CP 2010-12-14
NOTICE OF CITY COUNCIL MEETING AND AGENDA
DECEMBER 14, 2010
DOUG STOVER BOB MAHALIK, Place 2
Mayor 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)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:30 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, December 14, 2010, at 5:30 p.m. for
Work Session with a Board and Commission Reception being held from 6:30 p.m.
to 7:30 p.m., 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:
1. Call to order.
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ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Presentation by Fred Hill and Dan Shelley regarding upcoming
Legislative Session.
B. Discussion of Agenda Items.
RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM
6:30 PM TO 7:30 PM.
REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a proclamation honoring the Coppell High School
Cowboys Football team for their outstanding 2010 season, and authorizing
the Mayor to sign.
7. Consider approval of a proclamation honoring Samuel Scott Ford for
achieving the rank of Eagle Scout, and authorizing the Mayor to sign.
8. Consider approval of a proclamation honoring Walter Smith Munnings for
achieving the rank of Eagle Scout, and authorizing the Mayor to sign.
9. Consider reappointment of Thomas Massimi, Gina Mote, April Terry, Bill
Elieson, Robert Brummitt and Eric Pratt to the Coppell Education
Development Corporation for a period of not more than one year.
10. Consider approval of accepting the resignation of Charles Dart from the
Keep Coppell Beautiful Board and appointing Tabitha Wilson to fill the one
year term.
11. Swearing in of newly appointed Board/Commission/Committee members.
12. Citizens' Appearances.
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ITEM # ITEM DESCRIPTION
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 9, 2010 and
November 10, 2010.
B. Consider approval to utilize the City of Plano's contract with Nortex
Concrete Lift and Stabilization, as authorized by the Texas Local
Government Code, Section 271.102, Subchapter F, to perform our
yearly street repair/mud jacking program, in an amount of $100,000
as provided for in the Infrastructure Maintenance Fund.
C. Consider approval of awarding Bid/Contract #Q-1110-01 Water
Meters for the purchase of water meters in the following manner:
Series #100 to Hersey Meters Company, Series #300 and #400 to
Ferguson Meter and Automation Group, and Series #500 to Metron-
Farnier for an amount not to exceed $206,000.00 as budgeted; and
authorizing the City Manager to sign and execute any necessary
documents.
D. Consider approval of a Resolution denying the request by Texas
New Mexico Power Company to increase electric transmission and
distribution rates and charges, providing for notice hereof to said
company and authorizing the Mayor to sign.
E. Consider approval to purchase from Caldwell County Chevrolet
one (1) 2011 Chevrolet 2500HD Silverado Ext Cab CC20953 Pick-up
Truck in the amount of $29,615.00 for Facilities and one (1) 2011
Chevrolet 2500HD Silverado Ext Cab CC20953 Pick-up Truck in the
amount of $24,781.00 for Parks through an Inter-local agreement
with Buyboard as budgeted and authorizing the City Manager to
sign all related documentation.
F. Consider approval to purchase from Philpott Motors one (1) 2011
Toyota Tacoma Pick-up Truck in the amount of $22,914.00 for
Building Inspections, one (1) Ford F250 Pick-up in the amount of
$31,987.00 for Parks, one (1) Ford F250 Pick-up in the amount of
$32,087.00 for Parks, one (1) Ford F450 Cab/Chassis Pick-up in the
amount of $44,498.00 for Utilities, and one (1) 2011 Ford F350
Cab/Chassis Pick-up Truck in the amount of $36,449.00 for Streets
through an Inter-local agreement with Buyboard as budgeted and
authorizing the City Manager to sign all related documentation.
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ITEM # ITEM DESCRIPTION
END OF CONSENT
14. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Global Leading Foods HPP,
LLC, and authorizing the Mayor to sign.
15. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone for
STMicroelectronics, Inc. pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered
for Reinvestment Zone designation is the property described as Lot 1R2,
Block 1 of GTE Shared Services Center Addition (13.699 acres), located at
the northeast corner of State Highway 121 and Canyon Drive, Coppell,
Texas.
16. Consider approval of an Ordinance designating STMicroelectronics, Inc.,
Reinvestment Zone No. 62, and authorizing the Mayor to sign.
17. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and STMicroelectronics, Inc., and
authorizing the Mayor to sign.
18. PUBLIC HEARING:
Consider approval of Case No. PD-248-SF-18 (CH) Carter Estates, zoning
change from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18
(Planned Development 248-Single Family-18), to establish zoning which is
reflective of the existing development and lotting patterns within this 38
acres of property generally located south of Bethel School Road, west of
Moore Road and north of Belt Line Road (DART ROW).
19. PUBLIC HEARING:
Consider approval of Case No. PD-247-LI, Coppell Commerce Center
Addition, Lot 3, Block 4, a zoning change request from LI (Light Industrial)
to PD-247-LI (Planned Development-247-Light Industrial), to allow site and
building modifications on 4.04 acres of land located at the southwest
corner of S. Coppell Road and Burns Street (815 S. Coppell Road) at the
request of CRP Holdings B, LP, being represented by Mark Pross, Pross
Design Group.
20. PUBLIC HEARING:
Consider approval of Case No. PD-237R2-HC, Lesley Retail, a zoning
change request from A (Agriculture) to PD-237R2-HC (Planned
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ITEM # ITEM DESCRIPTION
Development-237 Revision 2-Highway Commercial), to attach a Concept
Site Plan for hotel, office and retail development on 28.14 acres of land
located at the northeast corner of Hackberry Drive and South Belt Line
Road, at the request of Sam Ramsey, Lesley Properties, Ltd.
21. PUBLIC HEARING:
Consider approval of Case No. PD-237R3-HC, QuikTrip, a zoning change
request from PD-237R2-HC (Planned Development-237 Revision 2-Highway
Commercial) to PD-237R3-HC (Planned Development-237 Revision 3-
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, at the request of QuikTrip, being
represented by J.D. Dudley.
22. City Manager's Report.
A. Project Update and Future Agendas.
23. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Leadership Coppell.
C. Report by Mayor Stover regarding the Holiday Food Drive.
D. Report by Mayor Stover regarding the Coppell Farmers Market.
E. Report by Mayor Stover regarding Garbage and Recycling Pick-Up
Schedules.
24. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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ITEM # ITEM DESCRIPTION
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 _________ day of
_________________, 2010, at __________________.
____________________________________
Christel Pettinos, City Secretary
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).
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KEY TO COUNCIL GOALS ICONS
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM
DATE: December 14, 2010
ITEM #: ES-2
WORK SESSION
A. Presentation by Fred Hill and Dan Shelley regarding upcoming Legislative Session.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 %wksessn
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
December 14, 2010
6
✔
PROCLAMATION
Consider approval of a proclamation honoring the Coppell High School Cowboys Football team for their outstanding
2010 season, and authorizing the Mayor to sign.
Staff recommends approval.
!CHS Cowboys - 1 AR
PROCLAMATION
WHEREAS, the Coppell Cowboys High School Football team advanced to the fourth round of
Class 5A state playoffs for the first time in school history; and
WHEREAS, the team and coaches accomplished this achievement through great determination,
leadership and heart; and
WHEREAS, the Cowboys finished the season with 13 wins and 1 loss; and
WHEREAS, Coppell is proud of these young athletes not only for having a winning season, but
for practicing good sportsmanship and playing as a team while maintaining focus, determination, and high
level of intensity; and
WHEREAS, the City Council wishes to give special recognition to Head Coach Joe McBride and
the entire coaching staff for their leadership and vision; and
WHEREAS, the City Council wishes to recognize the contributions made by the trainers and team
managers; and
WHEREAS, the City Council wishes to show appreciation to the Coppell Cowboys Football
Team for the excellent manner in which they represented Coppell High School and the city of Coppell.
NOW, THEREFORE, I, Doug Stover, Mayor of the city of Coppell, Texas, and on behalf of the
Coppell City Council do hereby recognize and congratulate the Coppell Cowboys Football Team.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be
affixed this _____ day of December 2010.
____________________________
Doug Stover, Mayor
ATTEST:
___________________________
Christel Pettinos, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
December 14, 2010
7
✔
PROCLAMATION
Consider approval of a proclamation honoring Samuel Scott Ford for achieving the rank of Eagle Scout, and
authorizing the Mayor to sign.
Staff recommends approval.
!Eagle Scout Ford - 1 AR
PROCLAMATION
WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and
it requires hard work and lengthy preparation; and
WHEREAS, merit badges had to be earned and a service project conceived,
planned, managed, and completed in order to achieve the rank of Eagle Scout; and
WHEREAS, Samuel Ford of Boy Scout Troop 874 led the construction and
installation of four wooden benches and constructed a walkway between the
benches at Camp Sweeney, a camp for diabetic kids in Callisburg TX, run by the
Southwestern Diabetic Foundation; and
WHEREAS, the image of Coppell is positively advanced through the
success and achievements of this young man, who has exhibited initiative,
determination, and perseverance.
WHEREAS, the City Council wishes to commend Samuel Ford for achieving
the rank of Eagle Scout, and recognize him as a solid citizen and future leader of
tomorrow.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell,
do hereby congratulate Samuel Ford for achieving the rank of Eagle Scout.
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this _______ day of December 2010.
______________________________
Douglas N. Stover, Mayor
ATTEST:
___________________________
Christel Pettinos, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
December 14, 2010
8
✔
PROCLAMATION
Consider approval of a proclamation honoring Walter Smith Munnings for achieving the rank of Eagle Scout, and
authorizing the Mayor to sign.
Staff recommends approval.
!Eagle Scout Munnings - 1 AR
PROCLAMATION
WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and
it requires hard work and lengthy preparation; and
WHEREAS, merit badges had to be earned and a service project conceived,
planned, managed, and completed in order to achieve the rank of Eagle Scout; and
WHEREAS, Walter Smith Munnings of Boy Scout Troop 914 constructed
an outdoor fire pit benefiting the Coppell YMCA which not only added aesthetic
value but also an excellent place for families to gather and hold ceremonial
programs for various YMCA groups; and
WHEREAS, the image of Coppell is positively advanced through the
success and achievements of this young man, who has exhibited initiative,
determination, and perseverance.
WHEREAS, the City Council wishes to commend Walter Smith Munnings
for achieving the rank of Eagle Scout, and recognize him as a solid citizen and future
leader of tomorrow.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell,
do hereby congratulate Walter Smith Munnings for achieving the rank of Eagle
Scout.
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this _______ day of December 2010.
______________________________
Douglas N. Stover, Mayor
ATTEST:
___________________________
Christel Pettinos, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
December 14, 2010
9
✔
PROCEDURAL
Consider reappointment of Thomas Massimi, Gina Mote, April Terry, Bill Elieson, Robert Brummitt and Eric Pratt to the
Coppell Education Development Corporation for a period of not more than one year.
Finance will distribute the last budgeted allocation plus carryover and interest accrued in August 2011. The CEDC
Board members will need to ratify the Annual Report for FY 2010-11 and also approve the necessary documents to
sunset the Board. All six current members have agreed to continue to serve. Since they will only meet once for the
purpose stated above, staff recommends that six board members are sufficient to carry out this task.
Staff recommends approval.
!CEDC - 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:
City Secretary
December 14, 2010
10
✔
PROCEDURAL
Consider approval of accepting the resignation of Charles Dart from the Keep Coppell Beautiful Board and
appointing Tabitha Wilson to fill the one year term.
Charles Dart has submitted a letter of resignation from the Keep Coppell Beautiful Board. His appointment is set to
expire December 2011. Staff recommends appointing Tabitha Wilson to fill the one year term.
Staff recommends acceptance of the resignation and appointment of
Tabitha Wilson.
%kcbresignation
(12/3/2010) Christel Pettinos - Fwd: Resignation Page 1
From: Cristal Rollins
To:Pettinos, Christel
Date: 11/18/2010 8:26 AM
Subject: Fwd: Resignation
I was afraid this would happen with his new job! I need to have him send you a formal resignation right?
>>> Chuck Dart <cdart6631@yahoo.com> 11/18/2010 8:21 AM >>>
Cristal,
With tonight being one more work related conflict resulting in an absence, it is
time for me to resign. I have enjoyed participating on the board and I'll miss
the fellow board members and our activities together.
I'm sure there is a qualified candidate who can take my place at next month's
swearing in at city hall.
Best wishes to all of you for the holidays.
Thanks
Chuck
PS - I'll be there Saturday for pick up with my pick up!
"When the only tool you own is a hammer, every problem begins to resemble a
nail."
Abraham Maslow
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 ȱ
City Secretary
December 14, 2010
11
✔
PROCEDURAL
Swearing in of newly appointed Board/Commission/Committee members.
%swearin
AGENDA REQUEST FORM
DATE: December 14, 2010
ITEM #: 12
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
December 14, 2010
13/A
✔
PROCEDURAL
Consider approval of minutes: November 9, 2010 and November 10, 2010.
Minutes of the City Council meeting held on November 9, 2010 and November 10, 2010.
Staff recommends approval.
%minutes
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MINUTES OF NOVEMBER 9, 2010
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
November 9, 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 and Section 551.072 – Deliberation
regarding Real Property.
1. Seek legal advice from the City Attorney concerning
the settlement and land purchases agreements with
the Billingsleys at Northlake.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. West of Belt Line Road and North of Dividend.
Mayor Pro Tem Mahalik convened into Executive Session at 5:50 p.m.
Mayor Pro Tem Mahalik adjourned the Executive Session at 6:27 p.m. and
opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Board/Commission Appointments.
B. Presentation and Discussion regarding addition of
Mausoleum Services.
C. Discussion regarding the Sign Ordinance Revision.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Jason Graves, Riverside Church of Christ, led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Pro Tem Mahalik led those present in the Pledge of Allegiance.
7. Comments from Mayor Pro Tem Mahalik.
Mayor Pro Tem Mahalik thanked the citizens for their kind words, the city
staff for their support, the Council members for their guidance, and his wife
and family for their willingness of time. He has a new level of respect for
the mayors before him.
8. Consider approval of a proclamation naming November 9, 2010
as Matthew A. Bauer Day, and authorizing the Mayor to sign.
Mayor Pro Tem Mahalik read the proclamation for the record and presented
the same to Matthew A. Bauer.
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Action:
Councilmember Faught moved to approve the proclamation naming
November 9, 2010 as Matthew A. Bauer Day, and authorizing the Mayor to
sign. Councilmember Franklin 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.
9. Report by Park Board.
Greg Garcia, Chair, made the Board’s semi-annual report to Council.
10. Citizens' Appearances.
1) Doug Stover, 906 Beau Ln., spoke regarding Tomorrow and Today.
2) Angie Ambercrombie, 532 Christie Ln., spoke against Carter Estates.
3) Brian Rathe, 501 Carter Dr., spoke against Carter Estates.
4) Shawnee Ingrum, 516 Carter Dr., spoke against Carter Estates.
5) James Lasater, 533 Carter Dr., spoke against Carter Estates.
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 26, 2010.
B. Consider approval of the purchase of a replacement
Integrated Library System from GIS Information Systems in
the amount of $95,157.00 as budgeted, and authorizing the
City Manager to sign.
C. Consider approval of an Agreement with AJ Duffy and
Company, to provide contract administration and
construction observation services for the proposed Coppell
Aquatic and Recreation Center expansion project, and
authorizing the City Manager and the President of the
Coppell Recreation Development Corporation to sign.
D. Consider approval of an Ordinance for Case No. PD-214R4-
C, Arbor Manors Addition, Lot 4R1, Block A, (Medical
Office), a zoning change from PD-214R2-C (Planned
Development-214 Revision 2-Commercial) to PD-214R4-C
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(Planned Development-214 Revision 4-Commercial), to
attach a Detail Plan to allow the construction of a 4,639-
square-foot medical office building on 0.69 acres of
property, located at the northwest corner of South Denton
Tap Road and West Braewood Drive and authorizing the
Mayor Pro Tem to sign.
E. Consider approval of an Ordinance for Case No. PD-228R3-
HC, Vista Ridge Retail, Lot 2, Block A, (Whataburger), a
zoning change from PD-228-HC (Planned Development-228-
Highway Commercial) to PD-228R3-HC (Planned
Development-228 Revision 3-Highway Commercial), to allow
a 3,687-square-foot restaurant with drive through service
on approximately 1.11 acres of property, located on S.H.
121 approximately 210 feet east of North Denton Tap Road
and authorizing the Mayor Pro Tem to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B, C,
D carrying Ordinance No. 91500-A-556 and E carrying Ordinance No.
91500-A-557. Councilmember Hunt 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. Consider approval of the Carter Addition, PH III, Preliminary
Plat, to subdivide 20.28 acres of property into twenty-seven (27)
single-family residential lots and two (2) common area lots
located on the south side of Carter Drive, approximately 925 feet
west of Moore Road at 441 Carter Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Bill Dalstrom, representing the applicant, addressed the Council.
Steve Scheetz, 517 Carter Dr., spoke against the proposal.
Burt Odum, 433 Carter Dr., spoke against the proposal.
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EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
Mayor Pro Tem Mahalik convened into Executive Session at 8:25 p.m.
Mayor Pro Tem Mahalik adjourned the Executive Session at 9:10 p.m.
REGULAR SESSION (Open to the Public)
Presentation:
Ken Griffin, Director of Engineering, addressed questions of Council
concerning traffic and speed limits.
Gary Sieb, Director of Planning, addressed questions of Council
regarding density and the Comprehensive Plan.
Robert Hager, City Attorney, addressed Council to advise of their
responsibilities.
Action:
Councilmember Brancheau moved to approve the Carter Addition, PH III,
Preliminary Plat, to subdivide 20.28 acres of property into twenty-seven (27)
single-family residential lots and two (2) common area lots located on the
south side of Carter Drive, approximately 925 feet west of Moore Road at
441 Carter Drive, subject to the following conditions:
1) Submission of a Detail Landscape Plan for the Common Area Lots
and HOA documents to ensure their maintenance;
2) Park Development fees in the amount of $1,285.00 per lot will be
assessed and required to be paid prior to recordation of the plat;
3) An estimated contribution in the amount of $161,900.00 to the City
of Coppell Reforestation & Natural Areas fund will be required prior
to the removal of any trees from the site; and
4) Additional comments may be generated during detailed engineering
plan review, including further evaluation of drainage.
Cm110910
Page 6 of 11
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.
13. Consider approval of a Resolution approving the terms and
conditions of an Interlocal Agreement between the City of
Carrollton and the City of Coppell regarding the sale and
purchase of communication equipment, repair and related
services; and authorizing the Mayor Pro Tem to sign.
Presentation:
Gary Nix, Interim Police Chief, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve Resolution No. 2010-1109.1
approving the terms and conditions of an Interlocal Agreement between the
City of Carrollton and the City of Coppell regarding the sale and purchase
of communication equipment, repair and related services; and authorizing
the Mayor Pro Tem to sign. Councilmember Hunt 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.
14. Consider and authorize City Manager to negotiate and execute a
purchase and sale agreement, and any necessary agreements and
instruments related thereto, for the transfer of Lot 2, Block A of
the Grapevine Springs Community Center Addition,
approximately 0.1365013 acres of land, to the Coppell Economic
Development Foundation, acting as an independent foundation,
for the resale of such property to Elias R. Dragon and Ann M.
Dragon.
Mayor Pro Tem Mahalik announced that this item was pulled from the
agenda.
15. Consider and authorize City Manager to negotiate and execute a
purchase and sale agreement, and any necessary agreements and
instruments related thereto, for the transfer of Lot 1, Block A;
Cm110910
Page 7 of 11
Lot 1, Block B; Lot 1, Block C; Lot 1, Block D; Lot 1, Block E;
Lot 1, Block F; Lot 2, Block G; and Lot 2, Block A of the Old
Town Addition, approximately 10.06 acres of land, to the
Coppell Economic Development Foundation, acting as an
independent foundation, for the resale of such property to CSE
Commercial Real Estate. L.P. for the future development of a
mixed-use center.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Action:
Councilmember Tunnell moved to approve and authorize the City Manager
to negotiate and execute a purchase and sale agreement, and any
necessary agreements and instruments related thereto, for the transfer of
Lot 1, Block A; Lot 1, Block B; Lot 1, Block C; Lot 1, Block D; Lot 1, Block
E; Lot 1, Block F; Lot 2, Block G; and Lot 2, Block A of the Old Town
Addition, approximately 10.06 acres of land, to the Coppell Economic
Development Foundation, acting as an independent foundation, for the
resale of such property to CSE Commercial Real Estate. L.P. for the future
development of a mixed-use center. Councilmember Franklin 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.
16. Discuss and consider approving a Development Agreement
between the City of Coppell and CSE Commercial Real Estate,
L.P. and authorize the City Manager to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Action:
Councilmember Franklin moved to approve a Development Agreement
between the City of Coppell and CSE Commercial Real Estate, L.P. and
authorize the City Manager to sign. Councilmember Tunnell seconded the
Cm110910
Page 8 of 11
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.
17. Discuss and consider approving a Shared Parking Agreement
between the City of Coppell and CSE Commercial Real Estate,
L.P. and authorize the City Manager to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Action:
Councilmember Franklin moved to approve a Shared Parking Agreement
between the City of Coppell and CSE Commercial Real Estate, L.P. and
authorize the City Manager to sign. Councilmember Tunnell 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.
18. Consider approval of a Resolution approving a letter of support
for the creation of a Foreign Trade Zone to be located at 611 S.
Royal Lane in Coppell, Texas, and authorizing the Mayor Pro Tem
to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
Council.
Action:
Councilmember Faught moved to approve Resolution No. 2010-1109.2
approving a letter of support for the creation of a Foreign Trade Zone to be
located at 611 S. Royal Lane in Coppell, Texas, and authorizing the Mayor
Pro Tem to sign. Councilmember Brancheau 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.
Cm110910
Page 9 of 11
19. Consider appointments to the City's
Boards/Commissions/Committees.
Presentation:
Christel Pettinos, Deputy City Secretary, read the proposed slate of
appointees.
ANIMAL SERVICES
2 year Regular - Dr. Reid Garfield
BOARD OF ADJUSTMENT
2 year Regular - Mark LeGros, Douglas Robinson & Laura Ketchum
2 year Alternate - Mark Holmstrup & Melinda Gilliam
COPPELL ECONOMIC DEVELOPMENT
2 year Regular - Bill Rohloff, Gary Roden, Ken Luttmer, Adam Darowski &
Aaron Straach
KEEP COPPELL BEAUTIFUL
2 year Regular - Eric Dillie, Terra Taylor & Shannon Wentz
KEEP COPPELL YOUTH
1 year Student - Geetika Rao & Goutham Kandru
LIBRARY BOARD
2 year Regular - Thomas Dwyer, Karla Tabor, Wednesday Foster & David
Smith
2 year Alternate - Manibala Jonnalagadda
LIBRARY BOARD YOUTH
1 year Student - Sai Panguluri & Nadir Khan
PARK BOARD
2 year Regular - Greg Garcia, Jack Clark, Larry Jones, Brian Brandstetter,
Biju Mathews, William Whitehill & Neil Bales
2 year Alternate - Ed Guignon & Philip Houm
PARK BOARD YOUTH
1 year Student - Lauren Barbo & Nicholas Velez
PLANNING & ZONING
2 year Regular - Greg Frnka, Anna Kittrell & Justin Goodale
Cm110910
Page 10 of 11
Action:
Councilmember Tunnell moved to approve the slate as read.
Councilmember Brancheau 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.
20. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reported that all of the right-of-way on
Sandy Lake Road has been acquired. The last concrete pour on
Dobecka Drive has been completed and will be open for traffic in two
to three weeks. Hertz Road is still restricted to southbound traffic
only. The Sidewalk in-fill project commenced on November 9, as did
the Clear Creek Ln. project. Regarding future agendas, Mr. Phillips
reminded Council that there is only one meeting in December where
they will discuss the upcoming Legislative Session with Fred Hill and
Dan Shelley. Mr. Phillips announced that Vicki Chiavetta has been
named Library Director and that this was City Secretary Libby Ball’s
last Council meeting. Ms. Ball will remain on staff while Christel
Pettinos will transition in as City Secretary. A formal retirement send-
off for Ms. Ball will be scheduled in the spring.
21. Mayor Pro Tem and Council Reports.
A. Report by Mayor Pro Tem Mahalik regarding the Holiday
Parade and Celebration.
B. Report by Mayor Pro Tem Mahalik regarding the Metroplex
Mayors’ Meeting.
C. Report by Councilmember Franklin regarding the TML
Conference – Marketing for Retailers.
A. Mayor Pro Tem Mahalik announced the Holiday Parade and
Celebration will be on Saturday, December 4 beginning at 6:30 p.m.
The Celebration will follow the Holiday Parade in the Plaza at Town
Center with a tree lighting, live band and Santa’s Kitchen.
B. City Manager Clay Phillips attended the Metroplex Mayors’ Meeting
with Mayor-Elect Doug Stover. The guest speaker was David Dean
with Dean International, who talked about transportation initiatives.
Cm110910
Page 11 of 11
C. Councilmember Franklin attended the TML Conference – Marketing
for Retailers in Corpus Christi. The break-out session talked about
smaller communities having to work harder to attract and retain
retailers and gave tips on what they should be doing.
22. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Councilmember Brancheau thanked City Secretary Libby Ball for her
service to the city and thanked Mayor Pro Tem Mahalik for a job well done.
23. Necessary action resulting from Executive Session.
Nothing to report.
There being no further business, the meeting was adjourned.
____________________________________
Bob Mahalik, Mayor Pro Tem
ATTEST:
____________________________________
Christel Pettinos, City Secretary
MINUTES OF NOVEMBER 10, 2010
The City Council of the City of Coppell met in Special Called Session on November 10,
2010, at 5:00 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
Billy Faught, Councilmember
Karen Hunt, Councilmember
Councilmembers Tunnell and Franklin were absent from the meeting. Also present
were City Manager Clay Phillips and City Secretary Libby Ball.
1. Call to order.
Mayor Pro Tem Mahalik called the meeting to order, determined that a quorum
was present and convened into Special Session.
2. Swearing in of Douglas N. Stover to the Office of Mayor pursuant to
Resolution No. 2010-0914.1.
Judge Marian Moseley swore in Doug Stover as Mayor of Coppell.
At this time, the makeup of Council is as follows:
Doug Stover, Mayor
Bob Mahalik, Mayor Pro Tem/Place 2
Tim Brancheau, Councilmember/Place 1
Brianna Hinojosa-Flores, Councilmember/Place 3
Marsha Tunnell, Councilmember/Place 4
Billy Faught, Councilmember/Place 5
Marvin Franklin, Councilmember/Place 6
Karen Hunt, Councilmember/Place 7
There being no further business to come before the City Council, the meeting was
adjourned by Mayor Doug Stover.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Christel Pettinos, City Secretary
cm111010
Page 1 of 1
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
December 14, 2010
13/B
✔
CONTRACT/BID or PROPOSAL
Consider approval to utilize the City of Plano's contract with Nortex Concrete Lift and Stabilization, as authorized by
the Texas Local Government Code, Section 271.102, Subchapter F, to perform our yearly street repair/mud jacking
program, in an amount of $100,000 as provided for in the Infrastructure Maintenance Fund.
Approval of the contract with Nortex Concrete Lift and Stabilization will provide funding to continue with the list of
repairs from the Citizen‘s request list.
Staff recommends approval of the contract with Nortex Concrete Lift and Stabilization and will be available to answer
any questions at the Council meeting.
Funds have been budgeted in the Infrastructure Maintenance Fund for this contract.
Staff recommends approval of this contract.
Nortex contract award-1 AR
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Per Birdsall, Traffic/Streets Operations Manager
DATE: December 14, 2010
REF: Consider approval to utilize the City of Plano's contract with Nortex Concrete
Lift and Stabilization, as authorized by the Texas Local Government Code,
Section 271.102, Subchapter F, to perform our yearly street repair/mud
jacking program, in an amount of $100,000 as provided for in the
Infrastructure Maintenance Fund.
For several years the City has utilized Interlocal agreements to obtain services with firms to level
up streets and alleys that have settled and created areas of standing and/or ponded water. The
sole provider for this type of service had been a firm called Uretek USA, Inc. After some of
Uretek’s patented processes expired about four years ago, several vendors appeared in the
market. One of those vendors, Nortex Concrete Lift & Stabilization, has demonstrated the ability
to provide quality product and services at least equal to those previously provided by Uretek
USA, Inc. as indicated by their now numerous completed contracts and renewals by surrounding
municipalities. Nortex Concrete Lift & Stabilization has also performed their services for the city
to a lesser extent whereby directly exhibiting their capabilities.
The concrete slab raising services program is an attempt to repair settled areas of concrete in lieu
of removing and replacing them. Throughout the year the city receives numerous requests from
citizens to repair alleys and streets that have nuisance water ponding on them. The surface itself
is still in excellent shape and drivable, however, pockets of ponded water are created because of
settlement beneath the street. Raising these areas is less expensive and less inconvenient than
removal and replacement of sections of concrete streets and alleys.
Staff recommends the expenditure of these funds utilizing the services of Nortex Concrete Lift &
Stabilization in the amount of $100,000.00. Staff will be available to answer any questions at the
Council meeting.
Nortex 2010-11
Per Birdsall Office 972-462-5150 Mobile 469-576-5150
Frank Garza Mobile
Ms. Michael Corder Office 972-462-5150
If it looks like concrete work has already corrected the problem at that
address. It probably has. This is due to an intentional overlap of repair
programs. Call it in to be verified and move on to the next location after
verification.
The locations contained in this set of spreadsheets are in a specific
order. They are in order of priority and then by date. They MUST be
completed in that order. Unless you are willing to guarantee that you can
complete the list up to the address selected, do not skip addresses. It
doesn't matter to us that they may be in the same neighborhood. It will be
difficult to support payment for addresses beyond the last one that was
done in the proper order.
Locations for the
City of Coppell
12/8/2010CITY OF COPPELLURETEK STREET REPAIRSBY Priority PriorityDateAddressMisc.EST. ACTUALCOMPLETED SQUARE FEET1 1/22/2009 Kingston Cir 147ponding at gutter -listed under date 5-18 or 5-12-102001 3/11/2009 Simmons 193ponding6001 5/11/2009 Robin 732ponding3001 5/11/2009 Robin 733ponding2001 5/11/2009 Robin 736ponding4001 6/4/2009 Highland Meadow 104ponding7201 6/5/2009 Creekside 119ponding on west side of res.6001 8/25/2009 Newport 167ponding2501 8/25/2009 Newport 168ponding2001 8/27/2009 Bethel School W 823ponding alley12001 9/18/2009 Havencrest 544ponding2501 10/26/2009 Heatherglen 208-212ponding10001 12/12/2009 Prestwick Ct 623ponding at curb3601 12/17/2009 Deann 365ponding1101 1/29/2010 Hunters Ridge Cir 409ponding at drive entrance 1501 2/2/2010 Park Meadow Way 224ponding at curb3201 4/7/2010 Simmons 224ponding3001 4/12/2010 Pinyon 316ponding9801 4/12/2010 Pinyon 324ponding5601 4/15/2010 Crestview 849ponding alley4001 4/23/2010 Willingham 246ponding3001 5/12/2010 Kingston Cir 147ponding at gutter2001 5/24/2010 Carolina Ct 211ponding5001 6/16/2010 Long Meadow 128ponding at curb2001 7/1/2010 Elmhill Ct 901ponding at alley entrance (Springoak) 6001 7/3/2010 Clear Creek 479ponding501 7/3/2010 Clear Creek 482ponding1001 7/3/2010 Clear Creek 483ponding2401 7/23/2010 Blue Jay 840ponding601 7/30/2010 Phillips 600ponding3001 8/2/2010 Whispering Hills 248ponding8001 8/16/2010 Highland Meadow Cir 208 ponding751 8/26/2010 Beltline S. 1500ponding northbound left to middle lane 2001 8/26/2010 Beltline S. 1500ponding NB from Dividend to Lakeshore10001 9/9/2010 Phillips 629-633 ponding at curb 6001 9/29/2010 Delta Ct 231 ponding 3501 10/4/2010 Stratford 718 ponding at curb 100 ACTUAL POUNDS
P2PriorityDateAddressMisc.EST. ACTUAL EST. ACTUALDATE COMPLETED 2 4/16/2004 Armstrong 770 ponding 1002 7/20/2005 Carriage Ct. 200ponding482 12/29/2005 Carrington 122ponding on right side of alley1562 12/29/2005 Carrington 122ponding on left side of alley722 1/6/2005 Dakota 474ponding5002 10/21/2005 Deforest Rd 945ponding2162 2/9/2006 Glen Lakes 630 ponding 2202 9/10/2010 Havencrest 603 ponding 4802 5/30/2002Kaye Street 336ponding-this is an asphalt street112 8/7/2006Lodge Rd 260ponding 1502 3/4/2009Meadowood/Parkview Plponding 4802 6/5/2006 Parkmeadow 240-244 ponding 2802 5/30/2007 Phillips 629 ponding 3002 4/14/2006 Sparrow 713 ponding 1002 10/21/2005 St. James Pl 629 ponding 1802 11/2/2006 Swallow 718 ponding 9602 10/5/2007 Swallow 719 ponding 3002 10/6/2006 Trinity Ct 119 ponding 400Page 3
SQUARE FEET POUNDSPriorityDateAddressMisc.EST. ACTUAL EST. ACTUALDATE COMPLETED3 5/21/1998 Cheshire 80220503 10/6/1998 Glenwood 1565010003 10/29/2003 Willow Springs 445ponding45503 3/14/2006 Lodge Rd 272minor ponding203Royal and Freeportunderseal only
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
December 14, 2010
13/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid/Contract #Q-1110-01 Water Meters for the purchase of water meters in the
following manner: Series #100 to Hersey Meters Company, Series #300 and #400 to Ferguson Meter and Automation
Group, and Series #500 to Metron-Farnier for an amount not to exceed $206,000.00 as budgeted; and authorizing the
City Manager to sign and execute any necessary documents.
November 9, 2010, bids were submitted for our annual water meters contract. We have disqualified portions of
various bidders in which their meters or registers did not meet specifications. We are recommending that the award
of the contract be split between three bidders. Approval will allow the City to continue our yearly meter change out
program.
Funds have been budgeted in Utility Operations (02-03-17-5230) Water Meters for this contract.
Staff recommends approval of this contract.
Water Meters contract award- 1AR
MEMORANDUM
TO: Mayor and City Council
VIA: Ken Griffin, P.E., Director of Public Works
FROM: Glenn D. Hollowell, P.E., Assistant Director of Public Works
DATE: December 14, 2010
RE: Consider approval of awarding Bid/Contract #Q-1110-01 Water Meters for
the purchase of water meters in the following manner: Series #100 to Hersey
Meters Company, Series #300 and #400 to Ferguson Meter and Automation
Group, and Series #500 to Metron-Farnier for an amount not to exceed
$206,000.00 as budgeted; and authorizing the City Manager to sign and
execute any necessary documents.
On November 9, 2010, we opened bids for our annual water meter contract. We had five bidders
who submitted quotes for various items in the bid. I have reviewed the bids and consulted with
Jerod Anderson and Chad Beach on the award of the bid. We have disqualified portions of
various bidders in which their meters or registers did not meet specifications.
I recommend that all of the #0100 series meters be awarded to Hersey Meters Company of
Cleveland, NC for the estimated amount of $45,235.00. The apparent low bidder of these
meters, Aqua Metric, did not meet specifications. They were required to bid an “absolute
encoded register” on this series of meters. They bid the #100 series meters with a “non-encoded”
register. This type of register is not compatible with our AMR (automated meter reading) system.
I recommend that the #0300 series meters and #0400 series meters be awarded to Ferguson
Meter and Automation Group of Euless for the estimated amount of $61,082.28. The apparent
low bidder of these series of meters, Hersey Meters, did not meet specifications and also “No
Bid” one of the meters. The #300 series meter specification asked for a compound meter which
met the latest revision of AWWA specification C702. Hersey bid an alternate meter which does
not meet this specification. The meter Hersey bid is a vertical turbine meter which is covered
under AWWA Specification C701. Specifications required that the #400 series meters be
supplied with a gate valve on each end of the assembly. Hersey did not bid their #400 series
meters with the gate valves. Had they included the gate valves, they probably would not have
been the low bidder.
I recommend that the #0500 series meters be awarded to Metron Farnier of Boulder Colorado for
the estimated amount of $163,980.00. Metron Farnier was the only bidder to meet the
specifications for the #0500 series meters. The apparent low bidder, Aqua Metrics, did not meet
the required specifications. They bid a meter which is not compatible with the City’s AMR
system and is made of plastic. The specifications require that the meters be made of a copper
alloy or cast iron, and that they have a T2 AMR system radio already installed.
The individual bid awards exceed the budgeted amount based upon the estimated quantities used
in the bid. Meters purchased during the terms of these contracts will not exceed budgeted funds.
A bid tabulation is attached. If you have any questions or concerns regarding this matter, do not
hesitate to contact me.
THE·CITY·OF
MEMORANDUM
TO: Ken Griffin, P .E., Director of Engineering
FROM: Jerod Anderson, Purchasing Manager
DATE: November 30,2010
REF: Water Meter Bid Disqualifications
On November 9, 2010 the City of Coppell accepted bids for Q-I110-01 Water
Meters. Five bids were received. After reviewing all of the bids, I agree with Glenn
Hollowell's decision of disqualifying Aqua Metrics and Hersey Meters for not
meeting specifications. Additionally, I agree with the proposed award schedule.
If you have any questions or concerns please feel free to contact me.
Aqua MetricHersey MetersFerguson WaterworksHD Supply WaterworksSpec. No.Meter SizeEstimated AmountPrice (EA)Price (EA)Price (EA)Price (EA)Price (EA)Price (EA)1005/8" x 3/4"500$39.25$62.00$95.43$99.45No bidNo bid1001"20$84.50$99.00$130.62$190.00No bidNo bid1001 1/2"20$175.50$214.00$254.16$320.55No bidNo bid1002"25$271.75$319.00$346.46$452.25No bidNo bid3003"1$1,451.25$699.05$1,702.67$2,088.90No bidNo bid3004"1$2,519.75$1,025.20$2,302.44$2,790.00No bidNo bid3006"1$4,337.75$1,931.05$3,702.29$4,850.00No bidNo bid3008"1$12,519.00No bid$9,254.46$5,970.00No bidNo bid4004"1$6,199.00$3,789.40$5,871.82No bidNo bidNo bid4006"2$8,238.00$5,578.80$8,022.85No bidNo bidNo bid4008"2$13,415.00$7,789.40$11,101.45No bidNo bidNo bid5005/8" x 3/4"500$125.00No bidNo BidNo bidS-22 Encoder$118.00ALTS-22-M2R$170.005001"20$165.00No bidNo BidNo bidS-50 Encoder$245.00ALTS-50-M2R$285.005001 1/2"20$988.25No bidNo BidNo bidS-88 Encoder$598.00ALTS-88-M2R$640.005002"25$1,139.75No bidNo BidNo bidS-130 Encoder$798.00ALTS-130-M2R$840.005003"1$1,451.25No bidNo BidNo bidS-175 Encoder$1,585.00ALTS-175-M2R$1,650.005004"1$2,519.75No bidNo BidNo bidS-260-Encoder$2,688.00ALTS-260-M2R$2,765.005006"1$4,337.75No bidNo BidNo bidS-440-Encoder$3,250.00ALTS-440-M2R$3,365.005006"2$8,238.00No bidNo BidNo bidE-2000-Encoder$7,265.00ALTE-2000-M2R$7,335.005008"2No BidNo bidNo BidNo bidE-2800-Encoder$8,450.00ALTE-2800-M2R$8,515.00Metron-FarinerQ-1110-01 Water Meters
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
December 14, 2010
13/D
✔
RESOLUTION
Consider approval of a Resolution denying the request by Texas New Mexico Power Company to increase electric
transmission and distribution rates and charges, providing for notice hereof to said company and authorizing the
Mayor to sign.
On September 14, 2010 the City of Coppell suspended Texas New Mexico Power Company's request to increase
electric rates. The request would increase revenues to Texas New Mexico Power by $20.1 million which would have
raised the average residential customer's bill by $10.94 per month. Based on the cities electric rate consultant's
analysis, the requested rate increase by Texas New Mexico Power Company is excessive and recommends each City
should adopt a resolution denying the rate increase. On December 3, 2010, we were notified of a possible settlement
to this case, however, it is still recommended to approve the denial of the rate request at this time.
***Proposed Tentative Settlement*** The proposed settlement would reduce their rate increase request by
49%, and reduce the residential increase to a $3 to $4 monthly increase rather than the $10.94 monthly increase.
Staff recommends approval of this Resolution.
$TNMP-1AR Consent.pdf
8 | 6 Congress Avenue, Suite | 900
Austin, Texas 78701
Telephone: (5 l2) 322-5800
Facsimile: (5 l2) 472-0532
www.lglawfirm.com
Mr. Brewster's Direct Line: (512) 322-5831
Email : cbreu'sterf4_) I gl awfi mr. com
TO:
FROM:
DATE:
RE:
MEMORANDUM
Cities Served by TNMP
Christopher L. Brewst I ^*rnmas Brocato
November 10,2010
Denial Resolution for Texas-New Mexico Power Company's Pending Rate Case;
Update on Status of Case
As you are aware, on or about August 26, 2010, Texas-New Mexico Power Company
("TNMP" or "Company") filed a Statement of Intent to increase rates with all cities in its service
areathat retain original jurisdiction. The Company is seeking a $20.1 million rate increase. If
approved, the $20.1 million increase would raise rates for the average residential customer by $10.94
per month. The Company's rate case is simultaneously proceeding at the Public Utility Commission
("PUC") in Docket No. 38480.
On September 1, 2010, Cities Served by TNMP ("Cities") intervened in the PUC matter and
supplemented its intervention in the subsequent weeks as additional cities joined the coalition. The
group consists of the Cities of Alvin, Barstow, Blue Ridge, Blum, Coppell, Dickinson, Emory,
Farmersville, Fort Stockton, Friendswood, Glen Rose, La Marque, Lewisville, Rio Vista, and Texas
City.
In September and October, each city in the Coalition with original jurisdiction over electric
utility rates adopted a resolution suspending the effective date of TNMP's requested rate change at
the cities level. That suspension permits cities until December 30,2010 to take final action on the
Company's request. We have attached a recommended resolution that denies the Company's request
for the reasons detailed below, as well as a Model Staff Report addressing the resolution. The citv
Cities' Recommendation on Requested Rate Increase
Cities, along with other Intervenors, filed their direct testimony at the PUC on Monday,
November 8. In order to avoid duplication of effort and minimize rute case expenses, we have
coordinated our approach to the case with the other city group that has intervened, the Alliance of
Texas-New Mexico Power Municipalities ("ATM"). Cities' witness Connie Cannady has provided a
complete computation of the effect of both groups' proposed adjustments on the Company's
proposed rates. Cities' combined recommendation would result in a $29 million decrease to the
Company's request, a request which seeks a $20 million increase. Thus, our position in this case is
that TNMP's rates should be decreased by approximately $9 million in total. We propose that this
November 10,2010
Page2
rate decrease, which equates to approximately 3.5Yo, be applied evenly to all customer classes.
Cities' recommended adjustments include significant disallowances related to depreciation, taxes,
and correction of the Company's proposed excessive rate of return of l0.6lYo.
Notably, this proposal is consistent with what Cities recommended in TNMP's last rate case,
Docket No. 36025, which settled last year. In that proceeding, the parties ultimately agreed to a
settlement that permitted the Company a base-rate increase of $6.8 million, plus $20 million in
recovery for costs associated with Hurricane Ike restoration. However, Cities' initial
recommendation in that proceeding was similarly for a rate reduction. Therefore, Cities' position
remains essentially the same - that TNMP's ratepayers are entitled to a rate decrease.
Additionally, Cities' testimony recofirmends against adoption of a special storm hardening
rider that would permit TNMP to recover prospective storm hardening costs on a piecemeal basis,
and with little oversight by the Commission. In our view, such costs are more properly addressed
through normal ratemaking mechanisms. Finally, Cities recommend that municipal franchise fees
on discretionary services charges should be collected through base rates, rather than a special rider,
as TNMP has proposed.
For your reference, the direct testimony of Connie Cannady, Karl Nalepa, and Steve Hill can
be found at these links, respectively.
htto://interchange.puc.state.tx.usAMebApp/Interchange/application/dbapos/filings/pgSearch-Results.asp?T
XT CNTR NO:38480&TXT ITEM NO:259
http://interchange.puc.state.tx.us/WebApo/Interchange/application/dbapps/filings/ogSearch-Results.asp?T
XT_CNTR_NO:3 84 80&TXLITEM_NO:2 60
htto://interchange.puc.state.tx.us/WebApp/Interchange/aoplication/dbapps/filings/pgSearch-Results.asp?T
XT-CNTR_NO:38480&TXT ITEM_NO:261
For these reasons, we advise that Cities adopt a resolution denying the Company's rate increase
request.
Next Steps in Case
The Hearing on the Merits in this matter is scheduled to begin on December 2 and last for
one week. On a date to be determined, TNMP, PUC Staff and Intervenors will engage in
settlement discussions to gauge whether settlement is a possibility in this case. We will update
you if any such potential emerges and will continue to keep you updated as to the status of this
case. Please feel free to call or email Chris Brewster (512-322-5831, cbrewster@lglawfirm.com)
if you have any questions or concems about the case in the meantime.
1670v4\r223996
STAFF REPORT
***Action must be taken on or before December 30, 2010***
The City, along with thirteen other cities served by Texas-New Mexico Power Company
(“TNMP or “Company”) is a member of the Cities Served by TNMP. This coalition is
participating in the Company’s pending rate increase application simultaneously filed on or
about August 26, 2010 at both the Public Utility Commission of Texas (“PUC”) and all cities
that retain original jurisdiction over utility rates within their city limits.
In its August 26, 2010 filing, the Company seeks an increase to its total annual revenues
of approximately $20.1 million, resulting in a total annual revenue requirement of $196 million.
The Company’s proposal would result in a 29% increase to residential consumer rates, resulting
in an annual bill impact for a typical residential consumer of $10.94 per month. TNMP sought
an effective date for this change of October 2, 2010.
Prior to October 2, 2010, the City timely adopted a resolution suspending the effective
date of the increase to the fullest extent permitted by law, or 90 additional days. Added to the 35
days automatically granted to each city with original jurisdiction to permit the review of the
Company’s application, this action suspended the effective date of TNMP’s requested rates 125
days in total, a period ending on December 30, 2010. To prevent those rates from going into
effect on this date, the City must take final action on TNMP’s rate application by December 30,
2010.
On November 8, 2010, three expert witnesses engaged by Cities Served by TNMP
submitted pre-filed direct testimony in PUC Docket No. 38480, the TNMP rate proceeding
running at the PUC in parallel to the City proceeding. In that filing, Cities’ witnesses
recommended that the Company’s request be reduced by approximately $29 million, resulting in
a decrease compared to current rates of 3.51%. Cities recommended that this rate decrease be
applied uniformly across all customer classes.
Accordingly, because Cities’ analysis indicates that the Company’s rate increase request
is excessive, counsel for the group recommends that each member city adopt a resolution
denying the rate increase by December 30. Once TNMP appeals this action to the PUC and the
PUC consolidates the appeal into its pending rate case, Cities Served by TNMP will continue to
litigate the position outlined above and will continue to advocate for its recommended rate
decrease in the PUC proceeding.
Purpose of the Resolution:
The purpose of the Resolution is to deny the rate increase proposed by TNMP.
Explanation of the “Be it Resolved” Paragraphs:
1. This paragraph finds that TNMP’s application for a rate increase is unreasonable and
should be denied.
2. This paragraph states that the Company’s rates shall not be changed.
1670\24\1224082 1
3. This paragraph requires the Company to reimburse the cities for their reasonable rate case
expenses on a monthly basis and within 14 days of receipt of an invoice for those
expenses. No individual city incurs liability for payment of rate case expenses as a result
of its intervention in this case.
4. This paragraph simply recites that the resolution was passed at a meeting that was open to
the public and that the consideration of the resolution was properly noticed.
5. This section states that TNMP and counsel for the cities will be notified of the City’s
action by the city sending a copy of the approved and signed resolution to each.
1670\24\1224082 2
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
FINDING THAT TEXAS-NEW MEXICO POWER
COMPANY’S REQUESTED INCREASES TO ITS
ELECTRIC TRANSMISSION AND DISTRIBUTION RATES
AND CHARGES WITHIN THE CITY SHOULD BE
DENIED; FINDING THAT THE CITY’S REASONABLE
RATE CASE EXPENSES SHALL BE REIMBURSED BY
THE COMPANY; FINDING THAT THE MEETING AT
WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE
OF THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL.
WHEREAS, pursuant to § 33.001 of the Public Utility Regulatory Act (“PURA”), the
City has exclusive original jurisdiction over the electric rates, operations, and services provided
within its city limits;
WHEREAS, on or about August 26, 2010, Texas-New Mexico Power Company
(“TNMP” or “Company”), pursuant to PURA §§ 33.001 and 36.001 filed with the City of
Coppell (“City”) a Statement of Intent to increase electric transmission and delivery rates by
$20.1 million on a system-wide basis within its service area effective October 2, 2010; and
WHEREAS, pursuant to PURA § 36.108, the City lawfully suspended the October 2,
2010, effective date by resolution to provide time to study the reasonableness of the Company’s
application to increase rates; and
WHEREAS, the City is a member of the coalition of Cities Served by TNMP and has
cooperated with its similarly situated city members to conduct a review of the Company’s
application, to hire and direct legal counsel and consultants, to prepare a common response to the
filing, to negotiate with the Company and to direct any necessary litigation appealing final city
action; and
WHEREAS, the City, in a reasonably noticed meeting that was open to the public,
considered the Company’s application; and
WHEREAS, the consultants who were retained by Cities Served by TNMP to evaluate
the merits of the Company’s application have determined that the Company’s requested $20.1
million increase in revenues for its transmission and distribution system is not supported by
evidence; and
WHEREAS, PURA § 33.023 provides that reasonable costs incurred by cities in
ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
1223967 1
1. That the rates proposed by Texas-New Mexico Power Company, to be recovered
through its electric transmission and distribution rates charged to customers located within the
City limits, are hereby found to be unreasonable and shall be denied.
2. That the Company shall continue to charge its existing rates for transmission and
distribution services to customers within the City.
3. That the City’s reasonable rate case expenses shall be reimbursed by TNMP.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to TNMP, care of Scott Seamster,
Corporate Counsel, 225 E. John Carpenter Freeway, Suite 1500, Irving, Texas 75062-2282 and
to Chris Brewster, Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas
78767-1725.
PASSED AND APPROVED, this the ______ day of ____________________, 2010.
APPROVED:
_____________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________________
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
________________________
City Attorney
1223967 2
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Human Resources
December 14, 2010
13/E
✔
CONTRACT/BID or PROPOSAL
Consider approval to purchase from Caldwell County Chevrolet one (1) 2011 Chevrolet 2500HD Silverado Ext Cab
CC20953 Pick-up Truck in the amount of $29,615.00 for Facilities and one (1) 2011 Chevrolet 2500HD Silverado Ext Cab
CC20953 Pick-up Truck in the amount of $24,781.00 for Parks through an Inter-local agreement with Buyboard as
budgeted and authorizing the City Manager to sign all related documentation.
Funds have been budgeted in Facilities (01-03-13-5010) and Parks (01-12-15-5010) for this purchase.
Calwell Pick-up Trucks (2)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Human Resources
December 14, 2010
13/F
✔
CONTRACT/BID or PROPOSAL
Consider approval to purchase from Philpott Motors one (1) 2011 Toyota Tacoma Pick-up Truck in the amount of
$22,914.00 for Building Inspections, one (1) Ford F250 Pick-up in the amount of $31,987.00 for Parks, one (1) Ford F250
Pick-up in the amount of $32,087.00 for Parks, one (1) Ford F450 Cab/Chassis Pick-up in the amount of $44,498.00 for
Utilities, and one (1) 2011 Ford F350 Cab/Chassis Pick-up Truck in the amount of $36,449.00 for Streets through an
Inter-local agreement with Buyboard as budgeted and authorizing the City Manager to sign all related
documentation.
Funds have been budgeted in Building Inspections (01-04-11-5010), Parks (01-12-15-5010), Utilities (02-03-17-5010), and
Streets (01-03-04-5010) for this purchase.
Philpott Pick-up Trucks (5)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 14, 2010
14
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Global
Leading Foods HPP, LLC, and authorizing the Mayor to sign.
The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement
at their October 2010 meeting.
Staff recommends approval.
!GL Foods Abatement - 1 AR
MEMO
Date: December 14, 2010
From: Mindi Hurley, Economic Development Coordinator
RE: Global Leading Foods GPP, LLC
Global Leading Foods (GL Foods) has signed a lease to occupy 23,000 sq. ft. of space
at 777 Freeport Parkway. GL Foods is a company that uses high pressure processing
to process foods. High Pressure Processing is a proven technology that uses high
hydrostatic pressure to eradicate food-borne pathogens without heat or thermal
dynamics. The result is a safe product with a dramatically extended shelf life that
does not compromise the nutritional value of the food products.
GL Foods will employ 35 people and have a capital investment of $3,000,000 in
business personal property. The Economic Development Committee unanimously
recommended a 50% business personal property abatement for a period of 5 years.
Since GL Foods is occupying an existing building with an existing reinvestment zone,
a resolution is the only thing needed to approve this abatement.
Page 1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND GLOBAL LEADING FOODS HPP,
LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement
(“Agreement”) by and between the City of Coppell, Texas and Global Leading Foods HPP, LLC, a
Texas limited liability company, a copy of which is attached hereto and incorporated herein by
reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. This Resolution shall become effective immediately from and after its
passage.
Page 2
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this
the ______ day of ________________, 2010.
CITY OF COPPELL, TEXAS
___________________________________________
DOUG STOVER, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS:tlo:12-06-10:46814)
Page 3
Exhibit “A”
Tax Abatement Agreement
(to be attached)
Page 1 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
STATE OF TEXAS §
§ Tax Abatement Agreement
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), and Global Leading Foods HPP, LLC, a Texas limited liability
company (the “Lessee”), acting by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 59 (the “Zone”)
for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax
abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of
the Texas Tax Code, as amended (the “Tax Code”); and
WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement
Guidelines”); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the corporate commercial and industrial
economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the
City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines
and the Tax Code; and
WHEREAS, Lessee has or intends to lease approximately 23,000 square feet of office and
light manufacturing space in the existing building located at 777 Freeport Parkway, Suite 130,
Coppell, Texas 75019 (hereinafter defined as the “Leased Premises”), to serve as a food processing
facility for a period of at least three (3) years, with an option to extend the lease term for a period of
an additional five (5) years (hereinafter defined as the “Lease”), and intends to locate and maintain
Tangible Personal Property (hereinafter defined) at the Leased Premises; and
WHEREAS, the development efforts of the Lessee described herein will create permanent
new jobs in the City; and
WHEREAS, the City Council finds that the contemplated use of the Improvements, and the
other terms hereof are consistent with encouraging development of the Zone in accordance with the
purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance
adopted by the City, the Tax Code and all other applicable laws; and
Page 2 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
WHEREAS, the City Council finds that the Improvements (hereinafter defined) sought are
feasible and practicable and would be of benefit to the Land to be included in the Zone and to the
City after expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Property is located; and
WHEREAS, the City desires to enter into an agreement with the Lessee for the abatement
of taxes pursuant to Chapter 312 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of the City and the enhancement of the
tax base in the City, the parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
“Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s
existence as a going business, insolvency, appointment of receiver for any part of a party’s
property and such appointment is not terminated within ninety (90) days after such appointment
is initially made, any general assignment for the benefit of creditors, or the commencement of
any proceeding under any bankruptcy or insolvency laws by or against such party, and such
proceeding is not dismissed within ninety (90) days after the filing thereof.
“City” shall mean the City of Coppell, Texas.
“Effective Date” shall mean the last date of execution of this Agreement.
“First Year of Abatement” shall mean January 1 of the calendar year following the date
of issuance of a certificate of occupancy by the City for the Lessee’s occupancy of the Leased
Premises.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by
acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
Page 3 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
“Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax
Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport
Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253.
“Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253.
“Improvements” shall mean the existing building on the Land located at 777 Freeport
Parkway, Coppell, Texas 75019.
“Land” means the real property described in Exhibit “A”.
“Lease” shall mean the lease of the Leased Premises by Lessee for a period of not less
than three (3) years, with an option to extend the term of the Lease for an additional period of five
(5) years, commencing on the Lease Inception Date.
“Lease Inception Date” shall mean the date the term of the Lease commences but not later
than December 31, 2010.
“Leased Premises” shall mean approximately 23,000 square feet of office and light
manufacturing space in Suite 130 in the Improvements.
“Lessee” shall mean Global Leading Foods HPP, LLC, a Texas limited liability company.
“Premises” shall mean collectively, the Land and Improvements, but excluding the Tangible
Personal Property.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or
leased by Lessee that is added to the Leased Premises subsequent to the execution of this
Agreement.
“Taxable Value” means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article II
General Provisions
2.1 The Lessee has or intends to enter into the Lease. The Lessee intends to locate and
maintain Tangible Personal Property at the Leased Premises.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
Page 4 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
2.4 The Premises and Tangible Personal Property are not owned or leased by any
member of the Coppell City Council or any member of the Coppell Planning and Zoning
Commission, or any member of the governing body of any taxing units joining in or adopting this
Agreement.
2.5 Lessee shall before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that it is in compliance with each term of this Agreement.
2.6 The Land and the Improvements constructed thereon at all times shall be used in the
manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and
(ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
3.2 Subject to the terms and conditions of this Agreement, the City hereby grants Lessee
an abatement of fifty percent (50%) of the Taxable Value of the Tangible Personal Property for a
period of five (5) consecutive years beginning with the First Year of Tax Abatement. The actual
percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year
this Agreement is in effect will apply only to the Tangible Personal Property that is added to the
Improvements subsequent to the execution of this Agreement.
3.3 The period of tax abatement herein authorized shall be for a period of five (5)
consecutive years beginning with the First Year of Tax Abatement.
3.4 During the period of tax abatement herein authorized, Lessee shall be subject to
all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
3.5 The Lessee agrees to locate and maintain Tangible Personal Property at the
Leased Premises with a Taxable Value of at least Five Hundred Thousand Dollars ($500,000.00) as
of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term
of this Agreement.
3.6 The term of this Agreement shall begin on the Effective Date and continue until
January 1 of the calendar year following the sixth (6th) anniversary date of the First Year of
Abatement, unless sooner terminated as provided herein.
Page 5 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
Article IV
Improvements
4.1 Nothing in this Agreement obligates the Lessee to enter into the Lease and/or
occupy the Leased Premises, but said action is a condition precedent to tax abatement pursuant to
this Agreement.
4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to
this Agreement, Lessee agrees to enter into the Lease on or before December 31, 2010. Lessee
agrees and covenants to continuously lease and occupy the Leased Premises for a period of at least
three (3) years commencing on the Lease Inception Date.
4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations.
4.4 The City, its agents and employees shall have the right of access to the Leased
Premises during Lessee’s occupancy of the Leased Premises to inspect the Leased Premises at
reasonable times and with reasonable notice to Lessee, and in accordance with Lessee’s visitor
access and security policies, in order to insure that the use of the Leased Premises are in accordance
with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this
Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has
delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely
and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or
Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not
otherwise cured within the applicable cure period, then Lessee after the expiration of the notice and
cure periods described below, shall be in default of this Agreement. As liquidated damages in the
event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all
taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax
abatement for the Tangible Personal Property, with interest at the statutory rate for delinquent taxes
as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The parties further agree that any abated tax, including interest as a result of
this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall
constitute a tax lien against the Tangible Personal Property, and shall become due, owing and shall
be paid to the City within thirty (30) days after termination.
5.2 Upon breach by Lessee of any obligations under this Agreement, the City shall
notify the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
Page 6 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the default must be cured.
5.3 If the Lessee fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement, by written notice to the Lessee.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, as set forth in Section 5.1 above,
and shall become due and payable not later than thirty (30) days after a notice of termination is
provided. The City shall have all remedies for the collection of the abated tax provided generally in
the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the
option to provide a repayment schedule. The computation of the abated tax for the purposes of the
Agreement shall be based upon the full Taxable Value of the Tangible Personal Property, without
tax abatement for the years in which tax abatement hereunder was received by the Lessee, as
determined by the Appraisal District, multiplied by the tax rate of the years in question, as
calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as
provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day
payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of the Lessee pursuant to the Tax Code, to file an annual
exemption application form with the Chief Appraiser of the Appraisal District in which the eligible
taxable property has situs. A copy of the exemption application shall be submitted to the City upon
request.
Article VII
Annual Rendition
The Lessee shall annually render the value of the Tangible Personal Property to the
Appraisal District and provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below or on the day
actually received as sent by courier or otherwise hand delivered.:
Page 7 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
If intended for Lessee, to:
Attn: Rick DeHerder
Global Leading Foods HPP, LLC
1245 Hillside Road
Pasadena, California 91105
Telephone: 626.831.4347
Facsimile: 1.800.787.3630
Email: rdeherder@glfoodsusa.com
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
Telephone: 972.304.3677
Facsimile: 972.304.3673
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Telephone: 214.965.9900
Facsimile: 214.965.0010
Email: psmith@njdhs.com
8.2 Authorization. This Agreement was authorized by resolution of the City Council
approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the
City.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,
shall be enforceable and shall be read as if the parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas
without regard to any conflict of law rules. Exclusive venue for any action under this Agreement
shall be the State District Court of Dallas County, Texas. The parties agree to submit to the
personal and subject matter jurisdiction of said court.
Page 8 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
8.6 Entire Agreement. This Agreement embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements between the parties
and relating to the matters in this Agreement, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned without the prior written consent of
the City Manager.
8.10 Conditions Precedent. This Agreement is conditioned on and subject to the
following: (i) the Lessee entering into the Lease on or before December 31, 2010; (ii) Lessee
providing a fully executed copy of the Lease to the City.
8.11 Employment of Undocumented Workers. During the term of this Agreement, the
Lessee agrees not to knowingly employ any undocumented workers and if convicted, by a final
non-appealable conviction, of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall
repay the taxes abated herein as of the date of such final non-appealable conviction within 120
business days after the date the Lessee is notified by the City of such final non-appealable
conviction, plus interest at the rate of 6% compounded annually from the date of such final non-
appealable conviction until paid.
8.12 Right of Offset. The City may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the
Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or
otherwise and regardless of whether or not the debt due the City has been reduced to judgment
by a court.
(Signature Page to Follow)
Page 9 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
EXECUTED in duplicate originals the ____ day of _______________, 2010.
CITY OF COPPELL, TEXAS
By: ______________________________________
Doug Stover, Mayor
Attest:
By: _______________________________________
Christel Pettinos, City Secretary
Agreed as to Form:
By:_______________________________
City Attorney
EXECUTED in duplicate originals the ____ day of _______________, 2010.
GLOBAL LEADING FOODS HPP, LLC,
a Texas limited liability company
By:_______________________________________
Name: ____________________________________
Title: ____________________________________
Page 10 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
City Acknowledgment
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on _____day of _______________, 2010, by
Doug Stover, as Mayor of the City of Coppell, Texas, on behalf of said municipality.
Notary Public, State of Texas
My Commission Expires:
Company Acknowledgment
STATE OF __________ §
§
COUNTY OF ________ §
This instrument was acknowledged before me on the _____ day of ______________,
2010, by _____________________, as _____________________ of Global Leading Foods HPP,
LLC, a Texas limited liability company, on behalf of said company.
Notary Public, State of __________
My Commission Expires:
Page 11 Tax Abatement Agreement
City of Coppell and Global Leading Foods HPP, LLC (45781)
EXHIBIT “A”
Legal Description of the Land
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 14, 2010
15
✔
PUBLIC HEARING
Consider approval of the designation of a reinvestment zone for STMicroelectronics, Inc. pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone
designation is the property described as Lot 1R2, Block 1 of GTE Shared Services Center Addition (13.699 acres),
located at the northeast corner of State Highway 121 and Canyon Drive, Coppell, Texas.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 14, 2010. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement on January 6, 2010.
Staff recommends approval.
!STMicroelectronics Public Hearing
MEMO
Date: December 14, 2010
From: Mindi Hurley, Economic Development Coordinator
RE: STMicroelectronics Public Hearing
STMicroelectronics is occupying 100,000 sq. ft. of space at 750 Canyon Drive.
STMicroelectronics is one of the largest semiconductor companies in the world. The
Coppell location is their Americas headquarters. With over 250 employees at this
location, ST Microelectronics has a business personal property value of $7 million.
STMicroelectronics has signed a 10 year lease at 750 Canyon Drive with two, 5 year
renewal options. At their January 2010 meeting, the Economic Development Committee
unanimously recommended a 10 year business personal property tax abatement for
STMicroelectronics. The terms of the abatement are as follows:
85% Years 1 – 5
50% Years 6 - 10
A public hearing must be held to create a Reinvestment Zone for a tax abatement.
Reinvestment Zone No. 62 will be created for STMicroelectronics. 750 Canyon Drive is
located on Block 1, Lot 1R2 of the GTE Shared Services Center Addition, which is
owned by I & G 750 Canyon LLC. The public hearing notice was published in the
Citizens’ Advocate on Friday, December 3, 2010, as required by Chapter 312 of the
Texas Property Code. The public hearing will be held on December 14, 2010 to
determine if the improvements in the zone are feasible, practical and of benefit to the
land.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 14th day of December,
2010, at 7:30 P.M., to consider designation of the property
described as Lot 1R2, Block 1 of GTE Shared Services Center
Addition (13.699 acres), located at the northeast corner of State
Highway 121 and Canyon Drive, Coppell, Texas, I&G 750 Canyon LLC,
as a Reinvestment Zone under Chapter 312 of the Texas Property Tax
Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 3, 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).
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 Dept.
December 14, 2010
16
✔
ORDINANCE
Consider approval of an Ordinance designating STMicroelectronics, Inc., Reinvestment Zone No. 62, and authorizing
the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on December
14, 2010.
Staff recommends approval.
!STMicroelectronics Ordinance - 1 AR
MEMO
Date: December 14, 2010
From: Mindi Hurley, Economic Development Coordinator
RE: STMicroelectronics Ordinance
The boundaries for Reinvestment Zone No. 62 are designated by this ordinance. The
13.699 acre tract included in this zone is located at the northeast corner of State Highway
121 and Canyon Drive and includes the building located at 750 Canyon Drive. The legal
description for the property is Lot 1R2, Block 1 of the GTE Shared Services Center
Addition. The real property is owned by I&G 750 Canyon LLC, but the zone is being
created for the business personal property abatement proposed for STMicroelectronics.
STMicroelectronics is occupying 100,000 sq. ft. of space at 750 Canyon Drive.
STMicroelectronics is one of the largest semiconductor companies in the world. The
Coppell location is their Americas headquarters. With over 250 employees at this
location, ST Microelectronics has a business personal property value of $7 million.
STMicroelectronics has signed a 10 year lease at 750 Canyon Drive with two, 5 year
renewal options. At their January 2010 meeting, the Economic Development Committee
unanimously recommended a 10 year business personal property tax abatement for
STMicroelectronics. The terms of the abatement are as follows:
85% Years 1 – 5
50% Years 6 – 10.
1 42700
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 62 (STMICROELECTRONICS, INC.);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1: That the City Council of the City of Coppell, Texas, finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements sought are feasible and practicable and would be of
benefit to the land to be included in the zone and to the City after the expiration of a tax abatement
agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 62 STMicroelectronics, Inc.”
2 42700
SECTION 3. That the property within Reinvestment Zone No. 62 is eligible for
commercial-industrial tax abatement effective on January 1, 2011.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5. That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2010.
APPROVED:
DOUG STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS:tlo:3-23-10:42700)
42700
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 14, 2010
17
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and
STMicroelectronics, Inc., and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 14, 2010. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement on January 6, 2010.
Staff recommends approval.
!STMicroelectronics Resolution - 1AR
MEMO
Date: December 14, 2010
From: Mindi Hurley, Economic Development Coordinator
RE: STMicroelectronics Resolution
The resolution and abatement that coincide with Reinvestment Zone Number 62 grant
STMicroelectronics a 10 year tax abatement on business personal property. The
abatement provides a 75% abatement for years 1 – 5 and a 50% abatement for years 6 –
10.
STMicroelectronics is occupying 100,000 sq. ft. of space at 750 Canyon Drive.
STMicroelectronics is one of the largest semiconductor companies in the world. The
Coppell location is their Americas headquarters. With over 250 employees at this
location, ST Microelectronics has a business personal property value of $7 million.
STMicroelectronics has signed a 10 year lease at 750 Canyon Drive with two, 5 year
renewal options. At their January 2010 meeting, the Economic Development Committee
unanimously recommended this 10 year business personal property tax abatement for
STMicroelectronics.
1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND STMICROELECTRONICS, INC.;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas and STMicroelectronics, Inc., a Delaware Corporation, a
copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the location of tangible personal property at the
improvements as described in the Agreement will enhance the economic vitality of the
community through a combination of new capital investment, increased sales tax revenues, and
the creation of additional job opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include
inventory, and supplies.
SECTION 4. The location of tangible personal property at the improvements as
described in the Agreement will accomplish the tax abatement guidelines of the City of Coppell,
Texas.
2
SECTION 5. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Agreement is located, a written notice
that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the
City Manager included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved
by the affirmative vote of the majority of the members of the City Council of the City of
Coppell, Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2010.
CITY OF COPPELL, TEXAS
___________________________________________
DOUG STOVER, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS:tlo:3-23-10:42703)
Page 1 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
STATE OF TEXAS §
§ Tax Abatement Agreement
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), and STMicroelectronics, Inc., a Delaware corporation (the
“Lessee”), acting by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 62 (the “Zone”)
for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax
abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of
the Texas Tax Code, as amended (the “Tax Code”); and
WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement
Guidelines”); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the corporate commercial and industrial
economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the
City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines
and the Tax Code; and
WHEREAS, Lessee has leased approximately 100,000 square feet of office and light
manufacturing space in the existing building located at 750 Canyon Drive, Coppell, Texas
(hereinafter defined as the “Improvements”), to serve as the Lessee’s Americas headquarters, for a
period of at least ten (10) years (hereinafter defined as the “Lease”), and intends to locate and
maintain Tangible Personal Property (hereinafter defined) at the Improvements; and
WHEREAS, the development efforts of the Lessee described herein will create permanent
new jobs in the City; and
WHEREAS, the City Council finds that the contemplated use of the Improvements, and the
other terms hereof are consistent with encouraging development of the Zone in accordance with the
purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance
adopted by the City, the Tax Code and all other applicable laws; and
Page 2 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable and would be of benefit to the Land to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Property is located; and
WHEREAS, the City desires to enter into an agreement with the Lessee for the abatement
of taxes pursuant to Chapter 312 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of the City and the enhancement of the
tax base in the City, the parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
“Appraisal District” shall mean the Dallas Central Appraisal District.
“Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s
existence as a going business, insolvency, appointment of receiver for any part of a party’s
property and such appointment is not terminated within ninety (90) days after such appointment
is initially made, any general assignment for the benefit of creditors, or the commencement of
any proceeding under any bankruptcy or insolvency laws by or against such party, and such
proceeding is not dismissed within ninety (90) days after the filing thereof.
“Effective Date” shall mean the last date of execution of this Agreement.
“First Year of Abatement” shall mean January 1 of the calendar year following the
issuance of a certificate of occupancy by the City for the Lessee’s occupancy of the
Improvements.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by
acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
Page 3 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
“Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax
Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport
Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253.
“Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253.
“Improvements” shall mean the existing building located at 750 Canyon Drive, Coppell,
Texas, located on the Land, and in which Lessee has leased approximately 100,000 square feet of
office and light manufacturing space.
“Land” means the real property described in Exhibit “A”.
“Lease” shall mean the lease of the Improvements by Lessee for a period of not less than
ten (10) years commencing on the Lease Inception Date.
“Lease Inception Date” shall mean the date the term of the Lease commences but not later
than the date the certificate of occupancy is issued by the City for the occupancy of the
Improvements by the Lessee.
“Lessee” shall mean STMicroelectronics, Inc., a Delaware corporation.
“Premises” shall mean collectively, the Land and Improvements, but excluding the Tangible
Personal Property.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or
leased by Lessee that is added to the Improvements prior or subsequent to the execution of this
Agreement.
“Taxable Value” means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article II
General Provisions
2.1 The Lessee has entered into the Lease. The Lessee intends to locate and maintain
Tangible Personal Property at the Improvements.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
2.4 The Premises and Tangible Personal Property are not owned or leased by any
member of the Coppell City Council or any member of the Coppell Planning and Zoning
Page 4 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
Commission, or any member of the governing body of any taxing units joining in or adopting this
Agreement.
2.5 Lessee shall before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that it is in compliance with each term of the Agreement.
2.6 Lessee shall use the Land and the Improvements constructed thereon at all times in a
manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii)
that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable
Value of the Tangible Personal Property is at least Seven Million Dollars ($7,000,000.00) as of the
First Year of Abatement and as of January 1 of each calendar year thereafter, the City hereby grants
Lessee an abatement of the Taxable Value of the Tangible Personal Property for a period of ten (10)
consecutive years beginning with the First Year of Abatement in accordance with the schedule
below. The actual percentage of Taxable Value of the Tangible Personal Property subject to
abatement for each year this Agreement is in effect will apply only to the Tangible Personal
Property that is added to the Improvements subsequent to the execution of this Agreement.
Year of Abatement Percentage of Abatement
1 - 5 85%
6 - 10 50%
3.3 The period of tax abatement herein authorized shall be for a period of ten (10)
consecutive years beginning with the First Year of Tax Abatement.
3.4 During the period of tax abatement herein authorized, Lessee shall be subject to
all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
3.5 The Lessee agrees to locate and maintain Tangible Personal Property at the
Improvements with a Taxable Value as set forth in Section 3.2 above.
3.6 The term of this Agreement shall begin on the Effective Date and continue until
March 1 of the calendar year following the tenth (10th) anniversary date of the First Year of
Abatement, unless sooner terminated as provided herein.
Page 5 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
Article IV
Improvements
4.1 Nothing in this Agreement obligates the Lessee to enter into the Lease and/or
occupy the Improvements, but said action is a condition precedent to tax abatement pursuant to this
Agreement.
4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to
this Agreement, Lessee agrees to enter into the Lease on or before December 31, 2010. Lessee
agrees and covenants to continuously lease and occupy the Improvements for a period of at least ten
(10) years commencing on the Lease Inception Date.
4.3 Lessee agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations.
4.4 The City, its agents and employees shall have the right of access to the Premises
during Lessee’s occupancy of the Improvements to inspect the Improvements at reasonable times
and with reasonable notice to Lessee, and in accordance with Lessee’s visitor access and security
policies, in order to insure that the use of the Improvements are in accordance with this Agreement
and all applicable state and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event Lessee: (i) fails to occupy the Improvements in accordance with this
Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has
delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely
and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or
Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not
otherwise cured within the applicable cure period, then Lessee after the expiration of the notice and
cure periods described below, shall be in default of this Agreement. As liquidated damages in the
event of such default, the Lessee shall, within thirty (30) days after demand, pay to the City all taxes
which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement
for the Tangible Personal Property, with interest at the statutory rate for delinquent taxes as
determined by Section 33.01 of the Tax Code as amended but without penalty. The parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The parties further agree that any abated tax, including interest as a result of
this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall
constitute a tax lien against the Tangible Personal Property, and shall become due, owing and shall
be paid to the City within thirty (30) days after termination.
5.2 Upon breach by Lessee of any obligations under this Agreement, the City shall
notify the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the default must be cured.
Page 6 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
5.3 If the Lessee fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement, by written notice to the Lessee.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, as set forth in Section 5.1 above,
and shall become due and payable not later than thirty (30) days after a notice of termination is
made. The City shall have all remedies for the collection of the abated tax provided generally in the
Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option
to provide a repayment schedule. The computation of the abated tax for the purposes of the
Agreement shall be based upon the full Taxable Value of the Tangible Personal Property, without
tax abatement for the years in which tax abatement hereunder was received by the Lessee, as
determined by the Appraisal District, multiplied by the tax rate of the years in question, as
calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as
provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day
payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of the Lessee pursuant to the Tax Code, to file an annual
exemption application form with the Chief Appraiser of the Appraisal District in which the eligible
taxable property has situs. A copy of the exemption application shall be submitted to the City upon
request.
Article VII
Annual Rendition
The Lessee shall annually render the value of the Tangible Personal Property to the
Appraisal District and provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 Notice. All notices required by this Agreement shall be addressed to the following,
or other such other party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand or overnight delivery:
If intended for Lessee, to:
Attn: Tax Director
STMicroelectronics, Inc.
750 Canyon Drive, Suite 300
Coppell, Texas 75019
Page 7 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
With copy to:
Attention: Steven K. Rose, General Counsel
STMicrolectronics, Inc.
750 Canyon Drive, Suite 300
Coppell, Texas 75019
Fax: 972.466.7044
Phone: 972.466.6412
Email: steven.rose@st.com
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
Fax: 972.304.3673
Phone: 972.304.3677
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Fax: 214.965.0010
Phone: 214.965.9900
E-Mail: psmith@njdhs.com
8.2 Authorization. This Agreement was authorized by resolution of the City Council
approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the
City.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,
shall be enforceable and shall be read as if the parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement shall be construed under the laws of the State of
Texas. Venue for any action under this Agreement shall be the State District Court of Dallas
County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said
court.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
Page 8 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
8.6 Entire Agreement. This Agreement embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements between the parties
and relating to the matters in this Agreement, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned without the prior written consent of
the City Manager; provided, however, Lessee shall have the right to assign this Agreement to
(a) any entity controlled by or under the common control of Lessee, or its parent company; and
(b) any entity acquiring all or substantially all of the stock or assets of Lessee by purchase,
merger or other form of business combination.
8.10 Conditions Precedent. This Agreement is conditioned on and subject to the
following: (i) the Lessee providing a Lease Commencement Letter to the City; and (ii) the
Lessee entering the Lease on or before December 31, 2010.
8.11 Employment of Undocumented Workers. During the term of this Agreement, the
Lessee agrees not to knowingly employ any undocumented workers and if convicted, by a final
non-appealable conviction, of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall
repay the taxes abated herein as of the date of such final non-appealable conviction within 120
business days after the date the Lessee is notified by the City of such final non-appealable
conviction, plus interest at the rate of 6% compounded annually from the date of such final non-
appealable conviction until paid.
8.12 Right of Offset. The City may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the
Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or
otherwise and regardless of whether or not the debt due the City has been reduced to judgment
by a court.
(Signature Page to Follow)
Page 9 Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
EXECUTED in duplicate originals the ____ day of _______________, 2010.
CITY OF COPPELL, TEXAS
By: ______________________________________
Doug Stover, Mayor
Attest:
By: _______________________________________
Christel Pettinos, City Secretary
Agreed as to Form:
By:_______________________________
City Attorney
EXECUTED in duplicate originals the ____ day of _______________, 2010.
STMICROELECTRONICS, INC.,
a Delaware corporation
By:_______________________________________
Name: ____________________________________
Title: ____________________________________
By:_______________________________________
Name: ____________________________________
Title: ____________________________________
Page
10
Tax Abatement Agreement
City of Coppell and STMicroelectronics, Inc. (42693)
Exhibit “A”
Legal Description of Land
Lot 1R2, Block 1, of the Replat of GTE Shared Services Center Addition, Lot 1R1 and 1R2,
Block 1, an addition to the City of Coppell, Dallas County, Texas, as recorded in Document
Number 200900124402, of the Official Public Records of Dallas County, Texas.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 14, 2010
18
✔
PUBLIC HEARING
Consider approval of Case No. PD-248-SF-18 (CH) Carter Estates, zoning change from SF-12 (Single Family-12) and A
(Agriculture) to PD-248-SF-18 (Planned Development 248-Single Family-18), to establish zoning which is reflective of the
existing development and lotting patterns within this 38 acres of property generally located south of Bethel School
Road, west of Moore Road and north of Belt Line Road (DART ROW).
Subject to the Detail Site Plan and Conditions included in the agenda packet.
On November 18, 2010, the Planning Commission unanimously
recommended approval of this ZONING CHANGE (6-0), subject to the
above stated condition. Commissioners Rios-Tankersley, Haas, Frnka,
Sangerhausen, Duncan and Kittrell voted in favor, none opposed.
Staff recommends APPROVAL.
@01 PD-248-SF-18 (CH) CA-1 AR
ITEM # 4
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-248-SF-18 (CH) Carter Estates
P&Z HEARING DATE: November 18, 2010
C.C. HEARING DATE: December 14, 2010
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: South of Bethel School Road and west of Moore Road.
SIZE OF AREA: Approximately 38 acres of property
CURRENT ZONING: SF-12 (Single Family-12) and A (Agricultural)
REQUEST: A zoning change to PD-248-SF-18 (Planned Development
District 248-Single Family-18)
APPLICANT: Owners: See attached petition
HISTORY: The Carter Addition, a 30-lot subdivision, was established in
1972 and encircled an existing 0.5-acre cemetery. Deed
restrictions placed on the property expired on January 1, 2001.
In 1990, a replat of Lots 3 and 4 was denied by Council. On
June 17, 2010, the Planning and Zoning Commission denied a
requested replat of Lot 18, to reduce the front building line from
50 to 30 feet, at 509 East Bethel School Road.
Carter Addition, Phase II, is a five-lot subdivision and has a
long replatting history. The original Final Plat was approved by
the Planning Commission on November 21, 1996. That plat was
not filed for record prior to its expiration date, and therefore was
deemed null and void. In 1998, a Final Plat for a reconfigured
five-lot layout was approved, but again, never filed for record. In
October of 1999, Council approved a five-lot Final Plat which was
filed with Dallas County in December of that year. On August 8,
2000, City Council approved a replat for Lots 1 and 2 Carter
ITEM # 4
Page 2 of 4
Addition, Phase II; however, it also expired. This replat of Lots 1
and 2 was approved again in November 2001, and was filed
within the statutory time limit. Since that time, all five homes
have been constructed in Phase II of this development.
On September 16, 2010, the Planning and Zoning Commission
denied a request for a preliminary plat with variances for 23
residential lots and one area common lot on 20.28 acres of
property located on the south side of Carter Drive,
approximately 925 feet west of Moore Road. This 20.28 acre
tract is not included in this requested called public hearing.
On October 21, 2010, the Planning and Zoning Commission
recommended approved of a preliminary plat for Carter Addition,
Phase III, containing 27 residential lots and two area common
lots on 20.28 acres of property located on the south side of
Carter Drive, approximately 925 feet west of Moore Road. On
November 9TH City Council followed the recommendation of the
Planning and zoning Commission and approved this
preliminary plat.
Also on October 21st, the Planning and Zoning Commission
authorized this public hearing, Lot 1, Block 1 of Carter Addition
Phase 1 is not part of this rezoning effort.
TRANSPORTATION: Carter Drive and Christi Lane are two-lane, asphalt streets, built
within 50 feet of right-of-way. These streets do not have curbs,
gutters or sidewalks.
SURROUNDING LAND USE & ZONING:
North - single-family residences; Northlake Woodlands 7, SF-12
(Single Family-12)
South – DART R.O.W. and Belt Line Road; A (Agriculture)
East - single-family residences; Northlake Woodlands East 6,
PD-94-SF-9 (Planned Development 94-Single Family-9)
West - single-family residences; Northlake Woodlands, Lots 5-10
SF-12 (Single Family-12)
COMPREHENSIVE PLAN:
The Comprehensive Plan of May 1996, as amended, shows the
property as suitable for Residential Low Density and Flood
Plain.
ITEM # 4
Page 3 of 4
DISCUSSION: On September 17, 2010 staff received a petition signed by 34
of the 35 property owners in Carter Addition Phases I and II
requesting that the Planning Commission authorize a public
hearing to establish zoning which is reflective of the existing
development and lotting patterns in this neighborhood. Staff
met with representatives of the homeowners to discuss options
to achieve their stated goal of preserving their neighborhood.
It was determined that a Planned Development District with
conditions was the appropriate approach. The conditions and
exhibit have been reviewed by the neighborhood
representatives, and at this time, there appears to be a
consensus to proceed as presented herein.
There are 34 lots and 32 homes within the area of request.
The lots range in size from 0.58 of an acre to 6.8 acres. The
average lot size (excluding the one oversized lot) is just under
an acre (42,664). Similarly, the homes range in size from 2,299
to 6,599 square feet, averaging 3,878 square feet. Given that
56% of the lots are less than one acre in size, and the range of
size of homes, the Estate District is not appropriate due to it’s
one acre minimum lot size and minimum house size of 2,400
square feet. Therefore, the SF-18 District, which requires a
minimum lot size of 18,000 square feet and minimum house
size of 2,000 square feet was determined to be the appropriate
zoning on given that all existing lots and homes will meet the
minimum prescribed by the SF-18 district zoning.
To achieve the goal of the existing property owners to retain the
existing lotting pattern in this neighborhood, this area is being
placed under a Planned Development District which requires
inclusion of Detailed Site Plan as part of the zoning. Exhibit “A”
will be attached to the ordinance as the Detail Site Plan which
reflects the existing lot configurations, sizes, dimensions and
front yard setbacks.
The written PD conditions are also included which are based
on Single Family-18 regulations and revised to reflect the
existing conditions in the neighborhood.
• Minimum front and side yard requirements have been
increased to reflect platted building lines.
• Minimum lot sizes, depths and widths will reflect the
existing lots as detailed in Exhibit “A”, Detail Site Plan.
• Parking regulations have been revised from the standard
verbiage of “Two enclosed spaces behind the front yard
line” to “Garages shall be swing entry and should not face
the street, unless they are setback a minimum of 100 feet
from property lines adjacent to streets.”
ITEM # 4
Page 4 of 4
• Maximum height and lot coverage, minimum house size and
masonry requirements reflect the base SF-18 District
regulations.
Once this PD zoning is established, if several lots are
purchased by one entity and they desire to subdivide into
smaller lots, a rezoning and replatting will be required. Both the
rezoning (amendment to the Detail Site Plan) and the replat
(residential replat) require notified public hearings. Ultimately,
a positive recommendation will be required from the Planning
and Zoning Commission and approval by the City Council for
any revisions to the Detail Site Plan (Exhibit “A”) and a
Residential Replat. It must be noted that this same public
hearing process will be required if a property owner desires to
adjust a setback line, increase lot coverage, etc.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-248-SF-18 (CH) Carter Estates,
subject to Detail Site Plan and Conditions as attached.
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. Exhibit “A”
2. PD Conditions
3. Petition from property owners
AREA 1AREA 2PD-248-SF-18 (CH) Carter EstatesEXHIBIT “A”N.T.S.
PROPOSED PD CONDITIONS PD-248-SF-18 (CH)
A. A building or premise shall be used only for the following uses:
a. Single-family dwellings, including uses permitted in the "SF-ED" district.
b. Home occupation.
c. Such uses as may be permitted under provisions of special use permits,
section 12-30-6 of the Coppell Code of Ordinances .
B. Maximum height regulations will be 35 feet nor more than two and one-half
stories high.
C. Area regulations.
a. Minimum size of yards.
i. Front yard:
1. 50 feet in Area 1
2. 30 feet in Area 2
3. Where lots have double frontage running through from one
street to another, the required front yard shall be provided
on both streets.
ii. Side yard:
1. Ten percent of the lot width, but in no case shall the side
yard for main structures be less than 20 feet in Area 1 and
eight feet in Area 2.
2. A side yard adjacent to a street shall not be less than 50 feet
in Area 1 and 30 feet in Area 2.
iii. Rear yard: 20 feet.
D. Minimum size of lot: Lot area, width and depths shall be as indicated on the
Detail Site Plan, attached as Exhibit “A”.
E. Minimum dwelling size: 2,000 square feet, exclusive of garages, breezeways and
porches.
F. Maximum lot coverage: 25 percent of the total lot area may be covered by the
combined area of the main buildings and accessory buildings.
G. Parking regulations:
a. A minimum of two enclosed spaces shall be required to be located behind
the front yard line.
b. Garage doors shall not face any street, unless setback a minimum of 100
feet from property lines adjacent to streets.
H. Type of exterior construction
a. At least 80 percent of the exterior walls of the first floor of all structures
shall be of masonry construction exclusive of doors, windows, and the
area above the top plate line.
b. Each story above the first floor of a straight wall structure shall be at least
80 percent masonry exclusive of doors, windows and the area above the
top plate line.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 14, 2010
19
✔
PUBLIC HEARING
Consider approval of Case No. PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4, a zoning change
request from LI (Light Industrial) to PD-247-LI (Planned Development-247-Light Industrial), to allow site and building
modifications on 4.04 acres of land located at the southwest corner of S. Coppell Road and Burns Street (815 S.
Coppell Road) at the request of CRP Holdings B, LP, being represented by Mark Pross, Pross Design Group.
See attached letter from Mark W. Pross dated November 22, 2010, appealing the Planning Commission's
recommendation for denial to Council.
A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S RECOMMENDATION
FOR DENIAL OF THIS ZONING CHANGE.
On October 21, 2010, the Planning Commission opened and
continued the public hearing to the November 18, 2010, meeting.
SEE CONTINUATION OF RECOMMENDED ACTIONS ON PAGE 2
@02 PD-247-LI, CCCA, L3, B4-1 AR
AGENDA REQUEST
NARRATIVE
On November 18, 2010, the Planning Commission motioned to recommend DENIAL
of this ZONING CHANGE (3-3). Commissioners Haas, Frnka and Kittrell voted in favor
of denial, Commissioners Rios-Tankersley, Sangerhausen and Duncan opposed and
the motion failed. The Planning Commission motioned to recommend APPROVAL
(3-3). Commissioners Rios-Tankersley, Sangerhausen and Duncan voted in favor,
Commissioners Haas, Frnka and Kittrell opposed. This motion failed and this item was
denied due to no majority vote for approval.
Staff recommends DENIAL.
ITEM # 5
Page 1 of 7
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4
P&Z HEARING DATE: October 21, 2010 Continued to November 18, 2010 i
i Revisions to original staff report are noted in Bold-Italic
C.C. HEARING DATE: November 9, 2010 December 14, 2010
STAFF REP.: Matt S. Steer, City Planner
LOCATION: Southwest corner of South Coppell Road and Burns Street (815
South Coppell Road)
SIZE OF AREA: 4.04 acres of property
CURRENT ZONING: LI (Light Industrial)
REQUEST: A zoning change to PD-247-LI (Planned Development-247-Light
Industrial) to allow site and building modifications.
APPLICANT: Owner: Architect:
Dan Wheeler Mark Pross,
CRP Holdings B, L.P. Pross Design Group, Inc.
Two International Pl, 25th Floor 5310 Harvest Hill #180
Boston, Massachusetts 02110 Dallas, Texas 75230
Email: dwheeler@colonyinc.com Email: mpross@pdgarch.net
Phone: (617) 235-6342 Phone: (972) 759-1400
Fax: (617) 235-6399 Fax: (972) 759-1405
HISTORY: The existing office/warehouse was constructed in 1975 prior to the
adoption of the current Zoning Ordinance which has more
stringent requirements than the one in effect at that time. In 1993,
a minor plat was submitted for the subject lot, but was later
withdrawn and never acted on by the Planning Commission. It
was determined at that time the proposed 19,000-square-foot
ITEM # 5
Page 2 of 7
expansion to the warehouse facility would not constitute the need
for a plat. Later that year an application was filed for a 24,000-
square-foot addition and subsequently constructed. A minor
plat/replat was eventually approved in 1999 for the subject
property and the adjacent lot to the west (Lot 2) in order to adjust
the common property line 33 feet to the west.
A Planned Development zoning change request was brought
to the Planning and Zoning Commission on October 21, 2010.
Staff recommended denial based on the premise: if the
Planned Development were approved, it would legalize the
nonconforming items as proposed (insufficient parking, truck
loading docks abutting Burns and Coppell Roads without
proper screening, insufficient landscape areas and trees, and
the drive approach greater than 40 feet in width on South
Coppell Road), and there would be no incentive to bring the
site up to Coppell’s current development standards at a later
date. The public hearing for the request was opened and
continued to the November 18, 2010 meeting by the Coppell
Planning and Zoning Commission on Thursday, October 21,
2010 (7-0). The Commission’s continuation was to permit the
applicant to work with staff to address the following items:
1. Increasing the parking count and parking lot efficiency.
2. Showing the onsite truck circulation and maneuvering
patterns.
3. Increasing the landscape areas, overstory tree count
and screening of the truck courts and dock doors.
TRANSPORTATION: Burns Street is a two-lane undivided roadway within 60 feet of
right-of-way. South Coppell Road is a recently improved two-lane
undivided collector with angled on-street parking within a 90-foot
right-of-way.
SURROUNDING LAND USE & ZONING:
North - Old Town Addition, vacant; H (Historic)
South – DART R.O.W. & Coppell Fire Administration; LI (Light
Industrial)
East – Villages of Old Coppell, vacant & Coppell Service Center;
LI (Light Industrial)
West – Office/warehouse; LI (Light Industrial)
ITEM # 5
Page 3 of 7
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended,
shows the property as suitable for light industrial/showroom
uses.
DISCUSSION: As mentioned in the HISTORY section, this office/warehouse was
constructed in 1975 prior to the adoption of the current Zoning
Ordinance which has more stringent requirements than the one in
effect at that time. In 1993, a minor plat was submitted for the
subject lot, but was later withdrawn and never acted on by the
Planning Commission. It was determined at that time the
proposed 19,000-square-foot expansion to the warehouse facility
would not constitute the need for a plat. Later that year an
application was filed for a 24,000-square-foot addition and
subsequently constructed. A minor plat/replat was eventually
approved in 1999 for the subject property and the adjacent lot to
the west (Lot 2) in order to adjust the common property line 33
feet to the west. Because this building/site predates the current
Zoning Ordinance, there are several nonconforming issues that
would not be permitted within the development parameters of
today.
Staff has advised the applicant since mid-July that the site is
nonconforming and the majority of the proposed changes could
simply not be supported by staff. Originally, the proposal was to
remove the landscape island and three Live Oak trees (ten-caliper
inch, 19-caliper inch & 21-caliper inch) that separated the two
drives on the south side of the Burns Street right-of-way. Also
proposed was the addition of four dock doors adjacent to Burns
and replacement of the declining Photenia hedge on the northeast
corner with Eastern Red Cedars. Although staff was in favor of the
landscape change, staff could not support the proposal to
eliminate the spacing between drives and removal of the three
large Live Oaks. The Subdivision Ordinance requires a minimum
90-foot spacing between drives and 40-foot maximum width for
industrial drives. The proposal would have increased the drive
width to 212 feet which would well exceed the maximum allowable
width and would have eliminated the required separation. The
four new dock doors would have added to the unsightly
appearance of the truck court abutting Burns and also could not
be supported.
Subsequently, the applicant hired an Architect and Landscape
Architect to work with staff and propose additional changes to the
site to make the request more appealing. Since the architect
became involved, staff’s concerns related to the driveway spacing
and drive width were somewhat addressed and the proposal
ITEM # 5
Page 4 of 7
included facade updates to the mid-70’s style exposed aggregate
warehouse. At the northeast corner of the building, the facade is
proposed to be covered with EIFS and manufactured stone, the
existing canopies are proposed to be updated and painted, and
the tilt wall banding and dock doors are also proposed to be
painted. The remainder of the building is proposed to remain
unpainted exposed aggregate panels.
The parking area is to be restriped and the existing fire lane is
proposed to be reconfigured to accommodate the new drive and
the increased width of the island on the south side of Burns. The
total number of parking spaces is inadequate. The required
parking is calculated at one parking space per 300 square feet of
office space and one parking space per 1,000 square feet of
warehouse space. Ninety-two spaces are required, sixty-six are
provided.
Since the Planning & Zoning Commission Meeting, the
applicant has added four additional parking spaces to the
proposal, bringing the total provided to 70 spaces. The
northeast parking area has been reconfigured to include a
larger area for landscaping and head-in parking as opposed
to a small multi-aisled parking area with no landscaping. The
area on the northwest corner is also proposed to be
reconfigured to include head-in parking, providing for better
maneuverability. On the east side of the building adjacent to
South Coppell Road, six additional parking spaces have been
added and the proposed fire lane shifted slightly to the west.
The looped fire lane on the north side of the site has also
been shifted to the north approximately 20 feet to allow for
the loading and unloading of the large trucks. The Fire
Marshal has reviewed and approved these modifications.
Also proposed to be updated is the landscaping. To summarize,
the landscape modifications proposed are the addition of 18
overstory trees (five of which are five-caliper-inch Live Oaks), 333
shrubs, 435 ground cover plants and approximately 1,980 square
feet of added landscape area. The Landscape Plan also shows
two Live Oaks to be removed (16-caliper-inch & 18-caliper-inch).
Although the additional landscaping is considered an
improvement to the site, staff believes that this is still insignificant
compared with the current requirements of today. As shown on
the proposed landscape plan, a total of 63 overstory trees are
required, they are providing 29 trees onsite; 7,348 square feet of
landscaping is required within the parking area and they are
providing 1,406 square feet; 22,895 19,895 square feet of
landscape area is required for the perimeter and they are
ITEM # 5
Page 5 of 7
providing 16,467 13,469 square feet; 14,608 square feet of
nonvehicular open space (at least 7,304 front yard) and none is
provided.
In order to better outline the calculations, the applicant has
added a chart to the landscape plan which represents the
requirements of the Zoning Ordinance (corrected); what was
previously proposed (corrected); and what is currently being
proposed after the Planning and Zoning Commissions
recommendation and discussions with City Staff. As shown
in the chart, the applicant has increased the total landscape
area provided by 12,246 square feet and included 46
additional (overstory and accent) trees from the previous
submittal. There are a total of 47 overstory trees (including
ten five-caliper inch Live Oaks) and 17 accent trees proposed
to be planted.
Proposed Landscape Table Required Previous
Submittal
Current
Submittal Delta
Perimeter Trees 38 23 38 +15
Perimeter Trees in R.O.W. (not
included) --- 7 7 -----
Perimeter Landscape Area 19,895
sq. ft. 13,469 sq. ft. 15,907 sq. ft. +2,438 sq. ft.
Perimeter Landscape Area in
R.O.W. (not included) ---- 8,306 sq. ft. 8,306 sq. ft. -----
Interior Trees 19 6 21 +15
Interior Landscape Area 7,348 sq. ft. 1,406 sq. ft. 3,155 sq. ft. +1,749 sq. ft.
Interior Landscape Islands 9 3 10 +7
Open Space (Nonvehicular)
Trees 6 0 6 +6
Open Space Landscape Area
(Nonvehicular) 14,608 sq. ft. 0 sq. ft. 7,517 sq. ft. +7,517 sq. ft.
TOTAL LANDSCAPE AREA
(R.O.W. NOT INCLUDED) 41,851 sq. ft. 14,875 sq. ft. 27,121 sq. ft. +12,246 sq. ft.
TOTAL EXISTING TREES 11 overstory
4 accent
11 overstory
4 accent -----
TOTAL NEW OVERSTORY
TREES 18 47 +29
TOTAL NEW ACCENT TREES -- 17 +17
TOTAL NEW SHRUBS ADDED 333 511 +178
TOTAL NEW GROUNDCOVER
PLANTS ADDED 435 460 +25
ITEM # 5
Page 6 of 7
The applicant has revised the proposed hedge row in the
northeast corner of the site to an undulating pattern with the
added depth in landscape area gained with the parking
revision mentioned above. Additional interior (parking lot)
landscaping has been gained with the addition of the
required landscape islands at the end of each parking row.
The ingress/egress point on the southeast corner of the
property has been reduced in size which results in the
landscaping area south of the drive increased in its place.
Although not proposing to remove the railroad spur on the
south side of the building, the applicant is proposing to plant
eight overstory trees in this area. Staff recommends that the
landscape specification and detail sheet be followed closely
when planting occurs. If modifications to this sheet are
needed to accommodate the plantings in the railroad spur
area, then a copy shall be provided for staff to review, if this
request is approved.
If approved, the requested Planned Development would
essentially legalize the nonconfoming items (insufficient parking,
dock doors abutting Burns and Coppell Road, insufficient
landscape area and trees, and the drive approach greater than 40
feet on South Coppell Road). Staff has a great deal of concern
over legalizing this particular site with the submitted plan. Staff
believes the proposed screening of the truck court area is
insufficient within the LI Zoning District, not to mention where this
property lies in relation to the recently approved Old Town
Addition plat across Burns Street and the approved Villages of Old
Coppell across South Coppell Road. The deficiency of landscape
area on site could be better addressed with removal of pavement
and installation of landscaping. Staff also believes the building
could be better updated and has advised the applicant to look at
other office/warehouses in the district for ideas. All and all, staff is
recommending denial of the proposal as submitted.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of PD-247-LI, Coppell Commerce Center, Lot 3, Block 4
because the Planned Development would legalize the site as proposed and there would
be no incentive to bring the site up to Coppell’s current development standards at a later
date.
Although significant modifications have been made to the landscaping and parking
areas since the initial meetings with the applicant, staff unfortunately, still cannot
support this planned development zoning request to create a legal conforming site
as presented and recommends DENIAL.
ITEM # 5
Page 7 of 7
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan
2. Tree Survey
3. Landscape Plan
4. Elevations
12346TREE PROTECTION FENCINGTO REMAIN DURING CONSTRUCTION, TYP.REFER TO 01/L1.00 FOR DETAILTREE PROTECTION FENCINGTO REMAIN DURING CONSTRUCTION, TYP.REFER TO 01/L1.00 FOR DETAILEXISTING SHRUBSTO REMAINEXISTING LIRIOPETO REMAINEXISTING PAVERSTO REMAINEXISTING BOULDERSTO REMAINEXISTING LIRIOPETO REMAINEXISTING SHRUBSTO REMAINEXISTING BOULDER TOBE REMOVED(2) EXISTING BOULDERSTO BE REMOVED5(2) EXISTING BOULDERS TOBE REMOVEDEXISTING PHOTINIA HEDGETO BE REMOVED(4) EXISTING CREPE MYRTLETREES TO REMAIN(3) EXISTING CREPE MYRTLESTO BE REMOVEDEXISTING CREPE MYRTLETO BE REMOVED78910111213141516171819202122232425262728293031214.749.0333 fax214.206.312811.09.1003045609015SCALE IN FEET: 1"=30'-0"TREE PRESERVATION NOTES1. EXISTING TREES TO REMAIN SHALL BE PROTECTEDDURING CONSTRUCTION FROM TREE STRUCTUREDAMAGE AND COMPACTION OF SOIL UNDER ANDAROUND DRIP LINE (CANOPY) OF TREE.2. IF ANY ROOT STRUCTURE IS DAMAGED DURINGADJACENT EXCAVATION / CONSTRUCTION, NOTIFYLANDSCAPE ARCHITECT IMMEDIATELY. IT ISRECOMMENDED THAT A LICENSED ARBORIST BESECURED FOR THE TREATMENT OF ANY POSSIBLETREE WOUNDS.3. NO DISTURBANCE OF THE SOIL GREATER THAN 4"SHALL BE LOCATED CLOSER TO THE TREE TRUNKTHAN 1/2 THE DISTANCE OF THE DRIP LINE TO THETREE TRUNK. A MINIMUM OF 75% OF THE DRIP LINEAND ROOT ZONE SHALL BE PRESERVED AT NATURALGRADE.4. ANY FINE GRADING DONE WITHIN THE CRITICAL ROOTZONES OF THE PROTECTED TREES MUST BE DONEWITH LIGHT MACHINERY SUCH AS A BOBCAT ORLIGHT TRACTOR. NO EARTH MOVING EQUIPMENTWITH TRACKS IS ALLOWED WITHIN THE CRITICALROOT ZONE OF THE TREES.5. NO MATERIALS INTENDED FOR USE IN CONSTRUCTIONOR WASTE MATERIALS ACCUMULATED DUE TOEXCAVATION OR DEMOLITION SHALL BE PLACEDWITHIN THE LIMITS OF THE DRIP LINE OF ANY TREE.6. NO EQUIPMENT MAY BE CLEANED OR TOXICSOLUTIONS, OR OTHER LIQUID CHEMICALS, SHALL BEDEPOSITED WITHIN THE LIMITS OF THE DRIP LINE OF ATREE, INCLUDING BUT NOT LIMITED TO: PAINT, OIL,SOLVENTS, ASPHALT, CONCRETE, MORTAR, PRIMERS,ETC.7. NO SIGNS, WIRES OR OTHER ATTACHMENTS, OTHERTHAN THOSE OF A PROTECTIVE NATURE, SHALL BEATTACHED TO ANY TREE.8. NO VEHICULAR / CONSTRUCTION EQUIPMENT TRAFFICOR PARKING IS ALLOWED WITHIN THE LIMITS OF THEDRIP LINE OF TREES.9. BORING OF UTILITIES MAY BE PERMITTED UNDERPROTECTED TREES IN CERTAIN CIRCUMSTANCES. THEMINIMUM LENGTH OF THE BORE SHALL BE THE WIDTHOF THE TREE'S CANOPY AND SHALL BE A MINIMUMDEPTH OF FORTY-EIGHT (48") INCHES.10. IRRIGATION TRENCHING WHICH MUST BE DONE WITHINTHE CRITICAL ROOT ZONE OF A TREE SHALL BE DUGBY HAND AND ENTER THE AREA IN A RADIAL MANNER.11. ALL TREES TO BE REMOVED FROM THE SITE SHALL BEFLAGGED BY THE CONTRACTOR WITH BRIGHT REDVINYL TAPE (3" WIDTH) WRAPPED AROUND THE MAINTRUNK AT A HEIGHT OF FOUR (4') FEET ABOVE GRADE.FLAGGING SHALL BE APPROVED BY LANDSCAPEARCHITECT PRIOR TO ANY TREE REMOVAL.CONTRACTOR SHALL CONTACT LANDSCAPEARCHITECT WITH 72 HOURS NOTICE TO SCHEDULEON-SITE MEETING.12. ALL TREES TO REMAIN, AS NOTED ON DRAWINGS,SHALL HAVE PROTECTIVE FENCING LOCATED AT THETREE'S DRIP LINE. THE PROTECTIVE FENCING MAY BECOMPRISED OF SNOW FENCING, ORANGE VINYLCONSTRUCTION FENCING, CHAIN LINK FENCE OROTHER SIMILAR FENCING WITH A FOUR (4') FOOTAPPROXIMATE HEIGHT. THE PROTECTIVE FENCINGSHALL BE LOCATED AS INDICATED ON THE TREEPROTECTION DETAIL.13. WHEN A LOW HANGING LIMB IS BROKEN DURING THECOURSE OF CONSTRUCTION, THE CONTRACTOR SHALLNOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY.UNDER NO CIRCUMSTANCE SHALL THE CONTRACTORPRUNE ANY PORTION OF THE DAMAGED TREEWITHOUT THE PRIOR APPROVAL BY THE LANDSCAPEARCHITECT.01TREE PROTECTIVE FENCINGNTSEXISTING GRADE TOREMAIN UNDISTURBEDMETAL T-POST ATEACH OF FOUR CORNERSSNOW FENCE, ORANGE VINYLCONSTRUCTION FENCE, ORCHAINLINK FENCEREFER TO PLAN FOREXISTING TREE TO REMAIN4'-0" MIN.3'-0"LIMITS OF DRIPLINEEXISTING TREETO BE REMOVEDTREE PROTECTION FENCINGTO REMAIN DURING CONSTRUCTIONREFER TO 01/L1.00EXISTING TREETO REMAINEXISTING TREE LEGENDNo. Dia. Species Status Remarks Crown Class % Live Crown(inches)(common name)1 21 Red Oak To Remain Co-Dominant 952 19 Live Oak To Remain Co-Dominant 803 28 Live Oak To Remain Co-Dominant 804 18 Red Oak To Remain Co-Dominant 855 18 Live Oak To Remain 4 - 5", 9", 5", 8" Co-Dominant 806 22 Live Oak To Remain Co-Dominant 807 16 Live Oak To Be Removed Co-Dominant 808 18 Live Oak To Be Removed Co-Dominant 809 22 Live Oak To Remain Co-Dominant 8010 13 Live Oak To Remain Co-Dominant 8011 15 Live Oak To Remain Co-Dominant 8012 16 Live Oak To Remain 2 - 10", 11" Co-Dominant 8013 13 Live Oak To Remain Co-Dominant 8014 21 Live Oak To Remain Outside Property15 19 Live Oak To Remain Outside Property16 10 Live Oak To Remain Outside Property17 17 Live Oak To Remain 2 - 10", 12", Outside Property18 13 Live Oak To Remain Outside Property19 10 Live Oak To Remain Outside Property20 23 Live Oak To Remain Outside Property21 5 Bald Cypress To Remain Outside Property22 5 Bald Cypress To Remain Outside Property23 5 Bald Cypress To Remain Outside Property24 5 Bald Cypress To Remain Outside Property25 5 Bald Cypress To Remain Outside Property26 4 Cedar Elm To Remain Outside Property27 4 Cedar Elm To Remain Outside Property28 4 Cedar Elm To Remain Outside Property29 5 Bald Cypress To Remain Outside Property30 5 Bald Cypress To Remain Outside Property31 5 Bald Cypress To Remain Outside Property239343437Total Mitigation Inches ProvidedTotal Caliper Inches on SiteTotal Caliper Inches Removed Total Caliper Inches of Protected Trees To Be RemovedTREE SURVEY FIELD DATATREE MITIGATION LEGENDGROSS RETRIBUTIONminus (-)PRESERVATION CREDITTrees Preserved On Sitedivided by (÷)Total Trees On Siteequals (=)Preservation Percentagetimes (x)Gross Retributionequals (=)PRESERVATION CREDITminus (-)LANDSCAPING CREDITequals (=)NET RETRIBUTIONtimes (x) $100.00 +32equals (=)205 cal. in.34 cal. in.37 cal. in.29 cal. in.34 cal. in.0.86239 cal. in.
(3) EXISTING LIVE OAKTREES TO REMAIN(4) EXISTING LIVE OAKTREES TO REMAIN(3) EXISTINGCEDAR ELMTREES TOREMAINEXISTING SHRUBSTO REMAINEXISTING LIRIOPETO REMAINEXISTING LIRIOPETO REMAINEXISTING SHRUBSTO REMAINEXISTING LAWNTO REMAIN;REPAIR AND REPLACEAS NECESSARY, TYP.INSTALL LAWN SOLID SODBERMUDAGRASSINSTALL LAWN SOLID SODBERMUDAGRASS, TYP.EXISTING LAWNTO REMAIN24" MULCH BED ATBACK OF CURB18LOREXISTING LIVE OAKTREE TO REMAINEXISTING PAVERSTO REMAIN(4) EXISTING CREPE MYRTLETREES TO REMAIN2LO48NRS6CE11CE5KO205LIREXISTING BOULDERSTO REMAIN10KO150AJ11SY2LE11TS30MFG10TS20GM5CO20DWM10TS20GM25MFG9GM29NRS6'10'3'-0"15'-0"LANDSCAPE BUFFERLANDSCAPE BUFFERLANDSCAPEBUFFERLANDSCAPEBUFFER10'10'1CE3LEINSTALL LAWN SOLID SODBERMUDAGRASS, TYP.INSTALL LAWN SOLID SODBERMUDAGRASS, TYP.2LE2LEINSTALL LAWN SOLID SODBERMUDAGRASS, TYP.1LE1LE25'-0"36NRS3CM9GM12TS11TS16GM9KO3CM9KO56NRS9TS11KO12GM3CM1LE20TS25GM25MFG21KO8LO1LE1LE(5) EXISTINGLIVE OAK TREESTO REMAINEXISTING RED OAKTREE TO REMAIN(2) EXISTING LIVE OAKTREES TO REMAIN(2) EXISTINGLIVE OAK TREESTO REMAIN(5) EXISTINGBALD CYPRESSTREES TOREMAIN(3) EXISTINGBALD CYPRESSTREES TOREMAIN5CM25MFG16GM18TS3WM214.749.0333 fax214.206.312811.09.1003045609015SCALE IN FEET: 1"=30'-0"LANDSCAPE NOTES1. CONTRACTOR SHALL VERIFY ALL EXISTING ANDPROPOSED SITE ELEMENTS AND NOTIFY LANDSCAPEARCHITECT OF ANY DISCREPANCIES. SURVEY DATAOF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS.2. CONTRACTOR SHALL LOCATE ALL EXISTINGUNDERGROUND UTILITIES AND NOTIFY LANDSCAPEARCHITECT OF ANY CONFLICTS. CONTRACTOR SHALLEXERCISE CAUTION WHEN WORKING IN THE VICINITYOF UNDERGROUND UTILITIES.3. CONTRACTOR SHALL PROVIDE A MINIMUM 2% SLOPEAWAY FROM ALL STRUCTURES.4. CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVEFINAL CONTOURS AS INDICATED. LEAVE AREAS TORECEIVE TOPSOIL 3" BELOW FINAL FINISHED GRADE INPLANTING AREAS AND 1" BELOW FINAL FINISHEDGRADE IN LAWN AREAS.5. CONTRACTOR SHALL CROWN ALL LANDSCAPEISLANDS TO 6" HEIGHT, TYPICAL AND UNIFORMTHROUGHOUT THE SITE.6. CONTRACTOR SHALL OBTAIN LANDSCAPEARCHITECT'S APPROVAL OF FINE GRADING, CROWNS,AND BERMS PRIOR TO INSTALLING LANDSCAPE.NOTIFY LANDSCAPE ARCHITECT 72 HOURS INADVANCE TO SCHEDULE A SITE VISIT.7. ALL PLANTING BEDS AND LAWN AREAS SHALL BESEPARATED BY STEEL EDGING. NO STEEL EDGINGSHALL BE INSTALLED ADJACENT TO BUILDINGS,WALKS, OR CURBS. CUT STEEL EDGING AT 45 DEGREEANGLE WHERE IT INTERSECTS WALKS AND CURBS.8. TOP OF MULCH SHALL BE 1/2" MINIMUM BELOW THETOP OF WALKS AND CURBS.9. ALL LAWN AREAS SHALL BE SOLID SODBERMUDAGRASS, UNLESS OTHERWISE NOTED ON THEDRAWINGS.10. ALL LANDSCAPE AREAS SHALL BE 100% IRRIGATEDWITH AN UNDERGROUND AUTOMATIC IRRIGATIONSYSTEM AND SHALL INCLUDE RAIN AND FREEZESENSORS.11. CONTRACTOR SHALL PROVIDE BID PROPOSAL LISTINGUNIT PRICES FOR ALL MATERIAL PROVIDED.12. CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAININGALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS.GENERAL LAWN NOTES1. CONTRACTOR SHALL COORDINATE OPERATIONS ANDAVAILABILITY OF EXISTING TOPSOIL WITH ON-SITECONSTRUCTION MANAGER.2. CONTRACTOR SHALL LEAVE LAWN AREAS 1" BELOWFINAL FINISHED GRADE PRIOR TO TOPSOILINSTALLATION.3. CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVEFINAL CONTOURS AS INDICATED ON CIVIL PLANS.ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGEAWAY FROM BUILDINGS. PROVIDE UNIFORMROUNDING AT TOP AND BOTTOM OF SLOPES ANDOTHER BREAKS IN GRADE. CORRECT IRREGULARITIESAND AREAS WHERE WATER MAY STAND.4. ALL LAWN AREAS SHALL BE FINE GRADED, IRRIGATIONTRENCHES COMPLETELY SETTLED AND FINISH GRADEAPPROVED BY THE OWNER'S CONSTRUCTIONMANAGER OR LANDSCAPE ARCHITECT PRIOR TO LAWNINSTALLATION.5. CONTRACTOR SHALL REMOVE ALL ROCKS 3/4"DIAMETER AND LARGER, DIRT CLODS, STICKS,CONCRETE SPOILS, ETC. PRIOR TO PLACING TOPSOILAND LAWN INSTALLATION.6. CONTRACTOR SHALL PROVIDE AN ADD ALTERNATEPRICE TO INSTALL (2") TWO INCHES OF IMPORTEDTOPSOIL ON ALL LAWN AREAS IN LIEU OF USINGEXISTING TOPSOIL ON-SITE . IMPORTED TOPSOILSHALL BE NATURAL, FRIABLE SOIL FROM THE REGION,KNOWN AS BOTTOM LAND SOIL, FREE FROM LUMPS,CLAY, TOXIC SUBSTANCES, ROOTS, DEBRIS,VEGETATION, STONES, CONTAINING NO SALT ANDBLACK TO BROWN IN COLOR.7. PLANT SOD BY HAND TO COVER INDICATED AREASCOMPLETELY. ENSURE EDGES OF SOD ARE TOUCHING.TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILLVOIDS.8. ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVENSURFACE, FREE FROM UNNATURAL UNDULATIONS.9. WATER SOD THOROUGHLY AS SOD OPERATIONPROGRESSES.10. IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1AND MARCH 1, OVER-SEED BERMUDAGRASS SODWITH WINTER RYEGRASS, AT A RATE OF FOUR (4)POUNDS PER ONE THOUSAND (1000) SQUARE FEET.11. CONTRACTOR SHALL MAINTAIN ALL LAWN AREASUNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUTNOT LIMITED TO: MOWING, WATERING, WEEDING,CULTIVATING, CLEANING AND REPLACING DEAD ORBARE AREAS TO KEEP PLANTS IN A VIGOROUS,HEALTHY CONDITION.12. CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OFACCEPTABLE TURF AREA AND SHALL PROVIDEREPLACEMENT FROM LOCAL SUPPLY IF NECESSARY.MAINTENANCE NOTES1. THE OWNER, TENANT AND THEIR AGENT, IF ANY,SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FORTHE MAINTENANCE OF ALL LANDSCAPE.2. ALL LANDSCAPE SHALL BE MAINTAINED IN A NEATAND ORDERLY MANNER AT ALL TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING,WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.3. ALL LANDSCAPE AREAS SHALL BE KEPT FREE OFTRASH, LITTER, WEEDS AND OTHER SUCH MATERIALOR PLANTS NOT PART OF THIS PLAN.4. ALL PLANT MATERIAL SHALL BE MAINTAINED IN AHEALTHY AND GROWING CONDITION AS ISAPPROPRIATE FOR THE SEASON OF THE YEAR.5. ALL PLANT MATERIAL WHICH DIES SHALL BEREPLACED WITH PLANT MATERIAL OF EQUAL ORBETTER VALUE.6. CONTRACTOR SHALL PROVIDE SEPARATE BIDPROPOSAL FOR ONE YEAR'S MAINTENANCE TO BEGINAFTER FINAL ACCEPTANCE.PRUNING AND TRIMMING NOTES1. CONTRACTOR SHALL PRUNE ALL EXISTING TREES ANDSHRUBS ON-SITE USING THE FOLLOWING GUIDELINES.2. ALL TREES AND SHRUBS SHALL BE TRIMMED SO THATNATURAL SHAPES OF THE PLANTS ARE RETAINED.3. DO NOT 'TOP' OR 'HEAD' TREES. DO NOT 'BALL' OR'SHEAR' TREES OR SHRUBS; HEDGES SHALL BEAVOIDED.4. IF BALLING OR SHEARING OF TREES OR SHRUBS HASOCCURRED IN THE PAST, DISCONTINUE THIS PRACTICEAND ALLOW PLANTS TO GROW INTO NATURAL SHAPE.5. REMOVE SUCKERS, DEAD, DYING, DISEASED, BROKENAND / OR WEAK BRANCHES FROM ALL TREES ANDSHRUBS ALONG THE MAIN TRUNK STRUCTURE ANDWITHIN THE BRANCHING AREA.6. CONTRACTOR SHALL PRUNE EXISTING DECIDUOUSHARDWOOD AND ORNAMENTAL TREES BY REMOVINGLOWER LIMBS TO RAISE THE CANOPY. THE BOTTOMOF THE CANOPY SHALL BE RAISED TO 12'-0" ABOVEGRADE FOR DECIDUOUS HARDWOOD TREES AND 8''-0"HEIGHT ABOVE GRADE FOR ORNAMENTAL TREES,WHEN POSSIBLE. THE INTEGRITY OF THE CANOPYAND STRUCTURE OF THE TREE SHALL BE MAINTAINED.DO NOT CUT OR PRUNE CENTRAL LEADERS.7. CONTRACTOR SHALL THIN THE CANOPY BYONE-FOURTH. PRUNE TREE TO EVENLY SPACEBRANCHES WITHIN THE CANOPY WHENEVER POSSIBLE.REMOVE THOSE LIMBS THAT CROSS OTHERS, DOUBLELEADERS AND THOSE THAT EXCESSIVELY EXTENDBEYOND THE NATURAL CROWN OF THE TREE.8. CONTRACTOR SHALL PROVIDE DEEP ROOT FEEDINGAND INVIGORATION OF EXISTING TREES. THIS SHALLBE ORGANIC BASED NUTRIENTS BASED FOR ROOTGROWTH AND LEAF GROWTH STIMULATION.9. SHRUBS WITHIN 8'-0" OF THE BUILDING SHALL BETRIMMED SO THAT THEY ARE NO TALLER THAN 32"HIGH, WHILE RETAINING THEIR NATURAL SHAPE. DONOT 'BALL' OR 'SHEAR' OR SHRUBS; HEDGES SHALLBE AVOIDED.10. TRIM AND EDGE GROUNDCOVER TO KEEP A CLEAN,GROOMED APPEARANCE.11. CONTRACTOR SHALL BE REQUIRED TO CHIP ALLREMOVED BRANCHES, LEAFS, ETC.LANDSCAPE TABULATIONSCITY OF COPPELL, TEXASPERIMETER LANDSCAPE1. Street Frontage: 15' landscape buffer with one (1) tree, 3" cal., per 50 l.f.2. Perimeter landscape: 10' landscape buffer along property lines with one (1) tree, 3" cal., per 50l.f.2. 30" ht. parking lot screen: hedge or berm.COPPELL ROAD - 260 l.f.Required Provided15' landscape buffer 10'-15' landscape buffer(5) trees (5) trees30" ht. screen 30" ht. hedgeBURNS STREET - 684 l.f.Required Provided Additionally Provided (in R.O.W.)15' landscape buffer 3'-25' landscape buffer(14) trees (7) existing trees (7) existing trees(7) trees30" ht. screen 30" ht. hedgeWEST PROPERTY LINE - 260 l.f.Required Provided10' landscape buffer 6'-10' landscape buffer(5) trees (5) treesSOUTH PROPERTY LINE - 676 l.f.Required Provided10' landscape buffer 10' landscape buffer(14) trees (14) treesPERIMETER LANDSCAPE AREA Additionally Provided (in R.O.W.)Provided19,895 s.f. 8,306 s.f.INTERIOR LANDSCAPE3. 10% of gross parking area to be landscape.4. One (1) tree per 400 s.f. of required landscape area.5. 12% of total number parking spaces shall be planting islands with trees.Parking Lot: 73,477 s.f.Parking Spaces: 70Required Provided7,348 s.f. (10%) 3,697 s.f. (5%)(19) tree (21) trees(14) trees(7) trees (17) ornamental trees + (4) existing ornamental trees at 3:1 substitution rate(9) islands (10) islandsOPEN SPACERequirements: 15% of lot not covered by buildings to be landscape open space. One (1) tree per2500 s.f. of open space.TOTAL LOT AREA: (Exclusive of building): 97,385 s.f.Required Provided14,608 s.f. (15%) 7,517 (8%)(6) trees (6) treesSUMMARYRequired Provided(63) trees (7) existing trees in R.O.W.(11) existing trees(47) proposed large trees(4) existing ornamental trees(17) proposed ornamental trees(86) treesPLANT LISTSYMBOL BOTANICAL NAME COMMON NAME QTY. SIZE REMARKSTREESCEUlmus crassifolia Cedar Elm 18 3" cal. container grown, 15' ht., 5' spread, 5' branching ht., matchingCMLagerstroemia indica 'Tuskegee'Crepe Myrtle 'Tuskegee' 14 30 gal. container grown, 3-5 trunk, no cross canes, 8' ht., 4' spread, matching COQuercus muehlenbergiiChinkapin Oak 5 3" cal. container grown, 15' ht., 5' spread, 5' branching ht., matchingLEUlmus parvifolia 'Sempervirens'Lacebark Elm 14 3" cal. container grown, 15' ht., 5' spread, 5' branching ht., matchingLOQuercus virginiana Live Oak 10 5" cal. container grown, 18' ht., 8' spread, 7' branching ht., matchingWMMyrica ceriferaWax Myrtle 3 6' ht. container grown, tree form, 4' spread, 3' branching ht.SHRUBS/GROUNDCOVERAJTrachelospermum asiaticumAsian Jasmine 150 4" pots container (3) 12" runners min., 12" o.c. DWMMyrica pusillaDwarf Wax Myrtle 20 5 gal. container full, 24" spread, 30" o.c.GMMuhlenbergia capillarisGulf Muhly 127 5 gal. container full, 24" o.c.KORosa hybrida 'Radtko'Double Knock Out Rose 65 5 gal. container full, 20" spread, 24" o.c. LIRLiriope muscari 'Big Blue'Liriope 'Big Blue' 205 4" pots container full, top of container, 12" o.c. LORLoropetalum chinese 'Plum Delight' Loropetalum 'Plum Delight' 18 5 gal. container full, 20" spread, 24" o.c. MFGNassella tenuissima Mexican Feathergrass 105 1 gal. container full, 18" o.c.NRSIlex spp. 'Nellie R. Stevens' Nellie R. Stevens Holly 169 10 gal. container full to base, 42" ht., 48" o.c.SYYucca recurvifoliaSoftleaf Yucca115 gal.container full, 36" o.c.TSLeucophyllum frutescens 'Green Cloud'Texas Sage 'Green Cloud' 101 5 gal. container full, 24" spread, 30" o.c. Cynodon dactylon Common Bermudagrass refer to notes NOTE: ALL TREES SHALL HAVE STRAIGHT TRUNKS AND BE MATCHING WITHIN VARIETIES. PLANT LIST IS AN AID TO BIDDERS ONLY. CONTRACTOR SHALL VERIFY ALL QUANTITIES ON PLAN. ALL HEIGHTS AND SPREADS ARE MINIMUMS. ALL PLANT MATERIAL SHALL MEET OR EXCEED REMARKS AS INDICATED.PERIMETER TREES38 trees 23 trees 38 trees +15 treesPERIMETER TREES IN R.O.W.----- 7 trees 7 trees -----PERIMETER LANDSCAPE19,895 s.f. 13,469 15,907 s.f. +2,438 s.f.PERIMETER LANDSCAPE IN R.O.W.----- 8,306 s.f. 8,306 s.f. -----INTERIOR TREES19 trees 6 trees 24 trees +18 treesINTERIOR LANDSCAPE7,348 s.f. 1,406 s.f. 3,697 s.f. +2,291. s.f.INTERIOR LANDSCAPE ISLANDS9 islands 3 islands 10 islands +7 islandsOPEN SPACE TREES6 trees 0 trees 6 trees +6 treesOPEN SPACE LANDSCAPE14,608 s.f. 0 s.f. 7,517 s.f. +7,517 s.f.TOTAL LANDSCAPE AREA27,121 s.f.TOTAL LANDSCAPE AREA IN R.O.W.8,306 s.f.TOTAL EXISTING TREES11TOTAL NEW LARGE TREES ADDED47TOTAL NEW ORNAMENTAL TREES ADDED17TOTAL TREES IN R.O.W.7TOTAL NEW SHRUBS ADDED511TOTAL NEW GROUNDCOVER PLANTS ADDED460PREVIOUS SUBMITTAL CURRENT SUBMITTAL DELTAPROPOSED LANDSCAPE TABLEREQUIRED
214.749.0333 fax214.206.312811.09.10 5. Owner and / or Landscape Architect shall inspect all plant material with requirements for genus, species, cultivar / varietysize and quality. 6. Owner and / or Landscape Architect retains the right to further inspect all plant material upon arrival to the site and during installation for size and condition of root balls and rootsystems, limbs, branching habit, insects, injuries and latentdefects. 7. Owner and / or Landscape Architect may reject unsatisfactoryor defective material at any time during the process work. Remove rejected materials immediately from the site and replacewith acceptable material at no additional cost to the Owner.Plants damaged in transit or at job site shall be rejected.1.8 PRODUCT DELIVERY, STORAGE AND HANDLING A. Preparation: 1. Balled and Burlapped (B&B) Plants: Dig and prepare shipment in a manner that will not damage roots, branches, shape and future development. 2. Container Grown Plants: Deliver plants in rigid container to hold ball shape and protect root mass. B. Delivery: 1. Deliver packaged materials in sealed containers showing weight, analysis and name of manufacturer. Protect materialsfrom deterioration during delivery and while stored on site. 2. Deliver only plant materials that can be planted in one dayunless adequate storage and watering facilities are available onjob site. 3. Protect root balls by heeling in with sawdust or other approved moisture retaining material if not planted within 24 hours of delivery. 4. Protect plants during delivery to prevent damage to root ballsor desiccation of leaves. Keep plants moist at all times. Coverall materials during transport. 5. Notify Landscape Architect of delivery schedule 72 hours in advance job site. 6. Remove rejected plant material immediately from job site. 7. To avoid damage or stress, do not lift, move, adjust to plumb,or otherwise manipulate plants by trunk or stems.PART 2 - PRODUCTS2.1 PLANTS A. General: Well-formed No. 1 grade or better nursery grown stock. Listed plant heights are from tops of root balls to nominal tops of plants. Plant spread refers to nominal outer width of the plant, not to the outer leaf tips. Plants will be individually approved by the Landscape Architect and his decision as to their acceptability shall be final. B. Quantities: The drawings and specifications are complimentary. Anything called for on one and not the other is as binding as if shown and called for on both. The plant schedule is an aid to bidders only. Confirm all quantities on plan. C. Quality and size: Plant materials shall conform to the size given on the plan, and shall be healthy, symmetrical, well-shaped, full branched and well rooted. The plants shall be free from injurious insects, diseases, injuries to the bark or roots, broken branches, objectionable disfigurements, insect eggs and larvae, and are to be of specimen quality. D. Approval: All plant materials shall be subject to approval by the Owner. All plants which are found unsuitable in growth, or are in any unhealthy, badly shaped or undersized condition will be rejected by the Landscape Architect either before or after planting and shall be removed at the expense of the Landscape Contractor and replaced with acceptable plants as specified at no additional cost to the Owner. E. Trees shall be healthy, full-branched, well-shaped and shall meet the trunk diameter and height requirements of the plant schedule. Balls shall be firm, neat, slightly tapered and well wrapped in burlap. Any tree loose in the ball or with a broken root ball at time of planting will be rejected. Balls shall be ten (10") inches in diameter for each one (1") inch of trunk diameter, measured six (6") inched above ball. (Nomenclature conforms to the customary nursery usage: for clarification, the term "multi-trunk" defines a plant having three (3) or more trunks of nearly equal diameter.) F. Pruning: All pruning of trees and shrubs, as directed by the Landscape Architect prior to final acceptance, shall be executed by the Landscape Contractor at no additional cost to the Owner.2.2 SOIL PREPARATION MATERIALS A. Sandy Loam: 1. Friable, fertile, dark, loamy soil, free of clay lumps, subsoil,stones and other extraneous material and reasonably free ofweeds and foreign grasses. Loam containing Dallasgrass orNutgrass shall be rejected.2. Physical properties as follows: Clay – between 7-27 percent Silt – between 15-25 percent Sand – less than 52 percent3. Organic matter shall be 3%-10% of total dry weight. 4. If requested, Landscape Contractor shall provide a certified soil analysis conducted by an approved soil testing laboratoryverifying that sandy loam meets the above requirements. B. Organic Material: Compost with a mixture of 80% vegetative matter and 20% animal waste. Ingredients should be a mix of course and fine textured material. C. Premixed Bedding Soil as supplied by Vital Earth Resources, Gladewater, Texas; Professional Bedding Soil as supplied by Living Earth Technology, Dallas, Texas or Acid Gro Municipal Mix as supplied by Soil Building Systems, Dallas, Texas or approved equal. D. Sharp Sand: Sharp sand must be free of seeds, soil particles and weeds. E. Mulch: Double Shredded Hardwood Mulch, partially decomposed, dark brown . Living Earth Technologies or approved equal. F. Organic Fertilizer: Fertilaid, Sustane, or Green Sense or equal as recommended for required applications. Fertilizer shall be delivered to the site in original unopened containers, each bearing the manufacturer's guaranteed statement of analysis. G. Commercial Fertilizer: 10-20-10 or similar analysis. Nitrogen source to be a minimum 50% slow release organic Nitrogen (SCU or UF) with a minimum 8% sulfur and 4% iron, plus micronutrients. H. Peat: Commercial sphagnum peat moss or partially decomposedshredded pine bark or other approved organic material.2.3 MISCELLANEOUS MATERIALS A. Steel Edging: Shall be Ryerson "Estate Curbing", 1/8" x 4" with stakes 4' on center. B. Staking Material for Shade Trees: refer to details. C. Gravel: Washed native pea gravel, graded 1 inch to 1-1/2 inch. D. Filter Fabric: 'Mirafi Mirascape' by Mirafi Construction Products available at Lone Star Products, Inc., (469) 523-0444 or approved equal. E. River Rock: 'Colorado' or native river rock, 2" - 4" dia. F. Decomposed Granite: Base material shall consist of a natural material mix of granite aggregate not to exceed 1/8" diameter in sizeand shall be composed of various stages of decomposed earth base.PART 3 - EXECUTION3.1 BED PREPARATION & FERTILIZATION A. Landscape Contractor to inspect all existing conditions and report any deficiencies to the Owner. B. All planting areas shall be conditioned as follows: 1. Prepare new planting beds by scraping away existing grass and weeds as necessary. Till existing soil to a depth of six (6") inches prior to placing compost and fertilizer. Apply fertilizer as per Manufacturer's recommendations. Add six (6") inches of compost and till into a depth of six (6") inches of the topsoil. Apply organic fertilizer such as Sustane or Green Sense at the rate of twenty (20) pounds per one thousand (1,000) square feet. 2. All planting areas shall receive a two (2") inch layer of specified mulch. 3. Backfill for tree pits shall be as follows: Use existing top soil on site (use imported topsoil as needed) free from large clumps, rocks, debris, caliche, subsoils, etc., placed in nine (9") inch layers and watered in thoroughly. C. Grass Areas: 1. Blocks of sod should be laid joint to joint (staggered joints)after fertilizing the ground first. Roll grass areas to achieve asmooth, even surface. The joints between the blocks of sodshould be filled with topsoil where they are evidently gaped open, then watered thoroughly.3.2 INSTALLATION A. Maintenance of plant materials shall begin immediately after each plant is delivered to the site and shall continue until all construction has been satisfactorily accomplished. B. Plant materials shall be delivered to the site only after the beds are prepared and areas are ready for planting. All shipments of nursery materials shall be thoroughly protected from the drying winds during transit. All plants which cannot be planted at once, after delivery to the site, shall be well protected against the possibility of drying by wind and sun. Balls of earth of B & B plants shall be kept covered with soil or other acceptable material. All plants remain the property of the Contractor until final acceptance. C. Position the trees and shrubs in their intended location as per plan. D. Notify the OWNER'S AUTHORIZED REPRESENTATIVE for inspection and approval of all positioning of plant materials. E. Excavate pits with vertical sides and horizontal bottom. Tree pits shall be large enough to permit handling and planting without injury to balls of earth or roots and shall be of such depth that,when planted and settled, the crown of the plant shall bear the same relationship to the finish grade as it did to soil surface in original place of growth. F. Shrub and tree pits shall be no less than twenty-four (24") inches wider than the lateral dimension of the earth ball and six (6") inches deeper than it's vertical dimension. Remove and haul from site all rocks and stones over three-quarter (34") inch in diameter. Plants should be thoroughly moist before removing containers. G. Dig a wide, rough sided hole exactly the same depth as the height of the ball, especially at the surface of the ground. The sides of the hole should be rough and jagged, never slick or glazed. H. Percolation Test: Fill the hole with water. If the water level does not percolate within 24 hours, the tree needs to move to another location or have drainage added. Install a PVC stand pipe per tree planting detail as approved by the Landscape Architect if the percolation test fails. I. Backfill only with 5 parts existing soil or sandy loam and 1 part bed preparation. When the hole is dug in solid rock, topsoil from the same area should not be used. Carefully settle by watering to prevent air pockets. Remove the burlap from the top 13 of the ball, as well as all nylon, plastic string and wire mesh. Container trees will usually be root bound, if so follow standard nursery practice of ‘root scoring’. J. Do not wrap trees. K. Do not over prune. L. Mulch the top of the ball. Do not plant grass all the way to the trunk of the tree. Leave the area above the top of the ball and mulch with at least two (2") inches of specified mulch. M. All plant beds and trees to be mulched with a minimum settled thickness of two (2") inches over the entire bed or pit. N. Obstruction below ground: In the event that rock, or underground construction work or obstructions are encountered in any plant pit excavation work to be done under this section, alternate locations may be selected by the Owner. Where locations cannot be changed, the obstructions shall be removed to a depth of not less than three (3') feet below grade and no less than six (6") inches below the bottom of ball when plant is properly set at the required grade. The work of this section shall include the removal from the site of such rock or underground obstructions encountered at the cost of the Landscape Contractor. O. Trees and large shrubs shall be staked as site conditions require. Position stakes to secure trees against seasonal prevailing winds. P. Pruning and Mulching: Pruning shall be directed by the Landscape Architect and shall be pruned in accordance with standard horticultural practice following Fine Pruning, Class I pruning standards provided by the National Arborist Association. 1. Dead wood, suckers, broken and badly bruised branches shall be removed. General tipping of the branches is not permitted. Do not cut terminal branches. 2. Pruning shall be done with clean, sharp tools. 3. Immediately after planting operations are completed, all tree pits shall be covered with a layer of organic material two (2") inches in depth. This limit of the organic material for trees shall be the diameter of the plant pit. Q. Steel Curbing Installation: 1. Curbing shall be aligned as indicated on plans. Stake out limits of steel curbing and obtain Owners approval prior to installation 2. All steel curbing shall be free of kinks and abrupt bends. 3. Top of curbing shall be 12" maximum height above final finished grade. 4. Stakes are to be installed on the planting bed side of the curbing, as opposed to the grass side. 5. Do not install steel edging along sidewalks or curbs. 6. Cut steel edging at 45 degree angle where edging meets sidewalks or curbs.3.3 CLEANUP AND ACCEPTANCE Cleanup: During the work, the premises shall be kept neat and orderly at all times. Storage areas for all materials shall be so organized so that they, too, are neat and orderly. All trash and debris shall be removed from the site as work progresses. Keep paved areas clean by sweeping or hosing them at end of each work day.END OF SECTIONSECTION 02900 - LANDSCAPEPART 1 - GENERAL1.1 REFERENCED DOCUMENTS Refer to Landscape Plans, notes, details, bidding requirements, special provisions, and schedules for additional requirements.1.2 DESCRIPTION OF WORK Work included: Furnish all supervision, labor, materials, services, equipment and appliances required to complete the work covered in conjunction with the landscaping covered in these specifications and landscaping plans, including: 1. Planting (trees, shrubs and grasses) 2. Bed preparation and fertilization 3. Notification of sources 4. Water and maintenance until final acceptance 5. Guarantee1.3 REFERENCE STANDARDS A. American Standard for Nursery Stock published by American Association of Nurserymen: 27 October 1980, Edition; by American National Standards Institute, Inc. (Z60.1) – plant material B. American Joint Committee on Horticultural Nomenclature: 1942 Edition of Standardized Plant Names. C. Texas Association of Nurserymen, Grades and Standards D. Hortis Third, 1976 - Cornell University1.4 NOTIFICATION OF SOURCES AND SUBMITTALS A. Samples: Provide representative quantities of sandy loam soil, mulch, bed mix material, gravel and crushed stone. Samples shall be approved by Landscape Architect before use on the project.1.5 JOB CONDITIONS A. General Contractor to complete the following punch list: Prior to Landscape Contractor initiating any portion of landscape installation, General Contractor shall leave planting bed areas three (3") inches below final finish grade of sidewalks, drives and curbs as shown on the drawings. All lawn areas to receive solid sod shall be left one (1") inch below the final finish grade of sidewalks, drives and curbs. All construction debris shall be removed prior to Landscape Contractor beginning any work. B. Storage of materials and equipment at the job site will be at the risk of the Landscape Contractor. The Owner cannot be held responsible for theft or damage.1.6 MAINTENANCE AND GUARANTEE A. Maintenance: 1. The Landscape Contractor shall be held responsible for the maintenance of all work from the time of planting until final acceptance by the Owner. No trees, shrubs, groundcover or grass will be accepted unless they show healthy growth and satisfactory foliage conditions. 2. Maintenance shall include watering of trees and plants, cultivation, weeding spraying, edging, pruning of trees, mowing of grass, cleaning up and all other work necessary of maintenance. 3. A written notice requesting final inspection and acceptance should be submitted to the Owner at least seven (7) days prior to completion. An on-site inspection by the Owner and Landscape Contractor will be completed prior to written acceptance. B. Guarantee: 1. Trees, shrubs and groundcover shall be guaranteed for atwelve (12) month period after final acceptance. The Contractor shall replace all dead materials as soon as weatherpermits and upon notification of the Owner. Plants, includingtrees, which have partially died so that shape, size, or symmetry has been damaged, shall be considered subject toreplacement. In such cases, the opinion of the Owner shallbe final. a. Plants used for replacement shall be of the same size and kind as those originally planted and shall be planted as originally specified. All work, including materials, labor and equipment used in replacements, shall carry a twelve (12) month guarantee. Any damage, including ruts in lawn or bed areas, incurred as a result of making replacements shall be immediately repaired. b. At the direction of the Owner, plants may be replaced at the start of the next year's planting season. In such cases, dead plants shall be removed from the premises immediately. c. When plant replacements are made, plants, soil mix, fertilizer and mulch are to be utilized as originally specified and re-inspected for full compliance with the contract requirements. All replacements are to be included under "Work" of this section. 2. The Owner agrees that for the guarantee to be effective, he will water plants at least twice a week during dry periods and cultivate beds once a month after final acceptance. 3. The above guarantee shall not apply where plants die after acceptance because of injury from storms, hail, freeze, insects, diseases, injury by humans, machines or theft. 4. Acceptance for all landscape work shall be given after final inspection by the Owner provided the job is in a complete, undamaged condition and there is a stand of grass in all lawn areas. At that time, the Owner will assume maintenance on the accepted work. C. Repairs: Any necessary repairs under the Guarantee must be made within ten (10) days after receiving notice, weather permitting.In the event the Landscape Contractor does not make repairs accordingly, the Owner, without further notice to Contractor, mayprovide materials and men to make such repairs at the expense tothe Landscape Contractor.1.7 QUALITY ASSURANCE A. General: Comply with applicable federal, state, county and localregulations governing landscape materials and work B. Personnel: Employ only experienced personnel who are familiarwith the required work. Provide full time supervision by a qualifiedforeman acceptable to Landscape Architect. C. Selection of Plant Material: 1. Make contact with suppliers immediately upon obtaining notice of contract acceptance to select and book materials. Develop a program of maintenance (pruning and fertilization) which will ensure the purchased materials will meet and / or exceed project specifications. 2. Substitutions: Do not make plant material substitutions. If the specified landscape material is not obtainable, submit proof of non-availability to Landscape Architect, together withproposal for use of equivalent material. At the time bids aresubmitted, the Contractor is assumed to have located the materials necessary to complete the job as specified. 3. Landscape Architect will provide a key identifying each treelocation on site. Written verification will be required to document material selection, source and delivery schedules to site. 4. Measurements: Measure trees with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements six inches above ground for trees up to and including 4" caliper size, and twelveinches above ground for larger sizes. Measure main body of allplant material of height and spread dimensions, do not measurefrom branch or root tip-to-tip.TREE PLANTING DETAIL LEGENDA. TREE: TREES SHALL CONFORM WITHLATEST AMERICAN STANDARD FORNURSERY STOCK. www.anla.orgB. TREE PIT: WIDTH TO BE AT LEAST TWO(2) TIMES THE DIAMETER OF THE ROOTBALL CENTER TREE IN HOLE & RESTROOT BALL ON UNDISTURBED NATIVESOIL.C. ROOT BALL: REMOVE TOP 13 BURLAPAND ANY OTHER FOREIGN OBJECT;CONTAINER GROWN STOCK TO BEINSPECTED FOR GIRDLING ROOTS.**D. ROOT FLARE: ENSURE THAT ROOTFLARE IS EXPOSED**, FREE FROMMULCH, AND AT LEAST TWO INCHESABOVE GRADE.E. BACKFILL: USE EXISTING NATIVE SOIL(no amendments) WATER THOROUGHLYTO ELIMINATE AIR POCKETS.F. FUNGI: APPLY DIVERSE ARRAYMYCORRHIZAE ENDO/ECTOINOCULANT;** APPLICATION RATE PERMANUFACTURERS SPECIFICATIONS.G. MULCH: DOUBLE SHREDDEDHARDWOOD MULCH 2 INCH DEPTH W/2" HT. WATERING RING; ENSURE THATROOT FLARE IS EXPOSED.H. VERTICAL STAKES: 2in. by 2in.UNTREATED #1 LUMBER LENGTH OFVERTICAL STAKES TO EXTEND 1 12TIMES THE HEIGHT OF ROOT BALL.**I. LATERAL SUPPORT: 2in. by 2in.UNTREATED #1 LUMBER.LENGTH OF LATERAL SUPPORTS TO BE1 12 TIMES DIAMETER OF ROOT BALL.J. FASTENERS: 2-12in. COARSE THREADUNFINISHED DRYWALL SCREWS,(2) each PER VERTICAL STAKE;(8) TOTAL. NOTE: PRE-DRILL HOLES INLATERALS & VERTICALS.TREE PLANTING NOTES1. GIRDLING ROOTS & ROOT FLARE: TREESSHALL BE REJECTED WHEN GIRDLINGROOTS ARE PRESENT & ROOT FLARE ISNOT APPARENT.2. FUNGI INOCULANT: CONTRACTOR TOUSE MycoApply Endo/Ecto OR EQUALPRODUCT.(1.866.476.7800) www.mycoapply.com3. INSTALL VERTICAL STAKES FIRST; THENPRE-DRILL & INSTALL LATERALSUPPORTS.4. WHEN CONDITIONS EXIST WHICHPREVENT VERTICAL STAKES FROMEXTENDING 1 12 TIMES INTO PARENTMATERIAL (ie. rock), THE CONTRACTORSHALL INSTALL STAKES AS DEEP ASPOSSIBLE.5. LATERAL SUPPORTS SHALL BEORIENTED AS SHOWN IN PLAN VIEW.(shown left)6. QUESTIONS ABOUT INSTALLATION ORFABRICATION OF BELOW-GROUNDSTAKING SHALL BE DIRECTED TOLANDSCAPE ARCHITECT.7. ALSO REFERENCE SPECIFICATIONSSECTION 02900.A.I.C.B.G.E.F.PLAN VIEWJ.H.I.H.D.YX01TREE PLANTING DETAIL02SHRUB / GROUNDCOVER DETAIL
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 14, 2010
20
✔
PUBLIC HEARING
Consider approval of Case No. PD-237R2-HC, Lesley Retail, a zoning change request from A (Agriculture) to
PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel,
office and retail development on 28.14 acres of land located at the northeast corner of Hackberry Drive and South
Belt Line Road, at the request of Sam Ramsey, Lesley Properties, Ltd.
See attached letter from Todd Jones dated November 19, 2010, appealing the Planning Commission's
recommendation for denial to Council.
A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S RECOMMENDATION
FOR DENIAL OF THIS ZONING CHANGE.
On November 18, 2010, the Planning Commission unanimously
recommended denial of this ZONING CHANGE (6-0). Commissioners
Rios-Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted
in favor, none opposed.
Staff recommends DENIAL.
@03 PD-237R2-HC, LR-1 AR
ITEM # 6
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-237R2-HC, Lesley Retail
P&Z HEARING DATE: November 18, 2010
C.C. HEARING DATE: December 14, 2010
STAFF REP.: Matt Steer, City Planner
LOCATION: NEC of Hackberry Drive and South Belt Line Road
SIZE OF AREA: 28.14 acres of property
CURRENT ZONING: A (Agriculture)
REQUEST: A zoning change to PD-237R2-HC (Planned Development-237
Revision 2-Highway Commercial), to attach a Concept Site
Plan for hotel, office and retail development.
APPLICANT: Owner: Architect:
Lone Star Realty Advisors O’Brien & Associates, Inc.
Todd Jones Richard Nordyke
5605 N. MacArthur, 10th floor 5310 Harvest Hill Rd, Ste. 136
Irving, TX 75038 Dallas, TX 75230
Phone: (972) 819-3965 Phone: (972) 788-1010
Fax: (972) 819-3644 Fax: (972) 788-4828
HISTORY: On October 14, 2008, a Preliminary Plat was approved for
28.14 acres of property (including the right-of-way for Dividend
Drive) 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 and filed for
record in April 2009. A new Preliminary Plat, Final Plat and
appropriate zoning will be required prior to any development of
the 28.14 acres (excluding East Dividend Drive) along the east
side of S Belt Line Road. In June 2010, the Planning & Zoning
ITEM # 6
Page 2 of 5
Commission denied (5-1) a QuikTrip convenience store/gas
station on a portion of this site.
TRANSPORTATION: South Belt Line Road is a P6D, major thoroughfare built to
standard in a l20-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – vacant; City of Dallas
South – vacant; City of Irving
East – vacant; City of Dallas
West – vacant, office and vacant; PD-222-LI (Planned Development-222-Light
Industrial), PD-221R-HC (Planned Development-221-Revised-Highway
Commercial), and PD-221R3-HC (Planned Development-221-Revision
3-Highway Commercial)
COMPREHENSIVE PLAN:
The Comprehensive Plan of May 1996, as amended, shows the
property as suitable for freeway office uses.
DISCUSSION: At the June 2010 Planning and Zoning Commission, during the
discussion related to the QuikTrip proposal, questions were
raised by the Commission as to how the 28 acres could
conceptually be developed at this highly trafficked, major entry
into the city and how the city would be branded to the motorist
at this first impression point. The tone being set without an
overall plan could potentially lead to gas station related uses
(car washes, oil change facilities, auto parts stores, etc…), and
the Commission wanted some assurance that the proposed
uses are acceptable at the entry. Therefore, the applicant hired
an architect and drafted this proposal for your review.
The purpose of a conceptual planned development is to
establish land use, access, circulation patterns, architectural
compatibility and uniformity throughout a project. This proposal
establishes these items and also flushes out other issues
associated with lot design.
Land Use:
There is a mix of uses proposed, ranging from office, retail, and
restaurant uses to a gas station and hotel use. There are a
total of ten small scale office buildings averaging 5,500 square
feet on Lots 6 and 7. There is a large one-story office (51,000
square feet) and a two-story retail/office building (27,700
square feet) proposed on Lots 1 and 10, respectively. A six-
story, 131-room hotel is depicted with an 11,700 square-foot
ITEM # 6
Page 3 of 5
footprint on Lot 4. There are four retail/restaurant buildings
proposed directly abutting South Belt Line Road that range in
size from 9,800 square feet to 11,200 square feet on Lots 3 and
5, respectively.
Access/Circulation Patterns:
South of Dividend, circulation and accessibility for the site are
good. The applicant is proposing a shared drive to run south
from Dividend Drive to the 51,000 square foot one-story office
site serving as access to Lots 4, 6 and 7. There are two
east/west shared drives providing Lots 1 – 6 direct access to
South Belt Line Road. The circulation patterns between lots 9,
10 and 11 north of Dividend Drive are acceptable. Lot 9 is the
only one of the three having direct access to South Belt Line
Road. Lot 11 would use this same point of ingress/egress.
The majority of the access from Lot 10 would be via East
Dividend Drive. Staff is recommending that the common drives
be labeled as future mutual access easements.
Signage/Architectural Compatibility:
Within the requested planned development, a proposal for
single and multitenant signs have been included. There are a
total of seven brick/stone monuments proposed along South
Belt Line Road. There are several technical issues associated
with the monument signs:
1. The sizes are too big. They should be reduced to 40
square feet (4’ x 10’) on lots less than two acres and 60
square feet (6’ x 10’) on lots larger than two acres;
2. The location shall be no closer than 75 feet between
internal property lines; and
3. QT has included a monument sign on the detail planned
development submittal that does not match this
proposal. The purpose of including these on the
elevation sheet is to ensure uniformity throughout the
entire site.
Staff’s recommendation would be to use these as a template,
once the size has been revised.
The typical building elevations for the retail and office uses
have been submitted to give an idea of material type and style
proposed and a note has been included on the site plan
indicating that the proposed site shall be architecturally
compatible with materials as well as style. The materials from
these elevations do not match that of the detailed planned
development of QT. The applicant needs to resolve this issue if
approved.
ITEM # 6
Page 4 of 5
PD Conditions and Site Planning Issues:
Both staff and the applicant agree that the individual sites can
be better laid out, but understand that this is a conceptual plan
only, and staff will have the ability to make recommendations in
the lot layout and design when an end user and detailed
Planned Developments are proposed. The applicant has
included notes at the bottom right of the plan that state:
1. The development will comply with City of Coppell
landscaping regulations;
2. A property owners association will be formed for the
maintenance of shared drives and utilities; and,
3. The proposed site will be architecturally compatible with
materials as well as style.
The Planned Development conditions are outlined specific for
each lot at the top left corner of the plan. Several lots are
located without public road frontage which will require an
exception to the Subdivision Ordinance and this is listed as a
PD Condition. There is greater than the allotted 50% of
required parking located in the front of some of the buildings
which is a violation of the HC District base zoning being
requested and this should also be listed as a PD Condition on
Lots 5, 9 and 11.
The applicant is requesting an exception to the landscape area
requirements for both Lots 10 and 11. Regarding Lot 10, staff
feels that the granting of a variance for the landscaping is
unwarranted and the applicant can simply reduce the proposed
building size and contribute the gained area toward
landscaping. Because this is only a Concept Plan, these
suggested alterations should be easily accommodated by the
applicant. On Lot 11, it is obvious the proposed landscape
area is substantially deficient; therefore, staff did a rough
analysis to determine if this is a reasonable request. Lot 11 is
approximately 21,950 square feet in size with a proposed
1,800-square-foot restaurant. The total landscaping required is
8,500 square feet (approximately 5,100 square feet perimeter,
3,000 square feet nonvehicular, and approximately 400 square
feet interior). The proposed landscaping for this lot is as
shown, roughly calculated to be 5,860 square feet, a 31%
reduction. Even if the building were deleted and converted to
landscaping the site would still be deficient in landscape area.
Since the initial submittal, staff warned the developer that this
lot could potentially be left undevelopable and we can not
recommend granting approval of this self-imposed hardship.
The applicant wishes that this plan be ultimately denied at the
ITEM # 6
Page 5 of 5
City Council if case PD-237R3-HC (Planned Development –
237 Revision 3 – Highway Commercial) is denied.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of the proposed conceptual plan due to the inclusion of
a gas station/convenience store use component, the inconsistencies in the PD plan,
and the unresolved issues associated with Lot 11.
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. Conceptual Plan
2. Elevations & Monument Sign Details
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
December 14, 2010
21
✔
PUBLIC HEARING
Consider approval of Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2-HC (Planned
Development-237 Revision 2-Highway Commercial) to PD-237R3-HC (Planned Development-237 Revision 3-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, at the request of QuikTrip, being represented by J.D. Dudley.
See attached letter from JD Dudley dated November 22, 2010, appealing the Planning Commission's
recommendation for denial to Council.
A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S RECOMMENDATION
FOR DENIAL OF THIS ZONING CHANGE.
On November 18, 2010, the Planning Commission recommended
denial of this ZONING CHANGE (4-2). Commissioners Haas, Frnka,
Duncan and Kittrell voted in favor, Commissioners Rios-Tankersley and
Sangerhausen opposed.
Staff recommends DENIAL.
@04 PD-237R3-HC, QT-1 AR
ITEM # 7
Page 1 of 7
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-237R3-HC. QuikTrip
P&Z HEARING DATE: November 18, 2010
C.C. HEARING DATE: December 14, 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); PD-237R2-HC (Planned Development-237
Revision 2-Highway Commercial) if Conceptual Planned
Development is approved for the lager tract
REQUEST: A zoning change to PD-237R3-HC (Planned Development-237
Revision 3-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 # 7
Page 2 of 7
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 (including the right-of-way for Dividend
Drive) 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 and filed for
record in April 2009. A new Preliminary Plat, Final Plat and
appropriate zoning will be required prior to any development of
the 28.14 acres (excluding East Dividend Drive) along the east
side of S Belt Line Road. In June 2010, the Planning & Zoning
Commission denied (5-1) a QuikTrip convenience store/gas
station at this location.
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 of May 1996,
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 28.14 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-
ITEM # 7
Page 3 of 7
square-foot canopy with eight gas pump islands (16 total pumps) are
proposed. The stated hours of operation are 24 hours a day, seven
days a week.
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).
This property is part of a larger tract of 28.14 acres which is currently
proposed to be rezoned to a Conceptual Planned Development with
the base zoning Highway Commercial. Typically, a special use permit
would be required for a gas station or convenience store use, but
because the applicant is requesting numerous exceptions to the
Zoning Ordinance, they decided to request the variances and approval
of the land use within a Detailed 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 compliments this vision. A similar
proposal was denied in 2008 for a RaceTrac gas station/c-store
proposal just 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. QuikTrip originally submitted a
proposal in December 2008. They 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 would not be supported even if all
ITEM # 7
Page 4 of 7
site plan and building articulation requirements were met. Later, the
applicant enlarged the property to meet the area requirements of the
Landscape Section of the Zoning Ordinance and submitted a proposal
that was denied (5-1) by the Commission in June 2010. After the
denial, the applicant again met several times with City Staff to
determine whether or not to pursue an appeal to the City Council. It
was eventually decided by the applicant not to appeal that request to
Council and to bring a new request (current application) back through
the entire process concurrent with the Conceptual Plan. The applicant
has requested that City Council approval of the Conceptual Plan be
contingent upon Council approval of this detail plan.
During the last submittal, a point of contention for staff was that the
detailed planned development for the gas station was submitted
without a conceptual plan. The conceptual plan has been submitted
and establishes accessibility, circulation patterns, utilities, signage and
architectural compatibility for the entire tract. This plan also flushed
out one issue staff anticipated - the northern tract is essentially
undevelopable within the development parameters of today. Further
issues associated with the Conceptual Plan are outlined in the
respective staff report.
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.
Staff’s rationale for the reorientation 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 this major entry into Coppell. QuikTrip has
offered little change to the initial building configuration, but to their
credit, they have made substantial modifications to the landscape plan
and a couple of material “upgrades” to the elevations from the initial
submittal.
Staff has reviewed the QT 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. 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.
Parking:
ITEM # 7
Page 5 of 7
Within the proposed Highway Commercial base zoning, 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 three-foot hedge on a three-foot
berm (six feet total) be used to screen the parking lot and gas pumps
from Belt Line. The applicant has added a one-foot bermed Needle
Point Holly hedge (four feet total), but staff is continuing to
recommend a three-foot berm, as the use is undesirable at this
location and should be sufficiently screened, if permitted.
Landscaping:
The required landscape areas have been provided. 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 South 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 what was envisioned for this important gateway.
Staff requested that the landscape area be redistributed on site, as the
northern end is not where the landscaping is needed. It is most
needed on the southwest corner of the site at the intersection to better
buffer the undesirable use at the gateway to the community. Also,
staff requested a landscape island at the end of the gas canopy to
soften the appearance and break up the vast expanse of pavement.
Neither of these requests were adequately addressed.
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
ITEM # 7
Page 6 of 7
added stone columns and a mansard roof since the initial submittal.
There are two signs proposed – one on the front facade and a smaller
one on the rear entry. The signage was originally proposed on large
red plastic awnings which were not permitted for two reasons, color
and material. They have since removed the awnings from the
proposal. The building signage consists of white channel letters and
the front and rear elevation. The signage on the c-store shall conform
to the requirements of the Zoning Ordinance in terms of permissible
size (if approved).
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 applicant has removed the red striping from the last
proposal, but insists that the can sign is needed and will not remove it
from the proposal. Can signs and signs placed on the gas canopy are
strictly prohibited within the Sign Section of the Zoning Ordinance, and
the applicant has listed this as yet another PD condition.
A 60-square foot externally illuminated monument sign is proposed at
the corner of Dividend and S Belt Line Roads to be constructed of
brown brick and interchangeable price plates.
Summary:
The applicant is requesting the following PD Conditions:
1. Gas station and c-store land use.
2. Greater than 50% of the required parking is located in the front
yard.
3. Can sign located on the gas canopy.
Since the initial inquiry, the applicant has been informed over and over
that staff would not support this land use at this location. Within the
Comprehensive Plan of 1996, as amended, the future land use
planned 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.
If for some reason this land use is deemed acceptable, 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. Staff still 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
ITEM # 7
Page 7 of 7
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 request from the same applicant (QT) at the same location was
denied (5-1) in June 2010 (only minor modifications made to
signage, landscaping and elevations since last proposal);
4. A very similar gas station proposal (RaceTrac) was recently denied
across the street;
5. An expansive amount of paved area;
6. Proposed visual clutter including but not limited to nonconforming
signage, bright red pump colors and tops and a bright red metal
canopy on the front elevation; and finally
7. Uses related to gas station might follow if this is approved (i.e. car
parts stores, vehicle repair shops, car washes, etc…)
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.
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
Landscape Plan/Tree Survey
Elevations (4 pages)
Floor Plan (11” x 17”)
Monument Sign Exhibit (8 ½” x 11”)
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S. BELTLINE ROAD120' R.O.W.6
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DIVIDEND DRIVE
(BY OTHERS)
90' R.O.W.
DOC. NO. 20070240528
QuikTrip Store No. :969SOUTH BELTLINE ROAD & DIVIDEND ROADCOPPELL, TXSITE PLAN
20 10 0 20 40
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FREEWAYS. Belt Line RdSITE
North Lake
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LOCATION MAP
SCALE: NTS
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S. BELTLINE ROAD120' R.O.W.6
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21.21'
DIVIDEND DRIVE
(BY OTHERS)
90' R.O.W.
DOC. NO. 20070240528
QuikTrip Store No. :969SOUTH BELTLINE ROAD & DIVIDEND ROADCOPPELL, TXLANDSCAPE PLAN
AND TREE SURVEY
20 10 0 20 40
PHONE (972) 335-0889
FRISCO, TEXAS 75035
11914 WISHING WELL CT.
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 0969BEL00-08 - CAD.dwg, 8.5x11, 11/3/2010 9:29:30 AM, 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 0969BEL00-08.dwg, 8.5x11, 11/3/2010 9:29:51 AM, jkim
AirFree
Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX
Presentation Exhibit
DS10 Gas CanopyGas Canopy Elevations
K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Gas Canopy 0969GEL00-06 - CAD.dwg, 8.5x11, 11/2/2010 5:44:51 PM, jkim
Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX
Presentation Exhibit
DS8 Gas CanopyGas Canopy Elevations
K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Gas Canopy 0969GEL00-06.dwg, 8.5x11, 11/2/2010 5:41:57 PM, jkim
Monument Sign I CUSTOM2
RED 7
WHITE,\\ 4'- 8% BRONZESTONE
BRICK
12" NUMERAL
6" NUMERAL
(REMOVEBLE)
5" CAPITAL
LETTER
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Pan Formed Lexane Face 0.177 Thickness, Paint
to Match 3M 3632-53 Cardinal Red
QT Embossed From Red Face, Paint to Match
3M White Vinyl Substrate
Drop Shadow h" From Red Face, Paint to Match
3M Black Vinyl
Cabinet Paint to Match 3M 3632-53 Cardinal Red
Vinyl w/Gloss Finish
Pricer
Flat Solar Grade Lexane Face 0.177 Thickness,
Paint to Match 3M Black Vinyl
Manual Price Numerals Clear
Cabinet Paint Black
Green Paint to Match 3M 347 Green Vinyl
Loao and Pricer Cabinet
Aluminum Construction
Internally Illuminated
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27
Scale
1/4" = 1'-0"
Special Notes Approved Date
LOGO ALWAYS GOES
TOWARD STREET Serial Number:
A
AGENDA REQUEST FORM DATE: December 14, 2010
ITEM #: 22
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
AGENDA REQUEST FORM DATE: December 14, 2010
ITEM #: 23
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Leadership Coppell.
C. Report by Mayor Stover regarding the Holiday Food Drive.
D. Report by Mayor Stover regarding the Coppell Farmers Market.
E. Report by Mayor Stover regarding Garbage and Recycling Pick-Up
Schedules.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM DATE: December 14, 2010
ITEM #: 24
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
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: December 14, 2010
Department Submissions:
Item Nos. 13B and 13C 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. 13E and 13F were placed on the Agenda for the above-
referenced City Council meeting by the Human Resources Department. I
have reviewed the Agenda Requests (and any backup if applicable) and
hereby submit these items to the City Council for consideration.
____________________
Human Resources Department
Item Nos. 18, 19, 20 and 21 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
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: December 14, 2010
Department Submissions:
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)