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CP 2012-10-23City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, October 23, 2012 KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tem BOB MAHALIK BILLY FAUGHT Place 2 Place 5 WES MAYS MARVIN FRANKLIN Place 3 Place 6 GARY RODEN AARON DUNCAN Place 4 Place 7 CLAY PHILLIPS City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 6:00 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: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects north of Creekview and east of Royal Lane. Section 551.072, Texas Government Code - Deliberation regarding Real Property. Page 1 City of Coppell, Texas Printed on 10/19/2012 October 23, 2012City Council Meeting Agenda B.Discussion regarding property purchases and matters concerning property located at Northlake. Section 551.071, Texas Government Code - Consultation with City Attorney. C.Seek legal advice concerning Grocery Store and Convenience Store Zoning and TABC Permitting. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Presentation on the 2012 Citizen Satisfaction Survey. B.Discussion regarding Residential Speed Limits. C.Boards and Commissions Appointment Process. Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Consider approval of a Proclamation naming the week of October 23 through October 31, 2012 as “Red Ribbon Week,” and authorizing the Mayor to sign. Red Ribbon 2012.pdfAttachments: 7.Consider approval of a Proclamation to designate October “Blood Donor Awareness Month” and authorizing the Mayor to sign. Blood Donor Awareness Proclamation.pdfAttachments: 8.Consider approval of a proclamation naming the month of November as “Coppell ISD Education Foundation Month,” and authorizing the Mayor to sign. Proclamation Education Foundation 2012.pdfAttachments: 9.Consider approval of a proclamation naming the month of November 2012 as “Pulmonary Hypertension Awareness Month,” and authorizing the Mayor to sign. Proclamation Pulmonary Hypertension Month 2012.pdfAttachments: 10.Consider approval of a proclamation naming the week of November 5-9, 2012 as “Municipal Courts Week”, and authorizing the Mayor to sign. Municipal Court Week Proclam.pdfAttachments: 11.Report by Park and Recreation Board. 12.Presentation Regarding the 2012 Coppell Citizen Satisfaction Survey. Page 2 City of Coppell, Texas Printed on 10/19/2012 October 23, 2012City Council Meeting Agenda Survey 2012 Council Memo.pdf 2012 CITIZEN ATTITUDE SURVEY CUMULATIVE.pdf Attachments: 13.Citizens’ Appearance 14.Public Hearing: Conduct a public hearing concerning the proposed Annexation and Service Plan for 25.904 acres of property generally located northeast of the existing city limit line, east of MacArthur Blvd. and north of Sandy Lake Road, into the City of Coppell, Dallas County, Texas. Service Plan.pdf Annexation Exhibit.pdf Attachments: 15.Consider approval of the minutes:October 9, 2012. Minutes for October 9, 2012.pdfAttachments: 16.Consider approval of an Interlocal Purchasing Agreement between the Brazos Valley Council of Governments “BVCOG” and the City of Coppell; and authorizing the Mayor to sign. Brazos Valley memo.pdf PSA-Interlocal-Purchasing-Agreement.pdf Attachments: 17.Consider approval to purchase equipment and services from the City of Carrollton/Xerox State & Local Solutions, Inc. to install new and additional equipment in the existing and new Police fleet for $126,966 as budgeted in the Crime Control District Fund; and authorizing the City Manager to sign any necessary documents. 2013 Police Tahoe Equipment Purchase.pdf Coppell Tahoe Builds FY12-13.pdf Attachments: 18.Consider approval of the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Main Street Coppell, and authorize the Mayor to execute a Correction Special Warranty Deed and other necessary documents. Memo - First Amendment to CCRS.pdf First Amendment to CCRs.pdf Correction Deed - City to CEDF.pdf Attachments: 19.City Manager Reports Project Updates and Future Agendas. 20.Mayor and Council Reports A.Report by Mayor Hunt on OakFest. B.Report by Mayor Hunt regarding Make a Child Smile and the Holiday Page 3 City of Coppell, Texas Printed on 10/19/2012 October 23, 2012City Council Meeting Agenda Food Drive. C.Report by Mayor Hunt on the Lighted Parade and Tree Lighting Celebration. 21.Council Committee Reports A.Carrollton/Farmers Branch ISD/Lewisville ISD - Faught and Roden B.Coppell ISD - Mahalik and Mays C.Coppell Seniors - Brancheau and Faught D.Dallas Regional Mobility Coalition - Hunt E.International Council for Local Environmental Initiatives (ICLEI) - Brancheau F.Metrocrest Medical Foundation - Mahalik G.Metrocrest Family Medical Services - Mays H.Metrocrest Social Service Center - Franklin I.North Central Texas Council of Governments - Duncan J.North Texas Commission - Roden K.Senior Adult Services - Franklin 22.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 23.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, 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 19th day of October, 2012, at _____________. ______________________________ Christel Pettinos, City Secretary 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 makes 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). Page 4 City of Coppell, Texas Printed on 10/19/2012 October 23, 2012City Council Meeting Agenda Page 5 City of Coppell, Texas Printed on 10/19/2012 Proclamation WHEREAS, tobacco, alcohol, and other drug use has reached epidemic stages in the United States, with the 15-24 year old age group dying at a rate which is higher than that of any other age group; and WHEREAS, in an effort to combat the continuing demand for drugs in our country, it is imperative that our community launch a visible, unified prevention education effort directed toward both youth and adult age groups; and WHEREAS, Texans’ War on Drugs is sponsoring the Red Ribbon Campaign all across our State during Red Ribbon Week, October 23 through October 31, 2012, to offer Texans the opportunity to demonstrate their commitment to drug-free lifestyles; and WHEREAS, individuals and groups in business, government, law enforcement, education, religious institutions, athletic and service organizations, and others will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying Red Ribbons during Red Ribbon Week; and WHEREAS, the Coppell Police Department desires to present a uniformed and visible commitment toward a drug-free community, particularly during the Texas Red Ribbon Week, and plan to involve all segments of our community: schools, churches, businesses and industry, media, and City employees. NOW, THEREFORE, I, Karen S. Hunt, Mayor of the City of Coppell, do hereby proclaim the week of October 23 through October 31, 2012 as “Red Ribbon Week” in the City of Coppell, Dallas County, Texas. The Mayor and City Council call on all citizens to join in this worthwhile campaign toward a drug-free community. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ___________ day of October 2012. ____________________________________ Karen Selbo Hunt, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary PROCLAMATION WHEREAS, blood donation is necessary to sustain the lives and health of many in our community as evidenced by Carter BloodCare’s mission and dedication to its area hospital partners; and WHEREAS, volunteer blood donor drives are events which benefit our community; and WHEREAS, the City of Coppell employee group, in cooperation with Coppell Chamber of Commerce and Carter BloodCare, holds blood donor drives in October every year; NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim the month of October 2012 as: “BLOOD DONOR AWARENESS MONTH” To enhance understanding of the need for blood donations for the benefit of the community, and the importance of giving the “Gift of Life” to the many patients in need of donated blood products every day. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 23rd day of October, 2012. _________________________________ Karen Selbo Hunt, Mayor ATTEST: _______________________________ Christel Pettinos, City Secretary PROCLAMATION WHEREAS, the Coppell ISD Education Foundation believes that all parents and community members can participate with the school district to enrich public education; and WHEREAS, the Foundation seeks to encourage all students to work to their highest potential by providing opportunities for unique educational experiences; and WHEREAS, the Foundation encourages Coppell ISD teachers to implement innovative instructional strategies by funding original programs and projects; and WHEREAS, the Foundation believes in recognizing staff members for exemplary teaching; and WHEREAS, the Foundation is resolved, through the administration of its gifts, to support education in Coppell ISD. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the city of Coppell, do commend the directors of the Coppell Independent School District Education Foundation, and proclaim the month of November as "COPPELL ISD EDUCATION FOUNDATION MONTH" and call upon all citizens to join me in recognizing the valuable work of the Education Foundation and to work with them to support the staff and students of Coppell public schools. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this ______day of October 2012. ____________________________________ Karen Selbo Hunt, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary PROCLAMATION WHEREAS, the health of our community's people is the foundation for a caring and productive society, and our future rests with our ability to adequately treat, and ultimately find cures for individuals who are afflicted with a variety of illnesses including pulmonary hypertension; and WHEREAS, pulmonary hypertension (PH) is a rare disorder causing intolerable blood pressure levels in the arteries between the lungs and heart; and WHEREAS, in 2001, there were 3,000 PH patients receiving treatment from 100 PH treating-physicians. In just five years, those numbers had grown to an estimated 30,000 patients and 3,000 treating physicians; and WHEREAS, there are at least as many undiagnosed as diagnosed patients and without treatment, PH patients live an average of 2.8 years past diagnosis; with early diagnosis and effective treatment, the disorder can be managed for twenty years or more; and WHEREAS, education can help with early diagnosis and funding for research can help find a cure; and, WHEREAS, the Pulmonary Hypertension Association is a nonprofit organization that seeks ways to prevent and cure pulmonary hypertension, and to provide hope for the PH community through support, education, advocacy and awareness. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim November 2012 to be “PULMONARY HYPERTENSION AWARENESS MONTH" and urge all the citizens of the City of Coppell to recognize the seriousness of this disease and the meritorious work of the Pulmonary Hypertension Association to find a cure. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 23rd day of October 2012. _________________________________ Karen Selbo Hunt, Mayor ATTEST: ___________________________ Christel Pettinos, City Secretary PROCLAMATION WHEREAS, there are 913 municipal courts that handle over 7 million cases and more than 3,800 jury trials every year; and WHEREAS, municipal judges make up over one third of the entire state’s judiciary; and WHEREAS, more people come in personal contact with municipal courts than all other Texas courts combined, and the public perception of the entire Texas judicial system is largely dependent upon the public’s experience in municipal court; and WHEREAS, municipal courts serve as the local justice center for the enforcement of local ordinances and fine- only state offenses that protect the peace and dignity of our community; and WHEREAS, municipal judges, court support personnel, and marshals have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of Judicial Conduct; and WHEREAS, the municipal judges, clerks, and marshals continually strive to improve the administration of justice through participation in judicial education programs, seminars, workshops and the annual meetings of their state and local professional organizations; and WHEREAS, it is more appropriate that we recognize the accomplishments of the 913 Texas Municipal Courts, and the Coppell Municipal Court Number 1, and salute their critical role in preserving public safety, protecting the quality of life and deterring future criminal behavior in Texas communities and in our community. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, Texas, do hereby proclaim November 5-9, 2012 as “Municipal Court Week” AND FURTHER THEREFORE, extend appreciation to the municipal judges, court clerks, and marshals throughout Texas and to our Presiding and Alternate Municipal Judges and court support personnel for the vital services they perform and their exemplary dedication to our community. I call upon all residents of Coppell to join with the City Council in recognizing the vital service they perform and their exemplary dedication to the community they represent. IN WITNESS THEREOF, I set my hand and caused the seal of the City of Coppell to be affixed this ______ day of October, 2012. _________________________________ Karen Selbo Hunt, Mayor ATTEST: _______________________________ Christel Pettinos, City Secretary MEMORANDUM TO: Mayor and City Council FROM: Sharon Logan, Community Information Officer DATE: October 23, 2012 REF: 2012 Coppell Citizen Satisfaction Survey Background: Periodically, the City conducts a Citizen Satisfaction Survey, gauging public opinion on a variety of Coppell specific issues. This most recent survey polled registered voters in the city of Coppell about city services, initiatives and quality of life issues. The survey findings will be presented by Raymond Turco, of Raymond Turco & Associates a public opinion research firm. The last survey of this nature was conducted in 2007 by Raymond Turco & Associates. The sample for the telephone survey was composed of 401 residents of the city of Coppell who are registered voters. Respondents were selected at random. The sample was drawn using geographical segmentation, dividing the study region into three sectors. This strategy mirrored efforts from previous surveys. Each area was assigned a quota proportional to the number of households with available telephone numbers in order to attain statistical validity. A survey with a random sample size of 400 respondents is accurate to within 5% at the 95% confidence level. This means that there is only one chance in twenty that the survey results may vary by as much as plus or minus 5% from the results that would be obtained by polling the entire population of the study area. All telephone interviews were conducted by professional interviewers under close supervision by Raymond Turco & Associates from their Grand Prairie, Texas call center. Interviews were recorded under controlled situations to minimize measurement error. Only complete surveys were accepted as part of the sample for the telephone survey, and interviewers were required to confirm the respondent’s name and telephone number. Attitudes were collected regarding city services, customer service, and other quality of life indicators. Questions new to this year’s survey focused on social media activity and information to be included in a possible smart phone app, as well as the role the city should take in communicating various types of information through its outlets. City Council Action Request: No formal action is requested. CITY OF COPPELL 2012 CITIZEN ATTITUDE SURVEY CUMULATIVE RESULTS PROJECT 05282012 RAYMOND TURCO , ASSOCIATES JUNE 2012 MY NAME IS AND I'M WITH RAYMAR RESEARCH. WE ARE NOT A DIRECT MARI<ETING FIRM AND THIS IS NOT A SALES CALL. WE ARE A PUBLIC OPINION RESEARCH FIRM, CONDUCTING A SURVEY ABOUT ISSUES IN YOUR COMMUNITY. WOULD IT BE ALL RIGHT IF I TOOK A FEW MINUTES OF YOUR TIME TO ASK YOU A FEW QUESTIONS? AREA (NORTH OF SANDY LAKE; EAST OF DENTON TAP) AREA I .37% (WEST OF DENTON TAP) AREA II .26% (SOUTH OF SANDY LAKE: EAST OF DENTON TAP) AREA III .37% SHEET NUMBER SEX MALE .51% FEMALE .49% 1. HOW SATISFIED OR DISSATISFIED ARE YOU WITH THE QUALITY OF LIFE IN YOUR COMMUNITY. ARE YOU .... VERY SATISFIED . .60% SATISFIED .38% DISSATISFIED . . 1% VERY DISSATISFIED 0% NO OPINION . . .. 0% 2. HOW LONG HAVE YOU LIVED IN COPPELL? LESS THAN ONE YEAR 0% 1 - 3 YEARS 5% 3 - 5 YEARS 5% 5 - 7 YEARS 9% OVER 7 YEARS . .80% REFUSE TO ANSWER . 0% 3 . PLEASE TELL ME WHICH OF THE FOLLOWING ASPECTS ATTRACTED YOU TO COPPELL? (SELECT ALL THAT APPLY) SCHOOLS . . . . . . . 67% GOOD INVESTMENT . 65% LOCATION . . . .. 87% CLOSE TO FAMILY . 27% AMENITIES . . .. 41% FOUND DREAM HOME. 27% SENSE OF COMMUNITY . 53% OTHER 16% NO OPINION 0% 4 . DURING THE TIME YOU HAVE LIVED HERE, DO YOU THINK THAT AS A COMMUNITY IN WHICH TO LIVE, COPPELL HAS IMPROVED, STAYED THE SAME OR GOTTEN WORSE? IMPROVED . . .56% SAME . . . . . . . . .31% WORSE .10% NO OPINION . . 2% 5. LET'S TALK ABOUT SERVICES THAT TBB CITY OFFERS. ASI READ EACH SERVICE, PLEASE RATE IT EXCELLENT I GOOD, FAIR OR POOR. E G F P NO ) EMERGENCY MEDICAL SERVICES 47% 25% 2% 0% 25% c) POLICE SERVICES 47% 34% 5% 4% 9% C) STREET MAINTENANCE 28% 51% 15% 4% 2% D) PLANNING AND ZONING 20% 40% 19% 6% 13% E) FIRE DEPARTMENT 55% 33% 1% 0% 11% F) RECREATIONAL SERVICES 50% 39% 5% 1% 4% G) LIBRARY 47% 38% 5% 0% 9% H) BUILDING INSPECTION 12% 33% 9% 3% 43% I) SOLID WASTE/RECYCLING SERVICES 48% 44% 6% 1% 1% J) WATER/WASTEWATER 33% 56% 4% 2% 4% K) PARK FACILITIES 52% 41% 4% 1% 2% L) SIDEWALK MAINTENANCE 23% 53% 16% 6% 2% M) ABILITY TO CONDUCT BUSINESS 12% 35% 15% 3% 35% THROUGH THE CITY'S WEB SITE 6. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH THE WORK THE CITY OF COPPELL BAS DONE IN TBB FOLLOWING AREAS? VS S D VD NO A) PROVIDING A SAFE COMMUNITY 62% 37% 1% 0% 0% B) PROVIDING AN ADEQUATE FORUM FOR PUBLIC 23% 59% 8% 1% 8% INPUT C) KEEPING CITIZENS INFORMED ABOUT CITY 29% 59% 7% 1% 3% BUSINESS D) COMMUNICATING WITH CITIZENS ON ISSUES OF 21% 60% 11% 1% 7% PUBLIC INTEREST PLANNING FOR FUTURE NEEDS OF RESIDENTS 16% 56% 13% 2% 13% J!') MAINTAINING A QUALIFIED WORKFORCE OF 17% 54% 4% 1% 23% CITY EMPLOYEES G) COMMUNICATING WITH CITY RESIDENTS 23% 61% 10% 1% 6% H) PROVIDING ADEQUATE COMMUNITY EVENTS 27% 61% 7% 0% 5% I) WORKING WITH SCHOOL DISTRICTS (CISD, 27% 45% 6% 0% 21% CFBISD, AND LEWISVILLE lSD'S) J) PROVIDING OF ARTS AND CULTURAL EVENTS 12% 60% 13% 1% 13% K) STRICTER ENFORCEMENT OF TRAFFIC LAWS 20% 60% 12% 3% 5% L) PROVIDING RECREATIONAL OPPORTUNITIES 29% 64% 4% 0% 2% 7. HAVE YOU BAD CONTACT WITH A CITY EMPLOYEE DURING TBB PAST YEAR? YES . . . . . . . .46% (IF NO OR DON'T REMEMBER, SKIP TO '10) NO . . . . . . .51% DON'T REMEMBER. . . . 3% 8. (IF YES) WHEN CONTACTING CITY EMPLOYEES, WHICH OF THE FOLLOWING METHODS DO YOU UTILIZE? (CIRCLE ALL THAT APPLY) TELEPHONE CALL . . .65% LETTER . . . . . . 8% E-MAIL . . . . . .30% PERSONAL CONTACT . .53% NO OPINION . . . . . 1% 9. THE CITY IS MONITORING CUSTOMER SERVICE. AS I READ A LIST, PLEASE TELL ME OVERALL, HOW SATISFIED OR DISSATISFIED YOU WERE WITH THE FOLLOWING ~CTIVITIES • • . . A) B) C) 0) E) F) G) H) I) VS THE COURTESY OF THE PERSON ANSWERING 28% THE TELEPHONE THE PROMPTNESS BY walCH THE EMPLOYEE 15% RESPONDED TO MY EMAIL DIRECTED TO THE CORRECT DEPARTMENT FOR 29% MY CONCERN EMPLOYEE SEEMED CONCERNED ABOUT MY 26% PROBLEM ASUD ADEQUATE QUESTIONS TO DETERMINE 26% THE NATURE OF THE PROBLEM IF NOT AVAILABLE, THE CORRECT EMPLOYEE 17% RETURNED MY CALL IN A REASONABLE AMOUNT OF TIME THE PROBLEM ~ADEQUATELY RESOLVED BY 24% EMPLOYEE RESPONDING FOLLOW-UP FROM CITY TO ENSURE MY CONCERNS 9% WERE ADDRESSED THE PEOPLE I WORKED WITH SHOWED PRIDE IN 23% THE WORK THEY WERE DOING S 41% 15% 52% 54% 55% 28% 49% 34% 56% o 1% 5% 5% 12% 8% 10% 12% 18% 12% VO 1% 2% 0% 3% 4% 2% 8% 8% 3% NO 28% 64% 14% 4% 8% 43% 8% 31% 5% 10. THE CITY IS FUNDED BY VARIOUS SOURCES, ONE BEING PROPERTY CONSIDER ALL YOUR EXPERIENCES TO DATE WITH SERVICES PROVIDED WOULD YOU CONSIDER THE MONEY YOU PAY VERSUS THE SERVICES PROVIDED GREAT VALUE GOOD VALUE FAIR VALUE •. POOR VALUE . NO OPINION . 11. PLEASE TELL ME HOW SATISFIED OR DISSATISFIED YOU ARE WITH COUNCIL BAS DONE IN THE FOLLOWING AREAS? VS S o A) WORKING AMONG THEMSELVES TO PROMOTE 11% 61% 9% THE COMMUNITY B) ENCOURAGING ECONOMIC GROWTH 15% 53% 15% C) MAINTAINING QUALITY OF LIFE 26% 60% 6% 0) DEVELOPING EFFECTIVE PLANNING AND ZONING 14% 46% 15% REGULATIONS E) WORKING TO KEEP TAXES REASONABLE 8% 52% 22% TAXES. PLEASE BY THE CITY. TO BE A: 14% 48% . . 28% 7% 3% THE WORK THE VO NO 1% 18% 1% 14% 0% 7% 2% 23% 5% 12% F) PLANNING FOR THE FUTURE NEEDS OF RESIDENTS 12% 60% 12% 2% 14% G) MANAGING CITY FUNDS 11% 53% 10% 3% 24% H) PROVIDING AN ADEQUATE FORUM FOR PUBLIC INPUT 14% 64% 9% 2% 11% 12. PLEASE TELL ME HOW STRONGLY YOU AGREE OR DISAGREE WITH THE FOLLOWING STATEMENTS . . • . SA A o SO NO A) I AM SATISFIED WITH LIVING IN COPPELL 56% 41% 1% 1% 0% B) THE PROBLEM WITH CITY GOVERNMENT IS THE 6% 40% 38% 3% 12% LACK OF PARTICIPATION FROM CITIZENS .. , I AM FRUSTRATED WITH HOW CITY 3% 15% 67% 9% 6% GOVERNMENT WORKS IN COPPELL 0) I DONtT FEEL I CAN EVER GET A STRAIGHT 2% 10% 65% 11% 12% ANSWER FROM THE CITY IF I HAVE A PROBLEM E) WE HAVE AN EXCELLENT CITY WORKFORCE 13% 70% 6% 0% 10% SA A D SD NO F) THE CURRENT LEVEL OF SERVICES PROVIDED 1% 8% 77% 10% 3% BY THE CITY IS NOT ADEQUATE I HAVE EVERY OPPORTUNITY TO PARTICIPATE 12% 67% 10% 2% 8% IN CITY GOVERNMENT HERE IN COPPELL 13. THESE NEXT QUESTIONS LOOK AT HOW INFORMATION IS RECEIVED AND HOW PEOPLE SUCH AS YOURSELF MIGHT PREFER IT TO BE RECEIVED. FIRST, PLEASE TELL ME BY walCH METHOD YOU MOST LIKE TO RECEIVE INFORMATION IN GENERAL? (ONE RESPONSE ONLY) TELEVISION · 5% ELECTRONIC (EMAIL) • 35% RADIO · 1% DIRECT MAIL 25% NEWSPAPER · 8% SOCIAL MEDIA 3% INTERNET .. .18% NO OPINION 2% TEXT MESSAGE . 3% 14 . NOW, HOW WOULD YOU MOST LIKE TO RECEIVE INFORMATION FROM THE CITY COPPELL? (ONE RESPONSE ONLY) TELEVISION . 2% ELECTRONIC (EMAIL) • 41% RADIO . . • . . 0% DIRECT MAIL 30% NEWSPAPER . 7% SOCIAL MEDIA 3% INTERNET . . . 13 % NO OPINION 2% TEXT MESSAGE • 2% 15. NOW, HOW IMPORTANT OR UN~ORTANT IS IT FOR THE CITY TO COMMUNICATE WITH RESIDENTS THE FOLLOWING SITUATIONS VI I U W NO ,A) GENERAL INFORMATION 25% 64% 10% 0% 0% SEVERE WEATHER WARNINGS 79% 18% 3% 0% 0% J OTHER EMERGENCY SITUATIONS 70% 28% 1% 0% 0% D) SPECIAL EVENTS AND ACTIVITIES 16% 73% 9% 1% 1% E) NEIGHBORHOOD AND TRAVEL-RELATED 46% 48% 5% 0% 0% INCONVENIENCES, SUCH AS ROAD CLOSURES OR WATER SHUT-OFFS 16. NOW, PLEASE TELL ME HOW SATISFIED OR DISSATISFIED ARE YOU WITH HOW THE CITY COMMUNICATES . . . VS S D VD NO A) GENERAL INFORMATION 18% 71% 9% 0% 2% B) SEVERE WEATHER WARNINGS 27% 58% 11% 1% 4% C) OTHER EMERGENCY SITUATIONS 19% 60% 9% 1% 11% D) SPECIAL EVENTS AND ACTIVITIES 14% 71% 10% 0% 4% E) NEIGHBORHOOD AND TRAVEL-RELATED 13% 65% 15% 1% 6% INCONVENIENCES, SUCH AS ROAD CLOSURES OR WATER SHUT-OFFS 17. LET'S TALK ABOUT SOCIAL MEDIA, SUCH AS FACEBOOK, TWITTER, AND YOU TUBE. walCH STATEMENT BEST DESCRIBES YOUR LEVEL OF ACTIVITY WHEN IT COMES TO SOCIAL MEDIA . • • . I ACTIVELY READ AND POST 24% I OCASSIONALLY READ AND 31% POST TO VARIOUS SITES I HAVE ACCOUNTS BUT DON'T 6% RECALL MY PASSWORDS I DO NOT VISIT SOCIAL MEDIA 39% SITES NO OPINION • . . • . . . . . 0% 18. AS A FOLLOW-UP TO MY LAST QUESTION, PLEASE TELL ME IF YOU . YES NO DON'T REM ~) HAVE A FACEBOOK ACOUNT 63% 37% 1% POST TO YOUR FACEBOOK ACCOUNT 45% 55% 1% .... ) HAVE A TWITTER ACCOUNT 22% 78% 0% D) SEND OUT TWEETS 10% 90% 0% E) ACTIVELY READ BLOGS 31% 69% 0% F) HAVE A YOU TUBE ACCOUNT 23% 76% 1% G) POST TO YOUR YOU TUBE ACCOUNT 9% 91% 0% H) VIEW OTHER'S VIDEOS ON YOU TUBE 65% 35% 1% I) HAVE A LINKED-IN ACCOUNT 46% 54% 1% I) POST TO YOUR LINKED-IN ACCOUNT 21% 78% 1% J) HAVE ACCOUNTS WITH OTHER SOCIAL MEDIA 13% 86% 1% SITES 19. IN TERMS OF SOCIAL MEDIA SITES, THE CITY HAS SEVERAL ACCOUNTS, INCLUDING BOTH FACEBOOK AND TWITTER. IN THE PAST SIX MONTHS, HAVE YOU ACCESSED OR UTILIZED ANY OF THE CITY'S SOCIAL MEDIA SITES FOR INFORMATION ON AN EVENT OR IN CASE OF AN EMERGENCY? YES .. . 14% NO . • . . . . 84% DON'T REMEMBER 1% NO OPINION .. 1% 20. AND HOW USEFUL OR NOT USEFUL ARE EACH OF THE FOLLOWING CITY SOURCES TO YOU IN FINDING OUT ABOUT WHAT'S GOING ON IN COPPELL. YOUR ANSWERS SHOULD BE VERY USEFUL, SOMEWHAT USEFUL, NOT VERY USEFUL, OR NOT AT ALL USEFUL w SU NO NAU NO , THE CITY DESK WATER BILL INSERT 49% 38% 6% 3% 4% ., MESSAGE PORTION OF WATER BILL 28% 36% 18% 7% 10% C) CABLE CHANNEL BULLETIN BOARD 2% 17% 41% 21% 18% D) ANNUAL CITY BUDGET REPORT 6% 33% 30% 14% 17% E) CITY STAFF 13% 44% 21% 8% 14% F) CITY COUNCIL 11% 42% 22% 8% 16% G) CITY WEB SITE 35% 41% 10% 4% 10% H) 24-HOUR TELEPHONE INFORMATION LINE 14% 25% 22% 12% 26% C-LINK I) CITV COMMUNITY NEWS CABLE TV PROGRAMMING 4% 18% 33% 20% 24% J) COPPELL CLIPS -ELECTRONIC NEWSLETTER 16% 25% 21% 11% 26% K) EVENT FLIERS AT CITY FACILITIES 8% 50% 23% 8% 10% L) STREET BANNERS 16% 62% 13% 4% 5% 21. THE CITY CURRENTLY PROVIDES WIRELESS ACCESS OR HOTSPOTS AT SEVERAL FACILITIES. AT WHICH OF THE FOLLOWING CITY FACILITIES HAVE YOU UTILIZED INTERNET HOTSPOTS? IF YOU HAVE NOT ACCESSED A HOTSPOT AT A CITY FACILITY, PLEASE TELL ME THAT ALSO. (CIRCLE ALL THAT APPLY) AQUATIC AND REC. 9% WAGON WHEEL 4% CENTER JUSTICE CENTER • . 3% CITY HALL 5% GRAPEVINE SPRINGS 2% CITY LIBRARY . . 15% SENIOR CENTER ANDY BROWN PARK 5% Ce»eruNITY CENTER . 2% HAVE NOT ACCESSED . . 79% AREA DESIGNATION MAP CITY OF COPPELL AREA DESCRIPTION N~I~h I -Denton Tap Rd. east; Sandy Lake Rd. north (II) West -Denton Tap Rd. west (III) South -Denton Tap Rd. east; Sandy Lake Rd. south Exhibit – Page 1 ANNEXATION SERVICE PLAN In connection with the annexation of the tracts of land by the City of Coppell, Dallas County, Texas, described in Exhibit “A”, the following service plan is adopted as required by the TEXAS LOCAL GOVERNMENT CODE. The City of Coppell will, to the extent it provides or authorizes such services itself or through contractual arrangements with other entities, provide the following services in the area upon the effective date of the annexation of the area: (1) Police protection; (2) Fire protection; (3) Solid waste collection; (4) Maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; and, in the event that wastewater services are made available to the property, the owner shall be required to connect to the system upon the decertification of any septic system which is installed prior to the availability of the City wastewater system; (5) Maintenance and operation of public roads and streets, including road and street lighting; (6) Maintenance and operation of parks, playgrounds, and swimming pools; (7) Maintenance and operation of any other publicly owned facility, building or service; (8) Emergency medical services; (9) Library service; and (10) Parks and Recreation services and facilities. The City of Coppell will also provide other services such as planning, zoning, code enforcement, subdivision regulation, animal control, court, construction codes and general administration; to the extent it now provides any such service, on the effective date of the annexation. Capital services will be provided to the area in accordance with the development regulations of the City of Coppell at the sole cost of the developers thereof. Exhibit – Page 2 Miscellaneous Provisions: (1) This service plan is valid for ten years. Renewal of the service plan is at the discretion of the City of Coppell. (2) This service plan does not require a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. (3) This service plan shall not be amended unless public hearings are held in accordance with state law. (4) This service plan is adopted as Exhibit “C” to the Ordinance annexing the property described in Exhibit “A” to the City of Coppell. The City shall provide the area or cause the area to be provided with services in accordance with this service plan. 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, October 9, 2012 KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tem BOB MAHALIK BILLY FAUGHT Place 2 Place 5 WES MAYS MARVIN FRANKLIN Place 3 Place 6 GARY RODEN AARON DUNCAN Place 4 Place 7 CLAY PHILLIPS City Manager Karen Hunt;Tim Brancheau;Wes Mays;Gary Roden;Billy Faught;Marvin Franklin and Aaron Duncan Present 7 - Bob MahalikAbsent1 - Also present were Deputy City Manager Mario Canizares, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 9, 2012, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present and convened into Executive Session at 5:43 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects north of Bethel Road and west of Freeport Parkway. Discussed under Executive Session Page 1City of Coppell, Texas October 9, 2012City Council Minutes B.Discussion regarding economic development prospects south of Bethel Road and west of S. Coppell Road. Discussed under Executive Session C.Discussion regarding economic development prospects north of Canyon Drive and east of State Highway 121. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:15 p.m. and convened into Work Session. A.Discussion regarding EMS Transport Services. B.Update on the Healthy Communities Initiative. C.Selection of Voting Delegate and Alternate for NLC’s Annual Business Meeting. D.Discussion of Agenda Items. Presented in Work Session Regular Session (Open to the Public) Mayor Hunt adjourned Work Session and reconvened into the Regular Session. Invocation 7:30 p.m.4. Steve Calvert, Fire Department Chaplain, gave the Invocation. Pledge of Allegiance5. The Fire Department Honor Guard posted the colors and led those present in the Pledge of Allegiance. 6.Consider approval of a proclamation naming the week of October 7-13, 2012 as "Fire Prevention Week” and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to Fire Chief Kevin Richardson and Deputy Chief Tim Oates. A motion was made by Councilmember Billy Faught, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 7.Consider approval of a proclamation naming October 14-20, 2012, as “National Case Management Week;” and authorizing the Mayor to Page 2City of Coppell, Texas October 9, 2012City Council Minutes sign. Mayor Hunt read the proclamation for the record and presented the same to Bonnie Niedert. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Citizens’ Appearance8. Mayor Hunt asked for those who signed up to speak: 1) Scott Bailey, 145 Wrenwood Dr., thanked the Parks Department and the Fire Department for their work with Kid Country. 2) Thomas Burrows, 138 Wynnpage Dr., brought cookies for the Parks Department for their work with Kid Country. 3) Thomas Burrows, 138 Wynnpage Dr., spoke in regards to citizen Sandy Weins and the fence he helped reconstruct. 4) Thomas Burrows, 138 Wynnpage Dr., spoke in regards to his neighborhood's National Night Out party. 5) Thomas Burrows, 138 Wynnpage Dr., spoke in regards to the DFW Airport Board and the fence along Northwest Highway. Consent Agenda9. A.Consider approval of the minutes:September 25, 2012. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to approve Agenda Items A-F on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - B.Consider approval to purchase GPS/Multimode OpticomTM devices for 18 Fire Department emergency vehicles, as approved in the 2012-2013 budget, for the amount of $72,650.00 by Texas sole source vendor, Consolidated Traffic Controls, Inc.; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to approve Agenda Items A-F on the Consent Agenda. The motion passed by an unanimous vote. Page 3City of Coppell, Texas October 9, 2012City Council Minutes Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - C.Consider approval of an Ordinance for Case No. PD-214R6-C, Arbor Manor Retail (Jersey Mikes), a zoning change from PD-214R5-C (Planned Development-214 Revision 5-Commercial) to PD-214R6-C (Planned Development-214 Revision 6-Commercial), to allow an additional 1,500-square-foot restaurant within the retail building proposed to be constructed on 1.5 acres of property located at 143 S. Denton Tap Road and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to approve Agenda Items A-F on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 91500-A-600 D.Consider approval of an Ordinance for Case No. PD-228R4-HC, Vista Ridge Retail Amended, Lot 3R, Block A, (Elite Care), a zoning change from PD-228-HC (Planned Development-228-Highway Commercial) to PD-228R4-HC (Planned Development-228 Revision 4-Highway Commercial), to allow a 14,000-square-foot medical facility on approximately 1.8 acres of property located on the north side of S.H. 121 approximately 400 feet east of Denton Tap Road and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to approve Agenda Items A-F on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 91500-A-601 E.Consider approval of a Resolution by the City Council accepting a petition of Denton Creek Land Company LTD., to annex 25.904 acres of property to the City of Coppell, Texas in the Extraterritorial Jurisdiction of the City of Coppell; establishing two public hearings to consider such Annexation and Service Plan; providing for a date to consider adoption of the Ordinance annexing said property and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to approve Agenda Items A-F on the Consent Agenda. The motion passed by an unanimous vote. Page 4City of Coppell, Texas October 9, 2012City Council Minutes Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2012-1009.1 F.Consider approval of appointing Irving’s Mayor, Beth Van Duyne, as Coppell’s primary representative on the Regional Transportation Council and Coppell’s Mayor, Karen Selbo Hunt, as the alternate member. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to approve Agenda Items A-F on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - End of Consent Agenda 10.PUBLIC HEARING: Consider approval of Case No. PD-238R2-HC, Coppell Office Village, a zoning change request from PD-238R-HC (Planned Development-238 Revised-Highway Commercial) to PD-238R2-HC (Planned Development-238 Revision 2-Highway Commercial), to revise the Detail Site Plan to allow the existing 40-square-foot monument sign to be externally illuminated with a four-foot bronze fixture with white florescent lighting in lieu of the existing internal LED lighting on property located at 225 East S.H. 121. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Terry Holmes, 510 Country Ln., applicant, addressed questions of Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau moved to deny the revised Detail Site Plan permitting a 40-square foot monument sign externally illuminated with a four-foot bronze fixture and letters with white florescent lighting, and to reinstate the standard monument sign as approved and recommend by the Planning & Zoning Commission. Councilmember Wes Mays seconded the motion. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Page 5City of Coppell, Texas October 9, 2012City Council Minutes 11.PUBLIC HEARING: Consider approval of Case No. PD-257-C, Neighborhood Credit Union, a zoning change request from C (Commercial) to PD-257-C (Planned Development-257-Commercial), to allow the development of an approximate 2,800-square-foot bank facility with drive-thru lanes on approximately 1.25 acres of property located at the northeast corner of Denton Tap Road and Vanbebber Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Jim Gahl, 3875 Regent Drive, Dallas, applicant, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Ed Crater, 373 Hearthstone, Ln., spoke in favor of the item. A motion was made by Councilmember Gary Roden, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve this Agenda Item subject to conditions 1 and 2: 1) The entire fire lane which straddles the common property line shall be constructed with this development; and 2) Consideration be given to extending the screening wall from this property to the Crème de la Crème property to the north with this development. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 12.PUBLIC HEARING: Consider approval of the Texas Bank Addition, Lots 1R1 & 1R2 , Block A (Neighborhood Credit Union), Replat, being a replat of Lot 1, Block A, into Lots 1R1 & 1R2, of the Texas Bank Addition to establish necessary easements and fire lanes to allow the development of an approximate 2,800-square-foot bank facility with drive-thru lanes on Lot 1R1 containing 1.25 acres, with the remaining 1.25 acres being Lot 1R2 on property located at the northeast corner of Denton Tap Road and Vanbebber Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Ed Crater, 373 Hearthstone, Ln., spoke in favor of the item. A motion was made by Councilmember Billy Faught, seconded by Mayor Pro Tem Tim Brancheau, to close the Public Hearing and approve this Agenda Item subject to the following conditions: Page 6City of Coppell, Texas October 9, 2012City Council Minutes 1) The entire fire lane which straddles the common property line shall be constructed with this development; and 2) Additional comments may be generated upon review of final engineering. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 13.PUBLIC HEARING: Consider approval of Case No. PD-250R7-H, Old Town Addition (Main Street) Restaurant, Lot 1R, Block B, a zoning change request from PD-250-H (Planned Development-250-Historic) to PD-250R7-H (Planned Development-250 Revision 7-Historic), to establish a Detail Site Plan for a 3,574-square-foot restaurant building on 0.52 acres of property located on the south side of West Bethel Road between Burnet Street and Main Street. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Bill Peck, 105 W. Main Street, Lewisville, architect, addressed the Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Wes Mays, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 14.PUBLIC HEARING: Consider approval of Case No. PD-256-SF-9, Old Coppell Estates, Lots 1R, 2R & C-1R, Block 1, a zoning change request from H (Historic) & SF-9 (Single Family-9) to PD-256-SF-9 (Planned Development-256-Single Family-9), to allow the expansion of single family and common area uses on 0.76 acres of property located on the north side of West Bethel Road, west of Hearthstone Lane (369 & 373 Hearthstone Lane & 408 Bethel Road). Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Ed Crater, 373 Hearthstone Ln., applicant, addressed Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Billy Faught, seconded by Councilmember Wes Mays, to close the Public Hearing and approve this Page 7City of Coppell, Texas October 9, 2012City Council Minutes Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 15.PUBLIC HEARING: Consider approval of the Old Coppell Estates, Lots 1R, 2R & C-1R, Block 1, Replat, being a replat of Lots 1, 2 & C-1, Block 1, to incorporate 0.28 acres of unplatted property into (3) three lots. Lot 1R (373 Hearthstone Lane), will contain 0.349 acres; Lot 2R (369 Hearthstone Lane), will contain 0.373 acres and Lot C-1R (a common area lot), will contain 0.035 acres. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Gary Roden, seconded by Mayor Pro Tem Tim Brancheau, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 16.Consider approval of an Ordinance for Case No. PD-250R3R-H, Old Town Addition (Main St) Entry Feature Sign, Lot 1RX, Block B, a zoning change from PD-250R3-H (Planned Development-250 Revision 3-Historic) to PD-250R3R-H (Planned Development-250 Revision 3 Revised-Historic), to establish a Detail Sign for the Entry Feature on 0.022 acres of property located at the southeast corner of Bethel Road and Main Street and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Marvin Franklin, to approve this Agenda Item. The motion passed 5-1 with Councilmember Duncan voting against the motion. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught and Councilmember Marvin Franklin Aye:5 - Councilmember Aaron DuncanNay:1 - Enactment No: 91500-A-602 17.PUBLIC HEARING: Consider approval of an Ordinance designating Sava Holdings, Ltd., Reinvestment Zone No. 72 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Page 8City of Coppell, Texas October 9, 2012City Council Minutes Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - City Manager Reports 18.Project Updates and Future Agendas. Deputy City Manager Mario Canizares reminded Council that there are only three Council Meetings left in the year. He also announced the City was awarded the Gold Level Premier Partner award from Carter Blood Care for their active participation in blood drives. The next blood drive will be held on October 16 at Fire Station #3. Mayor and Council Reports19. A.Report by Mayor Hunt regarding the Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding Oak Fest on October 20th. C.Report by Mayor Hunt on Kid Country 2012. D.Report by the Councilmembers on National Night Out. A. Mayor Hunt reported on the Metroplex Mayors' Meeting where the CEO from Boeing was the guest speaker. He talked about the uniformity the City of Chicago presented when inticing Boeing to move their headquarters. B. Mayor Hunt announced that Oak Fest is October 20th, from 3pm – 10pm, at Andy Brown East. Activities include face painting, food vendors, train rides, bounce houses, and more. This year’s live entertainment is Emerald City and will perform around 7pm. New this year – Run Oak Fest: The Haunted Mile hosted by the Chamber of Commerce. The run begins at 3:30pm. More information can be found on the Chamber’s website. C. Mayor Hunt thanked everyone for their help and efforts building Kid Country. Deputy City Manager Mario Canizares read a statement of gratitude from City Manager Clay Phillips who was not in attendance that evening. D. Councilmembers reported on their experiences visiting the different neoghborhood parties during National Night Out. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 20. Nothing to report. Page 9City of Coppell, Texas October 9, 2012City Council Minutes Necessary Action from Executive Session21. Nothing to report. Adjournment There being no further action before the City Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 10City of Coppell, Texas CITY COUNCIL AGENDA ITEM Date: October 11, 2012 To: Mayor and City Council From: Jerod Anderson, Purchasing Manager Re: Consider approval of an Interlocal Purchasing Agreement between the Brazos Valley Council of Governments (BVCOG) and the City of Coppell In the State of Texas government entities are authorized to create and join cooperative purchasing programs as permitted under Texas Government Code §§791.001 et seq as amended. Cooperative Purchasing Services are extended to all Texas State, City and County Government Agencies and allow public entities the opportunity to pool their needs for goods and services to achieve better pricing. All contracts available through cooperative purchasing programs are competitively bid and awarded on a basis of best value. Each participating entity that uses a cooperative purchasing program contract will work directly with the awarded vendor. In order to join a cooperative program, an interlocal purchasing agreement between the entity and the cooperative must be approved by the governing body of the entity joining. The City of Coppell participates in several cooperative purchasing programs throughout the state. Examples of purchasing cooperatives that the City participates in include, Buyboard, The Cooperative Purchasing Network, HGAC, TXMAS and many others. The Brazos Valley Council of Governments’ (BVCOG) cooperative purchasing program called the “Purchasing Solutions Alliance” or “PSA” will further enhance the City’s ability to purchase various goods and services from established and future contracts. Therefore, as Purchasing Manager, I’m recommending requesting the Mayor and Council’s approval of this agreement in order that City of Coppell will have another avenue to further provide the best value on purchases for our citizens. 1 of 3 BVCOG-PSA Interlocal Purchasing Agreement - Rev. 02.03.12 INTERLOCAL PURCHASING AGREEMENT THIS INTERLOCAL AGREEMENT (“ILA”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and between the Brazos Valley Council of Governments, hereinafter referred to as “BVCOG,” having its principal place of business at 3991 East 29th St., Bryan, Texas 77802, and _______________________________________________, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as “Cooperative Member,” having its principal place of business at ____________________________________________________________ WHEREAS, BVCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, BVCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, BVCOG has instituted a cooperative purchasing program, hereinafter referred to as the “Purchasing Solutions Alliance” or “PSA,” under which it contracts with eligible entities under the Act; and WHEREAS, Cooperative Member has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on ____________________ _______ (Date), and that it desires to contract with BVCOG on the terms set forth below; NOW, THEREFORE, BVCOG and the Cooperative Member do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Cooperative Member represents and warrants to BVCOG that it is eligible to contract with BVCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entitie s, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non -profit corporation created and operated to provide one or more governmental functions and services, and it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS BVCOG and the Cooperative Member agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. 2 of 3 BVCOG-PSA Interlocal Purchasing Agreement - Rev. 02.03.12 ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Article(s) 7 or 8. ARTICLE 5: SCOPE OF SERVICES The Cooperative Member appoints BVCOG its true and lawful purchasing agent for the purchase of certain products and services through the Purchasing Solutions Alliance cooperative purchasing program. All purchases hereunder shall be in accordance with Texas statutes and procedures governing competitive bids and competitive proposals and in accordance with specifications and contract terms established by BVCOG, and at the prices available and published by BVCOG. Ownership (title) to products purchased through contracts awarded pursuant to the PSA program shall transfer directly from the contractor to the Cooperative Member. Nothing in this Agreement shall prevent the Cooperative Member from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. ARTICLE 6: PAYMENTS Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Cooperative Member shall promptly, and in any case within thirty (30) days, pay the vendor and/or contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall BVCOG have any financial liability to the Cooperative Member for any goods or services Cooperative Member procures through its PSA program. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. BVCOG reserves the right to make changes in the scope of products and services offered through the PSA cooperative purchasing program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES BVCOG or the Cooperative Member may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Cooperative Member, including obligations to pay any vendor or contractor for all goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Cooperative Member. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 3 of 3 BVCOG-PSA Interlocal Purchasing Agreement - Rev. 02.03.12 ARTICLE 10: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 11: CONSENT TO SUIT Nothing in this Agreement will be construed as a waiver or relinquishment by either party of its right to claim such exemptions, privileges and immunities as may be provided by law. ARTICLE 12: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. c. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: Brazos Valley Council of Governments Purchasing Solutions Alliance 3991 East 29th St. Bryan, Texas 77802 BVCOG Executive Director or Designee Signature of Executive Director or Designee Date: Michael D. Lucas Attest: PSA Program Manager Attest: Signature of PSA Program Manager Date: Name of Cooperative Member Mailing Address City, State, ZIP Code Name & Title of Primary Contact Person Telephone E-mail Address Name & Title of Chief Elected Official or Designee By: Signature of Chief Elected Official or Designee Date: Striving for Excellence MEMO Date: October 11, 2012 To: Mac Tristan, Chief of Police From: Ofc. Jason Tyler Subject: 2013 Police Tahoe Equipment Purchase I submit this memorandum to you in conjuction with the Police Department's effort to purchase equipment for the 2013 Police Tahoe Fleet. The Police Department is planning on purchasing 14 2013 PPV Tahoes for use by our Patrol Division. As part of this purchase, we will need to buy equipment to outfit the new Fleet. The attached price quote is from the City of Carrollton / Xerox State & Local Solutions, Inc. We use City of Carrollton / Xerox State & Local Solutions, Inc. due to the fact that we have a Interlocal Agreement with them to build our vehicles. The price quote is for $126,966.00. That price will not only cover the cost of replacing and adding equipment to our new fleet, but also the cost to strip our current 2009 Fleet of equipment and install equipment on our new 2013 Fleet. The Police Department spoke with Purchasing about this purchase and was advised that since the quote was from the City of Carrollton, we would not have to seek out three different price quotes for this purchase. Please let me know if you have any questions or need any further information. City of CarrolltonRadio Operations1420 Hutton Dr.Carrollton, TX 75006972- 466-5777 $1,800.00 $17,500.00 $11,438.00 $812.00 $10,822.00 $6,090.00 $4,914.00 $910.00 $868.00 $10,360.00 $2,786.00 $1,722.00 $11,578.00 $9,492.00 $1,638.00 $13,930.00 Amount $150.00 $1,250.00 $817.00 $58.00 $773.00 $435.00 $351.00 $65.00 $62.00 $740.00 $199.00 $123.00 $827.00 $678.00 $117.00 $995.00 Price/Rate 12.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 14.00 Quantity/Hours LABOR - STRIP LABOR - BUILD CCSRN3 WHELEN CENCOM GOLD (SAPPHIRE) SIREN CCMICX20 WHELEN CECOM MIC EXTENSION CABLE 20’ RP13RB Whelen Outer Edge Pillar Red/Blue HWLR Whelen Howler Siren, Tahoe (HWLRB5)HWLRB15) MBPS07JJ Whelen Mirror Beam - Linear LIN6 R/B Split) CG-X CHARGE GUARD SSFPOSI6 Head Light Flasher, Solid State, Tahoe 10-XL-C2 Setina XL Partition, Tahoe Barrier VS Poly Setina Window Barriers, Poly, Tahoe Door Panel VS Steel Setina Door Panel, Steel, Tahoe C-VS-0813-TAH-1 Havis Console System (C-VS- 0813-TAH-1, C-HDM-204, C-HDM-403, C-ARM- 102 DS-PAN-111-2 PKG HAVIS DOCKING STATION LPS-104 Havis MDC Dock Charger, LPS-104 CT5502 Laguna 3P Xtreme Prisoner Seat, w/belts (includes freight),CT5502 Description 2 X TAHOE BUILD Project WILL COLLIER Service RepCustomer #TermsPO Number Ship To City Of Coppell ATTN: Accounts Payable P.O. Box 9478 Coppell, TX, 75019 Bill To 10/11/2012Date E107Number EstimateCity of Carrollton Radio Services 1420 Hutton Dr. Carrollton, Tx 75006 972-466-5777 City of CarrolltonRadio Operations1420 Hutton Dr.Carrollton, TX 75006972- 466-5777 $1,246.00 $816.00 $1,106.00 $7,200.00 $798.00 $28.00 $1,520.00 $1,546.00 $320.00 $320.00 $320.00 $390.00 $48.00 $1,350.00 $252.00 $598.00 $698.00 Amount $89.00 $68.00 $79.00 $3,600.00 $399.00 $14.00 $95.00 $773.00 $80.00 $80.00 $80.00 $195.00 $24.00 $675.00 $126.00 $299.00 $349.00 Price/Rate 14.00 12.00 14.00 2.00 2.00 2.00 16.00 2.00 4.00 4.00 4.00 2.00 2.00 2.00 2.00 2.00 2.00 Quantity/Hours XTL5KCABLE Motorola Control Cable & Power Cable for XTL 5000 TOMARLENS Tomar Emitter Cover/Gasket Kit DRBRAKE D&R Electronics Brake Kill Module FD2RRBB Whelen Freedom Light Bar D833020 Whelen 8 Lamp Dominator DBKT4 Whelen Dominator Brackets LINZ6J Whelen LINZ6J (R/B Split) OE13UR8 Whelen Outer Edge R,B,R,B,R,B,R,B VTX609R WHELEN VERTEX LED INSERT (REAR REV LIGHT) VTX609B Whelen Vertex LED Insert Blue VTX609C WHELEN VERTEX LED INSERT (REAR REV LIGHT) SA315P SIREN SPEAKER SAK1 SIREN SPK BRACKET TOMAREMIT Tomar Emitter AVN1J Whelen Single Avenger R/B PB400 SETINA PUSH BUMPER SETINADUAL Setina Double Vertical Weapon System/Gun Lock (Large AR/Universal) Description 2 X TAHOE BUILD Project WILL COLLIER Service RepCustomer #TermsPO Number Ship To City Of Coppell ATTN: Accounts Payable P.O. Box 9478 Coppell, TX, 75019 Bill To 10/11/2012Date E107Number EstimateCity of Carrollton Radio Services 1420 Hutton Dr. Carrollton, Tx 75006 972-466-5777 City of CarrolltonRadio Operations1420 Hutton Dr.Carrollton, TX 75006972- 466-5777 $1,400.00 $350.00 Amount $100.00 $25.00 Price/Rate 14.00 14.00 Quantity/Hours SHIP CHARGE PER CAR SHOPSUP SHOP SUPPLIES Description $0.00Shipping Cost $0.00Discount $126,966.00Sub Total $126,966.00Total 2 X TAHOE BUILD Project WILL COLLIER Service RepCustomer #TermsPO Number Ship To City Of Coppell ATTN: Accounts Payable P.O. Box 9478 Coppell, TX, 75019 Bill To 10/11/2012Date E107Number EstimateCity of Carrollton Radio Services 1420 Hutton Dr. Carrollton, Tx 75006 972-466-5777 Date: October 23, 2012 From: Mindi Hurley, Economic Development Coordinator RE: Main Street at Coppell - First Amendment to Declaration of Covenants, Conditions and Restrictions and Correction Special Warranty Deed Main Street Coppell, Ltd. executed the Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell on May 3, 2012. This document was executed to impose certain covenants, conditions and restrictions on the private property located within the Main Street at Coppell development. Main Street Coppell, Ltd. would like to amend the current Declaration to (i) modify and detail the landscape requirements applicable to the private property, (ii) amend the basis and amount of the annual assessment and landscape assessment to property owners, and (iii) correct the legal description of one of the Lots included within the Property that was mislabeled in the original Declaration. While the City does not have any singing authority on the First Amendment to the Declaration of Covenants, Conditions and Restrictions, Main Street Coppell, Ltd. is required to seek City approval on any amendments to the Declaration. The Lot was mislabeled in the original Declaration due to an error in the legal description in the original Deed provided to the City. Therefore, the Mayor does need to execute the Correction Special Warranty Deed to replace the original Special Warranty Deed executed by the City and recorded on June 28, 2012. This will correct the error in the legal description in the original Deed. After recording return to: Jeffrey Fink, Esq. Apple & Fink, LLP 735 Plaza Blvd, Ste 200 Coppell, TX 75019 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MAIN STREET COPPELL is executed by Main Street Coppell, Ltd., a Texas limited partnership (“Declarant”), to be effective as of ________________, 2012. RECITALS: A. Declarant executed that certain Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell dated May 3, 2012, recorded as Document Number 201200128399 in the Official Public Records of Dallas County, Texas (the “Declaration”), imposing certain covenants, conditions and restrictions on certain real property located in Dallas County, Texas, as more particularly described therein. B. Pursuant to Section 13.02 and Appendix A of the Declaration, Declarant may amend the Declaration. C. Declarant desires to amend the Declaration to (i) modify and detail the landscape requirements applicable to the Property, (ii) amend certain assessment procedures under the Declaration, and (iii) correct the legal description of one of the Lots included within the Property. NOW, THEREFORE, Declarant hereby amends the Declaration as follows: 1. Capitalized terms not defined herein shall have the same meanings set forth in the Declaration. 2. The following definitions are added to Article I: “Commercial Lot” means a Lot that is not a Residential Lot. “Improved Lot” shall mean that permanent improvements have been constructed upon such Lot and all or substantially all of the related landscaping has been installed and accepted in writing by the Association. First Amendment to Declaration of Covenants, Conditions and Restrictions “Pro Rata Share” means the proportion found by dividing the gross square footage of the Commercial Lot in question by the gross square footage of all Commercial Lots within the Development, including Commercial Lots which have not yet been submitted to this Declaration. “Residential Lot” means a Lot zoned for residential use. 2. Section 4.03(a) shall be amended by deleting the reference to “Section 5.04” and replacing it with a reference to “Section 5.02”. 3. The language in Section 4.04 of the Declaration shall be deleted in its entirety and the following language substituted in its place: 4.04 Basis and Amount of Annual Assessment and Landscape Assessment . The Association shall levy two different types of regular annual assessments. The first type of assessment (referred to herein as the “General Annual Assessment”) shall be assessed to cover all of the normal recurring costs of the Association other than those specifically related to landscaping of Improved Lots. The second type of assessment (referred to herein as the “Landscape Annual Assessment”) shall be assess ed exclusively to cover all of the costs incurred by the Association to provide the landscaping services on Improved Lots as described in Section 5.02 below. The General Annual Assessment and the Landscape Annual Assessment shall be levied in accordance with the procedures described below. A. General Annual Assessment. Each year, the Board of Directors shall establish the amount of the General Annual Assessment for each Lot, taking into consideration and among other things, the estimated costs of (1) maintaining and providing landscape maintenance in the Common Areas and the Right-of-Ways (as defined in Section 5.02.D), (2) premiums for insurance to be carried by the Association, (3) management, operational and professional fees and costs, (4) reserve funds and (5) other expected costs of the Association. The General Annual Assessment shall be fixed at such amounts and payable at such time and manner as established by the Board, or, in the event of increases in excess of 30%, as approved by the Members of the Association at such annual or special meetings from time to time occurring. The General Annual Assessment shall be allocated between the Residential Lots and the Commercial Lots as reasonably determined by the Board, but each Residential Lot shall be assessed the same amount regardless of Lot size and each Commercial Lot shall be assessed based upon its Pro Rata Share. B. Landscape General Assessment. Each year, the Board of Directors shall establish the amount of the Landscape Annual Assessment for each Improved Lot, taking into consideration and among other things, the anticipated cost of providing the landscape services described in Section 5.02 First Amendment to Declaration of Covenants, Conditions and Restrictions below for Commercial Improved Lots and Residential Improved Lots. The Landscape Annual Assessment shall be fixed at such amounts and payable at such time and manner as established by the Board, or, in the event of increases in excess of 30%, as approved by the Members of the Association at such annual or special meetings from time to time occurring. The Landscape Annual Assessment shall be separately established for the Residential Improved Lots and the Commercial Improved Lots as reasonably determined by the Board, but each Residential Improved Lot shall be assessed the same amount regardless of Lot size and each Commercial Improved Lot shall be assessed based upon its Pro Rata Share. All Members acknowledge that the landscape services to be provided to the Residential Improved Lots may and likely will exceed the level of service provided to the Commercial Improved Lots and that the Board shall be permitted to take into account this different level of service (and related cost) in allocating landscape costs between the Residential Lots and the Commercial Lots. 4. The language in the last sentence of Section 4.07 of the Declaration shall be deleted in its entirety and the following language substituted in its place: “The General Annual Assessment for each Lot purchased from Declarant shall be pro-rated for any partial year and collected in advance upon the conveyance of such Lot. The Landscape Annual Assessment for each Improved Lot purchased from Declarant shall be pro-rated for any partial year and shall be due within thirty (30) days following the date upon which the Association delivers a written notice to the Owner that the Association has assumed responsibility for providing landscape services to such Lot. The pro-ration for the Landscape Annual Assessment shall be based upon the date on which the Association assumes responsibility for the provision of landscape services to such Lot. 5. The language in Section 5.02 shall be deleted in its entirety and the following language substituted in its place: 5.02 Duties of the Association. In addition to the powers and authority granted to it by the Certificate of Formation, the Bylaws, and this Declaration, and without limiting the generality thereof, the Association shall have the duty to operate, maintain, repair, replace or otherwise manage or provide for the operation, maintenance, repair, replacement and management of the Common Areas, including the mowing, fertilization and trimming of all trees, shrubs and grass in the Common Areas. In addition, the Association shall have the following landscape maintenance responsibilities: A. Unimproved Lots: None. B. Improved Commercial Lots: The Association shall mow and trim turf areas not within a fenced area. C. Improved Residential Lots: The Association will mow and trim turf areas not within a fenced area and provide fertilization, chemical treatment for weeds and First Amendment to Declaration of Covenants, Conditions and Restrictions lawn insects (but not pest control or fire ant control), trimming or pruning of groundcover, shrubs and trees and the maintenance of beds not within a fenced area. D. City Right-of-Way adjacent to Commercial and Residential Lots: The Association will be responsible for landscape maintenance services in the City right - of-way areas adjacent to Lots as shown on the plat thereof (the “Right-of-Ways”) following the completion of landscape improvements upon such Lot and acceptance by the Association in writing. The Board shall have the right to adopt and amend landscape guidelines (“Landscape Guidelines”) generally consistent with the requirements of this Section 5.02. In the event of any inconsistency between the terms and conditions of this Section 5.02 and the terms and conditions of the Landscape Guidelines, the Landscape Guidelines shall control unless fundamentally contrary to the terms of this Section 5.02. 6. Section 9.08 shall be amended by adding the following sentence to the end of such section: EACH OWNER IS ADVISED TO REQUEST A COPY OF THE LANDSCAPING GUIDELINES FOR THE DEVELOPMENT FROM THE ASSOCIATION WHICH CONTAINS MORE DETAILS REGARDING THE LANDSCAPING AND IRRIGATION RESPONSIBILITIES OF THE ASSOCIATION AND EACH OWNER. 7. Exhibit “A” to the First Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of June 25, 2012 and recorded as Instrument Number 201200186210 of the Real Property Records of Dallas County, Texas is hereby amended by deleting “Lots 1R-3R of Block A” under the description of the Commercial Lots and substituting “Lots 2R-4R of Block A” in its place. Lot 1R of Block A is not owned by Declarant and was included in Exhibit “A” in error and Lot 4R of Block A was inadvertently not included within Exhibit “A”. . Declarant hereby certifies that this Amendment has been approved by the written consent of Class A Members entitled to at least two-thirds (2/3) of the votes of the Class A Members and by the City Council of the City of Coppell. * * * * * {Signature Page Follows} First Amendment to Declaration of Covenants, Conditions and Restrictions EXECUTED to be effective as of the date first written above. DECLARANT: MAIN STREET COPPELL, LTD. By: CSE-Provident, LLC, its general partner By: Charles Cotten, Manager ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me the undersigned authority, on the ____ day of ______, 2012, by Charles Cotten, Manager, CSE-Provident, LLC, a Texas limited liability company, the general partner of Main Street Coppell, Ltd., a Texas limited partnership, for and on behalf of said company and partnership. Notary Public, State of Texas My Commission expires: Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security number or your driver’s license number. Correction Special Warranty Deed Date: Effective June 25, 2012 Grantor: City of Coppell, Texas, a Texas home rule municipality Grantor’s Mailing Address: 255 Parkway Blvd., Coppell, Dallas County, Texas 75019 Grantee: Coppell Economic Development Foundation, Inc., a Texas non-profit corporation Grantee’s Mailing Address: 255 Parkway Blvd., Coppell, Dallas County, Texas 75019 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. Property: TRACT 1: Being Lots 1R, 2R, 3R, 4R, 5R, 6R, 7R, 8R, 9R, 10R, 23R, 24R, 25R, 26R, 27R and 28R, Block F, OLD TOWN ADDITION, an Addition to the City of Coppell, Dallas County, Texas, according to the plat recorded under cc# 201200115939, Real Property Records, Dallas County, Texas. TRACT 2: Being Lots 2R, 3R, and 4R, Block A of plat of OLD TOWN ADDITION, an Addition to the City of Coppell, Dallas County, Texas, according to the plat recorded under cc# 201200173120, Real Property Records, Dallas County, Texas. TRACT 3: Being Lot 1R, Block D of plat of OLD TOWN ADDITION, an Addition to the City of Coppell, Dallas County, Texas, according to the plat recorded under cc# 201200173120, Real Property Records, Dallas County, Texas. TRACT 4: Being Lot 1RX, Block B of plat of OLD TOWN ADDITION, an Addition to the City of Coppell, Dallas County, Texas, according to the plat recorded under cc# 201200173120, Real Property Records, Dallas County, Texas. Reservations from Conveyance: 1. Grantor specifically reserves unto Grantor all oil, gas and other minerals owned by Grantor located in and under that may be produced from the Property to the extent not reserved by prior grantors; provided, however, Grantor, for itself and its successors and assigns hereby waives all surface rights and other rights of ingress and egress in and to the Property, and agrees that in conducting operations with respect to the exploration for and production, processing, transporting and marketing of oil, gas and other minerals from the Property, that no portion of the surface of the Property will be used, occupied or damaged and that fixtures, equipment, buildings or structures used in connection with the exploitation of the reserved mineral, oil and gas rights, shall not be placed on the surface of the Property. Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the mineral estate owned by Grantor with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. 2. All streets, alleys, and easements affecting the Property and dedicated to the public as shown on the Plat of the Property recorded as Instrument No. 20120015939 in the Official Public Records, Dallas County, Texas. 3. All streets, alleys, and easements affecting the Property and dedicated to the public as shown on the Plat of the Property recorded as Instrument No. 201200173120 in the Official Public Records, Dallas County, Texas. Exceptions to Conveyance and Warranty: 1. Declaration of Covenants, conditions and Restrictions for Main Street Coppell dated May 3, 2012, executed by Main Street Coppell, Ltd. and recorded as cc# 201200128399 in the Official Public Records of Dallas County, Texas, as amended by that certain First Supplemental Declaration of Covenants, Conditions and Restrictions for Main Street Coppell of even date herewith executed by Main Street Coppell, Ltd. and recorded in the Official Public Records of Dallas County, Texas. 2. Mineral Lease and all rights incident thereto dated November 1, 2007, to MCGR Operating Company, Inc. from the City of Coppell, Texas, as evidenced by Memorandum of Paid-Up Oil and Gas Lease, filed 02/06/2008, recorded in cc# 20080039819, Real Property Records, Dallas County, Texas. 3. Mineral Lease and all rights incident thereto dated February 12, 2008, to Chesapeake Exploration, L.L.C. from Hassan Khosravi and wife, Mohtaram Fallahian, as evidenced by Memorandum of Paid-Up Oil and Gas Lease, filed 06/16/2008, recorded in cc# 20080197305, Real Property Records, Dallas County, Texas 4. Mineral estate and interest in coal, lignite and other minerals together with all rights, privileges and immunities thereto described in instrument filed 02/06/2009, recorded in cc# 200900035154, Real Property Records, Dallas County, Texas 5. Liens for ad valorem taxes for the current and subsequent years. 6. Shared Parking Agreement between City of Coppell, Texasn ad CSE Commercial Real Estate, L.P., effective November 29, 2010, and filed as Instrument No. 201200124094, Official Public Records, Dallas county, Texas, as amended by that certain First Amendment to Shared Parking Agreement effective December 27, 2011, and filed as Instrument No. 201200124095, Official Public Records, Dallas County, Texas, and assigned to Main Street Coppell, Ltd., by instrument dated February 22, 2012, and filed as Instrument No. 201200124306, Official Public Records, Dallas County, Texas. 7. Temporary Construction Easement Agreement filed May 4, 2012 and recorded in County Clerk’s No. 201200128407, Real Property Records, Dallas County, Texas. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee’s successors, and assigns forever. Grantor binds Grantor and Grantor’s heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee’s successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. THIS DEED IS BEING RECORDED TO CORRECT, REPLACE AND SUPERSEDE THAT ONE DEED FILED ON 06/28/2012 UNDER CC# 201200186208, REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, WHICH CONTAINED AN INCORRECT LEGAL DESCRIPTION OF THE PROPERTY BEING CONVEYED. When the context requires, singular nouns and pronouns include the plural. CITY OF COPPELL, TEXAS By:____________________________________ Karen Selbo Hunt,Mayor State of Texas § § County of Dallas § Acknowledged before me, the undersigned authority, this _______ day of __________________, 2012, by Karen Selbo Hunt, Mayor, City of Coppell, Texas, a Texas home rule municipality, for and on behalf of said municipality. ___________________________________ Notary Public, State of Texas Commission Expires:__________________ AGREED AND ACCEPTED: COPPELL ECONOMIC DEVELOPMENT FOUNDATION, INC. A Texas non-profit corporation By:_______________________________________ James Walker, President State of Texas § § County of Dallas § Acknowledged before me, the undersigned authority, this _______ day of __________________, 2012, by James Walker, President, Coppell Economic Development Foundation, Inc., a Texas non-profit corporation, for and on behalf of said corporation. ___________________________________ Notary Public, State of Texas Commission Expires:__________________ After recording, Return to: Kevin B. Laughlin Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201