CP 2001-04-10NOTICE OF CITY COUNCIL MEETING AND AGENDA
APRIL 10, 2001
CANDY SHEEHAN,
Mayor
GREG GARCIA,
JAYNE PETERS,
DIANA RAINES,
Place 1
Place 2
Place 3
LARRY WHEELER,
Mayor Pro Tem
MARSHA TUNNELL,
DOUG STOVER,
BILL YORK,
Place 6
Place 4
Place 5
Place 7
JIM WITT, City Manaser
MEETING TIME AND PLACE:
Call to Order
Executive Session
Work Session
Regular Session
6:00 p.m.
Immediately Following
Immediately Following
7:30 p.m.
Council Chambers
Ist FI. Conf. Room
Ist FI. Conf. Room
Council Chambers
(Open to the Public)
(Closed 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, April 10, 2001, at 6:00 p.m. for Executive
Session, Work Session will follow immediately thereafter, and Regular Session will
begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell,
Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential lei]al advice from the City Attorney on any ai]enda item listed herein.
The purpose of the meeting is to consider the following items:
ITEM~ ITEM DESCRIPTION
REGULAR SESSION
1. Call to order.
(Open to the Public)
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Page 1 of 6
ITEM DESCRIPTION
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
A. Section 551.071(1), Texas Government Code - Consultation with City
Attorney.
1.
5
Robin'Hood/Involving City's standing regarding Suit to
challenge school finance under Chapter 41 of the Texas
Education Code.
Discuss and provide legal advice concerning zoning/site plan
application of U.Haul at State Highway 121 and Denton Tap.
Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. ReqUest to consider purchase of property east of MacArthur
and south of Sandy Lake Road for recreational purposes.
WORK SESSION
(Open to the Public)
Convene Work Session
A. Discussion regarding Public Right-of-Way Ordinance/Item 25.
B. DART Membership Status Overview.
C. Discussion of Agenda Items.
REGULAR SESSION
(Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
Consider approval of a Proclamation naming April 21.27, 2001 as CLEAN
COPPELL. EARTHWEEK, and authorizing the Mayor to sign.
I 7.
8.
Report by Keep Coppell Beautiful Committee.
Presentation and update to the City of Coppell's Water System Plan and
discussion of the Water Conservation Plan.
Citizen's Appearances.
CONSENT AGENDA
10.
Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 27, 2001.
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Pa~e 2 of 6
ITEM DESCRIPTION
Ce
Consideration and approval of awarding Bid Q.0201-01 HVAC
Maintenance Contract to Invensys Building Systems in the amount of
$62,400.00 as budgeted for a one year period beginning May 1,
2001, with renewal options for an additional 4 years, and authorizing
the City Manager to sign.
Consider approval of an Ordinance abandoning a portion of a right
of way easement on Exchange Circle, located on Lot 3, Block 2 of
Gateway Business Park, and authorizing the Mayor to sign.
Consider approval of an ordinance amending the Code of Ordinances
Chapter 2, Keep Coppell Beautiful Committee, Section 2.3-6
(subcommittees) to replace the same with similar language, and
Section 2*3-7 (coordinator) to provide for the City Manager or his
designee to appoint the coordinator for the committee, and
authorizing the Mayor to sign.
11.
12.
13.
14.
15.
END OF CONSENT
Reconsideration of U.Haul International, Site Plan, to allow the
construction of a three-story min'.storage facility on approximately 2.02
acres of property located along the south side of S.H. 121, east of Denton
Tap Road.
PUBLIC HEARING:
Consider approval of Riverside Church of Christ Addition, Lot 1, Block 1,
Replat, to allow the expansion of Riverside Church of Christ on 6.5 acres of
property located at the northwest corner of Beltline and North Lake Drive,
east of Denton Tap Road.
PUBLIC HEARING:
Consider approval of S.1042R, Kentucky Fried Chicken/Pizza Hut, zoning
change request from C-S.U.R 1042 (Commercial, Special Use Permit) to C-
S.U.R 1042R (Commercial, Special Use Permit) to include Pizza Hut and
revise elevations and signage, located at 135 S. Denton Tap Road.
Consider approval of Northpoint Addition, Lot 1, Block 1, Site Plan and
Preliminary Plat, to allow the construction of two office/warehouse
buildings totaling 137,000 square feet on 9.081 acres of property located
at the southeast corner of Northpoint Drive and S.H. 121.
Consider providing that the Planning and Zoning Commission be the
authority responsible for the approval of the Final Plat of Northpoint
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Page 3 of 6
ITEM~ ITEM DESCRIPTION
16.
17.
18.
19.
7
20.
21.
Addition, Lot 1, Block 1, Site Plan ,and Preliminary Plat, to allow the
construction of two office/warehouse buildings totaling 137,000 square
feet on 9.081 acres of property located at the southeast corner of
Northpoint Drive and S.H. 121.
Consider approval of Gateway Business Park No. 3, Lot 1, Block A, Site
Plan and Preliminary Plat, to allow the construction of two 32,061 square
foot office/warehouse buildings on 7.863 acres of property located at the
northeast corner of Freeport Parkway and Airline Drive.
Consider providing that the Planning and Zoning Commission be the
authority responsible for the approval of the Final Plat of Gateway
Business Park No. 3, Lot 1, Block A, to allow the construction of two
32,061 square foot office/warehouse buildings on 7.863 acres of property
located at the northeast corner of Freeport Parkway and Airline Drive.
PUBLIC HEARING:
Consider approval of Freeport North, Lot 2R, Site Plan and Replat, to allow
the construction of a 45,974 square foot office/warehouse building on 3.43
acres of property located along the east side of Royal Lane, north of Bethel
Road.
pUBUC HEARING:
Consider approval of Freeport North, Lot 2, Block 3, Site Plan and Replat,
to allow the construction of a 167,000 square foot office/warehouse on
12.085 acres of property located at the .southwest corner of Royal Lane
and Gateview Boulevard.
pUBLIC HEARING:
Consider approval of the designation of a reinvestment zone, pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is that
property owned by KCD-TX II Coppell Investment Limited Partnership,
described as Coppell Commerce Center, Block I and 2 (19.39 acres)
located along Burns Street between Freeport Parkway and Hammond
Street.
Consider approval of an Ordinance designating the KCD.TX II Coppell
Investment Limited Partnership property as Reinvestment Zone No. 32, and
authorizing the Mayor to sign.
Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and KCD-TX II Coppell Investment Limited
Partnership, and authorizing the Mayor to sign.
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Page 4 of 6
ITEM~ ITEM DESCRIPTION
23.
24.
7
25.
26.
27.
28.
29.
Consider approval of a variance to the City of Coppell's Subdivision
Ordinance #94643 Appendix C, Section V, Sub-Section F which prohibits
overhead services to cross public rights-of-way, to permit Capco
Communications, Inc. to construct overhead service for Coppell
Independent School District over public rights-of-way using existing electric
poles.
Consider approval of an Interim Right-of-way Use A~reement 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 Ordinance amending Chapter 6 of the Code of
Ordinances by adding Article 6-14 entitled 'Certain Uses of Public Right-of-
way'; and authorizing the Mayor to sign.
Necessary action resulting from Work Session.
City Manager's Report.
A. City Capital Improvement Project Update.
Mayor and Council Reports.
A. Report by Mayor Sheehan
C.
D.
E.
regarding Tex 21 and Transportation
Summit.
Report by Mayor Sheehan regarding Candlelight Vigil.
Report by Mayor Sheehan regarding Shattered Dreams.
Report by Mayor Sheehan regarding Town Hall Meeting.
Report by Mayor Sheehan regarding DARE graduations at the middle
schools.
Necessary Action Resulting from Executive Session.
Adjournment.
Candy Sheehan, Mayor
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Page 5 of 6
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this day of ,
2001, at
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S
WEBSITE (www. ci.co_o.oell.tx, us~ UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
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).
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 Coppeil is illegal.
Es iiegai 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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Page 6 of 6
EXECUTIVE SESSION
Ao
Section 551.071, Texas Govemrnent Code - Consultation with City Attorney.
!. Robin Hood/Involving City's standing regarding suit to challenge school
finance under Chapter 4! of the Texas Education Code.
Section 55!.072, Texas Government Code - Deliberation regarding Real Property.
!. Request to consider purchase of property east of MacArthur and south of
Sandy Lake Road for recreational purposes.
SUBMITTED BY: Jim Witt
TITLE: City Manager INITIALS
i
WORK SESSION
Discussion regarding Public Right-of-Way Ordinance/Item 25.
DART Membership Status Overview.
Discussion of Agenda Items.
crrY MANAGER~3 REVIEW:
MEMORANDUM
Date:
To:
From:
Subject:
April 3, 2001
Mayor and City Councill V~
~ !111~
Jim Witt, City Manager \]g]u
DART Alternatives ~
Attached to this memo is the most recent information we have received from DART regarding new member
cities or contract services. About a month ago I had an oppommity to meet with DART and visit with them
regarding their future plans and activities. It became increasingly apparent that them is a tremendous concern
in the Metroplex that mass transit will not be expanded outside the existing DART service area.
From the DART Board's perspective they feel their member cities have contributed substantially to the building
of existing infrastructure, and have stuck with them through thick and thin times. As you know, the City of
Coppell in 1989 removed itself from DART. We are .not the only Metroplex city in this position, as many of
the high-growth cities in the north central area, as well as southern suburbs are not members of DART.
The attached information relates to recent activities at DART regarding new member cities and contract
services. At this time, in order to be a member of DART our one-cent contribution, if available, would be $4
million. We have under state law only one-half cent available; therefore, we would have to raise $2 million
from non-sales tax revenue sources. Suffice to say, this would be an impossible task without delaying bond
projects, cutting services and, of course, having basically a no-look, no-consideration policy regarding any new
programs, projects, etc.
The contract services portion of the recommendations, though, does offer some hope that we can enter into
meaningful negotiations with DART regarding specific services to be provided to the City of Coppell. Please
note the emphasis in the Policy Report on the fact that this policy would amend former resolutions, which
prohibited DART from providing commuter rail services outside the DART service area. While that is not a
guarantee that rail service would be provided, it is an indication that DART realizes that it is an important tool
for them to attract contract services.
In my discussion with DART staff it became apparent that rail is not the only service they would like to have
contract cities consider. Bus options were another alternative to be considered. THIS ITEM IS ON YOUR
WORK SESSION AGENDA STRICTLY FOR DISCUSSION PURPOSES. No action is needed at this time,
but I think it is time, though, to assess our interest in participating with DART as a contract city. We should
make a decision before the adoption of our budget for fiscal year 2002 on whether or not we will enter into
meaningful negotiations with DART for contract services.
9?;:) ?2? 3S40
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840
p.01
Attention: Mrs. Candy 8heehaa
Company: City of CoppcU
Fax Number: 972-304-3673
Voice Number: 972-304-3605
From: Stephen Terrell
Company: Terrelrs Drycleaning
Fax Number: 972-727-3840
Voice Number: 972-727-2721
Date: 3/30/01
Number of Pages: 16
Subject: Dart
APR - 2 ?.001
~ I YM A -
Comments:
Candy, I hope this will help. Have any questions give me a call.
Steve
Friday, March 30, 2001 5:12 PM
9?2 ?2? 3@40
Stephen Terrell 972-727-3840
p.02
AGENDA ITEM
]Attachment~:
1. Draft Policy
Votl~gRequiremeaU
DATE: March 23, 2001
SUBJECT: Review and Adopt Recommendation on New Member Cities
RECOMMENDATION
Approval of a resolution to adopt a policy on new member city admission process.
POLICY/STRATEGIC PLAN CONSIDERATIONS
Board Goal:
Management Objective:
Strategic Iaitiative:
(C) Customer Focus
(S) Stakeholder FoCus
(C2) Improve/Add services
(S 1) Build relationships with stakeholders
(C2.2) Develop seamless, fully accessible mulfimodal system
(SI.l) Obtain timely input on DART's services/projects
(S 1.3) Develop and maintain strong working relationships with
member cities
DISCUSSION
· Over the past year there has been an increased level of interest from non-member cities in
receiving DART services.
· DART Board members have requested a policy that would set specific guidelines under which
new jurisdictions can join the authority.
· DART's enabling statute is found in Chapter 452 of the Texas Transportation Code. This
chapter sets out procedures that should be followed to expand the DART service area into
jurisdictions which are not presently being served.
· The attached draft policy outlines a New Member City Admission Process and is compatible
with Chapter 452 of the Texas Transportation Code.
The attached draft policy has been the subject of discussion at the previous meetings of the
Committee on December 1, 2000 nad January 19, 2001.
R~23NMC.SA.M 1 o3/2o~01 - ?:~ ~
Friday, March 30, 2001 5:12 PM
972 ?2? 3840
Stephen Terrell 972-727-3840
p.03
DATE 18SUED:
Re~olution No.
Amend~i by Re~olutions:
Policy No.
dlte
r~olution number
resolution numb~m which amended the policy
c. II Shannon ~t x3371 for policy numbm' and section
Section 1: General Statement
A. Establishment of Purpose
The purpose of this policy is to set specific
guidelines under which new jurisdictions can join
Dallas Area Rapid Transit (DART).
It is DART's policy to welcome and e~coura~c
inquiries regarding adding new jurisdictions to tha
Authority.
Section 2: Administration
Guidelines nnd Proeedures
A flowchart of the New Member Admission
process is attached.
Upon receiving an official expression of interest in
the form of a resolution from the governing body
of a jurisdiction with either a one percent sales tax
available or the ability and intent to make a one
percent sales tax available prior to admission,
DART will assist with plsrming efforts to
determine the feasibility of providing transit
service within the jurisdiction.
The ir~fial phase of planning will be summarized
in a Preliminary ,4sse,ysment of Transit Potential.
This summary document will include a
determination of thc scope of transit services that
would be warranted in the near term and a
discussion of the goals and objectives related to
potential longer term services. The Preliminary
Assessment will also include a lo. ti review to
determine eligibility of the potential new
member under Texas law. In addition a financial
review will be conducted to determine if the
addition would create a financial hardship for
DART ns defined in Chapter 452 of the Texas
R323NMC.SAM
Transportation Code.
If the results of the Preliminary Assessment ar~ not
acceptable to the intm~! jun'sdiction, no further
action is required. If thc results create a fimmcial
hardship for DART on the gz~mds that the
jurisdiction is not centi~ous or thet the addition
of the territory would ~ the imposition of the
sales and us~ tax as ~ in Chapter 452 of the
Texas Transportation Code. the jurisdiction will be
so advised. If the DART Board and the governing
body of the inttwest~ jurisdiction ~:wov~ th~
remus of the pmliminm3, es~ssment, DART in
Immediate Action Plan, a Lon~ Range Service
Plan, and a Fimmcial Plan. Thes~ thr~ plan
components will be incorporated into a Service
The Immediate Action component will set out tho
type, amount and timing of immediate action
services and fncilities based on need and financial
capacity of the interested jurisdiction. The Long
Range Service componmt will set out the type and
amount of capital-intensive services and facilities.
The Financial component will include a discussion
of the ~ and cost of both near term and longer
term capital projects and setwices and will provide
an overview of the potential impacts on DART's
approved Financial Plan. Projects that require
large capital outlays would be prol~'ammed for
implementation after existing commitments to
member jurisdictions have been met.
03/'20/01 - 7:11 PM
9?;2 ?2? 31940 p.04
Stephen Ten'ell 972-727-3840
Friday, March 30, 2001 5:12 PM
DATE ISSUED:
Resolution No.
Amended by Resolutions:
Policy No.
date
re~olution number
resolution numbem which ante~l~ the polK'y
call Shannon at x3371 for polly number and ~
'~3te D~dtTBoard'"' of Directors will review the
Service Proposal and if approv~cl by a two-thirds
majority it will be presented for approval to the
governing body of the into-cared jurisdiction. If the
Service Proposal is reviewed and approved by the
interested jurisdiction, the jurisdiction may call an
election based on the definition of services and
financial arrangemmts specified within the Service
l~oposal.
Upon a favorable vote by the el_,~__orate and in the
absence of notice by the DART Board of Directors
to the governing body of the jurisdiction that
admission would create a financial hardship oa the
Authority as defined in Chapter 452 of the Texas
Tmnspo~fion Code, the jurisdiction will join
DART and will have full m~nbership status and
representation on th~ Board of Directors thirty one
days after the date of the election as described in
Chapter 452 of the Texas Transportation Code.
DART will implement thc Service Propo~l by
carryin~ out the Immediate Action Plan and
amendins the DART Service Plan, the Transit
System Plan and the DART Financial Plan.
lt323NMC.SAM
03/20/01 - 7:11 PM
9?2 '72? 3194~
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p,05
I' I Guidelines and Procedures
Resolution of Interest from Governing Body ' New Member City Admission-
Preliminary Assessment ~1 l ...... ~
~--_~--, ...... t c_.--- I
Immediate Action Plan ~;~ /
Facililimm or olher Immedimm tmmm r, aPltml projectm /
Long Range Service Plan IL"3
* Type and amo.nl of cIIRII Intlnsivl #rvi~ll
- Timing of capital I~rejlctl ami ~ initillion
+
Financial Plan
· Programming of r.,apital project~ and ~ervi~e~
DRAFT
r~nM~M ~r to City
mM. daM~ Council
Not
FApproved Approved ~[~
March 23, 2001
No Further Action by DART I· Member City status
9?2 '7;>'7 3194~
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.06
DRAFT
RESOLUTION
of the
DALLAS AREA RAPID TRANSIT
(Executive Committ~)
Review and Adopt Recommendation on New Member Cities
WHEREAS, DART Board members have requested a policy that would set specific guidelines
under which new jurisdictions can join the authority; and
WHEREAS, DART's enabling statute is found in Chapter 452 of the Texas Transportation Code
which sets out procedures that should be followed to expand the DART service area into
jurisdictions which arc not prescnfly being served.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors
that a policy on new member city admission process, as shown in Attachment 1, is approved.
Vice Md~t
Pl~nnin~ & Ek'v~opmemt
Approved as to form:
Approved by:
Office of~ Coumel
President/Exccutive Director
0323PA.SAM S
03119/01 -11:37 AM
9?2 ?2? 3540
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.07
9?2 ?2? 384~
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.08
Policy Report
]Atmehm~t~:
1. Draft Polley
Majority
DATE:
SUBJECT:
March 23, 2001
Review and Adopt Recommendation on Contracting S~rvlces
RECOMMENDATION
Approval of a resolution to adopt recommendation of conmwting Services.
POLICY/STRATEGIC PLAN CONSIDERATIONS
Board Goal:
· Management Objective:
· Strategic Initiative:
(C) Customer Focus
(S) Stakeholder Focus
(C2) Improve/Add services
(S 1) Build relationships with stakeholders
(C2.2) D~velop seamless, fully accessible multimodal system
(SI.I) Obtain timely input on DART's servioes/projects
(S 1.3) Develop and maintain strong working relationships with
member cities
DISCUSSION
RCONT323.SAM
· Over the past year there has been an increased level of interest from non-~ cities in
receiving DART services.
· DART Board members have requested a policy that would set specific guidelines under which
thc Authority would contract with non-member entities to provide transit services outside the
service area (ace ARachment 1).
· DART's enabling statute is found in Chapter 452 of the Texas Transportation Code.
· The attached draft policy is compatible with Chapter 452 of the Texas Transportation Code.
· DART Board Resolution Number 950097 states that transit service, except for Charter and
Special Events Services, as approved by separate policy, will not extend beyond the
boundaries of the DART S~'vice Area. D/FW Airport is considered to be part of the DART
Service Area.
I 03/20/01 - 7:40 PM
9?2 ?2? 3~40 p.09
Stephen Terrell 972-727-3840
Friday, March 30, 2001 5:12 PM
DART Board Resolution No. 970226 amends Resolution No. 950097 and states that transit
service, except for Charter and Special Events Services as approved by separate policy, will
n6t extend beyond the boundaries of the DART Service Area. D/FW Airport is considered to
be part of the DART Service Area.
· Existing fixed mutes may be extended to serve any publicly funded, post secondary
educational institution whose campus is contigtwus to the DART Service Area when the
extension does not involve ol~ration over tlw street of a non-member jurisdiction and the
institution enters into an interlocal a~eement to pay DART the fully allocated cost of such
service.
· The attached draft policy would amend Resolution No. 950097 and 970226 to allow DART to
contract to provide commuter rail services outside the DART Service Area under certain
conditions.
· The attached draft policy has been the subject of discussion at the previous meetings of the
Committee on December 1, 2000 and January 19, 2001. :
RCONT~23.SAIvl
03/20/01 - 7:40 PM
9?2 ?2'7 304~ p.lO
Stephen Terrell 972-727-3840
Friday, March 30, 2001 5:12 PM
DRAFT
RE. SOLUTION
of the
DALLAS AREA RAFID TRANSIT
(Executive Committee)
Review and Adopt Recommendation of Contracting Services
WHEREAS, over the past year, there has been an increased level of interest from non-member
cities in receiving DART services; and
WHEREAS, the attached policy would amend Resolution No. 95009? and No. 970226 to allow
DART to contract to provide contracting services outside the DART Service Area; and
WHEREAS, funding for this services is within the Financial Plan and Budget allocations.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors
that the re~ommcndation on contracting service, as shown in Attachment 1, are h~reby adopird.
Prepared by:
Vice President
Planning & Development
Approved as to form:
Approved by:
Office of General Counsel
EOg _ xeoutive Dit~,tor
0323PD.SAM
03/19/0[ -t t-35 AM
9'72 '727 3194~
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.ll
Contracting for Contracting Services Outeida the Service Ar~
DATE ISSUED: date
Re~olutlon No. ra~olution number
Amended by R~olution.: reeolution numberl which amended the pollay
Policy No. call Shannon at x3371 for policy number and ~mctton
I I
Section 1: GeneFal Ststement
A. Estiblishment of Purpose
The purpose of this policy is to set specific
guide]ines under which Dallas Area Rapid Transit
(DART) would contract with other mt/ties to
provide transit services outside the DART Service
DART will consider extending new transit services
beyond its service area to make connections to
regional destinations contingem on agreements
with local government agencies.
Section 2: AdministFtflon
GuidMlnes and Procedures
A flowchart of the procedures for Contracting
Outside DAR'Ps Service Area is attaohed.
Att~ehmzat I
II I
DART will also confirm that any proposed
aEreement to provide tramit service will ben~-~t
the DART system or the DART service arm in at
least one of the following mess:
· The proposal would increase DART System
ridersh¥,
· The proposal would utiliz~ excess capaoity and
would complement existing or proposed DART
· The proposal would nm negatively affect
DARTs financial condition,
and th~ proposal would improve r~iona[ mobility
and air quality.
The proposal and oontrvxfing procedures will
comply with DAR'Ps Disadvanmgmt Business
WOman-owned Business F, ntm3n/se program.
2. Cost Anoc~tion and Fandin8
Dallas Area Rapid Transit (DART) may contract
with other entities to provide transit services
outside the DART Sel~ioe Area provided the
following criteria are met:
1. Planning -,nd Coordination
Any proposed new service will be planned and
coordinated within the framework of DART's
established programs and procedures. Prior to any
significant effort being made re~arding DART's
participation in transit services outside its service
area, the proposed service must be incorporated
into DART's Transit System Plan and Financial
Plan.
During this coordination process, DART will
confirm that DART's participation in the proposed
project will not delay or adversely impact previous
commitments to the authority's member cities.
DART has built and funded a high quality
multi-modal system. Funding of equlpmmt_,
construction and operatin~ costs ofthe system has
been provided primarily by a one-percent sales tax.
System access will tbe~fore be viewed as a
Under any service agreement with non-member
entities, DART will recover the fifll cost of
servic~ provided and a proportional share of
system-wide costs including;
Direct capital and ope~ting costs
Indirect capital costs
Administrative overhead
Prorated share of system-wide
subsidies
RCOHT323.SAM
03/20/01 - 7:40 PM
9?2 ?2? 3~41~
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.12
Contracting for Contracting ~rvicu Out, kb the ~ Ar~
DATE I~UED: date
No~olution No. re~olution number
AmendmJ by Resolutions: resoluldon numbem which ~m~nd~l the policy
Policy No. call Shannon at x3371 for policy number and ~
The potential' con'~s entity shall provide
guarantees acceptable to DART of a stable, secure
and sufficient source of operating funds includin~
but not limited to assets and sales tax that can be
pledged for the programmed duration of the
project.
3. Service Delivery
DART and the proposed contracting entity shall
enter into an Interlocal Agroemmt that will specify
the definition of the project, the contracting terms,
the duration of the project and the process by
which the contract can be terminated.
4.~es
Upon receiving an official expression of interesi in
the form of a resolution from the governing body
of a jurisdiction, DART will preparo a Proliminary
Assessment of the proposed pwject to determine
whzther or not tl~ projact is feasibl=. Tho
Preliminary Assessment will include a description
assumptions, and a lesal review to determine
conformity of tho proposed servioe a~nent to
Texas law. An 'initial financial review will be
conducted to determine if the addition would
create a financial hardship for DART as deemed in
Chapter 452 of the Texas Transportation Code.
DART shall take the leading role in future
interlocal service agreements to provide Iransit
services, inoludin~ but not limited to overall
planning, contracting, marketing, design,
construction and operation of the systcm. This
arrangement will not be construed as precluding
coordinating efforts with other parties, but simply
a means to better insure a seamless provision of
service to the customer that makes the most
productive usc of standard DART functions,
programs and procedures that are already in place.
Contracts entered into under this policy will not
provido me, mborahip at, at-,as and should not be
considered an alternative to membership in the
authority. DART will not enter into contracts to
provide transit services with cities having a
one-percent sales tax available or with a city that is
a member of the authority as of the date of
adoption of this policy or thereafter.
Fare arrangements and transfer privileges may
be negotiated under separate agreements.
RCONT323.SAM
If the results of the Preliminary A~e~ment are not
acceptable to thc iaierested jurisdi~on, no further
action will be taken. If the results are pot
acceptable to DART, the ~oveming body of the
interested jurisdiction will be so advised.
If, based on the l~liminary As.se~nent, the
DART Board of Directors determines that the
project appears feasible, and that there is some
indication of potential benefit to DART, the
project will proceed to moro deagled planning and
evaluation Subject to mutual agreement between
DART and the intere~_,~l~ jurisdiction as to the cost
and ftmding of further planning snd design efforts,
DART will prepare a Project Definition and a
Detailed Evaluation.
The Project Definition will include a detailed
description of the type of service and capital
projects to be provided along with appropriate
desigri and ~ efforts as well as necessary
environmental clearances and a description of any
project impacls requiring mitil~ation. The Detailed
Evaluation will include a d~alled review of ~
project measured a~ainst DART's Criteria for
Contracting to Provide Services Outside the DART
Service Area (see Exhibit 1). The DART Board
will incorporate these efforts tngethe~' with
2 03/20/01 - '/:40 PM
m,' ii [i I Ii
9'72 ?2? 31~4~
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.13
Contracting for Contm,~ing Sewice~ Out~ide the Servi~ Area
DATE ISSUED: dat~
Re~ol~on No. re~ution number
Amended by Resolutions: re~olution numbem which ame~led the policy
Poligy No. call Shannon at x33'/t for policy number and ~¢tion
necessary Transit System Plan and Financial Plan
Amendments into a Service F~oposal subject to
The Service Proposal will bc r=viewed by the
DART Board of Dir~:tors and approved by a
two-thirds m~jori~, b~fore it is presented for
approval to the governing body of the interested
jurisdiction. If the Service Proposal is reviewed
and approved by the DART Board and by the
htterested jur/sd/ction, the parties will e~ter into an
interlocal agreement and DART will implement
the services and financial arrangements specified
with/n the Service Proposal.
RCONT323.SA.~ 3 03/20/01 - 7:40 PM
9?2 ?2? 3848 p.14
Stephen Terrell 972-727-3840
Friday, March 30, 2001 5:12 PM
Exhibit
Draft Criteria for Contracting to Provide Services Outside the DART Service Area
DART will consider contracting for transit services outside the DART Service Area provided the
following criteria are met. A flowchart of the proposed process for considering contract
agreements is attached.
Benefit ~o DART
The proposed contract will provide a benefit to the DART system or the DART Service Area in
at least one of the following categories:
a. The proposal would increase DART System Ridership;
The proposal would assist in utilizing excess capacitb,,
The proposed services would compliment existing or proposed DART services;
The proposal would not negatively affect DARTs financial condition.
Thc proposal will hnprove regional mobility and air quality.
Quali~ and Performance Standards
Thc proposed services will meet DART quality and performance standards, and will provide a
mechanism for review and oversight. Tho service will be identified, at least partially, as being
provided by DART.
Fully Allocated Cost Recovery
The proposal will includo a means of recovering the full cost of the services provided and a
proportional share of system-wide costs; such as:
a. Administrative Overhead; '' -'' 'l
b. Prorated slmre of system-wide operating submdies (transfer/pnw zg ),
c. Direct capital cost;
d. Direct operating cost (net opmatin8 revenue);
e. Indirect capital cost (incremental).
Adequacy of Funding Source
The potential contracting entity shall provide guarantees acceptable to DART of a stable, secure and
sufficient source of operating funds including but not limited to assets and sales tax that can be pledged
for the programmed duration of the project.
InterlocM A~reement
DART and thc proposed contracting entity will enter into an Intedocal Agreement that will
specify thc definition of the project, the contracting terms, the duration of the project and the
process by which the contract can be canceled and the service terminated. DART shall be named
manager of the projecL
RCONT323.SAM
03/20/01 - 7:40 PM
9'72 '72? 384~
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.15
Contracting Entities
The ~ontract agreement will not be in lieu of membership in the Authority.
RCONT323.SAM 2
03~0~1-7:40PM
9?2 ?2? 3840
Friday, March 30, 2001 5:12 PM Stephen Terrell 972-727-3840 p.16
Guidelines and Procedures
· Contracting Outside DART's Service Area
~.lnterest from Potential Contrao_flng Autho_ri.~ I
? DRAFT
PreUminary Engineering ?
Environmental consequences?
Preliminary Assessment ~.-~
Definition of service concept
Initial cost and financial assumptions
Legal review
Feasible?
· - Potential be~fi~ to DART
· - Feasible project ?
j No Further Action by DARTI . Project Definition
Amount and type of service and capital Projects
Timing of capital project~ and ~ervice initiation
Board ReV~N
Detailed Ev;
· Review of Policy and Criteria
· Omline of required mi~igation
· Definition of spe~ifi~ deal point~
Detailed Assessment of benefit to DART
Quality Assurance I Quality Control~
Fully Allocated Co~t Recovery
Adequacy of funding source
System Plan I Financial Plan :~''~
Type and amount of capital Intln~ivl ~lrvtoel
Timing ol capita proJ~'t~ and servl~e initiation
Go or No-Go reoommendallo~
Coordination with current plans
R~luest for
refinement or
more detail
Contracting
Authority
DRAFT
Further Action
- March 23, 2001
Accel~table?
Interlocal Agreement
Definition of services
Term ol the project
Camcellatten clau~e
DART a~ managing partner
T # · · G ! T Y * 0 ·
COP?- EI AGENDA REQUEST FORM
CITY CO~C~ ~E~G: Ap~ 10, 2~1 ~EM ~ ~__
ITEM CAFrION:
Report by Keep Coppell Beautiful Committee.
SUBMHTED BY: Libby Ball
TITLE: City Secret~
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:9~%
AMT. EST $
DIR. INITIALS: FIN. REVIEW;O~,
)4axl~ ]~lU~ F~ - ~vised S/00
+k-BID $
C1TY MANAGER KEViE~.~
ill I [
CITY COUNCIL MEETING: April 10, 2001 ITEM $$~ 8
ITEM CAPTION:
Presentation and update to the City of Coppell's Water System Plan and discussion of the
Conservation Plan.
Water
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF COlVIMENTS:
See attached memo.
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
DIR. INITIALS: ~,
Agenda Request Form - Revised 5/00
+'x-BID $
CITY MANAGER P,.EVIE
Document Nmue: #eng2
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Mayor and City Council Members
Kenneth M. Griff'm, P.E., Dir. of Engineering/Public Works ~
April 10, 2001
Presentation and update to the City of Coppell's Water System Plan and discussion of the
Water conservation Plan.
The City has been evaluating its Water Distribution System and Conservation Plan. We have been
working with the consulting firm of Shimek, Jacobs and Finklea to provide us information on our current
and projected water consumption. I have attached a copy of their prelimirmor evaluation report to this
agenda item. The report will be discussed in detail at the Council meeting.
Our current maximum day for purposes of this study is 20 million gallons per day (mgd). This was
arrived at by averaging the usage during the peak summer months of 2000. We h_ad days in excess of 22
to 23 million gallons, however, on average we used approximately 17 mgd. Based on our build-out
population, this report projects that the projected maximum day demand will be approximately 25 mgd.
The maximum hour demands will be discussed in greater detail at the Council meeting.
The recommendations from the study are that the City of Coppell should plan for a pump station capacity
of approximately 40 mgd. Our current capacity at Village Parkway Pump Station is approximately 27
mgd. While we can pump in excess of 27 mgd, TNRCC regulations require that the capacity of our station
be evaluated with the largest pump out of service. The consultant is recommending that the City of
Coppell pursue the construction of a 2nd pump station that would allow us to meet the recommendation of
40 mgd. The pump station recommendation is in lieu of building additional elevated storage. Our current
elevated storage capacity exceeds the TNRCC requirement of 1.2 million gallons and the State Insurance
requirement of 2 million gallons. The preliminary evaluation report also recommends approximately 4
million gallons of additional ground storage be provided at the proposed new pump station.
One other item which we have asked the consultant to evaluate is our water consumption by area of the
City. Additional information will be provided on this at the Council meeting. However, generally the
community has been divided into four quadrants with the common point being the intersection of Denton
Tap Road with Sandy Lake Road. As noted in the preliminary report, the northwest quadrant accounts for
approximately 18% of the total water use, the northeast quadrant accounts for approximately 30% of the
total water use; the southwest quadrant accounts for approximately 24% of the total water use; and the
southeast quadrant accounts for approximately 28% of the total water usage. In essence, if you divide the
community at Sandy Lake Road, the north side of Sandy Lake Road accounts for approximately 48% of
the water usage and the south side accounts for approximately 52% of the water usage. There could be
some margin of error associated with these numbers because not all parcels could be coded into the
database.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
In addition to system requirements, staff will be discussing our Conservation Plan. As Council is well
aware, each May 15th the City of Coppell implements a mandatory Conservation Plan. This plan runs
through September 15' of each year. Implementation of the Conservation Plan does create arbitrary high
water usage on Tuesdays and Thursdays, in particular, and to somewhat of a lesser degree on Saturdays
and Sundays. Discussion at the Council meeting concerning the Conservation Plan will include
suggestions for revising the plan with potentially a revised ordinance brought back to Council at the April
24, 2001 Council meeting. I am still reviewing data provided to me by the consultant and I will provide
recommendations at the Council meeting concerning the City's Conservation Plan.
Staff will be available to answer questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
RONALD V. CONWAY, P.E.
JOHN W. BIRKHOFF, P.E.
JOE R. CARTER, P.E.
OARY C. HENDRICKS, P.E.
PAUL A. CARLINE, P.E.
MAI'I' HICKEY, P.E.
ROSS L. JACOBS, P.E.
I. C. FINKLEA, P.E.
SHIMEK, JACOBS & FINKLEA, L.L.P.
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204
March 29, 2001
Phone (214) 361-7900
Mr. Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Water System Master Plan
Preliminary Evaluation and Report - Water Supply
Dear Mr. Griffin:
As provided in our contract for preparation of the City of Coppell's Water Distribution System Master Plan,
we have completed our preliminary evaluated the long-term requirements for the City's water distribution
system as it relates to water supply and pump station capacity. From our discussions with you and your staff,
we know the City currently receives its water supply from Dallas Water Utilities at the Sandy Lake Road
Pump Station and the Village Parkway Pump Station. With this background, we understood our task to
include:
1. Project the Maximum Day Demand at Build-out
2. Evaluate the Existing and Ultimate Pump Station Requirements
3. Evaluate the Existing and Ultimate Ground Storage Reservoir Requirements
4. Evaluate Pump Station Locations
5. Develop a Conceptual Pump Station Site Plan and Determine Property Requirements
6. Develop an Opinion of Probable Cost for the Recommend First Phase Pump Station and Ground
Storage Facility
7. Evaluate water system use over last summer and make recommendations for modifications to the
City's water conservation plan.
Basic Assumptions and Existing Conditions
In order to develop projected maximum day system demand, the planning boundary and land use assumptions
must bc determined. From our discussions with you and your staff, we understand the current City Limits is
to be the planning boundary for the water distribution system. The planning area contains approximately 14.7
square miles or 9,410 acres of land. The current residential population is estimated to be 35,000.
i [T
I I
Mr. Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
City of Coppell
March 30, 2001
Page Number 2
Service Connections (Existing)
Using data provided by the City's Utility Billing department, we evaluated meter reading data from July,
August and September of 2000. The tabulation below shows the meter count by general account type:
Residential Meters:
City Meters:
Other Non-Residential Meters:
Total System Connections:
10, 300 connections
92 connections
801 connections
11,193 connections
Maximum Day Demand (Historic)
Over the last several summers the City has implemented a Water Conservation Plan that sets forth a citywide
in-igation schedule. The schedule allows irrigation on certain days of the week. From our evaluation of the
daily consumption records available from last summer, we found the maximum daily demand placed on the
system to be in the range of 23 million gallons per day (mgd). HoWever, over the course of the highest use
weeks of the summer, we found the City consumed no more than 17 mgd supply on average from the City of
Dallas. Based on our review of the data, we believe the 23 mgd rate is artificially inflated due to the citywide
irrigation schedule. For the purpose of this preliminary evaluation and report, we recommend the City
consider the maximum day demand for the existing system to be in the range of 20 mgd. The conservative
maximum day rate is 3 mgd greater than the current supply contracted for from the City of Dallas.
Maximum Hourly Demand (Historic):
Records from the summer of 2000 indicate that on August 1, 2000, the Village Parkway Pump Station
pumped a maximum of 30 mgd while at the same time the City's elevated storage tanks dropped a total of 6-
feet for a combined volume of 0.53 million gallons in one hour. Converting the tank volume consumed
during this peak hour to a rate and combining it with the pump rate from the Village Parkway Pump Station
yields a maximum hour rate of 42.6 mgd.
Based on this data, the city's maximum hour to maximum day ration is 2.13. This is marginally higher than
we have observed in other Metroplex area cities and appears to be related to the City's water conservation
schedule.
Per Capita Demands (Historic)
Based on the data evaluated from last summer, the maximum day and maximum hour per residential per
capita demands are calculated as follows:
Maximum Day Demand
20 MGD =
35,000
20 MGD =
10,300 connections.
Maximum Hour Demand
42.6 MGD =
35,000
42.6 MGD =
571 gallons per capita per day (gpcd)
1950 gpd/connection.
1,217 gpcd
4,135 gpd/connection.
Mr. Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
City of Coppell
March 30, 2001
Page Number 3
The maximum day residential per capita demands represent the daily amount of water supply required during
periods of peak demand. The maximum hour residential per capita demand represents the rate in which the
water must be delivered through the distribution system and forms the basis of the hydraulic computer model.
Water System Projections
The City's Comprehensive Plan projects a build out residential population of approximately 37,000. Using
this data and the historic water consumption data, we have projected the maximum day demand for the City of
Coppell will be approximately 25 million gallons per day (25 MGD). This represents the amount of water
that should be supplied to Coppell (purchased from Dallas Water Utilities) and the amount Coppell must be
able to pump into the water distribution system.
The build-out maximum hour demand is projected to be in the range of $3 million galion~ per day (SSmgd).
This represents the capacity that the water distribution system must be able to meet during the most severe
periods of use. This rate is met through a combination of pumping and elevated storage tanks and a properly
sized water distribution system. It does not represent the amount of water to be purchased from the City's
wholesale supplier.
Elevated Storage, Pump St_n__ti_on and Ground Storage Reservoir Requirements
Elevated Storage:
Elevated Storage serves several functions in a water distribution system. It provides a source of emergency
supply for fire fighting; assist in providing a uniform pressure gradient across the distribution system, and
provides for emergency source of water and pressure in the distribution system in the event of power outages.
However, the elevated storage tank's most frequent and important function in the water distributions system is
to provide a source of water during periods of peak demand.
The City of Coppell currently has 3.5 million gallons of elevated storage (1.5 mg in the Southwestern
Elevated Storage Tank and 2.0 mg in the Wagon Wheel Ranch Elevated Storage Tank). This capacity
exceeds the Texas Natural Resource Conservation Commissions minimum standards for public water
systems, the State Board of Insurance minimum standards for fire protection and is adequate for future
growth. However, the existing capacity will not be adequate for meeting future peak hour demands. Using a
six-hour supply during the peak demand period, these two tanks combined contribute water to the distribution
system at a rate of 14 mgd. Assuming the pump stations pump the maximum day rate of 25 mgd, the total
water distribution system capacity to meet the peak hour demand is 39 mgd (14 mgd from elevated storage
plus 25 mgd from pumping). The estimated future peak hour demand is 53 mgd, or 14 mgd more than the
system can provide. This 14 mgd deficiency represents the need for an additional 3.5 million gallons of
elevated storage.
Although the calculations show additional elevated storage is required to meet the peak hour demand using a
baseline pumping approach, the existing elevated storage capacity does meet the minimum state regulated
requirements. Given the configuration for the existing water system and general lack of additional acreage
suitably located for elevated, we recommend the City consider building additional capacity into the pump
station facilities in order to meet future peak hour demands rather than building additional elevated storage.
Mr. Kenneth M. Griffm, P.E.
Director of Engineering & Public Works
City of Coppell
March 30, 2001
Page Number 4
Pump Station Recommendations
With the approach outlined above, we recommend the City of Coppell plan for a total pump station capacity
of approximately 40 million gallons per day. The current firm capacity of the Village Parkway Pump Station,
with the largest pump out of service, is estimated to be in the range of 27 million gallons per day. Recall that
last summer, as much as 30 mgd was pump from this station. The TNRCC requires the firm capacity of the
pump station be calculated with the largest pump out of service. The Village Parkway Pump Station has no
ability to be readily expanded. Therefore, we recommend the City consider construction of a new pump
station located in thc general vicinity of thc Dallas Water Utility supply line. We recommend the station be
sized for a firm capacity of no less than 13 mgd. The attached exhibit shows a pump station site currently
under consideration by the City (Star Leaf Pump Station). This site is near the Dallas supply line and is
located favorably to meet the hydraulic conditions of the City's distribution system.
We recommend the first phase construction include a pump station building with slots for four pumps, with
two pumps being installed initially. The pumps are expected to be vertical turbine pumps installed inside the
pump building. Thc pump building will also house the pump control valves, isolation valves, discharge
header, motor control center and the SCADA panel. We envision the pump station building to be constructed
of CMU block with a decorative brick veneer to match the surrounding development. The building will likely
be founded on a concrete foundation supported on drilled concrete piers. We have included an overhead
monorail crane with a push trolley and hand hoist for equipment manipulation inside the pump building.
Our vision for Coppell's future pump station is reflected in the enclosed pump station conceptual site plan and
pump station elevation view. Our conceptual layouts are based on our recent conferences with your staff
where we discussed the project parameters.
Ground Storage Recommendations
In addition to pump capacity, the distribution system will also require ground storage reservoirs sized
adequately to meet thc Texas Natural Resource Conservation Commission's (TNRCC) minimum
requirements and to insure a reliable supply of water during periods of peak demand. We recommend the
City consider no less than 4 million gallons of ground storage at the Star Leaf Pump build out. This amount
will provide for a 6-hour supply of water during the period of peak demand in the event of a disruption of
service from the City's water supplier. From our discussions with your staff, we recommend the ground
storage reservoir capacity be constructed in two phases: 2 million gallons initially followed by a 2 million
gallon reservoir in the future.
Opinion of Cost and Schedule
Based on our enclosed conceptual site plan, sketches and assumptions outlined above, our opinion of probable
construction cost for the first phase of the Coppell Pump Station, Supply Meter Station and 2.0 million gallon
Ground Storage Reservoir is in the range of $3,000,000. The budget includes an amount for engineering
design, construction administration and materials testing. It does not include an amount for acquisition of
land, land surveys nor preparation of plats. We are enclosing a copy of our itemized opinion of cost for your
review.
Geographic Water Consumption Evaluation:
Using the average of water billing records for the months of July, August and September, 2000, the total
monthly consumption was 3?5,000,86?. Dividing this number by 30 days per months results in an average
daily use of 12.5 MGD. Again, this average use is based on billing data and does not include system losses.
Mr. Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
City of Coppell
March 30, 2001
Page Number 5
We next divided the City into four quadrants and using the City's GIS database, we estimated the total
consumption per quadrant as follows:
City Quadrant Total Monthly Percent of City
Use (biG) Wide Total Use
Northwest: 67 18%
Northeast 111 30%
Southwest 92 24%
Southeast 105 28%
Total Use: 375 100%
If the City elects to proceed with a water conservation program that includes reslxictions on outdoor water
use, we recommend consideration be given to implementing a plan that program that balances the daily water
use. A plan that implements restrictions based on geographic regions of the City rather than the citywide
program currently in place would assist in that effort. We suggest splitting the City along Sandy Lake Road,
allowing outdoor use in the northern half and the southern half of the City on alternating days. Based on last
summers billing records, this would roughly split the system demand (48% in the north half, 52% in the south
half).
We are available to discuss our evaluation of your water system needs; the conceptual pump station design,
budget estimate and water conservation recommendations further at you convenience.
Enclosures
SHIMEK, JACOBS & FINKLEA, L.L.P.
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225-5816
Fax (214) 361-0204
Phone (214) 361-7900
To:
From:
Date:
Subject:
Mr. Kenneth M. Griffin, P
March 1,2001
City of Coppell - Water System Aflalysis
PRELIMINARY DESIGN NOTES
PLANNING AREA
Current City Limits ...............................................................................................
9,410 Acres
14.7 Square Miles
II.
POPULATION PROJECTIONS
Current Population Estimate ' 35,000
Estimated Build-Out Population ......................................................................... 37,000
(Source: City of Coppell Comprehensive Plan)
IlL
SERVICE CONNECTIONS (2000)
Residential .................................................................................................... ...... 10,300
Commercial ................................................................................................................ 801
City ..................................................................... ~ ......................................................... 92
Total: 11,193
IV.
MAXIMUM DAY DEMAND (HISTORIC)
* 23 MG
August 1,2000 ........................................................................................................
Average Maximum Daily Demand ............................................................................ 17 MG
* Coppell implements a Water Conservation Plan that requires a citywide irrigation schedule. The schedule
allows irrigation on certain days of the week. This inflates the maximum day demand to 23 MGD. On
average through these periods, of high demand, the City used no more than 17 MGD supply from City of
Dallas. Suggest for this analysis we use 20 MGD as the maximum day demand.
MAXIMUM HOURLY DEMAND
August 1, 2001: ~' Pump .................................................................................. 30 MGD
~ Elevated Storage Tank 1: 6oFoot Drop ......................... 0.23 MG
Elevated Storage Tank 2: 6-Foot Drop ......................... 0.3 MG
= 0.53 MG Per Hour
= 12.6 MGD
Total Maximum Hour Rate: [42.6 MGI~
MAXIMUM DAY TO MAXIMUM HOUR RATIO
20 MGD:42.6 MGD
Ratio, Max Day to Max Hour = 1:2.13 Seems High
Note: This is somewhat high ratio; may be artificially inflated due to irrigation schedule.
PER CAPITA DEMANDS
A. Maximum Day Demand
1) 20 MGD =
35,000
2) 20 MGD
10,300 conn.
Peak Hour Demand
1) 42.6 MGD
35,000
2) 42.6 MGD
10,300 conn.
SYSTEM PROJECTIONS
Maximum Day = 37,000
X
Maximum Hour = 37,000 x
571 gpcd
1950gpd/conn.
1217mgd
4,135 gpd/conn.
571 = . .................................................... 21.1 MGD
1,217 -- . ....................................................... 45 MGD
53
j:~,cle~ 1~2001. i 06\l~t~,~:em~kxlnelim dmign-m~mo, ckn:
Page 2 of $
ELEVATED STORAGE RECOMMENDATION
A. Base Line Pump Approach
1) Pump Maximum Day (100%)
2)
Elevated Storage Provides Capacity for Maximum Hour
Maximum Hour .........................................................................................
Maximum Day ...........................................................................................
53 MGD
25 MGD
28 MGD Rate
3) Elevated Storage Capacity (6-Hour Supply) .............................................. 28 MGD x 24 + 6
=TM
4) Current Elevated Storage Capacity ........................................................... 3.5 MG
Deficiency = ~.5 MG NG
B. TNRCC Maximum Requirement
100gallon/corm 100 x 12,000 ......................................................... 1.2 MG O.K.
Co
State Insurance Minimum Requirement
130 gpcd x 37,000 x 10 Hr .................................................................... -- 2.0 MG
24 Hr.
PUMP STATION RECOMMENDATIONS
A. Hold Current Elevation Capacity (3.5 MG)
Maximum Hour Demand ................................................................................... 53 MGD
Contribution from Elevated Storage Tank 3.5 MG x 24 Hr .......................... 14 MGD
6 Hr. Supply
39 MGD
B. Pump Rate Required ..........................................................................................
Use: 40 MGD
(160% of Max. Day)
CURRENT PUMP STATION CAPACITY
Village Parkway Pump Station
Firm Capacity: Pumps 1 + 2 + 3 ................................................................. 27 MGD
Pumps Out of Service: 4, 5 and 6
Page 3 of $
STAR LEAF PUMP STATION REQUIREMENTS
A. Capacity: 40 MGD - 27 MGD ....................................................................... [:13 .MGD Fin~
B. Pump Recommendation: Hp = 13 x 1.55 x 215 x 62.4 .......................... 650 Hp
.90 x .85 x 550
Recommend: 4 - 250 Hp Pumps (One on Standby)
GROUND STORAGE REQUIREMENTS
A. Total Storage ~ 50% Maximum Day Pump ..................................................... 20 MO
Current Capacities: Village Parkway Ground Storage ............................ 10 MG
Elevation ................................................................. 3.5 MG
13.5 MG
Star Leaf Pump Station ........................................... 6.5 MG
B. 6-Hour Supply ~ Maximum Pump Rate
40 MGD x 6 + 24 ' 10 MG Total
Co
6-Hour Supply ~ Star Leaf
3.25 MG
13MGD x 6 + 24 ........................................................................................
IUse: 4 MG]
Total System .................................................... 14 MC} G.S.
3.5 MG E.S.
117.5 MG Storage]
C.I.P. SCUEDULES
A.
Current Operating Conditions
Current Maximum Day Demand ....................................................................... 20
Current Maximum Hour Demand ...................................................................... 43 MGD
Village Parkway Pump Station Pumps 1 - 4 Running ........................... 31 MGD
Elevated Storage Maximum Capacity .................................................... 14 MGD
Total 45 MGD
Under current operating conditions, only 2 MGD maximum htur capacity is available.
2 MGD + 1200 gpcd ........................................................................ 1.600 oersons
Page 4 of $
Bo
If no Alternate Schedule on Conservation
Maximum Day ................................................................................................... 17 MGD
Maximum Hour .................................................................................................. 36 MGD
Village Parkway Pump Station Pumps 1 - 3 Running ........................... 27 MGD
Elevated Storage Maximum Capacity .................................................... 14 MGD
Total: 41 MGD
Under the suggested revised condition, pump station and elevated has 5 MGD additional capacity
® maximum hour or approximately 4,000 more rev/corm population.
XV.
RECOMMENDATION
Depending on system operation, the Village Parkway Pump Station has capacity to support an additional
1,$00 to 4,000 more residents or equivalent commercial growth. We recommend you move forward
with design of Star Leaf Pump Station now for an in-service date within next 2-years.
The pump station should be designed for a minimum of 14 MGD with at l~a~t 4 MG ground storage.
We recommend two 2-MG ground storage tanks for the site to provide operational flexibility and ease
of maintenance.
The recommended pump station capacity can be met with construction of four 250 HP pumps. A
schematic layout of the pump station and conceptual site plan is included.
GEOGRAPHIC WATER CONSUMPTION EVALUATION:
Using the average of water billing records for the months of Suly, August and September, 2000, the total
monthly consumption was 375,000,867. Dividing this number by 30 days per months results in an
average daily use of 12.5 MGD. Again, this average use is based on billing data and does not include
system losses.
We next divided the City into four quadrants and using the City's GIS database, we estimated the total
consumption per quadrant as follows:
City Quadrant Total Monthly Percent of City
Use 0MG) Wide Total Use
Northwest: 67 18%
Northeast 111 30%
Southwest 92 24%
Southeast 105 28%
Total Use: 375 100%
If the City elects to proceed with a water conservation program that includes restrictions on outdoor
water use, we recommend consideration be given to implementing a plan that program that balances the
daily water use. A plan that implements restrictions based on geographic regions of the City rather than
the citywide program currently in place would assist in that effort. We suggest splitting the City along
Sandy Lake Road, allowing outdoor use in the northern half and the southern'half of t.he City on
alternating days. Based on last summers billing records, this would roughly split the system demand
(48% in the north half, 52% in the south half).
Page $ of $
CITIZENS' APPEARANCES
ORDINANCE NQ 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
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 CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
1-10-6.2.1 Subj__e~_ Not Ap_bearing_ on the _Asenda
Persons wishing to speak on any matt. er other than an item scheduled for a public heating on the agmda,
must sign a register and list their residence addre~, provided by the City Seeretaxy on a table outside the
Council Chambers, and such persons may be heard only at the "citizena Appearance# portion of a regular
meeting or special meeting Each speaker must state his or her name and addre~ of residence. Presentations
by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual
spealceds time may be extended for an additional two (2) minutes with the approval of a majority of the
Council memlaers present. There shall ~ a cumulative limit of twenty (20) minutea allotted of any regular or
special Colmeil 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~ REVIEW:
T H · · C I T Y · 0 ·
C-OPPEEL AGENDA REQUEST FORM
CITY COUNCIL MEETING: April 10, 2001 ITEM #
ITEM CAPTION:
Consider approval of minute~:
March 27, 2001.
SUBMTITED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ _ AMT. EST. $ +k-BID
FINANCIAL COMMENTS:~N'I;
DIP.. INITIALS: FIN. REVIEV~ CITY MANAGER RE
A~mda Req~s~ Fo~m - Revis~ ~/00 ~Name:
MINUTE8 OF MARCH 27, 2001
The City Council of the City of Coppell met in Regular Called Session on.
Tuesday, March 27, 2001, at 6:00 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, CoppeR, Texas. The fonowing members were
present:
Candy Sheehan, Mayor
Larry Wheeler, Mayor Pro Tern
Greg Garcia, Councilmember
Jayne Peters, Council--ember
Diana Raines, Councilmember
Marsha Tunnell, Council.ember
Doug Stover, Council. ember
Bill York, Council. ember
Also present were City Manager Jim Witt,
Attorney Robert Hager.
REG~ SESSION
Public}~
and City
into Work Session.
to the Public}
Am
Boards and Commissions.
of Agenda Items.
8Eg~ION (Open to the Public)
t. Invocation.
Pastor Wayne McDonald, Metrocrest Community Church, led those present in
the invocation.
4. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
5. PROCLAMATIONS:
Ao
Consider approval of a proclamation naminf Wednesday,
March 28, 2001 as ROTARY AWARr~B88 DAY, and
authorizin~ the Mayor to sign.
Bo
Consider approval of a proclamation naming March 2001
as MENTAL RETARDATION AHD DEVELOPMENTAL
DISABILITIF, S AWAREIqESS MONTH, and authorizing the
Mayor to sign.
Mayor Sheehan read the Proclamation for the record
the same to Dr. Peter Lecca and David Cary.
Councilmember Tunnell moved to
Wednesday, March 28, 2001 as
authorizing the Mayor to sign.
the motion; the motion
and Councilmembers
York voting in favor
Mayor
;S,
naming
DAY, and
· seconded
Wheeler
Stover and
B. Mayor
the presented
a Proclamation naming
AND DEVELOPMENTAL
and author/zing the Mayor to
seconded the motion; the motion
Pro Tern Wheeler and Councilmembers
, Tunnell, Stover and York voting in favor of
Appearances.
Rene' Lawson, 336 Plantation, spoke about naming parks.
5
Consider approval of the fonowinf consent qenda items:
A. Consider approval of minutes: March 6, 2001.
CM03272~1
Prise 2 of 13
· i~ :i :-II I I
Be
Ce
De
Consider approval of an Inter4m Right-of-way Use
Agreement between the City of Coppell and CoServ
Communications for the use of right.f-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 sign.
Consider approval of an Interlocal
Town of Flower Mound and the City
extension of Lakeside Parkway
Coppell) northwesterly from
authorizing the Mayor to
the
within
and
Consider approval
#010996.3, as
to Refuse
the
Order to the Dean
2 Development of
and install conduit for
Road, in the amount of
the President of the CRDC to
York moved to pull Item C from the Consent Agenda.
Councilmember York moved to approve Consent Agenda Items A, B, D, E
carrying Resolution No. 2001-0327.1, and F. Councilmember Raines
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.
CM03272001
Page 3 of 13
7C.
Consider approval of an Integra 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.
Councilmember York moved to move Consent Agenda Item C to the
April 10th agenda. 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 HFARI3qG:
Consider approval of Case No.
request to mend PD-94, 8F-9
Fmily-9) to PD94R,
family-9} to allow an
required eight (8) foot
acre of property located
Presentation:
of
chau e
single
into the
0.8 of an
Services, made a
Hearing and advised that no one had
Tunnell moved to close the Public Hearing and approve
following:
Item No. 8:
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.
CM03272001
Page 4 of 13
Item No. 9:
Ordinance No. 91500-A-290 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.
Councilmember Stover 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.
e
Consider approval of an Ordlnmnce for
zoning change request to mend
Development-SM, Single Family-9!
Development-94R, single family-9!
existing home into the
approximately 0.8 of an of
Drive, and authorizing
Item 8 for :s.
8F-9,
(Plannecl
of the
yard, on
637 Swan
a
mt to Section 34-2-
to lengthen the time limit
planting of replacement trees from
to a six-month extension.
Sieb, Director of Planning and Community Services, made a
to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak and that the applicant was present to answer any
questions.
CM03272001
Pal~ 5 of 13
Action:
Councilmember Tunnell moved to approve the 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. 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.
11.
Consider approval of an Ordinance for Case No.
Valley hnch Phn, zoninf cbanfe request for
PD-157RS-C (Planned Development,
the planned development conditions to
the McDonald's Playplace and to
Phase I1 from 10,000 square
property located at the
and S. MacArthur
Presentation:
Services,
zoned
of
size in
feet for
Road
Mayor to
made a
to approve Ordinance No. 91500-A-291
Ranch Plaza, zoning change request for
rRS-C (Planned Development, Commercial) by
development conditions to permit the enclosure of
Playplace and to reduce the building size in Phase II from
D square feet to 8,000 square feet for property located at the
comer of E. Beltline Road and S. MacArthur Boulevard, and
authorizing the Mayor to sign. Councilmember Raines 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.
CM03272001
Page 6 of 13
12.
PUBLIC HRARIIIG:
Consider approval of the Cue lio. PD-114R, zoning change
request from PD-114-SF-7 (Planned Development-Il4, 8ingle
Family-7] and aF-12 (Single Family-12! to FD-114R (Planned
Development- 114R, Residential/Rest Home/liming Home), to
allow the development of a Retirement Community on
appro~4mately 50.17 acres of property located along the south
side of Sandy Lake Road, 1200' east of MacArthur Boulevard.
Presentation:
Gary Sieb, Director of Planning and Community
presentation to the Council.
a
Monsignor Broderick, Applicant, made a
Jim Phillips, Project Architect, made a
Joe Dingman addressed
Center.
PubUc Hearing:
asked wishing
Eric Wewers, 135
Jay spoke in favor of the
the Public Hearing on Item 12 with the
and applicant a~rec to move the ~round storage
facility to the location shown on the site plan. (This
condition is currently being pursued by beth part~es.)
Star Leaf Street is extended to Sandy Lake Road subsequent
to the land swap between the applicant and the City.
Provide at least one parking space for each unit constructed
in this development in Phase I and to review the contingency
plan for the beginning of Phase II.
CM03272~1
Page 7 of 13
Change building materials from stucco and stone to brick
and stone and revise the color as shown with these two
displays, as presented in the £mal presentation.
Abide by Departmental comments. (Engineering and Leisure
Services).
In lieu of the $1,285 parkland acquisition fee, a donation of
$125,000 to be eai-iiiarked for the Senior Center, the
exchange of the other two acres of land on the Southeast
side of the roadway, and the trail easement be accepted.
$62,500 of this fee will be due at Phase I and $62,500 due
Phase II at the Certificate of Occupancy.
Remove note from face on page 12 of
states 85% stucco.
o
Floor plans for the facility will be
infori-aation for the
in the of
Mayor Pro Tem Wheeler
with Mayor
Raines,
of the
carried 7-0
Peters,
tel-In
of appointin~ Rene' Lawson as a reLmlar
Parks and Recreation Board to fill the
of Diana Ralnes which expires October
Consider approval of appointin~ two alternate members of
the Parks and Recreation Board, one tern 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.
Presentation:
Mayor Pro Tem Wheeler made a presentation to Council.
CM03272001
Page 8 of 13
Action:
Mayor Pro Tem Wheeler moved to appoint Rene' Lawson as a re~lar member of
the Parks and Recreation Board to fin the unexpired term of Diana Raines which
expires October 2002; Brent Wooten as an alternate member to fin the unexpired
term of Rene' Lawson which expires October 2001 and David Casfillo as an alternate
member to fill the unexpired term of Lynn Kees which expires October 2002.
Councilmember Garcia 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 an ordinance of the City of Coppell,
Ordinance No. 98822, as amended,
infrastructure maintenance land by
funded; and authorizing the Mayor to
amount
Presentation:
Jim Witt, City Manager, made(
Clay Phillips,
Council.
since
amount will be
should be a budgeted item,
Peters moved to approve Ordinance 'No. 2001-939 of the
~ Texas, amcndin[~ Ordinance No. 98822~ as amended,
an infrastructure maintenance fund by amending the
funded; and authorizing the Mayor to sign. Councilmember
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.
15.
Consider approval of an Ordinance mending 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
CM05272001
Pa~ 9 of 13
messed value in an amount no less than five thousand dolim
($5,000.00) for individuab who are owners of residences,
providing a repealing clause, providing a severabflity clause,
and providing an effective date, and authorizing the Mayor to
sign.
PUBLIC COMMEI(T: The public is invited to make comments
to the City Council durin the discussion of this qenda item.
Presentation:
Mayor Sheehan made opening remarks to Council.
Jim Witt, City Manager, made a presentation to
Public Comment:
There was no one signed up the
session.
Comment
Issues Discussed:
how
have
of funds will affect City
time to give a tax
ble to the tax break the
of the current economy; this
staff provided info~i, ation about
budget in the future; how this will affect
on the recent bond projects; and how
the City's 5-Year Plan on completion of the
Councilmember Stover moved to approve Ordinance No. 2001-940
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. Councilmember York seconded the motion; the motion
carried 4-3 with Councilmembers Peters, Raines, Stover and York voting
CM03272001
Pase 10 of 13
in favor of the motion and Mayor Pro Tern Wheeler, and Councilmembers
Garcia and Tunnell voting against the motion.
16. Consider approval of renaminf park sites as proposed by the
Parks and Recreation Board.
Presentation:
Gary Sims, Director of Parks and Leisure Services, made a presentation
to Council.
Issues Discussed:
There was discussion regarding the original
is Andy Brown;
Action:
Councilmember York moved
That area West
and who
follows:
Brown Jr.
That
of Denton Tap Road to be
Park Central;"
and West of the new practice
to be designated as "Andrew Brown Jr.
and East of the practice facility at the end of Moore
as "Moore Road Park".
action resulting from Work Session.
There was no action necessary under this item.
18.
City Manager's Report.
A. Update on Wagon Wheel and MacArthur Parks.
B. Budget Update.
CM032'72001
Pa~e 11 of 13
Jim Witt, City Manager, presented an update on Wagon Wheel and
MacArthur Parks.
Jim Witt, City Manager, presented an update on the budget.
19.
Mayor and Council Reports.
A. Report by Mayor Sheehau
C0
Commerce Retreat.
Report by Mayor 8heehn
Update/DFW Airport Leflalation.
Do
Fo
re&~Lrdinf Chamber of
re4urdinf Legislative
Report by Mayor 8heehau regardinf Mayor's
Report by Mayor 8heehau refardin~
TXDOT Presentation.
Report by Councilmember
Washinfton.
Report by Councflmember
Report by
AcMevement.
Events.
Junior
Mayor
will be
of Retreat
present
please it to Sharon
who will be attending the
Fo
presentation they made to the
Airport Legislation.
on the Mayor's Breakfast that was held
24th for the Chairs and Vice-Chairs of the various
Commissions.
Mayor Sheehan announced that the Mobility TXDOT Presentation
will be held on March 29, 2001.
Councilmember Tunnell reported on the NLC meeting she attended
in Washington.
Councilmember Raines announced that the YMCA run normally
held in April and will be held June 2nd this year and discussed
some of their current classes.
Councilmember York reported on success of the Junior
Achievement Job Shadow Day which was held March 21,2001.
CM03272001
Page 12 of 13
20. Necessary Action Resulting from Executive Session.
There was no action necessary under this item since there was no Executive
Session held.
There being no further business to come before the City Council, the meeting
was adjourned.
ATTEST:
Candy Sheehan,
!
Libby Ball, City Secretary
CM03272001
Page 13 of 13
CITY COUNCIL MEETING: April 10, 2001 ITEM #
ITEM CAPTION:
Consideration and approval of awarding Bid Q-0201-01 - HVAC Maintenance Contract to Invensys Building
Systems in the amount of $62,400.00 as budgeted for a one year period beginning May 1, 2001, with renewal
options for an additional 4 years, and authorizing the City Manager to sign.
SUBMITTED BY:
TITLE:
STAFF COMMENTS:
Sh~i Moino ~
Facilities Manage~
Bid Q-02-01-01 for HVAC Maintenance opened on March 21, 2001. A mandatory pre-bid conference and
site visit for bidders to examine the included HVAC equipment was conducted on March 13, 2001. The final
bid tabulation is attached.
Invensys Building Systems (Iow bidder) has been the City of Coppell's HVAC contractor since 1997. The
current contract amount is $48,237.00. The increase in this bid is due in part to the addition of the Aquatic
Center, Animal Shelter, and new units at the Arts Center.
Invensys Building Systems' bid is much lower than the other two bidders. Invensys Building Systems
explained that they were better able to determine the existing condition of our older equipment since they
have been maintaining our buildings for the last four years. However, all bidders were provided information
on the current equipment with all questions answered during the mandatory site visit. I have included a copy
of the general specifications and equipment list that was provided to the bidders. Invensys Building Systems
also took into consideration that our newer equipment is under a manufacturer's warranty resulting in lower
anticipated repairs/breakdowns.
Invensys Building Systems has been very responsive in addressing our HVAC maintenance needs. Therefore,
staff recommends award of Bid #Q-0201-01 for I-IVAC Maintenance to Invensys Building Systems in the
amount of $62,400.00 with renewal options for an additional 4 years.
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
+\-BID $
Funds for this contract have been budseted in Facflities la--aSe~ent,
Haintenance 01-03-13-3110
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
FIN. REVIEW:~
CITY MANAGER REVIEW:
Document Name: #hvae
Y
Memorandum
Date: March 27, 2001
To: Ken Griffin, City Engineer
From: Jim Ragsdill, Purchasing Agent
Reason: HVAC Maintenance Contract
Bid Q-0201-01 HVAC Maintenance Contract closed March 21,2001. Three bids
were received. Attached is a copy of the tabulation as well as a copy of each bid.
Since the total is over $50,000, please make a recommendation to the City
Council for approval. When the contract is awarded forward a copy of the
approval to the Purchasing Department and we will issue a notice to proceed.
Purchase orders will be issued as needed~
If you have any questions or concems feel free to give me a call, ext. 3643.
Bid Q-0201-01 HVAC Maintenance Contract
Bid Tabulation
Company
Invensys Building System
Bid
$62,400.00
Apex Services, Inc. $194,598.00
DMI Corp., Decker Mechanical $145,325.00
BID Q-0201-01 HVAC MAINTENANCE CONTRACT
6.2
6.3
Contractor shall supply the City of Coppell the following emergency numbers 1) On call
service technician's cell phone, pager, and home number 2) Backup on call service
technician's cell phone, pager, and home number 3) On-call supervisor's cell phone and
home number 4) Manager's cell phone and home phone number 5) Owner's/Principal's
phone number
Failure to respond to an emergency request within the two hour time frame (unless
mutually agreed to by Contractor and Facilities Manager) will result in the City contacting
another HVAC contractor to respond, and the cost for repair will be deducted from the
agreement amount.
7.0
GENERAL SPECIFICATIONS
7.1 Contractor shall perform full service repair on all HVAC equipment as required by the City
of Coppell to ensure proper operation and efficiency of said components (see attached
equipment list: Non-Inclusive).
7.2 Contractor is responsible for the repair and/or replacement of all thermostats.
7.3 Contractor shall have a working supervisor perform a visual inspection with facilities
personnel of all equipment at all facilities every two (2) weeks to ensure equipment is well
maintained and sites are clean. This site visit must be scheduled with facilities staff in
order to prevent any conflicts with other activities.
Contractor will not be responsible for equipment failure due to acts of God.
Contractor will not be responsible for design improvements, duct work, installation, or
other design changes under the terms of this agreement. However, contractor is
expected to give insight and suggestions in any design changes that could benefit the City
of Coppell.
7.6 Contractor shall perform and document oil and refrigerant analysis for wear metals, acid,
and moisture content.
7.7 Contractor shall inspect, test, document, adjust, and lubdcata (for preventative
maintenance purposes) all equipment/systems to include the following list (non-inclusive)
or as directed by facilities in addition to the manufacture's recommended preventative
maintenance procedures.
7.4
a}~~lnspect lubrication of all moving parts.'
b)
c)
e)
0
g)
h)
i)
J)
Adjust all system components including motors, starters, ddves, and a~essodes.
Check for refrigerant leaks, repair and refill as necessary.
Maintain automatic temperature controls.
Clean or replace filters as required.
Replace equipment, devices, system, or components not in proper working order.
Check drain pans and clean.
Check belts' end pulleys for wear and replace as needed
Inspect/Perform water analysis - chemically treat as needed
Clean area around mechanical equipment.
~rl'Y OF CoPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD · COPP¢1 [. TEXAS 75019
Page 14
BID Q-0201-01
HVAC MAINTENANCE CONTRACT
a)
b)
c)
d)
e)
0
g)
h)
Inspect for leaks (all units)
Check operating conditions and adjust as needed
Clean coil external surface with chemical and high pressure spray
Inspect chillers and make adjustments as required
Inspect boilers/burners and make adjustments as required
Check & record oil pressure
Check high-pressure safety valve (temperature controls)
Replace air filters.
SEMI-ANNUALLY-
a)
b)
c)
d)
e)
0
g)
h)
i)
Check and dean fan assembly
Tighten all nuts/bolts
Check motor mounts and vibration pads and make adjustments as needed
Inspect electrical connections and contractors
Check fan operation (air handlers)
Check and clean drain pans
Check refrigerant pressure and temperature
Clean condenser and cover grills
Check pump operations (lubricate bearings)
ANNUAL
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
I)
m)
n)
COOLING STARTUP
Remove all debris from around rooftop units
Check unit for refrigerant leaks'
Check and calibrate safety controls
Check and clean fan blades as needed
Check damper, operation
Check motor operation
Inspect coils for blockage
Change oil and refrigerant filter drier as needed
Inspect/replace filters
Inspect electrical connections, contactors, and relays
Start water chillers
Verify gauges for accuracy
Lubricate all moving parts
Inspect/replace belts as needed
ANNUAL HEATING STARTUP
a)
c)
d)
e)
0
g)
h)
i)
J)
h)
Check burners or heating elements
Inspect and tighten electrical connections
Check heating coil
Check operation and calibration of gas train components
Check burner operation sequence
Check combustion and adjust for maximum efficiency
Clean combustion blower as needed
Inspect heat exchanger
Brush & vacuum soot and dirt from flues and combustion chamber (hot water
boilers)
Visually inspect for leaks
Visually inspect pumps
pa~e t$
HVA( MAINTENANCE CONTRACT
BID Q-0201-01
7.6
7.7
7.8
7.9
7.10
7.11
7.12
i)
Inspect and start up hot water boilers
Contractor shall supply at his expense, all parts, components, devices, or equipment as
necessary including refrigerants. Quantity used must be documented on associated work
order.
Parts requiring replacement shall be of the newest design available provided they are
compatible with end-use equipment and functionally equivalent.
Replacement filters will match existing Antimicrobial filters.
Contractor shall be responsible for removing all debris from the site and clean affected
work areas. Contractor shall keep the premises free of debris and unusable materials
resulting from their work.
If the work performed requires the use of any product which contains any ingredient that
could be hazardous, a Material Safety Data Sheet (MSDS) must be submitted to the
Facilities Manager prior to the use of said product.
All work performed under this agreement shall conform to all local, state, and federal code
and safety regulations.
The work described in this specification shall be done with the least inconvenience to the
City of Coppell's operations. The amount of time that normal operations are to be
interrupted must be kept to an absolute minimum and shall be approved and coordinated
with the Facilities Manager. Appropriate notification must be given to City of Coppell's
personnel while on-site at any facility. Any necessary overtime is to be included.
8.0
EQUIPMENT LIST fNon-lnclusive)
See Attachment "A"
CIT~' OF COPPEU- · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · CG~--~*~'''~;. TEXAS 75019
Page lS
BID Q-0201-01
HVAC MAINTENANCE CONTRACT
MAINTENANCE SERVICES
CITY OF COPPELL
Schedule of Equipment
Page 1 of Attachment 'A'
Equipment Size Qty. Manufacture Model / Serial No. Coverage Location
r
(HP/TonslBT
U's)
~ir Cooled 5 Ton I Arcocaire HDA7546 Comprehensiv N. Service
e Center
Condensing Unit
Fan Coil Unit 5 Ton I Comfort DCYHD060 Comprehensiv N. Service
Maker 000817378 e Center
Air Cooled 4 Ton I ~rcocaire 208 3Ph. 19.2 FLA Comprehensiv N. Service
e Center
Condensing Unit
Fan Coil Unit 4 Ton I Trane TWE048C140B3 Comprehensiv N. Service
e Center
Split System w/ 5 Ton I Rheem RAK1060JAS Comprehensiv Fire
gas furnace 4987M03936552 e Admin.
Split System w/ 5 Ton 1 Rheem RAK1060JAS Cornprehensiv Fire
gas furnace 4987M03936556 e Admin. ...
Split System w/ 5 Ton I Rheern RAK1060JAS Comprehensiv Fire
gas furnace 4987M03936550 e Admin.
Roof Top Unit 4 Ton I Carrier 48TJDO06301BA Comprehensiv Senior
109G01275 · Citizen
Roof Top Unit 3.5 Ton I York D2ECO42N100 Comprehensiv Senior
e Citizen
RoofTop Unit 15 Ton I Lennox GCSl1953 89785DP Comprehensiv Arts
e Center
Split System 5 Ton 1 Trane TTA060C300A0 Cufnpmhensiv Nts
G26208983 e Center
Split System w/ 7.5 Ton 2 Lennox HS17-953-1Y Comprehe,-~ N'ts
,~_~ fum~'~ 5185B03680 · Center _
Reciprocating Air 50 Ton I McQuay ALRO50C Co,~ehensiv Town
Cooled Cb. lite' 5RB0701200 · .Center _
Reciprocating Air 70 Ton I McQuay ALR075C Comprehensiv Town
Coo_ ._l~d_ C~;~r 5P, B0701400 e Center
Chilled Water 7.5 HP I Aurora 2X3X11344ABF/150G Comprehensiv Town
Pump PM e Center
Chilled Water 7.5HP I Aurora 2X3X11344ABFI100G Cornprahensiv Town
Pump PM · Center
Air Compressor % HP I ACP Duplex Cornpmhensiv Town
e Center
Air Dryer 10 CFM 1 Hankinson 8010 00302A1 Compreher~i-¢ Town
e Center
CITY OF COPPELL · PURCHASING DEPARTMENT ° 25.5 pARKWAY BOULEVARD · COPpELl~ TE.'Z_~.$ 7501g
Page 17--
BID Q-0201-01
HVAC MAINTENANCE CONTI: CT
MAINTENANCE SERVICES
CITY OF COPPELL
Schedule of Equipment
Page 2 of Attachment 'A'
Equipment Size Qty. Manufactur Model I Serial No. Coverage Location
er
HP/TonslBTU'
s)
~ir Handler - 6 7.5 HP 1 McQuay LML114DH Comprehensive Town
3QM0022.004 Center 2~
Zones Floor East
Air Handier - 1' 3 HP 1 McQuay LSL106CV Comprehensive Town
3QM0021806 Center 2
Zones Floor East
~ir Handier - 8 7.5 HP 1 Mc'Quay LML114DH Comprehensive To~,n
3QM0021904 Center 2'~
Zones Floor West
Air Handler - 6 7.5 HP 1 McQuay LML114DH Comprehensive Town
3QM0022.204 Center 2
Zones Floor West
Co~p,-ehensive Town
Fan Coil Unit I Center
Nodh East
Split System 2.5 Ton 1 GE Comprehensive Senior
Cent~ (o~)
Split System I Co~prehensive Town
Nolttl East
Air Handler - 1 5 HP 1 McQuay LSL108CV Comprehensive
3QM0022406 Ce~.er 1
Zones Floor East
Air Handler - 7 7.5 HP I McQuay LML114CH Core--lye Town
Zones Floor East _
ReCiprocating Air ~0 Ton I C, ar~ 3o~~ c~'~,~ve
Com~e
Chilled Water Pump 2 HP 1 Aurora ' 94..1..0482344SSF
Chilled Water Pump 7.5 HP 1 Au~m 9410462344,%~F ~e
Air Handler 90 Ton 1 Can'ier ~ Comprehensive
Hot Wa~e~- Boiler 660,000 BTU I L_~himar PBN0750 F946851 ~ Ubra~ _
spr~t System 3 Ton I Ca'rier 38YCO2.4310 C~, ~,-~,~-~-~e Town
· FA4ANF024 Center
Air Condi§oner 2.5 Ton I HDC24-1AB Comprehensive Fire Admin.
9611030317
Roof Top Unit 4 Ton I Carrier 48'rJD009511BA Comprehensive Senior
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 pARKWAY BOUt tcV.~-~--n ' COPpI=I l. TEXA~ 755tg
~-GG 18
[] ; :1 II I i
BID Q-0201-01
HVAC MAINTENANCE CONTRACT
MAINTENANCE SERVICES
CITY OF COPPELL
Schedule of Equipment
Page 3 of Attachment 'A'
Equipment Size Manufactu Model I Serial No. Coverage Location
rer
(HP/TonslBTU's)
Roof Top Unit 6 Ton York DICG072N07946BD Justice
C NHEM092732 Center
Gas Fired
Roof Top Unit ,5 Ton York D2EG15016546JSB Comprehensive Justice
NCEM029347 Center
Gas Fired
Roof Top Unit 4 Ton York D6CG048N06046C Justice
NDEM041837 Center
Gas Fired
Roof Top Unit 7.5 Ton York DIEG090N13046D Comprehensive lustice
G GEM077351 Center
Gas Fired
Roof Top Unit 6 Ton York DICG072N9746BD Comprehensive Justice
C NHEM092730 Center
Gas Fired
Top Unit 5 Ton York D6CG060N7946C Comprehensive Justice
NEEM060486 Center
Gas Fired
RoofTop Unit 10 Ton York D1CG120N16546JS Comprehensive Justice
D NFEM069357 Center
Gas Fired
Roof Top Unit 6 Ton York :)1CG072N07946BD Comprehensive Justice
C NHEM092728 Center
Gas Fired
Roof Top Unit 5 Ton York D6CG060N7946C Comprehensive Justice
NCEM032399 Center
Gas Fired Justice
Roof Top Unit 6 Ton York DICG072N07946C center
NCEM028286
Gas Fired Comprehensive Fire Steaon
sprit System wi ;Ton H529653-24 #i21
Gas Furnace
58951.49771 Comprehensive Fire Station
WI 5 Ton HS296S3-24 #121
Gas Furnace
Roof Top Unit 7.5 Ton York DIEC-090N13046D Comprehensive Justice
G GEN077353 Center
Gas Fired
Split System Zone 5 Ton Cartier 38CKB060500 Comprehensive Fire Station
1197E16744 #122
I Gas Rred
Spr~t System Zone 5 Ton Carrier 38Ct(B060500 Comprehensive Fire Station
4796E14538 #122
2Gas Fired
Split System Zone 5 Ton 38C1(B060500 Comprehensive Fire Station
1197E16703 #123
1 Gas Fu~d
Zone 5 Ton Carrier 38CKB060~ Comprehensive Fire Station
1197E16646 #123
2 Gas Fired
CiTY OF coPPELL · PURCHASING DEPARTMENT · 255 pARKWAY BOULEVARD · COPPEU.. TEXAS 75019 Page 19
BID Q-0201-01
HVAC MAINTENANCE CONTRACT
MAINTENANCE SERVICES
CITY OF COPPELL
Schedule of Equipment
Page 4 of Attachment 'A"
Equipment Size City. Manufacturer Model I Serial No. Coverage Location
(HP/Tons/BTU's)
Roof Top Unit 15 Ton 1 C~rrier Model: 48H J0017 560YA Comprehensive ,auls Center
Serial: 3998F73846 Roof
Roof Top Unit 10 Ton 1 Carder Model: 50TJ-012 512GA Comprehensive Arts Center
Sedal: 2900G30321 Ground
Root' Top Unit #1 15 Ton 1 Trane Model: YCD18OB4LGEA Comprehensive
Voyager Sedal: P381017890 Center Root'
Roof Top Unit ~Z 50 Ton I Trane M:YCD600A4HE.2B2KF1 Comprehen.~ive A~,
Voyager Serial: CggH17259M Center Roof
Roof Top Unit #3 50 Ton 1 Tr3ne M:YCD600A4HF_2B2KF1 Comprehensive
Voyager Serial: C99H 17258M Center Roof
Roof Top Unit ~ 50 Ton I Trane SXHFC6040T45C58060 Comprehensive
I nteliipak Serial: C99H 17237M Center Root'
Split System ACCU-1 1.5 Ton 1 Trane XE. 1200 elodel: TTP018C100A2 Comprehensive Aquatic
Serial: P311PgYFF Center
F. qu~3ment
Split System FCU-1 1.5 Ton I Trane Model: TW~018P130B0 Comprehensive
Serial: P364POJ1V
Split System ACCU-2 .2 Ton I Trane XE1200 Model: 3-rP024C10OA3 Comprehensive .aquatic
Split System FCUo2 2 Ton I Trane Model: TWE024P130B0 Comprehensive Aqualic
ACC-1 1 Dectmn Type: CCGI06-g ~
PAHU-1 I Decaon TYI~..' CCG-~0~ ~ ACluatic
~ DS-242..43
~EPARTMENT · 2';5 PAR~WAY BOULEVARD ° COPPEU-, TEXA~ 75~1g Page 20
CITY OF COPPELL · PURCHAS
BID Q-0201-01
VAC MAINTENANCE CONTRACT
MAINTENANCE SERVICES
CITY OF COPPELL
Schedule' of Equipment
Page 5 of Attachment 'A"
Equipment
Size mufact
urer
(HP/'rons/BT
U's)
EF-
EF-
EF
EF-
Split System ;Ton rrier vl:CK5BXA060024
AAAA S:
AHU #1 3699X63371
Model / Serial No. Coverage Location
Comprehensive
Comprehensive
Comprehensive
rehensive
Comprehensive
Aquatic
Center
Bathroo
ms
Aquatic
Center
Pump
Room
Aquatic
Center
Acid
Room
Aquatic
Center
Acid
Room
Animal
Shelter
Split System 5 Ton Carder M: Comprehensive Animal
CK5BXA060024AA Shelter
AHU ~2 AA S: 3699X63368
Split System 3 Ton Cartier M: Comprehensive Animal
CKSBXT036017AA Shelter
AHU #3 AA S: 3499X47983
~lit System 3.5 Ton Carder M: Comprehensive Animal
CKSBXA042021AA Shelter
AHU ~ AA S: 4199X04045
Condenser Unit 5 Ton Carder M: 38TKB060330 Comprehensive Animal
S: 4599E02815 Shelter
#1
Condenser Unit 5 Ton Cartier M: 38'[1(B060330 Comprehensive Animal
S: 4599E02806 Shelter
ndenser Unit 3 Ton Cartier M: 38TKB036300 Comprehensive Animal
S: 4699E08877 Shelter
38TKB042300 Animal
Unit 3.5 Ton S: 4599E03136 Shelter
CITY OF COPPELL · PURCHASING DEPARTMENT · 2Ni PARKWAY BOULEVARD · COPPELL, TEXAS 7~tg Page 21
! I I
F
C 70-]j ELL AGENDA REQUEST FORM
CITY COUNCII~ MEETING: April 10, 2001 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance abandoning a portion of a right of way easement on Exchange Circle,
located on Lot 3, Block 2 of Gateway Business Park, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMlVIENTS:
Date of P&Z Meetixm: N/A
Decision of P&Z Commission: N/A
On March 6, 2001 City Council approved a replat for Lot 3, Block 2 of Gateway Business Park, subdividing
this into Lots 3A, 3B and 3C to allow for the development of an ofl~ce/warehouse building on Lot 3B. A
condition of the replat was the City Council's approval of the proposed abandonment of 16,807 square feet of
Exchange Circle and dedication of 5,820 square feet, allowing for the relocation of the cul-de-sac from Lot
3A to Lot 3C. The City has no utilities in this easement. The franchise utility companies have stated that
they do not have utilities in the easement and no plans to utilize the easement in the future.
Staff recommends approval.
Agenda Request Form - levised 5/00
CITY MANAGER REVIEW:
Document Name: ~}exchabanO
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A PORTION OF THE RIGHT OF WAY
EASEMENT ON EXCHANGE CIRCLE, CONTAINING 16,807
SQUARE FEET, LOCATED ON LOT 3, BLOCK ~1 GATEWAY
BUSINESS PARK, AS DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, IN EXCHANGE FOR THE DEDICATION OF 5,820
SQUARE FEET OF RIGHT OF WAY FOR EXCHANGE CIRCLE,
AS DESCRIBED IN EXHIBIT B; PROVIDING THAT S?,ID
ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT
MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS
COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell has determined that the fight
of way for a portion of Exchange Circle located on Lot 3, Block 2 Gateway Business Park,
an Addition to the City of Coppell, Texas and more particularly described in Exhibit "A"
attached hereto, is not being utilized and is no longer needed for City services; and
WHEREAS, the abutting property owner desires that said right of way easement be
abandoned; and,
WHEREAS, in consideration thereof said property owner has agreed to dedicate
5,820 square feet of land to the City of Coppell, Texas, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas finds and has
dct~mined that thc ri~ht of way casement for a portion of Exchange Circle located on Lot
3, Block 2 Gateway Business Park, an Addition to the City of Coppe11, Texas, and more
particularly described in Exhibit "A", attached hereto and made a part hereof for all
purposes, is no longer needed or necessary for public purposes and should be, and is hereby,
abandoned in favor of the abutting property owner, in exchange for the dedication of
additional right of way as described in Exhibit B, attached hereto and incorporated herein
by reference as if set forth in full.
SECTION 2. That upon dedication of 5,820 squar~ feet of land to the City by
the abutting property owner, this abandonment ordinance shall constitute acceptance of the
aforementioned dedication and Quitclaim Deed in favor of the abutting pwperty owner of
the property in Exhibit A, and a certified copy of the same may be filed in the Deed Records
of Dallas County, Texas, to indicate such abandonment.
PAGE ].
39934
I i
SECTION 3. That the abandonment provided for herein shall extend only to
the public right, title and interest which the City of Coppell, Texas, may have in and to said
right of way easement, and shall be consh'ued to extend only to such interests that the
governing body of the City of Coppell, Texas, may legally and lawfully abandon.
SECTION 4. That this ordinance shall become effective from and aRer its
passage as the law and charter in such case provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~
day of ,2001.
APPROVED:
CANDY SHEBHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ROBERT HAG, I~R, CITY ATTORNEY
(REH/cdb Y~9/01
PAGE2
3~34
I I TEMPORARy
: / DRA,NAGE
I I EASEMENT ~1
', ' (VOL. 99133.
J J PG. 00036)
'
I
EXHIBIT A
PAGE Z OF 2
LOT 3, BLOCK 2
GATEWAY BUSINESS PARK
(VOL. 99133, PAGE 36)
N
A= 246'25'18'
R= 60.00'
I T= -91.65'
L= 258.05'
C.B.=S55'lI'O2'E
100.40'
RIGHT-OF-WAY TO
BE ABANDONED
/
R= 40.00'
? ? ---- __
~o T= 26.19'
~ L= 46.37'
/ / .-- W/'DAV,S' C.B.=S34'48'SB'W
O (CM) 43.82'
j z 501'36'18'W
-- 44.35' /--PROPOSED
L
SJ.R. N88'23'42'W
W/CAP
W/CAP j N88'23'42'W
'O
LOT 2R, :
BLOCK 2 I CD ~;
GATEWAY '
BUSINESS I Ii I ~ I
(VoL 96167, PQ. 7179)I
' CD .L,Jw~c~
~ ~ 'DAVIS' CAP
I I,I !~ ,c~
POINT OF I
COMMENCING,
?
GATEWAY BLVD.
(70' R.O.W.)
BASIS OF BEARING BEING THE REPLAT OF LOT
& COMMON AREA l OF BLOCK Z GATEWAY BUSINESS
PARK A5 RECORDED IN VOLUME 99133, PAGE 00036,
PLAT RECORDS, DALLAS COUNTY, TEXAS.
SCALE: 1"=60'
o 20 40 60 9O
SCALE IN FEET
120
OF BEGINNING
LEGEND:
~Z' SET IRON ROO WITH YELLOW PLASTIC
CAP STAMPED 'HALFF ASSOC. INC.' [Z)C.A'130N MA~
FOUND IRON ROD t~TH NOT TO $CAL~
CAP STAMPEO
EXHIBIT A
RIGHI-OF-WAY ABANDONMENI
OF A PART OF EXCHANGE CIRCLE
OUT OF THE
S.A. & M.G. RAILROAD SURVEY, ABSTRACT No. 143'
CITY OF COPPELL, DALLAS COUNTY, TEXAS
FOR
CATELLUS DEVELOPMENT CORP.
PREPARED BY :
HALFF ASSOCIATES, INC,~ENGINEERS & SURVEYORS
8616 NORTHWEST PLAZA DR. DALLAS, TEXAS
SCALE: 1"=60' AVO 19177 JANUARY, 2001
19177 OGN=ITT-ABEX.d
LEGAL DESCRIPTION
EXHIBIT A
BEING a tract of land in the S.A. & M.G. Railroad Survey, Abstract No. 1439, Dallas County,
Texas, and being adjacent to Lot 1R, Block 2, Gateway Business Park and Lot 3, Block 2, Gateway
Business Park, Additions to the City of Coppell, Texas, as recorded in Volume 96167, Page 7179
and Volume 99133, Page 36, respectively, of the Deed Records of Dallas County, Texas,
(D.R.D.C.T.), and being a part of Exchange Circle, a publicly dedicated right-of-way (60 feet wide)
as dedicated by plat recorded in Volume 96167, Page 7179 of the Plat Records of Dallas County,
Texas (P.R.D.C.T.), and being more particularly described as follows:
COMMENCING at the northwest end of a comer clip located at the intersection of the north right-
of-way line of Gateway Boulevard (70 feet wide at this point) with the east right-of-way line of
said Exchange Circle; ~
THENCE North 01 degree 36 minutes 18 seconds East, along said east right-of-way line, a distance
of 428.50 feet to a 1/2-inch iron rod with a yellow plastic cap stamped "HALFF ASSOC. INC."
(hereafter referred to as "with cap") set for the POINT OF BEGINNING;
THENCE North 88 degrees 23 minutes 42 seconds West, departing said east right-of-way line and
crossing said Exchange Circle right-of-way, a distance of 60.00 feet to a 1/2-inch iron rod with cap
set on the west right-of-way line of said Exchange Circle;
THENCE North 01 degree 36 minutes 18 seconds East, along said west right-of-way line and the
east line of said Lot 1R, a distance of 136.00 feet to an iron rod with cap stamped "DAVIS" found
for the point of curvature of a circular curve to the right having a radius of 60.00 feet;
THENCE Northeasterly and Southwesterly, departing said west right-of-way line and said east line
of LOt 1R and along said circular curve and the northerly and easterly right-of-way line of said
Exchange Circle, through a central angle of 246 degrees 25 minutes 18 seconds, for an arc distance
of 258.05 feet to an iron rod with cap stam~ "DAVIS" found for the point of reverse curvature of
a circular curve to the left having a radius of 40.00 feet;
THENCE Southwcsterly along said circular curve and said easterly right-of-way line, through a
central angle of 66 degrees 25 minutes 19 seconds, for an arc distance of 46.37 feet to an iron rod
with cap stamped "DAVIS" found for the end of said curve on the aforementioned east right-of-
way line of said Exchange Circle and on the west line of the aforementioned Lot 3;
THENCE South 01 degree 36 minutes 18 seconds West along said east right-of-way line and said
west line, a distance of 44.35 feet to the POINT OF BEGINNING AND CONTAINING 16,807
square feet or 0.3858 acres of land, more or less.
Page 1 of 2
EXHIBIT B
7179
.00'
64'
.27'
UTILITY EASE
(By this Plot
~2o._o.o~_.
32.28'
_, 70'
TEMPORARY DRAINAGE
EASEMENT
(VOL. 99133, PG. 00036)
=: ii
kC)-
~-20' UNDERGROUND DRAINAGE
~' &. UTILITY EASEMENT
I /.. , ~ CVOL. 96167, PG. 7179)
· ._, ,/Z '~~: ~'~s'~'
o: v__ ~ ~ _] R: ~0.00'
Zl/ ,,.'-----. /~-'t'r:-91.65'
· ¢ ,q-?? It.: 25~.0s
/!~/ (o(3/ '~ ~__ m~.T-o,-..~_
' ~ -~ ' BT THIS PLAT
~ ,,/ /~'x_ FND. ,.R. ~ nS.SO? So. F'r. o~ 0.:3856 AC.)
I ./I / ,~_I YI/'DAYtS' / iA,= ~'25'!9'
--. L/ I/ :~ CAP- .....~.' / R- qO.O0'
,{ ~ '.~ ...~, -- - ,
~ ~44.35' I L-46.37
~7~
ACCESS
PRIVATE MENT / t,. ~l ~
,,,~2 / ~iR ~ - , ·
': ...................
-~_~ .oo:~ ~',' '~R: eo.oo,
-, ....... w .....~/ ~:~ ~T= 287.50'
~v,~,,. W/'0AVIS' /' ~=-- A ~- '~ '
(By seporo~e ~p / J ~:, .-'~
: ~}l X IR: 40.00'
. ~ ,..~: ~T- 26.19
~ ' ~1 ~L: 4637'
~ I m -
,Z
biX--o
F~D. ~ ~ I
CaP--~ m ~
s4e'~e'l,8'~
309.99'
, ,., FND. ~. - ' r--20' UTILITY FAS
I.~,/'- CAP J_cVOL. 90138 PG.
~-%_./_.F.I._.R .__
~,~.,.;.~'"x':~°':" '- h's'~;~'~.',i~';~'-"lr ..... -'"'47
03/80/2001 15:48 FAX 404 8Z$ 3509 SMITH,GAMBRELL & RUSSELL ~002
LEGAL DESCRIFI"ION
DEDICATION OF ADDITIONAL MXCH,A.NGE CIRCLE
RIGHT-OF-WAY
BBING a tract of land in the S.A. & M.G. P, aflroad Survey, Absirac~ No. 1439, Dallas Country,
Texas, and being a par~ of Lot 3, Block 2, Cramway Business Padc, an Addflion to lhe Cily of
Coppell, Texas, as recorded in Volume 99153, Pa!~e 36, of the Deed Records of Dallas County,
Texas, (D.P,.D.C.T.), and being more particularly described as follows:
COMMBNCING at an iron rod with cap s~nped "DAVIS" found for the northwest clld of a comer
ctip located at the intersection of the north right-of-way line of~y Boulevard (70 feet wide
this point) with the east right, of-way line of Exchange Circle (60 fee~ wide);
THENCE Noah 01 degree 36 mirmtes 18 seconds Bast, along said eut right-of-way linc a distance
of 276.86 feet to a 1/2-inch iron rod with a yellow plastic cap stamped "I-IALFF ASSOC. INC."
(hereafter referred to as "with cap") set for thc POINT OF BEGINNING;,
THENCE North 01 degree 36 minutes 18 seconds East, continuing along said cast fight-of-way line
a distance of 151.6~ feet to a 1/2-inch iron rod with cap set for comer, said point being on a non-
tan§tnt curve to the right having a radius of 60.00 feet and whose chord bears South 10 degrees 11
mimltcs 02 seconds East, a distance of 1 I7.47 feet;
THENCE Southeasterly and Southwesterly, dcpanin~ said east right-of-way line and alon~ said
curve through a central angle of 156 deirees 25 minutes 26 seconds, an arc distance of 163.81 feet
to a 1/2-inch iron rod with cap set for the point of reverse curvature of a circular cutwe to the left
having a radius of 40.O0 feet and a chord which bears South 34 degrees 48 minute 58 seconds
West, a distance of 43.82 feet;
THENCE Southwesterly, along said curve through a central angle of 55 degrees 2.5 mi,utes 19
seconds, an a~c distance of 46.37 feet to the POINT OF BEGINNING AND CONTAINING 5,820
square feet or 0.1336 acres of land, more or less.
· ~r~fBIT ~B~
F
-OPP-P_,I L AGENDA REQUEST FORM
CITY COUNCIL MEETING: April 10, 2001 ITEM #
ITEM CAPTION:
Consider approval of an ordinance amending the Code of Ordinances Chapter 2, Keep Coppell Beautiful
Committees, Section 2-3-6 (subcommittee) to replace the same with similar language, and Section 2-3-7
(coordinator) to provide for the City Manager or his designee to appoint the coordinator for the committee,
and authorizing the Mayor to sign.
SUBMITTED BY: Amanda Vanhoozier
TITLE: Community Programs Coordinator
STAFF COMMENTS:
See attached memo
BUDGET AMT. $ ..\~
FINANCIAL COMMENTS:
AMT. EST. $
Dm. INITIALS:(~ FIN. REVIEW:~
Agenda Request Form - Revised 5/00
+k-BID
LEISURE SERVICES DEPARTMENT
Memorandum
To:
From:
Mayor and City Council Members
Amanda Vanhoozier, Community Programs Coordinator03~
Date:
CC:
April 2, 2001
Gary Sims, Director of Parks and Leisure Services Department
Re: Amending the Keep Coppell Beautiful Committee Ordinance
Amending the Code of Ordinance Section 2-3-6 by replacing the language to read "The
committee may establish such subcommittees to accomplish responsibilities under this
Article as it deems necessary." instead of "The committee shall...", will allow the
committee to have a choice in establishing subcommittees.
Amending the Code of Ordinance Section 2-3-7 will provide for the City Manager or his
designee to appoint a coordinator for the committee, instead of the coordinator being the
Director of Information and Customer Services or the designee.
Staff recommends the amendments to benefit the Committee and the citizens of Coppell.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, BY
REPEALING SECTION 2-3-6 REPLACING THE SAME WITH SIMILAR
LANGUAGE, AND SECTION 2-3-7 TO PROVIDE FOR THE CITY
MANAGER OR HIS DESIGNEE TO APPOINT THE COORDINATOR FOR
THE COMMITTEE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-3-6 of the Code of Ordinances currently states that the Keep Coppell
Beautiful Committee shall establish subcommittees to accomplish certain responsibilities; and
WHEREAS, Section 2-3~7 provides that the position of coordinator for said committee shall
be the director of information and customer services or the designee; and
WHEREAS, the City Council is of the opinion that it would be beneficial to the committee
and the citizens of Coppell to allow the committee to have a choice in establishing a subcommittee and
to provide for the City Manager or his designee to appoint a coordinator to coordinate the activities of
said committee;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 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 2 by repealing Section 2-3-6, and replacing with language to
read as follows:
"Sec. 2-3-6. Subcommittees.
The committee may establish such subcommittees to accomplish
responsibilities under this Article as it deems necessary."
SECTION 2. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 2, by repealing Section 2-3-7 and replacing with language to
read as follows:
1 39925
"Sec. 2-3-7. Coordinator, equipment and operation funds.
A position of coordinator will be established and appointed by the City
Manager or his designee to coordinate the activities of the committee; and such
coordinator shall be a non-voting ex-officio member of the committee as established
by this Article."
SECTION 3. That all provisions of the ordinances and resolutions of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all
other provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or
of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 5. That this Ordinance shall take effect immediately fi.om and after its passage
and publication, as the law and charter is such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2o01.
APPROVED:
~day of
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
2 39925
APPRO~
ROBER~I'-E. I--I~O~R,/~Y ATTORNEY
(REH/cdb 3/21/01) /./
39925
F
C OPPELL AGENDA REQUEST FORNI
CITY COUNCIL lVlBBTINO: April 10, 2001 ITEM # _J/
ITEM CAPTION:
Reconsideration of U-Haul International, Site Plan, to allow the construction of a three-story rain-storage facility
on approximately 2.02 acres of property located along the south side of S.H. 121, east of Denton Tap Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meetinm March 15, 2001
Decision of P&Z Commission: Denied (5-0) with Commissioners Mc-Ga. hey, Nesbit, Clark, Halsey and
Stewart voting in favor. None opposed.
Because of the denial, this case will take a ~A majority (6 out of 7' Council votes) to over nde the Planning
Commission and approve.
Staff recommends denial.
INITIALS:(~/~. FIN. REVIEW:
IR.
,,enda Request Form dRevised 5/00
CITY MANAGER REVIE~
Document Name: ~UHAUL ~
NSTFAD
ApHI 4, 2001
direct dial: 214.745.$745
,anderson~win,tead.com
VIA FAX (214) 304-3675
Mr. Jim ~Titt
Coppell City Manager
255 Parkway Blvd.
CoppeR, TX 75019
U-Hanl International Site Plan
Denton Tap O $.H. 121 Bypass
Dear Jim:
The applicant requests that the above-referenced site plan application be ccmtinued
f¥om the April 10 to May 8 City Council meeting. We a~e in the process of refining the plan
to address some of the concerns exp _res__:~! by members of the public and the P&Z at their last
meeting. This delay would also assist me as I am scheduled to attend a hearing in another
City that evening.
Thank you very much for your cooperation in this matter. If you have an~, qoe~tions
or need additional information, please let me know.
Sincerely,
Arthur J. Anderson
AJA/pIg
CC:
Bob Hager (via fax 972/965-0010)
Randy CarlLn (via fax 602/277-1026)
DALLA~ 1~461g~11\!
o4to4r~. I~S~.,s4
201 RI.M ,$TRIH~T
I.)ALL~$, 'r~ 7Y~7fl
CITY OF COPP~ L
PLANNING DEPARTMENT
STAFF ~RT
Note: This site plan is ~fferent, but the use is identical to a roquest umnimously denial by Planning
Commission in September. Staff would typically not present tbe ca~ ~ how~ve~ legal counsel
recommended that we reprocess it due to formal application and filing fees being resibmit~l.
Hence, the following stuff report, with additions from the original study shown in/ta/ics, is offered
for consideratio~ Since the December 12 Council meeting (at which time the Council mf~rmd the
case back to the Planning Commission), additional all~sfions to the request have been made and
staff's most recent response is shown in bold in the below written report.
CASE: U-HAUL INTERNATIONAL, SITE PLAN
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
~ber 21, 2000 (November 16, 2000) 0Wmreh 15, 2001)
October 10,2000 (December 12, 2000) (April 10, 2001)
Along the south side of S.H. 121, approximately 350 feet east of
Denton Tap Road.
Approximately 2.02 acres of property.
CURRENT ZONING:
HC - Highway Commercial
REQUEST:
Site Plan approval for a three-story, 72,000 square foot warehouse
facility
APPLICANT:
U-Haul International, prospecti purchaser
2727 lq. Central Avenue
Phoel AZ. 85004
(602) 263-6502
Fax: (602) 277-1026
HISTORY:
There has not been develolmaent activity on this parcel nlthough the
Council appro~ a Jnck-in-the-Box Reslamant on ln'operty to the
w~t of this parcel in May of ~ year. The Jack in the Box is
currently under conswuction (now eo~pl~). A site plan request for
warehouse use was originally heard by the Planning Comm~ion on
Septend~er 21, 2000. where it receiveal unaninmus dgn~ It ~as not
Item# 4
TRANSPORTATION:
appealed to Council. Not only dM the zoning not ~mmodate the
use. but there were s.ev~ral other develotnnental igsues the applicant
failed to adequately ~. Several of those issues are outlined in
the accompanying staff report. Between September and the
application date for November cases, the Council changed the zoning
from LI to HC, a zoning classo~cation that does not support
warehouse us~ A revised apprl~fion was llmfltted ~o Plaaniag
Commission in November, and tbe Planaing Commission donied
the request by unanimous vote on November 16. The ease was
appealed te Cotmeil, and would have normally beea heard on
l)eeember 12. On the 12' however, thm~ was a mow/lee germ in
CoppeR, and the Comaeil eontinaed this reqaest antil the January
hearing date. On January 9~' the Council eonsid~red a ease that
had numerous changes from the Commissioa submittal inelud~
differeat landscaping, altered parking, changed ser~aing,
modified elevations, and other revisions. Beyond tbe fact that the
Council was reviewing a different plan, additional eoneem was
expressed over the parking of large vdfldes in front of the
building, lighting, and the clear glass for first, second and third
story windows. The City Council referred the ease back to the
Planning Commission. The applicant has now submitted a
further revised application, and staff review of that request
follows in bold print.
State Highway 121 will eventually be built here as a six-lane divided
freeway. The subject tract is adjacent to the eastbound one way
service road of this highway and consists of three lanes of pavemem.
SURROUNDING LAND USE & ZONING:
NoRh- Sm~ highway 121; City of Lewisville zoning
South - Denton Creek Middle School; SF-7
East - Denton Creek Middle School; SF-7
West - vacant site for Jack-in-the-Box restaurant; HC zoning
COMPREHENSIVE PLAN: The Comgre~nsive Plan shows the property as suitable for regional
retail uses of which this proposal is questionable at best
DISCUSSION:
Th/s is a request for a use not allowed in the base-zoning category of HC,
Highway Commercial. In add/fion, there are several concerns with the plan
that merit mentioning in an overall analysis of the protrak. To understamt
this entire issue, several action dates need to be kept in mind:
May 18--CPC called hearing to consider HC zoning
(cont. two months due to advertising error)
Jun. l--letter from landowaer OPl~md to HC
zoning
Jun. 7--contract to purchase property sigaed
Item # 4
JuL 20--unanimous CPC approval of HC zoning
Aug. ~ Council continues HC to Sept. 12
Sept. 12--Council ~ HC zoning
Sept. 21--Planning Commission denies first request
Oct. I O--HC ordinance adopted
Oct. 18 rtew site plan submitted
Nov. 16--CPC hearing and dmial of a~ntd reqm~t
lh~ 12--City C~m~ii I~ariag (eonfmm~l to
because of weather)
Conunhaioa (aec attaeh~ le~r dated Jan.
10,
Mar. Ill-.Planning Commiam~on re-hearing
$~seq~e~t to Pl~m~ing ¢omm~sion dero~ing they o~/icat~ o~ ~e~~
2L there was no appeal to Council and the a~p/icont resubmitted a revised
plon on October ]8, 2000. These dat~ are important in t~at the
claiming he submitted ~m ~lication seeking site ~ ap~o~d prior to the
zoning c~g¢ disallowing his proposed me Althougk we strongl~ disagree
~ith that ~ine of thought, ~¢ ]~ve processed this revised opplicatio~
re~ie~ of this plan ozMined at leost ]8 s]~cific concerns of st~ (see ottoc~d
U-~ letter dated October S L 2000). ~ attachment.
In addition to the time frame analysis, there are several concerns with the
plan that merit mention in an overall analysis of the proposal. For example,
details of the request show a three-story warehome to be run by the U-Haul
organization. The facility is shown to have several overhead storage aox, ess
doors on the first level that continue around the builc~ Many of these
doors have been eliminated in the most recent submittal. (the Oct. 18' plan).
In add/tion, there are other, large access doors fl~at crea~e a rather unusual and
somewhat awkward scale to the bu/ld/ng Betwe~ Oct. 18 and Dee. 12,
the applieant made a ho~t of ehange~ hleludi~ the moving of door~,
reconf ri parking pae , ehangi plant maleri l, amo othe
The plan submitted for the Mareh 15 heari~ ba~eally ~ the
al~eratiom between the PImmi~g Commi~on plan of Nov. 16, and the
City Council plan of Dec. 12. The bu/lding is also shown to have a series of
different color schemes ranging from orange parapet stripe, to mn I)ojv/t (an
hnitation of stucco) elevation, to forest green metal panels, to tan brick
facade, to light tan brick hor/zontal stripes, to vast areas of glazing to an
undefined reddish colored series of overhead metal doors encompassing the
building This jumble of building colors, mater/als, and finishes results in a
building that is very awkward looking There are also several over-s/zed
parking spaces at the front of the bu/lding wh/ch are obviously placed there
for outside storage/advert/sing, which is not allow~L During our
development review of the most recent submittal,(Oet. 18) the app/ica~t
agreed advertising was not allowed but insisted that ~_ zoning permitted
display of U-Haul identified trucks. (Again, please see correspondence of
Item# 4
October 31, 2000 attached). There is no district in the Coppell Zoning
Ordinance that allows this type of vehicular signag~ Nm ~ l)~na added
sulnequent to the Oct, 18 submittal Lm~ calculations ar~ not in
thc proper foFr~ Calculations are now in pFoper form, There are no
dimensions on the sidewalk. Sidewalk dirnens~ns are now included.
Approlxia~ landscapo screening of perking spaces is not rcflect~ on the site
pla~ This has now been partially addressed. Although the~ are throe
examples of monument signage, it is unclear which one is prefetxeni. In
addition, the sign should be the same masomy ~ as shown for the
majority of the building. A fifteen-foot monument sign setback mexls to be
specified on the site plar~ The signage iayues have now been resolve& Plant
material docs not indicate sizc/c~ipcr of landscaping. The October 18
submittal indicates our minimum 3" caliper tree startdard. Fire lane ra~ do
not meet minimum guidelines. Fire lanes conform on the new plar~
.4s stated above, upon review of the re-submittal, planning staff expressed 18
concerns, including improper zoning. In responding to those concerns (the
U-Haul letter of October 31), many of the comments do not satisfactorily
address the issue, and 6 of the 18 are still not resolved
The usc proposed here is troubling in that it docs not reflect a usc rcco~
by thc Comprehensive Plan. As indicated by thc Plan, regional retail uses arc
those with good access to highways such as reslamanls and retail centers. A
warehouse is not defined as a regional retail use, so from the Plan's vision for
the future, it is not recommended for this site. Our re-amffysis draws the
same conclusio~ Even ff' LI standards were applied to the most recent
submittal, there are several development violations including landsc~ing
area deficiencies of at least 1100 square feet; all parking areas do not
included landscape islands at their ends with trees in the landscape areas;
lighting proposed for the building is in violation of our zomng glare
standards; the color board submitted still does not detail glass to be used and
color of the overheard service doors; service doors on the front of the
building must be screened from public streets; all portions of the building
within 150feet of a residential zone can not exceed 35feet in height.
The applicant has provided you with additional information (first
presented to Council at its Dee. 1S meeting) for the March 1S hearing in
the form of a narrative and pictorial booklet attaehed to the exhibits.
Phrases used in the booklet to describe the relationship between U-Haul
and (apparently) some communities such as: "***mutually beneficial
Felationships;***aesthetically pleasing (buildinp);..,woFks closely with
governmental agencies;***ensures that all local objectives and
specifications are met;.**ensuFes local planning objectives fife adhered
to"; does not accurately reflect the rehtionship we have experienced with
this applicant.
Item # 4
The plan submitted for the March hearing addl*oses several of the
technical concerns outlined above, but b still inappropriate for this
property. It still violates the comprehensive plan; the base zoning b HC,
not LI as stated on the site plan (it is hterestin~ to note they have added
on the most Fecent exhibit:. 'Thb site has been devdoped under the aLI"
zoning in place at the time of submittal"), and HC does not allow this use.
Several concerns expressed by Council have not been addressed
including the oversized paFking spaces in front of the building (Council
requested those spaces be Femoved from the front of the buildinl), and
Council's suggestion of fi frosted glass or glass brick treatment to the
window areas. In addition, comments rode during the reyiew process
disagreeing with our signage requiFements, inadequte width of at least
one landscape bland, an inerease in fight standard height from 2S feet to
2o feet, three redesigned and oversized parking spaces on the east side of
the building (now shown as 2o feet by 12 feet) are an changes made since
the last submittal (in addition to the changes between Commbsion and
Council in January) that makes this request very difficult to evaluate,
lends a "moving target" perspective to the project and gives staff pause
as to what the final project is to look tike. We have also requested a.
revised color board and a larger sample or the "Sierra sunset" roofline
border color which have not yet been received.
With Fegnrd to our latest 21 point review (attached)~ the applicant has
explained item #3, increased .the height of item ~ noted the building will
not be externally lighted in item i~, complied with item ~/, ~ ~9, #17,
#18, #20, and #21.
Additionally, questions regaFding the non-conformity of the building if it
were built, all point to the fact that this proposal does not reflect sound
phnning and development.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff r~commcnds denial of this request for a variety of ~ms-s~ral stai~ above~
and the fact that HC zoning does not allow gene~ wa~housing activities of any
typ~. Our assessment of this use not being proper at this location, not conforming to
base zoning not complying with specific elements of the zomng ordinance, and
certainly not supportive of the Comprehensive Plan compels us to recommend denial
of this re-applicatior~
Based upon the comments above, our re-analysis of the revised plan, and our
view that the applicant has not addressed concerns exprened in the public
hearings, we apb Feeommend denial of this proposal.
1) Recommend approval of the request
Ite~n # 4
2)
3)
4)
l~,omm~ ~ of t. be ~
Recommend modification of the request
Take under advisement for reconsidgration at a later date.
ATTACHMENTS:
1)
Packet of turbid Information including
Sil~qandscal~ plan, elevations, signal~, sutv~ infoimation~ brochure
U Haul correspondence of October 31, 2000 responding fo mast recent staff review
Copy of June 2, 2000 lctrer oPiming HC zonin~
Copy of June 7, 2000 contract of sale
Letter of January 10, 2001
Copy of March I development review comments
Item # 4
ll/OZ/O0
TELl 08:58 FAZ 2~1 ?~$ $851
W$&M DALLAS FLOOR S4
U-i.l,ldJ
CONSTRUCTION DEPARTMENT
,0v-2 Illffl
eary stoe III itl I ~i.~/i
Planning Department I- -~--
City of Coppe~ '
255 Park~ Boulevacd
Coppall, Texas 75019
Ijloo2
Dear Sir:
I am writi~3 in response to the ORC comments dated Ock3ber 27. 2000 ~ the site plan
submittal for U-Haul International. I have addressed each comment ind!vtdualy.
1. Th~s use/s not a/lowed/n the base zon/ng.
At the time of tho submittal of this project, the property carried the "LI" zoning designatiofl. Our use is
ccmpat~e with. and allowed in. the 'Lr' Zoning district.
2. The proposed use is not recommended by the comprehensive p/an...
See al3ovo.
3. All perking spaces are not d';rnensioned.
It is customary to dimension only one space in a line of pad<ing: it is assumed that the remaJ~ng
s~ces are identical in size to that space. In order to furtive clarify the situation we rtave added trte
flolalion "TYP' to each o! the climens~ons. It Ibis is not sufflcieflL please specify Ilow you wouk:l like trte
spaces to I~e dimensioned a~d we will comply.
4. 80% masonry rectukement does not include DryviC v~ ~ agaj~A ~ ~t~ oft l)~
The exterior ir~,ula~ and rrish system makes up no more Itlafl 3% of the front faG~da of trio ouildiflg
a~ coflsicerat~ Jo~ ~n ~e cak:uhted across a~ trw eJovalfons. We have ;mvkxak/used ~ as a
i:ximary finish material on buildings in the Oalas area arx:l have no roas~ to bllleve ff~t ti~ sinai
amount on this building will co~titute a prot)lom.
requkement: perimeter I.s. requirement; non,~lar open space requremen~;
we ~ve lis~ed each ot the above requiremems irt a separm
t/lC claim that this inlon'nation ~S not on trle s~te plarl, ir you nave
the calculelw::~s, please state them and we ms oe nappy ~v .,,.-,.~- -
X~/02/00
THU 08:58 F.L~ 214 74S $864
WS~df DM. LAS FLOOR S4
1~003
In your leltm dated September ZZ, La300 to U-Haul Intemalim'~ your only oommlnt with ~ la the
landscape was item No. 6 - I~tt the "Pl~t ~ do not ~fY m Ir~ Cldl~r'"
su~mmd m you c~u~y stm me sk. and c~ec ~ ~ b ~'h d ~ ~
Each landscape area incaxles a ~meraion of its .de):~.... We woulcl ee I~a~y to i~:ixle ~ ~
dimensions you wish to specify. In the abaef~ o~ this information I have
ar~itectural i~actice.
s~ ~ng~ ~ ~m in e~. At ~ ~ ~ ~t ~ ~
scmeni~ is n~. if this is me intent of ~r ~nL p~e ~ ~
c~e a~ ~ ~ ~r~i~
~ ~ inlorm~ ~u at ~e S~tem~r 7a DRC m~U~. t~ ~ at ~
~ifi~ alb~ for 'Automo~ie ~ ~ruck ranlar and ~rai~r rental.'
~fic.
I0. ,.~'aening wall not a/towed ~ ~e front yarc/.
~ection 34-1-8 (C) P{~ime~er Lat~:! ~scaoino states
~r~ fr~ ~ ~t-~y ~ a ~ ~, ~,
We are ~t a~ro ~ ~ ~ of ~ ~ ~
tel us ~t =~, ~ m ~1 ~ a~[~ f~
1 L /nter~r/;/~tsd and paste twbb/e s~nage not a/lowed.
Our sign detail c'.early calls out tl~ tenets as 'pan-charnel." You inlorme<J me mat ~s vms an
acceptable signage at the September 7~ OflC meeting. I do not know wl~at"pl~ 13ut~ signag~ ~,
out I am corr.:lent that a metal channel tetter cloes not fei into this category.
in your list. we wil provide this oxpanded materials 13oen~
submission.
1.]~/o2/00 THU 08:SO F..L~ 2].~ ?~S S86.t WSI~f DALLAS FLOOR S~ tl004
or requirement to d~nensim t~e ~Mdu.l d.m~ ~ ~he ~ ~, ~e ama in queelm I~ lZ"
It
The overall dlmer~,ion of tine buiidiflg Is 175' by 150' mild 18. Iff fut,. clmady sho~ off tho plmrt.
15.
your requirm'nm~s and we will provide it.
sul~nitlal included an ide~l~el lighting plan eno no co~Tuneflts w~m.~ m mm_m~_.e._,,~
inclicat~s tl~at this may be a suggestio~ ratl'~r ~ a requirement. It ~ nave any spectra;
w~ would be hat~y to consmc~r them.
17. C~ ~s ~t ~ ~ % ' ~ ~~
~ ~ an er~ ~ our ~ We ~ve r~i~ ~ ~ ~ m~ ~ ~ ~ NL." We ~
a~ ~nlu~n ~is mw ~ve ~u~.
18. Oe~t~n ~ ~t ~ ~ ~
TPJs ~m~ ~ne d~ not e~st at ~e U~ ~r ~ ~ ~. We ~ ~~ to ~ ~
info;~ti~ on t~ ~ for t~ ~vem~r 16~ ~ & Z~ ~.
If you have any queslJorm, please do ~ot hesitate to cai mo.
Jeffrey A. Evans
DENTON TAP DE~ELOPMJ3qT, L.L.C. ,,~
3721 Shenandoah St. llr..l'~,am~mamimmlfl~!
D,n 'rx ';5205 fill ......... llill
June 2, 2000 ]- ~~..]
CityofCoppell
255 Parkway Blvd. ~\ mg" ~ '~'~ \~L'r-d,} \
The undersitned is the owner ora ? 223-acrc tract of land ~ _.
property was acquit~ from Centex Development Company, who retard and continues
to own the 1.606-acre tract constituting the hard comer otwhat was orighally a 8.829-
acre tract in total.
It bas come to our attention tlmt the City is considering a zoni~ clmnge of this
property troln its current classitmttions of"Ligl~t Industrial" and "Co~ to
"Highway Commercial". It is also our understandin~ that the Phnning and Zoning
Commission has benrd and npproved the proposnl. All of this has happet~ without any
notice to us, forn~ or informal. We understand that this is true with respect to Centex as
well.
We must and do object to this proposed action in the strongest possible terms.
Due process requires that we not only hnve notice but an opportunity to be heard on this
matter, with a reasomble time to prepare for hearings at each level of the m-zoning
process.
It is our intention to be a resporm'ble developer h your commtmity, and we would
hope that the City would, ~ see that we are treated fairly.
CC:
Sincerer,
Gary Sick Director of Planning (~~
Robert Haser, City Attorney
p~IN$ON & ~I, EMTY ]lrq{rr{zo T-O{! P.OI~/QI$ r-?oo
T # · · C I T Y · ~ I~
COPPF_,LL
Janmuy 10, 2001
U-Haul International
2727 N. Central Avenue
Phoenix, AZ 85004
RE: U-Haul l~teruational. Site Plan
Dear Madam/Sir:
This letter is to inform you that on Tuesday, January 9, 2001, the Coppell City Council remanded the U-
l-{_~u! Ir~temational. Site plan, to allow the construction of a three-stoq, mini-storage facility on
approximately 2.02 acres of property located along the south side of S.H. 121, approximately 350 feei east
of Denton Tap Road, to the Coppell Planning Commission for reconsideration. The next Commission
meeting is scheduled for February ISm with a presubmission deadline of 12 noon, Friday, January 124,
since we will be closed Monday, January ISm, in observance of Martin Luther King, Jr., Day.
There were several comments made by Council regarding, your application, including: · the use of opaque glass/glass block in window openings;
· lighting of the proposed building and its effect on surrounding neighborhoods;
· landscaping calculations track with Ordinance requirements (see attached example);
· moving oversized track parking spaces to the side/rear of the building, and
· clarifying the hours of operation to be from 7 a.m. to 7 p.m. seven days a week.
We presume you will address these issues, at a minimum, with your resubmission. If you cannot ptz. pare
new exhibits by Friday, I have attached a copy of our revised submittal schedule. In order to provide the
Commission and Council accurate information, please include full color renderings with your submission.
No additional filing fees will be required.
If you have any questions, please contact us at (972) 304-3675 at your convenience.
I~rectot~of Planning and Community Services
),~achments (2)
C~ Building Inspection
file
o! Copp a
U-haul International
Site Plan Approval
Southside of S.H. 121. east of N. Denton Tap Road
DRC Date: February 22, 2001, Mm-eh 1, 2001
planning & Zoning Co-~a~Son Mw"ne: March 15, 2001
City Council Meeting: April 10, 2001
1. This use is not allowed in base zoning.
2. The proposed use is not recommended by the Comprehensive Plan; in
addition:
3. Your Site Demographics block indicates the zoning of this property as LL
The correct zoning is HC. You need to change the development standards in
that block.
4. specify height of light standards "A" and "B"~(inereased height of Hght
standards from 25 feet to 30 feet)
5. Explain lighting ofbuilding.(building will not be externally lighted)
6. 80% mason~ requirement does not include Dryvit or EFIS; we recommend
against these materials on the 20% non-masonry portion ofbuild_in~s.
,.4. ! mA 1-- 1~ --. 1-- ,,,~-
~' ~ .,. 1-- ---. A .&,.----- :-- ...... ,~. 1
-:- :---. .... - : ...... : '-- --*~ (condition met)
9* '! I ,~ ........ ~1 ~.1 (condition met)
10. All parking must be screened from neighboring property lines.
11. Parking spaces in front seem excessive; no truck parking with advertising
allowed on site; storing or display of rental trailers or vehicles not allowed in
parking spaces, or on site; no portable signage allowed.
11. Interior lighted and plastic bubble signage not allowed.
12. Complete color board required; application was missing sample of glass.
13. Larger sample of "Sierra Sunset" accent color needed based upon elevation
note.
14. Lighting proposed appears excessive-~'mcreased height of light standards
from 2~ feet to ~0 feet)
15.Explain oversized parking spaces in front of building.
16.Explain window glazing treatment on building.
i.~' ....... t ......:f b?,~=g.',condition met)
17. Vet .-n ..... ~*
18 '~' .... .,...~ .,~ _...._.A,....:.,. A_..-..-.c,~:r',condition met)
19. State maximum height of building on all exhibits.
20 xf,,.;~..-..--t--- ---, ,. .... .: ...... ,..t '-,_.,,: ....... ..... .,.. ._----'_~. (condition met)
.-et)
Page 1 of 2
Bernard Rohde
I
From:
Sent:
To:
Subject:
Luiz Mendes [Imendes@nmg.org]
Wednesday, March 21, 2001 1:29 PM
Bernard Rohde
Re: Planned UHaul Site At Denton Tap/121 Bypass (Update #2)
Dear Mr. Rohde:
As a resident of Cottonwood Creek, I am opposed to Uhaul eetting-up a site
at Denton Tap / Hwy 121 bypass, and I would support the City of Coppell's
denial of Uhaul's request and any consequences of that act.
Please let me know if I can take any additional actions to help prevent the
approval of that business in that location.
Thank you,
Luiz Mendas
520 Layton Dr.
Coppell, TX 75019
(972)393-2711
Bernard Rohde
I II
From:
Sent:
To:
SubJeot:
Paul Burdine [paulburdine@yahoo.com]
Sunday, Mamh 25, 2001 8:51 PM
Bernard Rohde
Re: Planned UHaul Site At Denton Tap/121 Bypass (Update #2)
Hey Bernard,
Consider this my objection to the U-Haul site. Let me
know if someone else is coordinating the collection of
emails and letters.
Paul Burdine
543 Loxley Drive
Do You Yahoo!?
Get email at your own domain with Yahool Mail.
http://personal.mail.yahoo.com/
t II ]ii i ]~
Bern~d Rohde
From:
Sent:
To:
Subject:
Bernard Rohde
Wednesday, March 21, 2001 11:33 AM
Bernard Rohde
Planned Uhaul Site at Denton Tap/121 Bypass
To the Mayor and City Counsel of Coppell, Tex:
As residents of Cottonwood Creek, Coppell, Tx, both my wife and I am opposed to Uhaul setting up a
site at Denton Tap/Hwy 121 Bypass, and we will support the City of Coppall's denial of Uhaul's
request and any consequences of that act. Please let me know if we can take any additional actions
to help prevent the approval of that business in that location.
Thank you
Bernard and Cathy Rohde
531 Loxley Dr.
Coppell, Tx 75019
(972) 462-8843
Bernard Rohcle
I I II/I
From:
Sent:
To:
Subject:
Ines Vargas [inesv@ microsoft.com]
Thursday, Mamh 29, 2001 8:41 AM
brohde@source.com
Uhaul site at Denton Tap/121 bypass
Hello Bernard.
I understand from Darrell that you are gathering information on those of
us in Cottonwood that oppose the Uhaul site.
Please include the Vargas:
Jorge & Ines Vargas
410 Gifford Drive
972-471-3457
Let me know if you have any questions
thanks
Ines M. Vargas
Premier Support Manager
Office: 469.775.7128
Cell: 214.763,7571
Page: mailto:2147637571 · mobile.att.net
<mailto:2147637571 Omobile.att. net> (100 char limit - put msg in subject
line)
Page 1 of 1
From:
To:
Sent:
Subject:
<bcappleOaol.com>
<VACC60 yahoogroups.com>
Tuesday, March 20, 2001 11:20 PM
Re: [VACC6] Re: Planned UHaul Site at Denton Tap/121 Bypass
Not in our backyardl Take it somewhere else.
Bruce & Carol Appleton
615 Gifford Ct.
Yahoo! Groups Sponsor
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3/21/01
April 4, 2001 11:34 PM From: JIM GORE Fax #: 1-530-658.9917 Page 1 of I
April 4, 2001
Candy Sheehan
Mayor
City Of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Dear Mayor Sheehan,
As a resident of Coppell and elected BOD Member of Cottonwood Creek VACC6
HOA - BOD, my f~mily and I are opposed to Ulmul setting-up a site at Denton Tap /
Hwy 121 bypass, and I would support the City of Coppell's denial of Ulmul'e request
and any consequences of that act.
The area is close to schools and would increase car and heavy truck traffic in what
should be a sensitive safety are~-
Please let me know if we can take any additional actions to help prevent the
approval of that businese in that locatior~
Thanking you in advance for your time.
Jim & Eve Gore
524 Layton Dr.
Coppoll, TX 75019
972-171-2839
Fax: 530-658-9917
CITY COUNCIL MEET~G: April 10, 2001 ITEM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of Kiversidc Church of Cl~t Addition. Lot 1, Block 1, Roplat, to
allow the cxpansion of Riverside Church of Christ on 6.5 acres of property located at the northwest comer of
Beltline and North Lake Drive, east of Denton Tap Road
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting_: March 15, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Nesbit, Clark, Halsey and
Stewart voting in favor. None opposed.
Approval is recommended, subject to the following con~tions:
1. Approval from TXU for the relo6ation of the utilities and associated easements.
Staff recommends approval.
R. INITIALS: (~ FIN. REVIEW: q~ CITY MANAGER
enda Request Form-R~lf 5/00 Document Name: ~Rco~
I
CA,qE:
CITY OF COPPi~-I.L
PLANNING DEPARTMEHT
STAFF REI~RT
RI' I ,smE CIRIRCn OF CRRI.qT
P & Z HEARING DATE:
C.C. HEARING DATE:
March 15, 2001
April 11,2000
LOCATION:
150 Beltline Road
SIZE OF AREA:
Approximately 6.5 acres of property.
CURRENT ZONING:
c (commercial) and Li (Light Z, xiusuial)
REQUEST:
Replat approval (original approval has expired).
APPLICANT:
Applicant:
Michael Peeples
Michael Peeplez Engineers and Planners
2514 Tarpley Road, Suite 118
CarroHton, TX 75006
972-416-1968
FAX: 972-416-~289
HISTORY:
In 1993, the City Council approved a Si~ Plan and Final Plat for
thi.~ property, subject to the e~row fee for improv~ to
Beltline Road being waived. The ~ sile plan included a
23,143 square foot, two story church wilh 2a,4 pmqring spaces.
circulation, and landscaping. On May 9, 2000 ~c City Council
approved an amended site plan for this traci which enlarged the
facility to 47,891 square foct, sdded a spire and imreased thc
number of parking spaces to a total of 395 spaces, subjea to
property being re-platted.
Item# 6
TRANSPORTATION:
On July 11, 2000, City Com~il approved th~ ~ for this
property, subject to approv~ from TXU for the ~ of the
utilities and ~ el~me~l~. This phu w~ ~-ver filed for
record, therefore it expired on Jammry 11, 2001.
Beltline Road sowes the subj~ si~ a.~mg tho sout~m border ami
Nonhlake Drive along the eastern border. Beltlim Road is
presently a subsumdard, 2-1aue asphalt roadway. Current
comtruction activities will improve tl~ ~ to a 4 hme divided
thoroughfare, with an extra wide median allowi%o for exlmmion to
ti lanes in the future. North Lake Drive has 37 fe~ of p~vement,
within 60' of right-of-way.
SURROUNDING LAND USE & ZONING:
North- Mini-warehouses; LI, Light IndusUial zoning
South- Northlake Power Plant; City of Dallas zoning
East - Light manufacturing; LI, Light Industrial zoning
West -vacant laud; "C" Co--iai
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
light industrial uses.
DISCUSSION:
This property was originally platted in 1993, with setback lines and
various utility easements. An amended site plan was approved in May
2000 to allow for a significant expansion to the existing church fac'flities.
This proposed expansion required the relocation of existi~ utilities and
their associated easements. Therefore, the re-platting of ~his lot was
required as a condition of the approval of the ameaded site plan.
The re-plauin~ of ~is lo~ was approved in ~uly of last year, subject to
approval from TXU for the re, location of utilities and associated
easements. Per Section XI - FILING OF PLAT, Subseclton A, of the
Subdividon Ordbum~e, the final plat must be submitted for signatures
by City Officials within six (6) months or the pht shall be deemed null
and void, and a re-submittal shall be required. Therefore, this plat
expired in January of this year. Since that time additional utility
easements have been added to the plat, however, approval is still
required from TXU Electric and Gas for the relocation of their
easements.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending approval of ~ REPLAT subject to:
Item# 6
1. Approval from TXU for the relocation of th~ utilities ami ~
easememlts.
ALTERNATIVES: 1) Recommemt approval of the reque~.
2) Recomnend ~val of the reque~
3) Recommend nmdif-w, ation of the request
ATTACHMENTS: ~) Department Couumnts: TXU Electric and C, ss
2) Riverside Church of Christ Replat
luml# 6
T H E: C I T Y · 0 if
CO?fEEL AGRNDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of S-1042R, Kentucky Fried Chiokea~izza Hut. zoning change request
from C-S.U.P. 1042 (Commercial, Special Use Permi0 to C-S.U.P. 1042R (Comm~ Special Use Permi0 to
include Pizza Hut and revise elevations and signage, located at 135 S. Denton Tap Road
SUBMITrED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meetirm: March 15, 2001
D~ision of P&Z Commission: Approved (5-0) with Commissioners McGt~hey, Nesbit, Clark, Halsey and
Stewart voting in favor. None opposed.
Approval is recommendedl subject to the following condition:
1. Signage and elevations as submitted.
Staff recommends approval.
m. INITIALS: ~/, FIN. REVIEW.~ CITY MANAGER REVlI~W:
,,enda Request Form - 00 Document Name: ~s1042rkfph ~
CITY OF COPPELL
PLANNING DEPARTMENT
CASE NO.: S-1042R, Ken__ _scky_ Fried Ch en/Pt er iHnt
P & Z HEARING DATE:
C.C. HEARINO DATE:
March 15, 2001
AprU 10, 2001
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
APPLICANT:
HISTORY:
TRANSPORTATION:
135 S. Denton Tap Road
0.70 of an acre
C-S.U.P. (Commercial, Special Use Permit)
S.U.P. Ameudmem to allow for the inclusion of Pizza Hut, and
revisions to elevations and signage.
Owner: · Architect:
Alex Herrera Dan Lyons
Tricon Global Restaurants A.I.G., Inc,
2300 Valley View Lane ~500 1521 North Cooper, Suite 600
Irving, Texas 75062 Arlington, Texas 76011
972-255-2800 ext. 119 81%265-2415
FAX: 972-255-2828 FAX: 81%277-0571
In May 1989, the City Council approved a rezoning from Retail to
Commercial, Special Use Permit m allow f~ the construction of a
Subdivision Ordinance allowiug for an addiU'onsl driveway to serve
this site, and the attachment of an archit~ural rendering for this
building. In August of that year City Council also approved a
variance to the sign ordinance, allowing for a 75 square foot
monument sign to be erected on this ~.
Denton Tap Road is a six lane divided thoroughfare (P6D) built
within 100 feet of right-of-why.
Item# 5
SURROUNDING LAND USE & ZONING:
North- McDonald's Resmtcrant; "R" Retail S-1022
South- vacant; "C' Commercial
East - Shopping Center; "C" Commercial
West -vacant; "C" Commercial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the pr~ as suitable for
neighborhood retail uses.
DISCUSSION:
As discussed in the HISTORY SECTION of this report, this
Kentucky Fried Chicken restaurant was approved in 1989 subject
to site plan, landscape Plan, a ~ and a ~ to the sign
regulations. This request is to allow the inclusion of a Pizza Hut
operation within the existing building. The mnmdments to the
SUP are limited to the elevations and the signage and will not
alter the site plan, landscaping or parking.
The existing KFC structure is an 100% masonry building with a
mansard roof. Above the roof line is a red and white cupola
with the sign (the Colonial) facing Denton Tap Road. There are
also white accent materials with red s~ along ~fll ~es of
the building. The initial submittal on this request included the
standard KFC/Pizza Hut colors (red, white and blue) with EFIS,
tile and a lighter color brick as accent ~s. After discussion
with staff and review of the recommendations of the C.I.V.I.C.
the building materials and color scheme has been substantially
altered.
The elevations now indicate the replacement of the mansard roof
with a parapet wall, extending the brick veneer to the roof line.
The brick will match the existing brick. The accent colors are
limited to an EFIS "frame" along the front fac, ade and two row
locks of lighter bricks, to match the beige EFIS, around the
perimeter of the building. Red canvas awnings have been added
above the windows and doors.
Per Section 12-29-43.(B) of the Sign Ordinance, attached signs
for buildings with one from fat~de shah be a maximum of one
square foot of effective area per linear foot of building frontage.
Therefore, a maximum of 39 square feet of signage is permitted.
The attached sign along Denton Tap Road (the Colonial) has been
replaced one sign, which is 19 square fe~t, combining the KFC
and Pizza Hut logos. Signage along the north and south elevations
is limited to internally illuminated, white channel letters, each
sign having an effective area of 10 square feet.
Item//5
Finally, as part of this request, the ~ 7:~ square foot
internally lit, metal ami pl~ic monmne~ si~n is ~ replaced
with a 40 square foot monum~ s~. The new sign will be
constructed with the same brick ~s the Imildi~ ami win, ~ain,
have white channel le~rs advertising KFC ~ Pizza Hut. ~
sign will be externally lit with ground ~ lig~ts.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommem~ APPROVAL of S-1182R for Keomcky Fried
Chicken/Pizza Hut with no comiitiom.
ALTERNATIVES:
1)
2)
3)
4)
Recommend approval of the request.
Recommend disapproval of the request
Recommend modification of the reip2est
Take under advisement for reconsideration at a h~r date.
ATTACHMENTS:
1)
2)
4)
Color Monument Sign
Color Elevations
Elevations (black and white)
Site Plan
l~m# 5
AGENDA REQUEST FORM
CITY COUNCIL MEETING: April 10, 2001 ITEM # _~~
ITEM CAPTION:
Consider approval of Northpoint AddRiork Lot 1, Block 1, Sit~ Plan and Pml~ Plat, to allow the
construction of two office/warehouse buildings totaling 137,000 square feet on 9.081 acres of property located at
the southeast comer of Northpoint Drive and S.H. 121
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: March 15, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McO_.mhey, Nesbit, Clark, Hairy and
Stewart voting in favor. None opposed.
Approval is recommended, with the following conditions
PRELIMINARy PLAT
1
SITE PLAN CONDITIONS:
(CONDITION MET)
(CONDITION MET)
· ,.w,..1.,49,,-. /'~1~...,, 'kT...,l.L..,_-_l~..'-'~ .--.1 ...;1.1,.~.+1.~, --...1.-~.... ...~.., 2"'*--,,~,31.,,4,.,J.. ..,..,4&. ..~ I~..-'IA;---- T
Staff recommends,~~al.
Dm. INITIALS:T_/J FIN. REVIEW:~ CITY MANAGER REVIEW: k}
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: NORT~ T T N
LOT 1, BLOCK 1
SITE PLAN AND, PRE, L~~Y, PLAT
P & Z ttEARINO DATE:
C.C. HEARING DATE:
March 15, 2001
April 10,2001
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
At the southeast comer of Northpoint Drive and S.H. 121.
Total site area measures approximately 16.13 acres, with 9.081
acres being located within Coppell City Limits and 7.045 acres in
the City of Grapevine.
LI (Light Industrial)
Prelimimry Plat and Site Plan apIwoval for two offic~ buildings
totaling appmxi.rn~ly 137,000 square feet
APPLICANT:
HISTORY:
HalffAssociates, Inc.
Chris Amarante
8616 Northwest Pln~t Drive
Dallas, TX 75225
(214) 346-6200
FAX: (214) 739-7086
Keilla Patbuse, AIA
2626 Cole Avenue, Suite 300
(214) 871-9078
(214) 871-9869
Owner/Developer.
JImkson-Sl~w Company
4890 Alpha Road, Suite 100
Dallas, TX 75244
(972) 628-7400
FAX: (972)628-7~.~~.
There hns been no plat'dng history on the subject prope~y.
Item # 9
TRANSPORTATION:
Nor&point Drive is a CAD four-lane divided thorou~hfl~ within 80'
of right-of-way to the east of the subject prolx~; however
Nor&point Drive continues to the west as a CAU four-lane undivided
thoroughfare within 90' of right-of-way.
SURROUNDING LAND USE 8: ZONING:
Nor&- vacan~ LI, Light Industrial
South- Fellowship Church; LI, Light Industrial
East - Freeport North existing office/~; IA, Light Industrial
West - S.H. 121, CityofGrapevine
COMPREHENSIVE PLAN:
The Compmlm~ive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION:
The applicant is requesting Prelimimxy Plat and Site Plan approval for Lot
1, Block I of Nor&point Addition. The proposed devoloI~ent will
encompass a total of 16.13 acres, with the western sewen acres being
located within the City of Grapevine. The applicant has clearly denoted
the 9.081 acres of the site, known as Phase I, which lies within CoPl~ll.
While the City limit line hms north/south through the property, the site has
been designed so that only parking areas cross that line and all buildings
are fully located in either jUrisdictior~
The applicant is proposing to consUuct a total of throe office buildings,
containing approximately 241,600 square feet. One buildin~ will be
located within Grapevine. The remaining two buildings (Buildings 1 & 2)
will fall within Coppell and they will be served by a total of 691 l~rking
spaces, wcll exceeding thc 457 spaces required. Staff review will only
reference the buildings, parking and landscaping which is located within
the City of Coppell, with the exception of a parking area which falls
within Grapevine, but will be constructed as part of Phase I.
The proposed buildings will be tilt-wall consUuction, with contemporary
architectural elements. The building walls and accents will be set apart by
varied shades of white & gray. Portions of the ~t/w~ building walls
and additional architectural elements will be painted reddish/brown with a
glass block design. Both buildings are served by dumpsters located within
dumpster enclosures designed to match the building and have been located
in inconspicuous locations, so not to be vis~ally prominent along
Northpoint Drive.
Item# 9
Building I will be tw~story, containing a buildi~ area of 104,600 square
feet. Because the building has been designed for office u~s only, a
significant number of windows are proposed to be located on all four sides
of the building. The building elevations indicate that a metal roof screen is
proposed; staff has recommended that this roof screen ~ to be part of
the building and be of a color consistent with that propo~ for the
building walls. The building will measure approximately 35' in beight
and 38.5' to the top of the metal roof scree~
Building II will be one-story, containing 32,400 square feet of building
area and be constructed to approximately 23' in hcisht. Building Two
will be situated toward the rear of the site, closer to Fellowship 'Church to
the south and behind Building I facing Northpoint Drive.
A 60 square foot monument sign is proposed to be located along
Northpoint Drive. The sign will be constructed of the same mare/al, with
the same contemporary features as the buildings and painted to match.
The building elevations do not indicate areas for attached signage. Staff
recommends that the applicant clearly indicate the proposed areas to
contain future signage, if applicable.
Landscapin~
All perimeter, interior, and non-vehicular landscape requirements have
been met with regards to the required number of trees. However, there are
some locations within the parking areas where additional trees are
required at the end of rows or within a row of parking. Staff has included
conditions requiting the applicant to provide the necessary trees.
Existing Hackberry and Mesquite trees will remain along the east property
line and approximately 12 additional trees will be installed among the
existing trees. Some Cedar Elms are also existing on the eastern portion
of the site, but will be removed because of their poor condition.
Additionally, a row of Eleagnus shrubs exists along the south edge of the
property and appear to have been planted by Fellowship Church at the
time of development. The applicant has indicated that approxi~ly 246
new shrubs will be installed to replace any unhealthy or missing shrubs.
Preliminary Plat
As previoUSly mentioned, the proposed preliminary plat will estsblish the
16.13 acre parcel as Lot 1, Block 1 Northpoint Additiom In order to
eliminate any confusion, the applicant has shown the property in its
entirety, with both the City of Coppell and Grapevine plat requirements,
allowing for one plat to be recorded in both Dallas and Tarrant Counties.
Also part of the Preliminary Plat, the applicant is shifting the existing 30'
Item# 9
access easement through the property to the Followship Church to the
south. While access to the church will be ~ the drive will be
shifted to coordinate with the patterns of the new parking lot.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the sim plan and preliminary pl~ subject to the following
conditions:
P~LIMINARYP~T
1. Revise note on Preliminary Plat showing the abandonment of ~ 15' drainage
easement along Northpoim Drive to include a label for the new Volume and
Page numbers.
SITE PLAN CONDITIONS:
1. Revise Landscape Tabulations (Sheet L1.01) to refe~noe the City of Coll~ll as
Phase I.
2. Eliminate Landscape Calculations shown for the City of~.
3. Revise Landscape Tabulations (Sheet L1.01) to show tho Intewior Landsc~
Requirements as noted by Section 34-1-8 (B.3).
4. Revise Landscape Summary Nolmion indicating that a deficiency in landscaping
exists and e 'lunimm notation that 25 existing lre~s will I~ applied toward the
required number oftre~s.
5. Provide additional landscape islands, with trees, ~t both ~ of the most
northwestern row of psrki~ (along Northpoin0 and witl~in tl~ psrki~ mw
immediately south of Building I.
6. Revise proposed building elevations to show proposed areas for fumm al~ac~
signage, if applicable.
7. Clearly define and label the circular po. ttem shown ~ Building 1 and
Building 2. Indicate if enhanced l~Ve~S, type of l~ven, etc.
ALTERNATIVES:
1) Recomm~ approval of the r~qu~
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)
~)
6)
Prelimim~ Plat (Sheets l&2)
Site Plan
Elevations-Building 1
Elevations-Building 2
Dumpster Enclosure D~mils
Existing Tr~ Plan
Landscape Plan
Item # 9
ITEM CAPTION:
Consider providing that the Planning and Zoning Commission be the authority respo~ for the approval
of the Final Plat of Northpoint Aiidition. Lot 1, Block 1, Site Plan and Preliminirv Pl~t. to allow the co~mction
of two office/warehouse buildings totaling 137,000 square feet on 9.081 acres of property located at the southeast
comer of Northpoint Drive and S.H. 12I
SUBMrrrED BY:
TITLE:
STAFF COMMENTS:
Gary L. Sieb
Director of Plarming and Commtmity Services
Date of P&Z Meefirm: N/A
Division of P&Z Commission: N/A
NOTE:
A ~A vote by Council is needed to a_~_ rove this rexmest..
Staff recommends approval of this request.
Agenda Request Form - Revised 5/00
CITY MANAGER RE.W:
Document Name: ~qPSFPR
COPPEEL
CITY COUNCIL MEETING: April 10, 2001 ITEM
IIIII II I Il/ I[1111111 III I I II
ITEM CAPTION:
Consider approval of Gateway Busin~ Park No. 3. Lot 1.' Block A. Sile Plan and Pr~~ Plat, to allow the
construction of two 32,061 square foot office/warehouse buildings on 7.863 acres of ~ located at the
northeast comer of Freeport Parkway and Airline Drive
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meefine: March 15, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGah~, Nesbit, Clark, Halsey and
Stewart voting in favor. None opposed.
Approval is recommended, with the following conditiom
PLAT CONDITIONS:
Lab:l ~: "v~ .... "~-'-:- (CONDITION MET)
(CONDITION MET)
Final Plat approval shall not be granted until a color board and complete set of building
elevations is reviewed and approved by the Planning & Zoning Commission and City
Council.
SITE PLAN CONDITIONS:
pl~':~':g. (CONDITION MET) ~k~k~
Staff recommends~vomval.
Agenda Request F°rm - ~d $/00 Document Name: ~IGATESPPP ~\
IX. (CONDITION MET)
Provide a note similar to the floodplain maintenance note shown on the plat on the
comprehensive site plan
Prior to City Council review, the applicant shall work with staff to create a mutually
agreeable development stan~ that will ~idress the malntenm~Jimpmvem~t of the
floodplain area (lotlx).
L~k~, ,u~, ~,~ ......~a-,.:- ~- ,,.~ -:.,~ -,~- (CONDITION UI:T~
C1TY OF COP~.L
PLANNING DEPARTMENT
STAFF RETORT
CASE: GATEWAY ,,$IN~S$ ~._RK NO. 3
-,,, ,, ,, ,,, ~V , ~..
LOTS 1 & ~ BL~K A
Sl~r p~ ~ V~L~~y, PLA~
P & Z HEARINO DATE:
C.C. HEARINO DATE:
March 15, 2001
April 10, 2001
LOCATION:
SIZI~. OF AREA:
CURRENT ZONING:
REQUEST:
At the northeast corner of Freeport Parkay and Airline Drive.
Approximately 7.863 acres of property.
LI (Light Industrial)
Prelingna~ Plat and Site Plan approval for two 32,061 square foot
offi~ buildings. '
APPLICANT:
I-flSTORY:
TRANSPORTATION:
Park West Commerce Cen~
15350 sw Sequoia ~
Suite 300
Portland, OR 97224
(503) 624-6300
FAX: (503) 624-7755
HalffAssociai~ I~.
Chris ~
8616 Northwest Pla~ Drive
(214) 739-(X)95
(214)739-0096
0'Brien & Associa~
Mick CTranlu~
5310 Han,~ Frail Rond, Suite 136
Dallas, TX 75230
(972) 788-1010
FAX: (972) 788-1024
Airline Drive is a C4U, four-lane undividtd ~ built lo standard,
within a 60-foot n'ght-of-way. Freeport Padmay is a four-im~ ~
road in an 80'-wide right-of-way. Fr~'IX~t ~ is ~ to be
expanded to a six-lane roadway in a 110'-wide risht-of-way.
Item# 10
SURROUNDING LAND USE & ZONING:
North- vacant land; LI, Light Industrial
South - vacant land/O&K Services; LL ~ Indumial
Sast- ~.k We~ Commerce ~ sipn~ Desips; LI, Lista ~
West - Avaya Telecommunicaliom; LL Light Industrial
COMPREHENSIVE PLAN:
DISCUSSION:
The applicant is requesting Site Plan and Preliminary Plat approval for
Lots 1 and 1X, Block A of Gateway Business Park No~ 3, subdiw~ng the
7.864 acres of property into two separate lots, with Lot IX containing the
floodplain area of ~ Creek
The request for site plan approval is for Lot 1, which contains 5.241 a~res
of property. The applicant is proposing to develop two 32,061 square foot
office buildings, with accessory parking. The applicam proposes to
construct 100% office uses within the buildings, providing a total of 256
parking spaces, well over the 214 spaces required. As a result of the
office uses, no truck service/dock doors are Ixoposed. However, the
applicant has provided four standard loading spaces/zones to
accommodate deliveries, etc. All perimeter, interior, and non-vehicular
landscape requirements haVe been met.
The property fronts on both Airline Drive and Freeport Parkway;
additional right-of-way was needed along Freeport Parkway and 15' along
the western edge of both Lots 1 and IX was dedicated for future Freeport
Parkway right-of-way. Additionally, because Freeport Parkway is a
secondary image zone, an 8'-wide brick paver band is. pro~ at the
entrance along Freeport Parkway.
Architecture
building elevations be review~ in conjunction with Final Plat approval.
Although an unusual request and one that staff would not ~ suppm~
staff has recommended approval subject to the sutanmion and ~ of
elevations and a color board prior to Final Plat approval.
Item# 10
s
Preliminary Plat
Lot lX is located wi~in a floodplain area of Grapevine Creek. At the
request of staff, the applicant has plw.~ a no~ on the plat indicating that
maintenance of the floodp~~nt area is the-responsibility of the
owner. Staff would like to further reiterate that ~ of this area
means that cleaning mowing, trash/debris pick-up and general upkeep of
this area is required. To ensure that the floodplain area is well maintained,
staff has recommended that a similar maln~ note be placed on the
site plan and an additional note be provided mi the site plan defining
maintenance as noted above. Staff would also encourage the applicant to
not only maintain, but improve the floodplain area similar to
improvements made by adjacent improved prope~es. Additionally, staff
has requested that the applicant provide a comprehensive site plan,
showing both Lot 1X and the proposed site desi~ of' Lot 1. This sheet
should be included in the submission packet.
The proposed preliminary plat will establish all fire lanes, easements, and
dedications. As mentioned above, a note has been placed on the plat
requiring maintenance of the floodplain and drainage easement by the
owner. Additionally, staff has requested that the applicant clearly label
the 100-year floodplain and a comer clip at Freeport Parkway and Airline
Drive.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Stuff is recommending APPROVAL of the site plan and preliminary plat, subject to the
following conditions:
PLAT CONDITIONS:
Label the lO0-year floodplain.
Provide a 10 x 10 right-of-way corner clip st Freeport Parkway and Airline
Drive.
Final Plat approval shall not bc granted until a color board and complete
set of building elevations is reviewed and approved by thc Planning &
Zoning Commission and City Council.
SITE PLAN CONDITIONS:
Provide City Staff with a copy of a comprehensive site plan, including
both Lot 1 and Lot IX.
Provide a note similar to the floodplain maintmmnce note shown on the
plat on the comprehensive site plan
Provide a note on the comprehensive site plan that defines maintenance
(of the floodplain area) as mowing, trash/debris removal, and general
Item # 10
Label the lO0-year floodplain on the site plan.
Revise size notations on Landscape Plan to indicaie the caliper inches of
trees at the time of planting.
1)
2)
3)
4)
ReCOmmend aplgoval of the request
Recommelld disap[~val of the lOqlleSt
Recxnamend modification of the request
Take under advisement for ~dzmtion ~t a la~ dsle.
ATFACHMEN'~:
1)
2)
3)
4)
PreUmin~ P~t (sueets ~ ~ 2)
Site Plan
~ PUre (Shes ~ ~ 2)
Landscape Details
Item it 10
6PP] iI AGENDA R FQUEST FORM
CITY COUNCIL MEETING: April 10, 2001ITEM # / ?
ITEM CAPTION:
Consider providing that the Planning and Zoning Commission be the authority reponsible for the approval of
the Final Plat of Gateway Business Park No. 3, Lot l, Block A. to allow the construction of two 32,061 square
foot office/warehouse buildings on 7.863 acres of property located at the northeast corner of Freeport Parkway and
Airline Drive
SUBMrYrED 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
NOTE:
A sA vote by council is needed to a_ _tr~rove thi.~ request
Staff recommends approval of this request.
Agenda Request Form - Revised 5/00
ITEM CAPTION:
PUBLIC HEARING: Consider approval of Freevort North. Lot 21~ S~ Plan and ReolaC ~o allow the
construction of a 45,974 square foot office/warehOuse buildi~ on 3.43 acres of ~f~ocated alon~ the
east side of Royal Lane, north of Bethel Road·
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meetine: March 15, 2001
Decision of P&Z Commission: Approved (54)) with Commissioners McOahey, N~sbit, Clark, Halsey and
Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
6.
7.
REPLAT:
1.
2.
Staff recommends approval.
DIR. INITIALS: ?b~
Agenda Request Form - Revised 5/00
, .... .... ~1.- (CONDrFION lvIET)
Y.c~a.--d~r.. c.f -' '- ' '"
(CONDITION MET)
Zsr. mg 07---~ (CONDITION MET)
Provision of additional specifications as to the color, mamrials amd fonts of the proposed
attached sign.'
..~. ..... . .... cn ~ ~-m~=../ (CONDITION MET)
: ' (CONDITION MET)
..,.,...,.1,.--~,.....4,T..11 ,..,~1.',.,.T,1,~ ,...~1 -- ..,.~,,
Deletion of one set of city signature blocks.
FIN. REVIE~ CITY MANAGER
Document Name: ~FN;_P. TNA
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Freeport North. Lot 2A. Site Plan and
P & Z HEARING DATE:
C.C. HEARING DATE:
March 15, 2001
April 10, 2001
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
APPLICANT:
HISTORYi
East side of Royal Lane, North of Bethel Road
3.428 acres of land
LI (Light Industrial)
Site Plan and Replat approval to allow for an appro~y 46,000
square foot office/warehouse ~ for TNA North American,
Inc.
Owller:
Terry Raley
TNA North America, Inc.
1321 Valwood Parkway//440
Carrollton, Texas 75006
972-406-8282
FAX: 972-406-8828
Ed Yost
Carrell, Poole & Yost
5646 Milton Sw',.,~;. Suite 888
Dallas, Texas 75206
214-953-0042
FAX: 214-953-0702
In 1984, the Final Plat for Freeport North was npproved. This plat
encompassed 237~ acres of land from Betel Road to north of
Northpoint Drive, and provided for the extemion of Royal Lane.
Since that time, various re-plats have bern approved. In 1995 a re-
plat for Lots 1 through 5 of Freeport North wns e~mbli~ed. The
subject property was designated Lot 2R, and the ~ to the
south, Lot 1R. As part of this ~ activity, Lot 1R was
dedicated to Freeport North Industrial Park Owners Associ~'on as
common property for a ~ femu-e area. TI~ lot contains
the sun dial.
Item# 7
r ll[; I I ; il ! :ir: : !~l ]Ir -71 [ ! HI l~ I
TRANSPORTATION:
Royal Lane is a CAD/6 lane divided thoria~ffa~, four lanes Ixtilt
within 100 feet of fight-of-way, allowing for expansion to a siX
lane thoroughfin'e. ~
SURROUNDING LAND USE & ZONING:
North- Cratlm~o. and Duroo'aR; "LI". Light Industrial
South - Sundial; 'LI* Light Industrial
East - w~_~nt; "LI" PD 185 - Champ~n Partners
West -Gulf Bearing; 'LI" Light Inchistrial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
light industrial and showroom uses.
DISCUSSION:
This request is for site plan and replat approval to allow the construction
of a 45,974 square foot office warehouse for TNA North ~, Inc.
Initially, this company plans to occupy 113 of the building. The
remaining 2/3 of the building will be lease space for other
office/warehouse users. TNA intends to use a majority of their portion
of the building as a showroom for their Robag 2C product. This
machine bags and seals snack foods. They are currently located in
Carrollton, Australia, UK and New Zealand and they, desire to make
Coppell their new American Headquarters.
SITE PLAN
The site plan indicates the 46,000~ square foot building with 50% of the
building being devoted to office and 50% warehousing. Per this ratio,
100 parking spaces and three loading areas are being provided. In
accordance with the Light Industrial District regulations, when parking is
not provided in the front yard, then the building setback may be reduced
to 30 feet. Initially, access to this property will be provided from two
driveways on Royal Lane, the southern driveway has been aligned to
take advantage of the existing median opening. However, given the
turning radius, northbound truck access to th_is driveway will not be
physically possible. Therefore, all northbound truck access will utilize
the northern driveway. Although this circulation pattern is not ideal, it
will function. The southern driveway needs to be reduced in width from
50 to 40 feet to be in accordance with the regulations in the Subdivision
Ordinance and as indicted on the re-plat. The final site plan comment is
the brick paver bands need to be relocated 1' inside the property line.
Since the resubmission of the Site Plan for Planning and Zonin~
Commission consideration, the owners .have met with staff to discuss
several revisions to the site plan. First, to allow for greater flexibility in
leasing the remaining 2/3 of the building, additional loading areas are
Item # 7
desired along the rear of the building. This will require a redesign of the
parking and landscaped areas as well as an ~ to the ratio of
office to warehouse/showroom. The decrease ia parking will require a
decrease in the percentage of the buildin~ to be used for office.
Preliminary discussions indicate that a 40~ office ~o 60~ warehouse
ratio will be proposed. The second proposed revision is to allow for an
additional driveway in close proximity to the southern proper~ line.
The purpose of this driveway is to allow for direct access to the
showroom and a more aesthetic drive-up appeal for customers. If these
revisions meet all technical requirements of the Subdivision and Zoning
(landscape) Ordinance, then the final design of these revisions will be
presented to the Planning and Zonin~ Commission at the March 15~
meeting.
LANDSCAPE PLAN
Approximately 28% of this site is devoted to landscaping. Given that
there is no parking in the front yard, the entire street frontage will be
occupied by trees, ground cover and berms, The perimeter landscape
requirements have been met by providing a minlmRln of 15 feet of
landscaping along Royal Lane and ten feet along all other property lines.
Along the east property line there is an existing utility easement.
Contained within this easement is an existing storm sewer. The planting
of trees over this reinforced concrete pipe will not be permitted due to
the potential future conflict between the root systems and the pipe.
Therefore, the proposed Live Oak trees will be installed in close
proximity to the property line, interspersed with required 3' shrubs. This
will allow for maximum separation between the trees and the existing
utility line. However, the proposed shrubs, Waxleaf Ligustntm are not
on the city's plant palette, and will have to be substituted for an
approved plant material. Finally, the brick paver band needs to be
relocated to be one foot inside the property line. Again, the compliance
with the landscape ordinance will need to be re-analyzed if revisions are
made to the loading area and access as previously discussed.
ELEVATIONS
Again, as discussed, the southern portion of this building will be TNA's
American headquarters, and therefore the design of the building is a high
priority. The elevations indicate a combination of tilt wall and concrete
burnished block with strafiated metal panels along the top of the building
as an accent material. Along the base of the building, a continuation of
the stone veneer, existing on the sun dial property, is planned. A metal
awning will accent the front entrance. The C.I.V.I.C. report
recommends that awnings be canvas and muted colors, and metal
Item # 7
awnings are specifically discouraged. Again, if additiom~l loading areas
are included along the rear building wall, then ~ elevation will also
need to be revised.
Two attached signs are proposed for TNA. Per the sign ordinance, in
industrial districts, buildings SO feet in. height or less are pmmitled a
maximum of 200 square feet of signage, per business, and the sign shall
not exceed 7S% of the height of the building, if a vertical sign. The
plans currently indicated two - 123 square foot signs, which exceeds the
signage permitted. Also additional information is needed as to the color,
font and materials of the proposed signage. No monument sign is
proposed.
REPLAT
As discussed in the HISTORY section, this_ 1o~ was re-platted '~mto Lot 2R
of Freeport North subdivision in 1995. This replat esmb~ the fire
lane and additional utility easements. Two revisiom are needed to this
replat. First, the 23' utility easement extending from the northern corner
of the property needs to be labeled. Second, the deletion of the duplicate
city signature blocks is required.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Site Plan and the Replat subject
to the following conditions:
2.
3.
4.
6.
?.
Relocation of the brick paver bands one (1) foot inside the property
line on Site Plan and Landscape Plan.
Reduction of the width of the southern driveway from :50 to 40
feet, as indicated on the re-plat
Substitute the Waxleaf Lignstrum for a shrub on the City's plant
palatte.
Reduction of the proposed siguage to be in accordance with the
Sign Regulations of the Zoning Ordinan~.
Provision of additional specifications as to the color, materials
and fonts of the proposed attached sign.
No monument sign will be permitted on this property.
Any proposed revision to the site plan, landscape plan and
elevations will need to be in accordam, e with all applicable
ordinances.
REPLAT:
1. Label all utility easements
2. Deletion of olle set of city signature blocks.
Item # 7
ALTERNATIVES:
1)
2)
~)
~)
Recommemi approval of the request.
Rw, xanmumi disapproval of the reque~
~meud modification of the ~
Take under advisement for reconsidemafion at a ~ date.
ATI'ACHMENTS:
1) Site Plan
Landscape l~n
3) Elevations
4) Replat
Item# 7
CITY COUNCIL MEETING: April 10, 2001 ITEM # .__~__
l~ II ~ il[ii .... Ill I Ig I I ' I III I III
ITEM CAPTION:
PUBLIC ttEARING: Consider approval of Freeport North, LOt 2, Block 3, Si~ Pllm and Rev_ lat, to allow the
construction of a 167,000 square foot office/warehouse on 12.08:5 acres of property located at the southwest corner
of Royal Lane and Gateview Boulevard
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Dgte of P&Z Meefinm March 15, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Nesbit, Clark, Halsey and
Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
REPLAT CONDITIONS:
";"' ~-'"~--' ~;'-~'- ~'--" (CONDmON MET)
I Pre;~d~, ...,.~ ..... ,, .,.~. .........
&o ·
SITE PLAN CONDITIONS:
~+~. ~.~.._..... .... .~--.-.-..t)-"--"~. (CONDITION MET)
~ ....... ~..e~ .... ,;.-:+-~ - ~.~r~'~-'-;-r. .............. -. ~.~.~ +~. ~;+. o, ............ :d 12m~ PI~.~ (CONDITION MET)
(CONDITION MET)
..m_/...-u ........ - ~,-- ~k.-, ~-~. --~ ~. ,.~1 ...... ~-~-- (CONDITION MET)
a,mv.~ (CONDmON ~T)
~m~/~ ...... 1 ~--~ ~1..~-- ~*~ ~ ~CO~ION ~T)
11.11. ' ....
DIR. INITIALS: FIN. REVIEW:~ CITY MANAGER REVIEW:
CITY COUNCIL MEETING: April I0, 2001 ITEM #
SITE PLAN CONDITIONS (cont):
,~CONDITION MET)
'--~ .... ~" .....~ ~ .... . ~--"'-- ~ .... ~'~--. (CONDITION
.1.--.~ .... ,k k..:l,: ..... 1, (CONDITION MET)
...... ~ :"*- '"" '~'~" ~ ..... (CONDITION..--.~
, ~ o-~-- ,--~ .....-.'--. '-.. '~ .... " ....... '"- -'---'-~ "-. '-'. "-"... ..... (CONDITION MET)
c~:.,~ +~.,, '~-"._.,.~_,,_.~.:-- (CONDITION MET)
18. The owner sMll reevaluate both the north and south building elevations to add architectural
features/elements to visually break up the length of the f~l¢.
Approval is recommended, subjec~ to the following conditions:
Staff recommends approval
DIR. INrrIALS: ~
FIN. REVIEW:
CITY MANAGER REVIEW:
CITY OF COPPELL
PLANNING DEPARTMENT
CASE: FRE It N H
SITE PLAN REpLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
March 15, 2001
Apd! 10, 2001
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
At the southwest comer of Royal Lane and Cmtevim~ Boulevard.
Approximately 12.085 acres of property.
n (nsht
Replat and Site Plan approval for a 167,000 square foot offk~d
APPLICANT:
HISTORY:
The Expo Group
Pekowski Family 1998 Trust
1740 Hurd Drive
Irving TX 75038
(97~) 580-9000
FAX: (972) 465-1127
Arc~
Alliano~ Amhitoots
Thom~ ~
1600K Coll~ ~ #1000
~ T'X
(972) 233-0400
(972)233-2259
Olean Engineering Corp.
Mike Glenn
100 Decker Court, Suite 250
Irving TX 75062-2322
(972) 71%5151
FAX: (972) 719-4229
In 1984, the Final Plat for Freelxa't North was ~ Thia plat
encompassed the land from Bethel Road to north of Nmli~
Drive, contained 237+ acres and provided for the ~on of Royal
Lane. There has been no rec~t platting ~ On tl~ subjec:t site.
Item# 8
TRANSPORTATION:
Royal Lane is a CAD/6-four-lane divided thoroughfl~ in 110' of
right-of-way (adequate for a six-lane divided li~o~).
SURROUNDING LAND USE & ZONING:
North- existing office/mue~use; LI, Light ~
South- vacant; LI, Light Industr~
East - Lam Lee Furniture; LI, Light Industrial
West - Fellowship Church; LI, Light Imiustrial
COMPREHENSIVE PLAN:
The Comlxe, lmzsive Plan shows tbe property as suiteble for
light indu.miaFshowroom uses.
DISCUSSION:
The applicant is requesting Replat and Site Plan ~ for Lot 2, Block
3, of Freeport North, containing 12.085 acres. The applicaut/owner (The
Expo Group) is proposing to develop a 167,000 ~ foot
office/warehouse building with accessory parking and track service areas
to house their company headquarter. The pm~ develoMnent wi_Il be
constructed in two Phases. Phase I will contain approxim~ly 123,000
square feet, with a mix of oflice and ~ tls~. Pha~ Il will
contain the remaining 44,000 square fe~, to b~ used for additional
warehouse space. The squa~ footase of the proposed buildings, by phase,
needs to be further specified on the site plan. Th~ northern driveway onto
Royal Lane is labeled as 15' and needs to be ~ as 24'. Brick paver
bands are not required or planned for. the driveway on Cmteway Boul~
therefore thc label referencing paver bands needs to be removed from the
site plan.
Architecture
shades of painaxt tilt wall consUucfion (beil~Vbmwn/dark beige) with ~
service area localed on the south side of the ~ be, hind a solid screen
wall The entire sonth side of the building will be occupied by 39 standard
dock doors' and 2 larger dock doors, measuring ~ly 12' x 17'. The
majority of the building measures 35' in height, with the exception of the
front of the building which reaches a maximum height of 42'.
Item # 8
A 60 square foot monument sign is proposed to be placed at the corner of
Gateview Boulevard and Royal Lane. Thc proposed sign will be
constructed of the same material type and color as the building. While the
applicant has shown the monument sign and indicated the area which will
contain the wording, the precise font color and style has not been
depicted. Staff recommends that these unlmowns be de~rmln~! prior to
Planning Commission action.
The proposed building elevations indicate the areas for poss~le
attached signagc and the color board ~ indicates the conceptual
signage at the front of the building. The outlined areas are in compliance
with the sign regulations.
Landscaping
All perimeter, interior, and non-vehicular landscape req~ have
been met with regards to the number of trees provided. The ~ i~s
clearly denoted the specific required and provided ~ for both
Phase I and Phase II of the development. How~ver, the N~plicant is
required to place landscape islands, with trees, at thc entrance doors
within the truck service are~ Staff has included a condit/on that three
measuring a minimum of 1:50 square feet. While this portio~ of the site is
a service area partially screened by a solid wall, it will nonetheless be
visible from Royal Lane because of grade changes.
A 10' wide TXU Electric easement, containing existing overhead wires, is
located along the west property line. The applicant has prolmsed to plant a
combination of Red Oak and Live Oak trees along this perimeter;
however, staff would recommend that only Live Oaks be plan~l in this
location, in order to lessen the conflict with the power lines. The mature
height of a Live Oak tree is less than a Red Oak tree.
As shown on the submitted color board, the applicant has also propos~ to
place a stone feature at thc front entrance facing Royal Lane. While the
specific design and material has not yet been det~nmined, staff asks that a '
label be placed on the site and landscape plan indicating that a
stone/landscape feature will be present in this location and show the
boundaries of this feature. Further, the applicant must confirm that the
feature will not interfere with site visibility at the entomb.
The south edge of the property is located within a floodplain and dmina~
easement for Cottonwood Branch. At the request of staff, the applicant
has placed a note on the plat indicating that maintenance of the
floodplain/easement area is the responsibility of the owner. Staff would
like to further reiterate that maintenance of this area means that cleaning,
mowing, trash/debris pick-up and general upkeep of this area is required.
Item# 8
To ensure that thc floodplain area is well ~ staff has
recommended that a similar maintenance note tm placed, on thc site plan
and an additional note be provided on the site plan defining maimenance
as noted above.
Replat
The proposed replat will establish all fire lanes, easement, and
dedications. As mentioned above, a note has been placed on the ~
requiring maintenanc~ of the floodplain and ~ entsem~ by the
owner. Staff has requested that the applicant provide lhe City Secrelary
Signature Block on Sheet 2 of the plat submission.
RECO~ATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the site plan and replat, subject ~o the following
conditions:
REPLAT CONDITIONS:
1. Provide City Secretary Signature Block
SITE PLAN CONDITIONS:
1. Remove notation on the SiU~ Plan "Pavers as Required by City" for
entmnceways on Gateview BoUlevard.
2. Show limits of Floodplain on both the Sil~ Plan and Landscape Pla~
3. Revise label on northern enlrance on Royal ~ the correct width of the
entranceway is 24'.
4. Provide a breakdown under Building Tabulations, showing the square footage of
the office/warehouse uses for Phase I, Phase IL and th~ total square footage.
5. Revise sign detail showing the proposed font type and color prior to Planning
Commission action.
6. Provide a floodplain maintenance note on the Site Plan.
7. Provide a no~ on the site plan that defines mainUmauce (of the floodplain area)
as mowing trash/debris removal, and general upkeep of the are~
8. Show all easements on the landscape plan.
9. Substitute Live Oak trees for proposed Red Oaks along the west property line.
10. Confirm provided trees for Non-vehicular Open Spsce; slaff calculat~ only 23
trees.
11. Revise Interior Landscape Calculations to show that 242 psrking spaces are
provided for Phase I and 58 psrking spsces are provided for Phase H.
12. Eliminate reference to building square fooml~ on the Landscape Plan; these are
inconsistent with the site plan-
13. Provide a label on the landscape berm, located at the Royal Lane entrance,
indicating it will be landscape feature and show featm~ boundaries.
14. Provide landscape islands, with a tree, measuring a minimum of 150 square feet
at the entmnc~ along the south building wall.
Item# 8
15. Revise Landscape Plan to correctly show that the landsc, zpe ~ at the Royal
entrance does not encroach into the right-of-way.
1)
2)
~)
4)
Recommend approval of the request
Recommemi ~ ofthe request
Recommend modification of the request
Take under advisement for reconsideration at a later da~e.
ATrACHMENTS:
1)
2)
~)
4)
Replat (She~s I &2)
Site Plan
Buiid/r~ Elevations
Item # 8
T H E · G I T Y 0 F --
'( -OP?ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: April 10, 2001 ITEM
ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinve~tment zone,
pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is that property owned by KCD-TX II Coppell Inv~tment
Limited Partnership, described as Coppell Commerce Center, Block 1 and 2 (19.39 acres) located along Burns
Street between Freeport Parkway and Hammond Street.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT EST $
+k-BID $
CITY MANAGER REVIEW:
Document Name: SPHKCDTX
I II~l I Ff ' ' I ill 'l ii I ~ ~li t ·
NOTICE OF pUBLIC, ~tF~RXNG
OF DESI~HATION OF REZNVES~MENT ZON~
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 10~h day of April, 2001,
at 7..00 P.M., to consider designation of the property described as
Blocks 1 & 2, Coppell Conm~erce Center (19.39 acres), located along
Burns Street between Freeport Parkway and Ha,~l;~nd Street, Coppell,
Texas, KCD-TX II Coppell Investment Limited Partnership, as a
Reinvestment Zone under Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into pursuant
to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate March 23, 2001
GF# 1030323
O~ner Policy No. 44-0352-100-1594
Page 2
DESCRXP~XON
BEING 19.39 acre tract of land situated in the Jaa~s A. Simmons Survey, Abstract No.
1296, City of Coppell, Dallas County, Texas and including all of Blocks I and 2 of
Coppell Commerce Canter, an addition to the City of Cop~ell as recorded in Volume
81051, Page 3041 of the Deed Records of Dallas ~ounty, Texas and being more
particularly described as follows:
BEGINNING at a 1/2-inch iron rod set at the intersection of the north line of Burns
Road (a 60-foot right-of-way) and the east line of Freeport Parkway (an 81-foot
right-of-way at this point);
THENCE North 01 deg. 18 min. O0 sec. East a distance of 1,224.73 feet along the east
line of said Freeport Parkway to a 1/2-inch iron rod found for corner in the south
line of a tract of land conveyed to Home Interiors and Gifts, Inc. by deed recorded
in Volume 93062, Page 4532 of the Deed Records of Dallas County, Texas;
THENCE South 89 deg. 01 min. 04 sec. East a distance of 249.41 feet along the south
line of said Home Interiors tract to a 1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 28 sec. East a distance of 260.00 feet along the South
line of Block 5 of Coppell Commerce Center, an addition to the City of Coppell as
recorded in Volume 81051, Page 3041 of the Deed Records of Dallas County, Texas, to a
1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 04 sec. East a distance of 197.79 feet along the south
line of that certain tract of land conveyed to Mary Virginia Thweatt by deed recorded
in Volume 2112, Page 419 of the Deed Records of Dallas County, Texas, to a 1/2-inch
iron rod found for corner in the north line of a cul-de-sac for Hammond Street, said
iron rod being in a curve to the left that has a central angle of 180 deg. O0 min. 00
sec., a radius of 60.00 feet and a chord that bears South 01 deg. 17 min. 26 sec.
West;
THENCE along the west line of said cul-de-sac and said curve to the left an arc
distance of 188.50 feet to a 1/2-inch iron rod found for corner; THENCE South Ol deg.
17 min. 26 sec. West a distance of 1,059.15 feet along the west line of said Hammond
Street to a 1/2-inch iron rod found at its intersection with the north line of said
Burns Street;
THENCE South 87 deg. 17 min. 36 sec. West a distance of 709.12 feet along the north
line of said Street to the POINT OF BEGINNING and CONTAINING 844,459 square feet or
19.39 acres of land.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
EXHIBIT
T H if C I T Y 0 F
COPi gEL
^ 8 ' CITY COUNCIL MEETING: April 10, 2001
I
AGENDA REQ ST FORM
ITEM # __~
ITEM CAPTION: Comider approval of an Ordinance designating the KCD-TX H Coppell Investment
Limited Parmership property as Reinvestment Zone No. 32, and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AlviT $
FINANCIAL COMAtENTS: 0\~
AMT EST. $
ADg~'da ~n~eTue,, tI~Fo S2 ~. Revised :/00
+X-BID
CITY MAN'AGER ~~,
Document Name: SKCDTXR~.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXA$, DESIGNATll~G
REINVESTMENT ZONE NO. 32 (KCD-TX ID; PROVIDING ELIGIBILITY
OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND
OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspa~"r having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1. That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements sought are feasible and practicable and would be of
benefit to the land to be included in the zone and to the City after the expiration of a tax abatement
agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit "A" attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned thename "Reinvestment
Zone No. 32."
1 38593
SECTION 3. That the property within Reinvestment Zone No. 32 is eligible for
commercial-industrial tax abatement effective on January 1, 2001.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5. That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on th~ __
, 2001.
APPROVED:
CANDY sHEEHAN, MAYOR
ATTEST:
PETER G, SMITH, C~t~ ATTORNEY
LIBBY BALL, CITY SEC~TARY
2 38593
GF# 1030323
~ner Policy No. 44-0352-100-1594
Page 2
DESCRIP~XON
BEING 19.39 acre tract of land situated in the James A. Simmons Survey, Abstract No.
1296, City of Coppell, Dallas County, Texas and including &ll of Blocks I and 2 of
Coppell Commerce Center, an addition to the City of Coppell as re~orded in Volume
81051, Page 3041 of the Deed Records of Dallas County, Texas and being more
particularly described as follows~
BEGINNING at a 1/2-inch iron rod set at the intersection of the north line of Burns
Road (a 60-foot right-of-way) and the east line of Freeport Parkway (an 81-foot
right-of-way at this point);
THENCE North 01 deg. 18 min. OO sec. East a distance of 1,224.73 feet along the east
line of said Freeport Parkway to a 1/2-inch iron ro~ found for corner in the south
line of a tract of land conveyed to H~ Interiors and Gifts, Inc. by deed recorded
in Volume 93062, Page 4532 of the Deed Records of Dallas County, Texas;
THENCE South 89 deg. O1 min. 04 sec. East a distance of 249.41 feet along the south
line of said Home Interiors tract to a 1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 28 sec. East a distance of 260.00 feet along the South
line of Block 5 of Coppell Commerce Center, an addition to the City of Copt)ell as
recorded in Volume 81051, Page 3041 of the Deed Records of Dallas County, Texas, to a
1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 04 sec. East a distance of 197.79 feet along the south
line of that certain tract of land conveyed to Mary Virginia Thweatt by deed recorded
in Volume 2112, Page 419 of the Deed Records of Dallas County, Texas, to a 1/2-inch
iron rod found for corner in the north line of a cul-de-sac for Haam~ond Street, said
iron rod being in a curve to the left that has a central angle of 180 deg. 00 min. 00
sec., a radius of 60.00 feet and a chord that bears South 01 deg. 17 min. 26 sec.
West;
THENCE along the west line of said cul-de-sac and said curve to the left an arc
distance of 188.50 feet to a 1/2-inch iron rod found for corner; THENCE south 01 deg.
17 min. 26 sec. West a distance of 1,059.15 feet along the west line of said Ha~mmond
Street to a 1/2-inch iron rod found at its intersection with the north line of said
Burns Street;
THENCE South 87 deg. 17 min. 36 sec. West a distance of 709.12 feet along the north
line of said Street to the POINT OF BEGINNING and ~ONTAINING 844,459 square feet or
19.39 acres of land.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
I~IrI'BXT
CITY COUNCIL MEETING: April 10, 2001 ITEM
ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell and KCD-TX II Coppell Investment Limited Partnership, and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
Agenda Request Form - Revised 5/00
+\-BID $ ..
CITY MANAGER RE.W:
Document Name: SKCDTXTa,doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND KCI)-TX II COPPELL
INVESTMENT LIMITED PARTNERSHIP; AUTHORIZING ITS EXECUTION BY THE
MAYOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and among the City of Coppell, Texas and KCD-TX II Coppell Investment Limited Partnership, a
copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The City Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community through
a combination of new capital investment, increased sales tax revenues, and the creation of additional
job opportunities.
SECTION 3. The tax abatement to be granted by the Agreemem will not include
inventory, and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
1 38591
SECTION $. The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by
the ~ative vote of the majority of the members of the City Council of the City of Coppell,
Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Copp~ll, Texas,
on this the __ day of ,2001.
CITY OF COPPELL, TEXAS
CANDY SHEEHAN, MAYOR
ATTEST:
APpE~RNEY
(P(3S/tt102/09/01)
LIBBY BALL, CITY SECRETARY
2
38591
STATE OF TEXAS §
COUNTY OF DALLAS §
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the "Agreement") is entered into by and between the City
of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and KCD-TX II
Coppell Investment Limited Partnership ("Owner"), acting by and through its authorized matmger.
WITNESSETH:
WItEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 32 (the "Zone"),
for commemial/industfial tax abatement, as authorized by the Property Redevelolanent and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the ''Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplal~ by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner's development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), thc contemplated improvements to thc Premises thereto in thc amount ~ forth in th~
Agreement, and the other terms hereof are consistent with encouraging deVelopment of the Zone in
accordance with the purposes for its creation and/or in compliance with the Tax Abatement
Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and
WHEREAS, the City Council finds that the improvements sought are feasible and
practicable and would be of benefit to the Premises (hereinat~er defined) to be included in the Zone
and to the City after expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been fumished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing urdts in which the
Premises is located; and
TAX ABATEMENT AGREEMENT - Page 1
38590
WHERE.AS, the City desires to enter into an a~ment with Owns, the propos~ owner of
the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to
Chapter 312 of the Tax Code as mended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and r~ipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
GENERAL PROVISIONS
1. Owner is the owner of the real property described in Exhibit "A" attac~ hereto and
made a part hereof for all purposes (the "Land" hereinafter defined), whioh real pro~ 'is located
within the city limits of the City and within the Zone.
2. The Premises are not in an improvement project financed by tax increment bonds.
3. This Agreement is emered into subject to the rights of the holders of outstanding
bonds of the City.
4. The Premises are not owned or leased by any member of fl-,e Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member ~the governing
body of any taxing units joining in or adopting this Agreement.
TAX ABATEMENT AUTHORIZED
5. This Agreemem is authorized by the Tax Code and in ~ce with the City Tax
Abatemem Guidelines and Criteria, and approved by resolution of the City Council of the City
authorizing the execution of this Agreement.
6. Subject to the terms and conditions of this Agreement, and provided the Taxable
Value for the Improvements is at least Nine Million Dollars ($9,000,000) as of January I of the First
Year of Abatement and a~ of January 1 of each year thmaft~ ~ AgRnancnt i~ in clt~, thc City
hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the
Improvements for a period of five (5) consecutive years. The actual percentage of Taxable Value of
the Improvements subject to abatement for each year this Agxeement is in effect will apply only to
the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value for
the Land, the year in which this Agreement is executed (base year/2001).
7. The period of tax abatemem herein authorized shall be for a period of five (5) years.
8. During the period of tax abatement herein authorized, Owner shall be subject to all
City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
TAX ABATEMENT AGREEMENT - Page 2
3859o
DEFINITIONS
9. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
A. The "Base Year Taxable Value" shall mean the total assessed taxable value
for the Premises for the year in which the Tax Abatement Agreement is executed (200 I).
B. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or
termination of Owner's existence as a going business, insolvency, appointment of
receiver for any part of Owner's property and such appointment is not terminated within
ninety (90) days after such appointment is initially made, any general assignment for the
benefit of creditors, or the commencement of any proceeding Under any bankruptcy or
insolvency laws by or against Owner and such proceeding is not dismissed within ninety
(90) days after the filing thereof.
C. The "First Year of Abatement" shall mean January 1, 2003.
D. "Force Majeure" shall mean any contingency or came beyond the reasonable
control of Owner including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, adverse weather, government or de facto governmental action
(unless caused by acts or omissions of Owner), fires, explosions or floods, strikes,
slowdowns or work stoppages.
E. The "Improvements" shall mean the contemplated improvements to be
constructed on the Premises and as further described herein.
F. The "Land" shall mean the real property described in Exhibit "A" attaeh~
hereto and incorporated herein for all purposes.
G. The "Premises" shall meam the Land descfi~ in Exhibit"A" including the
Improvements but excluding Tangible Personal Property which is added thereto subsequent
to the execution of this Agreement;
H. "Taxable Value" means the appraised value as certified by the Appraisal
District as of January 1 of a given year.
I. "Tangible Personal Property" shall mean tangible personal
property, equipment and fixtures other than inventory or supplies added to the Premises
subsequent to the execution of this Agreement.
IMPROVEMENTS
10. Owner owns the real property on Bums Street and Free~rt Parkway, Coppell,
Dallas County, Texas described in Exhibit "A" and agrees to construct or cause to be constructed
TAX ABATEMENT AGREEMENT - Page 3
38590
thereon, three (3) office/warehouse buildings, containing in the aggmgat~ at least 230,000 square
feet (and other ancillary facilities such aa reasonably required parking ~ landscaping mor~ fully
described in the submittals filed by Owner with the City from time to time in order to obtain a
building permit) (the "Improvements"). The cost of the Improvements excluding the land shall be
at least Nine Million Dollars ($9,000,000). Nothing in this Agreement ahall obligate Owner to
construct the Improvements on the Premises, but said action is a condition precedent to tax
abatement pursuant to this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
Agreement, Owner will diligently and faithfizlly, in good and woikmanlil~ mann~, and ~ the
completion of the contemplated Improvements on or before December 31, 2001, as good and
valuable consideration for this Agreement, and that all construction of the ~lmprovements will be in
accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof);
provided, that Owner shall have such additional time to complete and maintain the Improvtments as
may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing
completion of the Improvements.
12. Owner agrees to maintain the Improvements during the tem~ of this Agreemem in
accordance with all applicable state and local laws, codes, and regulations. Owner ~ that th~
Improvements shall be used only as office/warehouse buildings for a period of five (5) years
commencing on the date a ceafificate of occupancy is issued for the Improvtments.
13. The City, its agents and employees shall have the right of acceaa to the Premises
during construction to inspect the Improvements at reasonable times and with rea~nabl~ notice to
Owner, and in accordance with Owner's visitor access and security polici~, in order to insure that
the construction of the Improvements are in accordance with this Agreement and all applicable state
and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
14. Cons~ction plans for the Improvements constructed on thc Premi~ will be filed
with the City, which shall be deemed to be incorporated by reference herein and made a part hereof
for all purposes.
15. Afl~ completion of the Improvements, Owner shall certify in writing to tbe City the
construction cost of the Improvements. Owner shall prior to May 1 of eae~ calendar year that this
agreement is in effect certify in writing to the City that it is in compliance with each term of the
Agreement.
16. The Premises and the Improvements constructed thereon at ali times ~ be used in
the manner (i) that is consistent with the City's Comprehensive Zoning ~ as amended, and
(ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
TAX ABATEMENT AGREEMENT - Page 4
3859O
17. Owner agrees to provide to the tenants of the Premises, the benefit of the abatement
of real property taxes granted herein. Owner shall, upon written request, provide the City with
satisfactory evidence that the benefits of this Agreement have been pmvidecl to the tenants of the
Premises.
DEFAULT: RECAPTURE OF TAX I~VENUE
18. In the event Owner: (i) fails to complete the Impmvemeuts in accordance with this
Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has
delinquem ad valorem or State sales taxes owed to the City with respect to the th-mnises (provided
Owner retains its right to timely and properly protest such taxes or assessment); (iii) has any "Event
of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this Agreement,
then Owner, after the expiration of the notice and cure periods described below, shall be in default
of this Agreement. As liquidated damages in the event of such default, Owner shall, within thirty
(30) days after demand, pay to the City all taxes which otherwise would have been paid to the City
without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as
determined by Section 33.01 of the Tax Code as amended but without penalty. The parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The parties further agree that any abated tax, including interest as a result of
this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a
tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30)
days after termination.
19. Upon breach by Owner of any obligations under this A~reement, the City shall
notify Owner in writing. Owner shall have thirty (30) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default,
then the City may extend the period in which the violation must be cured.
20. If Owner fails to cure the default within the time provided as specified above or, as
such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement by written notice to Owner.
21. Upon termination of this Agreement by City, all tax abated as a result of this
Agreement shall become a debt to the City as liquidated damages, and shall become due and
payable not later than sixty (60) days ~er a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based Upon
the full Taxable Value of the Improvements without tax abatement for the years in which tax
abatement hereunder was received by Owner with respect to the Improvements as determined by
the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City
Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent
taxes and shall commence to accrue after expiration of the sixty (60) day payment period.
TAX ABATEMENT AGREEMENT- Page 5
ANNUAL APPLICATION FOR TAX EXEMPTION;
22. It shall be the responsibility of Owner, pursuant to the Tax Code. to file an annual
exemption application form with the Chief Appraiser for each Appraisal District in which the
eligible taxable property has situs. A copy of the exemption application shall be submitted to the
City upon request.
SUCCESSO~ ANI) ASSIGNS
23. This Agreement shall be binding on and inure to the benefit of the parties to it and
their resp~tive heirs, executors, administrators, legal representatives, successors, and assigns. This
Agreement may be assigned with the consent of the. City Manager. After any permitted as~ignment~
all references to Owner herein shall thereaRer be a reference to Owner's successor with respect to
any obligations or liabilities occun'ing or arising after the date of such assignment.
NOTICE
24. All notices required by this Agreement shall be addressed to the following, or other
such other party or address as either party designates in writing, by certified mail, postage pre. d,
or by hand or overnight delivery:
If intended for Owner, to:
Atto: Scott Ozymy
KCD-TX II Coppell Investment Limited Partnership
by: KCD-TX Coppell Investments, LLC,
a Texas limited liability corporation, its general partner
8411 Preston Road
Suite 700
Dallas, Texas 75225
If intended for City, to:
Arm: City Manager
City of Coppell, Texas
255 Parkway Boulevard
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
TAX ABATEMENT AGREEMENT - Page 6
3859O
CITY COUNCIL AUTHORIZATION
25. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
26. In the event any section, subsection, p~h~ ~ntence. phrase or word he.in is
held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
APPLICABLE LAW
27. This Agreemem shall be construed under the laws of the State of Texas. Venu~ for
any action under this Agreement shall be the State District Court of Dallas County, Texas. This
Agreement is performable in Dallas County, Texas.
29. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same insmm~.
ENTIRE AGREEMENT
29. This Agreement embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporary agreements between the parties and relating to the
matters in this Agreement, and except as otherwise provided herein carmot be modified without
written agreement of the parties to be attached to and made a pan of this Agreement.
CONVENANTS RUNNING WITH THE PREMISES
30. The provisions of this Agreement are hereby declared covenants running with the
Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right,
title, or interest in or to the Premises, or any part thereof. Any person who acquires any fight, rifle,
or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and
fully perform the provisions of this Agreement with respect to the fight, rifle or interest in such
Premises.
RECORDATION OF AGREEMENT
31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
TAX ABATEMENT AGREEMENT - Page 7
38590
INCORPORATION OF ~ALS
32. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXHIBITS
33. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
EXECUTED in duplicate originals this the day of ,2001.
CITY OF COPPELL, TEXAS
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
AGREED AS TO FORM:
CITY ATTORNEy
LIBBY BALL, CITY SECRETARY
EXECUTED in duplicate originals this the._az~day of~ 2001.
KCD-TX H COPPELL INVEgfMENTS LIMITED
PARTNERSHIP, · Texm limited partnership
By:
By:
Name:
KCD-TX Coppell Investments, LLC, a Texas
limited liability corporation, its general
partner
MANAGER
TAX ABATEMENT AGREEMENT - Page 8
38590
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~ day of ,,
2001, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
My Commission Expires:
Notary Public, State of Texas
TAX ABATEMENT AGREEMENT - Page 9
385~0
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~ day of ~
2001, by ~ ~ being the Manager of KCD-TX CoPPell ~v~
LLC, a Tex~s- limited ttgal~ilit~corporation, its general partner of KCD-TX II Coppell Investment
Limited Partnership, a Texas limited partnership, on behalf of said on behalf of said partnership.
Notary Public, 8~ of Texas
TAX ABATEMENT AGREEMENT - Page 10
GF# 1030323
Owner Policy No. 44-0352-1OO-1594
Page 2
DI~SCRXI~XON
BEING 19.39 acre tract of land situated in the James A. S~_-~aons Survey, Abstract No.
1296, city of Coppell, Dallas County, Texas and including all of BloCks I and 2 of
Coppell Commerce Center, an addition to the City of Coppelli&s recorded in Volume
81051, Page 3041 of the Deed Records of Dallas County, Texas end being more
particularly described as follows:
BEGINNING at a 1/2-inch iron rod set at the interseotion of the north line of Burns
Road (a 60-foot right-of-way) and the east line of Freeport Parkway (an 81-foot
right-of-way at this point);
THENCE North 01 deg. 18 min. 00 sec. East a distance of 1,224.73 feet along the east
line of said Freeport Parkway to a 1/2-inch iron rod found for corner In the south
line of a tract of land conveyed to Home Interiors and Gifts, Inc. by deed recorded
in Volume 93062, Page 4532 of the Deed Records of Dallas County, Texas;
THENCE South 89 deg. 01 min. 04 sec. East a distance of 249.41 feet along the south
line of said Home Interiors tract to a 1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 28 sec. East a distance of 260.00 feet along the South
line of Block 5 of Coppell Commerce Center, an addition to the city of Coppell as
recorded in Volume 81051, Page 3041 of the Deed Records of Dallas County, Texas, to a
1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 04 sec. East a distance of 197.79 feet alOng the south
line of that certain tract of land conveyed to Mary Virginia Thweatt by deed re~Orded
in Volume 2112, Page 419 of the Deed Records of Dallas County, Texas, to a 1/2-inch
iron rod found for corner in the north line of a cul-de-sac for Hammond! Street, said
iron rod being in a curve to the left that has a central angle of 180 deg. 00 min. O0
sec., a radius of 60.00 feet and a chord that bears South 01 deg. 17 min. 26 sec.
West;
THENCE along the west line of said cul-de-sac and said curve to the left an arc
distance of 188.50 feet to a 1/2-inch iron rod found for corner; THENCE South 01 deg.
17 min. 26 sec. West a distance of 1,059.15 feet along the west line of said Hammond
street to a 1/2-inch iron rod found at its intersection with the north line of said
Burns Street;
THENCE South 87 deg. 17 min. 36 sec. West a distance of 709.12 feet along the'north
line of said Street to the POINT OF B2OINNINO and CONTAININO 844,4S9 square feet or
19.39 acres of land.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
Kr~[RIT UA"
CITY COUNCIL MEETING: April 10, 2001 ITEM #
ITEM CAPTION:
Consider approval of a variance to the City of Coppell's Subdivision Ordinance #94643 Appendix C, Section
V, Sub-Section F which prohibits overhead services to cross public rights-of-way, to permit Capco
Communications, Inc. to construct overhead service for Coppell Independent School District over public
rights-of-way using existing electric poles.
SUBMITTED BY: Michael A. Martin, P.E.
TITLE: Assistant City Engineer
STAFF COMMENTS:
A request has been made by Kyle Capps, Chief Executive Office for Capco Communications, Inc. for a varianc~ to the
City's Subdivision Ordinance to allow the co--on of overhead services over public righrvof-way for _the
construction of a private fiber network to connect all of the CoppeH Independent School District (CISD) ~.
Mr. Capps has been contracted by CISD to install a private fiber telecommunication system to connect all CISD
buildings. Mr. Capps had anticipated installing most of the fiber network on exi~ TXU poles. In areas where there
are no existing poles, the fiber would be installed underground'. In the plans submitted to the City, new fiber optic lines
were shown to be installed overhead across public fight-of-way. The contractor was informed that in accordance with
the Subdivision Ordinance Appendix C, Section V, Sub-section F "Overhead services will not be permitted to cross
public fights-of-way". Attached is a March 23, 2001 letter from Capco Telecommunications, Inc. explaining their
request for variance to the Subdivision Ordinance.
Staff will be available for questions at the Council meeting.
BUDGET AMT. $
FINANCIAL COMM~NTS:V4~,¥
AMT. EST. $
DIR. INITIAJ.,S: g'7
Agenda Request Form - Revised 5/00
+\-BID $
CITY MANAGER RI~VIEW:
Doounent Name: ~
'1' Y o If
C-OPi ELL
Date:
To:
From:
Subject:
April 4, 2001
Mayor and City Council//~//
/t~//
Ji~DWivtt'ariCif~Manage~~j,//
On Tuesday afternoon, April 3, I was provided the following information by CISD officials.
The total cost of the project in Coppell for CISD properties for their information systems would
be $600,000. If they comply with our subdivision regulations as presently written, the cost of
going underground would be between $2.7 million and $2.9 milli°n, therefore, an increase to
CISD of $2.1 million to $2.3 million.
P~V:kb
MCCI
March 23, 2001
City of Coppell
255 Parkway
Coppell, TX 75019
Attention: Mr. Clay Phillips, Deputy City Manager
Reference: Fiber Network for Coppell Independent School District
Dear Mr. Phillips,
As a follow up to our meeting on Wednesday of this week, Capco Communications, Inc.,
on behalf of the Coppell Independent School District, is requesting a variance to the City
of Coppell 1994 Subdivision Ordinance prohibiting the placement of any aerial
telecommunications that crosses public right-of-way. This variance would allow Coppell
ISD to utilize existing pole placements to place the District's fiber network. Tiffs fiber
network is for the sole, non-commercial use of Coppell ISD.
As stated in our meeting, Capco Communications, Inc. was contracted by Coppell 1SD to
construct a private fiber network to connect all of Coppell ISD campuses. Capco
designed the network based on placement of existing telecommunications facilities.
Capco designed aerial fiber construction within the City based solely on existing pole
infrastructure and Capco will not be installing any new pole placements within the City.
All underground placement of the fiber network would follow existing underground
routes of existing telecommunications providers.
Capco recognizes that public right-of-way should be utilized to the greatest benefit of the
community and the installation of a high speed communications infrastructure connecting
all of Coppell ISD's campuses would benefit not only the children of the community, but
the community as a whole. The variance would allow for the placement of the fiber on
existing pole infrastructure thereby greatly reducing Coppell ISD's construction costs as
well as minimizing the disruption to the community during construction of the network.
As an added benefit to the community for the City Council's consideration to this
variance, Capco will extend the Coppell ISD fiber network to the Coppell Public Library
thereby permitting students to have access to Coppell ISD technology resources after
normal school hours. This extension to the network will be provided by Capco at no cost
to either Coppell ISD or the City of Coppell.
P O. ~o, 91087 - -~li~, ~Z~78709
. (512)894./i184
Thank you for all your help and I appreciate your efforts in this matter. Plea,ne call me if
you have any questions or concerns.
Kyle F. Capps ''
Chief Executive Officer
CC:
Mr. Michael A. Martin, PE
Dr. Wilburn O. Echols, Jr., Superintendent, Coppell Independznt School Distict .
Mr. Randy Sumrall, Director of Technology, Coppell Independent School Diatrict
Hardcopy via FedEx
KC/bs
SECTION V - UTHATY SERVICES
All services for utilities shall be made available to each lot in such a mam~ so
as to eliminate the necessity for disturbing the street and alley pavement, curb'
gutter, sidewalks, nmi drainage structures when connections are made.
AH gas, electric, telephone utilities, street lighting, and cable television shall be
underground except where conditions do not wan-ant undergrom~ instMlations,
The use of above ~round utilities may be considered on an individual case basis
if the services are placed on the rear property line.
Ce
All support equipment (transformers, amplifiers, switching devices, etc.)
necessary for undergrou~ installations shall be l~d mounted or pinced
underground.
D. The electric utility company shall be responsible for developing administrative
policies and cost reimbursement procedures for tho in~ and exl~nsion of
underground electric service. These policies shall permit the electric company
to recover the cost differential between extending and installing ovedasid and
underground service.
The Developer shall furnish all easements and right-of-way necessary for
construction of electric, gas, street lighting, telephone ~ cable television servi~
to the subdivision.
F. Overhead services will not be permitted ~o cross public fights-of-ways.
G. All borings will be required to be completed by "dry bore" methods with c~ing
pipe or as approved by the City.
END OF SECTION
AGENDA REQUEST FORM
C~Y COUNC~ ~E~O: A~ 10, 2~1 I~M #
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 telecommum'cation lines imt~lled and related
appurtenances; and authorizing the City Manager to sign.
SUBMITTED BY: Michael A. Martin, P.E.
TITLE: Assistant City Engineex
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. $
D~. INITIALS: K2,
Agenda Request Form - Revised 5/00
\
+\.BID $
Document Name: ~ng4
INTERIM PUBLIC RIGHT-OF-WAY USE A~
BETWEEN THE CITY OF COI~PELL AND
COI~I'ELL INDEPENDENT SCHOOL DISTRICT
This Public Right-of-Way Use A~reement ("Asreem~nt') is hereby made and entered
into by and between the City of Coppell C'Cit3f), a home nde municipal corpo~ orl~tized
under the laws of the State of Texas, and acting by and through its City ~er, its duly
authorized asent and the Coppell Independent School District ("CISD"), a~dng 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 ~hool Distr,.
the Public Rights-of-Way, except with permission of the City. CISD wishes to excavat~ in the
Public Rights-of-Way in order to provide fiber optic system or otherwise use the n'ght-of-way.
C. In accordance with state law, a municipality nuy exercise police power-based
regulations in the management of the use of its Public RigJ~ts-of-Wny in ~ to ~ the
health, safety and w~lfare of the lmblic. The City wi~h~ to set fo~h tmlo~bl~ regulatio' m and
requirements in this Agreement for the use of the Public Rights-of-W&y by CISD ~ CISD is
willing to abide by such regul~m.
Capitalized terms used in this Agreement and not otherwise defined within this
A~reement shall have the following meaninl~:
Access Line shall mean, unless the PUC adopts n different definition ~ to Section
283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter
283.
Att shall mean the Federal Communications A~t of 1934, as lumnded by the
Telecommunications A~t of 1996.
Affiliate sludl mean any individual, Parmership, 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 ~cations Act
of 1934, as sunended by the Telecommunications Act of 1996.
Cable Television S/stem shall mean the same as it is defined in the Federal
Communications Act of 1934, as amended by the Telecommunications Act of 1996.
Certifictted Tdecommunicttions l'rovider shall mean the nme as it is defined in the
Local Goventment Code, Chapter 283.
CISD shall mean the Coppell Independent School District.
City shall mean the ama within the corporate limits of the City of Copped, Text.
Director shall mean the Director of the City's Engineering Services Depeflment or
authorized representative.
Facilities simll mean all facilities placed in, on, under or abov~ the Public Ri~J~t-of-Wny
by or on behalf' o£ CISD, including, but not limited to, duct spaces, nmnholes, pol~, conduit~
undeqpound and overhend passageways, and other equipment, ~ and s~enan~s and
all associated physical devices in the Public Ri~ts-ot'-Way used by CISD for purposes other
than the provision o£Cable Services.
I~CC shall mean the l~ederal Communications Commission.
l~erson shall mean an individual, a corporation, n limited liability CISD, ~ general or
limited partnersl'~p, a sole proprietorship, a joint, venture, n business trust or any other form of
busines~ entity or association.
l~ubli¢ Rights-of=Way shall mean the same as it is defined in the Local Govenunent
Code, Chapter 293.
I~UC shall man the Public Utility Commission of Texas.
Open ¥ideo System shall mean the same as it is defined in Title 47, Code of l~eder"~i
CISD shall not initiate or have initi'"'""~ any kind of ~ installation,
maintenance, repairs or other work that requires the excavation, lane c, losur~ or other physical
use o£ the Public Ril~,s-o£-Wny unless C[SD first obtain~ a respectiv~ permit ("Permit") from
the Director. The City will provide the Permit to CX~D fl~e o£ clmrge following (i) fi~ll
compliance with the prerequisites set ~orth in Section 3 o£this A~reement and(ii) the Director's
review or' CISD's Permit npplicntion within a rensonable time ~ollowing its submission to the
Director.
2
PB~RF. OUIS1TES TO ISSUANCE OF CONSTRUCTION PERMIT
Iff order for the City to know which CTPs own Facilities in the City's Publi0
Rights-of-Way, CISD shall resister with the City Manap and l~ovide 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 bindin8 and decision-making
authority for the ClSD 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 ~
CISD shall submit an application for a Permit, including plan ~ to the
Director at least ten (10) working days prior to the c~nmencen~nt of the reslM~'ve use
of the Public Rights-of-Way except (i) where waived by tl~~ in writing or (ii) in
the event of an emerge~ response related to an existing Facility owned by ~. The
Permit application shall include the following information at a minimum: (i) the name of
CISD; (ii) the current name, addren 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 nnme, nddren and telephone number(s) of any
contractor or subcontractor that will he performing work in, on or above the Public
Rights-of-Way; (iv) the proposed location of any construction and route of all Facilities
ti,at CISD intends to install in, on, or above the Public RisIM3-of-Way; (v) the
constmct~n and/or installation methods that ClSD intends to emp~)y in order to lxotect
e0tistin8 structm~ fixtures and filcilities wM~n or adjacent to the portions of the Public
Rights-of-Way that will he affected by CISD's respective proj~t; (vi) the dates and times
that CISD wishes to use the Public Rights-of-Way; (vii) shall submit detailed en~neerins
drawings to scale, no hrger 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 tl~ Director copies of the "as built" documents ~or each installation in the Rights=
of-Way.
3.3 ~xecuted Public Ri_~tht-of-Wa_v Use A~'_ eement.
CLSD shall provide the Director with a fully executed copy of this As;reement
upon submission of CISD's Permit application.
3.4 Compliance With All City_ Ordinances.
CISD a~rees to comply with ali City Ordinances on co~ in the Public
Rights-of-Way, and such ordinances the CISD acknowledses it has either reviewed or
39718
CISD shall pay the City a quarterly fee calculated monthly and ~ upon the
Acc~a Line rates for the City adopted by the I~LIC in ~ with Seetion 283,055 of
the Texas Local Government Code, if it is or becomes a ~ed TeleCOmmunications
Provider.
4.2 ~
provided in section 7 of this A~reement. The Fee shall be ~ ~ fortY-~ (45) ~
followin~ the last day of each quarter and such fee shall be exchasive of any otluor
appropriate fee required by the enactment of the Right-of-Way Ordinance, as amended.
This Aigeement shall become effective On the date of its ~on ("Effecfiv..' · Dat,,"),
and shall terminate upon the effectiveness of a City ordinance govemin~ the us~ of tbe Publi~
Rights-of-Way public utilities or others.
6. CABI.R .~FRVICES AND OPEN VIDEO SYSTEMS PROtHB~
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
United States Postal Service, postage paid, certified mail, return ~ requested, ~~ as
follows:
TO TH~ CITY:
WITH A COlbY TO:.
~im Witt, City Ma~er
City of Coppoll
P.O. Box 47~
255 Parkway Boulevard
Coppell, Texas 75019
Robert E. Ha~, City ~
NICHOLS, JACKSON, DILLARD,
HA6t~R ~
1800 Lincoln ~
500N. Akard
Dallas, Texas 75201
4
3971S
WITH A COPY TO:
Superintendent of Schools
Coppell Independent School District
Coppell, Texas 75019
8. COMPLIANCE WITH LAWS
CISD alP~es to comply with all federal, state and local law~; all ordinancea, rules and
regulatiom of the City, and all rules and regul~om established by the Director in order to
protect the public health, safety and welfare.
The failure of tbe City to insist upon the ped~ of any term or pmvi~n of ~
Agreement or to exercise any rights that the City my have, either under this A~reement or tbe
law, slmll not comtitute a waiver of the City's rigJ~ts to insi~ upon ~ ~ or to
~ ~y such ril~t 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. ~ real or rammed, at law
or in equity, arises out of the temm of this ~ venue for such actkm ~mll lie exclusively
in state court located in Dallas County. Texas. ortbe United States ~ court gm'the Northm~
District of Texas, Dallas Division, unless otlm~se provided by law.
11. CONFERENCES
At the request of either the City or CISD, the City and CISD slmll meet at reasonable
times and upon reasonable notice to discuss any aspect of this Asreement or ~'s use of the
Public ~f-Way.
If any provision of this Agreement is held to be invalid, illegal or ut~e by a
final order entered by a court of competent jurisdiction, tb~ v~lidity, ~ or enforceability of
the remaining provisions shall not in any way be affec~M or impaired. For put. sea of this
Asreement, a court order shall be final only to the extent that ~ available legal ~ and
remedies pertaining to such order, includin~ without limitation, all available ~ls, have been
39/18
13. }~RADINGS NOT CONTROLLING
Headings and titles that are used in this Agreement are for reflwence purposes only and
shall not be deemed a part of this Agreement.
14. ENTIRETY OF A~
This Agreement contains the entire understandin8 and a~reem~nt between the City and
the CISD as to the matters contained herein. Any prior or c~mtemim~m~ms oral or written
alp~-n~nt is hereby declared null and void to the extent in conflict with the terms and conditions
of this Asreement. This Asreement shall not be amended unless ~ to in w~h'4~ by both
CITY OF COPP~LI.,, TEXAS
COPPEI!, INDE~~ SCIi~L
DISTRICT
By: By:
Jim Witt Name:
City ~mas~r
Title: Superi~
ATTEST:
By:
Ubby mdi, C~y secre~
By:
APPROVI~ AS TO FORM:
Comssel for CISD)
6
39e/18
CITY COUNCIL MEETING: April 10, 2001 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance amending Chapter 6 of the Code of Ordinances by adding Article 6-14
entitled "Certain Uses of Public Right-of-way"; and authorizing the Mayor to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $
A CIAt.
DIR. INITIALS: JZ~
Agenda Request Form - Revised 5/00
AMT. EST. $
FIN. REVIEW:
+X-Bm $
CITY MANAGER REVIEW:
Docurnent Name'. ~81
MEMORANDUM
FROM THE
DEPARTMENT OF ENGI ERING
I
To:
From:
Date:
RE:
Mayor and City Council Members
Kenneth M. Grlmn, P.E., Dir. of Engineering/Public Works ~
April 10, 2001
Consider approval of an Ordinance amending Chapter 6 of the Code of Ordinances by
adding Article 6-14 entitled "Certain Uses of Public Right-of-way"; and authorizing the
Mayor to sign.
Engineering is responsible for coordinating with various utility companies on the utilization of the City's
right-of-way for the installation of their facilities. With deregul~on and the explosion of
telecommunications, we are no longer dealing with the basic electric, gas or cable companies. We are
now dealing with the basic utility companies and numerous telecommunication companies wishing to use
our right-of-way. To date, Council has approved six interim Right-of-way Use Agreements to companies
which are utilizing our right-of-way that do not have the typical franchise agreement with the City. Upon
passage of this ordinance, those interim agreements will be vacated and those entities will fall under this
new ordinance.
To avoid conflicts with installation of various facilities and/or damage of existing facilities during
installation, it is imperative that the City have control of the right-of-way and have in place rules and
regulations for the orderly installation of facilities within the right-of-way. Approval of this ordinance
will provide the tools to accomplish those goals.
Section 6-14-3 goes into great detail on the requirement for service providers to obtain permits and to
register with the City. The registration is important as it provides contacts in the event that we need to
contact a service provider. It also provides for proof of insurance.
Section 6-14-4 is a requirement for each service provider to provide the City yearly plans of record
showing all their facilities in the public right-of-way.
Section 6-14-5, in my opinion, is the most critical part of this proposed ordinance. This section requires
service providers to provide detailed plans and information to the City prior to beginning work in the
fight-of-way. Also, it requires that a permit be obtained prior to any work taking place. Emergency
activities are exempt from this requirement. Numerous times my office has been contacted concerning a
utility company which has blocked a lane of traffic, typically at the most inopportune time, to perform
some murine maintenance. Again, this ordinance would require that all service providers obtain a permit
prior to performing any work within the City right-of-way. Except for emexgency activities, there are two
other activities which do not require a permit: 1) providing utility service, if the utility service is provided
on the same side of the right-of-way without a pavement cut or excavation in the right-of-way or
interruption of traffic; and 2) the replacement of a damaged pole, however only with a pole of equal size
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DF~IGN"
and height. Short of those three situations, a permit will be required for all activity within the City right-
of-way.
Paragraph H of Section 6-14-5 describes situations where a permit may be refused, There have been times
recently when we have refused permits because information submitted was inadequate to determine
whether or not there would be conflicts with existing utilities. Typically those service providers have
challenged our authority to deny them the right to be in our fight-of-way. This section will very
specifically detail situations whereby a permit will be refused or revoked.
Section 6-14-7 describes the general requirements for street excavation and the maintenance of that
excavation. It also gives additional information on repairs. In particular, Paragraph B2 of Section 6-14-7
specifically states that pavement cuts in new paving will not be allowed for the first 60 months ai~er the
paving has been placed. During the construction of any new roadway, we coordinate extensively with
various utility companies for the relocation and/or upgrade of their facilities during the reconstruction of
the roadway. To immediately follow-up new construction with paving cuts for new services or upgraded
services points to poor planning and it compromises the integrity and the life of the new paving.:
Section 6-14-8 describes very specific requirements for the service providers on returning the right-of-way
to as good as or better condition.
Section 6-14-13 is important as it states that permits issued prior to the effective date of this ordinar~,e are
not bound by the terms of this ordinance. As previously noted, there are six interim permits approved by
Council. Those permits will fall under this ordinance because the terms of their interim permit approval
mandated that once a permanent fight-of-way use ordinance was adopted that they would abide by it. It is
also important to note that utility companies, which have current franchise agreements with the City of
Coppell, will not be bound by this ordinance until such time as their franchise agreement expires.
The adoption of this ordinance is an important step forward in an attempt to better regulate our right-of-
ways especially with the proliferation of telecommunications and fiber optics being installed within our
right-of-way.
Staff recommends approval of the amendment of Chapter 6 of the Code of Ordinances by adding Article
6-14 entitled "Certain Uses of Public Right-of-way'". Staff will be available to answer questions
concerning this ordinance at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DF~"IGN"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COFPELL, TEXAS,
AMENDING CHAFFER 6 OF ~ CODE OF
ORDINANCES BY ADDING ARTICLE 6-14, SECTIONS 6-
14-1 THROUGH 6.16.13, PROVIDING TERMS AND
CONIDTIONS FOR USE OF THE PUBLIC RIfF-
WAY, AND MAY BE KNOWN AS THE "PUBLIC RIGHTS-
OF-WAY MANAGEMENT ORDINANCE"; PROVIDING
FOR A METHOD OF PERMITTING AND ~ CHARGES
THEREOF; PROVIDING A REPEALING CI~USE;
PROVIDING A SEVERABHJTY CI~USE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED ~ SUM
OF TWO THOUSAND DO~ ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECITVE DATE.
NOW, TUF~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE
CITY OF COPPELL, TEXAs:
SECTION 1. That Chapter 6 of the Coppell Code of Ordinances be ameaded by adding
Article 6-14, Sectiom 6-14-1 through_ 6-14-13, to read as follows:
"ARTICLE 6.14. CERTAIN USES OF PUBLIC RIGHT-OF-WAY
See. 6-14-1. Deflnitiom.
A. Backfill m~s:
1. the placement of new dirt, fill, or other material to r~ an
excavation; or
2. the return of excavated dirt, fill, or other material to an excavation.
B. City shsll mean the City of Coppell and the iay's of cen and
mnploye~s.
C. Closure means a complete or partial closing of one or more lanes of
traffic of a thoroughfare for any period of time. ~
D. Construcfi~ means any of the following activities perform~ by any
person within a public right-of-way:
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1. Installation, excavation, laying, placement, repair, upgrade,
maintenance, or relocation of facilities or other improvemms,
whother temporary or permanent.
2. Modification or alteration to any surfac~ subsudb~ or aerial
Sl~ce within the public right-of-way.
3. Performance, restoration, or repair of' pnvement cuts or
excavations.
4. Reconstm~on of any of the work described in Paragraphs (DX!)
through (DX3)of this subsection.
5. Other similar construction work.
E. Director means the director of engineering or any designated
represen~tive.
F. EmergenO, dctivi~ means circumstances requirin~ immediate
construction or operations by a service provider to:
1. prevent imminent damage or injury to the health or safety of any
person or to the.public right-of-way;
2. restore service; or
3. prevent the loss of service.
G. F_xcavation means the removal of dirt, fill, or other nmterial in the
public right-of-way, including but not limited to the methods of open trenc~ng.
boring, tunneling, or jacking.
H. Fac'fifties means the plant, equipment, buildings, ~ poles,
wires, cables, lines, conduit, mains, pipes, vaults, and at~u~mumces of a service
provider and includes property owned, operated, leased, lic,~med, used,
controlled, or supplied for, by, or in connection with the business of the service
provider.
I. Licensee means the person applying for or receiving a permit to
perform construction within the city's right-of-way and the owner of the utility
under the terms and conditions set forth herein. The term includes'.
1. any officer, director, partner, manager, superintendent, or other
authorized person exercising control over or on behalf of the
licensee; and
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2. nny co~ or subcontractor of the licensee, for purposes of
compliance with the provisions of this ordinance and tim traffic
control, construction, and maintenance requirements of this article.
J. Pavement Cut means a cut made into the paved surface of the public
right-of-way.
K. Person means a natural person, a corporation, a service provider, a
8ovenunental entity or asency (includin~ the city), a limited liability comlmny, a
joint venture, a business trust, an estate, a trust, a parmmhip, an asso~ or
any other lel~l entity.
L. Project means any construction or placement of any muctm~ or thir~
within any public fight-of-way.
M. Public Right-of-Way means any area of land within the city that is
acquired by, dedicated to, or claimed by the city in fee simple, by easement, or by
prescriptive right and that is expressly or impliedly accepted or used in fl~ or by
operation of law as a public roadway, highway, street, ~ alley, or utility
ac~.~ss easement. The term includes the area on, below, and above tim mrfar~ of
the public right-of-way. The term applies regardless of whether the public right-
of-way is paved or unpaved~ The term does not include airwaves above the public
right-of-way that fall under the exclusive jurisdiction of the United States
government.
N. Service Provider means any electric utility, ~ utility,
telecommunications company, cable company, water utility, storm water utility,
or wastewater utility, regardless of whether the service provider is publicly or
privately owned or required to operate within the city pursuant 1~ a franchise.
O. ,~vo//s or Er~n~ated M~r/a/means construction waste, construction
supplies, or excavated dirt, fill, or other similar material that is stored or Idnced
upon the surface of a public risht-of-way.
P. Subdivision means "subdivision" as defined by the City of Coppell
Subdivision Ordinance, as amended.
Q. Subdivision Rules and Regulations and Stm&mts as published by the
City of Coppell details engineering technical, and other special criteria and
standards established by the director for pavement cut, excavation, backfill,
restoration, and repair activities in the public right-of-way.
R. Thoroughfare means all public traffic roadways within the City of
Coppell.
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Sec. 6-14-2. Director's Authority; Enforcement; Offenses.
A. The director or his designee is authorized to administer and enforce the
provisiom of this article, and to pronndpte regulations, including, but not lind*ed
administration and enforcement of this article that are not in conflict with this
article, this code, or state or federal law.
B. The director or his designee is authorized to enter upon a construction
site for which a permit is granted under this article or, where ~, upon
private property adjacent to the construction site, for purposes of insp~-tion to
determine compliance with the permit or this article.
C. A person commits a Class C misdemeanor offense if he:
1. performs, authorizes, directs, or supervises co.traction without
valid permit issued under this article;
2. violates any other provision of this article;
3. fails to comply with restrictions or requirements of a permit issued
under this article; or
4. fails to comply with an order or regulation of the director issued
pursuant to this article.
D. A l~rson commits an offense if in connection with the perlbrmance of
construction in the public right-of-way, he:
1. damages the public right-of-way beyond what is incidental or
necessary to the performance of the construction;
2. damages public or private facilities within the public right.of-way;
OF
fails to clear debris associated with the construction from a public
right-of-way after co~n is completed.
E. It is a defense to prosecution under Subsection (DX2) if the person
complied with all of the requirements of this article and state law and caused the
damage because the facilities in question:
were not shown or indicated in a plan docurne~ plan of record,
record construction drawing, or field survey, staking or marking;
and
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2. could not otherwise be discovered in the public right.of-way
through the use of due diligence.
F. A person commits an offense it~ while performing my comstflM:tion or
other m:tivity along · public right-of-way (whether or not a building or other
permit is required for the activity), the person:
1. damages the public right-of-way or public or private facilities
located within the public right-of-way; or
2. fails to clear debris associated with the constmaion or other
activity from n public right-of-way.
G. It is a defense to an offense and prosecution under Subsections (F)(1)
and (F)(2) thai the person was performing aH of the co~structioo or other ltctivity
along the public right-of-way in compliance with any permit issued for the
consUuction or activity.
H. A culpable mental state is not required to prove an offense under this
article. A person who violates a provision of this article is guilty of t separate
offense for each day or portion of a day during which the violation is ~tted,
continued, authorized, directed, or permitted. An offense under Subsection (DX3)
or 0~2) is punishable by a fine of` not less than $500 or more than $'2,000. Any
other offense under this article is punishable by a fine of $500.
I. This article may be enforced by civil court action, which is not subject
to the defenses provided in this section, in accordance with state or faderal law, in
addition to any other remedies, civil or criminal, the city has ~or a violation of'this
article and in protection of' the general health, safety and welfare.
I. Prior to initiation of civil enforcement liti~.~, the licensee or any
other person who has violated it provision of this article must be given the
oppoflunity to correct the violation within the time fimme specified by the
director. This subsection does not prohibit the director or the city f~m taking
enforcement action as to past or present violations of this article, notwithstanding
their correction.
Sec. 6-14-3. Registration; Other Requirements.
A. Nothing in this section relieves a service provider from obtaining
permit under this micle to perform work in the public right-of-My.
B. In order to protect the public health, safety, and welfare, a service
provider maintaining or operating existing facilities in the public right-of-way
must register with the director in accordance with the following requirements:
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1. The registration must be on a form furnished by the director and
made in the name of the service provider that owns the facilities.
2. Registration expires March 1 of every other year after the calendar
year in which the first registration occurs. If a ~ is not
renewed by the expiration date, the director shall furnish written
notice to the service provider that the registration has expired. If
the service provider fails to renew re--on within thirty (30)
facilities of the service provider will he deemed to have been
If information provided as part of the registration chanl~s, the
service provider must inform the director in writing not more than
thirty (30) days after the date the change occurs.
4. The service provider shall also include the following with the
re~iatration:
(a) the name of the service provider using the public Fight*of-way,
including any business frame, assumed name, or trade name the
service provider operates under or has operated under within
the past five (5) years. ·
If the service provider is a certificated telecommunicafiom
provider, the certific~e number issued by the Texas Public
Utility Commission.
(c) The ordinance number of any franchise or license issued by the
City of Coppell that authoriz~ the service provider or other to
use the public rig~t-of-way.
(d) The names, addresses, and telephone numbers of at least two
persons who will he general, day-to-day c, omacts for the
service provider. At least one of the addresses must be within
the Dallas/Fort Worth metropolitan aret
The name, address, and telephone number of any contractor or
subcontractor, if known, who will he working in the public
fight-of-way on behalf of the service provider.
The names and telephone numbers of at least two persons
serving as emersency contacts who can be reached by
telephone 24 hours a day, seven days a weds. The td~phone
numbers should be accessible without the city having to I~Y a
long distance telephone or toll charge.
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(h) Proof of existin8 insuran~ that complies with the followin~
f~[uircment$~
(i) The minimum insurance covern~e for · servi~ provider
must be commercial general liability insuranm, or any
combination of general liability and umbrella/excess insurance,
(including. but not limited to, premises operations, personal
and advertising injury, product~completed opentiot~ and
independent contractors and contr·ctual liability) with ·
minimum combined bodily injury (includin~ death) and
property danm~e limit of $1,000, 000 per occurrence,
SL0OO, OOO products/completed operations ~ and
$1,000,000 ~eneral a~re~ste. Th~ liability inmmm~ ~
must also include coverage for explosion, collapse, and
by a company or companies approved to conduct b~ in
the State of Texas. The city must be named as an additioml
insured on the policy by using ~,~dorsement CG 20 26 or
broader.
(ii) The insurance filed by a service provider must also meet
the same requirements, as insurance filed by · I~ under
Section '6-14-5 throush 6-14-13. A servi~ provider has tim
same duties, obligations, and liabilities as · ~ under
Section 6-14-5 through 6-14-13, en~ept that · service provider
does not have to file a separate proof of insuran~ every time it
obtains a permit to perform work in the public filet-of-way.
(iii) If the service provider is self insured, such provider shall
provide sufficient proof that they have encumber~ asset
equivalent to the insurance requirement and proof of self-
inmmme suff~ent to me~t the covera$~ is required in this
subparagraph is sufficient to satisfy the insurance requirements
of this subp~.
5. The insurance requirements of Subsection (BX4)(h) of this section
do not apply to:
construction or other activity performed by the city's own
forces or by contractors hired by the city and workin~ on city-
owned facilities within the public ri~t-of-way; or
(b)a service provider operating facilities or performin~
construction pursuant to a valid existing fl'anchise or lieense
approved by the city council.
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Sec. 6-14-4 Plans of Record.
A. Any service provider with facilities in the public right-of-way shall
submit plans of record in accordance with the following requir~nents:
On or before June 1, 2001, a service provider shall submit to the
director a schedule to provide complete plans of record that show all of
its facilities existing in the public as of the date the pm. ns of rzeord are
submitted to the director in compliance with this section.
On or before March 1 of each calendar year following th~ initial
submittal of its plans of record, a service provider shall provide to the
director plans of record that show all installations of new facilities, and
all changes, additions, abandonments, and ~Aocations relating to
existing facilities, completed in the previous calendar year.
The plans of record must be provided in a format specified by the
director and must contain such cimil and ac~nm~ as nr~ mcluir~d by
the director. Plans of record must be submitted in computerized or
digital format.
B. If plans of record submitted ,under this section include information
expressly designated by the service provider as a trade secret or other confidential
information protected from disclosure by state law, the director may not disclose
that information to the public without the consent of the service provider, unless
otherwise compelled by an opinion of the attorney general pumumt, to the Texas
Open Records Act, as amended, or by a court having jurisdiction of th~ matter
pursuant to applicable law. This subsection may not be conmued to authorize a
service provider to designate all matters in its plans of r~ord as confidez~ial or as
Permit Required; Exceptions; Conditions; Denial and
Revocation
A. A person shall not perform any construction, except for an emergency
activity, within a public n'ght-of-way without first obtaining a permit fl~m the
director prior to the start of construction. A person who undertakes any work
outside of the public right-of-way that will cut, break, or otherwise damage the
public right-of-way shall also obtain a permit under this ~.4~tion.
B. A permit is not required under Subsection (A) if the activity in the
public fight-of-way consists exclusively oi~
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a connection of real property to a retail utility service on the same side
of the public right-of-way, if the connection does not require a
pavement cut, excavation or interruption of traffic; or
2. the replacement of a single damaged pole with a pole of equal size and
height.
C. The following procedures and requirements goveflJ the application for
and issuance of a permit to perform co~ within the public right-of-way:
A permit application mug be made in writing on a form approved by
the director. The application must be signed and submitted by the
owner of the facility for which the permit is requested or, if the work
does not involve a facility, by the owner of the improvemem for which
the permit is requested.
A permit application must be submitted to the director not less that two
(2) business days before conunencement of the pr~ ~n
unless emergency activity is required, in which case ~~
including the reasons for the emergency activity, must be given to the
director.
A permit application must include a statement by the applicant that the
applicant has collected all available plans for existing City of Coppell
underground facilities and other public and private utilities and has
included those facilities and utilities in the applicant's design, showing
will perform field verifications u necessary during constflgtion to
locate all city and other existing underground facilities.
The permit application on any project must include submittal of plans
to the director. When required by the Texas Engineering Practice Act,
as amended, the plans must be sealed by a professional engineer
licensed to practice in the State of Texas. The plans must include the
horizontal alignment of all proposed facilities in relation to all existing
public and private facilities in plan view. If the project c~)sses street
intersections, or involves crossing proposed facilities over or under
existing facilities, the plans must also include a representation of the
vertical alignment of the facilities in profile view. Each sheet of the
plans must have a note instructing the contractor to verify the location
of underground utilities at least 100 feet in advance of all proposed
utility crossings, and also at locations where the proposed facilities are
shown to be running parallel to existing facilities within five feet. The
plans must be half size (11' X 17") at a scale no smaller tLan 1" -- 40'
in plan view and 1' = 6' in profile view. Each. project must be
assigned a project number, which must appear on each sheet.
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5. A permit is required even if other authority has been granted by the
director to make a pavement cut or excavation in a pablia r~-way
as part of a city construction project.
6. The direct~ ~mll ~tate on the permit the activity for which tim permit
is issued and include any additional restrictions or mquiren~nts
determined necessary by the director.
The licensee has the exclusive respomibility to coordinate with other
service providers to protect all existing facilities in the pubfic right-of-
way in which the construction occurs.
The licensee shall, as an expres~! condition of the ~ comply in
in accordance with all City codes and ordinances and sta~ or federal
laws or re, da_ tions affecting the permitted activity.
The director shall notify service providers that registered under
Section 6-14-3 during the previous calendar year of pavement surl~n~s
to be reconstructed or resurfaced by the city during the next calendar
10.
A service provider planning con~'uction within the public filet-of-
way shall notify the director by March I of each year of all tben-
known facility expansion or replacement pmject~ planned for the next
fiscal year that may require pavement cuts or excavations.
11. The director may require any licensee to use trencldess technolo~t or
boring, instead of disturbing a public right-of-way surfac~ if it is:
(a) in the best interest of the city;
Co) technic, ally, commercially, and economically feasible; and
(c) not in violation of federal or state regulations or industry safety
standards.
12.
Directional ddlling or boring may not be used unless otherwise
approved by the director as being in the best int~=~ of the public
health, safety, welfare, and convenience.
13. In using trenchless technolo~ or boring, whether or not required
under Parngraph 11 of this subsection, the licensee must:
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14.
15.
16.
vertical placement of the underground facilities, if tim liconsee's
proposed facilities will:
(i) cross other existing facilities; or
(ii) be located within five feet ofexistin~ facilities at any point;
(b) locate all water main lines by potholing, iftbe licensee's proposed
facilities will:
(i) cross other existing facilities; or
(ii) be located within five feet of existing facilities at any point;
and
(c) be able to locate the bore head at all times in 8cc, mda~..,e with the
latest technologies and provide the location of the bore to the
director upon request.
The licensee shallmaintain the construction area in the public right-of-
way in a manner that avoids dust, other health ha3mrds, and ~ to
vehicular and pedestrian traffic until the public rigilt-of-way is
permanently repaired.
When making st pavement cut or excavation, or phc. ins spoils or
excavated material in or alon~ a public ri~ht-of-way, the licemeeshall
sufficient to warn the public of the hazard of the cut, excavation,
spoils, or excavated material in compliance with the most~ current
Edition of the Texas Mnt~,~! on Uni6~rm Traffic Control Devices. as
amended, published by the Texas Department of Transportat~n.
The director may require the licensee to share trench space to
minimize the disruption of vehicular and pedestrian traf~ or to
provide space .for needed city facility installations if such sharing is:
(a) technically, commercially, and economically feasible; and
(b) not in violation of state or federal ref~iatiom or industry safety
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D. The following additional procedures apply if it is necessary to close, in
whole or in part, a public right-of-way for purposes of making a pavement cut or
an excavation:
For any closure of a traffic lane or blockin~ of a sidewalk or alley
lastin~ onz day or less, the licensee shall conspiouously mark its
vehicles with licensee's name and telephone number.
Any closure of a traffic lane or blockins of a sidewalk or alley lasting
longer than one day must be identified by a sign that Jj clem-ly lesible
to the traveling public. The sign must be posted at or in close
proximity to the worksite and must contain:
(a) the name ofth.e licensee;
(b) the name of the person performing the cotmmetion on behalf of
the licensee, if any; and
(¢) a local 24-hour contact number that can he used in case of
emergency or to answer any questions.
The requirements of Parasraphs (1) and (2) of this subse~on are in
addition to any other signage,.barricades, or warning devices req~
by law or ordinance. 'The sign information required by Parasraph (2)
of this subsection may he included on barricades or warnin8 drvic~.
4. When permitted construction will last Ionser thn two wed~ the
licensee ~mll 8ive written notification to all adjacent propmy
occupants by conspicuously postin8 the notifi~ttion on each adjicent
property at least 72 hours before commencement of consmu:iion,
unles~ the director determines thnt an emergency exists.
If a street or alley must be totally closed for any duration, the licensee
shall provide for reasonable alternative ac~e# to the adjacent pmpmy
by the property'S occupants and invitees, which access must include
but is not limited to deliveries to the property.
o
If construction on a partially closed thoroul~u'e ~:)ps for the day, all
thoroughfare lanes must be reopened to traffic, unless an extended
time of closure is expressly F~nted by the permit.
If a pavement cut is to be covered, the licensee shall use steel plates, or
equivalent plates, of sufficient strength and thickness to support all
tra~c.
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Plates must be sufficiently secured in pt~e so as not to become
dislodged or in any way cause a hazard to any traffic. Asphalt
transitions must be placed as required to provide a reasmmbly smooth
Plates must be marked with the name of the person performin~ the
construction and with a local 24-hour contact that can be used in case
of an emergency, unless a sign complying with P~ph (2) of this
subsection is posted at or in close proximity to the WOrksite.
E. Unless it becomes necessary to conduct ~ a~tivity, n licensee
shall not cause or allow interference with traffic flow on a th~ during the
hours of 6:30 a.m. through 9:30 a.m. and 3:30 p.m. through 6:30 p.m., Money
through Friday.
F. A temporary repair may not remain on public right-of-way for more
than fourteen (14) calendar days aRer the completion of the repair or installation
of the undersround structure or facility, unless a time extension has been granted
by the director. The city may, nt the expense of the licensee or other respons~le
pernon, remove any temporary repair rernainin~ in the public right-of-way beyond
the 14-day time limit and make permanent repairs. Any exception to the 14-day
time limit, other than a relocation of a facility in advance of a city construction
project in the public right-of-way, must be approved by tl~ director prior to
expiration of the time limit.
G. If no construction has commenced under a permit within 120 calendar
days after issuance of the permit, the permit becomes null and void, and a new
permit is required before construction may be performed in the publi~ right-of-
way. An extension to a permit may be ~anted by the director only before the
pemu't expires.
H. The director may refuse to issue a permit if:
1. the proposed co~ will submmtially interfere with vehicA~
or pedestrians and no proc~ure~ or ~ incomiat~t with
this article, have been implemented to minimize the interference;
the proposed construction will substantially interfere with another
activity for which a permit has been issued, or will conflict or
interfere with existing facilities already in the public fight-of-way;
3. the proposed barricading, channelizing, si~nin& warning, or other
traffic control procedures or equipment do not comply with the
requirements of the most current edition of the Texas ~ on
l. lniform Traffic Control Devices, as amended;
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4. the proposed construction, incidental traffic, conUol, ~ other
permitted activity, or the manner in whi~ it ~s to be ~
will violate a city ordinance or regulation or · state or federal
statute or regulation;
5. the licensee:
(a) failed to furnish all the information required by this article;
(5) knowingly or intentionally furnished materially false or
incorr .~ information to the director,
failed, except for good cause shown, to file the application on
the approved form within the time limits prescribed by this
section;
(d) tailed or refused to submit plans of record as required under
Section 6-14-4.;
was convicted of violatin~ a provision of this article twice
within the two year period immediately preceding the date of
application;
(f) failed to furnish or have on file with the director the insurance
required under this article;
(g) is not in compliance with applicable mluiremants of an
existin8 permit issued under this article; or
(Il) has not obtnined f~m the director · current copy of the City
code and ordinances resulatin8 the work bei~ performed.
The director may suspend construction or revoke an issued
permit on the same lp'ounds on which a permit may be denied
under Subsection (H), or ifthe licensee:
(1) commences or perform construction in violation of an
applicable requirement of this article or the permit;
(2) creates or is likely to create a public health or safety hazard
by .perfOmmnce of the construction in question;
(3) fails to comply with an order or regul~on ofthe director-,
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(4)
fails to comply with restrictions or requirements of other
city ordinances or state or federal laws or regulations
applicable to the construction; or
commences or performs work without having prior
knowled~ and understanding of the applicable ~
standards or without havinS obtained ~ the director a
current copy of the codes and orditmw, es of the City of
Coppell.
The director shall provide written notice of a suspension or
revocation to the licensee or the pernon hired by the ii~mze to
perform the construction. Construction tlmt iS suspended nmy
not resume until the director determines that the licensee has -
corrected the violation, noncompliance, or hazard that ~
the suspension. A pernfit that has been revoked amy be
reinstated by the director if the director determines that:
(1) the licensee has corrected the violation, noncompliance, or
hazard that caused the revocation; and
(2) the health or safety of the public is not jeopardized by
reinstating the permit.
(k) Any variance from the requirements of this art~e nmst be
approved in edvance by the director. Tbe ~ nmy gr~nt a
variance only if an extreme hardship exists .and t~ public
health, safety, welfare, and convenience is not adversely
affected by granting the variance. The director may not
approve any variance that would give a competitive advance
to one service provider over another service provider providing
the same or similar service. The director may not ~rant a
variance from the indemnity req~~ts of Section 6-14-
Sec. 6-14-6. InsuFance and Indemnity Requirements; Exceptions
A, As an expreSS precondition to being l~ranted a permit to
perform construction within a public right-of-way, the licensee shall
furnish the director proof of existing insurance in accordance with the
following requirements:
(1) The licensee must provide proof of commerc~ 5~neral
liability insurance (including. but not limited to, ~
operations, personal and advertising injury, produm/oompleted
operations, and independent conlna~ and conlnctual
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liability) with a minimum combines bodily injury ('m~hding
death) and property damage limit of $1,000,000 per
coverage .must be written by a company or companies
a~proved to conduct business in the State of Texas. The City
must be named as an additional insured on the policy by using
endorsement CG 20 26 or broader.
(2) Tbe licensee must provide proof of commew, ial
liability insmance, o~ any combination of general liability and
products/completed operations, and indepmident
and contractual liability) with a minimum combined bodily
injury (including death) and property damage limit of
$1,0oo,0oo per occurrence, SI,000,000 product~completed
operations aggregate, and Sl,000,000 general a~. The
liability insurance policy must include coverage for explosion,
must be written by a company or companies approved to
conduct business in the State of Texas. The City must be
named as an additional insured on the policy by using
endorsement CG 20:26 or broader.
(3) Each policy must include a provision that requires the
insurance company to notify the City in writing at leut thirty
(30) days before canceling or failing to renew the policy or
before reducing policy limits or coverages.
(4) The licensee agrees, with respect to the ~ cx~,erage
requked by this subsection, to waive subro~ a~inst the
City and its officer~ and employees ~or bodt~ injury ('including
death), property damage, or any other loss.
(5) The insurance coverage required by this subsection is
considered primary insurance in regard to the City and its
officers, employees, and elected representatives.
(6) Proof of insurance in the form of an original industty .standard
certificate of insurance showing the City as an additional
insured must be provided~ to the dim~r prior to any
commencement of work by the licensee. The certificate of
insurance must be executed by the insurer or its authorized
agent and must state specific coverage, limits, and expiration
dates in accordance with the requirements of this subsection.
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respecting coverage under the policy.
B. A licensee who is & service provider who ~ resistered and
filed proof of insurance under Section 6-14-3 of this article is not requir~
to furnish separate proof of insurance under this section wlmn ~ a
permit, but must comply with all other requirements of~ ~
C. If the licensee is an entity that has n tangible net worth ratio of
3 to I (assets to liabilities) with a minimum tang'hie net worth o£ at least
$100,000,000, proof of self-insurance sufficient to meet the covera~
required in Subsection (A) is sufficient to satisfy the requirements of that
subsection.
D. The following indemnity provisions apply to a service provider
registered under Section 6-14-3 and are also in~ludmd by referenm aa
express term~ of a permit issued under this article:
1. A l|c~nsee who is a certificated telecomnmnicati°ns provider
as defined in Chapter 283, TEXAS LOCAL GO~ CODE,
as amended, agrees to give to the City the indemnity provided
in Section 283.057, TEXAS LOCAL Cso~ CoE~ a~
A licensee, other than a certi~ telecom,ohs
provider described in P~h (1) of this subsection,
expressly, agrees to fully and completely defend, indenmi~,
and hold harmless the City and its officers, agents, and
employees, against any and all claims, lawsuits, judgments,
costs, and expenses for personal injury (including death),
propmy damage or other harm for which recovery of damages
is sought, suffered by any person or persons, that may arise out
of or be occasioned by any nesl~ ~'osaly nesliseat,
wrongful, or strictly liable act or omission of the licensee or its
ag~ats, employees, or co~ in the inff~ of work
or activity pursuant to the pemtit ~ under this article,
wrongful act, or fault of the City or its offioera, agents or
employees, contributes in any way to the damase, injury, or
other harm. Nothing in this ~h may be construed as
waiving any governmental immunity available to the City
under State law. This provision is solely for the benefit of the
PAOE 17
licensee and the City and is not intended to create or ~rant any
rights, contractual or otherwise, in or to any other person.
E. This section doe~ not apply to:
connmaion or other activity perfornmi by the Cites own
forces or by contractors hired by tl~ City and workin~ on City-
owned fl~cilities within the public right-of-way;
2. a person operating facilities or performi~ construction
pursuant to a valid existing franchise or license approved by
the city council.
6..14-7. Miscellaneous Requirements for Street Excavation and
. Installations and Trench Safety.
A. In addition to the other requirements of this article, a pavement
cut, excavation, ~ repair necessitated by or as a result of construction
inside or outside of. the public right-of-way must comply_ with all of the
requirements contained in this section.
Bo
A pavement cut in the public right-of way may be made prior
to obtaini~ a permit only ifa valid n~l to ~ ~
emerBen~ activity, must be given to the ~. Whenever
an emergency activity cut is made, appli~ for a permit
must be made not later than the second business day following
commencement of the emergency activity.
2. A pavement cut in a newly constructed, rec~ or
~ street may not be mad~ for sixty (6O) months aner
the submngal completion of the work, unless repairs are range
in compliance with this ordinance or reasonable request of the
director for protection of the public or bum on reasonable
regulations adopted by the director based on generally aoc~,-pted
construction standards.
3. The licensee and any person responsible for construction shall
protect the public right-of-way surface, drainage fl~oiliti~ and
all other existin~ facilities and improvements titan excavated
materials, equipment operations, and olher contrition
activities. Particular attention must be paid to ensure ~ no
excavated material or contamination ot' any t'~q~e is allowed to
enter or remain in a water or wastewater main or access
PAoz 18
39612
structure,, draina~ facility, or natural drainage feature.
adjacent property owners experience e nmmmun of
inconvenience.
C. Two year maintenance, period.
1. All construction must be done in · good and ~ike
manner and in ~thful and suict ~ with tbe ~
by the director relatins to consma~ within the public right-
of-way.
o
All construction performed under any permit ~ to a
licen .see by the City under this article must be maintained to the
satisfaction of.the director for two (2) years aRer the date of
completion of the construction or repair.
3. Any damage to, or any defect or other problem in, the
permitted construction occunins at any time within two (2)
years after the completion of work under the ~ must be
~ to the satisfa~ion of tim ~ within ton (10) days
after the director gives notice to ~ liomsee to correct the
damage, defect, or other problem.
4. The opinion of the director as to the necessity of corre~:tin~ any
dinmge, defect, or other problem is binding on all parties.
1. All dama~ caused directly or 'mdiroctly to the ~ ri~ht~-
way surface or ~ outside the pavenmnt ~t or
excavation area will be regarded as a part of the pavemant cut
or excavation and must be included in tim total ar~t r~paired.
Ifrepaired by the City, the licensee shall reimburse the City for
the actual direct and indirect costs ofthe rq~ir.
The director shall notify the licensee if the backfill on a
p~nitted construction settles at any time durin~ the two (9_)
year maintenance period required in subsection (C) of this
section, causin~ subsidence in the pavement of onc-haft ine, h or
more, vertically measured in any ~ (3) foot horizontal
direction. Upon notification, the licensee shall schedule
appropfisle repair work and promptly notify the d~ of the
anticipated dates of commencement and completion of the
repair work. If the repair work is not commenced or completed
PAOgI9
39612
within the agreed upon time schedule, or if no response is
received by the director within twenty-four (24) hours aRer
notification to the licensee, the repair work may be performed
by the City. The licensee shall reimbur~ the City for the
actual direct and indirect costs of any repair work ~ by
the City.
3. The licensee shall notify the director at least twenty-four (24)
hours before comme~ng any repair operatiom under
Psralgaph (2) of this subsection.
E. Trench safety.
Trench safety systems that meet U.S. Ocaq~onal Saf~y and:
Heath Administration (OSHA) standards are required for the
construction in which trench excavation will ~md a de~h of
two (~) feet.
2. Paragraph (1) of this subsection does not apply to a
constru~on contract entered into by a licensee that is subj~t
to the safety standards adopted under Chapter 121, TEXAS
UTILITW~ CODE, as amended.
Set. 6-14-8. Restoration Requirements.
A. The codes and ordinance of the City and the requiremmas of
this section govern the restoration of public right=of-w~y surtlo~ ~
the City. For flzose restoration activities not coveted, the ~
Specifi~ons for Public Works Co_-_=_~ruction - North Central Texas ~1
govern.
B. A licensee performing construction in the Imblic right-of-way
shall restore the public right-of-way to a condition that is equal to or better
than the condition prescribed by the provisions contained in the codes and
ordinances of the City of Coppell.
C. Resto~on work must he performed to the satisfaction of the
director. Restoration work must include, but is not limited to, the
following:
Replacement of nil sod or ground cover with nod or ground
cover equal to or better than the type damaged during the work,
either by sodding or seeding as required by the director.
2. Installation or reinstallation of all manholes and handholes, as
required by the director.
[
PAOE 20
39612
[
Bacl~llins and compaction of all completed bore p_~
potholes, trenc~ or other holes, which muM be performed on
a daily basis unless other safety requirements are ~ by
the director.
Street, sidewalk, and alley repair that conforms with the
standards for construction established in this attic, lc and by the
director.
Leveling o£ all trenches and backhoe lines.
6. Restoration of the ex~vation site to the spe~Lfieations and
requirements established in this article and by the directs.
7. Restoration of all landscaping, ground cover, and sprinkler
systems.
8. RestoratiOn of any. damaged traffic control devices, including
but not limited to imbed~ loop detectors, pavement
D. All location flags must be removed durin~ the~ cleanup process
by the licensee or the liconsee's contractor at the compl~ oftbe work.
E. Restoration of special street, sidewalk, or drive approac~
~s designed to present unique visual irnas~s, color, or designs
(rel~dless of the type, color, pattern, or texture of special material or
process used) must be done so that the restoration matches the color,
texture, and pattern of the surroundin~ special murat, es.
F. Restoration must be made in a timely manner, If restoration is
unsatisfactory or not performed in a timely mariner, then all the lioensee's
work in progress on the project in question (except for the work rehted to
the problem of unsatisfactory restoration) will be halted, and no other
permit will b~ approved until all restoration is complete. Any hold on the
licensee's work will include work previously permitted but not completed.
Sec. 6-14-9. Clearance for Street PAving and Storm Drainage Projects
A. A person making a pavement cut or excavation for the purpose
of adjustin8 f~ilities at the request of the City in advan~ ~ for
a City street paving or storm drainage project shall obtain a permit under
this article, except that the time limits prescribed in Section 6-14-5(c) and
(~) do not apply.
PAOE 21
39612
B. The licensee shall maintain the pavement cut or e~avafion
until tbe work order autho~n~ the construction of th~ strut p~vin~ or
storm drainage project is issued by the City. Upon notifi~ by the
director of any problem with the maintenance of the cut or excava~n, the
licensee shall promptly correct the problem. The licensee shall notify the
directo~ of the anticipated date of correction. If the cotillon is not made
by the anticipated date, or if no response is received by the director within
twenty-four (24) hours al~ the director ~ives notice to the licensee, the
correction may be made by the City, and the licensee shall reimburse the
City for the actual direct and indirect costs oftbe correction.
Sec. 6..14-10. Conformance with Public Improvements.
A. V~enever the city or the director deems it necessary to remove,
alter, change, relocate, or adapt the undersround or overhead facilities of a
service provider in the public n'ght-of-way due to the City's reconstruction,
widening or straightening of streets; replacement of water or wastewater
facilities; installation of traffic signals, traffic sis;ns, and markinss; or
construction of any other City public improvement project, the service
provider that owns the facilities shall conform its facilities with the project
as prescribed, by the director.
B. The facilities must be conformed, at the service provider's
expense, within ninety (90) days after the director issues notice to the
service provider, unless a different schedule for the work is' approved by
the director.
C. Facilities of a service provider that are not conformed within
the ninety (90) day notice period or within the approved schedule will be
deemed abandoned, and the City will not be liable for any ~ to or
destruction or removal of the facilities, or for any interruption or
termination Of service through the facilities, caused by the activity of the
City described in this se,~on.
Sec. 6.14-11. Improperly Constructed Facilities.
A. A licensee shall:
1. properly construct, install, oper-.~ repair, ~ up~rade,
and maintain its facilities existin~ within the pubhc right-of-
way; and
repair or restore any damage to other facilities, the public ri~ht-
of-way, or private propmy that occurs as st result of imlm~per
construction, installatiort, operation, repair, relooafion, u~
or maintenance of the licensee's facilities.
PAOE 22
39612
B. F~ilities will be con, ideal to be impro~y cxmmucted,
ink, died, opem~, repairod, r~looted, upgraded, or nu~t~in~ if:
the construction, installation, operation, repair, relocation,
uplgade, or maintenance endangers public health or saf~ or
creates a public inconvenience;
2. the facilities encroach upon private property or extend outside
the risht-of-way location designated in the permit;
3. the construction, desiBn, or confisuration of the facilities does
not comply with applicable local, state, or gederal laws or
4. the c~nstmction, installation, ope~ repair, relocation,
up~rade or maintenance is conducted in st manmm' that damalp~
private property or another.service providm'b facilities;
5. th~ facilities are not capable of being located or maintained
usin~ standard practices; or
6. the facilities are placed in an area that interferes with another
service provider's facilities.
C. It is a defens~ to prosecution under S~ (BX~) and
(BX4) of this section that the facilities were ~ or imtalled in the
public fight-of-way before the effective date of this ordinance.
D. Nothing in this section may be construed to diminish the
authority of the director to require specific placement of specific facilities.
Sec. 6.-14-12. Emergency Repairs.
emergency repair to a public right-of-way is ~ to ~ a
situation that is hazardous to the public, the d~ shall immediately
notify the licensee. If the licensee does not commence the
repair promptly, the director may, in his sole discretion, cause
performance of such emerl~ency repair work as is necessary to correct the
hazardous situation. The licensee shall reimburse the City for the actual
dkect and indirect costs of the work necessary to correct the hazardous
situation, including cleanup. The licensee shall maintain the emersency
repair until the licensee completes final repairs.
PAOE 23
39612
B. I~ the director detemdnes that n ~ with a servico
provides existin~ facility in a public dltht*of-wny ~ nn ~
repair to correct a situation that ia hazardous to the public., the director
not commence the emergency repair pronq~tly, the di~ may, in his
sole discretion, cause performance of' such emeq~ ropair work ss is
necessary to correct the hazardous situation. The service provider shall
reimburse the City for the actual direct and indirect costs of' the work
necessary to correct the hazardous situation, inoludin~ cl~mJp. The
service provider shall maintain the emergonoy repair until tho servico
provider completes final repairs.
Sec. 6-14..13. Effects of Article on Persons Engaged in Constrm:floL
Any franchise issued prior to May 1, 2001 Villi remain subject to
th~ temps and conditions of City ordinances and rocluir~nents in effect st
the time of issuance of the permit andis not affected by this article, except
that, upon expiration or conclusion of the permit, a n~v or renewal Ire'mit
must be obtained in accordance with this article."
SECTION 2.. All provisions of this ordinance of the City of' Coppell is an addition
other ordinances or charter provisions; however, in the event this is in conflict with tho
provisions of this ordinance, be, then the provisions and the same am hereby, repealed, and all
other provisions of the ordinances of the City of Coppell not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3. Should any sentence, pnragrap~ subdivision, chine, phra~ or nection of
this ordinance be adjud$od or held to bo unoonstitutioml, illosai, or invalid, the nme shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City of Coppell, Texas.
SECTION 4. That this Ordinance shall take affect immediately fi'om and after its
passage and publication, ss the hw and charter is such cases provide.
PAOE 24
39612
DULY PASSED by the City Council of the City of Coppel], Texas, this
,2001.
APPRO~:
By:
CANDY ~, MAYOI~
APPROVED AS TO FORM:
By:
I.mBY BALL, CITY ~TAlt.Y
By:
ROBERT E. ~GER, CITY ATTORNEY
PAOE 25
39~12
!
CITY MANAGER'S REPORT
A. City Capital Improvement Project Upda~
CITY MANAGER'S REVIEW:
' AGENDA REQUEST FORM
COFFELL
CITY COUNCIL MEETING:* ~ April 10, 2001 1TEM # ~
Ill I I Il I I I I I Ill ' I Illll I
MAYOR AND COUNCIL REPORTS
B.
C.
D.
E.
Report by Mayor Sheehan regarding Tex 21 and Transportation Summit.
Report by Mayor Sheehan regarding Candlelight Vigil.
Report by Mayor Sheehan regarding Shattered Dreams.
Report by Mayor Sheehan regarding Town Hall Meeting.
Report by Mayor Sheehan regarding DARE graduations at the middle schools.
ClTY MANAGER'S REVIEW:
TEX-21
Cou~:iiv~m~, City of ~
J~.,k Mill~
Former M~y~, ~ ~ ~
c~
T~ ~f
~ Ci~ of ~ ~
K~ ~
~,~of~
Co~l~m, ~
· , ~ A. M~gld,
cl~ M.
loM M~
~y N~er
P~-t~ T~ ~, ~
C~ M. ~i~ PE
. ~, Ci~ of~ P~
C~II G. P~n
~m~ ci~ of Ho~
~c~ Ro~er
~,~of~o
Fi~l ~ Rul, Jr.
~y~, Ci~ of A~
Co~ci~ C~ of~ ~
~y ~i
~, C~ of F6~
~ck S~n
HeWn ~ Wa~r
K~ Wa~n
~r. Ci~ of A~
M~ Wa~n
~, Ci~ of T~e
B. G~ ~ey
Mayor
City of Coppell
Coppell, Texas 75019
TRANSPORTATION EXCELLENCE FOR THE 21~' CKNTURY
The Honorable Candy Sheehan [~ MAR 3 0 ~001 ~
CiTY MANAGER -/
CITY OFCOPPELL . _~[
Mayor Sheehan:
Over the past year and a half, through the focused and historic efforl~ of the TEX-21
Coalition, local officials from across Texas have led the development of innovative
solutions to our shared transportation challenges. VVhile considerable effort has been
expended by literally hundreds of local officials, our most imporl~nt work la at hand.
The TEX-21 legislative package is quickly ~roe, eeding through the leglilativa
maze. Our innoveuve transportation solutions
inclu.,dj,ng;isafet~'~.~.~:-~.r~;~~~=~~!!techrdquss, and time saving system
!ii~i~m~em~nts s~cJ~ibs design-build, that enj~=~ ~ legiMative and media support.
C0aliti0@ mem~ve testified in f~i of ~i[EX-21 legislative package .n dozens of
~. legislative com~/~"e~d~:,,__VV.,.e_~..~n~{~~ a ~lti~al atage in the legislative
· proce mqm i ush du ng sa.k n'S ,ast 70 days from
...:all whO'ers concemed'a~boatl:ran~~nd mobility improvement~ in Texas.
,~-Go~i~br Rick Perry continues to offer outatanding leademhip in thla ama that is
so critical to the safety, economic vitality, and quality of life for all Texans. The Governor
has been proactive, traveling the state and focusing attention on the need to Improve our
statewide transportation system. In the attached letter, G~vemor Perry aska for your
personal and immediate help in this tremendously Important effort.
Now is the time for your voice to be heard in the Texae laglelatum. A brief
description of each of our bills is encJosad. Your help i~ needed to contact three
groups...of ..legislators: First, contact your state senator and representative and
encourage them to support our package; Second, contact the members of the House
Transportation Committee to urge their support; and Third, contact members of the
House Appropriations and Senate Finance Committees to encourage the sufficient
allocation of state revenues for the full funding of the Texas Mobility Fund in SB 4.
Please share this information with the members of your council and urge each to
immediately contact these legislators by phone and send a brief letter of support by
fax. Please copy us on your communications and responses so that we may track
our efforts.
The TEX-21 legislative package has been C°llabomtively developed by local offiials
throughout Texas to Improve the state's multimodal tm~ system. Vt/Eh your
help we will give Texas the trsnaportation sy~l~m it needs and dllM'ves.
<::l~a ~ ~)~1 ~PAm< LANE, Surm 600. DALLAS, T~D(AS 75231
IAttaehm~nt~ 214.750.0123 F~ 214.7~.0124
I .... T~le~.~
~.~I.NET
OFFICE OF THE GOVERNOR
RICK PERRY
Post Office Box 12428
Austin, Texas 78711
512-463-2000 (Voice)
512..475-3165 (TDD)
March 26, 2001
The Honorable Candy Sbeehan
Mayor
City of Coppell
Coppell, Texas 75019
Mayor Sbeehan:
As a leader in your community, a TEX-21 grassroots activist, and someone with a d~raonstlat~d interest in
improving transportation infiastmcture, I need your help. The Texas Legislature is now oonsiderh~ a numlmr of
bills aimed at improving our roads and highways. I need you to contact key legislators to let them know that.you
support these important bills.
SB 4 and SIR 16, authored by Senator Florence Shapiro, create the Texas Mobility Fund and allow state-backed
bonds to be issued for needed road and highway projects. SB 241 and SJR. 10, authlred by Senator Eddie Lucio,
allow bonds to be backed by future federal highway funds. Texas currently allows bonding for schools, prisons
and even light rail lines. Bonding is a fiscally sound and responsible way to build the transportation infra,sllxletllre
we need more quickly.
Thc annual cost inflation for highway construction has averaged 5.7% over the past 10 years, but the cost of
issuing bonds is now less than 4.5%. That means it is now possible to complete $1 billion worth of highway
projects using bonds over a 3-4 year period at roughly the same real cost as completing $1 billion worth ofprojects
using thc pay-as-you-go approach over a 10 year period.
New Mexico, for example, recently embarked on a 118-mile project using bonds backed by state dollars and
anticipated federal revenues. The project, which was originally expected to take 27 years to complete using the
pay-as-you-go system, should now be completed in November 2001 thanks to the bonds. New Mexico's results
have been so good that they approved a second bond issuance last month.
Given our state's current construction schedules, at today's interest rates bonded highways are no more expensive
than pay-as-you-go highways, but bond financing means they can be completed six or seven years sooner.
There are several other important measures to help get needed roads and highways built more efficiently. SB 298,
authored by Senator Frank Madla, authorizes the Texas Department of Transpor, ation (TxDOT) and the Texas
Turnpike Authority to approve pilot projects using the design-build method of highway construction. Design-
build, which is used in office building, school and sports arena construction, may save up to 40% in design and
construction time and lowers costs.
SB 342, SIR 12, HB 1045 and I-UR 55, authored by Senator Florence Shapiro and Representative Clyde
Alexander, allow TxDOT to partner with toll road authorities to build road projects using state dollars and toll
revenues. These measures would allow toll roads to be completed much more quickly.
SB 1404 by Senator Frank Madla directs TxDOT to issue two construction contracts per biennium specifying a
limited pavement warranty. Texans get warranty protection when they buy a car or a refrigerator. Why shouldn't
they expect their roads to stay in good working condition?
State leaders, especially your local re_Dresentaflves, the Lt. Governor. S_t~ea~. and m~ of the House
Transportation, House Appropriations, Senate Finance and Senate $~te ~ committees need to hear
from you today!
Why are these measures needed? In 1999, more than 3,500 Texans died on our ma~, with over half of those
fatalities occurring in rural parts of our state. Since 1960, travel on Texas stre~ and road~ has increased 375
percent, but spending per vehicle mile traveled is now 68 percent below what it wa~ 41 yearn ago. During the last
seven years alone, vehicle miles traveled in Texas have increased 4.1 percent a year while the number of new
traffic lanes increased by only 2 percent. During the next 25 years, highway usage is expected to increase 56
percent.
Texas will continue on its collision course to longer traffic delays, more employers deciding to expand and locate
elsewhere, and more traffic accidents, unless we change business-as-usual.
Legislators have less than 70 days until the end of the legislative session, and business left incomplete will not be
addressed for another two years. We have three basic revenue options:
Do nothing, maintaining our business-as-usual approach while allowing gridlock to worsen and our quality of
life to suffer. Under the current pay-as-you go system of highway funding, Texas is able to fund only 36
percent of needed road projects.
Increase gasoline taxes. This is an option I oppose. Most Texans believe they are already paying enough at
the pump and recent OPEC aCtion may drive gas prices higher. Before any tax increase, we must be sure that
we are using existing revenue streams as efficiently as possible. Today, those revenues are not being used as
efficiently as possible. In addition, before taxes are raised, w6 should consider whether driver's liceuse fees
should be deposited in the fund from which driver's license operations are paid or whether motor vehicle sales
taxes should be used in part for highway purposes.
I believe we should pursue smarter, innovative financing ideas, such as road bends, toll roads and pavement
warranties. These measures stretch our transportation dollars and help build needed roads and highways more
quickly.
The next time you are siring in traffic, think about how wonderful it would be to have alternatives. Those
alternatives will not be available unless legislators hoar from Texans sick and tired of gridiock. Let's change the
status quo, get highways built, and get Texans moving again by writing and calling state leaders.
I appreciate all of TEX-2 l's work to make our tramportation infras~ better and stronscr. If you'd like more
information or want to do more to help, please contact my friends at TEX-21 at 214-750-0123, or Allan Rutter or
Ray Sullivan of my staff at 512-463 -2000.
Sincerely,
Rick Perry
P.S. - Senator Shapiro's Texas Mobility Fund legislation passed the Senate last w~flc and is now pending in the
House Transportation Committee. Your opinion is important if these pro-infram~ture measures are to become
law. State leaders need to hear from you today.
Not printed at state expense
I
TEX-21 Legislative Package
SB4 and S JR 16 by Shapiro, Texas Mobility Fund - This bill would create a new
revolving fund for transportation called the Texas Mobility Fund. Any revenue
streams deposited into this fund can be used as leverage to issue bonds for
state transportation infrastructure. This bill is a way to provide more money for
transportation projects by incorporating the use of bonds into state transportation
finance without touching the current gas tax revenue stream. Rising construction
costs and the economic cost to society caused by the delay of needed
transportation projects make bonding appealing if done on a limited basis. This
would require a constitutional amendment and referendum.
SB 298 by Madla, Design-Build - Studies have shown the design-build method of
planning and constructing road projects saves up to 40% .design and
construction time. Design-build is already in use in other types of capital
improvements, both in the public and private sector in projects such as schools,
office buildings, and arenas. This bill would allow TxDOT and the Texas
Tumpike Authority to use the design-build method in 24 selected pilot projects
around the state.
HB 682 by Hawley, SB 406 by Cain, Rail Abandonment - Almost 4,000 miles of rail
have been abandoned in Texas in the last 20 years. Once abandoned, this rail
is often dismantled, destroying any possibility .of future use. The' cost of
preserving an abandoned rail line is a'fraction of the cost of building a new one.
This bill would make it easier for the state to preserve abandoned rail lines.
SB 220 by Shapiro, Truck Safety - This bill would improve record keeping of safety
violations and prohibit overweight trucks from crossing bridges when they
exceed the posted weight limit.
SB 342 and S JR 12 by Shapiro, HB 1045 and HJR 55 by Alexander, TxDOT
Participation in Tollroads - This bill would allow TxDOT to partner with a
tollroad authority to build a road project with a mixture of state tax revenues and
tolls. This would effectively allow several more road projects around the state to
be built because projects that otherwise would not be legitimate candidates for
tollroads could be feasible. Without this change, these projects would wait in line
with all the other projects that have been approved but are waiting for state
funding.
SB 411 by Shapiro, Motor Vehicle Fees Collected by DPS - The Department of
Public Safety, which is largely funded by the state highway fund, administers
sever, al transportation revenue programs. The revenue from these programs
such as'drivers license fees, motor vehicle inspection fees; and driver record '.
information fees is deposited in.the General Fund. This bill would deposit these ', ....
transportation related reVenues that are administered by highway funds into the '
state highway fund.
I !
SB 412 by Shapiro, County Fee Switch - An amount equal to 5% of tha sales tax
collected on motor vehicles in Texas is allocated to counties in the form of
Vehicle Registration Fees. Prior to 1992, this subsidy was funded from sales tax
collected from motor vehicle sales, however, since 1992 the subsidyhas been
funded from the State Highway Fund. The return to the pre-1992 practice of
using the vehicle sales tax revenue instead of vehicle registration fees from the
State Highway Fund would result in a $100 million annual increase to Fund 006.
HB 1115 by Driver, Red Light Running - Cars running red lights account for 260,000
crashes annually in the United States, which is 22 percent of all vehicle crashes,
the largest single cause. Red light cameras have been in use for over 40 years
and 10 states currently have laws that permit camera enforcement of red light
runners. States using automated camera technology have experienced
significant reductions in the number of accidents and fatalities caused by red
light runners. The Institute for Highway Safety has found l~t red light violations
significantly decreased at non-camera intersections in states allowing automated
camera technology. Through its red light enforcement system the City of
Richardson has found that during peak pedods someone runs a red light every
two minutes.
SB 89, 90, 91 by Nelson, HB 89, 90, 91 by Hill, Open Container Prohibition and
Tougher Repeat DWI Offender Penal~.. ee - Cong~ has fled the ability to use
millions of federal gas tax revenues for road construction to prohibiting open
containers of alcohol in motor vehicles and raising the penalties for repeat DWI
offenders to match federal standards. Approximately 30% of fatalities on Texas
roads are alcohol related. This is an important safety issue that will also free up
millions for road construction.
SB 241 by Lucio, GARVEE Bonds Without Regional Earmarking -GARVEE bonds
would borrow against future federal gas tax revenues to provide a large infusion
of money for transportation construction. Several other states incorporate the
use of GARVEE bonds into their transportation finance system. Rising
construction costs and the economic cost to society caused by the delay of
needed transportation projects make bonding appealing on a limited basis.
HB 432 by Driver, SB 577 by Bivins, Graduated Drivers Licenses- Teens account
for only seven percent of all drivers, but are involved in 20 percent of all crashes,
and vehicle crashes are the leading cause of death for teenagers. This bill would
place restrictions on teen drivers in situatiOns where they have high accident and
death, rates such as night driving and driving with other teenagers and require
teens to earn those privileges over time by demonstrating a good driving record.
CONTACT YOUR SENATOR AND REPRESENTATIVE.
'As Well As, MEMBERS OF SENATE FINANCE. HOUSE APPROPRIATIONS. AND HOUSE TRANSPORTATION COMMITTEES.
TEXAS SENATORS
(Sc=SENATE FINANCE CO~MTrEE)
BILL RATUFF
512463-0001 F~: 512.936-6700
512463-0118 FA~ 512475-3736
GO~..ALO BARmENTOS SF
512.463-0114 FAX: 5t2-463-5949
DAV~3 E. BE~NSE,
$12~,63-0104 FAX: 512463-6373
TEEL BN~S
512463-0131 FAX: 512475-3733
J.E. '6USTE;' BP, OW~
512463-0117 FA~ 512-463-0639
DAW) H. ~
800-736-22~,6 FAX: 512-463-7202
J(3HN J. CAnOaA
512463-0116 FA~ 512463-3135
R~ERT L. DU~.X~ SF
512-45~.0128 FAx: 5124~3-2424
ROONEY EUJ$ SF
512463-0113 FAX: 512-463-0006
T;oY FK4,SE; SF
512.463-0t24 FAX: 512475.3732
Iv~ G,~..LEGO$, JR.
512..463.0106 FAX: 512.463.0346
C~lS HAN~ SF
512463-0110 FAX: 512463-7003
TO~ HA~OO SF
512463-0130 FAX: $t2463-~74
M~E JACKSO~ SF
5124634)111 F.~c 512475-3727
JON LmOS~Y SF
5124~34)107 FAX: 512-463-8810
EOOE LUCJO. J~,
5124634)127 F~: 812463-0061
5124634)119 FA~ 512463-1017
512463-0112 FA~ 5124634)326
JANE NELSO,
51246343109 FA,v~ 512463-0923
S~J,t~ E. O~r~ SF
512463-0105 F~c 5t2463-5'/13
FL~=~CE ~
512-463-010~ FAX: 5t2-463-7579
EUO~
512463.0t29 FAX: 512463-0218
DAV~
512463-0122 FAx: 512475-3729
TCoo $;~.s
512463-0103 FAx: 512483-1826
, C,~qt~ F. Tw~. SF
5t2.4~4129 F~x: S12,415-~'41
512.463-0126 FAX: 512463-2114
JE~m
512..4~125 FAX: 512.483-78~
ROYC[WEST
512463-0123 F~x: 512-463-0299
Ju~ml~ $F
FAX: 512.475.3~1
TEXAS HOUSE
(HA=HOUSE APPROPRIATIONS COIvMTrEE)
(HT=HOUSE TRANSPORTATION C~dMITTEE)
CL~ ~R HT
5124630730 F~: $12453-~447
RAY AU.E, HA
H2463-0694 F~X: 512463-t130
Kip AvEmTr
512463.0712 F~: 512.478-5830
KEVIN ~J[.EY
512-463-0924 R~X: 512.475.2387
lEO BERU~
512-463..0584 FAX: 512-463-3217
Dae~ H. B~
512463.0564 F~ 512463-8414
FRED M. BOSSE
512.463-0660 F~: 512-463-9884
KEN~E~ ~ 8m~R
512463-0632 FAx: 512-463-1761
BETTY BROWN
512..463-0458 FAX: 512463-2040
FRED BROW~
512463-0698 FAx: 512-463-5109
Lo. BU~NAM
512463-0740 FAX: 512463-1075
B~u. CALLEGA.~
512.463-0526 Fxx: 512-463-5896
J,~E C,~EI, O. Jl~
512-463-0462 Fxx: 512463-9545
Bu. G. CA~TER
512463-0482 FAX: 512463-1283
NOI~4A C~AVEZ
512463-0622 R~c 512,478-6755
W~nEN O. CHkSU~
5124634)736 F,~c 512463-5896
WAYNE CH;~STW4
512-463-0556 FAX: 512463-3102
512463-0474 F,~C 512475-3767
G~-r F, CO~=M~ HA
512463-0524 FAx: 512463-1260
ROeE~T L 'RoeeY' C(:x~
512463-0682 FAX: 512463-9956
FP.~ J. Co;rE, JR.
512463-0646 FAx: 512463-5896
DAVlO C~
512.463~480 Fxx:. 512482-9210
JOE CRXeB
512463-0520 FAX: 512.463.5896
512-463-0500 F~: 512-463-7722
MYP. A~
512463..0582 FAX: 512..463,.0471
DEe~
512463,0504 F~x: 512-4630024
~l~v~s
512463.0734 FAX: 512479.6955
YVO~E DA~ )fi'
512463.0598 FAx: 512463.2297
D~EWH~TE DEL~ HA
512-463-0630 F,~(: 512,,4~37
M~YDe~
512.463.0688 F~x: 512-472-7414
JOSE;H'JOE' D~SHO~.
512-463-0662 F~: 512463-8381
JoE D~v~
512463-0574 FAX: 512463-1481
DAWNNA DUKES
512463-0506 Fxx: 512-463-7864
JNI~
512-463~508 F~C 512-463-0508
I.I~D V. DUTT(~. J~
512463~510 FAX: 512463-6333
AL E~$ HT
512463-0518 FAx: 512463-7961
~ Emi, mT
512.463,,0476 FAX: 512..4~
512463.,0502 F~X: 5124664'149
GAm'Eue~
512463.0722 FAX: 512472-5610
I)~ Eu~
512463,0570 F.~ 512463..8571
DAVl) FAK~.E
512463-0534 FAX: 512463-8161
J~.A F~ HA
5t2-4~ F~: 512-322.064.t
T~:y ~ FISOER
512-463-0616 FAX: 512.4634873
Isa~a.1(,mo' FLm~E; HA
512463-0704 FAX: 512.463~
Pk'T[ P. ON.t,~OO HA
512-463-0566 FAX: 512-463-5~96
512.463-0654 F~x: 512463-9633
KElm S. 6;OnC.~
51246.1.,0560 FA~C 512463-2546
512463-0610 FAX: 512463-5896
HELEN GIDI)ING$ HA
BO~ Gt.~Z; HA
512463.0580 FAX: 512463-9954
TOBY GOOOMAN
512.463-0562 FAx: 512.475-1178
TONY GOOLSBY
512.463.4542 FAX: 512.463-1121
PATRICAA GRAY
808~15-2525 F~C 512.478-1887
RICK GREEN
512.463~498 FA~ 512.4634184
K~NT GRUSENDORF
512d63~624 FAX: 512.46:~1358
ROBERTO GUTERREZ HA
$12-483.05~8 FAX: 512~63.1700
PAT HAGGERTY
512463-0728 FA~ 512.463~397
PEOGY HAMmC HA, HT
51246~0496 FAX: 5t24~3.20T/
R~( HARDCASTLE
512463~)526 FA~ 512.463~003
W~L HARTNE~
512.463-0576 FA~ 51246~7827
JUDY HAWLEY HT
$12d~1-0512 FAXC $12463~388
TALMADGE HEFUN HA
$t2463-0~8 FAX: $12J~3~085
PAUL J. H~BERT
512.463-0572 F~c 512~63-1908
HARVEY H~
512463~0536 FAX: 512463-1449
FRED H~L HT
512-~"J~)486 FAX: 5t2~,80-0512
JUAN J. HmOJOSA
512.463~636 F~C 51246~0636
SCOTT HOCH~ERG HA
512-4834N92 FAX: 512-483.5896
TERRJ HOOGE
5124634)586 F~c 5124634147
MARK S. HOMER
$12463~650 FAX: 512.463~575
RUBEN HO~E
512463-0726 F~c 512-46:~7100
CHUCK HOPSON
512.463~592 FAx: 5124634792
CHARLE HOWARD
5124§3-0710 FAX: 512463-0711
BOB HUNTER
512463-0718 FAx: 512463~244
SUZANNA GRATIA HUPP
512463~'o64 FAX: 5124824284
EUGENE J. 'GENE' SEN~U~
512463-0672 FAX: 512463-3509
CAm. H. ISETT
512-463-0676 FAX~ 512-708-8427
KYLE JANEK HA
512.463-0748 FAX: 512463.5896
ELIZA~'~ AMES JONES
512.463-0686 FAX: 512-463-1084
DELW~ JONES
512463-0542 FAX: 512463-0671
JESSE W. JO~S
512-463-0664 FAX: 512463-0296
RO~RT JUNEU. HA
512.46~}472 FAX: 512463-1025
TERRY KEEL
512.480-0652 FAX: 512-480-8170
JAMES [.. KEFFER
512463.0656 FAX: 512..463-5896
Pta. s. Ki~ HA
512463-073~ FAX: 512-463-5896
TRACY O. ~
512-463-0742 FA~ 512475-1648
N~ Euz~-~ KrrC~E~
512-463-0700 FAx: 512463-3222
LOiS W. KOU~ORST
51246,1-0600 FAX: 512463-5896
~ KRUSEE
512-463-0670 FAX: 512463-5896
EI~UNO KUEla~
512.463-0602 FAX: 512463-5896
J~S F_'P~r;' L~
512463.1000 FAX: 5t2463-1011
G~I.Ew~
512.463-0716 F~ 512.463-8411
RON E. LEW~
512.463-0612 FA~ 512475-3123
JOHN A. LONGOR~
51246,1-0618 FAX: 5124630618
~ Lu~ HA
51246,1-0484 FAX: 512463-8090
JERRY MAOOEN
512463.0544 FAX: 512.463-9974
KEN M~CHANT
512-463-0468 FA~C 512.475-2271
GI.E, MAX~Y HA
$t2.4~3.0552 FAX: 5t2.463-5896
BR~AN MCC~L
512.463-0594 F~: 512.463-5896
RUT~ JO~S MC~
512463-0708 FAX: 512.463-5896
Jm MCRE~O~S HA
512463-0490 FAX: 5t3.463.~
JOSE ME~.Nt~
5124~ F~: 512~1~
T~ ~
512~7~ F~ 512~
5124~ F~ 5124~
5t2~ F~ 512~1~
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5124~14 F~ 51247~
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5124~ F~ 51247~
512~ F~ 512~2
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512~ F~: 512~
512~ F~ 512~
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512~14 F~ 512~
'~J.N~ ~
512~ F~ 512~1
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512~0 F~ 512~1~
'512~M F~ 512~1~
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512~ F~ 512~
512~516 F~ 5t2~
512~ F~ 512~1~
T~Y
512~ F~: 51246~
512~ F~: 512~17~
512~ F~: 5124~
5124~2 F~ 512~1~
EL~ ~
512~2 F~: 512~1~
~B.~
5124~ F~: 512~7H
P~ ~R
512~ F~ 512~
512~5~ F~: 5124~14~
JO.NH. ,SHELDS
512-463~58 F.~x: 512463-153~
ToOo $m11~ HA
512-48~S22 FI0C.
JOLT. S~m~
512.463-0~2 FAx: 512.476-7016
J~ SOus
512~ F~X: 512-463-1071
Bum R. Sm.ma:~
$12-463~/~ F,~,: 512-463-2069
~2.463.84~FAx:~2,463-1~3
ROeERT E. T~.TON
512~ FAX: 512463-1484
512-463.06~ F~c 512-463-5896
512.463-1~/20 F~oC 512-463-6306
~ B.TKI. ERY
806-T/6.3263 FAX: $12.463-~96
Vtcla TRLIrr
5124630690 F,~oc 512471.57'/0
BOeTUI~ER
512-4634644 FAX: 512-463-7637
D~ ~ LINER
512463.0~4 F~c 512463-~30
Cm.m LIJ~
512.463-0714 F,~ 512-463-1448
512.463-~32 FA~C 512.463-5~6
G~YLW~
51246~0618 F,*~x: 512463-1966
Gl~ t~.lr HA
512.4~.e54~ FAx:
'T~MY' WKU~S
FAX: 512.463-1274
512463-0744 FAX: 512463-5~6
Id~__~ D. Wl~
512463-0530 FAX: 512-463-9473
512-463-05~ F~uc 512463.6551
STE~D.~
512463-0/46 F~c 512-463-5826
512,463-0696 FAx: 512463-9333
KEN YARI~0UGH
512.4~'~646 F~ 512.475-3~9
$12~ FAX: 512.463-1510