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CP 2001-08-14NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 14, 2001 CANDY SHEEHAN, Mayor GREG GARCIA, JAYNE PETERS, DIANA RAINES, Place 1 Place 2 Place 3 BILL YORK, Mayor Pro Tem MARSHA TUNNELL, DOUG STOVER, DAVE HERRING, Place 7 Place 4 Place 5 Place 6 JIM WlTT, City Manager MEETING TIME AND PLACE: Call to Order Work Session Regular Session Executive Session 6:00 p.m. Immediately Following 7:30 p.m. Immediately Followng Council Chambers ist FI. Conf. Room Council Chambers 1St FI. Conf. Room (Open to the Public) (Open to the Public) (Open to the Public) (Closed 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, August 14, 2001, at 6:00 p.m. for Work Session, Regular Session will begin at 7:30 p.m. and Executive Session will immedately follow, to be held at 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION 1. Call to order. (Open to the Public) ag081401 Page 1 of 6 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) Convene Work Session A. Discussion of changes necessitated by Special Charter Election held on August 11, 2001, if necessary. B. Review timetable for implementation of 379A corporation, if necessary. C. Proposed questions for Board/Commission/Committee interviews. D. Discussion of MacArthur/Sandy Lake Road Hospitality Idea by Councilmember Herring. E. Discussion of Fiberfence material alternatives by Councilmember Raines. F. Discussion of Entryways into the City. G. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. 4. Pledge of Allegiance. Introduction of new County Commissioner Ken Mayfield by former County Commissioner Jim Jackson. Canvass returns of the August 11, 2001 Special Election, approval of an order declaring the results of said election and authorizing the Mayor to sign. Presentation by Leadership Coppell Class of 2001. Consider approval of a proclamation naming September 18, Recognition Day, and authorizing the Mayor to sign. 2001 CPAC I 9. i p. be. lo. Report by Coppell Economic Development Partnership. Citizen's Appearances. CONSENT AGENDA 11. Consider approval of the following consent agenda items: Ao Consider approval of minutes: July 10, 2001. ag081401 Page 2 of 6 ITEM # ITEM DESCRIPTION Co Do Consider approval of a License Agreement between the City of Coppell and Ronnie and Linda Hunt concerning encroachments into an existing alley right-of-way adjacent to Lot 19, Block K Willowood Addition No. I (548 Havencrest Lane); and authorizing the City Manager to sign. Consider approval of a License Agreement between the City of Coppell and Kevin and Donna Brown concerning encroachments into an existing alley right-of-way adjacent to Lot 2, Block I Northlake Woodland East Phase III (607 Meadowview); and authorizing the City Manager to sign. Consider approval of a License Agreement between the City of Coppell and John D. Lightbourn concerning encroachments into an existing alley right-of-way adjacent to Lot 5, Block M of The Meadows Section IV (719 Meadowglen Circle); and authorizing the City Manager to sign. Consider approval of a Professional Services Agreement with Schrickel, Rollins and Associates for the preparation of Construction Documents related to the development of Tennis Courts and related amenities at Wagon Wheel Park in an amount not to exceed $123,000.00, and authorizing the City Manager to sign. Consider approval of change orders to the Dean Construction Contract for Phase II of Wagon Wheel Park, in the total amount of $59,395.00, and authorizing the City Manager to sign. Land Use and Development Consider the revocation of Ordinance No. 91500-Ao281 for Special Use Permit-Il81, which would have allowed the operation of CC's Coffee House to be located in Suite 401 of the Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. PD-191, Freeport VII, zoning change from LI (Light Industrial) to PD-191-LI (Planned Development-191, Light Industrial), to allow a reduction in the required parking on approximately 17.824 acres of property located at 611 S. Royal Lane, south of Creekview Drive (Freeport North Addition, Lot 2, Block A), and authorizing the Mayor to sign. ag081401 Page 3 of 6 ITEM # ITEM DESCRIPTION Jo Ko Consider approval of an Ordinance for Case No. PD-129R2, Parks of Coppell, Tract III (Huntington Ridge), zoning change from PD-129R (Planned Development-129R) to PD-129R2 (Planned Development- 129R2), to allow the construction of a masonry wall and revise monument signs to add raised planting beds on approximately 26.177 acres of property located at the southwest corner of Parkway Boulevard and Denton Tap Road, and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. S-1188, Pan Acean Noodle Shop & Grill, zoning change from C (Commercial) to C-SUP- 1188 (Commercial, Special Use Permit. Il88), to allow the operation of an approximately 2,950 square-foot Chinese restaurant-with private club to be located in the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. S.1187, Tasty Donuts, zoning change from C (Commercial) to C.SUP-1187 (Commercial, Special Use Permit. Il87), to allow the operation of an approximately 1,050 square-foot donut shop to be located in Suite 409 of the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. 12. 13. 14. END OF CONSENT Consider approval of a proposal to maintain a tax rate of .6486 for the 2001 tax year and to set the Public Hearing on the proposed tax rate for the next regularly scheduled Council Meeting on August 28, 2001 at 7:30 p.mo Consider approval of the certification of the 2001 anticipated collection rate for the period of July 1, 2001 through June 30, 2002 and the amount of excess debt collections during the period of July 1, 2000 and June 30, 2001. PUBLIC HEARING: Consider approval of Case No. S-1189, Donut City, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of an approximately 973 square-foot donut shop to be located along the west side of Denton Tap Road, north of Town Center Drive. ag081401 Page 4 of 6 ITEM # ITEM DESCRIPTION 15. Consider approval of the Town Center Addition, Lot 3, Block 3, Site Plan (First American Bank), to allow the development of an approximately 4,995 square.foot bank building on 1.13 acres of property located along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard. 16. Consider approval of awarding bid Q-0501-0:1 for the Justice Center Renovation project to K.C. Construction Services, Inc. in the amount of $252,093.00, as funded through CIP, and authorizing the City Manager to sign. :17. Update on the Daily Water Conservation Plan. :18. Necessary action resulting from Work Session. 19. City Manager's Report. A. Performance measurements. 20. Mayor A. B. C. and Council Reports. Report by Mayor Sheehan regarding Coppell Night Out. Report by Mayor Sheehan regarding DFW/DART Public Hearing. Report by Mayor Sheehan regarding NTC/DFW Airport/Cities Luncheon. Report by Mayor Sheehan regarding New Teacher Breakfast. Report by Mayor Sheehan regarding Remax DFW Associates Meeting. Report by Mayor Sheehan regarding Denton County Mayors' Meeting. EXECUTIVE SESSION (Closed to the Public) 21. Convene Executive Session A. Section 551.071(1), Texas Government Code - Consultation with City Attorney. 1. Papagolas Development Company v. City of Coppell. REGULAR SESSION (Open to the Public) 22. Necessary action resulting from Executive Session. Adjournment. Candy Sheehan, Mayor ag081401 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.coppell.tx, us) UNDER PUBLIC DOCUMENTS, COUNClL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledses 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. sisn interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public prosrams, services and/or meetinss, the City requests that individuals make requests for these services forty-eisht (48) hours ahead of the scheduled prosram, service and/or meetins. To make arransements, contact Vivyon V. Bowman, ADA Coordinator or other desisnated 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 Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag081401 Page 6 of 6 ~-(~l~Z~i~i~ AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ~ WORK SESSION Eo Discussion of changes necessitated by Special Charter Election held on August 11, 2001, if necessary. Review timetable for implementation of 379A corporation, if necessary. Proposed questions for Board/Commission/Committee interviews. Discussion of MacArthur/Sandy Lake Road Hospitality Idea by Councilmember Herring. Discussion of Fiberfence material alternatives by Councilmember Raines. Discussion of Entryways into the City. Discussion of Agenda Items. CITY MANAGER'S REVIEW: BOARD, COMMISSION, COMMITTEE PROPOSED INTERVIEW OUESTIONS 1. Why are you interested in serving on a City board, commission or committee? 2. Why did you apply to be on ttffsboard, commission or committee? 3. What do you think your presence can add to this board, commission or committee? 4. What do you believe your duties would be7 o Have you attended any of the meetings of the board, commission or committee for which you have requested appointment7 6. Have you ever appeared by a board, commission or committee of any type? What experience do you have with local government7 (i.e. employee, watchdog, supporter, critic, etc.) What other civic involvement do you currently have or have you had in Coppell? Other cities? 9. What is your attitude toward growth? 10. What, if any, time constraints do you have (e.g. job, travel, other commitments)? 11. Do you have your family's support in this endeavor? 12. What is your idea of a balanced community? 13. How well do you feel you communicate your comments or concerns with people7 14. What are your views on the role that the City of Coppell should play in the lives of local citizens? 15. Explain about the attendance requirements and inquire if applicant has any problem meeting that commitment. T H E C: I T Y · O F C OPP LE REQUEST FORM ~ 6 ~ CITY COUNCIL MEETING: August 14, 2001 ITEM # ~' ITEM CAPTION: Introduction of new County commissioner Ken Mayfield by former County Commissioner Jim Jackson. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS AMT. EST. $ DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW.~ +X-BID $ CITY MANAGER REVIEW: Document Name: %kenmayfield T H E C I T Y 0 F C-OPP-EL£ AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ~ ITEM CAPTION: Canvass returns of the August 11, 2001 Special Election, approval of an order declaring the results of said election and authorizing the Mayor to sign. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:ta'~: AMT EST $ DIR. INITIALS: Agenda Request Form - Revised ~/00 FIN. REVIEW:(~~< +\-BID CITY MANAGER REVIE~.~ Document Name: %canvass.floc A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON AUGUST 11, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on this the __ day of August 2001, at a meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the following business was transacted. WHEREAS, upon motion it was unanimously ordered that the City Council consider the official returns ora special election held in the City on August 11, 2001, to vote for or against the adoption of a sales and use tax, and for or against Propositions proposing amendments to the Home Rule Charter. WHEREUPON said official returns were opened, examined, canvassed and the results declared as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS WHEREAS, heretofore, the City Council of the City of Coppell, Texas, held a special election in the City on August 11, 2001, to vote for or against the adoption of a sales and use tax for the purpose of financing programs to publicly funded institutions and for or against Propositons proposing amendments to the Home Rule Charter; and WHEREAS, immediately after said election the Presiding Judge and other officials holding said election made their returns of the results thereof to the City Council as follows, and said returns being made according to law, and duly authenticated, and it being shown that written notice of said election was posted for the time and in the manner provided by law, and all other proceedings pertaining to said election having been shown to have been done and performed at and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council and no protest or objection being made to or regarding any matter pertaining to said election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coppell, Texas, after examining said returns and opening and canvassing the votes of said election, that the results of said election are as follows: Canvass of Returns and Declaration of Results of Election - Page - 1- 42732 wit: That the following number of votes were cast for the adoption of a sales and use tax, to- Education Development Sales Tax Proposal "The adoption of sales and use tax, for a four (4) year period, at the rate of one- half of one percent for the purpose of financing programs to publicly funded education institutions through the Coppell Education Development Corporation for the promotion of literacy, foreign language, and career technology for the development of a skilled workforce." ~ VOTES: FOR VOTES AGAINST ~ TOTAL VOTES That the City Council officially finds, determines and declares the results of said election to be that the Education Development Sales Tax Proposal, so submitted, received a majority vote [for/against] in all respects and has carried. That the following number of votes were cast for the following Propositions for amendments to the Home Rule Charter, to-wit: PROPOSITION 1 "Shall Article 3, Section 3.01 of the Coppell Charter be amended to increase the terms of office for the Mayor and Council members from two (2) years to three (3) years, beginning with the regular municipal election for May 2002." VOTES: FOR VOTES AGAINST ~ TOTAL VOTES Canvass of Returns and Declaration of Results of Election - Page -2- 42732 PROPOSITION 2 "Shall Article 3, Section 3.06 (C) of the Coppell Charter be amended to fill vacancies in the office of Mayor and Council member by special election as allowed by state law." VOTES: FOR VOTES AGAINST PROPOSITION 3 TOTAL VOTES law." VOTES: FOR VOTES AGAINST PROPOSITION 4 "Shall Section 8.03 of Article 8, and Section 9.02 of Article 9 be deleted, and Article 8, Section 8.01 of the Coppell Charter be amended to authorize the City Council to establish, by ordinance, such boards, commissions, and committees as required or permitted by state law and/or deemed necessary by the City Council." VOTES: FOR VOTES AGAINST TOTAL VOTES PROPOSITION 5 "Shall Article 8, Section 8.04 of the Coppell Charter be amended to eliminate references to boards, commissions, and committees established by the Charter in regard to the rules, conduct, and compensation for City boards, commissions, and committees." VOTES: FOR Canvass of Returns and Declaration of Results &Election - Page -3- TOTAL VOTES VOTES AGAINST TOTAL VOTES 42732 "Shall Article 7, Section 7.04.D. of the Coppell Charter be amended to authorize the City Manager to transfer unencumbered funds in the City budget among departments, offices and agencies within a fund of the City as allowed by state It appearing that Propositions [One, Two, Three, Four and Five] received a majority of the votes cast at said election, Propositions [One, Two, Three, Four and Five] are hereby declared to be approved by voters. IT IS FURTItER ORDERED that this canvass and declaration of results of said election shall be entered in the Minutes of the City Council and that the City Secretary shall record in the office of the City Secretary, under the seal of the City, showing the approval by the qualified voters of the City of Coppell, Texas. This Resolution, declaring the results of the election shall become effective immediately after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of August, 2001 APPROVED: CANDY SHEEHAN, MAYOR ATTEST: APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY ROBERT E. HAGER, CITY ATTORNEY (REH/cbd 8/8/01) Canvass of Returns and Declaration of Results of Election - Page -4- 42732 T H E: C I T Y O F C'OPP-F_.I~E AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ~ .4. ~ . ~ ITEM CAPTION: Presentation by Leadership Coppell Class of 2001. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~N[x AMT EST. $ DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REWEW'~% +\-BID $ CITY MANAGER REVIEW: Document Name: !Leadership T H ~' C I T Y 0 F C, Ol)~~~ AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # 8 ITEM CAPTION: Consider approval of a proclamation naming September 18, 2001 CPAC Recognition Day, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS: AMT. EST $ DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW.~ +\-BID $ CITY MANAGER REVIEW:~ Document Name: !CPAC CO?PELL PROCLAMATION WHEREAS, Citizen's Police Academy Coppell Alumni Association (CPAC) was formed in January 2000 to help support the Coppell Police Department; and WHEREAS, CPAC provides hundreds, if not thousands, of hours of community service each year helping with D.A.R.E., National Police Week, National Night Out, Victim Assistance, Red Ribbon Week, Citizen's Police Academy, Teen Court, Special Olympics and many other programs; and WHEREAS, CPAC researched, designed, funded, and distributed T.I.K.E. Tags to help even the smallest of our citizens; and WHEREAS, CPAC has been an integral extension of the police department by not only providing support to the officers and employees, but also by helping with parade traffic direction, scenario training, fingerprinting, hiring of officers, judging various contests, etc., etc., etc. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim September 18, 2001 as "CPAC Recognition Day" in the City of Coppell, Dallas County, Texas. The Mayor and City Council urge all citizens and business to join with them and show their support for CPAC's efforts in assisting the Coppell Police Department and the City of Coppell. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this day of August 2001. ATTEST: Candy Sheehan, Mayor Libby Ball, City Secretary ~-~i::~i:j~_,~L~i~ AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM ITEM CAPTION: Report by Coppell Economic Development ?armership. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~'~~ AMT. EST. $ +VBm $ DIR. INITIALS: Agenda Request Form o Revised 5/00 FIN. REVIEW'~ CITY MANAGER REVIEW: Document Name: %bdrpt. doc F' COPP-EL£ AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # JO CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF TI-lB crrY 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 Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). CITY MANAGER'S REVIEW: '1' H COPFLLL AGENDA REQUEST FORM ~ ~'~~ ° CITY COUNCIL MEETING: August ~4, 2001 ITEM ITEM CAPTION: Consider approval of minutes: July 10, 2001. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT EST $ DIR. INITIALS: Agenda Request Form - Revised 5/00 +X-BID $ CITY MANAGER REVIEW: Document Name: %minutes MINUTES OF JULY 10, 2001 The City Council of the City of Coppell met in Regular Called Ses~! ~n Tuesday, July 10, 2001, at 6:00 p.m. in the City Council Ch i~f Town Center, 255 Parkway Boulevard, Coppell, Texas. members were present: Candy Sheehan, Mayor ~ Bill York, Mayor Pro T~i Gre§ Garcia, Counci Jayne Peters, ~: Diana Raines, Doug Dave Also present were City Manager City Attorney Robert REGULAR LibbY:! and the Lined that a quorum to the Public) Teds Government Code Attorney. legal of U-Haul 21 and Denton Tap. , Texas Government Matters. Manager Evaluation. advice concerning at State Code - convened into Executive Session at 6:14 p.m. as allowed article. Mayor Sheehan adjourned the Executive 7:00 p.m. and opened the Work Session. Cm 07102001 Page 1 of 16 WORK SESSION 3. Convene Work Session A. (Open to the Public) Be Discussion and update on Facility at the new Coppell Review new MDC/Emergency Discuss Entry Ways into the Discussion of Agenda I~ms. REGULAR SESSION 4. Invocation. Dr. Larry Parsley, invocation. lance. ~ D iiiSpoke on the fence setback ~i[~iii!iii!~i~i!i~i~iii ii~!ii~!!i!ii!~!i;iiii:I i~i!!ili ii'in Z ili ili~aterview Drive, spoke on the fence !ii!iiiii!iii!~s~i!~ th~':~i!~ ~s in Vistas of Coppell; Waterview Drive, spoke about U-Haul at Tap; 353 Waterview Drive, spoke about U-Haul ; and Amyad Awan, 467 Hazelwood Cove, spoke about the corner lot and fence setbacks. Cm 07102001 Page 2 of 16 7. Consider approval of a proclamation naming July 2001 as Parks and Recreation Month, and authorizing the M~0r to sign. Presentation: Mayor Sheehan read the Proclamation for the re~9~d ted the same to the members of the Department who were present. Mayor Pro Tem York moved to 2001 as Parks and to sign. Councilmember carried 7-0 with Mayor Pro Peters, Raines, Tunnell, motion CONSENT July in i'Sf the installed 26, 2001. :ment between School to have and related the City Manager to northwest Roads. of a six-month extension of time to the expiration date of the Minor Plat Carrick Addition, Lots 1 and 2, Block A, on .70 of an acre of property located at corner of Lodge and Sandy Lake Cm 07102001 Page 3 of 16 Fe Consider approval of a six-month extension of time as it applies to the expiration date of the Minor ~t for the Coppell Service Center, Lot 1, Block, i approximately 7.504 acres of property feet east of Coppell Road, south of Bethel Consider approval of an Ordinance 190 Trinity Shores, zoning PD- SF-9 IPlanned allow the development of 19 approximately 7.31 acres of south side of Sandy River, and Consider approval 1186-Potter to op of for to to on the of S- Use one on property '.he In of side of sign. :~!~ .... nc. changing the Court at the Everybody ~,- .p Road, north of !horizing the Mayor to of a resolution authorizing the Development Block Grant funds fiscal year 2001 in the amount of .00 for the installation of an eight inch and fire hydrants within the Golden Mobile Home Park, and authorizing the City Manager to execute the necessary documents for such funds; and authorizing the Mayor to sign. Cm 07102001 Page 4 of 16 Issues Discussed: There was a request for staff to look at sites that inadequate fire protection in relation to Item H. Action: Councilmember Tunnell moved to approve Con~t A, B, C, D, E carrying Ordinance No. 915 Ordinance No. 91500-A-298, G carrying ~i:~ -954, and H carrying Resolution No. Peters seconded the motion; the motion Pro Tem York and Councflmembers Garcl~iil , Raines. Stover and Herring voting in fa~of the n. 9. Presentation on fences 5!~!I Presentation: Karen Far m to fi concern~nces and setba nts. ~?, ~-~ '~¢~:~ ~.:~'~ '~ Action: sent to Mrs. Farnum ~-191, Freeport VII, Industrial} to PD- }men{:191, Light Industrial}, to the required parking on of property located at 611 S. Creekview Drive {Freeport North iSie~;i ~irector of Planning and Community Services, made a ntati°n to the Council. Turner, Dukes Weeks, 5495 Beltline, Suite 360, Dallas, :: : ~swered questions from Council. Cm 07102001 Page 5 of 16 Public Hearing: Mayor Sheehan opened the Public Hearing and advised n~oae signed up to speak. Action: 11. Mayor Pro Tem York moved to close the approve Case No. PD-191, Freeport VII from LI (Light Industrial) to PD-191-LI Light Industrial), to allow a reduction approximately 17.824 acres of Lane, south of Creekview Block A). Councilmember carried 7-0 with Mayor Pro Peters, Raines, Tunnell, motion. PUBLIC C¢ Coppell, and uest 191, on in fav~of the 129-R2, of cha ~m to the con~i~ction signs to add 26.177 acres of ~orner of Parkway and Community Services, made a o~ned the Public Hearing and asked for those to speak. Applicant, 135 Clover Meadow Lane, spoke in favor. was discussion regarding the history of this subdivision. Cm 07102001 Page 6 of 16 Action: Councilmember Tunnell moved to close the Public approve Case No. PD-129-R2, Parks of Coppell, (Huntington Ridge), zoning change from PD- Development- 129R) to PD- 129R2 (Planned allow the construction of a masonry wall signs to add raised planting beds on property located at the southwest corner o~ ,.~ . Denton Tap Road with the following con~~ii:~ ~i~:' 1. The proposed wall shall bel-i cted of~ same design and m~rial wallj~ !i!. ?~i 2. The area of the drainage according to the~i Mayor Pro with Mayor Rained, 12. P~I,IC of and c~ 7-0 Garci~i!!i!ii~eters, 'favor of the ~on. Permit- 1181, CC's of a 1,920 Suite 401 of the 777 S. MacArthur and Community Services, made a o~ened the Public Hearing and advised no one )eak. ncilmember Tunnell moved to close the Public Hearing and reVoke Special Use Permit-1181, CC's Coffee House, which allowed for the operation of a 1,920 square-foot coffee shop to be located in Cm 07102001 Page 7 of 16 13. Suite 401 of the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard. Councilmember Raines seconded ~:e motion for revocation; the motion carried 7-0 with Mayor PrQ ~em York and Councilmembers Garcia, Peters, Raines, and Herring voting in favor of the motion. PUBLIC HEARING: Consider approval of Case No. zoning change from C (Commercial, Special Use Permit), ~n of an approximately 1,050 pguare- be located in Suite 409 of IV Center, 777 S. Presentation: Gary S~eb, D~re :!~f Plan~~ advis 8 one a Public Hearing and .g change from C Use Permit), to allow 0 square-foot donut shop to be the Coppell Crossing IV Shopping Ce~ with the following conditions: ~e ~:~:~:Peration being limited to Monday ~rou~i : 5 a.m. to noon, Saturday: 5 a.m. ~ 1 ~"and Sunday: 6 a.m. to 1 p.m. development of this property shall be in i: ~,,accordance with the Site Plan, Elevations, Floor Plan and Sign Plan. No Certificate of Occupancy shall be issued until the site ~s constructed according to the approved Site Plan, including required landscaping. Cm 07102001 Page 8 of 16 4. The raceway of the signage shall match the material on which it is mounted; i.e. bronze on brick. : ~ Councilmember Raines seconded the motion; the m ill ~: 7-0 vath Mayor Pro Tem York and Councllmembers , Raines, Tunnell, Stover and Herring voting in fav~ o . 14. PUBLIC HEARING: Consider approval of Case No. Shop & Grill, zoning change SUP (Commercial, operation of an at 2,9 Restaurant with private Crossing IV Boulevard. Pub ~} C o uare-foot the Service~ii i~ade a and advised no one l~on. ch; Co to ~:~e the Public Hearing and Ac~an Noodle Shop & Grill, zoning to C-SUP (Commercial, Special Use of an approximately 2,950 square- private club to be located in the ~pping Center, 777 S. MacArthur Boulevard hours of operation being limited to Sunday ~rough Saturday: 11 a.m. to midnight. The lights immediately adjacent to the retail facility shall remain on during the hours of operation. Cm 07102001 Page 9 of 16 The development of this property shall be in accordance with the Site Plan, Elevations, Floor Plan and Sign Plan. No Certificate of Occupancy shall be issue the site is constructed according to the Site Plan, including the required The sign return match existin in the shopping center. Councilmember Herring seconded the 7-0 with Mayor Pro Tem York ~ Raines, Tunnell, Stover and g There was a short recess held at r~i · 15. Plan, storage located moti~i!iiii~ried Garc~eters, favor of the don. Site acres of east o: ~n Ol nlty Services, made a a htation to Council. d questions from Council. and the windows. Executive Session at this time. Cm 07102001 Page 10 of 16 EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Te~s Government i ' Consultation with City Attorney. Mayor Sheehan convened into Executive Sess~o~ii~i~i~:g~i?~?~ as allowed under the above-stated article. Mayo~i ~rned the Executive Session at 9:26 p.m. and ~ ~n on Item 15. There was further in that ~, the proposed screening wall; leavi~e big trucks parked out front opera~ what hours would the outside issue~iii the number of ~ '"~"~'~,~U-Haul Int ..... ~' ..... onal, ~i!i~ee-story m~orage ~rty located :~i ea~i!~ D T~ad with the following ope ~':~*~'" "~?~ ~ ough Thursday ~!!i ! ~. F - 7:00 a.m. to Norffi'elevation shall be tinted PPGComparable Standard as m. The East and West building will be opaque. (3) spaces in the front yard side of the building. '~?~here will be no propane station. There will be conformance to the site elevation, as submitted on dune 8, 2001. Issues Discussed: Action: Mayor Site Plan. Cm 07102001 Page 11 of 16 Landscaping and conformance to the site plan dated dune 25, 2001, which includes the 14 four (4) inch caliper trees on the Northeast corner the site and everything else that was listed ~ the site plan and the hedges on the Nor Same light standard to be less shielded as measured at the On the South side and on the landscape island that match be on s located. vehicles, the motion carried Garcia Peters, of the motion and motion. St; Joseph Village, Lots 1-4, to allow the development of a and municipal facilities on :res of property located along the Lake Road, 1200' east of MacArthur Sieb, Director of Planning and Community Services, made a ..ntation to the Council. i i!~ 3oe Dingman, Applicant, addressed Council questions. Cm 07102001 Page 12 of 16 Issues Discussed: There was discussion regarding the land swap. Action: conditions: 1. The Final Plat ~ not release of the u t that this prope flood plain. .~d prior to indica from prov meet minimum PLAT) floor elevations with the ieded easements to the City of line. (NOTED ON PLAT) not minor in nature, the of an amended Site Plan for Phase 2 required due to the additional width of waterline easement. ,:Revise the R.O.W. for Sandy Lake Road to reflect the dedication documents. (NOTED ON PLAT) Cm 07102001 Page 13 of 16 Once the R.O.W. for Sandy Lake Road is verified, then verify the accuracy of the location of the trees along Sandy Lake Road as indicated on the approved Landscape Plan. 17. Consider approval of the Coppell Amendment, to allow the onto the existing Justice 13.09 acres of Boulevard. Presentation: Jim Witt, City Action: Mayor Pro; ~Uen n $ , Plan of an on a ~n of 130 Tow~i?!iii~nter Justi~ii!i~enter, )n of an ad~on onto ~n of 13.09 acres of Councilmember 7-0 with Mayor Pro Raines, Tunnell, Dispatch and Management System in an 560,043.90, and authorizing the the necessary documents with Manager, made a presentation to Council. was discussion regarding the training on the new system. Cm 07102001 Page 14 of 16 Action: Mayor Pro Tem York moved to approve a Computer-Aided and Police and Fire Records Management System in an to exceed $560,043.90, and authorizing the City~ execute the necessary documents with TCI Teknologies. Councilmember Peters motion carried 7-0 with Mayor Pro Tem York Garcia, Peters, Raines, Tunnell, Stover of the motion. favor 19. 20. Necessary action resulting ~m W ssion. was no action necessa~i!~aer thiS! There Mayor and A. Re' B. Re, C. Re' the Volunteers for Earth Day F. /[th of July Ao of the huge success of the Picnic in Mayor Sheehan various boards, vacant. encouraged the citizens to apply for the commissions, and committees that are Cm 07102001 Page 15 of 16 21. E. Mayor Pro Tem York announced that Wal-Mart had participated and observed the City of Coppell's Earth Celebration and they donated 15500 for the event. F. Mayor Pro Tern York discussed the great 4th of~ and thanked the staff members for their hard Necessary Action Resulting from Exec iS There was no action necessary under thi: There being no further business to ~e be~!~t e City o , the meeting was adjourned ~iiiii: iii!~iiiii!i~il ATTEST: Cm 07102001 Page 16 of 16 AGENDA REQUEST FORM q~~~CIZY COUNCIL MEETING: August 14, 2001 ITEM #_~__ ITEM CAPTION: Consider approval of a License Agreement between the City of Coppell and Ronnie and Linda Hunt concerning encroachments into an existing alley right-of-way adjacent to Lot 19, Block K Willowood Addition No. 1 (548 Havencrest Lane); and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Dir. of Engineering/Public Works STAFF COMMENTS: It was recently brought to my attention that a small portion of a pool and fence at 548 Havencrest is constructed outside the limits of the property into the adjacent right-of-way for the alley behind the house. The encroachment into the alley is approximately ! 1/2 to 2 feet. This was brought to the homeowners' attention during a re-survey to refinance their property. The approval of the license agreement would allow the existing portion of the pool and fence to remain within the City of Coppell's right-of-way. The license agreement is a revocable agreement as clarified in paragraph six, which states that if the City requires the use of this right-of-way at any time in the future it could require the permitted improvements i.e., the portion of the pool and fence to be removed at the sole cost of the property owner. In paragraph three of the license agreement, it is very clear that this license agreement is non-exclusive and that any utility companies that either have facilities within the right-of-way or choose to use the right-of-way in the future may still do so. Because the City has no utilities in this area and because the license agreement does not preclude the other utility companies from utilizing the area, I have no objections to the license agreement between the City of CoppeI1 and Ronnie and Linda Hunt, the property owners at 548 Havencrest. Staff will be available to answer any questions at the Council meeting. BUDGET AMT $ FINANCIAL COMMENTS: AMT EST $ +X-BID $ DIR. INITIALS: Agenda Request Form - Revised 5/00 CITY MANAGER REVIEW: Document Name: #engl STATE OF TEXAS § COUNTY OF DALLAS § LICENSE AGREEMENT THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as "CITY") and Ronnie and Linda Hunt (hereinafter collectively referred to as "LICENSEE") acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 548 Havencrest Lane and being more particularly described in Exhibit "A", attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE constructed or caused to be constructed a swimming pool and fence (hereinafter referred to as the "IMPROVEMENTS") within City right-of-way easement as shown on the attached survey plat marked Exhibit "B" and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: CITY hereby grants LICENSEE a revocable license for the purpose of maintaining and using the swimming pool and fence (the "PERMITTED IMPROVEMENTS") encroaching the CITY easement and being more particularly depicted on the map marked Exhibit "B" attached hereto and incorporated herein for all purposes. 2. Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3. Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. 4. Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, License Agreement - Page 1 42413 including without limitation, the comprehensive environmental response, compensation and liability act of 1980 ("CERCLA"), the resource conservation and recovery act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms "hazardous substance and waste" shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE' use of the property under this License. 5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic's or material man's liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE' instance or request. 6. Future Ci~ use: This License is made expressly subject and subordinate to the right of CITY to use the property for any public purpose whatsoever. In the event that CITY shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation or removal of the PERMITTED IMPROVEMENTS shall be necessary or convenient for CITY's use of the property, LICENSEE shall at the sole cost and expense make or cause to be made such modifications or relocate said PERMITTED IMPROVEMENTS was not to interfere with the CITY's or CITY's assigns use of the property. A minimum of thirty (30) days written notice for the exercise of the above action shall be given by CITY and LICENSEE shall promptly commence to make the required changes and complete them as quickly as possible or reimburse CITY for the cost of making such required changes. 7. Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit B, then this agreement shall be of no further effect. 8. Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. License Agreement - Page 2 42413 9. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attomey's fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 10. Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE' encroachment at LICENSEE sole expense. 11. Termination: This Agreement may be terminated in any of the following ways: ao Written agreement of both parties; By CITY giving LICENSEE thirty (30) days prior written notice; By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; By the City abandoning any interest in the utility and drainage easement. 12. Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 13. Attorney's fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney's fees from the non-prevailing party. 14. Governin~ law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. License Agreement - Page 3 42413 15. Bindin~ effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 16. Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 17. Recitals: The recitals to this Agreement are incorporated herein by reference. 18. Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this __ day of ., 2001. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: Ronnie Hunt By: Linda Hunt License Agreement - Page 4 42413 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the __ day of ., 2001, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: Notary Public, State of Texas License Agreement - Page 5 42413 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 2001, by Ronnie Hunt. day of Notary Public, State of Texas My Commission expires: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 2001, by Linda Hunt. day of Notary Public, State of Texas My Commission expires: License Agreement - Page 6 42413 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING LOT 19, in BLOCK K, of Willowood No. 1, an Addition to the City of Coppell, Dallas County, Texas, according to the Plat thereof recorded in Volume 78203, Page 1118 of the Plat records of Dallas County, Texas on October 19, 1978; when taken with Certificate of Correction of Error, filed for record on January 24, 1979, recorded in Volume 79018, Page 1675 of the Deed Records of Dallas County, Texas. EX~B~T B ....... $UE~¥ PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have this da[e, mode a careful o~d accurate survey on the ground of the property lace[ed at 548 HAVENCREST LANE in the City of COPPELL Texcs, Bain9 Lot 19 , Block No. K City Block of WlLLOWOOD NO, l , on addition to the City of COPPELL, DALLAS COUNTY, Texas, according [o the PLAT THEREOF recorded in VOL78203 Page 1118 ._, of the MAP Records, DALLAS County, Texas; ms emended by Certifico+,e of CorrecUon of Error filed January 24, I979, reCorded in Volume 79018, Page 1675, Deed Records, DALLAS County, Texas, 'X' Cut"" Fnd 20' 60. 00' N 89'$0"14".E Alley TRANSFORMER BOX ~/2 ~RF 70'X10' TRANSFORMER -- PAD EASEMENT LOT 20 ~ I Story ~rick ~ Frame Residence ~.~ LOT 18 507.6e' ~ S B9'JO'I4" W 548 HA VENCREST LANE It appears through visual interpolation that Acc0rding"to the Road Insurance Rate Maps, Panel No..__4ROtTO 0.0_1.(~_ .... effective date APRIL 15 , 19 94, this property is NOT IN a flood Drone oreo, Zone X NOT FOR CONSTRUCTION Scale: '" = 20' Dote Surveyed: 06-20-2001 ~o~ ~o.. 142889 Steve Donaldson Registered ;~rofessional Land Surveyor No. 4004, do hereby certify that [he plat shown herepn was ~reporeo from on (~ctuol survey mods on the ground under my supervision and conforms to the Texas Bo~rd of Prefe~ionoi Land Surve 'n m n mum s[on~ords adopted Seeemb~ I 1¢92' the eze, location ond ~ of imp~ovem~ts de shown ~ g ....... " ..... ~-~ -~-~k~- encroochm~ conflicts or protBs[~s except with setbo~ dimensions ~ere oppllcaoe mere ore no uppu.=.,~ ~,~,~,~ , os sho~, Alt easements shown ore per the reference plot unless noted otherwise. ~is plo[ was p~epo~d specitzcol~y for ~e transaction referenced below. ~e undersigned assumes no ,~onsibility for ~ny o~er use. By: ~e or Steve ~ds~, Rees[%r~d PrOfessional Lend ~ G.F. No.: 209t FM ~25~D BEARINGS BAS~ ON RECORDED ~~XAS ~E COMPANY PLAT UNLESS NO~ OTHERWISE -~~% P UR~ASER: HUNT · I~ c~-Do~¢so~ sug~6 F COPP-EL£ AGENDA REQUEST FORM CITY CO~C~ ~ET~G: Au~st 14, 2001 ITEM g ITEM CAPTION: Consider approval of a License Agreement between the City of Coppell and Kevin and Donna Brown concerning encroachments into an existing alley right-of-way adjacent to Lot 2, Block 1 Northlake Woodland East Phase III (607 Meadowview); and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Dir. of Engineering/Public Works STAFF COMMENTS: The City of Coppell was recently made aware of an encroachment into an existing five-foot utility easement on the rear of 607 Meadowview Lane. The existing swimming pool encroaches approximately one foot into the existing five foot easement and the surrounding deck encroaches approximately two and one-half feet into the existing easement. The City of Coppell has no utilities either existing or planned in this easement. The encroachment was brought to the homeowners' attention during a re-survey to refinance their property. The approval of the license agreement would allow the existing portion of the pool and deck to remain within the easement. The license agreement is a revocable agreement as clarified in paragraph six, which states that if the City requires the use of the easement at any time in the future it could require the permitted improvements i.e., the portion of pool and deck to be removed at the sole cost of the property owner. In paragraph three of the license agreement, it is very clear that this license agreement is non-exclusive and that any utility companies that either have facilities within the right-of-way or choose to use the right-of-way in the future may still do so. Because the City has no utilities in this area and because the license agreement does not preclude the other utility companies from utilizing the area, I have no objections to the license agreement between the City of Coppell and Kevin and Donna Brown, the property owners at 607 Meadowview. Staff will be available to answer any questions at the Council meeting. BUDGET AMT. FINANCIAL COMMENTS:~ AMT. EST. $ DIR. INITIALS: Agenda Request Form - Revised 5/00 + k-BID $ CITY MANAGER REVIE~'~w!~ Document Name: #eng2 STATE OF TEXAS § COUNTY OF DALLAS § LICENSE AGREEMENT THIS AGREEMENT ("Agreement") is made by and between City of Coppell, Texas ("City"), acting by and through its authorized representatives, and Kevin C. Brown and Donna Lee Brown, husband and wife (collectively, "Licensee") acting in their respective individual capacities. WITNESSETH WHEREAS, Licensee owns the real property with improvements situated thereon located at 607 Meadowview Lane, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A", attached hereto and incorporated herein as if set forth in full (the "Property"); and WHEREAS, Licensee constructed or caused to be constructed on the Property a swimming pool with spa improvement project (the "Improvements"), a small portion of which is located within the City's recorded utility easement (the "Utility Easement"), which is situated on the Property, as shown on the attached survey performed by Precise Land Surveying, Inc., dated 10-19-00, marked Exhibit "B", and incorporated herein for all purposes (the "Survey"); and all references herein to the Utility Easement will refer to that portion of the Utility Easement that is situated only on the Property; and WHEREAS, Licensee has requested the City allow the use and occupancy of the Utility Easement for that portion of the Improvements that lie within the Utility Easement; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: The City hereby grants Licensee a revocable license for the purpose of maintaining and using that portion of the Improvements that encroach upon the Utility Easement (the "Permitted Improvements"), and being more particularly depicted on the Survey. 2. Term,: The term of this License shall be perpetual, subject, however, to termination by the City as provided herein. 3. Non-Exclusive: This License is nonexclusive and is subject to the following: a) to any existing utility, drainage or communications facilities located in, on, under or upon the Utility Easement or property owned by the City, any utility or communication company, public or private; b) to all vested rights presently owned by any utility or communication company, public or private, for the use of the Utility Easement for facilities presently located within the boundaries of the Utility Easement; and c) to any existing lease, license, or other interest in the Utility Easement granted by the City to any individual, corporation or other entity, public or private. LICENSE AGREEMENT Page I 4. Environmental Protection: Licensee shall not use or permit the use of the Utility Easement for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 ("CERCLA'), the resource conservation and recovery act of 1976 ("RCRA"), the Texas Water Code, and the Texas Sold Waste Disposal Act. Licensee warrants that the use of the Utility Easement will not result in the disposal or other release of any hazardous substance or solid waste on or to the Utility Easement, and that is will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Utility Easement or adjoining property by Licensee. The terms "hazardous substance waste" shall have the meaning specified in CERCLA, and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCKA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader than that specified in the CERCLA or RCRA, such broader meaning shall apply. Licensee shall indemnify and hold the City harmless against all costs, environmental clean up of the Utility Easement and surrounding City property resulting from Licensee's use of the Utility Easement under this License in violation of this Agreement, as proven in a court of competent jurisdiction. 5. Mechanic's liens not permitted: Licensee shall fully pay all labor and materials used in, on or about the Utility Easement, and will not permit or suffer any mechanic's or material man's liens of any nature to be affixed against the Utility Easement by reason of any work done or materials furnished to the Utility Easement at Licensee's instance or request. 6. Future City use: This License is made expressly subject and subordinate to the right of the City to use the Utility Easement for any public purpose whatsoever. In the event that the City shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation or removal of the Permitted Improvements shall be necessary or convenient for City's use of the Utility Easement, Licensee shall at its sole cost and expense make or cause to be made such modifications or relocate the Permitted Improvements so as not to interfere with the City's or City's assigns' use of the Utility Easement. A minimum of thirty (30) days written notice for the exercise of the above action shall be given by the City to Licensee, and Licensee shall promptly commence to make the required changes and complete them as quickly as possible, or reimburse the City for the reasonable cost of making such required changes. 7. Duration of License: This License shall terminate and be of no further force and effect in the event Licensee shall discontinue or abandon the use of the Permitted Improvements, or in the event Licensee shall remove the Permitted Improvements from the Utility Easement, or upon termination by the City in accordance with this Agreement, whichever event first occurs; or, in the event that the City abandons the Utility Easement depicted as a public easement on Exhibit B, then this Agreement shall be of no further effect. 8. Compliance with laws: Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over Licensee. LICENSE AGREEMENT Page 2 9. Indemnification: Licensee shall defend, protect and keep the City forever harmless and indemnified against from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Utility Easement by Licensee, whether occasioned by the neglect of Licensee, agents, contractors or assigns, or those invitees of Licensee. Licensee shall at all times defend, protect and indemnify, and it is the intention of the parties hereto that Licensee hold the City harmless against and from any and all loss, cost, damage, or expense, including attorney's fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from the use of the Utility Easement by Licensee, its agents and invitees, except when caused by the willful misconduct or negligence of the City, its officers, employees or agents, and only then to the extent or the proportion of any default or conduct determined against the City for its willful misconduct or negligence. Licensee shall at all times defend, protect, indemnify and hold the City harmless against and from any and all loss, cost, damage, or expense, including attorney's fees arising out of or from any and all claims or causes of action resulting from any failure of Licensee, its agents, contractors, or assigns, in any respect to comply with and perform all the requirements and provisions hereof. 10. Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by the City, shall remove all Permitted Improvements and appurtenances owned by it, situated in, under or attached to the Utility Easement, and shall restore such Utility Easement to substantially the condition of the Utility Easement prior to Licensee's encroachment at Licensee's sole expense. 11. Termination: This Agreement may be terminated in any of the following ways: do Written agreement of both parties; By the City giving Licensee thirty (30) days prior written notice; By the City upon failure of Licensee to perform its obligations as set forth in this Agreement, after thirty (30) days prior written notice to Licensee and opportunity to cure; By the City abandoning any interest in the Utility Easement. 12. Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered in person or when placed, postage prepaid in the United State mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change of address to the other party. 13. Attorney's Fees: Any party to this Agreement, who is the prevailing party in any legal proceeding against any other party brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney's fees from the non-prevailing party. 14. Governin~ Law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 15. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. LICENSE AGREEMENT Page 3 16. Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the Utility Easement and the matters addressed herein, and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 17. Recitals: The recitals to this Agreement are incorporated herein by reference. 18. Legal Construction: The provisions of this Agreement are hereby declared covenants running with the Property and are fully binding on all successors, heirs, and assigns of Licensee who acquire any right, title, or interest in or to the Property or any part thereof. Any person who acquires any right, title, or interest in or to the Property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to said right, title or interest in the Property. 19. Successor Owner Obligations: Notwithstanding the above, if and when Licensee assigns all of its right, title or interest in the Property to a successor owner ("Successor Owner"), Licensee will only have obligations hereunder to the City relating only to the period of time during which Licensee held fee simple title to the Property, according to the Dallas County real property records. Similarly, each Successor Owner of the Property will only be responsible for its obligations hereunder to the City relating only to the period of time during which the Successor Owner held fee simple title to the Property, according to the Dallas County real property records. EXECUTED this day of ., 2001. CITY CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY LICENSEE By: Kevin C. Brown By: Donna Lee Brown LICENSE AGREEMENT Page 4 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 2001, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. [SEAL] Notary Public, State of Texas LICENSE AGREEMENT Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 2001, by Kevin C. Brown. day of [SEAL] Notary Public, State of Texas STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 2001, by Donna Lee Brown. day of [SEAL] Notary Public, State of Texas AFTER RECORDING, PLEASE RETURN TO: Robert J. Stack Law Office of Robert J. Stack 275 W. Campbell Road, Suite 201 Richardson, TX 75080-3560 LICENSE AGREEMENT Page EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING LOT 2, in BLOCK 1, of NORTHLAKE WOODLANDS EAST PHASE 3, an Addition to the City of Coppell, Dallas County, Texas, according to the Map thereof recorded in Volume 83205, Page 3713 of the Map records of Dallas County, Texas; when taken with Certificate of Correction by Don A. Tipton, RPE, dated November 11, 1983, filed for record on November 16, 1983, recorded in Volume 83226, Page 1000 of the Deed Records of Dallas County, Texas. EXHIBIT A, LEGAL DESCRIPTION OF PROPERTY Solo Page EXHIBIT B SURVEY OF PROPERTY LOT I~ EA,~EI'IENT VOL. 6406q, PG. 5352 D.R.D.C.T. ~ iA.a, LOT 3 ONE 5TORY BRICK 607 r'IEADOI, qVIEi, q LANE 7.11 ~O' BUILDING LINE (per LOT 2 BLOCK I ¢our~J I/2' i~'o~ r'od beo*"e 2.12' (~EFER£NCE BEARING) I I MEADOI4VIEI4 (,so' R.o.~q.) LANE NOTES: THIS SURVET IS NOT AFFECTED BT THE FOLLOI, qlNG, (10-13)- EASEMENTS AS NOTED IN TITLE CCh"II"IlTMENT. POOL EXTEND5 INTO 5' UTILITT EASEI'IENT AS 5t-IC~4N. BEARINGS ARE BASED ON PLAT. TI-IlS SURVE'r' 15 VALID ONLY NITN ORIGINAL SIGNATURE IN BLACK INK. LOT I Z THIS I$ TO CrKritrY that on this date a survey was made On the Iround, under my direction and lup~r'/aien of the property located et S07 I/EADOWVIEW LANE. and Beane Lot 2, Block I of NORTHLAKE WOODLA//D8 F.~ PHASE 3. Iff Addition to the City of COPPELL. DALLAS County, Texas, acoordlnf to the Plea thereof re~ordod in Volume 8~05, Pa~e 3713, Map Recordi, DALL~ County. Texu. There are no visible conflicts or protrusions, except &l Ihowrl. The subject property doea not lie within the limite or a lO0-year flood hazard zone acoordln~ to the map published by the Federal Emarlenny Manalement Agenny. and ham a Zone ~" Ratini aa shawl1 by Map No. 480170 0010 E. dated APRIL 15, 1994. The statement that the propert.v does or does not lie within a lO0-year flood zone is not to be taken ii i representation that the property ~lil or will not flood. This Surve7 II not tO b~ used ~or construction purpeees and is for the exclusive t~se of the hereon named purohater0 mortl&fe company, and title company only and this survey la made pursuant to that one oertain title commitment under the GF number shown hereon, provided by the title company named hereon. ACCEPTED BY: DATE: DATE: lO/IO/O0 AMERICAN TITLE COMPANY DATE I~LD: 10/19/00 REVISED: JOB NO: 100-7441 TACH: CS cr NO. 2000 CP MAPSCO NO: iA-Y FIELD: SM 4915 GUS THOIOt3~ON ROAD MESqUITe. ~ 75150 PHONE 972-881-7072 FAY Precise Lend Surveying, Ins. T H E: C: I T Y0 F' C-Oi5izj] i. L AGENDA REQUEST FORM ! ITEM CAPTION: Consider approval of a License Agreement between the City of Coppell and John D. Lightbourn concerning encroachments into an existing alley right-of-way adjacent to Lot 5, Block M of The Meadows Section IV (719 Meadowglen Circle); and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Dir. of Engineering/Public Works STAFF COMMENTS: It was recently brought to my attention that there is an encroachment of existing pool, pool deck and fence in the City's alley right-of-way adjacent to 719 Meadowglen Circle. In this particular location the alley takes a ninety degree bend and there is excess right-of-way adjacent to the alley. Apparently, during the construction of the fence the property owner placed the fence approximately five foot away from the paved section of the alley. This created an approximately eight foot encroachment into the alley right-of-way. The owner subsequently constructed a pool and pool deck which encroached into that eight foot. The property owner is attempting to refinance his home and has approached the City to abandon a portion of the alley right-of-way. Because we have no utilities either in or proposed for this section of the alley, the abandonment of the alley right-of-way would not create a problem for the City. However, there are existing utilities in the alley, therefore; the abandonment of the City's right-of-way will have to also include the dedication of a utility easement. It will take some time for the legal description on the abandonment; therefore, the property owner has requested an irrevocable license agreement in the interim period. Because it is our intent to eventually pursue the abandonment of a portion of the alley, City staff offers no objections to the irrevocable license agreement. The license agreement still allows existing or proposed utilities the right to use this portion of the alley right-of-way. As previously stated, if it is abandoned at some point in the future, a utility easement will be provided to accommodate existing utilities. Staff has no objections to the license agreement between the City of Coppell and John Lighbourn, the property owner at 719 Meadowglen Circle. Staff will be available to answer any questions at the Council meeting. BUDGET AMT $ FINANCIAL COMMENTS :~)¢ AMT EST $ DIR. INITIALS: ~,~ Agenda Request Form - Revised 5/00 FIN. REVIEW~"~'xT~ +k-BID $ Document Name: #eng3 STATE OF TEXAS § COUNTY OF DALLAS § LICENSE AGREEMENT THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as "CITY") and John D. Lightbourn (hereinafter collectively referred to as "LICENSEE") acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 719 Meadowglen Circle and being more particularly described in Exhibit "A", attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE constructed or caused to be constructed a swimming pool and fence (hereinafter referred to as the "IMPROVEMENTS") within City fight-of-way easement as shown on the attached survey plat marked Exhibit "B" and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of maintaining and using the swimming pool and fence (the "PERMITTED IMPROVEMENTS") encroaching the CITY easement and being more particularly depicted on the map marked Exhibit "B" attached hereto and incorporated herein for all purposes. 2. Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3. Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. 4. Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, License Agreement - Page 1 42413 including without limitation, the comprehensive environmental response, compensation and liability act of 1980 ("CERCLA"), the resource conservation and recovery act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms "hazardous substance and waste" shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE' use of the property under this License. 5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic's or material man's liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE' instance or request. 6. Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit B, then this agreement shall be of no further effect. 7. Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times License Agreement - Page 2 42413 defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9. Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE' encroachment at LICENSEE sole expense. 10. Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the City abandoning any interest in the utility and drainage easement. 11. Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12. Attorney's fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney's fees from the non-prevailing party. 13. Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14. Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15. Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16. Recitals: The recitals to this Agreement are incorporated herein by reference. 17. Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any License Agreement - Page 3 42413 person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. __ day of ., 2001. EXECUTED this CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: John D. Lightboum License Agreement - Page 4 42413 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instmmem was acknowledged before me on the __ day of , 2001, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: Notary Public, State of Texas License Agreement - Page 5 42413 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of 2001, by John D. Lightboum. Notary Public, State of Texas My Commission expires: License Agreement - Page 6 42413 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING LOT 5, in BLOCK M, of The Meadows Section Four, an Addition to the City of Coppell, Dallas County, Texas, according to the Plat thereof recorded in Volume 84147, Page 1562 of the Plat records of Dallas County, Texas, dated July 26, 1984. K~I~BIT B TO THE LIENHOLDERS AND/OR THE OWNERS AND TIlE PURCHASERS OF THE PREMISES SURVEYED AND TO CHICAGO TITLE INSURANCR COMPANY: This is to certify that I have made a careful and accurate survey of the property located at 719 MEADOWGLEN CIRCLE in thc City of COPPELL. DALLAS County, Texas, described as follows: LOT 5, BLOCK M of THE MEADOWS, SECT[ON FOUR. an Addition to the City of COPPELL, DALI~,S County, Texas, according to the Plat thereof recorded in Volume §4147, Page 1562, Map Records, DALLAS County, Texas. CO~M.P~mE~.NO. 480170 0010 E ~ TH{S PROPERTY LIES IN ZONE "X" U LOT 7 0.5 I,OT 6 / l_ MEAt' BO'O! ) 0.1 PO0I, CONC LOT 5 ~9 BLK M ~ 4.0 4.5 6.5 ONE STORY .~ BRICK RES. 7.3 ~ 4.2 24.8 30'B.L. 67'30'50" ~ 90'12'10' LOT 8 90°11 '10" .oa 26.82 7 1 9 MEADOWG][ EN C RCLE I hereby certify that on the_2.2~N~day of _JIJ_N_.[. 20. 0_0~. this survey was made on the frs,nd and this survey plat has been prepared as per the field notes thereby produced, and it properly represents the facts aa found on the ground. This survey plat has been prepared in accordance with. and In substantial compliance with , all rules and regulations promulgated by the Texas Board of Professional Land Surveying. Unless otherwise noted, the surveyor has relied solely on the record data provided in the title commitment for the determination of the boundaries of the land parcel surveyed and for Dale : JUNE 23, 2000 <D LEGEND I/2" Steel / Iron Rod Found I/2" Steel / Iron Rod Set Property Line ~ ]~ood Fence ......... Chain Link / Wire Fence ×---×--× Overhead Electric E-- GF No. 529325-VR ~. Scale:i"= 20~---~ ~[ JoB#: 00-1703 HARRY ROWELL & Associates, INC. Surveying & Engineering 1301 Elm Street Etc. ~01 3arrollton, Texas 75006 (972) 242-5679 F' C OPPEEL AGENDA REQUEST FORM CITY COUNCIL MEETING: August i4, 2001 ITEM # __ ITEM CAPTION: Consider approval of a Professional Services Agreement with Schrickel, Rollins and Associates for the preparation of Construction Documents related to the development of Tennis Courts and related amenities at Wagon Wheel Park in an amount not to exceed $123,000.00, and authorizing the City Manager to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Please see attached memo BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST $ Funds are available in Park CIP for this contract. +\-BID $ DIR. INITIALS: ~ Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER Document Name: ^tennis T H £ C I T Y 0 F COPPELL PARKS AND LEISURE SERVICES DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 10, 2001 To: Mayor and City Council / From: Gary D. Sims, CLP, Director ~'-~//~g~ Re: Consider Approval of a Professional Services Agreement with Schrickel Rollins and Associates for the Construction Documentation and Contract Administration of the Proposed Tennis Courts and Related Amenities at Wagon Wheel Park, in an amount not to exceed $123,000.00, and Authorizing the City Manager to Sign. Background: During the planning, research and public input related to the development of the 1998 Parks, Recreation and Open Space Master Plan, the Coppell Tennis Association made it clear that the time was right for the City of Coppell to develop a tennis center, or at least some courts for organized play. The Master Plan Committee agreed and added tennis courts to the needs portion of the Plan. The Park Board and the City Council were also in agreement with the addition of tennis courts to the Master Plan. The location for a Tennis Center was discussed at length and many sites were reviewed and analyzed as the best possible site. Initially, Andrew Brown Jr. Community Park West was considered the best choice. A cost estimate was produced for six courts, including lighting, fencing, commons area, landscaping and cOnnecting sidewalks. The facility was to make use of existing parking, restrooms and ground requiring little alteration in order to prepare for installation of tennis courts. An Estimate of Probable Construction Cost of $785,000.00 was created based on these criteria. At this same time, Halff and Associates was contracted to review the flood plain encroachment issues, which would be created by placing tennis courts at Andrew Brown West. It was determined that this site would not offer a good solution because the site is not large enough to mitigate any increases in the elevations that would be necessary for the addition of tennis courts. The 1999 Bond Committee then decided that tennis courts deserved a priority ranking among the many important projects being discussed for inclusion in a proposed Bond Election. The voters approved the Bond Election in November of 1999 with tennis courts included as one of the itemized projects. Soon after the election, the approved projects were prioritized for sale of bonds to have the projects completed. The bonds for the Tennis Center were sold earlier in 2001. The City Council decided that the most desirable location for the courts was a small comer of Wagon Wheel Park along the southwestern portion of the site, adjacent to the proposed extension of Creekview Drive. The city entered into an agreement with Schrickel Rollins and Associates (SRA) for the master planning of a Tennis Center on this site, which is now in the finishing stages of production. The contract now under consideration for approval, again with Schrickel Rollins, will allow the completion of the Construction Documents, bidding, award of contract and Construction Observation of the Tennis Center. The proposed Tennis Center design shall consist of six lighted courts, with two additional to be included as alternates to the project, a restroom building, a parking lot and drive connection to Creekview Drive and a playground. The proposed agreement with SRA stipulates compensation for the Basic Professional Services based on the final budget of the project. Staff recommends award of a maximum compensation of $75,000 for Basic Services. The consultant has also included several Optional Services. It is recommended a $29,000.00 allowance be awarded for Contract Administration/Observation, $6,000.00 allowance for Field Surveys, $4,000.00 allowance for Geotechnical Services and $9,000.00 for possible Additional Services and Reimbursable Expenses. This brings the total award of this Professional Services Agreement to a maximum of $123,000.00. It is estimated that the 1999 Bond Funds will pay for the six lighted courts. The Coppell Recreation Development Corporation has discussed and agreed to the possibility of funding the parking lot, utility extensions and playground. Funding for a restroom building is still under investigation but is recommended to be included in this design contract because it will be an integral part of the plan. City Council Action requested: Award of a Professional Services Agreement to Schrickel Rollins and Associates for the Construction Documentation/Administration/Observation for Tennis Courts and related amenities at Wagon Wheel Park, in an amount not to exceed $123,000.00. Staff Recommendation: As outlined above BR STATE OF TEXAS § COUNTY OF DALLAS § AGREEMENT FOR PROFESSIONAL SERVICES This Agreement ("AGREEMENT") is made by and between the City of Coppell, Texas ("CITY") and Schrickel, Rollins and Associates ("SRA.") acting by and through their authorized representatives. RECITALS: WHEREAS, the CITY held a Bond Election in November, 1999, to allow the citizens of Coppell to vote to approve or deny the issuance of bonds, in part, for the development of the CITY TENNIS CENTER at Wagon Wheel Park ("PROJECT"); and WHEREAS, the citizens of Coppell voted in favor of the issuance of bonds for said purpose; and WHEREAS, the CITY desires to begin the City Tennis Center at Wagon Wheel Park - Phase III and has selected SRA to perform professional services, without the requirement to bid for such services, in accordance with the requirements in Chapter 252 of the Texas Local Government Code; and WHEREAS, the CITY desires to engage the services of SRA, as an independent contractor and not as an employee, to perform the design and construction documents for the PROJECT on the terms and conditions provided in this AGREEMENT; and WHEREAS, SRA desires to render professional services for the CITY on the terms and conditions provided in this AGREEMENT; NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: A. TERM The term of this AGREEMENT shall begin on the date of its execution by all parties. This AGREEMENT shall continue until SRA completes the services required herein to the satisfaction of the CITY, unless sooner terminated as provided herein. AGREEMENT FOR PROFESSIONAL SERVICES Page I 42007 B. SCOPE OF PROJECT The scope of the PROJECT may include, but is not limited to, the following: 1. Utility services of potable water, sanitary sewer, electricity, and telephone/communiciations. 2. Drainage including surface drainage and subsurface storm sewer. 3. Earthwork including mass grading and fine grading (trash removal and hazardous waste removal that may be associated with site preparation and earthwork is exluded from Basic Professional Services). 4. A parking lot with vehicular entrance and service drives. 5. Sidewalks and other flatwork paving. 6. Design eight (8) tennis court complex with all bid documents prepared so that six (6) courts are in the base bid and two (2) additional courts as an elective upgrade or alternative. A restroom and concession building that may be expanded for later phases of development. 8. 9. 10. Landscape development of a perimeter irrigation system and turfgrass. Lighting including tennis court sports lighting, parking lots and pedestrian areas. A playground and lightweight fabric shade shelters. C. SERVICES IN CONNECTION WITH THE PROJECT SRA agrees to provide the following services: 1. Field Surveys: SRA shall arrange for and coordinate surveys to confirm locations of boundaries and corners and to provide a detailed topographic survey of a portion of the site. 2. A. Geotechnical Services: SRA shall arrange for and provide a geotechnical investigation and report by an independent Geotechnical Engineer to serve as the basis for design of structural footings, tennis courts, building foundations and pavements in the PROJECT. AGREEMENT FOR PROFESSIONAL SERVICES Page 2 42007 Bo Design Development: SRA shall, upon the authorization of the City, prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the scope of the PROJECT with regard to site, architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Design Development Stage deliverables will include the following: 2. 3. 4. 5. 6. 7. Plan views in appropriate scale Sections where appropriate Elevations where appropriate Typical details (architectural and structural) Preliminary mechanical schematic and design loads Preliminary electrical schematic with design loads Outline specifications in CSI format. SRA shall coordinate with appropriate governmental authorities for compliance with applicable codes, ordinances, and laws. SRA shall advise the CITY of any adjustments to the preliminary opinion of probable construction costs. SRA shall provide five (5) sets of blue-line drawings to the CITY for review of the Design Development Stage. (Costs of these drawings are included in the compensation for Basic Professional Services). Construction Documents: SRA shall, upon authorization by the CITY, prepare a complete set of Construction Documents, for approval by the CITY, consisting of drawing and specifications setting forth in detail the requirements for construction of the PROJECT. Construction Documents Stage deliverables will include contract documents coordinated into a bidding package as follows: (Costs of providing these reproducible sets of drawings are included in the compensation for Basic Professional Services.) 1. One (1) set of mylar reproducible Plan Sheets illustrating plans, elevations, sections and details of construction; One (1) master set of PROJECT Manual containing specifications and bidding documents such as bid proposal, standard form of agreement between City and Contractor, conditions of the contract and technical specifications. AGREEMENT FOR PROFESSIONAL SERVICES Page 3 42007 Fo SRA shall provide five (5) sets of blue-line drawings with PROJECT Manuals to the CITY for review before the final plans of the Construction Document Phase are completed. (Cost of these drawings and manuals are included in the compensation for Basic Professional Services). SRA shall advise the City of any adjustments to previous preliminary opinions of probable construction cost indicated by changes in PROJECT requirements or design. SRA shall assist the City with the City's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the PROJECT. Plans and specifications will be prepared in conformance with the Texas Department of Licensing and Regulation (TDLR). SRA will complete the forms and transmit the construction documents to the TDLR for review of compliance with the Elimination of Architectural Barriers Program. (It is understood that review and/or inspection fees paid by SRA for the CITY shall be reimbursed to SRA by the CITY as Reimbursable Expenses). Opinions of Probable Construction Cost. Since SRA has no control over the cost of labor, materials, equipment, or services furnished by others, or over the bidder's/contractor's methods of determining prices, or over competitive bidding or market conditions, SRA's opinion of probable construction cost provided for herein are to be made on the basis of SRA's experience and qualifications and will represent SRA's best judgment as an experienced and qualified professional familiar with the construction industry; but SRA cannot and does not guarantee that construction proposals, bids, or actual construction costs will not vary from the opinions of probable cost prepared by SRA. If prior to the Bidding Stage the CITY wishes greater assurance as to opinions of probable construction costs, the CITY shall employ an independent cost estimator. Bidding: SRA shall, upon authorization of the CITY, proceed with this stage. SRA shall respond to questions from bidders during the bidding stage and issue addenda as required. SRA shall assist the CITY in pre-bid conferences that may be conducted for the bidder's benefit. SRA shall assist the CITY in conducting the bid opening. AGREEMENT FOR PROFESSIONAL SERVICES Page 4 42007 Uo SRA shall assist the CITY in investigating the bidders' qualifications and assist staff in making recommendations with regard thereto. SRA shall assist the CITY in preparation of the contract documents intended for execution by the City and the contractor. Construction Observation/Construction Administration: SRA shall, upon authorization of the CITY, proceed with this stage. SRA shall provide these construction observation/construction administration services on an "on call and as needed" basis: (1) Up to thirty-eight (38) site observation jobsite visits of one-half of a man- day (or six hours - maximum) each. This number is equivalent to an average of one visit per week over a construction period of approximately nine consecutive calendar months. (2) Review of shop drawings, samples and other submittals that are required of the contractor by the contract documents. (3) Site meetings, for a period of nine (9) months from the date of notice to proceed with construction, with the contractor and City staff to review schedule keeping and progress of the works. (Review of the monthly request for payment from the contractor will be initiated at the same meeting). (4) Observations at the conclusion of the PROJECT for the purpose of compiling punch lists for substantial completion and final completion acceptance. When needed or requested by the CITY, SRA and sub-consultants may make visits to the jobsite for PROJECT observation. Such jobsite visits typically consist of visual observation of materials, equipment, or construction work for the purpose of keeping abreast of work being done and ascertaining for the City that the work is in substantial conformance with the contract documents and with the design intent. A jobsite review by SRA and sub-consultants will not be relied upon by the City or the contractor as an acceptance of the work, nor will it be construed to relieve the contractor in any way from his obligations and responsibilities under the construction contract. Specifically, but without limitations, ajobsite review does not required SRA and sub-consultants to assume responsibilities for the means and methods of construction, nor for safety on the jobsite. AGREEMENT FOR PROFESSIONAL SERVICES Page 5 42007 The CITY shall provide qualified inspectors to perform detailed daily (or otherwise frequent) inspections of the contractor's work in progress. Do SRA shall endeavor to guard the CITY against deficiencies and defect in the work of the contractor. Should SRA observe nonconforming or defective work, or unsafe conditions or practices, SRA shall immediately inform the CITY's representative that conforming or remedial action is required. D. LIMITATIONS AND EXCLUSIONS The following items are specifically excluded from services provided in this contract which are as follows: Excluded from the Basic Professional Services, unless otherwise provided for as an Additional Professional Services in a future Agreement, are the coordination or securing of: A. environmental assessments; B. permitting processes and permits; C. zoning and platting services. Trash removal and hazardous waste removal that may be associated with the site preparation and earthwork. E. CITY OBLIGATIONS 1. The CITY shall provide information regarding requirements for the PROJECT, including a program which will set forth the CITY's design objectives, constraints, and criteria, including space requirements and relationships, flexibility, and expendability, special equipment, systems and site requirements. The CITY will provide a budget for the PROJECT, with timely revisions appropriate to the stages of Professional Services. 2. The CITY shall meet with SRA as required for the timely completion of the Professional Services. All meetings will take place within the City of Coppell or at the offices of SRA. 3. The CITY shall designate a single representative to act in its behalf with respect to the PROJECT, who will examine documents submitted by SRA and will promptly render decisions pertaining thereto to avoid unreasonable delay in the progress of the Professional Services. 4. The CITY shall report promptly in writing to SRA any fault or defect in the Professional Services or non-conformance with the provisions of this Agreement. AGREEMENT FOR PROFESSIONAL SERVICES Page 6 42007 5. The CITY shall provide SRA with CITY construction standards to include design details and specifications, and CITY review procedures, as may be required for this PROJECT. 6. The CITY shall provide prints or reproducible copies of other site conditions information in its files to include: City plans, base maps, zoning maps, legal property descriptions, plats, subdivisions and street plans, aerial photographs, topographic maps, utility locations, and the like as are related and significant to the Professional Services. mo The size, type, location, elevation and depth of existing sanitary sewer, storm sewer and water lines that will service the PROJECT will be provided by the CITY. 7. During the Construction Administration and Construction Observation stage of the PROJECT, the CITY shall provide qualified inspectors to perform detailed daily (or otherwise frequent) inspections of the Contractor's Work in progress. F. COMPENSATION Compensation for the performance of Professional Services shall be paid to SRA by the CITY. All compensation provided for additional services in this Section shall be based on the Schedule of Charges for 2001 which is attached hereto and made a part hereof as Exhibit "A" to this Agreement. Compensation shall be based on combinations of the following methods which are defined below: A Stipulated Sum which is predetermined or is proportional to the PROJECT Budget. The Hourly Invoice method, whereby invoices are written for the hourly charge rates of the personnel time and procedures that are necessary to accomplish the described services. Reimbursable Expenses are additional and are not included in the compensation for Basic Professional Services. Reimbursable Expenses include such things as the direct costs of printing additional review copies of the Contract Documents, or sets of bidding documents (plans and project manuals) not included in the Basic Professional Services, and the review and inspection fees charged by the Texas Department of Licensing and Review for the Elimination of Architectural Barriers Program. Reimbursable Expenses include the charges of service providers involved in Supplemental Services Related to Existing Conditions of the Park Site. Other Reimbursable Expenses may come due. However, Reimbursable Expenses shall not include local transportation, long-distance communications, postage, computer-aided AGREEMENT FOR PROFESSIONAL SERVICES Page 7 42007 design and drafting equipment, nor the costs of routine reproductions incidental to the production of final or review copies of the Contract Documents. 1. Basic Professional Services of Stage One: Design Development; Stage Two: Construction Documents; and Stage Three: Bidding. Compensation will be a sum proportional to the PROJECT Budget amount. The PROJECT Budget will be developed from opinions of probable construction cost provided by SRA during the Design Development Stage. Prior to beginning the Construction Documents Stage, the CITY will choose and authorize a PROJECT Budget for construction costs to which the design for the first phase of the PROJECT will be coordinated. Since the PROJECT Budget may change, a range of compensation is provided. The final basis of compensation will be increased or decreased proportionately to the determined PROJECT Budget that may be more than, less than or between these values: Project Budget Maximum Compensation Percentage Compensation $1,000,000 $ 67,500 6.75 % $1,125,000 $ 75,000 6.67 % $1,250,000 $ 82,500 6.60% $1,500,000 $ 97,500 6.50% Bidding alternatives may be provided so that the CITY will know the construction costs of other items outside of the base bid, and may have the option to award a construction contract that includes additive or deductive alternatives of the CITY's choice; such alternates, if any, shall be included in determinig the PROJECT budget in order to determine compensation. 2. Final Basis of Compensation. The final basis of compensation paid to SRA for the first three stages of Basic Professional Services will be a percentage of the PROJECT Budget that is determined (in this order of priority) as: the sum of the base and all additive alternate bids provided by the bidder ( a general contractor) to whom a construction contract is awarded by the CITY; or Bo in the event that bids are received by the CITY but no contract is awarded, the sum of the base and all additive alternate bids of the single lowest qualified bidder (a general contractor); or in the event that no bids are taken (or if altemates designed in the Construction Documents stage are deleted from the bidding documents), it will be SRA's most current opinion of probable construction cost for PROJECT improvements that were designed for inclusion in the Construction Documents. AGREEMENT FOR PROFESSIONAL SERVICES Page 8 42007 Illustrative Examples: (1) If the PROJECT Budget for construction costs is initially authorized as $1,125,000.00, but is later determined as $1,000,000.00 per "the final basis of compensation" paragraph (above), compensation for the first three stages of Basic Professional Services will be reduced from $75,000.00 to the amount of $67,500.00. (2) If the PROJECT Budget for construction costs is initially authorized as $1,125,000.00, but is later determined as $1,250,000.00 per "the final basis of compensation" paragraph (above), compensation for the first three stages of Basic Professional Services will be increased from $75,000.00 to the amount of $82,500.00. 3. Basic Professional Services. The allocation of payments for the Basic Professional Services is as follows: Stage One - Design Development Stage Two - Construction Documents Stage Three - Bidding 35% 60% 5% Total for these stages of Basic Professional Services 100% In the event that the PROJECT is abandoned, SRA shall receive final payment up to the completion of the stage which is current under performance. Illustrative Example Only: If compensation for the first three stages of Basic Professional Services is the proportional sum of $75,000.00, payment will be allocated as follows: Design Development (35%) Construction Documents (60%) Bidding (5%) $ 26,250 45,000 3,750 Total $ 75,000 F. ALTERNATE SERVICES Basic Professional Services of Stage Four Construction Observation/Construction Administration - ALTERNATE For the Basic Professional Services of Stage Four-Construction Observation/Construction Administration, the CITY will establish a contract allowance of $29,000.00. AGREEMENT FOR PROFESSIONAL SERVICES Page 9 42007 mo Compensation for these Professional Services will be invoiced by the hourly invoice method. Services will be provided "on call and as needed" when needed or requested by the CITY. B. Field Surveys - a contract allowance of $6,000. Geotechnical Services - a contract allowance of $4,000.00 These contract allowances include the maximum anticipated charges that may be required to complete the described scope of Professional Services. Invoices will reflect the actual direct charges for time and materials, and their totals may be less than the allowance. The allowance provided is for charges anticipated over a nine month construction period for a PROJECT with a PROJECT Budget of $1,125,000.00 or less. Should Additional Services beyond the scope of Stage Four services be required, such services and additional compensation will be provided by letter of amendment to this Agreement. 2. Additional Professional Services and Other Reimbursable Expenses. For the contingencies of Additional Professional Services and other Reimbursable Expenses, the CITY shall establish a contract allowance of $9,000.00. Compensation will include the direct expenses of the service provider plus appropriate stipulated sums or hourly invoice charges for the services of SRA personnel and only to the extent necessary. No charges shall be made to this contingency allowance without a specific written authorization by the CITY or a written amendment to this Agreement. G. ADDITIONAL SERVICES 1. The following services are not included in this Agreement but are available to the CITY upon written authorized approval: Assistance by SRA to the CITY in the resolution of construction-contract disputes between the CITY and its contractor, or contract-related claims against the CITY, are not a part of the scope of this proposal. However, such services may be provided as Additional Services by separate agreement or amendment, as provided for herein, to this Agreement. Services related to permitting, platting, re-platting, zoning, or rezoning required by the CITY or required by other governmental authorities for the construction of the PROJECT, will be provided by the CITY, or provided by SRA by separate agreement or amendment, as provided for herein, to this Agreement. AGREEMENT FOR PROFESSIONAL SERVICES Page 10 42007 The CITY will print and issue construction documents to prospective bidders and administer the bidding stage of the PROJECT, or, SRA may perform some or all of these services as Additional Services by separate agreement or amendment, as provided for herein, to this Agreement. H. TIME FOR COMPLETION Professional Services provided by SRA for the CITY shall be completed in accordance with the following. For the purposes of this Agreement, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a CITY non-working day, then the submission will be due the following CITY working day. Field Surveys and Geotechnical Services: These services shall be completed within six (6) weeks of authorization to begin. Some of these services may be accomplished concurrently with Design Development. Design Development: Design Development shall be completed within six (6) weeks of authorization to begin, following substantial completion of the above Supplemental Services. o Construction Documents: Construction Documents shall be completed within eight (8) weeks of authorization to begin, following completion of Design Development. 4. Time Periods: The time periods for completion of services are exclusive of time that may be required for reviews, special meetings or delays caused by the CITY or State or other agencies having jurisdiction or interest in the PROJECT. bo If, through no fault of SRA, the first three stages of Basic Professional Services have not been completed within ten (10) months of the date of this Agreement, the terms of this Agreement may be renegotiated. If, through no fault of SRA., the fourth stage of Basic Professional Services has not been completed within eighteen (18) months of the date of this Agreement, the terms of this Agreement may be renegotiated. I. ENTIRE AGREEMENT This AGREEMENT constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to this subject matter. AGREEMENT FOR PROFESSIONAL SERVICES Page 11 42007 J. ASSIGNMENT Neither this AGREEMENT nor any duties or obligations under it shall be assignable by SRA without the prior written consent of CITY. In the event of an assignment by SRA to which the CITY has consented, the assignee or the assignee's legal representative shall agree in writing with the CITY to personally assume, perform, and be bound by all the covenants, obligations, and agreements contained in this AGREEMENT. K. AMENDMENT This AGREEMENT may be amended by the mutual written agreement of the parties. L. GOVERNING LAW The validity of this AGREEMENT and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in Dallas County, Texas. M. NOTICE Any notice or other communication shall be in writing and shall be deemed given when sent Registered or Certified Mail, Postage Prepaid, in the United States Mail, addressed as set forth below, or to such other address as either of the parties shall advise the other in writing. If intended for CITY: Jim Witt City Manager City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 If intended for SRA: Terry T. Cheek Vice President Schrickel, Rollins & Associates, Inc. 1161 Corporate Drive West, #200 Arlington, Texas 76006 AGREEMENT FOR PROFESSIONAL SERVICES Page 12 42007 N. LEGAL CONSTRUCTION 1. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provisions and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this AGREEMENT. 2. It is understood and agreed that SRA, in satisfying the conditions of this AGREEMENT, is acting independently and that the CITY assumes no responsibility or liabilities to any third party in connection with this AGREEMENT. SRA. agrees to indemnify and hold harmless the CITY, its officers, agents, and employees from any and all damages, loss or liability of any kind, whatsoever, by reason of death or injury to property of third persons caused by the omission or negligent act of SRA, its officers, agents, employees, invitees, or other persons for whom it is legally liable, with regard to the performance of this AGREEMENT, and SRA will, at its cost and expense, defend, pay on behalf of, and protect the CITY and its officers, agents, and employees against any and all such claims and demands. All services to be performed by SRA under this AGREEMENT shall be in its capacity as an independent contractor and not as an agent or employee of the CITY. SRA shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to compliance with this AGREEMENT and any specifications, schedules or plans approved by the CITY. 3. It is understood that the general contractor and his subcontractors employed to carry out and install the work set forth in the construction documents of plans and specifications prepared by SRA. will be an independent contractor, responsible to the CITY for the proper execution and performance of matters required by those construction documents. 4. SRA does not guarantee, nor is responsible for, the performance of the contractor who has been employed by the CITY to perform and carry out the work. SRA is not responsible for delays, damages, defects, or other imperfections caused by the contractor. SRA is not responsible for the contractor's superintendence, means, methods, sequences, and techniques of construction. SRA is not responsible for the contractor's safety precautions and safety obligations in connection with the work. O. CAPTIONS The captions used in this AGREEMENT are for convenience only and shall not affect in any way the meaning or interpretations of the provisions set forth herein. P. COUNTERPARTS This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. AGREEMENT FOR PROFESSIONAL SERVICES Page 13 42007 Q. TERMINATION This AGREEMENT shall continue until termination by either party by giving thirty (30) calendar days prior written notice to the other party. EXECUTED this __ day o£ ,2001. CITY OF COPPELL, TEXAS By: JIM WITT, City Manager ARREST: By: LIBBY BALL, City Secretary APPROVED AS TO FORM: By: ROBERT HAGER, City Attorney EXECUTED this __ day of ,2001. SCHRICKEL, ROLLINS & ASSOCIATES, INC. By: TERRY T. CHEEK, Vice President AGREEMENT FOR PROFESSIONAL SERVICES Page 14 42007 SCHEDULE OF CHARGES - 2001 EXHIBIT "A" BILLABLE SALARY RATE & EXPENSE CHARGES CLASSIFICATION: PRINCIPAL ASSOCIATE SENIOR ENGINEER ENGINEER III ENGINEER II ENGINEER I DESIGNER, ENGINEER-IN-TRAINING SENIOR U-%NDSCAPE ARCHITECT LANDSCAPE ARCHITECT III LANDSCAPE ARCHITECT II LANDSCAPE ARCHITECT I DESIGNER SENIOR PLANNER PLANNER ARCHITECT DESIGNER SURVEY COORDINATOR SENIOR ENGINEERING TECHNICIAN ENGINEERING TECHNICIAN PLANNING TECHNICIAN PRODUCTION COORDINATOR CAD OPERATO,~' DRAFTER III CAD OPERATOR/DRAFTER II CAD OPER.-~TOR/DRAFTER I SENIOR SECRETARY SECRETARY,%VORD PROCESSOR CLERK The ranges and indMdual salaries are adjusted annually. OTHER SERVICES (invoiced at rate shown): Four Man Field Party Three Man Field Party Two Man Field Party I~NGE OF BILLABLE SALARY RATE LOW HIGH S125 $145 80 130 105 125 90 110 65 90 60 80 50 70 105 125 80 1 O0 65 85 50 70 45 6O 90 125 75 90 80 1 O0 70 90 65 90 55 68 50 68 50 66 70 100 60 80 50 70 45 60 45 70 3.5 48 30 40 Sl 15 q~our 1 O0,%our 85,%our PRINTING SERVICES On house): SQ. FT. PER ORDER BLUE LINE MYLAR PRICE VARIES ACCORDING TO SIZE OF ORDER 6 S3.70 S10.00 I ~ 100 25.71 139.00 101-200 0.18/S.F. 1.30/S.F. 201-300 0.14/S.F. 1.2S/S.F. 301-1000 0,13/S.F. 1.20/S.F. 1001 - up 0.11 .S.F. 1.15/S.F. In-house Xerox copies pro~fded at $0.07 per s~nCe side copy or $0.14 per double side coN. COMPUTER PLOT[lNG SERVICES (in house): S~Z~E upto 11'x17" 24'x36' 30'~42' oversize add BLACK INK ON COLOR ON MYLAR FILM BOND/VELLUM BOND/VELLUM OF INK PLOT $ 10.50 $ 13.00 $ 13.50 11.00 15.50 21 12.50 22.00 27.00 2.50/SF 3.50/SF 4.50/SF OTHER DIRECT EXPENSES: Ot~er dire:t expenses are reimbursed at actual cost times a multiplier of 1.10. They induce outside ~r~n§ and reproductions expense, communication expense, ~avel, transpo~atJon and s~0sis~en~e away from Adin~on and o~her miscellaneous ~xpenses directly related to l~e ~ indudin§ ~ o/ta~o'ato9, anal)~s, tes~, and oder work r~luired to b~ done by independent persons od~e~ l~an stuff membet~ 01 SR~- I T Vi £ C ! T Y 0 F C'OPP-EEL AGENDA REQUEST FORM r-T~v COUNCIL MEETING: Aul~:ust 14, 2001 ITEM # ITEM CAPTION: Consider approval of change orders to the Dean Construction Contract for Phase II of Wagon Wheel Park, in the total amount of $59,395.00, and authorizing the City Manager to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Please see attached memo BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: Funds are available in Park CIP for these change orders. DIR. INITIALS: . FIN. REVIEW__.~ Agenda Request Form - Revised 5/00 +\-BID $ CITY MANAGER REVIEW: Document Name: ^WWco T H £ C ! T Y 0 F' COPPEL£ PARKS AND LEISURE SERVICES DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 10, 2001 To: From: Re: Mayor and City Council Gary D. Sims, CLP, Director/~' Consider Approval of Change Orders Number 2, 3 and 4 to the Dean Construction Contract for Construction of Phase 2 of Wagon Wheel Park in the Total Amount of $59,395.00. Background: The Phase 2 construction project at Wagon Wheel Park was very much time driven due to the loss of the city's baseball complex at Coppell Middle School West. As a result, the drawings and construction documentation and reviews thereof associated with a development of this magnitude were fast tracked. Some issues arose as the project progressed which were not addressed during ~he Design Development and Construction Documentation phases of the work. During construction most of these issues were worked out in the field without change to the contract price. There are a few, however, for which the contractor has asked for additional compensation. Proposed Change Order Number Two allows for the payment for the demolition of four existing soccer bleacher pads that were poured by Hisaw & Associates in phase one of the work, relocation and redesign of the pads to match the revised design, and adjustments to the existing irrigation system. These four pads were installed as originally designed by Schrickel & Rollins, prior to the idea of creating covered spectator areas. The original pads were designed without beams to support the structure walls and located such that the roof of the cover would interfere with the sports light poles. The cost for proposed Change Order Number Two is $24,500.00. Change Order Number Three would allow for the payment of raising of two manholes and one water valve due to changes in the final elevation by the architect. Hisaw & Associates installed these structures in phase one of the work per the original plans but the design of phase 2 necessitated changes to the existing elevations. The third item on the proposed Change Order is the addition of 460 1.f. of 12" PVC. This 12" PVC is to be used in lieu of 6" to better drain the areas in the water feature area at the concession/restroom building. The architect decided that a 6" sized pipe could allow slow enough drainage that water might seep into the building in the event of a heavy, quick rain event. The total cost for proposed Change Order Number Three is $12,659.00. Change Order Number Four would allow for the addition of 3 fire hydrants along with piping, valves, fittings and tie-ins at the parking lot at Wagon Wheel Park. These structures are required by review of the Fire Marshal to add fire protection at the west parking lot areas. The total cost for proposed Change Order Number Four is $22,236.00. The total contract price, including these change orders will be $5,000,742.00. City Council Action Requested Approval of Change Orders Number 2, 3 and 4 to the Dean Construction Contract for Construction of Phase 2 of Wagon Wheel Park in the total amount of $59,395.00. BR CHANGE ORDER Distribution to: OWNER ARC H ITECT CONTRACTOR FIELD OTHER P ROJ ECT: (name, address) TO (Contractor): F, Wagon Wheel Park, Phase II City of Coppell P. O. Box 478 Coppell, TX 75019 Dean Electric, Inc. dba Dean Construction 701 Hall St. L Cedar Hill, TX 75104 CHANGE ORDER NUMBER: 2 INITIATION DATE: April 27, 2001 ARCHITECT'S PROJECT NO: 4112 CONTRACT FOR: General Construction CONTRACT DATE: November 16, 2000 You are directed to make the following changes in this Contract: ° Demo four (4) existing soccer bleacher pads, relocate per revised plan, reinstall concrete bleacher pads with grade beams per revised plans, and adjust existing irrigation around new bleacher pads ............................................................. $24,500.00 Not valid until signed by both the Owner and Architect. Si[~nature of the Contractor indicates his asreement herewith, includin~ any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was .............................. $ Net change by previously authorized Change Orders ..................................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ............... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased)~,~,., ''~ ....... ~o~,~'~ ..... (,,,,,.,L,,~, .... ,~,.,~).~ by this Change Order .......................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ........ $ The Contract Time will be (~acr~ased) (d~cr~a~cd) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: 4,904, 647.00. 36,700.00. 4,941,347.00. 24,500.00. 4,965,847.00. ( ) Days. August 31, 2001. SCHRICKEL, ROLLINS AND ASSOCIATES DEAN ELECTRIC dba DEAN CONSTRUCTION, INC. CITY OF COPPELL ARCHITECT CONTRACTOR OWNER 1161 Corporate Drive West, Suite 200 701 Hall St. P.O. Box 478 Address Address Address Arlin~on, TX~ 76006 DA'rE 4--2% Cedar Hill, TX 75104 , DATE / .7 -" /OAT[ Coppell, TX 75019 CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: (name, address) Wagon Wheel Park, Phase II City of Coppell P. O. Box 478 Coppell, TX 75019 CHANGE ORDER NUMBER: 3 INITIATION DATE: April 27, 2001 TO (Contractor): Dean Electric, Inc. dba Dean Construction 701 Hall St. L Cedar Hill, TX 75104 -j ARCHITECT'S PROJECT NO: 4112 CONTRACT FOR: General Construction J CONTRACT DATE: November 16, 2000 You are directed to make the following changes in this Contract: Raise two (2) manholes per City of Coppell standards @ $2,015.00 each ...................... $ 4,030.00 Raise one (1) water valve per City of Coppell ........................................... $ 500.00 Furnish and install 460 LF 12" PVC ................................................... $11,423.00 6 - 90° fittings 1 - Tee fitting Delete 6" PVC from base bid ....................................................... -$ 3,294.00 $12,659.00 Not valid until signed by both the Owner and Architect. Si[~nature of the Contractor indicates his a~reement herewith, includin[~ any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was .............................. $ Net change by previously authorized Change Orders ..................................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ............... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (d~creased) (;nchan§cd) by this Change Order .......................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ........ $ The Contract Time will be (]ncreascd) (dccrcascd) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: 4,904,647.00. 24,500.00. 4,965,847.00. 12,659.00. 4,978,506.00. ) Days. August 31, 2001. SCHRICKEL, ROLLINS AND ASSOCIATES DEAN ELECTRIC dba DEAN CONSTRUCTION, INC. CITY OF COPPELL ARCHITECT CONTRACTOR OWNER 1161 Corporate Drive West, Suite 200 Address Arlington, T.X 76006 DATE ~ -'~.~ -(~ [ 701 Hall St. P.O. Box 478 Add ress Address Cedar Hill, TX 75104_ Coppell, TX 75019 BY _ BY DATE ~.'~ ---' / 7'-"" O f DATE CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: (name, address) Wagon Wheel Park, Phase II City of Coppell P. O. Box 478 Coppell, TX 75019 TO (Contractor): F~ Dean Electric, Inc. dba Dean Construction 701 Hall St. LCedar Hill, TX 75104 CHANGE ORDER NUMBER: 4 INITIATION DATE: April 27, 2001 -] ARCHITECTS PROJECT NO: 4112 CONTRACT FOR: General Construction J CONTRACT DATE: November 16, 2000 You are directed to make the following changes in this Contract: Bore underexisting DRWE & existing irrigation mains ...................................... $ 4,706.00 400 LF of 6" C900 PVC pipe including tie-ins, valves, and fittings ............................. $ 9,412.00 Furnish and install 3 fire hydrants @ $2,706.00 each ...................................... $ 8,118.00 $22,236.00 Not valid until signed by both the Owner and Architect. Si[~nature of the Contractor indicates his a:]reement herewith, includin~ an,y adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was .............................. $ Net change by previously authorized Change Orders ..................................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ............... $ The (Contract Sum~ (Guaranteed Maximum Cost) will be (increased) (dec;cased) (ur, changed) by this Change Order .......................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ........ $ The Contract Time will be (~nc;ca~cd] (dec'"~) (unchanged) by The Date of Substantial Completion as of the date ol~ this Change Order therefore is Authorized: 4,904,647.00. 12,659.00. 4,978,506.00. 22,236.00. 5,000,742.00. ( )Days. August31,2001. SCHRICKEL, ROLLINS AND ASSOCIATES DEAN ELECTRIC dba DEAN CONSTRUCTION. INC. CITY OF COPPELL ARCHITECT CONTRACTOR OWNER 1161 Corporate Drive West, Suite 200 Address 701 Hall St. P.O. Box 478 .Add tess Add ress Arlin~onhTX 7,6006 DATE Cedar Hill, TX 75104 .,~ Coppetl, T.~ ?50?, , F COPPEI_JL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # I I ITEM CAPTION: Consider the revocation of Ordinance No. 91500-A-281 for Special Use Permit-Il81, which would have allowed the operation of CC's Coffee House to be located in Suite 401 of the Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Staff recommends approval. DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW:~~ CITY MANAGER REVIEW: Document Name: ~S1181oREV AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, AS PREVIOUSLY AMENDED, TO GRANT A CHANGE IN ZONING BY REPEALING ORDINANCE NO. 91500-A-281 TO REVOKE THE SPECIAL USE PERMIT (SUP-II81) WHICH WOULD HAVE ALLOWED THE OPERATION OF A RESTAURANT IN THE COPPELL CROSSING IV SHOPPING CENTER, 777 SOUTH MACARTHUR BOULEVARD, SUITE 401, COPPELL, TEXAS; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of.Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended by repealing Ordinance No. 91500-A-281 to revoke Special Use Permit No. 1181 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended, as previously amended, to grant a change in zoning by repealing Ordinance No. 91500-A-281 to revoke the Special Use Permit (SUP-II81) which would have allowed the operation of a restaurant in the Coppell Crossing IV Shopping Center, 777 South MacArthur Boulevard, Suite 401, Coppell, Texas. SECTION 2. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. 1 42614 SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ~ 2001. APPROVED: CANDY SHEEHAN, MAYOR 2 42614 ATTEST: RO~B'-~RT E.'I~IA~CIT9 ATTORNEY (REH/¢db 8/2/01) LIBBY BALL, CITY SECRETARY 3 42614 T H E C I T Y O F COPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-191, Freeport VII, zoning change from LI (Light Industrial) to PD-191-LI (Planned Development-191, Light Industrial), to allow a reduction in the required parking on approximately 17.824 acres of property located at 611 S. Royal Lane, south of Creek'view Drive (Freeport North Addition, Lot 2, Block A), and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On July 10, 2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. FIN. REVIEW:~ CITY MANAGER REVIEW:~~ @PD191o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "LI" (LIGHT INDUSTRIAL) TO "PD-191-LI" (PLANNED DEVELOPMENT- LIGHT INDUSTRIAL -191) TO ALLOW FOR A REDUCTION IN THE REQUIRED PARKING ON APPROXIMATELY 17.824 ACRES LOCATED AT 611 S. ROYAL LANE, AND BEING MORE PARTICULARLY DESCRIBED IN EXI-HBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. PD-191, Light Industrial should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) to "PD- 191-LI" (Planned Development-191 - Light Industrial) to allow for a reduction in parking on approximately 17.824 acres located at 611 S. Royal Lane, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. 1 42351 SECTION 2. That the property shall be developed and used only in accordance with the Light Industrial zoning district, except as amended herein, and the Site Plan, Landscape Plan, and Elevations, attached hereto as Exhibits "B", "C", and "D". SECTION 3. That the Site Plan, Landscape Plan, and Elevations, attached hereto as Exhibits "B", "C", and "D", respectively, attached hereto and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by 2 42351 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: APPR~ORM: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY 3 42351 DESCRIPTION OF PROPERTY SURVEYED WHEREAS, Duke-Weeks Realty, Limited Partnership, and Indiana Limited Partnership, Successor by Merger, Is the owner of a 17.824 acre tract of land situated in the William K. Payne, Survey Abstract No. 1140, Dallas County, Texas, said tract being oil of Lot 2, Block A, Freeport North, an addition to the City of Coppell, Texas as Freeport North land in Special Warranty Deed from MEPCO&I Inc. to Weeks Realty L.P., recorded in Volume 98107, Page 115 of the Deed Records of Dallas County, Texas; said 17.824 acre tract being more particularly described as follows; BEGINNING, at a 1/2-inch iron rod with 'Pocheco Koch' cap found, said point being in the east right-of-way line of Creekvlew Drive (a 60 foot wide right-of-way); said point also being the southwest corner of Lot 3, Block A of the said Freeport North; THENCE. North 89 degrees, 50 minutes. 30 seconds East, departing the said east line of Creekview Drive and along the south line of said Lot 3, a distance of 762.65 feet to a 1/2-inch iron rod with "Pacheco Koch' cap found for corner;, THENCE, South 25 degrees, 49 minutes, 05 seconds East, along o southwest line of said Lot 3, passing at a distance of 30.81 feet the most northeHy northwest corner of Lot 1, Block A of the said Freeport North, then continuing along a southwest line of sold Lot 1, in all a distance of 61.82 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap found for corner;, said point begin the most eastedy northwest corner of said Lot 1; THENCE, South 31 degrees, 58 minutes, 48 seconds West, along a northwest line of said Lot 1, a distance of 52.61 feet to a 1/2-inch iron rod with "Pacheco Koch' cap found at the most westeHy northwest corner of said Lot 1; THENCE, South O0 degrees, 03 minutes, 45 seconds East, along the west line of sold Lot 1, o distance of 922.57 feet to o 1/2-inch iron rod with 'Pocheco Koch" cop found et the southwest comer of said Lot 1; sold point being In the north line of o tract of lend described in deed to Welter Hogg Partners, recorded in Volume 90085, Page 1687 of the Deed Records of Dallas County, Texas; THENCE, North 89 degrees, 32 minutes, 04 seconds West, along the north line of the said Hogg tract, o distance of 759.9.3 feet to o 1/2-inch iron rod with "Pocheco Koch" cop found for comer in the said east line of Creekview Drive; THENCE, North O0 degrees, 09 minutes, 30 seconds West, along the said east line of Creekview Drive, a distance of 1014.57 feet to the POINT OF BEGINNING. CONTAINING, 776,405 square feet or 17.824 acres of land, more or less. EXHIBIT "A'" EXHIBIT "B" EXHIBIT "C" '1 1' H £ C I 1' Y 0 F COPPELL AGENDA REQUEST FORM * ~-~ '~"~ "~.. ~ ~~ ~ ~~1~~~~ ~CITY COUNCIL MEETING: August 14, 2001 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-129R2, Parks of Coppell, Tract III (Huntington Ridge), zoning change from PD-129R (Planned Development-129R) to PD-129R2 (Planned Development-129R2), to allow the construction of a masonry wall and revise monument signs to add raised planting beds on approximately 26.177 acres of property located at the southwest comer of Parkway Boulevard and Denton Tap Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On July 10, 2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. INITIALS: ~~, FIN. REVIEW: Agenda Request Form - Revised 5/00 CITY MANAGER REVIEW: @PD 129R2o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-129 (PLANNED DEVELOPMENT-129 TO "PD-129R2" (PLANNED DEVELOPMENT - 129R2) TO ALLOW FOR THE CONSTRUCTION OF A MASONRY WALL AND TO REVISE MONUMENT SIGNS BY ADDING RAISED PLANTING BEDS FOR APPROXIMATELY 26.177 ACRES LOCATED AT THE SOUTHWEST CORNER OF PARKWAY BOULEVARD AND DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A REVISED SITE PLAN AND WALL ELEVATION DETAIL, ATTACHED HERETO AS EXHIBITS "B" AND "C", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-129R2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning fi:om "PD-129R" (Planned Development- 129R) to "PD- 129R2" (Planned Development - 129R2) to allow for the construction 1 42350 of a masonry wall and revised monument signs for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with PD- 129R, except as amended herein, the following special conditions, and the approved Site Plan and Wall Elevation Detail, attached hereto as Exhibits "B" and "C"," respectively: A. The masonry wall shall be designed and constructed of the same material as used for the Huntington Ridge Planned Development. B. The area of the masonry wall which is located over the 20' existing drainage easement, shall be constructed according to the approved wall elevation plan. SECTION 3. That the Site Plan and Wall Elevation Detail, attached hereto as Exhibits "B" and "C", and made a part hereof for all purposes, is hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 42350 SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. "SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: ROBERT E. HAG~I~, CITY ATTORNEY (REH/cdb 8/1/01) LIBBY BALL, CITY SECRETARY 3 42350 LEGAL DESCRIPTION Being located in Lot 21, Block B and the Common Area in Block A of the Huntington Ridge Addition, an addition to the City of Coppell, filed for record May 13, 1993, Volume 93093, Page 1513, further being described as being located at the southwest and northwest comers of Kingsridge Drive and Denton Tap Road. EXHIBIT "A" M ~,TCH LINE #5 'HUNTINGTON RIDGE COPPELL~ TEXAS WALL/WALK BLVD:.~ MATCH LINE .//:5 20'-4" _,. ':. ........ . A- ,-------DECORATIVEI BRICK CAP ] 9-¢' ~-~ ~-~ -- ............ !, · ,,~ tt Ii," .,!-i" ,. ', ...... -.. :-.,--', '-..--'-.'-'.: ~-....-'..'..' .: .' _1 , ~ ~1 ~ CONCRETE FOOTING [~ ELEVATION. ~" _SC^LE: ~/~"--~-- RE~ £~.NCE SHEET ADDENDUI~t HUNTINGTON RIDGE PLANNED DEVELOPMENT ~ A~IJII~I~£ O01:IPOI~IATION 12700 P^ItK OENTFIAL DRIVE 15 lrl-I FLO01~ PROJECT NO. DATE: TEl_ (g?~) 788-1505 T H E C I T Y 0 F COPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1188, Pan Acean Noodle Shop & Grill, zoning change from C (Commercial) to C-SUP-1188 (Commercial, Special Use Permit-Il88), to allow the operation of an approximately 2,950 square-foot Chinese restaurant with private club to be located in the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On July 10, 2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. INITIALS: ~ s~'-/i FIN. REVIEW:~ Agenda Request Form - 0 CITY MANAGER REVIEW ':~I ~Sl1880 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "C-S.U.P.-l188" (COMMERCIAL-SPECIAL USE PERMIT -1188) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT WITH PRIVATE CLUB, LOCATED IN THE COPPELL CROSSING IV SHOPPING CENTER, 777 S. MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ELEVATIONS, FLOOR PLAN, AND PROPOSED SIGN, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. S-1188 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C-S.U.P." (Commercial - Special Use Permit-1188) to grant a special use permit for the operation of a restaurant with private club to be located in the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 42348 SECTION 2. That the Special Use Permit for a restaurant, with private club, is hereby approved subject to the following special conditions: (A) The hours of operation shall be Sunday through Saturday from 11:00 a.m. to 12:00 p.m (midnight). (B) The external illumination adjacent to the retail facility shall remain on during the hours of operation. (C) The site shall be developed in accordance with the approved site plan, elevations, floor plan and sign plan, as provided in Section 3 herein. SECTION 3. That the Site Plan, Elevations, Floor Plan, and Proposed Sign, attached hereto as Exhibits "B", "C", "D", and "E", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 2 42348 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as mended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the stun of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: APPRO~.~~M: (REH/cdb 8/8/01) {,,/ LIBBY BALL, CITY SECRETARY 3 42348 COPPELL CROSSING ADDITION Lot 4, Block 1 777 S. MacArthur Boulevard Coppell, Texas 75019 Exhibit "A" EX~TBIT I"C"w Pan Acean Noodle Shop & Grill sea,rig capacityl 1!4 -~0 EX~PIBIT F COPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1187, Tasty_ Donuts, zoning change from C (Commercial) to C-SUP-1187 (Commercial, Special Use Permit-il87), to allow the operation of an approximately 1,050 square-foot donut shop to be located in Suite 409 of the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On July 10,2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. FIN. REVIEW'~ CITY MANAGER REVIEW: ~S 11870 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "C-S.U.P.-l187" (COMMERCIAL-SPECIAL USE PERMIT - 1187) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT LOCATED IN SUITE 409 OF THE COPPELL CROSSING IV SHOPPING CENTER, 777 S. MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ELEVATIONS, FLOOR PLAN, AND PROPOSED SIGN, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the goveming body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1187 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C-S.U.P." (Commercial - Special Use Permit-1187) to grant a special use permit for the operation of a restaurant to be located in Suite 409 of the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 42346 SECTION 2. That the Special Use Permit for a donut shop is hereby approved subject to the following special conditions: (A) The hours of operation shall be Monday through Friday fi:om 5:00 a.m. to 12:00 p.m., Saturday from 5:00 a.m. to 1:00 p.m., and Sunday fi:om 6:00 a.m. to 1:00 p.m. (B) The site shall be developed in accordance with the approved site plan, elevations, floor SECTION 3. That the Site Plan, Elevations, Floor Plan, and Proposed Sign, attached hereto as Exhibits "B", "C", "D", and "E", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 42346 SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately tkom and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ., 2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: ROBERT E. ~,~, CITY ATTORNEY (REH/cdb 8/2/01 ~' LIBBY BALL, CITY SECRETARY 3 42346 COPPELL CROSSING ADDITION Lot 4, Block 1 777 S. MacArthur Boulevard Coppell, Texas 75019 Exhibit "A" '1 ~ ,,,,,..,,,, ~, !l~-,!ii !!! ,t~ ~t.!i, '~i~ · ji~ iii JtJJ Ilm,l !J ilil JJ Jl,lJlJll [JJJ Ii[ [ i[ii!l[J ~i,,, l ~: I I I I It i ii i.,' !fill: · ii iilll;. o I I~1~i~ ,,,i,t Ijll EXHIBIT "I)" F' C-OPP-EEL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # _~_~t__ ITEM CAPTION: Consider approval of a proposal to maintain a tax rate of .6486 for the 2001 tax year and to set the Public Hearing on the proposed tax rate for the next regularly scheduled Council Meeting on August 28, 2001 at 7:30 p.m. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice-and-hearing limit, the taxing unit's governing body must take a record vote on the desired rate. Even though the City of Coppell is maintaining the tax rate of .6486, this rate does exceed the notice- and-hearing limit established in the effective/rollback calculation. The "Notice of Public Hearing" to be published in the newspaper will include how each member of the City Council voted on the proposal to consider the tax revenue increase. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS:~ DIR. INITIALS: & Agenda Request Form - Revised 5/00 FIN. REVIEW~ +X-BID $ CITY MANAGER REVIEW: Document Name: Staxaate.doc Date: uly 26, 200 To: From: Subject: Jennifer Armstrong, Director of Finance Stephanie Tumlison, Revenue Collection Manager Vote to Propose a Tax Increase Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice-and-hearing limit, the taxing unit's governing body must take a record vote on the desired rate. Even though the City of Coppell is maintaining the tax rate of .6486, this rate does exceed the notice-and hearing limit established in the effective/rollback calculation. The "Notice of Public Hearing" to be published in the newspaper will include how each member of the City Council voted on the proposal to consider the tax revenue increase. If you have any questions or desire additional information, please do not hesitate to call upon me. AGENDA REQUEST FORM ~~~~CITY COUNCIL MEETING: August 14, 2001 ITEM# ]~ ITEM CAPTION: Consider approval of the certification of the 2001 anticipated collection rate for the period of July 1, 2001 through June 30, 2002 and the amount of excess debt collections during the period of July 1, 2000 and June 30, 2001. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: Pursuant to Section 26.04 of the Texas Property Tax Code, the Tax Assessor/Collector has certified the anticipated collection rate for the period of July 1, 2001 through June 30, 2002 to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective rollback tax rate to account for anticipated delinquencies. The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of debt tax dollars actually collected during the period from July 1, 2000 through June 30, 2001, with the amount of debt tax dollars that should have been collected according to the 2000 anticipated collection rate. If a taxing unit collects more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing body. The adjusted amount of debt tax dollars levied in 2000 was $6,612,961.00, however, the actual debt collections during the same period was $6,739,801.83. Therefore, the Tax Assessor/Collector has certified that the $126,840.83 is the full, true and correct amount of excess debt collections. BUDGET AMT. $ FINANCIAL COMMENTS: AMT EST $ DIR. INITIALS.d~'' Agenda Request Form - Revised 5/00 +N-BID CITY MANAGER REViEW:~ Document Name: Staxcoll.doc Date: To: From: Subject: July 6, 2001 Jennifer Armstrong, Director of Finance Stephanie Tumlison, Tax Assessor/Collect(~ Anticipated Collection Rate for 2001 & Excess Debt Collections in 2000 Pursuant to Section 26.04 of the Texas Property Tax Code, I have certified the anticipated collection rate for the period of July 1, 2001 through June 30, 2002 to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective/rollback tax rate to account for anticipated delinquencies. The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of debt tax dollars actually collected during the period from July 1, 2000 through June 30, 2001, with the amount of debt tax dollars that should have been collected according to the 2000 anticipated collection rate. If a taxing unit collects more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing body. The adjusted amount of debt tax dollars levied in 2000 was $6,612,961.00, however, the actual debt collections during the same period was $6,739,801.83. Therefore, I have certified that $126,840.83 is the full, true and correct amount of excess debt collections. The above stated anticipated collection rate and the amount of excess debt collections will be used in the calculation of the effective/rollback tax rate for 2001. Attached is the certification of these two items to be approved by the City Council. CERTIFICATE OF THE TAX ASSESSOR/COLLECTOR STATE OF TEXAS X COUNTY OF DALLAS X CITY OF COPPELL X I, Stephanie Tumlison, the undersigned, Tax Assessor/Collector of the City of Coppell, Texas, a municipal corporation, in the performance of the functions of my office, hereby certifies that 99% is my estimate of the anticipated collection rate for the period of July 1, 2001 through June 30, 2002, and, that $126,840.83 is the full, tree and correct amount of excess debt taxes collected for the period of July 1, 2000 through June 30, 2001, in accordance with Section 26.04 of the Texas Property Tax Code. WITNESS MY HAND AND THE OFFICIAL SEAL of the City of Coppell, Texas, on this the _~ day of ~_L~ ,2001. (seal) SteplSanie Tumlison Tax Assessor/Collector City of Coppell T H E C I T Y O F' C-OPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ~_~ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1189, Donut City, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of an approximately 973 square-foot donut shop to be located along the west side of Denton Tap Road, north of Town Center Drive. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: July 19, 2001 Decision of P&Z Commission: Approved (4-0) with Commissioners McGahey, Kittrell, McCaffrey, and Halsey voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The hours of operation being limited to 5 a.m. to 5 p.m. seven days per week. 2) The development of this property shall be in accordance with the site plan, elevations, floor plan and sign plans. 3) Retribution for the loss of an 8-caliper inch Cedar tree which was destroyed, by planting a 4-caliper inch Austrian Pine and paying a monetary fine of $400 to compensate for the remaining 4-caliper inch loss ($100 per caliper inch). Please see attached letter from Mark Wainscott dated August 1, 2001. Staff recommends approval. DIR. INITIALS: . FIN. REVIEW: Agenda Request Form 00 CITY MANAGER REVIEW: @Sl189 '7-199E~ ZI.: z:I.2AM 214 44? 9110 FROM WAINSCOTT. ASSOC INC. 21zl /lz17 91113 VIA FAX: (972) 304-3673 August i. 2001 Architectural Services Ms, Marcie Diamond Assistant Director o f" Planmrtg And Community Services The City of Copp¢ll 255 Parkway Coppell, 'Texas 750t9 RE: Case No. S-1189, Dormt City Dear Marcie: In reference to your letter dated July '2()th, tlne owlxer has a'tLttl'lO['[ZOC[ lilt tO respond to thc issue concerning thc tmauthorizcd removal of a tree at tl~¢ Donut City site. It is the owner's intention to comply with the City Planning Department's request with reference to the tree loss. He would like to comply by planting a 4" Austrian I>in¢, il-' available, (Leytaad Cypress as equivalent substffut¢) and paying the required $t00 per inch for the remaining 4" of tree loss. Sincereb~, . 4815 Keller Spnngs Road ~ Addison. Texas 75001 ~ archit~c'c@wainsco~.net Office: [9721 447~9119 · F,x: [97[~] 447-91 I0 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1189, Donut City P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: July 19, 2001 August 14, 2001 Marcie Diamond, Assistant Planning Director Along the west side of Denton Tap Road, north of Town Center Drive. Approximately 973 square feet. CURRENT ZONING: C (Commercial) REQUEST: C-S.U.P (Commercial, Special Use Permit-Il89) to permit a Donut Shop APPLICANT: Mark Wainscott Wainscott and Assoc., Architects 4815 Keller Springs Addison, Texas 75001 (972) 447-9119 Fax: (972) 447-9110 HISTORY: In December of 2000 the City Council approved the site plan and minor plat for a 3,996 square foot building on a 0.842 acre tract of land. TRANSPORTATION: Demon Tap Road is a P6D, six lane divided thoroughfare within 100 foot right-of-way. SURROUNDING LAND USE & ZONING: North- Huntington Ridge Homeowners Association's common area; SF9- PD129R South- Sonic Restaurant; C-SUP 1077 East - Eleanor's Square Shopping Center; TC Item # 4 West - Huntington Ridge Subdivision; SF9-PD129R COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: In December of last year the City Council approved a site plan for a 3,996 square foot retail building to house a dry cleaners with a drive-through on the southern 2/3rds of the building and a donut shop, without a drive through, on the north end. The current request is to obtain an SUP for this 973 square foot Donut City use. This shop will be limited to take out only, there will be no seating available. The hours of operation will be 5 a.m. to 5 p.m., seven days a week. The signage is proposed to meet the maximum allowed for attached signage, which is one square foot of sign for each linear foot of frontage, allowing for 24'9" square feet of sign area. The plans indicate that the signs will be back lit, individual channel letters with medium Helvetica font, with ivory or off-white letters with a bronze raceway. This development will be served by 25 parking spaces, at a ratio of one space per 200 square feet for the retail (cleaners) and one space per 100 square feet for the restaurant (donut shop). When City Council approved the original site plan, it was subject to the handicapped spaces being relocated closer to the building. This site plan reflects this change. Access to this site will be via a shared driveway with Sonic. Directional signage will be provided to assure proper circulation on this site. Given that these proposed uses are mainly A.M. peak uses, and southbound Denton Tap Road is most congested during this time, a deceleration lane is being provided to serve this site. When the site plan for this property was considered at City Council there was discussion relative to the preservation of an 25-30 year old cedar elm tree. At that time, the applicant stated this tree was not on their property, and therefore would not be disturbed due to this construction. Unfortunately, through the construction activities on this site this tree was removed. Therefore, some retribution for this tree is recommended to be required. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of SUP-1189 subject to: 1. The hours of operation being limited to 5 a.m. to 5 p.m. seven days per week. 2. The development of this property shall be in accordance with the site plan, elevations, floor plan and sign plans. 3. Retribution plan to compensate for the loss of the cedar elm tree. Item # 4 ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Floor Plan 3) Elevations Item # 4 Z Z Z Z : Z NI-3,AI~G 31NOS J.¥ -I'l¥~ 9NLL$1X3 H3J. Vtl 01 N91S3O ~ 'l¥1~JiL¥1~ - TI¥~ A~JNOSYYJ HOIH ¥3~l¥ 3dYDS(3N¥3 OKi'3 3dV3SONYq ¥3~¥ 3dYJS(]N¥] 3 .1~,9i..98 N ..{, w --'i I 'T H E (: I T Y O F C:OlZb ] i AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ~ ITEM CAPTION: Consider approval of the Town Center Addition, Lot 3, Block 3, Site Plan (First American Bank), to allow the development of an approximately 4,995 square-foot bank building on 1.13 acres of property located along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: July 19, 2001 Decision of P&Z Commission: Approved (4-0) with Commissioners McGahey, Kittrell, McCaffrey, and Halsey voting in favor. None opposed. Approval is recommended, subject to the following conditions: ~.e x ~ ....... ~ e~ ..... ~ ...... (CONDITION ~T) non ......... ,,~,4,,~o C~'TC~' 'mo/_ (CONDITION MET) (CONDITION MET) prcvisicns cf *~ ~/^~.;-. r~..~; ..... (CONDITION MET) Staff recommended this case be held under advisement till the above-mentioned conditions were met. DIR. INITIALS: 9~ ~~0 FIN. REVIEW.~V Agenda Request Form - Revised 5 CITY MANAGER REVIEW: @TC33sp CASE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT First American Bank, Town Center Addition, Lot 3, Block 3, Site Plan P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: July 19, 2001 August 14, 2001 Marcie Diamond, Assistant Planning Director Along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard. Approximately 1.13 acres of property. CURRENT ZONING: TC (Town Center) REQUEST: Site Plan approval for a 4,995 square foot bank building. APPLICANT: HISTORY: Brace F. Dunne Welch Engineering 4109 Cagle Drive, Suite "D" North Richland Hills, Texas 76180 817-589-2900 FAX: 817-589-0990 First American Bank 8401 N. Central Suite 500 Dallas, Texas 75225 972419-3509 FAX: 972419-3334 There has been no platting activity on this parcel. This property, as well as surrounding properties, was zoned TC - Town Center in the mid 1980's. To the north is Princeton Park, a two building office complex which was approved in 1997 and developed in accordance with the requirements of the Landscape Ordinance. In 1998, a site plan was approved for Eleanor's Square, the shopping center which abuts to the south. A combination of the landscaping provided on-site and within the medians of Town Cemer Boulevard and Town Center Drive fulfilled the landscape requirements. Most recently approved within the Town Center area (April 2000), however yet to be developed, is the approximately two-acre site between Comerica Bank and the Tom Thumb Shopping Center. Item # 7 Once again, the site and landscape plans were in accordance with the provisions of the Landscape Ordinance. TRANSPORTATION: Denton Tap Road is a P6D, six lane divided thoroughfare within a 100 foot right-of-way. Town Center Boulevard has 28 foot wide pavement within a variable right-of-way. Adjacent to the subject property there is 37 feet of right-of-way. SURROUNDING LAND USE & ZONING: North- South East - West - Princeton Park Offices - "TC" -Town Center vacant land and Eleanor's Square Shopping Center - "TC"- Town Center Coppell Justice Center - "TC"- Town Center Huntington Ridge Subdivision; SF9-PD129R COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: This request is to allow the development of a 4,995 square foot bank building, with drive through facilities, under an approximately 1,500 square foot canopy. The front of the building will face Denton Tap Road, and the five drive-through lanes/windows will be located to the rear of the building, along Town Center Boulevard. An additional single drive-through window is planned for the south side of the building. Per regulations of the Zoning Ordinance 17 parking spaces are required to serve this use, and 21 parking spaces are planned. This site will have access from Denton Tap Road via a driveway dose to the northern property line and the proposed mutual access with the proposed retail building to the south. Along Town Center Boulevard there will be one driveway and additional access will be provided through the proposed retail. Staff has several concerns with this site plan as presented. First, there is a deficit in the required landscaping, in addition, signage, lighting and building materials are not in compliance with the Zoning Ordinance. Landscape Plan While it appears that an attempt has been made to address the requirements of the landscape ordinance, this is significantly deficient in all three levels of landscaping. First, perimeter landscaping is required adjacent to all property lines. Per Section 12-34-8(C)2.c of the Landscape Ordinance, where a mutual access driveway is planned, the required 10 feet of Item # 7 landscaping needs to be provided adjacent to the driveway. While the landscape plan indicates sufficiem landscape buffers along the north, east and west property lines, only a portion of the required buffer is indicated along the southern property line. Ten feet of landscaping is being provided adjacent to the queuing for the drive-through lanes, and adjacent to Town Center Boulevard. However, only 3 feet of landscaping is shown adjacent to the building and the single drive-through lane. Also, perpendicular to Denton Tap Road, the buffer is not provided. The deficiency in these two areas could be remedied. First, by increasing the island adjacent to the single drive-through lane on the south side of the building from 3 to 10 feet, which may result in the reduction of the building size or the elimination of this single drive though lane. Second, one of the landscape islands proposed adjacent to Denton Tap could be relocated to the southern property line. This would serve not only to provide for the required buffer, but would also eliminate the parking space which currently straddles the property line. In terms of parking lot landscaping, the correct number of islands is provided, however trees are needed at the ends of the islands at the southwest corner of the building and at the west end of the 6 car parking lot adjacent to the drive-though lanes. The non-vehicular landscaping is significantly less than required. Per Section 12-34-9 of the Zoning Ordinance, 6,612 square feet of non- vehicular landscaping is required, 3,306 square feet is required to be provided in the front yard. Even though the table on the Landscape Plan indicates that this is being provided, staff calculations indicate that closer to 3,412 square feet is shown on the plan, and approximately 700 square feet of it is in the front yard. This deficit could be remedied by the reduction in parking, building size and/or elimination of the single drive through lane. Finally, the Landscape Plan indicates Live Oaks along the frontage of Denton Tap Road, planted approximately 30 feet on center. Per the Streetscape Ordinance, the trees along Denton Tap Road are recommended to be Cedar Elms. Elevations The elevations indicate that the building will be a combination of face brick, cast stone, stone wainscoat and EFIS with a dark grey cement fiber shingle roof. While the elevations appear to be in keeping with the recommendations of the C.I.V.I.C. report in terms of colors and materials, there are some Zoning Ordinance violations in terms of percentage of materials and signage. In the table detailing the percentage of materials Item # 7 proposed, EFIS is stated as being planned for 22.47 percent of the building. Per Section 12-24-8 in the Town Center District regulations, non-masonry materials (including EFIS) are limited to 20 %. Signage The attached signage proposed for this building is a 5 foot diameter, fluorescent back-lit aluminum and acrylic can sign, with the First American Bank's red, white and blue logo. While can signs are expressly prohibited as monument signs in the Sign Ordinance, they are not prohibited for attached signs. However, per recommendations of the C.I.V.I.C. report, attached signs should consist of individually mounted letters and be black, white or neutral colors. The monument sign is requested to be 52.6 square feet and a height of 5'7". Per Section 12-29-4.(B)ii, signs for lots less than two acres in size are permitted to be a maximum height of 4 feet and a maximum size of 40 square feet. The area calculation for monument signs includes the structure as well as the sign face (refer to Exhibit 16 in the appendix of the Zoning Ordinance). The faces of this sign are proposed to be internally lit, white acrylic. As stated above, the Zoning Ordinance expressly prohibits back lit (internally Ii0 plastic signs for monument signs. Individually mounted letters and/or etched are recommended for monument signs. The lighting plan indicates four lighting fixtures on this site. A note on the lighting plan states that the "30 foot poles will be mounted on concrete pedestals 3 feet above grade for a total mounting height of 33 feet." Section 12-36-2.3. of the Zoning Ordinance specifically states that the height of the mounting of the luminaries shall be "measured vertically from the horizontal surface of the nearest parking pavement" with a maximum height of 30 feet. Therefore, the additional 3 feet in height would not be permitted. It was stated that these fixtures will match the proposed retail center to the south. Additional information is needed as to the type and color of the proposed lighting fixtures. Finally, given that this proposed development is in the Town Center area, an approval letter from the Town Center Architectural Control committee endorsing its design is required. While staff is in support of this use at this location, there are too many technical issues that need to be addressed prior to forwarding this request to the City Council. Therefore, staff is recommending that this request be held under advisement until such time that these issues are resolved. Item # 7 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending this request be HELD UNDER ADVISEMENT until the following issues are addressed: 2. 3. 4. 5. Revise site plan and landscape plan to be in accordance with all the provisions of the Landscape and Streetscape Ordinances. Revise the materials proposed for the building elevations so that the maximum non-masonry materials (EFIS) is 20 %. Reduce the height of the light poles to be in accordance with Section 12- 36-2.3. of the Ordinance. Revise both the attached and detached signs to be in accordance with the Sign provisions of the Zoning Ordinance. Receipt of a letter from the Town Center Architectural Control Committee expressing their approval of this site plan. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Elevations Item # 7 T H E C I T Y 0 F' COP E E AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # ITEM CAPTION: Consider approval of awarding bid Q-0501-01 for the Justice Center Renovation project to K.C. Construction Services, Inc. in the amount of $252,093.00, as funded through CIP; and authorize the City Manager to sign. SUBMITTED BY: Sheri Moino k)~l~ TITLE: Facilities Manager STAFF COMMENTS: Bid No. Q-0501-01 for renovations to the Justice Center facility opened on June 27, 2001. Six bids were received (see attached bid tabulation). The expansion and renovation of the Municipal Courts area is being recommended due to space limitations for current operations. Attached is a general detail of the renovation along with a rendering. PSA Architects is providing contract administration and construction management services for this project, and has provided its letter of recommendation to award the bid to K.C. Construction Services, Inc. along with their reference check results (attached). Therefore, staff recommends award of bid Q-0501-01 in the amount of $252,093.00 to K.C. Construction Services, Inc. Estimated construction time is 95 days from Notice To Proceed. BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ +\-BID $ Funds are available in the Police Facility CIP accduhts for this contract. DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW:~2~' CITY MANAGER REVIEW: Document Name: #court i t General Scope: The existing 443 square foot covered patio area will be removed and replaced with a 773 square foot enclosed building. This expansion area will house the Judges Chambers, and offices for the Court Director and Administrative Secretary. Also planned is a new covered patio to be located to the south of the expansion area, which is proposed to contain 743 square feet. The Municipal Court Clerk area will be enlarged and records storage room added. A new concrete sidewalk will be constructed from the patio area to the northern portion of the building. The building materials on this expansion will match the existing building, including "Doeskin" color brick along the top of the building, and "Twilight Pink" along the remainder of the building. The steel will be painted "Hemlock Green", again to match the existing color sCheme. 08/02/01 16:20 FAX ~002 August 2, 2001 PS, PHILLIPS SWAGEP. ASSOCIATE,c, Sheri Moino C:ity of Coppell 255 Parkway Blvd. Coppell, TX 7501 9 architects enginser~ plonners Justice Center Renovations PSA Project No. 4206.10 Dear Sheri: On june 27, 2001, bid proposals were received for the Coppell Justice Center Renovations. Six bidders submitted proposals with KC Construction proposing the Iow bid of $2_~2,093 and Owen Commercial Construction submitting the second Iow bid o1' $261,898. The bid tabulation is attached. Phillips Swager Associates has solicited references from several Owners and Architects involved in projecEs for which KC Construction was the Contractor. The comments from these projecl:s were generally favorable including "The City of Piano would like to work with KC Construction Services on future projects" from Paul Glenn, Senior Facilities Construction Coordinator, regarding a $525,000 Fire Station Renovation and "1 would not hesitate to hire KC Construction for similar work they have performed for us in the past" from Jim Cooper, Director of the Ellis County Department of Development regarding a $900,000 office and courtroom conversion and a $43,500 ADA renovation. A comment was made that coordination of subcontractors was a problem on one project, but several respondents commenred that KC has worked hard to resolve problems when they have come up. The comments and letters that we have received are included for your review. Based on these favorable recommendations, PSA would recommend that the City enter into a contract with KC Construction for this work. You will note that KCs bid proposal stated that the work could be completed in 95 days. Sincerely, sen ior Associate AttachmenLs pc: Jim Ragsdill X:\420610\I_T-$M-Q'1-0802-contrrecomm.doc peoria, illinois * dallas, texas chicago, illinois · washington, dc 7557 rambler rood suit~ 670 dallas, tx 75231-2302 469.232.5200 phone 469.232.52-01 fox www.psa-ae.corn 08/02/01 16:20 FAX ~003 PSA Phillips Swager Associates R~FERENCE C~-r~,CK FOR KC CONSTRUCTION ~ INC COPPELL JUSTICE CENTER ADDITIONS Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Collin County Dennis Jones 972-547-5340 Owner Collin County Jury Room Contractor was very responsive. Paperwork was submitted in a timely manner. Project was not completed on time due to project conditions. Would recommend them as a Contractor to use. City of Decatur Brett Shannon 940-627-2741 Owner Decatur Owner has done several projects with the Contractor. The contractor is easy to work with. However, contractor has had problems with coordinating some of the subcontractors. Contractor has been able to resolve all the problems. Submittals were done professionally. GRW Willis Brian Glass 817-543-1100 Architectural Decatur Municipal Airport Contractor was responsive and easy to work with_ Submittals were organized and project was completed on time. Would recommend them as a Contractor to use. HCC Jill Alford 972-447-2047 Owner HCC 9th Floor "KC Construction is the best construction company I've worked with". Conlractor was responsive during construction and after project was completed. Project was completed on time_ Would absolutely recommend them as a Contractor to use. 08/02/01 16:20 FAX ~004 Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: DLB Designs Debra Bridge 21~$41-0033 A.rchitecmral HCC 9u~ Floor Contractor did a very good job. Paperwork was submitted timely. This was a renovation project and contractor had to work around client and this was done successfully. Would definitely use them again. City of Irving Nella McCain 972-721-2676 Owner City of Irving Council Chambers Contractor generally did a good job. At the end of the project there was a problem, which was eventually resolved. They have done other projects for the City of Irving that have ended successfully. Larson Dye Associates Phillip Dye 972-251-1330 Architectural City of Ixving Council Chambers Contractor was pretty responsive, however fl~ere were problems with the project. Subcontractors were not coordinated- Some work had to be re-done. City of Dallas M.T. Chert 214-948-4553 Owner City Building ADA Renovations There were problems with the project and conU-actors changed Project managers several times. However, contractor was pretty responsive and cooperative. Vidaud and Associates 972-934-8890 Cliff Macon Architectural City Building ADA Renovations Project was not completed on time. Some of the contract items we-re not completed. Would work with contractor again because conlxaetor made an effort to resolve problems_ 08/02/01 16:20 F.~ ~005 10. 11. 12. Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Company Name: Contact Name: Phone Number: Reference Type: Project: Comments: Crescent Properties Kelly Burchette 972-250-6253 Owner Crescent Properties Have done several projects with contractor. There have been no problems. Contractor is responsive and completes projects on time. Wiginton, Hook~, Jeffxey Doug Edney 214-349-5558 Architectural Plano Fire Station Contractor did a pretty good job. Project was completed on time and within budget. Punchlist was completed in a timely manner and subcontractors were well coordinated. Would gladly work with them again. PBK Jerrell Sutton 972-753-1385 Architectural Las Colinas Elementary School Contractor did an adequate job. Project wa~ completed in time and on budget. Would use them again. Bid No. Q-0501-01 Justice center Expansio.~n~ BID AFFIDAVIT Thc undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and f'mal. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation To Bid. The period of acceptance of this bid will be t~ O calendar days fi.om the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF '"'ff~ff.2APs'~ COUNTY OF ~'1~)~ BEFORE ME, the undersigned authority, a Notary Public in and for the State of '"]~e~ ~--zL& , on this day personally appeared '~t ~ O ~ who after being by me duly sworn, did depose and say: "I, ~'~aCl ID ~$~OCt~" am a duly authorized ~agent for ~ tO-l~ ~rUP.~tgfh ~tt.~b , } klC. and have been duly authorized to execute the foregoing on behalf of the said I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and address of Bidder: }~/l_, ~'CI~t-/3Z~BY~ ~;~LV~,i ic~c-~_: !MP~.: lO{sOrt ~ "~glX.~; Telephone: (f..lq) &SD-"t~ _t.q. by:~~ax6pb~ Title: ~g~_ Id e-a~ Signature: SUBSCRIBED AND SWORN to before me by the above named on this the ~e'p4~ day of 2001. Notary Public in and for the State of "'l'~y~ II'".,.,:~;?~.~?, MELINDA G AsHcRAF~ of Tox,,, !1 ~- .,:... ~L .'_',. ~ My Commission Expires ~] SEPTEMBER 02, 2002 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 Page 12 DOCUMENT 00300 - PROPOSAL FORMS COPPELL JUSTICE CENTER EXPANSION 4206.10 To: Date: ..JlAfl/, ~"'/I ~00 I We hereby submit our Proposal(s) for construction and completion of all work for Justice Center Expansion for the City of Coppell, Texas. 1. Stipulated Sum: Having examined all drawings and specifications for the Construction and Completion of all work for Justice Center Expansion including Addenda numbered [ through '~- , the Undersigned proposes to furnish all labor and materials called for by said documenm for the work indicated in the following Base Bid, for 'All Work", all as set forth in the Bidding Documents, for the following sums: s~.~e._[lj~ All Work for the construction of Criminal Justice Center as set forth in the Bidding Documents, for the stipulated sum of: Completion of Work: If the Undersigned receives written notification of acceptance of this Proposal within 30 days after above d~te, he agrees to execute a contract for the above work for above compensation and to guarantee completion of the work withinq~..,,, calendar days after Notice to Proceed. Bonds: The Undersigned agrees, if awarded the contract, to furnish and deliver to the Owner;. a Surety performance Bond and a Labor and Materials Payment Bond, each in amount equal to One'Hundred Percent (100%) of the contract amount. The premium~ shall be paid by the Contractor. The surety company writing the bonds shall be subject to the approval of the Owner, and if the Owner does not approve the surety company, for good and sufficient reason, then the Contractor shall furnish bonds with another surety company acceptable to the Owner. This proposal consists of 2 pages. NAME OF BIDDER: PROPOSAL FORMS 00300 - 1 CAPITOL INDEMNITY CORPORATION (a Stock Company, organized under the laws of Wisconsin) BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, K C CONSTRUCTION SERVICES, INC., 10606 SHADY TRAIL, SUITE #103, DALLAS, TEXAS 75220 (hereinafter called the "Principal"), as Principal, and the Capitol Indemnity Corporation of Madison, Wisconsin a corporation duly organized under the laws of the State of Wisconsin (hereinafter called the "Surety"), as Surety, are held and firmly bound unto CITY OF COPPELL, TEXAS, 255 PARKWAY BLVD., COPPELL, TEXAS 75019 (hereinafter called the "Obligee"), in the sum of FIVE PERCENT OF GREATEST AMOUNT BID Dollars (5% G.A.B.), for the payment of which sum well and truly to be made, the Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for JUSTICE CENTER EXPANSION, COPPELL, TEXAS. BID NUMBER: Q-0501-01; NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified m the bidding or Contract documents with the good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27TM day of June 2001 A.D. (SEAL) K C Construction Services, Inc. By: ~ David Kasper, President (SEAL) (Principal) (Title) W tn ss6: _ CAPITOL INDEMNITY CORPORATION A Wisconsi~/~C,o orpom~ (Sur~/et~Y/) Gary L.~lohnson, yresident I DEMblITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 · FAX (608) 231-2029 POWER OF ATTORNEY No: 5 7 2 ,.O_ 9 9 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint ........................................... GARY L. JOHNSON, CONSUELO BRIONES ................................. .................................. JEFF GOEN, ROBERT DREILING OR SUSAN L. SALAZAR ....................... its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ................................................. NOT TO EXCEED $4,000,000.00 ............................................. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1999. CAPITOL INDEMNITY CORPORATION Attest: STATE OF WISCONSIN COUNTY OF DANE ~rgdme M Schulte Secretary . CON On the 1st day of June, A.D,, 1999, before me personally.came George A Fait, to me known, who being by me duly' sworn, did depose and'say: that'ii~e resides in the County of Dane, State of Wisconsin; that he 'is the President CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the sea of the sa d corporation; that the seal affixed to Said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTY OF .DANE ~ · ,~ Jane F. Endres ~ \ ENDRES./ ~ Notary Public, Dane Co., WI ~.~~.~'~ My Commission Expires March 23, 2003 CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison. Dated This power is valid only if the power of attorney number printed in the upper right hand corner apears in red. Photocopies, carbon copies or other reproductions arc. not hindinn nn thp c~nmnanw Inn~lirlac: r',nnc-arninn I'hi~ na,^~ar ¢,'~ ~'*,~a,~ ~,, k,~ ,.~;.^~t~,--I ~-~ *~,~ D~.,~ ~,~ ....... ~' *~ T H E C: I T Y 0 F C-OPP- L£ AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITEM # _~ ITEM CAPTION: Update on the Daily Water Conservation Plan. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Dix. of Engineering/Public Works STAFF COMMENTS: We are now halfway through summer and our revised plan has worked better than anticipated. At the Council meeting staff will provide information on this years water usage and provide information on how this years usage compares with last years usage. Staff will be available to answer any questions at the Council meeting. BUDGET AMT $ ,,~,,,~ AMT EST $ FINANCIAL COMMENTS: ~a\"x DIR. INITIALS: ky Agenda Request Form - Revised 5/00 FIN. REVIEW: +X-BID $ CITY MANAGER REVIEW: Document Name: #eng4 CITY COUNCIL MEETING: August 14, 2001 CITY MANAGER'S REPORT A. Performance measurements. ITEM # ..__/_~__ CITY MANAGER'S REVIEW: T H Ir . C I T Y . 0 F C-OPPEiJ£ AGENDA REQUEST FORM ~ ,7 ~8'~'~ ~, ' CITY COUNCrL MEETING: July 10, 2001 ITEM # MAYOR AND COUNCIL REPORTS Ao B. C. D. E. F. Report by Mayor Sheehan regarding Coppell Night Out. Report by Mayor Sheehan regarding DFW/DART Public Hearing. Report by Mayor Sheehan regarding NTC/DFW Airport/Cities Luncheon. Report by Mayor Sheehan regarding New Teacher Breakfast. Report by Mayor Sheehan regarding Remax DFW Associates Meeting. Report by Mayor Sheehan regarding Denton County Mayors' Meeting. CITY MANAGER'S REVIEW: C-OPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 14, 2001 ITeM # ~ EXECUTIVE SESSION Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Papasolas Development Company v. City of Coppell. SUBMITTED BY: Jim Witt TITLE: City Manager INITIALS