 feet to a Point; 3. North 66 degrees 14 minutes 17 seconds East, a distance of 21.00 feet to the POINT OF BEGINNING hereof; THENCE continuing through the interior of said Phase 1-A tract the following eight (8) courses: 1. North 23 degrees 45 minutes 43 seconds West, a distance of 10.18 feet to a Point; 2. North 77 degrees 02 minutes 25 seconds East, a distance of 146.13 feet to a Point; 3. North 26 degrees 56 minutes 54 seconds West, a distance of 80.41 feet to a Point; 4. North 63 degrees 03 minutes 06 seconds East, a distance of 6.00 feet to a Point; 5. South 26 degrees 56 minutes 54 seconds East, a distance of 81.90 feet to a Point; 6. North 77 degrees 02 minutes 25 seconds East, a distance of 357.76 feet to a Point; 7. North 67 degrees 27 minutes 02 seconds East, a distance of 37.37 feet to a Point; 8. South 88 degrees 33 minutes 36 seconds East, a distance of 12.57 feet to a Point, same being on the west right-of-way line of Denton Tap Road; THENCE along the west right-of-way line of Denton Tap Road, South 01 degrees 26 minutes 22 seconds West, a distance of 10.00 feet to a Point; THENCE through the interior of said Phase 1-A tract the following three (3) courses: 1. North 88 degrees 33 minutes 36 seconds West, a distance of 10.45 feet to a Point; 2. South 67 degrees 27 minutes 02 seconds West, a distance of 36.09 feet to a Point; 3. South 77 degrees 02 minutes 25 seconds West, a distance of 509.01 feet to the POINT OF BEGINNING hereof and containing 0.1392 acres or 6,065 square feet of land, more or less. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 10, 2010 9 ✔ PUBLIC HEARING To receive public comment concerning the proposed 2010-2011 Budget for the Coppell Crime Control and Prevention District. Pursuant to Chapter 363 (363.205) of the Local Government Code, the governing body that created the district shall hold a public hearing on the budget adopted by the Board. Any resident of the district is entitled to be present and participate at the hearing. The Crime Control Board held a public hearing on June 1, 2010. No citizen opted to speak. The Board approved the budget after closing the public hearing. $CrimeControl - 1 AR NOTICE OF PUBLIC HEARING PROPOSED 2010-2011 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2010-2011 Budget for the Coppell Crime Control and Prevention District. The Public Hearing will be held on August 10, 2010 at 7:30 p.m. in the Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file for public view in the office of the Director of Finance at City Hall. PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA. _________________ ANNUAL BUDGET _________________ City of Coppell _________________ DEPARTMENT: Crime Prevention District DIVISION: Special Revenue MISSION The mission of the Crime Prevention District through the Coppell Police Department is to enhance our School Resource Officer Program, our Community Service programs, an Enhanced Radio Dispatch Center and Police Patrol Prevention Program through education, partnerships, personnel, equipment and service. GOALS AND OBJECTIVES The Coppell Police Department seeks to enhance a safe community environment and quality public service through the Crime Prevention District. In furtherance of this goal, the Coppell Police Department seeks to attain the following objectives for fiscal year 2010-11. 1. Community Service Officers to enhance our delivery of all community service programs such as National Night Out, Citizens Police Academy, Women’s Self Defense and other programs for our citizens. 2. School Resource Officers to help us be more proactive in our enforcement efforts on the High School campus as well as provide an additional resource to aid the faculty and staff of the campus. 3. Generation of an annual report to track all calls (including administrative lines) placed to public safety dispatchers. While we currently generate a report to track all calls dispatched and resolved by Coppell Police, Fire and EMS, this new report will be generated by the new telephone system and will serve as a good baseline for future comparisons. __________________ _________________ANNUAL BUDGET _________________ Department: Crime Prevention District Expenditures Actual 08-09 Adopted 09-10 Amended 09-10 Proposed 10-11 Salary & Benefits $ 858,768 $ 1,927,608 1,902,608 1,944,496 Supplies 4,143 0 00 Maintenance 0 0 00 Services 800 0 700 0 Capital Outlay 782,838 0 124,749 0 Total $ 1,646,549 $ 1,927,608 2,028,057 1,944,496 Authorized Personnel Position/Title Pay Grade 08-09 09-10 10-11 Police Captain PD18 0 1 1 Communication Manager 24 0 1 1 Police Sergeant PD13 1 1 1 Police Corporal PD9 1 1 1 Police Officer - SRO PD7 5 5 5 Police Officer - CS PD7 2 2 2 PS Dispatch Supervisor 18 0 4 4 Police Dispatcher 15 0 9 9 9 24 24 Performance Indicators 08-09 09-10 10-11 Crime Prevention Contacts / Activities 600 600 605 Community Service Hours 150 150 155 Women's Self Defense/CPA 40 40 45 SRO Presentations 100 100 105 SRO Conferences - Student/Parent/Teacher 250 250 255 SRO Security Functions 90 90 95 Communication Calls Received 92,000 93,500 93,525 Radio Transmissions/Traffic 16,400 16,500 16,515 NCIC/TCIC Request Completed 1,500 1,550 1,555 Division: Special Revenue _________________ City of Coppell _________________ _________________ANNUAL BUDGET _________________ Actual Adopted FY 10 Budget FY 11 Budget Description 2008-09 2009-10 Amended Proposed Sales Tax $ 2,559,820 $ 2,586,472 $ 2,586,472 $ 2,586,472 Interest Income 11,330 15,000 15,000 5,000 Total Revenue $ 2,571,150 $ 2,601,472 $ 2,601,472 $ 2,591,472 Salary & Benefits $ 858,768 $ 1,927,608 $ 1,902,608 $ 1,944,496 Supplies 4,143 0 0 0 Services 800 0 700 0 Capital 782,838 0 124,749 0 Total Expenditure $ 1,646,549 $ 1,927,608 $ 2,028,057 $ 1,944,496 Net $924,601 $673,864 $573,415 $646,976 Fund Balance Beginning Balance $ 1,028,790 $ 1,953,391 $ 1,953,391 $ 2,526,806 Ending Balance $ 1,953,391 $ 2,627,255 $ 2,526,806 $ 3,173,782 City of Coppell Crime Prevention District Special Revenue Summary 2010-11 Revenues Sales Tax 99.8% Interest Income 0.2% 2010-11 Expenditures Salary & Benefits 100.0% _________________ City of Coppell _________________ WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 10, 2010 10 ✔ PROCEDURAL To approve the proposed 2010-2011 Budget for the Coppell Crime Control and Prevention District. Pursuant to Chapter 363 (363.205) of the Local Government Code, the governing body after holding a public hearing on the budget adopted by the Crime Control and Prevention Board, must approve or reject the budget submitted by the Board. The Crime Control Board held a public hearing on June 1, 2010. The Board approved the budget after closing the public hearing. Staff recommends approval. $CrimeAccept - 1 AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 10, 2010 11 ✔ PROCEDURAL Consider approval of the certification of the 2010 anticipated collection rate for the period of July 1, 2010 through June 30, 2011, and the amount of excess debt collections during the period of July 1, 2009 through June 30, 2010. See attached. Staff recommends approval. $TaxColl - 1 AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 10, 2010 12 ✔ PROCEDURAL Consider approval of a proposed tax rate of 0.69046 for the 2010 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 24, 2010 at 7:30 P.M. and a Special called meeting on August 31, 2010 at 6:00 P.M. Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice-and-hearing tax rate limit as calculated in the effective/rollback tax rate worksheets, the taxing unit's governing body must take a record vote on the desired rate. The governing body must also announce the date, time and place of the two (2) public hearings to be held on the proposed tax rate. Staff recommends approval. $TaxRate-1AR Notice of Public Hearing on Tax Increase The City of Coppell will hold two public hearings on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 4.99 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax rate calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The first public hearing will be held on August 24, 2010 at 7:30 PM at Town Center, 255 Parkway Blvd, Coppell, TX 750 19. The second public hearing will be held on August 3 I, 201 0 at 6:00 PM at Town Center, 255 Parkway Blvd, Coppell, TX 75019. The members oftthe governing body voted on the proposal to consider the tax increase as follows: FOR: AGAINST: PRESENT and not voting: ABSENT: The average taxable value of a residence homestead in City of Coppell last year was $272,478. Based on last year's tax rate of $0.64 146 per $100 of taxable value, the amount of taxes imposed last year on the average home was $1,747.84. The average taxable value of a residence homestead in City of Coppell this year is $276,123. If the governing body adopts the effective tax rate for this year of $0.65767 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,8 15.98. If the governing body adopts the proposed tax rate of $0.69046 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,906.52. Members of the public are encouraged to attend the hearings and express their views. 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: Information Systems August 10, 2010 13 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding RFP #0096 to New World Systems for the replacement of the City's Municipal Public Administration Software Application in the amount of $475,900 as budgeted and authorizing the City Manager to sign any necessary documents. The current Public Administration Software is 15 years old and is no longer being enhanced by the vendor. This system also contains over 270 custom programs, interfaces and reports which have been developed over the years by independent contractors and are not covered by our current software maintenance agreement. This RFP was issued to find a replacement for the city's existing system in order to improve the workflow and processes for multiple departments. This solution will utilize a more integrated suite of core products which have been developed completely from the "ground up" to integrate with the Microsoft suite of application tools used throughout the city. Funds for this purchase have been budgeted in the amount of $350,000. The additional needed funds are associated with conversion and training costs and can be provided by savings elsewhere in the General Fund budget. Staff recommends approval of the contract with New World Systems. {PublicAdminSoftware-1AR Interoffice Memorandum To: Mayor Pro-Tem and City Couuncil via Clay Phillips, City Manager From: Rick Moore, Director of Information Systems Jennifer Miller, Director of Finance Vivyon Bowman, Director of Administration/HR Date: August 2, 2010 Subject: Municipal Public Administration Software PURPOSE: To present to the Mayor Pro-Tem and City Council a recommendation for a vendor to provide an enterprise-wide Public Administration software solution. BACKGROUND: The current Public Administation software application used by the city is 15 years old. In May of 2009 a task force comprised of city staff members from multiple departments was created for the purpose of conducting a thorough needs assessment and software system evaluation in preparation for replacement of the city’s current financial, human resources and utility billing software systems. The city issued a RFP in July of 2009 and over the next several months proceeded to evaluate all the respondents proposals. In November 2009, city staff met to discuss the strengths of the vendors and to determine a short list of applicants for additional evaluation. Tyler Technologies and New World Systems were determined to be the two vendors to be investigated further. Additional software demonstrations were conducted and vendor references from both finalists were contacted to discuss implementation issues and post-implementation functionality. Technical discussions were also held with both vendors concerning software development strategies and future plans. DISCUSSION: Based on information obtained during the selection process, city staff decided New World Systems would be the best choice to enter into sole negotiations for a contract to provide a Public Administration software solution to the city. Municipal Public Administration Software Memo Page 2 August 2, 2010 The decision to select New World Systems was based on several factors including the following key decision points. 1. .NET Technology: The New World Systems solution, Logos.NET, is built entirely on the Microsoft.NET platform. This software architecture is one of the most current software development platforms in the industry. New World's "Agile" software development approach leverages the .NET platform's ability to more rapidly develop software to meet and address customer needs, as well as closely integrate to the suite of Microsoft products and other third party software. 2. "Work the Way You Live": Using the .NET platform, New World is able to develop software that is tightly integrated with the Microsoft Office suite of products which are widely used throughout the City. Notifications can be sent to employees and residents via email messages, data can be easily imported and exported to Microsoft Office applications, and reports can be easily generated using New World’s “Cube” reporting methodology. On the very near horizon, New World will be releasing software functionality to fold their Logos.NET systems business processes into the city email system. For example, the accounts payable/purchasing process will be integrated with email so the employee could approve a purchase order without having to exit email and enter the New World applications. 3. Client References: Site visits and reference checks to New World clients were conducted as part of the due diligence selection process. Information obtained during site visits helped to paint a picture of how well the software performed and how responsive New World was both during and after implementation. Reference checks included questions to determine why a client selected New World, their client satisfaction level, and the project costs and budget. Clients consistently stated that the .NET technology platform and depth of functionality were the primary reasons for selecting New World over another vendor. 4. User Functionality: Ultimately user functionality is essential to gaining user acceptance of the new software and reducing the time needed for staff to adjust to the new software. Through the software demonstration process staff felt the New World solution offered a more user-friendly environment in which to work. The approach and "feel" of the screens appeared more intuitive and the interaction between modules is very integrated. Moreover, it will lead to a higher level of adoption ensuring success of the city’s capital investment. RECOMMENDATION: It is recommended that the Mayor Pro-Tem and City Council accept the proposal from New World Systems to provide the city with an Public Administration software solution. 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's Office August 10, 2010 14 ✔ PUBLIC HEARING To consider establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store, Inc. to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project. The Public Hearing Notice was published in the Citizens Advocate on Friday, July 30, 2010. the property to be considered for an enterprise project is the property described as Duke-Freeport Addition, Block A, Lot 1R (52.566 acres), located at 500 Freeport Parkway, Coppell, Texas. Staff recommends approval. !Container Store PH - 1AR MEMO Date: July 30, 2010 From: Mindi Hurley, Economic Development Coord. RE: The Container Store Enterprise Zone – Public Hearing The Container Store is seeking participation in the Texas Enterprise Zone program by receiving an enterprise project designation. The Enterprise Zone program is a State program and has no impact on the City of Coppell’s revenues. The program was created at the State level to foster the growth of new jobs, but it can also be used as a retention tool. Companies designated as an Enterprise Zone receive rebates of the State’s portion of sales and use tax equal to $2,500 per employee for a period of five years. For a company to qualify for the program, it must meet certain requirements and be nominated for the program by the local government in which the business resides. Requirements to be approved as an Enterprise Zone: -The company must be designated by the local government in which the business resides as a qualified Enterprise Zone. -A public hearing must be held. -The company must have a minimum of $5M in capital investment over the five-year period. -The company must maintain existing employment levels for the 5-year period. The company, working with the local government, must complete the State application process and file the application with the Office of the Governor. The State only accepts applications quarterly. We are trying to meet the September 1st deadline with this nomination. Since the program requires a local nomination, the City must hold a public hearing for each company applying for the program. This public hearing fulfills that requirement. The Container Store is expected to invest more than $5 million over the next five years with improvements including leasehold improvement expansion, replacement equipment and capitalized software development and installation. The Container Store anticipates that it will retain approximately 425 full-time positions. NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 10th day of August, 2010, at 7:30 P.M., concerning the City of Coppell, Texas nomination of The Container Store, Inc., 500 Freeport Parkway, Coppell, Texas 75019, to the Office of the Governor Economic Development and Tourism through the Economic Development Bank as an Enterprise Project and the possible provision through such nomination of tax or other incentives. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate July 30, 2010 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). CERTIFICATE I certify that the above notice of meeting was published in the Citizens Advocate and posted by 5:00 p.m. on the bulletin board at the Town Center of the City of Coppell, Texas, on Friday, July 30, 2010. ___________________________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office August 10, 2010 15 ✔ ORDINANCE Consider approval of an Ordinance establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, and authorizing the Mayor Pro Tem to sign. City Council is scheduled to hold a public hearing on August 10, 2010. In order to nominate The Container Store as an enterprise project with the State, the City of Coppell must pass an ordinance. This ordinance fulfills that requirement. Approve an Ordinance establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating The Container Store to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, and authorize the Mayor Pro Tem to sign. !Container Store Ord - 1 AR MEMO Date: July 30, 2010 From: Mindi Hurley, Economic Development Coord. RE: The Container Store Enterprise Zone – Ordinance The Container Store is seeking participation in the Texas Enterprise Zone program by receiving an enterprise project designation. The Enterprise Zone program is a State program and has no impact on the City of Coppell’s revenues. The program was created at the State level to foster the growth of new jobs, but it can also be used as a retention tool. Companies designated as an Enterprise Zone receive rebates of the State’s portion of sales and use tax equal to $2,500 per employee for a period of five years. For a company to qualify for the program, it must meet certain requirements and be nominated for the program by the local government in which the business resides. Requirements to be approved as an Enterprise Zone: -The company must be designated by the local government in which the business resides as a qualified Enterprise Zone. -A public hearing must be held. -The company must have a minimum of $5M in capital investment over the five-year period. -The company must maintain existing employment levels for the 5-year period. The company, working with the local government, must complete the State application process and file the application with the Office of the Governor. The State only accepts applications quarterly. We are trying to meet the September 1st deadline with this nomination. Since the program requires a local nomination, the City will have to pass an ordinance to approve each company that wants to apply for the program. This ordinance fulfills that requirement. The Container Store is expected to invest more than $5 million over the next five years with improvements including leasehold improvement expansion, replacement equipment and capitalized software development and installation. The Container Store anticipates that it will retain approximately 425 full-time positions. Page 1 TM 44653.2.8310 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, DECLARING CERTAIN PROPERTY WITHIN THE CITY AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), NOMINATING THE CONTAINER STORE, INC. AS THE NOMINEE FOR QUALIFICATION; ESTABLISHING TERMS AND CONDITIONS OF QUALIFICATION FOR ENTERPRISE ZONE DESIGNATION; PROVIDING FOR A LIAISON; PROVIDING FOR AN ANNUAL REPORT; PROVIDING FOR IDENTIFICATION AND SUMMARY FOR LOCAL INCENTIVES AVAILABLE FOR THE BUSINESS ENTERPRISE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Texas by adoption of Chapter 2303.001, et seq., of the TEXAS GOVERNMENT CODE has provided for the designation of certain businesses to qualify for an enterprise zone for purposes of state sales tax rebate; and WHEREAS, the City of Coppell, Texas, has designate certain local incentives as available to business enterprises for retention of the business enterprise within its corporate limits; and WHEREAS, The Container Store, Inc. desires to avail itself of the opportunity to make application for and be a nominee for the purposes of sales tax rebate under the program designated under said section of the TEXAS GOVERNMENT CODE; and WHEREAS, the required public hearing has been held in accordance with state law; and WHEREAS, the location of the nominee’s business qualifies as a business site; and WHEREAS, state law does not prohibit such business from qualifying and the City has, by the adoption of this ordinance, its first designation as an enterprise zone under said statute; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The City nominates The Container Store, Inc., 500 Freeport Parkway, Coppell, Texas 75019, for enterprise project status. SECTION 2. The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business: (a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated Page 2 TM 44653.2.8310 enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Coppell Tax Abatement Policy, and with qualified employee being defined by the Act. (b) The City may provide regulatory relief to businesses, including: (1) zoning changes or variances; (2) exemptions from unnecessary building code requirements, impact fees, or inspection fees; or (3) streamlined permitting. (c) The City may provide enhanced municipal services to businesses, including: (1) improved police and fire protection; (2) institution of community crime prevention programs; or (3) special public transportation routes or reduced fares. (d) The City may provide improvements in community facilities, including: (1) capital improvements in water and sewer facilities; (2) road repair; or (3) creation or improvement of parks. (e) The City may provide improvements to housing, including: (1) low-interest loans for housing rehabilitation, improvement, or new construction; or (2) transfer of abandoned housing to individuals or community groups. (f) The City may provide business and industrial development services, including: (1) low-interest loans for business; (2) use of surplus school buildings or other underutilized publicly owned facilities as small business incubators; (3) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; (4) creation of special one-stop permitting and problem resolution centers or ombudsmen; or (5) promotion and marketing services. (g) The City may provide job training and employment services to businesses, including: (1) retraining programs; (2) literacy and employment skills programs; (3) vocational education; or (4) customized job training. Page 3 TM 44653.2.8310 SECTION 3. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. SECTION 4. The City of Coppell City Council directs and designates its City Manager, or designee, as the City’s liaison to communicate and negotiate with the Office of the Governor Economic Development & Tourism (“EDT”) through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. SECTION 5. The City finds that The Container Store, Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a) The Container Store, Inc. is a “qualified business” under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body’s jurisdiction, located outside of an enterprise zone, and at least thirty-five percent (35%) of the business’ new employees will be residents of an enterprise zone or economically disadvantaged individuals; and (b) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and (c) The designation of The Container Store, Inc. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. SECTION 6. The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on September 1, 2015. SECTION 7. This ordinance shall take effect from and after its passage as the law and charter in such case provides. DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE ____ DAY OF _____________, 2010. APPROVED: Page 4 TM 44653.2.8310 BOB MAHALIK, MAYOR PRO TEM 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 August 10, 2010 16 ✔ PRESENTATION Consider approval of the Old Town Addition, Lots 1-9, Blocks A-G, Preliminary Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street. The following P&Z conditions remain outstanding: 1. Landscaping should not interfere with the visibility triangles at the intersections. 2. Additional comments will be generated upon detailed engineering review. On July 15, 2010, the Planning Commission unanimously recommended approval of this PRELIMINARY PLAT (6-0). Commissioners Jett, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @01 OTA, Lts 1-9, Blks A-G, PP-1 AR ITEM # 4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Old Town Addition, Blocks A - G, Preliminary Plat P&Z HEARING DATE: July 15, 2010 C.C. HEARING DATE: August 10, 2010 STAFF REP.: Mathew S. Steer, City Planner LOCATION: Bounded by W. Bethel Road on the north, S. Coppell Road on the east, Burns Street on the south and Hammond Street on the west SIZE OF AREA: 23.12 acres of property CURRENT ZONING: H (Historic) REQUEST: A preliminary plat to subdivide property into nine (9) lots. APPLICANT: Applicant: Engineer: Mindi Hurley Trish Hatley City of Coppell Freese and Nichols 255 Parkway Blvd. 1701 N. Market St., Suite 500, LB 51 Coppell, Texas 75019 Dallas, Texas Phone: (972) 304-3677 Phone: (214) 217-2200 Fax: (972) 304-3673 Fax: (214) 217-2201 Surveyor: James Brittain Brittain & Crawford P.O. Box 11374 3908 South Freeway Fort Worth, Texas 76110 Phone: (817) 926-0211 Fax: (817) 926-9347 ITEM # 4 Page 2 of 4 HISTORY: In January 2007, a portion (17 acres) of this property was rezoned to Historic and the future land use plan was amended to allow for a continuation of the targeted uses outlined in the Old Coppell Master Plan - retail, offices, restaurants and similar uses. TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width right-of-way. Freese and Nichols has prepared the construction plans, which are now 90% complete, showing variable right-of-way widths, approximately 28' of concrete pavement width and angled parking spaced intermittently. A small portion of Coppell Road, just north of Bethel Road, is included within these plans. The remainder of South Coppell Road, south of Bethel Road, is a two-lane 36-foot undivided concrete roadway with angled on- street parking on both sides within a 90’ right-of-way. Hammond and Burns Streets are two-lane undivided roadways each within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North – office, retail, barber shop and beauty salon; H (Historic) South – office/warehouse; LI (Light Industrial) East – restaurant, residential, office and vacant land; H (Historic), PD-206-H (Planned Development - 206- Historic), PD-108R8-H (Planned Development-108 Revision 8-Historic) West – office/warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for uses described within the Historic District. DISCUSSION: The purpose of this plat is to subdivide the subject property for the purpose of establishing streets and necessary infrastructure to support development of the property in accordance with the Historic District guidelines. This results in a total of seven blocks containing nine lots and seven different street segments. The City is working with a private developer to establish an overall Conceptual Planned Development for the entire property. This is anticipated to be submitted in the near future along with a Detail Planned Development for a Pavilion/Farmer’s Market site on one of the lots. ITEM # 4 Page 3 of 4 Planned Streets and Land Use Types: The attached exhibit, “Old Town Coppell Infrastructure Improvements” illustrates how the streets are proposed to be laid out. Main Street will be extended into the development from the existing W. Bethel and S. Coppell Road intersection. This will be the main boulevard, or grand entry, into the site. It will be a two-lane divided roadway with accent trees in the median, angled on-street parking on both sides, and will provide a view corridor into the center of Lot 1, Block E. Lot 1, Block E is planned to have two sit-down restaurants each with a patio area. This will leave an unobstructed view from Main Street south into Lot 2, Block E, which is proposed to be developed by the City with a pavilion to house the Farmer’s Market and offer a space for various gatherings to take place throughout the year. The City is finalizing the pavilion contract with an architect and, as mentioned above, will be bringing forward a detailed plan for review in the near future. A breakdown of the envisioned land uses not already mentioned is as follows: o Lot 1, Block A, originally proposed as a detention area for the whole tract, is now proposed as a general parking lot to serve as overflow parking for the area and small office-cottage type uses to be constructed of craftsman style architecture of a scale appropriate with the existing development on W. Bethel Road. o Lot 1, Block B and Lot 1, Block C are planned for the same type of office-cottages. o Lot 1, Block D on the west side of W. Main is planned for retail type uses directly across from the square with more intense service type uses interior to the lot. o Lot 1, Block F and Lot 2, Block G are planned for patio homes and will provide the residential component necessary to help sustain the larger development. o Lot 1, Block G will be retained by the city and the future use is undecided at this point. East and West Main Streets border the restaurant and pavilion sites with a one-way drive and angled on-street parking. Houston and Travis Streets will connect South Coppell Road with Hammond Street and will provide two connections between East & West Main Streets; one north of the restaurants and one south of the pavilion site. These are two- way streets with intermittent on-street parking on both sides. Burnet Street will function more as a parking lot than a street, but will provide a connection into a planned alleyway interior to Lot 1, Block C that will serve the small office cottages to the rear. These will front onto both Houston and Crockett Streets. ITEM # 4 Page 4 of 4 Streetscaping: The conceptual landscape plan is currently being drafted and will be required to be included with the Conceptual Planned Development upon submittal. Within the attached “Old Town Coppell Infrastructure Improvements Planting Keymap”, landscaping is shown along the main drive and directly abutting Lots 1 & 2, Block E. Currently along the main entry, “Little Gem” Magnolias with supplemental plantings of Indian Hawthorne, Feather Grass, Harbour Dwarf Nandina and/or Knock Out Roses are planned for the median; Red Oaks for the parking row ends and Live Oaks within the tree wells (or equivalent overstory trees). These overstory trees will be continued throughout the development in a consistent manner, except for within the retail stretch on Lot 1, Block D. In this area, Savannah Holly accent trees are planned be used in the tree wells. By planting accent rather than overstory trees, the storefronts will remain more visible and the trees will not block the future signage. In all other places where trees are not depicted on the private developer’s side of the road, consistent materials will be used and planting will not be required until the private development takes place. The street lights will match those already found within the district. A good example of the pole to be used is located on the recently improved South Coppell Road. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Old Town Addition Preliminary Plat subject to the following condition: 1. There will be additional comments during the detailed engineering plan review. 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. Preliminary Plat 2. Old Town Coppell Infrastructure Improvements 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 August 10, 2010 17 ✔ PRESENTATION Consider approval of the Old Town Addition, Lots 1-9, Blocks A-G, Final Plat, to subdivide 23.12 acres of property into nine (9) lots located on land generally bounded by Bethel Road, Coppell Road, Burns Street and Hammond Street. The following P&Z conditions remain outstanding: 1. Landscaping should not interfere with the visibility triangles at the intersections. 2. Additional comments will be generated upon detailed engineering review. On July 15, 2010, the Planning Commission unanimously recommended approval of this FINAL PLAT (6-0). Commissioners Jett, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @02 OTA, Lts 1-9, Blks A-G, FP-1 AR ITEM # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Old Town Addition, Blocks A – G, Final Plat P&Z HEARING DATE: July 15, 2010 C.C. HEARING DATE: August 10, 2010 STAFF REP.: Mathew S. Steer, City Planner LOCATION: Bounded by W. Bethel Road on the north, S. Coppell Road on the east, Burns Street on the south and Hammond Street on the west SIZE OF AREA: 23.12 acres of property CURRENT ZONING: H (Historic) REQUEST: A final plat to subdivide property into nine (9) lots. APPLICANT: Applicant: Engineer: Mindi Hurley Trish Hatley City of Coppell Freese and Nichols 255 Parkway Blvd. 1701 N. Market St., Suite 500, LB 51 Coppell, Texas 75019 Dallas, Texas Phone: (972) 304-3677 Phone: (214) 217-2200 Fax: (972) 304-3673 Fax: (214) 217-2201 Surveyor: James Brittain Brittain & Crawford P.O. Box 11374 3908 South Freeway Fort Worth, Texas 76110 Phone: (817) 926-0211 Fax: (817) 926-9347 ITEM # 5 Page 2 of 3 HISTORY: In January 2007, a portion (17 acres) of this property was rezoned to Historic and the future land use plan was amended to allow for a continuation of the targeted uses outlined in the Old Coppell Master Plan - retail, offices, restaurants and similar uses. TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width right-of-way. Freese and Nichols has prepared the construction plans, which are now 90% complete, showing variable right-of-way widths, approximately 28' of concrete pavement width and angled parking spaced intermittently. A small portion of Coppell Road, just north of Bethel Road, is included within these plans. The remainder of South Coppell Road, south of Bethel Road, is a two-lane 36-foot undivided concrete roadway with angled on- street parking on both sides within a 90’ right-of-way. Hammond and Burns Streets are two-lane undivided roadways each within 60-feet of right-of-way. SURROUNDING LAND USE & ZONING: North – office, retail, barber shop and beauty salon; H (Historic) South - office/warehouse; LI (Light Industrial) East – restaurant, residential, office and vacant land; H (Historic), PD-206-H (Planned Development - 206- Historic), PD-108R8-H (Planned Development-108 Revision #8-Historic) West - office/warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for uses described within the Historic District. DISCUSSION: Originally, a Final Plat consisting of the rights-of-way for all streets and Lot 2, Block E was submitted for the purpose of creating a building site for the streets (including on-street parking and streetscaping) and a building site for the Pavilion/Farmer’s Market. Upon staff review, it was determined that the final platting of the entire 23 acres would be most appropriate, because this would allow for the inclusion of necessary easements on the overall property to prepare it for development. Since these changes have already been depicted on the attached Final Plat, it is basically a duplication ITEM # 5 Page 3 of 3 of the Preliminary Plat. Please refer to the DISCUSSION section from the Preliminary Plat staff report for additional information related to plans for the 23 acres. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Old Town Addition Final Plat subject to the following conditions: 1. Additional comments may be generated upon detailed engineering review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Final Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING August 10, 2010 18 ✔ PUBLIC HEARING Consider approval of Case No. PD-237R-HC, QuikTrip, a zoning change request from A (Agriculture) to PD-237R-HC (Planned Development-237 Revised-Highway Commercial) to attach a detail site plan to allow a 4,900-square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive. This case was originally advertised for the July 13, 2010 meeting. At that meeting, the public hearing was opened and continued to the August 10th meeting. On July 28, 2010, staff received a letter (attached) from JD Dudley requesting to postpone the case until the September 14th meeting; therefore, staff is recommending the public hearing remain open and continued until September 14, 2010. A SIMPLE MAJORITY VOTE WILL CONTINUE THIS CASE TO THE SEPTEMBER 14TH MEETING DATE. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) WILL BE NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING CHANGE . On July 13, 2010, Council opened and continued the public hearing to the August 10, 2010 meeting at the applicant's request (6-0). On June 17, 2010, the Planning Commission recommended DENIAL of this ZONING CHANGE (5-1). Commissioners Jett, Haas, Frnka, Duncan and Kittrell voted in favor of the denial; Tankersley opposed. Staff recommends DENIAL. @03 PD-237R-HC, QuikTrip-1 AR ITEM # 8 Page 1 of 8 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-237R-HC. QuikTrip P&Z HEARING DATE: June 17, 2010 C.C. HEARING DATE: July 13, 2010 STAFF REP.: Matt S. Steer, City Planner LOCATION: Northeast corner of South Belt Line Road and the proposed extension of East Dividend Drive. SIZE OF AREA: 2.03 acres of property CURRENT ZONING: A (Agricultural) REQUEST: A zoning change to PD-237R-HC (Planned Development-237 Revised-Highway Commercial), to attach a detail site plan to allow a 4,900-square-foot convenience store with eight gas pump islands (16 pumps). APPLICANT: Applicant: Landscape Architect: JD Dudley Mike Ramsey Quiktrip Ramsey Landscape Architects 1120 N Industrial Blvd. 11914 Wishing Well Ct. Euless, Texas 76039 Frisco, Texas 75035 Phone: (817) 786-3187 Phone: (972) 335-0889 Fax: (918) 615-7059 Fax: (469) 362-5433 jdudley@quiktrip.com mike.rla@att.net ITEM # 8 Page 2 of 8 Engineer: Cheralyn Armijo Glenn Engineering 105 Decker Ct., Suite 910 Irving, Texas 75062 Phone: (972) 717-5151 Fax (972) 717-2176 cmarmijo@glennengineering.com HISTORY: On October 14, 2008, a Preliminary Plat was approved for 28.14 acres of property located on the east side of South Belt Line Road, and has since expired. A final plat for East Dividend Drive was approved concurrent with the preliminary plat. A new Preliminary Plat, Final Plat and appropriate zoning will be required prior to any development of the 27 acres (not including East Dividend Drive) along the east side of S Belt Line Road. The current request is for zoning of two acres of property. TRANSPORTATION: South Beltline Road is a P6D, major thoroughfare built to standard in l20-foot right-of-way. East Dividend Drive is planned to be a four-lane divided roadway within 90 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – vacant; A (Agricultural) South – vacant; A (Agricultural) East – vacant; A (Agricultural) West – vacant; PD-221R3-HC (Planned Development-221- Revision 3- Highway Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as amended, shows the property as suitable for freeway office uses. DISCUSSION: This is the first Detail Planned Development proposal out of a larger tract of land approximately 27 acres in size located on the east side of South Beltline Road, north of the proposed extension of East Dividend Drive. A 4,900-square-foot convenience store and a 7,100-square- foot gas canopy with eight pump islands (16 total pumps) are proposed. The proposed hours of operation are 24 hours a day, seven days a week. ITEM # 8 Page 3 of 8 As mentioned in the HISTORY section, East Dividend Drive was final platted in 2008 establishing the 90-foot right-of-way for the construction of a four-lane divided roadway. A temporary turnaround at the city limit line has been approved and recorded with the county. This road is envisioned to eventually be extended into the Cypress Waters Development within the North Lake Property (City of Dallas). The property is part of a larger tract of 27 acres currently zoned Agricultural, which is a temporary zoning classification until the appropriate zoning of Highway Commercial is established. Highway Commercial is the base zoning of the Planned Development request. Typically, a special use permit would be required for a gas station or convenience store use, but because the applicant is requesting so many exceptions to the Zoning Ordinance, they decided to ask for ALL the variances under the guise of a Planned Development. According to the Zoning Ordinance, The “HC” highway commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise offices, and should be located generally along high-volume thoroughfares. The site characteristics for each area should be designed in a manner to create an attractive appearance from I.H. 635 and S.H. 121, and an impressive gateway into the community. Because these areas are designated as major thoroughfare entry points, emphasis has been placed on building arrangement, setbacks, parking, and landscape treatment, which are intended to be elements influencing the character of entrance into the city. It is the intention of the “highway commercial” zoning district to create an attractive and unique entrance into the city. This planned development request was initially reviewed based on the “impressive gateway” premise of the HC District, and staff does not feel that a large scale gas station fits in with this vision. A similar proposal was denied in 2008 for a RaceTrac gas station/C-store proposal south of this site on the west side of South Belt Line Road. Staff was strongly opposed to the land use, consistent with the recommendation for this proposal. The applicant has met several times with city staff to discuss the issues at hand. Originally submitted in December 2008, the applicant first postponed the request to the January 2009 Planning and Zoning Commission Meeting and then eventually submitted a letter withdrawing the case. They stated that the decision was made after several meetings with city staff and their consultants, realizing that the use will not be supported even if all site plan and building articulation requirements have been met. Since the original submittal, the applicant is proposing to enlarge the land area ITEM # 8 Page 4 of 8 to meet the area requirements of the Landscape Section of the Zoning Ordinance. In several of the meetings with the applicant, a comment related to reorienting the gas canopy and c-store on site was suggested by staff. The reason this point was discussed was to enhance the site to be more in line with the “Gateway” premise of the HC District. If reoriented, the gas canopy would not be fronting on Belt Line Road (either the side of the canopy, or the C-store would front Belt Line) and it would be less obtrusive at the entry into Coppell. The applicant has offered little change to their initial building configuration, but to their credit have made substantial modifications to the landscape plan and a couple of material “upgrades” to the elevations. Ideally, a Conceptual Planned Development for the entire 27-acre tract establishing accessibility, circulation patterns, utilities, signage and architectural compatibility would be in place prior to or concurrent with a detail planned development proposal for an individual parcel. This is not the case with this proposal, leaving several unresolved issues at this time. The need for access to/from future adjacent development is unknown. The architectural compatibility of the overall development should not be based on a prototypical gas station with bright red striping, large internally illuminated plastic awnings, brown concrete bollards spaced every three feet, “QT brown” concrete monument signs, etc.. With a Conceptual Planned Development for the entire property in place, the architectural style and tone for the 27 acre property would be set and this proposal would need to conform to it, not vice versa. In an attempt to achieve some uniformity to the development, staff requested and received a letter from the owner of the entire tract of land stating that the remaining vacant property north of East Dividend Drive will be developed with similar brick and stone consistent with this proposal. There are discrepancies between the general utility plan submitted for Dividend Drive and the site specific one for this proposal which too could be rectified with proper planning for the entire tract. Staff has reviewed the plans several times, each subsequent time on a technical basis as if the land use and unsightliness weren’t issues, to clear up the majority of the comments and drafting revisions needed. These are included within staff’s recommendation. The site planning issues not specifically related to land use are outlined below. Site Plan: The site plan shows the 4,900-square-foot convenience store located toward the east side of the site which is dwarfed by a 7,129-square- foot gas canopy in front on the west side. The circulation to and from the site is adequate, but as mentioned above, staff is unclear of how ITEM # 8 Page 5 of 8 this will function as a part of a larger development. Specific to this site, staff was informed midway through the last submittal process, that there are a total of 55 brown concrete bollards proposed in front and in back of the convenience store. These are proposed to separate the walkway in front of the building from the parking. Throughout the City of Coppell, a six-foot sidewalk is typically used to give the storefront a slightly raised (six-inch curb height) entry and to separate the vehicular use from the pedestrian access. If there is any possibility of approving this request, staff is recommending that the bollards be removed and a standard sidewalk be used. Parking: According to the Zoning Ordinance within the HC District, no more than 50% of the required parking can be located in the front of the building. This requirement is specific to the HC District in order to create a better appearance from the adjacent thoroughfares. This proposal is not meeting this requirement, as there are a total of 25 parking spaces required; and 38 are proposed with 18 of those spaces (>50% of the required) in the front yard. This does not include the parking and paved area adjacent to the gas pumps, which wasn’t envisioned when creating the HC Section of the Zoning Ordinance. To overcome this zoning violation, the applicant has included this as a PD condition. If the applicant reconfigures the site as recommended by staff (reorienting the building closer to Belt Line Road with the eight gas pump islands either to the side or the rear), this would eliminate the need for the variance. It has been recommended that a bermed hedge row be used to screen the parking lot and gas pumps from Belt Line, but the applicant has advised staff that they would not do this as it would decrease the visibility of the gas pumps. Landscaping: The required landscape areas have been met. Since the initial submittal in December 2008, the applicant extended the property 50 feet to the north, creating additional area for landscaping. The applicant is providing Cedar Elms along S Belt Line (Primary Image Zone) and Crepe Myrtles planted in groupings at the entry points, meeting the minimum requirements of the Streetscape Ordinance. The HC District calls for a landscape treatment to “influence the character of the entrance into the city.” Even though the minimum requirements of the Landscape Section of the ordinance have been met, an expansive amount of pavement with gas pumps and parking is not the gateway envisioned. Staff requested a berm hedge-row on S Belt Line Road and East Dividend Dr and to include a landscape island at the end of the gas canopy to soften the appearance. Neither of these requests were addressed. ITEM # 8 Page 6 of 8 Elevations and Signage: The convenience store building façade is a slightly altered prototypical QT design, and does not fit with the character of recent retail development in Coppell subjected to the same regulations. To the applicants’ credit, they have removed the “QT button signs”, and have added stone columns and a mansard roof since the initial submittal. There are two awnings proposed- one large awning extending the majority of the front facade and a smaller one on the rear entry. Within the Zoning Ordinance, awnings are allowed, but are specified to be of a neutral color, constructed of fabric and to not be illuminated. The proposed awnings are bright red in color, made of shiny stretched plastic and illuminated, bringing special attention to them in the night and early morning. Signs are specifically prohibited on awnings, but the applicant insists that this is necessary for the project to proceed. These are listed as conditions of the PD on the Site Plan. At the Development Review Committee meeting, staff made some architectural suggestions to the applicant. Upon resubmittal of the attached revised plans, a letter was attached that indicated that “QT is looking into enhancements to see if any changes can be made.” At the time this staff report is being drafted, staff still has not received any changes. Therefore, staff is requesting additional fenestration on each elevation, and a roof style change from mansard to either hip or gable. In an attempt to combat the unsightliness of the gas canopy, staff recommended that a standing seam roof be added. The applicant complied with this request, but did it incorrect architecturally. The canopy roof should extend beyond the fascia and the fascia should be narrowed. The canopy also needs substantial modifications to comply with the Zoning Ordinance. The applicant insists that the red illuminated acrylic striping along the metal champagne colored canopy fascia is needed and will not alter their proposal. The striping is considered as “signage” within the definition given in the Zoning Ordinance. This states, a sign is anything that is “visible from outside the premises on which it is located and that is designed, intended or used to inform, to advertise or to attract the attention of persons not on those premises.” Signage is strictly PROHIBITED on gas canopies, and the applicant has listed this as yet another PD condition. The monument sign is a brown concrete sign with interchangeable price plates. If this application is approved, staff recommends that this sign be altered to include the same brick and stone as is shown on the c-store elevations. The location of the monument sign is proposed to be in the southwest corner 15 feet from each right-of-way line. ITEM # 8 Page 7 of 8 Summary: PD Conditions requested: 1. Gas station and C-store land use. 2. Greater than 50% of the required parking is located in the front yard. 3. Red illuminated band on the canopy. 4. Red illuminated vinyl awning/canopy sign on the front and back of the building. All and all, the applicant has been informed that staff could not support this particular plan and that we would need a completely different plan with the structures reoriented- the main structure closer to Belt Line Road with the gas canopy to the side or rear of the site for a more attractive appearance. The land use envisioned for this property is freeway office, which is defined as an area permitting medium-to-large scale development of office parks, corporate offices, and office lease space. A gas station does not fall within that definition. Staff is unable to support this plan, and recommends denial based on: 1. It being the wrong land use for this location; 2. The HC District calls for an attractive appearance from IH 635 and an impressive and unique gateway/entrance into the community placing emphasis on building arrangement, setbacks, parking, and special landscape treatment and this proposal is not unique and creates and unsightly appearance at the gateway to the community with no consideration being given to alter the gas canopy and building orientation; 3. A very similar gas station proposal (RaceTrac) was recently denied across the street; 4. The architectural tone of a larger development being set by a gas station; 5. An expansive amount of paved area; and finally, 6. Proposed visual clutter including but not limited to excessive amount of bollards, nonconforming signage, pump colors and tops. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this request due to the land use, site design and overall appearance not being compatible with what was envisioned for this location. The following is a list of outstanding items: 1. Reorient the proposed building to the southwest corner of the site, position the gas canopy north of the structure and perpendicular to S Belt Line Rd. 2. Add fenestration on each façade. 3. Create a more traditional roof type (hip or gable as opposed to mansard) more characteristic of recent retail constructed in Coppell. 4. Construct a curb in front of parking spaces and eliminate the bollards shown, unless otherwise prohibited by the Texas Accessibility Standards. ITEM # 8 Page 8 of 8 5. Place a berm with a hedge row on top within the landscape area along South Belt Line Road and East Dividend Drive. 6. Include a landscape island at the end of gas canopy and include architectural element (i.e. boulder or stone monument) to prevent trucks from driving on it. 7. Alter the monument sign base to include the same brick and stone as is shown on the c-store elevations. 8. Revise the vicinity map to accurately reflect the proposed location of requested zone change (northeast corner of S. Belt Line Rd. and E. Dividend Dr. extension). 9. Extend the mutual access drive on the northeast portion of the property to the northern boundary if a compatible use is proposed for the property to the north. 10. Show details of proposed brick pavers directly adjacent to the building on detail sheet. 11. Include the contact person’s name within the contact information listed on plans. 12. Label the proposed fire lane and mutual access easements. 13. The Site Plan still shows 'vent lines' near the dumpster enclosure. The underground fuel storage tank vent lines shall be integrated into the fuel island canopy design. 14. The Floor Plan does not show a 'fire riser room'. The fire riser room shall be a minimum 64 square feet with direct exterior access. 15. The Utility Plan does not show a Fire Department connection. The Fire Department connection shall be detached from the building and located adjacent to a fire hydrant. 16. Rectify inconsistencies between overall utility plan and site specific plan (i.e. fire hydrants along Dividend do not match). 17. Remove striping from the canopy as this is not permitted. 18. Additional comments to be generated upon detailed engineering plan submittals. 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: Site Plan Preliminary Utility Plan Landscape Plan/Tree Survey Floor Plan Site Details Elevations (4 pages) Monument Sign Exhibit Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX Presentation Exhibit 5000RE QuikTrip StoreBuilding Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Building 0969BEL00-004 - CAD.dwg, 8.5x11, 6/7/2010 3:27:57 PM, jkim Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX Presentation Exhibit 5000RE QuikTrip StoreBuilding Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Building 0969BEL00-04.dwg, 8.5x11, 6/7/2010 3:27:28 PM, jkim AirFree Street: City, State:QuikTrip Store No. :969 NEC of Beltline & Dividend Coppell, TX Presentation Exhibit DS10 Gas CanopyGas Canopy Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Gas Canopy 0969GEL00-03 - CAD.dwg, 8.5x11, 6/7/2010 3:27:43 PM, jkim Street: City, State:QuikTrip Store No. :969 NEC of Beltline & Dividend Coppell, TX Presentation Exhibit DS10 Gas CanopyGas Canopy Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Gas Canopy 0969GEL00-03.dwg, 8.5x11, 6/7/2010 3:27:12 PM, jkim ® ® K:\Projects\Div 08 Dallas\0969\Signage\P-010H - 2 Pricer.dwg, Sign Layout, 6/7/2010 3:26:56 PM, jkim 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 August 10, 2010 19 ✔ PROCEDURAL Consider approval of accepting the resignation of Wendy Dunn from the Library Advisory Board and advancing Stephen Smith up from an alternate to fill the unexpired term of Wendy Dunn. Wendy Dunn has submitted a letter of resignation from the Board. Her appointment is set to expire December 2010. Staff recommends that Stephen Smith, who is currently serving as the first alternate, be appointed to fill the completion of the term. Staff recommends not filling Stephen Smith's alternate position at this time since that position is set to expire in December 2010. Staff recommends acceptance of the resignation and approval of the replacement. %libresignation Christel Pettinos - library board Hi Kathy. Just a head’s up that I’m moving to Fort Worth at the end of this week. Ultimately, I’m moving due to some family needs, not a job…so please continue to keep your ears open for me! I’m not sure what to do about the library board. There only are a few meetings left in my term, so I’m willing to drive in for them. However, as I won’t be a Coppell resident anymore, I’m not sure that’s even a possibility. Please just tell me whatever the best solution is and I’ll happily do it! Kathy, there is no possible way I ever could thank you and your staff for all you (as individuals and as a whole) have done for me. You’ve impacted my life in a huge way and I will be forever grateful. Thank you. ---------------------------------------------------- Wendy E. Dunn "There will come a time when you believe everything is finished. That will be the beginning." --Louis L'Amour From: "Wendy Dunn" <wendydunn@gmail.com> To: "Kathy Edwards" <kedwards@ci.coppell.tx.us> Date: 7/26/2010 9:44 AM Subject: library board Page 1 of 1 8/2/2010file://C:\Documents and Settings\cpettinos\Local Settings\Temp\XPgrpwise\4C56AA3CCity_of_CoppellTow... AGENDA REQUEST FORM DATE: August 10, 2010 ITEM #: 20 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: August 10, 2010 ITEM #: 21 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: August 10, 2010 ITEM #: 22 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: August 10, 2010 Department Submissions: Item No. 13 was placed on the Agenda for the above-referenced City Council meeting by the Information Systems Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Information Systems Department Item No. 8/D was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 8/E and 8/F were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 8/G, 8/H, 16, 17 and 18 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)