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CP 2001-09-11NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 11, 2001 CANDY SHEEHAN, Mayor BILL YORK, Mayor Pro Tem GREG GARCIA, JAYNE PETERS, DIANA RAINES, Place 1 Place 2 Place 3 MARSHA TUNNELL, DOUG STOVER, DAVE HERRING, JIM WITT, City Manager Place 7 Place 4 Place 5 Place 6 MEETING TIME AND PLACE: Call to Order Executive Session Work Session Regular Session 6:00 p.m. Immediately Following Immediately Following 7:30 p.m. Council Chambers Ist FI. Conf. Room Ist FI. Conf. Room Council Chambers (Open to the Public) (Closed to the Public) (Open to the Public) (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, September 11, 2001, at 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag091101 Page i of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City ~ o.~P.~ Attorney. 1. Papagolas Development Company v. City of Coppell. 2. Fischer v. Drees, et al. WORK SESSION (Open to the Public) Convene Work Session A. Discussion regarding appointments to Boards and Commissions. B. Discussion regarding interview and appointment process for Coppell Education Development Corporation. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. Consider approval of a proclamation naming September 17 through 23, 2001 as Constitution Week, and authorizing the Mayor to sign. Report by Telecommunications Board. Citizen's Appearances. CONSENT AGENDA Consider approval of the following consent agenda items: A. Consider approval of minutes: August 28, 2001. Consider approval of awarding Bid #Q.0701-02 for the purchase of water meters in the following manner: Hersey Meters - series #0100- 5/8" x 3/4" and 1", series #0300- 3" and 6", series #0400- 4", 6" and 8"; Master Meters - series #0100- 5/8" x 3/4" multi.jet and 1" multi.jet, series #0300. 4" and 8", series #0600. 3" without connections; ACT Pipe & Supply - series #600- 4", 6" 8" and 10" in an amount not to exceed $174,815.26; as budgeted. ag091101 Page 2 of 6 ITEM # ITEM DESCRIPTION Consider approval of an ordinance setting the maximum permitted basic tier rates charged by AT&T Broadband, and authorizing the Mayor to sign. Consider approval of an ordinance setting the maximum permitted service trip rate charged by AT&T Broadband, and authorizing the Mayor to sign. Land Use and Development Consider approval of an Ordinance for Case No. S-1189, Donut City, zoning change from C (Commercial) to C-S.U.R (Commercial, Special Use Permit-Il89), 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, and authorizing the Mayor to sign. END OF CONSENT 10. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 2001 through September 30, 2002, and authorizing the Mayor to sign. 11. Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad valorem Taxes for the year 2001 at .6486/$100 taxable valuation of which .43777 for operations and maintenance and .21083 for interest and sinking, and authorizing the Mayor to sign. 12. Consider approval of a Resolution regarding the passage of additional Homestead Property Tax relief as provided for in state law, and authorizing the Mayor to sign. 13. Presentation by Mike Vasquez concerning changes to Coppell Code of ~)"~1 e,~ Ordinances to allow vinyl fencing in the City. 14. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by CP.Coppell Industrial, Ltd., described as Coppell Industrial Addition, Block A, Lot I (30.33 acres) and located at the northeast corner of Royal Lane and Bethel Road, Coppell, Texas. ag091101 Page 3 of 6 ITEM # ITEM DESCRIPTION 15. 16. / 17. 18. 19. 20. 21. 22. 23. Consider approval of an Ordinance designating the CP.Coppell Industrial, Ltd. Reinvestment Zone No. 34, and authorizing the Mayor to sign. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and CP.Coppell Industrial, LTD., and authorizing the Mayor to sign. PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lot 3R, Block G, Site Plan and Replat, to allow the development of an approximately 71,000 square- foot office building on a 7.017 acre portion of a 25.93 acre tract of property located at the southwest corner of S.H. 121 (Vista Ridge Boulevard) and MacArthur Boulevard. Consider approval of the Town Center Addition, Lot 2, Block 3, Site Plan, to allow the development of an approximately 12,975 square-foot retail/office building on approximately 1.7 acres of property located along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard. Consider approval of the Town Center Addition, Lots 2 & 3, Block 3, Minor Plat, to allow the development of a retail/office center and bank on approximately 3 acres of property located along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard. PUBLIC HEARING: Consider approval of Case No. S.1190, Green Pepper Asian Grill and Noodles, zoning change request from PD-178R (Planned Development- 178R) to PD.178R.S.U.P-1190 (PD178R, Special Use Permit-il90), to allow the operation of an oriental restaurant and private club to be located in the Town Center West Retail Center at 171 N. Denton Tap Road. Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan and Minor Plat, to allow the development of an approximately 10,400 square-foot retail building on approximately 1.606 acres of property located at the southeast corner of S.H. 121 and Denton Tap Road. 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 $114,000.00, and authorizing the City Manager to sign. Consider approval of awarding Bid/Contract #Q.0601-01 for the construction of Creekview Drive and a portion of Freeport Parkway Project ag091101 Page 4 of 6 ITEM # ITEM DESCRIPTION 24. 25. No. STO0-01 to Infrastructures Services, Inc. in an amount of $1,040,811.47, as provided for in CIP funds; and authorizing the Mayor to sign. Consider request by Telecommunications Board member to waive the Board attendance policy. Consider appointments to the City's Boards, Commissions and Committees. 26. Selection of an official City of Coppell representative to TEX-21, i0 ~,~. Transportation Excellence for the 21st Century. 27. 28. 29. 30. Necessary action resulting from Work Session. City Manager's Report. A. North Texas Commission Annual Dinner. B. Methodist Church - Heartz Road Parking. Mayor A. B. C. D. E. F. and Council Reports. Report by Mayor Sheehan with Texas Waste Coppell Education regarding meeting Management. Report by Mayor Sheehan regarding update of Development Corporation. Report by Mayor Sheehan regarding Grape Stompfest. Report by Councilmember Peters regarding Coppell High School Homecoming Parade on September 27TM. Report by Councilmember Peters regarding Senior Adult Services Annual Golf Tournament on October 1-~t. Report by Councilmember Raines regarding Trinity Trails. Necessary Action Resulting from Executive Session. Adjournment. Candy Sheehan, Mayor ag091101 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, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1.800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of 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. ag091101 Page 6 of 6 EXECUTIVE SESSION Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Papagolas Development Company v. City of Coppell. 2. Fischer v. Drees, et al. SUBMITTED BY: TITLE: Jim Witt City Manager WORK SESSION A. Discussion regarding appointments to Boards and Commissions. B. Discussion regarding interview and appointment process for Coppell Education Development Corporation. Discussion of Agenda Items. Ce CITY MANAGER'S REVIEW: T H E C I T Y 0 F CO i2- .,i I7, AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # ~ ITEM CAPTION: Consider approval of a proclamation naming September 17 through 23, 2001 as Constitution Week, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT $ _ FINANCIAL COMMENTS:~k,¥ AMT EST $ DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW: +\-BID $ CITY MANAGER REVIEW: Document Name: !Proclam PROCLANIATION WHEREAS, September 17, 2001 marks the two hundred fourteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim the week of September 17 through 23, 2001 as "CONSTITUTION WEEK" and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ~ day of September 2001. ATTEST: Candy Sheehan, Mayor Libby Ball, City Secretary ~61~i~z]~i~I~, AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # ~ ITEM CAPTION: Report by TelecommunicationsBoard. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS:O~'' AMT EST $ DIR. INITIALS: FIN. REVIEW~ Agenda Request Form- Revised 5/00 +k-BID $ CITY MANAGER REVIEW: Document Name: % ixl~c~toc CITY COUNCIL MEETING: September 11, 2001 ITEM CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOVgING ARE HEREBY ADOPTED AS THE RULES, TIM'ES 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 macl~, against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Secti~ 3.12). \, CITY MANAGER'S REVIEW: \ CITY COUNCIL MEETING: September 11, 2001 ITEM # ITEM CAPTION: Consider approval of minutes: August 28, 2001. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~ AMT. EST. $ INITIALS: Age~da Request Form - Revised 5/00 +k-BID $ CITY MANAGER REVIEW: Document Name: %minut~ MINUTES OF AUGUST 28, 2001 The City Council of the City of Coppell met in Regular Called Tuesday, August :28, 2001, at 6:00 p.m. in the City Council Town Center, 255 Parkway Boulevard, Coppell, Texas. members were present: ~, on Also present were City Wilkerson and City REGULAR 1. Call tc Candy Sheehan, Mayor Bill York, Mayor Pro Greg Garcia, Jayne Peters, Diana Raines Marsha Doug Dave ~mber Secr~ the Pub~ Kathy Mayor was that a quorum WORK 2. 'to the Public) and Appointments to Tennis Center Design Options. Ordinance. Homestead Exemption for FY regarding Economic Program Evaluation. regarding Registration Providers. of Agenda Items. Development of Retail cm08282001 Page 1 of 7 Mayor Pro Tem York arrived during Work Session. REGULAR SESSION 3. Invocation. Pastor Eric Porter, the invocation. Coppell {Open to the First Assembly of God, in 4. Pledge of Allegiance. Mayor Sheehan led those present in Mayor Sheehan welcomed members attendance. 5. Report by This item date. in There consent agenda items: August 14, 2001. of an ordinance amending Article of Ordinance of the City of Coppell the authority to the City Manager to or execute contracts without competitive bidding in accordance with state law; and authorizing the Mayor to sign. approval of a Resolution amending the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, cm08282001 Page 2 of 7 Chapter 2255, Texas Government authorizing the Mayor to sign. Code, and Do Consider approval of an ordinance Ordinance No. 95708 to modify the Park and Recreation Board members fiscal year 2001 for a term of,~ authorizing the Mayor to sign. in E® Consider approval of an Chapter 13 of the Subdivision C, Section VII, "The ~rk conform the Park, Recreation authorizing the with ;nds to 1995 t; and Action: Councilmember A, B carrying 2001-0828.1, -956, and Peters Pro Tem Items No. the , Stover and a sign. amendments by voters of the City on August 11, 2001; Issues a presentation to Council. discussion regarding when these changes would take cm08282001 Page 3 of 7 Action: Councilmember Tunnell moved to approve 2001-958 adopting amendments to the Home Rule approved by voters of the City of Coppell at a Special on August 11,2001; and authorizing the Mayor to Tem York seconded the motion; the motion carried, Pro Tern York and Councilmembers Tunnell, Stover and Herring voting in favor of Discussion and review of Exemption for FY 2003. ,,~ Presentation: Jim Witt, City Manager, made ~ad 10. PUBLIC To receive 2001-2002 Presenta ~ii:,i~ Public the Council. and advised no one the IMF Fund and the Tax Tunnell moved to close the Public Hearing. Mayor seconded the motion; the motion carried 7-0 with Tem York and Councilmembers Garcia, Peters, Raines, Stover and Herring voting in favor of the motion. cm08282001 Page 4 of 7 11. PUBLIC HEARING: To receive public comment concerning 2001-2002 tax rate of .6456. Presentation: Jim Witt, City Manager, made a presentation to Public Hearing: Mayor Sheehan opened the Public signed up to speak. Action: Councilmember Tunnell Pro Tem York seconded the Mayor Pro Tem Tunnell, Stover the Proposed one Mayor · 0 with 12. Consider :ment on to sign. DFW Council. approve an Interlocal Agreement Representation on the DFW the Mayor to sign. Councilmember the motion carried 7-0 with Mayor Garcia, Peters, Raines, Herring voting in favor of the motion. 13. by Mike Vasquez concerning changes to Code of Ordinances to allow vinyl fencing in the This was postponed to be brought back at a later date. cm08282001 Page 5 of 7 14. Necessary action resulting from Work Session. There was no action necessary under this item. 15. City Manager's Report. A. Youth Task Force. A. Jim Witt, City Manager, made a Youth Task Force that the City is the 16. Mayor and Council Reports. A. Report by Mayor North Texas Mayor's B. Report by Mayor non-voting C. Report by D. Report Texas DFW of re the Airport N~h Texas of Coppell will be position. and Mayor Pro Tem of Grapevine's Grape 8th at 11:00 a.m. reported on the Texas that she attended. 17. {Closed to the Public} utive Session 551.071{1}, Texas Government with City Attorney. Open Records. Code cm08282001 Page 6 of 7 Mayor Sheehan convened into Executive Session at 8:21 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 8:50 p.m. and opened the Regular Session. REGULAR SESSION (Open to the 18. Necessary action resulting from There being no further business to come meeting was adjourned. the ATTEST: Kathy Wilkerson, De cm08282001 Page 7 of 7 T H El C I T Y 0 F C-OPi ELL AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid #Q-0701-02 for the purchase of water meters in the following manner: Hersey Meters - series #0100- 5/8" x 3/4" and 1", series #0300- 3" and 6", series #0400- 4", 6" and 8"; Master Meters - series #0100- 5/8" x 3/4" multi-jet and 1" multi-jet, series #0300- 4" and 8", series #0600- 3" without connections; ACT Pipe & Supply - series #600- 4", 6" 8" and 10" in an amount not to eXCeed $174,815.26; as budgeted. SUBMITTED BY: Glenn D. Hollowell, P.Pub~~c~Wo' TITLE: Assistant Director of rks STAFF COMMENTS: Six bids were received and opened on August 21, 2001 for the purchase of water meters. The water meters are for our yearly replacement and for new commercial construction throughout the City of Coppell. While different vendors may be lower on a specific meter or size, it is recommended to award the bid in the above manner to allow us to order and track the meters more effectively and efficiently. Consider approval of awarding Bid #Q-0701-02 for water meters to Hersey Meters in the estimated amount of $71,478.70 to Master Meters in the estimated amount of $29,075.60 and to ACT Pipe & Supply, Inc. in the estimated amount of $74,260.96 for a combined total not to exceed $174,815.26; as budgeted. The series #0600 with connections is not being awarded because those types are no longer being used. The meters will be ordered on an as needed basis. Staff recommends approval and will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +k-BID $ FINANCIAL COMMJENTS: Funds for the purchase of water meters has been budgeted in Utility Operation~ via. INITIALS: \/'~ FIN. REVIEW(~ CITY MANAGER REVIEW:kl~ Agenda Request Form - Revised 5/00 Document Name: #eng2 MEMORANDUM FROM THE DEPARTMENT OF PUBLIC WORKS To: From: Date: RE: Ken Griff'm, P.E., Director of Engineering/Public Works Glenn D. Holloweli, P.E., Asst. Dir. of Public Works]~ b~O August 28, 2001 Water Meter Bids, Bid # Q-0701-02 Dear Ken: After reviewing the bids with Jim Ragsdill, we recommending awarding the bid to three suppliers. We recommend that award breakdown as follows: #0100- 5/8"x3/4" Hersey Meters #0100- 5/8"x3/4" Multi-jet Master Meters #0100- 1" Hersey Meters #0100- 1" Multi-jet Master Meters #0100- 1 ~" Master Meters #0100- 2" Master Meters #0300- 3" Hersey Meters #0300- 4" Master Meters #0300- 6" Hersey Meters #0300- 8" Master Meters #0400- All Sizes Hersey Meters #0500- All Sizes ACT Pipe & Supply #600- 3" i/Connections Master Meters We will not be purchasing any series #0600- 3" w/Connections. Hersey Meters estimated contract amount is $71,478.70, Master Meters estimated contract amount is $29,075.6 and ACT Pipe & Supply estimated contract amount is $74, 260.96. A bid tabulation is attached. If you have any questions regarding this matter, do not hesitate to call. CITY OF COPPELL PUBLIC WORKS DEPARTMENT T H E · C I T Y 0 F COPPEI L AGENDA REQUEST FORM CITY COUNCIL MEETING: 09/11/01 ITEM # I ITEM CAPTION: Consider approval of an ordinance setting the maximum permitted basic tier rates charged by AT&T Broadband, and authorizing the Mayor to sign. SUBMITrED BY: Rick Moore TITLE: Director of Information Services STAFF COMMENTS: The City of Coppell is authorized by the Federal Communications Commission to regulate basic cable rates for all entities that have a franchise agreement with the City. The Telecommunications Board has reviewed the reports, discussed the findings with the auditor and recommends the approval of this ordinance. BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ + \-BID $ DIR. INITIALS: FIN. REVIEW~ Agenda Request Form - Revised 5/00 CITY MANAGER REVIEW: Document Name: {ATI'RATE T H E C I T Y 0 F C-OPP-ELL Interoffice Memorandum To: Jim Witt /~ From: Rick Moore Date: August 20, 2001 Subject: AT&T Cable Rate Increase Review The City of Coppell is certified by the Federal Communications Commission (FCC) to regulate basic cable rates. In December 2000 Paragon Cable filed a rate increase with the FCC for all North Texas customers which became effective January 1, 2001. Also in January 2001, the ownership and management of Paragon Cable shifted to AT&T Broadband. Coppell joined Irving and Grapevine to hire C2 Consulting, Inc. (C2C) to audit the rate filings and determine the validity of the increase amounts. The audit was completed in February. Following is a summary of recommendations by C2C: The maximum permitted rate for the basic service should be $10.16 per month instead of the company's requested rate of $10.39. The maximum permitted truck trip rate should be $21.76 instead of the company's calculated rate of $25.98. The other proposed equipment/installation rate changes were found to be acceptable. The company should be requested to provide additional information to better clarify reasons for major cost increases in the future. The company should be required to use only costs/investment in future filings; inflation factors should be adjusted to reflect published figures for the first three (3) quarters of 2000. Subsequent to the completion of C2's report, the FCC released a new inflationary figure that AT&T used to recalculate the rate change. In April 2001, AT&T submitted a revised Subject: AT&T Cable Rate Increase Review, cont. form 1240 requesting the basic rate to be set at $10.32, 7¢ lower than the original proposed rate and 8¢ higher than the rate as recalculated by C2 Consulting. After a review of the revised rate filing, C2 Consulting recommends accepting the basic rate of $10.32 as submitted by AT&T Broadband and staff concurs with this recommendation. At their August meeting, the Telecommunications Board approved the basic cable rate as proposed by AT&T and the truck trip rate as proposed by C2 Consulting. This suggested rate lowers the current cost of basic cable by 7¢ per month. An ordinance reducing these rates was reviewed by the Board and is included for council consideration. The FCC requires AT&T Broadband to issue refunds, with requisite interest, to Coppell subscribers within 90 days of the passage of this ordinance. Please let me know if I can provide any additional information or clarification. T&T Broadband July 13, 2001 183 Inverness Drive West Englewood, CO 80112 VIA FEDERAL EXPRESS Mr. Rick Moore Information Systems Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 RE: 2001 Rate Filings Dear Mr. Moore: Thank you for your time today to discuss the 2001 1240 rate filing and for your cooperative approach in working through some of our issues with the Basic Service charge in the City of Coppell. As discussed, the primary issue as identified by your consultant, C2 Consulting concerns the inflation factor adjustment. We do not take issue with the consultant's report, but subsequent to its release, the FCC issued two new inflation factors and we would like to incorporate this factor into the final calculation. Please note that should the City allow AT&T Broadband to utilize this most recent inflation factor, it will result in a smaller true-up in our 2002 rate filing. Because the true-up component includes an 11.25% mark-up, it is in the customers' best interest to minimize any potential for a subsequent negative true-up. In this regard, we respectfully request the City to approve a Basic Service charge of $10.32 (inclusive of the $0.04 FCC User Fee), which incorporates the most recent FCC inflation factor. I have attached a working copy of our re-calculation for your review. Should the City find this proposal acceptable, we implement the new rate as soon as possible after council approval. As you know, the previous cable owner implemented a rate of $10.39 effective January 1, so the result of council approval of our proposed rate will be a decrease of $0.07. Thank you again for your assistance in resolving this issue, and please don't hesitate to call me at (720) 267-2222 if you have any questions or would like any additional information. Sincerely, Senior Director Regulatory Affairs cc: Dick Kirby Attachment ~ Recycled Paper Feder~ Communications Commission Washington, DC 20554 FCC FORM 1240 UPDATING MAXIMUM PERMITTED RATES FOR REGULATED CABLE SERVICES Cable Operator: Approved by OMB 3060-0685 Name of Cable Operator [Coppell, TX-First Qr inflation factor 3.23%-Projected Period. I~ailing Address of Cable Operator 1. Does this filing involve a single franchise authority and a single community unit? ff yes, complete the franchise authority information below and ] enter the associated CUID number here: I TX0783 YES NO 2. Does this filing involve a single franchise authority but multiple community units? ff yes, enter the associated CUIDs below and complete the franchise authority information at the bottom of this page: 3. Does tiffs filing involve multiple franchise authorities? ff yes, attach a separate sheet for each franchise authority and include the following franchise authority information with its associated CUID(s): Franchise Authority Information: Name of Local Franchising Authority city of ~ Mailing Address of Local Franchising Authority 233 Rodgers Rd Irving IFax Number [75060 Telephone number 4. For what purpose is this Form 1240 being filed? Please put an "X" in the appropriate box. a. Original Form 1240 for Basic Tier b. Amended Form 1240 for Basic Tier c. Original Form 1240 for CPS Tier d. Amended Form 1240 for CPS Tier 5. Indicate the one year time period for which you are setting rates (the Projected Period). 6. Indicate the time period for which you are performing a true-up. 7. Status of Previous Filing of FCC Form 1240 (enter an "x" in the appropriate box) X a. Is this the first FCC Form 1240 filed in any jurisdiction? b. Has an FCC Form 1240 been filed previously with the FCC? If yes, enter the date of the most recent filing: [ c. Has an FCC Form 1240 been filed previously with the Franchising Authority? [ ff yes, enter the date of the most recent filing: [ I 1o~1999 I 9f~onooo YES NO X X 12/21/199S ] (mm/dd/yy) YES NO x I ! 91a0/1999 ] (mm/dd/yy) [ (mm/yy) [ (mm/yy) Page 1 4TX-H4165Revlwc_2K1RWB Working Copy FCC Form 1240 Microsoft Excel 5.0 Version July 1996 Feder~ Communications ComnUssion Washington, DC 20554 Approved by OMB 3060-0685 8. Status of Previous Filing of FCC Form 1210 (enter an "x" in the appropriate box) a. Has an FCC Form 1210 been previously filed with the FCC? I If yes, enter the date of the most recent filing: I b. Has an FCC Form 1210 been previously filed with the Franchising Authority? If yes, enter the date of the most recent filing: 9. Status of FCC Form 1200 Filing (enter an "x" in the appropriate box) a. Has an FCC Form 1200 been previously filed with the FCC? If yes, enter the date fried: b. Has an FCC Form 1200 been previously filed with the Franchising Authority? I If yes, enter the date filed: I 10. Cable Programming Services Complaint Status (enter an "x" in the appropriate box) a. Is this form being filed in response to an FCC Form 329 complaint? I If yes, enter the date of the complaint: [ 11. Is FCC Form 1205 Being Included With This Filing ? 12. Selection of "Going Forward" Channel Addition Methodology (enter an "x" in the approprla~ box) F--'3Check here if you are using the original rules [MARKUP METHOD]. [~Check here if you are using the new, alternative roles [CAPS METHOD]. If using the CAPS METHOD, have you elected to revise recovery for channels added during the period May 15, 1994 to Dec. 31, 19947 13. Headend Upgrade Methodology YES NO x I I 10/9/1995 I (mm/dd/yy) 'YES NO x I i 10/91199S [ (mm/dd/yy) YES NO x I I 8/1011994 ] (mm/dd/yy) YES NO x I I 8/1011994 [ (mm/dd/yy) YES NO I x I I (mm/dd/yy) YES NO I x I I YES NO *NOTE: Operators must certify to the Commission their eligibility to use this upgrade methodology and attach an equipment list and depreciation schedule. F---lCheck here if you are a qualifying small system using the streamlined headend upgrade methodology. Part I: Preliminary Information Module A: Maximum Permitted Rate From Previous Filing I a b Line Line Descri~Ooo Basic Tier 2 IAI CurrentMA-i .... Per~i-~ Rate { $ 9.7076 I e Tier 3 d Tier 4 I I I e Tier I Line Line D~scription B 1 Average Subscribership For Tree-Up Period 1 B2 Average $,,hneribe~ship For Tree-Up Period 2 B3 Estir~tni Average Subscfibership For Projected Period Module B: Subscribership a b c d Basic Tier 2 Tier 3 Tier 4 7,734 e Tier Module C: Inflation Information Line Line Description CI Unclaimed Inflation: Operator Switch~g From 1210 To 1240 C2 Unclaimed Inflation: Unregulated Operator Responding to Rate Complaint C3 Inflntion Fnctor For Tree-Up Pefied 1 F'OVks 1] C4 Inflation Factor For Tree-Up Period 2 DVks 1] C5 Current FCC Inflation Factor 1.0000 1.0000 1.~ 1.0000 1.0323 Page 2 4TX-H4165Revlwc_2K1RWB Working Copy FCC Form 1240 Microsoft Excel 5.0 Version July 1996 Federa~ Communications Commission Approved by OMB 306043685 Washington, DC 20554 Module D: Calculating the Base Rate a b c d · Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier 5 D1 Current Headend Upgrade Segment D2 Current External Costs Segment 0.2422 D3 Current Caps Method Segment 134 Current Markup Method Segment D5 Current Channel Movement and Deletion Segment D6 Current Tree-Up Segment 0.0139 D7 Current Inflation Segment + G5 0.0973 D8 Base Rate [A1-DI-D2-D3-D4-DS-D6-D7] 9.3542 Part Ih True-Up Period Module E: Timing Information Line Line Description El What Type of Tree-Up Is Being Performed? (Answer "1", "2", or "3". See Instructions for a description of the$~ type&) if "1", go to Module I. If "2", answer E2 and g3. If "3", answer g2, g3, FA, and ~2 Number of Months in the Tmc-U2 Period 1 E3 Number of Months between the end of Tme-Up Period 1 and the end of the most recent Projected Period E4 Number of Months in Tree-Up Period 2 Eligible for Interest E5 Number of Months Trae-U Period 2 ineli ible for Interest Module F: Maximum Permitted Rate For True-Up Period 1 a b c d · !Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier FI Caps Method Segment For Tree-Up Period I [Wks 2] F2 Markup Method Segment For Tree-Up Period I [Wks 3] F3 Clum Mvmnt Deletn Segment For True-Up Period 1 [Wits' 4/5] F4 Tree-Up Pedod 1 Rate Elil~ible For Inflation [DS+FI+F2+F3] 9.3542 F5 Inflation Segment for Tree-Up Period I [(F-4*C3)-F4] 0.2100 F6 Hendend Upgrade Segment For Tree-Up Period I [Wks 6] F'/ External Costs Segment For Tme-Up Period I [Wks 7] 0.2458 F8 Tme-Up Segment For Tree-Up Period 1 0.0143 F9 Max Perm Rate for Tme-U[~ Period 1 [F4-+FS+F6+F7+FS] 9.8244 Module G: Maximum Permitted Rate For True-Up Period 2 a b c d e Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier 5 G1 Caps Method Segment For Tme-Ul? Period 2 [Wks 2] ~2 Markup Me~hod Segment For Tree-Up Period 2 [Wks 3] 03 Chart Mvnmt Delem Segment For Tree-Up Period 2 [Wks' 4/5] ~4 TU Period 2 Rate Eligible For Inflation [DS+F5+G I+G2+G3] 9.5642 ~5 Inflation Segment for Tree-Up Period 2 [(G4*C4)-G4] 06 Headend Upgrade Segment For Tree-Up Period 2 [Wks 6] ~7 External Costs Segment For Tree-Up Period 2 [Wks 7] ~8 True-Up Segment For Tree-Up Period 2 ~9 Max Perm Rate for Tree-Up Period 2 [G4+GS+G6+G7+G8] 9.5642 Page 3 4TX-H4165Rev I wc_2K 1RWB Working Copy FCC Form 1240 Microsoft Excel 5.0 Version July 1996 · Feder~ Communications Commission Washington, DC 20554 Approved by OMB 3060-0685 Module H: True-Up Adjustment Calculation a b c d e Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier Adjustment For True-Up Period I H! Revenue From Period 1 889,695.4500 H2 Revenue From Max Permitted Rate for Period I 906,944.7857 H3 Tree-Up Period 1 Adjustment [H2-H1] 17,249.3357 H4 Interest on Period 1 Adjustment 1,482.7017 Adjustment For True-Up Period 2 H5 Revenue From Period 2 Eligible for Interest H6 Revenue From Max Perm Rate for Period 2 Eligible For Interest H7 Period 2 Adjustment Eligible For Interest [H6-H5] H8 Interest on Period 2 Adjustment (See instructions for formula) H9 Revenue From Period 2 Ineligible for Interest HIO Revenue From Max Penn Rate for Period 2 Ineligible for Interest H 11 Period 2 Adjustment Ineligible For lnterest [IIIO-Hg] 'Total True-Up Adjustment H12 Previous Remaining Tme-Up Adjustment HI3 Total Tree-Up Adjustment [H3+H4+H7+HS+H 11 +H 12-G8] 18,732.0374 H14 Amount of Tree-Up Claimed For This Projected Period 18,732.0374 H15 Remainin~ Tree-Up Adjustment [H 13-H14] I Part III: Projected Period Module I: New Maximum Permitted Rate a b c d · Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier [1 Caps Method Segment For Projected Period [Wits 2] 12 Markup Me~hod Segment For Projected Period [Wks 3] 13 Clum Mvnmt Deletn Sel[ment For Projected Period [Wks 4/5] [4 Proj. Period Rate Eligible For Inflation [DS+F5+G$+I 1+12+13] 9.5642 [5 Inflation Segment for Projected Period [(I4'C5)-14] 0.3089 16 Headend Upgrade Segment For Projected Period DVks 6] [7 External Costs Segment For Projected Period [Wits 7] 0.2435 18 Tree-Up Segment For Projected Period 0.2018 19 Max Permitted Rate for Projected Period [I4+I5+I6+I7+I8] 10.3185 [10 Operator Selected Rate For Pro)ected Period ] $ 10.3900 Note: The maximum permitted rate figures do not take into account any refund liability you may have. If you have previously been ordered by the Commission or your local franchising authority to make refunds, you are not relieved of your obligation to make such refunds even if the permitted rate is higher than the contested rate or your current rate. Signature Name and Title of Person Completing this Form: Larry Cole, Regulatory Analyst Telephone number (720) 875-4853 Vickie Colbert - Executive Assistant Certiflcntion Statement WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503). I certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good faith. IDate 311/2001 Fax Number (720) 875-5388 Page 4 4TX-H4 i 65Rev i wc_2 K 1RWB Worldng Cop y FCC Form 1240 Microsoft Excel 5.0 Version July 1996 ONSULTING SERVICES, INC. 7801 Pencross Dall~ts. Tex,~s 75240 (972) 26-0212 August 31,2001 Mr. Rick Moore Information Systems Manager City of Coppell PO Box 478 Coppell, Texas 75019 Dear Mr. Moore: Pursuant to your request, I have reviewed the information provided by AT&T concerning the use of the first quarter 2001 inflation factor for the Form 1240 projected period. Given the fact that the City has not adopted final rates, the FCC regulations do allow for refreshing the inflation factors to reflect the most recent information available. At the time of the analysis (resulting in the recommended $10.16 rate), the most recent factor available was 1.62% (third quarter 2000). Subsequent to that time, the FCC has released the fourth quarter 2000 rate of 1.99% and the first quarter 2001 rate of 3.23%. The latter was issued in July and is the factor being proposed by AT&T. I have reviewed the calculations provided by AT&T and find no computational errors.~ Therefore, based on FCC precedent in refreshing inflation factors to the most recent period, the $10.32 is the resulting basic service rate. Please call me if you have any questions. Very truly yours, Constance T. Cannady President ~ There was a slight variation in the number of subscribers used in the updated computation. However, the impact was only $.0065. AN ORDINANCE OF THE CITY OF COPPEL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING FINDINGS AND THE MAXIMUM PERMITTED BASIC SERVICE TIER RATES CHARGED BY AT&T BROADBAND CABLE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell, Texas franchises cable television service for the benefit of its citizens with Paragon Cable; and WHEREAS, AT&T BroadBand acquired Paragon Cable; and WHEREAS, the City has amended its Franchise Agreement with Paragon Cable to reflect such acquisition; and WHEREAS, the City is the Grantor of a franchise ordinance by and between the City of Coppell and AT&T BroadBand Cable ("AT&T"); and WHEREAS, in accordance with applicable provisions of the Telecommunications Act of 1996 (the "Act") and rules adopted by the Federal Communications Commission ("FCC") and all other applicable federal and state laws and regulations, the City has undertaken all appropriate procedural steps to regulate the equipment and installation rates; and WHEREAS, in accordance with applicable FCC regulations the City adopted an ordinance providing for the regulation of rates charged by cable television operators within the City for the equipment and installation rates are related equipment and installation charges and providing for a reasonable opportunity for interested parties to express their views concerning basic cable regulations; and WHEREAS, on or about October 1, 2001 the City reviewed what is commonly known as FCC Form 1240; and WHEREAS, the City has caused to be audited and has concluded that said proposed basic service tier rate in Form 1240 is appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That after review the following are ordained findings of this City Council: 43168 A. That on or about October 1, 2001, the City of Coppell received AT&T's FCC form 1240 filing. B. That the City reviewed AT&T's FCC Form 1240 to determine the reasonableness of the proposed basic service tier rate. C. That the findings of the C2 Consulting audit, which is attached hereto and incorporated herein by reference as Exhibit "A", are hereby established as findings. D. That based upon the information received from AT&T, the City concludes that the rate proposed by AT&T for maximum permitted service is reasonable. SECTION 2. That the City has an obligation to timely act upon the pending rate application consistent with current FCC roles and regulations and that AT&T's submittal of the FCC form 1240 received on or about October 1, 2001, is hereby accepted. SECTION 3. That the City hereby further ordains: That based on the information received from AT&T and recommendations from C2 Consulting Services, Inc., which is attached hereto and incorporated herein by reference as Exhibit "A", the maximum permitted rate for the basic service tier established at $10.32 effective January 1, 2001. SECTION 4. All provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. 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 invalid, illegal or unconstitutional, and shall not effect the validity of the Code of Ordinances of the City of Coppell, Texas. 43168 SECTION 6. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this day of ., 2001. APPROVED: By: CANDY SHEEHAN, MAYOR ATTEST: By: LIBBY BALL, CITY SECRETARY By: t~'~[~'~]'~ -RoB]~R~' E./~GER, CITY ATTORNEY (REI4~db 09/05/01) 43168 AGENDA REQUEST FORM COUNCIL MEETING: 09/11/01 ITEM # ITEM CAPTION: Consider approval of an ordinance setting the maximum permitted service trip rate charged by AT&T Broadband, and authorizing the Mayor to sign. SUBMITTED BY: Rick Moore TITLE: Director of Information Systems STAFF COMMENTS: The City of Coppell is authorized by the Federal Communications Commission to regulate service and equipment rates for all entities that have a franchise with the City. The Telecommunications board has reviewed the reports, discussed the findings with the auditor and recommends the approval of this ordinance. BUDGET AMT. $ FINANCIAL COMMENTS:~N~' AMT. EST. $ +\-BID $ DIR. INITIALS: FIN. REVIEP~ Agenda Request Form - Revised 5/00 CITY MANAGER REVIE Document Name: {ATTRAT2 ;ULTING SERVICES, INC. 7801 Pencross Ln. Dallas, Texas 75248 Tel. (972) 726-7216 Fax (972) 726-0212 February 13, 2001 Mr. Rick Moore Information Systems Manager City of Coppell PO Box 478 CoppeR, Texas 75019 Ms. Melisa Leal Assistant to the City Manager City of Grapevine PO Box 95104 Grapevine, Texas 76099 Ms. Patricia Royal Nicks Cable Services Manager City of Irving 233 South Rogers Road Irving, Texas 75060 Dear City Representatives: C2 Consulting Services, Inc. ("C2") has completed the evaluation of the FCC Form 1205 filed by Paragon Cable ("Paragon" or the "Company") with the Cities on or about October 1, 2000] This is Paragon's second year to file a Form 1205 for Cities' review of its proposed changes in equipment monthly lease rates and installation and maintenance charges since implementation of the Social Contract provisions in 1996.2 The Cities continue to have original jurisdiction with respect to the review and regulation of charges resulting from the Form 1205 computations. This study does not constitute an examination of the financial condition of Paragon or its parent company. As such, C2 cannot and does not express any position with regard to the accuracy or validity of the financial information provided by Paragon during the course of the analyses. BACKGROUND In its 2001 Form 1205 filing, Paragon proposes installation rates that are on average 39% greater than the 2000 rates. With respect to the equipment rates, the proposed addressable converter rate shows the largest variation, with Paragon actually charging a rate (operator selected rate or "eSR") that is considerably less than the maximum pennitted rates ("MPR") computed by the Form 1205 formulae. t Subsequent to the filing of the Form 1205, AT&T Broadband assumed operation of the systems. However, for purposes of this report, Paragon will continue to be referenced as it filed the Form 1205 and supplied the supporting documentation. 2 Social Contract for Time Warner Cable ("Social Contract"), as approved by the FCC in Social Contract for Time Warner, Memorandum Opinion and Order, FCC 95-478, released November 30, 1995, ("Social Contract Order"). City Representatives Febmary 13, 2001 Page 2 The following table provides a comparison of the current rates, Paragon proposed maximum permitted 2001 rates, and Paragon's operator selected 2001 rates: COMPARISON OF EQUIPMENT AND INSTALLATION RATES -Iourly Service Charge ;ervice ~stall- New Install - Reconnection Upgrade of optional services Downgrade of optional services Additional connect at installation Additional connect - separate Track Trip 3hanging Tiers Paragon Paragon Paragon 2000 Rates Proposed 2001 Proposed 2001 MPR OSR $29.78 $32.48 $32.48 $29.78 $43.19 $43.19 $17.27 $17.21 $17.21 $17.27 $25.98 $25.98 $17.27 $32.48 $25.98 $13.40 $21.76 $21.76 $27.40 $32.48 $32.48 $17.27 $21.76 $25.98 $2.00 $25.98 $2.00 Monthly Lease Rates Remotes Non-Addressable Converter Digital, Addressable Converters $0.29 $0.32 $0.32 $0.62 $0.58 $0.58 $3.39 $5.09 $4.41 Consistent with the previous Form 1205 filing Paragon's proposed 2001 rates are based on the components of Form 1205 filings developed for the following five Time Warner divisions operating in Texas: · Austin Division · Houston Division (East and West, with East being previously operated by TCI) · San Antonio Division · Southwest Division · Waco Division Therefore, each individual Form 1205 was reviewed for accuracy and the appropriateness of any computations. SUMMARY OF FINDINGS Based on the information provided by Paragon, it appears that the primary reasons for the increase in the installation and equipment rates are as follows: City Representatives February 13,2001 Page 3 1. The Company experienced a significant increase in the hourly rates charged by outside contractors for installation and repair and maintenance of remotes and converters. The mount of time required to perform installation activities increased significantly in large part due to what appears to be an increase in digital installations. The capital investment in digital and analog addressable converters substantially increased due to providing digital services (with the requirement of a digital converter). Increase in Contract Labor Expense Most of the five divisions use outside contractors to assist in installation activities and repair and maintenance of converters and remotes. These costs have been a component of the Hourly Service Charge ("HSC") used primarily to develop the installation rates.3 An analysis of the costs and associated hours related to contract labor for the last two years showed: · The total number of contract labor hours assigned to the equipment basket remained stable between the 2000 filing and the 2001 filing; and · The total contract labor costs reported in the 2001 filing increased approximately 45% from the costs included in the 2000 filing. The Company provided the explanation that such costs had increased in various parts of Texas due to the availability of qualified technicians. The labor pool has narrowed significantly given all of the cable and telecommunications construction that is in progress. For example, the greatest increase in contract labor noted in the five divisions was in the Dallas metroplex area. Although the increase in contract labor is significant, the Company has provided data that supports these costs during the fiscal year period noted, (October 1999 through September 2000). The FCC regulations allow for recovery of actual costs incurred by the cable operator associated with regulated equipment and installation activities. Increase in Time Requirements for Installation Activities Paragon proposes to adjust the time requirements for each of its installation activities for which a rate has been proposed. Remember that the HSC is multiplied by each of these time frames to determine the maximum permitted rate for a particular installation activity. The increases in time requirements appear to be primarily related to inclusion of digital service installation activities. This is in large part due to the blending of the time requirements for analog installation and the time requirement for digital installations.4 This blending would affect 3 To the extent outside contractors are used to repair and maintain remotes and converters, their hours are multiplied by the HSC and added to the capital investment to determine the equipment rates. 4 Many operators have separate installation rates for analog and digital. It appears that Paragon has developed an average rate to be charged for either type of installation activity. City Representatives February 13,2001 Page 4 any installation acfivites that might include a digital installation, digital upgrade, digital outlet or digital problem requiring a technician review. Capital Investment in Digital/A ddressable Converters The driving factor in the increase in digital/addressable converters is the capital investment made by the Company in digital converters during the fiscal year in question. A review of the amount of digitalJaddressable converter net book value as of September 1999 compared to the level at September 2000 showed an approximate increase of 50% without any notable change in the number of converter boxes in service.5 Clearly the cost per unit of the digital converters is significantly higher than the analog converter boxes. This, coupled with the fact that customers are trading out the older, less expensive units for digital boxes, increases the monthly rental rate required per unit for actual cost recovery (as provided by FCC regulation). Calculation Issues C2 notes two issues with respect to the calculation of the Form 1205 and the resulting proposed rates. These are: 1. The Company used estimated costs and investment for the month of September 2000; and 2. The proposed rate for a Track Trip does not appear to be in accordance with the Form 1205 maximum permitted rate as calculated. a.) Estimated Expenses In accordance with FCC instructions, the Company has a recent twelve-month period for calculating its Form 1205. As stated above, the period is noted by the Company as being fi.om October 1, 1999 through September 30, 2000. However, the Company did not use the actual costs and investment levels as of September 30t~, but instead estimated this month's amounts to be included. The FCC instructions are clear that the Form 1205 is intended to recovery the actual costs of customer premises equipment and operating expenses for installation and equipment related activities. Although using an estimate of the investment levels and expenses for the month of September 2000 does not appear to have a major impact on the Form 1205 computations, it is not in accordance with the FCC requirements.6 The FCC regulations do allow for a time period other than a recent twelve-month period, but any alternative time period is subject to acceptance by the franchising authority. 5 Remember that the monthly rate for converters is derived by dividing the cost recovery component by the number of units actually in service. The cost recovery component is comprised of the labor costs to repair and maintain, the annual depreciation on the investment, and the annual return on the investment. 6 Paragon provided the actual September investment levels and depreciation for Schedules A and C, which showed some increase in the levels used in the Form 1205. Although not a complete update of the September information, this suggests that the estimates used were reasonable. City Representatives February 13, 2001 Page 5 C2 reco~mnends that the Cities require Paragon (now AT&T) to file future Form 1205 filings based on actual costs and not estimated costs. b.) Maximum Permitted Rate for Truck Trip In the letters submitted by Paragon to the Cities on or about ttfirty days prior to the rate increase in January, the Company listed the current rates and the new rates for installation and equipment rental. The new rate for a "track trip" was noted as $25.98. However, upon review of the actual Form 1205 calculations, it appears that a track trip requiring .67 hours to complete results in a maximum permitted rate of $21.76 (.67 hour times the HSC of $32.48).7 C2 recommends that the current rates being charged for a truck trip be lowered to thc maximum permitted rates computed on the Form 1205 as filed. SUMMARY OF RECOMMENDATIONS Based on the above findings and conclusions, the Cities should consider taking the following actions: 1. Approve the operator selected rates proposed by Paragon for installation and equipment rates as being reasonable with the exception of the rate for a track trip. Adopt a maximum permitted track trip rate of $21.76 rather than the $25.98 proposed by the Company. Provide for additional information to be submitted by the cable operator with the filing to better clarify the reasons for major cost increaseg. Require the Company to use only actual costs/investment in future Form 1205 filings. C2 appreciates having this oppommity to work with the Cities of Coppell, Grapevine, and Irving in review of the Form 1205 rates. If you have any questions regarding this report or need clarifications as to the recommendations, please contact Ms. Come Cannady at (972) 726-7216. Very truly yours, C2 Consulting Services, Inc. 7 It is not clear from the Form 1205 filing if the .67 is related to the truck trip of upgrade/downgrade of service. Clarification has been requested from Paragon. However, the truck trip, upgrade and downgrade are all being charged at a rate of $25.98. One of these rates should be lowered to the $21.76 maximum permitted rate shown on the Form 1205. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING FINDINGS AND THE MAXIMUM PERMITTED SERVICE TRIP RATE CHARGED BY AT&T BROADBAND; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell, Texas fi'anchises cable television service for the benefit of its citizens with Paragon Cable; and WHEREAS, AT&T BroadBand acquired Paragon Cable; and. WHEREAS, the City has amended the Franchise Agreement to reflect such acquisition; and WHEREAS, the City is the Grantor of a fi'anchise ordinance by and between the City of Coppell and AT&T BroadBand ("AT&T"); and WHEREAS, in accordance with applicable provisions of the Telecommunications Act of 1996 (the "Act") and rules adopted by the Federal Communications Commission ("FCC") and all other applicable federal and state laws and regulations, the City has undertaken all appropriate procedural steps to regulate the equipment and installation rates; and WHEREAS, in accordance with applicable FCC regulations the City adopted an ordinance providing for the regulation of rates charged by cable television operators within the City for the equipment and installation rates are related equipment and installation charges and providing for a reasonable opportunity for interested parties to express their views concerning basic cable regulations; and WHEREAS, on or about October 1, 2001 the City reviewed what is commonly known as FCC Form 1205; and WHEREAS, the City has caused to be audited and has concluded that said proposed rates for maximum permitted monthly lease rates in Form 1205 are inappropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That after review the following are ordained findings of this City Council: Ao That on or about October 1, 2001, the City of Coppell received AT&T's FCC form 1205 filing. 43167 That the City reviewed AT&T's FCC Form 1205 to determine the reasonableness of the proposed monthly equipment lease, installation and maintenance rates. That the findings of the C2 Consulting audit, which is attached hereto and incorporated herein by reference as Exhibit "A", are hereby established as findings. That based upon the information received from AT&T, the City concludes that the rates proposed by AT&T for the maximum permitted truck trip rate are not reasonable. SECTION 2. That the City has an obligation to timely act upon the pending rate application consistent with current FCC rules and regulations and that AT&T's submittal of the FCC form 1205 received on or about October 1, 2001, is hereby rejected for the reason that the proposed rate is not reasonable. SECTION 3. That the City hereby further ordains: ho That AT&T's request for maximum permitted truck trip rate of Twenty-five Dollars and ninety-eight cents ($25.98) included in its Form 1205 filing is hereby denied. Bo That based on the information received from AT&T and recommendations from C2 Consulting Services, Inc., which is attached hereto and incorporated herein by reference as Exhibit "A", the maximum permitted rate for the truck trip rate is Twenty-one Dollars and seventy-six cents ($21.76) effective January 1, 2001. SECTION 4. All provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. 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 2 43167 part so decided to be invalid, illegal or unconstitutional, and shall not effect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 6. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this ., 2001. APPROVED: day of APPROVe_ (REH/cdb o~o~R), CITY ATTORNEY By: CANDY SHEEHAN, MAYOR ATTEST: By: LIBBY BALL, CITY SECRETARY 3 43167 F COPPELL AGENDA REQUEST FORM CITY COUNCm mETING: September 11, 2001 ITEM # ~ ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1189, Donut City, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit-1189), 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, 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 19, 2001, the Planning and Zoning Commission unanimously approved this Special Use Permit (4-0). On August 14, 2001, City Council unanimously approved this Special Use Permit (7-0). Staff recommends approval. DIR. INITIALS:~ FIN. REVIEW: Agenda Request Form -[Revised 5/00 CITY MANAGER REVIE ~S 1189o 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.-l189" (COMMERCIAL-SPECIAL USE PERMIT - 1189) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED ALONG THE WEST SIDE OF DENTON TAP ROAD, NORTH OF TOWN CENTER DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, AND ELEVATIONS, WITH SIGNAGE, ATTACHED HERETO AS EXHIBITS "B', "C", AND "D", 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 govcming 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-1189 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-1189) to grant a special use permit for the operation of a restaurant to be located along the west side of Denton Tap Road, north of Town Center Drive, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. 1 42909 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) The hours of operation shall be fi'om 5:00 a.m. to 5:00 p.m., Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plans and elevations, with signage, which are attached hereto and referred to herein in Section 3. (C) That prior to issuance of the Certificate of Occupancy, a 4-caliper inch Austrian Pine shall be planted and tree reparation in the amount of Four Hundred Dollars ($400.00) shall be paid to the City. SECTION 3. That the Site Plan, Floor Plan, and Elevations, with signage, attached hereto as "D", respectively, and made a part hereof for all purposes, are hereby Exhibits B , C, and 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 42909 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately fi:om and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ., 2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: ~~~BERT E. (REH/cdb 8/23/0 [TY ATTORNEY LIBBY BALL, CITY SECRETARY 3 42909 STATE OF TEXAS COUNTY OF DALLAS WHEREAS. NHAN V. NGUYEN is the owner of o tract of land situated in the George W. Jack Abstract No. 694, Dallas County. Texas, said tract being port of that tract of land conveyed to Lee Properties, Inc., Employee Profit Shoring Plan os recorded in Volume 99178. Page 1370 of said Deed Records, and more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the southeast corner of Homeowners Association's Common Area, Huntington Ridge. on addition to the City of Coppell os recorded in Volume 93093, Page 1513 of the Deed Records of Dallas County, Texas, said point also being in the west line of Denton Top Rood (100 foot Right-of- Way); THENCE S OOdeg 58min 52sec E along said west line of Denton Tap Road, a distance of 165.57 feet to a cross found in a sidewalk being the northeast corner of Lot 1R. Block A, Sonic Addition, an addition to the Cit;. of Coppell. Texas. according to the plot recorded in Volume 2000156. Page 1823. Map Records of Dallas County, Texas; THENCE S 88deg 18rain 44sec W departing said west line of Denton Tap Rood and along the north line of said Sonic Addition, a distance of 220.55 feet to a 1/2 inch iron rod found in the east line of Lot 32 of Huntington Ridge Addition; THENCE N OOdeg 19min 41sec E along said east line of Huntington Ridge, a distance of 170.45 feet to a 1/2 iron rod found at on ell corner of said Huntington Ridge Addition; THENCE I'~ 89deg 34rain 53sec E along the south line of said Common Area, a distance of 216.45 feet to the PLACE OF* BEGINNING and containing 56,685 square feet or 0.842 acres of land. z z NI-3AI; N'nlS':I0 ;~ 'I¥1~I'.IIyR -- TIVM A~INOSYR HOIH ,9 H3,I. vn O J_ S: ¥3uv 3d¥OSGNY'I oz~l 3dV3SQNV'I Y3~IY g I I F COPP-EEL AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # ~ ITEM CAPTION: Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 2001 through September 30, 2002, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ DIR. INITIALS:CZ~ FIN. REVIEW~ Agenda Request Form - Revised 5/00 +X-Bm $ CITY MANAGER REVIEW: Document Name: SBUDADPT.DOC AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2001-2002; and WHEREAS, the City Council has received the proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2001, and ending September 30, 2002, as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2001, and ending September 30, 2002. SECTION 2. That the sum of $53,093,471 is hereby appropriated for the expenditures established in the approved budget, attached hereto as Exhibit "A" and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer designated appropriations to any individual department or activity. SECTION 4. That all notices and public hearings required by law have been duly completed. SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of Coppell 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 thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 1 lth day of September, 2001. APPROVED: MAYOR ATTEST: CITY SECRETARY CITY ATTO~~;g '''''''- T H I= C I T Y 0 F COPPE, LL AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # _~ ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad valorem Taxes for the year 2001 at .6486/$100 taxable valuation of which .43777 for operations and maintenance and .21083 for interest and sinking, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: BUDGET AMT $ ~ FINANCIAL COMMENTS:~k~' AMT EST. $ DIR. INITIALS:O~r Agenda Request Form - Revised 5/00 FIN. REVIEW:~ +\-BID $ CITY MANAGER REVI Document Name' Stxrtord doc ' ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2001 AT A RATE OF .6486 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2001; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That there be and is hereby levied for the year 2001 on all taxable property, real, personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of .6486 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a tax of $.43777 on each One Hundred Dollars ($100) assessed value of all taxable property. b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.21083 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding bonds. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2001 and all ad valorem taxes for the year shall become delinquent after January 31, 2002. There shall be no discount for payment of taxes prior to said January 31, 2002. A delinquent tax shall incur all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it become delinquent. Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquem tax shall also accrue interest at a rate of one per cent for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 2002, incur an additional penalty of fifteen percem of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to contract with the City's Attorney pursuant to Section 6.30 of the Property Tax Code. SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcemem of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the year 2001, this ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 1 lth day of September 2001. APPROVED: MAYOR ATTEST: CITY SECRETARY CITY ATTORN~ CITY COUNCIL MEETING: September 11, 2001 ITEM # I ~_~ ITEM CAPTION: Consider approval of a Resolution regarding the passage of additional Homestead Property Tax relief as provided for in state law, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. FINANCIAL COlVllVlENTS: AMT. EST $ DIR. INITIALS: Agenda Request Form - Revised 5/00 +k-BID $ CITY MANAGER REVIEW: Document Name: !Resolute RESOLUTION NO. A RESOLUTION OF TI-1F~ CITY COUNCIL OF TI-1E CITY OF COPPELL, TEXAS, REGARDING THE PASSAGE OF ADDITIONAL HOMESTEAD PROPERTY TAX RELIEF AS PROVIDED FOR IN STATE LAW. WHEREAS, the Mayor and Council of the City of Coppell wish to provide residential property tax relief for the citizens of our community; and WHEREAS, the Homestead Property Tax Exemption has been found to be the most effective mechanism for homeowner property tax relief; and WHEREAS, before April 1st of each year the City must take formal action to grant additional property tax relief through the Homestead Property Tax Exemption. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City of Coppell hereby declares its intent to review the granting of an additional two percent (2%) Homestead Property Tax relief to elibigle residential property owners before February 28, 2002. SECTION 2. This review shall take into consideration the City's financial condition, including expenditures, revenues, five-year plan, and capital improvement projects, as well as the condition of the local, state and national economies. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the day of September 2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: 1 JBBY BALL, C1TY SECRETARY ROBI~R~ E. HAG--E~.,~Y ATFORNEY F ~ AGENDA REQUEST FORk{ CITY COUNCIL M~ETINa: September 11, 2001 ITEM # I ITEM CAPTION: Presentation by Mike Vasquez concerning changes to Coppell Code of Ordinances to allow vinyl fencing in the City. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:k)~~' AMT. EST. $ DIR. INITIALS: Agenda Request Form - Revised 5/00 +\-BID $ CITY MANAGER REVIEW: Document Name: !Fence MEMORANDUM August 22, 2001 Subject: Fencing Materials Survey [,, CITY OF COPPELL I made an informal survey of surrounding communities with regard to the types of fencing materials allowed and am including it here for your information. Carrollton Farmers Branch Colleyville Piano Lewisville No materials restriction for residential/Commercial limited to masonry or wood Plastic materials acceptable Plastic acceptable (if not objectionable to neighborhood)* Plastic acceptable Vinyl or fiberglass allowed (if not objectionable)** * Colleyville indicated that they actually had not seen but one vinyl fence Ired thai particular one was reviewed and deemed not to be objectionable by a supervisor. ** Lewisville indicated that vinyl or fiberglass materials were acceptable if they did not have an objectionable appearance (they indicated that their Code Fmforcement officers make that determination in the field). Most departments contacted indicated their ordinance had simply not addressed the issue of vinyl or plastic-type materials as our ordinance has. When asked, their stock sn.~a~r was that plastic should be O. IC xc: Bob Kmse, Fire Chief I August 1 Coppell: · P,O.i Box Dear Cou 2001 ty Coun ;il 9478 exas 75C 19 ncil Mere Ders: From: an From a c ~nsumer',, money 'i~ ~aintaini At the tim .~ the co~ avaijable n the ms hav~ ma( e their w avenge consumer I am writi'~ ~g this letter to request that Article 9-2-7 of the Coppell ( up~'t~ allow v~nyi fencing in the city. Coppell is only one of t~ me~ople~ area whbse code does not permit this newer fencing Ol Vinyl fen~ng can rovide several benefits to the city as well as its ~thetic ~nt of view, these fences do not rot, deterion Cod® to a~low corn malJedals Ifor their 1; ;a reseurce~- time 801 ~C~n~ Dr. ' Co~pe~, ~ ~s 75~ ,Code be e cities in the citizen.: s. ~te; or.: discolor. point of view, vinyl fencing yields a savings of:timeiand ~g .one's property. " e was written, materials such as vinyl were n~ readily ,. rket as a fencing option. Over time, new alter_.n{~iwe' ......materials ay into the marketplace and are more accessl :b~ie to'lhe due consideration be given to changing the C4~)pei!iCity umers the benefit of having more options in :noes and the right of allocating some of their ~ost ~important d money in a manner they see fiL Vasquez 119 EVERYTHING YOU WANT TO KNOW ABOUT BUFFTECH VINYL FENCING WHAT IS BUFFTECH'S PRODUCT MADE OF? The base ingredient is rigid PVC (polyvinyl chloride) modified to provide exceptional impact strength and ultraviolet (UV) resistance. The formulation is similar to that of vinyl siding, which has a history of providing long term durability and structural integrity. WHY IS THE INSIDE DIFFERENT THAN THE OUTSIDE? Bufftech has developed a state of the art co-extrusion process. This allows us to put a higher concentration of UV protection into the outer cap, while providing for excellent impact resistance in the interior substrate material. These layers can not separate. Is IT RECYCLED PLASTIC? Technically, "recycled" refers to post consumer or post industrial materials coming from the waste stream. PVC can and is being recycled. Bufftech does not use the waste stream as a source. However, we do reprocess our own PVC where it meets our rigid specifications. The use of this reprocessed material keeps it out of the waste stream, positively effecting our environment. WILL IT TURN YELLOW? Bufftech products contain 10 parts titanium dioxide (TI02), which reduces the likelihood of ultraviolet degradation. WILL IT BREAK IN COLD/HOT WEATHER? As with most plastics, vinyl will become less flexible in colder weather conditions. However, unless subjected to unusual impact, it will not break. It is normal for materials to expand and contract during temperature changes. Our product has been engineered to accommodate normal temperature swings and changing climatic conditions. WHY DON'T YOU MAKE DARK COLORS? Titanium dioxide is the main ultraviolet inhibitor. It is a white pigment. Therefore, it is difficult to obtain a dark color while having this significant amount of white pigment. Dark colors also absorb heat. There is no current technology that dissipates this heat buildup. SHOULD I Be CONCERNED ABOUT FIRE? PVC has a high flash point of 900°F and does not readily ignite. It is therefore categorized as being "self-extinguishing". DOES IT CHALK? Light chalking is a normal occurrence of any pigmented surface. Washed away by rainfall and normal changes in weather, this process helps to keep your fence looking like new. In effect, it could be described as virtually maintenance-free, How STRONG IS IT? PVC can be impact modified. Bufftech has tailored its formulations to meet or exceed the requirements necessary for excellent performance in the field. Will IT HOLD MY ANIMALS? CAN MY KIDS CLIMB ON IT? WILL MY HORSE CHEW ON IT? Bufftech products have smooth surfaces with no nails, sharp edges or chance for splinters. You, your children, pets and animals are all safer. Vinyl has a tough surface, retains virtually no moisture and has no taste - therefore horces tend not to "crib" or chew on a Bufftech fence. In addition, our experience shows that Bufftech fencing holds up to routine property maintenance. Bu FFTECH · 800-333-0569 2525 WALDEN AVE, BUFFALO, NY 14225 Made in USA EVERYTHING YOU WANT TO KNOW ABOUT BUF ECH VINYL FENCING How DO i KNOW IT WILL LAST? Bufftech's process is similar to that which has been used to produce vinyl siding. In addition, Bufftech performs accelerated weathering tests which have produced excellent results. WHAT IS THE WARRANTY AND WHAT DOES IT COVER? Bufftech warrants all of its manufactured products against manufacturing defects for the lifetime of the original purchaser. Refer to the warranty document for specific details. How DO I CLEAN It? Use of a non-abrasive liquid cleaning agent is normally sufficient. However, for more stubborn stains, a product similar to Soft Scrub® may be helpful. Refer to Bufftech's care and maintenance document for specific care and maintenance suggestions. CAN I PAINT IT? There should be no reason to paint your Bufftech fence. If you decide to paint it, an epoxy-based paint needs to be used in order to adhere to the smooth vinyl surfaces. As with any painted product, it would have to be repainted in time. Any painting of your Bufftech product voids Bufftech's written warranty. CAN I ADD A HOT WIRE ATTACHMENT? Attachments like a hot wire for post & rail fencing can be attached to your Bufftech fence. WHY IS IT MORE EXPENSIVE THAN WOOD? Very simply, it's not! Although your investment is more initially, this is where your expense ends. The cost difference is quickly eliminated once the substantial cost of continuous maintenance of a wood or metal fence is considered. Bufftech fencing is the economical way to go, confidently saving you time and money with a fence backed by a limited lifetime warranty. (See Cost Comparison chart below) COST COMPARISON* Cost includes price of fence averaged over 20 years plus maintenance and repair costs. Cost is expressed as a pementage. 175 150 125 100 % 75 50 25 0 I 6 9 12 17 20 YEARS · BUFFTECH ~ METALJWOOD FENCES Conclusion: Your Bufftech fence cost over 20 years is constant because there are virtually no maintenance and repair bills. Wood or metal fences are less expensive in the first few years, but increase and become more costly than your virtually maintenance free vinyl fence. *Based on research conducted by Bufftech on costs in the marketplace IA Quality Brand of CertainTeed Corporation © 1998 CertainTeed Corporation 9802 DURAFENCEDESIGNS August20,2001 Dear Coppell City Council Members, Subject: Request to Update the City of Coppell's Fence Regulation Most cities in the Metroplex do not specify an exhaustive list of 'permitted fence materials' in their fence codes. They primarily identify prohibited items which aro typically safety hazards or reduce property values, such as barbed wire or corrugated fiberglass or metal sheets. Some newer city codes define an acceptable fence as 'any material specifically manufactured and sold for fence installation.' With the increasing addition of new fence products, it is difficult for cities with limited resources to monitor all of those available. This presentation is specifically intended to request the addition of vinyl fences to the permitted fence material list in your fence regulation; however, your current regulation does not even list wrought iron as a permitted material. As I have seen this type of fence around Coppell, it might be worthwhile to consider a moro broad update to your regulation. Maintenance-free equivalents also exist for wrought iron and information on these is also included. As with all building materials, product improvements evolve over time. Wood shingles aro now replaced by composites, aluminum or other manmade materials. Wood garage doors aro replaced by metal ones. Aluminum screen doors are replaced by glass ones. Wood siding on homes is often replaced with brick, vinyl and/or newer concrete materials. Railroad tie and landscape timber retaining walls aro now replaced by Pavestone or similar stone walls. The fence industry is now introducing numerous and better alternatives to traditional fence materials. As such, I believe this is the most exciting time in history to be a part of the fence industry. For decades, new developments in fence products were simply characterized by treated or untreated wood or different sealants or stains. Apparently, many consumers grew weary of the limited life and diminishing value of existing products which has prompted a change in products offered by the industry. This is exemplified by the number of new companies at the fence convention each year displaying their new additions to the attractive, durable fence product lines. The increased usage of the Internet for information has enabled homeowners to learn moro about products available to them which can improve their lifestyle thus, contributing to the growing inquiries for vinyl and other newer types of fence materials. These changes in the industry make it more critical for city's to review fence materials and update their codes to provide residents and business owners the right to choose the best fence option for their situation. Following is additional information on vinyl and ornamental aluminum fencing: Vinyl Fences: Vinyl fencing was introduced in the late 1970's and continues to grow in popularity. There are five primary vinyl fence manufacturers leading this part of the fence industry and numerous smaller companies aro added to their ranks each year as sales of this fence product continues to grow at a significant 15-20 percent per year. The major manufacturers typically offer the purchaser a 20 year to lifetime warranty against material defects including yellowing, cracking, etc. The vinyl material utilized in the vinyl fence is a hybrid polyvinylchloride that has been treated to resist ultraviolet light and impacts. The benefits of vinyl fencing far exceed that of wood (see comparison sheets in presentation) and to some people is considered a moro favorable neighborhood perimeter fence than a brick wall. Vinyl fencing does not rot or provide food for termites or carpenter ants. It is classified as self-extinguishing and does not fuel riros. It does 15245Addison Road Addison, Texas 75001-4553 972.720.9977 800.933.3683 Fax 972.720.9980 Coppell City Council Members 2 August 20, 2001 not have splinters to cut children's hands and is more difficult for them to climb to escape a backyard! The interlocking design eliminates the need for nails or screws which rust and puncture hands. It also provides a lasting sturdy fence that holds up well in windstorms without losing strength over its installed life. Another benefit of vinyl fencing is that if a section must be replaced for some reason, the vinyl color will be almost identical. New wood never looks like aged wood and bricks from different lots rarely match. The ranch style rail fence was the first vinyl style to gain acceptance around new development perimeters for ranch-style acre tracts and is now often the required fence material for new homeowners in these developments, several of which are located north of Fort Worth. Alliance Airport started installing vinyl rail fence at its perimeter approximately nine years ago. Each year they add hundreds of feet more to the property. Three years ago my company installed a vinyl screening fence around an exclusive housing development at Eagle Mountain Lake where the lot prices start at $75,000. Due to its favorable track record and appearance, the same developer contracted with us to install another vinyl screening fence for a second development in the same area last year. Also last year we installed a vinyl screening fence around a new development in south Arlington for a different developer. This year the City of Saginaw required TXU Pipeline to install a vinyl instead of wood fence around one of their transfer centers and TXU may make this a new standard. Vinyl perimeter fences have been installed around other new developments in this part of the country including, Houston, Texas and Edmond, Oklahoma. Other parts of the country, such as Utah and Kentucky have installed vinyl fencing much longer. Vinyl fencing is continually gaining popularity. In June of this year, Nell Sperry's Gardens Magazine published an article on newer fence alternatives which featured vinyl fencing. Two years ago, Better Homes and Gardens magazine included vinyl fencing in their recommended ideas for the house of the future, and the Dallas Morning News printed an article on the benefits of vinyl fencing in their House and Garden section of the paper. Home improvement television programs, including locally produced ~, are increasingly highlighting vinyl fence as a superior fence alternative. The vinyl fence industry continues to grow and evolve with the addition of new styles and colors but the product makeup has been consistent for several years now. There are many benefits to utilizing this material for fences as seen in the attached presentation slides. Ornamental Metal Fences: Wrought iron fences provide the appearance of elegance, strength and permanence. Most people do not realize that they are a maintenance headachc until they have one. As a screening fence around a new development, the members of the community are responsible to secure the financial resources and take responsibility to maintain the fence. Many people are unaware that new ornamental metal fence products are available which do not require this continual painting and maintenance, i.e. non-welded, permacoat® steel or aluminum products. These products provide the long lasting appearance and stability desired from ornamental metal fencing--without the maintenance. That is why many commercial sites including DFW Airport, Home Depot, Wal-Mart, Disneyland, etc. now install these products instead of wrought iron. Instead of specifying wrought iron as a perimeter fence option, I suggest you utilize the more generic ornamental metal fence designation which provides for installation of newer, longer lasting products. As stated previously, other new products are continuously being introduced as viable options for long lasting fences. A few of the newcomers are: Polyclad metal privacy fencing, fiberglass fencing, polypropylene fencing, etc. Although these products have not been subjected to the test Coppell City Council Members 3 August 20, 2001 of time, they look promising. Therefore, I recommend that any updates to your fence ordinance be flexible enough to add new products as they become available and proven. While I do not believe everyone will want a vinyl fence, I do believe that those who do should be free to choose it as an option. All of the information included in these documents supports the growing acceptance and proven track record of vinyl fencing. I, therefore, propose it be added to the list of permitted fence materials in the Coppell fence regulation, as was recently done by Richardson (copy attached). In addition, if wrought iron is added to the regulation as well, I propose the reference 'ornamental metal fencing' be used which allows developers to utilize maintenance-free steel and aluminum ornamental fencing as well as wrought iron. If you have any questions or would like further information, please call my office at 972-720-9977 or 800-933-3683. President DuraFence Designs Attachments © © 0 "0 0 © 0 0 AN ORDINANCE OF THE ~T~V OW RTCWnDn=~x, ~myA~,. AMENDING TV, CONSTRUCTION-OF FENCES, OF CHAPTER 5, OF THE BUILDING CODE OF THE CODE OF ORDINANCES OF THE CITY RICHARDSON, BY AMENDING ARTICLE IV RELATING TO CONSTRUCTION 0 FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) OFFENSE; AND DECLARING AN EMERGENCY. RI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEXAS: 1. That Chapter 5 of the Code of Ordinances of the City Richardson, Texas, be, and the same is hereby amended by amending he Richardson Building Code by amending Article IV, ConstructiOn Fences, so that said Article IV shall hereafter provide as to-~it~f.- "ARTI( IV - CONSTRUCTION OF FENCES ION 1. GENERALLY Sec. 5-49. Permit 'uired. It shall be un] 1 for any person t~ construct a fence over two and on~ if (2%) feet. in height on any lot without having first brained a fence permit therefor from the Building Inspect n Department. Adequate plans and specifications, as del by the building offi- cie.X, must accompany each a ~lication for a permit. Sec. 5250. Materials. Materials permitted shall chain link. of wood, masonry or Materials prohibited are ba sheet metal, plastics, or any ot~ Sec. 5-51. Not permitted on Qire, razor ribbon, r similar material. No fence or any part of such fe~ structed upon or caused to protrude All fences must be maintained in a overhang public property. shall be con- public property. ~o. as not to RICHARDSON CODE § 6-177 ~ ~,;ec. 6.177. Standards for electrical installa- tions. Conformity of electrical installations with the :'ollowing standards shall be prima facie evidence that such installations are reasonably safe to persons and property. (1) The Nat/onal Electrical Code, 1999 edi- tion, lqFPA 70-1999, a copy of which is attached hereto and made a part of this article for all purposes, the same as if copied in full herein. (2) Types NM, NMC, and NMS cables shall be permitted only in one- and two-family dwellings and multi-family dwellings. (3) Unfused service entrance conductors eh- tering buildings shall be enclosed in rigid metal conduit, intermediate metal con- duit, wireways, auxiliary gutters, or as busways. (Ord'. No. 2889-A~ § 1(8~92), 6-22-92; Ord. No. 2979-A, § 3, 5-9-94; Ord. No. 3290-A, § 1, 5-8-00) State law reference--ApplicabilitY of National Electrical Safety Code, Vernon's'Anm Civ. St. art. 1446c, § 35(c). Sees. 6-178--6-200. Reserved. ARTICLE IV. FENCES Sec. 6-201. Permit required-' It shall be un~awfal for any person to construct a fence over 2¥2 feet in height on .any lot without having first obtained a fence pernnt therefor from the bufldinginspecl/on deparUnent, t~lequate plans and specifications, as determined by the Chief building official, must accompany each applica- tion for a permit. (Code 1966, § 5-49) Sec. 6-202. Inspection and maintenance. When any fence is completed, it must be in- spected. The building inspection department shall be notified upon completion of the fence. The chief building official will issue a card of accopt~nce if the fence complies with the provisions of this article, or it will be rejected. All fences con- structed under the provisions of this article shall be . :_,.:.~,~ o~ o~ tn comolv with the require- I merits of this article at all ~mes. Fences shall be maintained by the owner or person in charge of the property in as near as possible the condition of such fence when installed and accepted as pro- vialed herein, and shall be maintained as follows: (1) Such fence shall not be out of vertical alignment more than 20 percent. (2) All damaged, removed or missing portions of such fence shall be replaced or repaired with comparable materials of a compara- ble color to the remaining portion of such fence. (Code 1966, § 5-58; Ord. No. 3285-A, § 1, 5-8-00) Sec. 6-203. Appeals. (a) An appeal from a decision of the chief building official under the terms of this arti~l.e shall be made to the zoning board of adjustment. ' Co) .When in its judgment the public conVe- nience and welfare will be substantially served and the appropriate use of the neighboring pr.op- erty will not be substantially injnred, the zoning board of adjustment may authorize special excep- tions to the regulations provided in this article in order to permit reasonable development and im- provement of property where the literal enforce- ment of the regulations would result in an unnec- essary hardship. (Code 1966, § 5-59) Sec. 6-204. Zoning ordinance controls arti- cle. Nothing in this article shall be construed so as to amend, alter, change or reveal any provision of. the comprehensive zoning ordinance[appendix A to this Code] and in the event any provision of this. article conflicts with the comprehensive zoning ordinance, the provisions of the comprehensive zo.ing ordinance shall control. (Code 1966, § 5-60) ~. st~.ec. 6.205. Materials. ) -- ete masonry, chain link, wrougn~ are Woo~ goner ~ iron, metal tubing, vinyl, fiberglass composite o~. other materials approved by the building offici3 for exterior exposure as fence material. BUILDINGS AND BUILDING REGU~T[ONS § 6.209 Co) Prohibited materials. Materials prohibited are barbed wire, razor ribbon, sheet metal, corru- gated steel and fiberglass panel, plywood or any other similar material manufactured for other uses. ~(c) Exception· Barbed wire is permitted for fences in rear and side yards in industrial zoned districts when the following conditions are met: (1) All strands of barbed wire must be a minimum of slx feet above ground l~vel. (2) All barbed wire fences must be located a minimum of 300 feet from any residen- · tially zoned district. (Code 1966, § 5-50; Ord. No. 328~-A, § 1, 5-8-00) Sec. 6.206. Not permitted on public prop- erty. No fence or any part of such fence shall be constructed upon or caused to protrude over pub- lic property. All fences must be maintained in' a plane so as not to overhang public property. (Code 1966, § 5-51) Sec. 6-207. Certain locations, construction prohibited. (a) W/thin easements. No fence shall be located within any easement except by prior wiltten approval of those agencies having interest in such easement- (b) Electric fences. No fence erected shall be electrically charged. (Code 1966, § 5-52; Ord. No. 3285-A, § 1, 5-8-00) Sec. 6-208. ]][eight and construction require- ments. All fence heights sh,ll be measured vertically from the inside natural or mean grade el~ation of the yard. To obtain proper sight distance where an alley ami street intersect, a clear area formed by a five-foot by 20-foot triangle shall be main- t~ined so as not to cause danger to traffic by ~bstructing visibility. At the time of reconstruc- tion, existing fences with a clear ar~a ten-foot by ten-foot may maintain the ten-foot by ten-foot clear area. Topography preventing a clear view shall be removed. Sec. 6.209. single.family, duplex and' apart- merit zoned fence regulatio .ns. For single-family, duplex and apartment zones, the following regulations shall apply:. (1) Rear yard. No fence shall be constructed at a height exceeding eight feet along the rear property line. (2) Side yard. No fence shall be constructed at a height exceecLing eight feet on any side property line from the rear property line up to a point in l~e with the front wall of the building or up to the building Line, whichever is the greatest distance · from the front property line. (3) Front yard. No fence shal~ be pern~tted between the front property line and the front wall of the building unless a part of the landscaping or a decorative screen. The fence shall not exceed three feet in height and shall not create a traffic ha~.- ard. Such fencing shall be subject to the approval of the chief building official. (4) Cornerlotexceptiona On cornerlots where the rear lot line is adjacent to a side lot line of an adjoining lot, fences .may. be constructed at a height not exceeding eight feet along the side property and rear property lines except that no fence exceed- ing four feet in height, with 50 pe~..nt through vision shall be constructed within an area measured x5 feet along the rem and 25 feet measured alon~ property line adjacent to' th, the side property line street as indicated on the drawing 'ix Appendix A to the ordinauce from this sec~on derives, 'and which is on ~e the building inspectiun department an~ made a part hereof the same as if copie in full herein. Exception. Where an alley 15 feet or great~ in width intervenes between the abo~ described lots, or a natural barrier of feet or greater in widt~ exists where fenc, are prohibited such ss creeks, railroads easements, [hen a fence may be erect~ on the street side property line as ini cated on the drawing in Appends. B to P. 02 .f TOTAL P. 82 August 1t Coppell: C P.O.; Box Dear Cou 1, 2001 ity Court 9478 exas 75( ncil Merr 19 I amiwfit], '~!g this le~er to request that Article 9-2-7 of the Coppe.ll_(~jty ..~C~e. up~'~ allow v~nyl fencing in the city. Coppell is only one of ~ crees, m me meEople~ area whbse code does not permit this newer fencing o~)tion.' I Vinyl fen( lng can ~ rovide several benefits to the city as well as its citizens. Frofa an ~=~hetic x)int of view, these fences do not rot, deterior~ .te; ~ discolor. From a c ~nsumer'= point of view, vinyl fencing yields a savings ol,time;and morley '~ ~aintain lg .one's property. " ,,.. the co< · was written, materials such as vinyl were not rea ..<:~ ~n the mt rket as a fencing option. Over time, new altem!¢ve ~aterials e their w ~y into the marketplace and are more accessi ,l~Jle, to '!he averag consume~ due consideration be given to changing the C~pel, !!iCity umers the benefit of having more options in ch ;noes and the right of allocating some of their ~oSttrnportant d money in a manner they see fit. ' Micll~el vasquez Dr. :)cas 75l)19 'available havie' mac I strongly ~urge that . Co(~e t0 ~low con,, malJedals Ifor their resourceS- time a 801! :Cran4 DURAFENCEDESIGNS August 20, 2001 Dear Coppell City Council Members, Subject: Request to Update the City of Coppell's Fence Regulation Most cities in the Metroplex do not specify an exhaustive list of 'permitted fence materials' in their fence codes. They primarily identify prohibited items which are typically safety hazards or reduce property values, such as barbed wire or corrugated fiberglass or metal sheets. Some newer city codes define an acceptable fence as 'any material specifically manufactured and sold for fence installation.' With the increasing addition of new fence products, it is difficult for cities with limited resources to monitor all of those available. This presentation is specifically intended to request the addition of vinyl fences to the permitted fence material list in your fence regulation; hewever, your current regulation does not even list wrought iron as a permitted material. As I have seen this type of fence around Coppell, it might be worthwhile to consider a more broad update to your regulation. Maintenance-free equivalents also exist for wrought iron and information on these is also included. As with all building materials, product improvements evolve over time. Wood shingles are now replaced by composites, aluminum or other manmade materials. Wood garage doors are replaced by metal ones. Aluminum screen doors are replaced by glass ones. Wood siding on homes is often replaced with brick, vinyl and/or newer concrete materials. Railroad tie and landscape timber retaining walls are now replaced by Pavestone or similar stone walls. The fence industry is now introducing numerous and better alternatives to traditional fence materials. As such, I believe this is the most exciting time in history to be a part of the fence industry. For decades, new developments in fence products were simply characterized by treated or untreated wood or different sealants or stains. Apparently, many consumers grew weary of the limited life and diminishing value of existing products which has prompted a change in products offered by the industry. This is exemplified by the number of new companies at the fence convention each year displaying their new additions to the attractive, durable fence product lines. The increased usage of the Internet for information has enabled homeowners to learn more about products available to them which can improve their lifestyle thus, contributing to the growing inquiries for vinyl and other newer types of fence materials. These changes in the industry make it more critical for city's to review fence materials and update their codes to provide residents and business owners the right to choose the best fence option for their situation. Following is additional information on vinyl and ornamental aluminum fencing: Vinyl Fences: Vinyl fencing was introduced in the late 1970's and continues to grow in popularity. There are five primary vinyl fence manufacturers leading this part of the fence industry and numerous smaller companies are added to their ranks each year as sales of this fence product continues to grow at a significant 15-20 percent per year. The major manufacturers typically offer the purchaser a 20 year to lifetime warranty against material defects including yellowing, cracking, etc. The vinyl material utilized in the vinyl fence is a hybrid polyvinylchloride that has been treated to resist ultraviolet light and impacts. The benefits of vinyl fencing far exceed that of wood (see comparison sheets in presentation) and to some people is considered a more favorable neighborhood perimeter fence than a brick wall. Vinyl fencing does not ret or provide food for termites or carpenter ants. It is classified as self-extinguishing and does not fuel rites. It does 15245 Addison Road Addison, Texas 75001-4553 972.720.9977 800.933.3683 Fax 972.720.9980 Coppell City Council Members 2 August 20, 2001 not have splinters to cut children's hands and is more difficult for them to climb to escape a backyard! The interlocking design eliminates the need for nails or screws which rust and puncture hands. It also provides a lasting sturdy fence that holds up well in windstorms without losing strength over its installed life. Another benefit of vinyl fencing is that if a section must be replaced for some reason, the vinyl color will be almost identical. New wood never looks like aged wood and bricks from different lots rarely match. The ranch style rail fence was the first vinyl style to gain acceptance around new development perimeters for ranch-style acre tracts and is now often the required fence material for new homeowners in these developments, several of which are located north of Fort Worth. Alliance Airport started installing vinyl rail fence at its perimeter approximately nine years ago. Each year they add hundreds of feet more to the property. Three years ago my company installed a vinyl screening fence around an exclusive housing development at Eagle Mountain Lake where the lot prices start at $75,000. Due to its favorable track record and appearance, the same developer contracted with us to install another vinyl screening fence for a second development in the same area last year. Also last year we installed a vinyl screening fence around a new development in south Arlington for a different developer. This year the City of Saginaw required TXU Pipeline to install a vinyl instead of wood fence around one of their transfer centers and TXU may make this a new standard. Vinyl perimeter fences have been installed around other new developments in this part of the country including, Houston, Texas and Edmond, Oklahoma. Other parts of the country, such as Utah and Kentucky have installed vinyl fencing much longer. Vinyl fencing is continually gaining popularity. In June of this year, Nell Sperry's Gardens Magazine published an article on newer fence alternatives which featured vinyl fencing. Two years ago, Better Homes and Gardens magazine included vinyl fencing in their recommended ideas for the house of the future, and the Dallas Morning News printed an article on the benefits of vinyl fencing in their House and Garden section of the paper. Home improvement television programs, including locally produced Your New House, are increasingly highlighting vinyl fence as a superior fence alternative. The vinyl fence industry continues to grow and evolve with the addition of new styles and colors but the product makeup has been consistent for several years now. There are many benefits to utilizing this material for fences as seen in the attached presentation slides. Ornamental Metal Fences: Wrought iron fences provide the appearance of elegance, strength and permanence. Most people do not realize that they are a maintenance headache until they have one. As a screening fence around a new development, the members of the community are responsible to secure the financial resources and take responsibility to maintain the fence. Many people are unaware that new ornamental metal fence products are available which do not require this continual painting and maintenance, i.e. non-welded, permacoat® steel or aluminum products. These products provide the long lasting appearance and stability desired from ornamental metal fencing--without the maintenance. That is why many commercial sites including DFW Airport, Home Depot, Wal-Mart, Disneyland, etc. now install these products instead of wrought iron. Instead of specifying wrought iron as a perimeter fence option, I suggest you utilize the more generic ornamental metal fence designation which provides for installation of newer, longer lasting products. As stated previously, other new products are continuously being introduced as viable options for long lasting fences. A few of the newcomers are: Polyclad metal privacy fencing, fiberglass fencing, polypropylene fencing, etc. Although these products have not been subjected to the test Coppell City Council Members 3 August 20, 2001 of time, they look promising. Therefore, I recommend that any updates to your fence ordinance be flexible enough to add new products as they become available and proven. While I do not believe everyone will want a vinyl fence, I do believe that those who do should be free to choose it as an option. All of the information included in these documents supports the growing acceptance and proven track record of vinyl fencing. I, therefore, propose it be added to the list of permitted fence materials in the Coppell fence regulation, as was recently done by Richardson (copy attached). In addition, if wrought iron is added to the regulation as well, I propose the reference 'ornamental metal fencing' be used which allows developers to utilize maintenance-free steel and aluminum ornamental fencing as well as wrought iron. If you have any questions or would like further information, please call my office at 972-720-9977 or 800-933-3683. President DuraFence Designs Attachments (D (D © 0 III © © 0 0 © © AN ORDINANCE OF THE CT~¥ Ow PrCN~Dnc~, T~YAg, AMENDING TV, CONSTRUCTION-~F FENCES, OF CHAPTER 5, OF THE RDSON BUILDING CODE OF THE CODE OF ORDINANCES OF THE CITY RICHARDSON, BY AMENDING ARTICLE IV R~LATING TO CONSTRUCTION O FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) OFFENSE; AND DECLARING AN EMERGENCY. RI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: 1. That Chapter 5 of the Code of Ordinances of the City Richardson, Texas, be, and the same is hereby amended by amending he Richardson Building Code.by amending Article IV, ConstructiOn Fences, so that said Article IV shall hereafter provide as , to-~i~-f.- "ARTI( IV - CONSTRUCTION OF FENCES ~ION 1. GENERALLY Sec. 5-49. Permit uired. It shall be un] fence over two and one lot without having first from the Building Inspect and specifications, as det~ cia.l, must accompany each a Sec. 5250. Materials., for any person t~ construct a if (2%) feet. in height on any ~d a fence permit therefor Department. Adequate plans by the building offi- ~iication for a permit. Materials permitted shall chain link. of wood, masonry or Materials prohibited are b~ 'Qire, razor ribbon, sheet metal, plastics, or any r similar material. Sec. 5-51. Not permitted on )ubli~ No fence or any part of such structed upon or caused to protrude All fences must be maintained in a overhang public property. shall be con- public property. ~o. as not ~o § 6-177 RICHARDSON CODE ;ec. 6-177. Standards for electrical installa- tions. Conformity of electrical installations with the ~ollowing standards shall be prima facie evidence that such installations are reasonably safe to persons and properOf. (1) The National Electrical Code, 1999 edi- tion, NFPA 70-1999, a copy of which is attached hereto and made a part of this article for all purposes, the same as if cop/ed in full herein. (2) Types NM, NM.C, and NMS cables shall be permitted only in one- and two-fomilY dwellings and multi-family dwellings. (3) Unfused service entrance conductors eh- tering buildings shall be enclosed in rigid metal conduit, intermediate metal con- duit, wireways, auxiliary gutters, or as busways. (Ord'. Bio. 2889-A, § 1(8-92), 6-22-92; Ord. Bio. 2979-A, § 3, 5-9-94; Ord. No. 3290-A, § 1, 5-8-00) State law reference-Applicability of National Electrical Safety Code, Vernon's'Ann. C~v. St. art. 1446c, § Secs. 6-178--6-200. Reserved. ARTICLE IV. FENCES Sec. 6-201. Permit required. It shall be u~awful for any person to construct a fence over 2¥~- feet in height on any lot without having first obtained a fence permit therefor from the building inspection departmen~ Adequate plans and specifications, as determined by the Chief building official, must accompany each applica- tion for a permit. (Code 1966, § 5-49) Sec. 6-202. Inspection and maintenance. When any fence is completed, it must be in- spected. The building inepection department shall he notified upon completion of the fence. The chief building official will issue a card of acceptance if the fence complies with the previsions of this article, or it will be rejected. All fences con- structed under the provisions of this article shall be --:-'~:~ so as ~- o. omolv with the require- I ments of this article at all times. Fences shall be maintained by the owner or person Lq charge of as near as possible the condition of the property in accepted as pro- such fence when installed and vided herein, and shall be maintained as follows: (1) Such fence shall not be out of vertical alignment more than 20 percent. All damaged, removed or missing portions (2) be replaced or repaired · of such fence shall with comparable materials of a compara- ble color to the remaining portion of such fence. (Code 1966, § 5-58; Ord. No. 3285-A, § 1, 5-8-00) Sec. 6-203. Appeals. (a) An appeal from a decision of the chief building official under the terms of this arti~e shall be made to the zoning board of adjustment. ' (b) When in its judgment the public conve- nience'and welfare will be substantially served and the appropriate use of the neighboring ProP' erty will not be substantially injured, the zoning board of adjustment may authorize special excep. fions to the regulations provided in this article in order to permit reasonable development and im- provement of property where the literal enforce- ment of the regulations would result in an unnec- essary hardship. (Code 1966, § 5-59) Sec. 6-204. Zoning ordinance controls arti- cle. Nothing in this article shall be construed so as to amend, alter, change or repeal any provision of the comprehensive zoning ordinance[appendix A to this Code] and in the event any provision of this article conflicts with the comprehensive zoning ordinance, the provisions of the comprehensive zoning ordinance shall control. (Code 1966, § 5-60) (a) Permitted materials. Materials permit-t_edi are wood, concrete, mssonry, chain link, wroughtI iron, metal tubing, vinyl, fiberglass composite o~. other materials approved by the building offici1 for exterior exposure as fence material. '(b) Prohib!ted materials. Materials prohibited~ are barbed wtre, razor ribbon, sheet metal, corfu- any gated steel and fiberglass panel, plywood or Lusf r similar material manufactured for other s. (c) Exception. Barbed wire is permitted for fences in rear and side yards in industrial zoned districts when the following conditions are met: (1) All strands of barbed wire must be a(2) minimum of six feet above ground ldvel. (2)All barbed wire fences must be located a minimum of 300 feet from any reaiden- · tia~y zoned district. (Code 1966, § 5-50; Ord. No. 328~-A, § 1, 5-8-00) Sec. 6-206. Not permitted on public prop- erty. Bio fence or any part of such fence shall be constructed upon or caused to protrude over pub- ]lc property. All fences must be maintained in a plane so as not to OVerhang pub]lc property. (Code 1966, § 5-51) Sec. 6-207. Certain locations, construction prohibited. (a) W~thin eazements. Bio fence shall be located within anY easement except by prior written approval of those agencies having interest in such easement. (b) E/ectric fences. Bio fence erected shall be electrically charged. (Code 1966, § 5-52; Ord. Bio. 3285.A, § 1, 5-8-00) Sec. 6-208, Height aud construction require- ments. All fence heights shall be measured vertically from the inside natural or mean grade elevation of the yard. To obtain proper sight distance where an aUey and street intersect, a clear area formed by a five-foot by 2~foot triangle shall be main- rained so as not to cause danger to traffic by obstructing visibility. At the time of reconstruc- tion, existing fences with a clear aLea ten-foot by ten-foot may maint~_in the ten-foot by ten-foot clear area. Topography preventing a clear view shall be removed. .... ^.a xT~ ooo~._a g 1 § 6.209 Sec. 6-209. Single-family, duplex and'apart- merit zoned fence regulatio .ns. For single-family, duplex and apartment zones, the following regulations shall appl~. Rear yard. No fence shall be constructed at a height exceeding eight feet along the rear property lins. Side yard. No fence shall be conztructed at a height exceeding eight feet on any side property line from the rear property line up to a point in line with the front wall of the building or up to the building line, whichever is the greatest distance .from the front property line. (3) Front yard. No fence shall be permitted between the front property line an~! the_ front wan of the building unless a part of the landscaping or a decorative screen. The fence shall not exceed three feet in height and shall not create a traffic haz- ard. Such fencing shall be subject to the approval of the chief building official. (4) Corner lot exceptiona On corner lots where the rear lot line is adjacent to a aide lot line of an adjoining lot, fences may be constructed at a height not exceeding eight feet along the side property and rear property lines except that no fence exceed- fou feet in h ght, with 50 pe??t through vision shall be constructed within an area measured 15 feet along the re~ property line and 25 feet measured alen[ the side property line adjacent to'th~ street as indicated on the drawing 'i~ Appendix A to the ordinance from whicl this sec~on derives, and which xs on file u the building inspection .department an, made a part hereof the same as if copi~ Exception. Where an alley 15 feet or grea~ in width intervenes between the abo~ descnq~l lots, or a natural barrier of ] feet or greater in width exists where reno are prohibited such as creeks, railroads' easements, then a fence may be erect~ on the street side property line as in/ cated on the drawing in Appendix B to ti Bufftech is recognized thlvughout the world as the leading brand of vinyl fence, deck and railings. Utilizing state-of-the-art co-extrusion technology, Bufftech produces premium vinyl fence and railing systems. This allows a higher concentration of UV protection in the outer cap, while providing for excellent impact resistance in the interior material. These layers cannot separate. Bufftech's vinyl p~vducts have an appearance that is significantly superior to other fence plvducts. Vinyl offers durability, longevity and beauty that will outlast and outperform most other types offence, deck and railing materials. Envitvnmentally safe, recyclable and non- toxic, Bufftech's virtually maintenance-fi'ee vinyl p~vducts have excellent weathering properties. Bufftech offers a wide selection of quality vinyl products to meet your design and construction requirements. Ou~ Lifetime non-prorated limited Warranty is ~.as,~ ,,,n~eofquality. i' Traditional Bufftech's Traditional style fence is durable yet elegant. It creates an ambience of nostalgic style, combined with good old-fashioned American craftsmanship. This virtually maintenance-free vinyl is impervious to weather and it will not chip, fade, crack or rot. It does not need painting, allowing you to enjoy its classical appearance year after year. Bufftech's wide selection allows you to choose a fence to meet your needs. See the chart below to select the picket width, cap and spacing you prefer, in addition to straight or concave. Yorkshire Heights: Y & 4', straight and concave 5' concave Color: white only t1111111111111111 Colonial Heights: 3' & 4', straight and concave 5' concave Color: white only Hudson (Concave) Heights: 3' & 4', straight and concave Color: white only Select the style of your choice: 10 12 3" 3" Plymouth Colonial Nantucket Cape Cod 14 19 3" 1-1/2" N/A Hudson Providence* Charleston Chesapeake Yorkshire N/A N/A ,/ d N/A ,/ ,/ ~' ,/ d' ,/ N/A N/A *'Meets BOCA Pool Codes "Pinched" Picket "Pointed" Cap "Dog Ear" Cap Bufftech's Contemporary fence desi~s meet the needs of today's demanding lifestyles. A durable, yet virtually maintenance-free fence adds value and aesthetic appeal to any property. Many of the styles and heights meet most pool codes. (Check with your local authority before ordering). Heights: 3'&4'. Colors: white, tan or grey. Heights: 5' & 6' heights include mid-rail (see inset). Colors: white, tan or grey. · Heights: 3', 4', 5' & 6'. 5' & 6' heights include mid-rail (see inset). Colors: white, tan or grey. Semi-private fences from Bufftech meet most local pool codes. These unique designs provide a visual screen while permitting air flow. The fences combine an attractive appearance with the functional safety benefit of no splinters, nails or sharp edges. Heights: 3',4', 5' & 6'. 5' & 6' heights include mid-rail (see inset). Colors: white, tan or grey. Heights: 3' &4'. Colors: white, tan or grey. Popular style fencing with a twist - Add extended pickets to our fencing to create a visually Countess Heights: 3', 4', 5' & 6'. 5' & 6' heights include mid-rail (see inset). Colors: white, tan or gray. striking scalloped effect Height: scalloped) 3' & 4' (straight & ~ Color: white only Privacy Privacy fences from Bufftech allow you to enjoy the benefits of a good neighbor fence; both sides look the same. Forget painting or staining. You'll enjoy this investment for years to come. Sturdy construction, long-lasting quality and classic style are the hallmarks of Bufftech Post & Rail fencing. Surround your valuable property and livestock with fencing that is economical, durable, safe and virtually maintenance-free. Norfolk B ~: :~":~ !'- ' Heights: ~i "'.~..~: ~:~"~ '~ ·. Styl~: 4', 5' & 6'. I~ ~ 2, 3 or 4 Rail ~d Crossbuck. 5' & 6' heights include ~4~ Colom: mid-rail (see inset). ~'~ ~'~ w~te, m or ~ey. Dimond Colors: ~s R~I (~e ~ ~low) white or tan. Also syllable syllable in 2 or 3 R~I with La,ice Accent (white (w~te only.) only) or Victofi~ Accent b u c k Height: 6' (5 + ]). Winchester Combine privacy fencing with a traditional soft woodgrain look (see inset). The result is Bufftech's latest privacy fence. The "Winchester" unique construction allows installation on slopes up to 5°. Heights: 5' & 6' Color: woodgrain only Norfolk Heights: 5'& 6'. 7' & 8' heights for Galveston (not shown). Colors: white or tan. Post & Rail Woo~gtain Desert Tan 2, 3 &4Rail Color: woodgrain only Chesterfield Tongue & Groove Pickets. allows for racking up to 50. Heights: 5' &6'. Colors: white, tan or grey. Lattice Accent Victorian Accent (white, tan or grey). Norfolk with Accent Height: 6'(5 + 1). Colors: Lattice Accent (white only) Victorian Accent (white or Bufftech's revolutionary vinyl railings give you classic beauty. The same technology that made vinyl siding the choice of builders and homeowners now sets you free from the constant repair and maintenance of railings. Functional as well as beautiful, these railing systems meet BOCA, SBC and UBC codes. For additional information on vinyl railing and deck, refer to Bufftech's individual railing and deck brochures. ~ Heights: ~ Y& 3-1/2'. ~l~ Essex & Century styles available with 2 x 4 top rail. Colors: white, tan or grey Fairmont & Olympia styles available with "T" top handrail. Essex & Fairmont use 7/8 x l-1/2 pickets. Century & Olympia allow you a choice of 1-1/4" pickets, spindles or balusters. Deck Bufftech's new contemporary deck is a smart alternative to the traditional wood deck. The innovative slip resistant surface is non-splintering while providing the safety benefits of no nails or sharp edges. Colors: white, tan or grey Its as Easy as One...Two...Three! Deck Components: · ~r..'!?'¢::'' ~k Fill Pieces ":~ i Deck End Covers Bufftech decks offer durability, longevity and beauty that will outlast and outperform wood deck systems. · Simple yet secure installation , No rotting, warping, or splintering , Never needs sealing, staining or painting · Cool to-the touch surface · Complements Bufftech's railing systems Line up Deck Planks and screw fasteners in place with Quick Drive® Deck Screw Gun, available exclusively from Bufftech. Snap Deck Fill Pieces into place. Fill Pieces even out the surface while concealing the fasteners. Slip Deck End Covers over exposed deck plank ems. End Covers provide a smooth, finished edge. For an additional finishing touch, fascia boards are available. uick Drive*is a registered trademark of Quick Drive U.S.A. Inc. ~re information we can be by Phone, Fax or Website 10-333-0569 716-685-1172 www.certainteed.com/fencing/bufftech Bufftech Fence Systems Data Style Traditional Series (10 Picket) Chesapeake (Dog Ear Cap) Nantucket (Pointed Cap) Plymouth (Pinched Top) (12 Picket) Cape Cod (Pointed Cap) Colonial (Pinched Top) Providence (Pointed Top) Yorkshire (Dog Ear Cap) (14 Picket) Providence (Pointed Top) (19 Picket) Charleston (Pointed Cap) Hudson (Pinched Top) Baron Manchester Picket Section Width Picket Size Spacing (Nominal) 7/8" x 3" 3-7/16" 72" 7/8" x 3" 3-7/16" 72" 7/8" x 3" 3-7/16" 72" 7/8' x 3" 2-7/16" 72" 7/8" x 3" 2-7/16" 72" 7/8" x 3" 1-3/4" 72" 7/8" x 3" 2-7/16" 72" 7/8" x 3" 1-3/4" 72" 7/8" x 1-1/2" 2" 72" 7/8" x 1-1/2" 2" 72" 7/8" x 3" 3-7/8" 90" 1-1/2" x 1-1/2" 1-11/16" 90" Monarch Princeton Victorian Semi-private Series Columbia Countess imperial Privacy Series Norfolk* Norfolk I* Chesterfieid*/Winchester Galveston* ~yia Post & Rail Crossbuck 7/8"x 1-1/2", 7/8"x 3" 3-5/16" 90" 7/8"x 1-1/2" 1-3/4" 90" 7/8"x 1-1/2" 3-5/8" 90" 7/8"x 6" 5-1/8" 90" 7/8"x 1-1/2",7/8"x 3" 2" 90" 7/8"x 3" 9/16" 90" 7/8" x 6" Ribbed N/A 90" 7/8" x 3" N/A 90" 7/8" x 7" Tongue & Groove N/A 90" 7/8" x 6" Ribbed N/A 90" Posts Rails 5 x 5 square l-l/2" x 5-1/2" Ribbed, 2" x 6" Ribbed or Hollow, 8' or 16' lengths 5 x 5 square 1-1/2" x 5-1/2", 2" x 6" Ribbed Diamond Rail 5 x 5 square Y' x 3", 12' lengths (6' on center) Rails Steel Reinforcement (Rail)** 1-3/4" x 3-1/2" x 72" 1-3/4" x 3-1/2" x 72" 1-3/4" x 3-1/2" x 72" 1-3/4" x 3-1/2' x 72" t-3/4" x 3-1/2" x 72" 1-3/4" x 3-1/2" x 72" 1-3/4' x 3-1/2" x 72" 1-3/4" x 3-1/2" x 72" 1-3/4" x 3-1/2" x 72" 1-3/4" x 3-1/2" x 72" None None None None None None None None None Noqe 1-3/4' x 3-1/2" x 90" 2" x 6" x 90" Bottom 3" x 3" x 90" Top I-3/4" x 3-1/2" xg0" 1-3/4" x 3-1/2" x 90" 1-3/4" x 3-1/2" x90" Bottom Bottom None Bottom Bottom Bottom 3-1/2" x 3-1/2" x 88" 1-3/4" x 3-1/2" x 90" 1-3/4" x 3-1/2" x 90" Bottom (Aluminum) Bottom Bottom 1-1/2" x 5-1/2" x 88" (Ribbed) I-1/2" x 5-1/2" x 88" (Ribbed) 1-1/2" x 5-1/2" x 88" (Ribbed) 2" x 6" x 88" (Ribbed) Bottom Bottom Bottom Top, Mid, Bottom Gatas Available in widths up to 8' Maximum double drive gate width 16' Available in 8' width Maximum double drive gate width 16' Available in widths up to 8' Maximum double drive gate width 16' ~g[{it'~[~ ~i~ii)~!; Picket Sectio. Width Aluminum Railing Picket Size Spacing (Nominal) Rails Reinforcement Century 1-1/4" x 1-1/4" 3-3/8" 72" & 96" 1-3/4" x 3-1/2" x 72" or 96" Top & Bottom Top & Bottom Essex 7/8" x 1-1/2", 3-7/16" 72" & 96" 1-3/4" x 3-1/2" x 72" or 96" Top & Bottom Heavy Wall Top & Bottom Fairmont 7/8" x 1-1/2", 3-7/16" 72" & 96" 3" x 3-1/2" x 72" or 96" Top & Bottom "T' Shaped Top Rail Heavy Wall Olympia 1-1/4" x 1-1/4" 3-3/8" 72" & 96" 3" x 3-1/2" x 72" or 96" Top & Bottom "T" Shaped Top Rail Intermediate rails: All 5' & 6' heights have an additional mid-rail with same dimensions as top/bottom rails (except "Chesterfield/Winchester" & "Traditional"- no brace, "Norfolk", "Norfolk I" which have 7~8" x Y' braces). Posts: All 3' & 4' high fences available with true 4 x 4 posts except Manchester (5 x 5 posts). AIl 5', 6', 7' & 8' high fences available with 5 x 5 posts. Caps: Choice of Flat, Gothic, New England or Ball. * Lattice & Victorian Accents available. ** Standard for bottom rails where noted. Optional for top rails. Aluminum channel available and recommended for high corrosion areas. Part I - General 1.01 Work Included A. Fence sections including pickets. rails, posts, and caps B. Gates and related hardware C. Excavation and anchorage for posts 1.02 Related Sections A. Section 02200- Earthwork B. Section 03300- Cast-In-Place Concrete 1.03 Quality Assurance A. Cell classification - ASTM D1784 - 14344B B. Tensile Strength - 6,500 PSI - ASTM D638 C. Izod Impact (Ft. lbs/in notch) 23°C - 5.0 0°C- 2.0 - ASTM D256 D. Tensile Modulus 425,000 PSI- ASTM D638 E. Deflection Temperature 67°C- ASTM D648 E Thermal Expansion 3 x 10-5 in/in F 1.04 Submittals A. Manufacturer's technical literature with fence and gate installation instructions B. Shop drawings showing fence design C. Material samples if requested Posts Profile Dimensions cross seetlon Wall Thickness Center Radius 4" x 4" 0.140" 11/32" 5" x 5" 0.135" Standard Wall 3./8" 5" x 5" 0.170" Heavy Wall 3,/8" Rails I t/Tx I 1/2" 0.120" 7/32" I 3/4" x 3 1/2" 0.100" 13132" Y' x 3-1/2" "T' Rail 0.095" t3/32" 2"x 6" Hollow 0.125" 5/16" 1 1/2" x 5 I/2" Ribbed 0.090" 11/32" 2" x 6" Ribbed 0.090" 5/16" 3" x 3" 0.110" 5/16" 3-1/2" x 3-1/2" 0.115 3/8" Pickets 7/8" x I 1/2" 0.060" 3/16" 7/8" x I-UT' Heavy Wall 0.090" 3/16" 7/8" x 3" 0.060" 3/16" 7/8" x 6" Ribbed 0.060" 3/16" 7/8" x 7" Tongue & Groove 0.060" 1/16" 1-1/2" x I-I/2" 0.060" 7/32" Part 2 - Products 2.01 Material A. The fence is constructed with materials made of rigid Poly Vinyl Chloride (PVC) formulated to resist impact and for Ultra Violet (UV) stabilization B. The extruded product meets or exceeds ASTM D1784 2.02 Manufacturer A. Buffiech 2525 Walden Avenue, Buffalo, New York 14225 2.03 Compenents A. Rails, Pickets, Posts 1. Are cut to specific lengths as required for style specified 2. Rails are muted to receive pickets 3. Posts are routed to receive rails at correct heights B. Stiffener Channel 1. Bottom rails for residential and commemial applications contain steel minfoming for additional strength. Refer to style chart. Aluminum channel available upon request C. Post Caps 1. Caps are PVC molded 2. External fit flat, gothic & ball styles for true 4" x 4" and 5" x 5" posts 3. Internal flat cap available for standard wall 5" x 5" posts and 4" x 4" posts Part 3 - Execution 3.01 Installation A. Bufftech fence installations feature line posts set in concrete. End and gate posts reinforced with 2 - ~4 reinforced rebar and cement mix B. Alternate post mounting methods are available. Mounting brackets are provided for special conditions * Inquire about Bufftech's "EZ Spec" System 2 "x 6" RAIL I 6" / 5/16" R ~ ~ 0.0~0" wall thickness 2" x 6" RAIL(RIBBED} 51~" . /32" R I I/2" x 5 I/T' RAIL{RIBBED} 3 1/2_" "T" RAIL - 3t/2-" - 3/8"R O. II5" wall 3 I/2"X 3 I/2" RAIL 0.110" wall thickness RAIL D. Gates 1. Constructed from rigid PVC with reinforcement 2. Gates are designed to match fence section. All hardware and bracing is included E. Hardware for Residential/Commercial Styles 1. Self-closing hinge: a. Reinforced nylon structure b. Unit has self-closing capabilities c. Hinge is adjustable to relieve sag or misalignmont problems d. Mounts on two sides of post for s~ngth and stability 2. Nuts, Bolts, Washers and Screws: a. Stainless steel b. Screw heads are painted black to match hinge c. Black acorn nuts and washers are used for safety and aesthetics d. Screw heads are covered using a IB/stabilized, molded two pan snap cap system e. Contact manufacturer for Post & Rail hardware 2.04 Warranty Manufacturer's Warranty: Lifetime non-prorated limiled warranty applies to original homeowner/consumer, or 30 year non-prorated limited warranty applies to commemial applications. 7/'8" x 7" TONGUE & GROOVE 6" ~[ 3/16" R 7/8" x 6" PICKETtRIBBED) 7/8" x Y' PICKET I.J Ihickness _~~7/32" R 0.120" mi I [ _ I L~ wall thickness I I;2" II~1 i~ 0.060' picot I I/2" x I I/2" RAIL ~---I 1/4'-~ 5/32"R t ti4." I I --,-I ~--O. 105" wall I 1/4" x I I/4" PICKET 1~11/'2"~ 3/16"R thickness 7/8" x I I/2" PICKET 0.O9~ heavy wall thickness thickness JJ I 3/4~ x 3 I/2" ( NOM 2 x 4) RAIL 4" x 4" POST 0.140" wall thickness 11/32" R O.17ff' heavy wall Ihiclmess O, 135" standard wall thickness 5" x 5" POST 3/8" R Bufftech, established in 1979 in Buffalo, New York, was one of the earliest pioneers of the vinyl fencing business. In 1996, Bufftech was acquired by CertainTeed Corporation, headquartered itt Valle), Forge, Pennsylvania. CertainTeed is a world leading manufacturer of building materials with a major commitment to vinyl p~vducts such as siding, windo,,s, pipe and no,, fence, railing and deck. In addition to owning a PVC resin manufacturing facility, CertainTeed has 23 other manufacturing facilities in North America employing over 6,000 people. The union of Bufftech and CertainTeed provides high levels of confidence with customers due to capital resources, state of the art research facilities as well as manufacturing and distribution sites throughout the United States. Bufftech's vinyl systems are offered in a wide variety of styles and heights. These styles include full privacy fences up to 8' tall, semi-privacy, traditional picket, contemporary picket, and post & rail fences. Railing systems are available with a choice of top rails and a variety of pickets, spindles and balusters. Bufftech deck systems offer the easy care, easy to install, environmentally fi'iendly alternative to wood. CertainTeed provides a Lifetime non-prorated limited Warranty on all Bufftech products. Be assured that your selection of Bufftech, a quality brand of CertainTeed, is an excellent one. · 2525 Walden Ave. Buffalo, NY 14225 716-685-1600. 800-333-0569 Fax: 716.685-1172 http://www, cerlainteed.com/fencing/bufftech DuraFence Designs "Specialty Fences of Lasting Value" Local Dallas: 972.720.9977 Non-Local: 1.800.933.3683 FAX: 972.720.9980 TM RESIDENTIAL FENCING Maintenance-Free Permacoat ~ Finis~ II!,;~fl AMErdSTA~® "CONSUMERS REVOLT" ~our Town, USA ~ Consumers, tiring of conventional fences such as chain link and wood, are turning in ever increasing numbers to ornamental fencing to realize a better value for their home and property. e~ae light residential chain link fencing on the market today is considered more of a "temporary" solution. Most wood fences must be stained every two to three years or they fade to an unsightly gray and must be replaced in five to fifteen years. Poly-vinyl-chloride (PVC) fences being in- stalled in some markets are simply too light for normal residential use. e~ last, quality has been raised to exceed the consumer's expectations; to reach the quality level the consumer desires, beyond the level he or she must normally settle for. Because of new manufacturing technology and vast improvements in protective coating application, high-strength, maintenance-free ornamental fencing is available at truly affordable prices. This is why consum- ers today are making the wise choice: investment in an ornamental fence that will enhance the landscape it surrounds and increase the value of the property being enclosed. ir Page 2 CONSUMERS CHOOSE AMERISTAR ~ is not by accident that Ameristar has become the largest manufacturer of ornamental fencing in the world; it has happened by consumers choosing Ameristar ornamental fencing over the multi- tude of other alternatives. These informed consumers are asking the right questions: 1. Is it steel? Only steel will provide the strength needed for today's residential fences, where consumers expect the fence to protect the safety of children within and to provide security from unwanted entry by the casual trespasser. Compare the strength (see Table 1 on Page 8). Ameristar's AegisTM steel is three times stronger than the ultra-light aluminum fences being offered by every other ornamental aluminum manu- facturer. 2. I~gal~mnized? Strength must be coupled with necessary surface protection to be able to provide a maintenance-free finish. Welded ornamental steel fences are frequently fabricated from plain carbon steel. Rapidly resting surfaces will require painting every two years (see Table 2 on Page 8). 3. Is it double-coated? Consumers are being bombarded with a multitude of different finishes for ornamental fence. It is important that the protective finish contains both a zinc-rich base coating such as Ameristar's zinc-rich epoxy powder coat as well as a UV-resistant finish coat such as Ameristar's "no-mar" polyester powder coat. THE DECIDING'DIFFERENCE e,~e "x-factor" that truly separates Ameristar f~m all the other choices is in it's special proprietary "Forerunner" rail system with its internal retaining rod. 4 WALLS OF STEEL U~l~arUlel~d pa,,d strength NO EXTERIOR FASTENERS Beauti[ul 'Good-Neig]abor' appeara~ace ~ Ameristar's Customer Service at 1-888-333-3422 for further information or to inquire about distributors near you. Page 3 CLASSIC O~raditional spear-pointed picket ex- tends through the ForertmnerTM top rail to form the popular Classic design. The picket spear is formed with a 3/8" di- ameter rounded tip rather than a sharp point. Page 4 AEGISTM ef~othing matches the elegance of ornamental fencing. ~othing matches the strength of steel ornamental fencing. ~othing matches the finish of PermacoatTM double coating. ~nly with AegisTM can you get all of these in one fence. ~e elegant look of the Majestic design lends to its appeal in a wide variety of applications ranging from neighbOrhood residential perimeters, to pool enclosures, to apartment and condo- minium access control. Check your local pool code for com- pliance prior to ordering. COMPARE THE STRENGTH Profile of Architectural Shape of the Rail Weight (LBSlFT) Fy -- Yield Strength (PSI) PVd -- Vertical Design Load (LBS) PVh -- Horizontal Design Load (LBS) Conclusion: :c,:cr~--~o~?r~ U-Channel (Steel) (Aluminum) F-~'w~u- .o~.1 j-~ 1.22 .27 50,000 35,000 155 53 170 77 Panel will withstand center span climbing loads of 465 Lbs. compazed to 159 Lbs. for aluminum. SALT C~?,AY TESTING ASTM B-117 -- -~,F"oo~-. -- - Paint over 200 Hrs. Primer & Paint 100 Hrs. welded steel over welded steel Distributed by: DuraFence Designs "Specialty Fences of Lasting Valueu Local Dallas: 972.720.9977 Non-Local: 1.800.933.3683 FAX: 972.720.9980 I,¢erial Colonial AluminumTM Imperial style is an outstanding value because of quality construction, durability, numerous options and affoMable pricing· Imperial style fences and gates provide an exceptional ornamental picket fence system. Imperial is an ideal choice for use where elegant simplicity is desired. As with all Colonial Aluminum fences, the pickets are spaced less than 4" apart. Imperial - Imperial - 3 horizontal rails 3 horizontal rails with 1 row of rings Estate Flat Top with 1 row of rings Estate Flat Top - 3 horizontal rails Estate Pressed Point Top- :, mrizontal rails with 2 rows of rings Imperial with I row of rings Estate - With Flat Top Pickets Colonial Aluminum Estate style with flat top pickets is the most contemporary look offered in the Estate series. Good looking and long lasting, this fence with the flat top pickets will complement any architectural design. Every Colonial Aluminum fence is strong, secure and requires low maintenance. The discriminating buyer who selects a Colonial Aluminum fence will be proud of their choice. The fence will look far more expensive than it costs. Estate Flat Top - Estate Flat Top - 3 horizontal rails 4 horizontal rails with l row of rings with 2 rows of rings tllllttlllll Estate Pressed Point TOp- Estate Pressed Point Top- 3 horizontal rails 4 horizontal rails with 1 row of rings with 2 rows of rings Estate - With Pressed Point Top Pickets Colonial Aluminum Estate style with pressed point top pickets is contemporary in design. The pressed point tops add security and have an attractive look that is reminiscent of very early English and European iron work, the pressed point tops are noted for their spear like appearance. To avoid injury, this style is not recommended when the tops of the pickets are less than six feet above the ground. Estate Pressed Point Top Estate - With Finial Tops Colonial Aluminum Estate style with cast finials on top of the pickets is the most ornate fence we make. There are three distinctively different finials (ball, spear, or fleur-de-lis). These beautiful, classic designs add old world charm and dignity to any property. They are even more attractive when paired with our four inch rings. To avoid injury, the spear type finial is not recommended when the tops of the picket are less than six feet above the ground. Estate Finial Top - Estate Finial Top - Estate Finial Top 3 horizontal rails 3 horizontal Nils 4 horizontal rails with 1 row of rings with 2 rows of rings Spear Finial Ball Finial Fleur-de-lis Finial Colonial Aluminum For Swimming Pools This special size section is specifically designed to meet most pool codes. It's important to check with your local building inspector for codes regarding requirements for swimming pool fencing and gates. Optional Styles ^. Staggered Estate pickets (any standard style picket top) can be rearranged to give this beautiful effect. B. Imperial and Estate combination (any standard Estate style picket top) can be rearranged to give this optional appearance. c. A choice of these scrolls may be added to any Colonial Aluminum fence to give this exciting appearance. iii tftittt*tj IIIIIllllll Ilillililll ^. titltlllillltlt B. // Imperial Style Gate The gate is the most important part of any residential fence. Colonial Aluminum gates have 1-1/4" frame uprights and 1-1/2" channel rails. These are welded into a rigid one piece frame that will not sag under normal use. All pickets are welded firmly inside the frame. The result is the most attractive and durable residential gate available. Special hardware is available which makes Colonial Aluminum gates self-closing and self-latching. Top COLONIAL ALUMINUMTM IS THE IDEAL ORNAMENTAL PICKET FENCE FOR HOMEOWNERS BECAUSE IT OFFERS: An engineered system with superior strength (see comparison below). Aluminum panels and posts that will never red rust, resulting in lower maintenance cost. A polyester finish that is durable, fade- resistant and scratch-resistant. Our commitment - At Master-Halco, we give special attention to each component of our fences and gates. Every item is designed for strength, durability and low maintenance. No other company has a residential aluminum picket fence that is stronger, more durable, gives more security or creates lower maintenance costs than our Colonial Aluminum Residential Picket Fence. COMPARE Standard Aluminum Standard Rail (~}ami,,l.~lumimm.! Colonial Rail up to 70% Stronger Standard Picket Colonial Picket up to 45% Stronger Standard Post Colonial Post up to 75% Stronger specifications subject to change without notice Do You Need All Of This Strength? Only if you want your fence to last and look good for a long time. Every Colonial Aluminum residen- tial fence is manufactured from high tensile strength aluminum alloy. Strong and durable, it will never red rust and the coating is impervious to corrosion in any climate. Choice Of Picket Tops Colonial Aluminum's finials are cast from strong, durable, solid aluminum. Choice Of Post Tops Colonial Aluminum's heavier post pickets and rails, combined with our full line of die-cast aluminum circles, scrolls and finials, results in a more substantial appearance than any other aluminum fence. Strong and secure, each solid aluminum ring is held in place by a rivet and a dowel. Many of our competitors have plastic finials and rings that are easily destroyed. Pand Attachment All Colonial Aluminum panels are attached to the post using a bolt-through bracket. These post brackets are far superior to other methods of attachment, eliminating the need for large rail holes, which can weaken the post. Coating Colonial Aluminum fences are electrostatically pow- der coated with the highest quality polyester. This meticulous procedure assures durability and creates the best looking finish possible. Colonial Aluminum's polyester powder coating is warranted against crack- ing and peeling.* It is the very best offered by any manufacturer of ornamental aluminum residential picket fencing. Our coating is more durable and environmentally friendly than any painted enamel coating. Available in black and white. *see warranty for details PICKET TOPS Imperial Style Flat Top Pressed Point 0 o 0 Spear Finial Ball Finial Fleur-de-lis POST ToPs RINGS Standard Ball Style Flat Style 4" Rings for added strength HEAVY DUTY BOLT THROUGH BRACKETS Elevation View Top View End Post Top View Corner Post MASTER HALCOTM For more information, contact the corporate office: 1-888-MH-FENCE (toll-free) email: info(,¢mhfence.com · www. mhfence.com M-H 46094 12/97 Copyright© 1997 Master-Halco, Inc. All rights resemed. COLONIAL ALUMINUM is available from: ODURAFENCEDESIGNS Maintenance-Free Fences & Decks Local Dallas: 972-720-9977 Non-Local: 1-800-933-3683 FAX: 972-720-9980 I F C-OPPELE AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # __~ q ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by CP-Coppell Industrial, Ltd., described as Coppell Industrial Addition, Block A, Lot 1 (30.33 acres) and located at the northeast corner of Royal Lane and Bethel Road, Coppell, Texas. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS:Yk~ AMT. EST. $ DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW.~ +X-BID $ ~~~. CITY MANAGER REVIEW: Document Name: SPHCPCop.doc NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the llth day of September, 2001, at 7:00 P.M., to consider designation of the property described as Block A, Lot 1, Coppell Industrial Addition (30.33 acres), located at the northeast corner of Royal Lane and Bethel Road, Coppell, Texas, CP - Coppell Industrial, Ltd., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate August 31, 2001 LEGAL DESCRIPTION LOT 1, BLOCK A COPPELL INDUSTRIAL ADDITION BEING a 30.33 acre tract of land situated in the S.A. and M.G.R.R. Survey, Abstract No. 1439, City of Coppell, Dallas County, Texas and being a portion of that certain tract conveyed to CP-Coppell Industrial, LTD. and TES-VIRGIL AVENUE, LTD. as evidenced by deeds recorded in Volume 2000093, Page 4346 and Volume 2000093, Page 4352, Dallas County Deed Records and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with LIA cap for the northeast comer of Lot 3R, Freeport North, an addition to the City of Copp¢ll as recorded in Volume 95245, Page 2050, Plat Records Dallas County, Texas. THENCE South 00044'06" East, a distance of 733.79 feet to the POINT OF BEGINNING; THENCE North 89018'47" East, a distance of 941.06 feet to a set 1/2 inch iron rod; THENCE South 00°41'13" East, a distance of 1404.98 feet to a set 1/2 inch iron rod in the north line of Bethel Road; THENCE South 89018'44" West, a distance of 939.88 feet to a set 1/2 inch iron rod; THENCE North 00044'06" West, a distance of 1405.00 feet to the POINT OF BEGINNING and CONTAINING 1,321,350 square feet, 30.33 acres of land, more or less. T H E~ ~ I T Y 0 F COPP-ELE AGENDA REQUEST FORM * ~' ~ ~, ?-~ ~~~~CITY CO~CIL MEET~G: September 11 2001 ITEM g ~ ITEM CAPTION: Consider approval of an Ordinance designating the CP-Coppell Industrial, Reinvestment Zone No. 34, and authorizing the Mayor to sign. Ltd. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~Nx'~t' AMT. EST. $ DIR. INITIALS: 9~' Agenda Request Form - Revised 5/00 +X-Bm $ CITY MANAGER REVIEW: Document Name: $CPCoppel.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. :}4 (CP - COPPELL INDUSTRIAL, LTD.); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL- INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REUNVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND ~ CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppeli, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WItEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS THAT: SECTION 1: That the City Council of the City of Coppell, Texas finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City atter the expiration of a tax abatement agreement. SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit "A" attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 34 (CP-Coppell Industrial, Ltd.)." 1 41292 SECTION 3. That the property within Reinvestment Zone No. 34 is eligible for commercial- industrial tax abatement effective on January 1, 2002 SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the __ day of ,2001. APPKOVED: CANDY SHEEHAN, MAYOR ATTEST: (PGS/jmh/tt108/30/01' l/rY ATTORNEY LIBBY BALL, CITY SECRETARY 2 41292 LEGAL DESCRIPTION LOT 1, BLOCK A COPPELL INDUSTRIAL ADDITION BEING a 30.33 acre tract of land situated in the S.A. and M.G.R.R. Survey, Abstract No. 1439, City of Coppell, Dallas County, Texas and being a portion of that certain tract conveyed to CP-Coppell Industrial, LTD. and TES-VIRGIL AVENUE, LTD. as evidenced by deeds recorded in Volume 2000093, Page 4346 and Volume 2000093, Page 4352, Dallas County Deed Records and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with LJA cap for the northeast comer of Lot 31L Freeport North, an addition to the City of Coppell as recorded in Volume 95245, Page 2050, Plat Records Dallas County, Texas. THENCE South 00044'06'' East, a distance of 733.79 feet to the POINT OF BEGINNING; THENCE North 89018'47'' East, a distance of 941.06 feet to a set 1/2 inch iron rod; THENCE South 00°41'13" East, a distance of 1404.98 feet to a set 1/2 inch iron rod in the north line of Bethel Road; THENCE South 89°18'44'' West, a distance of 939.88 feet to a set 1/2 inch iron rod; THENCE North 00o44'06'' West, a distance of 1405.00 feet to the POINT OF BEGINNING and CONTAINING 1,321,350 square feet, 30.33 acres of land, more or less. glItlBIT "A" T H E: C I T Y O F COl [ - i I' AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # ~ ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and CP-Coppell Industrial, LTD., and authoring the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on September 11, 2001. The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement request on May 2, 2001. BUDGET AMT. $ FINANCIAL COMMENTS:~¥ AMT. EST. $ +X-BID $ FIN. REVIEW:t~ CITY MANAGER REVIEW: Document Name: $CPCopre.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND CP-COPPELL INDUSTRIAL, LTD.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and among the City of Coppell, Texas and CP-Coppell Industrial, Ltd., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatemenl~ to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 1 43094 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the __ day of ,2001. CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY ROBERT E. HAGER, CITY ATTORNEY (PGS/tt108/30/01) 2 43094 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and CP - Coppell Industrial, Ltd. ("Owner"), acting by and through its authorized officer. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 34 (the "Zone"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner's development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and TAX ABATEMENT AGREEMENT - Page 1 42250 WHEREAS, the City desires to enter into an agreement with Owner, the proposed owner of the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Land" hereinafter defined), which real property is located within the city limits of the City and within the Zone. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 4. The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements is at least Five Million Five-hundred Thousand Dollars ($5,500,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter this Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years. The actual percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value for the Land, the year in which this Agreement is executed (base year/2001). 7. The period of tax abatement herein authorized shall be for a period of five (5) years. TAX ABATEMENT AGREEMENT - Page 2 42250 8. During the period of tax abatement herein authorized, Owner shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. The "Base Year Taxable Value" shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed (2001). B. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of Owner's existence as a going business, insolvency, appointment of receiver for any part of Owner's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Owner and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. The "First Year of Abatement" shall mean the earlier of January 1, 2002, or January 1 of the calendar year immediately following the issuance of a City building final for the Improvements. D. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto govemmental action (unless caused by acts or omissions of Owner), fires, explosions or floods, strikes, slowdowns or work stoppages. E. The "Improvements" shall mean the contemplated improvements to be constructed on the Premises and as further described herein. F. The "Land" shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes. G. The "Premises" shall mean the Land described in Exhibit "A" including the Improvements but excluding Tangible Personal Property. H. "Taxable Value" means the appraised value as certified by the Appraisal District as of January 1 of a given year. I. "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures other than inventory or supplies added to the Premises subsequent to the execution of this Agreement. TAX ABATEMENT AGREEMENT - Page 3 42250 IMPROVEMENTS 10. Owner owns the Land and agrees to construct or cause to be constructed thereon office/warehouse facility known as Tradepoint I, containing approximately 600,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit) (the "Improvements"). The Owner may construct or cause to be constructed an expansion consisting of approximately 350,000 square feet of office/warehouse space (the "Expansion"). If Owner constructs and completes the Expansion, such Expansion shall be considered a part of the Improvements for purposes of the tax abatement granted herein for the remainder of the Term beginning January 1 of the calendar year immediately following the issuance of a City building final for the Expansion. The cost of the Improvements excluding the Land shall be at least Ten Million Dollars ($10,000,000). Nothing in this Agreement shall obligate Owner to construct the Improvements on the Premises, but said action is a condition precedent to tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the completion of the Improvements on or before December 31, 2002, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing completion of the Improvements. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as an office/warehouse facility for a period of five (5) years commencing on the date a certificate of occupancy is issued for the Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner's visitor access and security policies, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Premises will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. TAX ABATEMENT AGREEMENT - Page 4 42250 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner shall also annually certify to the City that it is in compliance with each term of the Agreement. 16. The Premises and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Owner agrees to provide to the tenants of the Improvements, the benefit of the abatement of taxes granted herein. Owner shall, upon written request, provide the City with satisfactory evidence that the benefits of this Agreement have been provided to the tenants of the Premises. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event Owner: (i) fails to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City with respect to the Premises (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this Agreement, then Owner, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 19. Upon breach by Owner of any obligations under this Agreement, the City shall notify Owner in writing. Owner shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City shall extend the period in which the default must be cured for an additional sixty (60) days. 20. If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement by written notice to Owner. 21. Upon termination of this Agreement by City, all tax abated as a result of this Agreement shall become a debt to the City as liquidated damages, and shall become due and payable not later than sixty (60) days after a notice of termination is made. The City shall have all TAX ABATEMENT AGREEMENT - Page 5 42250 remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements without tax abatement for the years in which tax abatement hereunder was received by Owner with respect to the Improvements as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the sixty (60) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION 22. It shall be the responsibility of Owner, pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has sims. A copy of the exemption application shall be submitted to the City upon request. SUCCESSORS AND ASSIGNS 23. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement may be assigned with the consent of the City Manager, which shall not be um'easonably withheld, denied, or delayed. After any permitted assignment, all references to Owner herein shall thereafter be a reference to Owner's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 24. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for Owner, to: CP - Coppell Industrial, Ltd. 15601 Dallas Parkway, Suite 100 Addison, Texas 75001 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 TAX ABATEMENT AGREEMENT - Page 6 42250 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 CITY COUNCIL AUTHORIZATION 25. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 26. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. APPLICABLE LAW 27. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 29. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. ENTIRE AGREEMENT 29. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. CONVENANTS RUNNING WITH THE PREMISES 30. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any fight, title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the fight, title or interest in such Premises. TAX ABATEMENT AGREEMENT - Page 7 42250 RECORDATION OF AGREEMENT 31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 32. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXHIBITS 33. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the __ day of ,2001. CITY OF COPPELL, TEXAS By: CANDY SHEEHAN, MAYOR ATTEST: By: AGREED AS TO FORM: PETER G. Si~I, CITY ATTORNEY LIBBY BALL, CITY SECRETARY EXECUTED in duplicate originals this the ~ day of ,2001. CP - COPPELL INDUSTRIAL, LTD. - f ~ i/ Title: {// f~ TAX ABATEMENT AGREEMENT - Page 8 42250 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the __ day of , 2001, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: Notary Public, State of Texas TAX ABATEMENT AGREEMENT - Page 9 42250 OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the /~t/~''~'~ day of/CTr~6'~.57'', 2001, by,.7-E-~'F~'~// Z. _.~/_xJ~/a~''' being the /~"~/D~"'A/7'- of CP - Coppell Industrial, Ltd., on beehalf of said partnership. Notary Pl~lic, State of Texas My Commission Expires: TAX ABATEMENT AGREEMENT - Page 1 0 42250 LEGAL DESCRIPTION LOT 1, BLOCK A COPPELL INDUSTRIAL ADDITION BEING a 30.33 acre tract of land situated in the S.A. and M.G.R.R. Survey, Abstract No. 1439, City of Coppell, Dallas County, Texas and being a portion of that certain tract conveyed to CP-Coppell Industrial, LTD. and TES-VIRGIL AVENUE, LTD. as evidenced by deeds recorded in Volume 2000093, Page 4346 and Volume 2000093, Page 4352, Dallas County Deed Records and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with LJA cap for the northeast comer of Lot 3R, Freeport North, an addition to the City of Coppell as recorded in Volume 95245, Page 2050, Plat Records Dallas County, Texas. THENCE South 00o44'06'' East, a distance of 733.79 feet to the POINT OF BEGINNING; THENCE North 89018'47'' East, a distance of 941.06 feet to a set 1/2 inch iron rod; THENCE South 00°41'13" East, a distance of 1404.98 feet to a set 1/2 inch iron rod in the north line of Bethel Road; THENCE South 89°18'44'' West, a distance of 939.88 feet to a set 1/2 inch iron rod; THENCE North 00o44'06" West, a distance of 1405.00 feet to the POINT OF BEGINNING and CONTAINING 1,321,350 square feet, 30.33 acres of land, more or less. T H I= C I T Y 0 F COPP-ELE AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # ITEM CAPTION: PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lot 3R, Block G, Site Plan and Replat, to allow the development of an approximately 71,000 square-foot office building on a 7.017 acre portion of a 25.93 acre tract of property located at the southwest comer of S.H. 121 (Vista Ridge Boulevard) and MacArthur Boulevard. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 16, 2001 Decision of P&Z Commission: Approved (5-0) with Commissioners Nesbit, McGahey, Kittrell, Halsey and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Prior to being heard by Council, obtain staff approval of the brick selection to be used on the building, being in compliance with the C.I.V.I.C. guidelines. Initially, staff recommended denial; however, the applicant addressed most concerns prior to the meeting. Agenda Request Form -kRevised 5/00 CITY MANAGER REViEW:~ ~VR3Rspr CASE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Vista Ridge Addition, Lot 31~ Block G Site Plan and Replat P & Z HEARING DATE: C.C. HEARING DATE: August 16, 2001 (first heard July 19, 2001) September 11, 2001 (originally scheduled for August 14, 2001) STAFF REP.: LOCATION: SIZE OF AREA: Andrea Roy, City Planner At the southwest comer of S.H. 121 (Vista MacArthur Boulevard (Denton County). A 7.138 acre portion of a 25.93 acre tract. Ridge Blvd.) and CURRENT ZONING: HC (Highway Commercial) REQUEST: Replat and Site Plan approval for a 70,781 square foot office building, located within Phase I of a three phase development project. APPLICANT: Applicant RSF Land L.P. 2728 N. Harwood Dallas, TX 75201 (214) 981-6709 FAX: (214) 981-6888 Architect: BOKA Powell 13727 Noel Road, Suite 300 Dallas, TX 75240 (972) 701-9000 FAX: (972) 991-3008 Engineer: HalffAssociates, Inc. 8616 NW Plaza Drive Dallas, TX 75225 (214) 346-6213 FAX: (214) 361-5573 Page 1 of 7 Item # 4 HISTORY: The subject property is part of Lot 3, Block G, a 49.20-acre tract within the Vista Ridge Addition. The property lies within Denton County and was originally part of the City of Lewisville when recorded in September of 1986. Since that time, the City of Coppell has annexed this and other portions of the Vista Ridge Business Park. TRANSPORTATION: S.H. 121 will be built to freeway standards with access roads in 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North- S.H. 121, City of Lewisville South - Vistas of Coppell, "SF7-PD 149"-Single-Family East - "LF'-Light Industrial, City of Lewisville West - Vistas of Coppell, "SF7-PD149"-Single-Family COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed-use development, including retail/commercial, office parks, schools, churches, and other compatible non-residential USES. DISCUSSION: On July 19, 2001 the Planning & Zoning Commission held this request under advisement to allow the applicant additional time to resolve issues relating to site plan, landscape plan, and elevations. Revisions to the initial staff report are noted in italics. The applicant is requesting to replat part of Lot 3, Block G of the Vista Ridge Addition, subdividing the existing 49.2-acre parcel into a smaller 25.9-acre parcel. The request for site plan approval includes Phase I, a 7.138-acre portion of the overall site, containing one 70,781 square-foot office building. While the applicant proposes to construct two future phases, also containing office buildings of a similar scale to the current request, only Phase I is under review at the present time. In order to review the layout of the entire phased development and ensure the functionality of the project as a whole, a concept plan has been provided for informational purposes only. The design of the site places Phase I at the western portion of the site, with the future Phase II to be located within the middle of the site and Phase llI located on the eastern portion of the site, adjacent to MacArthur Boulevard. Minor changes have been made to the layout of the parking lot, particularly the southern entrance from S.H. 121. The applicant has shifted the entrance approximately 120' to the east, causing the shift of the fire lane, as well as the elimination of Page 2 of 7 Item # 4 some parking spaces (a reduction from 416 to 393). The drive aisle connecting to Forest Hill Drive has also been modified, improving the circulation of the parking lot and increasing the buffer between vehicular activity surrounding the office use and the adjacent residential properties. Staff has no objections to these changes. The applicant proposes a 100% office use within the subject building, providing a total of 393 parking spaces, well exceeding the level of required spaces. The proposed building will be oriented toward S.H. 121 and the rear of the building will face the adjacent residential neighborhood to the south (Vistas of Coppell). While the adjacency of potentially more intense uses to the residential properties was a staff concern, the current proposal for one-story office buildings is a welcomed development, providing a buffer between the activity of S.H. 121 and the residential properties. Several steps have been taken to mitigate the impact on the adjacent residential properties. As required, the applicant will construct a 6' high masonry wall along the length of the south property line. The wall will be constructed of brick veneer and stone columns to match the existing adjacent wall. Additionally, the office building will be one-story, measuring 32' at the highest point and will be located approximately 85' off the south property line. The presence of the existing 15' wide alley to the south, accompanied with the setback from the property line, and the masonry wall, will provide a substantial buffer between the uses. A lighting plan has been provided for the Phase I development, showing that 25' high pole lights are proposed throughout the parking lot, as well as building mounted lights. Lighting calculations indicate that little or no spillover will occur beyond the property line. In response to concerns regarding the architecture and building materials, the applicant has modified the architecture of the building. The actual building materials do not vary from those originally proposed, and staff is disappointed by the fact the design of the front building wall and placement of the materials have only been slightly revised. The original design proposed a 380' long front building wall with one main entrance and recessed corners. The redesign of the front building wall now provides two entrance features, which are set apart from the remainder of the building, breaking up the faqade and reducing the scale of the building. The building materials remain consistent with the original submission; however, the level of stone and glass has been increased, while the amount of tilt wall has been slightly decreased Additionally, the color of the tilt wall has been revised from off-white/beige to Cougar Brown (reddish/brown) with silver/gray accents. While the color is similar to that of red brick, it does not appear to look like red brick and Page 3 of 7 Item # 4 Page 4 of 7 there is the possibility of fading. The applicant has indicated that if fading occurs, it will do so evenly, so as to simply appear as a slightly lighter color. However, the purpose of plan revisions should reduce outstanding concerns, not generate additional concerns. Staff wouM again suggest an alternative material. The paragraph below discusses the architecture and character of the original plan submission; however, these comments continue to apply to the revised submission. The applicant has not addressed the issues and concerns written within this report and discussed at the July 19, 2001 Planning & Zoning Commission hearing, nor in subsequent meetings. The color and type of materials are not in accordance with the C.I.V.I.C. Report and the building remains characteristic of those found within industrial/warehouse districts. It has been conveyed to the applicant that the lack of real brick is disconcerting, particularly at this location, which should set Coppell apart from other jurisdictions and the developments to the north, with garish colors, pole signs, lack of adequate landscaping, and a hodge-podge of building materials and colors. The architecture of the proposed office building will be tilt-wall construction with a combination of off-white smooth panel and a darker beige sand blasted panel, with off-white/beige stone veneer accented entryways placed in the middle of the building and at the comers. Metal canopies are planned over the entryways. These proposed building colors and materials are not appropriate in this particular location. The exterior design and materials of these buildings possess all the characteristics found within the industrial/warehouse districts of Coppell and would be very appropriate if located within those areas. The C.I.V.I.C. Report solidifies that statement by indicating that buildings for warehousing and distribution should have a different character from the remainder of Coppell. However, the subject site is not within an industrial park, but located at a principal gateway into the City, along a Primary Image Zone, and should reflect the design standards set forth for the City of Coppell. As outlined in the C.I.V.I.C. Report, office, retail and commercial buildings should be constructed of brick and stone. This major entry into Coppell is envisioned to be unique, with features which set it apart from developments in other cities. Staff would encourage the applicant to reconsider the color and type of materials and provide materials in accordance with those recommended by the C.I.V.I.C. Report. Because specific tenants are not known at this point, the applicant has indicated on the building elevations the potential locations for future attached wall signage, in accordance with sign guidelines of the Coppell Zoning Ordinance. In order to ensure rear signage does not impact nearby residential properties, staff would recommend no illuminated signage at the rear of the building. Item # 4 Two 60-square-foot monument signs are proposed, one at each entrance from S.H. 121. As indicated, the proposed sign will be constructed of tilt wall, painted Navajo White #36, to match the building. As currently proposed, the placement of two monument signs along S.H. 121 exceeds the maximum allowable signage along a street frontage. According to Section 12-29-4 (2.Cii), a maximum of two 60-square-foot monument signs are permitted to serve the entire site, with one sign allowed per street frontage. Staff would advise the applicant to carefully choose a location for the signage, which will adequately serve the entire site, including future phases. The applicant has revised the plans to show only one monument sign at the northernmost entrance into the project. The applicant has located two dumpsters against the south property line at the rear of the property, screened by a tilt-wall enclosure. This location is problematic. While the dumpster is located in a typical location, in this instance, it is placed in close proximity to the nearby residential homes. The applicant has relocated the durnpsters to an island within the rear parking lot, providing an additional 30' between the property line and the dumpsters. Landscaping All perimeter, interior, and non-vehicular landscape requirements have been met. The applicant has addressed most of staff's landscaping concerns and revised the plan to provide additional required trees, additional landscape islands, and extend the parking lot screen hedge. However, in providing the required number of trees, some of the character provided by accent trees and smaller plantings has been removed from the front of the building. Additionally, the northern entrance contains a large grassed area with a transformer. Staff has recommended that the transformer be screened from view and that additional attention be given to the entrance, through seasonal plantings and ornamental trees. In response to these concerns, the applicant has provided additional trees along the front and rear of the building, as well as a variety of trees and plantings at the entrance into the project. Additionally, the exposed transformer has been elirmnated from the entranceway. Staff would note that the applicant has provided a parking lot screen hedge along the northeastern perimeter of the parking lot serving Phase I. While this is a phase line, not a property line, timing of the construction for Phase II is not known and this area may be exposed and quite visible for a significant amount of time. The applicant has successfully incorporated this request into their design. The submitted Tree Survey and Preservation Plan clearly indicates the phased development of the site, showing those trees to be preserved, and those to be removed as part of Phase I or potentially removed Page 5 of 7 Item # 4 as part of future phases. Tree Mitigation will occur in conjunction with each phase of development. Replat As discussed in the History Section, the applicant is requesting to replat part of Lot 3, Block G of the Vista Ridge Addition, which was originally under the jurisdiction of the City of Lewisville. The applicant is subdividing the existing 49.2-acre parcel into a smaller 25.9-acre parcel. The applicant has indicated the rear and side yard setback lines on the plat. To maintain clarity of plat, staff has recommended the elimination of the notes indicating the side and rear yard setback requirements. The plat also incorrectly indicates that the site is zoned LI-Light Industrial; however, zoning is not typically referenced on plats and we have requested that all reference to zoning be eliminated from the plat. Site Engineering As indicated by our Engineering Department, the driveway location and construction will need to be coordinated with TXDOT and the City of Lewisville. Further, the drainage plan shows the proposed 25-year runoff being collected on site and discharged into an existing storm drain system in S.H. 121. The existing system was designed for a 25-year storm; therefore, the applicant must evaluate the 100-year capacity of the existing box culvert. This issue may be resolved during the review of the construction plans. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending denial of the site plan and replat due to the lack of rnodification~ which adequately address the issues brought forward by staff and Planning & Zoning Commission~ As one of the most irnt~grtant primary image zones in the City, and the fact that this project will set the pattern of development for this entire entry into Coppell, a better site plan, architectural design, and palette of building materials, need to be addressed ALTERNATIVES: 1) Recoinmend 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. Page 6 of 7 Item# 4 ATTACHMENTS: 1) 2) 3) 4) 5) 6) 7) 8) Color Rendering Site Plan Elevations Plan Details Landscape Plan Existing Tree Survey Tree Preservation Plan (Concept Plan) Replat (2 pages) Page 7 of 7 Item # 4 T H E: C I T Y0 F COl:5 LE AGENDA REQUEST FORM CITY COUNCm mETmG: September 11, 2001 ITEM # I 9 ITEM CAPTION: Consider approval of the Town Center Addition, Lot 2, Block 3, Site Plan, to allow the development of an approximately 12,975 square-foot retail/office building on approximately 1.7 acres of property located along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard. SUBMITTED BY: Gary L. Sieb STAF~.I~~EN~)~:ector of Planning and Community Services Date of P&Z Meeting: August 16, 2001 . Decision of P&Z Commission: Approved (4-1) with Stewart voting in favor. Commissioner Halsey opposed. Commissioners Nesbit, McGahey, Kittrell and Approval is recommended, subject to the following conditions: 1) The front elevation shall be as reviewed by the Planning and Zoning Commission on July 19, 2001 (plan dated July 3, 2001) with the notching of the canopy at the south end facing Denton Tap Road to create the appearance of a visual separation from Eleanor's Square, as discussed at the August 16th Planning and Zoning Commission meeting. 2) Board of Adjustment action granting variances to Sections 12-34-8 and 9 of the Landscape Ordinance. 3) If variances are granted, then approval of off-site landscaping plan, subject to: (a) Prior to the installation of the off-site landscaping, irrigation plans shall be approved by the City and the irrigation system shall be installed by the applicant. (b) Prior to installation of the landscaping in the off-site areas, City staff shall approve the specific landscape materials. (c) City Staff shall approve all off-site landscaping after installation. (PLEASE SEE CONTINUED CONDmONS ON THE FOLLOWING PAGE) DIR. INITIALS:~/' FIN. REVIEW:'q~ Agenda Request Form 00 CITY MANAGER REVIEW: ~TC23sp TOWN CENTER ADDITION, LOT 2, BLOCK 3, SITE PLAN CONDITIONS CONTINUED: (a) The Leisure Services Department shall inspect off-site plant materials approximately 90 days after planting to ascertain their healthy and growing condition. (e) In the event the landscape materials proposed for the off-site landscaping are not adopted with the revised Plant Palette, the applicant shall replace the plantings with materials on the adopted Plant Palette. In the event the Board of Adjustment does not grant the variances, then: (a) Revise Site Plan and Landscape Plan to be in accordance with all provisions of the Coppell Zoning Ordinance. Initially, staff recommended this case be held under advisement due to a number of issues to be addressed. CASE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Town Center Addition, Lot 2, Block 3, Site Plan P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: August 16, 2001 (first heard July 19, 2001) September 11, 2001 (originally scheduled for August 14, 2001) Marcie Diamond, Assistant Planning Director Along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard. Approximately 1.674 acres of property. CURRENT ZONING: TC (Town Center) REQUEST: Site Plan approval for a 12,975 square-foot retail building. APPLICANT: Alen Hincldey, Owner Univest Properties 12201 Merit Drive #170 Dallas, Texas 75251 972-9914600 FAX: 972-991-7500 Randy Daniels, Architect Daniels & Assoc. 4320 N. Beltline Rd, 106A Irving, Texas 75038 972-255-1515 972-2554141 HISTORY: 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 of the property 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 Center Boulevard and Town Center Drive fulfilled the landscape requirements. Most recently approved within the Town Center area (April 2000), however, yet to be developed, Page 1 of 7 Item # 5 is the approximately two-acre site between Comerica Bank and the Tom Thumb Shopping Center. 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- Princeton Park Offices - TC (Town Center) South - Eleanor's Square Shopping Center - TC (Town Center) East - Coppell Justice Center - TC (Town Center) West - Huntington Ridge Subdivision; SF9-PD129R COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: On July 19, 2001, the Planning and Zoning Commission held this request under advisement to allow the applicant additional time to resolve issues relating to site plan, landscape plan and elevations. Revisions to the initial staff report are noted in italics. This request is to receive site plan approval for a 14,080 square-foot (the building size has been reduced to 12,975 square feet) retail/office medical building to be located adjacent to Eleanor's Square along Denton Tap Road. The site plan indicates that there will be 94 (the parking has been reduced to 83) parking spaces and a 10-foot-wide drive-through traffic lane along the northern side of the building. At a ratio of one space per 200 square feet (as would be required for retail), 71 (65) parking spaces would be required. It is assumed that the additional parking would allow for leasing to medical office (1 space per 175) or restaurant (1 space per 100) uses. However, if office is desired, then less parking would be required (1 space per 300-square feet). The applicant has not specified what the drive-through is intended to be. The resubmission provides a more detailed tenant mix, specifying 9,375 square feet of retail and 3, 600 square feet of restaurant, thus requiring 83 parking spaces. The restaurant will require a SUP. The site plan indicates that the proposed building will be located on the south property line. The TC (Town Center) district does not require side- yard setbacks, unless adjacent to single family. However, there would be Page 2 of 7 Item # 5 Building Code issues with abutting a new building less than 10 feet from an existing building on a separately platted property. Specifically, for a minimum of 10 feet from the property line, both the proposed and existing buildings (Eleanor's Square) would have to be protected with a ~-hour fire wall. Therefore, no openings (windows or storefronts) would be permitted within 10 feet of the property line. Eleanor's Square currently has a store front within 3 feet of the property line, and the construction of this building on the common property line would impact the existing elevations of Eleanor's Square. A new development which ignores its abutting neighbor by musing major alterations to that neighbor does not promote compatibility of use and is not appropriate. Since the original publication of this staff report, the Chief Building Official has determined that there will not be building code issues as herein described. However, both the staff and Commission expressed concerns with the attaching of these two buildings in terms of aesthetics, as well as the lack of opportunity for pedestrian circulation between these two retail buildings. The site plan indicates four lighting fixtures on this site, including a flood light pointing towards the building. The lighting is specified as 1000 watt metal halide for both the down lights and the flood light. The note also states that the 30-foot poles will be mounted on 3-foot concrete bases. 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 pavemem.' Therefore, the additional 3 feet in height would not be permitted. Additional information is also needed as to the type and color of the proposed lighting fixtures, as well as the need for a flood light in addition to the other fixtures. The light poles have been reduced to 30feet in height and the fixtures have been specified. This site will have access from Denton Tap Road from the existing driveway which is jointly used by Eleanor's Square. There is also a mutual access with the proposed bank to the north. Along Town Center Boulevard, one driveway will align with the existing driveway into the Justice Center and additional access will be provided through the proposed bank site onto Town Center Boulevard. Landscape Plan The Landscaping Plan is not in accordance with the currem Landscape Ordinance. Specifically, the plan, as submitted, is not in compliance with: · Section 12-34-9, the Non-vehicular landscape requirement whereas 8,826 square feet of landscaping is required, and none is being provided. The Landscape Plan has been revised to provide 6,314 Page 3 of 7 Item # 5 square feet of the required 8, 992 square feet of landscaping. To compensate for this deficit, the applicant has offered to landscape two City-owned areas within Town Center, nearby this site. The first area is the median of Town Center Boulevard,. south of Parkway Boulevard, between the Fire Station and Eckerds. This median is approximately 1,800 square feet and is proposed to be landscaped with shrubs and grasses. The second area is adjacent to the Town Center entry feature sign at the southeast comer of Town Center Boulevard and Parkway Boulevard. This area contains 900 square feet. Therefore, this 2,678 square foot deficit is proposed to be addressed through the provision of approximately 2, 700 square feet of landscaping off-site. The plants selected for these areas are a combination of plants currently on the City's Plant Palette and those proposed to be included in the revised Plant Palette, which is scheduled for review and adoption over the next several months. If these plant materials are installed prior to the adoption of the revised Plant Palette and these plants are not added to the Plant Palette, then the applicant shall be responsible for replacement with approved plant materials. The City will be responsible for maintaining this off-site landscaping. Therefore, prior to installation, City staff shall approve the specific landscape materials. The City staff shall also sign off on the landscaping after installation. Neither of these areas are currently irrigated, although 8" waterlines traverse both tracts. Therefore, an irrigation plan shall be also be approved by the City and installed by the applicant in these two areas. If this off-site landscaping is deemed appropriate by the Planning and Zoning Commission, then prior to forwarding this site plan to the City Council, Board of Adjustment action will be required to grant a variance to the requirements of the Landscape Ordinance. An application to this Board has already been submitted, requesting relief for this 2,678 square feet of required non-vehicular landscaping. Section 12-34-8(C)2.c, which requires the provision of a 10 foot landscape area on each side of a shared driveway, none is being provided. The applicant has challenged staff's interpretation of this provision of the Landscape Ordinance, whereas the provision states that when a driveway is less than 27 feet wide.., then this buffer is required. The applicant has increased the driveway width to 27.5 feet to eliminate this requirement. Staff feels that the intent of the 27 feet dimension was to define what a mutual access driveway is, not to limit it. While the applicant's interpretation of this ordinance Page 4 of 7 Item # 5 suggests elimination of the requirement for this buffer, staff is of the opinion that there would still be aesthetic benefits to the provision of this buffer and the applicant is stretching the interpretation of the ordinance. Section 12-24-8(B)3, which requires that landscaped islands (with one tree) not being separated by more than 15 parking spaces, there are two rows of parking (one which contains the loading area) which does not comply with this section. The Landscape Plan has been revised to add the required landscape islands. Elevations The elevation of the building will be essentially the same as the Market at Town Center, located along the west side of Denton Tap, as well as similar to the architecture of Eleanor's Square. The attached signs will be individual ivory channel letters with bonze trim caps and dark bronze returns. The elevations and signage is in accordance with the recommendations of the C.I.V.I.C. Report. At the July 19, 2001, Planning and Zoning Commission meeting, there was significant discussion as to the "architectural transition" between Eleanor's Square and this proposed building. The applicant has revised the elevations to relocate the articulation of the building elevations to the south, to be approximately 10 feet from the existing building. The intent of this relocation is to give both buildings a more balanced look; however, the architectural transition between the existing and new buildings is still awkward. The embellishments in the brick have also been revised from "diamonds" to EFIS bands to differentiate this building from Eleanor's Square. Finally, given that this proposed development is in the Town Center area, an approval letter from the Town Center Architectural Control Committee accepting the design is required. This letter has been submitted. While staff is in support of this use at this location, this site plan, as submitted, cannot be recommended for approval because of a lack of adherence to the Landscape and Lighting Ordinances (the lighting ordinance issue has been resolved). In addition, the building code issues need to be resolved. {The Building Official does not have building code issues with this site plan.) It appears by reducing the size of the building, increasing the building setback from the south property line, eliminating the drive-through and/or the amount of parking provided, these issues could be easily resolved. Therefore, staff is recommending that this case be held under advisement until these concerns have been properly addressed. As detailed above, the applicant has slightly reduced the size of Page 5 of 7 Item ge 5 the building (by 1,105 square feet), eliminated 11 parking spaces, and provided additional landscaping (both on and off-site). RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: There are far too many loose ends and unresolved issues for staff to recommend this case. We recommend this request be HELD UNDER ADVISEMENT until the following issues are addressed and resolved to staff's satisfaction While staff still has concerns with the attachment of this building for architectural and pedestrian circulation issues, ordinance interpretation, and the provision of landscaping off-site requiring a variance, staff can only recommend APPROVAL if strict adherence to the following conditions are met: o Board of Adjustment action granting a variance to Section 12-34-9 of the Landscape Ordinance, prior to forwarding this request to City Council. Prior to the installation of the off-site landscaping, irrigation plans shall be approved by the City and the irrigation system shall be installed by the applicant. Prior to installation of the landscaping in the off-site areas, City staff shall approve the specific landscape materials. City Staff shall approve all off-site landscaping after installation. In the event that the landscape materials proposed for the off-site landscaping are not adopted with the revised Plant Palette, then the materials shall be replaced, by the applicant, with materials on the adopted Plant Palette. Revise site plan and landscape plan to be in accordance with all the provisions of the Landscape Ordinance. (This condition has been met pending Board of Adjustment action.) Revise the site plan to increase the building setback from the south property line a minimum of 10 feet or submit a letter from the abutting property owner stating that they agree to the building modifications as necessary to adhere to the building code requirements when buildings on adjacent properties are built within 10 feet of the mutual property line. (This is no longer a BuiMing Code issue) Reduce the height of the light poles to be in accordance with Section 12- 36-2.3 of the Ordinance and provide a rationale as to the need for the flood light. (This condition has been met) Receipt of a letter from the Town Center Architectural Control Committee expressing their approval of this site plan. (Received) Page 6 of 7 Item # 5 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) $) Revised Site Plan Revised Landscape Plan Revised Elevations Page 7 of 7 Item # 5 T H F~ (:: I T Y 0 F C-OPP-ELE AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # ~__~~ ITEM CAPTION: Consider approval of the Town Center Addition, Lots 2 & 3, Block 3, Minor Plat, to allow the development of a retail/office center and bank on approximately 3 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: August 16, 2001 Decision of P&Z Commission: Approved (5-0) with Commissioners Nesbit, McGahey, Kittrell, Halsey and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: ......... .o ~,,. **, ..... ,.,.,.._ ~.4 ......... (CONDITION~ '"'~"'mx) 2) (CONDITION MET) (CONDITION MET) Staff recommends approval. DIR. INITIALS: ~ff. FIN. Agenda Request Form - Revised 5/00 CITY MANAGER RE ~TC2&3mp CASE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Town Center Addition, Lots 2 and 3, Block 3 Minor Plat P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: August 16, 2001 (first heard July 19, 2001) September 11, 2001 (originally scheduled for August 14, 2001) Marcie Diamond, Assistant Planning Director Along the east side of Denton Tap Road, approximately 325 feet south of Parkway Boulevard. Approximately 2.801 acres of property. CURRENT ZONING: TC (Town Center) REQUEST: Minor Plat approval. APPLICANT: Alen Hinckley Univest Properties 12201 Merit Drive//170 Dallas, Texas 75251 972-991-4600 FAX: 972-991-7500 Guillermo Juarez Dowdey, Anderson & Assoc. 5225 Village Creek Dr, # 200 Plano, Texas 75093 972-931-0694 FAX: 972-931-9538 HISTORY: There has been no platting activity on this parcel. To the north of the property a Final Plat for Princeton Park, a two-building office complex was approved in 1997. In 1998, the Final Plat for Eleanor's Square was approved, which provided for a mutual access, fire lane, utility and drainage easement by separate instrument on this site. Page 1 of 3 Item # 6 TRANSPORTATION: Denton Tap Road is a P6D, six lane divided thoroughfare within a 100-foot right-of-way. Town Center Boulevard has 28 feet 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- Princeton Park Offices -TC (Town Center) South - vacant land and Eleanor's Square Shopping Center - TC (Town Center) East - Coppell Justice Center - TC (Town Center) West - Huntington Ridge Subdivision; SF9-PD129R COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: On July 19, 2001, the Planning and Zoning Commission denied this request due to the fact that one of the two site plans related to this plat was held under advisement, and revisions to the site plan could potentially alter the plat. Revisions to the initial staff report are noted in italics. The purpose of this plat is to subdivide this property into two tracts of land to allow for the development of a bank on Lot 3 and a retail center on Lot 2. Staff is recommending that both of these site plans be held under advisement due to significant technical issues with the proposed developments. The revisions to the site plans may alter the alignment of the property lines and/or fu'e lanes as proposed on this plat. Also, given that this is a minor (final) plat, per State law, if no action is taken within 30 days, this plat is considered approved. Therefore, staff is recommending denial of this plat. This plat may be resubmitted with the revised site plans. This plat has been revised to reflect the relocation of the eastern fire lane as required with the revisions to the site plan on Lot 2. There appears to be a slight discrepancy between the existing fire lane, access, drainage and utility easement, which was established by separate instrument in 1998, and the fire lane and access easement proposed by this plat. This discrepancy needs to be rectified. The last line(s) of the legal description under the Owner's Certificate and Dedication has been deleted with the most recent submission. The complete legal description is required, and therefore, this must be revised. Finally, the City Secretary's signature block needs to be updated to include Page 2 of 3 Item # 6 the specific name of the subdivision being approved -- Lots 2 and 3, Block 3 of the Town Center Addition. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the minor plat of the Town Center Addition, Lots 2 and 3, Block 3, subject to: 1. Rectifying the discrepancy between the existing and proposed fire lane and access easements at the southern driveway. 2. Including a complete metes and bounds description in the Owners Certificate and Dedication. 3. Adding the name of the addition in the City Secretary's signature block. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Minor Plat Page 3 of 3 Item # 6 ,:ill:i;; T H E ¢ I T Y O F COPP-E, IJf, AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM it ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1190, Green Pepper Asian Grill and Noodles, zoning change request from PD-178R (Planned Development-178R).to PD-178R-S.U.P-1190 (PD178R, Special Use Permit-1190), to allow the operation of an oriental restaurant and private club to be located in the Town Center West Retail Center at 171 N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 16, 2001 Decision of P&Z Commission: Approved (5-0) with and Stewart voting in favor. None opposed. Commissioners Nesbit, McGahey, Kittrell, Halsey Approval is recommended, subject to the following conditions: 1) 2) The development of the property shall be in accordance with the site plan, floor plan, elevations and revised sign plan. 3) Hours of operation being 1 la.m. to 9 p.m. seven days a week. Staff recommends approval. DIR. INITIALS: evi~sedj FIN. REVIEW:t~ Agenda Request Form - /00 CITY MANAGER REVIE RS 1190 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO: S-1190, Green Pepper Asian Grill and Noodles P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: August 16, 2001 September 11,2001 Marcie Diamond, Assistant Planning Director In the Town Center West Retail Center at 171 N. Denton Tap Road Approximately 2,419 square feet. CURRENT ZONING: PD- 178-C (Planned Development- 178, Commercial) REQUEST: Special Use Permit approval for a restaurant and private club. APPLICANT: Amporn LI 311 Oakwood Trail Fairview, Texas 75069 214-544-1539 FAX: 214-544-0537 HISTORY: This property was rezoned from C (Commercial) to Conceptual Plan Development District (PD-178) for commercial uses. In March 2000, the City Council approved detail plans for this property. The eastern 1.8 acre portion was proposed for retail/medical/restaurant uses, and the western 2.7 acres for a day care building and a child development facility. On January 9, 2001, City Council approved SUP-1183 for Quizno's Restaurant and SUP-1182 to allow a coffee house in this shopping center. Revised signage for CC's Coffee House was approved in May of this year. The current request is located at the northern end of this building. Page 1 of 3 Item # 7 Also under consideration in this docket is S-1191, for Paciugo, an Italian ice cream restaurant to be located between CC's and Quizno's. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare, with 37 feet of paving in each direction, contained within 110-120 feet of right-of-way. Town Center Blvd. West is a 27-foot wide local street allowing access to the Coppell High School property. SURROUNDING LAND USE & ZONING: North- single-family development; PD-129, SF-9 South - undeveloped; C (Commercial) East - Comerica Bank; TC (Town Center) West - single-family development; SF-12 COMPREHENSIVE PLAN: DISCUSSION: The Comprehensive Plan shows the property as suitable for retail and commercial uses. The applicant desires to operate a 2,419 square-foot Asian restaurant and private club at the northern end of Market at Town Center Retail Center. This restaurant and the proposed Paciugo Italian ice cream shop will occupy the last two lease spaces in this building. Given the mix of uses occupying this building, including over 50% restaurant, there is sufficient parking on this property. This restaurant will occupy 2,419 square feet and will have 92 seats. This restaurant will be open seven days a week, from 1 la.m. to 9 p.m. Signage permitted is based on the number of facades, as well as linear ~ontage. This restaurant will have 29'2" of frontage on Denton Tap and 82' frontage on Town Center West Boulevard. Three, 56.5 square-foot signs are proposed -- one sign on Denton Tap Road, one on Town Center West Boulevard and one on the rear of the building. The signs meet the sign criteria of PD-178 in terms of being individually mounted ivory channel letters, (with no raceways) with bronze trim caps and returns. However, the size of the signs on Denton Tap Road and the rear of the property exceeds the maximum size permitted. Per Section 29-4.3(B) of the Zoning Ordinance, the maximum aggregate effective area on any one fagade shall be equal to one square foot per one lineal foot of faqade width. Therefore, the signs on Denton Tap and the rear elevation need to be reduced Page 2 of 3 Item # 7 from 56.5 square feet to 29.16 square feet. The sign on Town West Boulevard is in compliance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1190 for Green Pepper Asian Grill and Noodles restaurant and private club, subject to: 1. The sign on Denton Tap and the rear elevation being reduced to a maximum of 29.16 square feet. 2. The development of the property shall be in accordance with the site plan, floor plan, elevations and revised sign plan. 3. Hours of operation being 11 a.m. to 9 p.m. seven days a week. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Site Plan 2) Floor Plan 3) Elevations (3 sheets) 4) Sign Plan Page 3 of 3 Item # 7 ' 0 ~- J ('M'O'~ ~IB¥1~¥A) -- Z ! ! ! I II II II II uJ Z :g- .< T H E: C: I T Y 0 F COPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # ~ ITEM CAPTION: Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan and Minor Plat, to allow the development of an approximately 10,400 square-foot retail building on approximately 1.606 acres of property located at the southeast comer of S.H. 121 and Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 16, 2001 Decision of P&Z Commission: DENIED (5-0) with Commissioners Nesbit, McGahey, Kittrell, Halsey and Stewart voting in favor of denial. None opposed. Staff recommends denial, based on the following concerns: · The design and layout of the site is extremely inefficient, awkward, and potentially hazardous, requiring a significant level of redesign to address these issues. · The numerous outstanding issues and concerns regarding the landscaping, the functionality of the drive-through facility, overall circulation, and size of the building. · Proposed uses not supported by the Coppell Comprehensive Master Plan. · A general disregard for good design and site planning as exhibited in Coppell. Please see Jared Jackson's letter dated August 27, 2001, appealing this case to Council. DIR. INITIALS: ~'7, Agenda Request Form- Revised 5/00 CITY MANAGER REVIE @DynSPM 3109 Knox St., Ste 613 Dallas, Texas 75205 (214) 882-1058 August 27, 2001 City of Coppell Attn: Andrea Roy Planning Department 255 Parkway Blvd. Coppell, Texas 75019 RE Plats, Site Plan, and Civil Plans - Dynasty Cleaners Addition, Lot I BIk I Dear Ms. Roy, Our client and the current property owner are requesting to appeal the Planning and Zoning Commission's denial of our project, the Minor Plat & Site plan Submittal, to the city council of Coppell. Please let me know if there is anything else we nccd to do. If you have any questions please contact me at (214) 882-1058. I look forward to headng from you. Sincerely, Jared Michael Jackson, Jr. President Ps. I have included the plan changes, 15 - 24"x36" black lines, 3 - 8.5"xl 1" bond and a disk with the new jpeg drawings (the elevations did not change and are not included). CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Dynas ,ty Cleaners Addition~ Lot 1, Block 1, Site Plan and Minor Plat P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: August 16, 2001 September 11, 2001 Andrea Roy, City Planner Southeast comer of S.H. 121 and Denton Tap Road Approximately 1.606 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: Site Plan and Minor Plat approval for a 10,400 square-foot retail center, with dry cleaners and convenience store. APPLICANT: Engineer: Jared Jackson Enoch, Inc. 10203 Corlawood, Suite 110 Dallas, TX 75238 (214) 882-1058 (214) 341-2982 FAX Applicant: Choi Dynasty Inc. 1219 Jeanett Way Carrollton, TX 75006 (972) 446-8843 (214)341-2982 FAX HISTORY: There has been no platting history on the subject site. The Final Plat for the adjacent Jack in the Box site was approved by the Planning & Zoning Commission on July 20, 2000. TRANSPORTATION: State Highway 121 will eventually be built as a six-lane divided freeway. The subject tract is adjacent to the eastbound one way, three-lane service road of this highway, as well as adjacent to the northbound lanes of Denton Tap Road, which is a six-lane divided roadway, within 120' of right-of-way. Page 1 of 5 Item # 10 SURROUNDING LAND USE & ZONING: North- South - East- West - State Highway 121 Vacant; HC (Highway Commercial) zoning Jack in the Box, HC-SUP-1176 (Highway Commercial Special Use Permit-1176) Vacant; Magnolia Retail Center under construction, HC-PD 133 (Highway Commercial Planned Development- 133 ) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses. DISCUSSION: The applicant requests site plan and minor plat approval to allow the development of a 10,400 square-foot retail center on approximately 1.6 acres of property located at the southeast comer of S.H. 121 and Denton Tap Road. As proposed, the retail center will contain a 3,250 square-foot dry cleaner with drive-through facility, a 3,250 square-foot convenience store, and the remaining 3,900 square feet will contain retail uses. The convenience store use will require a Special Use Permit. The proposed retail center will be served by 54 parking spaces, exceeding the minimum requirement by two spaces. While the Comprehensive Plan supports "regional" retail uses in this area, convenience stores, dry cleaners, and "neighborhood" retail uses were not envisioned to be located at this comer. Staff does not object to a regional retail use in this location; however, a convenience store and dry cleaners placed at a primary enlrance into the City is not the image which Coppell intends to reflect, nor is it something that staff would support. Site Plan The layout of the site places the building at an angle, primarily fronting Denton Tap, with the proposed drive-through facility placed on the southern end of the building, extremely close to the entrance. While drive-through facilities are becoming extremely common for a variety of uses, the City, in cooperation with many applicants have made every effort to screen them from view and ensure their functionality with the remainder of on-site vehicular circulation. However, in this instance, the drive-through is clearly visible from Denton Tap Road and will likely hinder on-site circulation. The placement of the drive-through will force customers to make a sharp right and then sharp left mm immediately upon entering the site. Page 2 of 5 Item # 10 While the right mm is a standard right mm radii of 10', it remains likely that because of this quick decision to mm, queuing will not only occur within the aisle, but within the entrance, which also serves as a fire lane. Alternative placements have been suggested; however, the applicant feels that the proposed location is most appropriate for their needs. In response to staff's concerns, the applicant has shown directional signage which will allegedly guide drive-through customers in the correct manner. Other altematives, such as converting the aisle on the south side of the site into a one- way drive or relocating the drive-through, would require redesign. Additionally, because the building will sit at an angle, the parking serving the building is also positioned at a variety of angles. Staff is particularly concerned with the placement of two parking spaces on the north side of the building and two spaces on the south side of the building. Each space is located on or near roms, where an individual would not expect vehicles to be pulling in or backing out. The most troublesome are the two north parking spaces which are angled, making it difficult to mm into these spaces from the opposite direction without crossing into the oncoming travel lane. Further, the front row of parking closest to the intersection contains 17 parking spaces, exceeding the maximum 15 spaces in a row without a landscape island. Addressing these parking concems will likely cause a deficiency. A reduction in the size of the building may aid in reconfiguring the parking lot and improving on-site safety and circulation. Due to the fact that the site is situated at the comer of two heavily traveled roadways, no additional curb cuts would be permitted. Access to the site is limited to the existing Jack in the Box mutual access easement to the east and an existing off-site curb cut to the south. In reviewing the Minor Plat, it was discovered that the fire lane connecting Jack in the Box to the subject site does not align correctly. According to the applicant, the Jack in the Box fire lane was not constructed properly and the placement of the proposed fire lane does align with what is actually constructed. Further, the connection to the existing fire lane to the south has been designed far exceeding standard curve radii, with an opening measuring 46' in width. This is an unnecessary and excessive mount of paving. Architecture The retail center will be one-story, measuring approximately 24' in height and constructed of red brick with white brick accents. A green awning will be placed on the length of the north end of the building over the windows and a green standing seam metal roof will be placed over the roof accents and drive-through. At the request of Page 3 of 5 Item # 10 staff, the architecture of the building has been altered from the original submission. However, review of the architectural features and additional attention to detail is needed. Staff is unable to reference or confirm building measurements, as the building elevations are not drawn to scale. The applicant has shown staff the proposed building materials, yet no color board has been received. Bemuse the applicant has not determined the design of the signage for the dry cleaning use, signage guidelines have been placed on the plan. While staff has no objection to the guidelines, it is preferred that a specific user would show proposed signage, allowing for adequate review and comment by the Planning & Zoning Commission, particularly at this prominent location. Landscaping The proposed Landscape Plan lacks the character and design aspects of most landscape plans reviewed by staff. While the minimum requirements are met regarding the number of landscape islands and the number of trees, the plan clearly represents the minimum with the limited choice of plant materials, their placement, and general design. Further, the Landscape Plan does not comply with Section 34-5 of the Zoning Ordinance, which states that "Landscaping Plans shall be prepared by a landscape architect or landscape contractor that belongs to a bonafide nurseryman's association." The landscape plans do not possess this verification. The reference to "P & E Nursery" was placed on the plan with the current submission. Conclusion To conclude, the proposed plan provides much of the basic information required for review; however, the design, proposed use, landscaping, and numerous outstanding issues are a detrimental concern to staff. Denton Tap Road is a Primary Image Zone and the intersection of Denton Tap and S.H. 121 is a major gateway into the City from the north. The use and structure placed on this site will set the tone for further development in this area; a tone which should represent a quality, well-planned, and efficient site. As previously mentioned, staff does not object to a "regional" retail use; however, a convenience store and dry cleaners within a strip retail center is not a use which was envisioned nor suggested by the Comprehensive Plan, for this prominent intersection within Coppell. Many of these issues remain outstanding, unexplained, and unresolved, due to a lack of response by the applicant in addressing staff's comments throughout the Development Review Process. The current plan submission is the first plan which attempts to address staff's comments. Page 4 of 5 Item # 10 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends denial of the Site Plan and Minor Plat based on: The design and layout of the site is extremely inefficient, awkward, and potentially hazardous, requiring a significant level of redesign to address these issues. · The numerous outstanding issues and concerns regarding the landscaping, the functionality of the drive-through facility, overall circulation, and size of the building. · Proposed uses not supported by the Coppell Comprehensive Master Plan. · A general disregard for good design and site planning as exhibited in Coppell. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) 2) 3) 4) 5) DRC Comments Minor Plat Site Plan Landscape Plan Building Elevations (2 Pages) Page 5 of 5 Item # 10 City of Coppell Development Review Committee Comments Planning Department Dynas .ty Cleaners Addition Lot 1, Block 1 Site Plan and Minor Plat Southeast Corner of Denton Ta ~ Road and S.H. 121 DRC Date: July 26, 2001 and August 2, 2001 Planning & Zoning Commission Meeting: August 16, 2001 City Council Meeting: September 11, 2001 *Please note that there are numerous development issues surrounding the submitted Minor Plat and Site Plan. Staff strongly recommends against forwarding to the Planning & Zoning Commission until ail issues have been resolved. If the applicant wishes to proceed, any outstanding issues may result in a recommendation of denial In the event that the applicant remedies all noted issues, staff will conduct an subsequent full plan review. Minor 1. 2. Plat Revise Title Block to read Minor Plat and not Final Plat. Revise east fire lane/access drive alignment to correctly tie into the adjacent Jack in the Box site. Indicate on Plat that the two cross access easements (II-A and II-B, Vol. 99171, Page 2413) will be abandoned by separate instrument. These will no longer be needed, as driveway access will be from two existing curb cuts. Revise Utility Signature Block to read Verizon instead of GTE. Remove paragraph regarding Floodplain. While the floodplain signature block must remain, all other information surrounding should be eliminated fi.om the Plat. Site Plan 6. Revise Label on Site Plan and Landscape Plan Sheets, which indicates the site is Lot 1, Block.4 of Dynasty Cleaners Addition. The Plat indicates the site is Block 1. 7. Revise site and landscape plan to comply with Section 12-34-8 C2, which allows for a maximum width of accesswaYs between lots to be 25'; as currently proposed, the accessway between the subject site and the property to the south is approximately 35' in width. 8. Provide one loading space per Section 12-31-3 of the Zoning Ordinance, which requires all retail/commercial structures having 5,000 sq. i~. or more of gross area to provide loading/unloading of merchandise, measuring a min. of 12' x 30'. Additionally, please note that loading docks and areas shall not be located on the street side of any structure unless screened according to section 12-33-1(4). 9. The dumpster screen shall be constructed of the same materials and color of the building. Revise dumpster detail to indicate a brick dumpster enclosure will be constructed. 10. Provide doors on the dumpster, which are to remain closed unless in use, to adequately screen the dumpsters. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Remove all proposed landscaping from site plan; this should only be shown on the landscape plan. Please note that the standard required parking space dimension is 9' x 19'. Additionally, Section 12-31-5 of the Zoning Ordinance allows for 9' x 17' parking spaces, where the spaces adjoins an open area, allowing for proper overhang. (Note that this overhang area cannot be counted as landscaping area) Eliminate Construction Notes on Site Plan sheet and provide Site Data Table on Site Plan sheet, including the following information: · Existing Zoning · Proposed Use · Square footage of each use · Building area · Building Height · Required and provided parking per each use · Proposed lot coverage · Floor Area Ratio Indicate type of lighting facilities which will serve the site, including placement, height, type, etc. Indicate on site plan that convenience store will require a special use permit. Revise layout of three perpendicular spaces and one parallel space at the north end of the building; this is extremely awkward. Indicate that wheel stops will be provided for all parking spaces, which are immediately perpendicular to the building. These spaces are located directly on top of a window with no spacing in between. Explain or revise row of parking immediately in front of the building. Currently it is noted that 12 spaces are provided; however, one space contains an "X". Is this a walkway, handicapped space, etc.? Indicate location of proposed handicapped parking spaces and ensure that proper access is provided per ADA requirements. Placement of the drive-thru facility on the south end of the building at the entrance is extremely awkward. Indicate how traffic will be directed to the drive- thru, i.e. signage, etc. The site plan shows what appears to be an additional overhang over the drive-thru area, separate from the actual covered drive-thru. This does not match the building elevations for this side of the building. Please remedy. Indicate right-of-way width for Denton Tap Road. Varied is not acceptable. The applicant may want to reconsider the layout of parking in front of the building. As currently planned, no parking is located in front of the entrance to the Dry Cleaner, but is placed further to the north. Landscape Plan 24. Please note that, according to Section 12-34-5 Landscape Plans, paragraph II, of the Zoning Ordinance, a landscape architect or landscape contractor that belongs to a bonafide nurseryman's association must the submitted landscape plan. 25. Please note that 33 trees are required and only 31 are shown on the landscape plan. Provide one tree at the end of each row of parking, which will address this deficiency. 26. Staff would recommend the applicant provide seasonal color or smaller plantings at the comer of S.H. 121 and Denton Tap within the large green open space on the subject site. Additionally, staffwould also encourage the applicant to enhance the 27. 28. 29. 30. 31. 32. landscape plan, with a variety of plantings and the provision of some additional character. Please indicate on landscape plan the percentage of total site area devoted to landscaping. Revise proposed Plant List/Schedule Table to show the proposed trees and their scientific name. Substitute Texas Red Red Oak, Texas Pistache and Chinese Holly with plants that are shown on the City's approved Plant Palette. Provide a combination of Live Oak and Shumard Red Oak trees along the entire perimeter of the property, in keeping with surrounding properties. Increase line weight of text under the Legend and Landscape Data Table; this is difficult to read. Revise scale of Landscape Plan (currently 1-20) or Site Plan (currently 1-30) so that both plans are drawn at the same scale. Elevations 33. Revise building elevations to indicate north, south, east, and west instead of front, back, fight, and left. 34. Indicate the scale of the building elevations. 35. Signs attached to the building shall consist of individually mounted channel letters in white, black, gray, beige, or brown, with the same color.scheme used on all signs within the project. No signage is currently shown on the building. Staff would recommend that the type of sign proposed for the Dry Cleaners be submitted with the application in order to staff and Planning 8: Zoning Commission to conduct a full review. Otherwise, staff would recommend that detailed guidelines (font, color, proposed locations) for all proposed signs be noted on the site plan and elevations, ensuring full compliance with Zoning Ordinance requirements. (See attached sample) 36. Staff would recommend that the white accent brick be limited to no more than 20% of building materials. As currently proposed, it appears that it exceeds this level. Per the C.I.V.I.C Report, accent brick should be permitted provided that accent brick in combination with other non-masonry material do not exceed the 20% benchmark. 37. Ensure compliance with the C.I.V.I.C Report regarding windows. Glass should not exceed 50% of any one fagade of a building. Indicate percentage of glass on front fagade. 38. Staff would recommend that the applicant reconsider some of the architectural characteristics of the proposed building. While staff supports the building materials, the site is located at the gateway to the City and should reflect the standards and characteristics of Coppell, such as including typical roof slopes, architectural accent pieces, etc. (See attached plan) 39. Staff would recommend the lowering of the parapet wall along the front facade of the building. While there is no objection to a parapet wall, the roof projection at only the entry features is 6' above the lower parapet wall. The side and rear of these projections is clearly visible, giving the appearance of an artificial fagade. 40. Please contact the Fire Marshal (972) 304-3503 or Asst. Fire Marshal to discuss the height of the parapet. It is Planning Staffs understanding that a parapet wall can not exceed 4' above the roofline. 41. Please note that rooftop mechanical equipment shall be screened from view. Staff would encourage the applicant to review the screening requirements. It should be 42. 43. 44. noted that the intersection of S.H. 121 and Denton Tap Road will be elevated when construction of S.H. 121 is complete. Utility meters shall not be visible from view. Indicate the proposed placement of meters on the building to ensure proper screening. Indicate type and colors all building materials (i.e. Acme Red Brick #274), including windows and additional accent materials. Provide staff with a color board of the proposed project at the August 2, 2001 Development Review Committee Meeting. ADDED B Y FIRE MARSHAL 45. On-site fire hydrants will be required. 46. This structure will be required to be equipped with an automatic fire sprinkler system. Note: A. Please revise plats, site plans, landscape plans, and building elevations based on staff recommendations. Should applicant disagree with staff comments please provide reasons why staff recommendations should not be followed when you attend the August 2nd Development Review Committee (DRC) meeting. Each applicant will bring two new sets of revised plats and plans to the August 2nd DRC meeting. Applicants will be asked to show, explain and defend any revision. An Engineer for the project or other representative is urged to attend the meeting. Applicant will have fill noon Tuesday, August 7th to resubmit fourteen (14) folded copies of revised plans, three (3) reduced paper copies (8 1/2 X 11) and JPEG files of each exhibit to the Planning Department. mV OW NT coddh',' ' ITEM: ENGINEERING COMMENI S Dy-nasty Cleaners Addition, Lot 1, Block 1, Site Plan and Minor Plat, to allow the development of an approximately 10,400 square-foot retail building on a 1.606 acre tract of land located at the southeast comer of S.H. 121 and Denton Tap Road, at the request of Enoch, Inc. DRC DATE: July 26, 2001 and,4ugust 2, 2001 CONTACT: Kenneth M. Griffin, P.E., Director of Engineering (972-304-3679) COMMENT STATUS: 1. Need to provide a grading plan for drainage purposes. 2. Site plan - the plans for the Jack-in-the-Box to the east show that the 8" water line on the south side of your development and adjacent to Denton Tap Rd. was not constructed with the Jack-in-the-Box development. It is shown to be constructed by others. You will need to construct the 8" water line along your southern property line and along Denton Tap Rd. This is the water line that you are proposing to fie in your fire line, water meter and irrigation meter. The Jack-in-the-Box plans also show an 8" water line stub out in the fire lane along SH 121. Please comment on why you are proposing to tap into the existing water line to place a fire hydrant. Also please comment why you are placing a fire hydrant 30' away from a fire hydrant as shown on the Jack-in-the-Box plans. 3. Show sidewalk along SH 121 and Denton Tap Rd. and also please be advised that sidewalk shall be constructed with this development. 4. You should construct a manhole to tie the proposed 6" sanitary sewer line into the existing 8' public sanitary sewer line. Also you should provide a waste water access device at your property line on the 6" sanitary sewer line. 5. When you are constructing the water line along your southern property line, please comment as to why you are not taking your fire line off that water line. It is private at that location and that may eliminate the need for an additional fire line vault. I'm unsure if there are any type of agreements between Denton Tap Development and your development concerning that 8" water line. 6. An easement should be provided for the fire hydrant adjacent to Denton Tap Rd. and for the fire vault, if in fact, it remains adjacent to Denton Tap Rd. 7. You should only tap the 8" water line one time, not four times as shown. F COi i ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 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 $114,000.00, and authorizing the City Manager to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Please see attached. COMMENTS FROM CITY MANAGER: The design contract includes the ori~nal tennis courts as provided for in the bond issue of November 1999, as well as construction of a small concession/restroom facility in order to monitor the site, and appropriate parking. The total funds appropriated are $1.185 million, with $785,000 being appropriated from the bond issue of November 1999, and the balance being derived from CRDC subject to approval by that body, and final approval of the design by the City Council at a later date. If you have any questions or comments, please do not hesitate to contact me. We would like to expedite this since we continually fall behind regarding the tennis center development schedule. BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS: ~ Agenda Request Form - Revised 5/00 AMT EST $ +k-BID $ Funds for the Tennis Courts were part of the 2000 General Obligation Bonds. CITY MANAGER REVIEW: Document Name: "tennis 1 T H B · G I 1' Y · 0 F COPPEi L PARKS AND LEISURE SERVICES DEPARTMENT CITY COUNCIL AGENDA ITEM Date: September 7, 2001 To: Mayor and City Council Gary D. Sims, CLP, Director~~ Frolm Re: Consider Approval of a Professional Services Agreement with Scbxickel Rollins and Associates for the Construction Documentation and Contract Admlni.qration of the Proposed Tennis Courts and Related Amenities at Wagon Wheel Park, in an amount not to exceed $114,000.00, 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 instsllation of tennis courts. An Estimate of Probable Construction Cost of $785,000.00 was created based on these criteria. At this same time, Halffand 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 oftermis 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 iterni7~ projectg Soon aider 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. 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 Serviceg It is recommended a $'29,000.00 allowance be awarded for Contract Administration/Observation, $6,000.00 allowance for Field Surveys and $4,000.00 allowance for Geotechnical Services. This brings the total award of this Professional Services Agreement to a maximum orS114,000.00. 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 a parking lot, utility extensions and restroom building. City Council Action requested: Award of a Professional Services Agreement to Schrickel Rollins and Associates for the Construction Documentation/Adrnini.qtration/Observation for Tenni.q Courts and related amenities at Wagon Wheel Park, in an amount not to exceed $114,000.00. 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 ('~RA") acting by and through their authorized representatives. RECITALS: WHEREAS, the CITY held a Bond Election in November, 1999, to allow the citizens of CoppeH 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 CoppeH 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 IH 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 Thc term of this AGREEMENT shall bagin on thc 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 1 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. S. 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 lightweight fabric shade shelter. C. SERVICES IN CONNECTION WITH THE PROJECT SRA agrees to provide the following services: 1. Fi.e~[d .Surveys..: SRA shall arrange for and coordinate surveys to confirm locations of boundaries and comers and to provide a detailed topographic survey of a portion of the site. 2. G-eotechnical Services: A. SRA shall arrange for and provide a geotechnical investigation and report by an independent Geotechnlcal 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 Bo Design Dcv¢lopmem; SRA shall, upon the authorization of the City, prepare, for approval by the City, Design Developmem Documems 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..D~.cwaems:. SPA shall, upon authorization by the CITY, prepare a complete set of Construction Documems, 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 _an_d 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 Co Do Eo 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 shall be paid by the CITY). Opinions of Probable Construction Cost. Since SlOt 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 SlOt's experience and qualifications and will represent SRA's best judgment as an experie~ 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-bM conferences that may be conducted for the bidder's benefit. SRA shall assist the CITY in conducting the bid opening. SRA shall assist the CITY in investigating the bidders' qualifications and assist staff in making recommendations with regard thereto. AGREEMENT FOR PROFESSIONAL SERVICES Page 4 42007 o Co SRA shall assist the CITY in preparation of the contract documents intended for execution by the City and the contractor. Constn~ion ObservatioWConstru~ion A0ministmtion: 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-haff of a man- day (or six hours - maximum) eaclz 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, a jobsite review does not required SRA and sub-consultants to assume responsibilities for the means and methods of construction, nor for safety on the jobsite. (1) The CITY shall provide qualified inspectors to perform detailed daily (or otherwise fl:equent) inspections of the contractor's work in progress. AGREEMENT FOR PROFESSIONAL SERVICES Page 5 SRA shall endeavor to guard the CITY again~ 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. pertaining 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 requireA 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 Page6 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 thig 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. 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 bereof 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 PROa-ECT Budget. be The Hourly Invoice method, whereby invoices are written for the hourly charge rotes of the personnel time and procedures that are necessary to accomplish thc 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 shah not include local transportation, long-distance communications, postage, computer-aided design and drafting equipment, nor the costs of routine AGREEMENT FOR PROFESSIONAL SERVICES Page7 4~007 reproductions incidental to the production of final or review copies of the Contract Documents. Basic Professional Se, rvices of Stage, One: Desian Develoument; Staae ,Two: ~ons, trueti0n DOcuments: and Sta~e Three: Biddina, Compensation will be a sum proportional to the PROJECT Budget omount. 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: Pwj,ect Budget Maximum Compensation Percentage Com~e_ nsation $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 determ~inig 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 in the evem that bids are received by the CITY but no con. ct is awarded, the sum of the base and all additive alternate bids of the single lowest qualified bidder (a general contractor); or Co in the event that no bids are taken (or if alternates 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 42O07 Illustrative Eirmmples: (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 ofcompe~ nsation" 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 pr,o, fessiona! Serviees. The allocation of payments for the Basic Professional Services is as follows: Stage One - Design Developmem Stage Two - Construction Documems Stage Three - Bidding 35% 60% Total for these stages of Basic Professional Services 100% In the event that the PROJECT is abandoned, SRA .~hall receive final payment up to the completion of the stage which is currem under performance. Illustrative .Example Only: If compensation for the first three stages of Basic Professional Services is the proportional sum of $75,000.00, paymem will be allocated as follows: Design Developmem (35%) Construction Documents (60%) Bidding (5%) $ 26,250 45,000 3,750 Total $ 75,000 F. ALTERNATE SERVICES Bask professionaI Services,of, Staee Four Constructign 0bservation/C0n. stmgfion Admini. s, trg. tion -ALTE ,RNATE 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. Field Surveys - a contract allowance of $6,000. G-eotechnical 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. 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. Bo 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. The CITY will print and issue construction documents to prospective bidders and admini~er 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 shah be completed in accordance with the following. For the purposes of this Agreement, a month is defined as thirty (30) AGREEMENT FOR PROFESSIONAL SERVICES Page 10 42007 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 G~ol~echnical 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 Developmem shall be completed within six (6) weeks of authorization to begin, following substantial completion of the above Supplemental Services. 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. be Ii; 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 ofthi,~ 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 agreemems between the parties with respect to this subject matter. AGREEMENT FOR PROFESSIONAL SERVICES Page 11 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 perso~y 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 pa~ies, shall be governed by the laws of the State of Texas; and venue for any action conceding 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 shah 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 tbjs 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, agems, 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 behalfot; 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. AOREEMENT FOR PROFESSIONAL SERVICES Page 13 420o7 Q. TERMINATION This AGREEMENT shall continue until terminmion by either party by giving thirty (30) calendar days prior written notice to the other party. EXECUTED this day of ,2001. CITY OF COPPELL, TEXAS ATTEST: 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. CHEEIC, Vice President AGREEMENT FOR PROFESSIONAL SERVICES Page 14 42o07 EXHIBIT "A" CITY COUNCIL MEETING: September 11, 2001 ITEM ITEM CAPTION: Consider approval of awarding Bid/Contract #Q-0601o01 for the construction of Creekview Drive and a portion of Freeport Parkway Project No. ST00-01 to Infrastructures Services, Inc. in an amount of $1,040,811.47, as provided for in CIP funds; and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Dir. of Engineering/Public Works STAFF COMMENTS: On August 21~t the City of Copper received and opened bids for the construction of Creekview Drive. This project begins at the current dead-end of Creek-view Drive, approximately 800 feet east of Royal Lane, and continues to the intersection of the newly constructed Freeport Parkway. Also, we will be extending Freeport Parkway from Ruby Lane to the main entrance of the new Wagon Wheel Park. In a departure from what we have seen in past years, we had twelve bidders on this project. Ten of the twelve bidders were below the estimated cost for this project of approximately 1.3 million dollars. The bids ranged from $1,040,811.47 to $1,406,152.00. I have included the bid tabulation for the four lowest bidders. The low bidder on the project is a company that I am unfamiliar with. They apparently have a strong presence in the Houston area; however, they are just trying to break into this area. The consultant on the project, Schrickel, Rollins and Associates has checked references on the low bidder and is recommending that we award the project to Infrastructures Services, Inc. in the amount of $1,040,811.47. Staff concurs with the consultant's recommendation. Therefore, staff recommends that Council award the bid for the construction of Creekview Drive and a portion of Freeport Parkway in the amount of $1,040,811.47 to Infrastructures Services, Inc. Staff will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: Funds for this project are available in the 2000 DIR. INITIALS: Agenda Request Form - Revised 5/00 +k-BID $ Street CIP. CITY MANAGER REVIE¥ Document Name: #engl · 88/38/2081 14:55 8176497645 SCHRICKEL ROLLINS PAGE 82 Schrickel, Rollins and Associates, Inc. Consultants in Landscape Architecture - Engineerin§ o Plannrn$ August30,2001 Mr. Ken Griffin, P.E. Assistant City Manager City Engineer City of Coppell 255 Parkway Boulevard Coppell, TX 75019 Vir,,tor W."'$axler, ASL-~ Kent E. Be$1ey., ,~SLa, Jo,~eph E. Bradley, PE Te~ T. Cheek. ASLA Ter~ E. Cullender Oino J. Ferralli, PE Darnel B. Harlman, PE D~lb~ W. Hirsh, ~ Sanford P. LaHue, Jr., PE Hershel R. UndO, AP.~ David K. ~cCaskill. ASLA Robert M. Otey. PE Albert W. R~lins, P~ Christian 5chnirser. PE Gene S~ckel, FASLA Suzanne C Sweek ASLa Creekview Drive and Freeport Parkway (Project No. ST 00-01) Dear Ken: Bids were opened for the referenced project on August 21,2001 at 2:00p.m. Enclosed for your review is a tabulation of bids. Arithmetic errors have been corrected and are noted on the bid tabulation form. The low bidder is Infrastructure Services, Inc. in the mount of $I,040,811.40. The contractor appears to have experience with this t3'pe of project and therefore we have no objection to the award of the construction contract for the amount bid. Pleas find enclosed a copy of the contractor's references. If you have any questions, please feel free to contact me. Sincerely, S~HRICKEL, ROLLINS AND ASSOCIATES, INC. Daniel~p 'p~legate,E.I.T. DA/da/4126 Anackments I; 6: Corporate Ori~e West · Sui:e 200 · .*,rlinston, Texas 76fl06 · (8 ~ ?) 6d.9-3216;Metro (0171640-8212,.'F,~X (817t 649-'6~5 08/30/2001 14:55 8176497645 F~uC 22 O1 02:10p In~rastruoture SCHRICKEL ROLLINS Se~vioes 9'72-303-8064 PAGE 03 p.~ TXDOT -SOUTH HARRIS .- MALrREEN WAKELAND, P.E. 702 FM 1959 HOUSTON, TX. 281-464-5500 IH 610 SOUTH LOOP INTERSECTION RECONSTRUCTION $1,759,260.00 SUBSTANTIAL COMPLETE 7/01 TXDOT - CENTRAL HOUSTON CLIFFORD H.3LVORSEN, P.E. 713-802-5326 VORIOUS TXDOT PROJECTS - GENIE. RaJ_. MAINTENANCE +/- $ 5,000,000.00 METRO TRANSIT AUTHORITY OARY HODGES, P.E. 1201 LOUISIANA ST. HOUSTON, TX. 77002 713-655-1146 X 106 LA. MA.R RECONSTRUCTION $ 2,212,000.00 COMPLETION DATE I0/01 CITY OF MISSOURI CITY SHARON VALIANTE 1522 TX PARKWAY MISSOURI CITY, TX. 281-261-4338 GESSNER RD. RECONSTRU'CTION $ 278,000.00 COMPLETION DATE 9/00 TXDOT CLIFFORD H. ALVORSEN, P.E. 713-802-5120 FL~L DEPTH CONCRETE REPAIR, SIGN UPGRADE $ 2,168,000.00 CITY OF MESQUITE ALLEY RECONSTRUCTION COMPLE'FION DATE 8/96 GENERAL TXDOT REFERENCES * N. FL'kRR/S TX:DOT AREA 281-319-6400 DOUG STEPI-IRD, P.E. * BRAZOKIA TXDOT AREA 979-866-8500 LARRY [4ECKATHORN, P.E. 8 8 8 8 ~ ;~.. R 8 8 8 8 8. 8 8 8 8 ~ ~.~:: Y COUNCIL MEETING: September 11, 2001 ITEM ITEM CAPTION: Consider request by Telecommunications Board member to waive the Board attendance policy. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ DIR. INITIALS: Agenda Request Form - Revised :5/00 +X-Bm $ CITY MANAGER RE Document Name: %black. doc Jim Witt, city manager The City of Coppell 255 Parkway P.O. Box 478 Coppell, TX 75019 Beth Ann Black 147 Kingston Cir. Coppell, TX 75019 i~bime Phone: 972/745-7638 le Phone: 214-733-9581 E;mall: BABlackll~.aol.com September 4, 2001 Te~ecommunic~tibns Bom'd Attendance In reply to your Ietter dated August 31, 2001, I would' liI~e to continue as a~member ofthe City of Coppell's Telecommunications Board. As you stated~, Ihave spent many hOurs gi~g my time and'service to the~ committee since 1998. As you probably know, I bring a unique aspect to this board through my public relations career working with high teclmology cNents~ I constantly stress the i_m?ortancie of_ed~.~ting the communil3r about the cutting edge technology offered by the C~ty of CoppelL I also encourage increasing the awareness ofthi~ bOard'~ accompb~diments, how friar im~acts, ou~. ~ .an, d w~,.ys that our ideas and implementations make Coppell a more desirable community m wmcb to uve. Ybu can ask any other member ofthe board and'they w~Itell you that I actively participate at each meeting, adding to and raising specific questions and issues that are then addressed. The reason I'have miSsed'the f6110w~g meethll~s are as follows: November 21, 2000 - This was Thanksgiving week. Because CISD was on holiday, we took a f~mil~ vacation. At the OCtober meeting, I'quesfi0ned'hoIding ~ meeting the Tuesday prior to Thanksgiving and let the board know that I would not be attending. · March 20, 2001 - Assoc'~sted'wMi' my job, I attendedC~llula~ Telephony Intemet Association (CTIA) trade show in Las Vegas for my client to coordinate and mediate media interviL-ws. When I received'the e-maflnoti~e ofthe meeting, I sent an e-mail reply saying that I was out of town on business. · April' I7;' 2001- NORM. AI~LY; an e-maff'noffce i-s sent out on the F~iday prior to each meeting announcing the meeting and sending the minutes from the previous meeting for our reviL'w. Thik was the first time, I beliL, ve, that no noffce was sent. Al~o~ we DO normally meet on the third Tuesday of each month, our meeting has been changed m the past to accommodate schedule confli~s. I'di~l' realize the day f611~wing the .~. eeting th. at I had NOT received a notice and I sent an e-mail asking if we had indeed met. S'mce that Ume, I have received notice on the Friday prior to the. Tuesday meeting. · May 15, 2001- Associated with my job, I attended CTIA's'Wireless Agenda conference here'in Dallas with my client, ~g coor~ted severhl'medga inteiMews. Again,' i sent an e-mail reply to the notice that because.of Work, I would not be able to attend the meeting. I understand and appreciate the attendance policy associated with the City of Coppeil's board and' commism~ons, but as you can see, aIIbm one absence were unavoidable and that one lacked notification that we had previously received. In all cases, I communicated either prior to or shortly aRer the meeting, showing respons~oil~ and'in, est in the board. I would appreciate the Council allowing me to continue serving on the Telecommunications BOard. I'wouId-be liappy to me~ with you and~otliers to fl~er discuss thi.~ issue. Sincerely, Beth Ann Black CITY COUNCIL MEETING: September 11, 2001 ITEM # ITEM CAPTION: Consider appointments to the City's Boards, Commissions and Committees. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: 9~' AMT. EST. $ DIR. INITIALS: FIN. REVIEW:c~ Agenda Request Form- Revised 5/00 +X-BID $ CITY MANAGER REVIE Document Name: ~/d~lappt ~k~c AGENDA REQUEST NARRATIVE THE FOLLOWING VACANCIES ARE AVAILABLE: AMERICAN RED CROSS REPRESENTATIVE Citizen (2-year term of office) ANIMAL SERVICES APPEALS BOARD 2 Citizens (2- year term of office) BOARD OF ADJUSTMENT 2 Citizens (2-year term of office) CONDUCT REVIEW BOARD Citizens to serve 1-year terms of office COPPELL ECONOMIC DEVELOPMENT COMMITTE ,E. 3 Citizens (2-year term of office) KEEP COPPELL BEAUTIFUL 4 Citizens (2-year term of office) LIBRARY BOARD 5 Citizens (2-year term of office) :~ARKS AND RECREATION BOARD 5 Citizens (2-year term of office) =LANNING AND ZONING COMMISSION 4 Citizens (2-year term of office) SPECIAL COUNSEL Citizen Attorneys to serve 1-year term of office tELECOM BOARD 4 Citizens (2-year term of office) 2 Citizen (1-year term of office) F COPPEi £ AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11,2001 ITEM # ~ ITEM CAPTION: Selection of an official City of Coppell representative to TEX-21, Transportation Excellence for the 21st Century. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:ox~ AMT EST $ DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY COUNCIL MEETING: September 11, 2001 ITEM CITY MANAGER'S REPORT North Texas Commission Annual Dinner. Methodist Church - Heartz Road Parking. CITY MANAGER'S REVIEW: 6~-~~~~ AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 ITEM # I~~ MAYOR AND COUNCIL REPORTS Co Report by Mayor Sheehan regarding meeting with Texas Waste Management. Report by Mayor Sheehan regarding update of Coppell Education Development Corporation. Report by Mayor Sheehan regarding Grape Stompfest. Report by Councilmember Peters regarding Coppell High School Homecoming Parade on September 27th. Report by Councilmember Peters regarding Senior Adult Services Annual Golf Tournament on October Ist. Report by Councilmember Raines regarding Trinity Trails. CITY MANAGER'S REVIEW: