CP 2011-04-12
NOTICE OF CITY COUNCIL MEETING AND AGENDA
APRIL 12, 2011
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)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:30 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, April 12, 2011, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, 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 purchase agreements with the
Billingsleys at Northlake.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects west of Belt Line Rd. and
north of Dividend.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Council Goals.
B. Discussion regarding Holiday Parade.
C. Discussion regarding Council Retreat.
D. Discussion regarding Municipal Elections.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 22, 2011.
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ITEM # ITEM DESCRIPTION
B. Consider approval of a Master Agreement covering Transportation
and Major Capital Improvement Projects between Dallas County
and the City of Coppell; and authorizing the Mayor to sign.
C. Consider approval of an Ordinance for Case No. PD-224R-HC,
Northlake College, a zoning change from PD-224-HC (Planned
Development 224-Highway Commercial) to PD-224R-HC (Planned
Development 224 Revised-Highway Commercial), to revise the
Concept Plan and attach a Detail Site Plan to permit a Valve Site
on 5,625 square feet of property of this 34.94 acre tract of land
located on the southeast side of S.H. 121, south of Sandy Lake Road
and authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. PD-237R3-HC,
QuikTrip, a zoning change 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 and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. S-1173R, AT&T
Mobility, a zoning change from S-1173 (Special Use Permit-1173) to
S-1173R (Special Use Permit Revised-1173), to allow the co-location
of antenna on the existing monopole and additional cabinets at
the base on 0.028 acres of property located at 1305 Wrangler Circle
and authorizing the Mayor to sign.
END OF CONSENT
9. Consider authorization of proceeding with a project to replace the Kid
Country Playground with another Leathers Playground unit, as requested
by the Coppell Park Board.
10. PUBLIC HEARING:
Consider approval of Case No. PD-250-H, Old Town Addition (Main Street),
a zoning change request from H (Historic) to PD-250-H (Planned
Development-250-Historic), to establish a Conceptual Site/Landscape
Plan for a mixed use development on 23.12 acres of property located
south of Bethel Road, north of Burns Road between Hammond and South
Coppell Roads, with no conditions.
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ITEM # ITEM DESCRIPTION
11. PUBLIC HEARING:
Consider approval of Case No. PD-238R-HC, Coppell Office Village, a
zoning change request from PD-238-HC (Planned Development-238-
Highway Commercial) to PD-238R-HC (Planned Development-238
Revised-Highway Commercial), to revise the Detail Site Plan to allow a 40-
square-foot internally illuminated acrylic monument sign with a stone base
on 2.02 acres of property located at 225 East S.H. 121.
12. Consider approval of an Ordinance for Case No. PD-249R-SF-7, Royal
Oaks, a zoning change from SF-12 and O (Single Family-12 and Office) to
PD-249R-SF-7 (Planned Development-249 Revised-Single Family-7), to allow
the construction of 22 single-family homes on 5.16 acres of property
located on the south side of Sandy Lake Road, between Heartz Road and
London Way and authorizing the Mayor to sign.
13. Consider approval of an Economic Development Agreement by and
between the City of Coppell and Jet Line Products Texas, L.L.C., and
authorizing the Mayor to sign.
14. Discussion regarding reducing Deforest Road to one lane eastbound from
MacArthur Blvd. to Allen Road for the duration of the construction project.
15. Discussion regarding restricting access through the Belt Line Road, Denton
Tap Road and Southwestern Blvd. intersection for the reconstruction of the
intersection with stamped concrete.
16. Consider approval of Contract Amendment Number 2 in the amount of
$73,200.00 to the Freese and Nichols, Inc. design contract for
improvements in the Old Town Coppell area; and authorizing the City
Manager to sign any necessary documents.
17. Consider approval of a Resolution approving the terms and conditions of
an Interlocal Agreement between the Town of Addison, The City of
Farmers Branch, The City of Carrollton, and The City of Coppell to form the
Metrocrest Cities Police Consortium; and authorizing the Mayor to sign.
18. City Manager's Report.
A. Project Update and Future Agendas.
19. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
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ITEM # ITEM DESCRIPTION
B. Report by Mayor Stover regarding the upcoming Special Event:
EGGstravaganza, April 23rd at Wagon Wheel Park beginning at
11am.
20. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
21. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 8th day of April, 2011, 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: April 12, 2011
ITEM #: ES-2
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. Economic Development Prospects west of Belt Line Rd. and north of Dividend.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: April 12, 2011
ITEM #: ES-3
WORK SESSION
A. Discussion regarding Council Goals.
B. Discussion regarding Holiday Parade.
C. Discussion regarding Council Retreat.
D. Discussion regarding Municipal Elections.
E. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 %wksessn
10-11 Council Goal Workplanby DateRevised 3/29/201112345678910111213141516171819202122232425262728293031ABCDEFGoal Priority Work Plan Element Responsibility Projected Date StatusSense of Community Policy Priority Master Calendar of Community Events: Development (provided by Chamber) CMO/Chamber Oct-10 CompleteSustainable City Government Policy Priority Hazardous Waste Disposal: Council Decision/Evaluation/Education/WM Presentation Parks Jan-11 CompleteSustainable City Government Policy Priority Legislative DirectionCMO Jan-11 CompleteSense of Community Policy Priority Voter Registration Program for 18 Year Olds: Development and Actions CMO Mar-11 CompleteSustainable City Government Policy Priority Comprehensive Sustainability : Definition, Evaluation of Facilities and Program CMO Mar-11Community Wellness Policy Priority Security Cameras at Parks and Facilities: Evaluate Needs/Costs/Direction/Policy IS Apr-11Sense of Community Policy Priority Municipal Elections: Evaluation, Location and Direction CMO Apr-11Special Place to Live Mgmt Priority Provide annual update to the Infrastructure Maintenance Plan Eng, Finance Apr-11 CompleteSustainable City Government Mgmt Priority Conduct annual review of outstanding & proposed debt Finance Apr-11 CompleteSustainable City Government Mgmt Priority 5-Year Financial Planning - Present update to City Council Finance Apr-11 CompleteCommunity Wellness Policy Priority City Emergency Response: Evaluation and Funding (Joint Dispatch/CAD) Police, Fire May-11Special Place to Live Policy Priority "Green City" Development Regulations: Evaluation of Impact and Policy Direction Fire, Planning May-11Sustainable City Government Policy Priority Creek Maintenance: City's Role, Direction and Funding Eng Jun-11Sustainable City Government Policy Priority "Green": Definition, Analysis of "Best Practices" and Applications to the City CMO Jun-11 CompleteSustainable City Government Policy Priority ¼ Cent Sales Tax for Crime and Infrastructure: Council Direction Fin, Eng, CMO Aug-11Sustainable City Government Policy Priority ¼ Cent Sales Tax for Crime and Infrastructure: Reauthorization Election Fin, Eng, CMO Aug-11Sense of Community Policy PriorityCity Government Training 101: Development and Evaluation of Incentives (for new residents)CMO Sep-11Community Wellness Policy Priority "Healthy Community" Recognition: National and State - Evaluate Parks Sep-11Special Place to Live Policy Priority DART/Cotton Belt Station: Location, Feasibility Study and Direction CMO, Planning Sep-11Special Place to Live Policy Priority Xeriscape Regulations, Guidelines & Bldg Codes - Evaluation, Planning and Funding Planning, Parks Sep-11Business Prosperity Policy Priority "Coppell Brand" and Marketing Strategy - Evaluation & Development CMO Comp PlanCommunity Wellness Policy Priority Old Coppell Projects - Grant & Funding options (beyond façade grant) CMO Comp PlanSpecial Place to Live Policy PriorityEconomic Incentives for Neighborhood Commercial Properties - Evaluation, Direction and FundingCMO Comp PlanBusiness Prosperity Policy Priority Targeted Businesses for Coppell - Definition & Guidelines CMO Comp PlanBusiness Prosperity Policy Priority Restaurant Recruitment Strategy CMO Comp PlanSpecial Place to Live Policy Priority Alternative Housing Model - Definition & Attracting Developers Planning Comp PlanSpecial Place to Live Policy Priority Comprehensive Plan for I-635/SH121 Frontage Planning Comp PlanSpecial Place to Live Mgmt Priority Housing Inventory: Assessment, Strategy & Actions Planning Comp PlanSpecial Place to Live Policy PriorityProvide City Council with information regarding residential redevelopment to assist in determining desirability of “McMansions” and/or “empty nester” housing alternativesCMO/Planning Comp PlanSpecial Place to Live Policy Priority Great Neighborhoods - Best Practice Evaluation and Recommendations Planning, Fire Comp PlanPage 1 of 3
10-11 Council Goal Workplanby DateRevised 3/29/20111ABCDEFGoal Priority Work Plan Element Responsibility Projected Date Status32333435363738394041424344454647484950515253Special Place to Live Policy Priority Redevelopment Policy (Residential/Commercial) - City Role and Toolkit Planning, Fire Comp PlanSpecial Place to Live Policy Priority Belt Line/Belt Line Revitalization Plan - Development Planning Comp PlanSustainable City Government Policy Priority Park User Fees: Evaluate/Direction Parks Jun 11/Aug 11Sense of Community Policy Priority Internship/Shadowing program All On Going EffortsBusiness Prosperity Mgmt Priority Commercial/Retail Redevelopment Developers - Contact & Marketing CMO On Going EffortsBusiness Prosperity Mgmt Priority Hot Spot Opportunities - Direction & City Actions CMO On Going EffortsBusiness Prosperity Mgmt Priority Continue to facilitate the development of the Leslie tract CMO, Planning On Going EffortsCommunity Wellness Mgmt Priority Mature Citizens - Survey, Needs Assessment and Direction Parks On Going EffortsSense of Community Policy PriorityImplement Coppell 2030 findings incorporating needed service delivery changes to meet changes in demand and expectationsCMO On Going EffortsSense of Community Mgmt PriorityEmploy Coppell 2030 recommendations regarding how to better communicate with an increasingly diverse populationCMO On Going EffortsSense of Community Mgmt Priority Public Information on Code Enforcement - Actions Fire On Going EffortsSense of Community Mgmt Priority Community Gardens - Refinements & Enhancements Parks On Going EffortsSense of Community Policy Priority Service Plan for Northlake Eng On Going EffortsSense of Community Mgmt PriorityCity staff will continue Citizen Emergency Response Teams (CERT) and RACES by providing continuing education opportunities for existing membersFire On Going EffortsSense of Community Mgmt PriorityCity staff will utilize HOA’s to educate the public and provide information regarding emergency incidents in the community and how neighborhoods can better prepare for emergenciesFire On Going EffortsSense of Community Mgmt PriorityCity staff will maintain information for the City’s website designed to assist citizens in making preparations to deal with an emergency or disasterFire On Going EffortsSense of Community Mgmt PriorityContinue, and expand where needed, public safety education classes offered through the Police and Fire Departments including Self-Defense for Women, CPR, First Aid, and othersFire, Police On Going EffortsSense of Community Mgmt PriorityEnhance library E-branch to increase flexibility for library patrons and streamlined operations for staffLibrary On Going EffortsSense of Community Mgmt PriorityContinue to develop and disseminate information to the community regarding the Connect-CTY system.CMO On Going EffortsSense of Community Mgmt PriorityTraffic Report - Activities of the Traffic and Patrol Units regarding citations, warnings, DWI/DUI arrests and education programs regarding traffic safety. QuarterlyPolice On Going EffortsSense of Community Mgmt PriorityCommunity Services Report - Activities of the Community Services Unit regarding educational programs, National Night Out, Women's Self Defense, Women's Self Defense for High School Seniors, Citizens Police Academy, Drug & Alcohol Education in CISD. QuarterlyPolice On Going EffortsSense of Community Mgmt PriorityOrganized Crime Unit Report - Activities of the Organized Crime Unit (OCU) regarding narcotic and alcohol violations in the Metroplex. QtrlyPolice On Going EffortsPage 2 of 3
10-11 Council Goal Workplanby DateRevised 3/29/20111ABCDEFGoal Priority Work Plan Element Responsibility Projected Date Status5455565758596061626364656667686970717273Sense of Community Mgmt Priority Monitor the progress of the Kolberg development CMO On Going EffortsSense of Community Mgmt PriorityWork with Old Town interest groups to develop a clear understanding of City role and perspective on future of Old CoppellPlanning On Going EffortsSense of Community Mgmt PriorityMaintain library programs including Volunteen, Summer Reading and Homework Center programsLibrary On Going EffortsSense of Community Mgmt PriorityDevelop methods to use various points of contact as a means to reach out to diverse populations, particularly the Library and the Aquatics & Recreation CenterParks/Library On Going EffortsSpecial Place to Live Mgmt Priority Code Enforcement - Evaluation/Improvements - Summit Fire On Going EffortsSpecial Place to Live Mgmt Priority Complete annual street, sidewalk, alley maintenance program Eng On Going EffortsSpecial Place to Live Mgmt Priority Initiate debris removal program to lessen creek flood potential Eng On Going EffortsSpecial Place to Live Mgmt PriorityContinue communication efforts with HOA’s and other neighborhoods to ensure HOA common area responsibilities are maintained per zoning requirementsFire On Going EffortsSustainable City Government Mgmt Priority Continue and expand city-wide & departmental satisfaction surveys All On Going EffortsSustainable City Government Mgmt Priority Continue organizational succession planning efforts CMO, HR On Going EffortsSustainable City Government Mgmt Priority Continue sales tax audit program Finance On Going EffortsSustainable City Government Mgmt Priority Evaluate various “green” & sustainability programs for implementation CMO On Going EffortsSustainable City Government Mgmt Priority Continue use of Program/Policy financial impact analysis for new programs and services Finance On Going EffortsSustainable City Government Mgmt Priority Monitoring Legislative Process: Track State & Federal Legislation All On Going EffortsSustainable City Government Mgmt Priority Police Radio System Interoperability Police On Going EffortsBusiness Prosperity Mgmt Priority Mentoring Home-Based Businesses CMO/ChamberBusiness Prosperity Mgmt Priority Retail Association - Development and City's Role CMO/ChamberBusiness Prosperity Mgmt Priority Co-op for Marketing Old Town Coppell Development CMO/ChamberBusiness Prosperity Mgmt Priority Home-Based Business - Study and Analysis CMO/ChamberBusiness Prosperity Mgmt Priority Home-Based Business Fair CMO/ChamberPage 3 of 3
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: April 12, 2011
To: Mayor and City Council
From: Brad Reid, Director
Re: Coppell 2011 Lighted Parade and Tree Lighting Countdown
Background:
Planning for the 2011 Lighted Parade and Tree Lighting Countdown is already in full
swing based on the success of the parade over the past couple of years, and input from
participants. The lighted parade received some criticism after the first year or two
because of changes to the day-parade rules, but now the community seems to have
embraced the parade because of the differences that it brings. The fact that the parade is
held at dusk creates some safety challenges, resulting in more stringent rules regarding
float creation and participation in the parade. However, there now seems to be a general
acceptance of these additional rules by most of those wanting to become a part of the
festivities. There are a number of positive reasons for having the parade at night, not the
least of which is that the tree lighting and after-parade activities are vastly more
convenient to the spectators.
There was discussion among some participants of the first couple of lighted parades that
the rules of participation were overbearing. The idea of limiting walking was questioned
until it was explained that this will minimize the possibility for accident or injuries. We
also heard that the expense of building a float increased because of the nighttime parade
and the requirement for lights. Seeing the complexity and detail on the floats that entered
last year, this sentiment seems to have subsided. In fact, the input received from
participants last year was very positive and the quality of the floats never better.
A nighttime parade allows for quick access to the Tree Lighting Countdown once the
parade has ended. The numbers of spectators at the Tree Lighting has increased
tremendously over the last couple of years because the parade has just ended, causing
people to congregate at the Plaza and see what activities are happening and end up
waiting to see the lighting of the tree. There also seemed to be many more people who
stayed much longer after the parade because of the food and activities planned in the
Plaza. During those years when the parade finished before dark, few stayed for the post
parade activities and in fact, most were long gone before the tree lighting.
The 2011 parade has been advertised in the 2011 Events Brochure that was mailed in the
water bill in March and April. The brochures have also been distributed at the library,
the Aquatics and Recreation Center and the Chamber of Commerce. The event is
planned as essentially the same as last year, with the parade beginning at dusk, traveling
along the same route, to end at Town Center Plaza with the tree lighting and other after-
parade activities. Some of the particulars may change in efforts to create better flow of
the event and improve the participant and spectator experience.
City Council Action requested:
No action is requested at this time
Staff Recommendation:
Have a parade very similar to last year’s lighted parade, with after-parade activities.
MEMORANDUM
DATE: April 7, 2011
TO: Mayor and Council
Clay Phillips, City Manager
FROM: Christel Pettinos, City Secretary
RE: FY 10-11 Council Goals
Voter Registration Program for 18 Year Olds
A Voter Registration Drive was conducted at the High School on Saturday, January 29th in
conjunction with the Public Service Academy Expo. We had four students assist the table from
9am -12pm and registered four adults and one student. We followed up with a second Voter
Registration Drive on February 21st during the three lunch periods at the High School. We again
had three students assisting us and registered approximately 15 students.
I attended the Networking period at New Tech on Wednesday, March 23rd. I was able to say a
few words in front of the assembly about the upcoming elections, and had a very successful
turnout of 20 registrations. This concluded our “Spring Drive” with a total of 35 registrations. I
plan to continue these Registration Drives closer to November to bring greater awareness to the
students.
Municipal Elections: Evaluation, Location and Direction
The City of Coppell contracts their elections with Dallas County. The county provides
coordination of all locations, equipment, personnel, training and staff for each polling location,
as well as any necessary submissions to the Department of Justice. The number of entities
contracting with Dallas County for the May 2011 Election is 37.
During Early Voting, Dallas County will provide 58 polling places, including three mobile
voting booths for Sunnyvale ISD and four mobile voting booths for Richardson ISD. Registered
voters can vote at any of the polling locations in Dallas County during May 2nd through May
10th. The hours are: 8:00 a.m. – 5:00 p.m. Monday through Saturday, 1:00 p.m. - 6:00 p.m. on
Sunday, and 7:00 a.m. - 7:00 p.m. on the following Monday and Tuesday. On Election Day,
Dallas County will have 703 polling places available.
During the May Election, Dallas County also handles our Denton County registered voters.
Denton County voters are able to vote any where in Denton County during Early Voting, but can
also vote at Town Center. Denton County will provide 21 polling places during Early Voting
and 95 polling places on Election Day. The Early Voting times are: 8:00 a.m. – 5:00 p.m.
Monday through Saturday and 7:00 a.m. – 7:00 p.m. the following Monday and Tuesday.
Denton County contracts with 33 entities.
Finally, I surveyed Tarrant County, who contracts with 34 neighboring entities. Their Early
Voting times are: 8:00 a.m. – 5:00 p.m. Monday through Friday, 7:00 a.m. – 7:00 p.m. Saturday,
11:00 a.m. – 4:00 p.m. Sunday and 7:00 a.m. – 7:00 p.m. the following Monday and Tuesday.
Tarrant County will provide 67 polling locations available during Early Voting and 203 polling
places on Election Day.
AGENDA REQUEST FORM
DATE: April 12, 2011
ITEM #: 7
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
April 12, 2011
8/A
✔✔
PROCEDURAL
Consider approval of minutes: March 22, 2011.
Minutes of the City Council meeting held on March 22, 2011.
Staff recommends approval.
%minutes
MINUTES OF MARCH 22, 2011
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 22, 2011, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Bob Mahalik, Mayor Pro Tem
Tim Brancheau, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Clay Phillips, Deputy City Secretary Chiquita
Taylor and City Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Work Session.
Councilmember Tunnell arrived during Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion Regarding Parks and Recreation Cost
Recovery Project.
B. FY 10-11 Council Goal Presentation - “Green:” Definition,
Analysis of “Best Practices” and Application to the City.
C. Discussion Regarding the Joint Meeting with Economic
Development and P&Z.
D. Discussion Regarding the Federal Funding on West Sandy
Lake Road.
E. Discussion Regarding November ¼ - cent Sales Tax
Election.
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F. Discussion Regarding CISD/City Joint Field Usage
Interlocal Agreement.
G. Discussion Regarding the City Council Retreat.
H. Discussion of Agenda Items.
Mayor Stover recessed the Work Session and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
4. Invocation.
Pastor Clayton Cotes from First Baptist Church led those present in the
Invocation.
5. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
6. Consider approval of a proclamation naming April 30, 2011 as
ARBOR DAY and authorizing the Mayor to sign.
Mayor Stover read the proclamation for the record and presented the
same to Cristal Rollins.
Action:
Councilmember Franklin moved to approve the proclamation naming
April 30, 2011 as ARBOR DAY and authorizing the Mayor 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.
7. Report by Keep Coppell Beautiful.
Brandi Todd, Board Chair, gave the board’s semi-annual report to
Council.
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8. Citizens' Appearances
Mayor Stover advised that no one signed up to speak.
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 8, 2011.
B. Consider approval of the annual Camp-Do-It-All Standards
of Care.
C. Consider approval of an ordinance amending Article 16-4,
Floodplain Management Ordinance, by amending Division
3, Section 16-4-10, "Basis for Establishing Floodplain and
Special Flood Hazards," to provide for the Floodplain
Insurance Study for Denton County, Texas and
Incorporated Areas, dated April 18, 2011; and authorizing
the Mayor to sign and execute any necessary documents.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
and C carrying Ordinance No. 2011-1275. 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.
10. PUBLIC HEARING:
Consider approval of the proposed Comprehensive Land Use
Plan and an Ordinance Amending the Code of Ordinances by
adding Chapter 12A, Comprehensive Land Use Plan, providing
for the adoption of the Coppell 2030 - Comprehensive Master
Plan and the Land Use Map thereof by incorporating therein
The Comprehensive Plan Update and the Intergovernmental
Cooperation Element, and authorizing the Mayor to sign.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover continued the Public Hearing from the March 8th meeting
and asked for the following people to speak:
1) Rich Pilone, 801 Howell Drive, spoke against this item.
2) Jaime Silva, 821 Howell Drive, spoke against this item.
3) Angie Diaz, 816 Bullock Street, spoke against this item.
4) Leila Castaneda, 808 Howell Drive, spoke against this item.
5) Abdul Rab, 817 Howell Drive, spoke against this item.
6) Ken Zerby, 804 Howell Drive, spoke against this item.
7) Harold Neal, 808 Bullock Street, spoke against this item.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
the proposed Comprehensive Land Use Plan and the Ordinance
No. 91500-A-559 Amending the Code of Ordinances by adding Chapter
12A, Comprehensive Land Use Plan, providing for the adoption of the
Coppell 2030 - Comprehensive Master Plan and the Land Use Map
thereof by incorporating therein The Comprehensive Plan Update and the
Intergovernmental Cooperation Element, 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.
11. PUBLIC HEARING:
Consider approval of Case No. PD-238R-HC, Coppell Office
Village, a zoning change request from PD-238-HC (Planned
Development-238-Highway Commercial) to PD-238R-HC
(Planned Development-238 Revised-Highway Commercial), to
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revise the Detail Site Plan to allow a 40-square-foot internally
illuminated acrylic monument sign with a stone base on 2.02
acres of property located at 225 East S.H. 121.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Terry Holmes, applicant, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak.
Action:
Councilmember Tunnell moved to continue the Public Hearing to the
April 12th meeting. Mayor Pro Tem Mahalik 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 an Interlocal Cooperation Agreement
between the Coppell Independent School District and City of
Coppell pertaining to the Coppell Middle School West Lesley
Field improvements and related city usage of the complex,
including city funding not to exceed $500,000, and authorizing
the Mayor to sign.
Presentation:
City Manager, Clay Phillips, made a presentation to the Council.
Action:
Councilmember Faught moved to approve an Interlocal Cooperation
Agreement between the Coppell Independent School District and City of
Coppell pertaining to the Coppell Middle School West Lesley Field
improvements and related city usage of the complex, including city
funding not to exceed $500,000, and authorizing the Mayor to sign.
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Mayor Pro Tem Mahalik 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. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips gave an update of various city
projects including the Tennis Center, Coppell Aquatic and
Recreation Center Expansion, the Clear Creek reconstruction,
the Sandy Lake Road tree removal project, the Deforest Road
utility relocation project, the Sidewalk Infill project, and the Belt
Line Road paver replacement project. Mr. Phillips reminded the
Council of the Five Year Plan Budget Workshop scheduled for
March 29th. Mr. Phillips also reminded Council of a Joint
Meeting with the Park and Library Boards on April 4th and a
Budget Town Hall on April 5th.
14. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Movie Series in
Town Center Plaza.
B. Report by Councilmembers Hinojosa-Flores and Tunnell
regarding the NLC Conference in Washington D.C.
A. Mayor Stover announced the Movie Series in Town Center Plaza
continues on March 25th with the Land of the Lost, Nanny
McPhee Returns on April 1st, and Journey to the Center of the
Earth 3D on April 8th.
B. Councilmember Tunnell reported that the focus of the NLC
Conference was on budgets, transportation, immigration and
CDBG grants for cities. Councilmember Hinojosa-Flores
reported that she spoke with First Lady Michelle Obama about
her “Let’s Move” program, which focuses on childhood obesity
prevention and awareness.
15. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
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Mayor Stover congratulated Keep Coppell Beautiful on their 2nd place
award from the Keep America Beautiful 2010 National Affiliate Awards
program. Mayor Stover also announced that March 23rd is the last
Chamber luncheon Chamber president Beverly Widener. She has served
the Chamber for 14 years.
Councilmember Hinojosa-Flores announced that the Pushups for Charity
Challenge sponsored by “Get you in Shape” is on April 9th at the Coppell
High School to benefit the Wounded Warrior Project.
Councilmember Tunnell announced that area high school students will
be putting on a production of “Bye, Bye, Birdie” at the First Methodist
Church on the first, two weekends in April.
16. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition –Hunt.
E. International Council for Local Environmental Initiatives
(ICLEI) – Brancheau.
F. Metrocrest Hospital Authority – Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
J. North Texas Council of Governments – Tunnell.
K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
A. Councilmember Tunnell reported that Lewisville ISD is partnering
with Championship Hearts Foundation to provide free heart
screenings for student athletes between the ages of 14 and 18.
The screenings are March 26th at First Presbyterian Hospital in
Flower Mound and April 30th at Lewisville High School. Lewisville
School Board voted on their new school 9th and 10th Grade Center.
Carrollton/Farmers Branch ISD will have “Casey’s Run” on March
26th at the Tommy Standridge Stadium benefiting the Special
Olympics.
B. Councilmember Mahalik congratulated the Business and
Professionals (BPA) Team from Coppell High School on winning the
state BPA trophy. He also congratulated the Coppell ISD
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Communications and Public Relations Department on winning 11
statewide awards of excellence in school communication from the
Texas School Public Relations Association. He also reported that
the “Shattered Dreams” program is April 1st at Coppell High
School. Councilmember Hinjosa-Flores reported that the School
Board will vote on the rezoning of Valley Ranch Elementary and
Lakeside Elementary.
C. Councilmember Faught informed Council that the Senior Center
will begin registration for new programs on March 23rd for
residents and March 29th for non-residents. The membership drive
is scheduled for April 1st – 8th. Member Appreciation Day is April
5th, the Volunteer Luncheon is April 25th and Bingo and Game Night
is scheduled for April 2nd and April 16th.
D. Nothing to report.
E. Nothing to report.
F. Councilmember Tunnell reported that Baylor Carrollton is looking
to become a non-profit hospital.
G. Nothing to report.
H. Councilmember Hinojosa-Flores reported that the Metrocrest
Medical Services Clinic is open 5 days a week. Also, they are
looking to have a volunteer recognition event on May 1st.
I. Councilmember Franklin reported that the grand opening held on
March 3rd was a great success. The Annual Keyholders Breakfast
is scheduled for April 12th at the Marriot
J. Nothing to report.
K. Nothing to report.
L. Councilmember Franklin reported that Senior Adult Services is
planning a Golf Tournament on June 22nd at Brookhaven Country
Club. He also reported that the chair for the committee, Bob Garza
is running for Carrollton City Council.
At this time, Mayor Stover reconvened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion Regarding Parks and Recreation Cost
Recovery Project.
B. FY 10-11 Council Goal Presentation - “Green:” Definition,
Analysis of “Best Practices” and Application to the City.
C. Discussion Regarding the Joint Meeting with Economic
Development and P&Z.
D. Discussion Regarding the Federal Funding on West Sandy
Lake Road.
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E. Discussion Regarding November ¼ - cent Sales Tax
Election.
F. Discussion Regarding CISD/City Joint Field Usage
Interlocal Agreement.
G. Discussion Regarding the City Council Retreat.
H. Discussion of Agenda Items.
Mayor Stover adjourned Work Session.
Adjournment.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Chiquita Taylor, Deputy City Secretary
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WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 12, 2011
8/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of a Master Agreement covering Transportation and Major Capital Improvement Projects between
Dallas County and the City of Coppell; and authorizing the Mayor to sign.
Approval will position the City to receive funding from Dallas County for capital improvement projects, in the event
funding is available.
Staff will be available to answer any questions at the Council meeting.
Staff recommends approval of this Interlocal Agreement.
#Master Interlocal Dallas County
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: April 12, 2011
REF: Consider approval of a Master Agreement covering Transportation and
Major Capital Improvement Projects between Dallas County and the City of
Coppell; and authorizing the Mayor to sign.
In fiscal year 2000, Dallas County replaced its traditional bond financing approach to funding
infrastructure improvements with a Major Capital Improvement Program. Under the old bond
financing method, all projects were authorized at the same time and were constructed generally
at the same time. With the Major Capital Improvement Program, Dallas County has
implemented a pay as you go program for participating and constructing street projects within
local entities.
The first Master Agreement between Dallas County and the City of Coppell was approved by
City Council on December 12, 2000. That Master Agreement is set to expire on April 24, 2011.
The agreements themselves are ten year agreements.
When the first Master Agreement was approved by City Council, Dallas County committed
funding for a portion of Sandy Lake Road. That money was used on the eastern portion of
Sandy Lake Road. At this time, there are no projects pending between Dallas County and the
City of Coppell that would provide additional funding on street projects.
I am currently discussing with Dallas County the portion of Sandy Lake between Denton Tap
and South Coppell Road to determine if they have any funding to participate in the cost for this
project. As is usually the case, the initial response is there are no available funds; however, we
are still having ongoing dialogue.
The purpose of this agenda item is strictly to approve the new 10 year Master Agreement
covering Transportation and Major Capital Improvement Projects between Dallas County and
the City of Coppell.
Staff recommends approval of the Master Agreement and will be available to answer any
questions at the Council meeting.
DALLAS COUNTY
PUBLIC WORKS
February II, 20 II
Mr. Ken Griffin, P.E.
Director of Engineering/Public Works
City of Coppell
PO Box 9478
Coppell Texas 75019
Re: Master Interlocal Agreement Governing Transportation Projects
Dear Mr. Griffin:
The Master Agreement between the cities and Dallas County governmg Major Capital
Improvement projects has been in effect since 200 I. However, as you are aware of the
agreement between the City and Dallas County is due to expire on April 24, 2011 .
Since 2001, there have been some legislative changes that needed to be addressed and other
revisions to reflect current trends in funding these large projects. Therefore, we are attaching a
copy of the revised Master Agreement for your execution . Once the City has executed the
Master Agreement please return for processing through Commissioners Court as soon as
possible.
We will appreciate your expedition of this agreement as no project specific agreements, or other
project initiating actions may be taken without the Master Agreement in place. If you have
further comments or questions your may contact Ms. Antoinette Bacchus, P .E., Assistant
Director, at 214-653-7151 or via email at Antoinette.Bacchus@daliascounty.org.
air, P.E.
. ector of Public Works
Attachment (Master Agreement)
411 Elm St., 4th Floor Dallas, Texas 75202 (214)653-7151
MASTER AGREEMENT GOVERNING
MAJOR CAPITAL IMPROVEMENT PROGRAM
THIS MASTER AGREEMENT is made by and between the City/Town of Coppell, Texas,
hereinafter called "City" or "Town", and Dallas County, hereinafter called "County", acting by and
through its duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter
called Master Agreement, for the purpose of Transportation Improvements on roads inside Dallas
County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan.
WITNESSETH
WHEREAS, pursuant to Court Order 2001-814, dated April 24, 2001, County Commissioners Court
approved participation in Transportation Major Capital Improvement Program within the cities inside
Dallas County; and
WHEREAS, the approved project lists may be modified, updated or approved by the Commissioners
Court on a periodic, as-needed basis; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for
local governments to enter into interlocal agreements; and
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City/Town and
County for the mutual consideration stated herein:
ARTICLE I. DEFINITIONS
The following definitions are incorporated into this agreement for all purposes.
A. AMENDMENT shall mean a written document executed by all parties detailing changes,
additions or deletions in the Master Agreement.
B. AMENITY shall mean Project features not included in the Standard Basic Project Design
including but not limited to street pavers, colored concrete, planters, irrigation, decorative
lighting, special signage, or any other feature above and beyond the Standard Basic Project
Design or any increase in capacity in excess of County detennined requirements based on
anticipated future traffic flow.
C . CITY/TOWN shall mean the City/Town of Coppell, Dallas County, Texas.
D . CONTEXT SENSITIVE SOLUTIONS (CSS) is a collaborative, interdisciplinary
approach that involves all stakeholders to develop a transportation facility that fits its physical
setting and preserves scenic, aesthetic, historic and enviroomental resources, while maintaining
safety and mobility. CSS is an approach that considers the total context within which a
transportation improvement project will exist. CSS principles include the employment of early,
MASTER AGREEMENT-02/07111
continuous and meaningful involvement of the public and all stakeholders throughout the
project development process. It is the intent of Dallas County Public Works Department to use
the essential elements of CSS in all approaches to deliver the project. Some projects will
dictate very intense use of CSS, while others will only use a few of the elements, but the
County will always consider CSS.
E. COUNTY shall mean County of Dallas, State of Texas.
F. DIRECT PROJECT and PROGRAM COSTS shall mean those costs that can be
identified specifically with a particular project or program cost objective. These costs generally
include compensation of employees for the time devoted and identified specifically to the
performance of the project or program, cost of materials acquired, consumed or expended
specifically for the purpose of the project or program; equipment changes; damage claims and
other approved capital expenditures; change orders; travel expenses incurred specifically to
carry out the project including, but not limited to, design, right-of-way, road or street drainage,
utility relocation and adjustment and construction. Direct Cost does not include either
City/Town or County general overhead.
G. EFFECTIVE DATE shall mean the date of the signature of the last person necessary for
this Master Agreement to become effective.
H. EXTRA TERRITORIAL JURISDICTION-(ETJ) shall mean the unincorporated area
outside the incorporated boundaries of the municipality as determined in Chapter 42 of the
Texas Government Code, as amended.
I. FIVE PHASE PROJECT DELIVERY SYSTEM shall mean the process for delivering a
project from conception to completion as detailed in Exhibit A, attached hereto and as well as
any additions or supplements thereto . The five phases of the project delivery system are
planning, desigri, right of way, utility clearance, and construction.
J. FUNDING AGREEMENT shall mean the agreement between the County and a
City/Town to establish a preliminary proposed budget for a project. As design is completed
and the engineering estimate is refined, the funding agreement shall be incorporated into the
Project Specific Agreement.
K. INDIRECT COSTS shall mean those costs that benefit more than one project and cannot
be readily identified with a particular final project or program cost objective. Their precise
benefits to a specific project are often difficult or impossible to trace.
L. IN-HOUSE PROJECT DELIVERY COSTS shall mean all costs associated with the
development of the Major Capital Improvement Program (MCIP) "Call for Projects", selection
of projects, scoping of projects, project design, property acquisition and construction of
projects. Cost Accounting shall include but is not limited to employee time reimbursement,
materials, equipment and other expenditures necessary for the management and continuation of
the MCIP.
M. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into
between City/Town and County in accordance with Texas Government Code Chapter 791.
N. LEAD AGENCY shall mean that entity responsible for project management, including, but
not limited to planning, design, right-of-way acquisition, approved utility relocation or
adjustment and construction unless otherwise designated.
O. MASTER AGREEMENT shall mean this document including all incorporated
documents, attachments, and exhibits.
MASTER AGREEMENT-02 /07111 2
P. MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which
incorporates the results of the Preliminary Design Charrette.
Q. MUL TI-MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which
comply with the concepts in the 2005 SAFETEA-LU Act, any amendments, or any future
federal transportation acts which increase safety, accessibility, flexibility, efficiency, and
enhance the integration and connectivity of the transportation system, across and between
modes throughout the County for motorized and non-motorized users.
R. ORPHAN ROADS shall mean all or part of a street or road right of way which are outside
the incorporated limits of a municipality (or municipalities) and the incorporated area of the
municipality (or municipalities) abuts or extends into the right of way. These roadway
segments have, in effect, been "orphaned" by the abutting City/Town (or cities) that they serve
in that they have been left unincorporated. Thus the County has primary responsibility for
maintenance, operation, enforcement, police and/or emergency services within these
unincorporated rights of way.
S. PARCEL OR PARCELS shall mean those portions or part of land and improvements
located either wholly or partially thereon, identified by County, City/Town or other Stakeholder
as required for right-of-way requirements of the Project. Such right-of-way shall include the
existing street, road, drainage or other City/Town or County real property ownership and all
additional real property to be utilized for the Project.
T. PRELIMINARY CONCEPT CHARRETTE (PCC) shall have the same meanings and
purposes as the Preliminary Design Charrette, but be conducted very early in the design start,
before substantial design is underway. The conditions for which a PCC is appropriate will be
determined by the lead agency, but will usually be a greater uncertainty of what the road
improvement will involve, the purposes, varying contexts (e.g. Transit Oriented Development,
Recreational Oriented Development, Industrial Oriented Development, etc.). Use of CSS will
usually mean that a PCC will be conducted, since its use fits perfectly into CSS concepts.
Other conditions encountered may dictate the use of a PCC, such as poor soils, presence of
unconsolidated solid waste dumps, innovative integration of master planning with project
delivery, unusual ROW challenges, budgetary constraints (thus calling for significant Value
Engineering efforts), etc. The results of properly using a PCC will be that early consensus will
be achieved on a basic approach to the project design and construction, thus avoiding wasted
design funding and loss of momentum for project delivery.
U. PRELIMINARY DESIGN CHARRETTE (PDC) shall mean a meeting of decision
making stakeholders and other members of the project team for the purpose of discussing
feasible design alternatives, forging strong consensus among all stakeholders for the selected
alternative, and entering into a MOA for the overall estimate, alignment and scope of the
project. The PDC will be scheduled when the preliminary design is complete or near
completion. This means horizontal and vertical alignment alternatives have been designed,
ROW requirements are at least approximately known for each alternative, and the design is
40% to 60% complete. The result of a PDC that is conducted with all the stakeholders present
is that the strong consensus achieved will help assure the project is able to overcome any
chal\enges with design completion, ROW acquisition, utility design and relocation, and finally,
road construction.
V. PROJECT MANAGER shall mean the person appointed by the Lead Agency who is
assigned the primary duty for assuring Project Team coordination and timely project delivery.
There will be only one Project Manager assigned to a Project.
MASTER AGREEMENT-02/07/ 11 3
W. PROJECT TEAM shall mean representatives from County, City/Town, and other
Stakeholders as may be mutually agreed upon by County, City/Town and Stakeholders or
otherwise with responsibility for delivering the completed Project.
X. PROJECT(S) shall mean the proposed thoroughfare and multi-modal connectivity
improvements approved by the Commissioners Court for inclusion in the Transportation MCIP
and approved by the City/Town.
y. PROJECT DURATION shall mean the active life of the project. Project shall commence
with the application for a project by the City/Town and acceptance by the Dallas County
Commissioners Court. Project shall be considered complete when construction has been fully
completed and the one year maintenance period has expired or the project has been tenninated
in accordance with Article IV of this Agreement.
Z. PROJECT SPECIFIC AGREEMENT or PROJECT SUPPLEMENTAL AGREEMENT
(PSA) shall mean an agreement subsequent to this document which is entered into to establish
the contractual rights and responsibilities of the City/Town and County as it relates to a
particular Project. A PSA supersedes the MOA or Funding Agreements.
AA. RIGHT OF WAY (ROW) is a strip of land that is granted, through a ROW deed, an
easement or other mechanism, for the Project. ROW shall mean that real property or property
interest identified by County or City/Town, as necessary for the construction of the Project
which shall include the existing street, road, drainage or other City/Town or County real
property ownership and all additional real property to be utilized for the Project.
BB. SCOPING SHEETS shall be attached to each PSA. These sheets will set forth the design
criteria to be used for the project, including the alignment, appropriate specifications, typical
section and other parameters of the project. As project goals and needs are more clearly defined
the Scoping Sheets shall be updated and revised by the project manager to reflect current
construction goals.
CC. STANDARD BASIC PROJECT DESIGN shall mean the standard County-approved
City/Town criteria for paving, bridges, drainage and appurtenances, traffic control items
including pavement marking, warranted unifonn signals, street light foundations, pull boxes,
conduit, sidewalks, medians, storage/tum lanes, access, required structural retaining walls and
standard driveways excluding road or street amenities, or such design criteria as may be
mutually agreed upon in a project Scoping Sheets.
DD. TxDOT shall mean the Texas Department of Transportation.
EE . UTILITIES shall mean each City/Town utility, public utility, common carrier,
governmental or quasi-governmental facility, fiber optic facility, or other facility located within
the limits of the Project by virtue of Texas or Federal Law or agreement between the entity and
the City/Town, County, or State of Texas.
FF. CITY/TOWN UTILITY shall mean those owned or operated by City/Town which
requires relocation or adjustment for the purpose of the construction of the Project as identified
by Project plans.
GG. UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the
limits of any governmental entity.
HH. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all Utilities, excluding
City/Town Utilities, whose facilities are located within a private easement.
MASTER AGREEMENT-02 /07 / 11 4
II. UTILITY BETTERMENT shall mean any increase in the capacity of any Utility's Facility
adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or any
upgrading of the Utility's Facility above the standard practices, devices or materials, specified
by the Utility and customarily used by City/Town or Utility on projects solely financed by
City/Town or Utility. Provided, however, that any adjustments necessary to successfully
accomplish the Project shall not be considered a Betterment, and further, that any increase in
the capacity of the Utility Facility resulting solely from the replacement of devices or materials
no longer regularly manufactured, processed or installed shall not be considered a Betterment,
provided that such replacement shall be only to the standard devices or materials currently used
on other projects financed solely by City/Town or Utility. This meaning shall apply to utilities
that are part of the project as well as the standard basic street components (See "STANDARD
BASIC PROJECT DESIGN").
ARTICLE II. PERIOD OF THE AGREEMENT
This Master Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed (The "Effective Date"). This Master Agreement shall expire
ten years from the Effective Date unless terminated in accordance with Article IV.
ARTICLE III. AMENDMENTS
This Master Agreement may be amended with the mutual consent of the City/Town and
County. Any amendment must be in writing and approved by the parties' respective governing bodies
through either a Court Order from Commissioners Court or a City/Town Council Resolution.
ARTICLE IV. TERMINATION, DEFAULT, TIME OF THE
ESSENCE AND FORCE MAJEURE
A. TERMINATION
a. This Master Agreement may be terminated by any of the following conditions:
1. By expiration of term of the agreement.
2. By either party, by notice in writing establishing the effective date of termination to
the other party as consequence of the party being in default of the provisions of
this Agreement or any supplemental agreement or failure to timely provide
funding, with proper allowances being made for circumstances beyond the
control of the defaulting party.
3. By either party with ninety days written notice to the other party.
b. Should either party terminate this Master Agreement as herein provided, all existing, fully
executed supplemental agreements made under this Master Agreement shall not be terminated
and shall automatically incorporate all the provisions of this Master Agreement.
c. In the event that any supplemental agreement is terminated prior to completion of the
Project, no additional Costs shall be incurred other than Costs due and payable at the time of
termination for services actually performed or that shall become due and payable due to such
termination. The Lead Agency, to . the extent permitted, may terminate all project contracts,
MASTER AGREEMENT-02 /07 /1 1 5
unless written notice is given by either party to the other of its intent to complete the Project,
and prepare a final accounting for the Project.
d. If the Project is terminated by the City/Town prior to the award of any construction contract
and the Project is located within the City/Town limits, City/Town shall pay to County the full
amount expended by County on the project and County shall transfer to City/Town its rights
and all deliverables that it may be entitled to receive under the existing professional services or
other project contracts or agreements. Such amount shall be included in the final accounting
for the Project. Such amount shall be due and payable in full ninety (90) days subsequent to
the termination, or thirty days subsequent to delivery of final accounting.
e. Once the construction contract has been awarded by the governing body of the Lead
Agency, the PSA for that Project cannot be terminated until completion of the construction.
f. In the event that a Project is terminated prior to the award of the construction contract,
either party may, upon written notice, take over the project and prosecute the work to
completion by contract or otherwise at its sole cost and expense. In the event that the party
completing the work is not the Lead Agency, it is agreed that the Project Manager will furnish
to the Completing Party a listing of current records pertaining to any outstanding obligations or
other records or information required by any project contract, including any Work Order, or
requested in writing by Completing Party in either printed or electronic format or both. The
Lead Agency agrees to cooperate with the Completing Party. The Lead Agency will use its
best efforts to transfer to the Completing Party all contracts. Obligations under such contracts
shall become the sole obligation of the Completing Party upon transfer. Completing party
agrees to timely pay all future obligations under such contract as they become due and payable.
Completing Party hereby releases the Lead Agency from any and all liability under such
assigned contracts subsequent to date of transfer, effective upon the transfer date. Lead Agency
shall exercise its best efforts to insure a transition of services without interruption.
Either party shall have the right to retain copies of all data, information, engineering, studies, or
other items produced to the date of termination.
g. Provisions b through g of this section shall survive the termination of this Master
Agreement and any PSA and shall be a continuing obligation until the transition of services, all
payments made and the Projects are complete. All items listed or required in this provision
shall be furnished by Lead Agency to Completing Party without additional cost or expense to
completing party.
B. FORCE MAJEURE:
Neither County nor City/Town shall be deemed in violation of this Contract if it is prevented from
performing any of its obligations hereunder by reason of, for or through strikes, stoppage of labor,
riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, an act of
God, or any cause reasonably beyond the party's control and not attributable to its neglect. In the
event of such an occurrence the time for performance of such obligations or duty shall be
suspended until such time that such inability to perform, shall be removed. The party claiming the
suspension shall give notice of such impediment or delay in performance to the other party within
ten (10) days of the knowledge of such occurrence. Each party shall make all reasonable efforts to
mitigate the effects of any suspension. The provisions of this Article IV section B shall survive the
termination of this Master Agreement.
MASTER AGREEMENT-02 /07/ 11 6
ARTICLE V. LIABILITY FOR ACT AND OMISSIONS
County and City/Town agree that both County and City/Town shall each be responsible
for their own negligent acts or omissions or other tortuous conduct in the course of performance
of this Master Agreement without waiving any sovereign or governmental immunity available to
either County or City/Town under Texas law and without waiving any available defenses under
Texas law. Nothing in this paragraph shall be construed to create or grant any rights,
contractual or otherwise, in or to any third persons or entities. The provisions of this Article V
shall survive the termination of this Master Agreement.
ARTICLE VI. LEAD AGENCY
A. Lead Agency shall be that entity which is responsible for the project from conception through to
completion of construction. City/Town and County may choose for County to manage project
through design and construction and for City/Town to acquire ROW.
B. In the event that the City/Town is Lead Agency the City/Town shall:
a. Provide project management and leadership from project selection to construction
completion following the 5 Phase Project Delivery System as detailed in Exhibit A, attached
hereto and as well as any additions or supplements thereto;
b. Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or
Preliminary Design Charrettes and Neighborhood Public Workshops;
c. Acquire ROW necessary for project;
d. Enter into or obtain whatever agreements or permits necessary for project completion;
e. Provide County with opportunity for significant input in plan development and periodic
progress reviews; and
f. Provide records for periodic auditing for either financial accounting or engineering
accounting or both.
C. For City/Town-led projects in which the City/Town is considering to specify transportation
infrastructure elements exceeding the Standard Basic Project Design criteria, County funding will
only be eligible to the Standard Basic Project Design criteria unless the City/Town and County
have arrived at mutual agreement through involvement of County during the initial design phases
including the Design Partnering Kick-off Meeting and as necessary the Preliminary Concept
Charrette and Preliminary Design Charrette meetings.
ARTICLE VII. CITYffOWN COVENANTS AND AGREES AS FOLLOWS:
A. To execute with reasonable promptness the necessary agreements for the implementation of design
and construction of the Projects mutually agreed upon and incorporated herein by PSA.
B. To provide City/Town Council Resolution adopting approved preferred alignment, proposed
estimated budget, and commitment to meet Project funding for each milestone as specified herein
or in the Funding Agreement and/or PSA.
C. To provide City/Town Council Resolution adopting the subdivision regulation in the ETJ as
defined in Article XVII below.
MASTER AGREEMENT-02107/11 7
D. City/Town agrees to share the funding of each Project with County on an equal share basis of
50%/50% or as otherwise agreed cost sharing arrangement as specified in a Funding Agreement
and/or PSA with the following exclusions:
a. City/Town shall bear the entire cost of:
1. City/Town owned utilities relocation or adjustment such as water and sanitary sewer
facilities, except utility adjustments directly attributable to storm sewer improvement
conflicts;
2. Amenities including but not limited to street pavers, colored concrete, planters,
decorative lighting, special signage, or any other feature over the Standard Basic Project
Design;
3. Utility Betterments
4. Direct costs of City/Town which is fulfilling the role of Lead Agency, shall be
totally funded by City/Town unless supported by a detailed hourly accounting system
equal to County's accounting system.
5. City/Town Indirect Costs.
E. When mutual written agreement has been reached as to Projects' concepts, design elements and
limits by County and City/Town at the PDC, City/Town agrees to acquire ROW required for
designated projects by voluntary dedication, the subdivision platting process and/or other legal
means, to the maximum extent possible, and to ensure through the building permitting process that
setback requirements are imposed to limit encroachment upon the required ROW. City/Town
agrees to fund ROW not acquired, but reasonably expected to be acquired. City/Town also agrees
to fund the removal of improvements that are encroachments within existing or proposed ROW
areas.
F. In the event of any proposed use of the Project ROW that will conflict with the proposed Project
and City/Town is unable to obtain such ROW as described above, City/Town shall notify County
of such conflict. County and City/Town shall determine if the acquisition of the conflicting parcel
would be in the best interest of the Project. In the event that agreement is reached and the parcel is
acquired such cost shall be included in the pro rated cost of the project in the agreed upon
proportions.
G. City/Town hereby grants the County authority to enter into eminent domain proceedings within the
City/Town limits on each specific ROW alignment and/or project as approved by the City/Town
and County.
H. To require all Utilities located within or using the present public ROW on all designated
transportation projects within City's/Town's municipal limits to adjust and/or relocate said Utilities
as required by the proposed improvement of the designated transportation Project. City/Town
Utilities shall be relocated or adjusted at no cost to County except as may be specifically set forth
in this Master Agreement.
1. City/Town agrees to be cooperative on issues relating to billboards, advertising signs, non
conforming uses, zoning and similar restrictions and to exercise its best efforts to provide variances
when possible to minimize cost and delay of Project. Additional Project cost caused or contributed
to by City/Town ordinance, zoning, non-conforming use determination or other requirement shall
be paid in full by City/Town.
J. CitylTown shall require the adjustment and/or relocation of Utilities to be accomplished and
finalized, as expeditiously as possible after approval of final plans to prevent Project schedule
MASTER AGREEMENT -0210 71 II 8
delays. Notwithstanding anything contained herein to the contrary, all Utilities shall be adjusted or
relocated and the ROW clear for construction not later than thirty (30) days prior to the award of
the construction contract. City/Town will notify the County and other Stakeholders when utility
conflicts would impact progress of the project completion. County and City/Town agree to work in
partnership and with all Stakeholders to solve the problem; to include engaging elected officials in
the problem resolution with the goal to prevent delays in the commencement or prosecution of
construction on the Project.
K. Where planned roadway improvements (including, but not limited to storm drainage,) are in
conflict with City/Town owned water and sanitary sewer systems, that could otherwise remain in
place, the actual costs of the necessary adjustment of City/Town water and sewer utilities shall be
pro rated at the overall percentage agreed to by City/Town and County for cost sharing. City/Town
shall be responsible for funding one hundred percent (100%) of any Betterment; as well as 100% of
any relocation that is caused by City/Town installation during the Project Duration. Except as
provided herein, all costs for adjustment and/or relocation of utilities in the public ROW shall be
the responsibility of the Utility Owner or of the City/Town Utility. Any Project delay or other
damages caused by City/Town Utility failure to timely relocate or adjust the facility shall be at the
entire cost of City/Town.
L. To provide for continuing surveillance and control of ROW to prevent the construction, placement,
storage or encroachment of any signs, personal property or other appurtenances in the existing or
proposed ROW. In the event that the aforementioned features are allowed by City/Town to
encroach on necessary ROW during the duration of the project, City/Town shall bear the entire cost
of removal or relocation of said encroachment.
M . To provide to County for County's or County's designee's use, at no cost, adequate copies of all
construction standards, codes, (specifically including zoning and development codes), plats,
specifications, guidelines, standards or any other pertinent information as determined by County to
be required for the completion of the Project. Additionally, City/Town shall furnish County, at no
cost, such documents as necessary to keep all items previously furnished to County current.
N. Actively participate and provide authorized representation with decision making power at PCC
and/or PDC, preconstruction meeting, partnering meetings and project team meetings which are
necessary to project development/completion and fiduciary relationships.
O. City/Town agrees to provide timely review of interim submittals. "Timely review" will be agreed
upon during the PCC and/or PDC as a part of the Project schedule. City/Town further agrees that
if no review notes are submitted by City/Town in writing to County on a timely basis, plans are
approved as submitted.
P. When City/Town is Lead Agency City/Town agrees to allow forty-five days for County review of
submittals and any comments shall be incorporated into final document.
Q. City/Town agrees that it will pay all additional project cost for any City/Town requested
discretionary change, including, but not limited to Amenities and Utility Betterments, in or addition
to the design or construction of the project subsequent to the City/Town opportunity to review the
sixty five percent (65%) design plans.
R. Provide at City's/Town's cost for the continuing maintenance of all the Project ROW, such as
mowing, drainage, trash removal, etc., during the period between acquisition and construction.
S. During the construction of the Project and after completion of the Project, City/Town will be
responsible for the control, operation, police enforcement and/or emergency services, without cost
or contribution from the County.
MASTER AGREEMENT -02 /07111 9
T. After the completion of a Project and the one year maintenance period, the City/Town will be
responsible for all future maintenance without cost or contribution from the County.
U. Bear the entire cost of design, construction and administration for landscaping, streetscaping,
streetlighting, as such items are not included in the Standard Basic Project Design and other
amenities specified or requested by City in excess of Standard Basic Project Design.
V. It is the intent of this Master Agreement that the County will be the Lead Agency. In the event that
the City/Town and County agree in writing that City/Town will manage and administer one or
more Projects, City/Town and County will enter into a PSA as to that project(s). In such instance,
City/Town agrees to assume all Lead Agency responsibilities except as may be set forth in the PSA
as determined by mutual consent.
ARTICLE VIII. UTILITY IMPACTS.
A. In cases where a Utility is located in a Privately Owned ROW, and it is necessary to relocate the
facility or make adjustments by reason of the widening or improvement of the designated project,
the County (or City/Town if acting as the Lead Agency) will, after submission by utility company
of ROW documentation and cost estimates acceptable to the City/Town, County and other
Stakeholders, assign the actual costs for the relocation and/or adjustment of said utility to the
Project.
B. In cases where a Utility in Public ROW, excluding City/Town Utilities, occupies any portion of the
Project ROW by Texas or Federal Law or by agreement with the City/Town that allows or permits
the City/Town to cause the relocation of the utility for the construction of the project, the
City/Town shall timely require and enforce the relocation or adjustment requirement at no cost to
the project. In the event that the City/Town has no legal or contractual right to cause the
relocation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project
Cost. City/Town shall take all steps necessary to insure that such relocation or adjustment shall not
conflict with or delay the Project schedule.
ARTICLE IX. COUNTY COVENANTS AND AGREES AS FOLLOWS:
A. To provide as a Project Cost preliminary engineering which will define project details, e.g.,
location, scope of work and specific right of way alignment for each improvement. Such
preliminary engineering shall be submitted to the City for approval, prior to proceeding with the
final design and any right of way acquisition.
B. To provide as a Project Cost for the construction of transportation improvements based upon
design criteria conforming to Standard Basic Project Design in conformity with applicable City
ordinances and standards, to the extent of Commissioners Court approved program funding. Scope
of work shall include the agreed upon design standards as the basis for improvement criteria.
Deviations from mutually agreed upon application of City/Town standards and/or design criteria
shall require prior approval of City/Town. Where City/Town standards do not exist, TxDOT
standards as of the Effective Date of this Master Agreement shall be utilized unless otherwise
mutually agreed by PSA.
C. To actively participate and provide authorized representation at Predesign Charrette,
preconstruction meeting, partnering meetings and project team meetings which are necessary to
project development and completion and fiduciary relationships .
MASTER AGREEM ENT -02 /07 / 11 10
D. To provide project management of each Project where County is Lead Agency from
commencement to completion of construction. City and County may further agree by mutual
consent to redefine project management roles as beneficial to the Project as defined in the MOA
and supplemental agreements.
E. Upon receipt of written request detailing the infonnation requested, to provide infonnation related
to the Project to City/Town or City's/Town's designee at no cost to the City.
F. County agrees to provide review of interim submittals within forty-five days and hereby agrees that
if no review notes are submitted by County (if City/Town is filling the role as Project Manager) in
writing to City/Town, plans are approved as submitted.
G. To submit final engineering plans for review and written approval by City/Town at least thirty (30)
days prior to advertising for construction.
H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary
additional ROW, on designated projects, in accordance with minimum standard requirements and
utilizing existing public ROW to the maximum extent possible as a Project cost.
1. To require all contractors to secure all necessary pennits required by City/Town on said
construction projects.
J. To furnish record drawings of construction plans for the penn anent records of City/Town within
twelve (12) months upon completion and acceptance of the transportation improvement Project.
K. To transfer the real property or property interest acquired by County and used for the Project to
City/Town.
L. In the event County and City agree in writing that City will be the Lead Agency for the agreed
upon Project, County will reimburse City for agreed costs as detailed in Article XIII. (Funding) in
an amount not to exceed the Project cost as approved by Dallas County Commissioners Court and
incorporated in the PSA. All County payments shall be in accordance with County Policies and
Procedures or as may be mutually agreed between the parties and incorporated in a PSA.
ARTICLE X. PRELIMINARY DESIGN CHARRETTE (PDC), PRELIMINARY
CONCEPT CHARRETTE (PCC)
A. City/Town and County, as specified in Articles VII and X, respectively, will designate officials or
representatives to participate in a PCC and/or PDC to be conducted on a mutually agreeable date
and location. At least part of this meeting will be conducted on the Project site.
B. Results from PCC will identify the general project scope, the basic approach and concepts to be
taken with the project, the elements of CSS that will be included, and some ideas for alignments
alternatives. Lead agency will already have been detennined, and as well as project administration
and management roles, to include the Project Manager. Key project team participants shall be
introduced to stakeholders at the PCC and or PDC. Results from the PDC will identify the
preferred alignment of the project which all stakeholders can support and build momentum behind,
and provide all stakeholders a commitment for project delivery schedules and project budgets.
ARTICLE XI. FISCAL FUNDING
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of County funding for each item and obligation contained herein. City/Town shall have
MASTER AGREEMENT-02 /071 (1 II
no right of action against the County as regards this Master Agreement, specifically including any
funding by County of the Project in the event that the County is unable to fulfill its obligations under
this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any
source utilized to fund this Master Agreement or failure of any funding party to budget or authorize
funding for this Master Agreement during the current or future fiscal years. In the event of insufficient
funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may
provide funds from a separate source or terminate this Master Agreement. In the event that payments
or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas
Government Code.
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of City/Town funding for each item and obligation contained herein. County shall have
no right of action against the City/Town as regards this Master Agreement, specifically including any
funding by City/Town of the Project in the event that the City/Town is unable to fulfill its obligations
under this Master Agreement as a result of the lack of sufficient funding for any item or obligation
from any source utilized to fund this Master Agreement or failure of any funding party to budget or
authorize funding for this Master Agreement during the current or future fiscal years. In the event of
insufficient funding, or if funds become unavailable in whole or part, the City/Town, at its sole
discretion, may provide funds from a separate source or terminate this Master Agreement. In the event
that payments or expenditures are made, they shall be made from current funds as required by Chapter
791, Texas Government Code.
A. ARTICLE XII. FUNDING
A. City/Town and County mutually agree to proportionately fund the Direct Project and Program
costs as agreed by the parties in a PSA. Unless otherwise specified in the PSA, County shall bear fifty
percent (50%) of the total Direct Project and Program costs excluding the Amenities, relocation or
adjustment of City/Town Utilities, Utility Betterment, Indirect Cost, Direct Cost not supported by
detailed hourly accounting system and other items as specified in this Master Agreement, Funding
Agreement or any PSA. County shall not be responsible for any amount of funding in excess of the
Project not-to-exceed amount as shown in the PSA. Unless otherwise specified in the PSA, City/Town
shall bear fifty percentage (50%) of all Direct Project and Program costs. In addition, City/Town
agrees to fund all other City cost as provided herein, including, but not limited to, Amenities,
relocation or adjustment of City/Town Utilities, Utility Betterment, Indirect Cost, Direct Cost not
supported by detailed hourly accounting system and other items as specified in this Master Agreement,
Funding Agreement or any PSA.
B. Unless otherwise stated in a PSA, the milestones for each project shall be (1) preliminary and
primary design (2) ROW acquisition and utility relocation or adjustment and (3) construction. The
Lead Agency shall prepare an estimated cost for each milestone . Upon approval of the cost by the
other party, each party shall fund its share of the respective milestones by placing that amount of
money in an escrow account or otherwise encumber the funds to insure that the Lead Agency will have
sufficient funding available from current revenue for the timely payment of Project milestone costs.
The Lead Agency may bill the other party for periodic payments for the actual amount of work
completed toward the completion of the milestone. Upon completion of the milestone, the non
management party will be furnished a notice that such work has been completed and the amount of
funding that may be utilized to pay subsequent milestone Project cost. Notwithstanding any other term
or condition contained herein or in any PSA, neither party will be required to award any contract until
MASTER AGREEMENT-02 /07 / 11 12
written certification has been received that funding has been placed in escrow or encumbered for the
payment of the non-awarding party ' s portion of the Project cost.
e. In the event that the cost of the Project shall exceed the not-to-exceed amount, City/Town and
County agree to either reduce the scope of construction or seek additional funding to complete the
Project at the agreed upon cost share percentages. At the termination of the Project, the Lead Agency
will do a final cost accounting of the Project. In the event that the amount paid by either party exceeds
its portion of the actual cost, the difference will be remitted to such party. In the event that additional
funds are due , the Lead Agency will bill the other party who agrees to pay such funds within thirty (30)
days of receipt of such billing.
D . If City/Town elects to manage Project, County will reimburse City/Town based on invoices for
actual costs expended as supported by documentation approved by County Auditor. Any and all
supporting documentation required by County Auditor shall be included with invoice from City/Town .
E . Upon execution of a PSA, City/Town shall escrow an amount adequate for initial project costs
which County may use to pay for initial professional services required for scoping, preliminary, and
prim ar y design.
F . City/Town and County shall enter into Funding Agreement and /or PSA to establish commitments
as required for each project. Suggested timeframes for Funding Agreements , PSAs and/or any
amendments are:
a . As soon as project accepted by Commissioners Court and as a result of the kick off
partnering meeting, a Funding Agreement to establish Lead Agency for preliminary
engineering and general funding responsibilities and procedures for reimbursement by
Participating Agency; or
b. When the preliminary engineering plans are at 60% complete; or
c . After construction bids are opened amend the PSA as needed.
ARTICLE XIII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement and all right of action relating to such enforcement shall be strictly reserved to City/Town
and County and nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any other person on this Agreement. It is the express intention of City/Town and the
County that any entity other than City/Town or the County receiving services or benefits under this
agreement shall be deemed an incidental beneficiary only. This Agreement is intended only to set forth
the contractual right and responsibilities of the agreement parties .
ARTICLE XIV. RIGHT OF ENTRY
The City/Town agrees that County shall have the right to enter upon the Project area for the time
period necessary for the completion of the Project. City/Town agrees to furnish such police or other
City/Town personnel as requested by County for traffic control or other public safety matters at no
cost to the Project or County.
MASTER AGREEMENT-02 /07 / 11 13
ARTICLE XV. LIST OF PROJECTS
City/Town agrees that it has been furnished with a list of the potential Projects as approved by the
Dallas County Commissioners Courts, subject to the agreement between the parties of a PSA.
City/Town stipulates and agrees that the Commissioners Court Order approving the projects
identifies the potential Project location and describes the type of project in sufficient detail that the
City/Town is fully aware of the location and type of projects being considered.
ARTICLE XVI. ORPHAN ROAD POLICY;
The County encourages all cities adjacent to orphan roads in the county to develop, commit to and
submit a plan to the County for completing the annexation of the orphan road segments and
assuming full responsibility for these roadways . In instances where two cities abut the same
orphan road segment, the County encourages the two cities to jointly develop a plan of the
annexation of that segment. The County offers its assistance to the cities in developing such plans .
A. The County, at the discretion of the Commissioners ' Court, may give additional selection
value to projects in cities that have submitted a specific plan for the annexation of orphan roads
when the County selects, approves and schedules projects for funding in the County 's major
MCTP. Such preference may also be given in approving projects for road and bridge district
participation (Type "B" work).
B. The County, at the discretion of the Commissioners Court, may also refuse to participate in
discretionary projects, such as road and bridge district projects or MCIP projects, in a
City/Town that elects not to pursue the annexation of orphan road segments that abut its
boundaries. Failure to notify the County of the City's/Town's intent to annex and/or failure to
submit a plan for annexation in a timely manner shall be construed by the County as the
City's/Town's election not to pursue annexation.
C. The County, at the discretion of the Commissioners Court, may select specific orphan road
segments for improvement when a City commits to annexation of the segment upon completion
of the project. However, the specific plan for annexation of orphan roads submitted by the
City/Town will not be limited to annexation upon completion of improvements by the County.
The County improvements may be made as road and bridge projects or as MClP projects
(subject to other MCIP criteria including regional thoroughfare plan designation and City/Town
cost participation.)
D . This policy application is prospective and projects selected by the County and approved by
the Commissioners Court prior to the date of the adoption of this policy shall not be impacted
by this policy.
E. The County shall provide written notification of the adoption of, and future revisions of, this
policy to the cities abutting orphan road segments.
F. The provisions of this Article XVI shall survive the termination of this Master Agreement.
(Ord. No. 2002-637 ; Ord. No 2006-1171)
MASTER AGREEMENT-02 /07 / 11 14
ARTICLE XVII. SUBDIVISION REGULATIONS IN THE
EXTRA TERRITORIAL JURISDICTION
County and City/Town agree that City is the office that is authorized to: (1) accept plat applications for
tracts of land located in the extraterritorial jurisdiction; (2) collect all applicable plat application fees;
(3) provide applicants one response indicating approval or denial of the plat application; and (4)
establishes a single set of consolidated and consistent regulations related to plats, subdivision
construction plans, and subdivisions of land. The provisions of this Article XVII shall survive the
tennination of this Master Agreement.
ARTICLE XVIII. MISCELLANEOUS GENERAL PROVISIONS
A. Applicable Law. This Agreement and all matters pertinent thereto shall be construed and enforced
in accordance with the laws of the State of Texas and exclusive venue shall be in Dallas County,
Texas. Notwithstanding anything herein to the contrary, this Agreement is expressly made subject to
County's and City/Town's Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code,
and all applicable State of Texas and Federal laws.
B. Entire Agreement. This Agreement, constitutes the entire agreement between the parties hereto
and may not be modified except by an instrument in writing executed by the parties hereto as herein
provided.
C. Severability. If any provision of this Agreement shall be held invalid, void or unenforceable, the
remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall
remain in full force and effect.
D. Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare
immediately a default or delays in taking any action. Pursuit of any remedies set forth in this
Agreement does not preclude pursuit of other remedies in this Agreement or provided by law.
E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State
of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or
other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or
greater requirement(s) than stated herein, City/Town agrees to timely comply therewith without
additional cost or expense to County.
F. Headings. The titles which are used following the number of each paragraph are only for
convenience in locating various provisions of this Agreement and shall not be deemed to affect the
interpretation or construction of such provision.
G. Number and Gender. Words of any gender used in this Agreement shall be held and construed to
include any other gender; and words in the singular shall include the plural and vice versa, unless the
text clearly requires otherwise.
H. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
I. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be
required to be in writing and shall be deemed given when personally delivered, or three (3) business
days after being deposited in the United States Mail, postage prepaid, certified, returned receipt
requested, or registered addressed as follows:
MASTER AGREEMENT-02 /07111 15
------------------------------
----------------------------
-----------------------------
To County: County of Dallas
Director of Public Works
Dallas County
Administration Building
411 Elm Street, Fourth Floor
Dallas, Texas 75202-3389
To City/Town: City of Coppell, Texas
Director of Engineering/Public Works
PO Box 9478
Coppell, Texas 75019
Either party may change its address for notice by giving the other party notice thereof.
The City/Town of Coppell, State ofTexas, has executed the Agreement pursuant to duly
authorized City/Town Council Resolution , Minutes Dated the
__day of , 20 __
The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners
Court Order Number and passed on the __day of , 20 ___
. CITY/TOWN OF COPPELL
BY
TITLE
DATE
ATTEST
CITY SECRETARY \ ATTORNEY
COUNTY OF DALLAS
BY
Clay Lewis Jenkins, County Judge
DATE
APPROVED AS TO FORM:
~?&v
.. 0 on R. Hikel, Chief, Civil Division
as County District Attorney
'By law, the District Anorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a
contract or legal document on behalf of other parties. Our review of this document was conducted solely fi-OlTI the legal perspective of our client. Our
approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and
approval by their own respective anorney(s)_
MASTER AGREEMENT-02107111 16
EXHIBIT
A
DEPARTMENT OF PUBLIC WORKS
4tt El..M ST.. 4TH FLOOR
OAUAS. TEXAS 75202
PROJECT MANAGEMENT PRACTICES
MANUAL
5 PHASE
PROJECT DELIVERY SYSTEM
JULY 2009
1
INTRODUCTION
The purpose of this manual is to provide a standard practice guide on project management practices
within the Dallas County Public Works Department. It is meant to assure that a standard approach is
used by all Project Managers (PMs) and other project team members in the delivery of County-led
transportation projects. The guidelines are meant to meet the requirements and intent of the
American Public Works Association's (APW A) publication entitled "The Public Works
Management Practices Manual" (The Manual). The Manual contains 529 recommended practice
statements that describe the critical elements necessary for a full-service public works agency to
accomplish its mission. We estimate that about 300 statements apply to the missions of Dallas
County Public Works Department. The practice statements "call for the development and
implementation of a policy or procedure in the form of a rule, regulation, written directi ve, or for the
execution of an activity, report, procedure or other action." This PMP manual is intended to fulfill
that requirement and covers a number of practice statements. It begins with Practice Statement 10.8
"Project Management" in the Chapter 10, "Planning and Development." It also includes practices
elements in a general sense from Chapters 11 "Engineering Design," Chapter 12 "Bid Process,"
Chapter 13 "Project Management," Chapter 14 "Right-of-Way Management," and Chapter 15
"Utility Coordination." Our basic methodology is a strong matrix approach, so that our PMs are
assigned from the time a planning initiative become a true approved project, to completion of the
total project. We use the terminology found in the Project Management Institute's "A Guide to the
Project Management Body of Knowledge" (PMBOK). This includes the definition of a "Matrix
Organization" which we aspire to be. This definition is: "Any organization structure in which the
project manager shares responsibility with the functional managers for assigning priorities and for
directing the work of individuals assigned to the project." When we speak of a project matrix team,
we are referring to a team led by an appointed PM who has team members from throughout the 4
functional divisions of Dallas County Public Works. These four divisions are Transportation and
Planning, Property, Engineering & Construction, and Program & Engineering Management. The
PMs are assigned to the Engineering and Construction division, but manage projects from cradle to
completion. There is no hand-off between functional divisions.
This Practice Manual is purposely short. We desire to provide a guide to project delivery practices,
not an exhaustive "how to" manual. Other Public Works Practices (all indexed to the APW A
Practices Chapters and numbers) do provide more detailed instructions on the specific elements of
project delivery. Our experience is that very thick manuals are not used as much as shorter
guidelines that provide the boundaries of good practice and a standard approach on the essentials.
We then empower our individual PMs to work within the guidelines, leveraging their own strengths
(their "hedgehog" talents) to work the details in delivering their individual projects.
PHASE 1 --PLANNING & PRELIMINARY DESIGN
• <~. ~••. •.• 4 .~~.~# · ~ ,9. . ........... •• . • t~ ~ ....
STEP ONE, PROJECT DEFINITION
--< I I I I I I I I I I I I I I I I I I I. I I I I I I I I I I I I I I I I I I I .....
1. Transportation Planning distributes a "Call for Projects" to all Dallas County cities. This is a
process initiated every 2 to 3 years and involves partnering with all the cites and
stakeholders. The nomination period is open for 4-6 months before projects are submitted,
usually in August of odd numbered years . Public Works will host a partnering workshop and
2
include a luncheon in the middle of a meeting about 4 hours long. Various aspects of this
Call for Projects Workshop and process will be adjusted based on input from city partners .
2. Planning Division will adjust the project selection criteria based on input from the cities,
criteria that NCTCOG is using, and guidance from the County Commissioners . The final
criteria and Call process will be briefed and approved by the Commissioners Court and a 5
signature letter will be used to transmit the Call to the cities. The amount of time for the
nomination process will be adjusted based on feedback from the cities. This is to assure they
have enough time to brief their elected officials , plan for inclusion of projects in city bond
elections, and prioritize city capital spending. After the Planning Division assures all the
information is submitted correctly (and assists some of the smaller city staffs in
submissions), a matrix team of Public Works (PW) employees begins with an
executeability analysis that precedes selection of projects for inclusion in the County's MCIP.
The team, with Engineering & Construction, Planning, & Property people involved, provides
assistance with risk assessments from various perspectives --feasibility, cost estimates, scope
definition, political aspects, funding , technical issues, utilities, safety, environmental, and
traffic factors , etc. Property Division team members examine Right-of-Way (ROW) &
utilities, looking at feasibility, types of property involved, other significant factors, such as
at-grade railroad crossings, relocations, etc .
3 . The Director and AD's meet with each Commissioner separately to go over the slate of
nominated and analyzed projects in hislher District. Google Earth or other technology is
used to give the Commissioner a comprehensive look at the nominated project and its
environs. The pros and cons of each project are discussed with each Commissioner taking
their own approach to project selection . The technical grading scores act as a common
denominator to assure only effective projects are in the ballpark for selection. Public Works
provides data on previous funding commitments, and percent of thoroughfare roads &
population of each city, to help Corrunissioners decide on the projects to be selected. Every
project is placed into a Program Year (PY) (year slated for construction start), based on
District and overall County MCIP cash flow projections . After briefing each Commissioner
and the Judge, the updated spreadsheet called the "MCIP Transportation Funding
Commitments" is presented in Briefing format in public forum to the Commissioners Court.
The following week, a Court Order is submitted and the MCIP is then formally approved by
the Court, with a 5 Signature Court Order.
4. The MCIP has been formulated on the premise that legal agreements should reflect the nature
and character of the program. Equal funding partnerships, matrix Project Management,
Context Sensitive Solutions methods of project delivery, and partnering principles applied in
every phase of project delivery are the essential elements of the MCIP. The time it takes for
getting inter-local agreements approved should never be on the critical path of project
delivery. Therefore much effort has been expended between the Civil DA legal staff and
Public Works staff to formulate a "Master Agreement Governing Transportation Major
Capital Improvement Projects." This MCIP Master Agreement has been signed by 26 Dallas
County cities with approved projects and serves as the legal basis for partnerships between
the various cities and Dallas County. It will be renewed every 10 years. Later during project
design, enough information will be known to forge a Project Supplemental Agreement (PSA)
that details the specifics of that particular project. None of the basic elements of a city
county legal agreement have to be repeated in the PSA, thus simplifying the process and time
involved.
3
5. A kickoff meeting is next held with each of the City Partners who have projects selected.
This key meeting sets the basic parameters for each of the projects, such as cash flow
requirements for each partner, who the lead agency for project delivery will be, agreed upon
technical criteria, known risks, roles for each stakeholder, etc., all focused on assuring timely
project delivery and moving the project into construction during the selected PY. If there is a
great deal of uncertainty associated with the project (e.g. part of some economic development
such as transit oriented development, or part of brown field development, or other significant
environmental challenges, or a very significant change in planned use of an area in the future,
e.g. industrial changing to mixed use, etc), then the lead agency may conduct a Planning
Charrette. The purpose of this meeting with all significant stakeholders is to detennine the
beginning scope and the realm of possible approaches. Serious design cannot begin until
there is stakeholder agreement on a relatively reasonable set of alternatives, which bear some
relationship to the scope of funding currently available. Partnering relationships will also be
established at this Charrette which should be sustained throughout the life of the project.
6. Public Works commits to using Partnering Principles of Trust, Commitment, and Shared
Vision in addition to Best Practices of Project Management Principles throughout the life of
the project. Each City is invited to use the same principle-centered teamwork as we work
together to deliver the selected projects. This partnering approach is also an integral part of
Context Sensitive Solutions (CSS), a design methodology that involves early and continuous
involvement of all stakeholders.
7. For every project that the city and county stakeholders agree to assign Dallas County as the
Lead Agent, a Project Manager (PM) will be assigned by the Assistant Director of
Engineering and Construction. In addition the Assistant Director in consultation with the PM
and other Assistant Directors and PW Business Unit leaders, will identify matrix team
members for the project.
8. An initial Project Funding & Execution Status (PFES) and Program Management and
Planning Status (PMAPS) form will be developed by the PM for each project in coordination
with the PEMD & the AD, Engineering & Construction. Each business unit leader will
review PFES and PMAP in order to provide an adequate workforce for each project, and
assure team members assignments are balanced.
9. Decision on use of Subsurface Utility Engineering (SUE) will be made before initiating
design. In the analysis of candidate projects, utility relocation risks will have been identified.
When these risks are high (the usual situation), then funding will be planned in the design
for SUE efforts. PW now has in place an IDIQ contract for quick implementation of SUE
consultant efforts. Utility partnering efforts include initiatives for joint efforts wherever
feasible. This information will be critical for designers to use as they launch the design.
Total integration of the SUE methodology will help assure that ALL utility impacts are
considered in every phase of project delivery.
STEP TWO, PRELIMINARY DESIGN
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1. A systematic decision process as part of the Public Works Business Operating Plans
(PWBOP) updating is done to determine which design efforts will be completed with in
house designers and which will be done by consultants. For consultant selection, a rigorous
and systematic process will be used to select the best qualified consultants for each project.
An initial contract will be signed with a best qualified consultant to perform the entire
preliminary design, or participate as a Preliminary Design liaison, trainer, or expert to advise
4
an in-house design force for the project. As much as possible, an Indefinite Delivery,
Indefinite Quantity (IDIQ) methodology will be used to help assure inordinate amounts of
time are not used in the best qualified selection process required by state law. City partners
will be given the opportunity to provide input to the County in the consultant selection
process.
2. County, city, or joint team of in-house designers or selected consultant finn begins initial
design efforts under the leadership of the PM. This design effort will be initiated formally
with a Design Partnering Workshop. The PM will assure all significant stakeholders are
invited and commit to attend & participate. The meeting will be designed to assure all
stakeholders are committed to a smooth and strong start to design, that all the vital
stakeholders are involved early, and that progress meetings are scheduled on a regular basis.
This will involve commitments by the design team (consultant or in-house) and by the city
and county people involved in design approval. Goals include committing to resolve
alignment issues early in the design process. In some circumstances, a feasibility study may
be required to compare & contrast different alternatives before real design can begin.
Estimated ROW takes, utility impacts, and environmental affects for each alternative may
need to be reported before stakeholders decide on a preferred alternative for preliminary
design. The design partnering meeting will be held over a lunch hour and include a SO%
SO% cost shared, modest lunch.
3. CSS methodology will continue to be used, stressing total stakeholder involvement,
throughout the project delivery process. Task Force and Matrix Team meetings will be
scheduled in order to assure effective teamwork. The Institute of Transportation Engineers
(ITE) manual "Context Sensitive Solutions in Designing Major Urban Thoroughfares for
vValkable Communities" will be used as an overall design guide.
4. When a consultant is used as the design agent, a contract will be negotiated for the
preliminary design only, unless the project is relatively simple and the final solutions are not
in question . The idea is to avoid protracted negotiations on the total scope and fee, when
many of the factors influencing final design consideration are not yet known. An amendment
to the contract for completion of the Primary Design can be negotiated after Preliminary
Design is nearing completion. At this time, the unknowns should be relatively few and the
scope negotiation much easier to navigate. The decision to amend the contract for
completion of the Primary Design will be made after an interim evaluation is completed
using the County's consultant evaluation system. Every effort will be made to assure a
seamless design process, without interruptions by prolonged negotiations in signing the
Primary Design amendment to the contract.
S. A Preliminary Design Charrette (PDC) will be planned by the Project Manager who will
lead the execution with all stakeholders (Cities, utilities, County, any private parties or other
decision-makers). The scope of invitees to the PDC will be dependent upon project
complexity and number of unknowns. The goal of the PDC is to build consensus and
support behind the project and alignment alternative that is finally selected by the
stakeholders. Many projects have been derailed by lack of support when opposition arises.
A great effort will be made to assure attendance of all the key players. This consensus
building effort is an integral part of any CSS approach to design. The Director and Assistant
Directors will be personally involved and the PM will make special efforts to assure political
leaders have the meeting on their calendars and plan to attend, or at least have a clear
invitation. In addition, by name individual contacts will have to be made to assure utility
company representatives attend, since key alignment decisions will be made that can affect,
S
or be affected by, probable utility locations. If applicable, the PDC will include an
orientation walk-thru of the project site, which includes right of way assessment. The PM
will highlight specific City zoning and other ROW requirements, or ask the city partner to
highlight these.
6. As part of the CSS approach, a Public Involvement (PI) strategy will be forged under the
leadership of the PM, "and the advisement of the PW Transportation & Planning Division
(T &P). T &P will attain and maintain a PI center of expertise and advise PMs on various
techniques and methods to use to best involve the public and other stakeholders. Public
Works will use innovative methods in coordination with our cities, such as workshop/small
group formats, inviting outside consultants, etc. City methods & approaches will always be
respected and adhered to in this area.
7. Phase 1 ends with approval of the Preliminary Design Report, Preliminary
AlignmentIProfile and Preliminary Sizing of bridges and drainage structures along with
S.u.E. determination, Preliminary Survey Report, and Preliminary Utility Investigation
Report.
8. The design finn or in-house design team will have begun necessary permitting and
environmental assessments . Basically the level of effort will approximate that required of
the Preliminary Schematic and Environmental Assessment Phase that currently is required on
the TxDOT STPIMM projects.
9. Roadway plans are estimated to be 60-65% complete at the end of Preliminary Design.
Phase.
PHASE 2 --PRIMARY DESIGN .........'
.......... .
1. The initial task is negotiation of an amendment to the preliminary design contract with
consultant for Primary Design, or if that is not successful, assignment of the work to an in
house design team.
2. The Scope of Work should now be well defined by all Phase 1 efforts and includes
geotechnical investigations, utility analyses (including application of all the S.U.E. data derived
in Phase 1), constructability review, environmental analysis, neighborhood public workshops,
traffic information approval, estimated ROW parcels, & integration of context sensitive
solution elements.
3. Part of negotiations both with in-house design teams and consultants includes definitive
delivery dates for various deliverables, phases, and reviews. All commitments made during
the Design Partnering meeting and follow-on Task Force meetings will be honored, by all
stakeholders. In paying submitted invoices for progress during the design period, earned value
analysis concepts will be used to track cost and schedule progress. We DO NOT make 'cost
plus' assumptions about consultant's work efforts. Since our 2-phase negotiation system
allows for better scope definition, the instances of misunderstanding on true project scope are
reduced.
4. Consultant or In-house Design Team works closely with all stakeholders --under the guidance
and direction of the County PM, in a partnering mode. The lead designer is the Technical
Manager at this point in the process, and is always under the matrix leadership of the PM.
Any available internet or intranet based Project Management tools, including extranets, will be
6
used to optimal effect during the life of the project. When one of our IDIQ consultants is hired
(survey, miscellaneous design, SUE or materials testing) we will work with them using
partnering concepts and treat them as members of the Public Works team. Also, the design
finn for water and/or wastewater services will be integrated, and wherever possible, we will
attempt to assure the design consultant for the transportation project is also selected by our city
partner to design the municipal utility improvements. We will expect any of our consultant
partners to become familiar with the elements of our 5-Phase project delivery system and to
commit to the precepts of design partnering ..
5. Traffic and utilities data will be considered in design, with data from partner city, County,
NCTCOG, TxDOT, or consultant. Agreed upon level of S.V.E. will be key inpu~ into design
details, and utilities partnering imperatives will be used throughout the design and construction
phases .
6. Any required environmental impact analysis will be completed during phase 2. Common
sense will be used to address significant issues without wasting time on clearly unimportant
areas . The goal is to execute environmentally sustainable transportation infrastructure that
improves the overall quality of life of our joint customers, the transportation users and citizens
of Dallas County and our cities.
7 . Right of Way (ROW) documents will be finalized, with quality controlled by the consultant or
in-house design team . The Quality Assurance (QA) function will be completed by both the
PM and the Property Division in a smoothly coordinated manner, using pre-coordinated
checklists. At the appropriate time, the documents will be delivered to Property Division, but
the PM still retains overall responsibility for timely project delivery. Early involvement on
ROW issues, including utility relocation aspects (such as getting possible Rights of Entry for
utility relocation) is critical for success. Early provision of final and accurate ROW documents
will be a critical milestone of the design contract.
8. Design Consultant or In-house Design Team completes work on provided schedule, keeping
aJl the commitments made during the Design Partnering Meeting and the Preliminary Design
Charrette. Consultants and/or In-house Design Team are expected to assure that they
accomplish "muddy boots" design with true "eyes-on" the total project site. The project should
have been walked several times by the time the design is complete. Most underground utilities
have above ground markings, which are often overlooked until construction. In design review,
we will avoid lengthy rounds of passing designs back and forth, in favor of "over-the-shoulder"
reviews, as required to meet design completion timelines . These will include city and other
interested stakeholders under the orchestration of the PM.
9. The PM completes an interim evaluation of the design consultant. Special note will be taken
of the consultant's system for assuring QC of all design effort including ROW documents .
After construction is complete, the PM performs a final consultant evaluation, using our
standard evaluation system contained in the contract. The consultant is given an opportunity
to evaluate the County's project management process as well.
7
••
PHASE 3 -DESIGN COMPLETION & RIGHT-OF-WAY
INITIATION
1. Begins with the delivery of the initial, unsealed ROW documents to the County by the
consultant. Consultants will first bring a few ROW documents for review by the PM and
Property Division team members, to assure they fully understand the details and level of Quality
Control we expect in their submittals. Standards and scheduling will be clearly spelled out in
writing within Consultant's contract. DeIiverables will include ROW maps and deed records.
2. Consultant is required by contract to submit property owner deeds along with right of way maps
which have received an internal quality control process. The PM assures utility representatives
are informed ofthe project and all know utilities are shown on the plans. Diligent efforts will be
made to assure that all private or public utility easements are identified on the maps and plans as
required in Consultant Contract. All the SUE efforts should be included in the design
documents.
3. The PM, still leading project delivery, assures the County or City ROW Functional Manager
works to assure efficient execution of ROW planning and acquisition services, as part of the
Project Matrix Team. The Property Division will manage the ROW Services IDIQ contract, if
this delivery tool is used. Before writing a work order for the ROW services IDIQ, the Property
Division Chief will meet with the Chief of Engineering & Construction and the PM, to assure
adequate project budget is available for the added cost of procuring ROW services.
4. The PM monitors and tracks progress, helping to resolve issues as they develop. He/she, keeps
all stakeholders informed, using e-tools and networking. Any available internet-based Project
Management tools, including extranets, as well as intranets will be used to optimal effect during
the life of the project.
5. Consultants or In-house Design Team are to avoid taking ROW that is not absolutely necessary
to the construction of the project by performing a Preliminary DesignlRight of Way Review
Board. The PM uses his/her Matrix Team to minimize the ROW takings and assures
appropriate leadership to assure project delivery dates are met.
6. Consultant will make minor changes resulting from property owner requests or other changes
that arise naturally in ROW negotiations.
7. As required, the Project Manager will be prepared for expert testimony at any Eminent Domain
hearings.
8. The PM decides, in consultation with other stakeholders and early enough to preclude re-work
by consultant, the packaging of the Plans, Specs & Estimates (PS&E) package for the
construction bidding purposes. The PM will use the Standard Practices of the Public Works
Department as the guide, with the precise formats being customized to the type of project
involved. Each city partner may have specific requirements, or if the project is a local-let of a
federalized project, federal provisions will be included, as per TxDOT guidance.
PHASE 4 -ROW Completion & Utility Adjustment
1. ROW acquisition is carried to completion, again under the active project management and
leadership of the PM, with proactive activity of the ROW acquisition team. If the city or
another partner such as TxDOT is the ROW acquisition agency, the PM will still track carefully
the progress and proactively lead efforts to remove obstacles, etc. to keep progress on schedule.
2. The PM will use partnering principles as well as results of S.U.E. to assure utility adjustments
are accomplished in time to keep scheduled project advertisement and contract award dates. The
elements of Public Works Practice (PWP) 15.1, "Utilities Coordination" will be used as the
guide. These principles are based on successful partnering efforts for over 10 years with major
utility providers (including the UPRR). The PM will assure the attached Essential Bements of
Utility Partnering and GUIDELINES FOR ASSURING SMOOTH RELATIONSHIPS
BETWEEN LOCAL GOVERNMENTS AND UPRR is proactively used by all matrix team
members.
3. The Project Manager tracks and. resolves issues and work schedules, using the Matrix Team to
proactively lead efforts to remove obstacles of acquisition and utilities relocation to ensure
project schedule. As a matter of standard procedure, the use of utilities Rights of Entry (ROE)
will be explored on every project. When conditions are there, we will use the ROE as a way to
take the utility adjustment time off the project critical path. R&B forces may be needed to clear
trees from the new ROW or to move fencing, and will be procured through requests to the
Commissioner involved.
4. The City works as part of Matrix Team to expedite utility relocations. Many times, franchise
utilities have relationships based on franchise utility agreements with cities that can be used
beneficially to secure cooperation. Monthly Task Force meetings are initiated during this phase
to assure early and frequent communication with all stakeholders. All team members are to
proactively partner with the utilities and facilitate their relocation. Departmental policy is 0 R R
(Zero Relocation of Relocations). The practices of PWP 15.1 "Utilities Coordination" will be
used by all PMs. This includes use of the Utilities Special Work Assistance Team (U-SWAT)
to help resolve tough utility challenges in a timely manner. The U-SW AT team is a resource for
the PM and does not relieve himlher of the necessity for close team work, involvement &
leadership during the utilities phase of the project. We regard the project as "in construction"
during the time our utilities partners are operating in our ROW, relocating their utilities. We
work hard to assure that all franchise utilities are relocated in a manner that is safe and will not
impact our road construction (e.g. from improper backfill of their trenches, conflict with storm
sewers, conflicts with water or sanitary sewer lines, bridge abutments, inlets, etc).
5. An Advertising Risk Assessment (ARA) is completed prior to engaging the Purchasing
Department in advertising the project for construction bids. Advertising is not issued until all
utilities are within a reasonable and confirmable clearance date. A deliberate decision will be
made on how many days from bid opening until contract award, and how many days from
contract award until the Work Order (notice to proceed) is given. Work Order dates will not
be projected to occur BEFORE high assurance that all known utilities will have been relocated.
A second important function of the ARA is to ascertain all the funding commitments, to update
•
the PFES to include all funds already expended, and to calculate an up-to-date construction
estimate, called a Current Working Estimate (CWE). All of the above actions will be
coordinated and finalized at a meeting scheduled and run by the PM with the Director, Assistant
Director and a city partner representatives in attendance. This meeting will be scheduled as one
of the critical milestones for the project.
6. The PM will assure designers (in-house or consultant) will be kept on-call for projects if
required to complete requested Engineering During Construction (EDC) services, such as shop
drawing submittal review and consultation on design intent, assumptions, etc . The intent is to
retain the best part of the tremendous energy, effort and focus that the consultant or in-house
design team has just expended in designing the project.
PHASE 5 --CONSTRUCTION
• t + ~f .. ...
STEP ONE CONSTRUCTION
1. The PM does all the work to advertise the project and works with the County Purchasing
Department for bid opening. A 100% design completion CWE will be completed by the PM
and will be used as the fair-cost government estimate for construction bidding purposes.
2. The PM leads the execution of the Project Supplemental Agreement (PSA) with each Partner
gi ving approval of final funding on a timely basis. An updated PFES will be needed at this
time. Project Manager prepares Court Briefing Memo and Court Order to award the
construction contract as well as the PSA. (Note: on some projects with complicated design
phases, the PSA may be signed earlier, during Phase 2).
3. The PM completes all the work for construction contract award. PM works with all partners
to assure a logical and timely notice to proceed is given. This order to begin work and the
contract time period will be based on status of utility relocations, any city requirements, etc.
4. The PM will plan, schedule and execute the Construction Partnering and Pre-Construction
Meeting with key stakeholders in attendance. The PM will schedule for attendance and
participation the Director and Assistant Director for E&C. Careful pre-planning ensures the
attendance of the right stakeholders and staff. In Dallas County PW, we will normally
facilitate our own Partnering meetings since we have the expertise and experience to
accomplish this without hiring specialized consultants. Costs for a modest lunch will be
shared 50%-50% between the county and the contractor.
S. The PM leads throughout the construction phase. The PM assures partnering principles and
spirit of Partnering (Trust, Commitment, and Shared Vision) are maintained throughout
the project construction phase. The PM establishes a regular day and time each week for the
weekly construction meeting in the field. The PM assures constant communication with
customers and other project stakeholders, including especially the people and businesses
who are located along the road being improved or built. . This may include a construction·
oriented Public Information Neighborhood Meeting, as well as periodic project newsletters,
notices of key construction events or phasing, progress postings on city web-sites, meeting
with neighborhood interests (property owners, schools, churches, businesses, etc). We are
interested in not only achieving a high quality end-product, but also in delivering the project
in a user-friendly manner. This is all part of total Context Sensitive Solutions project
delivery.
STEP TWO-PROJECT CLOSE OUT
.... , , , , , , , , , I I , , , , , ,. I I , , , , , I I , I , , , I I I I >
1. The PM assures final estimate is paid to Contractor on a timely basis. The
Contractor may have to be persuaded to close out the project, or the County may
take unilateral action to close out, if it is in our best interests
2. The PM completes the final Evaluation on the Contractor, using interim
evaluation results (if one was done), and performance during the entire contract
period. The Contractor evaluates Dallas County Public Works (on a voluntary
basis).
3. The PM assures that as-built plans are provided for the ultimate owner from
marked-up construction plans.
4 . PM works with the Public Works Program & Engineering Management Division
(PEMD) to assure total project costs are finalized, a final PEFS is completed and
Program Management is able to disencumber any remaining funds to be put back
into the MeIP fund.
5. The PM assures city is invoiced for their remaining portion of the total project
costs.
6. The PM formally turns the project over to the City by letter citing the date of
return to City for maintenance .
7. PM plans an ARR to capture lessons learned and celebrate project completion
with all involved in project delivery from design to construction completion.
8. PM conducts one year Maintenance Bond Inspection in conjunction with all
applicable stakeholders, assuring all corrections, repairs, etc are completed.
9. The PM completes closes out the project including conduction an After Action
Review to assure lessons learned are shared within the Dept and city.
Dallas County Project Delivery Team's
11
Essential Elements of Utility Partnering
1. Know the utilities' customers and remember that we have the same customers.
2. Make utilities move only if absolutely necessary to achieve the project purpose.
3. Move only once if the move is, in fact, essential.
4. Get involved with actual field reconnaissance early. Include and engage Project Representatives or Constructibility
personnel very early.
5. Get the acquiring agency's Right of Way personnel involved early.
6. Schedule initial Utility Partnering Conference early. Make partnering the theme and the flfst topic. Do it on the jobsite to
increase the effectiveness.
7. Involve and Invite Utility representatives to Neighborhood or Public Meetings.
8. Distribute roadway plans early to get started with the utility planning.
9 . Coordinate with all utilities to ensure that one has no negative impact on another. Coordination should ensure that enough
right of way is acquired to accommodate all of the facilities.
10. When plans are changed, get them to utility companies promptly. Provide a list of changes for our partners.
11. Communicate with utilities frequently to ensure knowledge of changing personnel and appropriate contact person.
12. Review utility company's plans, comment on plans and implement the coordination long before fieldwork needs to begin.
13 . Do not begin implementing a project schedule without total feedback from all companies.
14. Identify the precise sequence of relocations that need to occur. Many companies are predecessors of other companies'
relocations. Communicate this sequence to all utilities and other stakeholders. Ensure that the sequence is streamlined as
much as possible.
15. One way of ensuring the streamlining of the sequence is web-based notification when each company is complete or is
scheduled to be complete. Scheduling is as important as the sequence.
16. Consider that seasonal shutdown restrictions will have significant and adverse schedule impacts, sometimes up to one year.
Also consider that certain times of day are restricted from utility relocation. In addition, develop procedures for emergency
situations and learn the appropriate "windows of opportunity" for change-overs, etc.
17. Share accurate information with all companies & see that they share information with each other.
18. Communicate the need to follow City Ordinances, particularly those relating to traffic control, backfill and pavement
restoration. Traffic control plan must be filed and approved.
19.Insure that the companies have measures for handling complaints about their work and that they do not inconvenience our
mutual customers more than is absolutely essential. Remember, 0 R R !!
12
GUIDELINES FOR ASSURING SMOOTH
RELATIONSHIPS
BETWEEN LOCAL GOVERNMENTS AND UPRR
• Start Early Coordination -Set up a meeting with UPRR local representative Steve Marchenke to share
project selection lists, to ascertain projects with UPRR impacts. Then on impacted projects, share preliminary
designs, invite UPRR to early meetings, such as stakeholder preliminary design charrettes, public workshops,
etc.
• Work out precisely the location of railroad project impacts, before contacting UPRR. This speeds
the coordination process greatly. Use MAPSCO location, subdivision, and RR Mile Post where ever possible
• Use the UPRR.com website for a wealth of information, maps, etc. This can save time in
answering questions and can provide much information about UPRR, including points of contact, e-mail and
telephone information, instructions, applications, specifications, DOT crossing information, permit
requirements, ROW agreements, etc. Very, very valuable. Our in-house or consultant designers need to
ex plore this web-site before launching road design whenever there is going to be a RR crossing. Procedures and
responsi bilities are clearly laid out, as are design guidelines and specifications. A void nasty surprises that can
impact project costs if not budgeted.
• Expect the UPRR owned ROW to contain many other utilities (telecollllnunications, power,
pipelines, etc), that you will have to pay to relocate. These are private easements the utilities have
paid for and the project will have to bear the costs of relocation. UPRR is a good source of information on the
potential conflicts that you will encounter. Budgeting accurately for these costs will avoid nasty surprises later.
• Do not even think about changing Exhibit B of the standard agreement. UPRR has agreements
to work out in 23 states, and their lawyers are very vigilant to watch for precedents that might bind UP
elsewhere. Work on win-wins in the body of the agreement.
• A void adversarial actions and relationships, instead try the partnering approach. UPRR will
respond in-kind. They desire to maintain integrity in relations with all their communities. Do not presume upon
them (e.g., impossible responses on coordination that you failed to start timely, making demands they cannot
meet, presuming the worst).
• Look for ways to forge win-wins, for UPRR and the local community. Understand that USDOT
has a policy since 1992 to reduce at-grade RR crossings by 25%. This puts tremendous pressure on RR's to
accomplish this goal. Does your community have a number of little-used crossings? Explore ways to eliminate
them and UPRR can do much to meet the needs of your current project.
• When appropriate, have our attorneys communicate directly with UPRR attorneys. The key
is to have worked out all the coordination we can before that, using the infonnation, contacts and principles
described in these guidelines. Then, the Project Manager should stay involved to assure that going down "legal
rabbit trails" is avoided whenever possible. If we follow the spirit of win-win, then both sides will have better
results, even if our attorneys are involved, as they have to be.
• When you're in doubt and have searched all the readily available information, call Steve
Marchenke, Ken Rouse, or UPRR Real Estate division in Omaha. Even though they have large
territories to cover, they are never too busy to help you proactively solve a problem and forge a win-win. If you
have a "folder number," this will save them much time in looking up the project file information.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
April 12, 2011
8/C
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-224R-HC, Northlake College, a zoning change from PD-224-HC
(Planned Development 224-Highway Commercial) to PD-224R-HC (Planned Development 224 Revised-Highway
Commercial), to revise the Concept Plan and attach a Detail Site Plan to permit a Valve Site on 5,625 square feet of
property of this 34.94 acre tract of land located on the southeast side of S.H. 121, south of Sandy Lake Road and
authorizing the Mayor to sign.
On March 8, 2011, Council unanimously approved this ZONING
CHANGE (6-0).
On February 17, 2011, the Planning Commission unanimously
recommended approval of this ZONING CHANGE (6-0).
Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, and
Duncan voted in favor, none opposed. Commissioner Kittrell recused
herself due to a conflict of interest.
Staff recommends APPROVAL.
@PD-224R-HC, NLC ORD-1 AR (con)
1 TM 48338.2.31511
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-224-
HC (PLANNED DEVELOPMENT 224-HIGHWAY COMMERCIAL)
TO PD-224R-HC (PLANNED DEVELOPMENT 224 REVISED-
HIGHWAY COMMERCIAL) TO REVISE THE CONCEPT PLAN
AND ATTACH A DETAIL SITE PLAN TO PERMIT A NATURAL
GAS VALVE STATION ON 5,625 SQUARE FEET OF PROPERTY
OF THIS 34.94 ACRE TRACT OF LAND LOCATED ON THE
SOUTHEAST SIDE OF S.H. 121, SOUTH OF SANDY LAKE ROAD,
AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN,
DETAIL SITE AND LANDSCAPE PLAN, SCREEN WALL AND
ELEVATION PLAN AND IRRIGATION PLAN, ATTACHED
HERETO AS EXHIBITS “B”, “C”, “D” AND “E”, RESPECTIVELY;
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of
the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to
the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all property owners generally, and to all persons interested and situated in the affected area
and in the vicinity thereof, the said governing body is of the opinion that Zoning Application
No PD-224R-HC should be approved, and in the exercise of legislative discretion have
concluded that the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same is hereby amended to grant a change in zoning from
2 TM 48338.2.31511
PD-224-HC (Planned Development 224-Highway Commercial) to PD-224R-HC (Planned
Development 224 Revised-Highway Commercial) to revise the Concept Plan and attach a
Detail Site Plan to permit a Natural Gas Valve Station on a 5,625 square feet site on real
property within a 34.94 acre tract of land located on the southeast side of S.H. 121, south
of Sandy Lake Road, and being more particularly described in Exhibit “A” attached hereto
and made a part hereof for all purposes, subject to the development regulations.
SECTION 2. That PD-224R-HC is hereby approved subject to the following
development regulations:
A) Except as amended herein and as provided in this Ordinance, the property
shall be developed in accordance with commercial zoned property as set forth
in Ordinance 91500-A-467 which is incorporated herein as set forth in full
and hereby republished.
B) The development of said use and structure as a natural gas valve station
shall be in accordance with Concept Site Plan, Detail Site and Landscape
Plan, Screen Wall and Elevation Plan, and Irrigation Plan, as set forth in
Section 3 of this ordinance.
C) A copy of the approved Texas Department of Transportation (TxDOT)
permit for the driveway access to the 121 Service Road shall be filed with
the City Engineering Department prior to the issuance of a final Certificate
of Occupancy.
SECTION 3. That Concept Site Plan, Detail Site and Landscape Plan, Screen
Wall and Elevation Plan, and Irrigation Plan, attached hereto as Exhibits “B”, “C”, “D” and
“E” and made a part hereof for all purposes, are hereby approved.
3 TM 48338.2.31511
SECTION 4. That the above property shall be used only in the manner and for the
purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as
heretofore amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance
with building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all
other provisions not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as
amended, in effect when the offense was committed and the former law is continued in effect
for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
4 TM 48338.2.31511
($2,000.00) for each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2011
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb [reviewed 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:
PLANNING
April 12, 2011
8/D
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-237R3-HC, QuikTrip, a zoning change 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 and authorizing the Mayor to sign.
On January 25, 2011, Council unanimously approved this ZONING
CHANGE (6-0).
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.
@PD-237R3-HC, QT ORD-1 AR (con)
1 TM 48649.2.4411
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM A
(AGRICULTURAL) 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, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, LANDSCAPE PLAN/TREE SURVEY,
ELEVATIONS, FLOOR PLAN AND MONUMENT SIGN EXHIBIT
ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E” AND “F”,
RESPECTIVELY; PROVIDING DEVELOPMENT REGULATIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of
the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to
the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all property owners generally, and to all persons interested and situated in the affected area
and in the vicinity thereof, the said governing body is of the opinion that Zoning Application
No PD-237R3-HC should be approved, and in the exercise of legislative discretion have
concluded that the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same is hereby amended to grant a change in zoning from A
(Agricultural) to PD-237R3-HC (Planned Development-237 Revision 3-Highway
2 TM 48649.2.4411
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 and being more particularly
described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to
the development regulations.
SECTION 2. That PD-237R3-HC is hereby approved subject to the following
development regulations:
A) The development of said structure and use as a convenience store and
gasoline service station (without automobile repairs, storage or dismantling
of motor vehicles) shall be in accordance with the Site Plan, Landscape
Plan/Tree Survey, Elevations, Floor Plan and Monument Sign Elevations,
as set forth in Section 3 of this ordinance.
B) Hours of operation shall be a maximum of 24 hours a day, seven days a
week.
C) Two internally illuminated can signs, each no larger than 13-square-foot
shall be allowed as depicted on the canopy elevations as set for the in the
canopy design elevation.
D) Canopy lighting shall be fully recessed so that no light fixture extends or is
otherwise visible below the canopy as viewed from the adjacent public
right-of-way.
E) A one-foot from natural grade berm with a three-foot hedge row shall be
installed and maintained along the frontages of South Belt Line Road and
future Dividend Drive.
3 TM 48649.2.4411
F) The attached signage on the convenience store shall comply with the
Zoning Ordinance, except as otherwise provided in this Section and the
general notes on the Site Plan and Monument Sign exhibit attached hereto
and made a part hereof as Exhibit F.
SECTION 3. That the Site Plan, Landscape Plan/Tree Survey, Elevations, Floor
Plan and Monument Sign Elevations attached hereto as Exhibits “B”, “C”, “D”, “E” and
“F”, and the notes contained therein, are made a part hereof for all purposes and are hereby
approved.
SECTION 4. That the above property shall be used only in the manner and for the
purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as
heretofore amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance
with building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all
other provisions not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Comprehensive Zoning Ordinance as a whole.
4 TM 48649.2.4411
SECTION 8. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as
amended, in effect when the offense was committed and the former law is continued in effect
for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______
day of ___________________, 2011
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS , CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb [reviewed only])
LEGAL DESCRIPTION
Being all that certain lot, parcel or tract of land situated in the J.L. Whitman Survey,
Abstract No. 1521 in the City of Coppell, Dallas, County, Texas and being a portion of
the same tract of land conveyed to Hackbelt 27 Partners, L.P., a Texas limited partnership
by Deed Recorded in Volume 2003167, Page 12149, Deed Records, Dallas County,
Texas, and being more particularly described as follows:
Commencing at a 1/2 inch iron rod found for corner, and being in the East line of S.
Beltline Road (a 120 foot right-of-way), and the most Northern Southwest corner of said
Hackbelt 27 Partners, L.P. tract; Thence North 00 Degrees 02 Minutes 27 Seconds East,
along the East line of said S. Beltline Road, a distance of 1532.33 feet to a 1/2 inch iron
rod set with yellow cap stamped C.B.G. Surveying, and being the most Northern corner
of the Intersection of the East line of said S. Beltline Road and the North line of Dividend
Drive (a 90 foot right-of-way), as recorded in Document No. 200900100537, Official
Public Records, Dallas County, Texas, and being the Point of Beginning;
Thence North 00 Degrees 02 Minutes 27 Seconds East, continuing along the East line of
said S. Beltline Road, a distance of 281.17 feet to a 1/2 inch iron rod set with yellow cap
stamped C.B.G. Surveying, and being in the most Northern South line of the remainder of
said Hackbelt 27 Partners, L.P. tract;
Thence South 89 Degrees 57 Minutes 33 Seconds East, along the most Northern South
line of said Hackbelt 27 Partners, L.P. tract, a distance of 298.82 feet to a 1/2 inch iron
rod set with yellow cap stamped C.B.G. Surveying;
Thence South 00 Degrees 02 Minutes 27 Seconds West, along the most Eastern West line
of the remainder of said Hackbelt 27 Partners, L.P. tract, a distance of 296.17 feet to a 1/2
inch iron rod set with yellow cap stamped C.B.G. Surveying, and being in the North line
of said Dividend Drive;
Thence North 89 Degrees 57 Minutes 33 Seconds West, along the North line of said
Dividend Drive, a distance of 283.82 feet to a 1/2 inch iron rod set with yellow cap
stamped C.B.G. Surveying, and being the beginning of a corner clip of the Intersection of
the East line of said S. Beltline Road and the North line of said Dividend Drive;
Thence North 44 Degrees 57 Minutes 33 Seconds West, along the North line of said
corner clip a distance of 21.21 feet to the point of beginning and containing 88,389
square feet or 2.02 acres of land.
EXHIBIT “A”
6
(
6
:
1
:
1
(
S. BELTLINE ROAD120' R.O.W.6
(21.21'DIVIDEND DRIVE(BY OTHERS)90' R.O.W.DOC. NO. 20070240528QuikTrip Store No. :969 SOUTH BELTLINE ROAD & DIVIDEND ROAD COPPELL, TXSITE PLAN201002040L.B.J. FREEWAYHackberry DrHorizon WayW. Royal LnRegent BlvdRegent BlvdL.B.J. FREEWAYS. Belt Line RdSITE North LakeNorth LakeLOCATION MAPSCALE: NTSAPDDividend DrLI
6
(
6
:
1
:
1
(
120' R.O.W.S. BELTLINE ROAD120' R.O.W.6
(21.21'DIVIDEND DRIVE(BY OTHERS)90' R.O.W.DOC. NO. 20070240528QuikTrip Store No. :969 SOUTH BELTLINE ROAD & DIVIDEND ROAD COPPELL, TXLANDSCAPE PLANAND TREE SURVEY201002040PHONE (972) 335-0889FRISCO, TEXAS 7503511914 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
K:\Projects\Div 08 Dallas\0969\Signage\0969 Custom Monument encasement.dwg, Sign Layout, 10/11/2010 4:02:53 PM, conley
EX
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
April 12, 2011
8/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1173R, AT&T Mobility, a zoning change from S-1173 (Special Use
Permit-1173) to S-1173R (Special Use Permit Revised-1173), to allow the co-location of antenna on the existing
monopole and additional cabinets at the base on 0.028 acres of property located at 1305 Wrangler Circle and
authorizing the Mayor to sign.
On March 8, 2011, Council unanimously approved this ZONING
CHANGE (6-0).
On February 17, 2011, the Planning Commission unanimously
recommended approval of this ZONING CHANGE (7-0), with no
conditions. Commissioners Goodale, Tankersley, Haas, Frnka,
Sangerhausen, Duncan and Kittrell voted in favor, none opposed.
Staff recommends APPROVAL.
@S-1173R, AT&TM ORD-1 AR (con)
1 TM 48339.2.31511
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM S-1173
(SPECIAL USE PERMIT-1173) TO S-1173R (SPECIAL USE
PERMIT REVISED-1173), TO ALLOW THE CO-LOCATION OF
ANTENNA ON THE EXISTING MONOPOLE AND ADDITIONAL
CABINETS AT THE BASE ON 0.028 ACRES OF PROPERTY
LOCATED AT 1305 WRANGLER CIRCLE, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, DETAIL SITE PLAN,
ELEVATION/ANTENNA ORIENTATION AND DETAILS,
ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, AND “E”
RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body
of the City of Coppell, Texas, in compliance with the laws of the State of Texas and
pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given
requisite notices by publication and otherwise, and after holding due hearings and
affording a full and fair hearing to all property owners generally, and to all persons
interested and situated in the affected area and in the vicinity thereof, the said governing
body is of the opinion that Zoning Application No. S-1173R should be approved, and in
the exercise of legislative discretion have concluded that the Comprehensive Zoning
Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same is hereby amended to grant a change in zoning
2 TM 48339.2.31511
from S-1173 (Special Use Permit-1173) to S-1173R (Special Use Permit Revised-
1173), to allow the co-location of antenna on the existing monopole and additional
cabinets at the base on 0.028 acres of property located at 1305 Wrangler Circle being
more particularly described in Exhibit “A” attached hereto and made a part hereof for
all purposes, subject to special conditions.
SECTION 2. That the Special Use Permit to allow the co-location of antenna
on the existing monopole and additional cabinets at the base is hereby approved,
subject to the following special conditions:
A) Except as amended herein, the property shall be developed in accordance with
Ordinance No. 91500-A-257, which is incorporated herein.
B) The site shall be developed in accordance with the regulations and Exhibits
“B” through “E” incorporated in Section 3 of this ordinance.
SECTION 3. That the Site Plan, Detail Site Plan, Elevation/Antenna
Orientation and Details, attached hereto as Exhibits “B”, “C”, “D” and “E”
respectively, and made a part hereof for all purposes, are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for
the purpose provided for by the Comprehensive Zoning Ordinance of the City of
Coppell, as heretofore amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance
with building regulations, zoning ordinances, and any applicable ordinances except as
may be specifically altered or amended herein.
3 TM 48339.2.31511
SECTION 6. That all provisions of the Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or
provision thereof other than the part so decided to be unconstitutional, illegal or invalid,
and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as
amended, in effect when the offense was committed and the former law is continued in
effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same penalty as provided
for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and upon conviction shall be punished by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense; and each and every day such
violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
4 TM 48339.2.31511
DULY PASSED by the City Council of the City of Coppell, Texas, this
the _______ day of ___________________, 2011
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb [reviewed 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:
Parks and Recreation
April 12, 2011
9
✔
PRESENTATION
Consider authorization of proceeding with a project to replace the Kid Country Playground with another Leathers
Playground unit, as requested by the Coppell Park Board.
See attached memo.
Staff recommends approval.
^Kid Country - 1 AR
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: April 12, 2011
To: Mayor and City Council
From: Brad Reid, Director
Re: Consider authorization of proceeding with a project to replace the Kid Country
Playground with another Leathers Playground unit, as requested by the Coppell
Park Board
Background:
The Coppell Park Board has designated a subcommittee of members to review the
prospect of replacing Kid Country Playground. This subcommittee has looked into the
problems associated with maintaining the existing Kid Country, considered the
implications of leaving the unit as it is today for the foreseeable future, explored
documentation and first hand accounts of the 1992 project to have Kid Country installed,
and gone through exhaustive research into what type of system the community will likely
demand in a replacement unit. This research included interviews with Leathers
Playground Company and Recreation Consultants of Texas (representatives of Landscape
Structures playground equipment), made site visits of local installations of each
playground type, and had consultations with staff.
After much deliberation, the subcommittee decided on another Leathers Playground
installation primarily because of the “community build” aspect of this type of
playground. A standard playground such as would be provided by Landscape Structures
has a number of qualities that are desirable, but ultimately do not offer the same
community aspect that the installation of a Leathers unit will provide. The subcommittee
took their recommendation to the full Board at their regular meeting on March 7, 2011,
and obtained unanimous approval of this recommendation.
With the endorsement of the Board, the subcommittee again presented the idea to the full
Board, along with the City Council at the joint meeting of April 4, 2011, at which time
the City Council instructed them to have representatives from Leathers Playground come
and introduce themselves, their process and display some proposed products to the
Council at a future meeting. Representatives from Leathers are available to attend the
regularly scheduled April 12 City Council meeting and will be prepared to discuss the
project with the City Council at that time.
City Council Action requested:
The Board requests that the Council endorse the continuation of the project planning,
utilizing Leathers Playground as the designers and project managers for the eventual
replacement of Kid Country.
Staff Recommendation:
Approval of this item.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
April 12, 2011
10
✔
PUBLIC HEARING
Consider approval of Case No. PD-250-H, Old Town Addition (Main Street), a zoning change request from H (Historic)
to PD-250-H (Planned Development-250-Historic), to establish a Conceptual Site/Landscape Plan for a mixed use
development on 23.12 acres of property located south of Bethel Road, north of Burns Road between Hammond and
South Coppell Roads, with no conditions.
On March 24, 2011, the Planning Commission recommended
approval of this ZONING CHANGE (4-1), with no conditions.
Commissioners Goodale, Frnka, Duncan and Kittrell voted in favor,
Commissioner Tankersley opposed. Vice-Chairman Haas, recused
himself due to a conflict of interest.
Staff recommends APPROVAL
@01 Old Town Add (MS)-1 AR
ITEM # 4
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-250-H, Old Town Addition - Main Street
P&Z HEARING DATE: March 24, 2011
C.C. HEARING DATE: April 12, 2011
STAFF REP.: Matt Steer, City Planner
LOCATION: South of Bethel Road, north of Burns Road between Hammond and South
Coppell Roads
SIZE OF AREA: 23.12 acres of property
CURRENT ZONING: H (Historic)
REQUEST: A zoning change to PD-250-H (Planned Development-250-Historic), to establish
a Concept Plan for a mixed use development.
APPLICANT: Applicant: Prospective Purchasers:
Mindi Hurley Charles Cotten & Greg Yancey
City of Coppell CSE Commercial Real Estate, LP
255 Parkway Blvd. 4956 N O’Connor Blvd
Coppell, Texas 75019 Irving, Texas 75062
Phone: (972) 304-3677 Phone: (469) 417-0100
Email: mhurley@coppelltx.gov Fax: (469) 417-0104
Architect:
Bill Peck
William Peck & Associates, Inc.
105 W. Main Street
Lewisville, Texas 75057
Phone: (972) 221-1424
Email: bill@peckarchitects.com
HISTORY: In January 2007, a portion (17 acres) of this property was rezoned to Historic and
the future land use plan was amended to allow for a continuation of the targeted
ITEM # 4
Page 2 of 5
uses outlined in the Old Coppell Master Plan - retail, offices, restaurants and
similar uses. In August 2010, a final plat of the entire property was approved.
This subdivided the subject property for the purpose of establishing street rights-
of-way and necessary infrastructure to support development. This resulted in a
total of seven blocks containing nine lots and seven different street segments.
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width right-of-
way. Freese and Nichols, a local engineering firm, has prepared the construction
plans, which are now 90% complete, showing variable right-of-way widths,
approximately 28 feet of concrete pavement width and intermittently spaced
angled parking. A small portion of Coppell Road, just north of Bethel Road, is
included within these plans.
The remainder of South Coppell Road, south of Bethel Road, is a two-lane 36-
foot undivided concrete roadway with 90 feet of right-of-way with angled on-
street parking on both sides.
Hammond and Burns Streets are two-lane undivided concrete roadways each with
60 feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North – office, retail, barber shop and beauty salon; H (Historic)
South – office/warehouse; LI (Light Industrial)
East – restaurant, residential, office and vacant land; H (Historic), PD-206-H (Planned
Development - 206- Historic), PD-108R8-H (Planned Development-108 Revision 8-
Historic)
West – office/warehouse; LI (Light Industrial)
COMPREHENSIVE PLAN: The Draft Comprehensive Plan is scheduled for Council adoption on
March 22, 2011. If approved, this shows the property suitable for
development in accordance with the Old Coppell Historic District Special
Area Plan. A sketch from the plan depicting this development has been
included as an attachment.
DISCUSSION: The purpose of a Conceptual Planned Development is to depict the overall plan
and present the general regulations each Detailed Planned Development will
follow. This proposed Conceptual Site/Landscape Plan portrays how this
property is envisioned to develop. The overall street layout, the proposed
streetscaping (on-street parking, tree wells, street lights, sidewalks) and the
location of each of the proposed land uses are outlined on this plan. As
mentioned in the HISTORY section, a Final Plat for the property was approved in
August 2010, resulting in a total of seven blocks containing nine lots and seven
different street segments. Exact lot dimensions and individual site details will be
required to be approved through the Detailed Planned Development process.
ITEM # 4
Page 3 of 5
Conceptual Site/Landscape Plan:
Main Street will be extended into the development from the existing W. Bethel
and S. Coppell Road intersection. This will be the main boulevard, or grand
entry, into the site. It will be a two-lane divided roadway with accent trees in the
median, angled on-street parking on both sides, and will provide a view corridor
into the center of F1 and F2 (Lot 1, Block E). These sites are planned to have two
sit-down restaurants each with a patio area. This will leave an unobstructed view
from Main Street south into the city property (Lot 2, Block E), which is proposed
to be developed with a pavilion to house the Farmer’s Market, an interactive
fountain, a play area and open space for various gatherings to take place
throughout the year. The City is working with the same architect as on this case,
William Peck & Associates Architects, to finalize the plan. As mentioned above,
a detailed planned development, including a site plan with exact dimensions,
landscaping/streetscaping, and elevations, will be required to be brought through
the planning process for approval prior to any construction taking place on any of
the proposed lots.
A breakdown of the envisioned land uses not already mentioned is as follows:
o P1 & P2 (Lot 1, Block A) were originally proposed for a detention area for
the whole tract. These parcels are now planned as general parking areas to
serve as overflow parking for the uses, primarily the restaurants.
o C11-13 (Lot 1, Block A) are small office-cottage type uses to be
constructed of craftsman style architecture of a scale appropriate with the
existing development in the area.
o C1-C4 (Lot 1, Block B) and C5-C10 (Lot 1, Block C) are currently
planned for the same type of office-cottages. In the event a third
restaurant would be developed, then C1-C4 would be used to
accommodate the structure and C5 & C6 would be used for additional
parking.
o R1-5 & S1-6 (Lot 1, Block D) on the west side of W. Main are planned for
retail type uses directly across from the square with more intense service
type uses on the western portion.
o PH1-16W & PH1-16E (Lot 1, Block F) and PH1-12S (Lot 2, Block G) are
planned for patio homes and will provide the residential component
necessary to help sustain the larger development. These will be alley
served with a 20-foot wide area of paving and a five-foot drive leading to
a two-car garage. The southern units will have landscaping on the south
side of the alley to help screen the residential uses from the higher
intensity uses south of Burns. Between the proposed units, the side yard
will consist of four feet on one lot and one foot on the other. This is
typical of a “zero-lot line subdivision” and an easement will need to be
dedicated between the units for the maintenance of each unit. This will be
further evaluated at the time the detail planned development and the replat
of the larger blocks are submitted.
o The area labeled “Future Public Use” (Lot 1, Block G) will be retained by
the City and the future use is undecided at this point.
ITEM # 4
Page 4 of 5
East and West Main Streets border the restaurant and pavilion sites with a one-
way drive and angled on-street parking. Houston and Travis Streets will connect
South Coppell Road with Hammond Street and will provide two connections
between East & West Main Streets; one north of the restaurants and one south of
the pavilion site. These are two-way streets with intermittent on-street parking on
both sides. Burnet Street will function more as a parking lot than a street, but will
provide a connection into a planned alleyway interior to Lot 1, Block C that will
serve the small office cottages to the rear. These will front onto both Houston and
Crockett Streets.
Phase One:
Within the executed contact between the city and the prospective purchaser, the
first phase of the project will consist of at least one retail service building on the
west side of the Town Square (Lot 2, Block E), one office cottage on the north
side of the Town Square and the initial phase of 16 units of patio homes fronting
on the Town Square. The purchaser has been in contact with Darling Homes and
anticipates building more than the required 16 in the first phase. Some pictures of
their product are attached to give an idea of the type of units they anticipate for
this location. These will need to be narrowed in order to fit on the proposed 30-
foot wide lots. The typical elevations will be required to be submitted with the
Detail Planned Development for this phase to ensure consistency with this
Conceptual Planned Development and the Historic District guidelines.
Parking:
The parking space dimension is proposed to be reduced to 9’ x 18’ in place of the
standard 9’ x 19’. Staff feels this is more appropriate, as the majority is angled
on-street parking which already has a substantial amount of paving associated
with it. The parking provided on the plan (both on-site and within the right-of-
way) is sufficient to accommodate all the proposed uses. A shared parking
agreement was executed between the City of Coppell and CSE Commercial
Development. This allows for all of the on-street parking to contribute toward
meeting the minimum parking requirements, except the parking along Burnet
Street. This was specifically excluded from the agreement in hopes that this
parking area, being central to Old Town, would contribute toward meeting the
parking required of new or existing businesses in the adjacent area.
Streetscaping:
This Conceptual Plan shows conceptual landscaping. Along the main entry,
“Little Gem” Magnolias with supplemental plantings of Indian Hawthorne,
Feather Grass, Harbour Dwarf Nandina, Knock Out Roses or compatible
plantings are planned for the median; Red Oaks for the parking row ends and Live
Oaks within the 5’ x 9’ tree wells (or equivalent overstory trees). These overstory
trees will be continued throughout the development in a consistent manner, except
for the area within the retail stretch on Lot 1, Block D. In this area, Savannah
Holly accent trees are planned to be used in the tree wells. By planting accent
rather than overstory trees, the storefronts will remain more visible and the trees
will not block future signage. The street lights will match those already found
within the district. A good example of the pole to be used is located on the
recently improved South Coppell Road.
ITEM # 4
Page 5 of 5
Draft Ordinance:
In the attached draft ordinance, several items are addressed that wouldn’t typically
be mentioned with other zonings, due to this being under the H District zoning
and the special regulations associated with it. Within the H District, certain land
uses, including residential, require a Special Use Permit, Now, under the PD
Zoning they won’t be required to obtain an S.U.P. Other, more intense, service
uses not fronting the town square will also not be required to obtain an SUP.
The majority are minor deviations from the ordinance. For example, although
different signage is allowed in the H District than would be allowed in the rest of
the city, signage painted directly on the building is specifically prohibited. This
Planned Development ordinance allows for this type of signage, as this can be
done tastefully and not detract from the project. In each phase of development, a
detail plan will be required prior to permitting to ensure these details are
appropriately designed.
Staff is recommending approval with no outstanding conditions.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Old Town Addition (Main Street) Conceptual Planned
Development with no outstanding conditions.
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 Site/Landscape Plan
2. Draft Planned Development Ordinance
3. Darling Patio Home Photos – Austin Waters
4. Special Area Plans – Old Coppell (Sketch from 2030 Comprehensive Plan)
SHEET 1
A-001SITE PLANMAIN STREET COPPELL, TEXAS WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number:
Date:
Scale:
Drawn:
Job:
REVISIONS
DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS03-17-2011N110'-0"70'-0"79'-0"50'-0"34'-0"
45'-0"
95'-0"50'-0"70'-0"50'-0"60'-0"50'-0"95'-0"50'-0"55'-0"40'-0"15'-1 1/4"
40'-0"55'-0"90'-0"40'-0"75'-0"40'-0"70'-0"40'-0"10'-10 3/4"45'-0"105'-0"72'-0"18'-0"2'-0"5'-5"2'-6"88'-1/4"15'-0"56'-10 3/4"44'-0"55'-2 1/4"71'-10 3/4"38'-3/4"71'-1 1/2"46'-1 1/4"25'-6"62'-1/4"83'-11 1/4"76'-7 1/4"58'-1/4"50'-0"53'-0"61'-6 1/2"95'-4"
56'-9 3/4"51'-10"53'-6 1/2"
10'-0"20'-0"95'-0"74'-3 3/4"68'-4 1/4"55'-2 1/2"20'-0"88'-10 3/4"
15'-1/2"
55'-8 3/4"45'-4 1/4"75'-2 1/4"87'-10"18'-0"22'-0"18'-0"18'-0"22'-0"18'-0"18'-0"25'-0"18'-0"18'-0"22'-0"22'-0"18'-0"25'-0"18'-0"79'-11"24'-11"79'-11"90'-0"101'-8 1/2"30'-0"20'-0"32'-0"33'-3 1/2"35'-11"35'-9 1/2"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"79'-11"24'-11"5'-1"79'-11"10'-0"24'-11" MAIN STREET
MAIN STREET
DEDICATED ALLEY
EXISTING
BUSINESS
RETAIL SERVICES
RETAILRETAILRETAILRETAIL
RETAIL
SERVICE SERVICE
COTTAGE
COTTAGE
COTTAGE
COTTAGE
COTTAGE
COTTAGE
COTTAGE COTTAGE
EXISTING BUILDINGS
(NOT IN SCALE,
VERIFY LOCATION)DEDICATED ALLEYENTRY
FEATURE
TRAVIS STREETHOUSTON STREETWEST BETHEL ROADSOUTH COPPELL ROAD
SERVICE SERVICE
SERVICE
SERVICE
RESTAURANT
PARKING (40)
COTTAGE COTTAGE COTTAGE
SWITCHGEAR
POLES
PATIO
RESTAURANT
PATIO
BURNET STREETCROCKETT STREET9 P.S.
14 P.S.
14 P.S.
RESTAURANT
FARMER'S MARKET
INTERACTIVE
FOUNTAIN
PLAY
AREA
E. MAIN STREET
PUBLIC RR,
JANITOR,
STORAGE WASTE
WASTE
W. MAIN STREET
20 PARKINGSPACES
OR
10 DOUBLE PARKING SPACES
14 P.S.
10 P.S.
10 P.S.
C 3C 4C 5
C 6
C 7
C 8
C 9
C 10
C 13C 12C 11
P 1
P 2
R 1R 2R 3R 4
R 5
S 6 S 5 S 4 S 3
S 1
S 2
F 2
F 1
9 P.S.
RESTAURANT
PARKING (40)
PAVILION
PH
1E
PH
2E
PH
3E
PH
4E
PH
5E
PH
6E
PH
7E
PH
8E
PH
9E
PH
10E
PH
11E
PH
12E
PH
13EPH
14E
PH
1W
PH
2S
PH
3S
PH
4S
PH
5S
PH
6S
PH
8S
PH
9S
PH
10S
PH
11S
PH
12S
PH
2W
PH
3W
PH
4W
PH
5W
PH
6W
PH
7W
PH
8W
PH
9W
PH
11W
PH
12W
PH
13W
PH
14W
COTTAGE
C 1C 2
GRASS
PAVERS
GRASS
PAVERS
GRASS
PAVERS
GRASS
PAVERS
ALLEYLT-1
BLK-E
LT-1
BLK-E
LT-1
BLK. C
LT-1
BLK. C
LT-1
BLK. C
LT-1
BLK. C LT-1
BLK. C
LT-1
BLK. C
LT-1
BLK. B
LT-1
BLK. B
LT-1
BLK. B
LT-1
BLK. B
LT-1
BLK-A
LT-1
BLK-A
LT-1
BLK-A
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LOADINGPH
10W
PH
15W
PH
16W
PH
15E
PH
16E
PH
7S
PH
1S
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-2
BLK-G
LT-1
BLK-A
LT-1
BLK-A
TOWN
SQUARE
LT-2
BLK-E
FUTURE
PUBLIC USE
LT-1
BLK-G
Parking Calculations:
The 40 parking spaces on Burnet Street were not used in the calculations, as these may be used
for other businesses within the H District in meeting their parking requirements.
Pad sites, C1-C4 may develop as a restaurant. If so, pad sites C5 & C6 will be used for parking.
Some of the properties may develop as medical offices. This was not included in the
calculations.
The parking figures are subject to change based on the exact square footage and type of proposed
use. The calculations have only been provided to demonstrate parking adequacy for the entire
conceptual plan.
Proposed
Land Use
Units & Area Parking
Requirement
Total
Required
Provided
On-site
Provided
On-street
Total
Provided
Patio Home 44 units 2.5 spaces:
Unit
110 88
(2 per unit)
56 144
Retail 20,500 sq. ft. 1 space: 200
sq. ft.
104 64 40 104
Professional
Office
48,460 sq. ft. 1 space: 300
sq. ft.
162 76 (58 + 2
per pad with
alley access)
86 162
Restaurant 20,000 sq. ft. 1 space: 100
sq. ft.
200 80 200 280
Total: --- --- 576 308 382 690
Parking Calculations:
The 40 parking spaces on Burnet Street were not used in the calculations, as these may be used
for other businesses within the H District in meeting their parking requirements.
Pad sites, C1-C4 may develop as a restaurant. If so, pad sites C5 & C6 will be used for parking.
Some of the properties may develop as medical offices. This was not included in the
calculations.
The parking figures are subject to change based on the exact square footage and type of proposed
use. The calculations have only been provided to demonstrate parking adequacy for the entire
conceptual plan.
Proposed
Land Use
Units & Area Parking
Requirement
Total
Required
Provided
On-site
Provided
On-street
Total
Provided
Patio Home 44 units 2.5 spaces:
Unit
110 88
(2 per unit)
56 144
Retail 20,500 sq. ft. 1 space: 200
sq. ft.
104 64 40 104
Professional
Office
48,460 sq. ft. 1 space: 300
sq. ft.
162 76 (58 + 2
per pad with
alley access)
86 162
Restaurant 20,000 sq. ft. 1 space: 100
sq. ft.
200 80 200 280
Total: --- --- 576 308 382 690
SCALE: 1" = 50'A CONCEPTUAL SITE PLAN
NOTES:
1.) TREE WELL DIMENSIONS ARE 5'X9'
2.) ALL PARKING SPACES ARE 9' X 18'CONCEPTUAL SITE / LANDSCAPE PLANPARKING CALCULATION NOTES
PGS DRAFT 12/14/09
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM “H” HISTORIC TO
PD-250-H (PLANNED DEVELOPMENT-250-HISTORIC) FOR THE
PROPERTY LOCATED IN OLD TOWN COPPELL ON THE SOUTH
SIDE OF BETHEL ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR
THE APPROVAL OF THE CONCEPTUAL SITE/LANDSCAPE PLAN
ATTACHED AS EXHIBIT “B”; PROVIDING FOR DEVELOPMENT
REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas, and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-250-H
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from “H” Historic to PD-250 “H”
(Planned Development-250 Historic), for the property located in Old Town Coppell and being
more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes.
PGS DRAFT 12/28/09
2
SECTION 2. The property shall be developed and used in accordance with the
following regulations:
A) Purpose. The purpose of this Planned Development is to provide for a
mixed use development within Old Town Coppell for the development of
approximately thirteen (13) retail office cottages built with craftsman
architectural style, a maximum of forty-four (44) town or patio homes,
eleven (11) retail service buildings, two (2) restaurants, private parking
and landscaping, to be anchored by the proposed Town Square.
B) Base Zoning District. The property shall be developed and used only in
accordance with Section 12-28A “H” Historic District regulations, except
as otherwise provided herein.
C) Permitted Uses.
1) Service, townhome or garden patio homes as depicted on the
Conceptual Site/Landscape Plan (Exhibit B) are allowed without a special
use permit.
2) The following uses are allowed in the service buildings that do not front
the Town Square without Special Use Permit: carpentry; painting,
plumbing or mechanical shops; private schools and related facilities;
office, limited warehouse and distribution with less than ninety percent
(90%) of the floor area in the service buildings.
3) A Special Use Permit shall not be required for sports, recreation and
entertainment uses indoors, commercial printing shop, equipment sales
and indoor amusement.
4) Restaurants and retail uses are allowed by right except for restaurants
and retail uses occupying more than 8,000 square feet of foundation area
(excluding patios) which require a special use permit.
5) Auto Parking Lots are allowed without need to obtain a special use
permit.
D) Area Regulations.
1) The structures along Coppell and Bethel Roads do not have to conform
to the existing setback pattern along the same street. The size and shape
PGS DRAFT 12/28/09
3
of new buildings are not required to be consistent with the general massing
of the existing “character defining” buildings.
2) Front yard: To be measured from back of curb, generally, 15-25 feet
total on public and private property comprising of:
a. Five feet to seven feet wide area of street trees, landscaping and
lighting.
b. Minimum five feet wide concrete sidewalk.
c. Five feet to ten feet wide area with plants and other amenities
(benches, trash receptacles, bike racks, etc., if appropriate).
d. The front yard may also contain a patio (outside of the sidewalk)
if a restaurant or similar use is proposed. A larger front yard is
permitted for institutional uses.
3) Side yard: Zero to ten feet maximum unless:
a. Adjacent to a roadway, then it shall be treated as a front yard
(this shall follow the same standards of construction as the primary
facade).
b. Adjacent to a residential district, then it shall equal the side yard
requirements of that residential district.
c. A fire lane or drive is included in the side yard, and then a side
yard can extend to the limits of such fire lane or drive.
4) Rear yard: No rear yard is required unless a nonresidential use is
adjacent to a residential zoning district, then a ten feet minimum landscape
buffer is required in accordance with section 12-33-1. Rear yards may
provide for parking.
5) Maximum building size: Building footprint may not exceed 8,000
square feet without a special use permit.
E) Parking Regulations.
1) Parking shall be in accordance with the off-street parking regulations of
Section 12-28A-4 of the Zoning Ordinance. Special considerations and
requirements specifically for PD-250-H are as follows:
a. Typical parking spaces shall be a minimum of nine-feet by
eighteen feet.
b. No parking area shall be allowed within five feet of the rear
property line when abutting a nonresidential district, unless such
parking abuts a private alley.
PGS DRAFT 12/28/09
4
c. Parking lots shall be screened through plantings of hedges,
shrubs, trees, or fences at edges and in medians within the parking
area, except those outside of view from public streets which shall
not require screening. The screening and landscaping of parking
areas shall be in accordance with Articles 33 and 12-34-8b,
respectively.
F) Landscaping and Screening.
1) Residential lots shall have a minimum of a five foot wide area of street
trees, landscaping and lighting.
2) No screening walls shall be required to separate land uses.
3) Trees planted in the parking islands shall be selected from the
Overstory trees listed in Table 1 Plant Palette of the Comprehensive
Zoning Ordinance. Trees located in the streetscape may be selected from
either Overstory trees or Accent trees.
4) The service court area for the retail and service buildings shall be
exempt from screening requirements for refuse storage and utility
equipment.
5) Screening may be evergreen landscape materials.
6) No screening is required for the townhomes or patio garden homes.
7) No screening is required of private parking areas not visible from the
public rights-of-way or located adjacent to private alleys.
8) No perimeter or interior landscaping areas shall be required when
located in a service court area.
9) Planting islands shall contain: (i) trees; and (ii) shrubs or groundcover.
10) If located within a visibility triangle, shrubs shall be less than 24
inches and trees shall have greater than 7 feet clearance from grade to the
bottom of the crown.
11) A landscape perimeter buffer shall not be required along interior
property lines or alleys.
PGS DRAFT 12/28/09
5
11) Streetscape trees shall be counted toward the required number of trees
required under the landscape ordinance in non-vehicular open space. No
other trees shall be required for Cottage, Retail or Service uses.
12) Trees in the streetscape may be either Overstory trees or accent trees.
If an accent tree is used then it shall be a Savannah Holly, Tree Yaupon,
Little Gem Magnolia, Crepe Myrtle or similar alternative.
13) Ground and wall mounted mechanical and utility equipment must be
screened from public rights of way and may be screened by evergreen
screening wall. No screening is required from adjacent properties.
14) Streetscape requirements of Sect. 12-28A shall not apply to Burns and
Hammond Streets.
15) Overstory trees shall be required for landscape islands.
G) Standards of Construction.
1) Driveways shall be located to the side or rear with garages sited in the
rear yards.
2) Building materials other than wood or brick may not include metal
siding but may include cement board.
3) Commercial buildings shall have a minimum of 60 percent glazed area
(windows and door openings) from floor to ceiling for ground floor
primary facades. Cottage buildings shall have doors and windows
appropriate for craftsman architecture.
4) Masonry may only be painted if intended for signage.
5) Roof form and pitch: Gable roof form shall not apply to retail or
services buildings which may use flat roofs or parapets.
6) Buildings having facades longer than those historically found in the
district may utilize vertically oriented bays or other vertical design
elements to break up the massing.
7) Window framing materials may be of aluminum or vinyl but must be
traditional in appearance and shall not have brushed or shiny aluminum or
other metal.
PGS DRAFT 12/28/09
6
8) Canopies/awnings: May be individually located within major bays or
may be continuous. Canopies may be wooden or metal and parallel with
the sidewalk. Awnings shall be angled and made of fabric (canvas) or
similar materials (sunbrella), or metal. Plastic is prohibited.
9) Shutters: Shall be of louvered wood, vinyl, fiberglass or metal
construction, and shall fit the window opening (so that if closed, they
would cover the window opening).
10) Foundations: May be raised and constructed of brick (brick veneer is
acceptable).
11) Gutters: Shall be half-rounded unless there is a flat roof, then box
drains may be used.
12) Electrical and gas meters and other mechanical equipment. Shall be
located on the rear or side facades and shall be screened from public
rights-of-way.
13) Walls of freestanding brick are not permitted in front yards but are
acceptable at rear yards and side yards not visible from the street unless at
the rear of retail or service buildings as indicated on the Conceptual
Site/Landscape Plan.
H) Sign Regulations.
1) Signs may be painted directly on the façade.
2) Pan signs may be installed on the facades if architecturally compatible
with the facade.
3) Projecting or hanging signs may be approved administratively by the
Director of Planning.
SECTION 3. The property shall be developed and used only in accordance with the
Conceptual Site/Landscape Plan attached as Exhibit “B”, and incorporated herein for all purposes,
and which are hereby approved.
PGS DRAFT 12/28/09
7
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
PGS DRAFT 12/28/09
8
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2011.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(PGS 12/28/09; 40960)
BWR |Urban Advisors| Frye Assoc.Key ConceptsKey ConceptsSpecial Area Plans – Old Coppell
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
April 12, 2011
11
✔
PUBLIC HEARING
Consider approval of Case No. PD-238R-HC, Coppell Office Village, a zoning change request from PD-238-HC
(Planned Development-238-Highway Commercial) to PD-238R-HC (Planned Development-238 Revised-Highway
Commercial), to revise the Detail Site Plan to allow a 40-square-foot internally illuminated acrylic monument sign with a
stone base on 2.02 acres of property located at 225 East S.H. 121.
On March 22, 2011, Council left open and continued the public hearing to the April 12, 2011, meeting (7-0).
On March 8, 2011, Council opened and continued the public hearing to the March 22, 2011, meeting (6-0).
See attached letter from Scott Abboud, Project Manager, dated February 23, 2011, appealing the Planning
Commission's decision to Council.
A 3/4 VOTE OF COUNCIL (6-7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF THIS ZONING
CHANGE.
On February 17, 2011, the Planning Commission unanimously denied
this ZONING CHANGE (7-0), as submitted. Commissioners Goodale,
Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in
favor of denial, none opposed.
Staff recommends DENIAL.
@02 PD-238R-HC, COV-1 AR
MEMORANDUM
DATE: April 5, 2011
TO: Mayor and City Council
FROM: Gary Sieb, Director of Planning
RE: PD-238-HC - Monument Sign Revision
On February 17th the Planning and Zoning Commission unanimously denied a request by
Terry Holmes for Coppell Office Village to revise the monument sign as approved with the
PD. The request was for an 18-square foot internally lit, acrylic, single tenant sign, over the
existing monument stone base.
On February 22, 2011 Council tabled this request until the April 12th meeting. During the
discussion on this case Council asked for a clarification of what was specifically being
requested in terms of material, colors, lighting, etc. Attached to this memo is the revised
request received by staff on April 5, 2011. This specifies that sign will be 23 square feet, the
material will be ½ inch-thick etched tempered glass, which will be edge-lit, with COR-TEN
steel letters attached to the face of the sign.
Staff cannot support this revised request based on:
• This sign is five square feet larger than the sign presented to the Planning and Zoning
Commission
• This is a Multi-Tenant sign, where P&Z reviewed a Single Tenant Sign
• The Sign Ordinance dictates that all fonts on a multi-tenant sign are required to the be
same, this proposal includes two font sizes
• The Sign Ordinance specifically prohibits internally-lit monument signs, which this
clearly is.
• Finally, staff has concerns with the COR-TEN steel letters. As stated in the applicant’s
letter, the COR-TEN steel letters will corrode and drip rust for approximately a year,
until it turns into the bronze color.
Although this is a PD, and variance to the ordinances can be granted, staff feels that this will
not be the aesthetically pleasing sign as portrayed by the applicant. In addition, it has a very
contemporary design that does not complement the existing office building nor the other
monument signs throughout the city.
ITEM # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-238R-HC, Coppell Office Village
P&Z HEARING DATE: February 17, 2011
C.C. HEARING DATE: March 8, 2011
STAFF REP.: Matt Steer, City Planner
LOCATION: 225 East S.H. 121
SIZE OF AREA: 2.02 acres of property
CURRENT ZONING: PD-238-HC (Planned Development-238-Highway Commercial)
REQUEST: A zoning change to PD-238R-HC (Planned Development-238 Revised-Highway
Commercial), to revise the Detail Site Plan to allow a 40-square-foot internally
illuminated acrylic monument sign with a stone base.
APPLICANT: Terry Holmes
Holmes Commercial
1445 MacArthur Drive
Carrollton, Texas 75007
Phone: (972) 242-1770
FAX: (972) 242-2931
Email: office@theholmesbuilders.com
HISTORY: On July 10, 2001, after several hearings before the Planning and Zoning
Commission, the City Council approved a site plan request for U-Haul
International to construct a 72,000 square-foot mini-storage facility on the subject
2.02 acres of property. On January 8, 2002, Council approved a minor Plat for
this property. That site plan approval expired in July 2003. On February 10, 2009,
Council approved a replat and detailed Planned Development (PD-238-HC)
consisting of a one-story, 23,200-square-foot office building. Subsequently, the
replat was filed and construction of this structure is nearing completion.
ITEM # 7
Page 2 of 3
TRANSPORTATION: State Highway 121 is built as a six-lane divided tollway. The subject tract is
adjacent to the eastbound one-way service road of this highway and consists of
three lanes of pavement.
SURROUNDING LAND USE & ZONING:
North- S.H. 121; Market Street, Bank, Whataburger & retail uses;
“PD-228-HC” Planned Development-228-Highway Commercial
South - Denton Creek Elementary & Middle School North; “SF-7”
Single Family 7
East - Denton Creek Elementary & Middle School North; “SF-7”
Single Family-7
West - Jack-in-the-Box restaurant; “HC” Highway Commercial
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as
suitable for regional retail uses.
DISCUSSION: This proposal to amend the detailed planned development was approved in
February 2009. Specifically, the proposal is to revise the design of the approved
monument sign with an internally illuminated ½-inch thick 2.3-foot x 7.8-foot
plastic monument sign on a 26-inch thick 1.8-foot x 9.5-foot stone base. The
lighting is proposed to shine up from the bottom of the plastic at the stone base,
illuminating the plastic but not the letters. This is a unique design that would
stand out to the motorist and might be deemed appropriate in a more urban or
modernistic setting that allows for a variety of signage.
As stated in the Zoning Ordinance, the purpose of a monument sign is to
communicate information in a safe, efficient manner, to provide a reference as to
the name of the development. It is not intended to advertise or distract the
motorist. The requirement that all monument signs be externally illuminated is
intended to provide an attractive, softer, more traditional appearance in keeping
with the “Old World” architecture of Coppell. The size of the monument signs on
lots two acres or more in size are: six-foot maximum height by ten-foot maximum
width. The materials permitted are brick and stone. A plastic can-sign with
internal illumination is specifically prohibited by the Zoning Ordinance. All and
all, this sign design, although unique, is not appropriate in Coppell.
The monument sign that was originally approved for this site is attached for your
reference. This utilizes the same stone and brick material as the building, has
black pin mounted letters and references the name of the development, not just
one or two tenants. Also, it is externally illuminated and fits in well with the site
and surrounding sites, just as the majority of monument signs do in Coppell.
At the Development Review Committee meeting with the applicant, it was
suggested that they submit multiple options for consideration, as this proposal
would not be supported by staff. At that meeting the applicant informed staff that
the proposed sign was to be different than the one submitted with the application.
ITEM # 7
Page 3 of 3
It was to be a two-tenant sign, not a single tenant. The applicant was asked to
revise the plans to correctly represent their exact proposal, to address some
technical comments from staff and to resubmit the following week. The
resubmittal still shows only a single tenant (although they are still proposing two
tenants) and no alternative sign proposals were given. The Fire Department
requested that the address be added to the sign and that too had not been revised
on the plans.
In summary, staff is recommending denial of this proposal based on the plastic
being internally illuminated and the design not being compatible with the other
retail/office monument signs found in Coppell. Staff recommends that the sign
originally approved with the PD be constructed. This showed the address and
“Coppell Office Village” in bronze pin-mounted letters.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of PD-238R-HC as submitted.
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. PD-238-HC, Approved Monument Sign
2. Amendment to PD-238-HC, Proposed Monument Sign
3. Dimension Control Plan
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
April 12, 2011
12
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-249R-SF-7, Royal Oaks, a zoning change from SF-12 and O (Single
Family-12 and Office) to PD-249R-SF-7 (Planned Development-249 Revised-Single Family-7), to allow the construction of
22 single-family homes on 5.16 acres of property located on the south side of Sandy Lake Road, between Heartz Road
and London Way and authorizing the Mayor to sign.
On March 8, 2011, Council approved this ZONING CHANGE (5-1).
On February 17, 2011, the Planning Commission recommended
approval of this ZONING CHANGE (6-1). In addition, the Commission
recommended an amendment to the Comp Master Plan that
reflected this land use change. (Since that time, Council approved the
Comp Master Plan which reflected this change). Commissioners
Goodale, Tankersley, Haas, Frnka, Sangerhausen, and Kittrell voted in
favor, Commissioner Duncan voted in opposition.
Staff recommends APPROVAL.
@03 PD-249R-SF-7, RO ORD-1 AR
1 TM 48378.2.31711
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM SF-12 AND O (SINGLE
FAMILY-12 AND OFFICE) TO PD-249R-SF-7 (PLANNED
DEVELOPMENT-249 REVISED-SINGLE FAMILY-7), TO ALLOW THE
CONSTRUCTION OF 22 SINGLE-FAMILY HOMES ON 5.16 ACRES OF
PROPERTY LOCATED ON THE SOUTH SIDE OF SANDY LAKE
ROAD, BETWEEN HEARTZ ROAD AND LONDON WAY, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE
APPROVAL OF THE ZONING EXHIBIT/SITE PLAN, SITE PLAN WITH
FENCING ELEVATIONS, TREE SURVEY AND LANDSCAPING PLAN,
ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E”;
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body
of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to
the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally, and to all persons interested and situated in the affected area and in
the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-
249R-SF-7 should be approved, and in the exercise of legislative discretion have concluded that
the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore
amended, be and the same is hereby amended by granting a change in zoning from SF-12 and O
(Single Family-12 and Office) to PD-249R-SF-7 (Planned Development-249 Revised-Single
Family-7), to allow the construction of 22 single-family homes on 5.16 acres of property
2 TM 48378.2.31711
located on the south side of Sandy Lake Road, between Heartz Road and London Way, for the
property described in Exhibit “A” attached hereto and made a part hereof for all purposes.
SECTION 2. That PD-249R-SF-7 (Planned Development-249-Revised-Single Family
- 7) is hereby approved subject to the following development regulations:
A. Use regulations.
A building or premise shall be used only for the following purposes:
1. Any use permitted in the "SF-7" district, as provided in the Code of
Ordinances, except as herein amended.
2. Home occupation, as defined in the Coppell Code of Ordinance.
B. Maximum height regulations.
The maximum height regulations will be 35 feet nor more than two and one-
half stories high, whichever is less.
C. Area regulations.
1. Minimum size of yards as shown on the Zoning Exhibit/Site Plan,
Exhibit “B” of this Ordinance, as provided herein:
(A) Front yard setbacks shall be a minimum of 20 feet, except:
a. a minimum of 25 feet shall be provided on Lots 1, 2, 3,
17, 19, and 21, and
b. a minimum of 15 feet shall be provided on the eyebrow
portion of Lot 11.
(B) Side yard setbacks shall be a minimum 7.5 feet, except:
a. a minimum of 10 feet on Lots 3, 4, 16, 22, and
b. a minimum of 15 feet on Lots 6 & 7, abutting Sandy
Lake Road and,
c. a minimum of 20 feet on Lots 1 & 17 Sandy Lake Road.
(C) Rear yard setbacks shall be a minimum of 20 feet, except:
a. a minimum of 15 feet on Lots 1, 2, 3, 6, 11, 12, 13, 14,
17, 19, 21 and 22.
2. Minimum size of lot:
(A) Lot area shall be a minimum of 7,000 square feet.
(B) Lot width shall be a minimum of 65 feet.
3 TM 48378.2.31711
(C) Lot depth shall be a minimum of 100 feet.
3. Minimum dwelling size: 2,000 square feet, exclusive of garages,
breezeways and porches.
4. Maximum lot coverage: 50 percent of the total lot area may be covered
by the combined area of the main buildings and accessory buildings.
D. Parking/Driveway regulations.
1. Two enclosed parking spaces shall be provided behind the front yard set
back line.
2. Circular Driveways shall be provided on the Lots 1, 2 and 3 or any other lot
which front Heartz Road.
E. Type of exterior construction.
1. 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.
2. 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.
F. Tree Retribution.
1. A Tree Removal Permit shall be required prior to the removal of any trees.
G. Homeowners Association
1. The Homeowners Association shall maintain the landscaped buffer areas
along all perimeter walls and entryways.
2. The screening wall and entry features or any other common area or amenity
feature shall be maintained by the Homeowners Association.
3. Homeowners Association documents shall be submitted, reviewed and
approved by the City in accordance with the Code of Ordinances.
I. Park development fees
1. Park development fees in the amount of $1,285 per lot shall be assessed
prior to Final Plat filing.
SECTION 3. That the property shall be developed and used in accordance with the SF-7
(Single Family -7) development standards under the Coppell Zoning Ordinance, except as
4 TM 48378.2.31711
amended in the development regulations provided herein and as indicated on the Zoning
Exhibit/Site Plan, Site Plan with Fencing Elevations, Tree Survey and Landscaping Plan
attached hereto as Exhibits “B”, “C”, “D”, and “E”; and made a part hereof for all purposes, are
hereby approved.
SECTION 4. That the property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended,
in effect when the offense was committed and the former law is continued in effect for this
purpose.
5 TM 48378.2.31711
SECTION 9. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive
Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense;
and each and every day such violation shall continue shall be deemed to constitute a separate
offense.
SECTION 10. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ___________________, 2011.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
April 12, 2011
13
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Economic Development Agreement by and between the City of Coppell and Jet Line
Products Texas, L.L.C., and authorizing the Mayor to sign.
Jet Line Products Texas, L.L.C. is currently located at 850 Freeport Parkway. In an effort to help retain Jet Line Products
Texas in the City of Coppell, the Economic Development Committee unanimously recommended a 20% rebate of the
City's 1% of sales tax collected for the general fund for a period of 2 years.
Staff recommends approval.
!Jet Line Eco Dev Agreement
MEMO
Date: April 12, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Jet Line Products
Jet Line Products Texas, L.L.C. is currently located at 850 Freeport Parkway. In an effort
to help retain Jet Line Products Texas in the City of Coppell, the Economic Development
Committee unanimously recommended a 20% rebate of the City's 1% of sales tax
collected for the general fund for a period of 2 years.
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 1 43137
STATE OF TEXAS §
§ Economic Development Agreement
§
COUNTY OF DALLAS §
This Economic Development Incentive Agreement (“Agreement”) is made by and
between the City of Coppell, Texas (the “City”), and Jet Line Products Texas, L.L.C., a domestic
limited liability company (“Company”), acting by and through their respective authorized officers.
Recitals:
WHEREAS, Company is the owner of the building located at 850 Freeport Parkway,
Coppell, Texas (hereinafter defined as the “Improvements”), and intends to continue to occupy
the Improvements for a period of at least two (2) years beginning on the Commencement Date;
and
WHEREAS, the Company has advised the City that a contributing factor that would
induce the Company to continue to occupy the Improvements and to retain its existing operations
at the Improvements would be an agreement by the City to provide an economic development
grant to the Company as set forth herein; and
WHEREAS, the City has adopted programs for promoting economic development; and
WHEREAS, the City is authorized by Article 52-a Texas Constitution and Chapter 380
of the Texas Local Government Code to provide economic development grants to promote local
economic development and to stimulate business and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Company in accordance with this Agreement will further the objectives of the City, will benefit
the City and the City’s inhabitants and will promote local economic development and stimulate
business and commercial activity in the City;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Article I
Term
This Agreement shall be effective on the last date of execution hereof (“Effective Date”)
and shall continue until the Expiration Date, unless sooner terminated as provided herein.
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 2 43137
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
“Annual Grants” shall mean two (2) annual grants each in the amount equal to
twenty percent (20%) of the Sales Tax Receipts for the applicable Grant Period to be paid
the Company as set forth herein.
“City” shall mean the City of Coppell, Texas.
“Commencement Date” shall mean April 1, 2011.
“Company” shall mean Jet Line Products Texas, L.L.C., a domestic limited
liability company.
“Consummated” shall have the same meaning assigned by Texas Tax Code,
Section 321.203, or its successor.
“Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of
a party’s existence as a going business, insolvency, appointment of receiver for any part
of such party’s property and such appointment is not terminated within ninety (90) days
after such appointment is initially made, any general assignment for the benefit of
creditors, or 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.
“Expiration Date” shall mean the second (2nd) anniversary date of the
Commencement Date.
“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, government or de facto governmental action (unless caused by the
intentionally wrongful acts or omissions of the party), fires, explosions or floods, strikes,
slowdowns or work stoppages.
“Grant Period” shall mean a full calendar year, except that the first Grant Period
shall be from the first day of the first full calendar month following the Commencement
Date through and including December 31 of such calendar year.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes,
charges, excises, license and permit fees, and other charges by public or governmental
authority, general and special, ordinary and extraordinary, foreseen and unforeseen,
which are or may be assessed, charged, levied, or imposed by any public or governmental
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 3 43137
authority on the Company or any property or any business owned by Company within the
City.
“Improvements” shall mean the building located at 850 Freeport Parkway, Coppell,
Texas 75019.
“Payment Request” shall mean a written request from Company to the City for
payment of an Annual Grant accompanied by the Sales Tax Receipt for the applicable Grant
Period.
“Required Use” shall mean the Company’s continuous operation of a full line
wholesale distributor of pool supplies and equipment open for business and serving the
public.
“Sales and Use Tax” shall mean the City one percent (1%) sales and use tax
imposed by the City pursuant to Chapter 321, Texas Tax Code on the sale of Taxable
Items by the Company Consummated in the City at the Company’s place of business at
the Improvements.
“Sales Tax Certificate” shall mean a report provided by the State of Texas to the
City in accordance with Texas Tax Code, Section 321.3022 (or other applicable provision
of the Texas Tax Code), which lists the amount of Sales and Use Tax paid (including any
refunds, credits or adjustments) received by the City from the State of Texas from the
sale of Taxable Items by the Company Consummated at the Company’s place of business
at the Improvements for the applicable Grant Period, or if such report is not available, a
certificate or other statement, containing the information required as set forth herein, in a
form provided by the Company reasonably acceptable to the City setting forth the
collection of Sales and Use Tax (including any refunds, credits or adjustments) by the
Company received by the City from the State of Texas, for the sale of Taxable Items by
the Company Consummated at the Company’s place of business at the Improvements for
the applicable Grant Period, which are to be used to determine eligibility of the Company
for the Annual Grants, together with such supporting documentation required herein, and
as the City may reasonably request.
“Sales Tax Receipts” shall mean the City’s receipts from the State of Texas from
the collection of the Sales and Use Tax (it being expressly understood that the City’s one
percent (1%) sales and use tax receipts are being used only as a measurement for its
participation through the use of general funds), as a result of sale of Taxable Items by
Company for the applicable Grant Period consummated at the Company’s place of
business at the Improvements. Sales Tax Receipts do not include any sales and use tax
imposed by City for the benefit of the Coppell Recreation Development Corporation,
pursuant to the Development Corporation Act, Chapters 501-505 of the Texas Local
Government Code, or sales and use tax imposed by the City for crime control or street
maintenance.
“State of Texas” shall mean the Office of the Texas Comptroller, or its successor.
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 4 43137
“Taxable Items” shall mean both “taxable items” and “taxable services” as those
terms are defined by Chapter 151, Texas Tax Code, as amended.
Article III
Economic Development Grant
3.1 Sales Tax Grant. (a) Subject to the obligation of the Company to repay the Annual
Grants pursuant to Section 5.2 hereof and the continued satisfaction of all the terms and conditions
of this Agreement, the City agrees to provide Company with two (2) Annual Grants. The Annual
Grants shall be paid within sixty (60) days after receipt of a Payment Request following April 1 of
each applicable Grant Period. Each Payment Request shall be submitted to the City not later than
April 1 of each calendar year.
(b) For illustration purposes assume the Commencement Date is April 1, 2011, in
which case the first Grant Period would begin May 1, 2011 and end December 31, 2011, and the
first Annual Grant would be paid within sixty (60) days after City’s receipt of the Payment Request
following April 1, 2012. The amount of the first Annual Grant shall be equal to twenty percent
(20%) of the Sales Tax Receipts for the period beginning with May 1, 2011 through and including
December 31, 2011.
3.2 Current Revenue. The Annual Grants made hereunder shall be paid solely from
lawfully available funds that have been appropriated by the City. Under no circumstances shall
City’s obligations hereunder be deemed to create any debt within the meaning of any
constitutional or statutory provision. The Grant shall be paid solely from annual appropriations
from the general funds of the City or from such other funds of the City as may be legally set
aside for such purpose consistent with Article III, Section 52(a) of the Texas Constitution.
Further, City shall not be obligated to pay any commercial bank, lender or similar institution for
any loan or credit agreement made by Company. None of the City’s obligations under this
Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or
similar financial institution.
Article IV
Conditions to Annual Grants
The obligation of the City to pay the Annual Grants shall be conditioned upon the
compliance and satisfaction by the Company of the terms and conditions of this Agreement and
each of the conditions set forth in Article IV.
4.1 Payment Request. The Company shall, as a condition precedent to the payment of
each Annual Grant, provide the City with the applicable Payment Request.
4.2 Good Standing. The Company shall not have an uncured breach or default of
this Agreement.
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 5 43137
4.3 Sales Tax Certificate. As a condition to the payment of each Annual Grant
hereunder, City shall have received a Sales Tax Certificate for the applicable Grant Period for
which payment of an Annual Grant is requested. Beginning April 1, of the calendar year
immediately following the first Grant Period and continuing on April 1, of each calendar year
thereafter that this Agreement is in effect, the Company shall provide the City with a Sales Tax
Certificate for the applicable Grant Period. The City shall have no duty to calculate the Sales
Tax Receipts or determine the entitlement of the Company to any Annual Grant, or pay any
Annual Grant during the term of this Agreement until such time as Company has provided the
City a Sales Tax Certificate for the applicable Grant Period. The City may but is not required to
provide Company with a form for the Sales Tax Certificate required herein. At the request of the
City, the Company shall provide such additional documentation as may be reasonably requested
by City to evidence, support and establish the Sales and Use Tax paid and collected (including
sales and use tax paid directly to the State of Texas pursuant to a direct payment permit) by
Company for the sale of Taxable Items by Company Consummated at the Company’s place of
business at the Improvements and received by City from the State of Texas. The Sales Tax
Certificate shall at a minimum contain, include or be accompanied by the following:
a. A schedule detailing the amount of the Sales and Use Tax collected and paid to
the State of Texas as a result of the sale of Taxable Items by Company
Consummated at the Company’s place of business at the Improvements for the
previous ending Grant Period;
b. A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Company for the previous ending Grant Period
showing the Sales and Use Tax collected (including sales and use tax paid
directly to the State of Texas pursuant to a direct payment certificate) by
Company for the sale of Taxable Items Consummated at the Company’s place of
business at the Improvements;
c. A copy of all direct payment and self-assessment returns, including amended
returns, filed by Company for the previous ending Grant Period showing the Sales
and Use Tax paid for the sale of Taxable Items by Company Consummated at the
Company’s place of business at the Improvements;
d. Information concerning any refund or credit received by Company of the Sales or
Use Taxes paid or collected by Company (including any sales and use tax paid
directly to the State of Texas pursuant to a direct payment permit) which has
previously been reported by Company as Sales and Use Tax paid or collected;
e. A schedule detailing the total sales of Taxable Items by Company Consummated
at the Company’s place of business at the Improvements for the previous ending
Grant Period.
City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax
Certificate.
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 6 43137
4.4 Required Use. During the term of this Agreement and following the
Commencement Date and continuing thereafter until the Expiration Date, the Improvements shall
not be used for any purpose other than the Required Use, and the operation and occupancy of the
Improvements in conformance with the Required Use shall not cease for more than thirty (30)
continuous days except in connection with, and to the extent of an event of Force Majeure.
4.5 Continuous Ownership and Occupancy. During the term of this Agreement
and following the Commencement Date and continuing until the Expiration Date, the Company
shall continuously own and occupy the Improvements.
4.6 Adjustments. In the event the Company files an amended sales and use tax
return, or report with the State of Texas, or if additional Sales and Use Tax is due and owing, as
determined or approved by the State of Texas, affecting Sales Tax Receipts for a previous Grant
Period, the Annual Grant payment for the Grant Period immediately following such State of
Texas approved amendment shall be adjusted accordingly provided the City has received Sales
Tax Receipts attributed to such adjustment. As a condition precedent to payment of such
adjustment, the Company shall provide the City with a copy of any such amended sales and use
tax report or return, and the approval thereof by the State of Texas.
4.7 Refunds. In the event the State of Texas determines that the City erroneously
received Sales Tax Receipts, or that the amount of Sales and Use Tax paid to the City exceeds the
correct amount of Sales and Use Tax for a previous Grant Period, for which the Company has
received an Annual Grant, the Company shall, within thirty (30) days after receipt of notification
thereof from the City specifying the amount by which such Annual Grant exceeded the amount to
which the Company was entitled pursuant to such State of Texas determination, repay such amount
to the City. The City may at its option adjust the amount of the Annual Grant for the Grant Period
immediately following such State of Texas determination. As a condition precedent to payment of
such refund, the City shall provide Company with a copy of such determination by the State of
Texas. The provisions of this Section 4.7 shall survive termination of this Agreement.
Article V
Termination; Repayment
5.1 Termination. This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) Expiration Date;
(c) by either party in the event the other party breaches any of the terms or
conditions of this Agreement and such breach is not cured within thirty
(30) days after written notice thereof;
(d) by City, if Company suffers an Event of Bankruptcy or Insolvency;
(e) by City, if any Impositions owed to the City or the State of Texas by
Company shall become delinquent (provided, however, the Company retains
the right to timely and properly protest and contest any such Impositions); or
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 7 43137
(f) by either party, if any subsequent Federal or State legislation or any
decision of a court of competent jurisdiction declares or renders this
Agreement invalid, illegal or unenforceable.
5.2 Repayment. In the event the Agreement is terminated by City pursuant to Section
5.1(c), (d), (e), or (f), the Company shall immediately repay to the City an amount equal to the
Annual Grants previously paid by the City to the Company as of the date of termination, plus
interest at the rate periodically announced by the Wall Street Journal as the prime or base
commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to
announce a prime or base lending rate, then at the annual rate of interest from time to time
announced by Citibank, N.A. (or by any other New York money center bank selected by the
City) as its prime or base commercial lending rate, which shall accrue from the date of the Grant
Payment until paid.
5.3 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
Company, 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.
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and assigns of the parties hereto. This Agreement may not be assigned
without the express written consent of the City Manager.
6.2 Limitation on Liability. It is understood and agreed between the parties that the
Company, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes
of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the
Company’s failure to perform its obligations under this Agreement.
6.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
6.4 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 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 if sent by courier or otherwise hand delivered.
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 8 43137
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
If intended for Company:
Attn: Brett Epstein, President
Jet Line Products Texas, L.L.C.
850 Freeport Parkway, Suite 200
Coppell, Texas 75019
6.6 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The Agreement shall be governed by the laws of the State of
Texas, and venue for any action concerning this Agreement shall be in the State District Court of
Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction
of said Court.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
6.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention
of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or
unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable
and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
Coppell/Jet Line Products Texas, L.L.C. - Economic Development Agreement – Page 9 43137
6.13 Employment of Undocumented Workers. During the term of this Agreement the
Company agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Company shall repay the amount of the Annual
Grants and any other funds received by the Company from the City as of the date of such violation
within 120 business days after the date the Company is notified by the City of such violation, plus
interest at the rate of 6% compounded annually from the date of violation until paid. The Company
is not liable for a violation of this section in relation to any workers employed by a subsidiary,
affiliate, or franchisee of the Company or by a person with whom the Company contracts.
EXECUTED on this _______ day of _____________________, 2011.
CITY OF COPPELL, TEXAS
By:
Douglas N. Stover, Mayor
Attest:
By:
Christel Pettinos, City Secretary
Approved as to Form:
By:
Peter G. Smith, City Attorney
EXECUTED this the _________ day of ______________________, 2011.
JET LINE PRODUCTS TEXAS, L.L.C.
By:
Brett Epstein
President
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 12, 2011
14
✔
DISCUSSION
Discussion regarding reducing Deforest Road to one lane eastbound from MacArthur Blvd. to Allen Road for the
duration of the construction project.
This is information describing the various detours and traffic routing that will take place during the reconstruction of
Deforest Road.
Staff will be available to answer any questions at the Council meeting.
Staff recommends approval of this lane closure.
#One Way Deforest Road
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: April 12, 2011
REF: Discussion regarding reducing Deforest Road to one lane eastbound from
MacArthur Blvd. to Allen Road for the duration of the construction project.
For some time, the City of Coppell has been working on the redesign of Deforest Road from
MacArthur Blvd. east to the Windsor Estates subdivision. The Deforest Road project consists of
the removal of the existing asphalt roadway and the construction of a new concrete street with
improved drainage and sidewalks on both sides. There will also be a signal light constructed at
the intersection of Deforest Road and MacArthur Blvd.
Because of the narrow width of the existing roadway and the existing development, there is very
little room available to construct enough roadway to maintain two way traffic. Therefore, during
the duration of the project, Deforest Road will be one-way from MacArthur Blvd. east to Allen
Road. The eastbound direction was chosen because of the need to quickly gain access to the area
during emergency responses.
With this agenda item, an Exhibit has been provided to show the detour during construction.
Basically, residents on the north side of Deforest Road between MacArthur Blvd. and Allen
Road will be required to head east to Lake Forest Road or Allen Road to exit the area during
construction. They will use Deforest Road eastbound to return to their property.
It is anticipated that this project will begin this summer. All right of way has been acquired for
this project and utilities have been relocated. A letter with a detour route will be mailed to each
resident in the area generally north of Deforest Road, along Lake Forest Road and Allen and in
Windsor Estates.
The tricky part of this construction will actually be the stretch of Deforest Road between Allen
Road and Windsor Estates. There is a need to maintain two-way traffic on that stretch of the
roadway so residents in Windsor Estates can both exit and return to their subdivision. However,
there is not adequate room in the current right of way to build two lanes of travel. There are
several alternatives that will be explored with the lowest responsible bidder. One is the
installation of temporary traffic signals at Windsor Estates and at Allen Road that would control
direction of traffic on the roadway. This approach has recently been successfully used on several
projects in neighboring communities. The other option that could be available to the lowest
responsible bidder would be to obtain a temporary easement from the property owners on the
north side of Deforest Road to build an additional lane of asphalt on their private property during
construction. The contractor would need to negotiate with the property owners to gain approval
for this option and then return the area to as good or better condition after construction. To
expedite the construction of Deforest Road, the City is offering a bonus. If the section between
Allen Road and Windsor Estates is re-opened to two-way traffic within 28 calendar days, the
contractor will receive a bonus of $24,000. If the road is not open to two-way traffic within 28
calendar days, then the contractor will begin incurring a $2000 a day liquidated damages. There
is no limit on the amount of liquidated damages. Also, the overall project has an incentive bonus
to expedite construction because of the inconvenience of the one way traffic on Deforest Road.
The City of Coppell Code of Ordinances, Section 8-2-13 “Authority to temporary close streets”
allows the City Manager or his designee to temporary close streets during construction so long as
adequate notification is provided prior to the closing of any streets or portion thereof.
The agenda item this evening is presented for purposes of public notification concerning the
future construction of Deforest Road and the need to temporarily make it one way during
construction. As previously stated, individual letters will also be mailed to affected property
owners along with information in the Water Bill insert, and on the City’s website.
Staff will be available to answer any questions at the Council meeting.
Deforest Road ReconstructionCity of Coppell Project ST05-01Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\ST05-01 Deforest\dwg\CC Exhibits\ST05-01 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall
DDDCreated in AutoCAD1 INCH = 500 FEET0500250S:\CAD\In_Design\ST05-01 Deforest\dwg\CC Exhibits\ST05-01 CC EXHIBITS.dwgCreated on: 6 April 2011 by George MarshallDeforest Road ReconstructionCity of Coppell Project ST05-01
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 12, 2011
15
✔
DISCUSSION
Discussion regarding restricting access through the Belt Line Road, Denton Tap Road and Southwestern Blvd.
intersection for the reconstruction of the intersection with stamped concrete.
In order to remove and replace the pavers at the intersection of Belt Line Road/Denton Tap Road/Southwestern Blvd.,
the City of Coppell will need to temporarily close various lanes of traffic in all directions to allow for construction. At
least one lane of traffic will be allowed north and south on Denton Tap Road/Belt Line Road at all times.
Staff will be available to answer any questions at the Council meeting.
Staff recommends approval of this intersection closure.
#D. Tap-Belt Line intersec. closure
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: April 12, 2011
REF: Discussion regarding restricting access through the Belt Line Road, Denton
Tap Road and Southwestern Blvd. intersection for the reconstruction of the
intersection with stamped concrete.
Staff has been working on the design to remove and replace the pavers at the intersection of Belt
Line/Denton Tap/Southwestern and reconstruct the intersection similar to the one at Sandy Lake
and Denton Tap Road. It is anticipated that the project will be bid sometime during April 2011,
so the successful responsible low bidder will be able to start work in the early summer. This will
allow completion prior to the start of school in August 2011.
The closure will be very similar to the one employed at the intersection of Sandy Lake and
Denton Tap Road last summer. At least one lane of traffic will be allowed north and south on
Denton Tap/Belt Line at all times. In an effort to expedite the traffic movement, the traffic
signal operation will be manipulated to provide mostly green time for the north and south
movement. The incoming traffic from E. Belt Line Road headed westbound from MacArthur
Blvd. would be detoured at Sanders Loop down to the intersection of Sanders Loop and S. Belt
Line Road. Because that intersection is not signalized, it would be very difficult for vehicles to
merge into the traffic; therefore, temporary traffic signals will be placed at the intersection of
Sanders Loop and S. Belt Line Road to allow traffic from Sanders Loop to enter S. Belt Line
Road. This traffic signal will be coordinated with the one immediately south at the intersection
of Airline Drive and S. Belt Line Road to allow for an orderly progression of traffic. Traffic that
is normally on Southwestern Blvd. will begin being re-routed at the intersection of Southwestern
and Freeport Parkway, either north to Bethel Road or south to Airline Drive. Traffic headed
southbound on Coppell Road and any traffic generated by the businesses along Southwestern
Blvd., between Coppell Road and Denton Tap Road, will be detoured west to Freeport Parkway
and again north or south to Bethel Road or Airline Drive.
It is anticipated that this project will take approximately the same time as the one at Sandy Lake
and Denton Tap Road, given good weather during the course of the project. Last summer, we
were fortunate that there were very few rain events and no rain events that entirely shut down
work during the construction. The goal is to have all contracts in place prior to June 6, 2011 and
the intersection open prior to the start of school in August. This project will be incentivized with
bonuses to encourage the expediting of the construction.
Staff will be available to answer any questions at the Council meeting.
Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall
Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 50 FEET05025S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall
Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall
Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 1000 FEET01000500S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall
Belt Line & Denton TapBrick Paver ReplacementCity of Coppell Project MA10-06Created in AutoCAD1 INCH = 100 FEET010050S:\CAD\In_Design\MA10-06 DT-BL Brick Paver\dwg\CC Exhibits\MA10-06 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Engineering
April 12, 2011
16
✔
CONTRACT/BID or PROPOSAL
Consider approval of Contract Amendment Number 2 in the amount of $73,200.00 to the Freese and Nichols, Inc.
design contract for improvements in the Old Town Coppell area; and authorizing the City Manager to sign any
necessary documents.
Approval will allow the consultant to merge the section of Bethel Road from Freeport Parkway to Michell Road into
the Old Town Coppell construction plans. This will allow the construction of Bethel Road through the Old Town with
the construction of the Old Town Improvement project.
Funds for this contract amendment will need to be provided by General Fund Undesignated Fund Balance.
Staff recommends approval of the contract amendment #2.
#Amendment #2 Old Town
1
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: April 12, 2011
REF: Consider approval of Contract Amendment Number 2 in the amount of
$73,200.00 to the Freese and Nichols, Inc. design contract for improvements
in the Old Town Coppell area; and authorizing the City Manager to sign any
necessary documents.
At the February 9, 2010 Council meeting, Council awarded a design contract to Freese &
Nichols, Inc. for the design of improvements in Old Town Coppell. The original design contract
included the design of the main road heading south from Bethel Road, the intersection of Bethel
and Coppell Road, the ring road around the future site of the Farmer’s Market, and one
connection to South Coppell Road. It also included the design of all water, sewer, and drainage
improvements necessary for the development of the property. The original contract was in the
amount of $207,100.00.
At the May 11, 2010 City Council meeting, Council approved amendment number one in the
amount of $31,500. This amendment expanded the scope of the project to include the design of
all public roadways within the Old Town Coppell Area.
This proposed amendment accomplishes three things. First, this amendment brings a portion of
Bethel Road from its intersection with Mitchell Road/South Coppell Road west through the Old
Town area to Freeport Parkway into the Old Town Coppell construction plans. Second, this
amendment includes funds necessary for the design engineer to include a detailed design of the
necessary franchise utility infrastructure. This is necessary to ensure the utilities are located
within the public right of way under the concrete sidewalk that will be built with this project.
Third, this amendment will provide for the design of water and sewer service to each proposed
building lot in the Old Town Coppell area. The city agreed to provide this when we executed the
agreement with the developer last November.
Approval of this contract amendment in the amount of $73,200.00 will allow us to move forward
with finalizing the plans for the Old Town Coppell area and a portion of Bethel Road. Staff
recommends approval of this amendment, and will be available to answer any questions at the
Council meeting.
Attachment SC
1
SCOPE OF SERVICES
1. Utility Coordination
a. Coordinate with franchise utility companies to arrange meetings at the City to review
the project and discuss their designs to serve the new development.
b. Based on the franchise utility companies’ design plans, prepare a conduit plan for the
installation of conduit in areas where paving improvements are planned.
c. Develop co-location trench details incorporating input from the franchise utility
companies and coordinating with city utilities for the various street sections and
crossings.
2. Additional Infrastructure Design
a. Prepare construction plans for the installation of water and sanitary sewer lines in the
alley between the townhomes along S. Coppell and East Main. Plans to include SS
services and water meters per the townhome layout provided by the developer 3-2011.
b. Prepare paving and drainage construction plans for the alley between S. Coppell and
East Main.
c. Prepare construction plans for the installation of water and sanitary sewer lines in the
alley behind the townhomes along Travis. Plans to include SS services and water meters
per the townhome layout provided by the developer 3-2011.
d. Prepare paving and drainage construction plans for the alley behind the townhomes
along Travis.
e. Update the drainage area map and calculations, mass grading plan and other sheets as
necessary to include the new infrastructure components.
3. Second Landscape Phase
a. Separate the Landscape plans into two separate phases. Phase one will include the
Main Street entry area and Phase two will include the landscaping around the inside of
the square. These two sets will be prepared concurrently with the Old Town
Infrastructure Improvement project. If revisions are needed after the completion of
100% plans on the Old Town project, additional services will be necessary.
b. If additional phasing is required, additional services may be necessary to produce the
additional documents.
c. The phase 2 landscape construction will be completed in conjunction with the pavilion
project so additional bid phase and construction administration will not be required.
d. This scope and fee is based on the assumption that lighting and irrigation for the second
phase landscape area (inside the square) will be installed as originally planned with the
primary project. If it is determined that phasing is necessary, additional services will be
required to include those elements in this second bid set.
4. Additional Survey Related to Bethel Road
a. FNI is updating the Old Town Infrastructure Improvements project to include the
portion of the Bethel Road Improvements running from the western end (near the Hard
Eight BBQ) to Mitchell Street. In association with this plan update, FNI will perform
additional field survey work to confirm existing conditions. This survey is necessary as
field conditions have changed since the original survey on Bethel Road was completed in
2007.
S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 CC
Bethel Road Reconstruction
Old Town Addition
City of Coppell Project ST10-02
Created in CIVIL3D
1 INCH = 1 MILE
0
1/2
11/2
1 INCH = FT.
0 200
200
100
Bethel Road Reconstruction
Old Town Addition
City of Coppell Project ST10-02
S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 CC
Created on: 6 April 2011 by Scott Latta
Created in CIVIL3D
2/2
OLD TOWN ADDITION
BETHEL ROAD
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:
Police
April 12, 2011
17
✔
RESOLUTION
Consider approval of a Resolution approving the terms and conditions of an Interlocal Agreement between the Town
of Addison, The City of Farmers Branch, The City of Carrollton, and The City of Coppell to form the Metrocrest Cities
Police Consortium; and authorizing the Mayor to sign.
The Town of Addison, The City of Carrollton, and The City of Farmers Branch currently make up the Tri-Cities Police
Consortium. The inter-local agreement between these cities is a law enforcement mutual aid agreement which
allows for daily cooperation across jurisdictional boundaries, sharing of specified equipment, skills, knowledge, training
and staff, seeking volume discounts in the purchase of commodities and equipment and joint investigation of criminal
activity. The City of Coppell desires to be added into this consortium which will become known as the Metrocrest
Cities Police Consortium. Attached are the original resolution (Town of Addison), the First Amendment to include the
City of Coppell, and the Resolution of the City of Coppell.
Staff recommends approval.
)Metrocrest Police Consortium
First Amendment to Tri-Cities Consortium Law Enforcement Mutual Aid Interlocal Agreement
Page 1 of 3
FIRST AMENDMENT
TO TRI-CITIES POLICE CONSORTIUM
LAW ENFORCEMENT MUTUAL AID INTERLOCAL AGREEMENT
This First Amendment to Tri-Cities Police Consortium Law Enforcement Mutual Aid
Interlocal Agreement (“First Amendment”) is made this ____ day of ____________, 2011
(“Effective Date”) by and between the City of Carrollton, Texas (“Carrollton”), the City of
Farmers Branch, Texas (“Farmers Branch”), and the Town of Addison, Texas (“Addison”)
(Carrollton, Farmers Branch, and Addison are sometimes referred to herein together as the
“Cities” and individually as a “City”).
Recitals:
1. The Cities previously entered into that agreement entitled Tri-Cities Police
Consortium Law Enforcement Mutual Aid Interlocal Agreement (the “Agreement”) regarding
the formation of a law enforcement mutual aid consortium to allow the Cities to perform and
provide certain governmental functions and services for one another as set forth herein, including
assisting and cooperating with one another in connection with criminal investigations and law
enforcement.
2. The Agreement describes the Cities as “Members” (and so called herein), and
describes, among other things, a Member’s request for assistance, response to a request for
assistance, and matters related thereto.
3. Section 23 of the Agreement provides that the Agreement may be amended by the
mutual agreement of the Members in writing, and that, subject to certain conditions, the
appendices to the Agreement may be amended by the mutual agreement of the Chief of Police
(or the Chief’s designee) of a Member’s Police Department.
4. The Members desire to amend the Agreement by adding the City of Coppell,
Texas (“Coppell”) as a Member to the Agreement.
NOW, THEREFORE, for and in consideration of the above and foregoing Recitals, the
benefits flowing to each of the Cities, and other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the City of Carrollton, Texas, the City of Farmers Branch,
Texas, and the Town of Addison, Texas do hereby agree as follows:
Section 1. Amendment to Agreement. The Law Enforcement Mutual Aid Interlocal
Agreement is amended as follows:
A. Addition of the City of Coppell, Texas as Member. Section 4, Definitions, of the
Agreement is hereby amended by amending subsection A. so that it shall hereafter read as
follows:
A. “Members” means Addison, Carrollton, Farmers Branch, and Coppell.
Accordingly, in accordance with the said amendment, the City of Coppell, Texas is added as a
Member of and to the Agreement. Coppell shall, from and after the Effective Date, be subject to
First Amendment to Tri-Cities Consortium Law Enforcement Mutual Aid Interlocal Agreement
Page 2 of 3
all of the terms and conditions, comply with all of the duties, responsibilities and obligations, and
be entitled to all of the rights, of and under the Agreement as a Member. Coppell’s acceptance
of the Agreement, as amended by this First Amendment, shall be evidenced by the adoption of a
resolution of the City Council of Coppell approving the Agreement, as amended, and authorizing
the City Manager of Coppell to execute this Amendment in the space provided below. In
accordance with Section 22 of the Agreement, a copy of the said resolution of Coppell shall be
attached to the Agreement and made a part thereof.
B. Change of Reference to Tri-Cities Police Consortium. The reference in the
Agreement to the “Tri-Cities Police Consortium” is hereby changed to “Metrocrest Cities Police
Consortium.”
Section 2. No Other Amendments. Except for the amendment to the Agreement
stated herein, all other terms, provisions and representations of the Agreement shall remain
unchanged and in full force and effect.
Section 3. First Amendment Void. Notwithstanding any other provision of this First
Amendment, in the event this First Amendment is not approved by resolution of the governing
body and executed by the authorized representative of each of the Cities and of Coppell on or
before April 15, 2011, this First Amendment shall be void and have no force or effect.
Section 4. Attachment to Agreement. In accordance with Section 23 of the
Agreement, this First Amendment shall be attached to and is incorporated into the Agreement.
Section 5. Counterparts. This First Amendment may be executed in counterparts.
Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall
constitute one and the same instrument.
Section 6. No Third Party Beneficiaries. This Amendment is solely for the benefit of
the Cities and Coppell and is not intended to create or grant any rights, contractual or otherwise,
to any third person or entity.
Section 7. Incorporation of Recitals. The above and foregoing Recitals to this First
Amendment are true and correct and are incorporated into this First Amendment and made a part
hereof for all purposes.
Section 8. Authority to Execute. The undersigned officers and/or agents of the Cities
and of Coppell are the properly authorized officials and have the necessary authority to execute
this First Amendment on behalf of each of them, and each of the Cities and Coppell hereby
certify one to the other that any necessary resolutions or other act extending such authority have
been duly passed and are now in full force and effect.
EXECUTED to be effective as of the Effective Date first written above.
CITY OF CARROLLTON, TEXAS
By:
Leonard Martin, City Manager
CITY OF FARMERS BRANCH, TEXAS
By:
Gary D. Greer, City Manager
First Amendment to Tri-Cities Consortium Law Enforcement Mutual Aid Interlocal Agreement
Page 3 of 3
ATTEST:
By:
Ashley Mitchell, City Secretary
ATTEST:
By:
Cindee Peters, City Secretary
TOWN OF ADDISON, TEXAS
By:
Ron Whitehead, City Manager
ATTEST:
By:
Lea Dunn, City Secretary
ACCEPTED AND APPROVED:
CITY OF COPPELL, TEXAS
By:
Clay Phillips, City Manager
ATTEST:
By:
Christel Pettinos, City Secretary
RESOLUTION NO. _______________
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF
COPPELL, TEXAS, TO ENTER INTO A MUTUAL AID INTER-LOCAL
AGREEMENT WITH THE TOWN OF ADDISON, TEXAS, THE CITY OF
FARMERS BRANCH, AND THE CITY OF CARROLLTON, TEXAS TO FORM
THE METROCREST CITIES POLICE CONSORTIUM
WHEREAS, Chapter 791, Texas Government Code allows local governments to
enter into agreements with one another to perform governmental functions and services,
including police functions; and
WHEREAS, the police chiefs of the City of Carrollton, City of Farmers Branch
and the Town of Addison, wish to enter into an inter-local agreement to form the Tri-
Cities Police Consortium to form a law enforcement mutual aid consortium to allow for
daily cooperation across jurisdictional boundaries, sharing of specified equipment, skills,
knowledge, training and staff, seeking volume discounts in the purchase of commodities
and equipment, joint investigation of criminal activity; enforcement of the laws of this
State, preservation of social order, and protection of health, welfare, life, safety and
property of our citizens; and
WHEREAS, the police chiefs of the City of Carrollton, City of Farmers Branch
and the Town of Addison now wish to amend the Agreement by adding the City of
Coppell, Texas Police Department (“Coppell”) as a Member to the Agreement and
WHEREAS, the City Council of the City of Coppell finds it to be in the public
interest to enter such an agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS THAT:
Section 1. The Mayor is hereby authorized to execute on behalf of the City of Coppell
the attached mutual aid inter-local cooperation agreement with the Town of Addison, the
City of Farmers Branch and the City of Carrollton to form the Metrocrest Cities Police
Consortium. All other documents incorporated herein and made a part of this Resolution
in connection therewith on behalf of the City of Coppell substantially according to the
terms and conditions set forth in the Agreement.
Section 2. This resolution shall become effective from and after its passage.
DULY PASSED and approved by the City Council of the City of Coppell, Texas
on this the _____ day of _________, 2011.
CITY OF COPPELL, TEXAS
_________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________________
Christel Pettinos, City Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________________
____________, City Attorney Macario Tristan, Chief of Police
AGENDA REQUEST FORM DATE: April 12, 2011
ITEM #: 18
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
DATE: April 12, 2011
ITEM #: 19
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding the upcoming Special Event:
EGGstravaganza, April 23rd at Wagon Wheel Park beginning at
11am.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM DATE: April 12, 2011
ITEM #: 20
PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF
COMMUNITY INTEREST AND NO COUNCIL ACTION OR
DELIBERATION IS PERMITTED
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: April 12, 2011
ITEM #: 21
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: April 12, 2011
Department Submissions:
Item Nos. 8B, 14, 15 and 16 were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item No. 9 was placed on the Agenda for the above-referenced City Council
meeting by the Parks and Recreation Department. I have reviewed the
Agenda Requests (and any backup if applicable) and hereby submit these
items to the City Council for consideration.
____________________
Parks and Recreation Department
Item No. 17 was placed on the Agenda for the above-referenced City
Council meeting by the Police Department. I have reviewed the Agenda
Requests (and any backup if applicable) and hereby submit these items to
the City Council for consideration.
____________________
Parks and Recreation Department
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: March 22, 2011
Department Submissions:
Item Nos. 8C, 8D, 8E, 10, 11 and 12 were placed on the Agenda for the
above-referenced City Council meeting by the Planning Department. I
have reviewed the Agenda Requests (and any backup if applicable) and
hereby submit these items to the City Council for consideration.
____________________
Planning Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Age da and Packet for the n
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)