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CP 2011-09-13 NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 13, 2011 DOUG STOVER MARSHA TUNNELL, Place 4 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BOB MAHALIK, Place 2 MARVIN FRANKLIN, Place 6 BRIANNA HINOJOSA-FLORES, Place 3 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, September 13, 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. ag091311 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development Prospects east of Freeport Parkway and north of Bethel Road. 2. Economic Development Prospects west of Freeport Parkway and south of Bethel Road. B. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. C. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding encroachment on park land. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review and discussion of Proposed Fee Changes. B. Discussion regarding Youth Sports Fees. C. Discussion regarding background checks for Boards and Commission members. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Presentation by Chief Mac Tristan recognizing members of the Coppell Police and Fire Departments for their life-saving contributions during a life threatening event involving Coppell Police Officer John McArdle on June 7, 2011. ag091311 Page 2 of 6 ITEM # ITEM DESCRIPTION 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 23, 2011. B. Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 850 Freeport Parkway, Suite 100 in Coppell, Texas, and authorizing the Mayor to sign. C. Consider approval of an Ordinance of the City of Coppell, Texas, amending Ordinance No. 2011-1285, ordering a Special Election to be held on November 8, 2011, by adding provisions for Coppell residents residing in Denton County; and providing an effective date. Considerar la aprobación para un Mandato del Ayuntamiento de la Cuidad de Coppell, Texas reformando el Mandato No. 2011-1285 en el cual se ordena una elección especial a convocarse el 8 de Noviembre del 2011 agregándosele cláusulas aplicables a los habitantes de Coppell en el condado de Denton y contemplándose una feche en vigor. END OF CONSENT 10. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2011 through September 30, 2012, and authorizing the Mayor to sign. 11. Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2011 at .69046/$100 per valuation of which .49577 for operations and maintenance and .19469 for interest and sinking, and authorizing the Mayor to sign. 12. Consider approval of re-naming the Quiet Reading Room at the William T. Cozby Public Library, the Bobby E. Hefner Quiet Reading Room as recommended by the Library Advisory Board. ag091311 Page 3 of 6 ITEM # ITEM DESCRIPTION 13. Consider approval of the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Site Plan, to allow the development of a 85,000-square-foot office/warehouse building to be located at 112 Wrangler Drive. 14. PUBLIC HEARING: Consider approval of the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Replat, being a replat of Lot 3, Block 5, of Park West Commerce Center to abandon and establish various easements to allow the development of an office/warehouse building to be located at 112 Wrangler Drive. 15. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Lot 2, Block A of the Freeport North Addition (17.824 acres) and located north of Bethel Road, east of Creekview Drive. 16. Consider approval of an Ordinance designating S.P. Richards Company, Reinvestment Zone No. 63, and authorizing the Mayor to sign. 17. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and S.P. Richards Company, and authorizing the Mayor to sign. 18. Consider approval of a contract award with JRJ Paving, LP in the amount of $4,645,190.39 for Bid #Q-0811-01 Old Town Coppell and Bethel Road Infrastructure Improvement Project ST 10-02; as provided for in CIP funds; and authorizing the City Manager to sign and execute necessary documents. 19. Consider rescinding an award of a contract with Comm-Fit in the amount of $116,065.40 for fitness equipment for the Coppell Aquatics and Recreation Center, and authorizing the President of the CRDC and the City Manager to execute the necessary action. 20. Consider award of bids and authorize purchase orders for fitness equipment for the Coppell Aquatics and Recreation Center to the following vendors and in the amount as follows: Comm-Fit in the amount of $103,645.15 and TKO in the amount of $15,672.70, and authorize the President of the CRDC and the City Manager to execute the necessary action. ag091311 Page 4 of 6 ITEM # ITEM DESCRIPTION 21. Consider an amendment to a contract with Fitco in the additional amount of $12,090.00, for shipping and installation of fitness equipment previously purchased and authorized. 22. City Manager's Report. A. Project Update and Future Agendas. 23. Mayor and Council Reports. A. Report by Mayor Stover on the Metroplex Mayors’ Meeting. 24. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 25. 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 9th day of September, 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. ag091311 Page 5 of 6 ITEM # ITEM DESCRIPTION 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). ag091311 Page 6 of 6 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: September 13, 2011 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development Prospects east of Freeport Parkway and north of Bethel Road. 2. Economic Development Prospects west of Freeport Parkway and south of Bethel Road. B. 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. C. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding encroachment on park land. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: September 13, 2011 ITEM #: ES-3 WORK SESSION 3. Convene Work Session A. Review and discussion of Proposed Fee Changes. B. Discussion regarding Youth Sports Fees. C. Discussion regarding background checks for Boards and Commission members. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn Date: September 1, 2011 To: Mayor and City Council From: Mac Tristan, Chief of Police Reference: Review of Alarm Fee Structure Background: The City of Coppell has not changed its alarm permit fees in several years. Currently the City’s residential alarm fee is $20 for the initial permit and a $10 annual renewal fee. The City’s commercial alarm fee is also $20 for the initial alarm permit and a $10 annual renewal fee. Further, Coppell currently allows 6 false alarms in a 12 month rolling period before a $50.00 charged is assessed for each false alarm. At the August 9, 2011 City Council work session, the increasing of alarms fees was discussed. The recommendation before you at that meeting was to increase Residential Alarm Permits to $35.00 with a renewal fee of $35.00 per year. It was recommended to increase Commercial Alarm Permits to $50.00 with a renewal fee of $50.00 per year. After much discussion Council was not comfortable with increasing the Residential alarm permits and annual renewal to $35.00 however you did ask for a recommended increase lower than $35.00 per year. Council was in favor of lowering the false alarms allowed from 6 to 3 annually. Council also was interested in seeing an escalating fee structure starting at $50.00 per false alarms. Council was interested in knowing how many alarm permits we now have on record. The breakdown of alarm permits is as follows: 4326 total Alarm Permits 457 Commercial 3549 Residential (Homes) 320 Residential (Apartments) As was reported to you on August 9, 2011, we contacted 31 cities in Dallas, Denton, and Tarrant counties and obtained their current alarm fee structure. Coppell is currently among the lowest in alarm fees. Residential alarms in other cities ranged from one at $5 annual in one city to several cities at $50 per year. The residential renewal fees were similar amounts. Commercial alarms ranged from $5 a year to $100 a year. The commercial annual renewals were similar amounts. Six of the cities had reduced or no fees for senior citizens. The majority of the cities surveyed allowed 3 false alarms per year as opposed to 6 that we currently allow. Of all cities surveyed, the average residential alarm permit was $35 initially with a $35 annual renewal. The average commercial alarm permit was $50 initially with a $50 annual renewal fee. Staff Recommendation: Restructure the Alarm permit, renewal and false alarms fees as follows: Residential Alarm Permits: $30.00 Annual Renewal $20.00 Commercial Alarm Permits: $50.00 Annual Renewal $50.00 First 3 False alarms No charge 4-6 False Alarms $50.00 7-9 False Alarms $75.00 9 and up $100.00 Page 1 of 2   DATE: August 3, 2011 TO: Mayor and City Council FROM: Gary Sieb, Director of Planning RE: Proposed revisions to Master Fee Schedule as they relate to Chapter 12, Coppell Code of Ordinances Revisions are noted in Double Underlined, Bold, Italic Type of application Fee Zoning (rezoning and Planned Development Districts) $500 + $25/ac $500 + $100/ac when adjacent to residential (SF, TH and 2F9) development Amendment to Planned Development Districts – 2 lots or less (residential only) $150 Concept Plan Delete this fee Detail Site Plan • Non-Res & MF $400 + $25 per acre Administrative Approval of Minor Site Amendment $250 Special Use Permits $500 + $25 per acre $500 + $100/ac when adjacent to residential (SF, TH and 2F9) development Preliminary Plat • Residential • Non-Res & MF • $500 + $20/lot • $500 + $35 per/ac Final Plat • Residential • Non-Res • MF • Estate District • $100 + 4/lot • $100 + $35 per/ac • $100 + $3/unit • Delete this fee Replat • Residential • Non-Res • MF • $100 + $25/lot • $100 + $35 per/ac • $100 + $35 per/ac Page 2 of 2 Type of application Fee Amending and Minor Plat (Admin Approval) • Residential • Non-Res & MF • $250 • $250 Minor Plat • Residential • Non-Res & MF • $100 + $4/lot • $500 + $35 per/ac Master Plan Amendment $300 Please feel free to contact me or Marcie Diamond if you have any questions. Attachment “A” Fee Study Recommendations – Table of existing and proposed fees and the rationale for each revision. Attachment “B” Fee Comparison – Compares Coppell fees to the Cities of Flower Mound, Southlake, Irving and Grapevine FEE STUDY RECOMMENDATIONS - July 2011 ATTACHMENT ‘A’ Type of application Existing Proposed Revisions Rationale Zoning (rezoning and Planned Development Districts) $500 + $10/ac $150 PD amendment two lots or less (residential only) $500 + $25/ac $500 + $100/ac when adjacent to residential (SF, TH and 2F9) development Anticipate in-fill and redevelopment 30 acres or less, not large scale rezoning Redevelopment/infill development projects tend to be most controversial, require more notification, analysis and staff time when abutting residential development. Concept Plan $100; No charge w/Zoning Delete this fee Never used, all Concept Plan are submitted w/PD Zoning Detail Site Plan • Non-Res • MF $400 $400 + $25 per acre The larger the site plan the more analysis required Admin. Approval $250 $250 No change Special Use Permits $400 + $5 per/ac $500 + $25 per acre $500 + $100/ac when adjacent to residential (SF, TH and 2F9) development Uses permitted by SUP require more review and conditions (auto-related, hotels, day cares, restaurants w/drive thru etc.) Redevelopment/infill development projects tend to be most controversial, require more notification, analysis and staff time when abutting residential development. Preliminary Plat • Residential • Non-Res & MF • $100 + 4/lot • $100 + $35 per/ac • $500 + $20/lot • $500 + $35 per/ac Most of the discussion, negotiations and analysis and revisions occur at the preliminary plat stage, once the final plat is submitted, it is generally ministerial. Final Plat • Residential • Non-Res • MF • Estate District • $500 + $20/lot • $100 + $35 per/ac • $100 + $3/unit • $30 per/ac • $100 + 4/lot • $100 + $35 per/ac • $100 + $3/unit • delete Final plat approval is generally ministerial. Estate District fee to be deleted, only one property in the city with this zoning, and it is platted and developed. Replat • Residential • Non-Res • MF • $100 + $5/lot • $100 + $35 per/ac • $100 + $35 per/ac • $100 + $25/lot • $100 + $35 per/ac • $100 + $35 per/ac Residential replat requires notification sent to property owners within 200 feet within the original subdivision. Amending and Minor Plat (Admin Approval) • Residential • Non-Res & MF • $100 + $4/lot • $250 • $250 • $250 Provides a standard fee for residential and non-residential Administrative Approval. Minor Plat • Residential • Non-Res & MF • $100 + $4/lot • $100 + $35 per/ac • $100 + $4/lot • $500 + $35 per/ac Typical non-residential development occurs on one lot, which has never been platted. A Minor Plat combines the requirements of Preliminary and Final Plat Master Plan Amendment No Fee $300 A detail site plan and/or rezoning request will be required to accompany this request. A new Application Form will be required, the applicant will need to provide a rationale for amending the Comp. Plan. Fee Comparison - March 2011 ATTACHMENT “B” Page 1 of 2 Type of application COPPELL Flower Mound1 Southlake Irving Grapevine Zoning (rezoning and Planned Development Districts) $500 + $10/ac $150 PD amendment one lot – residential only Zoning – Non PD 0-5 ac’s $500 + $25/acre 5-20 ac’s $750 + $25/acre 20-50 ac’s $1000 + $20/acre 50 + ac’s $1250 + $15/acre PD’s - SF 0-5 ac’s $700 + $25/acre 5-20 ac’s $950 + $25/acre 20-50 ac’s $1200 + $20/acre 50 + ac’s $1450 + $15/acre PD’s Non Res and MF 0-5 ac’s $1000 + $25/acre 5-20 ac’s $1250 + $25/acre 20-50 ac’s $1500 + $20/acre 50 + ac’s $1750 + $15/acre Zoning Only - $200+10/ac Zoning with Concept Plan/Site Plan/PD - $400+10/ac 0-1.99 ac’s $500-600 2-4.99 ac’s $600-800 5-29.99 ac’s $800-$950 30-99.99 ac’s $1,400-$1,600 100 ac’s or greater 2,450-2,950 $500.00 for first acre +$25.00 for each additional acre Detail Site Plan • Non-Res • MF $400 • $500 + $25/ac • $500 + $10 per/unit $300 + $10/acre 0-1.99 ac’s $500 2-4.99 ac’s $600 5-29.99 ac’s $800 30-99.99 ac’s $1,400 100 ac’s or greater 2,450-2,950 $250.00 for first acre +$12.50 for each additional acre Admin. Approval $250 $50 Special Use Permit $400 + $5 per/ac 0 to 5 ac’s $700 + $25/acre 5 to 20 ac’s $950 + $25/acre 20 to 50 ac’s $1200 + $20/acre 50 + acres $1450 + $15/acre $300 Thru the site plan process $500.00 for first acre +$25.00 for each additional acre 1 All applications in Flower Mound which require public notification an additional $80 for Legal Notices + Property Owner Notice Fees ($2.50 per notice mailed) Fee Comparison - March 2011 ATTACHMENT “B” Page 2 of 2 Type of application COPPELL Flower Mound1 Southlake Irving Grapevine Prel. Plat • Residential • Non-Res & MF • $100 + 4/lot • $100 + $35 per/ac DEVE. PLAN(?) • $500 + $10/lot • $500 + $20 per/ac • $300 + $20/lot • $300 + $20/ac. $400+ $5/acre • $100+$5/lot • $100+$25/acre Final Plat • Residential • Non-Res • MF • $500 + $20/lot • $100 + $35 per/ac • $100 + $3/unit • $500 + $15/lot • $500 + $20/lot • $400 + $30/lot • $400 + $30/acre $400+ $5/acre • $200+$5/lot • $200+$25/acre Replat • Residential • Non-Res • MF • $500 + $5/lot • $100 + $35 per/ac • $100 + $35 per/ac $350 + $20/lot $400 + $30/lot $400 + $30/acre $400+ $5/lot • $300+$5/lot • $300+$25/acre Amending and Minor Plat (Admin Approval) • Residential • Non-Res & MF • $100 + $4/lot • $250 One lot plat $250 $300 $200 Minor Plat • Residential • Non-Res & MF • $100 + $4/lot • $250 Amended Plat • $250 + $10/lot • $300 + $20/acre One lot plat $250 Master Plan Amendment No Fee 0 to 5 ac’s $750 + $25/acre 5 to 20 ac’s $1000 + $25/acre 20 to 50 ac’s $1250 + $20/acre 50 + ac’s $1500 + $15/acre $300 per request No fee PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: September 13, 2011 To: Mayor and City Council From: Brad Reid, Director Re: Youth Sports Fees Update Background: The Youth Sports Field Use fee for residents has remained the same since the $5 per player per season fee was first established in July 1996. The non-resident fee was changed in 2007, from the original amount of $10 per player, to $25 per player per season. The City Council has asked staff to review these fees as a Council Goal for 2010-11, and recommend changes if they are needed. Because the Youth Sports activities are an important, and costly, aspect of the services provided by the city, the associated fees that the city charges have been included in the Cost Recovery Model, Resource Allocation Philosophy and Policy initiative that the Parks and Recreation Department staff is in the process of completing. One of the first goals of this model was to ask the community during focus group meetings to specify whether the provision of Youth Sports is a benefit to the community, or more to the individual. It was determined during the focus group meetings that the benefit of this activity is balanced between community and individual. It was also determined that the way to categorize the relationship between the city and the youth sports organizations is as a “field rental” situation. This categorization seems to be appropriate whether the city maintains the fields for specified uses and allows the organizations to schedule the city facilities for their use on a “rented” basis that would incur a per hour of use fee, or the current situation remains that the City provides and maintains fields for the specific Associations for their scheduled use during their specified seasons, incurring a fee per participant. Interesting questions arise in the administration of both methods. GreenPlay, LLC, the city’s consultant on the Cost Recovery initiative, indicates that cities nationwide are beginning to move away from the “per player” format toward charging their Youth Sports Associations an hourly rate for the use of the facilities. The primary reason for suggesting that the city consider a change to the fee structure for Youth Sports to a per-hour-of- use philosophy is to allow for additional uses and users, which would be scheduled through the city. These added users would be scheduled onto the fields during the times when now the Associations perhaps have them tied up for their respective seasons, whether they are being utilized or not. Qualified facility rentals could then add to the revenue generated through the collection of the hourly rental fee. This change would require a complete overhaul of the agreements that the city has with the Associations, cause the city to take on a much greater role in the scheduling of the fields and may not increase the actual users of the fields much at all. The Associations are currently working with outside entities who desire use of the practice areas. Primarily, the YMCA programs and a few other qualified organizations are being accommodated by the Associations. This situation seems to have improved over the past few months with CYSA and CYFA coordinating with the YMCA for their use of certain facilities. A negative aspect of moving toward a per-hour-of-use fee structure, according to the various Association representatives is that they would lose flexibility in scheduling make-up games. They are also concerned about overuse of facilities and scheduling conflicts with other users. Of course, the current per-player fee system has been working for a number of years and can continue to work. A negative aspect of this system is that it can exclude other uses from the city facilities, and offers the City only limited ability to schedule any additional activities on the fields during the time when the Associations have scheduling privileges. This reduces the city’s ability to increase offerings to a broader user base such as adult sports and recreation requiring field space. However, in recent discussions with the various Associations, it appears that this may not be an insurmountable obstacle. For instance, many agree that they do not use the fields after a certain time of day because of the age of most players, although the fields are locked up under their scheduling control. They go on to agree that the city might look at specific uses during later times of the day, when adult leagues could flourish. The Associations are very much in favor of staying with a per player fee to the city. In fact, all representatives agreed that it is time for the $5 per player fee to be increased based on the amount of time it has been in place and given that the cost recovery for the city to provide these services is so low. We have not heard any consensus that the city should raise fees enough to accomplish 100% cost recovery all at one time. The Association representatives believe there will be significant push-back from the citizens if that is implemented. Current Cost Recovery Total cost recovery for the city from the various Youth Sports Organization’s activities is currently approximately 21%. This percentage is generated through the participant fees as outlined above. The actual direct cost incurred in FY 2009-10 by the city to provide maintenance, supplies and services in support of Youth Sports was in excess of $220,000. The revenue generated by the participant fee during the same year was $46,955. As indicated above, Youth Sports was identified as having equal benefit to the community and the individual. Because of this categorization by the community, the provision of Youth Sports in Coppell has been identified during the study as one of those services that should recover 100% of the cost for the activity. Currently, the Associations are recovering their own cost of service but the City continues to significantly subsidize these programs. Current Cost Recovery Accounting The following is a synopsis of the numbers as they were reported in FY 2009-10 for the field use of our Youth Sports Associations. It includes actual costs for the city to provide service, the percentage of cost recovery based on the per player charge as it is today, establishes the deficit in cost recovery and offers suggestions to move toward what seems to be a more desirable situation. a. Current costs and cost recovery for field use i. Total direct costs associated with providing service to support Youth Sports Associations (2009-10) was $223,685 ii. Total revenue generated was $46,955 iii. Total cost recovery was 21% average (ranges from 7% to 44%, depending on the Association) iv. Direct costs do not include allocations for Fleet, IS, other support or administrative costs, which are tax-payer funded v. Associations use primarily volunteers to manage programs/services; if they went away, the City would need to manage the programs and services or turn the management over to other parents, so a cooperative relationship is advantageous vi. City wants Associations to continue to operate these programs, as they do a tremendous job b. Field use schedule and issues i. Demand for fields from YMCA has grown far beyond their initial commitment 1. Program participation has increased without additional allocated space; assuming the City will accommodate 2. Has created unwanted competition among other Associations 3. City is subsidizing the YMCA’s profits as a result of their programs being operated on city facilities ii. Associations do not use all the field time that their agreements allocate to them iii. Facilities could be scheduled more efficiently which would allow more users to enjoy the facilities c. Numbers of participants (2009-10) i. Soccer (3,621) ii. Baseball (1,254) iii. Girls Softball (491) iv. Lacrosse (329) v. Football (300) vi. YMCA T-ball (139) d. Cost Recovery Concepts i. “Per Person” Concept A. 21% cost recovery is the approximate current situation B. 45% Cost Recovery = $16.40 per person, per season, average for all sports. (This could be achieved by increasing resident fee to $15/person.) C. Fees necessary per person, per season, to reach 100% cost recovery = $36.47 each ii. “Per Hour” Concept A. Per hour fees required to recover 21% of actual direct costs: 1. “Diamond” Field - $5.96/hr 2. “Rectangular” Field - $4.78/hr B. Per hour fees required to recover 45% of actual direct costs: 1. “Diamond” Field - $12.89/hr 2. “Rectangular” Field - $10.35/hr C. Per hour fees required to recover 100% of actual direct costs: 1. “Diamond” Field - $28.37/hr 2. “Rectangular” Field - $22.87/hr e. Recommendations: i. Historic exclusivity on the fields by YSA’s may not be warranted given current use patterns ii. Provide for current Associations’ needs first, and plan for future iii. Charge a fee which will recover a minimum of 100% of the direct costs for non-sponsored field-use activities iv. Phased implementation: A. Implement a 45% cost recovery per player fee beginning with the spring 2012 season ($15 per resident) B. Ask the Associations to track actual hours of use during 2012 seasons to determine when City could program additional use in 2013 C. Implement a plan to move closer to 100% cost recovery D. Offer a reasonable number of City programs on un-used field time, while allowing Associations flexibility for reschedules and make-up games Financial Goals It is important to recognize that the goal in recommending an increase to the user fee is not to recapture the entire cost to provide athletic facilities in Coppell through registrations of the current Associations. The plan is to become incrementally closer to the goal of 100% cost recovery through a variety of methods including registrations, additional usage, sponsorships, partnership opportunities, etc. The expectation is that this discussion will open up additional use by other entities who are now very interested in using the fields such as the YMCA. This seems to already be in the works. A goal is to get more of the community using the facilities and to have the actual user pay more of the direct costs to provide and maintain the amenity. Currently the subsidy for providing the game and practice fields in Coppell is very high and although there are obvious benefits to the community as a whole by having these facilities, the community has told us that they prefer that the actual user be responsible for an increased amount of the cost to operate and maintain these facilities. City Council Action requested: This is a presentation regarding the current status of the initiative to review the Park Fees. Required at this time is only the Council’s input regarding a possible fee increase. However, the Finance Department will be bringing recommended revisions to the Fee Ordinance at the September 27, 2011 meeting. At this meeting, a change to the current fees that are paid to the City by the community to participate in youth sports will be recommended. MEMORANDUM DATE: September 9, 2011 TO: Mayor and Council Clay Phillips, City Manager FROM: Christel Pettinos, City Secretary RE: Background checks for Boards and Commission members Background: Currently, citizens wishing to volunteer with the City are asked to register online and complete a consent form in order to have a background check processed. Once the citizen is approved, they are available to volunteer with any organization. City Council Action Requested: Do we wish to implement the same background check on all Boards and Commission members at the time of application, or just on those boards that interact with students, such as Park Board, Keep Coppell Beautiful and the Library Advisory Board? 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 Police September 13, 2011 7 ✔ PRESENTATION Presentation by Chief Mac Tristan recognizing members of the Coppell Police and Fire Departments for their life-saving contributions during a life threatening event involving Coppell Police Officer John McArdle on June 7, 2011. )Police Presentation AGENDA REQUEST FORM 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 September 13, 2011 9A ✔ PROCEDURAL Consider approval of minutes: August 23, 2011 Minutes of the City Council meeting held on August 23, 2011. Staff recommends approval. %minutes 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 September 13, 2011 9B ✔ RESOLUTION Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 850 Freeport Parkway, Suite 100 in Coppell, Texas, and authorizing the Mayor to sign. Matrix Network, Inc. is applying for a Foreign Trade Zone designation at their facility in Coppell, Texas. The company is requesting sponsorship from the Dallas/Fort Worth International Airport, Grantee of FTZ. No. 39, for a Usage Driven Application under the new Alternative Site Framework program. Matrix Network, Inc. must receive a letter of support from the City of Coppell as one of the steps in the process to receive FTZ status for 850 Freeport Parkway, Suite 100. Staff recommends approval. !FTZ Matrix Date: September 13, 2011 From: Mindi Hurley, Economic Development Coordinator RE: Matrix Networks, Inc. Matrix Network, Inc. is an original equipment manufacturer and distributor of closed circuit television equipment to the surveillance and video security industries. The company is applying for a Foreign Trade Zone to provide the operational flexibility, U.S. Customs tariff benefits, faster U.S. Customs clearance, consolidated entry and export procedures, deferral of duty payments while goods remain in the zone and elimination of duty on items exported from the zone at their distribution center. Matrix Network, Inc. is located at 850 Freeport Parkway, Suite 100, and they are applying for the Foreign Trade Zone designation for this facility in Coppell. The company is requesting sponsorship from the Dallas/Fort Worth International Airport, Grantee of FTZ. No. 39, for a Usage Driven Application under the new Alternative Site Framework program. Matrix Network, Inc. must receive a letter of support for this zone designation from the City of Coppell as one of the steps in the process to receive FTZ status for 850 Freeport Parkway, Suite 100. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, SUPPORTING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE TO BE LOCATED AT 850 FREEPORT PARKWAY, SUITE 100, COPPELL, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented with a request from Matrix Network, Inc. for the City to support the establishment of a foreign trade zone at 850 Freeport Parkway, Suite 100, Coppell, Texas 75019; and WHEREAS, the City Council finds that the establishment of a foreign trade zone would generate employment and enhance economic development within the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas, does hereby support the establishment of a foreign trade zone located at 850 Freeport Parkway, Suite 100, Coppell, Texas 75019. SECTION 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of September, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY September 13, 2011 Ms. Christina Wood Project Manager Commercial Development Department DFW International Airport P.O. Drawer 619428 DFW Airport, Texas 75261-9428 Re: Foreign Trade Zone Application Dear Ms. Wood: On behalf of the City of Coppell, I wish to express my support for the Application to establish a Foreign Trade Zone at the Matrix Coppell facility, located at 850 Freeport Parkway, Suite 100, Coppell, TX 75019. The Foreign Trade Zone will complement our efforts to expand and diversify our economy. We understand that imported inventory and inventory held in a foreign trade zone for export will be exempted from ad valorem tax, and we fully support this Application as a means of promoting economic growth in the region. Sincerely, Douglas N. Stover Mayor 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 September 13, 2011 9C ✔ ORDINANCE Consider approval of an Ordinance of the City of Coppell, Texas, amending Ordinance No. 2011-1285, ordering a Special Election to be held on November 8, 2011, by adding provisions for Coppell residents residing in Denton County; and providing an effective date. Considerar la aprobación para un Mandato del Ayuntamiento de la Cuidad de Coppell, Texas reformando el Mandato No. 2011-1285 en el cual se ordena una elección especial a convocarse el 8 de Noviembre del 2011 agregándosele cláusulas aplicables a los habitantes de Coppell en el condado de Denton y contemplándose una feche en vigor. This Ordinance is amending Ordinance 2011-1285, ordering the Special Election and providing for the Coppell residents in Denton County. Staff recommends approval. %calling election ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 2011-1285, ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2011, BY ADDING PROVISIONS FOR COPPELL RESIDENTS RESIDING IN DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has previously adopted Ordinance No. 2011-1285 ordering a special election to be held on November 8, 2011 to consider the continuation and adoption of one-fourth of one percent sales and use tax to provide revenue for maintenance and repair of municipal streets; and, to consider the continuation and the adoption of one-fourth of one percent sales and use tax for crime reduction programs for a ten (10) year period; and WHEREAS, said Ordinance failed to include provisions for Coppell residents residing in Denton County; and WHEREAS, the City Council desires to amend Ordinance No. 2011-1285 to provide for its residents located in Denton County by providing for the execution of the contract with Denton County, providing for early voting times and locations, providing for ballots by mail, and providing for the polling location on election day. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 3 of Ordinance No. 2011-1285 be, and the same is, hereby amended to provide for the execution of a contract with Denton County Elections Department, which shall hereinafter read as follows: “SECTION 3. The election on the proposed Charter amendments shall be conducted in accordance with Election Contracts between the City of Coppell and Dallas County Elections Department and Denton County Election Department, respectively, for the Special election on November 8, 2011. That the City Manager is hereby authorized to execute Election Contracts with the Counties of Dallas and Denton for the conduct of the election.” SECTION 2. That Section 5 of Ordinance No. 2011-1285 be, and the same is, hereby amended to add the early voting dates, times and locations for Denton County, which shall hereinafter read as follows: “SECTION 5. The main early voting polling place for Dallas County residents shall be the Coppell Town Center, where early voting by 0 TM 51120.2.090611 personal appearance shall be conducted in accordance with the following schedule: Monday, October 24, 2011 — Saturday, October 29, 2011 from 8:00a — 5:00p; Sunday, October 30, 2011 from 1:00p — 6:00p; Monday, October 31, 2011 — Wednesday, November 2, 2011 from 8:00a — 5:00p; Thursday, November 3, 2011 — Friday, November 4, 2011 from 7:00a — 7:00p Dallas County residents may also vote at any other Dallas County Early Voting Polling Location. The locations and times for Denton County residents to early vote shall be as follows: October 24 - 29, Monday — Saturday, 8:00a — 5:00p; October 31 — November 2, Monday — Wednesday, 8:00a — 5:00p; November 3 — 4, Thursday — Friday, 7:00a — 7:00p The Colony Government Center , 6301 Main, The Colony Lake Dallas City Hall, 212 Main St., Lake Dallas Sanger First Baptist Church, 708 S. 5th St., Sanger Justin Municipal Building, 415 N. College, Justin Joseph A. Carroll Admin. Building, 401 W. Hickory, Denton Carrollton Public Library, 4220 N. Josey, Carrollton Lewisville Municipal Annex, 1197 W. Main Street, Lewisville Frankford Town Houses, 18110 Marsh Ln., Dallas Flower Mound Municipal Police & Court Bldg., 4150 Kirkpatrick, Flower Mound Trophy Club MUD, 100 Municipal Drive, Trophy Club Steven Everett Copeland Government Center, 1400 FM 424, Cross Roads Heritage Lakes Club House, 3949 Village Blvd., Frisco Highland Village Municipal Complex (City Hall), 1000 Highland Village Dr., Highland Village.” SECTION 3. That Section 6 of Ordinance No. 2011-1285 be, and the same is, hereby amended to provide for early voting by mail with Denton County Elections Department, which shall hereinafter read as follows: “SECTION 6. That applications for early voting ballot by mail by Dallas County residents shall be mailed to: Toni Pickens-Poole, Chief Deputy Early Voting Clerk, Dallas County Elections Department; Health & Human Services Building, 2377 N. Stemmons Freeway, Suite 820, Dallas, Texas 75207. 1 TM 51120.2.090611 Applications for early voting ballot by mail by Denton County residents shall be mailed to Frank Phillips, Elections Administrator, Denton County Elections Department, Joseph A. Carroll Building, 401 W. Hickory, Suite 125, Denton , Texas 76201-9026. Applications for early voting ballot by mail, if mailed, must be received no later than noon on October 30, 2011. Applications for early voting delivered by personal delivery shall be submitted to the Clerk’s office no later than the close of business on October 11, 2011” SECTION 4. That Ordinance No. 2011-1285 shall remain in full force and effect, except as amended herein. SECTION 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED by the City Council of the City of Coppell, Texas, on 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) 2 TM 51120.2.090611 MANDATO NÚM. ___________ UN MANDATO DEL AYUNTAMIENTO DE LA CIUDAD DE COPPELL, TEXAS REFORMANDO EL MANDATO NO. 2011-1285 EN EL CUAL SE ORDENA UNA ELECCIÓN ESPECIAL A CONVOCARSE EL 8 DE NOVIEMBRE DE 2011 AGREGÁNDOSELE CLÁUSULAS APLICABLES A LOS HABITANTES DE COPPELL EN EL CONDADO DE DENTON Y CONTEMPLÁNDOSE UNA FECHA EN VIGOR. CONSIDERANDO QUE, el Ayuntamiento de la Ciudad, adoptó previamente el Mandato No. 2011-1285 en el cual se convoca a elecciones especiales a llevarse a cabo el 8 de noviembre de 2011 con el fin de tomar en consideración la continuidad y adjudicación de una cuarta parte del uno por ciento del impuesto sobre ventas y uso para sufragar los gastos de mantenimiento y reparación de las calles municipales y tomar en consideración la continuidad y adjudicación de la cuarta parte del uno por ciento del impuesto sobre ventas y uso recaudado para sufragar los gastos de los programas para disminuir el crimen durante un plazo de diez (10) años, y CONSIDERANDO QUE, en dicho Mandato se incumplió con incluir las cláusulas aplicables a los habitantes de Coppell en el Condado de Denton, y CONSIDERANDO QUE, el Ayuntamiento de Coppell desea reformar el Mandato No. 2011-1285 con el fin de incluir a sus habitantes ubicados en el Condado de Denton contemplándose la ejecución del contrato con el Condado de Denton, contemplándose los horarios y lugares para ejercer el voto anticipado, contemplándose las boletas electorales por correo, y contemplándose la ubicación de las casillas electorales el día de las elecciones. AHORA, Y POR LO TANTO, QUE SEA ASÍ ORDENADO POR EL AYUNTAMIENTO MUNICIPAL DE LA CIUDAD DE COPPELL, TEXAS: SECCIÓN 1. Que la Sección 3 del Mandato No. 2011-1285 sea, y la misma es, por este conducto reformada para contemplar la ejecución de un contrato con el Departamento Electoral del Condado de Denton, misma que a partir de aquí y más adelante deberá leerse como sigue: “SECCIÓN 3. Las elecciones a las reformas de la Ley Orgánica que se proponen se llevarán a cabo según lo establezcan los Contratos Electorales entre el Ayuntamiento de Coppell, Texas, y el Departamento Electoral del Condado de Dallas y el Departamento Electoral del Condado de Denton, respectivamente, para las elecciones especiales del 8 de noviembre del 2011, en el cual al regente de la ciudad por este medio se le otorgan las facultades para suscribir los Contratos Electorales con los Condados de Dallas y Denton para dirigir las elecciones.” 0 TM 51120.2.090611 SECCIÓN 2. Que la Sección 5 del Mandato No. 2011-1285 sea, y la misma es, por este conducto reformada para añadirle las fechas, horarios y ubicaciones para el Condado de Denton, misma que a partir de aquí y más adelante deberá leerse como sigue: “SECCIÓN 5. La casilla electoral principal para ejercer el voto anticipado para los habitantes del Condado de Dallas, estará ubicada en el Coppell Town Center, donde se llevará a cabo el ejercicio del voto anticipado compareciendo en persona y de acuerdo con los siguientes horarios: Lunes 24 de octubre de 2011 al Sábado 29 de octubre de 2011 de las 8:00 a.m. a las 5:00 p.m., Domingo 30 de octubre de 2011 de la 1:00 p.m. a las 6:00 p.m., Lunes 31 de octubre de 2011 a Miércoles 2 de noviembre de 2011 de las 8:00 a.m. – las 5:00 p.m., Jueves 3 de noviembre de 2011 y Viernes 4 de noviembre de 2011 de las 7:00 a.m. a las 7:00 p.m. Todos los habitantes del Condado de Dallas podrán también ejercer el voto anticipado en cualquier otro lugar asignado para el voto anticipado en el Condado de Dallas. Las ubicaciones y horarios para que los habitantes del Condado de Denton ejerzan el voto anticipado son como sigue: Octubre 24 al 29, Lunes a Sábado de 8:00 a.m. - 5:00 p.m., Octubre 31 al 2 de Noviembre, Lunes a Miércoles de 8:00 a.m. a 5:00 p.m. Noviembre 3 y 4, Jueves y Viernes de 7:00 a.m. - 7:00 p.m. Centro Gubernamental The Colony – 6301 Main, The Colony Recinto Municipal de Lake Dallas - 212 Main St., Lake Dallas Primera Iglesia Bautista de Sanger - 708 S. 5th St., Sanger Recinto Municipal de Justin - 415 N. College, Justin Edificio Administrativo Joseph A. Carroll 401 W. Hickory, Denton Biblioteca Pública de Carrollton - 4220 N. Josey, Carrollton Anexo Municipal de Lewisville - 1197 W. Main Street, Lewisville Frankford Town Houses, 18110 Marsh Ln., Dallas Edif. del Recinto de la Policía Municipal y Tribunales de Flower Mound – 4150 Kirkpatrick, Flower Mound Trophy Club MUD, 100 Municipal Drive, Trophy Club Centro Gubernamental Steven Everett Copeland, 1400 FM 424, Cross Roads Casa Club de Heritage Lakes, 3949 Village Blvd., Frisco Complejo Municipal de Highland Village (Recinto Municipal) 1000 Highland Village Dr., Highland Village.” 1 TM 51120.2.090611 SECCIÓN 3. Que la Sección 6 del Mandato No. 2011-1285 sea, y la misma es, por este conducto reformada para contemplar el ejercicio del voto anticipado por correo con el Departamento Electoral del Condado de Denton, misma que a partir de aquí y más adelante deberá leerse como sigue: “SECCIÓN 6. Que las solicitudes de las boletas electorales para que los habitantes del Condado de Dallas ejerzan el voto anticipado por correo deberán enviarse por correo a: Toni Pickens-Poole, Chief Deputy Early Voting Clerk, Dallas County Elections Department; Health & Human Services Building, 2377 N. Stemmons Freeway, Suite 820, Dallas, Texas 75207. Las solicitudes de boletas electorales para ejercer el voto anticipado por correo para los habitantes en el Condado de Denton deberán enviarse por correo a Frank Phillips, Elections Administrador, Denton County Elections Department, Joseph A. Carroll Building, 401 W. Hickory, Suite 125, Denton, Texas 76201-9026. Las solicitudes para recibir la boleta electoral para ejercer el voto anticipado por correo, si enviará por correo, deberán recibirse antes del mediodía del 30 de octubre del 2011. Las solicitudes para ejercer el voto anticipado, entregadas en persona, deberán entregarse en la oficina de la Secretaría antes del cierre del horario de oficinas del día 11 de Octubre del 2011.” SECCIÓN 4. Que el Mandato No. 2011-1285 permanezca en vigor y en efecto, con excepción a lo aquí reformado. SECCIÓN 5. Este Mandato deberá entrar en vigor inmediatamente a partir y después de su aceptación y publicación de su contenido, según lo contempla la ley y la ley orgánica en dichos casos. DEBIDAMENTE PROMULGADO Y APROBADO por el Ayuntamiento Municipal de la Ciudad de Coppell, Texas en este día _____ del mes de _____________ del año 2011. APROBADO: ____________________________________ DOUGLAS N. STOVER, ALCALDE 2 TM 51120.2.090611 ATESTIGUÓ: __________________________________________ CHRISTEL PETTINOS - SECRETARIA DEL AYUNTAMIENTO APROBADO POR SU CONTENIDO Y FORMA: ___________________________________ ROBERT E. HAGER – PROCURADOR DE JUSTICIA DEL MUNICIPIO (REH/cdb) 3 TM 51120.2.090611 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 Finance September 13, 2011 10 ✔ ORDINANCE Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2011 through September 30, 2012, and authorizing the Mayor to sign. This agenda item is to provide for the adoption of the 2011-12 Municipal Budget for the City of Coppell, Texas. Staff Recommends approval of the Ordinance. $1BudgetAdopt-1AR ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2011-2012; and WHEREAS, the City Council of the City of Coppell has received the proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2011, and ending September 30, 2012 as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2011, and ending September 30, 2012. SECTION 2. That the sum of $84,060,715 is hereby appropriated for the expenditures established in the approved budget, attached hereto as Exhibit “A” and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer designated appropriations to any individual department or activity. SECTION 4. That all notices and public hearings required by law have been duly completed. SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of the 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 thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 13th day of September, 2011. APPROVED: ___________________________ MAYOR ATTEST: ___________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Finance September 13, 2011 11 ✔ ORDINANCE Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2011 at .69046/$100 per valuation of which .49577 for operations and maintenance and .19469 for interest and sinking, and authorizing the Mayor to sign. This agenda item approves the tax rate for fiscal year 2011-12. Staff recommends approval of the tax rate. $3TaxRateAdopt-1AR ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2011 AT A RATE OF .69046 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2011; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the property tax rate for the year 2011-2012 will not be increased by the adoption of $0.69046, which is the same tax rate adopted for the previous fiscal year. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That there be and is hereby levied for the year 2011 on all taxable property, real, personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of .69046 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a tax of $.49577 on each One Hundred Dollars ($100) assessed value of all taxable property. b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.19469 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding bonds. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2011 and all ad valorem taxes for the year shall become delinquent after January 31, 2012. There shall be no discount for payment of taxes prior to said January 31, 2012. A delinquent tax shall incur all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent for each month or portion of a month the tax remains unpaid. An additional penalty on delinquent personal property taxes for tax years 2011 and subsequent years is hereby authorized and imposed as provided by Section 33.11. TEXAS PROPERTY TAX CODE, in the amount of twenty percent (20%) of the delinquent tax, penalty and interest if tax becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter. Taxes that remain delinquent on July 1, 2012, incur an additional penalty not to exceed twenty percent of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to contract with the City’s Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as amended. Taxes for the year 2011 and taxes for all future years that remain delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax code Section 6.30 and Section 33.08, as amended. SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the year 2011, this ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 13th day of September, 2011. APPROVED: ___________________________ MAYOR ATTEST: ___________________________ CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Library September 13, 2011 12 ✔ PROCEDURAL Consider approval of re-naming the Quiet Reading Room at the William T. Cozby Public Library, the Bobby E. Hefner Quiet Reading Room as recommended by the Library Advisory Board. The Library Advisory Board of the William T. Cozby Public Library recommends re-naming the Quiet Reading Room in the library in honor of Bobby E. Hefner, the founder of Coppell's first public library. The recommended new name is Bobby E. Hefner Quiet Reading Room. Staff recommends approval. +LibraryReadingRoom - 1 AR Date: September 6, 2011 From: Victoria Chiavetta, Director of Library Services RE: Library Quiet Reading Room The Library Board expressed interest in re-naming the Quiet Reading Room at the William T. Cozby Public Library following the installation of a plaque recognizing Bobby E. Hefner, the founder of the Coppell Public Library. At their August 11, 2011 board meeting, the Library Board unanimously voted on recommending to Council that the room be called Bobby E. Hefner Quiet Reading Room. If approved, the library will add wording to the existing signage to note the change. 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 September 13, 2011 13 ✔ PRESENTATION Consider approval of the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Site Plan, to allow the development of a 85,000-square-foot office/warehouse building to be located at 112 Wrangler Drive. The following conditions remain outstanding: 1. Execution of the Partial Release of Reciprocal Easement Agreement by the property owner abutting to the east prior filing of the Replat. 2. Approval from ATMOS Energy to allow the erection of the monument sign within the existing 50-foot wide easement. On August 18, 2011, the Planning Commission unanimously recommended approval of this SITE PLAN (5-0), subject to the above-stated conditions. Commissioners Goodale, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends APPROVAL. @01 PWCC, L3R, B5 (Lanvera), SP-1 AR ITEM # 4  Page 1 of 4  CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Site Plan P&Z HEARING DATE: August 18, 2011 C.C. HEARING DATE: September 13, 2011 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 112 Wrangler Drive SIZE OF AREA: 6.1 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A Site Plan to allow the development of a 85,000-square-foot office/warehouse building. APPLICANT: Prospective Purchaser: Architect : John Baldridge John Taylor Lanvera Azimuth Architecture 13755 Hutton Dr 4228 N. Central Expy #106 Dallas, Texas 75234 Dallas, Texas 75206 Phone: 972.488.6403 Phone: 214-261-9061 Fax: 972.488.6463 Fax: 214-261-9049 HISTORY: In January 1990, City Council approved a Preliminary Plat for Parkwest Commerce Center, containing 350 acres. In 1996, a Replat and Site Plan were approved for Lot 1 located at the southwest corner of Belt Line and Airline to allow the construction of a 320,000-square-foot office warehouse. In December of 1997, this same lot was replatted again, and a Site Plan was approved for a 151,000-square-foot office building, which was constructed and is occupied by the IBM Call Center. In June 1998, the Planning and Zoning Commission denied a Replat and Site Plan for two buildings on Lot 2, Block 5, of the Park West Commerce Center Addition (the subject tract) due to significant outstanding conditions. The applicant revised and resubmitted the Site Plan package and Replat and received approval from Council on September 8, 1998, to construct two 104,000-square-foot buildings. Since that time, the ITEM # 4  Page 2 of 4  first building was constructed on one-half of the lot and the other half (current request area) remains vacant. In 2005, the property owner requested to replat this same Lot 2 into two lots to allow for the purchase of the vacant, western 6.1-acres (current request area) for development. This replat was approved subject to: 1) all mutual access/fire lane easements being extended over the existing and proposed driveways onto Belt Line Road and Wrangler Drive, and 2) Prior to filing of the plat, a private maintenance agreement for shared private utilities was required. In 2007, staff administratively approved a request by Atmos Energy to construct a City Gate Measuring Station within their existing 50-foot wide easement adjacent to Wrangler Drive at the southwest corner of the subject property. This facility is encircled by a two-toned screening wall. TRANSPORTATION: Belt Line Road is a six-lane divided thoroughfare, built within 120 feet of right-of- way. Wrangler Drive is a four-lane undivided road, built within 70 feet of right-of- way. SURROUNDING LAND USE & ZONING: North – IBM Call Center; LI (Light Industrial) South – Office and office/warehouse; LI (Light Industrial) East – Office/warehouse; LI (Light Industrial) West – Office/warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011, shows this property as Industrial Special District which supports office/warehouse uses. DISCUSSION: The purpose of this site plan approval request is to allow the construction of an 85,000 square foot office/warehouse building to be the headquarters for Lanvera Group, Inc. who are relocating from Farmers Branch. Lanvera is a document outsourcing company specializing in business critical document production including statements, invoices, tax forms, checks etc. They provide both print/mail and electronic delivery, and currently process documents for over 120 financial institutions. This company employs 41 people and expects to add 15-20 employees over the next five years. Lanvera will occupy approximately one-half of this building, and the remaining is to be leased to three additional office/warehouse users. This building will be served by two driveways along Wrangler Drive and a fire lane will encircle the building. The 164 parking spaces are sufficient to accommodate 40% office and 60% warehouse. The parking spaces are 9 feet wide by 17-feet deep, providing the required 2-feet in additional green areas. ITEM # 4  Page 3 of 4  The Landscape Plan meets all requirements of the landscape Ordinance. There will be a combination of street trees and berming along Wrangler Drive which is typical along the south side of this street. The trees proposed for the east and north property lines will further enhance the visual buffer provided by the existing mature trees on these common property lines. The building elevations indicate a three-tone taupe tilt-wall building with four entries. Along Wrangler Drive, and along the north and south building elevations (facing existing office buildings) the entries have been enhanced with stone detailing and metal canopies. Eight-foot tall windows are planned along these elevations. The loading area will face the existing warehouse to the west and will be screened from Wrangler Drive through a combination of a 14’ screening wall, landscaping and the existing Atmos Gate Measuring Station, which is enclosed by 6-foot tall screening walls. A 60-square foot multitenant monument sign is proposed on Wrangler Drive. The sign will be constructed of a combination of stone and concrete to match the building. The building and tenant names will be aluminum pin-mounted letters. The sign proposed to be located along the northern edge of the existing 50-foot wide gas line easement that encumbers the southern perimeter of this site. Approval form Atmos Energy will be necessary prior to erecting this sign. As discussed in the History section of this report, this property was originally envisioned to be developed with a building similar to the existing office to the east, with mutual access and shared utilities, etc. In 2005, a replat was approved to allow the sale of this property as a separate lot. With that replat approval, a Reciprocal Easement Agreement (REA) was executed by Prentiss Properties who owned both lots at that time. Over the past six years both properties have changed ownership. However, the REA, is still in force and needs to be amended to recognize the development as currently proposed. It has been determined that the common utilities provision of this REA is still valid, but the mutual access needs to be revised to accommodate the separation of these developments. Staff has reviewed a draft of the Partial Release of the Reciprocal Easement Agreement. The execution of this is currently being pursued by the developer/potential purchaser (Lanvera) of the subject property. The approval of the site plan and plat will be contingent upon the execution of this document by the abutting property owner. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Site Plan, subject to the following conditions: 1. Execution of the Partial Release of Reciprocal Easement Agreement by the property owner abutting to the east prior filing of the Replat. 2. Approval from Atmos Energy to allow the erection of the monument sign within the existing 50-foot wide easement ITEM # 4  Page 4 of 4  ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Landscape Plan 3. Elevations Tenant Four Tenant Three Tenant Two Tenant One Lanvera Business Center 100 120 140 180 6" PIN MOUNT ALUMINUM LETTERS. 9'-10" 2" 10'-0" 1'-8"1'-8"4'-10"1'-8"2"10"10"10"10"10"4"6"10"6'-0"CULTURED STONE VENEER TO MATCH BUILDING. 6" SURFACE MOUNT ALUMINUM LETTERS. PAINTED AND TEXTURE CONCRETE WITH 1 1 2" REVEALS TO MATCH BUILDING. CULTURED STONE VENEER TO MATCH BUILDING. Scale:" ='-" 08 MONUMENT SIGN 1/4 1 0 112 Scale:" ='-" 04 EAST ELEVATION 1/16 1 0 Scale:" ='-" 16 WEST ELEVATION 1/16 1 0 Scale:" ='-" 10 SOUTH ELEVATION 1/16 1 0 Scale:" ='-" 06 NORTH ELEVATION 1/16 1 0 F.F.E. 100'-0" T.O. PARAPET 135'-0" B.O. CANOPY 111'-4" T.O. OPENING 117'-6" F.F.E. 100'-0" T.O. DOCK DR. 45'-0"85'-0"45'-0"35'-0"45'-0"85'-0"32'-6"32'-6" T.O. PARAPET 132'-6" PAINTED STEEL CANOPY ALUMINUM STOREFRONT STONE WALL SUITE 180 SIGNAGE, 47.5 S.F. MAX. PAINTED CONCRETE TILTWALL PANELS WITH TEXTURED TOPCOAT HORIZONTAL AND VERTICAL REVEALS METAL HALIDE SHOEBOX LIGHT FIXTURE, TYP. LINE OF ROOF BEYOND METAL HALIDE WALL PACK LIGHT FIXTURE, TYP. LINE OF ROOF BEYOND METAL HALIDE WALL PACK LIGHT FIXTURE, TYP. EXHAUST AIR INTAKE LOUVER, TYP. DOCK DOOR, TYP.ROOF DRAIN OVER FLOW SCUPPER, TYP. ROOF DRAIN WITH GALV. METAL LAMBS TONGUE SCUPPER, TYP. LINE OF ROOF BEYOND COLOR 1: SHERWIN WILLIAMS - SW 7036 Accessible Beige PAINT COLOR SELECTION: COLOR 2: SHERWIN WILLIAMS - SW 7038 Tony Taupe COLOR 3: SHERWIN WILLIAMS - SW 7039 Virtual Taupe 43'-10" 85'-0"32'-6" 112 5'-0"45'-0" F.F.E. 100'-0" T.O. PARAPET 135'-0" 45'-0"27'-6" SUITE 120 & 140 SIGNAGE, 47.5 S.F. MAX. EACH 1'-3"SUITE 100 SIGNAGE, 47.5 S.F. MAX. PAINTED STEEL CANOPY ALUMINUM STOREFRONT SUITE 100 SIGNAGE, 47.5 S.F. MAX. PAINTED CONCRETE TILTWALL PANELS WITH TEXTURED TOPCOAT HORIZONTAL AND VERTICAL REVEALS 45' X 14' SCREEN WALL METAL HALIDE WALL PACK LIGHT FIXTURE, TYP. LINE OF ROOF BEYOND 85'-0"32'-6" F.F.E. 100'-0" T.O. PARAPET 135'-0" T.O. WALL 110'-0" T.O. OPENING 117'-6" 45'-0"27'-6" PAINTED STEEL CANOPY ALUMINUM STOREFRONT PAINTED CONCRETE TILTWALL PANELS WITH TEXTURED TOPCOAT HORIZONTAL AND VERTICAL REVEALS 45' X 14' SCREEN WALL B.O. CANOPY 111'-4" T.O. OPENING 117'-6" 12" ADDRESS NUMBERS T.O. PARAPET 132'-6" 100'-0"76'-8"85'-8"100'-0"43'-10" CLERESTORY WINDOW TYP.PAINTED CONCRETE TILTWALL PANELS WITH TEXTURED TOPCOAT A7.00 EXTERIOR ELEVATIONS COPYRIGHT 2011 AZIMUTH : ARCHITECTURE, INC. DATE:August 09, 2011 SHEET:CLIENT:REVISIONS:SEAL:C 17008 JOB # :SHEET CONTENTS: 1 112 Wrangler Drive Coppell, Texas 750192 3 4 5 Lanvera6 7 7.18.11 8 9 DRC Pre-Submittal 214.261.9049 Fax 214.261.9061 4228 N. Central Expwy. Dallas, Texas 75206 Suite 106a r c h i t e c t u r ewww.azimutharc.com 7.20.11 DRC Submittal 8.04.11 DRC Meeting 8.09.11 P&Z Submittal COLOR 1: SHERWIN WILLIAMS - SW 7036 Accessible Beige PAINT COLOR SELECTION: COLOR 2: SHERWIN WILLIAMS - SW 7038 Tony Taupe COLOR 3: SHERWIN WILLIAMS - SW 7039 Virtual Taupe F.F.E. 100'-0" T.O. PARAPET 135'-0" B.O. CANOPY 111'-4" T.O. OPENING 117'-6" PAINTED STEEL CANOPY ALUMINUM STOREFRONT STONE WALL METAL HALIDE LIGHT FIXTURE PAINTED CONCRETE TILTWALL PANELS WITH TEXTURED TOPCOAT HORIZONTAL AND VERTICAL REVEALS CULTURED STONE SELECTION:WINDOW FRAME & GLASS SELECTION: CLEAR ALUMINUM FINISH WITH GRAY2000 INSULATED GLASS 17008 A Z I M U T H : www.azimutharc.com 214.261.9049 Fax 214.261.9061 4228 N. Central Expwy. Dallas, Texas 75206 Suite 106a r c h i t e c t u r eJuly 20, 2011 Lanvera Building Elevation and Materials 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 September 13, 2011 14 ✔ PUBLIC HEARING Consider approval of the Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Replat, being a replat of Lot 3, Block 5, of Park West Commerce Center to abandon and establish various easements to allow the development of an office/warehouse building to be located at 112 Wrangler Drive. The following conditions remain outstanding: 1. Execution of the Partial Release of Reciprocal Easement Agreement by the property owner abutting to the east prior filing of the Replat. 2. Notations being included on the Replat with the filing information for the original Reciprocal Easement Agreement as well as the Partial Release of Reciprocal Easement Agreement as herein required to allow for cross reference of these documents. On August 18, 2011, the Planning Commission unanimously recommended approval of this REPLAT (5-0), subject to the above-stated conditions. Commissioners Goodale, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends APPROVAL. @02 PWCC, L3R, B5 (Lanvera),RP-1 AR ITEM #5  Page 1 of 3  CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Replat P&Z HEARING DATE: August 18, 2011 C.C. HEARING DATE: September 13, 2011 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 112 Wrangler Drive SIZE OF AREA: 6.1 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A replat of Lot 3, Block 5 of Park West Commerce Center to abandon and establish various easements to allow the development of an office/warehouse building. APPLICANT: Prospective Purchaser: Engineer: John Baldridge Eddie Eckart Lanvera Goodwin and Marshall, Inc. 13755 Hutton Dr 2405 Mustang Drive Dallas, Texas 75234 Grapevine, Texas 76051 Phone: 972.488.6403 Phone: 817-329-4373 Fax: 972.488.6463 Fax: 817-329-4453 HISTORY: In January 1990, City Council approved a Preliminary Plat for Parkwest Commerce Center, containing 350 acres. In 1996, a Replat and Site Plan were approved for Lot 1 located at the southwest corner of Belt Line and Airline to allow the construction of a 320,000-square-foot office warehouse. In December of 1997, this same lot was replatted again, and a Site Plan was approved for a 151,000-square-foot office building, which was constructed and is occupied by the IBM Call Center. In June 1998, the Planning and Zoning Commission denied a Replat and Site Plan for two buildings on Lot 2, Block 5, of the Park West Commerce Center Addition (the subject tract) due to significant outstanding conditions. The applicant revised and resubmitted the Site Plan package and Replat and received approval from Council on September 8, 1998, to construct two 104,000-square-foot buildings. Since that time, the first building was constructed on one-half of the lot and the other half (current request area) remains vacant. ITEM #5  Page 2 of 3  In 2005, the property owner requested to replat this same Lot 2 into two lots to allow for the purchase of the vacant, western 6.1-acres (current request area) for development. This replat was approved subject to: 1) all mutual access/fire lane easements being extended over the existing and proposed driveways onto Belt Line Road and Wrangler Drive, and 2) Prior to filing of the plat, a private maintenance agreement for shared private utilities was required. In 2007, staff administratively approved a request by Atmos Energy to construct a City Gate Measuring Station within their existing 50-foot wide easement adjacent to Wrangler Drive at the southwest corner of the subject property. This facility is encircled by a two-toned screening wall. TRANSPORTATION: Belt Line Road is a six-lane divided thoroughfare, built within 120 feet of right-of-way. Wrangler Drive is a four-lane undivided road, built within 70 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – IBM Call Center; LI (Light Industrial) South – Office and office/warehouse; LI (Light Industrial) East – Office/warehouse; LI (Light Industrial) West – Office/warehouse; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011, shows this property as Industrial Special District which supports office/warehouse uses. DISCUSSION: This is a companion to the Site Plan request to allow the construction of an 85,000 square foot office/warehouse on this property. As detailed in the discussion on the Site Plan Approval, this property was originally planned for a mirror image of the existing building on the property abutting to the east. The existing plat contains various easements to support the previous building configuration, including shared access and private utilities. The purpose of this replat is to revise/abandon and relocate utility, access and fire lane easements to accommodate the office/warehouse use as currently proposed. The Reciprocal Easement Agreement (REA) executed by Prentiss Properties in 2005 also must be amended to recognize the office/warehouse building as currently proposed. It has been determined that the common utilities provision of this REA is still valid, but the mutual access component needs to be revised to accommodate the separation of these developments. The approval of this replat is contingent upon the execution of Partial Release of the Reciprocal Easement Agreement by the abutting property owner to the east. ITEM #5  Page 3 of 3  RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Park West Commerce Center, Lot 3R, Block 5 (Lanvera), Replat, subject to the following conditions: 1. Execution of the Partial Release of Reciprocal Easement Agreement by the property owner abutting to the east prior filing of the Replat. 2. Notations being included on the Replat with the filing information for the original Reciprocal Easement Agreement as well as the Partial Release of Reciprocal Easement Agreement as herein required to allow for cross reference of these documents. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office September 13, 2011 15 ✔ PUBLIC HEARING Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Lot 2, Block A of the Freeport North Addition (17.824 acres) and located north of Bethel Road, east of Creekview Drive. The Public Hearing Notice was published in the Citizens Advocate on Friday, September 2, 2011. The public hearing is for the designation of a reinvestment zone for S.P. Richards Company. Staff recommends approval. !SP Richards Public Hearing Date: September 13, 2011 From: Mindi Hurley, Economic Development Coordinator RE: S.P. Richards Company – Public Hearing S.P. Richards will be occupying 212,776 square feet of space at 611 S. Royal Lane, Suite 100. Genuine Parts Company is the parent company, and S.P. Richards Company is one of the four major business units for Genuine Parts. S.P. Richards is signing a 20 year lease at this location. At their August 2010 meeting, the Economic Development Committee unanimously recommended a 75% abatement of business personal property for a period of 5 years. A public hearing must be held to create a Reinvestment Zone for a tax abatement. Reinvestment Zone No. 63 will be created for S.P. Richards Company. 611 S. Royal Lane is described as Lot 2, Block A of the Freeport North Addition (17.824 acres), which is located north of Bethel Road and east of Creekview Drive. The public hearing notice was published in the Citizens’ Advocate on Friday, September 2, 2011, as required by Chapter 312 of the Texas Property Code. The public hearing will be held on August 23, 2011 to determine if the improvements in the zone are feasible, practical and of benefit to the land. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 13th day of September, 2011, at 7:30 P.M., to consider designation of the property described as Lot 2, Block A, Freeport North (17.824 acres), located north of Bethel Rd., east of Creekview Dr., Coppell, Texas, S.P. Richards Company, as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate Friday, September 2, 2011 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office September 13, 2011 16 ✔ ORDINANCE Consider approval of an Ordinance designating S.P. Richards Company, Reinvestment Zone No. 63, and authorizing the Mayor to sign. City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on September 13, 2011. Reinvestment Zone No. 63 will be designated for S.P. Richards Company for their business personal property abatement. The real property is owned by Duke Realty Corporation. Staff recommends approval. !SP Richards Ordinance Date: September 13, 2011 From: Mindi Hurley, Economic Development Coordinator RE: S.P. Richards Company - Ordinance S.P. Richards will be occupying 212,776 square feet of space at 611 S. Royal Lane, Suite 100. Genuine Parts Company is the parent company, and S.P. Richards Company is one of the four major business units for Genuine Parts. S.P. Richards is signing a 20 year lease at this location. At their August 2010 meeting, the Economic Development Committee unanimously recommended a 75% abatement of business personal property for a period of 5 years. In order to grant a tax abatement for business personal property, a reinvestment zone must be created. The boundaries for Reinvestment Zone No. 63 are designated by this ordinance. The 17.824 acre tract of land included in this zone is located north of Bethel Road and east of Creekview Drive. The legal description for the property is Lot 2, Block A of the Freeport North Addition. The real property is owned by Duke Realty Corporation, but the zone is being created for the business personal property abatement proposed for S.P. Richards Company. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 63 (S.P. RICHARDS COMPANY); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 63 S.P. Richards Company”. 2 SECTION 3. The property within Reinvestment Zone No. 63 is eligible for commercial- industrial tax abatement effective on January 1, 2011. SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY (PGS:01-24-11:47442) EXHIBIT “A” LEGAL DESCRIPTION OF LAND WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office September 13, 2011 17 ✔ RESOLUTION Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and S.P. Richards Company, and authorizing the Mayor to sign. City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on September 13, 2011. The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement request at their August 2010 meeting. S.P. Richards Company will be leasing approximately 212,776 square feet of space at 611 S. Royal Lane. The terms of this agreement will be a 75% abatement on business personal property for a period of 5 years. Staff recommends approval. !SP Richards Resolution Date: September 13, 2011 From: Mindi Hurley, Economic Development Coordinator RE: S.P. Richards Company - Resolution S.P. Richards will be occupying 212,776 square feet of space at 611 S. Royal Lane, Suite 100. Genuine Parts Company is the parent company, and S.P. Richards Company is one of the four major business units for Genuine Parts. S.P. Richards is signing a 20 year lease at this location. Reinvestment Zone Number 63 will be created by ordinance on September 13, 2011. The resolution and abatement that coincide with Reinvestment Zone Number 63 grant S.P. Richards Company a 5 year, 75% tax abatement on business personal property. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND S.P. RICHARDS COMPANY; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas and S.P. Richards Company, a Georgia corporation, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2011. CITY OF COPPELL, TEXAS ___________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (PGS:01-24-11:47441) 3 EXHIBIT “A” (copy of Tax Abatement Agreement) Page 1 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and S.P. Richards Company, a Georgia corporation (the “Lessee”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 63 (the “Zone”) for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the corporate commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to lease approximately 212,776 square feet of office and warehouse/distribution space in Suite 100 of the Freeport VII building, located at 611 South Royal Lane, Coppell, Texas 75019 (hereinafter defined as the “Leased Premises”), in order to consolidate its two distribution facilities currently located in Carrollton, Texas; said Leased premises to serve as its local distribution center of office supplies and furniture, for a period of at least five (5) years (hereinafter defined as the “Lease”), and intends to locate and maintain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, the development efforts of the Lessee described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Improvements, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the Page 2 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Improvements (hereinafter defined) sought are feasible and practicable and would be of benefit to the Land to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Property is located; and WHEREAS, the City desires to enter into an agreement with the Lessee for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “City” shall mean the City of Coppell, Texas. “Effective Date” shall mean the last date of execution of this Agreement. “First Year of Abatement” shall mean January 1 of the calendar year following the date of issuance of a certificate of occupancy by the City for the Lessee’s occupancy of the Leased Premises. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by Page 3 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Improvements” shall mean the Freeport VII building on the Land located at 611 South Royal Lane, Coppell, Texas 75019. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises by Lessee for a period of not less than five (5) years commencing on the Lease Inception Date. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than April 1, 2011. “Leased Premises” shall mean approximately 212,776 square feet of office and warehouse/distribution space in Suite 100 in the Improvements. “Lessee” shall mean S.P. Richards Company, a Georgia corporation. “Premises” shall mean collectively, the Land and Improvements, but excluding the Tangible Personal Property. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or leased by Lessee that is located on the Leased Premises beginning January 1, 2012. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 The Lessee has or intends to enter into the Lease. The Lessee intends to locate and maintain Tangible Personal Property at the Leased Premises. 2.2 The Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. Page 4 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) 2.4 The Premises and Tangible Personal Property are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 Lessee shall before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of this Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, the City hereby grants Lessee an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years beginning with the First Year of Tax Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property that is located on the Leased Premises beginning January 1, 2012. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years beginning with the First Year of Tax Abatement. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. 3.5 The Lessee agrees to locate and maintain Tangible Personal Property at the Leased Premises with a Taxable Value of at least Two Million Dollars ($2,000,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. 3.6 The term of this Agreement shall begin on the Effective Date and continue until March 1 of the calendar year following the sixth (6th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. Page 5 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) Article IV Improvements 4.1 Nothing in this Agreement obligates the Lessee to enter into the Lease and/or occupy the Leased Premises, but said action is a condition precedent to tax abatement pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees to enter into the Lease on or before January 31, 2011. Lessee agrees subject, to events of Force Majeure, eminent domain or casualty, to continuously lease and occupy the Leased Premises for a period of at least five (5) years commencing on the Lease Inception Date. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises during Lessee’s occupancy of the Leased Premises to inspect the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with Lessee’s visitor access and security policies, in order to insure that the use of the Leased Premises are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not otherwise cured within the applicable cure period, then Lessee after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement for the Tangible Personal Property, with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible Personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 5.2 Upon breach by Lessee of any obligations under this Agreement, the City shall notify the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and Page 6 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement, by written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, as set forth in Section 5.1 above, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property, without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser of the Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District and provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered: Page 7 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) If intended for Lessee, to: Attn: Finance Department S.P. Richards Company 6300 Highlands Parkway Smyrna, Georgia 30082 Telephone: 770.436.6881 Facsimile: 770.433.3570 With a Copy to: Attn: Finance Department Genuine Parts Company 2999 Circle 75 Parkway Atlanta, Georgia 30339 Telephone: 770.953.1700 Facsimile: 770.956.2211 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 Telephone: 972.304.3677 Facsimile: 972.304.3673 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Telephone: 214.965.9900 Facsimile: 214.965.0010 Email: psmith@njdhs.com 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, Page 8 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned without the prior written consent of the City Manager. 8.10 Conditions Precedent. This Agreement is conditioned on and subject to the following: (i) the Lessee entering into the Lease on or before May 31, 2011; (ii) Lessee providing a fully executed copy of the Lease to the City. 8.11 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and if convicted, by a final non-appealable conviction, of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein as of the date of such final non-appealable conviction within 120 business days after the date the Lessee is notified by the City of such final non-appealable conviction, plus interest at the rate of 6% compounded annually from the date of such final non- appealable conviction until paid. 8.12 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Page 9 Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) EXECUTED in duplicate originals the ____ day of _______________, 2011. CITY OF COPPELL, TEXAS By: ______________________________________ Douglas N. Stover, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2011. S.P. RICHARDS COMPANY, a Georgia corporation By:_______________________________________ Name:______________________________ Title: ______________________________ Page 1 Exhibit “A” to Tax Abatement Agreement City of Coppell and S.P. Richards Company (47420) EXHIBIT “A” Legal Description of the Land WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering September 13, 2011 18 ✔ CONTRACT/BID or PROPOSAL Consider approval of a contract award with JRJ Paving, LP in the amount of $4,645,190.39 for Bid #Q-0811-01 Old Town Coppell and Bethel Road Infrastructure Improvement Project ST 10-02; as provided for in CIP funds; and authorizing the City Manager to sign and execute necessary documents. The contract award will allow for the construction of Old Town, as well as portions of Coppell and Bethel Road, as part of the Old Town Improvement project. Staff will be available to answer any questions. Funds are available in the 2011 Street CIP account for this project. Staff recommends approval of this contract. Old Town Const contract-1 AR bid amount. The bonus is broken into several categories, all of which are based on incentives for early completion of certain milestones, and overall completion of the project. The city has used monetary incentives for the last several years in an effort to minimize the impact to our citizens and the traveling public during construction. We are including the maximum incentive amount in the award; however, the incentive will only be paid if it is earned under the terms of the contract. Portions of the project are the responsibility of the developer of the Old Town Coppell. Therefore, as the development moves forward, that developer will be reimbursing the City for his portion of the project cost. Staff recommends the award of the Old Town Coppell and Bethel Road infrastructure improvements, to JRJ Paving, Inc. in the amount of $4,645,190.39, as budgeted in the Capital Improvement Fund with 350 calendar days. Staff will be available to answer any questions at the council meeting. S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 CC Old Town Coppell and Bethel Road Infrastructure Improvements. 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 Old Town Coppell and Bethel Road Infrastructure Improvements. City of Coppell Project ST10-02 S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 CC Created on: 7 September 2011 by Scott Latta Created in CIVIL3D 2/2 INFRASTRUCTURE IMPROVEMENTS COMPLETED S COPPELL ROAD IMPROVEMENTS WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks and Recreation September 13, 2011 19 ✔ CONTRACT/BID or PROPOSAL Consider rescinding an award of a contract with Comm-Fit in the amount of $116,065.40 for fitness equipment for the Coppell Aquatics and Recreation Center, and authorizing the President of the CRDC and the City Manager to execute the necessary action. See attached memo. Staff recommends approval. ^Comm-Fit - 1 AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: September 13, 2011 To: Mayor and City Council From: Brad Reid, Director Re: Aquatics and Recreation Center Fitness Equipment Award Background: It is important to understand some background as to what three of the items on your agenda tonight entail and describe why you are being asked to reconsider some previously authorized purchases. The items and purchasing quotes in question are for the purchase of fitness equipment for the expansion of the Aquatics and Recreation Center. Two items were brought to the City Council on July 12, 2011, for consideration of approval. Both items were approved. However, changes are needed to the award of this equipment for several reasons. First, the quotes and subsequent staff recommendations did not include the delivery and installation costs for the equipment. There were also some errors in the recommendation regarding the availability of the equipment from the specified cooperative purchasing agreements. The items under consideration tonight will eliminate these errors and allow for the proper purchase of the requested equipment. The two contracts previously approved were to Comm-Fit in the amount of $116, 065.40, and to Fitco in the amount of $189,330.50. The first of the items under consideration tonight is to request that the Comm-Fit contract be completely rescinded due to the nature of the problems with the original award. The issues related to this award are that the incorrect cooperative purchasing agreement was indicated for some equipment, the delivery and installation costs were not included and the vendor has since offered an equipment exchange for credit. The next item authorizes a new contract amount to Comm-Fit for the purchase of most of the equipment originally awarded to this vendor. It also awards the remainder of the equipment to a third vendor, TKO. This is done because Comm-Fit does not have the desired equipment on an existing cooperative purchasing agreement. Finally, this item includes the delivery and installation costs for the associated equipment. The net difference from the original award of this equipment is an additional $3,252.42. The only change to the contract previously awarded to Fitco is to add the delivery and installation costs. These have been added as an amendment to the original contract, which can be authorized in the third of the three agenda items. The total Fitco quote is $201,420.50. The net difference from the original award on this item is an additional $12,090.00. Action requested: Approval of these items 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 September 13, 2011 20 ✔ CONTRACT/BID or PROPOSAL Consider award of bids and authorize purchase orders for fitness equipment for the Coppell Aquatics and Recreation Center to the following vendors and in the amount as follows: Comm-Fit in the amount of $103,645.15 and TKO in the amount of $15,672.70, and authorize the President of the CRDC and the City Manager to execute the necessary action See attached memo. Funds are available from the 1/2 percent CRDC sales tax for this contract. Staff recommends approval. ^Comm-Fit TKO Award - 1 AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks and Recreation September 13, 2011 21 ✔ CONTRACT/BID or PROPOSAL Consider an amendment to a contract with Fitco in the additional amount of $12,090.00, for shipping and installation of fitness equipment previously purchased and authorized. See attached memo. Funds are available from the 1/2 percent CRDC sales tax for this contract. Staff recommends approval. ^Fitco Amendment - 1 AR AGENDA REQUEST FORM DATE: September 13, 2011 ITEM #: 22 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep DATE: September 13, 2011 ITEM #: 23 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover on the Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: September 13, 2011 ITEM #: 24 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: September 13, 2011 ITEM #: 25 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: September 13, 2011 Department Submissions: Item No. 12 was placed on the Agenda for the above-referenced City Council meeting by the Library Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Library Department Items No. 13 and 14 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 Item No. 18 was 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 CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: September 13, 2011 Items No. 19, 20 and 21 were 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 Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)