CP 2001-03-27NOTICE OF CITY COUNCIL MEETING AND AGENDA
MARCH 27, 2001
CANDY SHEEHAN,
Mayor
LARRY WHEELER,
Mayor Pro Tem
Place 6
GREG GARCIA,
JAYNE PETERS,
DIANA RAINES,
Place 1
Place 2
Place 3
MARSHA TUNNELL,
DOUG STOVER,
BILL YORK,
Place 4
Place 5
Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order
Work Session
Regular Session
6:00 p.m.
Immediately Following
7:30 p.m.
Council Chambers
Ist FI. Conf. Room
Council Chambers
(Open to the Public)
(Open to the Public)
(Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, March 27, 2001, at 6:00 p.m. for Work
Session and Regular Session will begin at 7:30 p.m., to be held at Town Center,
255 Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION
(Open to the Public)
1. Call to order.
WORK SESSION
(Open to the Public)
Convene Work Session
A. Discussion regarding Boards and Commissions.
B. Discussion of Agenda Items.
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Page 1 of 6
ITEM # ITEM DESCRIPTION
REGULAR SESSION
(Open to the Public)
3. Invocation.
4. Pledge of Allegiance.
5. PROCLAMATIONS:
Consider approval of a proclamation naming Wednesday, March 28,
2001 as ROTARY AWARENESS DAY, and authorizing the Mayor to
sign.
Consider approval of a proclamation naming March 2001 as
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
AWARENESS MONTH, and authorizing the Mayor to sign.
Citizen's Appearances.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
(~5 ¢3 A.
B.
Consider approval of minutes: March 6, 2001.
Consider approval of an Interim Right-of-way Use Agreement
between the City of Coppell and CoServ Communications for the use
of right-of-way to install telecommunication lines and related
appurtenances; and authorizing the City Manager to sign.
Consider approval of an Interim Right-of-way Use Agreement
between the City of Coppell and Coppell Independent School District
for the use of right-of-way to have telecommunication lines installed
and related appurtenances; and authorizing the City Manager to
sign.
Consider approval of an Interlocal Agreement between the Town of
Flower Mound and the City of Coppell for the extension of Lakeside
Parkway (Freeport Parkway within Coppell) northwesterly from the
DFW Trade Center; and authorizing the Mayor to sign.
Consider approval of a Resolution amending Resolution #010996.3,
as heretofore amended, with regard to Refuse Collection fees and
Library Fees, and authorizing the Mayor to sign.
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Page 2 of 6
ITEM # ITEM DESCRIPTION
Consider approval of a Change Order to the Dean Construction
Contract for the Phase 2 Development of Wagon Wheel Park, to
trench and install conduit for Electrical Service along State Road, in
the amount of $36,700.00, and authorizing the President of the
CRDC to sign.
END OF CONSENT
10,
11.
12.
PUBLIC HEARING:
Consider approval of Case No. PD-94R, SF-9, zoning change request to
amend PD-94, SF-9 (Planned Development-94, Single Family-9) to PD94R,
SF9 (Planning Development-94R, single family-9) to allow an expansion of
the existing home into the required eight (8) foot side yard, on
approximately 0.8 of an acre of property located at 637 Swan Drive.
Consider approval of an Ordinance for Case No. PD-94R, SF-9, zoning
change request to amend PD.94, SF.9 (Planned Development-94, Single
Family-9) to PD94R, SF9 (Planning Development-94R, single family-9) to
allow an expansion of the existing home into the required eight (8) foot side
yard, on approximately 0.8 of an acre of property located at 637 Swan
Drive, and authorizing the Mayor to sign.
PUBLIC HEARING:
Consider approval of Zoning Text Amendment to Section 34-2-12(E)
Protected Tree replacement to lengthen the time limit currently permitted
for the planting of replacement trees from a three-month extension to a six-
month extension.
Consider approval of an Ordinance for Case No. PD*157R6, Valley Ranch
Plaza, zoning change request for property zoned PD-157R5-C (Planned
Development, Commercial) by amending the planned development
conditions to permit the enclosure of the McDonald's Playplace and to
reduce the building size in Phase II from 10,000 square feet to 8,000
square feet for property located at the southwest corner of E. Beltline Road
and S. MacArthur Boulevard, and authorizing the Mayor to sign.
PUBLIC HEARING:
Consider approval of the Case No. PD-114R, zoning change request from
PD-114-SF-7 (Planned Development-Il4, Single Family-7) and SF-12
(Single Family. 12) to PD.114R (Planned Development. 114R,
Residential/Rest Home/Nursing Home), to allow the development of a
Retirement Community on approximately 50.17 acres of property located
along the south side of Sandy Lake Road, 1200' east of MacArthur
Boulevard.
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ITEM # ITEM DESCRIPTION
13.
14.
15.
16.
17.
18.
10.
Ae
Consider approval of appointing Rene' Lawson as a regular member
of the Parks and Recreation Board to fill the unexpired term of Diana
Raines which expires October 2002.
Bo
Consider approval of appointing two alternate members of the Parks
and Recreation Board, one term to fill the unexpired term of Lynn
Kees which expires October 2001 and one term to fill the unexpired
term of Rene' Lawson which expires October 2002.
Consider an ordinance of the City of Coppell, Texas, amending Ordinance
No. 98822, as amended, establishing an infrastructure maintenance fund
by amending the amount funded; and authorizing the Mayor to sign.
Consider approval of an Ordinance amending the Code of Ordinances by
amending Chapter I to add Article 1-15 to provide for an annual
Homestead Exemption from ad valorem taxation in the minimum amount of
three (3) percent of assessed value in an amount no less than five
thousand dollars ($5,000.00) for individuals who are owners of residences,
providing a repealing clause, providing a severability clause, and providing
an effective date, and authorizing the Mayor to sign.
PUBLIC COMMENT: The public is invited to make comments to the City
Council during the discussion of this agenda item.
Consider approval of renaming park sites as proposed by the Parks and
Recreation Board.
Necessary action resulting from Work Session.
City Manager's Report.
A. Update on Wagon Wheel and MacArthur Parks.
B. Budget Update.
Mayor
A.
B.
Eo
and Council Reports.
Report by Mayor Sheehan regarding Chamber of Commerce Retreat.
Report by Mayor Sheehan regarding Legislative Update/DFW Airport
Legislation.
Report by Mayor Sheehan regarding Mayor's Breakfast.
Report by Mayor Sheehan regarding Partners in Mobility TXDOT
Presentation.
Report by Councilmember Tunnell regarding NLC in Washington.
Report by Councilmember Raines regarding YMCA Events.
Report by Councilmember York regarding Junior Achievement.
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ITEM # ITEM DESCRIPTION
20. Necessary Action Resulting from Executive Session.
Adjournment.
Candy Sheehan, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the
City Hail of the City of Coppell, Texas on this day of ,
2001, at
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
AT THE WILLIAM T. COZBY PUBLIC LIBRARY OR THE CITY
SECRETARY DEPARTMENT AT TOWN CENTER.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462.0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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T H I: · C I T Y O Ir
CITY COUNCIL MEETING: March 27, 2001 ITEM
WORK SESSION
Discussion regarding Boards and Commissions.
Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
T H E C I T Y O F
C'OPP-F_,LE
AOENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM # ~'
ITEM CAPTION: Consider approval of a proclamation naming Wednesday, March 28, 2001 as ROTARY
AWARENESS DAY, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:~'~
AMT. EST. $
+k-BID $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: !Rotary
PROCLAMATION
VqltEREAS, Rotary is an organization of business and professional men and women united
worldwide who provide humanitarian service, encourage high ethical standards in all vocations, and
help build goodwill and peace in the world; and
WHEREAS, the object of Rotary is to encourage and foster the ideal of service as a basic
of worthy enterprise; and
WHEREAS, Rotary is a valuable contributor to the civic, social and economic well-being
of North Texas through its financial contributions, volunteer leadership, and active involvement in
community, vocational, and international projects; and
WItEREAS, the members of the Rotary Club of North Texas actively promote friendship
and understanding in the worid community by fostering the exchange of business and professional
men and women from other countries through Rotary Group Study Exchange.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do proclaim
Wednesday, March 28, 2001 as
"ROTARY AWARENESS DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell
to be affixed this day of March 2001.
Candy Sheehan, Mayor
ATTEST:
Libby Ball, City Secretary
T H E · C I T Y O F
C'OPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM #
ITEM CAPTION:
RETARDATION AND
the Mayor to sign.
Consider approval of a proclamation naming March 2001 as
DEVELOPMENTAL DISABILITIES AWARENESS MONTH, and
MENTAL
authorizing
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
FINANCIAL COMMENTS~k¥
+k-BID $
DIR. INITIALS: FIN. REVIE'¢/.~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: !Mental
PROCLAMATION
WHEREAS, the citizens of Dallas with disabilities are active citizens and contribute much to
the quality of life in this community and state; and
WHEREAS, greater public awareness and acceptance of people with disabilities will increase
their access to community housing, employment, and social and recreational opportunities; and
WHEREAS, it is the desire of our community to create a place where all people can explore
and develop their potential, enjoy productive work, and contribute meaningfully to the life of the
community; and
WHEREAS, Bethphage's Dallas program has worked jointly with the Mayor to secure this
proclamation; and
WHEREAS, it is the goal of Dallas to promote positive perceptions of people with
disabilities.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim
March 2001 as
"MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES AWARENESS MONTH"
and ask the citizens of our community to look beyond people's disabilities and focus instead upon their
diverse abilities and unique contributions to the community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to
be affixed this ~ day of March 2001.
ATTEST:
Candy Sheehan, Mayor
Libby Ball, City Secretary
CITY COUNCIL MEETING: Maw. h 27, 2001 ITEM # _~~
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL lVlEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the
following new Article 1-10:
ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDU~G
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
1-10-6.2.1 Subjects Not Appearing on the Agenda
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda,
must sign a register and list their residence address, provided by the City Secretary on a table outside the
Council Chambers, and such persom may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence. Presentatiom
by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual
speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the
Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or
special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called
upon in the order that they have signed the provided register. No personal attacks by any speaker shall be
made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3,
Section 3.12).
CITY MANAGER"S REVIEW:
CITY COUNCIL MEETING: March 27, 2001 ITEM
ITEM CAPTION:
Consider approval of minutes:
March 6, 2001.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT.
FINANCIAL COMMENTS:~k
AMT. EST. $
+k-BID $
DIP.. INITIALS:
Ag~ Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: %minull~S
MINUTES OF MARCH 6, 2001
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 6, 2001, at 7:00 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Candy Sheehan, Mayor
Larry Wheeler, Mayor Pro Tem
Greg Garcia, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Doug Stover, Councilmember
Bill York, Councilmember
I~_,GULAR S~SION
1. Call to order.
Mayor Sheehan called the
Session.
:r ourned Executive
losed to the Public)
Code - Consultation
Involving City's standing regarding suit
,nge school finance under Chapter 41 of the
Education Code.
no executive session held due to the fact that there was no new
to report.
WORK SESSION
(Open to the Public)
Convene Work Session
A. Review of TXU Gas Distribution rate increase.
B. Discussion of Agenda Items.
CM030601
Page 1 of I 1
REGULAR SESSION {Open to the Public)
4. Invocation.
Ken Hovland, Rejoice Lutheran Church, led those present in the invocation.
5. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
Prel
PROCLAMATIONS:
Ae
Consider approval of a Proclamation
March 18-24, 2001 as Poison
authorizing the Mayor to
Consider approval
March as Red Cross
Red Cross
Mayor
record.
week of
and
month of
National
to approve the following Proclamations:
naming the week of March 18-24, 2001 as Poison
Week, and authorizing the Mayor to sign.
A Proclamation naming the month of March as Red Cross Month to
coincide with the National Red Cross Month and authorizing the
Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tern Wheeler and Councilmembers Garcia, Peters, Raines,
Tunnell, Stover and York voting in favor of the motion.
CM030601
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Citizen's Appearances.
No one was signed up to speak under this item.
Consider approval of the following consent agenda items:
A. Consider approval of minutes:
February 27, 2001.
Consider approval of awarding Bid # Q-0101-03 for the
Sidewalk Repair Project to Quantum Contracting Inc. in
an amount of $72,314.55 as budgeted; and
the City Manager to sign.
Consider approval of awarding
Reinforced Concrete
Construction Company Inc.
$350,000 as
to sign.
the
for the
to Nova
to exceed
Manager
D. Consider
Duke-
Case PD- 186-R,
request PD- 186
PD- (Planned
site plan for Lots
approximate 560,000
on approximately
~d on the west side of Coppell
and Bethel Roads, and authorizing
approval of award of bid numbers Q-1000-05 and
-04 for the purchase of equipment for the Parks
and Leisure Services Department in the amount of
$120,337.51.
Presentation:
Jim witt, City Manager, made a presentation to Council.
Issues Discussed:
There was discussion regarding sidewalk repair.
CM030601
Page 3 of 11
Action:
Councilmember Tunnell moved to approve Consent Agenda items A, B,
C, D carrying Ordinance No. 91500-A-289, and E. Councilmember
Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover
and York voting in favor of the motion.
PUBLIC HEARING:
Consider approval of the Nash Manor Addition, Replat of Lot 6,
Block A of the Stringfellow Addition, to allow the of
six (6} single-family lots on approximately 2.'. :res of
property located at the end of Nash Street, 395
feet south of Sandy Lake Road.
Presentation:
Gary Sieb, Director of
presentation to the Council.
Thomas Stroh
and
.~ Se~es, made a
made a ~entation to
one
Jon
on Item 9 and advised that
at the Public Hearing and that the
any questions.
Road, spoke in favor of this item.
'.re was discussion regarding the number of lots for the addition; the
proposed entry wall to the Addition; what style of home will be built here;
and the possibility of saving the ChinaBerry tree currently on the
property.
Action:
Councilmember York moved to close the Public Hearing and approve the
Nash Manor Addition, Replat of Lot 6, Block A of the Stringfellow
Addition, to allow the platting of six (6) single-family lots on
CM030601
Page 4 of 11
approximately 2.27 acres of property located at the end of Nash Street,
approximately 395 feet south of Sandy Lake Road with the following
conditions:
City Council approval of the alley waiver and the
mountable curbs.
2. Submission, staff review and approval of a
Homeowner's Association Agreement.
Tree Removal Permit will be required prior to the
removal of any trees. Trees removed from this site
require retribution under the Tree
Ordinance of $100.00 per caliper inch
The preservation techniques
Preservation Ordinance
designated to be
removed or in
designated, may
)n
If
to tho',
those
Tree
trees
;S are
alrady
S.
5. Per
of $ per
the motion carried 7-0
.,rs Garcia, Peters,
of the motion.
3A~
Gateway Business Park, Block 2, Lots
Lmon Area 1, Replat and Site Plan, to
37.35 acres of property and allow for the
;nt of an office/warehouse building on an 11.62-acre
of land located at the northwest corner of Freeport
and Gateway Boulevard.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
CM030601
Page 5 of 11
Public Hearing:
Mayor Sheehan opened the Public Hearing on Item 10 and advised that
no one had signed up to speak at the Public Hearing and that the
applicant was present to answer any questions.
Action:
Councilmember York moved to close the Public Hearing and approve the
Gateway Business Park, Block 2, Lots 3A, 3B, 3C, and Common Area 1,
Replat and Site Plan, to replat approximately 37.35 acres of property and
allow for the development of an office/warehouse building on 11 ~2
acre tract of land located at the northwest corner of
and Gateway Boulevard with the following conditions:
Replat Conditions:
City Council approval of the
16,807 square feet
of 5,820 square
2. All
..d of
and )n
made ~n 90
All othc ".~ atters
dedication shall be
over underground
or common area 1.
~caping shall be placed over underground
;ilmember Tunnell seconded the motion; the motion carried 7-0
Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters,
Raines, Tunnell, Stover and York voting in favor of the motion.
11.
Consider approval of Freeport North, Lot 1, Site Plan
Amendment, to allow the enlargement/expansion of a
screening wall on 7.1784 acres of property located at the
southeast corner of Northpoint Drive and Royal Lane.
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Page 6 of 11
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve Freeport North, Lot 1, Site
Plan Amendment, to allow the enlargement/expansion of a screening
wall on 7.1784 acres of property located at the southeast comer of
Northpoint Drive and Royal Lane. Councilmember Peters seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and
Councilmembers Garcia, Peters, Raines, Tunnell, Stover voting
in favor of the motion.
12.
Consider approval of Magnolia
Plan, to allow the development
approximately 0.773 of
of Coppell Road {217 Roa~
north of
munity
along
and Site
~house on
west side
321 feet
Services, made a
any historical value of the house on the
York moved to approve Magnolia Fisheries, Minor Plat
and Site Plan, to allow the development of an office/warehouse on
approximately 0.773 of an acre of property along the west side of Coppell
Road (217 Coppell Road), approximately 321 feet north of Sandy Lake
Road with the following conditions:
Site Plan Conditions:
Elimination of the southern curb cut onto Coppell
Road.
CM030601
Page 7 of 11
Tree Removal Permit will be required prior to removal
of any trees.
The preservation techniques called out in the Tree
Preservation Ordinance must be followed for these
trees designated to be preserved on site. If trees are
removed or damaged in addition to those already
designated, retribution may be due for those trees.
4. No attached or detached signs shall be permitted.
5. Revise the elevations of the building to include a
double row of bricks each extended 3/4 inch a
soldier course along the top row of the
Minor Plat Conditions:
Prior to the submission of a
soils testing
licensed
and approved
the
permit, ~n-site
bfog_ state
syste~:~ esign,
g O~ial to
sep~ystem
the result o~e soil
a sanitary s~ver line
motion; the motion
Tern Wheeler and
s, Raines, Tunnell, Stover and
motion.
of entering into a contract with Turner
:n Inc. for the design of DeForest Road and Sandy
Road Lift Stations and Force Main Improvements in an
of $405,863; and authorizing the City Manager to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
CM030601
Page 8 of 11
Action:
Councilmember Peters moved to approve entering into a contract with
Turner Collie & Braden Inc. for the design of DeForest Road and Sandy
Lake Road Lift Stations and Force Main Improvements in an amount of
$405,863; and authorizing the City Manager to sign. Councilmember
Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover
and York voting in favor of the motion.
14.
Consider approval of awarding Bid/Contract # Q-OIO~-O1 for
the reconstruction of Freeport Parkway
Contracting Inc. in an amount of $778,000;
the City Manager to sign.
Presentation:
Jim Witt, City Manager, made
Ken Griffin, Director of blic made a
presentation to
road.
to approve awarding Bid/Contract
of Freeport Parkway to Quantum
in an amount of $778,000; and authorizing the City
mgm Councilmember Peters seconded the motion; the
carried 7-0 with Mayor Pro Tern Wheeler and Councilmembers
;ia, Peters, Raines, Tunnell, Stover and York voting in favor of the
)n.
15.
Consider approval of an ordinance or resolution regarding TXU
gas distribution rate change, and authorizing the Mayor to
sign.
CM030601
Page 9 of 11
Presentation:
Jim Witt, City Manager, made a presentation to Council.
Action:
Councilmember York moved to approve Ordinance No. 2001~938
regarding TXU gas distribution rate change, and authorizing the Mayor
to sign. Councilmember Tunnell seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia,
Peters, Raines, Tunnell, Stover and York voting in favor of the motion.
Necessary action resulting from Work Session.
There was no action necessary under this ite:
17. Mayor and Council Re: i ~
A. Report by Mayor ~ up~e on Old
Coppeil Goal. '~ . i~._~
B. Report ~gardmg ~te from
TML Dinner.
Town Hall Meeting.
E. regarding Junior
Ao
.S.
that the RFP would be discussed at the
;ss~on and asked for Council input. RFP should
the first of June and staff will review and make
iation during the month of June on the Old Coppell
Mayor Sheehan thanked all members of the Legislative Committee
for their work.
Mayor Sheehan reported on the TML Dinner she attended.
Mayor Sheehan announced that all citizens are invited to attend
the Town Hall Meeting on April 3rd at 7:00 p.m. The topic of
discussion will the 2001-2002 fiscal year budget.
CM030601
Page I0 of 11
Councilmember Stover announced that the Junior Achievement
job shadow day will be held on Tuesday, March 20th.
18.
Necessary Actioa Resulting from l~xecutive Session,
There was no action necessary on this item.
ATTEST:
Libby Ball, City Secretary
Candy Sheehan, Mayor
CM030601
Page I1 ofll
COFFELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001ITEM #
ITEM CAPTION:
Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and CoServ
Communications for the use of right-of-way to install telecommunication lines and related appurtenances;
and authorizing the City Manager to sign.
SUBMITTED BY: Michael A. Martin, RE.
TITLE: Assistant City Engineer
STAFF COMMENTS:
Robert E. Hagar, City Attorney is bringing forth this agreement for consideration.
Staffwill be available to answer any questions at the Council meeting.
BUDGET AMT $
FINANCIAL COMMENTS:~('
AMT EST $
+X-BID $
DIR. INITIALS: ~ FIN. REVIEW~)j~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: #engl
INTERIM PUBLIC RIGHT-OF-WAY USE AGREEMENT
BETWEEN THE CITY OF COPPELL AND COSERV COMMUNICATIONS
This Public Right-of-Way Use Agreement ("Agreement") is hereby made and entered
into by and between the City of Coppell ("City"), a home rule municipal corporation organized
under the laws of the State of Texas, and acting by and through its City Manager, its duly
authorized agent, and CoServ Communications ("Company"), a Texas Company, acting by and
through its authorized representative.
The following statements are true and correct and constitute the basis of this Agreement:
A. Company is a fiber optic network company or privoder.
B. In accordance with and subject to the ordinances of the City and laws of the State
of Texas, a company may construct conduit, cable, switches and related appurtenances and
facilities and excavate within the Public Rights-of-Way in order to provide fiber optic network or
service, other than Cable Services. Company wishes to excavate in the Public Rights-of-Way in
order to provide services other than Cable Services in the City.
C. In accordance with the laws of the State of Texas, a municipality may exercise
police power-based regulations in the management of the use of its Public Rights-of-Way in
order to protect the health, safety and welfare of the public. The City wishes to set forth
reasonable regulations and requirements in this Agreement for the use of the Public Rights-of-
Way by Company and Company is willing to abide by such regulations.
1. DEFINITIONS
Capitalized terms used in this Agreement and not othen~,,ise defined within this
Agreement shall have the following meanings:
Access Line shall mean, unless the PUC adopts a different definition pursuant to Section
283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter
283.
Act shall mean the Federal Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
Affiliate shall mean any individual, partnership, association, joint stock company limited
liability company, trust, corporation, or other person or entity who owns or controls, or is owned
or controlled by, or is under common ownership or control with, the entity in question.
Cable Services shall mean the same as it is defined in the Federal Communications Act
of 1934, as amended by the Telecommunications Act of 1996.
Cable Television System shall mean the same as it is defined in the Federal
Communications Act of 1934, as amended by the Telecommunications Act of 1996.
1 39960
Certificated Telecommunications Provider shall mean the same as it is defined in the
Local Government Code, Chapter 283.
Company shall mean CoServe Communications.
City shall mean the area within the corporate limits of the City of Coppell, Texas.
Director shall mean the Director of the City's Engineering Services Department or
authorized representative.
Facilities shall mean all facilities placed in, on, under or above the Public Right-of-Way
by or on behalf of Company, includin~ but not limited to, duct spaces, manholes, poles, conduit,
underground and overhead passageways, and other equipment, structures and appurtenances and
all associated physical devices in the Public Rights-of-Way used by Company for purposes other
than the provision of Cable Services.
FCC shall mean the Federal Communications Commission.
Person shall mean an individual, a corporation, a limited liability company, a general or
limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of
business entity or association.
Public Rights-of-Way shall mean the same as it is defined in the Local Government
Code, Chapter 283.
PUC shall man the Public Utility Commission of Texas.
Open Video System shall mean the same as it is defined in Title 47, Code of Federal
Regulations, Section 76.1500.
2. PERMIT
Company shall not initiate or have initiated any kind of construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other physical
use of the Public Rights-of-Way unless company first obtains a respective permit ("Permit")
from the Director. The City will provide the Permit to Company free of charge following (i) full
compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's
review of Company's Permit application within a reasonable time following its submission to the
Director.
2 39960
3. PRf?REQUIS1TES TO ISSUANCE OF CONSTRUCTION PERMIT
3.1 Registration.
In order for the City to know which CTPs own Facilities in the City's Public
Rights-of-Way, Company shall register with the City Manager and provide the following
information at a minimum: (i) Company's name and (ii) the current name, address, and
telephone number(s) of a contact employed by and with binding and decision-making
authority for the Company and who is available twenty-four (24) hours per day.
Company shall update and keep current its registration with the City at all times.
3.2 Application.
Company shall submit an application for a Permit, including plan documents, to
the Director at least ten (10) working days prior to the commencement of the respective
use of the Public Rights-of-Way except (i) where waived by the Director in writing or (ii)
in the event of an emergency response related to an existing Facility owned by Company.
The Permit application shall include the following information at a minimum: (i) the
name of Company; (ii) the current name, address and telephone number(s) of a contact
employed by and with binding and decision-making authority for the Company and who
is available twenty-four (24) hours per day; (iii) the name, address and telephone
number(s) of any contractor or subcontractor that will be performing work in, on or
above the Public Rights-of-Way; (iv) the proposed location of any construction and route
of all Facilities that Company intends to install in, on, or above the Public Rights-of-
Way; (v) the construction and/or installation methods that Company intends to employ in
order to protect existing structures, fixtures and facilities within or adjacent to the
portions of the Public Rights-of-Way that will be affected by Company's respective
project; (vi) the dates and times tb~t Company wishes to use the Public Rights-of-Way;
(vii) shall submit detailed engineering drawings to scale, no larger than 24" x 36" which
depicts the Right of Way width, street width and the location of the water, sanitary sewer
and storm drainage systems currently located in such Right-of-Way; and (viii) proof of
insurance and bonding requirements as required by applicable City Ordinances. Upon
completion of construction, Company shall provide the Director copies of the "as built"
documents for each installation in the Rights-of-Way.
3.3 Executed Public Right-of-Way Use Agreement.
Company shall provide the Director with a fully executed copy of this Agreement
upon submission of Company' s Permit application.
3.4 Compliance With All City Ordinances.
Company agrees to comply with all City Ordinances on construction in the Public
Rights-of-Way, and such ordinances the Company acknowledges it has either reviewed
or had an opportunity to review.
3 3~6o
4. MUNICIPALITIES
4.1 Sunset.
Company shall pay the City a quarterly fee calculated monthly and based upon
the Access Line rates for the City adopted by the PUC in accordance with Section
283.055 of the Texas Local Government Codeif it is or becomes a Certified
Telecommunications Provider.
4.2 When Du~.
Company shall pay the Fee on a calendar quarterly basis to the City at the address
provided in Section 7 of this Agreement. The Fee shall be due within forty-five (45) days
following the last day of each quarter, and such fee shall be exclusive of any other
appropriate fee required by the enactment of the Right-of-Way Ordinance, as amended.
This Agreement shall become effective on the date of its execution ("Effective Date"),
and shall terminate upon the effectiveness of a City ordinance governing the use of the Public
Rights-of-Way public utilities or others.
6. CABLE SERVICES AND OPEN VIDEO SYSTEMS PROHIBITED
Unless otherwise specifically allowed by law, Company shall not provide Cable Service
or an Open Video System through its Facilities or initiate construction of a Cable System or
Open Video System in the Public Rights-of-Way without a franchise awarded by the City in
accordance with the Act.
7. NOTICES
Any notices required pursuant to the provisions of this Agreement or provided by the
City or Company to the other shall be (i) hand-delivered to the other party or (ii) mailed through
the United States Postal Service, postage paid, certified mail, return receipt requested, addressed
as follows:
TO THE CITY:
WITH A COPY TO:
Jim Witt, City Manager
City of Coppell
P.O. Box 478
255 Parkway Boulevard
Coppell, Texas 75019
Robert E. Hager, City Attorney
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
4 39960
TO COMPANY:
WITH A COPY TO:
President
CoServ Communications
8. COMPLIANCE WITH LAWS
Company agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City, and all rules and regulations established by the Director in order to
protect the public health, safety and welfare.
9. NO WAIVER
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the
law, shall not constitute a waiver of the City's rights to insist upon appropriate performance or to
assert any such right on any future occasion.
10. GOVERNING LAW AND VENUE
This Agreement shall be construed-pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at law
or in equity, arises out of the terms of this Agreement, venue for such action shall lie exclusively
in state court located in Dallas County, Texas, or the United States District court for the Northern
District of Texas, Dallas Division, unless otherwise provided by law.
11. CONFERENCES
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this A~reement or
Company's use of the Public Rights-of-Way.
12. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
final order entered by a court of competent jurisdiction, the validity, legality or enforceability of
the remaining provisions shall not in any way be affected or impaired. For purposes of this
Agreement, a court order shall be final only to the extent that all available legal rights and
remedies pertaining to such order, including, without limitation, all available appeals, have been
exhausted.
5 3996o
13. HEADINGS NOT CONTROLLING
Headings and titles that are used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
14. ENTIRETY OF AGREEMENT
This Agreement contains the entire understanding and agreement between the City and
the Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions
of this Agreement. This Agreement shall not be amended unless agreed to in writing by both
parties.
CITY OF COPPELL, TEXAS
COSERV COMMUNICATIONS
By:
By:
Jim Witt Name:
City Manager Title:
ATTEST:
By:
Libby Ball, City Secretary
APPROVED O FORM:
By:
omey
APPROVED AS TO FORM:
By:
(Legal Counsel for CoServ
6 39960
T H E C I T Y0 F
COPP-P_,I £ AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM #
ITEM CAPTION:
Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and Coppell
Independent School District for the use of right-of-way to have telecommunication lines installed and related
appurtenances; and authorizing the City Manager to sign.
SUBMITTED BY: Michael A. Martin, P.E.
TITLE: Assistant City Engineer
STAFF COMMENTS:
Robert E. Hagar, City Attorney is bringing forth this agreement for consideration.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $
FINANCIAL COMMENTS:~
AMT EST $
+X-BID $
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: #eng2
INTERIM PUBLIC RIGHT-OF-WAY USE AGREEMENT
BETWEEN THE CITY OF COPPELL AND
COPPELL INDEPENDENT SCHOOL DISTRICT
This Public Right-of-Way Use Agreement ("Agreement") is hereby made and entered
into by and between the City of Coppell ("City"), a home rule municipal corporation organized
under the laws of the State of Texas, and acting by and through its City Manager, its duly
authorized agent and the Coppell Independent School District ("CISD"), acting by and through
its duly authorized agent.
The following statements are true and correct and constitute the basis of this Agreement:
A. CISD is an independent Texas School District.
B. In accordance with the ordinance of the City and state law, no entity may
construct conduit, cable, switches and related appurtenances and facilities and excavate within
the Public Rights-of-Way, except with permission of the City. CISD wishes to excavate in the
Public Rights-of-Way in order to provide fiber optic system or otherwise use the right-of-way.
C. In accordance with state law, a municipality may exercise police power-based
regulations in the management of the use of its Public Rights-of-Way in order to protect the
health, safety and welfare of the public. The City wishes to set forth reasonable regulations and
requirements in this Agreement for the use of the Public Rights-of-Way by CISD and CISD is
willing to abide by such regulations.
1. DEFINITIONS
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Access Line shall mean, unless the PUC adopts a different definition pursuant to Section
283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter
283.
Act shall mean the Federal Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
Affiliate shall mean any individual, Partnership, association, joint stock CISD limited
liability CISD, trust, corporation, or other person or entity who owns or controls, or is owned or
controlled by, or is under common ownership or control with, the entity in question.
Cable Services shall mean the same as it is defined in the Federal Communications Act
of 1934, as amended by the Telecommunications Act of 1996.
1 39718
Cable Television System shall mean the same as it is defined in the Federal
Communications Act of 1934, as amended by the Telecommunications Act of 1996.
Certificated Telecommunications Provider shall mean the same as it is defined in the
Local Government Code, Chapter 283.
CISD shall mean the Coppell Independent School District.
City shall mean the area within the corporate limits of the City of Coppell, Texas.
Director shall mean the Director of the City's Engineering Services Department or
authorized representative.
Facilities shall mean all facilities placed in, on, under or above the Public Right-of-Way
by or on behalf of CISD, including, but not limited to, duct spaces, manholes, poles, conduit,
underground and overhead passageways, and other equipment, structures and appurtenances and
all associated physical devices in the Public Rights-of-Way used by CISD for purposes other
than the provision of Cable Services.
FCC shall mean the Federal Communications Commission.
Person shall mean an individual, a corporation, a limited liability CISD, a general or
limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of
business entity or association.
Public Rights-of-Way shall mean the same as it is defined in the Local Government
Code, Chapter 283.
PUC shall man the Public Utility Commission of Texas.
Open Video System shall mean the same as it is defined in Title 47, Code of Federal
Regulations, Section 76.1500.
2. PERMIT
CISD shall not initiate or have initiated any kind of construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other physical
use of the Public Rights-of-Way unless CISD first obtains a respective permit ("Permit") from
the Director. The City will provide the Permit to CISD free of charge following (i) full
compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's
review of CISD's Permit application within a reasonable time following its submission to the
Director.
2 39718
PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT
3.1 Registration.
In order for the City to know which CTPs own Facilities in the city's Public
Rights-of-Way, CISD shall register with the City Manager and provide the following
information at a minimum: (i) CISD's name and (ii) the current name, address, and
telephone number(s) of a contact employed by and with binding and decision-making
authority for the CISD and who is available twenty-four (24) hours per day. CISD shall
update and keep current its registration with the City at all times.
3.2 Application.
CISD shall submit an application for a Permit, including plan documents, to the
Director at least ten (10) working days prior to the commencement of the respective use
of the Public Rights-of-Way except (i) where waived by the Director in writing or (ii) in
the event of an emergency response related to an existing Facility owned by CISD. The
Permit application shall include the following information at a minimum: (i) the name of
CISD; (ii) the current name, address and telephone number(s) of a contact employed by
and with binding and decision-making authority for the CISD and who is available
twenty-four (24) hours per day; (iii) the name, address and telephone number(s) of any
contractor or subcontractor that will be performing work in, on or above the Public
Rights-of-Way; (iv) the proposed location of any construction and route of all Facilities
that CISD intends to install in, on, or above the Public Rights-of-Way; (v) the
construction and/or installation methods that CISD intends to employ in order to protect
existing structures, fixtures and facilities within or adjacent to the portions of the Public
Rights-of-Way that will be affected by CISD's respective project; (vi) the dates and times
that CISD wishes to use the Public Rights-of-Way; (vii) shall submit detailed engineering
drawings to scale, no larger than 24" x 36" which depicts the Right of Way width, street
width and the location of the water, sanitary sewer and storm drainage systems currently
located in such Right-of-Way; and (viii) proof of insurance and bonding requirements as
required by applicable City Ordinances. Upon completion of construction, CISD shall
provide the Director copies of the "as built" documents for each installation in the Rights-
of-Way.
3.3 Executed Public Right-of-Way Use Agreement.
CISD shall provide the Director with a fully executed copy of this Agreement
upon submission of CISD's Permit application.
3.4 Compliance With All City Ordinances.
CISD agrees to comply with all City Ordinances on construction in the Public
Rights-of-Way, and such ordinances the ClSD acknowledges it has either reviewed or
had an opportunity to review.
3 39718
4. MUNICIPALITIES
4.1 Sunset.
CISD shall pay the City a quarterly fee calculated monthly and based upon the
Access Line rates for the City adopted by the PUC in accordance with Section 283.055 of
the Texas Local Government Code, if it is or becomes a Certified Telecommunications
Provider.
4.2 When Due.
CISD shall pay the Fee on a calendar quarterly basis to the City at the address
provided in Section 7 of this Agreement. The Fee shall be due within forty-five (45) days
following the last day of each quarter and such fee shall be exclusive of any other
appropriate fee required by the enactment of the Right-of-Way Ordinance, as amended.
This Agreement shall become effective on the date of its execution ("Effective Date"),
and shall terminate upon the effectiveness of a City ordinance governing the use of the Public
Rights-of-Way public utilities or others.
6. CABLE SERVICES AND OPEN VIDEO SYSTEMS PROHIBITED
Unless otherwise specifically allowed by law, CISD shall not provide Cable Service or an
Open Video System through its Facilities or initiate construction of a Cable System or Open
Video System in the Public Rights-of-Way without a franchise awarded by the City in
accordance with the Act.
7. NOTICES
Any notices required pursuant to the provisions of this Agreement or provided by the
City or CISD to the other shall he (i) hand-delivered to the other party or (ii) mailed through the
United States Postal Service, postage paid, certified mail, return receipt requested, addressed as
follows:
TO THE CITY:
WITH A COPY TO:
Jim Witt, City Manager
City of Coppell
P.O. Box 478
255 Parkway Boulevard
Coppell, Texas 75019
Robert E. Hager, City Attorney
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
4
39718
TO CISD:
WITH A COPY TO:
Superintendent of Schools
Coppell Independent School District
Legal Counsel
Coppell, Texas 75019
8. COMPLIANCE WITH LAWS
CISD agrees to comply with all federal, state and local laws; ali ordinances, rules and
regulations of the City, and all rules and regulations established by the Director in order to
protect the public health, safety and welfare.
9. NO WAIVER
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the
law, shall not constitute a waiver of the City's rights to insist upon appropriate performance or to
assert any such right on any future occasion.
10. GOVERNING LAW AND VENUE
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. ff any action, whether real or asserted, at law
or in equity, arises out of the terms of this Agreement, venue for such action shall lie exclusively
in state court located in Dallas County, Texas, or the United States District court for the Northern
District of Texas, Dallas Division, unless otherwise provided by law.
11. CONFERENCES
At the request of either the City or CISD, the City and CISD shall meet at reasonable
times and upon reasonable notice to discuss any aspect of this Agreement or CISD's use of the
Public Rights-of-Way.
12. SEVERAB1LITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
final order entered by a court of competent jurisdiction, the validity, legality or enforceability of
the remaining provisions shall not in any way be affected or impaired. For purposes of this
Agreement, a court order shall be final only to the extent that all available legal rights and
remedies pertaining to such order, including, without limitation, all available appeals, have been
exhausted.
5 39718
13. HE~GS NOT CONTROLLING
Headings and titles that are used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
14. ENTIRETY OF AGREEMENT
This Agreement contains the entire understanding and agreement between the City and
the CISD as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions
of this Agreement. This Agreement shall not be amended unless agreed to in writing by both
parties.
CITY OF COPPELL, TEXAS
COPPELL INDEPENDENT SCHOOL
DISTRICT
By:
By:
Jim Witt Name:
City Manager Title:
Superintendent
ATTEST:
By:
Libby Ball, City Secretary
By: ~ey
By:
APPROVED AS TO FORM:
(Legal Counsel for CISD)
6 39718
COPPELL
CITY COUNCIL MEETING: March 27, 2001
AGENDA REQUEST FORM
ITEM
ITEM CAPTION:
Consider approval of an Interlocal Agreement between the Town of Flower Mound and the City of Coppell
for the extension of Lakeside Parkway (Freeport Parkway within Coppell) northwesterly from the DFW
Trade Center; and authorizing the Mayor to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF COMMENTS:
For some time now the Town of Flower Mound has been meeting with the dries of Grapevine, Lewisville
and Coppell to secure interlocal agreements for the extension of Freeport Parkway that currently deadends in
the DFW Trade Center on the northwest side of S.H. 121. When DFW Trade Center originally built
Freeport Parkway, a cul-de-sac was constructed at the end of Freeport Parkway. A small portion of that cul-
de-sac is within the City of Coppell. The City of Coppell participated with the City of Grapevine for the
construction cost of that portion of Freeport Parkway within the City of Coppell. Flower Mound is
proposing to extend the roadway north into the Town of Flower Mound. Therefore, they will need to remove
and reconstruct a portion of the existing roadway for proper alignment. My understanding is that within the
Town of Flower Mound the road will be renamed to Lakeside Parkway.
Grapevine has already approved an interlocal agreement with the Town of Flower Mound and Lewisville is
currently in the process of scheduling one for Council action. The interlocal agreement allows the Town of
Flower Mound to remove and reconstruct a portion of the roadway within the City of Coppell. They will
maintain that portion of the roadway. It also gives them the right to utilize eminent domain if necessary to
secure additional right-of-way. However, based on my conversations with their Town Engineer, it is my
understanding that no additional right-of-way will be required for the removal and reconstruction of the
portion of Freeport Parkway within the City of Coppell.
Staff recommends approval of the interlocal agreement between the Town of Flower Mound and the City of
Coppell. Staff will be available to answer any questions at the Council meeting.
BUDGET AMT $
FINANCIAL COMMENTS:~X'~'
AMT EST $ +k-BID $
DIR. INITIALS: k7
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: #eng3
INTERLOCAL AGREEMENT
WHEREAS, the City of Coppell, Texas, hereinafter referred to as "the City," and
the Town of Flower Mound, Texas, hereinafter referred to as "the Town," desire to enter
into this Interlocal Agreement, hereinafter referred to as "the Agreement," relative to
Lakeside Parkway and the Lakeside Business District in the Town, eminent domain and
other issues of mutual concern between the City and the Town; and
WHEREAS, the Texas Interlocal Cooperation Act, contained in Chapter 791 of
the Texas Government Code, authorizes Texas Local governments to contract with one
or more other local governments to perform governmental functions and services under
the terms of said Act; and
WHEREAS, the City and the Town concur that this Agreement is in the best
interest of the citizens of Coppell and Flower Mound;
NOW, THEREFORE, THIS AGREEMENT, is hereby made and entered into by
the City and the Town for the mutual consideration stated herein, subject to the
following terms and conditions, as follows:
I.
The City and the Town acknowledge that the Town is constructing Lakeside
Parkway, which includes roadway and utilities construction and is hereinafter referred to
as "the Lakeside Parkway Project," as depicted, in part, on Exhibit 1.
INTERLOCAL AGREEMENT-Page 1
The Town shall construct all roadway and utility improvements associated with
the Lakeside Parkway Project, including those portions of Lakeside Parkway located in
the City, as a consequence of the execution of this Agreement, and the Town shall
maintain same at all times hereafter. All expenditures by the Town for the performance
of these governmental functions of constructing this street shall be made from current
revenues available to the Town of Flower Mound.
II.
The City consents to the Town's construction of the Lakeside Parkway Project in
the City's corporate limits and the Town's use of eminent domain in the City's corporate
limits, if necessary, to acquire any and all necessary right-of-way for said Project.
III.
This Agreement may not be assigned. It embodies the entire agreement
between the parties and may not be amended except in writing.
IV.
In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the
signatories agree to submit such disagreement to mediation.
V.
No modifications or amendments to this Agreement shall be valid unless in
writing and signed by the signatories hereto or their heirs, successors and assigns.
INTERLOCAL AGREEMENT- Page 2
VI.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas. Venue for any action arising under this Agreement shall lie in
either Denton County, Texas, or Dallas County, Texas.
VII.
This Agreement shall become a binding obligation on the signatories upon
execution by all signatories hereto. The Town warrants and represents that the
individual executing this Agreement on behalf of the Town has full authority to execute
this Agreement and bind the Town to the same. The City warrants and represents that
the individual executing this Agreement on behalf of the City has full authority to
execute this Agreement and bind the City to the same.
VIII.
This Agreement shall be filed in the deed records of Denton County, Texas, and
Dallas County, Texas.
INTERLOCAL AGREEMENT- Paae 3
EXECUTED this
Flower Mound, Texas,
the day of
day of ,2001, by the Town of
pursuant to Town Council action taken on
,2001, and by the City of Coppell Resolution adopted on
,2001.
TOWN OF FLOWER MOUND, TEXAS
CITY OF COPPELL, TEXAS
By:
Lori L. DeLuca
Mayor
By:
Candy Sheehan
Mayor
ATTEST:
ATTEST:
Paula Lawrence
Town Secretary
Libby Ball
City Secretary
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Terrence S. Welch
Town Attorney
Bob Hager
City Attorney
INTERLOCAL AGREEMENT- PaRe 4
'T H E (: I T Y 0 F
OPP-t LL AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM #
ITEM CAPTION: Consider approval of a Resolution amending Resolution #010996.3, as heretofore
amended, with regard to Refuse Collection fees and Library Fees, and authorizing the Mayor to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:'~\~'
AMT. EST. $
+\-BID $
DIR. INITIALS',.~ FIN. REVIEW~
Agenda Request Form ~ Revised 5/00
CITY MANAGER REVIEW:
Document Name: Samendfe
MEMORANDUM
Date:
March 19, 2001
To:
From:
Subject:
Mayor and Council
Jennifer Armstrong, Director of Finance
Fee Resolution Changes
The following changes are being requested with this agenda item:
Refuse Collection Fees - Presented to Council on February 27, 2001.
Library - Permit for non-service area residents of $25.00 is being removed.
Finance Department
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AMENDING, IN PART, THE MASTER FEE SCHEDULE, AS AMENDED;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution
No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the
City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions,
and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the "GENERAL FEES" section be amended by deleting the twenty-
five ($25.00) dollar fee charged to non-service area residents for the use of the library.
SECTION 2. That "Solid Waste and Recycling Rate Schedule" be amended by increasing
the current rates as follows:
"SOLID WASTE AND RECYCLING RATE SCHEDULE
Residential Rate Schedule
Residential Rate, twice weekly trash,
once weekly recycling $ 11.13
Senior Citizen Rate, twice weekly trash,
once weekly recycling $ 10.02"
1 39732
Commercial Rate Schedule
Comainer FREQUENCY PER WEEK
Size 1 2 3 4 5 6 EXTRA
3 $ 72.79 $120.61 $160.77 $204.34 $249.82 $295.87 $ 24.12
4 $ 89.34 $174.03 $238.60 $307.95 $373.06 $447.71 $ 32.75
6 $108.62 $185.80 $267.69 $347.21 $418.41 $493.97 $ 34.84
8 $137.61 $234.68 $330.77 $419.72 $514.46 $609.43 $ 46.79
Redelivery for Non-Paymem
$ 36.52
Commercial Hand Pick-Up
$ 20.44
Compact Roll-Off, Waste Management Billed
Delivery Fee $ 68.12
Rental Per Month $331.37
Charge Per Pull 30 Yard 34 Yard 42 Yard
$ 283.06 $ 296.53 $ 331.37"
SECTION 3. That Chapter 3, Coppell City Code, of the Master Fee Schedule is hereby
amended by increasing the rates for Temporary Roll-OffPricing as follows:
"Sec. 3-5-11, Roll-Off Containers
20 Yard 30 Yard 40 Yard Special Waste
Haul
Monthly Rental $131.72 $131.72 $131.72 $131.72
Delivery Fee(each) $ 48.99 $ 48.99 $ 48.99 $ 48.99
Cost per pull $195.51 $ 223.92 $ 284.10 $166.38
Liner (Special Waste) $ 41.04 $ 41.04 $ 41.04 $ 41.04
Disposal Cost included included included t.b.d, upon
type of waste"
SECTION 4. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain
in full force and effect.
2 39732
SECTION 5. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution
as a whole, or any part or provision thereof other than the part so decided to be unconstitutional,
illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 6. That this Resolution shall take effect immediately t~om and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
ROBERT E. H~G~CITY ATTORNEY
(REH/cdb 3/13/01)
LIBBY BALL, CITY SECRETARY
3 39732
CITY COUNCIL MEETING: March 27, 2001 ITEM #
ITEM CAPTION:
Consider Approval of a Change Order to the Dean Construction Comract for the Phase 2 Development of Wagon
Wheel Park, to trench and install conduit for Electrical Service along State Road, in the amount of $36,700.00, and
authorizing the President of the CRDC to sign.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
See Attached
BUDGET AMT. $
FINANCIAL COMMENTS:
Funds are available
AMT. EST. $
in the CRDC Special Revenue Fund
+X-BID $
for this change order.
DIR. INITIALS: A/~~' FIN. REVIEW:~
CITY MANAGER REVIEW:
r~w,~,mont Mnme' ^~q3~fohnoo
T H ir , (: I T Y 0 F'
PARKS AND LEISURE SERVICES DEPARTMENT
COPPELL CITY COUNCIL
AGENDA ITEM
Date: March 19, 2001
To: Mayor and City Council
From: Gary Sims, Director
Agenda Item: Consider Approval ora Change Order to the Dean Construction Contract
for the Construction of Wagon Wheel Park, Phase II, to allow the installation of trenching
and conduit for the Primary Electrical Service along State Road, in an amount not to
exceed $36,700.00, and authorizing the President of the CRDC to sign.
Background:
The Parks and Leisure Services Department has been working toward supplying power to
Wagon Wheel Park for many months. The property owners to the south of the park have
been very slow to agree to granting easements through their property for this power
supply. TXU has now finalized the design of the power service for the park and has
indicated that conduit will be necessary along State Road in order to supply this power.
Dean Construction has given a price to perform this work of $36,700.00. This Change
Order will give the opportunity to provide underground power to three transformers at the
park, creating a situation where the entire park will be electrically serviced underground.
Council Action requested:
Consideration of Award of the proposed Change Order for $36,700.00, bringing the total
contract amount to $4,941,347.00.
Staff Recommendation:
Approval of this proposed Change Order
BR
CHANGE
ORDER
,11.4 I)( )~ '! '3Il-.\'~
IFil
PR().]E(71': Wagon Wheel Park Phase II
(TI;III]C, :lddrcs,s~ 324 State Road
CopDell, Tx.
T(. ) C()NTRACT()R:
(name. addrcsM Dean Electric, Inc. dba
Dean Construction
701 Hall St.
~iII:\Nt;F ~ ~1{I)1{1{ NI'MIH(I{: 1
I)ATE: March 6, 2001
A1{(:111'1'I(~71"5 PR~).IE(71' N():
( ~t)~TR..Xt 71' D.VI'E: 11/1/00
~()~'IRA( I' I:~)R Park Construction
Thc (.iol~lrac'~ is ch:raged :is tk)llows:
Install conduit for primary electrical service per drawings
provided by TXU
Sheet E-1
TXU Sheets DDS-4 15 of 42
2 of 42
38 of 42
$36,700.00
Not valid until signed by the Owner, Architect and Contractor.
Thc original (Contract Sum)(('4:~$I¢~1v4~-~) ,x:e~ . S
Ncr change by previously authorized Change Orders S
Thc (Contract Sum) (~ff~~~rior t~ this Change t)rdcr xv:,s S
Thc ((Mntract Sum) (~~) xx'ill bc (incruascctl
~~) by this Change Order in thc amount (~1'
Thc new (Comract Sum) ( ' ~ ' ' ) including Hlis CI1;ulgc ( )rdcr xx ill bc
Thc Contract Time will bc (i~g~~x~) (unch;tngcd) by
Thc date ()f Substantial C<,n~plcH~)n as ()f thc date ~)f this (]/angc- ()rdcr tJlcrc'l'~)ru :~
4,904,647.00
4,904,647.00
36,700.00
4,941,347.00
( :q Hlq FLit'Ill Iit ( h;lll,~t' [ )l('cl tivl'
_S_c_hriek~e_l_ R__ol~l~in_~ & A_ss_o_c.____I~nc~_.
,\}{( .I IH E( .'1
1161 Corporate Drlve West #~00
Jdrc',~
Arl_i__ngton_~ Texap , 76906 . _
IL\II( .._ ~ .
~q ~l.~._!~c_..__dl~..~. Dean Con~r. _Cit3_ofCo~Dell ........
701 Hall St. PO Box 478
\ddlV~
Cedar ~i!l,_Tx.~7~lO~ Coppell, Tx. 75019
I~\ll l>\'ll
CAUTION: You should sign an original AIA documenl which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AIA DOCUMENT G701 ' ~ tl?,>;I,I l)l(l?ll{ ' IwW' II)lll~x, ' M.-'C · I','~-
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WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution
T H ~' C I T Y 0 F
C OPP-EL£
AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-94R, SF-9, zoning change request to amend PD-94, SF-9 (Planned
Development-94, Single Family-9) to PD94R, SF9 (Planning Development-94R, single family-9) to allow an
expansion of the existing home into the required eight (8) foot side yard, on approximately 0.8 of an acre of
property located at 637 Swan Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: February 15, 2001
Decision of P&Z Commission: Approved (6-0) with Commissioners McGahey, McCaffrey, Halsey, Clark,
Kittrell and Stewart voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
DIR. INITIALS: _~.~'' FIN. REVIEW: ~
Agenda Request Form - Revised $/00
CITY MANAGER REVIEW:
Document Name: ~PD94RSwan
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: PD 94R-SF-9
Amend PD to allow an expansion
into the required side yard
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
APPLICANT:
February 15, 2001
March 6, 2001
637 Swan Drive, south of Bethel School Road
Approximately 0.8 of an acre of property
PD-94, SF-9 (Planned Development -94, Single Family-9)
To amend the development regulations on thi.~ lot to allow for an
expansion of the single family home into the required side yard.
Lester and Bridgett Bell
637 Swan Drive
Coppell, Texas 75019
972-393-7033
FAX: 972-304-9544
HISTORY:
TRANSPORTATION:
This property was zoned PD94, SF-9 in 1985. The development of
this area is in conformance, and/or exceeds, the SF-9 requirements.
Conditions were also included in the PD allowing for no alleys
adjacent to lots with a mininaum of 12,000 square feet, a variety of
lot sizes, and to provide that the ~drainage ways remain in open
natural conditions, to eliminate destruction of exiting trees". This
area was subsequently platted as Northlake Woodlands East, Phase
6.
Bethel School Road is two lane collector street (C2U), built within
a 60' R.O.W. Swan Drive is a residential street, built within a 50'
R.O.W.
Item # 6
SURROUNDING LAND USE & ZONING:
North- single family; PD 94, SF-9
South -undeveloped, flood plain/park land; SF-12
East - undeveloped, drainage area; PD 94, SF-9
West -single family; PD 94, SF-9
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
medium density (four to eight dwelling units per acre)
single family residential.
DISCUSSION:
The applicant desires to construct a two-story addition to their existing
home. The first floor is proposed to be the garage and the second story is
designated as a storage area. The existing garage is proposed to be
converted to a family room which will over look the pool scheduled to be
constructed in the back yard. This property is zoned PD 94, sF-9, which
requires a minimum side yard of eight feet. The applicant's original
request was to provide a "0' setback due to the adjacency to the park/
flood plain/drainage area to the east and the existing topography
constraints of the property. The applicant has been maintaining and
utilizing this open space area as essentially an extension of their property.
Staff expressed concern that a "0' foot setback is unacceptable due to the
lack of property hardship as well as a potential for setting precedent for
future variance requests. Therefore, several alternatives were presented to
the applicant which reduced or eliminated the need for this encroachment
into the designated side yard.
As a compromise, the current request is for a reduction of the side yard
setback by 6 feet, to allow this addition to be constructed 2 feet from the
east property line. Staff can support this request due to the adjacency of
permanent open space (park/drainage/flood plan) and the provision of 2
feet of setback to allow for maintenance of the east wall of the addition
without requiring access to the city owned property. As illustrated in the
attached elevations and rendering, the materials used for this addition will
be the same as the existing structure, and therefore should not negatively
impact the appearance of this home from either Swan Drive or Bethel
School Road.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this amendment to PD 94, SF-9.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
Item # 6
ATTACHMENTS:
1)
2)
3)
4)
Rendering
Site Plan/Floor Plan
Elevations - East and North (partial)
Elevations - South and West
Item # 6
T H I~' C I T Y 0 F
COPP-ELL AGENDA REQUEST FORM
a ~ , CITY COUNCIL MEETING: March 27, 2001 ITEM # q
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-94R, SF-9, zoning change request to amend PD-94, SF-9
(Planned Development-94, Single Family-9) to PD94R, SF9 (Planning Development-94R, single family-9) to
allow an expansion of the existing home into the required eight (8) foot side yard, on approximately 0.8 of an
acre of property located at 637 Swan Drive, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: February 15, 2001
Decision of P&Z Commission: Approved (6-0) with Commissioners McGahey, McCaffrey, Halsey, Clark,
Kittrell and Stewart voting in favor. None opposed.
On March 27, 2001, Council considered this zoning change.
Approval is recommended, with no conditions.
Staff recommends approval.
DIR. INITIALS: ~'
Agenda Request Form - Revised 5/00
FIN. REVIEW:
CITY MANAGER REVIEW:
Document Name: @PD94RSwan
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "PD-94-SF-9" (PLANNED
DEVELOPMENT-94, SINGLE FAMILY-9) TO "PD-94R-SF-9" (PLANNED
DEVELOPMENT-94 REVISED, SINGLE FAMILY-9) FOR THE
PROPERTY LOCATED AT 637 SWAN DRIVE, AND BEING MORE
PARTICULALY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR AN AMENDMENT TO THE DEVELOPMENT
CONDITIONS BY PERMITTING AN EXPANSION OF A SINGLE
FAMILY HOME INTO THE REQUIRED SIDE YARD; PROVIDING FOR
A SITE PLAN/FLOOR PLAN, RENDERING, AND ELEVATION PLANS,
ATTACHED HERETO AS EXHIBITS "B", "C", "D-I" AND "D-2",
RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-94R-SF-
9 should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by amending Ordinance No. 297-A-14 granting PD-94-SF-9 to
"PD-94R-SF-9" (Planned Development-94 Revised, Single Family-9) for the property described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
1
39436
SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions set forth and as further conditions, the Site Plan/Floor Plan,
Rendering, and Elevation Plans, attached hereto and incorporated herein as Exhibits "B", "C", "D-
1" and "D-2", respectively:
A. A minimtun side yard setback of two (2) feet is permitted along the east property
line as depicted on the exhibits attached hereto.
SECTION 3. That the Site Plan/Floor Plan, Rendering, and Elevation Plans, attached
hereto and incorporated herein as Exhibits "B", "C", "D-I" and "D-2", respectively, and made a
part hereof for all purposes, is hereby, approved; that all previous terms and conditions as set forth
in PD 94 are hereby republished and confirmed except as amended herein; in the event of any
conflict of conditions, those conditions provided therein shall prevail.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Orrlinanee of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
2 39436
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately fi:om and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day
of ., 2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
RAPP~oBERT E. HAGER~TY ATTORNEY
(REH/cdb 03/16/2001)
LIBBY BALL, CITY SECRETARY
3 39436
637 Swan Drive
Coppell, Texas
Lot 10, Block G of
Northlake Woodlands East, Phase 6
EXHIBIT 'A'
~rRTBIT "B"
T H I~ · C I T Y 0 F
C-OPP- L£ AGENDA RFQUEST FORM
~ ~ , · CI~ CO,Cra ~ET~G: M~ch 27, 2001 ITEM g /~
ITEM CAPTION:
PUBLIC HEARING
Consider approval of Zoning Text Amendment to Section 34-2-12(E) Protected Tree replacement to lengthen
the time limit currently permitted for the planting of replacement trees from a three-month extension to. a six-
month extension.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On February 15, 2001, the Planning Commission unanimously approved this Zoning Text Amendment (6-0).
Staff recommends approval.
DIR. INITIALS: _~.., FIN. REVIEW(~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: @TASect34-2-12(E)
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Text Amendment-Section 34-2-12(E)
Protected Tree Replacement
P & Z HEARING DATE:
C.C. HEARING DATE:
February 15, 2000
March 6, 2000
REQUEST:
Zoning Text Amendment to Section 34-2-12(E) Protected Tree
replacement to lengthen the time limit currently permitted for the
planting of replacement trees from a three-month extension to a
six-month extension.
SECTION: 34-2-12 E.
"Except for one (1) $, 6 -month extension approved by the City
Manager or his designee, due only to seasonal limitations that
would make planting of trees impractical and require an escrow
deposit in an amount equal to 110% of the estimated cost of tree
planting, no Certificate of Occupancy will be issued for any
building or structure on the development or construction site until
all required tree replacement and/or monetary reparation has been
made in full.
DISCUSSION:
Currently, there is an inconsistency in the provisions of the
Landscape Ordinance as it relates to the timing of the installation
of trees and landscaping. As stated above, the City may grant a
three (3) month extension for the planting of replacement trees, in
the Protected Tree section of the Ordinance, due to seasonal
considerations. Section 34-1-4 Permits, of the Landscape
Ordinance, allows a developer to request a six (6) month
extension for all landscaping, including tree plantings, due to
seasonal considerations at the time that the Certificate of
Occupancy is issued. Therefore, to achieve consistency within
the Landscape Ordinance, as well as to recognize the practical
implications of droughts and watering restrictions, staff is
supportive of this revision to Section 34-2-12(E) of the Landscape
Ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the proposed text amendment to Section 34-2-
12(E) to allow for one (1) six-month extension for the planting of replacement
Item # 10
F
-OPP LL AGENDA REQUEST FORM
CITY CO.Cra ~E~G: M~ch 27, 2001 ITEM ~
ITEM CAPTION:
Consider approval of an ordinance for Case No. PD-157R6, Valley Ranch Plaza, zoning change request for
property zoned PD-157RS-C (Planned Development, Commercial) by amending the planned development
conditions to permit the enclosure of the McDonald's Playplace and to reduce the building size in Phase II
from 10,000 square feet to 8,000 square feet for property located at the southwest corner of E. Belfline Road
and S. MacArthur Boulevard, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On October 21, 1999 the Planning Commission unanimously approved this zoning change request (6-0).
On November 9, 1999, City Council approved this zoning change request (6-1) with Mayor Pro Tem Tunnell
and Council members Garcia, Peters, Keenen, Stover and York voting in favor, and Councilmember Wheeler
voting against the motion.
Staff recommends approval.
DIR. INITIALS: ~'
Agenda Request Form - Revised 5/00
FIN. REVIEW:~J~
CITY MANAGER REVIEW:
Document Name: @PD 15 7R6o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "PD-C" (PLANNED
DEVELOPMENT, COMMERCIAL) TO "PD-C" AMENDED (PLANNED
DEVELOPMENT, COMMERCIAL, AMENDED) FOR THE PROPERTY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
AN AMENDMENT TO THE DEVELOPMENT CONDITIONS BY
PERMITTING THE ENCLOSURE OF THE MCDONALD'S AND
REDUCING THE BUILDING SIZE IN PHASE H FROM 10,000 SQ. FY. TO
8,000 SQ. FT.; PROVIDING FOR AN AMENDED FLOOR PLAN FOR
MCDONALDS. AMENDED ELEVATIONS FOR MCDONALD'S, AND
REVISED SITE PLAN, LANDSCAPE PLAN, AND BUILDING
ELEVATIONS FOR PHASE H, ATTACHED HERETO AS EXHIBITS "B",
"C", "D", "E" AND 'F' RESPECTIVELY; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that'Zoning Application No. PD-157R6
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning t~om "PD-C" (Planned Development,
1 31544
Commercial) to "PD-C Amended" (Planned Development, Commercial, Amended) for the
property described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions set forth and as further conditions, the amended Floor Plan and
Elevations for McDonald's and revised Site Plan, Landscape Plan, and Building Elevations for
Phase II, attached hereto and incorporated herein as Exhibits "B", "C", "D" "E" and "F",
The landscape planting island to be located at the north end of the nine (9) parking
spaces closest to the eastern elevation of the McDonald's building is waived.
B. All roadway impact fees due as a result of the amended and altered space shall be
paid.
C. Samples of the color board containing all exteriorbuilding materials must be
approved prior to construction.
D. TXU facilities shall be prohibited from the enclosure.
SECTION 3. That the amended Floor Plan and Elevations for McDonald's and revised
Site Plan, Landscape Plan, and Building Elevations for Phase II, attached hereto and incorporated
herein as Exhibits "B", "C", "D", "E" and "F" respectively, and made a part hereof for all
purposes, is hereby, approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
2 31544
respectively:
A.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day
of ~ 2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
3
31544
(REH/cdb 03/12/2001)
31544
O~$ CERTIRCATE
STATE OF I~XAS
COUNTY OF DALLAS
'C~7Y OF (Xilqam~
!~HEREAS, BMtline,/MecArthur, JcWtt Ve~ture il the o~mer of a troct of I~nd Mtu~ed in the ~N(A_r~
THOMPSON SU~Y. Abetroct I~. 14~1. Do#aa County, Texaa and being MI of Perle B. C
ond O of the REPLAT OF VALLEY RANCH PLAZA-PADS B THROUGH I o~ ree, MxMd I~ Vokame
Pq. 2937 of O.d co..t . T..o. o.,, b. g MI of
¥~,ry RANCH Pt. AZA PADS 'E' THROUGH 'O"
Po(M E (md F of REPLAT OF A
REPt. AT
!oe recorded in Volume 92126, Poge 3239 (DM)CT) ond MI of FINAL PLAT OF VALLEY RANCH
PLAZA - TRACT A oe recorded in VokJme 8e035, Poge 1671 (DJK)CT) ond I)Mng more
porticulorly dem:tl~ed M fMi(wm:
BEOIMING ot o 5/8 inch iron rod found at the intirlection of the ~eetedy Ikte of
MooARTHUI~ B(XJI. EVM~ (o 100 foot rtght-of-woy) ond the ioutherly line of BELT UNE
ROAD (o 120 foot rkjht-of-~oy):
THENCE South 00'10'00' Mt. ;dong the weet_e~l~ line of ~oid MocARTHUR
BOULEVARD. a all.fence of 480.2~ feet to ~n 'X' In concrete
THENCE North 89~O'00'
BOULEVARD. o distonce
THENCE South 72~8'41'
THENCE North 89'50'00'
THENCE North 00'10'00'
Mt, lioving the weeterly line of I~id M~cARTHUR
of 199.74 feet to o 1/2 inch iron rod eet;
Wool o dlltonce of 129.22 feet to o 1/2 inch Iron rod let;
Mt, o dlstonce of 77.38 feet to o 1/2 inch iron rod set;
Eoet. o d~ltonce of 451.67 feet to o 1/2 inch iron rod found;
THENC~ North 00'01'27' Eost, o dlstonce of 97.43 feet to o 1/2 inch iron rod found in
the ,outherly line of ~id BELT UN£ ROAD;
THENCE South 85'42'35' E~t. =long the ~outherly line of ~oid BELT UNE ROAD. o
distonce of 401.29 feet to the POINT OF BEGINNING;
CONTAINING ~in thele metes end bounds 4.670 ocre~ or 203.436 equm's feet of k;nd.
more or le~,.
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T H ir . C I T Y 0 F
OPi ELL ^O ND^ REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Case No. PD-114R, zoning change request from PD-114-SF-7 (Planned
Development-114, Single Family-7) and SF-12 (Single Family-12) to PD-114R (Planned Development-114R,
Residential/Rest Home/Nursing Home), to allow the development of a Retirement Community on
approximately 50.17 acres of property located along the south side of Sandy Lake Road, 1200' east of
MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: February 15, 2001
Decision of P&Z Commission: Approved (6-0) with Commissioners McGahey, McCaffrey, Halsey, Clark,
Kittrell and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1. The City and applicant agree to moving the ground storage facility to the location shown on the site plan. (This
condition is currently being pursued by both parties.)
2. Star Leaf Street be extended to Sandy Lake Road subsequent to the land swap between the applicant and the
City, and to be opened before any CO is issued for Phase Two Development. (We -~,4~-~+"~,4 you h
+^ +h: .... ,4:.:~ x (See Applicant's letter of February 19th.)
3. Turn around at each entrance be designed so a vehicle can maneuver around the opening and re-enter the
traveled lane without any back up movements., ou ...... r~ ......................................
W:,4,h ^c,u .............. · ...... ,~. ,h~ a 2A ch^, ...:,4,h ~ Condition Met
co--,4;*;^- ~ Condition Met
5. Provide at least one parking space for each unit constructed in this development. (You h ......... a
h~.~'.~ ~ (See Applicant's letter of February 19th.)
9. Reduce overall density by 25-30 units. See Applicant's letter of February 19th.
~ Condition Met
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: ~PD114R
T H E · C I T Y · 0 F
COPi Ei L AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM #
11. Provide a detailed site plan based upon Planning Commission's remarks relative to landscaping, for the
water body running parallel to Sandy Lake Road. (See Applicant's letter of February 19th.)
12. Change building materials from stucco and stone to brick and stone and revise the brick color to a
darker tone.
13. Abide by Departmental comments. (Engineering and Leisure Services).
14. Payment of the $1285/du parkland acquisition fee. (See Applicant's letter of February 19th.)
~PDll4R page 2 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-114R, ST. JOSEPH VILLAGE
Note: The Planning Commission heard thi~ case on January 18, 2001 and continued it to
February 15, 2001. The following commentary (shown in bold type) is additional information
not presented at the January hearing.
P & Z HEAflLING DATE:
C.C. HEARING DATE:
January 18, 2001 (Continued by Planning Commission until
February 15, 2001)
February 13, 2001 (To be rescheduled after Commission action,
possibly March 6, 2001)
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
Along the south side of Sandy Lake Road, 1,200 feet east of MacArthur
Boulevard.
Approximately 50.17 acres of which 13.48 acres is in flood plain and 2
acres is a public water storage facility.
PD-114-SF-7 (Planned Development-114, Single Family-7), and SF-12.
PD-114R (Planned Development-114R, Residential/RestHome/Nursing
Home) to include 449 units (75 cottages, 260 retiremem units,. 78 assisted
living units, 36 skilled nursing units) and a chapel. (Revised plans show
439 units with 250 vs. 260 original retirement units).
APPLICANT:
Aguirre Corp.
HISTORY:
St. Joseph Village, Inc.
Architect:
c/o Monsignor Killian Broderick
180 Samuel Blvd.
Coppell, Texas, 75019
(972) 241-1272 (Joe Dingman)
Fax (972) 241-1214
Jim Phillips
12700 Park Central, 15t~ Floor
Dallas, Texas
(972) 789-2645
Fax (972) 788-1583
This property was rezoned from MF-1 to PD SF-7 in 1990. The ordinance
approving the zoning change did not reach Council until February of 1992.
On that date City Council denied passage of the ordinance, but on March 10
reconsidered the case and passed the zoning. At that time 139 single-family
Item g4
residences were proposed on 48 acres of this parcel. That development did
not occur, and today the property remains vacant. (This case was
continued from January 18 until February 15 because Planning
Commission requested the applicant address several issues not covered
in the January public hearing)
TRANSPORTATION:
Sandy Lake Road is proposed to be a C4D/6 4 lane divided roadway,
contained within a 110 foot right of way. Star Leaf is proposed to be 33 feet
wide through this area within a 55 foot right of way.
SURROUNDING LAND USE & ZONING:
North- scattered single family housing and vacant land; SF-12
South - MacArthur Park and vacant; LI, O and SF-7
East - TXU easements and single-family residences; A and SF-7
West - church, school, townhouses, multi-family and shopping center; SF-7,
PD-97R, MF-2, PD-182 TH
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for residential
medium density (4-12 units per acre) single family uses.
DISCUSSION:
There are a number of observations to be made regarding this request. On the one
hand, we are very supportive of what is proposed here in terms of land use. On
the other hand, circulation, parking, and density as related to the overall nature of
the proposed use generates some concerns that must be addressed if we are to
achieve the highest and best use for this property. In addition, the relationship of
this project to the development around it relative to scale, intensity of
development, compatibility of architectural style/building material, and provision
of ancillary uses must be addressed if this project is to result in a positive addition
to the community.
Site Plan
The overall site plan proposes 449 units; 197 being constructed in Phase One, 252
in Phase Two. A mix of residential types ranging from 39 attached single-family
residences, 48 assisted living, 110 retirement living apartments and an 8,400
square foot chapel are proposed in Phase One (see Exhibit SD-8). Phase Two will
consist of 36 cottages, 30 assisted living, 150 retirement living, and 36 skilled
nursing units resulting in the 449 dwellings specified above. (The revised mix is
439 units with 140 vs. 150 retirement units in Phase Two)
Item
The cottages are attached, 2 bedroom, 2 bath, one car garage units at a minimum.
Several have two car garages and 2 and one-half baths. They are showing 20 foot
rather than 25 foot front yard setbacks for the cottages, citing a "more cozy
feeling" as a reason for the reduction. Although debatable, and a greater setback
could assist in addressing the parking issue (see below) this is not a major fallacy
of the plan. They are all one story, typically marketed to the healthy elderly in an
average age bracket between 77 and 82. The assisted living product is composed
of studio, one bedroom and companion apartment units directed to the more frail
elderly (average ages 80-85). The l l0 retirement living units are l, 2, and 3
bedroom products in an apartment building targeting the same age bracket as the
cottages. There is also a skilled nursing element composed of 36 units targeted to
bed-ridden patients that would be built during Phase Two construction.
The project is proposed to be secured with a 6 foot high brick/stone/stucco fence
surrounding the property. Entry to the complex would be by a security device
(card, key, punch pad, etc.) and services to be provided include dining, health,
housekeeping, laundry, maintenance, ground keeping and a host of other senior
living requirements. There is an abundance of open space to encourage walking,
and a 8,400 square foot chapel for worship. Finally, they are showing a statue/sign
on sheet SD-7 that needs more detail before we can address any concerns with that
proposal.
Because of the complexity of this request, and the impact it can have on the
community, we have divided our analysis into a series of component parts listed
below.
Land Use
The proposed residential housing, rest home and nursing facility is classified as a
residential use, and as such, is compatible~from a land use perspective---with the
Comprehensive Master Plan. As indicated under the HISTORY section of this
report, the existing use for 139 dwelling units is currently in compliance with the
Master Plan also. A major difference is, of course, the intensity of development as
well as the different uses now proposed. We go from single-family detached units
on individually platted lots, to four different housing types, all units are attached,
a four-story element has been introduced into the equation, and a chapel of some
significance has been added. In effect, a more "commercial" development will
result with the granting of this proposal.
In addition, and also related to land use is the potential "swapping" of land
between the City and St. Joseph's. The municipality cun'ently has a ground
storage facility located on 2 acres of land immediately south of Sandy Lake Road,
adjacent to this request and the TXU easement on the east side of this proposal.
We are currently negotiating with St. Joseph's to move our storage facility to the
Item ~4
south side of their property, thus allowing them more public exposure along
Sandy Lake Road and removing the City's facility to the interior of this property.
Circulation
Movement of traffic into this project and between MaeArthur Blvd. and Sandy
Lake Road will be accommodated by the extension of Star Leaf Street between
these two major arteries. As shown, Star Leaf is projected to be a 33 foot wide
street contained within a 55 foot r.o.w. Initially, Star Leaf will end short of Sandy
Lake Road as the City and the applicant work out a land swap to physically move
our ground storage facility to an area south of this development (see comments
under Land Use section of this report). Once the land exchange has been
accomplished, Star Leaf can be extended to Sandy .Lake and that will be
accomplished in Phase Two of this plan. As an aside, the City of Irving has a 54
inch water line located in the Phase Two development area. It goes without
saying that no structure can be built over that easement and Phase Two
development must honor that prohibition.
Being a secured development, two entry gates are shown on the St. Joseph's site
plan allowing access into the project only by a security device. The applicant was
cautioned that security gates needed to be located so the stacking of vehicles
waiting to enter the development would not obstruct the movement of traffic on
dedicated streets. Also, turn-around areas need to be provided at each secured
entrance so vehicles which erroneously enter these areas can return to the street
with a minimum of delay, movement, and inconvenience. Staff has suggested a
turn around at each entrance be designed so that a vehicle can maneuver around
the opening and re-enter the traveled lane without any backing-up or reverse
movements. (See additional staff comments in Recommendations Section).
Parkin~
Of concern to staff is the number of parking spaces being shown on the submitted
plan. If this were a typical apartment project, something in excess of 1184
parking spaces would be required by code. This submittal is suggesting 311
spaces. Although the applicant justifies his parking figure on sheet SD-I, we are
concerned that 311 spaces will not be sufficient. Staff is not suggesting that the
entire 1184 code required spaces be provided, and (to a degree) we accept that a
retirement community has a lesser demand for parking. However, on personal
observation of a project this applicant asked us to observe in St. Louis, MO., it
was our assessment that not enough parking was being provided. In the ease
before you, the applicant has suggested increasing the St. Louis parking by 15%--
to the 311 space total--but we are uncomfortable with that figure. If 449 units are
to be built here, it just makes sense that at least one parking space for each unit be
provided. We accept the fact that as residents age, less driving (and subsequently
Item g4
demand for parking) results. However, with a chapel, 24 hour staffing for
portions of this facility, guests, relatives and family visiting at various times, and a
dining area which promotes visitors, the one space per unit is a good guideline.
Also to be considered is what happens to this project if it fails as proposed? Does
it revert to a general apartment project? And if so, how do we accommodate
parking at that time? (See Recommendations Section)
The plan proposes a 46 space parking lot on the ease side of the extension of Star
Leaf Street. The parking lot is shown to be in flood plain. This remote parking
would be allowed provided no change to existing grades in the flood plain are
made. A complication to providing this lot is the fact that the Zoning Ordinance
requires all parking lots to be landscaped. Running counter to that requirement is
the fact that our flood plain standards suggest no planting of landscape material in
that same area. Sooo, the applicant is faced with a "Catch 22" situation. It would
be our suggestion that landscaping be included on the applicant's plan (to conform
to the Zoning requirements) and if not allowed, a special condition of the PD
could eliminate it. (The applicant has provided additional landscaping as
shown on Attachment #5.)
Although not generally required in a residential project, the intensity of this
development should warrant at least one loading space, typically 15 by 30 feet.
Because dining service will be provided to residents, and, we understand residents
will use their own furniture, loading spaces would seem a necessity for food,
furniture, and other delivery items. (Note: Not shown on revised plan, but
agreed to by applicant).
The proposal also shows a stamped concrete entry way from Sandy Lake Road.
Although stamped concrete can be provided on private property, brick pavers are
required within the public right of way as provided in the Streetscape Plan. The
applicant is aware of this condition and agrees to this requirement.
Densi~
In addition to our parking concern is the density of this project. Today 139 units
have been approved for this property. There are 449 units proposed here. That is
over three times what is currently allowed. This increase in density coupled with
older citizens living in a four story building give us pause to question whether
such a living environment promotes the health and safety of residents. By
lowering the building to three stories, and a subsequent reduction in density,
parking requirements fall, and our concern with seniors living in mid-rise
buildings is diminished. A reduction of 25-30 units could be accomplished by
lowering the height of the buildings. (See Recommendations Section)
Landsca~inR
Item g4
For the most part, the landscaping plan meets our requirements. There is no tree
retribution required as ail trees on-site are unprotected varieties. The applicant is
providing over 1400 eaiiper inches of new trees as the project develops, aiong
with grass, shrubs and seasonal color.
We will not accept the 13 acres of floodplain as City owned open space (labeled
"linear park" on the east side of the development), so a property owners
association established to sustain plant materiai on the main site will need to
maintain this land area aiso. As indicated by the attached memo from Leisure
Services, we would be interested in a 20 foot easement running north-south
through this property for future consideration as a hike/bike trail. (The revised
plan, Sheet SD-2, includes this easement).
Although the plan shows an area south of and adjacent to Sandy Lake Road being
utilized as a water body, more information is needed regarding its finished
appearance. For example, is this a concrete lined channel? Does it contain any
water features such as waterfails or fountains? Because Sandy Lake Road is a
primary image zone, it is very important that development of the water body
complement this project and the city at large. (See Recommendations Section).
Buildin~
Perhaps the major difficulty staff has with this project is the scaie, massing,
height, and materials proposed to build this complex. There is not another four
story residential building in the City of Coppell. Not only do we feel the four
story structure is out of scale with the overail community, a potential safety issue
further troubles us if fire were to occur in this building, particularly with the
difficulty of removing older residents from the upper levels of the building. By
decreasing height, scale and massing of the project would be favorably affected.
In addition to reducing the size of the retirement and assisted living building, the
overall complex would be more compatible with the surrounding community. As
an added benefit of reducing the height of this structure, density would be
reduced, and parking requirements suggested by staff would be lowered. Another
benefit of height reduction would result in the chapel being the tallest building on
site, thus becoming a more dominant feature of the overall development.
We commend the architect for the detail shown in the building elevations, and
particularly the wail and parking structure screening elements. The cottage design
is well done and the two and three story buildings have a certain degree of design
compatibility. Our major criticism relates to building materiais chosen to express
the design.
At the outset of our discussion with this applicant several months ago, staff made
it very clear a stucco and mission-type building matefiais list was not encouraged
Item tt4
in Coppell. Indeed, when staff visited St. Louis, the Cape Albeon project (the one
the applicant has used for parking comparisons on exhibit SD-l) proved to be a
wood frame project, which of course is not allowed in Coppell. The second site
we visited was a wonderful design of 100% masonry, reflected true old world
architecture, included underground parking, a dark red brick color pallet, nice
details everywhere even including chimney design and was just a first class
proposal. Our tour guides repeatedly stated that the Coppell project would more
closely emulate the second site. What we have here however, is a stucco product
that is not typically allowed in Coppell, mission-type building materials for an
area of Texas that was not influenced by the missions of South Texas/Mexico and
a massing of buildings which will have a great influence on the architectural
impressions of this City. Having noted staff concerns, the first submission of
application drawings had an alternative materials list that included brick in place
of the stucco product. Although staff commented that the brick was a bit light
colored based upon community standards, nonetheless it was included. When the
second submittal arrived, however, the alternate had been removed from
consideration. It is staff opinion that the brick and stone faqade is far superior to
the stucco-type building now being proposed. In addition, if the proposed stucco
type finish is not true stucco additional problems regarding maintenance,
appearance and quality of construction will result. With such a massive
development located along one of our most heavily traveled thoroughfares,
coupled with the fact that Sandy Lake Road is a primary image zone, the applicant
needs to seriously re-evaluate his building material choice.
After the January public hearing, the applicant redesigned this project at the
suggestion of the Planning Commission. The majority of stucco building
material has been replaced by brick, the remainder with EFIS, and the
mission-type style has been slightly modified. Of continuing concern to staff
is the light colored brick chosen for this project, and the final design
modifications to the buildings, A preliminary concept (see Attachment
appears more in line with the Commission's suggestions, and we continue to
be concerned with the "hot" appenrnnce of the light colored brick, especially
with the height and massiveness of this proposal.
As indicated under the History section of this report, Planning Commission
continued this case until the February hearing to allow the applicant to
address several issues needing clarification (see attached letter to Monsignor
Broderick dated January 19, 2001). Those issues included density, building
materials (as indicated above), landscaping, maneuvering of vehicles at the
entrance gates, and height, among others.
Revised drawings have been submitted, and our additional comments are
based upon conditions still needing to be addressed as well as progress on
those for which some activity has occurred.
Item $/4
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
At introduction of this staff report, we stated a conditional support of this request.
There are several positive elements of this concept; there are some alterations we
feel need to be made to make this an outstanding addition to the fabric of Coppell.
Staff recommends approval of this request with the following conditions:
1. The City and applicant agree to moving the ground storage facility to the
location shown on the site plan. We are enrrently moving forward on
this proposal.
Star Leaf Street be extended to Sandy Lake Road subsequent to the land
swap between the applicant and the City, and to be opened before any CO is
issued for Phase Two development. The applicant agrees to this
condition.
Turn-around at each entrance be designed so a vehicle can maneuver around
the opening and re-enter the traveled lane without any back-up movements.
The main entrance relative to access has been re-designed to the City's
satisfaction. However, the width of this entrance scales at
approximately 40 feet per side. The maximum width of entry/exit ways
is 24 feet in each direction, and a revised exhibit needs to be submitted
before the Council meeting. The secondary entrance along Star Leaf is
satisfactory as shown on the attached 8 ½ by 11 inch drawing
(Attachment g4 and 4').
4. The guard gate along Sandy Lake Road be relocated relative to mm-around
redesign. This condition has been met.
Provide at least one parking space for each unit constructed in this
development. During the January 18th public hearing the applicant
stated parking provided on site (the 311 spaces) did not include garage
parking for the 75 cottages being proposed. In reviewing the original
plans it appears 96 parking spaces will be included with cottage
construction (54 one-garage units, and 21 two-garage units), making a
grand total of 407 parking spaces. This figure needs to be verified by
the applicant as well as stating total parking spaces being provided in
Phase One and Phase Two.
Required landscaping be included in the remote parking lot east of Star Leaf
Street unless deemed unacceptable during flood plain review. Now shown,
see Attachment #5.
Item g4
Provide at least one loading space of 15 by 30 feet. Not dimensioned,
although we understand the applicant will provide this space between
the assisted and retirement living units.
Lower all buildings to a maximum height of 3 stories, not to exceed 50-54
feet. The overall plan now shows a three story building, with the
exception of the chapel (see Revised Sheets 11 and 15). The maximum
height of the residential structures is 55 feet, a reduction from the four-
story height of approximately 5 feet. As a general rule, we define a
story as 12 feet in the Zoning Ordinance with additional height allowed
for roof members. Using that guideline, these are unusually tall three-
story structures. Additional comments from the applicant relative to
the height as it relates to the design of the units and the overall
appearance of this project needs to be pursued at the public meeting.
Reduce overall density by 25-30 units. The applicant has indicated he
has reduced the density by 10 units. This density is over the maximum
outlined in the Comprehensive Master Plan.
10.
The 13 acres labeled "linear park" on the east side of this development be
retained and maintained by the applicant with a 20 foot north-south
hike/bike trail easement provided to the City. Revised sheet SD-2 shows
this easement.
11.
Provide a detailed site plan for the water body running parallel to Sandy
Lake Road. The revised plan (sheets SD-6A and B) shows additional
landscaping along Sandy Lake Road. It also indicates the existing
water body running parallel to Sandy Lake wffi remain in its present
configuration and appearance. Therefore, the rip-wrap and banks of
the drainage area wffi retain their current status.
12.
Change building materials from stucco and stone to brick and stone. The
revisions basically show a brick and stone elevation (see Revised Sheets
SD-II and 15, although 15 may be further refined) with up to 20%
EIFS material and a composition roof. Staff feels the preliminary
redesign (see Attachment tt6) was more in line with what Planning
Commission had suggested, as compared to their final design (also
included on Attachment g6) as shown in more detail on Sheet SD-Il.
The screening fence wffi be brick and stone (see sheet SD-6.1).
13. Provide additional details on the statue/signage shown on sheet SD-7. The
statue/signage no longer shows on the development plans.
14. Abide by Departmental comments. (Engineering and Leisure Services).
Item g4
15.
Payment of the $1285/du parkland acquisition fee. It is our understanding
the applicant is attempting to reach some compromise position
regarding payment of this fee (a proportionate amount, fees based upon
elderly use of park facilities, etc.). Their revised Sheet SD-I suggests a
one-time payment of $125,000 for furniture and fixtures for the Coppell
Senior Center by the time the Center opens (most likely more than five
years away). At any rate, the Planning Commission can not waive this
fee and the fee condition must be forwarded to Council.
Some additional comments are in order. As mentioned above, the applicant has
attempted to address the concerns outlined in the January 19, 2001 letter. Brick has
replaced the majority of the stucco material, and some redesign of the units has
occurred. We are troubled by the brick color. Although EFIS is being used in place
of the 20% non-masonry building material, and we would have preferred a different
material, it is allowed. Revised height data has been provided, although the three
story height seems to be a bit high. Some effort has been made toward "dressing up"
the water body adjacent to Sandy Lake Road, although staff had the impression the
banks of the channel would be addressed also. Some additional detail on how this
area will look after development might be in order. Parking has been increased by
counting the cottage garages. Staff recommends the parking data be broken down by
phase. Our ingress-egress concerns have been addressed with the exception of the
width of driveways along Sandy Lake Road. Those drives need to be reduced in
width to no greater than 24 feet each side.
Finally, and as a general comment, staff can support this proposal provided all the
conditions sited above are complied with.
ALTERNATWES: 1) Recommend approval of the request.
2) Recommend disapproval of the request.
3) Recommend modification of the request.
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS
1)
2)
3)
4)
5)
6)
Departmental Comments
St. Joseph development package (15 sheets including site plan, elevations,
landscape plan, signage, proposed uses, floor plans, some details, etc.) Now 9
sheets.
Letter dated January 19, 2001 to Monsignor Broderick
Copy of revised Star Leaf Street turn around.
Landscaped parking lot
Elevation redesign
Item//4
FILE No. 084 0~/18 '93 19:07 ID:LANIERFAX6SO0 PAGE
February 19, 2001
12700 PARK CENTRAL OR FLOOR t5
DALLAS TEXAS 75251
FAX ~7.~ 788 ~583
PHONE ¢)'~:~ ;'P~I ~q~
Gary Rodan direct dial 972-789-2698
Fax 972-789-9957
GrodenGaguirre.com
City of Coppell
Planning Department
255 Parkway Blvd.
Coppell, TX 75019
Attention: Gary $ieb
Re: Case Ne. PD-114R, St. Joseph Villa
Dear Mr. Slab:
My notes from the Coppell Planning and Zoning Commission meeting on February 15, 2001
indicate that the subject item was approved based on a motion that required the following three
alterations to our submission:
1. Building height not to exceed 54 feet.
2. Additional landscaping (bushes) adjacent to the rip rap in the drainage area on the north
side of the property.
3. A more "muted" brick color be selected.
Your letter of February 16, 2001 to St. Joseph Village, Inc. CIO Monsignor Kilian Brodedck
addresses several issues with whigh our development team is not in full agreement. These issues
are:
ITEM 2: We have agreed to build and dedicate Star Leaf Road from it's current termination
point to a point just south of the city property line as shown on our drawings. After the
proposed land swap and after the city moves its' existing equipment, we will extend Star
Leaf Road to Sandy Lake Road. We understand that a C.O. will not be issued on Phase II
of our project until this extension is complete, However, we believe that delaying the
issuance of a C.O. should only occur if the Star Leaf Road extension is not complete due to
our delay. If the city has not completed the removal of its' equipment, our C.O. should not
be delayed.
ITEM 6: Our submittal shows a total of 407 parking spaces on the site. This total is made
up of 311 spaces for the retirement and assisted living buildings and 96 garages for the
cottages. Based on a total build out of 439 units, this parking ratio far exceeds the norm for
similar facilities across the country. To help alleviate any remaining concerns about this
issue, our development team agreed to provide a "one-to-one' ratio in phase one of the
project. This means that we will provide a total of 197 parking spaces for the 197 units to
be built in Phase I. We have not agreed to · "one-to-one" ratio for the entire site.
Obviously, as responsible business people and members of our community, we would
reconsider our plan prior to beginning the development of Phase II if Phase I parking
exceeds expectations.
FILE No, 084 04/18 '93 19:07 ID:L~NIERF~X6500 PaGE 3
Mr. Gary Sieb
City of Coppell
February 19, 2001
Page 2 of 2
ITEM 9: In their initial repeal, the city planning staff anticipated a reduction of 25-30 units
because we had agreed to reduce the facility from four to three stories. In fact, the height
reduction only resulted in ten fewer units due to a re-alignment of some internal spaces.
Therefore, our submitted total unit count stands at 439 versus the original 449. Maintaining
this count is extremely important to the financial viability of this project. When specifically
asked at the P&Z meeting, we declined to agree to the 25-30 unit reduction.
ITEM 12: After the initial P&Z hearing, we re-designed the facility to try to meet the
commission's desires. The resulting design Is 80% masonry. It appears that this submitted
design change is acceptable, but that the P&Z Commission is still intent on dictating the
brick color. The motion that was approved asked for a more "muted" brick color. We are
evaluating optional bricks at this point.
ITEM 14: We understand that the P&Z Commission does not have the authority to alter the
park land acquisition fee and look forward to addressing our request to the City Council.
Per your direction, I have documented the aforementioned concerns so that you can have a clear
understanding of our position prior to the presentation to the City Council on March 6, 2001. I
believe that our actions to date, from working with city staff to find an alternative water tank site to
agreeing to allow the new force main to be located on our property indicate a willingness to
cooperate with the City. We look forward to working with the City to move this project forward.
Sincerely,
REcorporatlon
President and COO
GDR/Idb
Attachments
h:~aai-proJt1030~0099-00~ata~Clty of Coppell.doc
CC:
Monsignor Killan Broderick
Joseph W. Dingman, Orion Realty Advisors
Bruce Russell, St. Andrews Management Services
Peter Winters, Aguirre
Jim Phillips, Aguirre
CITY COUNCIL MEETING: March 27, 2001 ITEM
ITEM CAPTION:
Ao
Consider approval of appointing Rene' Lawson as a regular member of the Parks and Recreation
Board to fill the unexpired term of Diana Raines which expires October 2002.
Bo
Consider approval of appointing two alternate members of the Parks and Recreation Board, one term
to fill the unexpired term of Lynn Kees which expires October 2001 and one term to fill the unexpired
term of Rene' Lawson which expires October 2002.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT $ A_MT EST $
FINANCIAL COMMENTS: X3'~''
+X-BID $
DIR. INITIALS: ~
Agenda Request Form- Revised 5/00
CITY MANAGER REVIEW:
Document Name: % pafldmaxd, doc
T H E C I T Y · 0 F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM #
ITEM CAPTION:
Consider an ordinance of the City of Coppell, Texas, amending Ordinance No. 98822, as amended,
establishing an infrastructure maintenance fund by amending the amount funded; and authorizing the Mayor
to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $ AMT. EST. $
FINANCIAL COMMENTS: ~3X~'
+X-BID $
DIR. INITIALS: FIN. REVIEV~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: !amend98822
City of Coppell
Walkforward of Fund Balance
IMF Fund - General
As of March 20, 2001
Beginning Fund Balance 10-01-00
Add:
Budgeted Revenues FY 01
Lessl
Budgeted Expenditures FY 01
Projected Fund Balance 09-30-01
1,174,535.97
265,000.00
0.00
1,439,535.97
City of Coppell
Walkforward of Fund Balance
IMF Fund - Water
As of March 20, 2001
Beginning Fund Balance 10-01-00
Add:
Budgeted Revenues FY 01
Less:
Budgeted Expenditures FY 01
Projected Fund Balance 09-30-01
908,049.52
250,000.00
0.00
1,158,049.52
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPEIJ~, TEXAS,
AMENDING ORDINANCE NO. 988211, AS AMIINDED, ESTABLISHING
AN INFRASTRUCTURE MAINTENANCE FUND BY AMENDING THE
AMOUNT FUNDED; PROVIDING A REPEAl.lNG CLAUSE; PROVIDING
A SEVERABIL1TY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 98822, adopted by the City Council on the l0th day of
February, 1998, authorized an amount to be used for the funding of the Infrastructure Maintenance
Fund (IMF); and
WHEREAS, City Council desires to amend the amounts allotted for Infrastructure
Maintenance Fund (IMF),
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Ordinance No. 98822 be and the same are hereby amended to read as
follows:
"Infrastructure Maintenance Fund .(IMF): ..... After completion of each fiscal year audit,
the City Council shall authorize the City Manager to transfer from the annual operating
surpluses, the general fund and the water and sewer fund an appropriate amount to the IMF
provided all required ~und balance requirements are met ..... ."
SECTION 2. That all ordinances of the City of Coppell in conflict with the provisions of
this Ordinance, be, and the same are hereby, repealed and all other provisions of the Ordinances of
the City of Coppell including Ordinance No. 98822 as mended, not in conflict with provisions of
this Ordinance shall remain in fidl force and effect.
SECTION ;1. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Ordinances of the City, as amended hereby, be held to be unconstitutional, illegal or
invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision
Page -1- 39481
thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect
the validity of the Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its passage,
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
APPRO~O FORM:
LIBBY BALL, CITY SECRETARY
Page -2- 3948~
T H E C I T Y . O F
C'OPPEi £ AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM # __~
ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances by amending
Chapter 1 to add Article 1-15 to provide for an annual Homestead Exemption from ad valorem taxation in
the minimum amount of three (3) percent of assessed value in an amount no less than five thousand dollars
($5,000.00) for individuals who are owners of residences, providing a repealing clause, providing a
severability clause, and providing an effective date, and authorizing the Mayor to sign. PUBLIC
COMMENT: The public is invited to make comments to the City Council during the discussion of this
agenda item.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS: If Mayor and Council desire to reduce residential property tax rates, it is
recommended that the most economical manner be through the Homestead Exemption. Other suggestions
that were reviewed by staff including rebates, overall tax cuts, and other unique recommendations were
administratively burdensome, difficult to manage, or do not directly address residential property tax relief.
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
The estt~ntefl reveue loss for the first year is $379,951.
+\-BID $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
FIN. REVIEW:~
CITY MANAGER REVIEW:
Document Name: !Home
Tax Rate Comparisons - Based on Values in the December 2000 Five Year Plan
FY 01-02 FY 02-03 FY 03-04 FY 04-05
2000 Plan
Value of 1 penny 323,850 356,235 388,296 419,360
Flat Rate 0.64860 0.64860 0.64860 0.64860
5 Year Plan 0.64860 0.64860 0.65922 0.67415
Amount Needed to Remain Flat* 0 0 412,370 1,071,465
2000 Plan with Homestead Exemption
Value of 1 penny at Homestead
Tax Rate
Amount Needed to Remain Flat*
318,900 350,790 382,361 412,950
0.64860 0.66564 0.66985 0.68610
0 604,762 812,517 1,548,563
2000 Plan w/Homestead and $1,000,000 Transfer to IMF
Tax Rate 0.66500
Amount Needed to Remain Flat* 522,996
0.67784 0.67115 0.68610
1,025,710 862,224 1,548,563
2000 Plan w/Homestead, $1,000,000 Transfer to IMF0-~$535000(~000 Reduction in General Fund
Tax Rate . 0.67084 0.66285 0.67760
Amount Needed to Remain Flat* 204,096 780,157 544,864 1,197,555
*This amount could be dedved from cuts in the operating budget, use of fund balance, or delays in
funding the bond projects approved in 11-99. Updated cash flow information will be available on
03-23-2001. This information will update that found on pages 2 and 3 of your budget notebook.
(Blue Tab - Financial Analysis)
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City of Coppell
Homestead Exemption Comparison
2000 Taxable Annual Tax
Property Value Savin~ls ~ 1%
I 328,990 32.43
2 269,400 32.43
3 342,670 32.43
4 231,170 32.43
5 251,020 32.43
6 228,712 32.43
7 151,750 32.43
8 159,480 32.43
9 196,870 32.43
10 179,961 32.43
100,000 32.43
200,000 32.43
300,000 32.43
400,000 32.43
500,000 32.43
Annual Tax Annual Tax
Savings (~ 2% Savings ~ 3%
42.68 64.01
34.95 52.42
44.45 66.68
32.43 44.98
32.56 48.84
32.43 44.50
32.43 32.43
32.43 32.43
32.43 38.31
32.43 35.02
32.43 32.43
32.43 38.92
38.92 58.37
51.89 77.83
64.86 97.29
Projected Annual Cost for Homestead Implementation
Annual Levy Annual Levy Annual Levy
Tax Year Loss ~ 1% Loss ~ 2% Loss ~ 3%
2001-02 294,140 294,140 379,951
2002-03 307,112 307,112 414,607
2003-04 316,841 316,841 445,784
2004-05 323,327 323,327 473,345
Four Year Total
1,241,420 1,241,420 1,713,687
BY GARY $.BECKER
THE REAL REASON
WE NEED A TAX CUT
TIGHT LID:
The most
important
goal of a
reduction is
to curtail
government
spending,
not to
stimulate
personal
spending
Gary S. Becker, the 1992
Nobel laureate, teaches at
the University of Chicago and
is a Fellow of the Hoover
Institution.
Some of the arguments advanced to justify
President George W. Bush's proposed
$1.6 trillion tax cut are weak. But I do
believe there is an excellent case for large cuts
as long as big surpluses appear likely during the
next decade.
During the latter stages of Bush's campaign,
he and other Republicans claimed that tax cuts
would combat the current economic downturn
and help prevent a serious recession from de-
veloping. However, it is unlikely that reduced
taxes would have much effect on the slowdown
even if they were adopted soon and made
retroactive to the beginning of the year. Most
households would not raise their spending: by
much simply because a tax cut has been substi-
tuted for a paring down of the federal debt, the
option favored by former Vice-President A1 Gore
and many Democrats. Economists usually argue
that reducing debt mainly involves substituting
future tax reductions for present ones. It doesn't
change consumer behavior much.
More important to the long-run growth of the
economy is the proposed cut of all marginal in-
come tax rates, including lowering the top rate
from 39% to 33%. The President also wants to
abolish the estate tax. This tax will probably
remain, albeit with a widened exemption from
about $700,000 to the $4 million-S5 million range.
I believe both of these tax reductions would
stimulate investment and entrepreneurial activi-
ties. However, studi~s by many economists of
investment responses to changes in personal in-
come tax rates reach conflicting conclusions about
their importance.
GRABBY IN, ~'EST GROUPS. But even if the most
negative of these findings were correct, the case
for a large tax cut is still strong. I have argued in
previous columns in this magazine and elsewhere
that the most important effect of a tax reduc-
tion is to curtail government spending, not to
stimulate private spending. In his address to the
House of Representatives, President Bush did
claim that tax cuts help to keep a lid on govern-
ment spending by reducing the fiscal surplus.
In this view, the government is similar to
spending-addicted individuals who tend to squan-
der whatever resources they can lay their hands
on. Hundreds of powerful political interest groups
clamor for greater subsidies and other government
help. The subsidies benefit these groups but re-
duce efficiency and harm the country as a whole.
Apparently, the most effective way to restrain
these pressures is to reduce the revenue that
legislators and government officials have to spend.
What happened to federal government spend-
ing during the 1990s supports this analysis. Fed-
eral spending was held down during the early'
years of this decade by the agreement between
President Bill Clinton and Congress that the
then-large fiscal deficit had to be reduced. But
both branches of the government agreed to
loosen the spigot after the booming economy
greatly expanded tax revenues. Subsequent gov-
ernment spending then grew rapidly: The aver-
age rate of increase in discretionary spending
during the past three years exceeded 5%, and it
grew by more than 8% during the past year.
The addiction to spending whatever revenue is
available is bipartisan and almost as strong
among Republicans as among Democrats. In-
deed, on many programs, the Republican-domi-
nated Congress voted to increase spending well
beyond the already generous amounts requested
by President Clinton. Congressional Republicans
and Democrats differ largely on how to increase
spending rather than on whether or not to spend
more. Republicans favor much greater spending
on the military, and President Bush has also
proposed sizable increases in spending on Social
Security, Medicare, and education, along with
"only" a 4% overall increase in other discre-
tionary programs.
OIL ~RIMggr. Like federal spending, outlays
by state and local governments also expanded
rapidly during the past few years as their tax
revenues boomed. Changes in the world price of
oil provide a clear-cut "experiment" that tests the
effects of government revenue on spending in
other countries. When prices are high, oil-pro-
ducing nations have tended to spend about two-
thirds of their increase in oil revenue on
weapons, schooling, infrastructure, and higher
personal wealth of those in power. Only the re-
maining one-third goes to tax cuts, reduced gov-
ernment debt, and the accumulation of govern-
ment assets.
If large tax cuts get enacted in order to re-
strain government spending when sizable fiscal
surpluses are expected, then subsequent tax in-
creases would be appropriate ff these surpluses
failed to materialize. Since forecasting tax rev-
enue is a highly imperfect art, the durability of
tax cuts might be tied to what happens to actu-
al surpluses during the next 5 to 10 years.
The government's Leviathan appetite for
spending has to be controlled. One of the best
weapons presently available is to take away the
temptation to spend more by using large tax
cuts to reduce revenue and budget surpluses.
28 BusinessWeek / March 19, 2001
Robert E. Hager
E-mail: rhager~njdhs.com
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS @ NJDHS.com
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulev~.
P. O. Box 478
Coppell, Texas 75019
RE: Homes;
Dear Jim:
Enclosed pleai
comments. The amend
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
CITY MANAGER
CITY OF COPPELL
Thank you for your attention to this matter.
contact us at your convenience.
br your review and
date has been made.
If you have any questions please
Very truly yours,
NICHOLS, JACKSON, DILLARD,
REH/cdb
Enclosure
AN ORDINANCE OF THE CITY OF COPPEIJ., TEXAS
ORDINANCE biO.
AN ORDINANCE OF THE CITY OF COPPEI.L, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 1, TO ADD
ARTICLE 1-15 TO PROVIDE FOR AN ANNUAL EXEMPTION FROM AD
VALOREM TAXATION IN THE MINIMUM AMOUNT OF THREE
PERCENT OF ASSESSED VALUE IN AN AMOUNT biO LESS THAN FIVE
THOUSAND DO~ ($5,000.00) FOR INDIVIDUALS WHO ARE OWNERS
OF RESIDEbiCES; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABIL1TY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WI~S, the City Council desires to provide for annual exemptions from ad valorem
property taxes for individuals who are the owners and occupants of residences; and
WI~REAS, the City Council desires to establish the amount of the exemption for residence
homestead of individuals;
NOW THEREFORE BE 1T ORDAINED BY THE CITY COUNCIL OF TUE CITY OF
COPPELL, TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 1, by amending Article 1-15 Taxation, to add Section 1-15-3, to
read as follows:
"ARTICLE 1-15 TAXATION
Texas,
Sec. 1-15-3. RESIDENCE HOMESTEAD EXEMPTION
Pursuant to Article 8, Section 1-b of the Texas Constitution and Section
11.13(n) of the Texas Tax Code, an individual is entitled to an exemption of at
least three (3%) percent of the appraised value, in an amount not less than five
thousand dollars ($5,000.00), from ad valorem taxation; and, such amount shall
be exempt from ad valorem taxation beginning with the tax year 2001 and
continuing thereat~er, provided, however, such individual qualifies and makes
application for such exemption in accordance with the Texas Tax Code, as
amended."
SECTION 2. That all provisions of the ordinances and resolutions of the City of Coppell,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all
I 399O3
other provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or
of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide, provided however the increase in the amount of appraised
value of a residence homestead exempt from ad valorem taxation herein shall take effect beginning
with tax year 2001.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
,2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
R~~~ORNEY
(REH/cdb 3/19/01)
LIBBY BALL, CITY SECRETARY
2 39903
T H ir . C I T Y 0 F
CO-PPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 27, 2001 ITEM
ITEM CAPTION:
Consider Approval of renaming park sites as proposed by the Parks and Recreation Board.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
See Attached
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
+X-BID $
DIR. INITIALS:
FIN. REVIEW~)~
CITY MANAGER REVIEW:
I~o.m~t ~nmo' ^Pnrlmnm
T H E C I T Y 0 F
OPi EL£
PARKS AND LEISURE SERVICES DEPARTMENT
COPPELL CITY COUNCIL
AGENDA ITEM
Date: March 19, 2001
To: MayOr and City Council
From: Gary Sims, Director
Agenda Item: Consider Approval of Renaming of Park Sites as Recommended by the
Parks and Recreation Board.
Background:
The Parks and Recreation Board has reviewed the redesignation of the Andrew Brown
Park system. The current designation for the park is divided into three areas, namely,
Andrew Brown Jr. Community Park East, West and Central. The board has heard from
community members who are confused by the designation and are often uncertain as to
the location of a specific activity to be held in the park. There is also some uncertainty
about whether or not the three areas have been officially designated by the City Council.
The Parks and Recreation Board recommends the following designations be adopted by
the City Council for the "Andrew Brown Park System":
That area West of Deuton Tap Road to be designated "Andrew Brown Jr. Community
Park West".
That area West of Cottonwood Creek and East of Denton Tap Road to be designated
as "Andrew Brown Jr. Community Park Central".
That area East of the Cottonwood Creek and West of the new practice facility at the
end of Moore Road to be designated as "Andrew Brown Jr. Community Park East"
That area inclusive of and East of the practice facility at the end of Moore Road to be
designated as "Moore Road Park"
Please see the attached Section 9-11-10 (A) of the City of Coppell Parks and Recreation
Code, "Guidelines for Naming Park Lands and Facilities". This guide was utilized in
selecting the name for these sites. Also find attached a city map showing the location of
each of the park sites, along with it's recommended name. The Parks and Recreation
Board will continue to explore the existing park names and recommend formalization of
names for specific parks in the future.
Council Action requested:
Consideration of the official designation of the "Andrew Brown Park System" as
recommended above.
Staff Recommendation:
Staff is in agreement with these designations in order to minimize confusion of the park
users and recommends approval of this proposal
BR
D. Park lands and facilities shall be named wi~in 60 days after acquisition, construction
completion, or at the earliest possible date.
Sec. 9-11-10. Guidelines for naming park lands and facilities.
Park names should be familiar to the majority of citizens, easy to recall, unique and lasting.
The following guidelines are listed in order of importance:
A. Park lands shall be named:
1. By outstanding and/or predominate physical characteristics of the land such as -
a. Streams, rivers, lakes and creeks
b. Landmark significance
c. Historical significance
d. Street name identity
2. . In honor of a deceased community leader
3. In honor of a deceased national or state leader
4. Based on the activity, event, or function of the park
B. If a name is applied to park facilities such as recreational buildings, swimming pools,
sports fields, and play structures, those shall be named either:
1. By identification with the park in which it lies; or
2. In honor of an individual or group when contributions of 50 percent or more of the
total cost of the facilities are donated to the City of Coppell.
MAP OF COPP
3
1
Administration --
Moore Road
Park
5
OI
H
SAN[
RAV~N
(AYF
~-"~-'~i~i~I~ AGENDA =QUEST FORM
CITY COUN~L MEETING: Malv. h 27, 2001 ITEM # __~__~
CITY MANAGER'S REPORT
Update on Wagon Wheel and MacArthur Parks.
Budget Update.
CITY MANAGER~3 REVIEW:
AGENDA REQUEST FORM
COUNCIL MEETING: March 27, 2001 ITEM # .~~
MAYOR AND COUNCIL REPORTS
B.
C.
D.
E.
F.
G.
Report by Mayor Sheehan regarding Chamber of Commerce Retreat.
Report by Mayor Sheehan regarding Legislative Update/DFW Airport Legislation.
Report by Mayor Sheehan regarding Mayor's Breakfast.
Report by Mayor Sheehan regarding Partners in Mobility TXDOT Presentation.
Report by Councilmember Tunnell regarding NLC in Washington.
Report by Councilmember Raines regarding YMCA Events.
Report by Councilmember York regarding Junior Achievement.
CITY MANAGER'S REVIEW: