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CP 2013-03-26City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, March 26, 2013 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 Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 26, 2013, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room A.Section 551.087, Texas Government Code - Economic Development Negotiations. Discussion regarding economic development prospects south of Houston Street and west of S. Coppell Road. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. Discussion regarding property purchases and matters concerning property located at Northlake. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding the Library Strategic Plan. B.Discussion of 265 Parkway Parking Lot Expansion. Page 1 City of Coppell, Texas Printed on 8/16/2016 March 26, 2013City Council Meeting Agenda C.Discussion of Agenda Items. Regular Session (Open to the Public) 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Consider approval of a proclamation naming March 26, 2013, as Donna Jenkins Appreciation Day, and authorizing the Mayor to sign. Proclamation.pdfAttachments: 7.Consider approval of a proclamation naming April 6, 2013 as ARBOR DAY and authorizing the Mayor to sign. Proclamation.pdfAttachments: 8.Consider approval of a Proclamation naming the month of April as “Records Management Month,” and authorizing the Mayor to sign. Proclamation.pdfAttachments: 9.Presentation of the Texas Municipal Library Directors Association “Achievement of Excellence in Libraries Award” to the William T. Cozby Public Library. Staff Memo - TMLDA Award.pdf Library Award Letter.pdf Attachments: 10.Board Report by Keep Coppell Beautiful. 11.Citizens’ Appearance 12.Consent Agenda A.Consider approval of the minutes: February 26, 2013 and March 6, 2013. February 26 Minutes.pdf March 6 Minutes.pdf Attachments: B.Consider approval of an Ordinance for Case No. PD-210R-SF-9, Kaye Street, a zoning change from PD-210-SF-9/(CH) (Planned Development-210-Single Family-9/Called Hearing), to PD-210R-SF-9 (Planned Development-210 Revised-Single Family-9), to allow a home with stucco construction to be located at 413 Kaye Street and authorizing the Mayor to sign. Page 2 City of Coppell, Texas Printed on 8/16/2016 March 26, 2013City Council Meeting Agenda Cover Memo.pdf Ordinance.pdf Exhibit A - Legal Description.pdf Exhibit B - Site Plan and Elevations (2 pages).pdf Attachments: C.Consider approval of an Ordinance for Case No. PD-250R8-H, Old Town Addition (Main Street), a zoning change from PD-250-H (Planned Development-250-Historic), to PD-250R8-H (Planned Development-250 Revision 8-Historic), to revise the existing Conceptual Planned Development Ordinance, including Section 4, to provide for Administrative Review and approval of Detail Plans when in general conformance with the Concept Plan and conditions, on approximately 10.4 acres located south of Bethel Road, north of Burns Road between Hammond and South Coppell Roads and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Attachments: End of Consent Agenda 13.Consider approval of a Letter of Intent by and between the City of Coppell and CSE Commercial Real Estate, LP, to develop and acquire 7.837 acres ± of land located along the east side of South Coppell Road south of Bethel Road; and, to authorizing the City Manager to negotiate and execute the appropriate agreements with CSE Commercial Real Estate, LP, and/or Coppell Economic Development Foundation consistent therewith and authorize the Mayor and City Manager to execute appropriate closing documents necessary to convey such property. CSE Letter of Intent - Memo.pdf CSE Letter of Intent - LOI.pdf Attachments: 14.Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2012-1318, the budget for the Fiscal Year October 1, 2012 through September 30, 2013, and authorizing the Mayor to sign. Agenda item memo Mar 26 2013.pdf Budget Amendment March 26 2013.pdf Attachments: 15.PUBLIC HEARING: Consider approval of Case No. ZC-624, Southwestern Industrial Addition, Lot 1, a zoning change request from C (Commercial) to LI (Light Industrial), to be consistent with the zoning on the abutting properties on 0.9 acres of property located at the northeast corner of Southwestern Boulevard and South Coppell Road (440 Southwestern Blvd.). Page 3 City of Coppell, Texas Printed on 8/16/2016 March 26, 2013City Council Meeting Agenda Cover Memo.pdf Staff Report.pdf Site Plan.pdf Attachments: 16.PUBLIC HEARING: Consider approval of Case No. PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD-133-HC (Planned Development-133-Highway Commercial) to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S.H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. Cover Memo.pdf Postpone Request Letter Appeal Letter.pdf Staff Report.pdf PD-Conditions.pdf Zoning Exhibit and Site Plan.pdf Screening Wall and Fence Details.pdf Landscape Plan (2 pages).pdf Attachments: 17.PUBLIC HEARING: Consider approval of Case No. PD-255R-SF, Westhaven, a zoning change request from PD-255-SF (Planned Development 255-Single Family) to PD-255R-SF (Planned Development 255-Revised-Single Family), to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on 11 lots containing 1.6 acres of property located south of S.H. 121, approximately 2,460 feet west of Magnolia Park. Cover Memo.pdf Staff Report.pdf Site Plan.pdf Attachments: 18.PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 30 - “S OR SUP”, SPECIAL USE PERMITS, Section 12-30-16(3), New restaurant in a lease space/building with an existing Special Use Permit for a restaurant, to eliminate the requirement for Administrative Approval of an SUP for a new restaurant occupant. Cover Memo.pdf Staff Report with redlined Ordinance.pdf Attachments: 19.PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 27 - “PD” Page 4 City of Coppell, Texas Printed on 8/16/2016 March 26, 2013City Council Meeting Agenda PLANNED DEVELOPMENT DISTRICT, Section 12, to revise various provisions, including granting the Director of Planning approval authority to approve Detail Plans, after DRC review, if compliance with the Concept Plan. Cover Memo.pdf Staff Report with Redlined Ordinance.pdf Attachments: 20.PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 39 - BUILDING SITE CREATION AND SITE PLAN REVIEW, Section 12-39-2, Review of site plans, to allow the Planning & Zoning Commission to be the final authority on site plans. Cover Memo.pdf Staff Report with redlined Ordinance.pdf Attachments: 21.Consider approval of bid No. Q-0213-01, from JDK Associates, Inc., in the amount of $1,285,202.60, for erosion control improvements for Andrew Brown Park East and Alex Drive Canal, and authorizing the CRDC President and City Manager to sign the necessary documents Memo.pdf Award Recommendation Letter.pdf Bid Tab.pdf Map.pdf Attachments: 22.Consider approval of an Ordinance by amending Section 8-3-1(A) of the Code of Ordinances; making it unlawful to stop, stand, or park a vehicle on the east side of Enclaves Court at all times from its point of intersection with Parkway Boulevard to a point 110 feet south; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and authorizing the Mayor to sign and execute any necessary documents. No Parking Ordinance Enclaves Court Memo.pdf No Parking Ordinance Enclaves Court HOA Request.pdf No Parking Ordinance Enclaves Court Exhibit.pdf No Parking Ordinance Enclaves Court Ordinance.pdf Attachments: 23.Consider approval of a contract with RKM Utilities for the reconstruction of Mockingbird Lane as part of the ¼ cent sales tax initiative in the amount of $987,155.00, with an additional incentive bonus of $60,000.00, for a total award of $1,047,155.00, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Page 5 City of Coppell, Texas Printed on 8/16/2016 March 26, 2013City Council Meeting Agenda Contract award Mockingbird Lane memo.pdf Contract award Mockingbird Lane Recommendation.pdf Contract award Mockingbird Lane Bid Tab.pdf Contract Award Mockingbird Lane Exhibit.pdf Attachments: 24.Consider approval of an Engineering Services contract with Teague Nall and Perkins, Inc. for the relocation of a water line within the TxDOT State Highway (SH121) corridor to accommodate the widening of SH121 in the amount of $99,500.00; as budgeted; and authorizing the City Manager to sign and execute any necessary documents. SH 121 Water Line contract memo.pdf SH 121 Water Line contract exhibit.pdf SH 121 Water Line contract.pdf Attachments: 25.Consider adoption of the William T. Cozby Public Library 2013-2015 Strategic Plan. Staff Memo - Library Strategic Plan.pdf StrategicPlanBrochure.pdf Attachments: 26.City Manager Reports Project Updates and Future Agendas. 27.Mayor and Council Reports A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding upcoming Spring Events, EGGStravaganza and EcoCoppell Earthfest. 28.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 29.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 30.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 6 City of Coppell, Texas Printed on 8/16/2016 March 26, 2013City Council Meeting Agenda 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 7 City of Coppell, Texas Printed on 8/16/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0955 File ID: Type: Status: 2013-0955 Agenda Item Executive Session 1Version: Reference: In Control: Administration 03/18/2013File Created: 03/26/2013Final Action: Exec Session - eco dev prospects s. of Houston, w. of S. Coppell File Name: Title: Discussion regarding economic development prospects south of Houston Street and west of S. Coppell Road. Notes: Agenda Date: 03/26/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 03/26/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-0955 Title Discussion regarding economic development prospects south of Houston Street and west of S. Coppell Road. Summary Executive Summary: Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0955) Business Prosperity Page 2City of Coppell, Texas Printed on 8/16/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0964 File ID: Type: Status: 2013-0964 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 03/18/2013File Created: 03/26/2013Final Action: Executive SessionFile Name: Title: Discussion regarding property purchases and matters concerning property located at Northlake. Notes: Agenda Date: 03/26/2013 Agenda Number: 2 Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 03/26/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-0964 Title Discussion regarding property purchases and matters concerning property located at Northlake. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 8/16/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0943 File ID: Type: Status: 2013-0943 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 03/07/2013File Created: 03/26/2013Final Action: Work SessionFile Name: Title: A.Discussion regarding the Library Strategic Plan. B.Discussion of 265 Parkway Parking Lot Expansion. C.Discussion of Agenda Items. Notes: Agenda Date: 03/26/2013 Agenda Number: 3 Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented in Work Session 03/26/2013City Council Presented in Work Session Action Text: Text of Legislative File 2013-0943 Title A.Discussion regarding the Library Strategic Plan. B.Discussion of 265 Parkway Parking Lot Expansion. C.Discussion of Agenda Items. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 8/16/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0943 Page 1City of Coppell, Texas Printed on 8/16/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0963 File ID: Type: Status: 2013-0963 Agenda Item Passed 1Version: Reference: In Control: City Secretary 03/18/2013File Created: 03/26/2013Final Action: Jenkins ProclamationFile Name: Title: Consider approval of a proclamation naming March 26, 2013, as Donna Jenkins Appreciation Day, and authorizing the Mayor to sign. Notes: Agenda Date: 03/26/2013 Agenda Number: 6. Sponsors: Enactment Date: Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Mayor Pro Tem Brancheau read the proclamation for the record and presented the same to Donna Jenkins. A motion was made by Councilmember Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0963 Title Consider approval of a proclamation naming March 26, 2013, as Donna Jenkins Appreciation Day, and authorizing the Mayor to sign. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0963) Goal Icon: Page 2City of Coppell, Texas Printed on 8/16/2016 PROCLAMATION WHEREAS, Donna Jenkins was hired at the City of Coppell on April 24, 1989, as an Administrative Secretary, and has held various titles until promoted to Assistant Director of Human Resources on October 9, 1995; and WHEREAS, Donna has played an instrumental role in the development of the City’s Human Resources Department from a two person operation, to managing the day-to-day activities of the Human Resources staff with responsibilities over the areas of payroll, benefits administration, workers comp, staffing and personnel administration; and WHEREAS, Donna was responsible for developing the City’s management, supervisory and administrative/clerical training programs; and WHEREAS, Donna has been very effective in her role of facilitating the issues between management and employees; and WHEREAS, Donna has lived the department’s mission of “providing a human approach to human concerns.” NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim March 26, 2013 as "DONNA JENKINS APPRECIATION DAY" IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of March 2013. _________________________ Karen Selbo Hunt, Mayor ATTEST: _________________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0958 File ID: Type: Status: 2013-0958 Agenda Item Passed 1Version: Reference: In Control: Parks and Recreation 03/18/2013File Created: 03/26/2013Final Action: Arbor Day ProclamationFile Name: Title: Consider approval of a proclamation naming April 6, 2013 as ARBOR DAY and authorizing the Mayor to sign. Notes: Agenda Date: 03/26/2013 Agenda Number: Sponsors: Enactment Date: Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Mayor Pro Tem Brancheau read the proclamation for the record and presented the same to Shawn Thompson, KCB Chair, Bret Saunders, KCB Boardmember, and Jen Ferguson, Community Programs Coordinator. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0958 Title Consider approval of a proclamation naming April 6, 2013 as ARBOR DAY and authorizing the Mayor to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0958) Staff Recommendation: Approval recommended. Goal Icon: Page 2City of Coppell, Texas Printed on 8/16/2016 PROCLAMATION WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, 2013 is the 141st anniversary of the holiday and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious top soil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim April 6, 2013 as "ARBOR DAY" in the City of Coppell, and I urge all citizens to celebrate Arbor Day at the Clean Coppell Earthfest and to support efforts to protect our trees and woodlands, and further I urge all citizens to plant trees to gladden the heart and promote the well being of the future generations. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ______day of March 2013. ________________________ Karen Selbo Hunt, Mayor ATTEST: ____________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0953 File ID: Type: Status: 2013-0953 Agenda Item Passed 2Version: Reference: In Control: City Secretary 03/15/2013File Created: 03/26/2013Final Action: Proclamation Records ManagementFile Name: Title: Consider approval of a Proclamation naming the month of April as “Records Management Month,” and authorizing the Mayor to sign. Notes: Agenda Date: 03/26/2013 Agenda Number: Sponsors: Enactment Date: Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 PassApproved03/26/2013City Council Mayor Pro Tem Brancheau read the proclamation for the record and presented the same to Brenda Patterson, CRM, VP Professional Development, ARMA Dallas Chapter, and Veronica Lomas, Assistant City Secretary. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0953 Title Consider approval of a Proclamation naming the month of April as “Records Management Month,” and authorizing the Mayor to sign. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0953) Goal Icon: Page 2City of Coppell, Texas Printed on 8/16/2016   PROCLAMATION WHEREAS, executives and managers in both business and government are increasingly aware of the need for an organized approach to managing their organizations’ records, and WHEREAS, the systematic administration of information used in problem-solving and decision- making requires a comprehensive records management program under the direction of a professional records administrator; and WHEREAS, a well-planned records management program is essential to increase the efficiency and reduce the cost of storing and retrieving information and to ensure compliance with statutes governing records retention. NOW, THEREFORE, I Karen Selbo Hunt, Mayor of the City of Coppell, in the state of Texas, do hereby proclaim the month of April 2013, as “RECORDS MANAGEMENT MONTH” in the City of Coppell, and urge all citizens to recognize the importance of records management in the modern organization. IN RECOGNITION THEREOF, I hereby set my hand and the seal of the City of Coppell, Texas, on this the 26th day of March, 2013. _____________________ Karen Selbo Hunt, Mayor ATTEST: ____________________ Christel Pettinos, City Secretary         Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0935 File ID: Type: Status: 2013-0935 Presentation Presented and Filed 1Version: Reference: In Control: Library 03/05/2013File Created: 03/26/2013Final Action: Library - TMLDA Award PresentationFile Name: Title: Presentation of the Texas Municipal Library Directors Association “Achievement of Excellence in Libraries Award” to the William T. Cozby Public Library. Notes: Agenda Date: 03/26/2013 Agenda Number: 9. Sponsors: Enactment Date: Staff Memo - TMLDA Award.pdf, Library Award Letter.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Vicki Chiavetta History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented and Filed03/26/2013City Council Presented and Filed Ann Weigand, Library Director for the City of Lewisville, presented the Texas Municipal Library Directors Award to Vicki Chiavetta, Coppell Library Director, staff and Board members. Action Text: Text of Legislative File 2013-0935 Title Presentation of the Texas Municipal Library Directors Association “Achievement of Excellence in Libraries Award” to the William T. Cozby Public Library. Summary Fiscal Impact: There is no fiscal impact for this agenda item. Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0935) The Library recommends that they be recognized for receiving the Achievement of Excellence in Libraries Award. Goal Icon: Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Vicki Chiavetta, Director of Library Services Date: March 26, 2013 Reference: Texas Municipal Library Directors Association Achievement of Excellence in Libraries Award 2030: Community Wellness and Enrichment, Sense of Community, Special Place to Live Introduction: Presentation of the Texas Municipal Library Directors Association “Achievement of Excellence in Libraries Award” to the William T. Cozby Public Library. Analysis: The library has received the Texas Municipal Library Directors Association “Achievement of Excellence in Libraries Award” for the eighth consecutive year. Libraries are selected for this honor based on specific criteria in each of ten categories including enhanced services, literacy support, collaborative efforts and programs. The award recognizes libraries that have succeeded in providing a wide range of library services to their service population. The William T. Cozby Public Library is one of 30 out of over 500 libraries across the state to receive the award. Legal Review: Agenda item did not require legal review. Fiscal Impact: There is no fiscal impact for this agenda item. Recommendation: The Library recommends that they be recognized for receiving the Achievement of Excellence in Libraries Award. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0960 File ID: Type: Status: 2013-0960 Agenda Item Read and Filed 1Version: Reference: In Control: Parks and Recreation 03/18/2013File Created: 03/26/2013Final Action: Board UpdateFile Name: Title: Board Report by Keep Coppell Beautiful. Notes: Agenda Date: 03/26/2013 Agenda Number: 10. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed03/26/2013City Council Read and Filed Shawn Thompson, Chair, gave the Board's semi-annual report. Action Text: Text of Legislative File 2013-0960 Title Board Report by Keep Coppell Beautiful. Summary Semi-annual report by a member of the Keep Coppell Beautiful Board. Fiscal Impact: Staff Recommendation: Goal Icon: Sense of Community Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0960) Page 2City of Coppell, Texas Printed on 8/16/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0941 File ID: Type: Status: 2013-0941 Agenda Item Passed 1Version: Reference: In Control: City Secretary 03/07/2013File Created: 03/26/2013Final Action: MinutesFile Name: Title: Consider approval of the minutes: February 26, 2013 and March 6, 2013. Notes: Agenda Date: 03/26/2013 Agenda Number: Sponsors: Enactment Date: February 26 Minutes.pdf, March 6 Minutes.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 03/26/2013City Council A motion was made by Councilmember Billy Faught, seconded by Councilmember Aaron Duncan, approving Agenda Items A-C on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0941 Title Consider approval of the minutes: February 26, 2013 and March 6, 2013. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0941) Page 2City of Coppell, Texas Printed on 8/16/2016 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, February 26, 2013 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;Bob Mahalik;Wes Mays;Billy Faught;Marvin Franklin and Aaron Duncan Present 7 - Gary RodenAbsent1 - Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 26, 2013, 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 Work Session at 5:45 p.m. Work Session (Open to the Public) 1st Floor Conference Room2. A.Discussion regarding the Legislative Agenda . B.Update regarding Kid Country. C.Discussion regarding Coppell Nature Biodiversity Center. D.Discussion regarding Council Retreat. E.Discussion regarding potential Council Sub-Committees. F.Discussion regarding Sales Tax Reauthorization Steering Committee. Page 1City of Coppell, Texas February 26, 2013City Council Minutes G.Discussion of Agenda Items. Mayor Hunt recessed the Work Session at 7:29 p.m. and reconvened into the Regular Session. Executive Session (Closed to the Public) 1st Floor Conference Room3. Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects north of I.H. 635 and west of Freeport Parkway. Read and Filed B.Discussion regarding economic development prospects north of Dividend and west of Belt Line. Read and Filed C.Discussion regarding economic development prospects south of Bethel Road and west of Main Street. Read and Filed D.Discussion regarding economic development prospects south of Houston Street and west of S. Coppell Road. No information available at this time. Section 551.072, Texas Government Code - Deliberation regarding Real Property. E.Discussion regarding property located south of Bethel Road and east of S. Coppell Road. Read and Filed Section 551.071, Texas Government Code - Consultation with City Attorney. F.Seek legal advice from the City Attorney concerning pending litigation styled Case McKay v. City of Coppell, Cause No. CC-12-00928-B in County Court of Law #2 of Dallas County. Read and Filed Regular Session (Open to the Public) Invocation 7:30 p.m.4. Chaplain, Steve Calvert, gave the Invocation. Page 2City of Coppell, Texas February 26, 2013City Council Minutes Pledge of Allegiance5. The Coppell Fire Department Honor Guard posted the colors and led those present in the Pledge of Allegiance. Citizens’ Appearance6. Mayor Hunt asked for those who signed up to speak: 1) Jack Clark, 718 Beal Ln., spoke in regards to the construction at the Amazon site, and thanked Mike Garza for his assistance with the noise. 7.Consider approval of a proclamation naming March 3 - March 9, 2013, as Severe Weather Awareness Week , and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to Fire Chief Kevin Richardson. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau ;Councilmember Bob Mahalik;Councilmember Wes Mays ;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 8.Presentation to the Coppell Fire Department on receiving the Texas Fire Chief Association, “Lone Star Achievement Award.” Mayor Hunt presented the Lone Star Achievement Award on behalf of the Texas Fire Chief Association to Fire Chief Kevin Richardson and Deputy Chief Gregg Loyd. 9.Consider approval of minutes: February 12, 2013. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau ;Councilmember Bob Mahalik;Councilmember Wes Mays ;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 10.Public Hearing: Consider approval of a Resolution granting a variance of one hundred twenty five (125') feet to Trinity River Kayak Company from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages , with a business address being 1601 East Sandy Lake Road; and authorizing the Mayor to sign. Page 3City of Coppell, Texas February 26, 2013City Council Minutes 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 Marvin Franklin, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau ;Councilmember Bob Mahalik;Councilmember Wes Mays ;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0226.1 11.Public Hearing: Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-17, Curfew Hours for Minors, for a period of three (3) years; and authorizing the Mayor to sign. Presentation: Police Chief Mac Tristan 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 Bob Mahalik, 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 Bob Mahalik;Councilmember Wes Mays ;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-1334 12.Consider approval to purchase sixteen (16) Panasonic Toughbooks to be utilized as vehicle Mobile Display Computers from CDW-Government in the amount of $69,235.20 as approved; and authorizing the City Manager to sign. Presentation: Deputy Police Chief Matt Kosec made a presentation to Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau ;Councilmember Bob Mahalik;Councilmember Wes Mays ;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 13.Consider approval of funding the remaining portion of the Nature Biodiversity Center construction after all donations are considered, in an amount not to exceed $900,000.00. Presentation: Brad Reid, Director of Parks and Recreation, made a Page 4City of Coppell, Texas February 26, 2013City Council Minutes presentation to Council. Lou Duggan, Friends of Coppell Nature Park, answered questions of Council. Council recessed the Regular Session at 8:45 p.m. to convene into Executive Session under Section 551.071, Texas Government Code - Consultation with City Attorney. Council adjourned the Executive Session at 9:01 p.m. and reconvened into Regular Session. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Marvin Franklin, to approve funding in the amount of $900,000 condition upon the execution of a contract with the Friends of the Coppell Nature Park and the contractor for donations collected, and any acquired in the future, in the amount of $486,000 for construction and material services, and $375,000 in cash donations from the school district, and authorize the City Manager to sign upon approval as to form by the City Attorney. The motion passed 4-2 with Councilmembers Mahalik, Mays, Franklin and Duncan voting in favor and Mayor Pro Tem Brancheau and Councilmember Faught voting against the motion. Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:4 - Mayor Pro Tem Tim Brancheau and Councilmember Billy FaughtNay:2 - City Manager Reports14. Project Updates and Future Agendas. Read and Filed City Manager Clay Phillips reported the construction on the cottages in Old Town Coppell have begun. The Heritage Festival and Grand Opening will be April 13th. The move in date for 265 Parkway Blvd. will be March 1st. Also, Vanbebber Road is now open. Finally, the Joint City Council Meeting with the Economic Development Committee and Planning and Zoning Commission will be held on March 6th in the Fire Training Room at Station #3. After that, there will not be any meetings until March 26th. Council Committee Reports15. 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 Community Clinic - Mays H.Metrocrest Social Service Center - Franklin I.North Central Texas Council of Governments - Duncan J.North Texas Commission - Roden Page 5City of Coppell, Texas February 26, 2013City Council Minutes K.Senior Adult Services - Franklin Read and Filed A. Councilmember Faught announced Spring Break for C-FBISD is March 11-15th. Barbara Bush Middle School will be hosting a Gently Used Book Sale February 28th - March 1st. Finally, there will be a Graduation Meeting at Creekview High School on March 8th. B. Councilmember Mays reported on Wilson Elementary's 1st annual International Night held on January 26th. Also, 19 high school band students qualified for the 5A All-State Band. Mr. Mays also spoke about CISD's plans on updating security at the schools and served as Principal for the Day at Mockingbird Elementary. C. Councilmember Faught announced the Roaring 20's Casino Night will be March 23rd from 4-8 p.m. D. Mayor Hunt said the next DRMC meeting will be March 27th. They are focusing on legislative items both in Austin and Washington D.C. E. Nothing to report. F. Councilmember Mahalik reported on the Foundation's first quarterly meeting. The Executive Committee is being led by Jerry Bates. The Foundation has various programs available, such as tattoo removal for those who have left the gang lifestyle and $11 mamograms. G. Councilmember Mays announced the new officers were installed at the meeting in January. Bill Rohloff has been selected as President. The next meeting will be March 28th. H. Councilmember Franklin said Tracy Eubanks, the Metrocrest Chamber of Commerce President, will be taking on the role of Executive Director after Bunny Summerlin retires. Metrocrest Social Services is also working with two churches in Coppell to feed the students at the Tom Landry Elementary School and Wilson Elementary during the summer with the Sack Summer Hunger Program. The organization, Coppell Cares, will be working with the First United Methodist Church to provide social services to Coppell residents. Finally, the annual Keyholder's Breakfast will be April 23rd at the Marriott. I. Councilmember Duncan reported the NCTCOG has been acting administratively in nature. They recently approved their submitted budget items. J. Nothing to report. K. Nothing to report. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 16. Councilmember Mays reported Governor Rick Perry will be coming to Coppell on April 21st. Tickets and location information will be available. Page 6City of Coppell, Texas February 26, 2013City Council Minutes Necessary Action from Executive Session17. At this time, Council convened into Executive Session at 9:46 p.m. Council adjourned Executive Session at 10:38 p.m. and reconvened into the Regular Session. Nothing to report. Adjournment There being no further action before the City Council, the meeting was adjourned. ________________________ 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 22nd day of February, 2013, 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 7City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 6:00 PM Fire Station #3 Training RoomWednesday, March 6, 2013 Special Called Session and Joint Meeting with City Council, Economic Development Committee and Planning and Zoning Commission 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;Bob Mahalik;Wes Mays;Gary Roden;Billy Faught;Marvin Franklin and Aaron Duncan Present 8 - Also present were City Manager Clay Phillips and City Secretary Christel Pettinos. The City Council of the City of Coppell met in a Special Called Session on Wednesday, March 6, 2013, at 6:00 p.m. at the Fire Station #3 Training Room, 133 Parkway Boulevard, Coppell, Texas. Call to Order Special Called Session (Open to the Public) Mayor Hunt called the meeting to order, determined that a quorum was present and convened into the Special Session at 6:05 p.m. 1.Approval of appointing citizens to the CRDC Sales Tax Re-Authorization Steering Committee. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Gary Roden, that this Agenda Item be approved with the following names as read into the record: Nancy Yingling Neil Bales Jack Clark Ed Guignon Page 1City of Coppell, Texas March 6, 2013City Council Minutes Mike Tanner Greg Garcia Steve Charters Terry Hoffman Christi Greene The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau ;Councilmember Bob Mahalik;Councilmember Wes Mays ;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 2.Consider approval of a Resolution encouraging the members of the Legislature of the State of Texas to amend House Bill 14 and Senate Bill 14 as introduced and currently being considered in the current session of the Texas Legislature , which would alter the process of issuance of certificates of obligation by cities and counties, and would significantly increase items required to be shown on ballots for bond elections and create increased ongoing reporting requirements regarding indebtedness; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau ;Councilmember Bob Mahalik;Councilmember Wes Mays ;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0306.1 Adjournment for Special Called Session Mayor Hunt adjourned the Special Session at 6:12 p.m. and convened into the Joint Work Session at 6:13 p.m. Call to Order Joint Work Session (Open to the Public) 3.Introductions and General Remarks - Mayor Hunt. 4.Opening Remarks from Committee Chairmen. 5.Roles and Responsibilities of Committees. 6.Planning and Development Process and Ordinance Updates. 7.Development and Project Update. 8.Future Joint Meeting Topics . Read and Filed Page 2City of Coppell, Texas March 6, 2013City Council Minutes Adjournment for Joint Work Session There being no further business before the Council, the meeting was adjourned at 8:12 p.m. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 3City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0933 File ID: Type: Status: 2013-0933 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 03/05/2013File Created: 03/26/2013Final Action: PD-210R-SF-9, ORD Kaye StreetFile Name: Title: Consider approval of an Ordinance for Case No. PD-210R-SF-9, Kaye Street , a zoning change from PD-210-SF-9/(CH) (Planned Development-210-Single Family-9/Called Hearing), to PD-210R-SF-9 (Planned Development -210 Revised-Single Family-9), to allow a home with stucco construction to be located at 413 Kaye Street and authorizing the Mayor to sign. Notes: Agenda Date: 03/26/2013 Agenda Number: B. Sponsors: Enactment Date: 03/26/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A - Legal Description.pdf, Exhibit B - Site Plan and Elevations (2 pages).pdf Attachments: Enactment Number: 91500-A-614 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 03/26/2013City Council A motion was made by Councilmember Billy Faught, seconded by Councilmember Aaron Duncan, approving Agenda Items A-C on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0933 Title Consider approval of an Ordinance for Case No. PD-210R-SF-9, Kaye Street, a zoning change from PD-210-SF-9/(CH) (Planned Development-210-Single Family-9/Called Hearing), to PD-210R-SF-9 (Planned Development-210 Revised-Single Family-9), to allow a home with stucco construction to be located at 413 Kaye Street and authorizing the Mayor Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0933) to sign. Summary Staff Recommendation: On February 12, 2013, City Council unanimously approved this ZONING CHANGE (6-0). On January 17, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (7-0). Commissioners, Goodale, Pritzlaff, Robinson, Haas, Darling, Portman and Sangerhausen voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Special Place to Live Page 2City of Coppell, Texas Printed on 8/16/2016 To: From: Date: Referenc 2030: Introduc The appl home wh except th Analysis On Febru On Janua this reque Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L March ce: Ordin constr Speci ction: icant is requ hich complie he elevations s: uary 12, 201 ary 17, 2012 est subject. eview: Attorney re mpact: mendation: nning Depart ment: ce with exhib r and City C L. Sieb, Dire h 26, 2013 nance for P ruction to be al Place to L uesting to bu es with all re s are indicati 3 Council un 2 Planning & eviewed this tment recom bits MEM Council ector of Plan PD-210R-SF e located at 4 Live uild a 3,250 s egulations o ing stucco ex nanimously & Zoning C Ordinance mmends Appr 1 MORANDU nning -9, Kaye S 413 Kaye Str square foot ( of the PD zo xterior with approved th Commission roval UM Street, to a reet (including g oning, includ stone accen his request. unanimousl allow a ho garage and po ding setback nts along the ly recommen me with st orches) one- ks, coverage, front façad nded approv tucco -story , etc., de. val of 1 TM 59593 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-210-SF-9/(CH) (PLANNED DEVELOPMENT-210-SINGLE FAMILY-9/CALLED HEARING), TO PD-210R-SF-9 (PLANNED DEVELOPMENT-210 REVISED-SINGLE FAMILY-9), TO ALLOW A HOME WITH STUCCO CONSTRUCTION TO BE LOCATED AT 413 KAYE STREETAND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF DEVELOPMENT REGULATIONS THROUGH ADOPTION OF THE DETAIL SITE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBIT “B; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD- 210R-SF-9 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-210-SF-9/(CH) (Planned Development-210-Single Family-9/Called Hearing), to PD-210R-SF-9 (Planned Development- 210 Revised-Single Family-9), to allow a home with stucco construction to be located at 413 Kaye Street, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. 2 TM 59593 SECTION 2. That the property shall be developed and used only in accordance with the provisions of Planned Development 210-SF-9 (Ordinance #91500-A-413) except as amended herein with the following development conditions as set forth herein below; A) Development of the property shall be in accordance with the regulations as provided in Section 3 of this Ordinance. B) A tree removal permit will be required prior to the removal of any trees. C) Continuation of the 24-inch stone accent band is along the side facades of the home, unless a solid fence is constructed and maintained which screens the view of the sides of the home from the street. D) That home constructed on Lot 32 Block 1, may use stucco building materials in lieu of masonry construction. . Stucco as used in this ordinance shall be defined as continuous plaster or mortar of seven-eighths (7/8”) of an inch thickness over wood frame with metal lath and elastomeric topcoat, and shall be of earth tone color. SECTION 3. That Detail Site Plan and Elevations attached hereto as Exhibit “B”, and made a part hereof for all purposes as special development regulations, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the (SF-9) Single Family-9 District regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part 3 TM 59593 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013 APPROVED: ____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) LEGAL DESCRIPTION    EXHIBIT ‘A’        Being all of Lot 32, Block 1 of the Anderson Addition, being an addition to the City  of Coppell, Dallas County, Texas, property known as 413 Kaye Street.    Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0936 File ID: Type: Status: 2013-0936 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 03/05/2013File Created: 03/26/2013Final Action: PD-250R8-H, ORD Old Town Addition (Main St)File Name: Title: Consider approval of an Ordinance for Case No. PD-250R8-H, Old Town Addition (Main Street), a zoning change from PD -250-H (Planned Development-250-Historic), to PD-250R8-H (Planned Development-250 Revision 8-Historic), to revise the existing Conceptual Planned Development Ordinance, including Section 4, to provide for Administrative Review and approval of Detail Plans when in general conformance with the Concept Plan and conditions, on approximately 10.4 acres located south of Bethel Road, north of Burns Road between Hammond and South Coppell Roads and authorizing the Mayor to sign. Notes: Agenda Date: 03/26/2013 Agenda Number: C. Sponsors: Enactment Date: 03/26/2013 Cover Memo.pdf, Ordinance.pdfAttachments: Enactment Number: 91500-A-615 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 03/26/2013City Council A motion was made by Councilmember Billy Faught, seconded by Councilmember Aaron Duncan, approving Agenda Items A-C on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0936 Title Consider approval of an Ordinance for Case No. PD-250R8-H, Old Town Addition (Main Street), a zoning change from PD-250-H (Planned Development-250-Historic), to Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0936) PD-250R8-H (Planned Development -250 Revision 8-Historic), to revise the existing Conceptual Planned Development Ordinance, including Section 4, to provide for Administrative Review and approval of Detail Plans when in general conformance with the Concept Plan and conditions, on approximately 10.4 acres located south of Bethel Road, north of Burns Road between Hammond and South Coppell Roads and authorizing the Mayor to sign. Summary Staff Recommendation: On February 12, 2013, City Council unanimously approved this ZONING CHANGE (6-0). On January 17, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (7-0). Commissioners Goodale, Pritzlaff, Robinson, Haas, Darling, Portman and Sangerhausen voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: March 26, 2013 Reference: Ordinance for PD-250R8-H, Old Town Addition (Main Street), to revise the existing Conceptual Planned Development Ordinance, to provide for Administrative Review and Approval of Detail Plans when in general conformance with the Concept Plan and conditions, and to allow neon signs on restaurants. 2030: Sustainable City Government, Business Prosperity & Community Wellness & Enrichment Introduction: The purpose of this PD amendment is to allow Administrative Review and Approval of Detail Plans when in general conformance with the Concept Plan and conditions, and to allow neon signs on restaurants. Analysis: On February 12, 2013 the City Council unanimously approved this PD amendment. On January 17, 2013 Planning & Zoning Commission unanimously recommended approval of this PD amendment. Legal Review: The city attorney’s office reviewed this Ordinance Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Ordinance AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PLANNED DEVELOPMENT -250-HISTORIC TO PD-250R8-H (PLANNED DEVELOPMENT-250- REVISION 8-HISTORIC) FOR THE PROPERTY LOCATED IN OLD TOWN COPPELL ON THE SOUTH SIDE OF BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SITE/LANDSCAPE PLAN ATTACHED AS EXHIBIT “B”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas, and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-250R8- H should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-250 “H” (Planned Development-250 Historic) to PD-250-R8 (Planned Development District Revision-8) for the property located in Old Town Coppell and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. TM 59595 SECTION 2. The property shall be developed and used in accordance with the following regulations: A) Purpose. The purpose of this Planned Development is to provide for a mixed use development within Old Town Coppell for the development of approximately thirteen (13) retail office cottages built with craftsman architectural style, a maximum of forty-four (44) town or patio homes, eleven (11) retail service buildings, two (2) restaurants, private parking and landscaping, to be anchored by the proposed Town Square. B) Uses and Base Zoning District. The property shall be developed and used only in accordance with Chapter 12, Article 28A “H” Historic District regulations of the Code of Ordinances and the Appendices thereto, except as otherwise provided herein: 1) Service, townhome or garden patio homes as depicted on the Conceptual Site/Landscape Plan (Exhibit B) are allowed without a special use permit. 2) The following uses are allowed in the service buildings that do not front the Town Square without Special Use Permit: carpentry; painting, plumbing or mechanical shops; private schools and related facilities; office, limited warehouse and distribution with less than ninety percent (90%) of the floor area in the service buildings. 3) A Special Use Permit shall not be required for sports, recreation and entertainment uses indoors, commercial printing shop, equipment sales and indoor amusement. 4) Restaurants and retail uses are allowed by right except for restaurants and retail uses occupying more than 8,000 square feet of foundation area (excluding patios) which require a special use permit. 5) Auto/Mobile Vehicle Parking Lots are allowed without need to obtain a special use permit. C) Area Regulations. 1) The structures along Coppell and Bethel Roads do not have to conform to the existing setback pattern along the same street. The size and shape of new buildings are not required to be consistent with the general massing of the existing “character defining” buildings. 2) Front yard: To be measured from back of curb, generally, 15-25 feet total on public and private property comprising of: TM 59595 a. Five feet to seven feet wide area of street trees, landscaping and lighting. b. Minimum five feet wide concrete sidewalk. c. Five feet to ten feet wide area with plants and other amenities (benches, trash receptacles, bike racks, etc., if appropriate). d. The front yard may also contain a patio (outside of the sidewalk) if a restaurant or similar use is proposed. A larger front yard is permitted for institutional uses. 3) Side yard: Zero to ten feet maximum unless: a. Adjacent to a roadway, then it shall be treated as a front yard (this shall follow the same standards of construction as the primary facade). b. Adjacent to a residential district, then it shall equal the side yard requirements of that residential district. c. A fire lane or drive is included in the side yard, and then a side yard can extend to the limits of such fire lane or drive. 4) Rear yard: No rear yard is required unless a nonresidential use is adjacent to a residential zoning district, then a ten feet minimum landscape buffer is required in accordance with section 12-33-1. Rear yards may provide for parking. 5) Maximum building size: Building footprint may not exceed 8,000 square feet without a special use permit. D) Parking Regulations. 1) Parking shall be in accordance with the off-street parking regulations of Chapter 12, Article 28A “H” Historic District regulations and Article 31 “Off Street Parking Regulations”, of the Code of Ordinanc es and the Appendices thereto, as amended, except special considerations and requirements specifically for PD-250-H which are as follows: a. Typical parking spaces shall be a minimum of nine -feet by eighteen feet. b. No parking area shall be allowed within five feet of the rear property line when abutting a nonresidential district, unless such parking abuts a private alley. c. Parking lots shall be screened through plantings of hedges, shrubs, trees, or fences at edges and in medians within the parkin g area, except those outside of view from public streets which shall not require screening. The screening and landscaping of parking areas shall be in accordance with Articles 33 and 12-34-8b, respectively. TM 59595 E) Landscaping and Screening. All landscaping and screening shall comply with Chapter 12, Article 28A “H” Historic District regulations and Article 34, of the Code of Ordinances and the Appendices thereto, as amended, except for special consideration and requirement specifically for PD-250-H which are as follows: 1) Residential lots shall have a minimum of a five foot wide area of street trees, landscaping and lighting. 2) No screening walls shall be required to separate land uses. 3) Trees planted in the parking islands shall be selected from the Overstory trees listed in Table 1 Plant Palette of the Comprehensive Zoning Ordinance, as amended. Trees located in the streetscape may be selected from either Overstory trees or Accent trees. 4) The service court area for the retail and service buildings shall be exempt from screening requirements for refuse storage and utility equipment. 5) Screening may be evergreen landscape materials as defined by the Code of Ordinances. 6) No screening is required for the townhomes or patio garden homes. 7) No screening is required of private parking areas not visible from the public rights-of-way or located adjacent to private alleys. 8) No perimeter or interior landscaping areas shall be required when located in a service court area. 9) Planting islands shall contain: (i) trees; and (ii) shrubs or groundcover. 10) If located within a visibility triangle, as required by the City Engineer, shrubs installed and maintained shall be less than 24 inches and trees shall have greater than 7 feet clearance from grade to the bottom of the crown. 11) A landscape perimeter buffer shall not be required along interior property lines or alleys. 12) Streetscape trees shall be counted toward the required number of trees required under the landscape ordinance in non-vehicular open space. No other trees shall be required for Cottage, Retail or Service uses. TM 59595 13) Trees in the streetscape may be either Overstory trees or accent trees, as defined. If an accent tree is used, it shall be a Savannah Holly, Tree Yaupon, Little Gem Magnolia, Crepe Myrtle or similar alternative. 14) Ground and wall mounted mechanical and utility equipment must be screened from public rights of way and may be screened by evergreen screening wall. No screening is required from adjacent properties. 15) Streetscape requirements of Sect. 12-28A shall not apply to Burns and Hammond Streets. 16) Overstory trees shall be required for landscape islands. F) Design and Construction Standards. Prior to the issuance of any building permit (residential or commercial), the developer/land owner shall conform with all detailed planned development requirements as provided for in Chapter 12, Article 27 of the Code of Ordinances and all structures shall comply with Chapter 12, Article 28A “H” Historic District regulations of the Code of Ordinances and the Appendices thereto, as amended, except as amended herein.: 1) Driveways shall be located to the side or rear with garages sited in the rear yards. 2) Building materials other than wood or brick may not include metal siding but may include cement board. 3) Commercial buildings shall have a minimum of 60 percent glazed area (windows and door openings) from floor to ceiling for ground floor primary facades. Cottage buildings shall have doors and windows appropriate for craftsman architecture. 4) Masonry may only be painted if intended for signage. 5) Roof form and pitch: Gable roof form shall not apply to retail or services buildings which may use flat roofs or parapets. 6) Buildings having facades longer than those historically found in the district may utilize vertically oriented bays or other vertical design elements to break up the massing. 7) Window framing materials may be of aluminum or vinyl but must be traditional in appearance and shall not have brushed or shiny aluminum or other metal appearance elements. TM 59595 8) Canopies/awnings: May be individually located within major bays or may be continuous. Canopies may be wooden or metal and parallel with the sidewalk. Awnings shall be angled and made of fabric (canvas) or similar materials (sunbrella), or metal. Plastic/vinyl is prohibited. 9) Shutters: Shall be of louvered wood, vinyl, fiberglass or metal construction, and shall fit the window opening (so that if closed, they would cover the window opening). 10) Foundations: May be raised and constructed of brick (brick veneer is acceptable). 11) Gutters: Shall be half-rounded unless there is a flat roof, then box drains may be used. 12) Electrical and gas meters and other mechanical equipment shall be located on the rear or side facades and sh all be screened from public rights-of-way. 13) Walls of freestanding brick are not permitted in front yards but are acceptable at rear yards and side yards not visible from the street unless at the rear of retail or service buildings as indicated on the Conceptual Site/Landscape Plan. I) Sign Regulations. Developer/owner shall comply with all sign regulations applicable in Chapter 12, Article 28A “H” Historic District regulations and Article 29, of the Code of Ordinances and the Appendices thereto, as amended, except for special consideration and requirement specifically for PD-250- H which are as follows: 1) Signs may be painted directly on the façade. 2) Pan signs may be installed on the facades if architecturally compatible with the facade. 3) Projecting or hanging, perpendicular from vertical building elevations, signs 4) Neon signs are prohibited, except on buildings containing a restaurant . TM 59595 SECTION 3. In addition, the requirements of Section 2, the property shall be developed and used only in accordance with the Conceptual Site/Landscape Plan attached as Exhibit “B”, and incorporated herein for all purposes, and which are hereby approved. SECTION 4. After review and recommendation by the Development Review Committee (DRC) the Director of Planning is authorized to approve Detail Site Plans for developments which are in accordance with provisions of this Planned Development District and regulations adopted herein. A) The Director of Planning may also approve minor amendments to the Detail Plans to: a. adjust building materials, colors, configuration and placement; b. to realign driveways and parking layout; c. to adjust open space, landscaping and screening; d. and to change utility and service locations; provided that no such minor amendments shall not substantially change the approved Concept Plan, as provided herein. B) Detail Site Plan Approval process: a. The applicant shall file an application to the Planning Department for Administrative Approval of Detail Site Plan , sufficient number of sets of the site plan, landscape plan, elevations and sign package for DRC review. Submission of preliminary engineering will be required unless waived by the Engineering Department. b. Written DRC Comments will be provided to the applicant 6 days prior to the Applicant DRC Meeting. TM 59595 c. The applicant shall address DRC comments, and revise plans to be reviewed at the Applicant DRC Meeting. d. The applicant shall submit the final site plan, landscape plan, elevations and sign package, and preliminary engineering, if required, to the Director of Planning for approval prior to the issuance of a building permit. C) If it is determined that the Detail Site Plan is not in general conformance with the provisions as stated in the PD, the applicant can initiate an amendment to the PD and regulations, as required by the Coppell Code of Ordinances. SECTION 5. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. In the event that a conflict exists between the Code of Ordinances, this Ordinance and/or the exhibits hereto, the Code of Ordinances shall govern. In the event that a conflict exists between this ordinance and the exhibits to this ordinance, Section 2 shall govern. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. TM 59595 SECTION 8 . An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013 APPROVED: _____________________________________ KAREN SELBO HUNT ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY GS 12/28/09; 40960)(REH/cdb revised) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0956 File ID: Type: Status: 2013-0956 Agenda Item Passed 1Version: Reference: In Control: Administration 03/18/2013File Created: 03/26/2013Final Action: CSE Letter of IntentFile Name: Title: Consider approval of a Letter of Intent by and between the City of Coppell and CSE Commercial Real Estate, LP, to develop and acquire 7.837 acres ± of land located along the east side of South Coppell Road south of Bethel Road; and, to authorizing the City Manager to negotiate and execute the appropriate agreements with CSE Commercial Real Estate, LP, and/or Coppell Economic Development Foundation consistent therewith and authorize the Mayor and City Manager to execute appropriate closing documents necessary to convey such property. Notes: Agenda Date: 03/26/2013 Agenda Number: 13. Sponsors: Enactment Date: CSE Letter of Intent - Memo.pdf, CSE Letter of Intent - LOI.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0956 Title Consider approval of a Letter of Intent by and between the City of Coppell and CSE Commercial Real Estate, LP, to develop and acquire 7.837 acres ± of land located along the east side of South Coppell Road south of Bethel Road; and, to authorizing the City Manager to negotiate and execute Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0956) the appropriate agreements with CSE Commercial Real Estate, LP, and/or Coppell Economic Development Foundation consistent therewith and authorize the Mayor and City Manager to execute appropriate closing documents necessary to convey such property. Summary Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Special Place To Live Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: March 26, 2013 Reference: Consider approval of a Letter of Intent by and between the City of Coppell and CSE Commercial Real Estate, LP to develop and acquire approximately 341,380 square feet of land located along the east side of South Coppell Road south of Bethel Road; and authorizing the City Manager to sign. 2030: Business Prosperity and Special Place to Live Introduction: The City has owned approximately 46.57 acres of land located along S. Coppell Road south of Bethel Road since 1999. The City sold 9.4 acres of that land to Kolberg Development, LLC in 2007 for the development of a special events center, a boutique hotel and a variety of retail and restaurant establishments. Kolberg Development, LLC failed to perform as specified in the Purchase and Sale Agreement; therefore, the City purchased the land back in 2011. Since that time, the land has remained vacant. CSE Commercial Real Estate, LP has submitted a Letter of Intent to purchase approximately 341,380 square feet of that land for the development of approximately 64 single family homes. CSE is in discussions with Darling Homes to develop 2-story Craftsman style homes on the east side of S. Coppell Road in accordance with the design guidelines established for Old Town Coppell. Analysis: The development of these homes helps to meet the objective of promoting new urban housing with density found in the Vision Coppell 2030 Special Place to Live Strategy. These homes will be zero lot line homes, which was specifically identified as a form of new urban housing. It also helps to increase opportunities for living in Old Town Coppell, which is part of the Business Prosperity Strategy. Ultimately, the construction of 64 new homes will add to the critical mass of residents living in the area to support existing and future retail and restaurant establishments in Old Town Coppell. Legal Review: Agenda item was reviewed by Bob Hager. 2 Fiscal Impact: The fiscal impact of this Agenda item is the sale of approximately 341,380 square feet of land for a total purchase price of approximately $1,604,486. Recommendation: Economic Development recommends approval. CSE Commercial Real Estate, LP 4956 N. O’Connor Road, Irving, TX 75062 March 26, 2013 Mr. Clay Phillips City Manager City of Coppell 255 Parkway Boulevard Coppell ,TX 75019-6603 RE: Purchase of approximately 7.837± acres (341,380± square feet) of land along the east side of South Coppell Road south of Bethel Road. Dear Clay, This letter of intent summarizes the basis upon which CSE Commercial Real Estate, or its assignee (“CSE”) would be willing to enter into a binding contract (the “Purchase Agreement”) to purchase the Property from the Coppell Economic Development Foundation (the “CEDF”), which will have concurrently purchased the Property from the City of Coppell (the “City”). This transaction will be similar to the Main Street Coppell transaction, including the addition of this Property to the Main Street Coppell Owners Association, except that the City will not be required to install any infrastructure. To be clear, this means that CSE will be responsible for the installation, at CSE’s cost, of all public streets and utilities to City standards as is typical of other residential developments, but will purchase completed lots in phases. The City will be required to grant CSE appropriate temporary and/or permanent easements to permit construction of the public improvements prior to closing on the lot purchases. 1. Property: 7.837± acres (341,380± square feet) of land located generally as shown on the site plan attached hereto as Exhibit A (the “Property”). The actual boundary of the Property shall be agreed by City and CSE and set forth in a boundary survey prepared at City’s cost prior to the Final Approval date. The Property must be developed in a manner required by City pursuant to a mutually agreed development plan (the “Plan”) for the Property developed by CSE and approved by City during the Inspection Period concurrent with any required platting and/or re-zoning of the Property as more particularly described below. The Plan shall incorporate development and use standards substantially consistent with the lot numbers, lot sizes, and residential product mix described in the attached Exhibit B. 2. Purchase Terms: CSE shall be granted a 3 year option to purchase the developed lots (“the Lots”) within the Property for the price per gross square foot based on the fair market value of the Property as determined by an appraisal of the Property obtained by the City. At closing on the sale of the Lots, the purchase price paid by CSE to CEDF shall consist of a payment of $4.70 per allocable square foot in cash, with the balance of any portion of the Purchase Price exceeding $4.70 per square foot consisting of a grant pursuant to Chapter 380 of the Texas Local Government Code (“380 Grant”) made by City to CSE to be used by CSE to purchase the Lot(s) from the CEDF (which must concurrently purchase the Lot(s) from City). In other words, if the entire area of the Property as surveyed is 341,380 square feet, the cash portion of the purchase price to be paid by CSE for all Lots will be 341,380 times $4.70, or $1,604,486, which amount shall be allocated at time of each closing based on the area of the Lots being sold at the time to total area of the Lots. If the appraisal obtained by City finds the fair market value of the Property exceeds $4.70 per square foot, the balance of the purchase price to be paid at closing will consist of a 380 Grant. The first closing shall include no fewer than the sale and purchase of 10 lots and shall be not later than one year of the Final Approval Date, but, in any case, not until the earlier of (a) 15 days following the date upon which all but 10 residential lots in the Main Street Coppell project have received building permits or (b) the second anniversary of the Final Approval Date. 3. Earnest Money: $50,000 to be escrowed with the Title Company (the “Earnest Money”) not later than three (3) business days after the execution of a Purchase Agreement and an additional $100,000 to be paid to the City (the “Option Fee”) upon the later of (i) the expiration of the Inspection Period, or (ii) 15 days following the final approval by the City of a subdivision plat for the Property and any necessary zoning change required to permit the Development Option (the ”Final Approval Date”). The Earnest Money is to be released to City at the Final Approval Date and, along with the Option Fee, will be credited by against the Purchase Price of the final lots purchased. 4. Title: Good and indefeasible fee simple title to the Property shall be conveyed to CSE upon each closing by special warranty deed, free and clear of all liens and encumbrances, subject only to such exceptions as may be approved by CSE, standard Schedule B exceptions, any street, utility (including water, sanitary sewer, gas, and telecommunications), drainage, and other easements dedicated to City on behalf of the public on any final plat approved prior to closing, which easements shall be retained by reserved by City at closing, and reservation by City of all oil, gas and other minerals owned by City located in and under and that may be produced from the Property to the extent not reserved by prior grantors; provided, however, City, for itself and its successors and assigns will agree to waive all surface rights and other rights of ingress and egress in and to the Property, and agree 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; provided, however. the restrictions or prohibitions on use of the surface shall not prohibit the pooling or unitization of the portion of the mineral estate owned by City 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. 5. Due Diligence Materials: Within twenty (20) days after the effective date of the Purchase Agreement, City shall deliver copies of, or make available for CSE’s review, applicable information on current zoning, environmental reports, surveys, soils reports, and all other information in Seller’s possession or control regarding the Property. In addition, within fifteen (15) days following the effective date of the Purchase Agreement, City shall deliver to CSE a current survey of the Property consistent with the boundaries shown on Exhibit “A” hereto prepared by a registered surveyor and a current commitment for an owner’s policy of title insurance issued by the Title Company. The Purchase Agreement will contain typical provisions for review and objection by CSE to matters shown in the title commitment and survey. 6. Inspection Period: CSE shall have an inspection period (the “Inspection Period”) of One Hundred Twenty (120) days following the effective date of the Purchase Agreement to determine the suitability of the Property for development. In this regard, City shall grant CSE and its agents a right of entry on the Property to obtain appraisals and to perform engineering and environmental tests and such other studies necessary in connection with CSE’s evaluation of the Property. CSE shall indemnify and hold the City and CEDF harmless from any claims resulting from such inspections. During the Inspection Period, CSE and the City shall attempt to finalize the Plan and get the Property platted and re-zoned, as necessary, but nothing herein or in the Purchase Agreement shall be construed as limiting the normal governmental approval rights held by City. In the event CSE determines prior to the expiration of the Inspection Period that the Property is not suitable for purchase, in its sole and absolute discretion, then CSE may give notice to City and the Purchase Agreement will terminate, the Earnest Money, less the amount of $3200.00, which shall be retained by City as full consideration for the option granted to CSE, will be returned to CSE, and the parties will have no further obligations to one another. 7. Zoning/Government Approvals: CSE shall be solely responsible, at CSE’s costs, for preparing and submitting any and all required applications necessary to develop the property for CSE’s intended use. City shall cooperate to the extent of signing any necessary applications or plats as owner of the Property. Such applications may include but not limited to zoning applications, plats, permits, and any other normal and customary requirements for property development from the City. 8. Title Company: To be jointly agreed upon by City and CSE. 9. Roll-Back Taxes: CSE understands that there are no Roll-Back taxes affecting the Property. All taxes, other than roll back taxes, which would be paid fully by CEDF or City at each closing, will be pro-rated to each closing date. 10. Notices: All notices to CSE shall be addressed to: CSE Commercial Real Estate; 4956 N. O’Connor Boulevard, Irving, Texas 75062 - Attention: Charles Cotten. 11. Costs and Expenses: City/CEDF shall pay the cost of the basic premium for the owner’s title policy (CSE shall pay for all endorsements and modifications). CSE shall pay the cost of the survey. All other costs and expenses shall be shared as is typical for a transaction of this nature in Dallas County, Texas. The amount to be paid by City/CEDF for the basic premium for owner’s title policy shall be capped at the amount City/CEDF would pay if all lots within the Property were sold at one time, with CSE paying any remaining amounts. This letter is not a contractual obligation. This Letter of Intent is expressly conditioned upon and subject to City, CEDF, and CSE entering into mutually satisfactory definitive agreements for the purchase of the Property by CSE from CEDF and by CEDF fro m City as described in the opening paragraph of this letter, and is not binding upon any of City, CSE, or CEDF in any way, except to the extent that it reflects the good faith intent to proceed to negotiate definitive written agreements with respect to the general terms and conditions herein contained. Unless and until such agreements are entered into, neither City, CSE, nor CEDF shall be under any obligation to any other party, regardless of this letter and regardless of any negotiations, agreements or understandings heretofore or hereinafter existing among the parties, it being understood that no contractual relationship shall exist between or among the parties unless and until the above-described agreements have been fully negotiated and signed by the applicable parties, and each party shall bear its own expenses incurred in connection with the transaction described herein. Notwithstanding the foregoing, in consideration of the time, effort and expense incurred and to be incurred by Purchaser, City agrees that for a period of 60 days following the execution of this letter of intent (the “No - Shop Period”), City will cease negotiations and not accept any other offers to purchase the Property from any other party and will negotiate exclusively with Purchaser for the sale of the Property. If the Purchase Agreement has not been executed prior to the end of the No- Shop Period, the agreement of City to negotiate exclusively with Purchaser shall terminate. If the foregoing accurately describes your present intention concerning the transaction, please sign the enclosed counterpart of this letter and return it to the undersigned whereupon CSE shall direct its attorneys to immediately begin preparation of a formal Purchase Agreement. Very truly yours, CSE Commercial Real Estate, LP By: Debco Partners, LLC, its general partner By: _____________________________ Charles Cotten Member CSE: ACCEPTED AND AGREED TO this ______ day of ____________, 2013. SELLER By: Clay Phillips City Manager CITY: ACCEPTED AND AGREED TO this _______ day of _______________, 2013. cc: Mindi Hurley Jeffrey Fink Exhibit “A” Site Plan Exhibit “B” Development Option – 2 story American Craftsman Estimated acreage 7.837 acres Estimated total lots 64+ lots Price per square foot $4.70 per allocable gross square foot* Estimated total price $1,604,486 Product (These are for concept and estimates only. Actual product may differ depending on final agreed development plan with the City) South Coppell Rd: 25’ width – 2 story Craftsman with 10 foot porches and zero lot line with 7’ side yards (same as on west side of S Coppell Rd) Approximately 28 lots Interior street facing east: 25’ width – 2 story Craftsman with 10 foot porches and zero lot line with 7’ side yards (same as on west side of S Coppell Rd) Approximately 25 lots Interior street backing on park: 50’ width – 2 story front entry American Classic with 10 foot porches and 5’ side yards Approximately 11 lots *Allocable gross square foot applicable to each lot is that lot’s prorated share of the gross square footage of the entire site. This amount represents the cash portion to be paid by CSE or assigns and not portion of purchase price consisting of any 380 Grant. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0961 File ID: Type: Status: 2013-0961 Agenda Item Passed 1Version: Reference: In Control: Finance 03/18/2013File Created: 03/26/2013Final Action: Budget AmendmentFile Name: Title: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2012-1318, the budget for the Fiscal Year October 1, 2012 through September 30, 2013, and authorizing the Mayor to sign. Notes: Agenda Date: 03/26/2013 Agenda Number: 14. Sponsors: Enactment Date: Agenda item memo Mar 26 2013.pdf, Budget Amendment March 26 2013.pdf Attachments: Enactment Number: 2013-1335 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0961 Title: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2012-1318, the budget for the Fiscal Year October 1, 2012 through September 30, 2013, and authorizing the Mayor to sign. Summary: Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0961) Executive Summary: The amendment is being brought forward to reflect encumbrance carryovers and items that have been brought before Council during the first part of the fiscal year. The accompanying memo provides the detail of the amendment. Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: March 26, 2013 Reference: Budget Amendment for Fiscal Year 2012-13 2030: Sustainable City Government Introduction: This budget amendment is being brought forward to reflect encumbrance carryovers and items that have been brought before Council during the first part of the fiscal year. Analysis: At this time the General Fund revenues are being amended $1,527,122. The main sources of the revenue increase are from franchise taxes, ($185,000), recreational fees ($205,000), ambulance services ($85,000), sales tax ($757,892), and sale of City Property ($142,873). General Fund expenditures are being increased $4,060,101. $1,918,375 is associated with encumbrance carryovers. Encumbrance carryovers are those items that were budgeted and purchased in the previous fiscal year, but were not received by year end. The amounts are then carried forward into the next fiscal year. In addition to the encumbrance carryover, Economic Development is being amended for a facade grant approved by Council on August 28, 2012. Facilities is being increased for the construction costs associated with 265 Parkway (remodel, generator, and card access system) approximately $410,000. The Police Department is being amended approximately $55,000 for radios and telephone system upgrades. These costs will be provided by designated fund balance, E911. Parks is being amended $1,610,500 for the contract for the construction of the Square at Old Town Coppell authorized by Council on January 22, 2013. 2 Water and Sewer Fund Revenues are not being amended for the Water and Sewer Fund at this time. Expenses are being amended in Utility Operations for encumbrance carryovers. Police Special Revenue Fund Revenues are being amended to reflect forfeitures that have been received. The expenditures are being amended for encumbrance carryovers and the costs associated with Police Officers Training hosted by the City. Park Special Revenue Fund Revenues are being amended for the actual park fees received, and expenditures are being amended for encumbrance carryovers. Tree Preservation Fund The revenues are being amended for the actual tree preservation fees received, and the expenditures are encumbrance carryovers. Infrastructure Maintenance Fund Expenditures are being amended for encumbrance carryovers. Self-Insurance Fund Expenditures are being amended for encumbrance carryovers. Municipal Drainage District Fund Expenditures are being amended for encumbrance carryovers. Donations – Special Revenue Expenditures are being amended for the recycling bins that have been placed in the common areas of City facilities. Recreational Fund Expenditures are being amended for encumbrance carryovers. Red Light Expenditures are being amended for encumbrance carryovers. 3 Juvenile Cash Manager This fund was established after the budget for fiscal year 2012 -13 had been proposed. The revenues are being amended to reflect anticipated collections. Municipal Court Special Revenue Expenditures are being amended for encumbrance carryovers. C.R.D.C. Special Revenue Expenditures are being amended for encumbrance carryovers ($231,093), and the installation of security cameras at the Aquatics Center. Municipal Court Tech Fund Expenditures are being amended for encumbrance carryovers. Coppell Economic Development Foundation The revenues and expenditures are associated with the land sales in Old Coppell. Municipal Court Judicial Efficiency Expenditures are being increased for the purchase of the video arraignment equipment. Rolling Oaks Fund Expenditures are being amended for encumbrance carryovers. Legal Review: Agenda item was reviewed by legal as part of the agenda packet. Fiscal Impact: Recommendation: The Finance Department recommends approval of this agenda item. General Fund Current Budget Amending Budget Change Revenues $49,467,662 $50,994,784 1,527,122$ Expenditures Combined Services 1,978,924 2,019,252 40,328 Mayor & Council 482,360 482,669 309 City Administration 1,062,906 1,066,030 3,124 Economic Development 245,781 334,591 88,810 Community Information 410,510 408,288 (2,222) City Secretary 249,815 250,618 803 Inspections 699,913 700,743 830 Engineering 1,086,747 1,191,254 104,507 Facilities 1,565,489 2,948,133 1,382,644 Streets 2,169,410 2,171,736 2,326 Environmental Health 315,559 316,035 476 Fleet 1,195,106 1,203,898 8,792 Traffic Control 1,267,128 1,297,231 30,103 Fire 9,461,202 9,521,361 60,159 Emergency Management 198,119 206,869 8,750 Finance 1,034,042 1,020,385 (13,657) Municipal Court 1,337,859 1,340,029 2,170 Planning 512,003 540,003 28,000 Library 1,852,378 1,857,990 5,612 ORDINANCE NO. ___ _ _______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 6th day of August, 2012, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 11th day of September, 2012, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2012-1318, for the 2012-13 Fiscal Year Budget, is hereby amended as follows: 2 General Fund Current Budget Amending Budget Change Police 6,862,788 6,920,304 57,516 Animal Services 450,163 461,178 11,015 Information Systems 1,841,061 2,296,986 455,925 Park & Rec. Admin.1,451,989 1,476,331 24,342 Parks 2,750,610 4,392,009 1,641,399 Senior Citizens 431,039 432,071 1,032 Recreation 2,259,201 2,356,650 97,449 Tennis Center/Athletic 392,654 410,716 18,062 Community Programs 215,819 217,316 1,497 Total Expenditures 4,060,101 Decrease in Designated Fund Balance (402,645) Net Expenditure Increase 3,657,456 2,130,334$ Water/Sewer Fund Current Budget Amending Budget Change Expenses Utility Operations 2,159,494 2,182,081 22,587 22,587$ Police Spec. Rev. Fund Current Budget Amending Budget Change Expenditures $246,222 $339,738 93,516 93,516$ Parks Special Revenue Current Budget Amending Budget Change Revenues 100 50,215 50,115 Expenditures 0 12,000 12,000 38,115$ Tree Preservation Fund Current Budget Amending Budget Change Revenues 200 291,900 291,700 Expenditures 125,000 129,348 4,348 287,352$ Infrastructure Maint. Fund Current Budget Amending Budget Change Expenditures 7,498,000 9,377,425 1,879,425 1,879,425$ Self-Insurance Fund Current Budget Amending Budget Change Expenditures 4,145,573 4,151,098 5,525 5,525$ Net Decrease in Undesignated Fund Balance Net Decrease in Projected Retained Earnings Net Increase in Projected Fund Balance Net Increase in Projected Fund Balance Net Decrease in Projected Fund Balance Net Decrease in Projected Fund Balance Net Decrease in Projected Retained Earnings 3 Municipal Drainage Dist.Current Budget Amending Budget Change Expenditures 230,381 270,961 40,580 40,580$ Donations-Special Rev.Current Budget Amending Budget Change Expenditures 12,500 30,000 17,500 17,500$ Recreational Fund Current Budget Amending Budget Change Expenditures 80,000 105,666 25,666 25,666$ Red Light Current Budget Amending Budget Change Expenditures 255,000 255,259 259 259$ Juvenile Cash Manager Current Budget Amending Budget Change Revenues 0 24,000 24,000 24,000$ Mun. Court Special Rev.Current Budget Amending Budget Change Expenditures 10,000 31,716 21,716 21,716$ CRDC Current Budget Amending Budget Change Expenditures 5,732,119 5,998,865 266,746 266,746$ CEDF Current Budget Amending Budget Change Revenues 0 126,958 126,958 Expenditures 0 126,958 126,958$ $ 0 Mun. Court Tech Fund Current Budget Amending Budget Change Expenditures 24,200 29,200 5,000 5,000$ Judicial Efficiency Current Budget Amending Budget Change Expenditures 0 36,500 36,500 36,500$ Rolling Oaks Current Budget Amending Budget Change Expenditures 398,070 405,717 7,647 7,647$ Net Decrease in Projected Fund Balance Net Decrease in Projected Fund Balance Net Decrease in Projected Fund Balance Net Increase in Projected Fund Balance Net Decrease in Projected Fund Balance Net Change Net Decrease in Projected Fund Balance Net Decrease in Projected Fund Balance Net Decrease in Projected Fund Balance Net Decrease in Projected Fund Balance Net Decrease in Projected Fund Balance 4 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of March 2013. APPROVED: ____________________________ KAREN SELBO HUNT, MAYOR ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0948 File ID: Type: Status: 2013-0948 Agenda Item Passed 1Version: Reference: In Control: Planning 03/11/2013File Created: 03/26/2013Final Action: ZC-624, Southwestern Industrial Addition, Lot 1File Name: Title: PUBLIC HEARING: Consider approval of Case No. ZC-624, Southwestern Industrial Addition, Lot 1, a zoning change request from C (Commercial) to LI (Light Industrial), to be consistent with the zoning on the abutting properties on 0.9 acres of property located at the northeast corner of Southwestern Boulevard and South Coppell Road (440 Southwestern Blvd.). Notes: Agenda Date: 03/26/2013 Agenda Number: 15. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Site Plan.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 03/26/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Billy Faught, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0948 Title PUBLIC HEARING: Consider approval of Case No. ZC-624, Southwestern Industrial Addition, Lot 1, a Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0948) zoning change request from C (Commercial) to LI (Light Industrial), to be consistent with the zoning on the abutting properties on 0.9 acres of property located at the northeast corner of Southwestern Boulevard and South Coppell Road (440 Southwestern Blvd.). Summary Staff Recommendation: On February 21, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: March 26, 2013 Reference: ZC-624, Southwestern Industrial Addition, Lot 1, a zoning change request from C (Commercial) to LI (Light Industrial) at 440 Southwestern Blvd. 2030: Business Prosperity Introduction: The purpose of this rezoning is make this property consistent with the zoning on the abutting properties located at the northeast corner of Southwestern Boulevard and South Coppell Road. Analysis: On February 21, 2013 Planning & Zoning Commission unanimously recommended approval of this rezoning request. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Staff Report with Site Plan ITEM #5 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: ZC-624, Southwestern Industrial Addition, Lot 1 P&Z HEARING DATE: February 21, 2013 C.C. HEARING DATE: March 26, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: 440 Southwestern Blvd. SIZE OF AREA: 0.9 acres of property CURRENT ZONING: C (Commercial) REQUEST: A zoning change to LI (Light Industrial), to be consistent with the zoning on the abutting properties. APPLICANT: Owner: Architect: Ajay Kadyan Greg Frnka 148 Bricknell Dr. 721 Dove Circle, Suite 101 Coppell, Texas 75019 Coppell, Texas 75019 262-573-5937 972-824-7966 ajay_kadyan@hotmail.com gfrnka@gpfarchitects.com HISTORY: This property was built in 1958 as a residence. It is currently being renovated for an office user. TRANSPORTATION: Southwestern Boulevard is currently designated on the Thoroughfare Plan as a four-lane undivided thoroughfare. It is built to standard within a 90- foot right-of-way. South Coppell Road is designated as a 2-lane undivided collector and is built to standard within 90-foot right-of-way. SURROUNDING LAND USE & ZONING: North – DART ROW; PD-108R8-H East – Office; Light Industrial West – Fire Administration Office; Light Industrial South – Vacant – Light Industrial COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, depicts this property as suitable for industrial special district. ITEM #5 Page 2 of 2 DISCUSSION: This property is currently zoned Commercial (C) which differs from the surrounding Light Industrial (LI) zoned properties. Adopted in March 2011, The Coppell 2030 Comprehensive Master Plan designated this lot as Industrial Special District. This is defined as an area that will provide for employment and light industrial activities typically dependent upon good transportation access to highways, rail lines, and/or airports. The acceptable uses outlined include medium to large scale office/warehousing, light manufacturing, wholesale storage and distribution, showrooms, research and development, technology centers, and ancillary retail, service and restaurant uses that serve the employees within the district. Although currently the building is being renovated by an investor to lease for office space, the owner simply wants to change the base zoning to be more compatible with the surrounding zoning for future potential land congregation and redevelopment. All and all, an LI district is more in-line with the Comprehensive Plan than the existing zoning is, and staff is supportive of the change. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the zoning change to Light Industrial, subject to the correct right-of-way boundaries of the property being shown on the plan. 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/Zoning Exhibit Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0931 File ID: Type: Status: 2013-0931 Agenda Item Passed 1Version: Reference: In Control: Planning 03/05/2013File Created: 06/11/2013Final Action: PD-133R5-SF-7, Magnolia North AdditionFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD -133-HC (Planned Development-133-Highway Commercial) to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S .H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District ” to “Urban Residential Neighborhood”. Notes: Agenda Date: 06/11/2013 Agenda Number: 10. Sponsors: Enactment Date: Cover Memo.pdf, Postpone Request Letter, Appeal Letter.pdf, Staff Report.pdf, PD-Conditions.pdf, Zoning Exhibit and Site Plan.pdf, Screening Wall and Fence Details.pdf, Landscape Plan (2 pages).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pass06/11/201305/14/2013City CouncilPostponed03/26/2013City Council Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0931) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Barry Knight, representing the applicant, requested the continuation of the Public Hearing until the May 14th meeting. Mayor Pro Tem Brancheau opened the Public Hearing and asked for the following to speak: 1) Daniel Satsky, 770 Black Forest Ct., Southlake, signed up in favor but chose to hold until May 14th. 2) Kevin Dunn, 1324 Coral, signed up in favor but chose to hold until May 14th. 3) Bobby Rollings, 3221 St. Georges, Plano, signed up in favor but chose to hold until May 14th. 4) Kyle Parnell, 142 Natches Trace West, spoke against the item. 5) Dr. John and Julie Hanson, 166 Natches Trace, spoke against the item. 6) Brian Thompson, 626 Madison St., spoke against the item. 7) Ruth Holder, 134 Natches Trace, spoke against the item. 8) Michael Herzog, 702 Madison, spoke against the item. 9) Mike McReynolds, 162 Natches Trace, spoke against the item. At 8:34 p.m., Mayor Pro Tem Brancheau called an Executive Session as permitted under Section 552.071, Consultation with City Attorney. The Executive Session was adjourned at 8:37 p.m. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to postpone the Agenda Item until May 14. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 Pass06/11/2013City CouncilPostponed05/14/2013City Council Mayor Hunt opened the Public Hearing. Presentation: Gary Sieb, Director of Planning, read the applicant's request to continue the hearing to June 11th. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Marvin Franklin, to continue this Public Hearing to the June 11th meeting. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for the following people who signed up to speak: 1) Bobby Rollings, 3221 St. Georges Dr., Plano, representing the applicant, made a presentation to Council. 2) Danny Cummings, Binkley & Barfield C&P Engineering, 1801 Gateway Blvd., conducted the traffic study. 3) Allen Gardiner, 5119 Oakhurst, Frisco, Appraiser, made a presentation to Council. 4) Steve Donosky, 4324 Amherst, Real Estate Investor, made a presentation to Council. 5) Kevin Dunn, 1324 Coral Dr., Real Estate Broker/Associate, made a presentation to Council. 6) Bryan Thompson, 626 Magnolia, spoke in opposition. 7) Ruth Holder, 134 Natches Trace, spoke in opposition. At 8:15 p.m., Mayor Hunt called for an Executive Session based on Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Hunt adjourned the Executive Session at 8:21 p.m. and reconvened into the Regular Session. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, to close the Public Hearing and approve this Agenda Item. The motion failed by an unanimous vote. Action Text: Page 2City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0931) Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Nay: Text of Legislative File 2013-0931 Title PUBLIC HEARING: Consider approval of Case No. PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD -133-HC (Planned Development-133-Highway Commercial) to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S .H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. Page 3City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD-133- Highway Commercial, to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S.H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. 2030: none (denial is recommended) Introduction: The applicant is requesting a rezoning and a revision to the Comprehensive Plan to allow the construction of 28 single family lots where retail/commercial was envisioned. Analysis: Over 20% of the property owners within the 200 foot notification area responded in opposition to this PD Request, and the Planning and Zoning Commission recommended denial, therefore a ¾ (6 out of 7) vote of City Council will be required to approve this request. The applicant, Tommy Cansler, TCCI Land Development, Inc., requested to postpone the public hearing on this request to the June 11, 2013, City Council meeting. On May 14, 2013, City Council opened and continued the public hearing to the June 11, 2013, meeting at the applicant’s request. On March 26, 2013, City Council opened and continued the public hearing to the May 14, 2013, meeting at the applicant’s request. On February 21, 2013, the Planning & Zoning Commission unanimously recommended DENIAL of this rezoning request. Legal Review: This item did not require City Attorney review 2 Fiscal Impact: None Recommendation: The Planning Department recommends Denial Attachments: Request to Table Letter, dated April 18, 2013 Appeal Letter, dated March 6, 2013 Staff Report with Site Plan, Landscape Plan and Screening Wall and Fence Details 1 TCCI LAND DEVELOPMENT INC. 3930 GLADE ROAD – SUITE 108-322 COLLEYVILLE, TEXAS 76034 April 18, 2013 City of Coppell 255 Parkway Coppell, Texas 75019 Att: Matt Steer Re: Preliminary Plat & Zoning Case PD –––– 133R5-SF-7 Magnolia North Addition Mr. Steer, Let this letter serve as my request to postpone the above referenced zoning and preliminary plat case, resechuling it to the June 11, 2013 City Council meeting. Should you have any question or need addition information from me, please contact me. Sincerely, Tommy N. Cansler Tommy N. Cansler TCCI Land Development Inc. Teel LAND DEVELOPMENT INC .. 3930 GLADe ROAD-SUITE 10&-322 COLLEYVillE, TEXAS 76034 MarCh 6, 2013 City of Coppell 255 Parkway CoppelJ, Texas 75019 AU; Matt Steer Re: Zo.nlngCasePD ~133ft5..SF..7 .Magnolia North Addition Mr. Steer. Let this letter serve as my request to appeat the decision of th~PJanningandZonlng for this case to the City Council schedulE,Kj for MarCh 26, 2013. ~hould you have any Question orrteed addition information from me. plea~contactme, Sincerely, Tommy N. Cansler TCCI Land Development Inc. ,3 1 ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-133R5-SF-7, Magnolia North Addition P&Z HEARING DATE: February 21, 2013 C.C. HEARING DATE: March 26, 2013 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: South side of S.H. 121, approximately 260 feet west of North Denton Tap Road SIZE OF AREA: 5.41 acres of property CURRENT ZONING: PD-133-HC (Planned Development-133-Highway Commercial) REQUEST: A zoning change to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. APPLICANT: TCCI Land Dev., Inc. OWNER: AMBE Hospitality Group Tommy N. Cansler Amit Patel 3930 Glade Road 2750 Hillview Drive Suite 108-322 Lewisville, TX. 75067 Colleyville, TX. 76034 (469) 688-8224 Email: 111tcci@att.net HISTORY: There has been no recent development activity on the subject tract, although a Planned Development (PD-133) was approved for residential and retail development in 1994. The residential portion (Magnolia Park) has been completed, and the first phase of the retail including the strip ITEM # 6 Page 2 of 3 center that faces Denton Tap and the bank at the corner of Denton Tap and 121 were constructed some time ago. TRANSPORTATION: Denton Tap Road is a P6D, six- lane divided thoroughfare in a 120-foot right- of-way. S. H. 121 is a freeway with one way access roads in 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North: S. H. 121; HC, Highway Commercial South: Magnolia Park residential development; PD-133R-SF-9 single family detached neighborhood East: bank building; PD-133R3-HC; planned development for commercial use West: Magnolia Park residential; PD-133R-SF-9 single family residences COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property being developed as “Freeway Special District” which suggests commercial/retail development. DISCUSSION: This request cannot be supported by staff as it runs counter to a number of sound planning principles. First, it ignores the land use outlined in the Comprehensive Plan which states Freeway Special District as the appropriate land use. Second, it attempts to increase density by providing a sub-standard right-of-way of 30 feet for a 28-lot residential subdivision. Although we were supportive of this reduction in two other developments submitted by this same developer, it should be remembered that those subdivisions were already zoned residential (and had been for several years), they were seven to eight lot projects, and were surrounded by residential development. Third, it does not respect the density of the surrounding residential community, being almost twice the existing density. Fourth, lot sizes are substandard, are 2/3rd the size of the adjacent community and call for reduced side, rear and front yard setbacks. Fifth, the presence of the S. H. 121 service road does not lend itself to residential development. Sixth, when the property to the east of this parcel was developed, an access road was stubbed into this property to accommodate anticipated compatible uses which were envisioned to be office, retail, commercial, as outlined in the Master Plan. Seven, the closest Magnolia Park residence to the west is 50 feet inside lots 1-11 and 28, making the proposed lots unbuildable if comparable setbacks from S. H. 121 are recognized. Finally, the presence of a one-way service road has not discouraged development of the same roadway on the north side of S. H. ITEM # 6 Page 3 of 3 121, nor to the east of this property. This is just the wrong use at the wrong location. Staff strongly recommends denial of this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this case for the numerous reasons stated above. It is the wrong land use, it is too dense, it has inadequate lot size, it does not provide enough buffer from S. H. 121, it does not recognize the existing access points from the east, it ignores the Comprehensive Master Plan. 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. Proposed PD Conditions 2. Zoning Exhibit and Site Plan 3. Landscape Plan (Sheets L-1 and L- 2) 4. Screening Wall and Fence Details Propose PD Conditions – Magnolia Park North Addition (2013-02-26) A 5.414 acre tract – Located on Highway 121 North bound service road, south of Denton Tap Present Zoning – Commercial Propose Zoning – PD–SF-7 Propose Use Regulations Any use permitted in SF-7 with the following modifications: Area Regulations Dwellings - All dwellings shall be detached. Front Yard – Minimum 15 feet *Side Yard - Minimum 5 feet Rear Yard - Minimum 15 feet Lot Area – Minimum 6,000 square feet Average Lot Area for Entire Site – Minimum 6,400 square feet *Minimum Lot Width – 60 feet Minimum Lot Depth – 100 feet Minimum Dwelling Size – 2,000 square feet, exclusive of garages, breezeways and porches. *Maximum Lot Coverage - 60 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. Maximum Height of Structure – 35 feet Parking/Driveway Regulations: Two enclosed parking spaces shall be provided behind the front yard setback line. Type of Exterior Construction: At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows, and the area above the top plate line. Tree Retribution: A tree removal permit shall be required prior to the removal of any trees. Homeowners Association: The homeowners association shall maintain all Common Lots and perimeter fences. Lots 1X - 3X and perimeter fences shall be maintained by the Homeowners Association. Homeowners Association documents shall be submitted, reviewed and approved to the City in accordance with the Code of Ordinances. Subdivision Regulation: Property shall be platted in accordance with the Subdivision Ordinance, except as amended herein. The property shall be developed and used in accordance with the SF-7 development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Zoning Exhibit/Site Plan, Landscaping Plan / Tree Survey, and Wall Details. Lots 12 - 28 will have no alley access. Garage to be 22 foot set back Street is public, build as shown in the detail on preliminary engineering plans. LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE CLARINDA SQUIRES SURVEY, ABST. NO. 1327, CITY OF COPPELL, DALLAS, COUNTY, TEXAS AND BEING A PORTION OF A CALLED 10.1739 ACREA TRACT OF LAND DESCRIBED IN A DEED TO SCI DENTON TAP, LTD. OF RECORD IN VOL. 99106, PG. 7729, DEED RECORDS, DALLAS, COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN “X” SET FOR CORNER IN THE SOUTHWEST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 121 (VARIABLE WIDTH R.O.W.) AT THE MOST NORTHERN CORNER OF SAID 10.1739 ACREA TRACT; THENCE S 64d57'59" E, ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO. 121, A DISTANCE OF 957.65 FEET TO A ½” IRON ROD FOR CORNER AT THE MOST NORTHERN CORNER OF LOT 1, BLOCK A, OF THE COMMUNITY CREDIT UNION ADDITION, AN ADDITION TO THE CITY OF COPPELL, ACCORDING TO THE PLAT THEREOF RECORDED IN RECORD IN VOL. 2002160, PG. 21, DEED RECORDS, DALLAS, COUNTY, TEXAS; THENCE S 25d02'01" W, ALONG THE NORTHWEST LINE OF SAID LOT 1, BLOCK A, A DISTANCE OF 250.00 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE MOST WESTERN CORNER THEREOF IN THE NORTHEAST LINE OF A 15 FOOT ALLEY RIGHT-OF-WAY AS SHOWN ON FINAL PLAT OF MAGNOLIA PARK, AN ADDITION TO THE CITY OF COPPELL, DALLAS, COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOL. 98145, PG. 506, DEED RECORDS OF SAID COUNTY, FROM WHICH A ½” IRON ROD FOUND FOR CORNER REFERENCE BEARS N 64d57’59” W, A DISTANCE OF 6.75 FEET; THENCE N 64d57'59" W, ALONG THE NORTHEAST LINE OF SAID ALLEY R.O.W. A DISTANCE OF 882.97 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 68d10’55”, AND A CHORD WHICH BEARS N 30d52’31” W, A DISTANCE OF 44.68 FEET; THENCE, IN A NORTHWESTERLY DIRECTION ALONG SAID CURVING R.O.W., AN ARC DISTANCE OF 47.60 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE END OF SAID CURVE AND THE BEGINNING OF A COMPUND CURVE TO THE RIGHT HAVNG A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 21d49’20” AND A CHORD WHICH BEARS N 14d07’21” E, A DISTANCE OF 200.64 FEET; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE, AN ARC DISTANCE OF 201.86 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE END OF SAID CURVE; THENCE N 25d02’01” E, ALONG A BOUNDARY LINE OF SAID MAGNOLIA PARK A DISTANCE OF 27.85 FEET TO THE POINT BEGINNING AND CONTAINING 5.414 ACRES OF COMPUTED LAND. Cal. SpeciesCanopy NCanopy SCanopy ECanopy WCrown Class% Live CrownConditionPreserve RemoveTHERE ARE NO EXISTING TREES ON THIS SITETREE SURVEYTOTAL CALIPER INCHES 0TOTAL POOR QUALITY CALIPER INCHES 0TOTAL HEALTHY CALIPER INCHES 0TOTAL HEALTHY/PROTECTED CALIPER INCHES 0TOTAL PROTECTED CALIPER INCHES REMOVED 0TOTAL PROTECTED CALIPER INCHES PRESERVED 0PERCENTAGE PROTECTED TREES PRESERVED 0%PRESERVATION CREDIT (36 X 65%) 0REQUIRED MITIGATION (36-23) 0TREE REPLACEMENT CREDITS (9@4" CALIPER) 0NET CALIPER INCHES TO MITIGATE0 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0938 File ID: Type: Status: 2013-0938 Agenda Item Passed 1Version: Reference: In Control: Planning 03/07/2013File Created: 03/26/2013Final Action: PD-255R-SF, WesthavenFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-255R-SF, Westhaven, a zoning change request from PD-255-SF (Planned Development 255-Single Family) to PD-255R-SF (Planned Development 255-Revised-Single Family), to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on 11 lots containing 1.6 acres of property located south of S .H. 121, approximately 2,460 feet west of Magnolia Park. Notes: Agenda Date: 03/26/2013 Agenda Number: 17. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Site Plan.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 03/26/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve the Agenda Item to reduce the rear yard setback from 45 feet from SH 121 ROW on 11 lots. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0938 Title Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0938) PUBLIC HEARING: Consider approval of Case No. PD-255R-SF, Westhaven, a zoning change request from PD-255-SF (Planned Development 255-Single Family) to PD-255R-SF (Planned Development 255-Revised-Single Family), to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on 11 lots containing 1.6 acres of property located south of S .H. 121, approximately 2,460 feet west of Magnolia Park. Summary Staff Recommendation: On February 21, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: March 26, 2013 Reference: PD-255R-SF, Westhaven, to amend the PD to reduce the rear yard setback on 11 lots from 50 feet from SH 121 R.O.W. to 45 feet. . 2030: Sense of Community & Special Place to Live Introduction: The applicant is requesting this reduced setback to accommodate the housing product planned for these 11 lots. Given the buffering that will be provided with the proposed screening wall, berm and landscaping and the results of the Noise Study, this request is supported. Analysis: On February 21, 2013 Planning & Zoning Commission unanimously recommended approval of this rezoning request. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Staff Report with Site Plan ITEM # 8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-255R-SF Westhaven P&Z HEARING DATE: February 21, 2013 C.C. HEARING DATE: March 26, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: South of S.H. 121, approximately 2,460 feet west of Magnolia Park SIZE OF AREA: 1.6 acres of property CURRENT ZONING: PD-255-SF (Planned Development 255-Single Family) REQUEST: A zoning change to PD-255R-SF (Planned Development 255-Revised- Single Family) to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet, on Lots 1-11, Block J. APPLICANT: Owner: Applicant: Standard Pacific Homes Mark Harris 909 Lake Carolyn Parkway #940 Kimley-Horn and Associates Irving, Texas 75034 5750 Genesis Court, Suite 200 972-590-2400 Frisco, Texas 75034 972-335-3580 mark.harris@kimley-horn.com HISTORY: The subject property was zoned Light Industrial in 1983. In 2003, the designation on the Comprehensive Land Use Plan was changed from Light Industrial/Showroom Uses to Freeway Commercial. As part of the Council’s action, this property was also rezoned from Light Industrial to Highway Commercial. On July 10, 2012 Council approved a Planned Development District and a Preliminary Plat to permit 297 single family homes, and 37 common area lots to be in accordance with the 2030 Coppell 2030, A Comprehensive Master Plan, which designates this property as suitable for Urban Residential Neighborhood. On February 12, 2013 City Council approved the Final Plat for Phase 1 of this development which consists of 143 residential lots and 26 common area lots. ITEM # 8 Page 2 of 3 TRANSPORTATION: State Highway 121 is a Freeway (Principal Arterial) built to standard, within a variable right-of-way. SURROUNDING LAND USE & ZONING: North- S.H. 121 South - PD-255-SF – Westhaven East - PD-255-SF – Westhaven West - PD-255-SF – Westhaven COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this property as suitable for Urban Residential Neighborhood, which is defined as areas to provide “for a wide variety of higher density residential uses (typically greater than four dwelling units per acre) that serve the needs of residents seeking alternatives to low and medium density single-family detached housing”. DISCUSSION: This request is to amend the Detail Site Plan to reduce the 50-foot setback for those lots abutting SH 121 R.O.W. (Lots 1 through 11, Block J) to 45 feet. The applicant is requesting that this setback be reduced to accommodate the product planned for these lots. The approved Final Plat designates these eleven lots to be 6,350 square feet (50’ x 127’). The typical rear yard setback for this lot size is 20 feet. The additional setback for these lots was originally included to provide additional noise buffer between the proposed homes and the freeway traffic. A Detail Noise Study was performed during the rezoning process and the PD was revised to provide an 8’ tall screening wall centered on a 4’ tall, 36’wide berm with overstory trees planted 40 feet on-center. With this physical buffer in place, the study concluded that the indoor noise would below Housing and Urban Development’s (HUD’s) goal for residential interior environment and the exterior noise would be in compliance with Texas Department of Transportation (TxDot) residential Noise Abatement Criteria (NAC). Staff can support this rear yard reduction on these lots given that this does not impact any other property owners, the amount of buffering being offered, and that the freeway is existing when the home is purchased, so the buyer will be aware of its impact. ITEM # 8 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-255R-SF to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on Lots 1 through 11, Block J. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Exhibit SERVICE ROAD (VAR IAB LE W ID TH R .O .W . )CALLED 2.743 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.STATE HIGHW A Y 1 2 1 (VARIABLE WI D T H R . O .W . )DENTON COUNTYDALLAS COUNTYCALLED 10.393 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.0030'60'GRAPHIC SCALE 30'ORIGINAL 50'S.H. 121 SETBACKPROPOSED 45'S.H. 121 SETBACKPLOTTED BY MOLGE, MIKE 2/11/2013 11:50 AMDWG NAME K:\FRI_CIVIL\64447702\DWG\PHASE 1\EXHIBITS\20130118_BLOCK J SETBACK ADJUSTMENT EXHIBIT.DWG [24 x 36]LAST SAVED 2/11/2013 11:49 AM Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034Tel: (972) 335-3580Fax: (972) 335-3779Contact: Mark Harris, P.E.ENGINEER/PLANNER:DRAWNMRMCHECKEDMEHSCALEAS SHOWNDATEJAN 2013KHA PROJECT NO.64447702OWNER & DEVELOPER:Standard Pacific Homes909 Lake Carolyn Parkway, Suite 1700Irving, TX 75039Tel: (972) 590-2400Fax: (972) 590-2430Contact: Chip BoydS.H. 121 ROWLOT LINEBUILDING SETBACKFME - FENCE MAINTENANCE EASEMENTLEGENDVICINITY MAPNOT TO SCALESITELEGAL DESCRIPTIONBEING a tract of land situated in the Peter Harmonson Survey, Abstract No. 1794 (Dallas County), Abstract No.604 (Denton County), City of Coppell, Dallas County and Denton County, Texas, and being a portion of Tract II,called 50.789 acres, conveyed to Standard Pacific of Texas, Inc., as evidenced in a Special Warranty Deed,recorded in Instrument No. 201200244645 of the Official Public Records of Dallas County, Texas, and beingmore particularly described by metes and bounds as follows:COMMENCING at an aluminum right-of-way monument found for the southwest corner of a called 2.743 acretract of land, conveyed to the State of Texas as evidenced in an Agreed Judgment, recorded in Instrument No.97-R0089415 of the Official Records of Denton County, Texas, being at the intersection of the east line of acalled 1.47 acre tract of land conveyed to Gia G. Rish McLean, as evidenced in an Affidavit of Heirship of DentonGlenroy Rish, recorded in Volume 96067, Page 5566 of the Deed Records of Dallas County, Texas with thesoutheast right of way line of State Highway No. 121 and State Highway No. 121 Bypass, variable widthright-of-ways, and also being a northwesterly corner of said Tract II;THENCE North 44°23'08” East, along the northwest line of said Tract II, the Southeast line of said 2.743 acretract, and the southeast right-of-way line of said State Highway No. 121 and State Highway No. 121 Bypass, adistance of 431.44 feet to a point, from which an aluminum right-of-way monument found bears North 44°23'08”East, a distance of 88.79 feet;THENCE, departing said northwest line, said southeast line, and said southeast right-of-way line, over andacross said Tract II, the following courses and distances:South 38°21'36” East, a distance of 18.15 feet to thePOINT OF BEGINNING;North 44°23'08" East, a distance of 48.40 feet to a point for corner;North 51°38'24" East, a distance of 393.80 feet to a point for corner;North 55°43'59" East, a distance of 117.29 feet to a point for corner;South 34°16'01" East, a distance of 127.00 feet to a point for corner;South 55°43'59" West, a distance of 101.14 feet to the beginning of a tangent curve to the left;Southwesterly, along said tangent curve to the left through a central angle of 04°05'35", a radius of 325.00feet, a chord bearing of South 53°41'12" West, a chord distance of 23.21 feet, and an arc length of 23.22feet to a point at the end of said curve;South 51°38'24" West, a distance of 321.75 feet to the beginning of a tangent curve to the left;Southwesterly, along said tangent curve to the left through a central angle of 21°18'51", a radius of 225.00feet, a chord bearing of South 40°58'59" West, a chord distance of 83.22 feet, and an arc length of 83.70feet to a point at the end of said curve;South 63°41'35" West, a distance of 16.45 feet to the beginning of a non-tangent curve to the right;Northwesterly, along said non-tangent curve to the right through a central angle of 00°34'37", a radius of883.00 feet, a chord bearing of North 81°03'12" West, a chord distance of 8.89 feet, and an arc length of8.89 feet to a point at the end of said curve;North 38°21'36" West, a distance of 126.31 feet to thePOINT OF BEGINNINGand containing 1.629 acres(70,970 square feet) of land, more or less. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0940 File ID: Type: Status: 2013-0940 Agenda Item Passed 1Version: Reference: In Control: Planning 03/07/2013File Created: 03/26/2013Final Action: TA ARTICLE 30 - Section 12-30-16(3)File Name: Title: PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 30 - “S OR SUP”, SPECIAL USE PERMITS, Section 12-30-16(3), New restaurant in a lease space/building with an existing Special Use Permit for a restaurant, to eliminate the requirement for Administrative Approval of an SUP for a new restaurant occupant. Notes: Agenda Date: 03/26/2013 Agenda Number: 18. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report with redlined Ordinance.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 03/26/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Billy Faught, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0940 Title PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 30 - “S OR SUP”, SPECIAL USE Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0940) PERMITS, Section 12-30-16(3), New restaurant in a lease space/building with an existing Special Use Permit for a restaurant, to eliminate the requirement for Administrative Approval of an SUP for a new restaurant occupant. Summary Staff Recommendation: On February 21, 2013, the Planning Commission unanimously recommended approval of this TEXT AMENDMENT (6-0). Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: March 26, 2013 Reference: Text amendment to Article 30 – SUP, SPECIAL USE PERMITS, Section 12-30- 16(3). to eliminate the requirement for Administrative Approval of an SUP for when a new restaurant occupies lease space which was formally occupied by a restaurant. 2030: Sense of Community & Business Prosperity Introduction: As part of the review of the existing ordinances, it was discovered that when a new restaurant intended to occupy a lease space which was formally used as a restaurant, which already had an SUP they were required a separate permitting process through the Planning Department. This text amendment would allow new restaurants to locate in a lease space which has previously been used as a restaurant, without a separate application and fee to the Planning Department; however they will still be required to submit all required applications and fees to assure compliance with all sign, building and health codes. Analysis: On February 21, 2013 Planning & Zoning Commission unanimously recommended approval of this text amendment. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Staff Report ITEM # 9 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT A Text Amendment to amend the Code of Ordinances Article 30, Section 12-30-16(3) “S or SUP” Special Use Permits P&Z HEARING DATE: February 21, 2013 C.C. HEARING DATE: March 26, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning PURPOSE: To eliminate the requirement for Administrative Approval for an SUP for a new restaurant in a lease space which was previously occupied by a restaurant. HISTORY: Originally, all restaurants required Special Use Permits upon initial opening, when the ownership changed, when they expanded and/or when a new restaurant occupied the same lease space as a previous restaurant. In 2007, a text amendment was approved which deleted the requirement for Special Use Permits for new restaurants, unless adjacent to a residential zoning district and/or if it had drive-through facilities. That text amendment also allowed an Administrative Approval of the new restaurant in an existing lease space and/or an expansion of existing restaurants, subject to certain conditions, including submission of an application with attachments and a $250.00 fee. DISCUSSION: While the ordinance as amended in 2007 made the process easier for new restaurants locating in buildings with no residential adjacency or drive through facilities, it had the unintended consequence of adding an expense and approval process, albeit administrative, when there was already a SUP on the property. As written, when a new restaurant intended to occupy a lease space which was formally used as a restaurant, which already had an SUP, they were required to submit an application, with site, floor, and sign plan and a $250 fee to the Planning Department for administrative approval. In other words, being an onerous process. ITEM # 9 Page 2 of 2 The purpose of this text amendment is to allow new restaurants to locate in a lease space which has previously been used as a restaurant, without a separate application and fee to the Planning Department, however they will still be required to submit all required applications and fees to assure compliance with all sign, building and health codes. The text amendment is proposed to read as follows: ARTICLE 30. “S OR SUP”, SPECIAL USE PERMITS, Sec. 12-30-16 ….. (3) New restaurant in a lease space/building with an existing Special Use Permit for a restaurant. In the event that another restaurant occupies the same building/lease space and a new or revised special use permit is not required; although all building permit conditions must be in compliance. subject to the following process: (i) Submission of an application accompanied by the appropriate fee for administrative site plan approval, the revised floor plan, sign plan, hours of operation and/or other pertinent information to the planning department for review. (ii) That applicant is in compliance with all other applicable code of ordinance requirements or special conditions of the special use permit for such premise. (iii) The director will update the special use permit file to reflect the new restaurant. (iv) The director will issue a letter of approval, approval with conditions or denial. In the event of a denial, or conditions that are contested by the applicant, a public hearing process will be required with payment of appropriate fee. (v) Once the new restaurant occupies the building, the building official, or his designee, shall provide the planning department an official copy of the certificate of occupancy. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this text amendment which eliminates the SUP for a new restaurant in a lease space which was previously occupied by a restaurant. 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 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0945 File ID: Type: Status: 2013-0945 Agenda Item Passed 1Version: Reference: In Control: Planning 03/08/2013File Created: 03/26/2013Final Action: TA ARTICLE 27 - Section 12File Name: Title: PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 27 - “PD” PLANNED DEVELOPMENT DISTRICT, Section 12, to revise various provisions, including granting the Director of Planning approval authority to approve Detail Plans, after DRC review, if compliance with the Concept Plan. Notes: Agenda Date: 03/26/2013 Agenda Number: 19. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report with Redlined Ordinance.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 03/26/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0945 Title PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 27 - “PD” PLANNED DEVELOPMENT DISTRICT, Section 12, to revise various provisions, including granting the Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0945) Director of Planning approval authority to approve Detail Plans, after DRC review, if compliance with the Concept Plan. Summary Staff Recommendation: On February 21, 2013, the Planning Commission unanimously recommended approval of this TEXT AMENDMENT (6-0). Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: March 26, 2013 Reference: Text amendment to ARTICLE 27 - “PD” PLANNED DEVELOPMENT DISTRICT, Section 12, to revise various provisions, including granting the Director of Planning approval authority to approve Detail Plans, after DRC review, if in compliance with the Concept Plan. 2030: Business Prosperity Introduction: Similar to what was recently approved for the Old Town (Main Street) Planned Developm ent District (PD), the purpose of this text amendment is to allow the administrative approval of a Detail Site Plan, when in accordance with the provisions and regulations as approved in the Conceptual Planned Development District. This is part of the initiative to streamline the development process which, if approved, will reduce the review and approval time from 60 days to approximately 21 days. Analysis: On February 21, 2013 Planning & Zoning Commission unanimously recommended approval of this text amendment, with the request to provide a definition of the DAC (Development Assistance Committee) in the Ordinance. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Staff Report and redlined ordinance. Item #10 Page 1 of 10 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT A Text Amendment to amend the Code of Ordinances Article 27, Section 12 “PD Planned Development District” P&Z HEARING DATE: February 21, 2013 C.C. HEARING DATE: March 26, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning PURPOSE: The purpose of this text amendment is to allow the Administrative Approval of Detail Site Plans, when in accordance with the provisions and regulations as approved in the Conceptual Planned Development District. Other minor revisions/clarifications to this section are also included and discussed below. HISTORY: On February 12, 1991 Council approved major revisions to the Zoning Ordinance which is basically the code which is in effect today. The PD regulations were amended in 2000 to authorize the Board of Adjustment to grant variances in residential PD’s relating to the placement of fences. Currently, deviations from written PD conditions and/or approved site plans, landscape plans and elevations are required to be approved through the same process as when established which requires P&Z and Council approval. Some minor variances qualify for administrative approval by the Planning Director. DISCUSSION: Similar to what was recently approved for the Old Town (Main Street) Planned Development District (PD), the purpose of this text amendment is to allow the administrative approval of a Detail Site Plan, when in accordance with the provisions and regulations as approved in the Conceptual Planned Development District. Item #10 Page 2 of 10 The establishment of a Conceptual Planned District is a rezoning event, being established through two notified Public Hearings one by the Planning and Zoning Commission and one by Council. Property owners and the general public are notified of a proposed rezoning via a mailed written notice, sign on the property, notice in the newspaper as well as posted on the city’s website. Conceptual Planned Development Districts outline what is anticipated for the development of the property and are specified in written conditions including proposed uses, area regulations (setbacks/building sizes), parking regulations, and as illustrated on various exhibits, including concept site plans and elevations, designs for landscaping/screening, etc. Under this scenario, a Detail Site Plan submittal (including site plan, landscape plan, tree survey and mitigation plan, elevations and signage) will be reviewed by the Development Review Committee (DRC) for compliance with the Concept Plan as well as other applicable ordinances. The DRC which consists of representatives from each city development departments (Building Inspections, Engineering, Fire, Parks and Planning) will provide written comments and recommendations. After the DRC determines the compliance with all applicable regulations and ordinances, the Planning Director will have the authority to sign-off on the proposal. If the proposal is not in conformance with the Conceptual PD, then the applicant will have two options: (1) to revise the Detail Site Plan to conform with the Conceptual PD, or (2) to revise the Conceptual PD. If the second option is pursued, it will require the same public hearing process as originally established the PD. A Conceptual Planned Development is not required for all developments. The applicant has the option to submit a Detail Planned Development District Plan instead of a Conceptual Plan with an initial submittal. Other amendments to this section include the establishment of a Development Assistance Committee (DAC) which is essentially a pre-pre development meeting to provide technical assistance to an applicant in the early stage of their due diligence. This DAC is open to all development proposals, irrespective of whether a rezoning is required or not. There are also some house-keeping items such as deletion of specific residential standards and retail that are no longer applicable and/or specified in other sections of the Zoning Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of these text amendments which provide for Administrative Approval of a Detail Planned Development Site Plans, when in accordance with the regulations as approved in the Conceptual Planned Development District, and other minor revisions/clarifications to this section. Item #10 Page 3 of 10 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 Item #10 Page 4 of 10 Article 27, Section 12 “PD Planned Development District” Sec. 12-27-0. - General purpose and description. The planned development district "PD" prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations, and to permit growth flexibility in the use and design of land and buildings in situations where modification of special provisions of this chapter is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility. Sec. 12-27-1. - Permitted uses. Any non-residential use shall be permitted if such use is specified in the chapter granting a planned development district. The size, location, appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this chapter. In a single-family detached residential planned development, a minimum of 65 percent of the property shall meet or exceed SF-7 development standards. The 35 percent of the property that may deviate from SF-7 development standards shall be identified on the plat along with details of the deviations. These standards shall include minimum setbacks, coverage, height, density, F.A.R., and any other development guidelines deemed appropriate by the planning and zoning commission and city council. The remaining 35 percent of the property shall abide by the following minimum development guidelines: Front yard setback - 20′ Rear yard setback - 20′ Side yard setback - 5′ Maximum coverage - 55 percent Maximum height - 35′ The board of adjustment shall have no authority in PD zoning districts to grant variances, except it shall have jurisdiction in a residential PD zoning district to grant variances relative to the placement of fences. Pre-application conference. Prior to the filing of a planned development application, the applicant shall is encouraged to consult with the development review committee Development Item #10 Page 5 of 10 Assistance Committee (DAC) to discuss concerns relating to the ultimate land use of the proposed development, the suitability of the location of the proposed development, the arrangement of streets, alley and lots, and the layout of utility lines, among other items. The Development Assistance Committee provides technical assistance early in the due diligence process. Depending on the type of project, the following departments will be represented: Planning, Engineering, Building Inspection, Fire Administration and Environmental Health. Conditional approval as A determination if the proposed land uses are in accordance with the Comprehensive Plan to the general land use of the proposed planned development must be obtained from the will be made by the Pplanning Ddirector or designee prior to the submittal of a planned development application. Development requirements: 1. Development requirements for each separate PD district shall be set forth in the Ordinance granting the PD district and may include, but not be limited to; uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management home owner/property owner associations, and other requirements as the city council and planning and zoning commission may deem appropriate. 2. The Ordinance granting a PD district may include a statement as to the purpose and intent of the PD granted therein and specify if it is a Conceptual or a Detail Planned Development District. 3. In establishing a planned development district in accordance with this section, the city council shall approve and file as part of the amending Ordinance appropriate plans and standards for each planned development district. During the review and public hearing process, the planning and zoning commission and city council shall require a Conceptual Plan and/or a Detail Site Plan. 2.4.If a Conceptual PD, then the Ordinance granting the PD shall also define the approval process for Detail Plans. 3.5.The planned development district shall conform to all other sections of this chapter unless specifically excluded in the granting ordinance. 4.6.All applications shall state all requested deviations from the standard requirements set forth throughout this chapter and must be indicated in written form and on the face of the zoning exhibit. Sec. 12-27-2. - Conceptual plan. In establishing a planned development district in accordance with this section, the city council shall approve and file as part of the amending Ordinance appropriate plans and standards Item #10 Page 6 of 10 for each planned development district. During the review and public hearing process, the planning and zoning commission and city council shall require a conceptual plan and a detail site plan. 1. Conceptual plan - This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed planned development district in a graphic manner and as may be required supported by written documentation of proposals and standards for development. (A) A conceptual plan for residential land use shall show general use, thoroughfares and preliminary lot arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas and other pertinent development data. (B) A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the planning and zoning commission or city council, may include but is not limited to the types of use(s), topography and boundary of PD area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final detail site plan. Once the concept plan has been approved by the Pplanning and Zzoning Ccommission and the Ccity Ccouncil, a detail site plan must shall be approved by the planning and zoning commission and the city council in the manner specified in the Ordinance prior to the issuance of a building permit. (C) Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site or does not significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the Pplanning Ddirector or designee. Item #10 Page 7 of 10 2. Detail site plan - This plan shall set forth the final plans for development of the planned development district and shall conform to the data presented and approved on the conceptual plan, if submitted. Approval of the detail site plan shall be the basis for issuance of a building permit. The detail site plan may be submitted for the total area of the PD or for any section or part as approved on the conceptual plan. 1) A detail site plan may be approved by the Director of Planning after DRC review, if in compliance with the Concept Plan. 2) In the event the Planning Director determines that the Detail Plan is not in accordance with the Concept Plan, the applicant shall: (1) revise the Detail Site Plan to conform with the Conceptual Planned Development District, or (2) revise the Conceptual Planned Development District. Revisions to the Conceptual Planned Development District shall require the same public hearing process as originally established the PD. 2.3.A public hearing for the detail site plan shall be required only if specifically stated at the time of conceptual plan approval in the original amending ordinance or if the developer elects not to submit a concept plan. A public hearing for the detail site plan shall be required. if no concept plan is submitted, or if the Detail Plan is not in accordance with the approved concept plan. The detail site plan shall include: (A) A site inventory analysis including a scale drawing showing existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood prone plain areas. (B) A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, [street widening and street changes; the points of ingress and egress from existing streets]; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five feet. Item #10 Page 8 of 10 (C) A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between buildings and property lines, street lines and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking. (D) A Tree Survey and Mitigation Plan as specified in Article 34-2, as amended. (D)(E) A landscape plan showing screening walls, ornamental planting, wooded areas and trees to be planted. The landscaping plan shall conform to the minimum standards established in Aarticle 34 and in the approved Coppell Streetscape Plan. (E)(F) An architectural plan showing elevations and signage style to be used throughout the development in all districts except residential. (F)(G) Any or all of the required information may be incorporated on a single drawing if one drawing is clear and can be evaluated by the director of planning. 3. All detail site plans shall have supplemental data describing standards, schedules or other data pertinent to the development of the planned development district which is to be included in the text of the amending Ordinance. Procedure for establishing a planned development district shall follow the procedure for zoning amendments as set forth in article 44. This procedure is further expanded as follows for approval of conceptual and detail site plans. (A) Public hearings shall be held by the planning and zoning commission and city council for the approval of the conceptual plan. (B) The Ordinance establishing the planned development district shall not be approved until the conceptual or detail site plan is approved. 1) The detail site plan may be approved in sections. When the plan is approved in sections, the separate approvals by the planning and zoning commission and city council for the initial and subsequent sections will may be required. 2) A detail site plan shall be submitted for approval within six months from the approval of the conceptual plan. If the detail site plan is not submitted within six months, the concept plan is subject to re- approval by the planning and zoning commission and city council. Failure to submit the detail site plan within a six month period shall be cause for the planning and zoning commission to call a public hearing to determine proper zoning for the property. Detail site plan review Item #10 Page 9 of 10 The purpose of the site plan review is to ensure, prior to issuance of building permits, that all city requirements have been or will be met, including compliance with zoning, subdivision, landscape, streetscape and building regulations. No building permit shall be issued on any tract of land unless a detail site plan is approved by the Director of Planning, the Planning and Zoning Commission and/or City Council as appropriate is first submitted for review by the planning and zoning commission and approved by the city council. No certificate of occupancy shall be issued unless all construction and development conform to the approved detail site plan. as approved by the city council. Any major revision to an approved detail site plan must be approved by the city council, however, minor revisions may be permitted upon approval by the Ddirector of Pplanning or his designee. The Ddirector of Pplanning shall make the determination as to whether a revision is a minor or major revision. A site plan shall indicate building elevations, location of separate buildings, and the minimum distance between buildings. Site plans shall also include property lines, streets and alleys, together with a parking plan and a landscape plan showing the arrangement and provision for off-street parking, and the layout of planting materials. An architectural rendering of proposed buildings shall be submitted with the detail site plan. All detail site plans shall be filed with the planning department and reviewed by the development review committee before going to the planning and zoning commission and city council. An approved site plan shall be the final plan for development, and construction shall conform to approved plan. A detail site plan may be submitted for the total area zoned or any portion thereof. Retail shopping centers In the case of retail shopping centers, if an approved zoning concept plan has been approved by the planning and zoning commission and the city council, or if the retail shopping center is an existing structure prior to application of a special use permit, a plan indicating the foot print of the shopping center may be submitted in lieu of major plans. Sec. 12-27-3. - PD consideration. When a PD is being considered, a written report from the city manager or his designee discussing the conformance with the Comprehensive Plan impact on planning, engineering, water various utilities, electric, sanitation, building inspection, tax, police, fire, and traffic, and written comments from the applicable public school district, and from private utilities may be Item #10 Page 10 of 10 submitted to the Pplanning and zZoning Ccommission prior to the commission making any recommendations to the council. In the event written comments are not forthcoming in a reasonable amount of time, the commission may at its discretion make a recommendation to the council. Sec. 12-27-4. - Approval of PD districts. All planned development districts approved in accordance with provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the zoning districts map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in the planning office. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0947 File ID: Type: Status: 2013-0947 Agenda Item Passed 1Version: Reference: In Control: Planning 03/08/2013File Created: 03/26/2013Final Action: TA ARTICLE 39 - Section 12-39-2File Name: Title: PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 39 - BUILDING SITE CREATION AND SITE PLAN REVIEW, Section 12-39-2, Review of site plans, to allow the Planning & Zoning Commission to be the final authority on site plans. Notes: Agenda Date: 03/26/2013 Agenda Number: 20. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report with redlined Ordinance.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 03/26/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Pro Tem Brancheau opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. At this time, Council took a recess at 9:13 p.m. and reconvened back into Regular Session at 9:18 p.m. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0947 Title Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0947) PUBLIC HEARING: Consider approval of a text amendment to ARTICLE 39 - BUILDING SITE CREATION AND SITE PLAN REVIEW, Section 12-39-2, Review of site plans, to allow the Planning & Zoning Commission to be the final authority on site plans. Summary Staff Recommendation: On February 21, 2013, the Planning Commission unanimously recommended approval of this TEXT AMENDMENT (6-0). Commissioners Goodale, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. 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Sieb, Dire h 26, 2013 Amendment N REVIEW, the final auth ainable City text amendm when site pla is part of t e the review 13 Planning t. quire City At tment recom lined ordinan MEM Council ector of Plan t to ARTICL Section 12- hority on sit Governmen ment is to al ans are subm the initiative w and approv & Zoning C ttorney revie mmends Appr nce. 1 MORANDU nning LE 39 - BU -39-2, to all e plans. nt low the Plan mitted which e to streaml val time from Commission ew roval UM UILDING SI low the Plan nning and Z h are compl line the dev m 60 days to unanimousl ITE CREAT nning & Zon Zoning Comm liant with al velopment p approximate ly recomme TION AND ning Commi mission to b ll existing zo process whic ely 30 days. nded approv SITE ission be the oning ch, if val of Item #11 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT A Text Amendment to amend the Code of Ordinances Article 39, Section 12-39-2 BUILDING SITE CREATION & SITE PLAN REVIEW P&Z HEARING DATE: February 21, 2013 C.C. HEARING DATE: March 26, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning PURPOSE: The purpose of this text amendment is to allow the Planning and Zoning Commission to be the approval authority when site plans are submitted which are compliant with all existing zoning regulations. HISTORY: On June 12, 1997, Council approved a text amendment to the Zoning Ordinance which established a Site Plan Approval process. As detailed below, this section of the Zoning Ordinance requires that all sites be platted (creation of a building site) and that upon recommendation of the Planning and Zoning Commission, Council would approve all site plans prior to the issuance of a building permit. The stated purpose of this requirement was “to promote safe, efficient and harmonious use of land, vehicular and pedestrian circulation, parking and loading, lighting, screening, landscaping, and other aspects of site development which contribute to the general welfare” DISCUSSION: The purpose of this text amendment is to grant the Planning and Zoning Commission the approval authority for site plans, when the plan is accordance with all regulations of the underlying Zoning District. Currently, site plan approval is a 60 day process, which includes submission of a site plan, landscape plan, tree survey and elevations. This site plan package is reviewed by the Development Review Committee (DRC) and technical comments are provided to the applicant. The site plan package is revised to comply with Zoning Regulations and submitted to Planning and Zoning Commission for recommendation. Any outstanding conditions are addressed and the site plan is forwarded to Item #11 Page 2 of 4 council, generally within 30 days. This is not a public hearing process, due to that fact that no rezoning is involved. The revised process will still include and application and fee, submission of site plan, landscape plan, tree survey, elevations, and preliminary engineering. Technical review will be performed by the Development Review Committee, and the site plan package, compliant with all applicable ordinances will be forwarded to the Planning and Zoning Commission for approval. In the event that the site plan is not compliant with all aspects of the Zoning and Subdivision Ordinances, then the site plan will need to be denied, and appropriate zoning or a variance request to the Board of Adjustment will be required. Generally, Minor Plat or a Replat is a companion request with a site plan approval. State law allows Minor Plats to be administratively approved by the Director of Planning if they meet the following criteria: involves 4 or fewer lots; fronts on a dedicated street; does not require the creation of any new street; and does not require the extension of municipal facilities. However, public hearings are required for replats. If this revised site plan approval process is approved, then the next step will be to review the Subdivision Ordinance to allow the Planning Director and/or Planning and Zoning Commission to be the final authority for plats, as provided in the Local Government Code (state law). RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this text amendment to allow the Planning and Zoning Commission to be the approval authority when site plans are submitted which are compliant with all existing zoning regulations. 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 Item #11 Page 3 of 4 ARTICLE 39. - BUILDING SITE CREATION AND SITE PLAN REVIEW 1. Purpose. The intent of the site plan review and approval procedure is to promote safe, efficient and harmonious use of land, vehicular and pedestrian circulation, parking and loading, lighting, screening, landscaping, and other aspects of site development which contribute to the general welfare. 2. Applicability. A site plan shall be submitted to the planning and zoning commission for its recommendation approval and to city council for approval prior to issuance of a building permit for any of the following types of construction: (A) Any townhouse project or multi-family residential development. (B) Any park or subdivision for manufactured homes or recreational vehicles. (C) Any non-residential project. (D) Any construction requiring a special use permit. 3. Site plan components. A site plan shall be accurate, legible, drawn to scale with dimensions, and shall show: (A) Location map, distance to the nearest cross street, north arrow, scale, and title block. (B) Boundaries of the property. (C) Location and size of existing buildings, and location, size, materials list, and architectural elevations of proposed buildings. (D) Proposed occupancy. (E) Parking layout and driveways. (F) Means of ingress and egress. (G) Loading areas (H) Fire lanes. (I) Landscaping and plant list. (J) Screening. (K) Public and private sidewalks. (L) Refuse facilities and manner of screening. (M) Lighting facilities, security lighting, screening and glare shades. (N) Adjoining streets and alleys, including curbs, medians and storm drains. (O) Drainage, electric, telephone, gas, cable television and other utility easements. (P) Zoning districts on and adjacent to the property. (Q) Computations of building area for each occupancy, site area and parking and landscaping ratios. (R) Existing and proposed water lines, sanitary sewer lines, and storm drainage. (S)(R) Sign locations, descriptions and elevations. Item #11 Page 4 of 4 (T)(S) Topography with a contour interval of two feet or less, and minimum finished floor elevations, both referenced to mean sea level datum. (U)(T) Location on the property of existing trees six inches in caliper or larger with the species and trunk diameters indicated Tree Survey and Mitigation Plan, in compliance with Article 12-34-2-1 of the Code of Ordinances as amended, as applicable. (U) Other information which the planning and zoning commission or city council considers essential, including building elevations and samples of exterior color selections. (V) Preliminary Engineering, on a separate exhibit which includes existing and proposed water lines, sanitary sewer lines, and storm drainage. (V) 4. Expiration. Site plan approval shall be valid for two years following the most recent date of city council approval. 5. Compliance with approved site plan. Within a development subject to site plan review under the terms of this section, the building official shall not issue a building permit after the expiration date of the approved site plan, shall issue a building permit only for construction which complies with all the provisions and conditions of the most recent approved site plan which city council approved, and shall not issue a certificate of occupancy until all provisions and conditions of the approved site plan have been met. 6. Amendment. The director of planning is authorized, at any time prior to the expiration of site plan approval, to approve minor amendments of an approved site plan to correct distances and dimensions; to adjust building configuration and placement; to realign driveways and parking layout; to adjust open space, landscaping and screening; and to change utility and service locations; provided that no such minor amendments shall substantially change the original plan. Proposed amendments which the director of planning is not authorized to approve, or has disapproved, shall follow the same procedure as the original submission. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0957 File ID: Type: Status: 2013-0957 Agenda Item Passed 1Version: Reference: In Control: Parks and Recreation 03/18/2013File Created: 03/26/2013Final Action: ABE Erosion Phase 1File Name: Title: Consider approval of bid No. Q-0213-01, from JDK Associates, Inc., in the amount of $1,285,202.60, for erosion control improvements for Andrew Brown Park East and Alex Drive Canal, and authorizing the CRDC President and City Manager to sign the necessary documents Notes: Agenda Date: 03/26/2013 Agenda Number: 21. Sponsors: Enactment Date: Memo.pdf, Award Recommendation Letter.pdf, Bid Tab.pdf, Map.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Presentation: Guy McLain, Assistant Director of Parks and Recreation, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0957 Title Consider approval of bid No. Q-0213-01, from JDK Associates, Inc., in the amount of $1,285,202.60, for erosion control improvements for Andrew Brown Park East and Alex Drive Canal, and authorizing the CRDC President and City Manager to sign the necessary documents Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0957) Summary See attached memo. Fiscal Impact: The funds needed for this item are available in the Coppell Recreation Development Corporation fund from the ½ cent sales tax collections and the Drainage CIP fund. Staff Recommendation: Approval is recommended. Goal Icon: Sustainable City Government Community Wellness and Enrichment Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Parks and Recreation Director Date: March 26, 2013 Reference: Consider approval of bid No. Q-0213-01, from JDK Associates, Inc., in the amount of $1,285,202.60, for erosion control improvements for Andrew Brown Park East and Alex Drive Canal, and authorizing the CRDC President and City Manager to sign the necessary documents 2030: Community Wellness and Enrichment: Multi-Use Trail System Connecting the City Sustainable City Government: Excellent and Well-Maintained City Infrastructure and Facilities Introduction: The Parks and Recreation Department retained the engineering firm of Teague Nall and Perkins, Inc., to perform a feasibility analysis on erosion control and drainage improvement options at various locations in Andrew Brown Park Central, and Andrew Brown Park East in 2008. The steady loss of earth along the lake edges from rising, and then receding rain water, and the wind driven wave action on the shoreline, have resulted in an eventual threat to the existing concrete trail system that surrounds the lakes. The concern for this potential deferred infrastructure maintenance issue prompted the Coppell Recreation Development Corporation to place this project as the number one priority on the 2010, 2011, 2012 and 2013 CRDC Development Priorities list. This is the first of what is anticipated to be a three phase project. This phase consists of improvements to the Finger-Lake at Andrew Brown Park East, which extends 650 feet north from Parkway Blvd. to the Central Activity Lake and the Central Activity Lake itself. Also included are repairs to the east wall at the Alex Drive Canal, which is a continuation of the Finger-Lake, to the south of Parkway Blvd. Only the east side of this canal is under the city’s jurisdiction. The future second phase of work includes the design and construction documents related to addressing the problems at the pond at the east end of Moore Road Park, which is also experiencing 2 extensive erosion and undermining of the concrete spillway and trail system. This portion is currently under design. The third phase of improvements will come as a result of future projects that may occur at Andrew Brown with the potential redevelopment of the park. The canals and lake edge will receive a combination of treatments to address the continuing erosion. The majority of the lake and all of the canals will receive a manufactured stone edge treatment that will become a vertical wall, supported by a concrete base. The western perimeter of the central lake will be graded and reinforced with soil stabilization as a more temporary solution to the erosion problem. The reason for this is because this portion of the lake will have changes made if the park redevelopment project becomes a reality at some point in the future. A permanent solution to this portion of lake edge will be included in the redevelopment project. Included in this request is the award of an early completion incentive bonus, which will be released only if the contractor reaches substantial completion by a predetermined time frame. Specifically, the work is to be completed at Andrew Brown Park prior to July 1, 2013, with an incentive of $2,000.00 per calendar day for each day completion is reached prior to July 1, 2013. The maximum attainable incentive will be $40,000.00. The resulting contract will also include liquidated damages in the amount of $2,000.00 per day that substantial completion remains incomplete past July 1, 2013. Analysis: The edges of these waterways are continuing to worsen because of the erosive effects of moving water. The soil will continue to “glacier” off, increasing the size of the lake and encroach on the park infrastructure if action is not taken quickly to stop this erosion. Legal Review: Agenda item did not require legal review, however, the contract resulting from this award will be produced by our legal department. Fiscal Impact: The fiscal impact of this Agenda item is $1,285,202.60. It is anticipated that the CRDC will pay for $928,684.49 for Andrew Brown Park, and Engineering Funds will pay the remainder for Alex Drive Canal. Recommendation: The Parks and Recreation and Engineering Departments recommend approval of this item Fort Worth1100 Macon StreetFort Worth, Texas 76102817.336.5773 Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177 Sherman200 North Travis Street, Suite 500Sherman, Texas 75090903.870.1089 Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00 engineers surveyors landscape architects www.tnpinc.com March 1, 2013 Mr. John Elias Park Operations Manager City of Coppell 816 S. Coppell Rd. Coppell, TX 75019 RE: EROSION CONTROL IMPROVEMENTS FOR ANDY BROWN PARK EAST AND ALEX DRIVE CANAL (TNP No. CPL11185/CPL11248) Dear John, On Thursday, February 21, 2013 bids were received at 10:00 AM for the above referenced project. A total of five formal bids were received, then opened and initially read as follows: Contractor/Bidder Total Amount Bid JDK Associates, Inc. $ 1,221,782.13 Ark Contracting Services, LLC $ 1,417,923.00 DCI Contracting, Inc. $ 1,498,130.00 HQS Construction, LLC $ 1,709,305.00 Northstar Construction, Inc. $ 1,911,213.00 In the process of examining and checking the bids, the following errors were found in the bid extensions and/or totals for Quality Excavation, LTD. and AUI Contractors, Inc.: JDK Associates, Inc. – 1. Item No. 28 showed an incorrect total. Per the Instructions to Bidders Item 19.2, the total was corrected in favor of the unit price. This correction increased the Total Amount Bid by $23,390.32. 2. Item No. 33 had “Fifty Thousand Eighty,” for the unit cost written in words, and “$15,080” written in numerals. In accordance with NCTCOG Item 102.4, the lower of the two has been used, as it is in favor of the owner. 3. Several bid items, including; 6, 8-14, 16-17, 25-27, 36-37, 39, 42, and 44 had minor multiplication errors ranging from $0.02 to $32.20. After correcting all items the total bid amount increased by $20.67. With these corrections the adjusted bid tabulation results in the following official bid totals: Contractor/Bidder Total Amount Bid JDK Associates, Inc. $ 1,245,202.60 Ark Contracting Services, LLC $ 1,417,923.00 DCI Contracting, Inc. $ 1,498,130.00 HQS Construction, LLC $ 1,709,305.00 Northstar Construction, Inc. $ 1,911,213.00 At your request, we have evaluated the low bid and found it to be complete and responsive. Therefore, based on our prior experience with this contractor, and the responses we received from their references, as well as our discussions with them regarding their (a) understanding of the project scope; (b) proposed approach for the execution and completion of the work; and (c) apparent availability of adequate resources to complete the project with the conditions outlined in the contract/bid documents, we are of the opinion the award of contract should be to JDK Associates, Inc. for the total amount bid of $1,245,202.60. A detailed bid tabulation is attached for your review. If you have any questions or require any additional information, please do not hesitate to call me at 817-336-5773. Sincerely, tnp teague nall & perkins Kyle Dykes, P.E., CFM Attachment Cc: Mr. Keith Marvin, P.E. – City of Coppell BID TABULATION REPORT TEAGUE NALL AND PERKINS, INC.CLIENT:CITY OF COPPELL CONSULTING ENGINEERS DESCRIPTION:EROSION CONTROL IMPROVEMENTS FOR ANDY BROWN PARK EAST AND ALEX DRIVE CANAL TNP JOB NO: CPL 11185 & CPL11248 ENGINEER'S ESTIMATE: $ 1,542,000 BID DATE: FEBRUARY 21, 2013 BID TIME: 10:00 AM ITEM NO.DESCRIPTION OF ITEMS QTY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT A1 1 Mobilization 1 LS $27,632.80 $27,632.80 $38,000.00 $38,000.00 $31,000.00 $31,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 2 Furnish & Install Project Sign 1 EA $650.00 $650.00 $500.00 $500.00 $400.00 $400.00 $1,000.00 $1,000.00 $400.00 $400.00 3 Dewatering and Pumping 1 LS $11,960.00 $11,960.00 $15,000.00 $15,000.00 $127,000.00 $127,000.00 $40,000.00 $40,000.00 $52,000.00 $52,000.00 4 General Site Preparation 1 LS $3,900.00 $3,900.00 $15,000.00 $15,000.00 $39,000.00 $39,000.00 $30,000.00 $30,000.00 $175,000.00 $175,000.00 5 Remove & Dispose Ex. Concrete Trail Pavement 2,810 SF $3.25 $9,132.50 $3.00 $8,430.00 $1.00 $2,810.00 $2.00 $5,620.00 $1.00 $2,810.00 6 Unclassified Channel Excavation 3500 CY $18.27 $63,945.00 $13.00 $45,500.00 $13.00 $45,500.00 $18.00 $63,000.00 $24.00 $84,000.00 7 Construct 6" Reinforced Concrete Trail ( 10-foot Wide)2,500 SF $5.20 $13,000.00 $5.00 $12,500.00 $4.00 $10,000.00 $5.00 $12,500.00 $5.70 $14,250.00 8 Construct 6" Reinforced Concrete Rip-Rap 175 SY $112.91 $19,759.25 $48.00 $8,400.00 $67.00 $11,725.00 $85.00 $14,875.00 $110.00 $19,250.00 9 Construct Concrete Segmental Retaining Wall 17,050 FF $26.44 $450,802.00 $37.00 $630,850.00 $32.00 $545,600.00 $39.00 $664,950.00 $32.50 $554,125.00 10 Furnish and Install Rock Rip-Rap 20 CY $179.04 $3,580.80 $100.00 $2,000.00 $83.00 $1,660.00 $150.00 $3,000.00 $158.00 $3,160.00 11 Furnish and Install large Rock Rip-Rap 62 CY $131.87 $8,175.94 $90.00 $5,580.00 $100.00 $6,200.00 $225.00 $13,950.00 $152.00 $9,424.00 12 Furnish and Install Geoweb Slope Protection 1,044 SY $34.15 $35,652.60 $16.00 $16,704.00 $40.00 $41,760.00 $40.00 $41,760.00 $36.00 $37,584.00 13 Construct Reinforced Concrete Toe Wall (4-Foot Tall)60 LF $140.83 $8,449.80 $80.00 $4,800.00 $75.00 $4,500.00 $150.00 $9,000.00 $95.00 $5,700.00 14 Replace Pedestrian Bridge Decking (10' Wide)40 LF $173.88 $6,955.20 $90.00 $3,600.00 $74.00 $2,960.00 $120.00 $4,800.00 $120.00 $4,800.00 15 Furnish and Install Safety Rail Fence (for Wall)370 LF $44.85 $16,594.50 $38.00 $14,060.00 $35.00 $12,950.00 $140.00 $51,800.00 $56.00 $20,720.00 16 Furnish and Install Safety Rail Fence (for Fishing Pier)144 LF $51.72 $7,447.68 $36.00 $5,184.00 $34.00 $4,896.00 $125.00 $18,000.00 $40.00 $5,760.00 17 Furnish and Replace Fishing Pier Pontoon 6 EA $541.67 $3,250.02 $1,500.00 $9,000.00 $600.00 $3,600.00 $5,615.00 $33,690.00 $600.00 $3,600.00 18 Furnish, and Install 18" Reinforced Concrete Pipe 26 LF $87.80 $2,282.80 $100.00 $2,600.00 $80.00 $2,080.00 $100.00 $2,600.00 $100.00 $2,600.00 19 Furnish, Install, Maintain and Remove Erosion Control Devices 1 LS $6,826.95 $6,826.95 $6,000.00 $6,000.00 $17,000.00 $17,000.00 $7,000.00 $7,000.00 $8,000.00 $8,000.00 20 Restore Disturbed Areas 12,500 SY $6.11 $76,375.00 $3.00 $37,500.00 $2.00 $25,000.00 $2.50 $31,250.00 $2.80 $35,000.00 UNIT A1 TOTAL BID PRICE (Items 1 - 20)$776,372.84 $881,208.00 $935,641.00 $1,088,795.00 $1,078,183.00 UNIT A1 TOTAL TANGIBLE PERSONAL PROPERTY $279,552.00 $350,000.00 $514,602.00 $598,837.25 $380,000.00 BIDDERS JDK Associates Ark Contracting Services DCI Contracting, Inc.HQS Construction, LLC Northstar Construction BID TABULATION REPORT TEAGUE NALL AND PERKINS, INC.CLIENT:CITY OF COPPELL CONSULTING ENGINEERS DESCRIPTION:EROSION CONTROL IMPROVEMENTS FOR ANDY BROWN PARK EAST AND ALEX DRIVE CANAL TNP JOB NO: CPL 11185 & CPL11248 ENGINEER'S ESTIMATE: $ 1,542,000 BID DATE: FEBRUARY 21, 2013 BID TIME: 10:00 AM ITEM NO.DESCRIPTION OF ITEMS QTY UNIT UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL BIDDERS JDK Associates Ark Contracting Services DCI Contracting, Inc.HQS Construction, LLC Northstar Construction UNIT A2 21 Mobilization 1 LS $9,295.00 $9,295.00 $12,000.00 $12,000.00 $12,300.00 $12,300.00 $13,700.00 $13,700.00 $12,000.00 $12,000.00 22 Furnish & Install Project Sign 1 EA $650.00 $650.00 $500.00 $500.00 $400.00 $400.00 $1,000.00 $1,000.00 $400.00 $400.00 23 Dewatering and Pumping Canal 1 LS $9,880.00 $9,880.00 $12,000.00 $12,000.00 $31,000.00 $31,000.00 $27,000.00 $27,000.00 $20,000.00 $20,000.00 24 General Site Preparation 1 LS $17,465.50 $17,465.50 $14,000.00 $14,000.00 $14,000.00 $14,000.00 $15,000.00 $15,000.00 $80,000.00 $80,000.00 25 Unclassified Channel Excavation 1,140 CY $18.25 $20,805.00 $22.00 $25,080.00 $13.00 $14,820.00 $22.00 $25,080.00 $25.00 $28,500.00 26 Construct Concrete Segmental Retaining Wall 4,740 FF $24.54 $116,319.60 $38.00 $180,120.00 $32.00 $151,680.00 $39.00 $184,860.00 $32.75 $155,235.00 27 Furnish and Install large Rock Rip-Rap 50 CY $155.71 $7,785.50 $100.00 $5,000.00 $99.00 $4,950.00 $225.00 $11,250.00 $160.00 $8,000.00 28 Construct Reinforced Concrete Toe Wall (4-Foot Tall)60 LF $433.33 $25,999.80 $80.00 $4,800.00 $60.00 $3,600.00 $150.00 $9,000.00 $95.00 $5,700.00 29 Furnish, Install, Maintain and Remove Erosion Control Devices 1 LS $4,202.90 $4,202.90 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $4,000.00 $4,000.00 30 Restore Disturbed Areas 2,000 SY $6.11 $12,220.00 $3.00 $6,000.00 $3.00 $6,000.00 $2.50 $5,000.00 $2.80 $5,600.00 UNIT A2 TOTAL BID PRICE (Items 21 - 30)$224,623.30 $264,500.00 $243,750.00 $295,390.00 $319,435.00 UNIT A2 TOTAL TANGIBLE PERSONAL PROPERTY $69,461.00 $90,000.00 $120,000.00 $162,464.50 $96,000.00 UNIT B 31 Mobilization 1 LS $16,445.00 $16,445.00 $13,000.00 $13,000.00 $14,000.00 $14,000.00 $14,500.00 $14,500.00 $16,000.00 $16,000.00 32 Furnish & Install Project Sign 1 EA $650.00 $650.00 $500.00 $500.00 $400.00 $400.00 $1,000.00 $1,000.00 $400.00 $400.00 33 Dewatering and Pumping Canal 1 LS $15,080.00 $15,080.00 $12,000.00 $12,000.00 $68,000.00 $68,000.00 $27,000.00 $27,000.00 $23,300.00 $23,300.00 34 General Site Preparation 1 LS $12,935.00 $12,935.00 $10,000.00 $10,000.00 $41,000.00 $41,000.00 $35,000.00 $35,000.00 $250,000.00 $250,000.00 35 Unclassified Channel Excavation 1,150 CY $22.75 $26,162.50 $20.00 $23,000.00 $13.00 $14,950.00 $22.00 $25,300.00 $28.00 $32,200.00 36 Construct 6" Reinforced Concrete Rip-Rap 11 SY $263.43 $2,897.73 $145.00 $1,595.00 $90.00 $990.00 $85.00 $935.00 $175.00 $1,925.00 37 Construct Concrete Segmental Retaining Wall 5,160 FF $28.88 $149,020.80 $38.00 $196,080.00 $32.00 $165,120.00 $39.00 $201,240.00 $33.00 $170,280.00 38 Furnish and Install Rock Rip-Rap 25 CY $95.16 $2,379.00 $100.00 $2,500.00 $83.00 $2,075.00 $150.00 $3,750.00 $167.00 $4,175.00 39 Geoweb Slope Protection 53 SY $34.15 $1,809.95 $30.00 $1,590.00 $38.00 $2,014.00 $40.00 $2,120.00 $50.00 $2,650.00 40 4' Tall Ameristar Welded Steel Fence (at gate)4 LF $16.25 $65.00 $60.00 $240.00 $50.00 $200.00 $500.00 $2,000.00 $60.00 $240.00 41 10' Double Gate - Ameristar Welded Steel 1 EA $1,365.00 $1,365.00 $1,500.00 $1,500.00 $1,100.00 $1,100.00 $3,000.00 $3,000.00 $1,300.00 $1,300.00 42 21" Reinforced Concrete Pipe 8 LF $163.31 $1,306.48 $120.00 $960.00 $80.00 $640.00 $175.00 $1,400.00 $125.00 $1,000.00 43 Furnish, Install, Maintain and Remove Erosion Control Devices 1 LS $3,380.00 $3,380.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 $4,000.00 $4,000.00 44 Restore Disturbed Areas 1,750 LS $6.12 $10,710.00 $3.00 $5,250.00 $3.00 $5,250.00 $2.50 $4,375.00 $3.50 $6,125.00 UNIT B TOTAL BID PRICE (Items 31 - 44)$244,206.46 $272,215.00 $318,739.00 $325,120.00 $513,595.00 UNIT B TOTAL TANGIBLE PERSONAL PROPERTY $89,325.00 $110,000.00 $145,000.00 $178,816.00 $145,000.00 TOTAL - ALL BID ITEMS $1,245,202.60 $1,417,923.00 $1,498,130.00 $1,709,305.00 $1,911,213.00 TANGILE PERSONAL PROPERTY COST CALENDAR DAYS 150 160 140 165 200 Approved by: ________________________________________________ Erosion Control Improvements Andy Brown Park East City of Coppell Project MA10-09 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \MA10-09 Created on: 13 March 2013 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 300 300 150 Erosion Control Improvements Andy Brown Park East City of Coppell Project MA10-09 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \MA10-09 Created on: 13 March 2013 by Scott Latta AREA OF PROPOSED EROSION CONTROL IMPROVEMENTS 2/2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0951 File ID: Type: Status: 2013-0951 Agenda Item Passed 1Version: Reference: In Control: Engineering 03/15/2013File Created: 03/26/2013Final Action: No Parking Ordinance Enclaves CourtFile Name: Title: Consider approval of an Ordinance by amending Section 8-3-1(A) of the Code of Ordinances; making it unlawful to stop, stand, or park a vehicle on the east side of Enclaves Court at all times from its point of intersection with Parkway Boulevard to a point 110 feet south; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and authorizing the Mayor to sign and execute any necessary documents. Notes: Agenda Date: 03/26/2013 Agenda Number: 22. Sponsors: Enactment Date: No Parking Ordinance Enclaves Court Memo.pdf, No Parking Ordinance Enclaves Court HOA Request.pdf, No Parking Ordinance Enclaves Court Exhibit.pdf, No Parking Ordinance Enclaves Court Ordinance.pdf Attachments: Enactment Number: 2013-1336 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0951 Title Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0951) Consider approval of an Ordinance by amending Section 8-3-1(A) of the Code of Ordinances; making it unlawful to stop, stand, or park a vehicle on the east side of Enclaves Court at all times from its point of intersection with Parkway Boulevard to a point 110 feet south; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and authorizing the Mayor to sign and execute any necessary documents. Summary This Ordinance establishes no parking along the east side of Enclaves Court beginning from its point of intersection with Parkway Blvd. to a point 110 feet south. Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Engineering Department recommends approval of this Ordinance amendment. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/16/2016 To: From: Date: Reference 2030: Introduct This agend the Enclav (HOA). Analysis: When cars Blvd., acc cul-de-sac discussed/ Legal Rev This agend Fiscal Imp The cost to Recomme The Engin Mayor Ken Gr March e: No park Sustain Excelle ion: da item is be ves Court as s park on b cess is inhib , this is th approved by view: da item was pact: o install one endation: neering Depa and City Co riffin, P.E., D 26, 2013 king on a po nable City Go ent and Well eing presente s requested oth (east an ited to the n he only in y the HOA m reviewed by (1) no parki artment recom MEM ouncil Director of E ortion of Enc overnment, G -maintained ed for approv by the “Enc nd west) sid neighborhoo ngress/egress members. y Bob Hager ing sign is ap mmends the 1 MORANDU Engineering claves Court Goal 3 d City Infrast val to establ claves On T des of Encla od, especiall s for the n r on 3/8/2013 pproximately e approval of UM and Public W tructure and lish a no park The Parkway aves Ct. at t ly for emerg neighborhoo 3. y $110. f the no park Works Facilities king ordinan y” Home Ow the intersect gency respon od. This king ordinan nce for a por wners Asso tion with Pa nse vehicles request has ce. rtion of ciation arkway s. As a s been 1 George Marshall From:Bob Hill <bobhill1000@gmail.com> Sent:Wednesday, February 20, 2013 3:34 PM To:George Marshall Subject:"No Parking" Request - Enclaves Court Follow Up Flag:Flag for follow up Flag Status:Flagged Hello George, I am Bob Hill, president of the "Enclaves On The Parkway" Home Owners Association (HOA). Request: The HOA requests that the east curb of Enclaves Court, that boarders house number 288, be designated by the City Of Coppell as a "No Parking" area. For clarity, this curb area extends from the stop sign to the fire hydrant. Rational: When cars park on both (east and west) sides of the street at the entrance of Enclaves Parkway, and this inhibits access to the neighborhood especially for emergency responder vehicles. As a culdesac, this is the only ingress/egress for the neighborhood. This request has been discussed/approved by the HOA members, and is also agreed to individually by Zhiqing Wang, the owner of 288 Enclaves Court (972-215-8318). Please let me know what communication you need from Enclaves HOA, and next steps. Thank you, Bob Hill President - Enclaves On The Parkway HOA 214-458-4740 bobhill1000@gmail.com BELT LINE RDS.H. 121S.H. 121DENTON TAP RDFREEPO R T PKWYSA N DY LA K E R D P A RKWAY BLVD MACART H UR BLVDCO PPELL RDROYAL LNBEL T L IN E RDBETHEL RD Created in ArcGIS 10.0 Created: March 2013by Kevin RubalcabaW:\GIS\Projects\Exhibit Location Maps\Exhibit Location Map Proposed No ParkingEnclaves on the Park way AREA REFERENCEBY MAP 0 0.5 1Miles 1 in ch = 1 miles ± P A R K W A Y B L V D E N C L AVES CRT Created in ArcGIS 10.0 Created: March 2013by Kevin RubalcabaW:\GIS\Projects\Exhibit Location Maps\Enclaves - No Parking600 Proposed No ParkingEnclaves on the Park way No Stopping, Standing,or Parking Proposed No Parking 288 Enclaves Ct Parcel02550Feet 1 in ch = 50 feet ± 288 Enclaves CtZhiqing Wang KYLE DR C H E S T N U T L N P A R K W A Y B L V D ALEX DRKAILEY WAYENCLA V E S CRTCreated in ArcGIS 10.0 Created: March 2013by Kevin RubalcabaW:\GIS\Projects\Exhibit Location Maps\Enclaves - No Parking1200 Proposed No ParkingEnclaves on the Park way No Stopping, Standing,or Parking Proposed No Parking 288 Enclaves Ct Parcel050100Feet 1 in ch = 100 feet ± 288 Enclaves Ct TM 59750 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8- 3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE ON THE EAST SIDE OF ENCLAVES COURT AT ALL TIMES FROM ITS POINT OF INTERSECTION WITH PARKWAY BOULEVARD TO A POINT 110 FEET SOUTH; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zone on Enclaves Court to read as follows: “Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A. No parking on specific streets. It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following street: . . . . . ENCLAVES COURT on the east side, at all times, from its intersection with Parkway Blvd. to a point southward for a distance of 110 feet; . . . . . SECTION 2. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. 2 SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR 3 ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0952 File ID: Type: Status: 2013-0952 Agenda Item Passed 1Version: Reference: In Control: Engineering 03/15/2013File Created: 03/26/2013Final Action: Contract award Mockingbird LaneFile Name: Title: Consider approval of a contract with RKM Utilities for the reconstruction of Mockingbird Lane as part of the ¼ cent sales tax initiative in the amount of $987,155.00, with an additional incentive bonus of $60,000.00, for a total award of $1,047,155.00, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Notes: Agenda Date: 03/26/2013 Agenda Number: 23. Sponsors: Enactment Date: Contract award Mockingbird Lane memo.pdf, Contract award Mockingbird Lane Recommendation.pdf, Contract award Mockingbird Lane Bid Tab.pdf, Contract Award Mockingbird Lane Exhibit.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Presentation: Keith Marvin, Engineer, made a presentation to Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0952 Title Consider approval of a contract with RKM Utilities for the reconstruction of Mockingbird Lane as part of the ¼ cent sales tax initiative in the amount of $987,155.00, with an Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0952) additional incentive bonus of $60,000.00, for a total award of $1,047,155.00, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Summary This contract award will allow for the reconstruction of Mockingbird Lane between Bethel School and Oriole as identified through the analysis of all the streets within the City of Coppell. Fiscal Impact: The funds for this item are available in the Infrastructure Maintenance Fund from the ¼ cent street sales tax collections. Staff Recommendation: The Engineering Department recommends approval of this contract. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/16/2016 To: From: Date: Reference 2030: Introduct This agend amount of amount, w the terms o Analysis: In order t authorized streets. Th Bethel Sch Council a improvem Over the p coordinate On March for the re $1,092,295 were weig second bid weighted a Both bidd projects w Services, Mayor Ken Gr March e: Recons Sustain Excelle ion: da item is be f $987,155.0 we are reque of the contra to provide d the use of hrough an a hool and Or authorized a ents. past nine mon e this constru h 14th the Cit econstruction 5.00. The m ghted and us dder bid 150 adjustment; t ders are wel within the city Inc. was th and City Co riffin, P.E., D 26, 2013 struction of M nable City Go ent and Well eing present 00, for the r sting a $60, act. excellent an a ¼ percen analysis of a riole was id a design co nths we hav uction effort. ty received t n of Mock method of bid ed in the ev 0 calendar d the low bidd ll known to y. We are sa e low bidde MEM ouncil Director of E Mockingbird overnment, G -maintained ted for appro econstructio 000 incentiv nd well ma nt sales tax r all streets wi dentified as ontract with e developed . two sealed b kingbird Lan dding used w valuation of days. Each der did not ch the City o atisfied that er. They a 1 MORANDU Engineering d Lane from Goal 3 d City Infrast oval to enter on of Mocki ve for timely intained city revenue to b ithin the City needing rec J Volk C d plans, and m bids in the a ne. The E was the “A+ bids. The l day had a w hange. f Coppell, a the bids are are currently UM and Public W Bethel Scho tructure and r into a contr ingbird Lane y constructi y infrastruc be allocated ty of Coppel construction Consulting, I met with off amount of $9 Engineers e +B” method, low bidder b weight value and have su appropriate y completing Works ool to Oriole Facilities ract with RK e. In additio on of the pr cture, the ci d for the rec ll, Mockingb . On July Inc. for the ficials from t 987,155.00 estimate for where the n bid 175 cale e of $1,000 uccessfully e and reasona g Willow S e. KM Utilities on to this co roject accord itizens of C construction bird Lane be 10, 2012 th e design of the Coppell and $1,200, r the projec number of da ndar days, a , so even w completed s able. RKM Springs Driv s, in an ontract ding to Coppell of our etween he City f these ISD to 909.50 ct was ays bid and the with the several Utility ve, and 2 previously completed Heartz Road and Clear Creek Lane for the City of Coppell. A reference check and recommendation from the design engineer indicates they are capable of completing the project within the budget and the time allowed. The contract before you this evening includes allowances for the contractor to begin work as soon as contracts can be processed and materials secured. This process typically takes about three weeks. The contractor will be required to accommodate two-way traffic and provide safe walking routes to both Mockingbird Elementary and Middle School East up to and including June 5th, which is the last day of school this year. Beginning as early as June 6th, RKM will be permitted to close the southbound lane of Mockingbird, and restrict traffic to one-way northbound. The contractor will then have until August 25th to complete all paving work, and to complete the sidewalk on the west side of the road in its entirety. Additionally, adequate sidewalk shall be constructed on the east side for students to safely reach the first school sidewalk. In the event they are able to complete this work by this date, they will earn an incentive of $40,000. If they are unable to complete this work by this date, they will incur a penalty of $2,000 per calendar day until the work described is complete. There is an additional incentive of $1,000 per calendar day for each day prior to the 175 calendar days bid that the contractor completes the entire project, with a maximum additional incentive of $20,000. There is a corresponding penalty of $1,000 per calendar day for each day beyond 175 days that it takes to complete the work. Legal Review: This contract was reviewed by David Dodd, and no changes were requested. Fiscal Impact: The fiscal impact of this Agenda item is $1,047,155.00. Recommendation: The Engineering Department recommends approval of this contract with RKM Utilities in the amount of $987,155.00, with an additional amount of $60,000 to be paid out as incentive if earned under the terms of the contract.             March 15, 2013    Keith Marvin, P.E.  City of Coppell  255 Parkway Boulevard  Coppell, Texas 75019    RE: Mockingbird Lane Reconstruction – Project No. TAX2012A    Dear Keith,    As you know, bids were opened on Thursday, March 14, 2013 for the above referenced project.   Two bids were received from RKM Utility Services, Inc. and Jim Bowman Construction.  The bids  for the project were $987,155.00 and $1,200,909.50 with RKM Utility Services, Inc. being the  apparent low bidder.  Upon review of their bid documents, it appears that both are responsive  bidders and have met the requirements set forth in the bid documents.    Based upon RKM Utility Services, Inc. prior experience working for the City of Coppell and other  experiences I have had with them, we recommend that the City of Coppell award the above  referenced project to RKM Utility Services, Inc. in the amount of $987,155.00.  Additionally,  according to the contract, they may be eligible for incentives totaling $60,000.00 if all conditions  of the contract are met.      Sincerely,    J. VOLK CONSULTING, INC.    Matt Atkins, PE  MOCKINGBIRD LANE RECONSTRUCTIONCITY OF COPPELL, TEXASPROJECT NO. TAX2012AITEM No. ITEM DESCRIPTION BID QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT101 MOBILIZATION 1 LS $10,000.00 $10,000.00 $25,000.00 $25,000.00 $33,000.00 $33,000.00102 PROJECT SIGNS 2 EA $500.00 $1,000.00 $500.00 $1,000.00 $500.00 $1,000.00103 TRAFFIC CONTROL 1 LS $10,000.00 $10,000.00 $5,000.00 $5,000.00 $63,200.00 $63,200.00104 EROSION CONTROL 1 LS $2,500.00 $2,500.00 $3,000.00 $3,000.00 $3,700.00 $3,700.00105 ROW PREPARATION 1 LS $20,000.00 $20,000.00 $5,000.00 $5,000.00 $14,220.00 $14,220.00106 SAWCUT, REMOVE & DISPOSE EXISTING CONCRETE (ALL THICKNESS) 11550 SY $10.00 $115,500.00 $6.00 $69,300.00 $6.75 $77,962.50107 9" REINFORCED CONCRETE PAVING WITH 6" INTEGRAL CURB 8250 SY $50.00 $412,500.00 $48.00 $396,000.00 $54.15 $446,737.50108 6" REINFORCED PAVING 1500 SY $50.00 $75,000.00 $38.75 $58,125.00 $46.75 $70,125.00109 4" REINFORCED SIDEWALK PAVING 1800 SY $36.00 $64,800.00 $31.65 $56,970.00 $35.60 $64,080.00110 BARRIER FREE RAMPS 15 EA $1,500.00 $22,500.00 $1,325.00 $19,875.00 $650.00 $9,750.00111 VARIABLE HEIGHT RETAINING WALL WITH INTEGRAL SIDEWALK 100 LF $50.00 $5,000.00 $85.00 $8,500.00 $75.00 $7,500.00112 PAVEMENT MARKINGS 1 LS $2,000.00 $2,000.00 $12,000.00 $12,000.00 $7,150.00 $7,150.00113 TRAFFIC BUTTONS 1 LS $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,560.00 $2,560.00114 RESTORE DISTURBED AREAS 1 LS $25,000.00 $25,000.00 $8,000.00 $8,000.00 $10,150.00 $10,150.00115 INLET TOPS 3 EA $2,500.00 $7,500.00 $1,500.00 $4,500.00 $2,530.00 $7,590.00116 2‐GRATE INLET 1 EA $5,000.00 $5,000.00 $1,650.00 $1,650.00 $2,035.00 $2,035.00117 18" RCP80 LF $75.00 $6,000.00 $58.00 $4,640.00 $68.50 $5,480.00118 INSTALL 8" SANITARY SEWER ‐ SDR 35 PVC 675 LF $40.00 $27,000.00 $41.00 $27,675.00 $45.00 $30,375.00119 INSTALL 4' DIA SANITARY SEWER MANHOLE 3 EA $4,000.00 $12,000.00 $2,880.00 $8,640.00 $3,400.00 $10,200.00120 4" SANITARY SEWER SERVICES (VARIOUS LENGTHS) 4 EA $1,500.00 $6,000.00 $650.00 $2,600.00 $1,185.00 $4,740.00121 ABANDON EXISTING SANITARY SEWER 1 LS $2,500.00 $2,500.00 $1,450.00 $1,450.00 $1,000.00 $1,000.00122 REMOVE EXISTING SANITARY SEWER MANHOLE 2 EA $500.00 $1,000.00 $400.00 $800.00 $1,000.00 $2,000.00123 INSTALL 12" WATERLINE ‐ C‐900 PVC 1900 LF $60.00 $114,000.00 $72.00 $136,800.00 $85.50 $162,450.00124 INSTALL   8" WATERLINE ‐ C‐900 PVC 375 LF $40.00 $15,000.00 $75.00 $28,125.00 $80.00 $30,000.00125 12" GATE VALVE 12 EA $2,000.00 $24,000.00 $2,275.00 $27,300.00 $2,875.00 $34,500.00126 8" GATE VALVE 8 EA $1,200.00 $9,600.00 $1,300.00 $10,400.00 $1,785.00 $14,280.00127 FIRE HYDRANT AND VALVE ASSEMBLY 7 EA $2,500.00 $17,500.00 $2,500.00 $17,500.00 $4,200.00 $29,400.00128 ADJUST EXISTING VALVE BOX TO GRADE 7 EA $250.00 $1,750.00 $100.00 $700.00 $50.00 $350.00129 ABANDON EXISTING WATERLINE 1 LS $5,000.00 $5,000.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00130 CONNECT TO EX SERVICE 4 EA $1,500.00 $6,000.00 $750.00 $3,000.00 $625.00 $2,500.00131 1" WATER SERVICE (ALL LENGTHS) 4 EA $1,800.00 $7,200.00 $1,250.00 $5,000.00 $2,100.00 $8,400.00132 CONCRETE ENCASEMENT 100 LF $25.00 $2,500.00 $25.00 $2,500.00 $64.00 $6,400.00133 TRENCH SAFETY 3030 LF $1.50 $4,545.00 $3.50 $10,605.00 $0.15 $454.50134 REPAIR, REPLACE, MODIFY EX. IRRIGATION SYSTEM 1 LS $8,000.00 $8,000.00 $2,000.00 $2,000.00 $10,000.00 $10,000.00135 INSTALL TREE 5 EA $300.00 $1,500.00 $500.00 $2,500.00 $500.00 $2,500.00136 TREE ROOT BARRIER 500 LF $40.00 $20,000.00 $10.00 $5,000.00 $5.00 $2,500.00137 REMOVE & RESET LANDSCAPING 1 LS $15,000.00 $15,000.00 $2,400.00 $2,400.00 $3,000.00 $3,000.00138 REMOVE AND REPLACE BRICK MAILBOX 1 EA $800.00 $800.00 $800.00 $800.00 $1,000.00 $1,000.00139 REMOVE AND RESET MAILBOX 1 EA $300.00 $300.00 $500.00 $500.00 $100.00 $100.00140 REMOVE/REPLACE STREET SIGNS 32 EA $150.00 $4,800.00 $275.00 $8,800.00 $485.00 $15,520.00SUBTOTAL AMOUNT BID (A) $1,092,295.00 $987,155.00 $1,200,909.50SUBTOTAL AMOUNT BID (B)175$175,000.00150$150,000.00TOTAL AMOUNT BID (A + B) $1,162,155.00 $1,350,909.50JIM BOWMAN CONSTRUCTION COMPANYENGINEER'S ESTIMATE RKM UTILITY SERVICES, INC. Mockingbird Lane Reconstruction, 1/4 Cent Sales Tax Fund, FY 2012 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \TAX 2012A Created on: 18 March 2013 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 500 500 250 Mockingbird Lane Reconstruction, 1/4 Cent Sales Tax Fund, FY 2012 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \TAX 2012A Created on: 18 March 2013 by Scott Latta AREA OF PROPOSED STREET RECONSTRUCTION 2/2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0959 File ID: Type: Status: 2013-0959 Agenda Item Passed 1Version: Reference: In Control: Engineering 03/18/2013File Created: 03/26/2013Final Action: SH 121 Water Line contractFile Name: Title: Consider approval of an Engineering Services contract with Teague Nall and Perkins, Inc. for the relocation of a water line within the TxDOT State Highway (SH121) corridor to accommodate the widening of SH 121 in the amount of $99,500.00; as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Notes: Agenda Date: 03/26/2013 Agenda Number: 24. Sponsors: Enactment Date: SH 121 Water Line contract memo.pdf, SH 121 Water Line contract exhibit.pdf, SH 121 Water Line contract.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0959 Title Consider approval of an Engineering Services contract with Teague Nall and Perkins, Inc . for the relocation of a water line within the TxDOT State Highway (SH121) corridor to accommodate the widening of SH 121 in the amount of $99,500.00; as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0959) Summary This contract award will allow for the Engineering Design to relocate a 12” water line that exists within the TxDOT right of way to allow for the continuation of the SH 121 improvements. Fiscal Impact: The funds needed for this item are available in the Water and Sewer Fund. Staff Recommendation: The Engineering Department recommends approval of this Engineering Services contract. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/16/2016 To: From: Date: Reference 2030: Introduct This agen Perkins, In the TxDOT Analysis: In order constructe water serv of the perm when they existing li franchise u The contra constructio relocations and the co The engin Coppell, a work due t in to SH 1 Legal Rev This contr Mayor Ken Gr March e: Design Sustain Excelle ion: da item is b nc. in the am T right of wa to provide d a 12” wate vice to the G mit issued b y expanded S ne. This pr utilities. act before y on of this po s soon. The mplete recon neering firm and we are co to the fact th 21 in the mi view: act was revi and City Co riffin, P.E., D 26, 2013 Contract for nable City Go ent and Well being presen mount of $99 ay of State H excellent a er line within TE developm by TxDOT, SH 121. In rocess is ve you is the d ortion of road e expansion o nstruction of of Teague, onfident in t hey are curre ddle of this w ewed by Dav MEM ouncil Director of E r Relocation overnment, G -maintained nted for app ,500.00 for t Highway 121 and well m n the TxDO ment at the c the city had this case, th ery similar t design of the dway as earl of SH 121 in f the frontag Nall & Perk their ability ently designi work area. vid Dodd, an 1 MORANDU Engineering n of Water Li Goal 3 d City Infrast proval to en the design o 1. maintained c T right of w corner of Co d an obligat he expansion o how we h ese necessar ly as July 20 ncludes the c ge roads from kins, Inc. ha to perform t ing the porti nd no chang UM and Public W ine. tructure and nter into a c of the relocat city infrastr way of SH 12 oppell Road tion to reloc n of SH 121 handle the u ry relocation 013; as such construction m FM 2499 t as designed the work. W ion of North ges were requ Works Facilities contract wit tion of a City ructure, the 21 in 1999 to and SH 121 cate our wat 1 requires th use of City ns. TxDOT we need to n of five add to Denton Cr many proje We requested Freeport Pa uested. th Teague, N y water line City of C o provide ad 1. Under the ter line, if n hat we reloca right of wa T intends to begin work ditional main reek. ects for the C d they perfor arkway that w Nall & within Coppell dequate e terms needed, ate this ay with o begin on our n lanes, City of rm this will tie 2 Fiscal Impact: The fiscal impact of this Agenda item is $99,500.00. Recommendation: The Engineering Department recommends approval of this contract with Teague, Nall & Perkins, Inc. in the amount of $99,500. Proposed Water Line Relocation State Highway 121 City of Coppell Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \SH 121 WL RELO Created on: 18 March 2013 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 600 600 300 Proposed Water Line Relocation State Highway 121 City of Coppell Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg \SH 121 WL RELO Created on: 19 March 2013 by Scott Latta PROPOSED R.O.W. 2/2 EXISTING R.O.W. PROPOSED WATER LINE CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the 2th day of March, 2013, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and Teague Nall & Perkins, Inc., hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the SH 121 Water Line Relocation (from Sandy Lake Road to N. Coppell Road), hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. Page 2 AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services Parts I & II: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 3 3. Compensation. A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of Ninety Two Thousand Five Hundred dollars ($92,500.00) provided, however, that modifications to the Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Basic Services Part II Fee: The Engineer should be paid a fee under this Contract for Basic Services Part II pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part II Fee shall not exceed the lump sum of Seven Thousand dollars ($7,000.00) provided, however, that modifications to the Basic Services Part II, or other conditions defined herein may necessitate a change of Basic Fee which shall be reduced to writing and approved by the City or its designee. C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of Ninety Nine Thousand Five Hundred dollars ($99,500): The lump sum Basic Services Part I Fee plus the lump sum Basic Services Part II Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be Page 4 discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. Page 5 A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its Page 6 employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Page 7 Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. Page 8 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. Page 9 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas ______________________ ______________________ ______________________ ______________________ Engineer: Teague Nall and Perkins Inc. 17304 Preston Road Suite 1340 Dallas, Texas 75252 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL ENGINEER: BY: BY: _____________________________ ______________________ Chris Schmitt, P.E. Principal Mayor Name & Title Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) 1  ATTACHMENT  A  SCOPE OF SERVICES  The Engineer agrees to render services necessary for the development and completion of the Project as  outlined herein.  The Basic Services to be performed by Engineer under this Contract include the following:  The design contract includes the following elements:  1. The scope of this project generally entails preparation of design and construction documents for  the relocations of 5,600 LF of 12” water line along 121 ROW from Sandy Lake Road to N. Coppell  Road   2. Preparation of topographic survey as needed to facilitate design, including tree survey.   3. Coordination with franchise utility companies regarding existing infrastructure within the area,  including American Tower, Atmos, and Brazos Electric, etc….   4. Coordination with Texas Department of Transportation regarding acquisition of permits  necessary to construct these facilitates in  SH 121 ROW.   5. Provide Subsurface Utility Engineering survey to locate lines in conflict with proposed utility  improvements.    2  PART I:        BASIC  SERVICES  A. SURVEY DESIGN   Engineer shall provide detailed topographic survey for project along the easterly limits  of SH 121 ROW from Sandy Lake Road to N. Coppell Road.    The survey will include horizontal and vertical location of existing above ground  features and visible utility appurtenances throughout the length of the project corridor  including, but not limited to, existing pavement connections, fences, water valves, fire  hydrants and manholes.  Flow lines of existing culverts will be shot and elevations  provided.   Additional details:   o Approximate length = 5,600 linear feet  o 15’± wide topo survey along TxDOT ROW = 3,850 l.f.  o Additional detail will be provided at the following locations:    Sandy Lake Road    Proposed TxDOT culvert (SH 121 CL Station 1987+00, 95% Set, 08/2011)   Industrial Driveway                         Canyon Drive    Coppell Road      Engineer will establish control network utilizing GPS and City of Coppell published  datum.   Unless otherwise required, horizontal datum will be NAD 83 and NAVD 88 for  vertical datum.   Engineer will perform field surveys to tie the horizontal and vertical locations of  franchise utilities when located close to proposed facilities.     Engineer will establish vertical control benchmarks within the project limits on existing  permanent structures.   Engineer will tie benchmarks to as‐built plans for correlation of datum.   Engineer will provide tree survey of specimens identified on the protected tree list  within proposed project corridor, including creek crossings.  Protected trees 6‐inches  and greater shall be tied.     Engineer will provide Level B Subsurface Utility Engineering as part of basic services.   o Generally QL‐“B”, also known as “designating” indicates information obtained  through the application of appropriate surface geophysical methods to determine  the existence and approximate horizontal position of subsurface utilities.  Quality  level B data should be reproducible by surface geophysics at any point of their  depiction.  This information is surveyed to applicable tolerances defined by the  3  project and reduced onto plan documents. Level B services will be provided on an  as needed basis.    Engineer shall coordinate with TXDOT in order to tie right‐of‐way lines, property lines  and corners, if found, fence lines, and other visible surface features to the survey  control network within the proposed route.  Identify properties by address number  and/or business name.  B. ENGINEERING SERVICES  1.      PRELIMINARY ENGINEERING   When requested by the City, the Engineer shall attend preliminary conferences with  authorized representatives of the City regarding the project and such other  conferences as may be necessary in the opinion of the City so that the plans and  specifications which are to be developed hereunder by the Engineer, will result in  providing facilities which are economical in design and conform to instruction from the  City.   Preliminary TxDOT permit coordination;   o Engineer shall attend up to three (3) meetings with City/TXDOT officials;    o Engineer shall provide one (1) preliminary submittal to TxDOT for permitting  review.    Upon confirmation of the alignment by the City/TxDOT , the Engineer shall then  proceed with preparation of the preliminary design of the project incorporating all  comments received from the City and agreed upon by both the City and the Engineer  into these plans.  Project design shall be in accordance with environmental standards  provided by the City, as well as known state and federal guidelines applicable to the  project.   The Engineer shall establish preliminary horizontal centerline alignment. Per recent  meetings with TxDOT it is understood that the new water line will be located  approximately 6’‐7’ inside SH 121 ROW.    The Engineer shall establish preliminary vertical alignments.    The Engineer will show major features on plan sheets including existing and proposed  edges of roadway, left turn bay limits, and median widths.   The Engineer will show known utility crossings and nearby adjacent utilities, and other  topographic features such as light standards, air release valves, and manholes as  identified from field surveys and information provided by utility companies and the  City’s record drawings.   The Engineer shall supply the schematic alignment to all known utility companies,  including franchised utilities and pipeline companies which have known existing  4  facilities within the limits of the Project.  One set of dated preliminary plans, and one  set of dated and approved advertising (final) plans shall also be submitted at the  appropriate intervals.   The Engineer shall provide detailed design data, profiles, cross‐sections where  appropriate, opinions of probable cost, and furnish two (2) copies of detailed  preliminary design plans for the project to the City for review.     After receipt of preliminary design review comments from the City, the Engineer shall  make all corrections noted and then commence preparation of the final design plans  and specification/contract documents.   The Engineer shall advise the City with regard to the necessity for subcontract work  such as special surveys, tests, test borings, or other subsurface investigations in  connection with design and engineering work to be performed hereunder.  The  Engineer shall also advise the City concerning the results of same.  Such surveys, tests,  and investigations shall be made only upon authorization by and at the expense of the  City.   The Engineer shall provide necessary design field surveys for his use in the preparation  of preliminary and final plans and specifications.    2.       FINAL ENGINEERING   Incorporating all City review comments from the preliminary design submittal, the  Engineer will complete the final plans, prepare contract documents/specifications, and  a final opinion of probable cost for the authorized construction units.  This shall include  summaries of bid items and quantities, but the Engineer does not guarantee that  Contractor bids will not vary from such opinion.  Each of these items (2 copies each)  shall be submitted to the City for final approval.   The Engineer shall develop miscellaneous sheets such as Title Sheet, Horizontal Control  Sheet, General Notes & Quantities, and Project Specific Details.   The Engineer will prepare Erosion Control Plan sheets (full size, 1:40 scale) for  proposed improvements.  The successful bidder (contractor) will be required to supply  and submit a formal SWPPP to the TCEQ as owner and operator of the construction  project.     Finalize Typical Sections including General Construction Sequencing and Traffic Control  Notes.   Prepare Traffic Control Plan sheets (full size, 1:40 scale) and construction phasing plans  for proposed improvements. Incorporate comments from the utility companies  pertaining to the location of existing facilities and attend  a utility coordination  meeting among all impacted utilities at City Hall.   Finalize Special Conditions, which will include Special Technical specifications.  5   Complete quantity take‐off and prepare final estimate of probable construction cost  based on final plans.   The Engineer will prepare final bid documents including bid proposal forms,  construction plans, specifications, and contract documents.   Final TxDOT Permit Coordination ‐ Engineer shall prepare response to TxDOT  generated comments from the preliminary design submittal as well as provide one (1)  final submittal to TxDOT for permitting.    After receipt of final plan/specifications/contract documents review comments from  the City, the Engineer shall make all corrections noted and then provide up to twenty  (20) copies of contract documents and final bid plans to Contractors bidding the  Project.  Contract documents shall contain the Notice to Bidders, Proposal, Wage  Rates, General and Special Provisions, Special Specifications, Insurance Statement,  Payment, Performance, and Maintenance Bonds, and all other required City Contract  forms.   The original drawings of all plans shall be plotted in ink on approved plastic film sheets,  or as otherwise approved by the City Engineer, and shall become the property of the  City.  City may use such drawings in any manner it desires provided, however, that the  Engineer shall not be liable for the use of such drawings for any project other than the  project described herein.                            3.      BIDDING   The Engineer will assist the City in the advertisement for bids‐‐prepare Notice to  Bidders for required newspaper advertising ‐‐and place notice with Texas Contractor  magazine and Dodge Report.   Sell bid documents to potential bidders, suppliers and other parties keeping an  accurate record of all plan‐holders.   Engineer shall provide City with pdf version of construction documents.    The Engineer will attend a pre‐bid meeting.   Engineer shall issue addenda by fax to all plan‐holders as required.   Provide clarifications to Contractors as required.   The Engineer shall assist in the tabulation and review of all bids received for the  construction of the improvements, and shall make recommendations to the City  concerning these bids.  At any time during the construction of this project, the  Engineer shall advise on special review shop drawings required of the Contractor by  the Construction Contract(s).  Such review shall be for general conformance with the  design concept and general compliance with the plans and specifications under the  Construction Contract(s).  6   After selection of Contractor(s) and award of contract(s) by the City, the Engineer will  assist in the preparation of contract documents, including contract, performance,  payment, and maintenance bonds and all other related City forms required to initiate  construction on the project(s).   After award of contract, furnish six (6) sets of conformed contract documents and  specifications for contractor execution prior to the preconstruction meeting.  4.   CONSTRUCTION ADMINISTRATION   Engineer will attend a pre‐construction conference with City staff, Contractor(s), and  all affected utility companies.   Engineer will provide periodic field representation and will monitor construction  progress as often as Engineer deems necessary, including possible scheduled meetings  with the project inspector and the Contractor(s) to discuss the construction progress.   A written report can be provided to the City after each of these bi‐weekly meetings if  needed.   Engineer will consult and advise the City regarding the need for any contract change  orders and will prepare change orders as required for City approval.   Engineer will be available for interpretation of plans and specifications as may be  required by the Contractor(s) in the field.   The Engineer will, with assistance from the City Inspector on the project(s), prepare  and process monthly and final pay requests from the Contractor(s) to the City.   Engineer will provide, in conjunction with the City, a final inspection of the project and  provide a “punch list” of deficient items to the Contractor(s).   Engineer will revise construction drawings as necessary to adequately reflect any  revisions in the construction from that which was represented on the plans and/or  specifications.   Engineer will provide the City with one (1) set of mylar reproducible “Record  Drawings” within 30 days after the completion of the project including updated digital  CAD files of the new construction for use in the City’s computerized mapping system.                  7  PART II: ADDITIONAL SERVICES:    A. EASEMENT DOCUMENTS    Engineer will assist in preparation of easement documents, if necessary for project  completion, using the previously completed boundary surveys and right‐of‐way  research by TNP. Documents will consist of Exhibit A (parcel description) and Exhibit B  (parcel map) for acquisition.    B. SUBSURFACE UTILITY ENGINEERING     Engineer will provide level A Subsurface Utility Engineering as an additional service.       Generally QL‐“A”, also known as “locating”, indicates the precise horizontal and  vertical location of utilities obtained by the actual exposure (or verification of  previously exposed and surveyed utilities) and subsequent measurement of subsurface  utilities, at a specific point.  a. Ground penetrating radar will not be used as a part of the field investigation of  the project site unless that use has been specifically addressed with the scope  of services described herein.    b. Test holes are very limited in size or diameter (typically 12 inches by 12 inches,  or approximately 144 square inches).  Given this limited size, some subsurface  conditions may prevent the completion of test holes, including rock(s),  groundwater, large roots, other utilities & structures, etc.  Test hole attempts  which cannot be completed due to site conditions will be documented and  noted on the plans.    c. When test holes are used to locate utilities, the nominal pipe sizes of the  targeted utility will be documented and reported by using field measurements  of the outside diameter (OD) of the pipe (to the nearest inch).  Based upon this  field measured OD, the nominal pipe size will be determined using typical pipe  wall thickness data and other available data including record information.  Pipe  diameters that are too large for measurement, encased or non‐encased conduit  duct banks and other concrete encased systems which cannot be adequately  measured will be reported based upon the best available information.    d. The documented results produced by these services represent a professional  opinion and interpretation based upon record information and/or field  evidence.  These results may be affected by a variety of existing site conditions,  including soil content, depth of the utility, density of utility clusters, and  electro‐magnetic characteristics of the targeted utilities.  Also, the lack of  and/or poor condition of a trace wire for non‐conductive materials such as PVC,  HDPE, etc. in most cases will make the successful detection and location of the  utility unlikely.       8  e. The Engineer will apply professional judgment to determine which utilities  require additional field effort and/or methods to properly designate and/or  locate, most commonly when record drawings are not available.  In such cases,  the Engineer will provide a recommendation or request for additional services  to the Client.  Among other methods, a detectable duct rodder or other  conductor may be introduced into the line to enable the designation of the  utility.  This method is dependent upon approval by the utility owner, as well as  access to, size and condition of the utility.    f. None of these services are intended to and should not be understood to relieve  the Client or others from the responsibility to comply with the statutory  requirements related to notifying the proper one‐call system(s) in advance of  any and all excavation, grading and/or construction within the project site.      It is understood that ENGINEER cannot guarantee all utilities will be discovered during the SUE process.  Availability of utility records and limitations of surface geophysical prospecting methods do not always  permit utilities to be detectable.    9  PART III: EXCLUSIONS  The intent of this scope of services is to include only the services specifically listed herein and  none others.  Services specifically excluded from this scope of services include, but are not  necessarily limited to the items listed below.  However, in the event the following tasks need to  be performed, the Consultant and City may mutually agree upon a scope/fee amendment to  facilitate the tasks:  A. Providing an on‐site representative.  B. Environmental impact statements, assessments, and 404 permitting.  C. Fees for FEMA submittals, permits or advertising.  D. Certification that work is in accordance with plans and specifications, beyond standard  preparation of record drawings described.  E. Environmental cleanup.  F. Floodplain reclamation plans.  G. Trench safety designs.  H. Quality control and testing services during construction.  I. Services in connection with condemnation hearings.  J. Design of water and sanitary sewer lines beyond those described in scope.  K. Design of structural retaining walls beyond 4’ in height.  L. On‐site safety precautions, programs and responsibility.  M. Consulting services by others not included in proposal.  N. Traffic engineering report or study.  O. Title searches, boundary surveys, or property surveys other than those described above.  P. QL‐“A” test holes in paved areas.  Q. Q—“A” test holes deeper than twelve (12) feet.  10  PART IV: COMPENSATION  The conceptual opinion of probable construction cost for all project improvements is  approximately $ 760,000.  The maximum overall fee established herein shall not be exceeded without written authorization  from the City of Coppell, justified by increased scope of services.  The following is a summary of the estimated charges for the various elements of the proposed  services:  Part I:   Basic Services Fee   A. Survey Design        $19,500  B. Level ‘B’ SUE (approximately 1,000 l.f.)      $8,000  C. Engineering Design       $65,000   Part I Subtotal:              $92,500  Part II:  Additional Services  A. Easement Documents (as needed) (2 total @ $1,000 per each)  $2,000  B. Level ‘A’ SUE (5 test holes @ $1,000 each)     $5,000                    Part II Subtotal:  $7,000                                                         Total Fee:    $99,500      Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0934 File ID: Type: Status: 2013-0934 Agenda Item Passed 1Version: Reference: In Control: Library 03/05/2013File Created: 03/26/2013Final Action: Library Strategic PlanFile Name: Title: Consider adoption of the William T. Cozby Public Library 2013-2015 Strategic Plan. Notes: Agenda Date: 03/26/2013 Agenda Number: 25. Sponsors: Enactment Date: Staff Memo - Library Strategic Plan.pdf, StrategicPlanBrochure.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Vicki Chiavetta History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/26/2013City Council Presentation: Vicki Chiavetta, Library Director, made a presentation to Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Mayor Pro Tem Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-0934 Title Consider adoption of the William T. Cozby Public Library 2013-2015 Strategic Plan. Summary Fiscal Impact: Fiscal impact will be determined as objectives are implemented to reach the strategic goals. Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0934) Adopt the library’s 2013-2015 Strategic Plan. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/16/2016 1 MEMORANDUM To: Mayor and City Council From: Vicki Chiavetta, Director of Library Services Date: March 26, 2013 Reference: Library Strategic Plan 2030: Sustainable City Government, Community Wellness and Enrichment, Sense of Community, Special Place to Live Introduction: Consider adoption of the William T. Cozby Public Library 2013 – 2015 Strategic Plan Analysis: The library formed a Strategic Planning Committee made up of Coppell residents to develop a new strategic plan in order to determine strategies and primary goals for the library’s next three years. The committee used Coppell’s 2030 plan, the library’s five year plan, a building feasibility study and two recent surveys conducted by the library to develop a direction for the library. The plan will serve as a guide to future services, programs and development of the library. Legal Review: Agenda item did not require legal review. Fiscal Impact: Fiscal impact will be determined as objectives are implemented to reach the strategic goals. Recommendation: The Library recommends adoption of the 2013-2015 Strategic Plan. The library will develop means of sustaining services that support a family community for a lifetime. Staff must be offered continuing education opportunities to ensure ongoing, quality customer service and innovation. A ‘Friends of the Library’ Group will provide a vehicle for grant applications and fundraising for the library. The library will incorporate green initiatives into future workflow activities and facilities upgrades. ! Provide continuing education for staff that encourages self-development and innovation leading to quality customer service ! Support the establishment of a ‘Friends of the Library’ Group ! Incorporate green initiatives in library facility and daily workflow activities MISSION The William T. Cozby Public Library’s mission is to nurture and sustain a family community for a lifetime by providing innovative, exceptional service and access to learning, information and enrichment. Strategic Plan The library will continue to provide access to quality services including an excellent collection, a variety of programs and exceptional customer care. The library must continuously assess community needs and seek to provide those services desired by citizens. In addition the library will provide workshops to demonstrate available resources. Kiosk library service will provide access to library services throughout the community. ! Provide exceptional library services based on community needs assessments ! Provide workshops and personal appointments to demonstrate available resources ! Plan and implement kiosk library service throughout the community  2013 2015 ServICeSprovide access to quality services SuSTaINab ILIT ysupport a family community for a lifetimeServICeS SuSTaINabILITyWilliam T. Cozby Public Library A Family Community for a Lifetime In order to Build a Family Community for a Lifetime the library should intentionally reach out to local organizations and other city departments to develop programs that will have an impact on the community. Partnerships will allow for more effective outreach, opportunities to share resources, and value to the community. ! Facilitate partnerships with educational entities to provide curriculum support and multiple opportunities for learning ! Design and implement a Creative Learning Lab to encourage innovation utilizing local resources ! Develop interdepartmental partnerships to enhance public service programs Libraries are evolving faster than ever and it is prudent to design spaces that are easily transformable from one purpose to another. Furniture, shelving, technology and staff must be flexible and allow for the creative use of available space. The library must expand and renovate its existing space to allow for more adaptability. ! Expand and renovate the library facility to maximize library space ! Improve parking lot functionality including a drive-through book drop ! Design specific use spaces that are functional and separate, incorporating sound management into the design TeChNOLOgy Technology in libraries allows for the provision of a multitude of library services and is of critical importance in providing resources that meet the needs of those who cannot afford technology along with those who can. The library must continue to integrate innovative technology to enhance library services while being mindful of the benefits, the costs and the training required for staff to be competent in their work. ! Evaluate and implement emerging technologies for patrons and staff ! Build and maintain technology infrastructure to provide quality library services The library offers a wealth of information, services and programs that are designed to meet the needs of the community. The library must effectively communicate to increase awareness of its available resources for learning, information and enrichment. ! Evaluate current marketing strategies to measure value ! Enhance current marketing strategies to promote library services ! Utilize electronic communication methods to promote library servicesCOLLabOraTIMarkeTINgeffectively inform the community COLLabOraTIONbuild lasting partnerships TeCh NOLOgyintegrate innovative technology SPaCedesign adaptable spaces MarkeTINgCOLLabOraTIONSPaCe Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0944 File ID: Type: Status: 2013-0944 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 03/07/2013File Created: 03/26/2013Final Action: CM ReportFile Name: Title: Project Updates and Future Agendas. Notes: Agenda Date: 03/26/2013 Agenda Number: 10 Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed03/26/2013City Council Read and Filed City Manager Clay Phillips reminded Council that they will have a Five Year Budget Workshop on April 11th and a 5th Tuesday Workshop on April 30th. There are various events every Saturday in April, including the Dedication of Heritage Park on April 13th. Regarding Project Updates, Old Town is moving along. With the approved LOI presented at this meeting, residential housing will continue to be constructed in Old Town. 265 Parkway is fully operational and Mr. Phillips invited all of Council to visit the building. The 2nd Floor remodeling will take place after the remodeling of the 2nd Floor at Town Center is completed. A name is still being sought for the new building. Action Text: Text of Legislative File 2013-0944 Title Project Updates and Future Agendas. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0944) Goal Icon: Page 2City of Coppell, Texas Printed on 8/16/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0966 File ID: Type: Status: 2013-0966 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 03/19/2013File Created: 03/26/2013Final Action: Mayor and Council ReportsFile Name: Title: A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding upcoming Spring Events, EGGStravaganza and EcoCoppell Earthfest. Notes: Agenda Date: 03/26/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed03/26/2013City Council Read and Filed Mayor Pro Tem Brancheau did not attend the Metroplex Mayors' Meeting, so nothing was addressed. Regarding the various Spring Events, Mayor Pro Tem Brancheau announced EGGStravaganza is on March 30th at 11am. Freeport Parkway to Ruby Road will be closed beginning at 10:40am. Please enter from Royal Lane into the Tennis Center Parking lot. EcoCoppell Earthfest will be held on April 6th from 10am – 2pm. The band, Definitely, Maybe (the band that played at our very first Earthfest!) will be performing. Food by Gandolpho’s Food Truck will be available offering New York Style sub sandwiches. There will also be kids activities, earthern vendors brought to you by KCB, a prototype Wind Turbine, and lots more! Action Text: Text of Legislative File 2013-0966 Title A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding upcoming Spring Events, EGGStravaganza and EcoCoppell Earthfest. Summary Page 1City of Coppell, Texas Printed on 8/16/2016 Master Continued (2013-0966) Fiscal Impact: Staff Recommendation: Goal Icon: Page 2City of Coppell, Texas Printed on 8/16/2016