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CP 2019-04-09City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, April 9, 2019 KAREN HUNT CLIFF LONG Mayor Mayor Pro Tem BRIANNA HINOJOSA-SMITH NANCY YINGLING Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 GARY RODEN MARK HILL Place 4 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.074, Texas Government Code - Personnel Matters. Discussion regarding the evaluation for the City Manager. 3.Work Session (Open to the Public) 1st Floor Conference Room Page 1 City of Coppell, Texas Printed on 4/5/2019 April 9, 2019City Council Meeting Agenda A.Discussion of agenda items. B.Discussion of drainage and intersection improvements. C.Presentation by the Coppell Arts Council. Memo - Intersection and Drainage Imrpv.pdf Memo - 2019 Arts Splash.pdf Attachments: 4.Regular Session (Open to the Public) 5.Invocation 7:30 p.m. 6.Pledge of Allegiance 7.Presentation on the Dallas Love Field Noise Monitoring Program. 8.Consider approval of a Proclamation naming April 1-30, 2019, as “Wyland Mayor’s Challenge for Water Conservation Month.” Water Challenge Proclamation 2019.pdfAttachments: 9.Presentation of the Texas Municipal Library Directors Association "Achievement of Library Excellence Award" to the Cozby Library and Community Commons. 10.Consider approval of a proclamation naming April 7-13, 2019 “National Library Week” and authorizing the Mayor to sign. National Library Week Proclamation 2019.pdfAttachments: 11.Annual report by the Coppell Library Board. 12.Presentation by the Coppell Arts Council regarding the 2019 Old Town Arts Splash. 13.Citizens’ Appearance 14.Consent Agenda A.Consider approval of the minutes: March 26, 2019. CM 2019-03-26.pdfAttachments: B.Consider approval of an agreement between Cypress Waters Property Association and City of Coppell to sell untreated water from Northlake for irrigation purposes only; and authorizing the City Manager to sign said agreement. Cypress Waters Irrigation Memo.pdf Cypress Waters Irrigation Exhibit.pdf Untreated Water Purchase Contract for Irrigation.pdf Attachments: Page 2 City of Coppell, Texas Printed on 4/5/2019 April 9, 2019City Council Meeting Agenda End of Consent Agenda 15.PUBLIC HEARING: Consider approval of S-1033R6-SF-12, Vista (Coppell Classical) Academy, zoning change request from S-1033R5-SF-12 (Special Use Permit-1033 Revision 5-Single Family-12) to S-1033R6-SF-12 (Special Use Permit-1033 Revision 6-Single Family-12), to approve a revised site and landscape plan for the extension of the fire lane and the addition of 46 parking spaces on 4.85 acres of property located at 140 S. Heartz Road, at the request of Responsive Education Solutions, being represented by Josh Barton, PE, G&A | McAdams. Council Cover Memo.pdf Narrative.pdf Site Plan.pdf Landscape Plan.pdf Traffic Plan.pdf Attachments: 16.PUBLIC HEARING: Consider approval of ZC-627, 361 and 365 Hearthstone Lane (rear portions), being a rezoning request from H (Historic) to SF-9 (Single Family-9) on 0.3 acres of property located approximately 120 feet west of Hearthstone Lane and approximately 153 feet north of W. Bethel Road, being the rear portions of 361 and 365 Hearthstone Lane at the request of David & Fiona Barleggs and Amy & Michael Curtis being represented by Eddie Rodrigues, Windrose Land Surveying. Cover Memo.pdf Staff Report.pdf Zoning Exhibit.pdf Attachments: 17.City Manager Reports - Project Updates and Future Agendas 18.Mayor and Council Reports Report by the City Council regarding recent and upcoming events. 19.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 20.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor Page 3 City of Coppell, Texas Printed on 4/5/2019 April 9, 2019City Council Meeting Agenda CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 5th day of April, 2019, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION 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 Kori Konon, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Page 4 City of Coppell, Texas Printed on 4/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4487 File ID: Type: Status: 2018-4487 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 04/03/2019File Created: Final Action: Executive SessionFile Name: Title: Discussion regarding the evaluation for the City Manager. Notes: Agenda Date: 04/09/2019 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 04/09/2019City Council Text of Legislative File 2018-4487 Title Discussion regarding the evaluation for the City Manager. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4487) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4485 File ID: Type: Status: 2018-4485 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 04/03/2019File Created: Final Action: Work SessionFile Name: Title: A.Discussion of agenda items. B.Discussion of drainage and intersection improvements. C.Presentation by the Coppell Arts Council. Notes: Agenda Date: 04/09/2019 Agenda Number: Sponsors: Enactment Date: Memo - Intersection and Drainage Imrpv.pdf, Memo - 2019 Arts Splash.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 04/09/2019City Council Text of Legislative File 2018-4485 Title A.Discussion of agenda items. B.Discussion of drainage and intersection improvements. C.Presentation by the Coppell Arts Council. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4485) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 1 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Date: April 8, 2019 Reference: Discussion of Intersection and Drainage Improvement Projects 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information: • The City is responsible for maintaining conveyance in streams • The City is responsible for maintaining storm drain infrastructure located in drainage easements • The City needs to implement one recommended drainage improvement on Denton Creek at Denton Tap Road • A number of intersections in the City would benefit from capacity improvements in the way of auxiliary lanes Introduction/Analysis: Staff will present specific drainage projects that need to be implemented to meet obligations regarding infrastructure and conveyance maintenance. Staff will also present proposed intersection improvements at various locations in the City. Staff will request feedback on the identified projects to proceed with design and include in a future bond sale for construction. Legal Review: No legal review was required. Fiscal Impact: There is no fiscal impact related to this item. Recommendation: This item is presented for discussion only. MEMORANDUM To: Mayor and City Council Through: Mike Land, City Manager From: Christel Pettinos, City Secretary Date: April 9, 2019 Reference: Coppell Arts Council – 2019 Old Town Art Splash Presentation Taria Greenberg and Ed Guignon will be presenting in Work Session and during the Regular Session on the 2019 Old Town Art Splash. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4482 File ID: Type: Status: 2018-4482 Presentation Presentations 1Version: Reference: In Control: City Secretary 04/02/2019File Created: Final Action: Noise Lab PresentationFile Name: Title: Presentation on the Dallas Love Field Noise Monitoring Program. Notes: Agenda Date: 04/09/2019 Agenda Number: 7. 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 04/09/2019City Council Text of Legislative File 2018-4482 Title Presentation on the Dallas Love Field Noise Monitoring Program. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4482) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4477 File ID: Type: Status: 2018-4477 Agenda Item Proclamations 1Version: Reference: In Control: City Secretary 04/02/2019File Created: Final Action: Water ProclamationFile Name: Title: Consider approval of a Proclamation naming April 1-30, 2019, as “Wyland Mayor’s Challenge for Water Conservation Month.” Notes: Agenda Date: 04/09/2019 Agenda Number: 8. Sponsors: Enactment Date: Water Challenge Proclamation 2019.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 04/09/2019City Council Text of Legislative File 2018-4477 Title Consider approval of a Proclamation naming April 1-30, 2019, as “Wyland Mayor’s Challenge for Water Conservation Month.” Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4477) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 PROCLAMATION WHEREAS, the City of Coppell and the State of Texas continue to explore ways to manage residential consumption of water and power, and to inspire residents to care for our natural resources; and WHEREAS, we can engage in efforts to inspire our communities, as well as neighboring cities, to become better environmental stewards; and WHEREAS, the annual National Mayor’s Challenge for Water Conservation, presented by the Wyland Foundation and Toyota, with support from the U.S. EPA, The Toro Company, National League of Cities, and Earth Friendly Products, is a healthy, non-profit competition between cities for cleaner communities and water use and pollution reduction; and WHEREAS, with the encouragement from Mayors, residents may register online to participate in their cit y’s challenge by making simple pledges to decrease water use and to reduce pollution for the period of one year, thereby assisting cities to apply State and Federal water conservation strategies and to target mandated reduction. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, Texas, do hereby proclaim April 1-30, 2019, as: “2019 NATIONAL MAYOR’S CHALLENGE FOR WATER CONSERVATION MONTH” in the City of Coppell and wish to inspire our residents and neighboring communities to take the “Wyland Mayor’s Challenge for Water Conservation” by making a series of online pledges at mywaterpledge.com, to reduce the impact on the environment, and to see immediate savings in water, trash, and electricity bills. IN WITNESS THEREOF, I set my hand and caused the seal of the City of Coppell to be affixed this 9th day of April 2019. ATTEST: Karen Selbo Hunt, Mayor Christel Pettinos, City Secretary Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4481 File ID: Type: Status: 2018-4481 Presentation Presentations 1Version: Reference: In Control: City Secretary 04/02/2019File Created: Final Action: Library Award PresentationFile Name: Title: Presentation of the Texas Municipal Library Directors Association "Achievement of Library Excellence Award" to the Cozby Library and Community Commons. Notes: Agenda Date: 04/09/2019 Agenda Number: 9. 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 04/09/2019City Council Text of Legislative File 2018-4481 Title Presentation of the Texas Municipal Library Directors Association "Achievement of Library Excellence Award" to the Cozby Library and Community Commons . Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4481) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4479 File ID: Type: Status: 2018-4479 Agenda Item Proclamations 1Version: Reference: In Control: City Secretary 04/02/2019File Created: Final Action: Library Week ProclamationFile Name: Title: Consider approval of a proclamation naming April 7-13, 2019 “National Library Week” and authorizing the Mayor to sign. Notes: Agenda Date: 04/09/2019 Agenda Number: 10. Sponsors: Enactment Date: National Library Week Proclamation 2019.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 04/09/2019City Council Text of Legislative File 2018-4479 Title Consider approval of a proclamation naming April 7-13, 2019 “National Library Week” and authorizing the Mayor to sign. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4479) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 PROCLAMATION WHEREAS, today’s libraries are not just about what they have for people, but what they do for and with people; and WHEREAS, libraries have long served as trusted and treasured institutions where people of all backgrounds can come together to connect; and WHEREAS, librarians and library workers look beyond their traditional roles to build stronger communities through transformative opportunities for education, employment, entrepreneurship, empowerment and engagement; and WHEREAS, libraries are cornerstones of democracy, leveling the playing field by providing free access to information, and by promoting the free exchange of information and ideas among all people, and WHEREAS, libraries are a resource for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status; and WHEREAS, librarians and library workers partner with other civic organizations to make sure their community’s needs are being met; WHEREAS, the Cozby Library and Community Commons has been serving the City of Coppell in all these ways, and more, since 1974; and WHEREAS, libraries, librarians, library workers and library supporters across America are celebrating National Library Week, NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, Texas, do hereby proclaim April 7-13, 2019, as: “NATIONAL LIBRARY WEEK” in the City of Coppell and encourage all residents to visit their library this week, engage with your librarians, and explore the world of possibilities available there. Because of you and our library leaders, Libraries Transform. IN WITNESS THEREOF, I set my hand and caused the seal of the City of Coppell to be affixed this 9th day of April 2019. Karen Selbo Hunt, Mayor ATTEST: ____________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4480 File ID: Type: Status: 2018-4480 Agenda Item Board Reports 1Version: Reference: In Control: City Secretary 04/02/2019File Created: Final Action: Library Board ReportFile Name: Title: Annual report by the Coppell Library Board. Notes: Agenda Date: 04/09/2019 Agenda Number: 11. 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 04/09/2019City Council Text of Legislative File 2018-4480 Title Annual report by the Coppell Library Board. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 4/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4488 File ID: Type: Status: 2018-4488 Presentation Presentations 1Version: Reference: In Control: City Secretary 04/04/2019File Created: Final Action: CAC PresentationFile Name: Title: Presentation by the Coppell Arts Council regarding the 2019 Old Town Arts Splash. Notes: Agenda Date: 04/09/2019 Agenda Number: 12. 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 04/09/2019City Council Text of Legislative File 2018-4488 Title Presentation by the Coppell Arts Council regarding the 2019 Old Town Arts Splash. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4488) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4478 File ID: Type: Status: 2018-4478 Agenda Item Consent Agenda 1Version: Reference: In Control: City Secretary 04/02/2019File Created: Final Action: MinutesFile Name: Title: Consider approval of the minutes: March 26, 2019. Notes: Agenda Date: 04/09/2019 Agenda Number: A. Sponsors: Enactment Date: CM 2019-03-26.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 04/09/2019City Council Text of Legislative File 2018-4478 Title Consider approval of the minutes: March 26, 2019. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4478) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, March 26, 2019 KAREN HUNT CLIFF LONG Mayor Mayor Pro Tem BRIANNA HINOJOSA-SMITH NANCY YINGLING Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 GARY RODEN MARK HILL Place 4 Place 7 MIKE LAND City Manager Karen Hunt;Cliff Long;Wes Mays;Nancy Yingling;Biju Mathew and Mark HillPresent6 - Brianna Hinojosa-Smith and Gary RodenAbsent2 - Also present were City Manager Mike Land, Deputy City Managers Traci Leach and Vicki Chiavetta, Deputy City Secretary Ashley Owens and City Attorney Bob Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 26, 2019 at 5:30 p.m. in the City Council Chambers of Town Center, 255 E. 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 5:39 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.074, Texas Government Code - Personnel Matters. A.Discussion regarding the evaluation process for the City Manager. Discussed under Executive Session Page 1City of Coppell, Texas March 26, 2019City Council Minutes Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. B.Discussion regarding pending litigation styled as City of Coppell v. Western A. South, LLC. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. C.Discussion regarding real property located south of East Belt Line and east of South Belt Line. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:35 p.m. and convened into the Work Session. A)Discussion of agenda items. B)Discussion regarding Vision 2040 Strategic Plan. C)Update regarding Arts Center Business Strategy. D)Discussion regarding a change order for the Arts Center. E)Website and mobile app update. Presented in Work Session Regular Session (Open to the Public) Mayor Hunt adjourned the Work Session at 7:37 p.m. and reconvened into the Regular Session. Invocation 7:30 p.m.4. Pastor Jeff Spangler with Generate Life Church gave the invocation. Pledge of Allegiance5. Mayor Hunt and the City Council led those present in the Pledge of Allegiance. Citizens’ Appearance6. Mayor Hunt announced no one signed up to speak. Consent Agenda7. Mayor Hunt announced that Consent Agenda Item B has been pulled from the agenda and is postponed to the April 9, 2019 City Council Meeting. Page 2City of Coppell, Texas March 26, 2019City Council Minutes A.Consider approval of the minutes: February 26, 2019. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. B.Consider approval of an agreement between Cypress Waters Property Association and City of Coppell to sell untreated water from Northlake for irrigation purposes only; and authorizing the City Manager to sign said agreement. Consent Agenda Item B has been pulled from the agenda and is postponed to the April 9, 2019 City Council Meeting. C.Consider approval for the BuyBoard purchase of one replacement Spider Lift for the Facilities division of Public Works; in the amount of $105,741.02; as budgeted; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. D.Consider approval for the purchase of one replacement vehicle for the Public Works Department; from Caldwell Country Chevrolet; utilizing contract pricing through BuyBoard No. 521-16; in the amount of $51,720.00; as budgeted; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. E.Consider approval to enter into a design contract with Criado & Associates, Inc.; in the amount of $193,107.00; as budgeted; for full residential street reconstruction of Cambria Drive and Wise Way; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an Page 3City of Coppell, Texas March 26, 2019City Council Minutes amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. F.Consider approval of an Ordinance for PD-295-HC, Archway 121, a zoning change request from HC (Highway Commercial) to PD-295-HC to establish a Concept Site Plan for gas station, hotel, retail, restaurants and office uses on 8.7 acres of property and a Detail Site Plan for a convenience food store with gas pumps on 2.2 acres located at the southeast corner of SH 121 and Freeport Parkway; and authorizing the Mayor to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-739 G.Consider award of RFP #165 from Allied Outdoor Solutions in the amount of $209,259.00; as budgeted; for the replacement of the outdoor pool deck at The CORE; and authorizing the City Manager to execute any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. H.Consider approval of Coppell Recreation Development Corporation appointment of Officers. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. I.Consider approval of a Resolution in support of HB 2461 and SB 1658 relating to the territory and fees imposed by certain emergency communication districts; and authorizing the Mayor to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an Page 4City of Coppell, Texas March 26, 2019City Council Minutes amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. Enactment No: RE 2019-0326.1 J.Consider approval of a Resolution to recommend an amendment to SB 2 and HB 2 relating to ad valorem taxation providing for the calling of an election to exceed the rollback rate from 78 days to 46 days; and authorizing the Mayor to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Nancy Yingling, to amend Item J of the Consent Agenda to remove specific references to sections of HB 2 and SB 2 and to seek an amendment to Section 26.08 of the Tax Code concerning the calling and notice of a rollback election to September 15th and notice to be provided in Section 3.05(d) of the Election Code and that Consent Agenda Items A, C-J be approved. The motion passed by an unanimous vote. Enactment No: RE 2019-0326.2 End of Consent Agenda 8.Consider approval of an Ordinance amending Chapter 12, Article 28A, “H” Historic District, Section 12-28A-5, Standards of Construction and, Section 12-28A-7, Signage Requirements; to provide for approval of signage by the Director of Community Development and to allow the display of Mural Signs and provide regulation thereof in the Historic District; providing a repealing clause; providing a severability clause; providing a penalty clause; and providing an effective date; and authorizing the Mayor to sign. Mayor Hunt announced that Item 8 on the Regular Agenda will be pulled and postponed to the April 23, 2019 City Council meeting. 9.Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at any times on a portion of various streets within the Eastlake Subdivision; and authorizing the Mayor to sign. Presentation: Public Works Director Kent Collins made a presentation to the City Council. A motion was made by Councilmember Nancy Yingling, seconded by Mayor Pro Tem Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. Enactment No: OR 2019-1513 10.Consider approval of an amendment to the Tyler Technologies agreement, dated November 15, 2017, to add the Asset Maintenance Page 5City of Coppell, Texas March 26, 2019City Council Minutes and Performance software in the amount of $155,740.00; and authorizing the City Manager to sign any necessary documents. Mayor Hunt read Agenda Items 10 and 11 into the record to be considered together. Presentation: Finance Director Jennifer Miller made a presentation to the City Council. A motion was made by Councilmember Mark Hill, seconded by Councilmember Wes Mays, that Agenda Items 10 and 11 be approved. The motion passed by an unanimous vote. 11.Consider approval of an amendment to the Online Business Systems agreement, dated August 1, 2017, to add an additional 8 months of ERP Implementation - Project Management Services in the amount of $184,000.00; and authorizing the City Manager to sign any necessary documents. See Item 10. 12.Consider award of Bid #Q-0219-01 from William H. Company in the amount of $214,000.00, available in the CRDC Special Revenue Account and CIP Funds, for the construction of the Nature Explore Classroom at the Biodiversity Education Center and authorizing the City Manager to execute any necessary documents Presentation: Community Programs Manager Molly Bujanda made a presentation to the City Council. The owner of William H. Company, William Cole, 4612 Slayton Road, Cleburne, Texas, was present to answer questions from City Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Biju Mathew, that this Agenda Item be approved. The motion passed by an unanimous vote. 13.Consider approval of Change Order #2 for the construction of the Coppell Arts Center, in the amount of $478,000.00, for the addition of an owner’s contingency into the Guaranteed Maximum Price and authorizing the City Manager to sign. Presentation: Arts Center Managing Director Alex Hargis made a presentation to the City Council. A motion was made by Councilmember Nancy Yingling, seconded by Mayor Pro Tem Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. City Manager Reports - Project Updates and Future Agendas14. City Manager Mike Land reported that the eastern half of Freeport Parkway is being paved and currently expected to last about 12 weeks. Page 6City of Coppell, Texas March 26, 2019City Council Minutes Construction on Parkway Boulevard has started this week and contractors will be working block by block to help with traffic control. Mr. Land reported that the funeral service for Firefighter Michael Williams will be held on Thursday, March 28th at 11 A.M. at Fellowship Church in Grapevine. Mayor and Council Reports15. Report by the City Council regarding recent and upcoming events. Join Coppell Animal Services at the Biodiversity Education Center, 367 Freeport Parkway, from 6:30 – 7:30 pm on Thursday, March 28 for Wild Neighbors: Solving Urban Wildlife Problems. Find out what to do if you see wild creatures, as well as facts and falsehoods about urban wildlife. The class will be led by Marcus Stephens, Professional Wildlife Control Operator, North Texas Regional Manager of 911 Wildlife and former Game Warden. On April 2nd, beginning at 7 p.m. in Council Chambers there will be a Town Hall Meeting to discuss the budget process. Staff will be on hand to discuss current and upcoming projects and to answer your questions. The agenda for the meeting will be made available prior to the meeting. April Pools Day will be on April 6th from 1 to 5 p.m. at The CORE. Grab your swimsuit and join us for an afternoon of pool fun. Enjoy free open swim in the indoor pool, popsicles, games, balloon animals and door prizes. Everyone is welcome! Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 16. A.Report on North Texas Commission - Councilmember Nancy Yingling B.Report on North Central Texas Council of Governments - Councilmember Wes Mays C.Report on Metrocrest Services - Councilmember Wes Mays A) Councilmember Nancy Yingling reported that the North Texas Commission will be hosting North Texas Unites! event in Austin. The Leadership North Texas applications for Class 11 are open until June 7th. NTC is celebrating the 10 year anniversary of the Leadership North Texas classes on May 17th. B) Councilmember Wes Mays reported that the North Central Texas Commission of Governments will be expanding their driverless vehicle service by asking their employees to test the vehicles by traveling to local destinations in the areas around their office. C) Councilmember Wes Mays reported that the Metrocrest Keyholder Breakfast will be held on March 28th, and there are still raffle tickets for the 7-day trip to Mexico available for purchase. Councilmember Mays announced that the Metrocrest Services Board introduced their newest member, Mr. Marvin Franklin. Congratulations to Mr. Franklin! Page 7City of Coppell, Texas March 26, 2019City Council Minutes Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17. Nothing to report. Necessary Action from Executive Session18. Councilmember Wes Mays made a motion, seconded by Councilmember Mark Hill, to authorize the City Manager and City Attorney to take the necessary procedural actions to deposit the sum of $341,290.00 for acquisition of 1.567 acres of real property located along Northpoint Drive, as defined in the eminent domain proceeding, styled as City of Coppell v. Western A. South, LLC, filed in County Court #1 of Dallas County. The motion passed by an unanimous vote. Adjournment There being no further business before the City Council, the meeting was adjourned at 8:30 p.m. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Ashley Owens, Deputy City Secretary Page 8City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4088 File ID: Type: Status: 2018-4088 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/06/2018File Created: Final Action: Cypress Waters AgreementFile Name: Title: Consider approval of an agreement between Cypress Waters Property Association and City of Coppell to sell untreated water from Northlake for irrigation purposes only; and authorizing the City Manager to sign said agreement. Notes: Agenda Date: 04/09/2019 Agenda Number: B. Sponsors: Enactment Date: Cypress Waters Irrigation Memo.pdf, Cypress Waters Irrigation Exhibit.pdf, Untreated Water Purchase Contract for Irrigation.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 04/09/2019City CouncilPostponed03/26/2019City Council Consent Agenda Item B has been pulled from the agenda and is postponed to the April 9, 2019 City Council Meeting. Action Text: 1 04/09/2019City Council Text of Legislative File 2018-4088 Title Consider approval of an agreement between Cypress Waters Property Association and City of Coppell to sell untreated water from Northlake for irrigation purposes only; and authorizing the City Manager to sign said agreement. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4088) [Enter Fiscal Impact Statement Here] Staff Recommendation: The Public Works Department recommends approval. 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 4/5/2019 1 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Date: March 26, 2019 Reference: Contract with the Cypress Waters Property Association for Untreated Irrigation Water 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  The City has a contractual obligation to operate North Lake within a specified water elevation of a 1 foot “operating pool depth”.  The City has a contractual obligation to provide irrigation water for the property surrounding North Lake, being developed as Cypress Waters.  The City is pursuing changes to the water rights in North Lake from industrial to irrigation use.  The City has approved a contract with the City of Dallas to purchase untreated water for irrigation purposes and has received permission from the City of Dallas to sell that untreated water.  The City has approved contracts and has started work to provide on-call pumping services as well as establish a pumping intake platform to deliver untreated water from the Elm Fork of the Trinity River into North Lake.  The proposed agreement with Cypress Waters identifies the terms under which irrigation water will be taken from North Lake, in accordance with previous agreements. Introduction: This agenda item is presented to consider approval of an agreement between Cypress Waters Property Association and City of Coppell to sell untreated water from North Lake for irrigation purposes only; and authorizing the City Manager to sign said agreement. 2 History: North Lake was built in 1957 by Dallas Power and Light (later known as Luminant) as a cooling pond for a steam electric generating plant. In 2010, the power plant was decommissioned and by 2012, ownership was transferred to the City of Coppell. Cypress Waters soon began to develop around the lake. In the agreement with Cypress Waters, the City was responsible for lowering the pool elevation by 25 feet, constructing a new spillway, and lowering the elevations of the main and saddle dam. Construction of these modifications by the City was complete in 2014. Currently, North Lake has a normal pool elevation of 485’. The City has a commitment to maintain North Lake within a specified water elevation of a 1 foot “operating pool depth.” The City also has a commitment to provide up to 1250 acre-feet of water annually to Cypress Waters for irrigation purposes. Cypress Waters is currently working to construct facilities to pump irrigation water from North Lake. An analysis of water supply alternatives identified untreated water pumped from the Elm Fork of the Trinity River as the preferred alternative (compared to treated water or drilling water wells). The implementation of the raw water pumping system (from the Elm Fork into North Lake) is in progress and the City is in the process of making formal changes to the water rights for North Lake. The water rights allow for 1000 acre-feet of water per year from North Lake. The purchased water from DWU will supply the additional 250 acre-feet for irrigation and the water to maintain the lake level, as needed. Analysis: The proposed agreement is modeled after the agreement between the City of Coppell and the City of Dallas for the purchase of untreated water. As written, Cypress Waters is limited to 1250 acre-feet of irrigation water per year and will pay the current regular untreated water rate as adopted by the City of Dallas, plus a reasonable administrative charge of $5,000 per year, amended each five years based on the 5-year change in CPI. The agreement details the pumping location, that Cypress Waters will need to meter the irrigation water and report to the City of Coppell for billing purposes, etc. Cypress Waters will pay the same rate that DWU charges the City of Coppell for untreated water, plus the administrative fee. Legal Review: The agreement was prepared by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item will depend on annual weather conditions and the quantity of water used for irrigation. Recommendation: The Public Works Department recommends approval of this contract. City of Coppell Untreated Water Purchase Contract for Irrigation Page 1 of 18 STATE OF TEXAS § § COUNTY OF DALLAS § CITY OF COPPELL UNTREATED WATER PURCHASE CONTRACT FOR IRRIGATION WHEREAS, The Neighborhoods of Cypress Waters Association, Inc. (hereinafter called “Purchaser”) a Texas nonprofit corporation, desires to purchase from the City of Coppell, Texas (hereinafter called “Coppell”), untreated water for irrigation of the property adjacent and surrounding Northlake which is located in Dallas County. WHEREAS, said water would be taken from diversion points located in Northlake in amounts hereinafter specified; and WHEREAS, water diverted by Purchaser shall be supplied to and stored in Northlake through that one certain “Untreated Water Purchase Contract” (the “Coppell Purchase Contract”) dated September 20, 2018, by and between Coppell (as purchaser) and City of Dallas (“DWU”) (as seller), authorizing Coppell’s diversion of water from the Dallas Elm Fork Trinity River Water Supplies conveyed down the Elm Fork of the Trinity River, and diverted from the river into Northlake under the Coppell Purchase Contract in accordance with DWU’s operational guidelines, Exhibit B; and WHEREAS, Coppell, pursuant to Certificate of Adjudication 08-2365 (the “Certificate of Adjudication”), is entitled to appropriate up to 1000 acre feet of water of Northlake annually; and Coppell has contractually procured an additional 250-acre feet of untreated water. A true and correct copy of the Certificate of Adjudication and all effective amendments is attached to this Contract; and WHEREAS, the water so diverted may be used for irrigation purposes under said Certificate pursuant to the Pumping and Metering equipment installed and maintained by Purchaser, Exhibit B; and WHEREAS, the parties desire to enter into this Untreated Water Purchase Contract ("Contract") allowing Purchaser to purchase untreated water at a rate as established herein, equal to the rate established periodically as provided in Section 5 of this Contract, and as may thereafter be changed from time to time in the manner set out herein below, in accordance with applicable regulations and procedures established by the appropriate state agencies and Coppell; and WHEREAS, on April 9, 2019, the City Council of Coppell found that this Contract was in the public interest in facilitating Coppell’s performance under that one certain Amended and Restated Northlake Agreement dated August 2, 2013, by and among Coppell, Cypress Waters Land A, Ltd., Cypress Waters Land B, Ltd., and Cypress Waters Land C, Ltd. (which partnerships i_7439331v.4 City of Coppell Untreated Water Purchase Contract for Irrigation Page 2 of 13 are affiliated with Purchaser through the ownership of certain land within the jurisdiction and management authority of Purchaser, WHEREAS, the parties understand and acknowledge that this Contract shall be subject to applicable regulations and procedures administered by the City of Dallas, TCEQ, TWDB, and Coppell governing the appropriation, diversion, and use of untreated water. NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions given by each party, Coppell and Purchaser agree as follows: 1. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf of Coppell by its Public Works Department, or the Director’s, and on behalf of Purchaser by authorized official or designated representative. 2. AVAILABILITY AND DIVERSION POINT. A. Coppell agrees to sell untreated water to Purchaser for irrigation uses only, as outlined below, subject to accessibility from DWU under the Coppell Purchase Contract. The sale of untreated water to meet the requirements of Purchaser is subject to and limited by the available system supply (as determined by the Director). Sales of untreated water, however, shall not be unreasonably withheld. Purchaser shall divert water only at diversion points as described in Exhibit A, attached hereto and fully incorporated herein for all purposes as if copied word for word, subject to subsection 2B, below. B. Purchaser may, in the future, request additional diversion points and/or quantities of water under this Contract. Such additional requests may be granted with the approval of TCEQ and when so approved, shall be deemed to be made a part of this Contract, thereby amending Section 4 and/or Exhibit A of this Contract. Coppell agrees to cooperate reasonably in Purchaser’s application(s); if any, to TCEQ for an amendment to the Certificate of Adjudication to facilitate Purchaser’s irrigation activity or for any other purpose contemplated hereunder. C. Exhibit A satisfies the requirement in current TCEQ rule contained in 30 Texas Administrative Code, Section 295.101(b) for inclusion of a vicinity map in the water purchase contract under the applicable Certificate of Adjudication; a copy of the warranties, operational manuals, any operational protocols used by the Purchaser shall be provided to Coppell. 3. WATER YEAR. The term “Water Year” means the period described by applicable ordinance of the City of Dallas, as may be amended from time to time. Currently, the Water Year begins on June 1 and ends on May 31 of the following calendar year. City of Coppell Untreated Water Purchase Contract for Irrigation Page 3 of 13 4. MINIMUM/MAXIMUM PURCHASE. Purchaser agrees to pay, as billed, for the minimum quantity of water as stated below, notwithstanding that a lesser amount may actually be taken. Should greater amounts than the minimum be taken, payment shall be as indicated in Section 10 of this Contract. Purchaser shall not, in any Water Year, take more than the maximum quantity of water stated below. Any quantity taken above the maximum quantity shall be considered an unauthorized diversion by the Purchaser, and the Contract is subject to termination under Section 14.C; however, Purchaser shall remain liable for the charges for the quantity taken in excess of the maximum allowed quantity. Minimum Usage Maximum Usage 10 ac-ft per Water Year (3,258,509 gallons) 1,250 ac-ft per Water Year (407,313,750 gallons) 5. RATES. Purchaser shall pay Coppell for untreated water taken under this Contract, at the current regular rate for untreated water sales as specified by Coppell Purchase Contract. Additionally, Coppell may also charge a seven thousand five-hundred dollars ($7500.00) annual administrative fee, to be adjusted every five years based on the five-year change in CPI, to offset the administrative obligation to perform under this agreement, and shall pay all other applicable charges for untreated water as adopted from time to time by the City of Coppell or City of Dallas as part of each entity rate making authority. 6. MEASUREMENT OF CONSUMPTION. A. Adequate metering facilities, as approved by the Director, will be provided by the Purchaser at the diversion point(s). Payments are due monthly, in accordance with the provisions of Sections10 and 11, for all metered consumption. The Director shall have the right to test the meter and Coppell reserves the right to bill on estimated quantities if the meter is found to be inaccurate. If the meter is discovered to be malfunctioning, the amount of water that has passed through such meter will be estimated for each day that the meter has not been functioning correctly. The last correctly measured monthly consumption will be used as a basis for calculating the amount of water taken during the time such meter has not been functioning correctly. Purchaser shall maintain daily pumping logs to provide an alternate manner for estimating billings. Purchaser has a maximum of sixty (60) days to have any faulty meter repaired or replaced. Upon completion, Purchaser is required to contact Coppell to solicit the Director’s approval of any new or repaired meter. C. Purchaser shall provide Coppell with monthly reports describing the amount of monthly usage of water. The reports shall be in a form prescribed by the Director. City of Coppell Untreated Water Purchase Contract for Irrigation Page 4 of 13 7. OPERATIONAL GUIDELINES. Coppell and Purchaser agree to abide by the Dallas Operational Guidelines in Exhibit B, attached to and made a part of this Contract, for the purpose of aiding in the administration of this Contract. Coppell and Purchaser further agree that such Operational Guidelines may be hereafter revised from time to time by Dallas, as approved under the Coppell Purchase Contract. Further, the City of Coppell may adopt reasonable operational guidelines consistent with this Agreement to govern the diversion of untreated water from Northlake in accordance with applicable permits, the Certificate of Adjudication, and applicable law, and Purchaser shall abide by the same as part of this Agreement. 8. METERING AND PUMPING FACILITIES. A. Purchaser shall be required to provide, operate and maintenance pumping and metering equipment and facilities as outlined in Exhibit A. Ownership and maintenance responsibility for the meters, pumps and facilities housing meters and pumps shall be with Purchaser. Purchaser shall maintain meters, pumps, and motors and facilities to the reasonable satisfaction of Coppell. B. Water provided under this Contract will be taken at the Northlake diversion point and conveyed to the water irrigation supply via water lines constructed by Purchaser conforming with all applicable laws, ordinances, rules, and regulations. C. Coppell shall review and approve the diversion pump station, water line system and facilities as identified in Exhibit A, and such diversion works and facilities are authorized. Plans and specifications for proposed or additional intake facilities, pumping facilities, and metering equipment and facilities shall be submitted to the Director by Purchaser for written approval prior to purchase or letting of contracts. D. Purchaser shall maintain a means to release or pass any inflows and to prevent impoundment of state or surface water that is not authorized by this Contract or under State law. E. Purchaser shall furnish, install, operate, and maintain measuring equipment to quantify the amount of water diverted and used by Purchaser under this Contract. All measuring equipment (meters and devices) must be of standard types for measuring within generally accepted standards of accuracy as established by the American Water Works Association. Purchaser shall employ a professional meter testing firm, acceptable to Coppell, to test such meters annually and shall invite representatives of Coppell to observe such tests. F. Upon termination of this Contract, Purchaser shall, at Purchaser’s expense, remove any and all diversion facilities and restore diversion points to pre-Contract conditions. City of Coppell Untreated Water Purchase Contract for Irrigation Page 5 of 13 9. WATER CONSERVATION AND DROUGHT CONTINGENCY PLANS AND CURTAILMENT. A. Purchaser shall institute landscape irrigation practices which ensure water is used in a manner that prevents waste, conserves water resources for their most beneficial and vital uses, and protects the public health. Purchaser must comply with Coppell’s water conservation and drought contingency plan measures and implement a water conservation plan or water conservation measures using the applicable elements of TCEQ regulations in 30 Texas Administrative Code Chapter 288, as amended, and titled, "Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements." Purchaser must adopt water conservation and drought management strategies at least as strict as those strategies of Coppell and Dallas. Purchaser acknowledges that Dallas has provided a copy of its current Water Conservation Plan and Drought Contingency Plan, and has advised Purchaser regarding the location of updates of those plans. B. Purchaser agrees that during periods of water shortages Coppell may, in accordance with its drought contingency plan as approved by the TCEQ, reasonably restrict Purchaser’s withdrawals of untreated water when such water is needed for Coppell’s municipal purposes. No restrictions will be imposed on Purchaser unless Coppell has suffered restrictions on City withdrawals under the Coppell Purchase Contract. In the event withdrawals are restricted, untreated water shall be allocated to Purchaser on a pro rata basis with Purchaser’s maximum withdrawal reduced by [1250/3100ths of the curtailed water volume]. Written notice of temporary curtailment will be provided to the Purchaser. If a curtailment is imposed or sales discontinued for a period exceeding fifteen (15) days in any given Water Year, the minimum quantity to be purchased under this Contract will be prorated downward in proportion to the duration of the curtailment or discontinued service, unless at the time Purchaser has actually taken the minimum quantity specified in this Contract. 10. PAYMENT. A. Coppell will invoice Purchaser for the minimum quantity of water and administrative fee specified in Section 4. Purchaser shall pay for such minimum quantity of water by the invoice due date. Actual consumption shall be offset against the minimum quantity payment advance. When the advance payment has been offset by actual metered consumption, billings shall be calculated on actual metered quantities taken by Purchaser on a monthly basis. Monthly billings shall be provided to the Purchaser. Payment, when required, is due thirty (30) days after the invoice date. B. Purchaser agrees to pay Coppell for the minimum quantity and administrative fee specified in Section 4, whether or not Purchaser has actually taken the minimum quantity by the end of the Water Year. Purchaser shall also be responsible for the payment of all water taken above the minimum quantity at the rates specified in Section 5 of this Contract. City of Coppell Untreated Water Purchase Contract for Irrigation Page 6 of 13 C. In addition to the remedies set forth in Section 14 of this Contract, Purchaser shall also be responsible for the payment of all water taken above the maximum quantity at the rates specified in Section 5 of this Contract. 11. DEFAULT IN PAYMENTS. All amounts due and owing to Dallas by Purchaser shall, if not paid when due, accrue interest. If any money due and owing by Purchaser to Coppell is placed with an attorney for collection, Purchaser shall pay to Coppell, in addition to all other payments provided for by this Contract, including interest, Coppell’s collection expenses, including court costs and attorneys’ fees. 12. TERM. A. The term of this Contract shall commence as of the date of its execution and shall remain in effect for a term of thirty (30) years, unless sooner terminated by mutual agreement in writing. B. If Purchaser desires to extend the original term of the contract, Purchaser shall request, in writing, such extension at least 90 days in advance of the scheduled expiration date. 13. INSPECTION AND METER READING. Authorized Coppell employees shall have the right of reasonable ingress and egress on Purchaser's property and facilities during business hours to observe pumping operations, review pumping records, read meters, and to verify that untreated water is being used for the purposes and in the manner prescribed in this Contract. 14. DEFAULT – TERMINATION. A. Coppell, acting through the Director, shall have the right to terminate this Contract upon non-payment of the charges set out in this Contract for any period exceeding sixty (60) days. Dallas, however, shall provide notice of intent to terminate under this Subsection, or by reason of Purchaser’s default under any other provision of this Contract, at least thirty (30) days prior to the proposed effective date of termination, in order for Purchaser to tender payment or performance and thereby cure a default as to non-payment under this Contract. B. Coppell shall have the right to terminate this Contract if it is found that pumping logs and the Accounting Plan are not adequately maintained, that the meter is being bypassed, or that any water pumped by Purchaser is being resold or used for unauthorized purposes without notice to Coppell and Coppell’s written consent. In addition, if the Contract is terminated under this Subsection, Coppell shall be entitled to payment for the maximum quantity of water for that Water Year in which the default under this subsection occurs. Purchaser’s use of purchased untreated water for irrigation of project areas located within the Cypress Waters development shall not be construed as resale, regardless of the recipient of such irrigation services. City of Coppell Untreated Water Purchase Contract for Irrigation Page 7 of 13 C. Subject to the default notice procedure provided in Subsection A, Coppell shall have the right to terminate this Contract if Purchaser knowingly takes untreated water in excess of the maximum amount prescribed for the Water Year in question. If the Contract is terminated under this Subsection, Dallas shall be entitled to payment for the maximum quantity of water for that Water Year in which the default occurred, PLUS payment for the diverted untreated water in excess of the maximum amount prescribed for that Water Year. D. Purchaser, shall have the right to terminate this Contract if Coppell fails to comply with the terms of this Contract. E. In addition to the foregoing, Coppell may terminate this Contract for noncompliance with any other contractual condition upon thirty (30) days advance written notice to Purchaser of its intent to terminate; provided, however, that if Purchaser cures the condition of contractual noncompliance within the thirty-day period, Coppell, acting through the Director and at the Director’s sole option, may continue this Contract. F. After the first full Water Year of performance, this Contract may be terminated by Purchaser upon thirty (30) days written notification to Coppell. In addition, after the first full Water Year of performance, this Contract may be terminated by Dallas upon thirty (30) days written notification to Purchaser. G. The remedies set forth in this section shall not be considered exclusive, and Coppell retains all other rights and remedies available at law and in equity in the event of any breach by Purchaser of any of the terms or provisions of this Contract. 15. NO REPRESENTATIONS OR WARRANTIES; FORCE MAJEURE. A. PURCHASER AGREES TO TAKE WATER DELIVERED BY DALLAS “AS IS.” DALLAS MAKES NO REPRESENTATIONS OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE CHARACTER, QUALITY OR AVAILABILITY OF THE WATER TO BE TAKEN AND PURCHASER AGREES TO ASSUME ALL SUCH RISKS, ACCEPTING SAID WATER, IF AVAILABLE, IN THE SAME STATE AS IT IS PUMPED OR RELEASED FROM THE DESIGNATED DIVERSION POINT(S). DALLAS ALSO DOES NOT MAKE ANY REPRESENTATION THAT THE WATER WILL BE SUITABLE FOR THE PURPOSES FOR WHICH PURCHASER DESIRES TO USE IT. B. COPPELL SHALL NOT BE LIABLE IN ANY EVENT FOR THE INABILITY OF DALLAS TO PERFORM ANY OBLIGATION UNDER THIS CONTRACT FOR REASONS BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD OR NATURAL DISASTER, WAR, DROUGHT, TERRORISM, FIRE, PUBLIC UTILITY POWER OUTAGE, OR THE RULES, REGULATIONS, OR ORDERS OF COURTS OR OF GOVERNMENTAL AGENCIES. City of Coppell Untreated Water Purchase Contract for Irrigation Page 8 of 13 16. RIGHTS AND TITLE; NO RESALE. Purchaser agrees that it shall acquire no rights or title to the use or reuse of water other than those rights explicitly set forth in this Contract. 17. ASSIGNMENT. Except for an assignment to a successor service or property owner’s association which succeeds to the common area maintenance duties of The Neighborhoods of Cypress Waters Association, Inc., Purchaser shall not sell, assign, transfer or convey its interest in this Contract, in whole or in part, without the prior written consent of Coppell, which shall not be unreasonably withheld. 18. PROTECTION OF WATERSHED. Purchaser agrees that water diverted under the Contract shall not be treated or altered by chemical or other means so as to be harmful to the Coppell or Dallas water supply in the event of runoff, overflow, or other release. Any chemical treatment of the water by the Purchaser shall be approved in advance by Dallas, which approval shall not be unreasonably withheld. Coppell acknowledges that fertilization, chemical treatments, and other landscape maintenance techniques allowed by applicable environmental laws shall not be deemed to be “treatment” of runoff. 19. EASEMENTS, PERMITS AND FEES. A. In agreeing to accept delivery of water under this Contract, Purchaser warrants and represents that Purchaser’s diversion and use of water is in compliance with all applicable laws and regulations, including, but not limited to, all applicable laws of the State of Texas, applicable rules, regulations, permits and orders of TCEQ and TWDB, Federal law (including but not limited to environmental and water quality laws, rules, orders, and regulations), and the Charter and ordinances of the City of Dallas, as same may hereafter be amended. This Contract’s effectiveness is dependent upon Dallas and Purchaser’s compliance with 30 Texas Administrative Code, Section 295.101 and 30 Texas Administrative Code, Chapter 297, Subchapter J (relating to Water Supply Contracts and Amendments), as amended. B. Purchaser shall obtain any easements or rights-of-way necessary for any water lines or facilities that may be required to implement the terms and conditions of this Contract. C. Coppell is responsible for the acquisition of the appropriate water right permit from the TCEQ and any additional permits or approvals required for Coppell’s performance of its obligations hereunder and for the payment of any regulatory or other fees required in connection with this Contract, including, but not limited to, permits, licenses, approvals or regulatory or other fees that may be required by TCEQ or TWDB. The cost associated with Coppell’s required water purchases under the Coppell Purchase Contract shall be added as an administrative cost to the extent permitted in Section 5 of this Agreement. Should Purchaser obtain a water right permit for future groundwater use and water supply well(s), Purchaser shall provide Coppell with a copy of said permit. City of Coppell Untreated Water Purchase Contract for Irrigation Page 9 of 13 D. Purchaser agrees to coordinate permit submittals with Coppell if both Purchaser and Dallas are required to obtain permits or amendments to permits. E. Purchaser shall not commence construction of impoundments or diversion facilities prior to obtaining all permits and approvals required from the State of Texas. Purchaser shall not divert water under this contract and may only utilize the water purchased in accordance with this Agreement. Purchaser agrees to comply with any existing permit issued to Purchaser relating to the diversion of water, applicable regulations of TCEQ and TWDB, and the terms of this Contract. 20. OTHER CHARGES. In the event any sales or use taxes, assessments or charges of any similar nature are imposed on diverting, storing, delivering, gathering, impounding, taking, selling, using, or consuming the water received by Purchaser from Coppell, the amount of the tax, assessment, or charge shall be borne by Purchaser, in addition to all other charges, and whenever Coppell is required to pay, collect, or remit any tax, assessment, or charge on water received by Purchaser, then Purchaser shall promptly pay or reimburse Coppell for the tax, assessment or charge in the manner directed by Dallas under its contract with Coppell. 21. NOTICES. Any notice, payment, statement, or demand required to be given under this Contract shall be deemed to have been sufficiently given to either party for all purposes hereof if mailed by postage prepaid, addressed as follows: TO COPPELL: Mike Land, City Manager City of Coppell 255 Parkway Coppell, Texas 75019 TO PURCHASER: The Neighborhoods of Cypress Waters Association, Inc. ____________________________ ____________________________ Or to such other respective address as the parties may designate from time to time in writing in accordance with this notice provision. 22. VENUE. The parties agree that this Contract shall be enforceable and exclusive venue shall be in Dallas County, Texas. 23. GOVERNING LAW. This Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law or choice of law principles of Texas or any other state. City of Coppell Untreated Water Purchase Contract for Irrigation Page 10 of 13 24. SEVERABILITY; LEGAL CONSTRUCTION. A. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. B. The parties acknowledge that this Contract is an “arm’s length” agreement, entered into by Coppell and Purchaser freely, without duress, coercion or any undue influence. No presumption will apply in favor of either party in the interpretation of this Contract or in the resolution of any ambiguity of any provision of this Contract. 25. COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. If this Contract is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Contract to be executed. 26. CAPTIONS. The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 27. APPLICABLE LAWS. This Contract may be subject to review and approval by TCEQ or TWDB. Purchaser shall comply with all terms, conditions and provisions of the term permit to be obtained from the State of Texas, as amended, so long as same may remain in effect. In the event of any final judgment finding any violation or violations of the laws, rules, regulations, or orders described above, Purchaser shall be strictly liable for any damages caused to the property of Coppell, including but not limited to Coppell’s interest in Northlake water, as a result of such violation or violations. 28. NO THIRD-PARTY BENEFICIARIES. Coppell and Purchaser enter into this Contract solely for the benefit of themselves and agree that nothing in this Contract shall be construed to confer any right, privilege or benefit on any person or entity other than Coppell and Purchaser. 29. SUCCESSORS AND ASSIGNS. This Contract shall be binding upon and inure to the benefit of the parties and their respective successors and, except as otherwise provided in this Contract, their assigns. City of Coppell Untreated Water Purchase Contract for Irrigation Page 11 of 13 30. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS. This Contract embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Contract. Except as otherwise provided elsewhere in this Contract, this Contract cannot be modified without written supplemental agreement executed by both parties. 31. AUTHORIZATION TO ACT. By their signatures below, the representatives of Coppell and Purchaser state that they are authorized to enter into this Contract. Coppell and Purchaser will each provide documentation that this Contract has been authorized by its respective legal representatives. [Remainder of this page intentionally left blank. Signatures appear on the following page.] City of Coppell Untreated Water Purchase Contract for Irrigation Page 12 of 13 EXECUTED as of the ____ day of _________, 2019. APPROVED AS TO FORM: CITY OF COPPELL Robert E. Hager Mike Land City Attorney City Manager BY: ___________________________ BY: __________________________ City Attorney City Manager ATTEST: PURCHASER: The Neighborhoods of Cypress Waters Association, Inc. BY___________________________ BY_______________________________ ___________________ City of Coppell Untreated Water Purchase Contract for Irrigation Exhibit A EXHIBIT A DESCRIPTION OF PUMPING AND METERING EQUIPMENT AND FACILITIES AND LOCATION OF DIVERSION POINTS Pumping Equipment Description The Cypress Waters non-portable irrigation pump station is equipped with two 100 HP vertical turbine pumps capable of pumping 1,200 gpm each. The pump station is also equipped with one 20 HP submersible pump capable of pumping 200 gpm. The total pumping capacity is 2,600 gpm. Metering Equipment Description. The Cypress Waters non-potable irrigation pump station is equipped with a 10- inch mag meter on the discharge line. Point of Diversion Location: The Cypress Waters non-portable irrigation pump station and intake structure are located on the west side of Harpers Lane north of Byron Bay Street. City of Coppell Untreated Water Purchase Contract for Irrigation Exhibit B EXHIBIT B OPERATIONAL GUIDELINE Coppell will render the sale of untreated water to Purchaser under the terms and conditions provided by the Contract and as outlined in the Operational Guidelines below. DEFINITIONS 1. M.S.L. means Mean Sea Level, elevation above or below sea level. 2. OPTIMIZED RELEASES means that amount of water available for release from the Elm Fork of the Trinity River within a 24-hour period, based on a recommendation of the U. S. Army Corp of Engineers, that will maintain a target elevation of 416.63 at the Frasier Dam. 3. FRASIER DAM means the dam located ½ mile North of Highway 114, and the last point on the Elm Fork of the Trinity River that Dallas monitors. This dam creates a forebay area for Dallas’ Bachman Water Treatment Plant, Dallas’ current last point of water usage from the Elm Fork of the Trinity River. The top of the dam is 417.63 feet M.S.L. GUIDELINES 1. Purchaser shall contact the DWU System Operator at (214) 670-8065, a 24-hour number, to request the total amount of water to be taken from the Elm Fork of the Trinity River in a 24 hour period and to provide the number of days that the request will cover. Purchaser shall make request by 7:00 a.m., 24 hours prior to the start of pumping. Changes in the request, such as an extension or earlier end date, must be made by 7:00 a.m., 24 hours prior to the change. This request for advance notice is to facilitate Dallas’ coordination of lake water releases. Under most conditions, permission to activate river pumps will not require 24 hours notice if the Trinity River level at Frazier Dam is 407.5 M.S.L. or higher. When lake levels become critical due to drought conditions or unforeseen circumstances, Dallas reserves the right to deny, restrict and/or discontinue requests. This right is conveyed with the understanding that such restriction for releases to Purchaser shall be reasonable in relation to Dallas’ water supply. The DWU System Operator will advise Purchaser’s Control Room at (972)462-5150, a 24-hour number, with a six (6) hour advance notice, if possible, if there is a need to curtail and/or discontinue a previously-approved request. 2. If Purchaser is requested by Dallas to activate its river pumps and Purchaser is able to do so, this usage will be billed at Dallas’ regular rate. Dallas will contact Purchaser’s Control Room with the length of time that Dallas would like for the river pumps to operate. At the end of that period of pumping, Dallas will contact Purchaser if additional pumping is desired. City of Coppell Untreated Water Purchase Contract for Irrigation Exhibit C EXHIBIT C WATER RIGHT PERMIT City of Coppell Untreated Water Purchase Contract for Irrigation Exhibit C City of Coppell Untreated Water Purchase Contract for Irrigation Exhibit C City of Coppell Untreated Water Purchase Contract for Irrigation Exhibit D EXHIBIT D SPECIAL CONDITIONS Conditions for Purchaser’s Utilization of Diversion Point 1. Coppell shall apply for a temporary water right to divert water out of Northlake for irrigation use. Coppell will give Dallas the opportunity to review the temporary water right application and provide proof that TCEQ received same application. 2. Once the temporary water right is granted by TCEQ, Coppell shall provide Dallas a copy of the temporary water right permit for Dallas’ records. 3. Coppell has to amended the Northlake permit to change ownership from the previous owner to Purchaser, to change the designated use to irrigation, to reflect the current impoundment conditions, and to update the diversion rate and location. 4. Coppell must receive the amended permit prior to expiration of the temporary water right. 5. Purchaser shall maintain a daily pumping log that includes the dates water was diverted from the raw water supply, meter reads, and the total amount of gallons diverted for each of those days. The log must be provided to DWU Wholesale Division on a monthly basis or as requested by Dallas. Director may terminate this contract in Director’s sole discretion if Purchaser fails to properly maintain the daily pumping log. [Drafting note: does Coppell require the referenced records? This covenant provides for delivery to City of Dallas, only] Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4454 File ID: Type: Status: 2018-4454 Agenda Item Agenda Ready 2Version: Reference: In Control: Planning & Zoning Commission 03/14/2019File Created: Final Action: Vista Academy (Coppell Classical Academy)File Name: Title: PUBLIC HEARING: Consider approval of S-1033R6-SF-12, Vista (Coppell Classical) Academy, zoning change request from S -1033R5-SF-12 (Special Use Permit-1033 Revision 5-Single Family-12) to S-1033R6-SF-12 (Special Use Permit-1033 Revision 6-Single Family-12), to approve a revised site and landscape plan for the extension of the fire lane and the addition of 46 parking spaces on 4.85 acres of property located at 140 S. Heartz Road, at the request of Responsive Education Solutions, being represented by Josh Barton, PE, G&A | McAdams. Notes: Agenda Date: 04/09/2019 Agenda Number: 15. Sponsors: Enactment Date: Council Cover Memo.pdf, Narrative.pdf, Site Plan.pdf, Landscape Plan.pdf, Traffic Plan.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/21/2019Planning & Zoning Commission Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4454) Mary Paron-Boswell, Senior Planner, introduced the case with exhibits. Ms. Paron-Boswell stated that staff is recommending approval subject to the following condition: 1. Additional comments may be generated upon detail engineering review and building permit. 2. This charter school shall be licensed and maintained in accordance with state law and may provide instruction for Kindergarten through eight (8th) grade. 3. The student enrollment capacity under this Special Use Permit shall not exceed five hundred (500) students. 4. All dead landscaping shall be replaced as shown on the Landscape Plan. Chairman Haas opened the Public Hearing and advised that no one wished to speak. Chairman Haas closed the public hearing. A motion was made by Commissioner ...., seconded by Commissioner ...., to approve the agenda item with conditions presented by staff. The motion passed unanimously, (6-0). Action Text: Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Sue Blankenship, Commissioner Doug Robinson, Commissioner Ed Maurer, and James Walker 6Aye: 2 04/09/2019City Council Text of Legislative File 2018-4454 Title PUBLIC HEARING: Consider approval of S -1033R6-SF-12, Vista (Coppell Classical) Academy, zoning change request from S-1033R5-SF-12 (Special Use Permit-1033 Revision 5-Single Family-12) to S-1033R6-SF-12 (Special Use Permit-1033 Revision 6-Single Family-12), to approve a revised site and landscape plan for the extension of the fire lane and the addition of 46 parking spaces on 4.85 acres of property located at 140 S. Heartz Road, at the request of Responsive Education Solutions, being represented by Josh Barton, PE, G&A | McAdams. Summary Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 4/5/2019 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: April 9, 2019 Reference: Consider approval of a zoning change to S-1033R6-SF-12 (Special Use Permit-1033 Revision 6-Single Family-12), to approve a revised site and landscape plan, the extension of the fire lane, and the addition of 46 parking spaces. 2030: Business Prosperity, Sense of Community Executive Summary: The request is to allow the extension of a fire lane through the site and the addition of 46 parking spaces. Introduction: This property was originally constructed in 1989 to be a church. The property has been used for a charter school in addition to a church since fall of 2009. In the fall of 2011, Vista Academy became the new charter school operator. On June 10, 2014, Council approved an amendment to this SUP to allow this Charter School for Grades K-8, with an enrollment capacity of 500, to continue to occupy this building. With the church no longer an ancillary use in 2016, Council approved an amendment to allow the re-purposing of the sanctuary for a 4,000-square-foot gymnasium, additional offices, and a 6,537-square-foot building expansion to include six (6) new classrooms. The enrollment was 330 students which is less than the 500 students permitted by the existing SUP. The current number of students attending the facility is 470, which is within the 500 permitted by the existing SUP. Analysis: The current request is to add 46 parking spaces on -site, extend the fire lane and revise the site plan and landscape plan. This extension will not only create better access for emergency vehicles, but also acts to improve the traffic circulation on-site, creating a queuing area on-site for pick-up and drop-off. This will remove cars from the street during the peak drop-off/pick-up hours. Also, the additional parking spaces will also help alleviate on-street parking during school events and on-site meetings. On March 21, 2019 the Planning and Zoning Commission recommended Approval (6-0) of S-1033R6-SF-12, with the following conditions: 1. There may additional comments generated during detail engineering review. 2. This charter school shall be licensed and maintained in accordance with state law and may provide instruction for Kindergarten through eight (8th) grade. 3. The student enrollment capacity under this Special Use Permit shall not exceed five hundred (500) students. 2 4. All landscaping shall be maintained in a healthy and growing condition as is appropriate for the season of the year. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Plant materials which die shall be replaced. 5. All fencing shall be reviewed for code compliance and be maintained in good condition. Legal Review: This did not require city attorney review Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Staff Report 2. Narrative 3. Site Plan 4. Landscape Plan 5. Traffic Plan WGA-19000C3COPPELL CLASSICAL ACADEMY SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 (DBA, G&A McAdams) 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc.L E G E N DPROJECTSITESITE DATA TABLEPHYSICAL ADDRESS140 S. HEARTZPROPOSED IMPERVIOUS LOT COVERAGE60.00%PROPOSED PERVIOUS LOT COVERAGE40.00%EXISTING FLOOR AREA RATIO0.15 TO 1SITE AREA4.854 AC. OR 211,440.8280 SQ. FT.BUILDING HEIGHT1-STORY, 32 FT.BUILDING SIZEEX. BUILDING SIZE (19 CLASSROOMS)32,687 SQ. FT.ADDITION (6 CLASSROOMS)6,537 SQ. FT.TOTAL BUILDING SIZE39,224 SQ. FT.EXISTING BUILDINGEXISTING ZONINGS-1033R5-SF-12 (MAX 500STUDENTS)EXISTING USECHARTER SCHOOL (K-8TH)EXISTING PARKING REQUIREDCHARTER SCHOOL USE: 1 SPACE PERCLASSROOM + 619 CLASSROOMS = 25 SPACESADDITION: 1 SPACE PER CLASSROOM + 66 CLASSROOMS = 12 SPACESTOTAL REQUIRED37 SPACESEXISTING PARKING PROVIDEDREGULAR PARKING95 SPACESACCESSIBLE PARKING6 SPACESTOTAL PARKING101 SPACESPROPOSED PARKING PROVIDEDREGULAR PARKING46 SPACESTOTAL EXISTING AND PROPOSED PARKING147 SPACES PERIMETER LANDSCAPINGPERIMETERCity of CoppellSTANDARDREQUIREDLANDSCAPE REQUIREMENT COMPLIANCEPROVIDEDCoppell Classical AcademyBuffer Width10' BufferSouth Property LineNorth Property Line10' BufferHeartz Road15' BufferLondon WayTrees Required462/50= 9(3) Existing Trees 1 per 50 L.F.473/50= 9453/50= 9INTERIOR LANDSCAPINGSTANDARDREQUIREDPROVIDED56,642 s.f. of10% of parking area56,642 * .10=5,664Trees Required1 per 400 S.F. parkingParking Area1,715/400=4.212 Existing TreesNON-VEHICULAR OPEN SPACE 15% of Open Space 211,615-37,760=173,855AREASTANDARDREQUIREDPROVIDED173,855x15%=26,07835,297 S.F.Trees Required1 per 3,000 S.F.(54) EXISTINGEXISTING LANDSCAPE VARIANCE1) Perimeter landscape buffer being provided along the northwest property line in the proposed 10' Landscape Easement of the existing car wash site.South Property LineNorth Property LineHeartz RoadLondon Way15' Buffer10' Buffer4' - 10' Buffer15' Buffer15' Buffer453/50= 9(4) Trees, 3" Cal(9) Existing Trees5,809 s.f.(9) Trees, 3" cal.(15) Treesevergreen screen, 30" ht.56,951 S.F.(55) TREES(9) Trees, 3" cal.(6) Existing Trees (3) Trees, 3" Cal(7) Existing Trees (2) Trees, 3" CalIslands Required12% of parking spaces(18) parking islands(18) parking islands50% in Front Yard26,078x50%=13,039LOT COVERAGE PERCENTAGEIMPERVIOUSPERVIOUS60%40%(6) Accent Trees LANDSCAPE PLAN COPPELL CLASSICAL ACADEMY.HITO NSSTE R CCTTES AET STAIREG 1OF79ETX ERLDR E CAANDSAEPAWARTWGA-19000L1.0111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 (DBA, G&A McAdams) 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc.*NOTES: - ALL LANDSCAPED AREAS SHALL BE FULLY IRRIGATED ANDAN IRRIGATION PLAN WILL BE REQUIRED WITH THEBUILDING PERMIT.- ANY PROPOSED LIGHTING WILL COMPLY WITH LIGHTINGREGULATIONS.- NO TREES 6" IN CALIPER OR MORE TO BE REMOVED FROMSITE- CONTRACTOR TO VERIFY THAT ALL EXISTING COMPLIANTLANDSCAPE IS IN GOOD CONDITION LANDSCAPE PLAN COPPELL CLASSICAL ACADEMY.HITO NSSTE R CCTTES AET STAIREG 1OF79ETX ERLDR E CAANDSAEPAWARTWGA-19000L1.1111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 (DBA, G&A McAdams) 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc.™™™™ DROP OFF/PICKUP SITE DATA TABLEPHYSICAL ADDRESS140 S. HEARTZPROPOSED IMPERVIOUS LOT COVERAGE60.00%PROPOSED PERVIOUS LOT COVERAGE40.00%EXISTING FLOOR AREA RATIO0.15 TO 1SITE AREA4.854 AC. OR 211,440.8280 SQ. FT.BUILDING HEIGHT1-STORY, 32 FT.BUILDING SIZEEX. BUILDING SIZE (19 CLASSROOMS)32,687 SQ. FT.ADDITION (6 CLASSROOMS)6,537 SQ. FT.TOTAL BUILDING SIZE39,224 SQ. FT.EXISTING BUILDINGEXISTING ZONINGS-1033R5-SF-12 (MAX 500STUDENTS)EXISTING USECHARTER SCHOOL (K-8TH)EXISTING PARKING REQUIREDCHARTER SCHOOL USE: 1 SPACE PERCLASSROOM + 619 CLASSROOMS = 25 SPACESADDITION: 1 SPACE PER CLASSROOM + 66 CLASSROOMS = 12 SPACESTOTAL REQUIRED37 SPACESEXISTING PARKING PROVIDEDREGULAR PARKING95 SPACESACCESSIBLE PARKING6 SPACESTOTAL PARKING101 SPACESPROPOSED PARKING PROVIDEDREGULAR PARKING46 SPACESTOTAL EXISTING AND PROPOSED PARKING147 SPACESWGA-19000C3COPPELL CLASSICAL ACADEMY TRAFFIC & SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 (DBA, G&A McAdams) 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc.PROJECTSITEPAVING SPECIFICATIONS:L E G E N D Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4455 File ID: Type: Status: 2018-4455 Agenda Item Agenda Ready 2Version: Reference: In Control: City Council 03/14/2019File Created: Final Action: ZC Hearthstone RezoneFile Name: Title: PUBLIC HEARING: Consider approval of ZC-627, 361 and 365 Hearthstone Lane (rear portions), being a rezoning request from H (Historic) to SF-9 (Single Family-9) on 0.3 acres of property located approximately 120 feet west of Hearthstone Lane and approximately 153 feet north of W. Bethel Road, being the rear portions of 361 and 365 Hearthstone Lane at the request of David & Fiona Barleggs and Amy & Michael Curtis being represented by Eddie Rodrigues, Windrose Land Surveying. Notes: Agenda Date: 04/09/2019 Agenda Number: 16. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Zoning Exhibit.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved03/21/2019Planning & Zoning Commission Marcie Diamond, Assistant Director of Community Development/Planning introduced the case with exhibits. Ms. Diamond stated that staff is recommending APPROVAL of ZC-627, 361 and 365 Hearthstone Lane to rezone from H (Historic) to SF-9 (Single Family -9). Chairman Haas opened the Public Hearing and advised that no one wished to speak. Chairman Haas closed the public hearing. A motion was made by Commissioner Portman seconded by Commissioner Robinson, to approve the agenda item with conditions presented by staff. The motion passed unanimously, (6-0). Action Text: Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Sue Blankenship, Commissioner Doug Robinson, Commissioner Ed Maurer, and James Walker 6Aye: 2 04/09/2019City Council Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4455) Text of Legislative File 2018-4455 Title PUBLIC HEARING: Consider approval of ZC-627, 361 and 365 Hearthstone Lane (rear portions), being a rezoning request from H (Historic) to SF-9 (Single Family-9) on 0.3 acres of property located approximately 120 feet west of Hearthstone Lane and approximately 153 feet north of W. Bethel Road, being the rear portions of 361 and 365 Hearthstone Lane at the request of David & Fiona Barleggs and Amy & Michael Curtis being represented by Eddie Rodrigues, Windrose Land Surveying. Summary Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 4/5/2019 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: April 9, 2019 Reference: Consider approval of ZC-627, a rezoning request from H (Historic) to SF-9 (Single Family-9) on 0.294 acres of property located approximately 120 feet west of Hearthstone Lane and approximately 153 feet north of W. Bethel Road, being the rear portions of 361 and 365 Hearthstone Lane 2030: Special Place to Live Executive Summary: This is a companion request to the recently approved replatting of 361 and 365 Hearthstone Lane, and 412 Bethel Road. This request is to rezone the rear portions of these properties from H (Historic) to SF- 9 to have consistent residential development regulations on the entire property. Introduction: These lots have a long history of platting, and replatting to accommodate the property owners’ desires for their properties. The owner of 361 Hearthstone Lane is selling their property and is proposing to reduce its size from 0.793 acres to 0.373 acres and is requesting to increase the lot to the south (365 Hearthstone Lane) by 4,668 square feet. The final piece to this puzzle is the deletion of the 0.29 acres west of the new rear property lines and re-incorporate that land back into the Vaughn Addition (412 Bethel Road). The revised lotting pattern is appropriate from a zoning and platting perspective, whereas, the two residential lots along Hearthstone will be the same depth as the two residential properties to the south. This request to rezone the rear portions of these properties to SF-9 to have consistent residential development regulations on the entire property is also appropriate. Analysis: On March 21, 2019 the Planning and Zoning Commission approved Old Coppell Estates Addition, Lots 3R2 and 4R2R, Block 1, Replat and Vaughan Addition, Lot 1R2R, Block 1, Replat and recommended approval of ZC-627, a rezoning from H to SF-9 on 361 and 365 Hearthstone Lane. Legal Review: This did not require city attorney review Fiscal Impact: None 2 Recommendation: The Planning Department recommended APPROVAL of ZC-627, 361 and 365 Hearthstone Lane to rezone from H (Historic) to SF-9 (Single Family -9). Attachments: 1. Staff Report 2. Zoning Exhibit ITEM # 5 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT ZC-627, 361 and 365 Hearthstone Lane P&Z HEARING DATE: March 21, 2019 COUNCIL DATE: April 9, 2019 STAFF REP.: Marcie Diamond, Assistant Director of Community Development/Planning LOCATION: Approximately 120 feet west of Hearthstone Lane and approximately 153 feet north of W. Bethel Road, being the rear portions of 361 and 365 Hearthstone Lane SIZE OF AREA: 0.294 acres of property CURRENT ZONING: H (Historic) REQUEST: SF-9 (Single Family-9) APPLICANT: Applicants: David and Fiona Barleggs Michael S. and Amy R. Curtis 361 Hearthstone Lane 365 Hearthstone Lane Coppell, Texas 75019 Coppell, Texas 75019 Surveyor: Eddie Rodrigues Windrose Land Surveying 220 Elm Street Lewisville, Texas 75075 214-217-2544 eddie.rodriguez@WindroseServices.com HISTORY: The original subdivision was platted in early 1996. Lots 3, 4, and 5, Block 1 Old Coppell Estates were replatted in November 2008 to add a 20-foot strip of land (4,490 total square-feet) from the Vaughan Addition to each lot’s western boundary. In 2011, a replat of 361 Hearthstone, Lot 4R (current request area) and the lot abutting to the north, Lot 5R (357 Hearthstone) was approved which incorporated 0.9 acres from the northern portion the Vaughan Addition into the rear portion of these two existing lots. The H (Historic) District remained on the rear portions of the lots, which were formally the Vaughan Addition. In 2012, PD-256-SF-9 was established to allow the expansion 369 and 373 Hearthstone (lots directly to the south of the current request area) into the 0.76 acres ITEM # 5 Page 2 of 2 which was formally the utility building for a cable company. These lots were also replatted at that time. TRANSPORTATION: Hearthstone Lane is a local 28-foot wide street built within a 50-foot right-of- way. SURROUNDING LAND USE & ZONING: North – residential; SF-9 (Single Family-9), and H (Historic) South – residential; PD-256-SF-9 (Planned Development-256 -Single Family-9) East – residential; SF-9 (Single Family-9) West – undeveloped; H (Historic) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011 shows the property suitable as a Residential Neighborhood. DISCUSSION: This is a companion request to the replatting of 361 and 365 Hearthstone Lane, to rezone the rear portions of these properties from H (Historic) to SF-9 to have consistent residential development regulations on the entire property. As detailed in Staff Reports on the replatting of these lots, there is a long history of platting, and replatting to accommodate the property owners’ desires for their properties. The owner of 361 Hearthstone Lane is selling their property and is proposing to reduce it’s size, and increase the size of the lot to the south (365 Hearthstone Lane). This proposed revised lotting pattern is appropriate from a zoning and platting perspective, the two residential lots along Hearthstone will be the same depth as the two existing residential properties to the south (369 and 373 Hearthstone) and have uniform residential zoning. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of ZC-627, 361 and 365 Hearthstone Lane to rezone from H (Historic) to SF-9 (Single Family -9). ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENT: Zoning Exhibit 89.92'S00°37'25"W7.16'S72°20'20"E15.65'L=56.26', R=50.00'D=064°28'29"N04°01'40"W~53.34'87.15'S00°37'25"W 80.00'LOT 1R, BLOCK 1OLD COPPELL ESTATESINST. NO. 201300140145O.P.R.D.C.T.LOT 1R2, BLOCK 1VAUGHAN ADDITIONINST. NO. 201100211431O.P.R.D.C.T.LOT 2R, BLOCK 1OLD COPPELL ESTATESINST. NO. 201300140145O.P.R.D.C.T.LOT 5R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.BLOCK 2OLD COPPELL ESTATESVOL. 96020, PG. 2403D.R.D.C.T.LOT 3LOT 2LOT 1S00°37'25"W 80.00' HEARTHSTONE LANE 50' PUBLIC RIGHT-OF-WAY HEARTHSTONE LANE50' PUBLIC RIGHT-OF-WAYROY ONSTOTTVOL. 95073, PG. 51D.R.D.C.T.45.08'80.00'80.00'90.00' 39.00' N00°05'01"W 156.43'S89°15'15"W 81.48'S00°34'46"W 154.32'S89°16'10"E 83.27'LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.TO BE REZONED:A PORTION OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.12,797 SF0.294 AcresREMAINDER OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.POINT OFCOMMENCINGPOINT OFBEGINNINGS89°16'10"E 290.81'REMAINDER OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.LOT 4R2R, BLOCK 1OLD COPPELL ESTATES ADDITIONLOT 1R2R, BLOCK 1VAUGHAN ADDITIONLOT 3R, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 200900040806O.P.R.D.C.T.LOT 3R2, BLOCK 1OLD COPPELL ESTATES ADDITIONDRAWN: G.L.C. CHECKED: E.R. DATE:02/14/2019ZONING EXHIBITSCALE: 1" = 20'20'010'20'40'SURVEYOR'S NOTES:1.Bearings and distances are based on the State Plane Coordinate System, TexasNorth Central Zone (4202) North American Datum of 1983 (NAD 83)(USFoot) with a combined scale factor of 1.000136506.2.This property lies within Zone "X" Unshaded of the Flood Insurance RateMap for Dallas County, Texas and Incorporated Areas, map no.48113C0135K, July 7, 2014, via scaled map location and graphic plotting.3.Monuments are found unless specifically designated as set.NOTE REGARDING UTILITIESUtility locations are per observed evidencePROPERTY DESCRIPTION:BEING a 0.294 acre tract of land situated in the James Anderson Survey, Abstract Number 18, being a portion of Lot 4R2, Block 1,Old Coppell Estates Addition, an addition to the City of Coppell, as recorded in Instrument Number 201100211432, Plat Records,Dallas County, Texas and being more particularly described by metes and bounds as follows:COMMENCING from a 1/2 inch rebar found for the northwest corner of said Lot 4R2, same being the southwest corner of Lot 5R2,Block 1 of said Old Coppell Estates Addition and lying on the east line of a tract of land conveyed to Roy Onstott by deed recorded inVolume 95073, Page 51, Deed Records, Dallas County, Texas;THENCE South 89 degrees 16 minutes 10 seconds East departing the east line of said Onstott tract, with the south line of said Lot 5R2,with the north line of said Lot 4R2, a distance of 290.81 feet to a point for the northwest corner of said portion of Lot 4R2 and beingTHE POINT OF BEGINNING;THENCE South 89 degrees 16 minutes 10 seconds East continuing with the south line of said Lot 5R2, a distance of 83.27 feet to apoint on the south line of said Lot 5R2, same being a point on the north line of said 4R2;THENCE South 00 degrees 34 minutes 46 seconds West departing the south line of said Lot 5R2, over and through said Lot 4R2 andcontinuing over and through Lot 3R, Block 1, Old Coppell Estates Addition, an addition to The City of Coppell, as recorded inInstrument Number 200900040806, Plat Records, Dallas County, Texas, a total distance of 154.32 feet to a point for the northernmosteast corner of Lot 2R, Block 1 of Old Coppell Estates, an addition to the City of Coppell, as recorded in Instrument Number201300140145, Plat Records, Dallas County, Texas, same being an interior "ell" corner of said Lot 3R, from which a 1/2 inch rebarfound bears South 33 degrees 20 minutes 40 seconds East, 1.47 feet;THENCE South 89 degrees 15 minutes 15 seconds West with the northernmost line of said Lot 2R, same being the south line of saidLot 3R and continuing with the south line of said Lot 4R2, a distance of 81.48 feet to a point for the northeast corner of Lot 1R2, Block1, Vaughan Addition, Instrument Number 20100211431, Plat Records, Dallas County, Texas, same being the northwest corner of saidLot 2R, and lying on the southernmost line of said Lot 4R2 from which a 3/8 inch rebar found bears North 00 degrees 05 minutes 01seconds West, 1.46 feet;THENCE North 00 degrees 05 minutes 01 seconds West over and through said Lot 4R2, a distance of 156.43 feet to THE POINT OFBEGINNING and containing 12,797 square feet or 0.294 acres of land, more or less.TITLE COMMITMENT NOTESThis survey was prepared without the benefit of a commitment for title insurance. Therefore, easements, agreements, or otherdocuments, either recorded, or unrecorded may exist that affect the subject property that are not shown on this survey.SITELEGEND OF ABBREVIATIONS·D.R.D.C.T. DEED RECORDS, DALLAS COUNTY, TEXAS·O.P.R.D.C.T.OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS·P.R.D.C.T.PLAT RECORDS, DALLAS COUNTY, TEXAS·ROWRIGHT OF WAY·IRS1/2 INCH CAPPED REBAR STAMPED "ASC" SET·C.M.CONTROLLING MONUMENT0.294 ACRES - JAMES ANDERSON SURVEYABSTRACT NO. 18A PORTION OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONCOPPELL, DALLAS COUNTY, TEXASVICINITY MAPNOT TO SCALE220 ELM STREET, SUITE 200 I LEWISVILLE, TX 75057 I 214.217.2544FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COMILAND SURVEYINGPLATTINGWINDROSE220 Elm St., # 200 - Lewisville, TX 75057Ph. 214.217.2544 - TFRN# 10063800arthursurveying.comEstablished 1986OWNER/DEVELOPERDAVID J. BARLEGGS &FIONA BARLEGGS361 HEARTHSTONE LANECOPPELL, TX, 75019ZC-627 H TO SF-9SITEZONING MAP Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4483 File ID: Type: Status: 2018-4483 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Secretary 04/02/2019File Created: Final Action: Mayor and Council ReportsFile Name: Title: Report by the City Council regarding recent and upcoming events. Notes: Agenda Date: 04/09/2019 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 04/09/2019City Council Text of Legislative File 2018-4483 Title Report by the City Council regarding recent and upcoming events. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 4/5/2019 Master Continued (2018-4483) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 4/5/2019