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CP 2013-05-14City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, May 14, 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, May 14, 2013, at 5:30 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 Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects north of Gateway and east of Exchange. B.Discussion regarding economic development prospects south of Houston Street and west of S. Coppell Road. C.Discussion regarding economic development prospects south of Bethel Road and east of S. Coppell Road. Section 551.071, Texas Government Code - Consultation with City Attorney. D.Consultation with the City Attorney in regards to Cause Number Page 1 City of Coppell, Texas Printed on 12/28/2017 May 14, 2013City Council Meeting Agenda 05-10-00283-CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. E.Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding Dog Park. B.Discussion related to a proposed Change Order for the construction of public improvements at The Square at Old Coppell. C.Discussion regarding Executive Suites/Business Incubator. D.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 May 19, 2013, as “Dennis Wilkinson Appreciation Day,” and authorizing the Mayor to sign. Proclamation Dennis Wilkinson 2013.pdfAttachments: 7.Consider approval of a proclamation naming May 2013 as “Motorcycle Safety & Awareness Month,” and authorizing the Mayor to sign. Proclamation Motorcycle Safety & Awareness Month 2013.pdfAttachments: 8.Consider approval of a proclamation naming the month of May as “Lupus Awareness Month in Coppell,” and authorizing the Mayor to sign. Proclamation - Lupus Awareness Month in Coppell 2013.pdfAttachments: 9.Consider approval of proclamations congratulating Coppell students on their appointments to military academies, and authorizing the Mayor to sign. Proclamation Carter Ryan West.pdf Proclamation Tyler Michael Jones.pdf Proclamation Joshua Lee Self.pdf Attachments: 10.Consider approval of a proclamation recognizing the month of May as “Older Americans Month 2013,” and authorizing the Mayor to sign. Proclamation.pdfAttachments: 11.Consider approval of a proclamation naming the month of April 2013 “National Donate Life Month” and authorizing the mayor to sign. Page 2 City of Coppell, Texas Printed on 12/28/2017 May 14, 2013City Council Meeting Agenda Donate Life Proclamation 2013.pdfAttachments: 12.Consider approval of a proclamation naming the week of May 12 - 18, 2013, as “National Police Week,” and designating May 15, 2013, as “National Police Officers’ Memorial Day;” and authorizing the Mayor to sign. Proclamation.pdfAttachments: 13.Graduation ceremony for Leadership Coppell Class of 2013. 14.Citizens’ Appearance 15.Consent Agenda A.Consider approval of minutes: April 23, 2013. Minutes.pdfAttachments: B.Consider approval of an Ordinance for Case No. PD-221R8-HC, Duke Lesley Addition (Hotel & Conference Center) (REVISED), a zoning change from PD-221R2-HC (Planned Development-221-Revision 2-Highway Commercial) to PD-221R8-HC (Planned Development-221-Revision 8-Highway Commercial), to attach a Detail Site Plan on 5.0 acres to allow the development of a hotel and a conference center to be located on the east side of Point West Boulevard, approximately 225 feet north of IH 635 and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A-Legal Description.pdf Exhibit B-Site Plan.pdf Exhibit C-Fire Lane Extension Exhibit.pdf Exhibit D-Architectual Site Plan.pdf Exhibit E-Landscape Plan (2 pages).pdf Exhibit F-Paving Color Exhibit.pdf Exhibit G-Elevations (2 pages).pdf Exhibit H-Renderings (2 pages).pdf Attachments: C.Consider approval of an Ordinance for Case No. PD-261-RBN, Belmont Landing, a zoning change from C (Commercial) to PD-261-RBN (Planned Development 261-Residential Urban Neighborhood), for the development of 55 single-family residences and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard and authorizing the Mayor to sign. Cover Memo.pdfAttachments: Page 3 City of Coppell, Texas Printed on 12/28/2017 May 14, 2013City Council Meeting Agenda Ordinance.pdf Exhibit A -Legal Description.pdf Exhibit B - Detail Site Plan.pdf Exhibit C - Landscape Plan.pdf D.Consider approval of an Ordinance for Case No. S-1022R2-R, McDonald’s, a zoning change from S-1022-Retail (Special Use Permit-1022-Retail) to S-1022R2-R (Special Use Permit-1022 Revision 2-Retail), to permit the addition of a second drive-thru lane, order board, reconfiguration of the parking lot layout, changes to the exterior elevations and signage package on approximately 0.9 acres of property located at 125 South Denton Tap Road and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A - Legal Description.PDF Exhibit B - Site Plan.PDF Exhibit C - Landscape Plan.pdf Exhibit D - Elevations (2 Pages).pdf Exhibit E - Details (4 Pages).pdf Attachments: E.Consider approval of an Ordinance for Case No. S-1137R3-SF-12, First United Methodist Church, Lot 1R, Block 1, a zoning change from S-1137R2-SF-12 (Special Use Permit-1137 Revision 2-Single Family-12) to S-1137R3-SF-12 (Special Use Permit-1137 Revision 3-Single Family-12), to allow for the addition of a canopy at the entrance on the west elevation of the church on approximately 4.8 acres of property located at 420 S Heartz Road and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A - Legal Description.pdf Exhibit B - Site Plan.pdf Exhibit C - Column Detail.pdf Exhibit D - Canopy Section.pdf Exhibit E - Canopy Frame Elevation.pdf Attachments: F.Consider approval of an Interlocal Agreement with the Denton County Levee Improvement District No. 1 for storm drain repair and erosion control in Denton Creek; in an amount of $23,500.00 as provided for in the Municipal Drainage Utility District fund; and authorizing the Mayor to sign and execute any necessary documents. Interlocal Agreement Denton County Levee District Memo.pdf Interlocal Agreement Denton County Levee District Exhibit.pdf Interlocal Agreement Denton County Levee District.pdf Attachments: Page 4 City of Coppell, Texas Printed on 12/28/2017 May 14, 2013City Council Meeting Agenda G.Consider approval of a one-year contract with 3D Paving and Contracting, LLC with the option for 4 annual renewals for the annual Sidewalk Replacement Repairs in the amount not to exceed $150,000.00, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Annual Sidewalk Renewal Contract Memo.pdf Annual Sidewalk Renewal Contract Bid Tab.pdf Annual Sidewalk Renewal Contract Repair List.pdf Attachments: H.Consider approval of Change Order No.1 to MEGA Contractors, Inc., in the amount of $99,711.87, for the addition of soil remediation at The Square at Old Town Coppell construction, and authorizing the City Manager to sign the necessary documents. Memo.pdf Change Order No. 1.pdf Attachments: End of Consent Agenda 16.Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. 17.PUBLIC HEARING: Consider approval of an Ordinance designating Naterra International, Inc., Reinvestment Zone No. 70 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Public Hearing and Ordinance Memo.pdf Public Hearing Notice.pdf Ordinance.pdf Attachments: 18.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: 19.Consider approval of an Economic Development Agreement by and between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. Economic Development Agreement Memo.pdf Economic Development Agreement.pdf Attachments: 20.PUBLIC HEARING: Consider approval of an Ordinance designating Norwex USA, Inc., Reinvestment Zone No. 77 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Page 5 City of Coppell, Texas Printed on 12/28/2017 May 14, 2013City Council Meeting Agenda Public Hearing and Ordinance Memo.pdf Public Hearing Notice.pdf Ordinance.pdf Attachments: 21.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: 22.PUBLIC HEARING: Consider approval of an Ordinance designating Universal Power Group, Inc., Reinvestment Zone No. 78 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Public Hearing and Ordinance Memo.pdf Public Hearing Notice.pdf Ordinance.pdf Attachments: 23.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Universal Power Group, Inc., and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: 24.PUBLIC HEARING: Consider approval of an Ordinance designating Nypro, Inc., Reinvestment Zone No. 82 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Public Hearing and Ordinance Memo.pdf Public Hearing Notice.pdf Ordinance.pdf Attachments: 25.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Nypro, Inc., and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement .pdf Attachments: 26.PUBLIC HEARING: Consider approval of Case No. PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning change request from Page 6 City of Coppell, Texas Printed on 12/28/2017 May 14, 2013City Council Meeting Agenda PD-91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development-91 Revision 2-Single Family-7), to allow a seven and one-half foot encroachment over the required 30-foot front building setback line at 616 Villawood Lane. Cover Memo.pdf Staff Report.pdf Site Plan.pdf Attachments: 27.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: 28.Consider award of Bid No.Q-0513-01 from HQS Construction LLC, for the construction of the MacArthur Dog Park, in the amount of $288,984.32, and authorize the City Manager to sign the necessary documents. Memo.pdf HQS Bid.pdf Site Plan.pdf Attachments: 29.City Manager Reports Project Updates and Future Agendas. 30.Mayor and Council Reports A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Councilmember Mays regarding Vern Edin’s Retirement Celebration. Page 7 City of Coppell, Texas Printed on 12/28/2017 May 14, 2013City Council Meeting Agenda 31.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 32.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ 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 8 City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1045 File ID: Type: Status: 2013-1045 Agenda Item Executive Session 1Version: Reference: In Control: Administration 05/03/2013File Created: 05/14/2013Final Action: Exec Session- eco dev prospects NEC Gateway and Exchange File Name: Title: Discussion regarding economic development prospects north of Gateway and east of Exchange. Notes: Agenda Date: 05/14/2013 Agenda Number: A. 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 05/14/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1045 Title Discussion regarding economic development prospects north of Gateway and east of Exchange. Summary Goal Icon: Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1045) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1046 File ID: Type: Status: 2013-1046 Agenda Item Executive Session 1Version: Reference: In Control: Administration 05/03/2013File Created: 05/14/2013Final 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: 05/14/2013 Agenda Number: B. 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 05/14/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1046 Title Discussion regarding economic development prospects south of Houston Street and west of S. Coppell Road. Summary Goal Icon: Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1046) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1060 File ID: Type: Status: 2013-1060 Agenda Item Executive Session 1Version: Reference: In Control: Administration 05/07/2013File Created: 05/14/2013Final Action: Exec Session: eco dev prospects s. of Bethel, e. of S. Coppell File Name: Title: Discussion regarding economic development prospects south of Bethel Road and east of S. Coppell Road. Notes: Agenda Date: 05/14/2013 Agenda Number: C. 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 05/14/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1060 Title Discussion regarding economic development prospects south of Bethel Road and east of S. Coppell Road. Summary Goal Icon: Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1060) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1062 File ID: Type: Status: 2013-1062 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 05/07/2013File Created: 05/14/2013Final Action: Executive SessionFile Name: Title: Consultation with the City Attorney in regards to Cause Number 05-10-00283-CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Notes: Agenda Date: 05/14/2013 Agenda Number: D. 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 05/14/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1062 Title Consultation with the City Attorney in regards to Cause Number 05-10-00283-CV, styled Mira Mar Development Corporation v. City of Coppell, Texas. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1062) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1063 File ID: Type: Status: 2013-1063 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 05/10/2013File Created: 05/14/2013Final Action: Executive SessionFile Name: Title: Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Notes: Agenda Date: 05/14/2013 Agenda Number: E. 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 05/14/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1063 Title Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1063) Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1043 File ID: Type: Status: 2013-1043 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 05/02/2013File Created: 05/14/2013Final Action: Work Session Work Session File Name: Title: A.Discussion regarding Dog Park. B.Discussion related to a proposed Change Order for the construction of public improvements at The Square at Old Coppell. C.Discussion regarding Executive Suites/Business Incubator. D.Discussion of Agenda Items. Notes: Agenda Date: 05/14/2013 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 Presented in Work Session 05/14/2013City Council Presented in Work Session Mayor Hunt adjourned the Work Session at 7:12 p.m. and reconvened into the Executive Session at 7:15 p.m. Mayor Hunt adjourned the Executive Session at 7:29 p.m. Action Text: Text of Legislative File 2013-1043 Title A.Discussion regarding Dog Park. B.Discussion related to a proposed Change Order for the construction of public improvements at The Square at Old Coppell. C.Discussion regarding Executive Suites/Business Incubator. D.Discussion of Agenda Items. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1043) Summary Fiscal Impact: Staff Recommendation: 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 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1017 File ID: Type: Status: 2013-1017 Agenda Item Passed 1Version: Reference: In Control: Administration 04/24/2013File Created: 05/14/2013Final Action: Proclamation - Dennis Wilkinson Appreciation Day Proclamation - Dennis Wilkinson Appreciation Day File Name: Title: Consider approval of a proclamation naming May 19, 2013, as “Dennis Wilkinson Appreciation Day,” and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 6. Sponsors: Enactment Date: Proclamation Dennis Wilkinson 2013.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 PassApproved05/14/2013City Council Mayor Hunt read the proclamation for the record and presented the same to Reverend Dennis Wilkinson. 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, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1017 Title Consider approval of a proclamation naming May 19, 2013, as “Dennis Wilkinson Appreciation Day,” and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1017) Fiscal Impact: Staff Recommendation: Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, Reverend Dennis Wilkinson received a Bachelor of Social Sciences from SMU in Dallas, Texas in 1970 and a Master of Divinity from the Iliff School of Theology in Denver, Colorado in May, 1980; and WHEREAS, Dennis and Linda have been married since July 1971; and WHEREAS, Dennis has served the North Texas Conference as a United Methodist pastor for 36 years and during this time has chaired and served on many Commissions and Boards in the Conference; and WHEREAS, Dennis has served the First United Methodist Church Coppell as senior pastor for almost 9 years and has been a source of strength and comfort to our community during times of loss; and WHEREAS, Dennis was Co-Director of the Children’s SEEK Camp, a summer church camp for special needs children, for almost 20 years; and WHEREAS, Dennis is a member of the Lions Club; and WHEREAS, Dennis is active in the Kairos Prison ministry, an extension of the Walk to Emmaus; and WHEREAS, Dennis spent 6 years on active duty in the U.S. Air Force as a pilot, served in Georgia as a T-38 Instructor Pilot and in the Pacific Theater as a C-130 Aircraft Commander. While on active duty he completed pilot instructor training, academic instructor training, and basic, sea and jungle survival school. After seminary Dennis was re-commissioned in the Air Force Reserve as a Chaplain, served as the Senior Chaplain of the 136th Tactical Airlift Wing/Texas Air National Guard, and retired from the Reserve in 1998 as a Lieutenant Colonel. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim May 19, 2013 as "DENNIS WILKINSON APPRECIATION DAY" in the City of Coppell, Texas. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of May 2013. _______________________________ Karen Selbo Hunt, Mayor ATTEST: ________________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1018 File ID: Type: Status: 2013-1018 Agenda Item Passed 1Version: Reference: In Control: Administration 04/24/2013File Created: 05/14/2013Final Action: Proclamation - Motorcycle Safety & Awareness MonthFile Name: Title: Consider approval of a proclamation naming May 2013 as “Motorcycle Safety & Awareness Month,” and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 7. Sponsors: Enactment Date: Proclamation Motorcycle Safety & Awareness Month 2013.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 PassApproved05/14/2013City Council Mayor Hunt read the proclamation for the record and presented the same to The Weasels Motorcycle Riding Club. A motion was made by Councilmember Gary Roden, 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, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1018 Title Consider approval of a proclamation naming May 2013 as “Motorcycle Safety & Awareness Month,” and authorizing the Mayor to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1018) Staff Recommendation: Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, the safe operation of a motorcycle requires the use of special skills developed through a combination of training and expertise, the use of good judgment, plus a thorough knowledge of traffic laws and licensing requirements; and WHEREAS, with the onset of warmer weather the number of motorcycles on our streets and highways will increase dramatically; and WHEREAS, motorcyclists and motorcycle interest groups continue to demonstrate support for motorcycle safety programs offered for both beginner and advanced riders; and WHEREAS, during the month of May, motorcycle organizations nationwide will hold various events to promote motorcycles safety and awareness with the hope of raising public awareness of motorcycling and motorcycle riders, not for just one specially designated month, but throughout the year as well. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim May 2013 as "MOTORCYCLE SAFETY & AWARENESS MONTH" in the City of Coppell, Texas. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of May 2013. _______________________________ Karen Selbo Hunt, Mayor ATTEST: ________________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1024 File ID: Type: Status: 2013-1024 Agenda Item Passed 1Version: Reference: In Control: Administration 04/25/2013File Created: 05/14/2013Final Action: Proclamation - Lupus Awareness Month in CoppellFile Name: Title: Consider approval of a proclamation naming the month of May as “Lupus Awareness Month in Coppell,” and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 8. Sponsors: Enactment Date: Proclamation - Lupus Awareness Month in Coppell 2013.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 PassApproved05/14/2013City Council Mayor Hunt read the proclamation for the record and presented the same to Saundra Finley, Vicki Henderson and Adrienne Kohlenberg. A motion was made by Councilmember Wes Mays, 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, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1024 Title Consider approval of a proclamation naming the month of May as “Lupus Awareness Month in Coppell,” and authorizing the Mayor to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1024) Staff Recommendation: Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, each year, the Lupus Foundation of America designates May as National Lupus Awareness Month to show support for the estimated 1.5 million Americans who have lupus each year; and WHEREAS, lupus is an unpredictable and misunderstood autoimmune disease that ravages different parts of the body. Lupus is difficult to diagnose, hard to live with, and a challenge to treat; and WHEREAS, each year, the Lupus Foundation of America designates May as National Lupus Awareness Month to show support for the estimated 1.5 million Americans who have lupus; and WHEREAS, lupus can affect any part of the body, including the skin, lungs, heart, kidneys, and brain; no organ is spared. The disease can cause seizures, strokes, heart attacks, miscarriages, and organ failure; and WHEREAS, lupus can be particularly difficult to diagnose because its symptoms are similar to those of many other illnesses, and major gaps exist in understanding the causes and consequences of lupus. More than half of all people with lupus take four or more years and visit three or more doctors before obtaining a correct diagnosis; and WHEREAS, while lupus strikes mostly women of childbearing age, no one is safe from lupus. African Americans, Hispanics/Latinos, Asians and Native Americans are two to three times more likely to develop lupus - a disparity that remains unexplained. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim the month of May as "LUPUS AWARENESS MONTH IN COPPELL" and urge each of our citizens to observe this month by educating themselves on the symptoms and impact of lupus, and to join with the North Texas Chapter of the Lupus Foundation of America in supporting programs of research, education, and community service. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 14th day of May 2013. ____________________________ Karen Selbo Hunt, Mayor ATTEST: _________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1025 File ID: Type: Status: 2013-1025 Agenda Item Passed 1Version: Reference: In Control: Administration 04/25/2013File Created: 05/14/2013Final Action: Proclamation - Military AppointmentsFile Name: Title: Consider approval of proclamations congratulating Coppell students on their appointments to military academies, and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 9. Sponsors: Enactment Date: Proclamation Carter Ryan West.pdf, Proclamation Tyler Michael Jones.pdf, Proclamation Joshua Lee Self.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 PassApproved05/14/2013City Council Mayor Hunt read the proclamation for the record and presented the same to Tyler Jones, Carter West and Joshua Self. A motion was made by Councilmember Billy Faught, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1025 Title Consider approval of proclamations congratulating Coppell students on their appointments to military academies, and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1025) Fiscal Impact: Staff Recommendation: Tyler Michael Jones - Air Force Academy Joshua Lee Self - Air Force Academy Carter Ryan West - Naval Academy Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, Carter Ryan West has received an appointment to the Naval Academy; and WHEREAS, Carter has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Carter for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Carter as a citizen and wish to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the city of Coppell, do hereby congratulate Carter Ryan West on his appointment to the Naval Academy and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2013. _________________________________ Karen Selbo Hunt, Mayor ATTEST: ___________________________ Christel Pettinos, City Secretary PROCLAMATION WHEREAS, Tyler Michael Jones has received an appointment to the Air Force Academy; and WHEREAS, Tyler has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Tyler for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Tyler as a citizen and wish to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the city of Coppell, do hereby congratulate Tyler Michael Jones on his appointment to the Air Force Academy and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2013. _________________________________ Karen Selbo Hunt, Mayor ATTEST: ___________________________ Christel Pettinos, City Secretary PROCLAMATION WHEREAS, Joshua Lee Self has received an appointment to the Air Force Academy; and WHEREAS, Joshua has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Joshua for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Joshua as a citizen and wish to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the city of Coppell, do hereby congratulate Joshua Lee Self on his appointment to the Air Force Academy and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2013. _________________________________ Karen Selbo Hunt, Mayor ATTEST: ___________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1042 File ID: Type: Status: 2013-1042 Agenda Item Passed 1Version: Reference: In Control: City Secretary 05/01/2013File Created: 05/14/2013Final Action: Older Americans MonthFile Name: Title: Consider approval of a proclamation recognizing the month of May as “Older Americans Month 2013,” and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 10. 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 PassApproved05/14/2013City Council Mayor Hunt read the proclamation for the record and presented the same to Mary Joyner, Executive Director of Senior Adult Services. A motion was made by Councilmember Billy Faught, seconded by Mayor Pro Tem Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1042 Title Consider approval of a proclamation recognizing the month of May as “Older Americans Month 2013,” and authorizing the Mayor to sign. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1042) Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, the City of Coppell is home to citizens aged 60 and older; and WHEREAS, Senior Adult Services is committed to helping these individuals maintain their independence and quality of life; and WHEREAS, the older adults in the City of Coppell have an important role in sharing knowledge, wisdom and understanding of the history of our community through interactions with citizens of all ages; and WHEREAS, the fruit of knowledge and experience can be effectively transferred from generation to generation through meaningful social interactions; and WHEREAS, elder residents enrich the lives of family, friends and neighbors; and WHEREAS, our community can provide opportunities to: • Emphasize the value of including older adults in public and family life; • Create opportunities for all generations to interact; • Provide services and support systems that allow elders to participate in social activities in the community; NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell and on behalf of the Coppell City Council, do hereby proclaim May 2013 as “OLDER AMERICANS MONTH” in the city of Coppell. We urge our citizens to take time to engage with older residents through social interactions, games and play. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May, 2013. _________________________________________ Karen Selbo Hhunt, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1044 File ID: Type: Status: 2013-1044 Agenda Item Passed 2Version: Reference: In Control: Fire 05/03/2013File Created: 05/14/2013Final Action: Donate Life MonthFile Name: Title: Consider approval of a proclamation naming the month of April 2013 “National Donate Life Month” and authorizing the mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 11. Sponsors: Enactment Date: Donate Life Proclamation 2013.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 PassApproved05/14/2013City Council Mayor Hunt read the proclamation for the record and presented the same to Todd Storch. 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, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1044 Title Consider approval of a proclamation naming the month of April 2013 “National Donate Life Month” and authorizing the mayor to sign. Summary City of Coppell’s Taylor Storch, who passed away at the age of 13 while skiing on vacation; her parents decided to donate her organs. Taylor’s organs have made an extraordinary difference for five people in need, who now live full and healthy lives; and inspired by the restorative impact of the decision to donate, the Storch Family established The Taylor’s Gift Foundation to increase organ Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1044) donation to Regift Life, Renew Health and Restore Families by increasing organ donor registries and helping those touched by organ donation in the United States. Coppell citizens are encouraged to learn the facts about organ and tissue donation, consider signing up for the State's registry, and talk to family and friends about their decision. Information and resources about how to get involved are available at www.TaylorsGift.org Fiscal Impact: Staff Recommendation: Approval Recommended. Goal Icon: Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, An estimated 11,000 individuals living in the State of Texas are waiting for an organ transplant and a new patient is added every 10 minutes to the waiting list. WHEREAS, Coppell’s Taylor Storch, who passed away at the age of 13 while skiing on vacation; her parents decided to donate her organs. Taylor’s organs have made an extraordinary difference for five people in need, who now live full and healthy lives; and WHEREAS, Inspired by the restorative impact of the decision to donate, the Storch Family established The Taylor’s Gift Foundation to increase organ donation to Regift Life, Renew Health and Restore Families by increasing organ donor registries and helping those touched by organ donation in the United States. WHEREAS, Most people can be donors, and the need is great. Coppell citizens are encouraged to learn the facts about organ and tissue donation, consider signing up for the State's registry, and talk to family and friends about their decision. Information and resources about how to get involved are available at www.TaylorsGift.org. WHEREAS, Together, we can respond to the donor shortage that keeps thousands of patients from getting life-saving care. Let us mark this month by rededicating ourselves to that task, standing with donors and their families, and igniting hope for those in need. NOW, THEREFORE, I, Karen Hunt, Mayor of the City of Coppell, do hereby proclaim the month of April 2013 as “National Donate Life Month” IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this ___________ day of May 2013. _____________________________________ Karen Selbo Hunt, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1058 File ID: Type: Status: 2013-1058 Agenda Item Passed 1Version: Reference: In Control: Police 05/07/2013File Created: 05/14/2013Final Action: National Police Week 2013File Name: Title: Consider approval of a proclamation naming the week of May 12 - 18, 2013, as “National Police Week,” and designating May 15, 2013, as “National Police Officers’ Memorial Day;” and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 12. 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 PassApproved05/14/2013City Council Mayor Hunt read the proclamation for the record and presented the same to Police Chief Mac Tristan. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. The next Agenda Item was Item 6. See Item 6 for action notes. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1058 Title Consider approval of a proclamation naming the week of May 12 - 18, 2013, as “National Police Week,” and designating May 15, 2013, as “National Police Officers’ Memorial Day;” and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1058) Summary Fiscal Impact: Staff Recommendation: Approval Recommended. Goal Icon: Sustainable City Government Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Proclamation WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police Week; and WHEREAS, the members of the of the Coppell Police Department play an essential role in safeguarding the rights and freedoms of the City of Coppell; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the public by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the members of the of the Coppell Police Department have through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty; and WHEREAS, the Coppell Police Department has grown to be a progressive, creative problem solving law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE, I, Karen Hunt, Mayor of the City of Coppell, do hereby proclaim May 15, 2013 as “National Police Officers’ Memorial Day” And the week of May 12th – 18th as National Police Week in the City of Coppell, Dallas County, Texas, and urge all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together for the common good. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ___________ day of May 2013. ____________________________________ Karen Selbo Hunt, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1035 File ID: Type: Status: 2013-1035 Presentation Presented 1Version: Reference: In Control: City Secretary 04/30/2013File Created: 05/14/2013Final Action: Leadership CoppellFile Name: Title: Graduation ceremony for Leadership Coppell Class of 2013. Notes: Agenda Date: 05/14/2013 Agenda Number: 13. 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 Presented05/14/2013City Council Presented Mayor Hunt and Sharon Logan presented certificates to the 2013 Graduating Class of Leadership Coppell. Action Text: Text of Legislative File 2013-1035 Title Graduation ceremony for Leadership Coppell Class of 2013. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1035) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1039 File ID: Type: Status: 2013-1039 Agenda Item Passed 1Version: Reference: In Control: City Secretary 05/01/2013File Created: 05/14/2013Final Action: MinutesFile Name: Title: Consider approval of minutes: April 23, 2013. Notes: Agenda Date: 05/14/2013 Agenda Number: A. Sponsors: Enactment Date: 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 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1039 Title Consider approval of minutes: April 23, 2013. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1039) Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, April 23, 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;Gary Roden;Marvin Franklin and Aaron Duncan Present 6 - Wes Mays and Billy FaughtAbsent2 - 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, April 23, 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 Executive Session at 5:49 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects south of Houston Street and west of S. Coppell Road. Discussed under Executive Session Page 1City of Coppell, Texas April 23, 2013City Council Minutes Section 551.071, Texas Government Code Consultation with City Attorney to seek legal advice and Section 551.072, Texas Government Code Deliberation regarding Real Property. B.Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:51 p.m. and convened into the Work Session. A.Discussion regarding the Oncor Agreement on Sandy Lake Road. B.Update on Joint Radio System. C.Discussion regarding Possible Joint Dispatch Project. D.Discussion regarding Council Retreat. E.Discussion of Agenda Items. Presented in Work Session Regular Session (Open to the Public) Mayor Hunt adjourned the Work Session at 7:25 p.m. and opened the Regular Session. At this time, Councilmember Faught arrived at the meeting. Karen Hunt;Tim Brancheau;Bob Mahalik;Gary Roden;Billy Faught;Marvin Franklin and Aaron Duncan Present 7 - Wes MaysAbsent1 - Invocation 7:30 p.m.4. Pastor Trey Grant with Irving Bible Church gave the Invocation. Pledge of Allegiance5. Mayor Hunt led those present in the Pledge of Allegiance. 6.Presentation of an award to the Coppell Aquatic and Recreation Center from Ellis & Associates as the recipient of the 2012 Platinum International Aquatic Safety Award. Steve Miller, with Ellis & Associates, presented the 2012 Platinum International Aquatic Safety Award to the Coppell Aquatic and Recreation Center and staff members Kristen Bright and Nathan Cox. 7.Consider approval of a proclamation naming Monday, April 29, 2013 as “Wilson Elementary Day in Coppell,” and authorizing the Mayor to sign. Page 2City of Coppell, Texas April 23, 2013City Council Minutes Mayor Hunt read the proclamation into the record and presented the same to Mr. Nester, Ms. Madden and Wilson Elementary staff members. 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. Aye:Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan 6 - Citizens’ Appearance8. Mayor Hunt advised that no one signed up to speak. Consent Agenda9. A.Consider approval of minutes: April 9, 2013. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that Agenda Items A-E be approved on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - B.Consider approval of entering into an agreement with TxDOT for maintenance and electric costs associated with lighting along State Highway 121, and acknowledgement that the yearly cost to the City of Coppell will be approximately $13,600.00; and authorizing the City Manager to sign and execute any necessary documents. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that Agenda Items A-E be approved on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - C.Consider approval of accepting the resignation of John Boyd from the Library Advisory Board and appointing Adrienne Morton to fill the unexpired term. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that Agenda Items A-E be approved on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Page 3City of Coppell, Texas April 23, 2013City Council Minutes D.Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that Agenda Items A-E be approved on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-1338 E.Consider approval of the dedication of an easement along West Sandy Lake Road to Oncor Electric Delivery Company, LLC for the future installation of an electric transmission line; and authorizing the Mayor to sign and execute any necessary documents. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that Agenda Items A-E be approved on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - End of Consent Agenda 10.Discuss and consider approving a Development Agreement and Economic Development Grant between the City of Coppell and CSE Commercial Real Estate, L.P. and authorize the City Manager and Mayor to sign all appropriate and necessary agreements and instruments related thereto. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 11.Discuss and consider authorizing City Manager to negotiate and execute a purchase and sale agreement; and, authorize the City Manager and Mayor to execute any and all necessary agreements and instruments related thereto, for the transfer of all or a portion of Lots 1 through 5, Block A of the Villages of Old Coppell Addition and a portion of Lot 1, Block A of the Grapevine Springs Community Center, Page 4City of Coppell, Texas April 23, 2013City Council Minutes approximately 7.944 acres of land, to the Coppell Economic Development Foundation. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. 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. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - 12.Consider approval of a surface use agreement by and between Luminant, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land at Northlake; and, authorizing the City Manager to sign and execute all necessary documents. Presentation: City Attorney Robert Hager read the Resolution into the record and presented the information to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0423.1 13.Consider approval of settlement and release agreement by and between Luminant and Coppell concerning property located at Northlake; and, authorizing the City Manager to sign. Presentation: City Attorney Robert Hager read the Resolution into the record and presented the information to Council. A motion was made by Councilmember Bob Mahalik, seconded by Mayor Pro Tem Tim Brancheau, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0423.2 14.Consider approval of a land purchase agreement by and between the City of Coppell and Luminant for the purchase of dam property, pump station and pad site, approximately 56.049± acres of land generally located at the eastern boundary of Northlake; and, authorizing the City Page 5City of Coppell, Texas April 23, 2013City Council Minutes Manager to sign and execute other necessary documents. Presentation: City Attorney Robert Hager read the Resolution into the record and presented the information to Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Gary Roden, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0423.3 15.Consider approval of Amended and Restated Northlake Settlement Agreement by and between the City of Coppell and Cypress Waters Land A, Ltd. concerning property located at Northlake; and, authorizing the City Manager to sign. Presentation: City Attorney Robert Hager read the Resolution into the record and presented the information to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0423.4 16.Consider approval of grant of temporary access easement and a water line easement to Cypress Waters Land A, Ltd. on the North Sliver Tract and East Tract, respectively, located at Northlake; and, authorizing the Mayor to sign. Presentation: City Attorney Robert Hager read the Resolution into the record and presented the information to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0423.5 17.Consider approval of a release agreement by and between Oncor and the City of Coppell concerning release of any easement rights over a portion of city owned property located at Northlake; and, authorizing the Mayor to sign. Page 6City of Coppell, Texas April 23, 2013City Council Minutes Presentation: City Attorney Robert Hager read the Resolution into the record and presented the information to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0423.6 18.Consider approval of grant of easement to Oncor for transmission and distribution lines over city owned property located at Northlake; and, authorizing the Mayor to sign. Presentation: City Attorney Robert Hager read the Resolution into the record and presented the information to Council. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:6 - Enactment No: 2013-0423.7 City Manager Reports19. Project Updates and Future Agendas. Read and Filed City Manager Clay Phillips reminded Council of their 5th Tuesday Work Session on April 30th in the 2nd Floor Conference Room. He also mentioned that while Mr. Hager brought forward some resolutions at this meeting pertaining to Northlake, additional items will be coming forward pertaining to the lake edge. Mayor and Council Reports20. A.Report by Mayor Hunt regarding Bounce! Read and Filed Mayor Hunt reported that Bounce is just around the corner on May 11th. Activities will include: Bounce Houses galore, a live band - Moving Colors (current upbeat pop), Face Painting, Balloon Artists, Free Hotdogs (first come first serve) and tons of recreational and health vendors from Coppell. The time is from 10am – 2pm. It will be tons of fun – Don’t miss out! Page 7City of Coppell, Texas April 23, 2013City Council Minutes Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 21. Councilmember Franklin reported that the Metrocrest Social Services Annual Keyholder's Breakfast was held on April 23rd. Councilmember Mahalik congratulated the CHS Boys' Soccer Team on their win at state. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 22. Mayor Hunt announced that Relay for Life will be held on April 27th at Wagon Wheel Park. Also on Saturday evening, The Chamber will host the Coppell Community Gala. For tickets, contact the Coppell Chamber. Necessary Action from Executive Session23. Nothing to report. Adjournment There being no further business before the Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 8City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1019 File ID: Type: Status: 2013-1019 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 04/25/2013File Created: 05/14/2013Final Action: PD-221R8-HC, ORD Duke Lesley Addition (Hotel & Conf Ctr)(REVISED) File Name: Title: Consider approval of an Ordinance for Case No. PD-221R8-HC, Duke Lesley Addition (Hotel & Conference Center) (REVISED), a zoning change from PD-221R2-HC (Planned Development-221-Revision 2-Highway Commercial) to PD-221R8-HC (Planned Development-221-Revision 8-Highway Commercial), to attach a Detail Site Plan on 5.0 acres to allow the development of a hotel and a conference center to be located on the east side of Point West Boulevard, approximately 225 feet north of IH 635 and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: B. Sponsors: Enactment Date: 05/14/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A-Legal Description.pdf, Exhibit B-Site Plan.pdf, Exhibit C-Fire Lane Extension Exhibit.pdf, Exhibit D-Architectual Site Plan.pdf, Exhibit E-Landscape Plan (2 pages).pdf, Exhibit F-Paving Color Exhibit.pdf, Exhibit G-Elevations (2 pages).pdf, Exhibit H-Renderings (2 pages).pdf Attachments: Enactment Number: 91500-A-621 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 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1019) Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1019 Title Consider approval of an Ordinance for Case No. PD-221R8-HC, Duke Lesley Addition (Hotel & Conference Center) (REVISED), a zoning change from PD-221R2-HC (Planned Development-221-Revision 2-Highway Commercial) to PD-221R8-HC (Planned Development-221-Revision 8-Highway Commercial), to attach a Detail Site Plan on 5.0 acres to allow the development of a hotel and a conference center to be located on the east side of Point West Boulevard, approximately 225 feet north of IH 635 and authorizing the Mayor to sign. Summary Staff Recommendation: On April 9, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On March 21, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners, Pritzlaff, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Community Wellness and Enrichment Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc The appl square fo Analysis On April On Marc rezoning Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L May 1 ce: Consi attach confer Boule Busin Comm ction: licant desire oot restauran s: l 9, 2013 Cou ch 21, 2013 P request. eview: Attorney re mpact: mendation: nning Depart ments: ce with attac r and City C L. Sieb, Dire 14, 2013 ider approva h a Detail Si rence center evard, approx ness Prospe munity es to constru nt, and a 9,80 uncil unanim Planning & Z eviewed this tment recom hments MEM Council ector of Plan al of an Ord ite Plan to r on 5.0 ac x. 225 ft. nor erity, Com uct a six-stor 00 square foo mously appro Zoning Com ordinance. mmends Appr 1 MORANDU nning inance to es allow the de cres of land rth of IH 635 mmunity W ry, 157 room ot conferenc oved this rez mmission una roval UM stablish PD evelopment d located t 5 Wellness an m hotel (4-P ce center. zoning reque animously re D-221R8-HC of a hotel, the east sid nd Enrichm Points by Sh est. ecommended , Duke Lesl restaurant a e of Point ment, Sens heraton), a 2 d approval o ley to and a West se of 2,200 of this TM 60433 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 ZONING CHANGE REQUEST FROM PD-221R2-HC (PLANNED DEVELOPMENT-221-REVISION 2-HIGHWAY COMMERCIAL) TO PD-221R8-HC (PLANNED DEVELOPMENT-221- REVISION 8-HIGHWAY COMMERCIAL), TO ATTACH A DETAIL SITE PLAN ON 5.0 ACRES TO ALLOW THE DEVELOPMENT OF A HOTEL AND A CONFERENCE CENTER TO BE LOCATED ON THE EAST SIDE OF POINT WEST BOULEVARD, APPROXIMATELY 225 FEET NORTH OF IH 635, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE THAT SITE PLAN, FIRE LANE EXTENSION EXHIBIT, ARCHITECTURAL SITE PLAN, LANDSCAPE PLAN, PAVING COLORS EXHIBIT, BUILDING ELEVATIONS AND COLOR RENDERINGS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, “F”, “G” AND “H” RESPECTIVELY; 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 PD-221R8-HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in from PD-221R2-HC (Planned Development- 221-Revision 2-Highway Commercial) to PD-221R8-HC (Planned Development-221-Revision TM 60433 8-Highway Commercial), to attach a Detail Site Plan on 5.0 acres to allow the development of a hotel and a conference center to be located on the east side of Point West Boulevard, approximately 225 feet north of IH 635 and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only as permitted in a Highway Commercial District, as provided in the Comprehensive Zoning Ordinances except as amended herein, and in accordance with following development conditions as set forth herein below; A) Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-453 that is incorporated herein as set forth in full and hereby republished. B) Driveway into the parking lot to the north will be restricted access with a gate or fence with knox box (or Fire Department equivalent) and used only when emergency use or over-flow parking is needed based upon event parking demands. C) Construction of all hotel, conference center and attended structure shall be designed and constructed as a single project. D) A tree removal permit will be required prior to removal of trees for creation of a left turn lane off Beltline Road. SECTION 3. That Site Plan, Fire Lane Extension Exhibit, Architectural Site Plan, Landscape Plan, Paving Colors Exhibit, Building Elevations and Color Renderings, attached here to as Exhibits “B” “C”, “D”, “E”, “F”, “G” and “H” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. TM 60433 SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Highway Commercial District regulations of the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. TM 60433 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 (REH/mpm) A0COPPELL CONFERENCECENTER AND HOTELCOMPLEXISSUE DATE03/26/2013ARCHITECTURAL SITE PLANSHEET No:SCHEMATIC DESIGNDIVIDEND DRIVE AND POINT WESTBOULEVARD, COPPELL, TX, 75019,REVISIONS333ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY AND THE PROPERTY OF ONE GROUP DESIGN, L.P. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF ONE GROUP DESIGN, L.P. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506 UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF 1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREIN MAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT APPLICATION.PROJECT NUMBER :PLANNORTHMONUMENT SIGN FIRE RISER FIRE ALARM PANEL 6 FT. HIGH MASONRY SCREEN WALL WITH HYDRAULIC LIMESTONE FINISH, COLOR TO MATCH BUILDING CORRIDORCORRIDORCORRIDORLOADING ZONE 010'20'40' WATER FEATURE FIRE RISER FIRE ALARM PANEL PREFUNCTION PREFUNCTIONVEST. WOMEN MEN WOMENMEN CONVENTION SPACE SERVICE AREA KITCHENSTORAGE ELECT. / DATA MECH. WOMENMEN VESTIBULE BAR / RESTAURANT PREP. BAR / RESTAURANT COVERED PATIO HOTEL LOBBY GAME AREA POOL DECK PANTRY COURTYARD STORAGE ELEV. LOBBY EXERCISE DBLE/QUEEN ROOM DEEP KING ROOM KING ROOM KING ROOM DBLE/QUEEN ROOM DEEP KING ROOM KING ROOM KING ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM DBLE/QUEEN ROOM POOL EQUIP REST.VEST.VEST.VEST. OFFICE LAUNDRY FIRE PUMP EMPLOYEE BREAK AREA ELECT. / DATA MECHANICAL OFFICE STORAGE GARDEN COVERED PATIO DEEP KING ROOM DEEP KING ROOM DATA RAISED LAWN / ACTIVITY AREA N GROUND FLOOR PLAN NOTE: 1) - CONSTRUCTION OF ALL STRUCTURES WILL BE UNDERTAKEN AT THE SAME TIME. 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PROJECT NAMEISSUE DATE xx/xx/xxxx PROJ. No:SCHEMATIC DESIGNTHE DOCUMENT IS RELEASED UNDER THE LICENSE OF GARY MURPHREE, ARCHITECT, STATE OF TEXAS LICENSE #11638 THIS DOCUMENT IS FOR REVIEW AND REFERENCE ONLY.ADDRESS, CITY, STATE, XXXXX,XXXNOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION.SHEET No:/Volumes/Architecture/Projects_Architecture/333 COP • 4-Points Hotel, Coppell/333 CONTRACT DOCUMENT/333 CONSTRUCTION DRAWINGS/Archicad 16/333 COP FourPoints_Convention_02.pln | 3/12/13 | 10:18 AM1 Paving Colors DARK GRAY STAINED AND STAMPED CONCRETE RED CONCRETE PAVERS, TO MATCH BASE BRICK LIGHT GRAY STAINED AND SCORED CONCRETE A1COPPELL CONFERENCECENTER AND HOTELCOMPLEXISSUE DATE11/12/2012BUILDING ELEVATIONSSHEET No:DESIGN DEVELOPMENT - 01LOT 2 BLOCK C, DIVIDEND DRIVE & POINTWEST BOULEVARD, COPPELL, TEXAS, 75019,REVISIONSCOP 333ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY AND THE PROPERTY OF ONE GROUP DESIGN, L.P. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF ONE GROUP DESIGN, L.P. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506 UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF 1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREIN MAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT APPLICATION.PROJECT NUMBER :#DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID 0" 12' 22' 32' 42' 52' 62' 74'-9 1/2" GROUND FLOORGROUND FLOOR TOP OF PYLON LOWER PARAPET UPPER PARAPET TOP OF PYLON 2ND FLOOR 3RD FLOOR 4TH FLOOR TOP OF PYLON SOFFIT HEIGHTSOFFIT HEIGHT BOTTOM OF CANOPY 5TH FLOOR 6TH FLOOR 0" 9'-9" 14' 20' 30'-6" 62' 74'-9 1/2" 3'-4 3/4" 1' 2'-1"COPPELL CONFERENCE CENTERCOPPELL CONFERENCE CENTER #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID 12' 22' 32' 42' 52' 62' 74'-9 1/2"12 4 GROUND FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR SOFFIT HEIGHT 12 9 ENTRY UPPER PARAPET TOP OF PYLON LOWER PARAPET 5TH FLOOR 6TH FLOOR 12 4 TOP OF PYLON 10' 17'-4" 10' 14' 20' 30'-6" 0" 12' 22' 32' 42' 52' 62' 74'-9 1/2" 0" 12' 22' 32' 42' 52' 62' 74'-9 1/2" GROUND FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR SOFFIT HIGHT TOP OF PYLON 5TH FLOOR 6TH FLOOR GROUND FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR SOFFIT HIGHT TOP OF PYLON 5TH FLOOR 6TH FLOOR N SCALE: 1/16" = 1'-0"1 WEST ELEVATION SCALE: 1/16" = 1'-0"3 NORTH ELEVATION SCALE: 1/16" = 1'-0"2 WEST ELEVATION SIGN "A-1" BUILDING ELEVATION KEY PLAN 㽟 㽡 㽢 BUILDING SIGN KEY PLAN 㽠 NOTE : ALL BUILDING SIGNS ARE INTERNALLY ILLUMINATED CHANNEL LETTERS FACADE MASONRY PERCENTAGE KEY PLAN NOTE: 1) - CONSTRUCTION OF ALL STRUCTURES WILL BE UNDERTAKEN AT THE SAME TIME. SIGN "A-1" BOTTOM OF SIGN - 27 FT. ACTUAL SIGN AREA - 107 SQ.FT. ALLOWED SIGN AREA - 138 SQ.FT. MASONRY - 80.0% GLAZING - 1.6% MASONRY - 96.0% GLAZING - 21.0% MASONRY - 98.4% GLAZING - 7.2% MASONRY - 98.3% GLAZING - 26.2% MASONRY - 100.0% GLAZING - 0.0% MASONRY - 99.8% GLAZING - 32.6% SIGN "B-1" BOTTOM OF SIGN - 42 FT. ACTUAL SIGN AREA - 95 SQ.FT. ALLOWED SIGN AREA - 91 SQ.FT. + (28' X 4 SQ.FT.) = 203 SQ.FT. FONT - TREBUCHET MS REGULAR WATER FEATURE SIGN "B-1" WATER FEATURE SIGN "B-1" BOTTOM OF SIGN - 42 FT. ACTUAL SIGN AREA - 95 SQ.FT. ALLOWED SIGN AREA - 91 SQ.FT. + (28' X 4 SQ.FT.) = 203 SQ.FT. FONT - TREBUCHET MS REGULAR A B A B FACADE "B2" FACADE "B3" FACADE "A3" FACADE "B1" FACADE "A1" FACADE "A2" FACADE "A1" FACADE "A2" FACADE "A3" FACADE "B1" FACADE "B2" FACADE "B3" PERCENTAGE OF FACADE MASONRY A2COPPELL CONFERENCECENTER AND HOTELCOMPLEXISSUE DATE11/12/2012BUILDING ELEVATIONSSHEET No:DESIGN DEVELOPMENT - 01LOT 2 BLOCK C, DIVIDEND DRIVE & POINTWEST BOULEVARD, COPPELL, TEXAS, 75019,REVISIONSCOP 333ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY AND THE PROPERTY OF ONE GROUP DESIGN, L.P. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF ONE GROUP DESIGN, L.P. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506 UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF 1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREIN MAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT APPLICATION.PROJECT NUMBER :#DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID GROUND FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR TOP OF PYLON SOFFIT HEIGHT 12 4 12 9 LOWER PARAPET UPPER PARAPET TOP OF PYLON 5TH FLOOR 6TH FLOOR 0" 12'-0" 22'-0" 32'-0" 42'-0" 52'-0" 62'-0" 74'-9 1/2" 14'-0" 20'-0" 30'-6" #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID #DrgID #LayID 6'-6" 4" 1'-0"8"3'-4"4'1'-6"COPPELL CONFERENCE CENTER PLAN BUILDING UPLIGHT FINISH 4 ROOF MATERIAL, TAMKO RUSTIC BLACK FINISH 2 FINISH 1 ALUMINUM WINDOWS, PREFINISHED WHITE, WITH INTERGRAL PTAC LOUVRE ALUMINUM AND GLASS STOREFRONT FINISH 1, BRICK BAND FINISH 3 COPPELL CONFERENCE CENTERCOPPELL CONFERENCE CENTER 5'2'2'CONFERENCE CENTER4 POINTSCONFERENCE CENTER4 POINTS HOTEL12 4 0" 12' 22' 32' 42' 52' 62' 74'-9 1/2" 0" 12' 22' 32' 42' 52' 62' 74'-9 1/2" GROUND FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR SOFFIT HIGHT TOP OF PYLON GROUND FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR SOFFIT HIGHT TOP OF PYLON 5TH FLOOR 6TH FLOOR 5TH FLOOR 6TH FLOOR 12 4 N SCALE: 1/16" = 1'-0"1 SOUTH ELEVATION SCALE: 3/8" = 1'-0" MONUMENT SIGNS SCALE: 3/8" = 1'-0" DIRECTIONAL SIGNS SCALE: 1/16" = 1'-0"8 EAST ELEVATION SIGN "A-1" "A" "D1" HYDROLIC APPLIED LIMESTONE TO MATCH BUILDING COLOR BRICK BASE, ACME CRANBERRY BACK LIT REVERSE CHANNEL LETTERS, TYPICAL "D2" "D2" BUILDING ELEVATION KEY PLAN BUILDING SIGN KEY PLAN MONUMENT SIGN KEY PLAN 㽟 㽠 A SCALE : 1/8" = 1'-0" FACADE MATERIAL CALL-OUT SIGN AREA : 26 SQ.FT.D1 D2 FACADE MATERIAL SCHEDULE FINISH 1 - ACME BRICK, COLOR - CRANBERRY FINISH 2 - ACME BRICK, COLOR - RIDGEMAR FINISH 3 - HYDROLIC APPLIED LIMESTONE, COLOR - TO MATCH ACME BRICK - RIDGEMAR FINISH 4 - METAL ROOF, COLOR - TO MATCH ACME BRICK - RIDGMAR NOTE: 1) - CONSTRUCTION OF ALL STRUCTURES WILL BE UNDERTAKEN AT THE SAME TIME. SIGN "B-1"A B ⡴ A B COLOR SITE ELEVATIONS 1 LOT 2 BLOCK C, DIVIDEND DRIVE & POINT WEST BOULEVARD, COPPELL, TEXAS, 75019, DESIGN DEVELOPMENT - 01 REVISIONS ISSUE DATE : 2/20/13 COPPELL CONFERENCE CENTER AND HOTEL COMPLEX COP 333 ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY AND THE PROPERTY OF ONE GROUP DESIGN, L.P. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF ONE GROUP DESIGN, L.P. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506 UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF 1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREIN MAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT APPLICATION. THE DOCUMENT IS RELEASED UNDER THE LICENSE OF GARY MURPHREE, ARCHITECT, STATE OF TEXAS LICENSE #11638 THIS DOCUMENT IS FOR REVIEW AND REFERENCE ONLY. PROJECT NUMBER :NE Architecture Interior Design 2311 Texas Drive Irving, TX 75062 972 255 9464 ph 972 255 9795 fax SHEET No:JOB NUMBERDRAWN BY:ISSUE DATE:SHEET TITLEG R O U P DESIGN, L.P.REVISIONS:NE Architecture Interior Design 2311 Texas Drive Irving, TX 75062 972 255 9464 ph 972 255 9795 fax SHEET No:JOB NUMBERDRAWN BY:ISSUE DATE:SHEET TITLEG R O U P DESIGN, L.P.REVISIONS:COPPELL CONFERENCE CENTERCOPPELL CONFERENCE CENTER 12 4 12 9 12 4 SCALE: 1" = 20'1 WEST ELEVATION SCALE: 1" = 20'2 NORTH ELEVATION COLOR SITE ELEVATIONS 2 LOT 2 BLOCK C, DIVIDEND DRIVE & POINT WEST BOULEVARD, COPPELL, TEXAS, 75019, DESIGN DEVELOPMENT - 01 REVISIONS ISSUE DATE : 2/20/13 COPPELL CONFERENCE CENTER AND HOTEL COMPLEX COP 333 ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY AND THE PROPERTY OF ONE GROUP DESIGN, L.P. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF ONE GROUP DESIGN, L.P. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506 UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF 1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREIN MAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT APPLICATION. THE DOCUMENT IS RELEASED UNDER THE LICENSE OF GARY MURPHREE, ARCHITECT, STATE OF TEXAS LICENSE #11638 THIS DOCUMENT IS FOR REVIEW AND REFERENCE ONLY. PROJECT NUMBER :NE Architecture Interior Design 2311 Texas Drive Irving, TX 75062 972 255 9464 ph 972 255 9795 fax SHEET No:JOB NUMBERDRAWN BY:ISSUE DATE:SHEET TITLEG R O U P DESIGN, L.P.REVISIONS:NE Architecture Interior Design 2311 Texas Drive Irving, TX 75062 972 255 9464 ph 972 255 9795 fax SHEET No:JOB NUMBERDRAWN BY:ISSUE DATE:SHEET TITLEG R O U P DESIGN, L.P.REVISIONS:12 4 12 4 SCALE: 1" = 20'1 EAST ELEVATION SCALE: 1" = 20'2 SOUTH ELEVATION Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1020 File ID: Type: Status: 2013-1020 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 04/25/2013File Created: 05/14/2013Final Action: PD-261-RBN, ORD Belmont LandingFile Name: Title: Consider approval of an Ordinance for Case No. PD-261-RBN, Belmont Landing, a zoning change from C (Commercial) to PD-261-RBN (Planned Development 261-Residential Urban Neighborhood ), for the development of 55 single-family residences and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: C. Sponsors: Enactment Date: 05/14/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A -Legal Description.pdf, Exhibit B - Detail Site Plan.pdf, Exhibit C - Landscape Plan.pdf Attachments: Enactment Number: 91500-A-622 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 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1020 Title Consider approval of an Ordinance for Case No. PD-261-RBN, Belmont Landing, a zoning change from C (Commercial) to PD-261-RBN (Planned Development 261-Residential Urban Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1020) Neighborhood), for the development of 55 single-family residences and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard and authorizing the Mayor to sign. Summary Staff Recommendation: On April 9, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On March 21, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners, Pritzlaff, 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 12/28/2017 To: From: Date: Referenc 2030: Introduc This prop average l designate Analysis On April On Marc rezoning Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L May 1 ce: Consi develo 15.18 approx Sense ction: posal is for 5 lot size is 6 ed as commo s: l 9, 2013 Cou ch 21, 2013 P request. eview: Attorney re mpact: mendation: nning Depart ments: ce with attac r and City C L. Sieb, Dire 14, 2013 ider approva opment of 5 acres of p ximately 450 e of Commu 55 homes on ,820 square on open spac uncil unanim Planning & Z eviewed this tment recom hments MEM Council ector of Plan al of an Ord 55 single-fam property loc 0 feet west o unity, Specia n 11.3 net ac feet. Appr ce. mously appro Zoning Com ordinance . mmends Appr 1 MORANDU nning dinance for P mily residen cated on the of South Ma al Place to L cres (4.9 du/ roximately 3 oved this rez mmission una roval UM PD-261-RBN nces and thr e south sid acArthur Bou Live /ac). All lot 3.8 acres (24 zoning reque animously re N, Belmont ree (3) comm de of East B ulevard. ts will be fro 4% of the gr est. ecommended t Landing fo mon area lo Belt Line R ont entry, an ross land are d approval o or the ots on Road, nd the ea) is of this 1 TM60432 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 C (COMMERCIAL) TO PD-261-RBN (PLANNED DEVELOPMENT 261- RESIDENTIAL URBAN NEIGHBORHOOD), FOR THE DEVELOPMENT OF 55 SINGLE-FAMILY RESIDENCES AND THREE (3) COMMON AREA LOTS ON 15.18 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF EAST BELT LINE ROAD, APPROXIMATELY 450 FEET WEST OF SOUTH MACARTHUR BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, AND LANSDCAPE PLAN WITH WALL ELEVATIONS ATTACHED HERETO AS EXHIBITS “B” AND “C” 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- 261-RBN 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 C (Commercial) to PD-261-RBN (Planned Development 261-Residential Urban Neighborhood), for the development of 55 single-family residences and three (3) common area lots on 15.18 acres of property 2 TM60432 located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard as described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-261-RBN (Planned Development-261-Residential Urban Neighborhood) is hereby approved subject to the following development regulations: A. Use regulations 1. A building or premise shall be used only for the following purposes: i. Any use permitted in the "RBN" district, as provided in the Coppell Code of Ordinances, except as amended herein. ii. Home occupation, as defined in the Coppell Code of Ordinances, as amended. B. Maximum height regulations - The maximum height shall be 35 feet nor more than two and one-half stories high, whichever is less. C. Area regulations, exclusive of the common area lots (Lots 1X, 2X and 3X). 1. Minimum size of yards as shown on the Detail Site Plan, Exhibit “B” of this Ordinance, and as provided herein: i. Front porches may encroach into the front yard five (5) feet, but shall not be closer than ten (10) feet to the right-of-way line, and shall have a minimum depth of six (6) feet. ii. All garages doors shall be setback a minimum of 22 feet from the property line. a) No more than two (2) garage doors shall face the street. b) Each garage door shall be a stained wood door or a metal door simulated to appear as a stained wooden door. iii. Side yard setbacks shall be a minimum of five (5) feet, except such side yard shall have a minimum of ten (10) feet adjacent to a street. iv. Rear yard setbacks shall be a minimum of 15 feet, except lots 13-29, Block A as shown on Detail Site Plan, Exhibit “B” of this Ordinance. 2. Lot areas shall be as shown on the Detail Site Plan, Exhibit “B” of this Ordinance and are required with the following: i. Lot width shall be a minimum of 55 feet. ii. Lot depth shall be a minimum of 100 feet. 3 TM60432 D. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways and porches. E. Maximum lot coverage: no more than 60 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. F. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. 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 except: i. The predominate building elevation facing Belt Line Road shall be 95% masonry, being lots 1 and 2; Block A and Lot 1 and 2, Block B. 2. Each single family dwelling shall contain at least three of the following architectural elements: dormers, gables, recessed entries, covered porches, cupolas or towers, pillars or post, eaves, bay windows, or decorative patterns on exterior finishes. G. Homeowners Association 1. The Homeowners Association shall maintain all common areas, walls and fencing within the Common Area Lots (Lots 1X, 2X and 3X) and along the rear lines of the lots when adjacent to a common area. 2. Fencing and walls shall be provided by the builder as shown on the Detail Site Plan, attached hereto as Exhibit “B”. 3. The emergency access drive within common area Lot 1X shall be constructed of enhanced paving such as stamped concrete with mountable curb and continuous sidewalk, and shall be maintained by the HOA. 4. Common Area Lots (Lot 1X, 2X and 3X) shall be landscaped in accordance with the Landscape Plan attached hereto as Exhibit “C” . i. Lot 1X and 2X shall be irrigated by a fully automatic irrigation system. ii. Lot 3X shall be temporarily be irrigated until the tree established and in a healthy growing condition. 4 TM60432 5. Homeowners Association documents shall be submitted, reviewed and approved by the City in accordance with the Code of Ordinances. H. Curbs – mountable or roll curbs shall be permitted, with a minimum 30 foot back-to- back within the 50 foot of right-of-way. I. Alleys shall not be constructed within this development J. Each lot shall have a minimum of plant and maintain at least one shade or overstory tree within the front yard. K. Park Development Fees in the amount of $1,285 per lot shall be assessed and paid prior to the filing of the Final Plat. L. Sidewalks along Belt Line Road shall be extended to connect to the commercial development east of the site. M. A deceleration lane shall be constructed by the developer from eastbound on E. Belt Line Road to accommodate the eastbound traffic into this subdivision. N. A median opening in Belt Line Road shall be constructed by the developer to serve Preakness Lane by the developer. O. License Agreement approved by City Council after approval by the Planning Director and the City Engineer shall be entered into with the city for the maintenance of the on- street parking areas. All on street parking for areas designated on the detailed site plan shall be designed, constructed and maintained in accordance with the RBN district regulations based on generally accepted Planning and Engineering design principles. SECTION 3. That the property shall be developed and used in accordance with the RBN (Residential Urban Neighborhood ) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Detail Site Plan and Landscape Plan with Wall Elevations attached hereto as Exhibits “B” and “C”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. 5 TM60432 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($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. 6 TM60432 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) Exhibit “A”    LEGAL DESCRIPTION 15.18 ACRES BEING a 15.18 acre tract of land situated in the John C. Cook Survey. Abstract Number 315, City of Coppell Dallas County, Texas, and being part of that called 65.7731 net acre tract of land described in Correction Special Warranty Deed to Billingsley Cornell Capital L.P. as recorded in Volume 200151, Page 12330 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.) and part of that called 5.88 acre tract of land described in Correction Special Warranty Deed to Crow-Billingsley MacArthur, Ltd., as recorded in Volume 86029, Page 2261 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and being more particularly described as follows BEGINNING at a point on the south right-of-way line of Belt Line Rd. (a variable width right-of-way) for the common northeast corner of said 5.88 acre tract and northeast corner of said 65.7731 acre tract from which an “X-cut” found for witness bears South 56 degrees 37 minutes 41 seconds West a distance of 0.19 feet, and from said corner a 5/8-inch iron rod found for witness bears North 83 degrees 33 minutes 40 seconds West, a distance of 18.97 feet, said point for corner also being the northwest corner of Tract A-R, Valley Ranch Plaza Addition, an addition to the City of Coppell as recorded in Volume 97135, Page 2395, D.R.D.C.T.; THENCE South 00 degrees 31 minutes 15 seconds East, departing said south right-of-way line and along the common east lines of said 65.7731 acre tract and said 5.88 acre tract and the west line of said Tract A- R, Valley Ranch Plaza Addition, a distance 97.74 feet to An “X”-cut set for corner; THENCE South 00 degrees 22 minutes 42 seconds East, continuing along said common line passing at a distance of 380.42 feet the southeast corner of said 5.88 acre tract, and continuing along said common line, passing at a cumulative distance of 504.90 feet the common southwest corner of said Tract A-R, Valley Ranch Plaza Addition and the northwest corner of that tract of land described in General Warranty Deed to Triland/Northsted Joint Venture, as recorded in Volume 82118, Page 212 D.R.D.C.T., and continuing along said common east lines and the west line of said Triland/Northsted Joint venture tract, in all a total distance of 650.88 feet to a ½-inch iron rod with a yellow plastic cap stamped “HALFF” (hereinafter referred to as “with cap”) set for the southeast corner of the herein described tract; THENCE departing said common line and over and across said 65.7731 acre tract and generally near the toe of a graded slope the following courses and distances: South 89 degrees 42 minutes 16 seconds West, a distance 394.13 feet to the beginning of a non- tangent circular curve to the right having a radius of 849.45 feet, whose chord bears North 80 degrees 29 minutes 19 seconds West, a distance of 284.40 feet to a ½-inch iron rod with cap set for corner. Northwesterly, along said curve, through a central angle of 19 degrees 16 minutes 25 seconds, an arc distance of 285.75 feet to a ½-inch iron rod with cap set for corner; North 47 degrees 59 minutes 14 seconds West, a distance of 162.21 feet to a ½-inch iron rod with cap set for corner; Exhibit “A”    North 59 degrees 23 minutes 02 seconds West, a distance of 540.41 feet to a ½-inch iron rod with cap set for corner; North 28 degrees 22 minutes 11 seconds West, a distance of 144.81 feet to a ½-inch iron rod with cap set for corner on the south line of that tract of land described in Deed to Dallas Power & Light Company, as recorded in Volume 4594, Page 300, D.R.D.C.T. from which a ½-inch iron rod with cap found for corner bears South 88 degrees 46 minutes 22 seconds West, a distance of 194.96 feet; THENCE North 88 degrees 46 minutes 22 seconds East, along said south line, a distance of 785.86 feet to a ½-inch iron rod with cap set for corner; THENCE North 29 degrees 21 minutes 17 seconds East, along the east line of said Dallas Power & Light tract, passing at a distance of 0.82 feet the southwest corner of said 5.88 acre tract, and continuing along the common said east line of Dallas Power & Light tract and the west line of said 5.88 acre tract, in all a total distance of 233.34 feet to a ½-inch iron rod with cap set for corner on the common said south right- of-way line of Belt Line Road and north line of said 65.7731 acre tract same being the northwest corner of said 5.88 acre tract; THENCE South 86 degrees 14 minutes 17 seconds East, along said common line, a distance of 424.73 feet to the POINT OF BEGINNING AND CONTAINING 661.408 square feet or 15.18 gross acres of land more or less; ΔP:\Projects LDD\12061\12061P-DSP.dwg, 12061-DSP, 4/1/2013 8:37:09 AM, tsyost, Dowdey, Anderson & Associates, Inc., TSY SHEETPLATE NO.:DRAWNDESIGNCHECKEDDATESCALEJOBREVISED:STATE REGISTRATION NUMBER: F-39911120611"=50'02-18-2013MWATSYMWAJOHN C. COOK SURVEY, ABSTRACT 3153CITY OF COPPELL, DALLAS COUNTY, TEXASGRAPHIC SCALE150505050LEGAL DESCRIPTIONBEING a 15.18 acre tract of land situated in the John C. Cook Survey. Abstract Number 315, City ofCoppell Dallas County, Texas, and being part of that called 65.7731 net acre tract of land described inCorrection Special Warranty Deed to Billingsley Cornell Capital L.P. as recorded in Volume 200151, Page12330 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.) and part of that called 5.88acre tract of land described in Correction Special Warranty Deed to Crow-Billingsley MacArthur, Ltd., asrecorded in Volume 86029, Page 2261 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), andbeing more particularly described as followsBEGINNING at a point on the south right-of-way line of Belt Line Rd. (a variable width right-of-way) for thecommon northeast corner of said 5.88 acre tract and northeast corner of said 65.7731 acre tract from whichan “X-cut” found for witness bears South 56 degrees 37 minutes 41 seconds West a distance of 0.19 feet,and from said corner a 5/8-inch iron rod found for witness bears North 83 degrees 33 minutes 40 secondsWest, a distance of 18.97 feet, said point for corner also being the northwest corner of Tract A-R, ValleyRanch Plaza Addition, an addition to the City of Coppell as recorded in Volume 97135, Page 2395,D.R.D.C.T.;THENCE South 00 degrees 31 min. 15 seconds East, departing said south right-of-way line and along thecommon east lines of said 65.7731 acre tract and said 5.88 acre tract and the west line of said Tract A-R,Valley Ranch Plaza Addition, a distance 97.74 feet to An “X”-cut set for corner;THENCE South 00 degrees 22 minutes 42 seconds East, continuing along said common line passing at adistance of 380.42 feet the southeast corner of said 5.88 acre tract, and continuing along said common line,passing at a cumulative distance of 504.90 feet the common southwest corner of said Tract A-R, ValleyRanch Plaza Addition and the northwest corner of that tract of land described in General Warranty Deed toTriland/Northsted Joint Venture, as recorded in Volume 82118, Page 212 D.R.D.C.T., and continuing alongsaid common east lines and the west line of said Triland/Northsted Joint venture tract, in all a total distanceof 650.88 feet to a ½-inch iron rod with a yellow plastic cap stamped “HALFF” (hereinafter referred to as“with cap”) set for the southeast corner of the herein described tract;THENCE departing said common line and over and across said 65.7731 acre tract and generally near thetoe of a graded slope the following courses and distances:South 89 degrees 42 minutes 16 seconds West, a distance 394.13 feet to the beginning of anon-tangent circular curve to the right having a radius of 849.45 feet, whose chord bears North 80degrees 29 minutes 19 seconds West, a distance of 284.40 feet to a ½-inch iron rod with cap set forcorner.Northwesterly, along said curve, through a central angle of 19 degrees 16 minutes 25 seconds, anarc distance of 285.75 feet to an ½-inch iron rod with cap set for corner;North 47 degrees 59 minutes 14 seconds West, a distance of 162.21 feet to a ½-inch iron rod withcap set for corner;North 59 degrees 23 minutes 02 seconds West, a distance of 540.41 feet to a ½-inch iron rod withcap set for corner;North 28 degrees 22 minutes 11 seconds West, a distance of 144.81 feet to a ½-inch iron rod withcap set for corner on the south line of that tract of land described in Deed to Dallas Power & LightCompany, as recorded in Volume 4594, Page 300, D.R.D.C.T. from which a ½-inch iron rod with capfound for corner bears South 88 degrees 46 minutes 22 seconds West, a distance of 194.96 feet;THENCE North 88 degrees 46 minutes 22 seconds East, along said south line, a distance of 785.86 feet toa ½-inch iron rod with cap set for corner;THENCE North 29 degrees 21 minutes 17 seconds East, along the east line of said Dallas Power & Lighttract, passing at a distance of 0.82 feet the southwest corner of said 5.88 acre tract, and continuing alongthe common said east line of Dallas Power & Light tract and the west line of said 5.88 acre tract, in all atotal distance of 233.34 feet to a ½-inch iron rod with cap set for corner on the common said southright-of-way line of Belt Line Road and north line of said 65.7731 acre tract same being the northwestcorner of said 5.88 acre tract;THENCE South 86 degrees 14 minutes 17 seconds East, along said common line, a distance of 424.73feet to the POINT OF BEGINNING AND CONTAINING 661.408 square feet or 15.18 gross acres of landmore or less;NORTHLOCATIONSITEAPRIL 01, 2013 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1021 File ID: Type: Status: 2013-1021 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 04/25/2013File Created: 05/14/2013Final Action: S-1022R2-R, ORD McDonald'sFile Name: Title: Consider approval of an Ordinance for Case No. S-1022R2-R, McDonald’s, a zoning change from S -1022-Retail (Special Use Permit-1022-Retail) to S-1022R2-R (Special Use Permit-1022 Revision 2-Retail), to permit the addition of a second drive -thru lane, order board, reconfiguration of the parking lot layout, changes to the exterior elevations and signage package on approximately 0.9 acres of property located at 125 South Denton Tap Road and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: D. Sponsors: Enactment Date: 05/14/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A - Legal Description.PDF, Exhibit B - Site Plan.PDF, Exhibit C - Landscape Plan.pdf, Exhibit D - Elevations (2 Pages).pdf, Exhibit E - Details (4 Pages).pdf Attachments: Enactment Number: 91500-A-623 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 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1021 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1021) Consider approval of an Ordinance for Case No. S-1022R2-R, McDonald’s, a zoning change from S-1022-Retail (Special Use Permit-1022-Retail) to S-1022R2-R (Special Use Permit-1022 Revision 2-Retail), to permit the addition of a second drive -thru lane, order board, reconfiguration of the parking lot layout, changes to the exterior elevations and signage package on approximately 0.9 acres of property located at 125 South Denton Tap Road and authorizing the Mayor to sign. Summary Staff Recommendation: On April 9, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On March 21, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners, Pritzlaff, 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 12/28/2017 To: From: Date: Referenc 2030: Introduc The appl renovatio addition changes t Analysis On Apri revisions On Marc rezoning Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L May 1 ce: An Or secon chang of pro Busin ction: icant desires ons have be of a second to the exterio s: il 9, 2013 C s that have be ch 21, 2013 P request. eview: Attorney re mpact: mendation: nning Depart ments: ce with attac r and City C L. Sieb, Dire 14, 2013 rdinance est d drive-thru ges to the ext operty locate ness Prosper s to renovate een approve d drive-thru or elevations Council una een incorpor Planning & Z eviewed this tment recom hments MEM Council ector of Plan tablishing S- u lane, orde terior elevati ed at 125 Sou rity, Sense o e both the int ed administ u lane, order s and signag animously a rated into the Zoning Com ordinance. mmends Appr 1 MORANDU nning -1022R2-R, r board, rec ions and sign uth Denton T of Commun terior and ex ratively thro r board, rec ge require an approved thi e Ordinance mmission una roval UM McDonald’ configuration nage packag Tap Road. nity xterior of the ough the b configuration n amendment is rezoning e. animously re s, to permit n of the pa ge on approx e building. W building perm n of the pa t to the Spec request, su ecommended the addition arking lot la ximately 0.9 While the int mit process arking lot la cial Use Perm ubject to va d approval o n of a ayout, acres terior s, the ayout, mit. arious of this TM 60519 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 ZONING CHANGE REQUEST FROM S-1022-RETAIL (SPECIAL USE PERMIT-1022-RETAIL) TO S-1022R2-R (SPECIAL USE PERMIT-1022 REVISION 2-RETAIL), TO PERMIT THE ADDITION OF A SECOND DRIVE-THRU LANE, ORDER BOARD, RECONFIGURATION OF THE PARKING LOT LAYOUT, CHANGES TO THE EXTERIOR ELEVATIONS AND SIGNAGE PACKAGE ON APPROXIMATELY 0.9 ACRES OF PROPERTY LOCATED AT 125 SOUTH DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS AND DETAIL SHEETS ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E” RESPECTIVELY; 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 S-1022R2-R 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 S-1022-Retail (Special Use Permit- 1022-Retail) to S-1022R2-R (Special Use Permit-1022 Revision 2-Retail), to permit the addition of a second drive-thru lane, order board, reconfiguration of the parking lot layout, changes to the TM 60519 exterior elevations and signage package on approximately 0.9 acres of property located at 125 South Denton Tap Road, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only as permitted in a Retail District and in accordance with following development conditions as set forth herein below; A) Except as amended herein, the property shall be used and developed in accordance with Ordinance 91500-A-50 that is incorporated herein as set forth in full and hereby republished. B) The northern drive-thru lane, located closest to the residential property line (2nd lane), shall be closed from 11:00 p.m. to 5:00 a.m., 7 days a week. C) Red/green lighting or signage shall be used to indicate closed/opened drive-thru lanes. D) The audio and speaker system and order point for the northern and southern drive-thru shall be oriented and directed eastward and parallel to Denton Tap Road as depicted on the Site Plan Exhibit B E) The audio and speaker systems for both drive-thru lanes shall be metered with decibel- regulated volume levels in accordance with the following: a. When outside ambient noise is greater than or equal to 45 dB, the sound level of the drive-thru speaker shall be no greater than 48 dB (measured 4 feet from the speaker). b. When outside ambient noise is less than 45 dB, the sound level of the drive-thru speaker shall be no greater than 24 dB (measured at 72.3 feet to the west of the audio and speaker system as depicted on Exhibit “B”). F) The new monument sign, as depicted on the detail sheet attached and incorporated herein as Exhibit “E”, will be designed in accordance with the Comprehensive Zoning Ordinance. G) The two order point canopy designs, as reflected in Exhibit “B” through Exhibit “E”, shall be limited to a brown or grey color to match the building and the support columns TM 60519 shall be wrapped in either brick or stone to meet the masonry requirement of the Comprehensive Zoning Ordinance. H) Landscaping shall be installed in the area northwest of the northern drive-thru as depicted on Exhibits “B” and “C”. I) The (3) three-foot median shall be extended 15 feet to the north as depicted on Exhibits “B” and “C”. J) Additional landscaping shall be added along the west side of the drive; said landscaping shall include approved plant palette vegetation as provided in the Comprehensive Zoning Ordinance as depicted on Exhibit “C”. SECTION 3. That the Site Plan, Landscape Plan, Building Elevations, and Detail Sheet, attached hereto as Exhibits “B”, “C”, “D” and “E” respectively, and made a part hereof for all purposes as special conditions, are hereby approved and incorporated herein. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Retail 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 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. TM 60519 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 ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) SIGNED/SEALED ON 03/05/13513 MAIN STREET, SUITE 200FORT WORTH, TEXAS 76102817.820.0433 o 817.705.3387 c1 03/05/13 CITY COMMENTS File Name: Prepared By:Date: Eng: Customer: Location: McDONALD’S 04/10/13 CM 119144 - CUSTOM FLAT-TOP OHC - Note: Color output may not be exact when viewing or printing this drawing. All colors used are PMS or the closest CMYK equivalent. If these colors are incorrect, please provide the correct PMS match and a revision to this drawing will be made.700 21st Street Southwest PO Box 210 Watertown, SD 57201-0210 1 (800) 843-9888 • www.personasigns.com DISTRIBUTED BY SIGN UP COMPANY COPPELL, TX NOTE: Elevation drawings are for customer approval only, drawings are not to be used as any installation guide, all dimensions must be verified before installation. ELEVATION SCALE: ½” = 1’-0” 4'-5 15/16" SLOPE 8 3/8"6"7'-10" 9'-4"7'-0"10'-9 1/16"FRONT VIEW ORDER VIEW *NOTE: STONE FACADE & TOPPER C CITYSCAPE BY METAL ERA OLOR TO MATCH BUILDING DESIGN Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1022 File ID: Type: Status: 2013-1022 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 04/25/2013File Created: 05/14/2013Final Action: S-1137R3-SF-12, ORD First United Methodist Church of Coppell, Lot 1R, Blk 1 File Name: Title: Consider approval of an Ordinance for Case No . S-1137R3-SF-12, First United Methodist Church, Lot 1R, Block 1, a zoning change from S-1137R2-SF-12 (Special Use Permit-1137 Revision 2-Single Family-12) to S-1137R3-SF-12 (Special Use Permit-1137 Revision 3-Single Family-12), to allow for the addition of a canopy at the entrance on the west elevation of the church on approximately 4.8 acres of property located at 420 S Heartz Road and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: E. Sponsors: Enactment Date: 05/14/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A - Legal Description.pdf, Exhibit B - Site Plan.pdf, Exhibit C - Column Detail.pdf, Exhibit D - Canopy Section.pdf, Exhibit E - Canopy Frame Elevation.pdf Attachments: Enactment Number: 91500-A-624 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 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1022 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1022) Title Consider approval of an Ordinance for Case No . S-1137R3-SF-12, First United Methodist Church, Lot 1R, Block 1, a zoning change from S-1137R2-SF-12 (Special Use Permit-1137 Revision 2-Single Family-12) to S-1137R3-SF-12 (Special Use Permit-1137 Revision 3-Single Family-12), to allow for the addition of a canopy at the entrance on the west elevation of the church on approximately 4.8 acres of property located at 420 S Heartz Road and authorizing the Mayor to sign. Summary Staff Recommendation: On April 9, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On March 21, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0). Commissioners, Pritzlaff, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This prop church. Analysis On April On Marc rezoning Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L May 1 ce: Consi Metho entran proper Comm Live ction: posal to allo s: l 9, 2013 Cou ch 21, 2013 P request. eview: Attorney re mpact: mendation: nning Depart ments: ce with attac r and City C L. Sieb, Dire 14, 2013 ider approva odist Church nce on the rty located a munity Wel ow for the ad uncil unanim Planning & Z eviewed this tment recom hments MEM Council ector of Plan al of an Ord h, Lot 1R, B west elevat at 420 S Hea lness & Enr ddition of a mously appro Zoning Com ordinance. mmends Appr 1 MORANDU nning dinance for C Block 1, to a tion of the artz Road. richment, S canopy at t oved this rez mmission una roval UM Case No. S- allow for the church on Sense of Com the entrance zoning reque animously re -1137R3-SF e addition of approximat mmunity, Sp on the west est. ecommended -12, First U f a canopy a ely 4.8 acr pecial Place t elevation o d approval o United at the es of e to of the of this TM 60430 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 ZONING CHANGE REQUEST FROM S-1137R2-SF-12 (SPECIAL USE PERMIT-1137 REVISION 2-SINGLE FAMILY-12) TO S- 1137R3-SF-12 (SPECIAL USE PERMIT-1137 REVISION 3-SINGLE FAMILY-12), TO ALLOW FOR THE ADDITION OF A CANOPY AT THE ENTRANCE ON THE WEST ELEVATION OF THE CHURCH ON APPROXIMATELY 4.8 ACRES OF PROPERTY LOCATED AT 420 S HEARTZ ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, COLUMN DETAIL, CANOPY SECTION AND CANOPY FRAME ELEVATION ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E” RESPECTIVELY; 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 S-1137R2-SF-12 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 S-1137R2-SF-12 (Special Use Permit-1137 Revision 2-Single Family-12) to S-1137R3-SF-12 (Special Use Permit-1137 Revision 3-Single Family-12), to allow for the addition of a canopy at the entrance on the west TM 60430 elevation of an institutional building [church] on approximately 4.8 acres of property located at 420 S Heartz Road and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only as permitted in a Single Famiy-12 District and in accordance with following development conditions as set forth herein below; A) Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-295 that is incorporated herein as set forth in full and hereby republished. B) The canopy shall be constructed in accordance with the Exhibits “B” through “E” attached hereto. SECTION 3. That the Site Plan, Column Detail, Canopy Section and Canopy Frame Elevation, attached hereto as Exhibits “B”, “C”, “D” and “E” respectively, and made a part hereof for all purposes as special conditions, 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 Office and Retail 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 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. TM 60430 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 ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) 26’ 4” 28’ 26’ min. PROPOSED CANOPY ADDITIONFirst United Methodist Church 28'-0"26'-4"14'-6"8'-512"5'-1"Existing Buildingat Door EntranceCOLUMNDETAIL SPANCOBUILDING SYSTEMS 7850 EL DORADOAUSTIN, TEXAS 78737512-394-1500 (OFFICE)866-383-7558 (FAX)THE DESIGNS AND DRAWINGS ONTHIS PAGE ARE THE PROPERTY OFSPANCO BUILDING SYSTEMS.THEY MAY NOT BE COPIED ORDISTRIBUTED FOR USE WITHOUTWRITTEN PERMISSION.COPPELL, TEXAS PORTE-COCHERE FIRST UNITED METHODIST CHURCH SPANCO BUILDING SYSTEMS STRUCTURAL FRAMEWest Entrance Canopy (Showing Doors)23'-6"W10X22W10X22BASE PLATE12x12X7/8"4 EA. 6X3/4"HILTI EPOXYANCHORSWELD-PLATES10X10X1/2"STANDARDROUND PIPE8" DIA.ANGLE 3X3X3/16"BASE PLATE12X12X7/8"WELD-PLATES10X8X1/2"ANGLE 3X3X3/16"STANDARDROUND PIPE8" DIA.0'-8"0'-514"26'-4"8'-0"8'-0"0'-10"0'-8"2'-6"0'-8"2'-6"2'-6"BOTTOMOF STEP512.62TOP OFSTEP515.25TOP OFCANOPY526.25R40'-9"11'-0"0'-6"BOTTOMOF STEP512.62TOP OFSTEP515.25TOP OFCANOPY526.2521'-1"HANDRAILTOP OF STEP STEP STEP STEP STEP25'-814"1'-034"TOP OF STEPCANOPYSECTIONSEC-1.1.1 SPANCOBUILDING SYSTEMS 7850 EL DORADOAUSTIN, TEXAS 78737512-394-1500 (OFFICE)866-383-7558 (FAX)THE DESIGNS AND DRAWINGS ONTHIS PAGE ARE THE PROPERTY OFSPANCO BUILDING SYSTEMS.THEY MAY NOT BE COPIED ORDISTRIBUTED FOR USE WITHOUTWRITTEN PERMISSION.COPPELL, TEXAS WEST ENTRANCE CANOPY FIRST UNITED METHODIST CHURCH SPANCO BUILDING SYSTEMS FUMC COPELL ENTRANCE CANOPY14'-6"STRUCTURAL FRAMEW10X22W10X22ANGLE 3X3X3/16"8'-0"28'-0"BASE PLATE12x12X7/8"4 EA. 6X3/4"HILTI EPOXYANCHORS11'-0"25'-3"22'-2"3'-1"2'-9"4'-5"BOTTOMOF STEP512.6212'-6"5'-0"Brick Wrap2'-0"TOP OFSTEP515.25TOP OFCANOPY526.25ExistingEntranceAlcoveExisting Buildingat Door EntranceSideWalkWalkway0'-6"5'-0"CANOPYFRAMEELEVATION SPANCOBUILDING SYSTEMS 7850 EL DORADOAUSTIN, TEXAS 78737512-394-1500 (OFFICE)866-383-7558 (FAX)THE DESIGNS AND DRAWINGS ONTHIS PAGE ARE THE PROPERTY OFSPANCO BUILDING SYSTEMS.THEY MAY NOT BE COPIED ORDISTRIBUTED FOR USE WITHOUTWRITTEN PERMISSION.COPPELL, TEXAS WEST ENTRANCE CANOPY FIRST UNITED METHODIST CHURCH SPANCO BUILDING SYSTEMS Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1026 File ID: Type: Status: 2013-1026 Agenda Item Passed 1Version: Reference: In Control: Engineering 04/26/2013File Created: 05/14/2013Final Action: Interlocal Agreement Denton County Levee DistrictFile Name: Title: Consider approval of an Interlocal Agreement with the Denton County Levee Improvement District No. 1 for storm drain repair and erosion control in Denton Creek; in an amount of $23,500.00 as provided for in the Municipal Drainage Utility District fund; and authorizing the Mayor to sign and execute any necessary documents. Notes: Agenda Date: 05/14/2013 Agenda Number: F. Sponsors: Enactment Date: Interlocal Agreement Denton County Levee District Memo.pdf, Interlocal Agreement Denton County Levee District Exhibit.pdf, Interlocal Agreement Denton County Levee District.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 PassApproved on the Consent Agenda 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1026 Title Consider approval of an Interlocal Agreement with the Denton County Levee Improvement District No. 1 for storm drain repair and erosion control in Denton Creek; in an amount of Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1026) $23,500.00 as provided for in the Municipal Drainage Utility District fund; and authorizing the Mayor to sign and execute any necessary documents. Summary This Interlocal agreement is between the City of Coppell and the Denton County Levee Improvement District No. 1 for the repair of storm drain outfalls and erosion along the levee bank of Denton Creek located between Denton Tap and MacArthur Blvd. Fiscal Impact: Funds are available in the Municipal Drainage Utility District Fund for this agreement. Staff Recommendation: The Engineering Department recommends approval of this Interlocal Agreement. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Reference 2030: Introduct The Vistas subdivisio and MacA Improvem and has de these outfa the headw become co Analysis: The LID constructio responsibl assign an i Legal Rev Agenda ite Fiscal Imp The fiscal Recomme Mayor Kennet May 14 e: Interloc storm d Sustain Excelle ion: s of Coppell n which dis Arthur Blvd ment District etermined th alls on the le walls to begin ompromised hired Halff on project. T e for half t inspector to view: em was revie pact: impact of th endation: and City Co h M. Griffin 4, 2013 cal Agreeme drain repair a nable City Go ent and Well l installed 7 charges into d. The leve No. 1, (LID hat all 7 outf evee bank h n falling int and resultin f Associates, The total co that amount the project t ewed by Bob his Agenda it MEM ouncil n, P.E., Direc ent with the D and erosion c overnment, G -maintained storm drain o Denton Cr ee is mainta D). The LID falls into the as begun to to the creek. ng in more co , Inc. to de ost of the pr , which is $ to ensure pro b Hager on 3 tem is $23,5 1 MORANDU ctor of Engin Denton Cou control in De Goal 3 d City Infrast ns in the late reek through ained and o D performs p e creek have undermine . Without r ostly repairs esign the rep roject is $4 $23,500.00. oper construc 3/14/13. 500. UM neering and unty Levee Im enton Creek tructure and e 90’s to acc h the levee b operated by periodic insp e significant the slope en repairing the in the future pair of thes 7,000 and t The Engin ction. Public Work mprovement k. Facilities commodate t bank betwee y the Dento pections of t erosion. T nd sections o ese structure e. se structures the City of neering Dep ks t District No the drainage en Denton T on County their levee The erosion a of the pipe c es, the levee s and mana Coppell wo partment wi o. 1 for e in the Tap Rd. Levee system around causing e could age the ould be ill also 2 The Engineering Department recommends approval of the agreement with the Denton County Levee Improvement District No. 1. SANDY BELT LINE RDMACARTHUR BLVDMOORE RDPARKWAY BLVD SANDY LAKE RD PARKWAY COPPELL RDBLVD SANDY LAKE RD FREEPORT PKWY.S.H. 121BELTCOPPELL RDI H 635DENTON TAP RDROYAL LNBETHEL RD HEARTZ RDDENTON TAP RDMACARTHUR BLVDS.H. 121 S.H. 121 BELT LINE RDLAKE RD LINE RD DALLAS CITY LIMITCOPPELL CITY LIMITC O P P E L L C I T Y L I M I T IR V I N G C I T Y L IM I T INTERLOCAL AGREEMENT BETWEEN CITY OF COPPELL AND DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO.1 FOR OUTFALL EROSION PROTECTION Created in AutoCAD 2012 1 INCH = 1 MILE 0 W:\GISrojects\Exhibit Location Maps\ACAD\2013 EXHIBITS.dwg \LOCATION MAP Created on: 1 May 2013 by Scott Latta 1/2 1/2 1 AREA REFERENCED BY EXHIBIT 1 INCH = FT. 0 600 600 300 INTERLOCAL AGREEMENT BETWEEN CITY OF COPPELL AND DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO.1 FOR OUTFALL EROSION PROTECTION Created in AutoCAD 2012W:\GISrojects\Exhibit Location Maps\ACAD\2013 EXHIBITS.dwg Created on: 1 May 2013 by Kevin Rubalcaba 2/2 PARKVIEW PL SH 121 E NATCHES TRACE D R N DENTON TAP RDN MOORE RD PROPOSEDOUTFALL RECONSTRUCTION AREA OF PROPOSED OUTFALL EROSION PROTECTION LYNDSIE D R WATE R VI E W D R ROCK C R E S T D R PROPOSED EROSION CONTROL PROPOSEDEROSION CONTROL PROPOSED EROSION CONTROL AREA OF PROPOSED OUTFALL RECONSTRUCTION 7 5 4 3 2 1 6 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1057 File ID: Type: Status: 2013-1057 Agenda Item Passed 1Version: Reference: In Control: Engineering 05/06/2013File Created: 05/14/2013Final Action: Annual Sidewalk Renewal ContractFile Name: Title: Consider approval of a one-year contract with 3D Paving and Contracting, LLC with the option for 4 annual renewals for the annual Sidewalk Replacement Repairs in the amount not to exceed $150,000.00, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Notes: Agenda Date: 05/14/2013 Agenda Number: G. Sponsors: Enactment Date: Annual Sidewalk Renewal Contract Memo.pdf, Annual Sidewalk Renewal Contract Bid Tab.pdf, Annual Sidewalk Renewal Contract Repair List.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 PassApproved on the Consent Agenda 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1057 Title Consider approval of a one-year contract with 3D Paving and Contracting, LLC with the option for 4 annual renewals for the annual Sidewalk Replacement Repairs in the amount not to exceed $150,000.00, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1057) Summary The award of this annual contract will allow the Engineering and Public Works Division to continue the reconstruction of various failed sidewalks throughout the City of Coppell. Fiscal Impact: Funds are budgeted in the Infrastructure Maintenance Fund for this contract. Staff Recommendation: The Engineering Department recommends approval of this annual contract with 3-D Paving and Contracting, LLC. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Reference 2030: Introduct This agen Contractin a well mai Analysis: In order to they becom Maintenan was 3D Pa $150,000.0 repairs. If this con we would Legal Rev The contra Fiscal Imp The fundin Recomme The Engi Contractin Mayor Ken Gr May 14 e: Annual Sustain Excelle ion: da item is b ng, LLC of C intained state o provide a w me damaged nce Fund. On aving and Co 00 yearly, s ntract is not a not meet the view: act template pact: ng for this co endation: ineering De ng, LLC. of C and City Co riffin, P.E., D 4, 2013 l Sidewalk R nable City Go ent and Well being presen Coppell. Thi e. well-mainta d or broken. n April 25, 2 ontracting, L so we can a awarded, our e expectation has previou ontract is pro epartment re Coppell in a MEM ouncil Director of E Replacement overnment, G -maintained nted for app is is a contin ined City in This is an 2013, the Ci LLC. The ac address repa r list of brok ns of the citi sly been rev ovided annu ecommends total amoun 1 MORANDU Engineering Contract Goal 3 d City Infrast proval to en nuation of ou nfrastructure, annual, on-g ity received ctual base bi irs that are ken and dam zens. iewed by Da ally in the In approval nt not to exce UM and Public W tructure and nter into a ur ongoing e , our sidewa going projec three bids fo id was $127 called in af maged sidewa avid Dodd. nfrastructure of this con eed $150,00 Works Facilities contract wit efforts to kee alks require ct funded by for this proje 7,050.00. Ho fter we bid alks will con e Maintenanc ntract with 0.00. th 3D Pavin ep infrastruc replacement y the Infrastr ect. The low owever, we and City in ntinue to gro ce Fund. 3D Pavin ng and cture in t when ructure bidder budget nitiated ow and ng and Stark Built, LTD Overland Services, Inc. DESCRIPTION QTY price extended price extended price extended Sidewalk Failures per s.f. All Quadrants 27,000 $4.65 $125,550.00 $5.25 $141,750.00 $5.38 $145,260.00 Curb Varies by site conditions $30.00 $32.00 $28.00 ADA Ramps / each 2 $750.00 $1,500.00 $900.00 $1,800.00 $1,000.00 $2,000.00 Lead Walk Steps / each Varies by site conditions $50.00 $200.00 $80.00 Meter & V Box Adjust / each Varies by site conditions $100.00 $50.00 $300.00 Adjust Manholes Varies by site conditions $150.00 $100.00 $600.00 TOTAL BID $127,050.00 $143,550.00 $147,260.00 3D Paving and Contracting Sidewalk Pavement Repairs List 2012‐13 (s.f.) Priority Date Address Size Misc. 1 10/8/2012 Alex 269 16 sinking (temp. ramp installed) 1 2/4/2013 Alex 350 160 sinking 1 6/12/2012 Alex 351 44 sinking 1 3/20/2012 Allen Rd 692 100 sinking 1 11/29/2010 Armstrong 726 100 sinking 1 4/17/2012 Armstrong 737 52 sinking at alley entrance on cul de sac 1 10/15/2012 Ashford 616 169 sinking 1 9/24/2012 Aspenway 203 60 sinking 1 10/26/2011 Aspenway 232-240 216 sinking 1 10/4/2012 Barclay 222-226 480 sinking (temp. ramp installed) 1 4/5/2012 Barclay 255 80 sinking 1 6/12/2012 Barclay 258 55 sinking/cracked 1 3/26/2012 Barclay 262 88 sinking to curb 1 5/14/2012 Barclay 317 20 sinking (Bethel School side of 466 Harris-corner lot) 1 10/21/2012 Beechwood (Across from 180 48 sinking/broken across alley entrance 1 12/17/2010 Bethel School/Harris 160 sinking 1 3/14/2012 Bethel School E. 628 32 sinking 1 1/18/2012 Bethel School E. 1001 64 sinking 1 6/9/2011 Bitternut 836 100 sinking (temp. ramp installed) 1 11/14/2011 Bitternut 860-864 204 sinking between houses 1 5/10/2012 Branchwood Trl 125-129 100 sinking (temp. ramp installed) 1 12/27/2011 Brentwood 925 15 sinking 1 8/1/2011 Briarglen 509 80 sinking/broken 1 3/26/2012 Briarglen 637 72 sinking 1 9/9/2011 Brock 317 84 sinking (temp. ramp installed 12/7/11) 1 6/20/2011 Brooks 412 260 sinking at curb 1 10/31/2012 Brushy Creek Trl 312 15 sinking 1 10/1/2012 Brushy Creek Trl 313 20 sinking 1 9/22/2011 Canemount 611 100 sinking/broken 1 10/23/2012 Cardinal 733 40 sinking at curb 1 12/5/2012 Chalfont Pl 866-870 60 sinking going out to curb & between houses 1 7/13/2012 Cheshire 846 52 sinking at curb (temp. ramp installed) 1 1/25/2012 Clifton Ct 614 60 sinking/broken (corner house both sides) 1 4/19/2012 Coats 622 800 sinking at curb 1 2/4/2013 Coats 625 600 sinking from front to alley entrance 1 7/12/2011 Condor 942 60 sinking/cracked 1 10/27/2012 Cooper Ln 523 20 sinking 1 10/31/2012 Copperstone Trl 330 200 sinking 1 2/15/2013 Copperstone Trl 338 20 sinking/broken 1 8/24/2011 Copperstone Trl 418-422 100 sinking 1 9/21/2012 Cove 343 32 sinking 1 6/1/2012 Creekside 106 60 sinking 1 10/18/2011 Crestview Ct 784 40 sinking (temp. ramp installed) 1 2/20/2012 Cribbs 646 112 sinking/broken 1 11/14/2012 Deann 112 160 sinking/broken 1 7/16/2012 Deann 121 172 sinking 1 2/15/2013 Deforest 601 80 sinking (asked if sidewak can be re- routed to save tree) 1 8/24/2012 Deforest 637 120 sinking 1 12/8/2011 Deforest 661 140 sinking handicap ramp 1 4/5/2012 Deforest 673 20 sinking 1 4/9/2012 Delta Ct 235 120 sinking/broken in 3 different areas 1 12/6/2010 Denton Tap (behind 840 Fallkirk)100 sinking/broken 1 11/14/2012 Dillard 416 120 sinking/broken 1 5/22/2012 Dogwood Trl 348 64 sinking out to curb & cracking parallel to street 1 6/23/2011 Dove Cir 704 88 sinking/broken 1 1/12/2013 Edgewood 202 120 sinking 1 10/17/2012 Edgewood 206 248 sinking 1 7/22/2011 Edgewood 250 240 sinking 1 8/23/2012 Edgewood 315 184 sinking (temp. ramp installed) 1 11/15/2011 Falcon 941 80 sinking 1 11/14/2012 Fallkirk 136 60 broken 1 2/16/2011 Fallkirk Ct 844 120 sinking/broken 1 12/8/2010 Fallkirk Ct 848 60 sinking 1 9/4/2012 Forest Hill 636 20 sinking 1 10/24/2011 Forest Ridge 457-461 20 sinking at SE corner Gibbs Crossing & Village Pkwy 1 8/7/2012 Gibbs Crossing 1003 80 add missing sections from intersection west to existing 1 12/10/2010 Glen Lakes @ MacArthur 100 sinking 1 6/22/2012 Grace 512 55 sinking/broken 1 7/25/2011 Greenridge 419 264 sinking (temp. ramp installed) 1 10/23/2011 Greenridge 504-508 60 sinking/cracked entrance between Windham & Kingston 1 11/16/2012 Greenridge 520 284 sinking 1 9/13/2011 Halifax (alley entrance) 20 sinking at curb 1 3/28/2012 Halifax 456 80 sinking 1 6/21/2011 Hampton 414 20 sinking/broken 1 11/22/2011 Harrison 628 155 sinking 1 1/13/2012 Hartford Cir 130 48 sinking (corner lot front & side walks) 1 7/15/2012 Hawk 600 116 sinking 1 3/1/2012 Hawk 614 152 sinking 1 3/1/2012 Heartz S. 420 40 sinking (front & side) 1 10/11/2012 Heather Glen 143 100 sinking (temp. ramp installed) 1 12/10/2012 Heather Glen 221 100 sinking 1 7/19/2012 Highland Meadow Cir 140 100 sinking 1 10/18/2011 Highland Meadow Cir 144 160 sinking/broken 1 11/15/2012 Highland Meadow Cir 159 240 sinking 1 4/19/2011 Hill 113, 117, 121 727 sinking (Contact resident to quote repair of leadwalk) 1 12/7/2012 Hill 221 60 sinking 1 12/7/2012 Hill 225-229 60 sinking 1 10/3/2012 Hollow Ridge Pl 686 80 sinking/broken 2 places 1 6/15/2012 Hood 646 332 sinking/broken 1 9/11/2012 Hunters Ridge Cir 421 320 sinking (also ramp on Parkway corner) 1 1/10/2013 Island Bay 329 30 sinking 1 7/5/2012 Kailey Way 276 170 broken northwest & southwest corners 1 6/18/2008 Kilbridge Ln/Kilbridge Ct 250 sinking/broken across street from address 1 12/6/2010 Kilbridge 828 36 sinking/broken 1 1/23/2013 Kingsridge 124 25 sinking 1 9/12/2012 Kingsridge 133 40 sinking 1 8/27/2012 Kyle 332 16 sinking 1 2/28/2012 Kyle 352 20 sinking (needs handicap ramp) 1 2/28/2012 Kyle 356 32 sinking/broken 1 8/27/2012 Kyle 420 160 broken (close to fire hydrant) 1 4/30/2010 Laguna 954 10 sinking/broken 1 1/9/2012 Lake Park 622 100 sinking/broken 1 10/15/2012 Lakewood Ct 340 45 sinking/broken front & side of corner lot 1 12/10/2012 Leisure Ln 236 120 sinking 1 7/25/2011 Lenten Ct 902 400 sinking/cracked north and south corners at ramp 1 11/29/2011 Lenten Ct 903 140 sinking west side of street N of Tanglewood between Tanglewood & Park Valley 1 2/7/2013 Levee Pl 610 200 Corner lot sinking on Levee & Natches Tr. Side 1 7/13/2012 Lodge 400 sinking/cracked 1 5/6/2012 Lodge 306 40 sinking 1 3/1/2012 Lodge 314 36 sinking (needs to be raised to curb height) 1 11/10/2010 MacArthur/Deforest 4800 add missing sections south on east side of MacArthur 1 6/28/2011 MacArthur/Sandy Lake 2000 sinking (corner lot-in front of house and on Starleaf 1 2/29/2012 MacArthur 277 272 sinking 1 5/25/2012 MacArthur S. 585 508 sinking 1 6/23/2010 Madison 622 225 1 5/11/2010 Mallard 958 40 sinking in front of house (resident says no work was done in 2011) 1 2/7/2011 Mapleleaf 915 64 sinking 1 8/29/2012 Marlee Cir 736 92 sinking 1 11/30/2012 Marlee Cir 740 100 sinking 1 1/26/2012 Meadowglen Cir 702 160 sinking (temp. ramp installed) 1 4/11/2012 Meadowview 522 210 sinking 1 8/21/2012 Meadowview 623 20 broken 1 8/19/2011 Mesquitewood 144 80 sinking/cracking 1 10/4/2011 Mockingbird 212 100 sinking 1 4/22/2012 Mockingbird 232 100 sinking (temp. ramp installed) 1 9/21/2011 Moore 137-139 100 sinking south of the drive (temp. ramp installed) 1 1/13/2012 Moore N. 416 88 sinking (temp. repair done) 1 12/5/2012 Nottingham 649 80 sinking 1 8/7/2012 Nottingham 657 80 sinking 1 8/15/2012 Oriole 735 120 sinking 1 11/21/2011 Park Highlands Ct 624 40 sinking/broken (cut out exposed rebar) 1 6/14/2011 Park Meadow Way 224-228 160 sinking (temp. ramp installed) 1 1/6/2012 Park Valley/Sand Point 100 sinking (void under sidewalk partially filled with dirt) 1 2/28/2010 Parkview 20 sinking/broken on the north side of 320 Morning Mist 1 9/9/2011 Parkview 412 80 sinking/cracked 1 8/4/2012 Parkview 521 120 sinking 1 1/19/2011 Parkway 475-479 288 pad between 475 & 479 1 7/17/2012 Parkway E. 724-728 100 sinking/cracked 1 7/27/2012 Parkwood 430 80 sinking 1 5/17/2012 Pebble Creek 1434 80 sinking 1 7/6/2012 Pecan Hollow350 20 broken at alley entrance 1 11/17/2011 Pecan Hollow 436 55 sinking (temp. raised sidewalk) 1 3/8/2012 Phillips 321 40 sinking (temp. ramp installed) 1 3/8/2012 Phillips 325 160 sinking (temp. ramp installed) 1 7/3/2012 Phillips 349-353 252 sinking 1 6/12/2012 Philips 636 200 sinking 1 8/9/2011 Pinyon 153 40 sinking 1 8/31/2011 Pinyon 258-262 320 sinking/cracked 1 7/18/2011 Pinyon 327 200 sinking/broken 1 3/3/2011 Plantation 217 140 sinking/cracked 1 5/21/2011 Plantation 317 100 sinking 1 9/27/2012 Plantation 409-417 400 sinking 1 10/21/2011 Plantation 412 132 sinking 1 4/19/2012 Raintree 336-340 158 sinking/broken 1 12/29/2011 Raven 112 20 sinking 1 2/17/2012 Raven 124 45 sinking (temp. ramp installed) 1 11/15/2011 Redcedar Way 900 148 sinking/broken 1 8/23/2012 Redcedar Way 950 164 sinking/broken 1 10/17/2012 Sand Point Ct 105 20 sinking 1 8/9/2012 Sea Hawk Ct 408 40 sinking 1 12/19/2012 Shadowcrest 404 72 sinking/broken 1 12/19/2012 Shadowcrest 405 180 sinking/broken 1 4/25/2011 Shadowcrest 416 96 sinking 1 1/26/2012 Shorewood Ct 327 80 broken across driveway 1 7/2/2012 Simmons 185 144 sinking 1 7/27/2011 Simmons 224 256 sinking 1 1/6/2012 Sparrow 724 20 sinking/broken 1 1/6/2012 Sparrow 728 20 sinking next to curb 1 1/4/2013 Sparrow 736 120 sinking 1 9/12/2011 Springoak 321 108 sinking/broken 1 2/19/2013 Spyglass 120 52 sinking 1 10/18/2011 Starleaf 320 sinking west of MacArthur (Utility repair necessary) 1 11/16/2012 Stonecrest 1313 120 sinking 2 areas 1 8/16/2012 Sugarberry 836 240 sinking 1 7/11/2011 Sugarberry 915-917 80 sinking 1 9/24/2011 Suzanne Way 233 80 sinking 1 9/24/2011 Suzanne Way 237 60 sinking 1 9/24/2011 Suzanne Way 241 60 sinking 1 9/24/2011 Suzanne Way 245 60 sinking 1 8/30/2011 Swallow 719 200 sinking 1 8/7/2012 Swallow 751 224 sinking 1 7/13/2012 Tanglewood/Trailwood 50 barrier free ramp on SE corner sinking 1 2/9/2012 Tealwood 279 20 sinking 1 8/1/2011 Tealwood 283 40 sinking 1 8/1/2011 Tealwood 287 20 sinking 1 9/7/2011 Timber Ridge 239-243 340 sinking (temp. patch done by res.) 1 8/10/2011 Timber Ridge 347 324 sinking (2 temp. ramps installed) 1 3/24/2011 Tupelo 649 180 sinking 1 12/28/2011 Tupelo 920 40 sinking 1 1/5/2012 Tupelo 925 45 sinking/broken going to curb 1 4/23/2012 Tupelo 937 64 sinking 1 7/5/2012 Village Pkwy 926 52 sinking/broken 1 5/1/2012 Villawood 701 360 sinking front & side 1 3/30/2012 Villawood 713-717 332 sinking 1 11/30/2012 Villawood 724-728 160 sinking 1 4/20/2011 Wales Ct 482 96 sinking around valve stack 1 4/17/2012 Waterview 352 80 sinking 1 4/22/2012 Waterview 609 40 sinking/cracked 1 6/11/2010 Westminster Way 709 80 sinking 1 8/14/2012 Willow Ridge Ct 722 15 sinking 1 3/18/2011 Winding Hollow 110 60 sinking (Curb repaired in-house) 1 3/23/2012 Woodhurst 227 240 sinking 1 5/3/2011 Woodhurst 310 220 sinking 1 10/6/2011 Woodhurst 328 120 sinking (temp. ramp installed) 1 8/1/2011 Wrenwood 117 56 sinking 1 8/1/2011 Wrenwood 120 80 sinking 1 8/1/2011 Wrenwood 124-128 60 sinking at property line between houses 1 8/1/2011 Wrenwood 125 60 sinking 1 8/1/2011 Wrenwood 132 88 sinking 1 8/1/2011 Wrenwood 133 16 sinking 1 8/1/2011 Wrenwood 136 40 sinking Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1059 File ID: Type: Status: 2013-1059 Agenda Item Passed 1Version: Reference: In Control: Parks and Recreation 05/07/2013File Created: 05/14/2013Final Action: Mega Contractors Change OrderFile Name: Title: Consider approval of Change Order No.1 to MEGA Contractors, Inc., in the amount of $99,711.87, for the addition of soil remediation at The Square at Old Town Coppell construction, and authorizing the City Manager to sign the necessary documents. Notes: Agenda Date: 05/14/2013 Agenda Number: H. Sponsors: Enactment Date: Memo.pdf, Change Order No. 1.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 05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that Agenda Items A-H be approved on the Consent Agenda. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1059 Title Consider approval of Change Order No.1 to MEGA Contractors, Inc., in the amount of $99,711.87, for the addition of soil remediation at The Square at Old Town Coppell construction, and authorizing the City Manager to sign the necessary documents. Summary See attached memo. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1059) Fiscal Impact: Funds will need to be provided by Undesignated General Fund - Fund Balance for this change order. Staff Recommendation: Approval is recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: May 14, 2013 Reference: Consider approval of Change Order #1 to MEGA Contractors, Inc., in the amount of $99,711.87, for the addition of soil remediation at The Square at Old Town Coppell construction, and authorizing the City Manager to sign the necessary documents 2030: Sense of Community Strategy: Goal 2, Successful Community Events and Festivals Special Place to Live Strategy: Goal 3, Revitalizing Neighborhoods Community Wellness and Enrichment Strategy: Goal 1, Community Gathering Places Community Wellness and Enrichment Strategy: Goal 3, Expand Cultural Arts Amenities and Opportunities Business Prosperity Strategy: Goal 3, Old Coppell as a Small Town Village Introduction: The contractor for the improvements within the Square at Old Town Coppell has been halted in their efforts to move forward by a discovered discrepancy in the plans and specifications for the project. The soil conditioning portion of the plans offered more than one solution as to how the contractor should proceed with preparing the soil for the structural elements included in the square. The contractor proceeded without any soil modification, which was contrary to how the project engineer thought it should be done. The contractor was asked to stop the work until clarity could be reached on the issue. The engineer requested that the soil be removed and replaced with select fill per an earlier Geotech Report. The contractor argued that the plans did not properly specify this course of action. Indeed, the referenced Geotech Report was not issued with the bid documents and thus the contractors were not given proper direction as to soil conditioning for the project before the bids were taken. After they were told to halt work, Mega Contractors was asked to provide a cost to follow the Geotech Report and remove existing soil and replace with select fill. After much discussion with the contractor, an agreeable Change Order has been submitted for this work. This change to the contract will allow the removal of approximately 17,000 s.f. of soil, to a depth of 5 to 6 feet, and 2 then refilling with select material as specified in the referenced Geotech Report. The areas to receive this treatment are those under the pavilion, the restroom/storage building, the playground and the interactive water feature. This work will ensure a safety factor for the structural integrity of the valuable amenities to be included in this Square. This is an expense that should have been expected during the project and should have been awarded at the outset if the contractors had been given all the necessary information during the bidding process. Analysis: Mega received several bids from subcontractors for this work. The amount included in this Change Order Number One is the lowest, most responsible bid. Mega has worked on previous projects with the proposed dirt contractor and anticipates the work will resume posthaste once this issue is resolved. Legal Review: Agenda item did not require legal review Fiscal Impact: The fiscal impact of this Agenda item is $99,711.87 Recommendation: The Parks and Recreation Department recommends approval of this Change Order. 911 N. Sylvania Ave., Suite 160 Fort Worth, Texas 76111 Phone: 817-222-0600 Fax: 817-222-0612 www.megacontractorsinc.com CHANGE ORDER # 1 Revision #1 Brad Reid May 8, 2013 City of Coppell Ref: The Square at Old Town Coppell 756 W. Main Coppell, Texas Scope of Work Using Holbrook quote as requested on 5-8-2013. The remediation of the soil in the following areas: the pavilion, the restroom/storage building, the foun tain, and the playground area. Refer to the report for specific parameters for the work. Site Preparation Per Section 4.1 and 5.1 of the geotechnical report dated 05 -20-2010 See attached Earthwork Proposals Subcontractor Cost $91,225.00 Deduct for city dump location less than 2 miles $7,000.00 OH 10 % $8,422.50 Additional Supervision cost 5% $4,632.38 Bond 2.5 % $2,431.99 Total $99,711.87 Add 30 Days for performance. Mega reserves right to claim days of delay at a later date. Dick Hogan 11 Vice President Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1040 File ID: Type: Status: 2013-1040 Agenda Item Passed 1Version: Reference: In Control: City Secretary 05/01/2013File Created: 05/14/2013Final Action: MPTFile Name: Title: Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Notes: Agenda Date: 05/14/2013 Agenda Number: 16. 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 PassApproved05/14/2013City Council A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Bob Mahalik, to nominate Billy Faught as Mayor Pro Tem. The motion passed by an unanimous vote. At this time, Mayor Hunt pulled Agenda Item 28 forward. See Item 28 for action notes. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1040 Title Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1040) 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 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1050 File ID: Type: Status: 2013-1050 Ordinance Passed 1Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Naterra International Public Hearing and OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance designating Naterra International, Inc., Reinvestment Zone No. 70 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 17. Sponsors: Enactment Date: Public Hearing and Ordinance Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: 2013-1339 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 05/14/2013City Council At this time, Mayor Hunt recused herself from Items 17-19 in relation to the filed Conflict of Interest Affidavit. Mayor Pro Tem Faught opened the Public Hearing and advised that no one signed up to speak. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve Agenda Items 17-19. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1050 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1050) Title PUBLIC HEARING: Consider approval of an Ordinance designating Naterra International, Inc., Reinvestment Zone No. 70 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Summary The Public Hearing Notice was published in the Citizens’ Advocate on Friday, May 3, 2013. The public hearing is for the designation of a reinvestment zone for Naterra International, Inc., property described as Gateway Business Park II, Lot 1R, Block B (18.4 acres) and located at the southeast corner of Freeport Parkway and Wrangler Drive. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of an Ordinance designating Naterra International, Inc., Reinvestment Zone No. 70 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Since 1923, Naterra International Inc. has been making exceptional quality beauty and skin care products. Naterra International, Inc. is a leading United States manufacturer and marketer of beauty, baby care and personal care products. Naterra is constructing a 300,000 square foot facility at the southeast corner of Freeport Parkway and Wrangler Drive. This facility will serve as the corporate headquarters and distribution center for Naterra International. They will have approximately 300 employees. Analysis: In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both requirements. The public hearing is held to determine if the improvements in the zone are feasible, practical and of benefit to the land. The public hearing notice was published in the Citizens’ Advocate on Friday, May 3, 2013, as required by Chapter 312 of the Texas Property Code. The 18.4 acre tract of land included within the boundaries of Reinvestment Zone No. 70 is at the southeast corner of Freeport Parkway and Wrangler Drive. The legal description for the property is Lot 1R, Block B of Gateway Business Park II.. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A 2 Recommendation: Economic Development recommends approval. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 14th day of May, 2013, at 7:30 P.M., to consider designation of the property described as Gateway Business Park II, Lot 1R, Block B(18.4 acres), located at the southeast corner of Freeport Parkway and Wrangler Drive, Coppell, Texas, Naterra International, Inc., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate May 3, 2013 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 70 (NATERRA INTERNATIONAL, INC.); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1. The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 70 Naterra International, Inc.” 2 SECTION 3. The property within Reinvestment Zone No. 70 is eligible for commercial- industrial tax abatement effective on January 1, 2013. SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:2-21-12:TM 54089) 3 EXHIBIT “A” Gateway Business Park, Lot 1, Block B an addition to the City of Coppell, Dallas County, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1053 File ID: Type: Status: 2013-1053 Resolution Passed 1Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Naterra International ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 18. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-0514.1 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved05/14/2013City Council A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, that this Resolution be approved. See Item 17 for action notes. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1053 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. Summary City Council is scheduled to conduct a Public Hearing regarding the designation of Reinvestment Zone No. 70 on May 14, 2013. Naterra International, Inc. will be constructing and occupying a building Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1053) approximately 300,000 square feet in size at the southeast corner of Freeport Parkway and Wrangler Drive. This building will serve as their corporate headquarters and warehouse. The terms of this agreement will be a 10 year, 80% abatement on real property and business personal property. The Coppell Economic Development Committee unanimously recommended approval of this abatement request. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Since 1923, Naterra International Inc. has been making exceptional quality beauty and skin care products. Naterra International, Inc. is a leading United States manufacturer and marketer of beauty, baby care and personal care products. Naterra is constructing a 300,000 square foot facility at the southeast corner of Freeport Parkway and Wrangler Drive. This facility will serve as the corporate headquarters and distribution center for Naterra International. They will have approximately 300 employees. Analysis: Reinvestment Zone No. 70 will be created for Naterra International, Inc. by ordinance on May 14, 2013. The resolution and tax abatement that coincide with that reinvestment zone will grant a 10 year, 80% abatement on real property and business personal property. The Coppell Economic Development Committee unanimously recommended approval of this item. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND NATERRA INTERNATIONAL, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and Naterra International, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creat ion of additional job opportunities. SECTION 3. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. SECTION 4. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice 2 that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 5. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 6. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:2-2-12:TM 54088) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of Coppell, Texas (the “City”), and Naterra International, Inc. (the “Owner”) (the City and Owner collectively referred to as the “Parties” or singularly as a “Party”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 70 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to purchase approximately 18.36 acres of land in Coppell, Texas, being further described in Exhibit “A” (“Land”), and intends to construct a building containing approximately 300,000 square feet of office and warehouse/distribution space (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, the Owner intends to locate Tangible Personal Property (hereinafter defined) at the Improvements; and WHEREAS, Owner’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated Improvements, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in Page 2 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, a nd such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements, on the Land pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Completion of Construction” shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupancy has been issued for occupancy of the Improvements by the Owner. Page 3 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) “Effective Date” shall mean the last date of execution of this Agreement, unless the context indicates otherwise. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of Completion of Construction. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Improvements” shall mean the building containing approximately 320,000 square feet of office and warehouse/distribution space to be constructed on the Land and other ancillary facilities, such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a building permit(s). “Land” means the real property described in Exhibit “A”. “Owner” shall mean Naterra International, Inc., a Texas corporation, and its affiliated entities Sfplp Holdings Management, LLC and Beauty Manufacturing Solutions Corp. and any of Company’s successors and assigns approved under Section 8.9. “Premises” shall mean collectively, the Land and Improvements following construction thereof, but excluding the Tangible Personal Property. “Related Agreement” shall mean any other agreement by and between the City and the Owner, its parent company, and any affiliated or related entity owned or controlled by the Owner or its parent company relating to the Land and the Improvements. “Required Use” shall mean Owner’s continuous occupancy of the Improvements and the continuous operation of an office and warehouse/distribution for heath and beauty care products at the Improvements. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or leased by the Owner that is added to the Improvements subsequent to the execution of this Agreement. Page 4 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Owner is the owner of the Land, or is under contract to purchase the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct the Improvements on the Land, and to locate Tangible Personal Property thereon. 2.2 The Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises and Tangible Personal Property are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. 2.5 Owner shall before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements, excluding the Land, is at least $10 Million Dollars ($10,000,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, and further provided the Taxable Value for the Tangible Personal Property is at least $4 Million Dollars ($4,000,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Owner an abatement of eighty percent (80%) of the Taxable Value of the Improvements and an abatement of eighty percent (80%) of the Taxable Value of the Tangible Personal Property, for a period of ten (10) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. The actual percentage of Taxable Value of the Tangible Personal Property subject Page 5 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property that is added to the Improvements subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of ten (10) consecutive years. 3.4 During the period of tax abatement herein authorized, Owner and Lessee shall each be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land. 3.5 Continuous Occupancy. During the term of this Agreement beginning on the date of Completion of Construction of the Improvements and continuing until the expiration of the term, unless sooner terminated, Owner shall continuously own and occupy the Premises. 3.6 The term of this Agreement shall begin on the Effective Date and shall continue until March 1 of the calendar year following the eleventh (11th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. 3.7 Required Use. During the term of this Agreement beginning on the date of Completion of Construction of the Improvements and continuing until the expiration of the term, unless sooner terminated, Owner shall not allow the operation of the Improvements in conformance with the Required Use to cease for more than thirty (30) days except in connection with, and to the extent of an event of Force Majeure or Casualty. Article IV Improvements 4.1 Owner owns or is under contract to purchase the Land and intends to construct or cause to be constructed thereon the Improvements, and intends to locate Tangible Personal Property thereon. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, or to locate Tangible Personal Property thereon, but said actions are conditions precedent to tax abatement pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur within one hundred and twenty (120) days after the Effective date and subject to events of Force Majeure to cause Completion of Construction of the Improvements to occur within eighteen (18) calendar months after the Effective Date, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). Page 6 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) 4.3 Construction plans for the Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.5 The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event Owner fails to cause Completion of Construction of the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations, or in the event the Owner: (i) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such taxes or assessment); (ii) has an event of Bankruptcy or Insolvency; or (iii) breaches any of the terms and conditions of this Agreement or a Related Agreement, then Owner after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement for the property, the subject of this Agreement, at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the Premises and the Tangible Personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Owner of any of the terms, conditions and obligations under this Agreement, the City shall notify the Owner in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City shall have the right to terminate this Agreement by providing written notice to the Owner. Page 7 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements and the Tangible Personal Property, without tax abatement for the years in which tax abatement hereunder was received by the Owner, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Owner pursuant to the Tax Code, to file an annual exemption application form for the Improvements and Tangible Personal Property with the Chief Appraiser for the Appraisal District in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Owner shall annually render the value of the Improvements and the Tangible Personal Property to the Appraisal District, and to provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Page 8 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) If intended for Owner, to: Mr. Jin K. Song Naterra International, Inc. 13525 Denton Drive Dallas, Texas 75234 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Owner without the prior written consent of the City Manager. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Owner shall repay the taxes abated herein, the Fee Waiver, Rollback Grant and any other funds received by the Owner from the City as of the Page 9 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) date of such violation within 120 days after the date the Owner is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. 8.11 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including abated taxes) lawfully due to the City from the Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. (Signature page to follow) Page 10 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. NATERRA INTERNATIONAL, INC. By: Jin K. Song Chief Executive Officer Sfplp HOLDINGS MANAGEMENT, LLC By: Jin K. Song Manager BEAUTY MANUFACTURING SOLUTIONS CORP. By: Jin K. Song Chief Executive Officer Page 11 Tax Abatement Agreement City of Coppell and Naterra International, Inc. (TM 54087 ) Exhibit “A” Legal Description Gateway Business Park, Lot 1, Block B an addition to the City of Coppell, Dallas County, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1056 File ID: Type: Status: 2013-1056 Agenda Item Passed 1Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Naterra International Economic Development Agreement File Name: Title: Consider approval of an Economic Development Agreement by and between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 19. Sponsors: Enactment Date: Economic Development Agreement Memo.pdf, Economic Development Agreement.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 PassApproved05/14/2013City Council A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. See Item 17 for action notes. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1056 Title Consider approval of an Economic Development Agreement by and between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. Summary Executive Summary: Naterra International, Inc. will be constructing and occupying a 300,000 square foot building to serve Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1056) as their corporate headquarters and warehouse/distribution center. The building will be located at the southeast corner of Freeport Parkway and Wrangler Drive. This Economic Development Incentive Agreement grants a 75% waiver of building permit and roadway impact fees. It also grants a rebate up to $100,000 for any rollback taxes paid to the City of Coppell by Naterra International, Inc. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of an Economic Development Agreement by and between the City of Coppell and Naterra International, Inc., and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Since 1923, Naterra International Inc. has been making exceptional quality beauty and skin care products. Naterra International, Inc. is a leading United States manufacturer and marketer of beauty, baby care and personal care products. Naterra is constructing a 300,000 square foot facility at the southeast corner of Freeport Parkway and Wrangler Drive. This facility will serve as the corporate headquarters and distribution center for Naterra International. They will have approximately 300 employees. Analysis: This Economic Development Incentive Agreement grants a 75% waiver of building permit and roadway impact fees. It also grants a rebate up to $100,000 for any rollback taxes paid to the City of Coppell by Naterra International, Inc. The Coppell Economic Development Committee unanimously recommended approval of this item. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 2 Page 1 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) STATE OF TEXAS § § COUNTY OF DALLAS § ECONOMIC DEVELOPMENT AGREEMENT This Economic Development Incentive Agreement (“Agreement”) is made by and among the City of Coppell, Texas (“City”), and Naterra International, Inc (“Company”) (collectively the City and the Company the “Parties” or singularly as a “Party”), acting by and through their respective authorized officers and representatives. WITNESSETH: WHEREAS, the Company owns or is under contract to purchase approximately 18.36 acres of land in Coppell, Texas, being further described in Exhibit “A” (“Land”), and intends to construct a building containing approximately 300,000 square feet of office and warehouse/distribution space (hereinafter defined as the “Improvements”) on the Land; and WHEREAS, the Company intends to locate Tangible Personal Property (hereinafter defined) at the Improvements; and WHEREAS, the Company is engaged in the business of the manufacture and distribution of health and beauty products; and WHEREAS, the Company has advised the City that a contributing factor that would induce the Company to construct the Improvements and maintain its operations at the Improvements in the City would be an agreement by the City to provide an economic development grant to the Company; and WHEREAS, the City desires to retain existing retail business in the City; and WHEREAS, the retention of existing retail business in the City will promote economic development, stimulate commercial activity, generate additional sales tax and will en hance the tax base and economic vitality of the City; and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the City is authorized by Article 52-a Texas Constitution and TEX. LOC. GOV’T CODE §380.001 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to the Company in accordance with this Agreement will further the objectives of the City, will benefit the City and the City inhabitants and will promote local economic development and stimulate business and commercial activity in the City; Page 2 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meaning ascribed to them unless the context clearly indicates otherwise: “Bankruptcy or Insolvency” shall mean the dissolution or termination (other than a dissolution or termination by reason of a Party merging with an affiliate) of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within ninety (90) business days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under an y bankruptcy or insolvency laws by or against a Party and in the event such proceeding is not voluntarily commenced by the Party, such proceeding is not dismissed within ninety (90) business days after the filing thereof. “Casualty” shall mean the Improvements is wholly or partially destroyed by fire, earthquake, flood or similar casualty that renders the Improvements unfit for the intended purpose. “City” shall mean the City of Coppell, Texas. “Commencement Date” shall mean the date a final certificate of occupancy has been issued by the City for Company’s occupancy of the Improvements. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements on the Land , pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Company” shall mean Naterra International, Inc., a Texas corporation, and its affiliated entities Sfplp Holdings Management, LLC and Beauty Manufacturing Solutions Corp. and any of Company’s successors and assigns approved under Section 6.10 of this Agreement. “Completion of Construction” shall mean: (i) substantial completion of the Improvements; and (ii) a final certificate of occupanc y has been issued for occupancy of the Improvements by the Company. Page 3 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) “Effective Date” shall mean the last date of execution of this Agreement. “Expiration Date” shall mean the eleventh (11th) anniversary date of the Effective Date. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Grant(s)” shall collectively mean the Fee Waiver and the Rollback Tax Grant to be paid to the Company from lawful available funds as set forth herein. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on the Company or any property or any business owned by Company within the City. “Improvements” shall mean the building containing approximately 300,000 square feet of office and warehouse/distribution space to be constructed on the Land and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Company with the City, from time to time, in order to obtain a building permit(s). “Land” means the real property described in Exhibit “A”. “Related Agreements” shall collectively mean the Tax Abatement Agreement and any other agreement by and between the City and the Company, its parent company, and any affiliated or related entity owned or controlled by the Company or its parent company relating to the Land and the Improvements. “Required Use” shall mean Company’s continuous occupancy of the Improvements and the continuous operation of an office and warehouse/distribution for heath and beauty care products at the Improvements. Page 4 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) “Rollback Grants” shall mean periodic economic development grants in an amount equal to the Rollback Taxes not to exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate to offset a portion of the Company’s cost of development of the Land, to be provided as set forth herein. “Rollback Taxes” shall mean the tax and/or penalty assessed against the Land, or portion thereof, as the result of the removal of agricultural and/or open space land designation(s) for the Land, or portion thereof, pursuant to Tax Code, Chapter 23 and collected by the City, from time to time, during the term of this Agreement. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures, including inventory and supplies (but excluding Freeport Goods and Goods in Transit) owned or leased by the Company that is added to the Improvements subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. “Term” shall mean the initial term as set forth herein and any renewal thereof. Article II Term The initial term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Article III Economic Development Grants 3.1 Fee Waiver. Subject to the obligation of the Company to repay the Grants pursuant to Article V hereof, and the continued satisfaction of all the terms and conditions of this Agreement, the City agrees to waive seventy-five percent (75%) of building permit fees and roadway impact fees, assessed against the Land, which shall be refunded to the Company following Completion of Construction of the Improvements in accordance with City policy. 3.2 Rollback Grants. Subject to the Company’s continued satisfaction of all the terms and conditions of this Agreement, and the Company’s obligation to repay the Grants pursuant to Section 5.2 hereof, the City shall, during the term of this Agreement, provide the Rollback Grants to the Company within sixty (60) business days after receipt of a Payment Request following the City collection of Rollback Taxes for such portion of the Land. The Parties acknowledge and agree that, as Rollback Taxes are assessed against the Land and collected by the City, the City shall provide the Rollback Grants to Company, not to exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate. In the event Rollback Taxes are not assessed against the Land or collected by the City or in the event the Rollback Taxes collected during the term of this Agreement are less than One Hundred Thousand Dollars ($100,000.00), the City Page 5 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) shall not be obligated to pay any such deficit amount to the Company. The Rollback Grant shall be applied on a per acre basis. 3.3 Grant Limitations. The City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Company. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. 3.4 Current Revenue. The Grants made hereunder shall be paid solely from lawfully available funds that have been appropriated by the City from the general funds or from such other funds as may be set aside for such purposes consistent with Article III, Section 52(a) of the Texas Constitution, as amended, excluding sales and use tax imposed by the City. The City will ensure that the amount of funds appropriated annually is sufficient to ensure the payment of the Grants due for such fiscal year. Under no circumstances shall the City obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. Consequently, notwithstanding any other provision of this Agreement, the City shall have no obligation or liability to pay any Grants except as allowed by law. The City shall not be required to pay any Grants if prohibited under federal or state legislation or a decision of a court of competent jurisdiction. Article IV Conditions to the Economic Development Grant The Company shall, during the term of this Agreement, satisfy and comply with the terms and conditions of this Agreement and each of the terms and conditions of this Article IV. 4.1 Good Faith. Company shall not have an uncured breach or default of this Agreement. 4.2 Required Use. During the term of this Agreement following the Effective Date and continuing until the Expiration Date, unless sooner terminated, Company shall not allow the operation of the Improvements in conformance with the Required Use to cease for more than thirty (30) days except in connection with, and to the extent of an event of Force Majeure or Casualty. 4.3 Continuous Occupancy. The Company shall during the term of this Agreement, beginning on the date of Completion of Construction and continuing thereafter until the Expiration Date, continuously own and occupy the Improvements. 4.4 Construction of the Improvements. The Company shall, subject to events of Force Majeure, cause the Commencement of Construction of the Improvements to occur within one hundred and twenty (120) days after the Effective date and subject to events of Force Majeure to cause Completion of Construction of the Improvements to occur within eighteen (18) calendar months after the Effective Date. Page 6 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) 4.5 Minimum Taxable Value. The Taxable Value of the Improvements, excluding the Land, shall be at least $10 Million Dollars ($10,000,000.00) as of January 1 of the calendar year immediately following the Commencement Date, and as of January 1 of each year thereafter during the term of this Agreement. The Taxable Value of the Tangible Personal Property shall be at least $4 Million Dollars ($4,000,000.00) as of January 1 of the calendar year immediately following the Commencement Date and as of January 1 of each year thereafter during the term of this Agreement. Article V Termination; Repayment 5.1 Termination. This Agreement terminates upon any one or more of the following: (a) by mutual written agreement of the Parties; (b) on Expiration Date; (c) by either Party, if the other Party defaults or breaches any of the terms or conditions of this Agreement, or a Related Agreement, and such default or breach is not cured within thirty (30) days after written notice thereof; (d) by the City, if any Impositions owed to the City or the State of Texas by Company shall have become delinquent (provided, however, Company retains the right to timely and properly protest and contest any such taxes or Impositions); (e) by the City, if Company suffers an Event of Bankruptcy or Insolvency; and (f) by either Party if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 5.2 Repayment. In the event the Agreement is terminated by the City pursuant to Section 5.1(b), (c), (d), (e), or (f), the Company shall immediately refund to the City an amount equal to the Grant(s) paid by the City to the Company as of the date of termination, plus interest at the rate of interest periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of intere st from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by City) as its prime or base commercial lending rate, from the date on which each respective Grant is paid by the City until each such Grant is repaid by the Company. The repayment obligation of Company set forth in this section 5.2 hereof shall survive termination. 5.3 Offsets. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfull y due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Page 7 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. 6.2 Limitation on Liability. It is understood and agreed between the Parties that the Company and City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever by a third Party arising out of the Company’s performance of the conditions under this Agreement. 6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the Parties. 6.4 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below (or such other address as such Party may subsequently designate in writing) or on the day actually received if sent by courier or otherwise hand delivered. If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Owner, to: Mr. Jin K. Song Naterra International, Inc. 13525 Denton Drive Dallas, Texas 75234 6.6 Entire Agreement. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. Page 8 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) 6.7 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendment. This Agreement may only be amended by the mutual written agreement of the Parties. 6.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Successors and Assigns. This Agreement may not be assigned without the prior written consent of the City Manager. 6.11 Recitals. The recitals to this Agreement are incorporated herein. 6.12 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.14 Employment of Undocumented Workers. During the term of this Agreement, the Company agrees not to knowingly employ any undocumented workers, and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Company shall repay the Grants herein and any other funds received by the Company from the City as of the date of such violation within 120 business days after the date the Company is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. The Company is not liable for a violation of this Section by a subsidiary, affiliate, or franchisees of the Company or by a person with whom the Company contracts. (Signature page to follow) Page 9 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) EXECUTED on this _______ day of _____________________, 2013. CITY OF COPPELL, TEXAS By: Karen Selbo Hunt, Mayor ATTEST: By: City Secretary Approved as to Form: By: City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. NATERRA INTERNATIONAL, INC. By: Jin K. Song Chief Executive Officer Sfplp HOLDINGS MANAGEMENT, LLC By: Jin K. Song Manager BEAUTY MANUFACTURING SOLUTIONS CORP. By: Jin K. Song Chief Executive Officer Page 10 Economic Development Agreement City of Coppell and Naterra International, Inc. (TM 54086)) EXHIBIT “A” LEGAL DESCRIPTION OF LAND Gateway Business Park II, Lot 1R, Block B (18.4 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1051 File ID: Type: Status: 2013-1051 Ordinance Passed 1Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Norwex Public Hearing and OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance designating Norwex USA, Inc., Reinvestment Zone No. 77 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 20. Sponsors: Enactment Date: Public Hearing and Ordinance Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: 2013-1340 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 05/14/2013City Council At this time, Mayor Hunt returned tot the meeting. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve Agenda Items 20-21. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1051 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1051) Title PUBLIC HEARING: Consider approval of an Ordinance designating Norwex USA, Inc., Reinvestment Zone No. 77 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Summary The Public Hearing Notice was published in the Citizens’ Advocate on Friday, May 3, 2013. The public hearing is for the designation of a reinvestment zone for Norwex USA, Inc., property described as Block A, Lot 2R1 of the Duke-Freeport Addition (8.8556 acres) and located north of Bethel Road, west of Freeport Parkway. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of an Ordinance designating Norwex USA, Inc., Reinvestment Zone No. 77 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: In 1994, Norwex began in Norway. The company produced personal care and cleaning products with a radically reduced amount of chemicals. In 1995, Norwex entered the home party market in Norway and grew dramatically. In 1999, Norwex expanded to Canada and the United States, and by 2010, they were selling products worldwide. The company has grown rapidly and outgrew their former space in Addison. After a long search, Norwex decided to move their U.S. Headquarters and distribution center to 800 W. Bethel. They are occupying 110,000 square feet of space in this building. They have approximately 250 employees. Analysis: In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both requirements. The public hearing is held to determine if the improvements in the zone are feasible, practical and of benefit to the land. The public hearing notice was published in the Citizens’ Advocate on Friday, May 3, 2013, as required by Chapter 312 of the Texas Property Code. The 8.8556 acre tract of land included within the boundaries of Reinvestment Zone No. 77 is located north of Bethel Road and west of Freeport Parkway. The legal description for the property is Block A, Lot 2R1 of the Duke-Freeport Addition. Legal Review: Agenda item did not require legal review. 2 Fiscal Impact: N/A Recommendation: Economic Development recommends approval. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 14th day of May, 2013, at 7:30 P.M., to consider designation of the property described as Block A, Lot 2R1, Duke-Freeport Addition (8.8556 acres), located north of Bethel Road and west of Freeport Parkway, Coppell, Texas, Norwex USA, Inc., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate May 3, 2013 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 77 (NORWEX USA, INC.); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL- INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A”, attached hereto and made a part hereof for all purposes, is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 77 Norwex USA, Inc.” 2 SECTION 3. The property within Reinvestment Zone No. 77 is eligible for commercial- industrial tax abatement effective on January 1, 2013. SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS: 12-27-12:58769) 3 Exhibit “A” (Legal Description of Land to be attached) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1054 File ID: Type: Status: 2013-1054 Resolution Passed 1Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Norwex ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 21. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-0514.2 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve Agenda Items 20-21. See Item 20 for action notes. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1054 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. Summary City Council is scheduled to conduct a Public Hearing regarding the designation of Reinvestment Zone No. 77 on May 14, 2013. Norwex USA, Inc. will be leasing approximately 110,000 square feet of office/warehouse space at 800 W. Bethel Road. The terms of this agreement will be a 5 year, 85% Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1054) abatement on business personal property. The Coppell Economic Development Committee unanimously recommended approval of this abatement request. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Norwex USA, Inc., and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: In 1994, Norwex began in Norway. The company produced personal care and cleaning products with a radically reduced amount of chemicals. In 1995, Norwex entered the home party market in Norway and grew dramatically. In 1999, Norwex expanded to Canada and the United States, and by 2010, they were selling products worldwide. The company has grown rapidly and outgrew their former space in Addison. After a long search, Norwex decided to move their U.S. Headquarters and distribution center to 800 W. Bethel. They are occupying 110,000 square feet of space in this building. They have approximately 250 employees. Analysis: Reinvestment Zone No. 77 will be created for Norwex USA, Inc. by ordinance on May 14, 2013. The resolution and tax abatement that coincide with that reinvestment zone will grant a 5 year, 85% abatement on business personal property. An Economic Development Agreement will be brought forward at a later meeting. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 2 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND NORWEX USA, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and Norwex USA, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the tangible personal property to be added to the improvements on the Land described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tangible personal property and the improvements on the Land will accomplish the tax abatement guidelines of the City of Coppell, Texas. SECTION 4. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice 2 that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 5. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 6. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:12-27-12 :58768) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Norwex USA, Inc., a Texas corporation (the “Lessee”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 77 (the “Zone”), for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to enter into a lease of approximately 110,000 square feet of office/distribution space in a building on the Land located at 800 W. Bethel Road, Coppell, Texas (the “Leased Premises”), for a period of at least five (5) years (the “Lease”), and intends to locate certain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, Lessee’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Leased Premises (hereinafter defined), set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in Page 2 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Leased Premises sought are feasible and practicable and would be of benefit to the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Leased Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Lessee’s existence as a going business, insolvency, appointment of receiver for any part of a Lessee’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Lessee, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year” shall mean the year in which this Agreement is executed (2013). “City” shall mean the City of Coppell, Texas. “Effective Date” shall mean the last date of execution of this Agreement, unless the context indicates otherwise. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of a certificate of occupanc y for Lessee’s occupancy of the Leased Premises. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by Page 3 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises for a period of at least five (5) years. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than May 1, 2013. “Leased Premises” shall mean approximately 110,000 square feet of office/distribution space located at 800 W. Bethel Road, Coppell, Texas. “Lessee” shall mean Norwex USA, Inc., a Texas corporation. “Related Agreement” shall mean any other agreement by and between the City and the Lessee, its parent company, and any affiliated or related entity owned or controlled by the Lessee, or its parent company, relating to the Improvements. “Required Use” shall mean the continuous occupancy of the Leased Premises and operation of the Lessee’s U.S. headquarters and distribution facilities thereat. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or leased by Lessee that is added to the Leased Premises subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Lessee has or intends to enter into the Lease of the Leased Premises, which Leased Premises is located within the city limits of the City and within the Zone. Lessee intends to locate and maintain Tangible Personal Property at the Leased Premises following the Lessee’s occupancy thereof. Page 4 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) 2.2 The Leased Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Leased Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. 2.5 Lessee shall, before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Leased Premises shall, at all times, be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Tangible Personal Property, is at least One Million Dollars ($1,000,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Lessee an abatement of eighty-five percent (85%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Leased Premises subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. 3.5 The Lessee agrees, subject to events of Force Majeure or Casualty to continuously lease and occupy the Leased Premises for a period of at least five (5) consecutive years beginning with the Lease Inception Date. Page 5 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) 3.6 During the term of this Agreement following the Lease Inception Date and continuing thereafter until the Expiration Date, the Leased Premises shall not be used for any purpose other than the Required Use and the operation and occupancy of the Leased Premises in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until March 1 of the calendar year following the sixth (6th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. 3.8 The Lessee agrees to locate and maintain Tangible Personal Property not otherwise exempt from ad valorem taxation at the Leased Premises with a Taxable Value of at least One Million Dollars ($1,000,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. Article IV Leased Premises 4.1 Lessee intends to enter into the Lease and to locate Tangible Personal Property thereat. Nothing in this Agreement shall obligate Lessee to enter into the Lease or to locate Tangible Personal Property thereat, but said actions are conditions precedent to tax abatement for such Lessee pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees to enter into the Lease on or before May 1, 2013. Lessee agrees and covenants to continuously lease and occupy the Leased Premises for a period of at least five (5) years commencing on the Lease Inception Date. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor access and security policies of the Lessee, in order to insure that the Lessee is in compliance with the terms and conditions of this Agreement. Article V Default: Recapture of Tax Revenue 5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an even t of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not otherwise cured within the applicable cure period, then Lessee, after the expiration of the notice Page 6 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall notify Lessee in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City, at its sole discretion, has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee, pursuant to the Tax Code, to file an annual exemption application form for the Tangible Personal Property with the Chief Appraiser for each Appraisal District (or its successor) in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Page 7 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District, and shall provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Lessee, to: Attn: Kristi Hubbard Norwex USA, Inc. 14679 Midway Road, Suite 115 Addison, Texas 75019 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. Page 8 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Lessee without the prior written consent of the City Manager. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein, and any other funds received by the Lessee from the City as of the date of such violation within 120 days after the date the Lessee is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. 8.11 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. (Signature page to follow) Page 9 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. NORWEX USA, INC. By: _______________________________________ Kristi Hubbard Title: Page 10 Tax Abatement Agreement City of Coppell and Norwex USA, Inc. (58770) Exhibit “A” Legal Description of Land Block A, Lot 2R1 of the Duke-Freeport Addition (8.8556 acres). Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1047 File ID: Type: Status: 2013-1047 Ordinance Passed 1Version: Reference: In Control: Administration 05/03/2013File Created: 05/14/2013Final Action: Universal Power Group Public Hearing and OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance designating Universal Power Group, Inc., Reinvestment Zone No. 78 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 22. Sponsors: Enactment Date: Public Hearing and Ordinance Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: 2013-1341 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 05/14/2013City Council Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve Agenda Items 22-23. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1047 Title PUBLIC HEARING: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1047) Consider approval of an Ordinance designating Universal Power Group, Inc., Reinvestment Zone No. 78 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Summary The Public Hearing Notice was published in the Citizens’ Advocate on Friday, May 3, 2013. The public hearing is for the designation of a reinvestment zone for Universal Power Group, Inc., property described as Lot 1 of the Lam Lee Addition No. 1 (13.085 acres) and located north of Creekview Drive, west of Royal Lane. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of an Ordinance designating Universal Power Group, Inc., Reinvestment Zone No. 78 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Universal Power Group (UPG) is one of the leading global suppliers and distributors of sealed lead- acid ("SLA") batteries. They are relocating to 488 S. Royal from Carrollton, Texas. UPG will be leasing the entire building, which is 208,800 square feet in size. This building will serve as their Corporate Headquarters. They will also operate a warehouse/distribution center from this site. UPG will have approximately 140 employees. They are a wholesale distributor. Analysis: In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both requirements. The public hearing is held to determine if the improvements in the zone are feasible, practical and of benefit to the land. The public hearing notice was published in the Citizens’ Advocate on Friday, May 3, 2013, as required by Chapter 312 of the Texas Property Code. The 13.085 acre tract of land included within the boundaries of Reinvestment Zone No. 78 is located north of Creekview Drive and west of Royal Lane. The legal description for the property is Lot 1 of the Lam Lee Addition No. 1. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A 2 Recommendation: Economic Development recommends approval. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 14th day of May, 2013, at 7:30 P.M., to consider designation of the property described as Lot 1, Lam Lee Addition No. 1 (13.085 acres), located north of Creekview Drive, west of Royal Lane, Coppell, Texas, Universal Power Group, Inc., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate May 3, 2013 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 78 (UNIVERSAL POWER GROUP, INC.); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 78 Universal Power Group, Inc.” 2 SECTION 3. The property within Reinvestment Zone No. 78 is eligible for commercial- industrial tax abatement effective on January 1, 2013. SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS: 12-21-12: 58757) 3 Exhibit “A” (Legal Description of Land to be attached) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1055 File ID: Type: Status: 2013-1055 Resolution Passed 1Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Universal Power Group ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Universal Power Group, Inc., and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 23. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-0514.3 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved05/14/2013City Council A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve Agenda Items 22-23. See Item 22 for action notes. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1055 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Universal Power Group, Inc., and authorizing the Mayor to sign. Summary City Council is scheduled to conduct a Public Hearing regarding the designation of Reinvestment Zone No. 78 on May 14, 2013. Universal Power Group, Inc. will be leasing approximately 208,800 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1055) square feet of office/distribution space at 488 S. Royal Lane. The terms of this agreement will be a 5 year, 85% abatement on business personal property. The Coppell Economic Development Committee unanimously recommended approval of this abatement request. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: (Summary of the Caption) 2030: Business Prosperity Introduction: Universal Power Group (UPG) is one of the leading global suppliers and distributors of sealed lead- acid ("SLA") batteries. They are relocating to 488 S. Royal from Carrollton, Texas. UPG will be leasing the entire building, which is 208,800 square feet in size. This building will serve as their Corporate Headquarters. They will also operate a warehouse/distribution center from this site. UPG will have approximately 140 employees. They are a wholesale distributor. Analysis: Reinvestment Zone No. 78 will be created for Universal Power Group, Inc. by ordinance on May 14, 2013. The resolution and tax abatement that coincide with that reinvestment zone will grant a 5 year, 85% abatement on business personal property. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND UNIVERSAL POWER GROUP, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and Universal Power Group, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the tangible personal property to be added to the improvements on the Land described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tangible personal property and the improvements on the Land will accomplish the tax abatement guidelines of the City of Coppell, Texas. SECTION 4. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice 2 that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 5. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 6. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:12-27-12 :58759) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Universal Power Group, Inc., a Texas corporation (the “Lessee”), (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 78 (the “Zone”), for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to enter into a lease of approximately 208,800 square feet of office/distribution space in a building on the Land located at 488 S. Royal lane, Coppell, Texas (the “Leased Premises”), for a period of at least ten (10) years (the “Lease”), and intends to locate certain Tangible Personal Property (hereinafter defined) and operate its corporate headquarters and distribution at the Leased Premises; and WHEREAS, Lessee’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Leased Premises (hereinafter defined), set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in Page 2 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Leased Premises sought are feasible and practicable and would be of benefit to the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Leased Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Lessee’s existence as a going business, insolvency, appointment of receiver for any part of a Lessee’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against suc h Lessee, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year” shall mean the year in which this Agreement is executed (2013). “City” shall mean the City of Coppell, Texas. “Effective Date” shall mean the last date of execution of this Agreement, unless the context indicates otherwise. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of a certificate of occupanc y for Lessee’s occupancy of the Leased Premises. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by Page 3 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Inventory” shall mean tangible personal property consisting of inventory located at the Leased Premises owned or leased by Lessee but excluding Freeport Goods and Goods-in-Transit. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises for a period of at least ten (10) years. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than June 1, 2013. “Leased Premises” shall mean approximately 208,800 square feet of office/distribution space located at 488 S. Royal Lane, Coppell, Texas. “Lessee” shall mean Universal Power Group, Inc., a Texas corporation. “Related Agreement” shall mean any other agreement by and between the City and the Lessee, its parent company, and any affiliated or related entity owned or controlled by the Lessee, or its parent company, relating to the Improvements. “Required Use” shall mean the continuous occupancy of the Leased Premises and operation of the Lessee’s corporate headquarters and distribution facilities thereat. “Tangible Personal Property” shall mean tangible personal property, inventory, machinery, equipment and fixtures (but excluding Freeport Goods and Goods in Transit) owned or leased by the Lessee and located at the Leased Premises, subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Lessee has or intends to enter into the Lease of the Leased Premises, which Leased Premises is located within the city limits of the City and within the Zone. Lessee intends Page 4 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) to locate and maintain Tangible Personal Property at the Leased Premises following the Lessee’s occupancy thereof. 2.2 The Leased Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Leased Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. 2.5 Lessee shall, before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Leased Premises shall, at all times, be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Tangible Personal Property, is at least Four Million Five-Hundred Thousand ($4,500,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Lessee an abatement of eighty-five percent (85%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Leased Premises subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. Page 5 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) 3.5 The Lessee agrees, subject to events of Force Majeure or Casualty, to continuously lease and occupy the Leased Premises for a period of at least ten (10) consecutive years beginning with the Lease Inception Date. 3.6 During the term of this Agreement following the Lease Inception Date and continuing thereafter until the Expiration Date, the Leased Premises shall not be used for any purpose other than the Required Use and the operation and occupancy of the Leased Premises in conformance with the Required Use shall not cease for more than thirty (30) days, except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until March 1 of the calendar year following the sixth (6th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. 3.8 The Lessee agrees to locate and maintain Tangible Personal Property not otherwise exempt from ad valorem taxation at the Leased Premises with a Taxable Value of at least $4.5 Million Dollars ($4,500,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. Article IV Leased Premises 4.1 Lessee intends to enter into the Lease and to locate Tangible Personal Property thereat. Nothing in this Agreement shall obligate Lessee to enter into the Lease or to locate Tangible Personal Property thereat, but said actions are conditions precedent to tax abatement for such Lessee pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees to enter into the Lease on or before June 1,, 2013. Lessee agrees and covenants to continuously lease and occupy the Leased Premises for a period of at least ten (10) years commencing on the Lease Inception Date. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor access and security policies of the Lessee, in order to insure that the Lessee is in compliance with the terms and conditions of this Agreement. Article V Default: Recapture of Tax Revenue Page 6 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) 5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not otherwise cured within the applicable cure period, then Lessee, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall notify Lessee in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City, at its sole discretion, has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor- Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee, pursuant to the Tax Code, to file an annual exemption application form for the Tangible Personal Property with the Chief Appraiser for each Page 7 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) Appraisal District (or its successor) in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District, and shall provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Lessee, to: Attn: Ms. Julie Sansom-Reese Universal Power Group, Inc. 1720 Hayden Drive Carrolton, Texas 75006 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. Page 8 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Lessee without the prior written consent of the City Manager. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein, and any other funds received by the Lessee from the City as of the date of such violation within 120 days after the date the Lessee is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. 8.11 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. (Signature page to follow) Page 9 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. UNIVERSAL POWER GROUP, INC. By: _______________________________________ Name: Title: Page 10 Tax Abatement Agreement City of Coppell and Universal Power Group, Inc. (58756) Exhibit “A” Legal Description of Land Lot 1 of the Lam Lee Addition No. 1 (13.085 acres) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1049 File ID: Type: Status: 2013-1049 Ordinance Passed 1Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Nypro Public Hearing and OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance designating Nypro, Inc., Reinvestment Zone No. 82 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 24. Sponsors: Enactment Date: Public Hearing and Ordinance Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: 2013-1342 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 05/14/2013City Council Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve Agenda Items 24-25. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1049 Title PUBLIC HEARING: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1049) Consider approval of an Ordinance designating Nypro, Inc., Reinvestment Zone No. 82 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. Summary The Public Hearing Notice was published in the Citizens’ Advocate on Friday, May 3, 2013. The public hearing is for the designation of a reinvestment zone for Nypro, Inc., property described as Block B, Lot 1 of the Northlake 635 Business Park (Coppell Business Center II) (33.20 acres) and located south of Lakeshore Drive, west of Belt Line Road. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of an Ordinance designating Nypro, Inc., Reinvestment Zone No. 82 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Nypro, Inc. is a vertically integrated leader in the field of plastics manufacturing. They offer almost all aspects of the plastics production processes required by companies across the world. The markets they serve include Healthcare, Consumer & Electronics and Packaging. Nypro, Inc. will be leasing approximately 30,000 square feet of office and light industrial space at 1405 S. Belt Line Road to serve their healthcare division. They will have approximately 40 employees at this location. This will be their first location in the Dallas/Fort Worth Metroplex. Analysis: In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both requirements. The public hearing is held to determine if the improvements in the zone are feasible, practical and of benefit to the land. The public hearing notice was published in the Citizens’ Advocate on Friday, May 3, 2013, as required by Chapter 312 of the Texas Property Code. The 33.20 acre tract of land included within the boundaries of Reinvestment Zone No. 82 is located south of Lakeshore Drive and west of Belt Line Road. The legal description for the property is Block B, Lot 1 of the Northlake 635 Business Park (Coppell Business Center II). Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A 2 Recommendation: Economic Development recommends approval. NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 14th day of May, 2013, at 7:30 P.M., to consider designation of the property described as Block B, Lot 1, Northlake 635 Business Park (Coppell Business Center II) (33.20 acres), located south of Lakeshore Drive, west of Belt Line Road, Coppell, Texas, Nypro, Inc., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate May 3, 2013 PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e., sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989). 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 82 (NYPRO HEALTHCARE); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A”, attached hereto and made a part hereof for all purposes, is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 82 Nypro Healthcare”. 2 SECTION 3. The property within Reinvestment Zone No. 82 is eligible for commercial- industrial tax abatement effective on January 1, 2013. SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS: 3-14-13:TM 59861) 3 Exhibit “A” (Legal Description of Land to be attached) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1052 File ID: Type: Status: 2013-1052 Resolution Passed 2Version: Reference: In Control: Administration 05/06/2013File Created: 05/14/2013Final Action: Nypro ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Nypro, Inc., and authorizing the Mayor to sign. Notes: Agenda Date: 05/14/2013 Agenda Number: 25. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement .pdf Attachments: Enactment Number: 2013-0514.4 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 PassApproved05/14/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve Agenda Items 24-25. See Item 24 for action notes. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1052 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Nypro, Inc., and authorizing the Mayor to sign. Summary City Council is scheduled to conduct a Public Hearing regarding the designation of Reinvestment Zone No. 82 on May 14, 2013. Nypro, Inc. will be leasing approximately 30,000 square feet of office space at 1405 S. Belt Line Road. The terms of this agreement will be a 5 year, 85% abatement on Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1052) business personal property. The Coppell Economic Development Committee unanimously recommended approval of this abatement request. Fiscal Impact: Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: May 14, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Nypro, Inc., and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Nypro, Inc. is a vertically integrated leader in the field of plastics manufacturing. They offer almost all aspects of the plastics production processes required by companies across the world. The markets they serve include Healthcare, Consumer & Electronics and Packaging. Nypro, Inc. will be leasing approximately 30,000 square feet of office and light industrial space at 1405 S. Belt Line Road to serve their healthcare division. They will have approximately 40 employees at this location. This will be their first location in the Dallas/Fort Worth Metroplex. Analysis: Reinvestment Zone No. 82 will be created for Nypro, Inc. by ordinance on May 14, 2013. The resolution and tax abatement that coincide with that reinvestment zone will grant a 5 year, 85% abatement on business personal property. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND NYPRO HEALTHCARE, A DIVISION OF NYPRO, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and Nypro Healthcare, a division of Nypro, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the tangible personal property to be added to the improvements on the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:4-13-13:TM 59860) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Nypro Inc., a Massachusetts corporation (the “Lessee”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 82 (the “Zone”), for the real property described in Exhibit “A” (the “Land”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to enter into a lease of approximately 30,000 square feet of office/manufacturing warehouse space in a building on the Land (hereinafter defined) located at 1405 S. Beltline Road, Coppell, Texas (the “Leased Premises”), for a period of at least five (5) years (the “Lease”), and intends to locate certain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, Lessee’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Leased Premises (hereinafter defined), set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in Page 2 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Leased Premises sought are feasible and practicable and would be of benefit to the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Leased Premises is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Lessee’s existence as a going business, insolvency, appointment of receiver for any part of a Lessee’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against s uch Lessee, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Base Year” shall mean the year in which this Agreement is executed (2013). “City” shall mean the City of Coppell, Texas. “Effective Date” shall mean the last date of execution of this Agreement, unless the context indicates otherwise. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of a certificate of occupanc y for Lessee’s occupancy of the Leased Premises. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by Page 3 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Inventory” shall mean tangible personal property consisting of inventory located at the Leased Premises owned or leased by Lessee but excluding Freeport Goods and Goods-in-Transit. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises for a period of at least five (5) years. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than February 20, 2013. “Leased Premises” shall mean approximately 30,000 square feet of office/manufacturing warehouse space located at 1405 S. Beltline Road, Coppell, Texas. “Lessee” shall mean Nypro Inc., a Massachusetts corporation. “Related Agreement” shall mean any other agreement by and between the City and the Lessee, its parent company, and any affiliated or related entity owned or controlled by the Lessee, or its parent company, relating to the Leased Premises. “Required Use” shall mean the continuous occupancy of the Leased Premises and operation of the Lessee’s manufacturing facility thereat. “Tangible Personal Property” shall mean furniture, fixtures and equipment owned or leased by the Lessee and located at the Leased Premises, subsequent to the execution of this Agreement. Tangible Personal Property shall not include other tangible personal property including inventory, Freeport Goods and Goods in Transit located at the Leased Premises. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Lessee has or intends to enter into the Lease of the Leased Premises, which Leased Premises is located within the city limits of the City and within the Zone. Lessee intends Page 4 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) to locate and maintain Tangible Personal Property at the Leased Premises following the Lessee’s occupancy thereof. 2.2 The Leased Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Leased Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. 2.5 Lessee shall, before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Leased Premises shall, at all times, be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Tangible Personal Property, is at least One Million Five Hundred Thousand Dollars ($1,500,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Lessee an abatement of eighty-five percent (85%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Leased Premises subsequent to the execution of this Agreement. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. Page 5 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) 3.5 The Lessee agrees, subject to events of Force Majeure or Casualty to continuously lease and occupy the Leased Premises for a period of at least five (5) consecutive years beginning with the Lease Inception Date. 3.6 During the term of this Agreement following the Lease Inception Date and continuing thereafter until the Expiration Date, the Leased Premises shall not be used for any purpose other than the Required Use and the operation and occupancy of the Leased Premises in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until March 1 of the calendar year following the sixth (6th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. 3.8 The Lessee agrees to locate and maintain Tangible Personal Property not otherwise exempt from ad valorem taxation at the Leased Premises with a Taxable Value of at least One Million Five Hundred Thousand Dollars ($1,500,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. Article IV Leased Premises 4.1 Lessee intends to enter into the Lease and to locate Tangible Personal Property thereat. Nothing in this Agreement shall obligate Lessee to enter into the Lease or to locate Tangible Personal Property thereat, but said actions are conditions precedent to tax abatement for such Lessee pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees to enter into the Lease on or before February 20, 2013. Lessee agrees and covenants to continuously lease and occupy the Leased Premises for a period of at least five (5) years commencing on the Lease Inception Date. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations, except to the extent that the landlord of the Leased Premises is required to maintain such compliance under the terms of the Lease. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor access and security policies of the Lessee, in order to insure that the Lessee is in compliance with the terms and conditions of this Agreement. Page 6 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) Article V Default: Recapture of Tax Revenue 5.1 In the event Lessee: (i) fails to occupy the Leased Premises in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not otherwise cured within the applicable cure period, then Lessee, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after termination, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall notify Lessee in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Lessee. 5.4 Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City, at its sole discretion, has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by the Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Page 7 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) Article VI Annual Application for Tax Exemption It shall be the responsibility of the Lessee, pursuant to the Tax Code, to file an annual exemption application form for the Tangible Personal Property with the Chief Appraiser for each Appraisal District (or its successor) in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District, and shall provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Lessee, to: Attn: Group President Nypro Healthcare, a division of Nypro, Inc. 1405 S. Belt Line Road Coppell, Texas 75019 With a copy to: Attn: Legal Department Nypro Inc. 101 Union Street Clinton, MA 01510 8.2 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, Page 8 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Lessee without the prior written consent of the City Manager. 8.10 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein, and any other funds received by the Lessee from the City as of the date of such violation within 120 days after the date the Lessee is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. 8.11 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. [Signature Page to Follow] Page 9 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. NYPRO, INC. By: _______________________________________ Name: Title: Page 10 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) Exhibit “A” Legal Description Block B, Lot 1 of the Northlake 635 Business Park (Coppell Business Center II) – 33.20 acres Being a tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, in the City of Coppell, Dallas, County, Texas, and being part of the Northlake 635 Business Park, an Addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume 85056, Page 3358 of the Map Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a ½ inch set iron rod with plastic yellow cap stamped “Halff Assoc. Inc.” (1/2 inch found iron rod with cap) at the West line of Belt Line Road (a 120 foot width right-of-way at this point), and the most southern southeast corner of the Northlake 635 Business Park, an Addition to the City of Coppell, Texas, according to the plat recorded in Volume 85056, Page 3358, deed Records of Dallas County, Texas; THENCE South 89 degrees 53 minutes 18 seconds West, 1174.28 feet, with the North line of a tract of land described in Deed to Hattie Mae Lesley dated January 24, 1958, as recorded in Deed Records of Dallas County, Texas, to a 1 inch diameter iron pipe found for corner; THENCE North 00 degrees 56 minutes 56 seconds East, 1111.41 feet, with the East line of said Lesley Tract, to a found 1 inch diameter iron pipe; THENCE South 89 degrees 50 minutes 51 seconds East, 95.43 feet, to a ½ inch set iron rod for corner; THENCE North 39 degrees 21 minutes 04 seconds East, 251.75 feet to a ½ inch set iron rod for corner in the Southerly line of Lakeshore Drive (a 60 foot right-of-way), a dedicated street in said Northlake 635 Business Park Addition, said iron rod also being on a circular curve to the left having a central angle of 27 degrees 37 minutes 46 seconds, a radius of 380.00 feet having a back tangent of South 61 degrees 52 minutes 14 seconds East; THENCE with said curve in a Easterly direction and with the said Southerly line of Lakeshore Drive, an arc distance of 183.25 feet to a ½ inch iron rod w/cap found for the point of tangency of said curve; THENCE South 89 degrees 30 minutes 00 seconds East, 388.27 feet, with said Southerly line of Lakeshore Drive, to a ½ inch set iron rod w/cap for corner, said iron rod also being at the beginning of a circular curve to the right having a central angle of 12 degrees 50 minutes 19 seconds, a radius of 300.00 feet; THENCE with said curve in a Easterly direction and with the said Southerly line of Lakeshore Drive, an arc distance of 67.22 feet to a ½ inch iron rod set for the point of reverse curvature of a curve to the left having a central angle of 12 degrees 50 minutes 19 seconds, a radius of 300.00 feet; Page 11 Tax Abatement Agreement City of Coppell and Nypro Healthcare (TM 59858) THENCE with said curve in an Easterly direction and with the said Southerly line of Lakeshore Drive, an arc distance of 67.22 feet to a ½ inch iron rod found for the point of tangency of said curve; THENCE South 89 degrees 30 minutes 00 seconds East, 203.34 feet, with said Southerly line of Lakeshore Drive, to a ½ inch iron rod found for corner; THENCE South 10 degrees 48 minutes 30 seconds East, 56.09 feet departing said Southerly line of Lakeshore Drive, to a ½ inch iron rod found for corner in the West line of Belt Line Road (120 foot width right-of0way at this point); THENCE South 00 degrees 30 minutes 00 seconds West, 1,182.14 feet, with the said West line of Belt Line Road, to the POINT OF BEGINNING and containing 1,446,192 square feet or 33.2000 acres of land, more or less. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1023 File ID: Type: Status: 2013-1023 Agenda Item Passed 1Version: Reference: In Control: Planning 04/25/2013File Created: 05/14/2013Final Action: PD-91R2-SF-7, Northlake Woodlands E, PH I, Lot 10, Blk 2 File Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning change request from PD-91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development-91 Revision 2-Single Family-7), to allow a seven and one-half foot encroachment over the required 30-foot front building setback line at 616 Villawood Lane. Notes: Agenda Date: 05/14/2013 Agenda Number: 26. 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 05/14/2013City Council Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. 1) Greg Frnka, representing the applicant, was available for questions. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve this Agenda Item, subject to the following condition: 1) Replatting of the property to change the front yard building line to the proposed 22.5 feet. The motion passed by an unanimous vote. Action Text: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1023) Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1023 Title PUBLIC HEARING: Consider approval of Case No. PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning change request from PD -91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development -91 Revision 2-Single Family-7), to allow a seven and one-half foot encroachment over the required 30-foot front building setback line at 616 Villawood Lane. Summary The following P&Z condition remains outstanding: 1.Replatting of the property to change the front yard building line to the proposed 22.5 feet. Staff Recommendation: On April 18, 2013, the Planning Commission unanimously recommended approval of the ZONING CHANGE (6-0) subject to the above -stated condition. Commissioners Pritzlaff, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc The hom Analysis On April rezoning the propo Legal Re This did Fiscal Im None Recomm The Plan Attachm Staff Rep Mayo Gary L May 1 ce: Consi East, over t Speci ction: meowner desi s: l 18, 2013 P request, sub osed 22.5 fee eview: not require C mpact: mendation: nning Depart ments: port with atta r and City C L. Sieb, Dire 14, 2013 ider approva PH 1, Lot the required al Place to L ires to constr lanning & Z bject to the r et. City Attorne tment recom achment. MEM Council ector of Plan al of Case 10, Block 2 30-foot fron Live ruct a 147-sq Zoning Comm replatting of ey review. mmends Appr 1 MORANDU nning No. PD-91R 2, to allow a nt building se quare-foot p mission una the property roval UM R2-SF-7, N a seven and etback line orch at 616 V animously re y to change t Northlake W one-half fo Villawood L ecommended the front yar oodlands Es oot encroach Lane. d approval o rd building li states hment of this ine to ITEM # 4 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1 Lot 10, Block 2 P&Z HEARING DATE: April 18, 2013 C.C. HEARING DATE: May 14, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: 616 Villawood Lane SIZE OF AREA: 0.21 acres of property CURRENT ZONING: PD-91-SF-7 (Planned Development-91-Single Family-7) REQUEST: A zoning change to PD-91R2-SF-7 (Planned Development-91 Revision 2-Single Family-7), to allow a (7) seven-foot encroachment over the required 30-foot front building setback line, to allow the construction of a 147-square-foot porch. APPLICANT: Owner: Architect: Marion & Rebecca Singleton Greg Frnka, GPF Architects 616 Villawood Lane 446 W Bethel Road, Suite C Coppell, Texas 75019 Coppell, Texas 75019 Phone: 972-824-7966 Email: gfrnka@gpfarchitects.com HISTORY: The property is zoned PD-91-SF-7. The zoning was approved in March 1981 for the Northlake Woodlands East Subdivision. TRANSPORTATION: Villawood Lane is a 28-foot local road built to standard within a 50-foot right-of- way. SURROUNDING LAND USE & ZONING: North – single family residential; PD-91-SF-7 (Planned Development–91- Single Family–7) South – single family residential; SF-12 (Single Family–12) East – single family residential; PD-91-SF-7 (Planned Development–91- Single Family–7) West – single family residential; PD-91-SF-7 (Planned Development–91-Single Family–7) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for Residential Neighborhood uses. ITEM # 4 Page 2 of 2 DISCUSSION: This is a request to revise the front yard setback from the required 30 feet to 22.5 feet for the addition of a front porch. The 7- foot porch extension is simple in design and fits with the architecture of the existing residence. Stone is proposed at the base of the columns with a stained and sealed wood material extending to the ceiling. Currently, staff has received only positive comments about the addition from the surrounding neighbors. This being the case, staff is supportive of the change and can recommend approval subject to the replatting of the property to change the front yard building line from 30 feet to the proposed 22.5 feet. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APOPROVAL of this request subject to the replatting of the property to change the front yard building line to the proposed 22.5-feet. 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/Elevations 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 12/28/2017 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, Councilmember 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, Councilmember 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 Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-0931) 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: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember 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 12/28/2017 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: 2013-1048 File ID: Type: Status: 2013-1048 Agenda Item Passed 1Version: Reference: In Control: Parks and Recreation 05/06/2013File Created: 05/14/2013Final Action: Dog ParkFile Name: Title: Consider award of Bid No.Q-0513-01 from HQS Construction LLC, for the construction of the MacArthur Dog Park, in the amount of $288,984.32, and authorize the City Manager to sign the necessary documents. Notes: Agenda Date: 05/14/2013 Agenda Number: 28. Sponsors: Enactment Date: Memo.pdf, HQS Bid.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 PassApproved05/14/2013City Council Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, 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, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1048 Title Consider award of Bid No.Q-0513-01 from HQS Construction LLC, for the construction of the MacArthur Dog Park, in the amount of $288,984.32, and authorize the City Manager to sign the necessary documents. Summary See attached memo. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1048) Fiscal Impact: Funds are available in the Parks CIP accounts for this contract. Staff Recommendation: Approval is recommended. Goal Icon: Sustainable City Government Community Wellness and Enrichment Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: May 14, 2013 Reference: Consider award of Bid No.Q-0513-01 from HQS Construction LLC, for the construction of the MacArthur Dog Park, in the amount of $288,984.32, and authorize the City Manager to sign the necessary documents 2030: Although not specifically called out for in the Coppell 2030 Plan, a dog park could be included in the Community Wellness and Enrichment Strategy, under the goal Community Gathering Places, with the value to the residents of creating activities for all family generations and neighbors meeting neighbors and making new friends. It might also meet the goal of having Recreation Programs and Services For All Generations, with the value to the residents of having a variety of choices for leisure time and convenient access to recreation opportunities in Coppell. Introduction: The Parks and Recreation Department and the Park Board have heard from a number of citizen groups over the past twelve years who are in support of having an off-leash dog park in Coppell. There is currently a group of organized citizens who have been speaking with the Park Board and the City Council for several months about the idea that now is the time for such an amenity. At the February 12, 2013 City Council meeting, the Council asked the Parks and Recreation Department to design and obtain pricing for the building of a dog park within MacArthur Park. The design firm of Teague Nall Perkins was commissioned to put together a bid package of design elements including minor grading of the site, irrigation installation, grass planting, concrete walkways, perimeter fencing, site drainage improvements, along with signage and a bulletin board. Also bid were alternate items including benches, shade shelter, a pet waste station, drinking fountain, pet comfort station and boulders for seating. The City Council asked that added lighting be priced to accommodate nighttime use. Lighting for the project includes three (3) LED fixtures on poles, which were bid separately from the work described here. The price for the lighting is $34,821.00 and is not included with this award. 2 Bid No. Q-0513-01 closed on May 2, 2013, at which time 3 bids were opened. The base bids ranged from a net high of $261,886.76 (C. Greenscaping, LP), to a net low of $242,924.32. The low bidder meets all specifications and is recommended for award. The following alternate bid items are also recommended for inclusion in the award: Item 22 (7 benches), Item 24 (pet waste station), Item 25 (2 drinking fountains), Item 26 (pet comfort station), Item 27 (1” water meter), Item 28 (1” backflow prevention device), Item 29 (water line), Item 31 (electrical conduit). The total pricing for these bid alternate items is $46,060.00. In order to keep the recommended award as close to the original estimate as possible, item 23 (30’x30’ shade shelter) and item 30 (landscape boulders) are not recommended for inclusion in this award. The need for these items will be evaluated on an ongoing basis for possible inclusion in a future budget cycle, or funded through private donations if possible. Analysis: HQS Construction LLC has been qualified by staff and the designer. They appear to be a qualified bidder with relevant successful experience. The bids are slightly higher than originally anticipated due to grading and soil improvements that are highly recommended. These additions will add significantly to the quality of the turf over time and reduce the water standing on the surface after rain events or irrigation. Legal Review: Agenda item did not require legal review Fiscal Impact: The expenditure for this item will be $288,984.32. Funds are not currently budgeted for this facility. Recommendation: The Parks and Recreation Department recommends approval of this item. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1061 File ID: Type: Status: 2013-1061 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 05/07/2013File Created: 05/14/2013Final Action: City Manager's ReportFile Name: Title: Project Updates and Future Agendas. Notes: Agenda Date: 05/14/2013 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 Filed05/14/2013City Council Read and Filed City Manager Clay Phillips reminded Council that a Public Forum for the CRDC 1/2 Cent Sales Tax Reauthorization will be held at 6:30 p.m. in the Council Chambers on May 21st. There is also only one Council meeting in June. Regarding Project Updates, the Mockingbird Rebuild is ahead of schedule and looks to be finished by the beginning of school. The Sandy Lake Road Bid Award should be coming forward at the May 28th meeting. The project will entail a 12-month construction period. Finally, the Creekview Drive contract should also be coming forward at the May 28th meeting. Action Text: Text of Legislative File 2013-1061 Title Project Updates and Future Agendas. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1061) Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1041 File ID: Type: Status: 2013-1041 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 05/01/2013File Created: 05/14/2013Final Action: Mayor and Council ReportsFile Name: Title: A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Councilmember Mays regarding Vern Edin’s Retirement Celebration. Notes: Agenda Date: 05/14/2013 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 Filed05/14/2013City Council Read and Filed Mayor Hunt attended the Metroplex Mayors' Meeting. The discussion included the recent election results, as well as a report from the Child Advocacy Center in Collin County. Councilmember Mays reported on Vern Edin's Retirement Celebration. The CMS West Principal served CISD for 27 years and had many family and friends attend his retirement party. Action Text: Text of Legislative File 2013-1041 Title A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Councilmember Mays regarding Vern Edin’s Retirement Celebration. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1041) Staff Recommendation: 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 12/28/2017