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CP 2001-09-18NOTICE OF CITY COUNCIL MEETING AND AGEN SEPTEMBER 11, 2001 CANDY SHEEHAN, Mayor BILL YORK, Mayor Pro Tern GREG GARCIA, JAYNE PETERS, DIANA RAINES, Place 1 Place 2 Place 3 MARSHA TUNNELL, DOUG STOVER, DAVE HERRING, JIM WlTT, City Manager 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 (0 1st FI. Conf. Room (CIc 1st FI. Conf. Room (0 Council Chambers (0 Notice is hereby given that the City Council of the City of Coppe in Regular Called Session on Tuesday, September 11, 2001, Executive Session, Work Session will follow immediately there; Session will begin at 7:30 p.m., to be held at Town Cent Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government £ may be convened into closed Executive Session for the pu~ confidential legal advice from the City Attorney on any agenda it, The City of Coppell reserves the right to reconvene, recess or Session or called Executive Session or order of business at 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 )A Place 7 Place 4 Place 5 Place 6 =en to the Public) ;ed to the Public) Den to the Public) Den to the Public) I, Texas will meet at 6:00 p.m. for ~fter, and Regular er, 255 Parkway :ode, this meeting ~ose of seeking m listed herein. realign the Work any time prior to ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Publi o Convene Executive Session A. Section 551.071, Texas Government Code Cons Attorney. 1. Papagolas Development Company v. City of C 2. Fischer v. Drees, et al. WORK SESSION (Open to the Public Convene Work Session A. Discussion regarding appointments to Boards and B. Discussion regarding interview and appointment p 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 SeptembE 2001 as Constitution Week, and authorizing the Mayor to 7. Report by Telecommunications Board· 8. Citizen's Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 28, 2001. Consider approval of awarding Bid #Q.0701-02 fo water meters in the following manner: Hersey #0100. 5/8" x 3/4" and 1", series #0300- 3" and 4", 6" and 8"; Master Meters - series #0100. 5/8 and 1" multi-jet, series #0300- 4" and 8", series connections; ACT Pipe & Supply- series #600- 4" an amount not to exceed $174,815.26; as budgete¢ ag091101 Page 2 of 6 Jltation with City oppell. ommissions. ocess for Coppell · 17 through 23, ;ign. the purchase of Meters - series ~", series #0400. x 3/4" multi.jet 3600. 3" without 6" 8" and 10" in I. ITEM # ITEM DESCRIPTION Co Consider approval of an ordinance setting the ma basic tier rates charged by AT&T Broadband, an, Mayor to sign. Consider approval of an ordinance setting the ma service trip rate charged by AT&T Broadband, an Mayor to sign. Land Use and Development Consider approval of an Ordinance for Case No. S- zoning change from C (Commercial) to C-S.U.R (Co~ Use Permit-il89), to allow the operation of an a square-foot donut shop to be located along the we Tap Road, north of Town Center Drive, and authori sign. END OF CONSENT 10. Consider approval of an Ordinance approving and adopti the City of Coppell for the Fiscal Year October September 30, 2002, and authorizing the Mayor to sign. 11. Consider approval of an Ordinance of the City of Coppell Ad valorem Taxes for the year 2001 at .6486/$100 ta) which .43777 for operations and maintenance and .2108 sinking, and authorizing the Mayor to sign. 12. Consider approval of a Resolution regarding the pass; Homestead Property Tax relief as provided for in state la~ the Mayor to sign. 13. Presentation by Mike Vasquez concerning changes to Ordinances to allow vinyl fencing in the City. 14. PUBLIC HEARING: Consider approval of the designation of a reinvestment Section 312.201 of the Property Redevelopment and Ta The property to be considered for Reinvestment Zone d property owned by CP.Coppell Industrial, Ltd., desc~ Industrial Addition, Block A, Lot I (30.33 acres) an, northeast corner of Royal Lane and Bethel Road, Coppell, ag091101 Page 3 of 6 ximum permitted authorizing the :imum permitted d authorizing the 1189, Donut City, ~mercial, Special ;)proximately 973 st side of Denton zing the Mayor to ng the budget for , 2001 through Texas levying the :able valuation of 3 for interest and tge of additional and authorizing Coppell Code of zone pursuant to x Abatement Act. esignation is that *ibed as Coppell J located at the Texas. ITEM # ITEM DESCRIPTION 15. 16. 17. 18. 19. 20. 21. 22. 23. Consider approval of an Ordinance designating the CP-( Ltd. Reinvestment Zone No. 34, and authorizing the Mayo Consider approval of a Resolution approving a Tax Abat between the City of Coppell and CP.Coppell Indu authorizing the Mayor to sign. PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lot 3R, and Replat, to allow the development of an approximate foot office building on a 7.017 acre portion of a 25 property located at the southwest corner of S.H. Boulevard) and MacArthur Boulevard. Consider approval of the Town Center Addition, Lot 2, BI( allow the development of an approximately 12,975 squar building on approximately 1.7 acres of property located of Denton Tap Road, approximately 475 feet south of Par Consider approval of the Town Center Addition, Lots 2 & Plat, to allow the development of a retail/office cen approximately 3 acres of property located along the ea Tap Road, approximately 325 feet south of Parkway Boul( PUBLIC HEARING: Consider approval of Case No. S.1190, Green Peppe~ Noodles, zoning change request from PD-178R (Plan~ 178R) to PD.178R-S.U.P-1190 (PD178R, Special Use allow the operation of an oriental restaurant and private in the Town Center West Retail Center at 171 N. Denton T; Consider approval of the Dynasty Cleaners Addition, Lo Plan and Minor Plat, to allow the development of an app square-foot retail building on approximately 1.606 a located at the southeast corner of S.H. 121 and Denton -r Consider approval of a Professional Services Agreeme Rollins and Associates for the preparation of ConstrL related to the development of Tennis Courts and rel; Wagon Wheel Park, in an amount not to exceed authorizing the City Manager to sign. Consider approval of awarding Bid/Contract #Q-( construction of Creekview Drive and a portion of Freepo~ ag091101 Page 4 of 6 :oppell Industrial, to sign. ,ment Agreement ~trial, LTD., and tlock G, Site Plan ly 71,000 square- 33 acre tract of 21 (Vista Ridge ck 3, Site Plan, to e-foot retail/office long the east side ~way Boulevard. 3, Block 3, Minor ter and bank on st side of Denton ,yard. Asian Grill and ~ed Development- Permit-Il90), to ;lub to be located ~p Road. 1, Block 1, Site oximately 10,400 cres of property ap Road. ~t with Schrickel, ~ction Documents tted amenities at ;114,000.00, and )601-01 for the 't Parkway Project ITEM # ITEM DESCRIPTION 24. 25. 26. 27. 28. 29. 30. No. STO0-01 to Infrastructures Services, Inc. in $1,040,811.47, as provided for in CIP funds; and authori sign. Consider request by Telecommunications Board mem Board attendance policy. Consider appointments to the City's Boards, CI Committees. Selection of an official City of Coppell represent~ Transportation Excellence for the 21st Century. Necessary action resulting from Work Session. City Manager's Report. A. North Texas Commission Annual Dinner. B. Methodist Church - Heartz Road Parking. Mayor and Council Reports. A. Report by Mayor Sheehan regarding meeting Management. B. Report by Mayor Sheehan regarding update of Development Corporation. C. Report by Mayor Sheehan regarding Grape Stompfe D. Report by Councilmember Peters regarding Cop Homecoming Parade on September 27th. E. Report by Councilmember Peters regarding Seni, Annual Golf Tournament on October 1st. F. Report by Councilmember Raines regarding Trinity Necessary Action Resulting from Executive Session. Adjournment. Candy Sheehan, Ma ag091101 Page 5 of 6 an amount of zing the Mayor to her to waive the )mmissions and ~tive to TEX-21, ~ith Texas Waste :oppell Education st. ~ell High School ~r Adult Services Frails. 'or CERTIFICATE I certify that the above Notice of Meeting was posted on the bul day of City Hall of the City of Coppell, Texas on this 2001, at Libby Ball, City Sect DETAILED INFORMATION REGARDING THIS AGENDA IS AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON WEBSITE (www. ci.coppell.tx, us) UNDER PUBLIC D(: COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with 1 Disabilities Act of 1990. Thus, in order to assist individuals with dis~ special services (i.e. sign interpretative services, alternative audio/ amanuenses) for participation in or access to the City of Coppel programs, services and/or meetings, the City requests that individual~. these services forty-eight (48) hours ahead of the scheduled progr. meeting. To make arrangements, contact Vivyon V. Bowman, ADA C designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-80, IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE N( Carrying of a concealed handgun on these premises or at any official the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edil junta oficial de politica en la ciudad de Coppell. ag091101 Page 6 of 6 letin board at the AVAILABLE rile CITY'S CUMENTS, he Americans With bilities who require visual devices, and sponsored public ; make requests for ~m, service and/or oordinator or other :).735-2989). ).95724 political meeting in icio, o en cualquier etary NOTICE OF CITY COUNCIL MEETING AND AGEN SEPTEMBER 11, 2001 CANDY SHEEHAN, Mayor BI LL 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 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 (0 1st FI. Conf. Room (CIc 1st FI. Conf. Room (0 Council Chambers (0 Notice is hereby given that the City Council of the City of Coppe in Regular Called Session on Tuesday, September 11, 2001, Executive Session, Work Session will follow immediately there~ Session will begin at 7:30 p.m., to be held at Town Cent Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government C may be convened into closed Executive Session for the pu~ confidential legal advice from the City Attorney on any agenda it, The City of Coppell reserves the right to reconvene, recess or Session or called Executive Session or order of business at 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 Place 7 Place 4 Place 5 Place 6 Den to the Public) ;ed to the Public) Den to the Public) Den to the Public) I, Texas will meet at 6:00 p.m. for ~fter, and Regular er, 255 Parkway :ode, this meeting ~ose of seeking m listed herein. realign the Work ]ny time prior to ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Publi, Convene Executive Session A. Section 551.071, Texas Government Code - ConsL Attorney. 1. Papagolas Development Company v. City of C~ 2. Fischer v. Drees, et al. WORK SESSION 3. Convene Work Session A. C. REGULAR SESSION 4. 5. (Open to the Public Discussion regarding appointments to Boards and Discussion regarding interview and appointment pr Education Development Corporation. Discussion of Agenda Items. (Open to the Public I nvocati on. Pledge of Allegiance. Consider approval of a proclamation naming SeptembE 2001 as Constitution Week, and authorizing the Mayor to Report by Telecommunications Board. Citizen's Appearances. CONSENT AGENDA Consider approval of the following consent agenda items: A. Bo Consider approval of minutes: August 28, 2001. Consider approval of awarding Bid #Q.0701.02 fo water meters in the following manner: Hersey #0100- 5/8" x 3/4" and 1", series #0300- 3" and 4", 6" and 8"; Master Meters - series #0100- 5/8 :) dtation with City )ppell. ommissions. ~cess for Coppell · 17 through 23, ;ign. the purchase of Meters - series ~", series #0400- 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 budgete¢. ag091101 Page 2 of 6 ITEM # ITEM DESCRIPTION Co Consider approval of an ordinance setting the ma: basic tier rates charged by AT&T Broadband, an( Mayor to sign. Do Consider approval of an ordinance setting the ma: service trip rate charged by AT&T Broadband, am Mayor to sign. Land Use and Development Eo Consider approval of an Ordinance for Case No. zoning change from C (Commercial) to C-S.U.R (Cot Use Permit-Il89), to allow the operation of an a square.foot donut shop to be located along the we Tap Road, north of Town Center Drive, and authori; sign. END OF CONSENT 10. Consider approval of an Ordinance approving and adopti the City of Coppell for the Fiscal Year October 1 September 30, 2002, and authorizing the Mayor to sign. 11. Consider approval of an Ordinance of the City of Coppell, Ad valorem Taxes for the year 2001 at .6486/$100 tax which .43777 for operations and maintenance and .2108 sinking, and authorizing the Mayor to sign. 12. Consider approval of a Resolution regarding the pass~ Homestead Property Tax relief as provided for in state la~ the Mayor to sign. 13. Presentation by Mike Vasquez concerning changes to ~'-~ e,~ Ordinances to allow vinyl fencing in the City. 14. PUBLIC HEARING: Consider approval of the designation of a reinvestment Section 312.201 of the Property Redevelopment and Ta The property to be considered for Reinvestment Zone d property owned by CP.Coppell Industrial, Ltd., deso Industrial Addition, Block A, Lot 1 (30.33 acres) an~ northeast corner of Royal Lane and Bethel Road, Coppell, ag091101 Page 3 of 6 :imum permitted authorizing the :imum permitted authorizing the 189, Donut City, nmercial, Special )proximately 973 ;t side of Denton ,ing the Mayor to ~g the budget for 2001 through Texas levying the able valuation of ~! for interest and ~ge of additional t, and authorizing Coppell Code of zone pursuant to x Abatement Act. ;signation is that 'ibed as Coppell located at the I'exas. ITEM # ITEM DESCRIPTION 15. 16. 17. 18. 19. 20. 21. 22. 23. Consider approval of an Ordinance designating the CP-C Ltd. Reinvestment Zone No. 34, and authorizing the Mayor Consider approval of a Resolution approving a Tax Abate between the City of Coppell and CP-Coppell Indus authorizing the Mayor to sign. PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lot 3R, B and Replat, to allow the development of an approximatel foot office building on a 7.017 acre portion of a 25., property located at the southwest corner of S.H. Boulevard) and MacArthur Boulevard. Consider approval of the Town Center Addition, Lot 2, BIc allow the development of an approximately 12,975 squart building on approximately 1.7 acres of property located al of Denton Tap Road, approximately 475 feet south of Par~ Consider approval of the Town Center Addition, Lots 2 & Plat, to allow the development of a retail/office cent approximately 3 acres of property located along the ea., Tap Road, approximately 325 feet south of Parkway Boule PUBLIC HEARING: Consider approval of Case No. S.1190, Green Pepper Noodles, zoning change request from PD-178R (Plann 178R) to PD-178R.S.U.P-1190 (PD178R, Special Use allow the operation of an oriental restaurant and private ¢ in the Town Center West Retail Center at 171 No Denton T~- Consider approval of the Dynasty Cleaners Addition, Lot Plan and Minor Plat, to allow the development of an appr square-foot retail building on approximately 1.606 a~ located at the southeast corner of S.H. 121 and Denton Ti Consider approval of a Professional Services Agreemer Rollins and Associates for the preparation of Constru related to the development of Tennis Courts and rela Wagon Wheel Park, in an amount not to exceed $ authorizing the City Manager to sign. Consider approval of awarding Bid/Contract #Q-C construction of Creekview Drive and a portion of Freepor ag091101 Page 4 of 6 oppell Industrial, to sign. ,ment Agreement trial, LTD., and lock G, Site Plan ~, 71,000 square- )3 acre tract of 21 (Vista Ridge :k 3, Site Plan, to ;.foot retail/office ong the east side way Boulevard. 3, Block 3, Minor er and bank on t side of Denton ,ard. Asian Grill and ~d Development- Permit-il90), to :lub to be located p Road. 1, Block 1, Site )ximately 10,400 'es of property ~p Road. ~t with Schrickel, ction Documents ted amenities at 114,000.00, and 601.01 for the Parkway Project ITEM # ITEM DESCRIPTION 24. 25. 26. 27. 28. 29. No. STO0.01 to Infrastructures Services, Inc. in $1,040,811.47, as provided for in CIP funds; and authori sign. 30. Consider request by Telecommunications Board attendance policy. Board mem Consider appointments to the City's Boards, C( Committees. Selection of an official City of Coppell Transportation Excellence for the 21~t Century. Necessary action resulting from Work Session. City Manager's Report. A. North Texas Commission Annual Dinner. B. Methodist Church - Heartz Road Parking. Mayor and Council Reports. A. Report by Mayor Sheehan C. D. E. represent~ regarding meeting Management. Report by Mayor Sheehan regarding update of Development Corporation. Report by Mayor Sheehan regarding Grape Stompfe Report by Councilmember Peters regarding Cop Homecoming Parade on September 27TM. Report by Councilmember Peters regarding Seni, Annual Golf Tournament on October 1't. Report by Councilmember Raines regarding Trinity Necessary Action Resulting from Executive Session. ag091101 Page 5 of 6 an amount of zing the Mayor to her to waive the )mmissions and Adjournment. Candy Sheehan, Ma .five to TEX-21, dth Texas Waste ~or ;oppell Education st. ~ell High School ~r Adult Services Frails. CERTIFICATE I certify that the above Notice of Meeting was posted on the bul City Hall of the City of Coppell, Texas on this 2001, at day of Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON ' WEBSITE (www. ci.coppell.tx, us) UNDER PUBLIC DC COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with Disabilities Act of 1990. Thus, in order to assist individuals with dis~ special services (i.e. sign interpretative services, alternative audio/ amanuenses) for participation in or access to the City of Coppel programs, services and/or meetings, the City requests that individual~ these services forty-eight (48) hours ahead of the scheduled progr meeting. To make arrangements, contact Vivyon V. Bowman, ADA C designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-80~ IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE N( Carrying of a concealed handgun on these premises or at any official the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edit junta oficial de politica en la ciudad de Coppell. ag091101 Page 6 of 6 letin board at the he Americans With bilities who require zisual devices, and sponsored public make requests for ~m, service and/or oordinator or other )-735-2989). ).95724 ~olitical meeting in cio, o en cualquier AVAILABLE rile CITY'S CUMENTS, '1' H EC I T Y 0 F COl)i~-l~i~I~' AGENDA REQUEST FORM EXECUTIVE SESSION Section 551.071, Texas Government Code - Consultation with C 1. Papagolas Development Company v. City of Coppell. 2. Fischer v. Drees, et al. SUBMITTED BY: Jim Witt TITLE: City Manager INITIALS ITEM ity Attomey. T H E: C I T Y 0 F COl~-~i.~L AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 WORK SESSION Co Discussion regarding appointments to Boards and Commis., Discussion regarding interview and appointment proces Development Corporation. Discussion of Agenda Items. CITY MANAGER'S REVIEW: ,ions. for 0oppell Education T H E: C: ! T Y O F' CO?P-ELL AGENDA REQUEST FORM * ~' ~ '~"~ ~ -, ~~~CITY'~ COUNCIL MEETING: September 11, 2001 A 8 - ~ ITEM CAPTION: Consider approval of a proclamation naming September Constitution Week, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:¢¥ AMT. EST $ +X-BID DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER ] Document Name: !Proclar ITEM 17 through 23, 2001 as ~EVIEW: II PR OCLAMA TION WItEREAS, September 17, 2001 marks the two hundred fourteent drafting of the Constitution of the United States of America by the Constitutional WHEREAS, It is fitting and proper to accord official recognition document and its memorable anniversary, and to the patriotic celebrations whicl the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamat: President of the United States of America designating September 17 through Week. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of 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 protecting the freedoms guaranteed to us through this guardian of our liberties, n rights may never be regained. IN WITNESS THEREOF, I have set my hand and caused the Coppell to be affixed this ~ ATTEST: Libby Ball, City Secretary ~ anniversary of the Convention; and to this magnificent will commemorate on each year by the 23 as Constitution Coppell, do hereby .787 by vigilantly membering that lost seal of the City of day of September 2001. Candy Sheehan, Maym ~' J~7 ~ CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Report by TelecommunicafionsBoard. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS:9~~ AMT EST $ +X-BI DIR. INITIALS: FIN. REVIEW~I~ Agenda Request Form - Revised 5/00 CITY MANAGE] Document Name: %lxh ITEM REVIEW: )tdoc F' COl5 - LI AGENDA REQUEST FORM CITY COUNCIL MEETING: September 11, 2001 CITIZENS' APPEARANCE ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHIN AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPt FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AN FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to following new Article 1-10: ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTIN CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a pul must sign a register and list their residence address, provided by the City Secn Council Chambers, and such persons may be heard only at the "Citizens Appe~ meeting or special meeting. Each speaker must state his or her name Presentations by individuals during the "Citizens Appearance" shall be limite An individual speaker's time may be extended for an additional two (2) mira majority of the Council members present. There shall be a cumulative lin allotted of any regular or special Council meeting. Those persons who signed Appearance" shall be called upon in the order that they have signed the prov attacks by any speaker shall be made against any member of the Council, corporation (Charter Article 3, Secfi~t. 12). CITY MANAGER'S REVIEW: ~~~ ITEM G RULES, TIMES ;LL, TEXAS, THE D PROCEDURES )F THE CITY OF aapter One (1) the G )lic hearing on the agenda, ~tary on a table outside the xance" portion of a regular and address of residence. :1 to two (2) minutes each. ttes with the approval of a fit of twenty (20) minutes ap to speak at the "Citizens ideal register. No personal layor, individual, group or T H ~= C I T Y 0 Ir COP EI IT, AGENDA REQUEST FORM '~'~~Ce J' .?'~'~ '~', '; ~ ITY COUNCIL MEETING: September 11,2001 ITEM CAPTION: Consider approval of minutes: August 28, 2001. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~ AMT EST $ +X-BI] DIP,. INITIALS: Agenda Request Form - Revised 5/00 CITY MANAGE'[ Document Name: O/omit ~$ MINUTES OF AUGUST 28, 2001 The City Council of the City of Coppell met in Regular Call Tuesday, August 28, 2001, at 6:00 p.m. in the City Town Center, 255 Parkway Boulevard, Coppell, Texas. members were present: .~d Se on Also present were City Wilkerson and City Candy Sheehan Mayor Bill York, Greg Garcia, Jayne Peters, Diana Raines, ...... Marsha Doug Dave Mayor was 1[ WORK 2. of cm08282001 Page 1 of 7 regarding Economic [mittee's Program Evaluation. regarding Registration Providers. Discussion of Agenda Items. Tennis Center Desi Ordinance. regarding Homestead Exem' ~e~to the P and Appoil 3blic) ttments to in Options. tion for FY E,evelopment of Retail cr Kathy Mayor Pro Tem York arrived during Work Session. REGULAR SESSION {Open to the 1~ l~)astor ~]ric l~)orter, Coppell l~irst Assembly of God, l~i,i~i ~i! nt 4. Pledge of Allegiance. ii!ii!i~iiii::ii!iiil}i!:'ii? .... iiiii!ii+iJ[!iiiiiiiil Mayor Sheehan led those present in dge eglance Mayor Sheehan welcomed members attendance. 5. Report by Te This item wa~ ~stp~i:::~o ~;~!§'rou~ b iat 6. There ~er date. consent age August of an ordinance amen of Ordinance of the Cit the authority to the City ire?~roperty or execute contrac competitive bidding in acco~ state law; and authorizing the Mayor C; Consider approval of a Resolution a~ written" Investment Policy of the City o: provided by the Public Funds Inves cm08282001 Page 2 of 7 in ere in ada items: 2001. ding Article ~, of Coppell Manager to ts without 'dance with to sign. :ending the Coppell as :ment Act, Chapter 2256, Texas Government authorizing the Mayor to sign. De E® Action: 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. Consider approval of an Chapter 13 of the Subdivision C, Section VII, "The ~ark conform the Park, Recreation and authorizing the Councilmember A, B carrying 2001-0828.1, No Code, and in Bendix to 1998 and Items No. the )rk and Stover and oi an~i!aut] sign. by on mendments of the City 11, 2001; J~m~ tt!~!ii~ity age~?~ade a presentation to Coun Issues i~ ......... ~ ' T~'::~:~!:¢,:: ~ discussion regarding when these chang{ cm08282001 Page 3 of 7 :il. s would take Action: Councilmember Tunnell moved to approve 2001-958 adopting amendments to the Home approved by voters of the City of Coppell at a Special on August 11,2001; and authorizing the Mayor to si Tem York seconded the motion; the motion carried Pro Tem York and Councilmembers Tunnell, Stover and Herring voting in favor of: Discussion and review of pro Exemption for FY 2003. ~ ' ~ Presentation: Jim Witt, City Manager, made 10. PUBLIC To receive 2001-2002 Presentati~li'/!~, Public ~i~i Coun .g and ad Issues T~a ii!i:;d~ slo~}ii~ard,ng the IMF Fund mber ~nnell moved to close ~e ~bhc York seconded ~e motion; ~e motion cm ~ro Tem York ~d Councilmembers G~cia, ~11, Stover ~d He~ing voting in favor of the mol cm08282001 Page 4 of 7 dinance No. ~ule :il. zised no one and the Tax ;aring. Mayor ·ied 7-0 with eters, Raines, ion. 11. PUBLIC HEARING: To receive public comment 2001-2002 tax rate of .6486. concerning t~ Presentation: Jim Witt, City Manager, made a presentation to Public Hearing: .... ,,~,i':~i!~,iiii:i,:~i!iiiii!i:ii Mayor Sheehan opened the Public signed up to speak. Action: 12. Councilmember Tunnell movedili~ii~se ~iil ~ H{ Pro Tem York seconded the the: can Mayor Pro Tem York~ Cou be , F Tunnell, Stover an~i g v ilfavo ot Consider Nonco e Proposed one Mayor rie~!~i}~0 with et~}~Rmnes, DFW A rt 13. by an Interlo( Representatio~ the Mayor to sign. C{ the motion carried 7- Garcia, Pe Herring voting in favor of the mot Mike Vasquez concerning of Ordinances to allow vinyl fe~ This ite~~' was postponed to be brought back at a later date. cm08282001 Page 5 of 7 :al Agreement ~ on the DFW )uncilmember 0 with Mayor ters, Raines, ion. changes to tcing in the 14. 15. 16. 17. Necessary action resulting from Work Session. There was no action necessary under this item. City Manager's Report. A. Youth Task Force. A. Jim Witt, City Manager, made a Youth Task Force that the City is Mayor and Council Reports. A. Report by Mayor North Texas Mayor's B. Report by Mayor non-voting board C. Report by Gra~ D. Report Texas ;he~ ~at re of C, She and M~ Yo: of Grape ,epte~ber 8th at 11:00 reported that she attended. on {Closed to the Session 551.071{ 1}, Texas Governme ,~,~nsultation with City Attorney. Open Records. cm08282001 Page 6 of 7 ,rt'S of the N~th Texas )pell will be position. yor Pro Tem vine's Grape a.m. the Texas ~ublic) at Code Mayor Sheehan convened into Executive Session at 8:21 p. under the above-stated article. Mayor Sheehan adjourned Session at 8:50 p.m. and opened the Regular Session. REGULAR SESSION {Open to the P~ m. as allowed the Executive 18. Necessary action resulting from There being no further business to come meeting was adjourned. ATTEST: Kathy Wilkerson, De an , M cm08282001 Page 7 of 7 the T H E: C I T YO F C-OPPELL AGENDA REQUE8 ITEM CAPTION: Consider approval of awarding Bid #Q-0701-02 for the purchase of water meters Hersey Meters - series #0100- 5/8" x 3/4" and 1", series #0300- Y' and 6", se~5 Master Meters - series #0100- 5/8" x 3/4" multi-jet and 1" multi-jet, series #0300 3" without connections; ACT Pipe & Supply - series #600- 4", 6" 8" and 10" in $174,815.26; as budgeted. T FORM iTEM # ill l in the following manner: es #0400- 4", 6" and 8"; 4" and 8", series #0600- an amount not to exCeed BUDGET AMT $ AMT EST. $ +k-BIZ FINANCIAL COMMENTS: Funds for the purchase of ~aater meters has been budgeted in Utility DIR. INITIALS: \~ Agenda Request Form - Revised 5/00 FIN. REVIEW(~ CITY MANAGER Document Name: #eng2 lng used. The meters will tncil meeting. Operations. REVIEW: ~ Staff recommends approval and will be available to answer any questions at the Col #0600 with connections is not being awarded because those types are no longer be be ordered on an as needed basis. SUBMITTED BY: Glenn D. Hollowell, Ipub~~)W~° TITLE: Assistant Director of rks STAFF COMMENTS: Six bids were received and opened on August 21,2001 for the purchase of water r~eters. The water meters are for our yearly replacement and for new commercial construction throughout th~ City of Coppell. While different vendors may be lower on a specific meter or size, it is recommended to a~ard the bid in the above manner to allow us to order and track the meters more effectively and efficiently. I. Consider a proval of awarding Bid #Q-0701-02 for water meters to Hersey Meter',; in the estimated amount ....... ~ ...... . ..... :_ ~u~ ~o~...~ted amount of $29,075 60 and to ACT Pipe & Supply, Inc. in the of $71,47t5.1U tO master/VI<LiCI~ BI tile gatutst~ ' estimated amount of $74,260.96 for a combined total not to exceed $174,815.26 as budgeted. The series To~ From: Date: RE: MEMORANDUM FROM THE DEPARTMENT OF PUBLIC WORKS Ken Grifl'm, P.E., Director of Engineering/Public Works Glenn D. Hollowell, P.E., Asst. Dir. of Public Works]~ ~}~ August 28, 2001 Water Meter Bids, Bid # Q-0701-02 Jim Ragsdill, we recommending awardi~ award breakdown as follows: Hersey Meters Master Meters Hersey Meters Master Meters Master Meters Master Meters Hersey Meters Master Meters Hersey Meters Master Meters Hersey Meters ACT Pipe & Supply Master Meters Dear Ken: After reviewing the bids with suppliers. We recommend that #0100- 5/8"x3/4" #0100- 5/8"x3/4" Multi-jet #0100- 1" #0100- 1" Multi-jet #0100- 1 ~" #0100- 2" #0300- 3" #0300- 4" #0300- 6" #0300- 8" #0400- Ali Sizes #0500- All Sizes #600- 3" I/Connections ~g the bid to three We will not be purchasing any series #0600- 3" w/Connections. Herse contract amount is $71,478.70, Master Meters estimated contract amou ACT Pipe & Supply estimated contract amount is $74, 260.96. A bid tab If you have any questions regarding this matter, do not hesitate to call. CITY OF COPPELL PUBLIC WORKS DEPARTMENT Meters estimated nt is $29,075.6 and alation is attached. T H E ¢ I T Y O F C-OPPEL£ AGENDA REQUES C'TT¥ COUNCIL MEETING: 09/11/01 ITEM CAPTION: Consider approval of an ordinance setting the maximum permitted basic tie~ Broadband, and authorizing the Mayor to sign. SUBMITTED BY: Rick Moore TITLE: Director of Information Services STAFF COMMENTS: The City of Coppell is authorized by the Federal Communications Commissi, rates for all entities that have a franchise agreement with the City. The Telecc reviewed the reports, discussed the findings with the auditor and recomme ordinance. BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST.$ +\-BID DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW.~ CITY MANAGER Document Name: {ATT T FORM ITEM, rates charged by AT&T ,n to regulate basic cable ,mmunications Board has nds the approval of this $ ',EVIEW: ATE T H £ C I T Y 0 F C-O?P-EL£ 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 Commis: regulate basic cable rates. In December 2000 Paragon Cable filed a rate i FCC for all North Texas customers which became effective January 1, 2C January 2001, the ownership and management of Paragon Cable shifted Broadband. Coppell joined Irving and Grapevine to hire C2 Consulting, audit the rate filings and determine the validity of the increase amounts. completed in February. Following is a summary of recommendations by 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 infl that AT&T used to recalculate the rate change. In April 2001, AT&T sul~ ;ion (FCC) to ncrease with the 01. Also in > AT&T 2nc. (C2C) to ['he audit was C2C: ationary figure mitted 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 proposed rate and 8¢ higher than the rate as recalculated by C2 Consultin After a review of the revised rate filing, C2 Consulting recommends acc¢ rate of $10.32 as submitted by AT&T Broadband and staff concurs with recommendation. At their August meeting, the Telecommunications Bo: basic cable rate as proposed by AT&T and the track trip rate as proposed Consulting. This suggested rate lowers the current cost of basic cable by An ordinance reducing these rates was reviewed by the Board and is incl~ consideration. The FCC requires AT&T Broadband to issue refunds, wit interest, to Coppell subscribers within 90 days of the passage of this ordiJ Please let me know ifI can provide any additional information or clarific original g. pting the basic his rd approved the by C2 7¢ per month. ~ded for council :~ requisite lance. ~tion. 183 h Engl~ Broadband ~verness Drive West ,wood, CO 80112 July 13, 2001 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 co in working through some of our issues with the Basic Service charge in the City ot discussed, the primary issue as identified by your consultant, C2 Consulting conce factor adjustment. We do not take issue with the consultant's report, but subseque FCC issued two new inflation factors and we would like to incorporate this factor calculation. Please note that should the City allow AT&T Broadband to utilize this most recen~ will result in a smaller true-up in our 2002 rate filing. Because the true-up compo~ 11.25% mark-up, it is in the customers' best interest to minimize any potential for negative true-up. In this regard, we respectfully request the City to approve a Bas $10.32 (inclusive of the $0.04 FCC User Fee), which incorporates the most recent 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 council approval. As you know, the previous cable owner implemented a rate of January 1, so the result of council approval of our proposed rate will be a decreas Thank you again for your assistance in resolving this issue, and please don't hesit; 267-2222 if you have any questions or would like any additional information. Sincerely, Senior Director Regulatory Affairs cc: Dick Kirby Attachment ~ Recycled Paper >perative approach Coppell. As :ns the inflation at to its release, the nto the final inflation factor, it ~ent includes an a subsequent c Service charge of FCC inflation ts possible after ;10.39 effective of $0.07. lte to call me at (720) Federal Commumcatmns Commission Washington, DC 20554 Cable Operator: FCC FORM 1240 UPDATING MAXIMUM PERMITTED RATES FOR REGULATED CABLE SERVICES Name of Cable Operator Coppell, TX-First Qr inflation factor 3.23%-Projected Period. 4ailing Address of Cable Operator 1. Does this filing involve a single franchise authority and a single community unit? If yes, complete the franchise authority information below and I enter the associated CUID number here: I TX0783 2. Does this filing involve a single franchise authority but multiple community units? Y If yes, enter the associated CUIDs below and complete the franchise authority information at the bottom of this page: 3. Does this filing involve multiple franchise authorities? If yes, attach a separate sheet for each franchise authority and include the following franchise authority information wi its associated CUID(s): Franchise Authority Information: Name of Local Franchising Authority City of Irving Mailing Address of Local Franchising Authority 233 Rodgers Rd Irving IFax Number Telephone number I 4. For what purpose is this Form 1240 being flied? 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) 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: I 12/21 c. Has an FCC Form 1240 been filed previously with the Franchising Authority? ~ If yes, enter the date of the most recent filing: { 9/30/ Page 1 4TX-H4165Rev I wc_2K 1RWB Working Copy Microsoft Excel 5.0 Version Approved by OMB 3060-0685 ES NO I NO X 12/31/2001 9/30/2000 NO X (mm/dd/yy) NO l (mm/dd/yy) { (mm/yy) ] (mm/yy) FCC Form1240 July 1996 ,/' Federa~ Communications Commission Washington, DC 20554 8. Status of Previous Filing of FCC Form 1210 (enter an 'x" in the appropriate box) YI a. Has an FCC Form 1210 been previously filed with the FCC? I 3 If yes, enter the date of the most recent filing: I 10/9/ Y1 b. Has an FCC Form 1210 been previously filed with the Franchising Authority? [ ) If yes, enter the date of the most recent filing: [ 10/91 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? b. Has an FCC Form 1200 been previously filed with the Franchising Authority? If yes, enter the date filed: [ 8/10/ YI I ) If yes, enter the date filed: I 8/10/ 10. Cable Progranmaing Services Complaint Status (enter an "x" in the appropriate box) Yl a. Is this form being filed in response to an FCC Form 329 complaint? 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 appropriate box) ['-~Check here if you are using the original rules [MARKUP METHOD]. Check here if you are using the new, alternative rules [CAPS METHOD]. If using the CAPS METHOD, have you elected to revise recovery for YI channels added during the period May 15, 1994 to Dec. 31, 19947 I ] 13. Headend Upgrade Methodology *NOTE: Operators must certify to the Commission their eligibility to use this upgrade methodology and attach an equipment list and depre~ ~'-"~Check 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 Filin Line Line Descri{ation Basic Tier 2 IA1 Current Maximum Pertained Rate I $ 9.7076 Module B: Subscribership Approved by OMB 3060-0685 S NO t995 ] (mnddd/yy) ~S NO I I 1995 [ (mm/dd/yy) NO 1994 I (mnddd/yy) 3 NO [994 I (mm/dd/yy) ;S NO I x I I (nuvddd/yy) ',S NO : I I iS NO iation schedule. d e Tier 4 Tier 5 a b Line Basic Tier 2 B 1 Average Subscribership For Tree-Up Period 1 7,693 C2 C3 C4 Average Subscfibership For Tree-Up Period 2 Es6mamd Average Subscribershil~ For Projected Period 7,734 Module C: Inflation Information Line Descrigtion Unclaimed Inflation: Operator Switching From 1210 To 1240 Unclaimed Inflation: Unregulated Operator Responding to Rate Complaint Inflation Factor For True-Up Period 1 [Wks 1] Inflation Factor For True-Up Period 2 [Wks 1] Current FCC Inflation Factor d e r 3 Tier 4 Tier 5 1.0000 1.0000 1.0225 1.0000 1.0323 Page 2 4TX-H4165Rev 1 wc_2K 1RWB Working Copy Microsoft Excel 5.O Version FCC Form 1240 July 1996 Federa"l Communications Commission Washington. DC 20554 Approved by OMB 3060-0685 Module D: Calculating the Base Rate a b d e Line Line Description Basic Tier 2 Ti 3 Tier 4 Tier 5 DI Current Headend Upgrade Segment D2 Current External Costs Segment 0.2422 D3 Current Caps Method Segment D4 Cun-ent 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 [AI-D1-D2-D3-D4-D5-D6-D7] 93542 Part II: True-Up Period Module E: Timing Information Line Line Description E1 What Type of Tree-Up Is Being Performed? (Answer "1", "2", or "3". See Instructions for a description of these types.) If "1", go to Module i. ff "2", answer E2 and E3. ff "3", answer E2, E3, F.,4, and E5. E2 Number of Months in the Tree-Up Period 1 E3 Number of Months between the end of Tree-Up Period 1 and the end of the most recent Projected Period E4 Number of Months in True-Up Period 2 Eligible for Interest E5 Number of Months Tree-Up Period 2 Ineligible for Interest Module F: Maximum Permitted Rate For True-Up Period a b d Line Line Description Basic Tier 2 Ti 3 Tier 4 Tier 5 F! Caps Method Segment For True-Up Period 1 [Wks 2] F2 Markup Method Segment For True-Up Period 1 [Wks 3] ~3 Chan Mvmnt Deletn Segment For True-Up Period I [Wks' 4/5] F4 True-Up Period 1 Rate Eligible For Inflation [DS+FI+F2+F3] 9.3542 F5 Inflation Segment for True-Up Period 1 [(F4*C3)-F4] 0.2100 F6 Headend Upgrade Segment For Tree-Up Period I [Wks 6] F7 External Costs Segment For Tree-Up Period 1 [Wks 7] 0.2458 F8 True-Up Segment For Tree-Up Period I 0.0143 F9 Max Perm Rate for True-Up Period 1 [F4+F5+F6+F7+FS] 9.8244 Module G: Maximum Permitted Rate For True-Up Period 2 a b d e Line Line Description Basic Tier 2 Ti 3 Tier 4 Tier 5 G 1 Caps Method Segment For True-Up Period 2 [Wks 2] ~2 Markup Method Segment For Tme-Up Period 2 [3¥ks 3] G3 Chart Mvmnt Deletn Segment For Tree-Up Period 2 [3~¢ks' 4/5] ~4 TU Period 2 Rate Eligible For Inflation [D8+F5+G I+G2+G3] 9.5642 G5 Inflation Segment for Tree-Up Period 2 [(G4*C4)-G4] G6 Headend Upgrade Segment For Tree-Up Period 2 [Wks 6] G7 External Costs Segment For True-Up Period 2 [Wks 7] G8 True-Up Segment For True-Up Period 2 G9 Max Perm Rate for Tme-Up Period 2 [G4+G5+G6+G7+GS] 9.5642 Page 3 4TX-H4165Rev 1 wc_2K l RWB Working Copy Microsoft Excel 5.0 Version FCC Form 1240 July 1996 · Federal Communications Commission Approved by OMB 3060-0685 Washington, DC 20554 Module H: True-Up Adjustment Calculation a b d e Line Line Description Basic Tier 2 Tier 4 Tier 5 Adjustment For True-Up Period 1 H1 Revenue From Period I 889,695.4500 H2 Revenue From Max Permitted Rate for Period 1 906,944.7857 H3 True-Up Period 1 AdjusUnent [H2-HI] 17,249.3357 H4 Interest on Period 1 Adjustment 1A82.7017 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 H10 Revenue From Max Perm Rate for Period 2 Ineligible for Interest Hll Period 2 Adjustment Ineligible For Interest [H 1 0-H9] total True-Up Adjustment H12 Previous Remaining True-Up Adjustment H13 Total Tree-Up Adjustment [H3+H4+HT+H8+H 11+H 12-G8] 18,732.0374 H14 Amount of Tree-Up Claimed For This Projected Period 18,732.0374 H15 Remaining Tree-Up Adjustment IH 13~H 14] Part III: Projected Period Module I: New Maximum Permitted Rate a b d e Line Line Description Basic Tier 2 Ti 3 Tier 4 Tier 5 I 1 Caps Method Segment For Projected Period [Wks 2] I2 Markup Method Segment For Projected Period [Wka 3] 13 Chart Mvmnt Deletn Segment For Projected Period [Wks 4/5] I4 Proj. Period Rate Eligible For Inflation [D8+FS+G5+I 1+I2+I3] 9.5642 I5 Inflation Segment for Projected Period [(I4'C5)-I4] 0.3089 16 Headcnd Upgrade Segment For Projected Period [Wks 6] 17 External Costs Segment For Projected Period [Wks 7] 0.2435 18 True-Up Segment For Projected Period 0.2018 19 Max Permitted Rate for Projected Period [14+15+I6+17+I8] 10.3185 110 Operator Selected Rate For Projected 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, authority to make refunds, you are not relieved of your obligation to make such refunds even if the permitted rate is higher than the conteste Signature Name and Title of Person Completing this Form: Larry Cole~ Regulatory Analyst Telephone number (720) 875-4853 Vickie Colbert - Executive Assistant Certification Statement WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONI~ (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 mad~ Date 3/1/2001 IFax Number (720) 875-5388 Page 4 4TX-H4165Revlwc_2KIRWB Working Copy Microsoft Excel 5.0 Version ~y the Commission oryourlocal franchising t rate or your current rate. ENT : in good faith. FCC Form 1240 July 1996 IONSULTINGSERVICES, INC. 7 801 Pen cross DeJl~ts. Texi~s (92'2 (912 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 of the first quarter 2001 inflation factor for the Form 1240 projected period. the City has not adopted final rates, the FCC regulations do allow for refre~, factors to reflect the most recent information available. ~26-7216 )nceming the use }iven the fact that hing the inflation At the time of the analysis (resulting in the recommended $10.16 rate), the ~nost recent factor available was 1.62% (third quarter 2000). Subsequent to that time, the FCq; has released the fourth quarter 2000 rate of 1.99% and the first quarter 2001 rate of 3.23%. Th~ 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 coml~utational errors.~ Therefore, based on FCC precedent in refreshing inflation factors to the most Irecent 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 1 There was a slight variation in the number of subscribers used in the updated computa~ ion. However, the impact was only $.0065. AN ORDINANCE OF THE CITY OF COPPEL, TEX3..S ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, ESTABLISHING FINDINGS AND THE MAXIMUM PER3 BASIC SERVICE TIER RATES CHARGED BY BROADBAND CABLE; PROVIDING A REPEALING C PROVIDING A SEVERABILITY CLAUSE; AND PROVID EFFECTIVE DATE. WHEREAS, the City of Coppell, Texas franchises cable televisic benefit of its citizens with Paragon Cable; and WHEREAS, AT&T BroadBand acquired Paragon Cable; and WHEREAS, the City has amended its Franchise Agreement wit to reflect such acquisition; and WHEREAS, the City is the Grantor of a franchise ordinance by City of Coppell and AT&T BroadBand Cable ("AT&T"); and WHEREAS, in accordance with applicable provis Telecommunications Act of 1996 (the "Act") and roles adopted Communications Commission ("FCC") and all other applicable feder~ and regulations, the City has undertaken all appropriate procedural stel: equipment and installation rates; and WHEREAS, in accordance with applicable FCC regulations the ordinance providing for the regulation of rates charged by cable tek within the City for the equipment and installation rates are related installation charges and providing for a reasonable opportunity for int{ express their views concerning basic cable regulations; and WHEREAS, on or about October 1, 2001 the City reviewed w known as FCC Form 1240; and WHEREAS, the City has caused to be audited and has con proposed basic service tier rate in Form 1240 is appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY THE CITY OF COPPELL, TEXAS: SECTION 1. That after review the following are ordained find Council: TEXAS, IITTED AT&T LAUSE; lNG AN n service for the a Paragon Cable and between the ions of the by the Federal and state laws to regulate the City adopted an vision operators equipment and :rested parties to nat is commonly :luded that said COUNCIL OF ings of this City 43168 A. That on or about October 1, 2001, the City of Coppell FCC form 1240 filing. B. That the City reviewed AT&T's FCC Form 1240 reasonableness of the proposed basic service tier rate. C. That the findings of the C2 Consulting audit, which is al incorporated herein by reference as Exhibit "A", are here findings. D. That based upon the information received from AT&T, ti that the rate proposed by AT&T for maximum pert reasonable. SECTION 2. That the City has an obligation to timely act upor application consistent with current FCC rules and regulations and that .~ of the FCC form 1240 received on or about October 1, 2001, is hereby az SECTION 3. That the City hereby further ordains: That based on the information received from AT&T and 1 from C2 Consulting Services, Inc., which is attac incorporated herein by reference as Exhibit "A", the ma: rate for the basic service tier established at $10.32 effi 2001. SECTION 4. All provisions of the ordinances of the City of C, with the provisions of this ordinance be, and the same are hereby, repea provisions of the ordinances of the City of Coppell not in conflict with this ordinance shall remain in full force and effect. SECTION 5. Should any sentence, paragraph, subdivision, section of this ordinance be adjudged or held to be unconstitutional, ilk same shall not affect the validity of this ordinance as a whole, or any thereof other than the part so decided to be invalid, illegal or unconstit not effect the validity of the Code of Ordinances of the City of Coppell, ~ceived AT&T's determine the ached hereto and by established as te City concludes ~itted service is the pending rate T&T's submittal :cepted. ecommendations bed hereto and dmum permitted :ctive January 1, )ppell in conflict [ed, and all other the provisions of lause, phrase or al or invalid, the )art or provision ~tional, and shall ?exas. 43168 SECTION 6. That this ordinance shall take effect immediately fi passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, TeE of ,2001. APPROVED: om and after its By: as, this __ day ATTEST: By: B y: -ROB~R'17 E./F~/kGER, CITY ATTORNEY (REIt~db 09/05/01) CANDY SHEEHAN MAYOR LIBBY BALL, CIT5 SECRETARY 43168 T H E; C I T Y 0 F COPP-EEE AGENDA REQUEI ~ ~ . x ,..,,~ COUNCIL MEETING: 09/11/01 5T FORM ITEM ITEM CAPTION: Consider approval of an ordinance setting the maximum permitted service 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 Commissi equipment rates for all entities that have a franchise with the City. The Telec reviewed the reports, discussed the findings with the auditor and recomm ordinance. BUDGET AMT. $ FINANCIAL COMMENTS:~N~ AMT. EST. $ +\-BID DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEI~ CITY MANAGER Document Name: {ATT :ip rate charged by AT&T on to regulate service and ammunications board has :nds the approval of this ',EVIEW AT2 ONSULTING SERVICES, INC. 7801 Pencross Ln. Dallas, Texas 75248 February l3,2001 Mr. Rick Moore Information Systems Manager City of Coppell PO Box 478 Coppell, Texas 75019 Ms. Melisa Leal Assistant to the City Mana~ 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 Paragon Cable ("Paragon" or the "Company") with the Cities on or about October is Paragon's second year to file a Form 1205 for Cities' review of its propos equipment monthly lease rates and installation and maintenance charges since imp the Social Contract provisions in 1996.2 The Cities continue to have original ju~ respect to the review and regulation of charges resulting from the Form 1205 comp~ This study does not constitute an examination of the financial condition of Paragc company. As such, C2 cannot and does not express any position with regard to validity of the financial information provided by Paragon during the course of the; BACKGROUND In its 2001 Form 1205 filing, Paragon proposes installation rates that are on averat than the 2000 rates. With respect to the equipment rates, the proposed addressable shows the largest variation, with Paragon actually charging a rate (operator s~ "eSR") that is considerably less than the maximum permitted rates CMPR") co Form 1205 formulae. ~ Subsequent to the filing of the Form 1205, AT&T Broadband assumed operation of the sy However, for purposes of this report, Paragon will continue to be referenced as it filed the supplied the supporting documentation. 2 Social Contract for Time Warner Cable ("Social Contract"), as approved by the FCC in for Time Warner, Memorandum Opinion and Order, FCC 95-478, released November 30, Contract Order"). T ;I. (972) 726-7216 F ~x (972) 726-0212 1205 filed by 1, 2000.~ This ~ changes in ementation of isdiction with ttations. n or its parent ~e accuracy or lalyses. ~e 39% greater x~nverter rate ;letted rate or reputed by the items. orm 1205 and bcial Contract 995, ("Social City Representatives Febmary 13, 2001 Page 2 The following table provides a comparison of the current rates, permitted 2001 rates, and Paragon's operator selected 2001 rates: Paragon propo., COMPARISON OF EQUIPMENT AND INSTALLATION RATES Hourly Service Charge Paragon Paragon Paragon 2000 Rates Proposed 2001 Proposed 2l MPR OSR $29.78 $32.48 $32.48 ;ervice stall - New $29.78 $43.19 $43.19 Install- Reconnection $17.27 $17.21 $17.21 Upgrade of optional services $17.27 $25.98 $25.98 Downgrade of optional services $17.27 $32.48 $25.98 Additional connect at installation $13.40 $21.76 $21.76 Additional connect - separate $27.40 $32.48 $32.48 Truck Trip $17.27 $21.76 $25.98 Changing Tiers $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 a components of Form 1205 filings developed for the following five Time W operating in Texas: · Austin Division · Houston Division (East and West, with East being previously operate( · San Antonio Division Southwest Division · Waco Division Therefore, each individual Form 1205 was reviewed for accuracy and the approp computations. SUMMARY OF FINDINGS Based on the information provided by Paragon, it appears that the primary increase in the installation and equipment rates are as follows: 'e based on the ruer divisions by TCI) dateness of any reasons for the City Representatives February 13, 2001 Page 3 1. The Company experienced a significant increase in the hourly rate outside contractors for installation and repair and maintenance of converters. The amount of time required to perform installation activities increase~ in large part due to what appears to be an increase in digital installation,' The capital investment in digital and analog addressable converters increased due to providing digital services (with the requirement converter). Increase in Contract Labor Expense Most of the five divisions use outside contractors to assist in installation activities maintenance of converters and remotes. These costs have been a component 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 showed: · The total number of contract labor hours assigned to the equipment bl stable between the 2000 filing and the 2001 filing; and · The total contract labor costs reported in the 2001 filing increased 45% from the costs included in the 2000 filing. The Company provided the explanation that such costs had increased in various due to the availability of qualified technicians. The labor pool has narrowed sign all of the cable and telecommunications construction that is in progress. Fo~ greatest increase in contract labor noted in the five divisions was in the Dallas metr Although the increase in contract labor is significant, the Company has pro~ supports these costs during the fiscal year period noted, (October 1999 through The FCC regulations allow for recove~ of actual costs incurred by the cable ope~ 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 activi~ rate has been proposed. Remember that the HSC is multiplied by each of these determine the maximum permitted rate for a particular installation activity. The increases in time requirements appear to be primarily related to inclusion ol installation activities. This is in large part due to the blending of the time r{ analog installation and the time requirement for digital installations.4 This blendin 3 To the extent outside contractors are used to repair and maintain remotes and converters, multiplied by the HSC and added to the capital investment to determine the equipment rat~ 4 Many operators have separate installation rates for analog and digital. It appears that Par developed an average rate to be charged for either type of installation activity. charged by remotes and significantly substantially of a digital md repair and >f the Hourly .ast two years tsket remained approxhnately parts of Texas ificantly given example, the ~plex area. ided data that >tember 2000). ator associated ies for which a ime frames to digital service quirements for would affect aeir hours are ~gon has City Representatives Febmary 13, 2001 Page 4 any installation activities that might include a digital installation, digital upgrade, digital problem requiring a technician review. Capital In vestment in Digitai/A ddressable Con verters The driving factor in the increase in digital/addressable conveners is the capital i~ by the Company in digital converters during the fiscal year in question. A review of digital/addressable converter net book value as of September 1999 compared September 2000 showed an approximate increase of 50% without any notable number of converter boxes in service.5 Clearly the cost per umt of the digital converters is significantly higher than the ar boxes. This, coupled with the fact that customers are trading out the older, less for digital boxes, increases the monthly rental rate required per unit for actual co provided by FCC regulation). Calculation Issues C2 notes two issues with respect to the calculation of the Form 1205 and the rest rates. These are: 1. The Company used estimated costs and investment for the month of S~ and 2. The proposed rate for a Track Trip does not appear to be in accor Form 1205 maximum permitted rate as calculated. a.) Estimated Expenses In accordance with FCC instructions, the Company has a recent twelve-mo calculating its Form 1205. As stated above, the period is noted by the Compan5 October 1, 1999 through September 30, 2000. However, the Company did no! costs and investment levels as of September 30th, but instead estimated this mom be included. The FCC instructions are clear that the Form 1205 is intended to recovery the customer premises equipment and operating expenses for installation and eqt activities. Although using an estflnate of the investment levels and expenses fr September 2000 does not appear to have a major impact on the Form 1205 compu in accordance with the FCC requirements.6 The FCC regulations do allow fo other than a recent twelve-month period, but any alternative thne period is subje~ by the franchising authority. 5 Remember that the monthly rate for converters is derived by dividing the cost recovery c, number of units actually in service. The cost recovery component is comprised of the labc and maintain, the annual depreciation on the investment, and the annual return on the inve~ 6 Paragon provided the actual September investment levels and depreciation for Schedules showed some increase in the levels used in the Form 1205_ Although not a complete upda September information, this suggests that the estimates used were reasonable. igital outlet or testment made of the amount to the level at change in the alog converter xpensive umts st recovery (as lting proposed ,,ptember 2000; lance with the ath period for as being fi.om ase the actual h's amounts to ictual costs of ipment related r thc month of £ations, it is not a time period to acceptance mponent by the r costs to repair .tment. A and C, which e of the City Representatives February 13, 2001 Page 5 C2 reco~mnends that the Cities require Paragon (now AT&T) to file future Forn 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 thirty days prior to tire 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 maximmn 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 t( the 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 truck trip. 2. Adopt a maximum permitted truck trip rate of $21.76 rather than the $25.78 proposed by the Company. 3. Provide for additional information to be submitted by the cable operator u ith the filing to better clarify the reasons for major cost increaseg. 4. Require the Company to use only actual costs/investment in future Form 205 filings. C2 appreciates having this oppommity to work with the Cities of Coppell, Grape~ ne, and Irving in review of the Form 1205 rates. If you have any questions regarding this report c r need clarifications as to the recommendations, please contact Ms. Connie Cannady at (9 72) 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/d,)wngrade 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 .~'6 maximum permitted rate shown on the Form 1205. AN ORDINANCE OF THE CITY OF COPPELL, TE3LkS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL ESTABLISHING FINDINGS AND THE MAXIMUM pi SERVICE TRIP RATE CHARGED BY AT&T BRI PROVIDING A REPEALING CLAUSE; PROVIDING A SEV~ CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell, Texas franchises cable television se of its citizens with Paragon Cable; and WHEREAS, AT&T BroadBand acquired Paragon Cable; and WHEREAS, the City has amended the Franchise Agreement to refl~ and WHEREAS, the City is the Grantor of a franchise ordinance by and Coppell and AT&T BroadBand ("AT&T"); and WHEREAS, in accordance with applicable provisions of the Telecor 1996 (the "Act") and rules adopted by the Federal Communications Comn all other applicable federal and state laws and regulations, the City has under procedural steps to regulate the equipment and installation rates; and WHEREAS, in accordance with applicable FCC regulations th ordinance providing for the regulation of rates charged by cable television City for the equipment and installation rates are related equipment and insl providing for a reasonable opportunity for interested parties to express the basic cable regulations; and WHEREAS, on or about October 1, 2001 the City reviewed what is FCC Form 1205; and WHEREAS, the City has caused to be audited and has concluded th~ for maximum permitted monthly lease rates in Form 1205 are inappropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY C' CITY OF COPPELL, TEXAS: SECTION 1. That after review the following are ordained findings A. That on or about October 1, 2001, the City of Coppell rec form 1205 filing. TEXAS, ;RMITTED )ADBAND; RABILITY rvice for the benefit ;ct such acquisition; between the City of xmunications Act of fission ("FCC") and :aken all appropriate : City adopted an operators within the allation charges and ir views concerning :ommonly known as said proposed rates )UNCIL OF THE ,fthis City Council: :ived AT&T's FCC 43167 B. That the City reviewed AT&T's FCC Form 1205 to determin of the proposed monthly equipment lease, installation and mai C. That the findings of the C2 Consulting audit, which is ~ incorporated herein by reference as Exhibit "A", are he: findings. D. That based upon the information received from AT&T, the the rates proposed by AT&T for the maximum permitted tr reasonable. SECTION 2. That the City has an obligation to timely act upc application consistent with current FCC rules and regulations and that AT& FCC form 1205 received on or about October 1, 2001, is hereby rejected fc proposed rate is not reasonable. SECTION 3. That the City hereby further ordains: A. That AT&T's request for maximum permitted truck trip Dollars and ninety-eight cents ($25.98) included in its Form denied. B. That based on the information received from AT&T and rec C2 Consulting Services, Inc., which is attached hereto and in reference as Exhibit "A", the maximum permitted rate for Twenty-one Dollars and seventy-six cents ($21.76) effective. SECTION 4. All provisions of the ordinances of the City of Coppel provisions of this ordinance be, and the same are hereby, repealed, and all o! ordinances of the City of Coppell not in conflict with the provisions of remain in full force and effect. SECTION 5. Should any sentence, paragraph, subdivision, clause, this ordinance be adjudged or held to be unconstitutional, illegal or invalk affect the validity of this ordinance as a whole, or any part or provision tt the reasonableness ntenance rates. tttached hereto and ;eby established as City concludes that mk trip rate are not n the pending rate T's submittal of the r the reason that the rate of Twenty-five ~205 filing is hereby ommendations from :orporated herein by he truck trip rate is anuary 1, 2001. in conflict with the ~er provisions of the this ordinance shall ~hrase or section of the same shall not ,~reof other than the 43167 part so decided to be invalid, illegal or unconstitutional, and shall not effe. Code of Ordinances of the City of Coppell, Texas. SECTION 6. That this ordinance shall take effect immediately passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Te: ,2001. APPROVED: APPRO~~.~.~. ~: /' By: __ ~Y ATTORNEY (REH/cdb 0J~/05/01 ) 3 :t the validity of the from and after its cas, this __ day of By: CANDY SHEE! ATTEST: By: LIBBY BALL, tAN, MAYOR .~ITY SECRETARY 43167 CITY COUNCIL MEETING: September 11 2001 ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1189, Donut City, zoning chan C-S.U.P. (Commercial, Special Use Permit-Il89), to allow the operation of an apl; donut shop to be located along the west side of Denton Tap Road, north of 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 On August 14, 2001, City Council unanimously approved this Special Use Permit (7 Staff recommends approval. DIR. INITIALS:~ FIN. REVIEW: Agenda Request Form -IRevised 5/00 CITY MANAGER @S I 1890 ge from C (Commercial) to roximately 973 square-foot Town Center Drive, and Special Use Permit (4-0). -0). REVIE AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, THE COMPREHENSIVE ZONING ORDINANCE AND MAP Ol OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY G] CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "C (COMMERCIAL-SPECIAL USE PERMIT - 1189) TO GRANT USE PERMIT TO ALLOW FOR THE OPERATION OF A REST/ BE LOCATED ALONG THE WEST SIDE OF DENTON TAP RO OF TOWN CENTER DRIVE, AND BEING MORE PARq DESCRIBED IN EXHIBIT "A" ATTACHED HER] INCORPORATED HEREIN; PROVIDING FOR THE APPROV~ SITE PLAN, FLOOR PLAN, AND ELEVATIONS, WITH ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", RESF PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PR SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the govern Coppell, Texas, in compliance with the laws of the State of Texas and pursuant Zoning Ordinance of the City of Coppell, have given requisite notices by publ and after holding due hearings and affording a full and fair hearing to all prop~ and to all persons interested and situated in the affected area and in the vic: governing body is of the opinion that Zoning Application No. S-1189 should b~ exercise of legislative discretion have concluded that the Comprehensive Zonin should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map o: Texas, duly passed by the governing body of the City of Coppell, Texas, as heret~ the same is hereby amended to grant a change in zoning fi.om "C" (Conm (Commercial - Special Use Permit-1189) to grant a special use permit for the o to be located along the west side of Denton Tap Road, north of Town Center particularly described in Exhibit "A" attached hereto and made a part hereof for special conditions. MMENDING ' THE CITY L4aNTING A .S.U.P.-l189" A SPECIAL ~URANT TO AD, NORTH ?ICULARLY ~TO AND kL OF THE SIGNAGE, ECTIVELY; ~,EPEALING ~VIDING A [~O EXCEED FOR EACH .ag body of the City of to the Comprehensive .cation and otherwise, ;rty owners generally, nity thereof, the said ; approved, and in the g Ordinance and Map ?IL OF THE CITY the City of Coppell, )fore amended, be and Lereial) to "C-S.U.P." .eration of a restaurant )rive, and being more fll purposes, subject to 42909 SECTION 2. That the Special Use Permit for a restaurant is hereby al: following special conditions: (A) The hours of operation shall be fi:om 5:00 a.m. to 5:00 p.m., Sund~ (B) The site shall be developed in accordance with the approved site elevations, with signage, which are attached hereto and referred t{ (C) That prior to issuance of the Certificate of Occupancy, a 4-calip shall be planted and tree reparation in the amount of Four Hund shall be paid to the City. SECTION 3. That the Site Plan, Floor Plan, and Elevations, with signa "C", and "D", respectively, and made a part hereof for all Exhibits "B", approved. SECTION 4. That the above property shall be used only in the manta provided for by the Comprehensive Zoning Ordinance of the City of Coppell, a: and as amended herein. SECTION 5. That the development of the property herein shall b{ building regulations, zoning ordinances, and any applicable ordinances except altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Cop with the provisions of this ordinance be, and the same are hereby, repealed, and in conflict with the provisions of this ordinance shall remain in full force and eft SECTION 7. That should any sentence, paragraph, subdivision, claus{ this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the st validity of this ordinance as a whole, or any part or provision thereof other than 2 ~roved subject to the through Saturday. plan, floor plans and herein in Section 3. ~r inch Austrian Pine red Dollars ($400.00) ge, attached hereto as >urposes, are hereby and for the purpose heretofore amended, in accordance with may be specifically Dell, Texas, in conflict 11 other provisions not ct. phrase or section of ne shall not affect the the part so decided to 42909 be unconstitutional, illegal or invalid, and shall not affect the validity of the C Ordinance as a whole. SECTION 8. An offense committed before the effective date of this or prior law and the provisions of the Comprehensive Zoning Ordinance, as amen, 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 this ordinance shall be subject to the same penalty as provided for in the C Ordinance of the City of Coppell, as heretofore amended, and upon conviction fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each often day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from an~ 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, thi ., 2001. APPRO 0 F : ROBERT E. HAGE',Py/,~ITY TTORNEY (REH/cdb 8/23/01) amprehensive Zoning inance is govemed by ed, in effect when the ~rovisions or terms of ~mprehensive Zoning hall be punished by a e; and each and every after its passage and the day of APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETAR 3 42909 STATE OF TEXAS COUNTY OF DALLAS WHEREAS, NHAN V. NGUYEN is the owner of a tract of land situated in the Geo 694, Dallas County, Texas, said tract being part of that tract of land conveyed Employee Profit Sharing Plan as recorded in Volume 99178, Page 1370 of said particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the southeast corner of Homeowner Huntington Ridge, an addition to the City of Coppell as recorded in Volume 930' Records of Dallas County, Texas, said point also being in the west line of Dentc Way); THENCE S OOdeg 58rain 32sec E along said west line of Denton Tap Road, a di; cross found in a sidewalk being the northeast comer of Lot 1R, Block A, Sonic of Coppell, Texas, according to the plat recorded in Volume 2000156, Page 182~ County, Texas; THENCE S 88deg 18min 44sec W departing said west line of Denton Tap Road a said Sonic Addition, a distance of 220..35 feet to a 1/2 inch iron rod found in Huntington Ridge Addition; THENCE N OOdeg 19rain 41sec E along said east line of Huntington Ridge, o dist iron rod found at an ell corner of said Huntington Ridge Addition; THENCE N 89deg 34min 53sec E along the south line of said Common Area, o PLACE OF BEGINNING and containing 36,685 square feet or 0.842 acres of land. rge W. Jack Abstract No. to Lee Properties, Inc., )eed Records, and more Association's Common Area, ;]3, Page 1513 of the Deed Tap Road (100 foot Right-of- ~tance of 165.57 feet to a Addition, an addition to the Cit;. f, Map Records of Dallas 3d along the north line of he east line of Lot 32 of ~nce of 170.45 feet to a 1/2 distance of 216.45 feet to the z Z 0 ] ,,~'G."kC.6E N NI-:3AI~Q :)INOS [Y -FIVJ'6 ONLLSIX3 H3J. Yt'1 01 NOIS3(] ~' 'IYIU:~LYIq - '1'1¥/f, A~NOSV~ HOIH ,9C'Ogg ':1 .*l,~',g~..gg N z .~Oz~ Z I I C-OPPEL£ AGENDA REQUE CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider approval of an Ordinance approving and adopting Coppell for the Fiscal Year October 1, 2001 through September 30, 2002, and auth SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ + \-B IE DIR. INITIALS:C~ FIN. REVIEWdS~ Agenda Request Form - Revised 5/00 CITY MANAGER Document Name: SBUD~ ST FORM ITEM # __~_~ the budget for the City of orizing the Mayor to sign. REVIEW: kDPT.DOC AN ORDINANCE OF THE CITY OF COPPELL, TE: ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, .4 ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YI OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002; APPR~ VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell has submitted proposed budget of the revenues and expenditures of conducting the affaJ providing a complete financial plan for 2001-2002; and WHEREAS, the City Council has received the proposed budget, CAS PPROVING AND ~,AR BEGINNING IPRIATING THE OR RECORDING 3RDINANCES IN PROVIDING AN the City Council a rs of the City and a copy of which proposed budget and all supporting schedules have been filed with the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hea~ law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF C SECTION 1. That the proposed budget of the revenues of the City expenditures of conducting the affairs of the City, providing a complete fn ensuing fiscal year beginning October 1, 2001, and ending September 30, 2£ the City Council by the City Manager, be, and the same is hereby, in all approved as the budget of all current revenues and expenditures of the Cit5 beginning October 1, 2001, and ending September 30, 2002. SECTION 2. That the sum of $53,093,471 is hereby appropriated 1 established in the approved budget, attached hereto as Exhibit "A" and madt purposes. SECTION 3. That the City Council reserves the authority to appropriations to any individual department or activity. Secretary of the City · rags as required by )PPELL, TEXAS: )f Coppell and the tancial plan for the 02, as submitted to things adopted and for the fiscal year t>r the expenditures part hereof for all ransfer designated SECTION 4. That all notices and public hearings required by h completed. SECTION 5. That all ordinances of the City of Coppell in conflict wi this ordinance be, and the same are hereby, repealed and all other provisions the City of Coppell not in conflict with the provisions of this Ordinance shall and effect. SECTION 6. That should any sentence, paragraph, subdivision, claus of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid affect the validity of this Ordinance as a whole or any part or provision thereo thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Cot 1 lth day of September, 2001. CITY ATTOR~~r .w have been duly th the provisions of )f the ordinances of remain in full force e, phrase or section the same shall not other than the part .fter its passage, as Dell, Texas, on the APPROVED: MAYOR ATTEST: CITY SECRETARY T H I~ C ! T Y 0 F~ COPF-ELL AGENDA REQUEST FORM COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, T~ Taxes for the year 2001 at .6486/$100 taxable valuation of which .43777 for open .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 :~x~k AMT. EST. $ +\-Bit DIR. INITIALS:r~;Ir Agenda Request Form - Revised 5/00 FIN. REVIEW:~k CITY MANAGER Document Name: Stxrto~ xas levying the Ad valorem ttions and maintenance and REVIEW: d.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING T} TAXES FOR THE YEAR 2001 AT A RATE OF .6486 PER ONE HU1~ ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERT CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2001; INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBT PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER ~ AND INTEREST; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF £ SECTION 1. That there be and is hereby levied for the year property, real, personal and mixed, situated within the limits of the City of not exempt by the Constitution of the State and valid State laws, a tax of Hundred Dollars ($100) assessed value of taxable property, and shall distributed as follows: a) For the PURPOSE of defraying the current expenses of the m of the City, a tax of $.43777 on each One Hundred Dollars ($100) assessed property. b) For the PURPOSE of creating a sinking fund to pay the inter all outstanding bonds of the City, not otherwise provided for, a tax of $.', Hundred Dollars ($100) assessed value of all taxable property, within the applied to the payment of such interest and maturities of all outstanding bond~ SECTION 2. That all ad valorem taxes shall become due and pal 2001 and all ad valorem taxes for the year shall become delinquent after There shall be no discount for payment of taxes prior to said January 31,200 shall incur all penalty and interest authorized by law (Section 33.01, et seq., Code), to wit: a penalty of six percent of the amount of the tax for the first delinquent plus one percent for each additional month or portion of a mo: 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 [E AD VALOREM [DRED DOLLARS Y WITHIN THE ['O PROVIDE AN OF THE CITY; ITH PENALTIES OPPELL, TEXAS: ,001 on all taxable 2oppell, Texas, and .6486 on each One >e apportioned and ~nicipal government value of all taxable .~st and principal on H083 on each One 2ity which shall be able on October 1, lanuary 31, 2002. 2. A delinquent tax Texas Property Tax calendar month it is ath the tax remains f twelve percent of the amount of the delinquent tax without regard to the number of month; delinquent. A delinquent tax shall also accrue interest at a rate of one per cen portion of a month the tax remains unpaid. Taxes that remain delinquent on an additional penalty of fifteen percent of the amount of taxes, penalty, ant additional penalty is to defray costs of collection due to contract with pursuant to Section 6.30 of the Property Tax Code. SECTION 3. Taxes are payable in Coppell, Texas, at the Assessor/Collector. The City shall have available all rights and remedies the enforcement of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Counci supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be authorize the collection of ad valorem taxes for the year 2001, this ordina] from and after its passage as the law in such cases provides. DULY PASSED and adopted by the City Council of the City of Copl 1 lth day of September 2001. APPROVED: AcP~iTY ATTORNE~ : the tax has been for each month or uly 1, 2002, incur interest due; such te City's Attorney ~ffice of the Tax rovided by law for together with any reacted in order to ce shall take effect ~ell, Texas, this the MAYOR ATTEST: CITY SECRETARY ? H E: C I T Y 0 F COPPELL CITY COUNCIL MEETING: September 11, 2001 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution regarding the passage Property Tax relief as provided for in state law, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: AMT EST $ +k-BID BUDGET AMT $ FINANCIAL COMMENTS: CITY MANAGER Document Name: !Resolu DIR. INITIALS: Agenda Request Form - Revised 5/00 of additional Homestead .~EVIEW: ~ e RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF T COPPELL, TEXAS, REGARDING THE PASSAGE OF HOMESTEAD PROPERTY TAX RELIEF AS PROVIDED 1~ LAW. WHEREAS, the Mayor and Council of the City of Coppell wish to property tax relief for the citizens of our community; and WHEREAS, the Homestead Property Tax Exemption has been fou effective mechanism for homeowner property tax relief; and WHEREAS, before April 1st of each year the City must take fort additional property tax relief through the Homestead Property Tax Exemption. NOW THEREFORE, BE IT RESOLVED BY THE CITY CO CITY OF COPPELL, TEXAS: SECTION 1. That the City of Coppell hereby declares its intent to of an additional two percent (2%) Homestead Property Tax relief to elibigle owners before February 28, 2002. SECTION 2. This review shall take into consideration the City's fina~ including expenditures, revenues, five-year plan, and capital improvement pfc condition of the local, state and national economies. DULY PASSED and approved by the City Council of the City of Col the day of September 2001. APPROVED: CANDY SHEEHAN, MAYOR HE CITY OF kDDITIONAL DR IN STATE provide residential nd to be the most ~al action to grant INCIL OF THE · eview the granting residential property acial condition, ects, as well as the >ell, Texas, on this ATTEST: 1 JBBY BAI~L, crrY SECRETA~ APPRO~RM: ROBI~R~ E. HAG~E~/,~TTORNEY ~Y T H E: C I T Y O F OPP-ELE AGENDA RE QUE', ~ ~' ~ '/~ "~ q~~~CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Presentation by Mike Vasquez concerning changes to Copp( allow vinyl fencing in the City. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~k'~' AMT. EST. $ +k-BID DIR. INITIALS: Agenda Request Form - Revised 5/00 CITY MANAGER Document Name: !Fence ,T FORM ITEM# !~ ',Il Code of Ordinances to (EVIEW: MEMORANDUM August 22, 2001 To: ~'~m Witt, City Manager From: Greg Jones, Chief Building Offi Subject: Fencing Materials Survey CCiITY MANAGE TY OF COPPE~ I made an informal survey of surrounding communities with regard to the fencing materials allowed and am including it here for your information. Carrollton Farmers Branch Colleyville Piano Lewisville No materials restriction for residential/Co~m~ercial masonry or wood Plastic materials acceptable Plastic acceptable (if not objectionable to n~ighbo~ Plastic acceptable Vinyl or fiberglass allowed (if not objectionable)** * Colleyville indicated that they actually had not seen but one vinyl fence particular one was reviewed and deemed not to be objectionable by a ~ ** Lewisville indicated that vinyl or fibexglass materials were acceptable have an objectionable appearance (they indicated that their Code Enforcel make that determination in the field). Most departmems contacted indicated their ordinance had simply not add of vinyl or plastic-type materials as our ordinance hss. When asked, thei was that plastic should be O.K~ xc: Bob Kruse, Fire Chief types of limited to od)* and that ~visor. if they did not nent officers ~essed the issue stock answer TOTAL. P. r_~ August I Cop. pell P.O.; Box co P ,i-r Dear Cou Vinyl fenc From an Fro{n a money 2001 ty Coun :il 9478 exas 75C 19 ncil Members: 8011 Oran, Coppell, 1 I strongly turge that code t° a low con.~ real'dais Ifor their f I, I resource-- time a the coc n the m~ e their w onsumer At the tim, i avaiiable hay,~' mac average c ~aintain ~g.one's property. e was written, materials such as vinyl were ~otj rea .djly rket as a fenoing option. Over time, new alternative ~aterJals ty into the marketplace and are more acces lue consideration be given to changing the ;umers the benefit of having more options ;nces and the dght of allocating some of tht td money in a manner they see fit. ,SinCerely] ,.,~ , Ka~, aa( Micll'ael Vasquez Dr_ exas 75~ d 9 sil:J, e to r most important I am wfith ~g this le~er to request that Article 9-2-7 of the Coppell ~ity ,Code be upd~.~t~'t~ allow v~nyl fencing in the city. Coppell is only. one. o~r tv~? cities in the me~ople~ ar~ whbse code does not permit this newer tenangj o?on. ing can [ rovide several benefits to the city as well as, itsj citizens. esthetic x)int of view, these fences do not rot. deteri 3r~te, or._ discolor. nsumer", point of view, vinyl fencing yields a savings of~timeiand EVERYTHING YOU WANT TO K ABOUT BUffTECH VINYL FEN WHAT IS BUFFTECH'S PRODUCT MADE Of? The base ingredient is rigid PVC (polyvinyl chloride) modified to provide excepti( ultraviolet (UV) resistance. The formulation is similar to that of vinyl siding, whicl- 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 UV protection into the outer cap, while providing for excellent impact resistance These layers can not separate. IS IT RECYCLED PLASTIC? Technically, "recycled" refers to post consumer or post industrial materials comir PVC can and is being recycled. Bufftech does not use the waste stream as a so our own PVC where it meets our rigid specifications. The use of this reprocessel waste stream, positively effecting our environment. WILL IT TURN YELLOW? Bufftech products contain 10 parts titanium dioxide (TI02), which reduces the lik~ WILL IT BREAK In COLD/HOT WEATHER? As with most plastics, vinyl will become less flexible in colder weather conditions unusual impact, it will not break. It is normal for materials to expand and contrac Our product has been engineered to accommodate normal temperature swings WHY DON'T YOU MAKE DARK COLORS? Titanium dioxide is the main ultraviolet inhibitor· It is a white pigment. Therefore, while having this significant amount of white pigment. Dark colors also absorb h, 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 "self-extinguishing". DOES It CHALK? Light chalking is a normal occurrence of any pigmented surface. Washed away b in weather, this process helps to keep your fence looking like new. In effect, it co virtually maintenance-free. How STRONG IS IT? PVC can be impact modified. Bufftech has tailored its formulations to meet or ex for excellent performance in the field. WILL IT HOLD MY ANIMALS? CAN MY KIDS CLIMB ON IT? W CHEW on It? Bufftech products have smooth surfaces with no nails, sharp edges or chance fo pets and animals are all safer. Vinyl has a tough surface, retains virtually no mci,, horses tend not to "crib" or chew on a Bufftech fence. In addition, our experience holds up to routine property maintenance. B u FFTEC H · 800-333-0569 2525 WALDEN AVE, BUFFALO, NY 14225 NOW CING Inal impact strength and has a history of providing put a higher concentration of n the interior substrate material. from the waste stream. Jrce. However, we do reprocess material keeps it out of the lihood of ultraviolet degradation. However, unless subjected to during temperature changes. nd changing climatic conditions. t is difficult to obtain a dark color ,at. There is no current tegorized as being rainfall and normal changes JId be described as '.eed the requirements necessary LL MY HORSE · splinters. You, your children, ;ture and has no taste - therefore shows that Bufftech fencing Made in USA EVERYTHING YOU WANT TO KNO ABOUT BUFFTECH VINYL FENCI How DO ! KNOW It WILL LAST? Bufftech's process is similar to that which has been used to produce vinyl siding. In add 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 purchaser. Refer to the warranty document for specific details. How DO ! CLEAN It? Use of a non-abrasive liquid cleaning agent is normally sufficient. However, for more StL similar to Soft Scrub® may be helpful. Refer to Bufftech's care and maintenance documenl maintenance suggestions. CAN I PAINT IT? There should be no reason to paint your Bufftech fence. If you decide to paint it, an epo to be used in order to adhere to the smooth vinyl surfaces. As with any painted product, repainted in time. Any painting of your Bufftech product voids Bufftech's written warrant CAN I ADD a HOT WIRE ATTACHMENT? Attachments like a hot wire for post & rail fencing can be attached to your Bufftech fenc WHY IS IT MORE EXPENSIVE THAN WOOD? Very simply, it's not! Although your investment is more initially, this is where your expen., difference is quickly eliminated once the substantial cost of continuous maintenance of; considered. Bufftech fencing is the economical way to go, confidently saving you time a~ 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. as a percentage. 175 I E 150 '125 100 75 50 25 0 I 6 9 12 17 20 YEars Conclusion: Your Bufftech fence cost over 20 years is constant because there are virtue repair bills. Wood or metal fences are less expensive in the first few years, but increase than your virtually maintenance free vinyl fence. *Based on research conducted by Bufftech on costs in the marketplace IA Quality Brand of CertainTeed Corporation W ition, Bufftech performs lifetime of the original bborn stains, a product for specific care and <y-based paint needs it would have to be e ends. The cost wood or metal fence is id money with a fence Cost is expressed ',UFFTECH IETALJWOOD FENCES ~lly no maintenance and ~nd become more costly © 1998 CertainTeed Corporation 9802 DURAFENCEDESIGNS August 20, 2001 Dear Coppell City Council Members, Subject: Request to Update the City of Coppell's Fence Regulation Most cities Jn the Metroplex do not specify an exhaustive list of 'permitte J fence materials' in their fence codes. They primarily identify prohibited items which are typically safety hazards or reduce property values, such as barbed wire,o_r corrugated fiberglass or metal s~heets. Some newer city codes define an acceptable fence as any material specifically manufactL~red and sold for fence installation.' With the increasing addition of new fence products, it is dJ~cult 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 Jn your fer~ce regulation; however, your current regulation does not even list wrought iron as a permitted m~terial. As I have seen th s type of fence around Coppell Jt might be worthwhile to consider a ~ore broad update to your regulation. Maintenance-free equivalents also exist for wrought iron any information on these is also included. / Vood shingles are now As with all building materials, product improvements evolve over time. ~ replaced by composites, aluminum or other manmade materials. Wood replaced by metal ones. Aluminum screen doors are replaced by glass homes is often replaced with brick, vinyl and/or newer concrete material landscape timber retaining walls are now replaced by Pavestone or simi industry is now introducing numerous and better alternatives to tradition such, I believe this is the most exciting time in history to be a part of the For decades, new developments in fence products were simply charact, untreated wood or different sealants or stains. Apparently, many consu limited life and diminishing value of existing products which has promptE offered by the industry. This is exemplified by the number of new comp convention each year displaying their new additions to the attractive, du The increased usage of the Internet for information has enabled homeo' products available to them which can improve their lifestyle thus, contrit inquiries for vinyl and other newer types of fence materials. These changes in the industry make it more critical for city's to review their codes to provide residents and business owners the right to choos their situation. Following is additional information on vinyl and ornamen Vinyl Fences: Vinyl fencing was introduced ~n the late 1970 s and popularity. There are five primary vinyl fence manufacturers leadin industry and numerous smaller companies are added to their ranks fence product continues to grow at a significant 15-20 percent per ~ manufacturers typically offer the purchaser a 20 year to lifetime wa~ defects including yellowing, cracking, etc. The vinyl material utilized in the vinyl fence is a hybrid polyvinylchlc to resist ultraviolet light and impacts. The benefits of vinyl fencing (see comparison sheets in presentation) and to some people is cor neighborhood perimeter fence than a brick wall. Vinyl fencing doe.~ termites or carpenter ants. It is classified as self-extinguishing and 15245 Addison Rood Addison, Texas 75001-4553 972.720.9977 800.933.3683 garage doors are ~nes. Wood siding on · Railroad tie and lar stone walls. The fence al fence materials. As fence industry. .~rized by treated or 'nets grew weary of the ~d a change in products anies at the fence table fence product lines. ~ners to learn more about ~uting to the growing ;rice materials and update the best fence option for tal aluminum fencing: ontinues to grow in ~1 this part of the fence each year as sales of this ear. The major 'ranty against material ride that has been treated ar exceed that of wood sidered a more favorable not rot or provide food for does not fuel fires. It does :ax 972.7209980 Coppell City Council Members not have splinters to cut children's hands and is more difficult for ther backyard! The interlocking design eliminates the need for nails or sc puncture hands. It also provides a lasting sturdy fence that holds up without losing strength over its installed life. Another benefit of vinyl fencing is that if a section must be replaced fl color will be almost identical. New wood never looks like aged wood lots rarely match. The ranch style rail fence was the first vinyl style to gain acceptance development perimeters for ranch-style acre tracts and is now often material for new homeowners in these developments, several of whi, Fort Worth. Alliance Airport started installing vinyl rail fence at its pe nine years ago. Each year they add hundreds of feet more to the pn Three years ago my company installed a vinyl screening fence arout development at Eagle Mountain Lake where the lot prices start at $7 favorable track record and appearance, the same developer contrac another vinyl screening fence for a second development in the same year we installed a vinyl screening fence around a new developmenl different developer. This year the City of Saginaw required TXU Pip instead of wood fence around one of their transfer centers and TXU standard. Vinyl perimeter fences have been installed around other r part of the country including, Houston, Texas and Edmond, Oklahot country, such as Utah and Kentucky have installed vinyl fencing mu, continually gaining popularity. in June of this year, Nell Sperry's Gardens Magazine published an ~ alternatives which featured vinyl fencing. Two years ago, Better Ho~ magazine included vinyl fencing in their recommended ideas for the the Dallas Morning News printed an article on the benefits of vinyl f~ Garden section of the paper. Home improvement television prograr produced Your New House, are increasingly highlighting vinyl fence alternative. August 20, 2001 ~ to climb to escape a 'ews which rust and well in windstorms )r some reason, the vinyl and bricks from different around new :he required fence ;h are located north of · imeter approximately ;~erty. an exclusive housing 5,000. Due to its Ied with us to install area last year. Also last in south Arlington for a ,=line to install a vinyl may make this a new ~ew developments in this ha. Other parts of the ;h longer. Vinyl fencing is ticle on newer fence les and Gardens ~ouse of the future, and ~cing in their House and ~s, including locally as a superior fence The vinyl fence industry continues to grow and evolve with the addilion of new styles and co ors but the product makeup has been consistent for several year~s now. There are many benefits to utilizing this material for fences as seen in the attached i~resentation slides. / · Ornamental Metal Fences: Wrought iron fences provide the appearance of elegance, strength and permanence. Most people do not realize that they arela maintenance headacho until they have one. As a screening fence around a ne~v 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 pai~ting and maintenance, i.e. non-welded, permacoat® steel or aluminum products. These produ ;ts 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 r~ore generic ornamental metal fence designation which provides for installation of newer, Ior~ger lasting products. As stated previously other new products are continuously being introdqced 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 of time, they look promising. Therefore, I recommend that any updates be flexible enough to add new products as they become available and While I do not believe everyone will want a vinyl fence, I do believe tha free to choose it as an option. All of the information included in these d~ growing acceptance and proven track record of vinyl fencing. I, therefo the list of permitted fence materials in the Coppell fence regulation, as Richardson (copy attached). In addition, if wrought iron is added to the regulation as well, I propose metal fencing' be used which allows developers to utilize maintenance-~ ornamental fencing as well as wrought iron. If you have any questions or would like further information, please call or 800-933-3683. President DuraFence Designs Attachments August20,2001 to your ~nce ordinance roven. those who do should be )cuments supports the · e, propose it be added to zas recently done by he reference 'ornamental ~ree steel and aluminum ~y office at 972-720-9977 ~ ~ ~ o © © (D © © 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 aO i..O co 0 ,r--. c,,~l cO ,~!- LO cO I~ oO 0 (D c~ 0 0 0 © ~ AN ORDINANCE OF THE ~RTICLE TV, CONSTRUCTION-~F FENCES, OF CHAPTER ~ICHARDSON BUILDING CODE OF THE CODE OF ORDINA~ G~ RICHARDSON, BY AMENDING ARTICLE IV RELATING O~FENCW-$; PROVIDING A SEVERABILITY CLAUSE; PRC PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLA FOR~CH OFFENSE; AND DECLARING AN .EMERGENCY. _ ~ IT ORDAINED BY THE CITY COUNCIL OF THE RICHA~N, TEXAS: SECT~N 1. That Chapter 5 of the Code of .the City_o~Richardson, Texas, be, and the same by amending~he Richardson Building Code by ame: Cons.tr_ucti..on ~ Fences, so that said Article IV provide aZ' io1~ "ARTICLB%..~!V - CONSTRUCTION OF FENCES lION 1. GENERALLY 'wag_, AMENDING 5, OF THE CES OF THE CITY TO CONSTRUCTION VIDING FOR A RS ($200.00) ~ITY OF Drdinances of is hereby amended ~ding ArtiGle IV, shall hereafter Sec. 5-49. Permit 'uired. It shall be unla% .1 for any person fence over two and one- if (2%) feet. in lot without having first brained a fence from the Building Ins n Department. and specifications, as del by the cia.l, must accompany each a )lication for Sec. 5250. Materia~s~ Materials permitted shall chain link~ truct a 'hr on any ,ermit therefor plans ilding offi- permit. of wood, y or Materials prohibited are b~ sheet metal, plastics, or any otf Sec. 5-51. Not permitted on publi, No fence or any part of such fei structed upon or caused to protrude All fences must be maintained in a overhang public property. Qire, ribbon, r similar material. be con- )lic property. as not to § 6-177 R~CHARDSON 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 property: (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 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, Yernon's'Ann. Civ..qt. art. 1446c, § 35(c). Sees. 6-178~6-200. Reserved. ARTICLE IV. FENCES Sec. 6-201. Permit required; It shall be unl~awful for any person to construct a fence over 2V2 feet in height on any lot without having first obtained a fence permit therefor from the building inspection department. 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 inspection department shall be notified upon completion of the fence. The chief building official will issue a card of acceptence 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 ..... .._,_:~ .... ~ co_mply with the require- merits of this article at all times, t maintained by the owner or pers~ the property in as near as possible~ such fence when installed and al vialed herein, and shall be mainta (1) Such fence shall not be alignment more than 20 (2) All damaged, removed or of such fence shall be repl with comparable materia ble color to the remainin~ fence. (Code 1966, § 5-58; Ord. No. 328 Sec. 6-203. Appeals. (a) An appeal from a decis building official under the ter~ shall be made to the zoning bo~ 'ences shall be ,n in charge of xe condition of epted as pro- .ed as follows: out of vertical ercent. issing portions ced or repaired of a compara- portion of such ~-A, § 1, 5-8-00) .on of the chief ~s of this arti~.le :d of adjustment. he public conve. (b) When in its judgment t nience and welfare will be su~ stantiallY served and the appropriate use of the ~eighho_ring pr.op- erty will not be substantially i~jured, the zoning board of adjustment may autho~-ize special excep- ti .. ~-~- d~elopment aha order to pernnt reasonam~ ~.F". ..... ~ ~nforce. rovement of property where t~e P ....... would ~esuU~ m au u,~ - ment of the regtnauon~ essary hardship. | (Code 1966, § 5-59) Sec. 6-204. Zoning ordinance controls arti- cle. to amend, alter, change or rel~-a~ ' or ante [appe~u~ e cpm rehenstve zoning ,rd~f th P - ~ ~ ...... ovision of this to this Code] and in the even~ i mY ~' article conflicts with the cot xprenenstve ordinance, the provisions of the comprehenstve zoning ordinance shall contr¢ (Code 1966, § 5-60) S~ec. 6-205. Materials. (a) Permitted materials. are wood, concrete, masonr-$ iron, metal tubing, vinyl, fib other materials approved b~ for exterior exposure as fenc ~Iaterials permitted chain link, wrought ~rglass composite or the building official e material. BUILD~GS AND B~IlXlG REGD .q.~TIONS (b) 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) E~ception. 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 six 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. Ail 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) Within easements. No fence shall be located wi~.hin any easement except by prior w~itten 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. Height and construction reqmre- merits. 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 alley and street intersect, a clear area formed by a five-foot by 20-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 ar~ea ten-foot by ten-foot may maintain the ten-foot by ten-foot clear area. Topography preventing a clear view shall be removed. (Code 1966, § Sec. 6.209. Single- ment z For sfngle-family, the following regula (1) Rear yard. at a height rear proper~ (2) Side yard. ] at a height side proper line up to: wall of the line, which · from the fr (3) Front yard between t! front wall~ the landsc The fence height an{ ard. Such approval (4) § 6-209 family, duplex and' apart- oned fence regulatio .ns. iuplex and apartment zones, ions shall apply: Io fence shall be constructed ~xceeding eight feet along the y line. qo fence shall be conmtructed exceeding eight feet on any ,y line from the rear property L point in line with the front building or up to the building ever is the greatest distance mt property line. . No fence shall be permitted .e front property line and the ~f the building unless a part of aping or a decorative screen. ~hall not exceed three feet in shall not create a traffic haz- [encing shall be subject to the 'the chief building official. Corner lo xceptions. On corner lots where ~t line is adjacent to a side lot the rear ~ adjoining lot, fences may be line of ~ ~d at a height not exceeding eight construc~ feet alon~ the side property and rear, roperty ~nes except that no fence exceea- P ~. - ~--'~~+ with 50 percent in four il:eeC 113. ne~,,,,, _,__.~ ...~.~,~. .~g~..-~, ~ o~ on shall be constrnc~u ~'"~" ~'~' _-~ ~ ~.~ alon the rem an area xtneasOx~u ~ feet g the bull made a in full h Exceptia in widt' descril~ feet or g are pro] easeme on the cared O: ting inspection department an, ~art hereof the same as if copie ,rein. ~. Where an alley 15 feet or greet~ ~ intervenes between the abo~ d lots, or a natural barrier of reater in width exists whe.,re dbited such as creer, s, rauroau~ uts, then a fence may be erect~ ,treet side property line as in[ the drawing in Appendix B to t] ¥OT~L P. ~2 Aug, ust I Cogpell P.O.; BOX Co~pell:,7 Dear Cot I amiwriti'~ L2001 ,ity Coun,;il 9478 exas 751:19 ncil Merr Ig this le~ up 't a,ow v mel~ople~ area wh Vinyl renc Fro~ an From a c money 'i~n; have mac avemge c I str°ngly code t° ~ ma~dals~ reseurce~ ing can !: ~esthefic ,nsumerfi naintain the coc ,n the mt e their w onsume! Jrge thal tlow con., [or their -- time a ; [er to request that Article 9-2-7 of the Coppe~!l (Fity Code be nyl fencing in the city. Coppell is only one ot[ t~O ~ in the 3se code does not permit this newer fencinI ol~tion.: )oint of view, these fences do not rot, deteri point of view, vinyl fencing yields a saving.' lg .one's property. ,rovide several benefits to the city as well as its citize, ns. 31~ ol timeand re; o~ discolor. e was written, materials such as vinyl were,o~ ~e~ ,. rket as a fencing option. Over time, new alternbtive materials ay into the marketplace and are more acce., sil~le to lhe due consideration be given to changing the .umers the benefit of having more options :nces and the dght of allocating some of th d money in a manner they see fit. ,SincerelyJ ~ , Ka~,n aa~! I~icl~el Vasquez Dr. ;×as 75t ~19 8011Cran4 co~pell, '1 ,ir~it~nportant 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 'permitt~,d fence materials' in their fence codes. They primarily identify prohibited items which are typicall) safety hazards or reduce property values, such as barbed wire or corrugated fiberglass or metal ~heets. Some newer city codes define an acceptable fence as 'any material specifically manufactured and sold for fence insta ation.' With the increasing addition of new fence products, it is di~cult for cities with limited resources to monitor all of those available. This presentation is specific[ally 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 ~aterial. As I have seen this type of fence around Coppell, it might be worthwhile to consider a r~,o. re broad update to your regulation. Maintenance-free equivalents also exist for wrought iron an~] information on these is also included. [.. As with all building materials, product improvements evolve over time. mood shingles are now replaced by composites, aluminum or other manmade materials. Woo( garage doors are replaced by metal ones. Aluminum screen doors are replaced by glas., homes is often replaced with brick, vinyl and/or newer concrete materi~ landscape timber retaining walls are now replaced by Pavestone or sin industry is now introducing numerous and better alternatives to traditio~ such, I believe this is the most exciting time in history to be a part of th( For decades, new developments in fence products were simply charac untreated wood or different sealants or stains. Apparently, many cons~ limited life and diminishing value of existing products which has prompl offered by the industry. This is exemplified by the number of new coml convention each year displaying their new additions to the attractive, d~ The increased usage of the Internet for information has enabled home( products available to them which can improve their lifestyle thus, contri inquiries for vinyl and other newer types of fence materials. These changes in the industry make it more critical for city's to review their codes to provide residents and business owners the right to choo their situation. Following is additional information on vinyl and orname Vinyl Fences: Vinyl fencing was introduced in the late 1970's and popularity. There are five primary vinyl fence manufacturers leadi~ industry and numerous smaller companies are added to their rank fence product continues to grow at a significant 15-20 percent per manufacturers typically offer the purchaser a 20 year to lifetime w~ defects including yellowing, cracking, etc. The vinyl material utilized in the vinyl fence is a hybrid polyvinylchl to resist ultraviolet light and impacts. The benefits of vinyl fencing (see comparison sheets in presentation) and to some people is cc neighborhood perimeter fence than a brick wall. Vinyl fencing doe termites or carpenter ants. It is classified as self-extinguishing an, 15245 Addison Road Addison, Texas 75001-4553 972.720.9977 800.9333683 ones. Wood siding on Is. Railroad tie and ~ilar stone walls. The fence ~al fence materials. As fence industry. erized by treated or ~mers grew weary of the ed a change in products )anies at the fence ~rable fence product lines. ~wners to learn more about buting to the growing :ence materials and update se the best fence option for ~tal aluminum fencing: continues to grow in )g this part of the fence each year as sales of this ,ear. The major ·ranty against material oride that has been treated far exceed that of wood nsidered a more favorable s not rot or provide food for does not fuel fires. It does Fax 972720.9980 Coppell City Council Members not have splinters to cut children's hands and is more difficult for th{ backyard! The interlocking design eliminates the need for nails or puncture hands. It also provides a lasting sturdy fence that holds without losing strength over its installed life. Another benefit of vinyl fencing is that if a section must be replaced color will be almost identical. New wood never looks like aged woo lots rarely match. The ranch style rail fence was the first vinyl style to gain acceptanc development perimeters for ranch-style acre tracts and is now oftet material for new homeowners in these developments, several of wi Fort Worth. Alliance Airport started installing vinyl rail fence at its nine years ago. Each year they add hundreds of feet more to the Three years ago my company installed a vinyl screening fence ar( development at Eagle Mountain Lake where the lot prices start at favorable track record and appearance, the same developer contr; another vinyl screening fence for a second development in the san year we installed a vinyl screening fence around a new developme different developer. This year the City of Saginaw required TXU Pi instead of wood fence around one of their transfer centers and TXI standard. Vinyl perimeter fences have been installed around other part of the country including, Houston, Texas and Edmond, Oklah, country, such as Utah and Kentucky have installed vinyl fencing m continually gaining popularity. In June of this year, Neil Sperry's Gardens Magazine published an alternatives which featured vinyl fencing. Two years ago, Better H magazine included vinyl fencing in their recommended ideas for th the Dallas Morning News printed an article on the benefits of vinyl Garden section of the paper. Home improvement television progr~ produced Your New House, are increasingly highlighting vinyl fenc alternative. The vinyl fence industry continues to grow and evolve with the ad( colors but the product makeup has been consistent for several ye; benefits to utilizing this material for fences as seen in the attached Ornamental Metal Fences: Wrought iron fences provide the appe; strength and permanence. Most people do not realize that they af headacho until they have one. As a screening fence around an, members of the community are responsible to secure the financial responsibility to maintain the fence. Many people are unaware the fence products are available which do not require this continual p~ non-welded, permacoat® steel or aluminum products. These prod appearance and stability desired from ornamental metal fencing--~ That is why many commercial sites including DFW Airport, Home Disneyland, etc. now install these products instead of wrought iror wrought iron as a perimeter fence option, I suggest you utilize the metal fence designation which provides for installation of newer, As stated previously, other new products are continuously being intr¢ long lasting fences. A few of the newcomers are: Polyclad metal priv~ fencing, polypropylene fencing, etc. Although these products have nc August 20, 2001 :m to climb to escape a ;rews which rust and well in windstorms or some reason, the vinyl and bricks from different around new the required fence ~ich are located north of erimeter approximately roperty. Jnd an exclusive housing ~75,000. Due to its cted with us to install ~e area last year. Also last 3t in south Arlington for a ~eline to install a vinyl may make this a new 3ew developments in this )ma. Other parts of the ach longer. Vinyl fencing is article on newer fence ~mes and Gardens } house of the future, and "encing in their House and ims, including locally e as a superior fence ition of new styles and ~rs now. There are many )resentation slides. rance of elegance, e a maintenance .~w development, the resources and take ~t new ornamental metal inting and maintenance, i.e. ucts provide the long lasting ~ithout the maintenance. :)epot, Wal-Mart, ,. Instead of specifying more generic ornamental ~nger lasting products. luced as viable options for cy fencing, fiberglass been subjected to the test Coppell City Council Members 3 of time, they look promising. Therefore, I recommend that any updates be flexible enough to add new products as they become available and While I do not believe everyone will want a vinyl fence, I do believe tha free to choose it as an option. All of the information included in these d~ growing acceptance and proven track record of vinyl fencing. I, therefo~ the list of permitted fence materials in the Coppell fence regulation, as Richardson (copy attached). In addition, if wrought iron is added to the regulation as well, I propose metal fencing' be used which allows developers to utilize maintenance-I ornamental fencing as well as wrought iron. If you have any questions or would like further information, please call or 800-933-3683. President DuraFence Designs Attachments August20,2001 [o your fence ordinance roven. those who do should be ~cuments supports the 'e, propose it be added to ~as recently done by he reference 'ornamental ree steel and aluminum ~y office at 972-720-9977 0 © (D © 0 0 0 0 0 0 0 0 0 0 C'~ ,- ,-- m ~ r,.- ° ~ ° ~ © © o~ NO. AN ORDINANCE OF THE AMENDING ~RTICLE TV, CONSTRUCTION OF FENCES, OF CHAPTER 5, OF THE BUILDING CODE OF THE CODE OF ORDINAN OF THE CITY RICHARDSON, BY AMENDING ARTICLE IV RELATING CONSTRUCTION FENCES; PROVIDING A SEVERABILITY CLAUSE; PRO DING FOR A OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) OFFENSE; AND DECLARING AN EMERGENCY. RICH; IT ORDAINED BY THE CITY COUNCIL OF THE ITY OF · TEXAS: 1. That Chapter 5 of the Code of rdinances of the City Richardson, Texas, be, and the same is hereby amended by amending he Richardson Building Code.by ame]~ding Article IV, ConstructiOn Fences, so that said Article IV shall hereafter provide as , to-~i~r.- "ART] IV - CONSTRUCTION OF FENCES lION 1. GENERALLY Sec. 5-49. Permit Iuired. It shall be unla~ .1 for any person construct a fence over two and one- if (2%) feet. in ight on any lot without having first brained a fence therefor from the Building Ins! n Department. plans and specifications, as del by the bu ~ offi- cia.l, must accompany each a )lication for a permit. Sec. 5250. Materials. Materials permitted sha chain link. of wood, y or Materials prohibited are bl sheet metal, plastics, or any otk Sec. 5-51. Not permitted on Qire, :azor ribbon, r similar material. ~roDert' No fence or any part of such structed upon or caused to protrude All fences must be maintained in a overhang public property. .1 be con- ~lic property. as not to RICHARDSON CODE § 6-177 __ ~ec. 6-177. Standards for electrical installa- tions. Conformity of electrical installations with the bllowing standards shall be prima facie evidence that such installations are reasonably safe to persons and property. (1) The National Electrical Code, 1999 edi- tion, NYPA 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 Nat~o~l Electrical Safety Code, Vemon's'Ann. Civ. St. art. 1446c, § 35(c). Secs, 6-178-6-200. Reserved. ARTICLE IV. FENCES Sec. 6-201. Permit required. It shall be unlawful for .andy. per a fence over 2¥2 feet in neig~ on a~ ~ having first obtained a fence permit therefor from the bui~g ~°n departmen~-~u~ ~ and specifications, as determined by the Chief building official, must accompany each applica- ti0n 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 departxnent shall be notified upon completion of the fence. The chief building official will issue a card of acceptance 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 ..... .._,~:~ .... ~n comolv with the require- m meats of this article at all times. ~ maintained by the owner or persc the property in as near as possible t such fence when installed and ac vided herein, and shall be mainte~ (1) Such fence shall not be alignment more than 20 l~ (2) All damaged, removed or~ of such fence shall be rep~: with comparable materi~ ble color to the remainin~ fence. (Code 1966, § 5-58; Ord. No. 328 Sec. 6-203. Appeals. (a) An appeal from a decisi building official under the tern shall be made to the zoning be~ (b) When in its judgment t nience'and welfare will be sub and the appropriate use of the ~ erty will not be substantially i~ board of adjustment may autho~ tions to the regulations provide order to permit reasonable der provement of property where ment of the regulations would essary hardship. (Code 1966, § 5-59) Sec. 6-204. Zoning ordlnan cle. Nothing in this article shall to amend, alter, change or rep the comprehensive zoning ord to this Code] and in the _event ~ article co_nflicts with the co~ ordinance, the provisions of zoning ordinance shall contr¢ (Code 1966, § 5-60) S~ec. 6-205. Materials. (a) Permitted materials. are wood, concrete, masonr~ iron, metal tubing, vinyl, fib o~her materials approved b~ for exterior exposure as fen~ ences shall be a in charge of ae condition of :epted as pro- ~ed as follows: ut of vertical ,rcent. lssing portions :ed or repaired s of a compara- portion of such ~-A, § 1, 5-8-00) on of the chief ~s of this artiqle 'd of adjustment. ae public conve- stantiallY served teighboring prop- jured, the zoning ~ze special excep- ~lopment an~ ~n- ~e literal enforce- ~sult in an uanec- ~e controls artl- be construed so as ~ any provision of [nance [appendix A my Provision of this ~prehensive zoning the comprehensive 1. ~aterials permitted chain link, wrought erglass composite or the building official e material. BUILDLNGS AND BUIldING REGU~TIONS prohibited (b) Prohibited materials. Materials are barbed wire, razor ribbon, sheet metal, corfu- gated steel and fiberglass panel, plywood or any other similar material manufactured for other ~'"~(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 six feet above ground lavel. (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 properW. (Code 1966, § 5-51) Sec. 6-207. Certain locations, construction prohibited. (a) Within easements. No fence shall be located wi~.hin any easement except by prior written 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. Height and construction require- ments. All fence heights sh-ll be measured vertically from the inside natural or mean grade elevation of the yard. To obtain proper sight distance where an alley and street intersect, a clear area formed by a five-foot by 20-foot triangle shall be main- tained 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 m~ntain the ten-foot by ten-foot clear area. Topography preventing a clear view shall be removed. (Code 1966, § ~-b4; ufa. ~o. o~vo-,,, ~ -, ~ .... Sec. 6-209. Single- merit z For single-family, the following regula (1) Rear yard. at a height rear propert (2) Side yard. ] at a height side proper line up to: wall of the line, which .from the fr (3) Front yard between ti front wall ~ the landsc The fence height an~ ard. Such approval (4) Corner lol the rear line of a construct~ feet alon~ property 1 lng four: through · ~ area i property the side street a~ Appendi~ this se~d the buih made a { in full h, Exceptio~ in widtl descrfoe feet or g are pro1 esseme] on the cated o~ § 6-209 family, duplex and'apart- oned fence regulatio .ns. duplex and apartment zones, ions shall apply: o fence shall be constructed ~xceeding eight feet along the y line. ~o fence shall be constructed exceeding eight feet on any ~uilding or up to the building ~.ver is the greatest distance mt property line. ~ No fence shall be permitted .e front property line and the ,f the building unless a part of aping or a decorative screen. shall not exceed three feet in . shall not create a traffic haz- encing shall be subject to the the chief building official. rception~ On corner lots where )t line is adjacent to a side lot . adjoining lot, fences may be d at a height not exceeding eight ; the side property and rear [nes except that no fence exceed- !eet in height, with 50 percent ision shall he constructed within ~easurad 15 feet along the rem ine and 25 feet measured alon{ property line adjacent to' indicated on the drawing A to the ordinance from whicl ~ derives, 'and which is on ~e ling inspection department an, .ar~ hereof the same as if cepie rein. Where an alley ~5 feet or great~ ~ intervenes between the aborn d lots, or a rmtural barrier of :eater in width exists where fenc, ibited such as creeks, railroads ~ts, then a fence may be erect~ .treet side property line as ini the drawing in Appendix B to ti Bufftech is recognized throughout the world as the leading brand of vinyl fence, deck and railings. Utilizing state-of-the-art co-extrusion technology, Bufftech produces premium rinyl fence and railing systems. This allows a higher concentration of UV ptvtection in the outer cap, while p~vviding 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 Jknce ptvducts. Vinyl offers durability, IongeviLv and beauo, that will outlast and outperform most other o,pes offence, deck and railing materials. Envi~vnmentally safe, recyclable and non- wxic, Bufftech's virtually maintenance-free vinyl p~vducts have excellent weathering properties. Bufftech offers a wide selection of quality vinyl ptvducts W meet your design and construction requirements. Our Lifetime non-ptvrated limited Warranty is ~o~r ~ssU;~nce of qualio'. Traditional Bufftech's Traditional style fence is du ambience of nostalgic style, combined craftsmanship. This virtually maintena weather and it will not chip, fade, crac allowing you to enjoy its classical app, wide selection allows you to choose a chart below to select the picket width, addition to straight or concave. able yet elegant. It creates an with good old-fashioned American ice-free vinyl is impervious to c or rot. It does not need painting, :arance year after year. Bufftech's 7ence to meet your needs. See the cap and spacing you prefer, in Yorkshire Heights: 3' & 4', straight and concave 5' concave Color: white only 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 cl ]o 3" Plymouth Nantucket Chesapeake *Meets BOCA Pool Codes 14 19 y y 1-1/2" :olonial N/A Hudson ape Cod Providence* Charleston Picket Styles Available: ~ "Pinched" PiCket Yorkshire N/A N/A d N/A N/A N/A "Pointed" Cap "Dog Ear" Cap Bufftech's Contemporary fence designs 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: Y&4'. Colors: white, tan or grey. Heights: Y, 3-1/2', 4', 5' & 6'. 5' & 6' heights include mid-rail (see inset). Colors: white, tan or grey. Heights: Y, 4', 5' & 6'. 5' & 6' heights include mid-rail (see inset). Colors: white, tan or grey. Semi-private fences frgm Bufftec~ meet most local pool codes. These unique designs provide a visual sclreen while permitting air flow. The fences combine an attractive appe~trance with the functional safety benefit of no splinters, nails or sharp edgls. 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. Heights: 3' &4'. Colors: white, tan or ~ey. Popular style fencing with a twist - Add extended pickets to our fencing to create a visually striking scalloped effect (see inset). Height: 3' & 4' (straight & scalloped) 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. Norfolk ~ Heights: 4', 5' & 6'. 5' & 6' heights include mid-rail (see inset). Colors: white or tan. Also available with Lattice Accent (white only) or Victorian Accent Height: 6' (5 + 1). Sturdy construction, long-lasting qualil hallmarks of Bufftech Post & Rail fenc property and livestock with fencing th~ and virtually maintenance-free. and classic style are the ng. Surround your valuable is economical, durable, safe Styles: 2, 3 or 4 Rail and Crossbuck. Colors: white, tan or grey. Diamond Rail (line art below) available in 2 or 3 Rail (white only.) 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. Styles: 2,3 &4Rail Color: woodgrain only Chesterfield Tongue & Groove Pickets, allows for racking up to 5°. Heights: 5'&6'. Colors: white, tan or grey. Lattice Accent (white only) Victorian Accent (white, tan or grey). Norfolk with P~ccent Height: 6'(5+ 1). Colors: Lattice Accent (white only) Victorian Accent, 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 in[orrnation nn vinyl railing and deck. ret}r tn Bufflech's individual railing anti deck brochures. Heights: 3'& 3-l/2'. Essex & Century styles available with 2 x 4 top rail. Colors: white, tan or grey Fairmont & Olympia st3 les available with "T' top handrail. Essex 8,: Fairmont use 7/8 x 1-1/2 pickets. Century & Olympia allow you a choice of I-1/4' pickets. spindles or balusters. 1-1/4 7/8" x 1-1/2 I Picket Deck Bufftech's new contemporary decl wood deck. The innovative slip re providing the safety benefits of nc Colors: white, tan or grey its as Easy as / One...Two...Thlee! Deck Components:  ~eck Fill Pieces · i Deck End Covers Quick Drive®is a registered trademark more information by Phone, Fa ne:800-333-0569 ~-685-1172 www.cedain is a smart alternative to the traditional ;istant surface is non-splintering while nails or sharp edges. Bufftech decks offer durability, longevity and beaut3, 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 ends. End Covers provide a smooth, finished edge. For an additional finishing touch, fascia boards are available. Quick Drive U.S.A. Inc. A~e can be or Website eed.com/fencing/bufftech Bufftech Fence Systems Data Style Picket Size Traditional Series (10 Picket) Chesapeake (Dog Ear Cap) ?/8" x 3" Nantucket (Pointed Cap) 7/8" x Y Plymouth (Pinched Top) 7/8" x 3" {12 Picket) Cape Cod (Pointed Cap) 7/8" x 3" Colonial (Pinched Top) 7/8" x 3" Providence (Pointed Top) 7/8" x Y Yorkshire (Dog Ear Cap) ?/8" x 3" (14 Picket) Providence (Pointed Top) ?/8" x 3" (19 Picket) Charleston (Pointed Cap) ?/~" × 14/2" Hudson (Pinched Top) ?/8' × l-1/2" Baron 7/8" x 3" Manchester I-1/2" x 1-l/2" Monarch Princeton Victorian Semi-private Series Columbia Countess Imperial Privacy Series Norfolk* Norfolk I* Chesterfield*/Winchester Galveston* Style Post & Rail Picket Section Width Spacing (Nominal) 3-7/16" 72" 3-7/16" 72" 3-7/16' 72" 2-7/16" 72" 2-7/16" 72" 1-3/4" 72" 2-7/16" 72" 1-3/4" 72" 2" 72" 2" 72" 3-7/8" 90" 1-11/16" 90" 7/8"x l-l/T, 7/8"x 3" 3-5/16" 90" 7/8"x 1-I/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 l-1/2", 7/8"x Y' 2" 90" 7/8"x 3" 9/16" 90" Crossbuck Diamond Rail 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" Railing Century Posts Rails 5 x 5 square 1-1/2" 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/T', 2" x 6" Ribbed Essex Fairmont Olympia Rails 1-3/4" x 3-1/2' 1-3/4" x 3-1/2" 1-3/4" x 3-1/2' 1-3/4" x 3-1/2" 1-3/4" x 3-1/2" > 1-3/4" x 3-1/2"> 1-3/4" x 3-1/2": 1-3/4" x 3-l/2": 1-3/4" x 3-1/2" 1-3/4" x 3-1/2" 1-3/4" x 3-1/2" 2" x6" x 90" B 3" x 3" x90" 1-3/4" x 3~1/2" 1-3/4" x 3-1/2" 1-3/4" x 3-1/2" 3-1/2" x 3-1/2" 1-3/4" x 3-1/2" 1-3/4" x 3-1/2' 1-1/2" x 5-1/2" x 81 l-l/T' x 5-1/2" x 81 1-1/2" x 5-1/2" x 81 2" x 6" x 88" (I Maxir Maxi~ 5 x 5 square 3" x 3", 12' lengths (6' on center) Maxi] Picket Section Width Picket Size Spacing (Nominal) Rails l-1/4' x 1-1/4" 3-3/8" 72" & 96" 1-3/4" x 3-1/2" x' Top & Bott 7/8" x 1-1/2", 3-7/16" 72" & 96" 1-3/4" x 3-1/2" x' Heavy Wall Top & Bot~ 7/8" x 1-1/2", 3-7/16" 72" & 96" 3" x 3-l/2" x 7~ Heavy Wall "T" Shaped T, l-1/4" x 1-1/4" 3-3/8" 72" & 96" 3" x 3-1/2" x 7; "T" Shaped T Intermediate rails: All 5' & 6' heights have an additional mid-rail with same dimensions as top/bottom rails (except "Chesterfield/Winchester" & "Traditi~ "Norfolk". "Norfolk 1" which have 7/8" x 3" braces). Posts: All 3' & 4' high fences available with true 4 x 4 posts except Manchester (5 x 5 posts). All 5', 6', 7' & 8' high fences available with 5 x 5 pos * Lattice & Victorian Accents available. ** Standard for bottom rails x,,here noted. Optional for top rails. ,Aluminum channel available and recomn Steel Reinforcement (Rail)** 72" None 72" None 72" None 72" None 72" None 72" None 72" None :72" None 72" None 72" No~e .90" Bottom ttom Bottom 'op None 90" Bottom 90" Bottom 90" Bottom :88" Bottom (Aluminum) x 90" Bottom x 90" Bottom (Ribbed) Bottom (Ribbed) Bottom (Ribbed) Bottom bbed) Top, Mid, Bottom Gates ,vailable in widths up to 8' lure double drive gate width 16' Available in 8' width mm double drive gate width 16' /ailable in widths up to 8' am double drive gate width 16' Aluminum Reinforcement or 96" Top & Bouom ~m ~2" or 96" Top & Bottom vm "or 96" Top & Bottom ,p Rail "or 96" Top & Bottom ~p Rail ~al" - no brace, · Caps: Choice of Flat, Gothic, New England or Ball. :nded for high con'osion areas· Part I · General 1 .Ol Work Included A. Fence sections including pickets. rails, posts, and caps B. Gates and related hardware C. Excavalion and anchorage for posts 1.02 Related Sections A. Section 02200- Earthwork B. Section 03300 - Cast-la-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 - 5.00°C- 2.0 - ASTM D256 D. Tensile Modulus 425,000 PS1 - 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 Section Wall Thickness Corner Radius 4" x 4" 0.140" 11/32" 5" x 5" 0.135" Standard Wall 318" 5" x 5" 0.170" Heavy Wall 3/8" Rails 1 1/2" x I 1/2" 0.120" 7132" 1 3/4" x 3 lIT' 0.100" 13/32" 3" x 3-1/2" "T" Rail 0.095" 13/32" 2"x 6" Hollow 0.125" 5/16" I 1/2" x 5 1~" Ribbed 0.090" 11/32" 2" x 6" Ribbed 0.090" 5/16" 3" x 3" 0.110" 5/I6" 3-1/? x 3-1/2" 0.115 3/8" Pickets 7/8" x I 1/2" 0.060" 3/16" 7/8" x 1-1~" 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" I-I/2" x I-1/2" 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. Bufftech 2525 Walden Avenue, Buffalo, New York 14225 2.03 Components A. Rails, Pickets, Posts l. Are cut to specific lengths as required for style specified 2. Rails are routed to receive pickets 3. Posts are routed to receive rails at correct heights B. Stiffener Channel I. Bottom rails for residential and commercial applications contain steel reinforcing for additional strength. Refer to style chart. Aluminum channel available upon request C. Post Caps I. Caps are PVC molded 2. External fit flat, gothic & ball styles for true 4" x 4" and 5" x 5" posts 3. lntemal flat cap available for standard wall 5" x 5" posts and 4" x 4" posts D. Gates 1. Constructed from rigid PVC with reinforcement 2. Gates am designed to match fence section. AIl 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 misalignment problems d. Mounts on two sides of post for strength 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 UV stabilized, molded two part snap cap system e. Contact manufacturer for Post & Rail hardware 2.04 Warranty Manufacturer's Warranty: Lifetime non-prorated limited warranty applies to original homeowner/consumer, or 30 year non-prorated limited warranty applies to commercial applications. 3.01 Installation A. Bufftech fence installations feature line posts set in concrete. End and gate posts reinforced with 2 - ~ reinforced rebar and cement mix B. Ahemate post mounting methods are available. Mounting brackets are _,L ~%' 13132' R provided for special conditions "T" RAIL * Inquire about Bufftech's "El Spec" Syste i , 3 if2" 3 1~" x3 I~" RAIL 2"x 6" RAIL r ickness wall 2"x 6" RAIL(RIBBED) 3"x3" RAIL ,, I I/2-" I [ ~1 ['~ 0.060" picket 0.09{ wall thickness wall -- thick I l/2" x I I/2" RAIL I/?x 5 1/2" RAIL(RIBBED) ~ t/4" I I ~1 ~ 0.105" wall 7/8" x T' TONGUE & GROOVE } ] 6" ~1 3/16" R 718" x I 1/2" PICKET Ihickness 7/8" x 6" PICKEI(RIBBEDi thick~s~ x 3" PICKET I 3/4" x 5 I/2" ( NOM 2 x 4 ) RAIL 4" x 4" ~ST 11/32" R 5" x 5" POST 3/8" R Bufftech, established in I979 i, B,ffalo, Ne,, bt'k, was one of the earliest pioneers of the vinyl fencing business. In 1996, Bufftech was acquired by CertainTeed Corporation. headquartered in Valley, Forge, Pennsyh,ania. CertainTeed is a world leading manufacturer of building materials with a major commitment to vinyl products such as siding, windows, pipe and now 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 Certainreed 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 arrd 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. Designs ' Fences of Lasting Value" Dallas: 972.720.9977 N~n-Local: 1.800.933.3683 972.720.9980 Buffr h · 2525 Walden Ave. Buffalo, NY 14225 716-685-1600. 800-333-0569 Fax: 716-685-1172 http://www, certainteed.comlfencing/bufftech ~ · American Made in U.S.A © 1999 Certainteed Corporation 9903 TM RESIDENTIAL FENCING I4aisin~ Product ,d "CONSUMERS REVOLT" ~our Town, USA - Consumers, tiring of conventional fences such as chain turning in ever increasing numbers to ornamental fencing to realize a better and property. ~e light residential chain link fencing on the market today is considered rf solution. Most wood fences must be stained every two to three years or they gray and must be replaced in five to fifteen years. Poly-vinyl-chloride (P~ stalled in some markets are simply too light for normal residential use. ~ last, quality has been raised to exceed the consumer's expectations; to re the consumer desires, beyond the level he or she must normally settle manufacturing technology and vast improvements in protective coating appli~ maintenance-free ornamental fencing is available at truly affordable prices. ers today are making the wise choice: investment in an ornamental fence landscape it surrounds and increase the value of the property being enclos link and wood, are talue for their home ore of a "temporary" fade to an unsightly tC) fences being in- ach the quality level ~r. Because of new 'ation, high-strength, rhis is why consum- .~at will enhance the d. Page 2 CONSUMERS CHOOSE AMERISTAR ~6~ is not by accident that Ameristar has become the largest manufacturer o the world; it has happened by consumers choosing Ameristar ornamental fe tude of other alternatives. These informed consumers are asking the right qu~ 1. Is it steel? Only steel will provide the strength needed for today's r~ consumers expect the fence to protect the safety of children within and to provide s entry by the casual trespasser. Compare the strength (see Table 1 on Page 8). Amerista times stronger than the ultra-light aluminum fences being offered by every other ornan facturer. ornamental fencing in ~cing over the multi- ;stions: sidentiaI fences, where ecurity from unwanted r's AegisTM steel is three lental aluminum manu- 2. Is2I~ulEa~liz~? Strength must be coupled with necessary surface protecE on to be able to provide a maintenance-free finish. Welded ornamental steel fences are frequently fabricated from plain carbon steel. Rapidly rusting surfaces will require painting every two years (see Table 2 on Page 8)t / 3. Is it double-coated? Consumers are being bombarded with a multitudelof 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 ~ Ameristar s no-mar" polyester powder coat. THE DECIDING D] ~e "x-factor" that truly separates Ameristar f~om all the o iai proprietary "Forertmner" rail system with its internal retaining rod. 4 WALLS OF STEEL NO EXTERIOR FAS' ['ENERS Unparalleled panel atrenRt]~ Beauti[u[ "Oood-NeiRJa~ Jr" appearance ~all Ameristar's Customer Service at 1-888-333-3422 for further information or to inquire about distributors near you. Page 3 ~aditiOnal to form the' picket spear point. ~ear-pointed picket ex- .~ ForerunnerTM top rail Classic design. The formed with a 3/8" di- ~ rather than a sharp Page 4 AEGISTM e/{/othing matches the elegance of ornamental fenc t~othing matches the strength of steel ornamental fenc e/lfothing matches the finish of PermacoatTM double coat ~nly with AegisTM can you get all of these in one fe lng. lng. lng. rice. ~-~e el~ gant look of the Majestic lends to its appeal a wide variety of applicati ranging from nei residential to pool enclosures, to ,nt and condo- ' ' Check your pool code for com- pliance to ordering. Page 5 excellence in a r the ght$ de- '~1 fence designinto an tomize your fence tiffing, and eIegant Quad. F1are or T~ad Mo~ and cus- te¢orafive Scepter ' ForerunnerTM 0-Channel COMPARE THE STRENGTH (Steel) (~luminum) F--C~'WALL ~ I-- 1'--I ~ .~ ~ °~h L~__ '~'~ .... I~' We~..~ ~.S~ ~'~ / '= Fy = Yield Strength (PSI) 50,000 / 35,000 . PVd = Ve.ical Design Load (LBS) [55 ] 53 .v~ = .o.~on~a~ O~s~n ~oa~ ~SS~ ~0 ~ ~ Conclusion' Panel wiR withst~d center sp~ climbing loads of 465 Lbs. ~omp~ed ' to 159 Lbs. for ~u~um. . ............ ,~, ............................... SALT SPRAY TESTING ASTM B-117 ........ ~,500 Hrs. ~ --Paint over 200 Hrs. Primer & Paint 100 Hrs. welded steel welded steel Distributed by: DuraFence Designs "Specialty Fences of Lasting Value" Local Dallas: 972.720.9977 Non-Local: 1.800.933.3683 FAX: 972.720.9980 HALCO' Imperial Cohmial Alumi,mm" Imperial style is ao outstanding value because of quality constructiou, durability, numerous options and aflbrdable pricing. imperial style fences and gates provide an exceptional ornamental picket fence system. Imperial is an ideal choice f-or use where elegant simpbcity is desired. As with all Colonial Aluminum fences, the pickets are spaced less than 4" apart. Imperial - horizontal rails Estate Flat Top - ¢ horiznntal rails Jlllllliilii I IIIIIIIII1( Estate Pressed Point Top~ horizontal rails with I roxv uf rings with 2 rows ~f rings Imperial with I row of rings Estate Flat Top with 1 row of rings Estate Flat Top - 3 horiznntal rails with I row of rings Estate Flat Top - 4 horizontal rails with 2 rows of rings Estate Pressed Point 'ibp 3 horizontal rails with I row of rings Estate Pressed Point 'Ibp- -1 imrizrmta[ rails with 2 rows of rings Estate - With Flat Colonial Aluminum Estate st most contemporary look offer looking and long lasting, thi! will complement any archite( Every Colonial Aluminun requires low maintenance. Tt selects a Colonial Aluminum choice. The fence xvill look fa Estate - With Pressed t Colonial Aluminnm Estate st pickets is contemporary in & add security and have an attr of very early English and Em point tops are noted for their To avoid injury, this style tops of the pickets are less th Pickets gle with flat top pickets is the ed in the Estate series. Good fence ~vith the flat top pickets rural design. t fence is strong, secure and e discriminating buyer who fence will be proud of their r more expensive than it costs. )oi,t Top Pickets yle with pressed point top sign. The pressed point tops tctive look that is reminiscent >pean iron work, the pressed spear like appearance. is not recommended when the m 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 (bali, 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 - 3 horizontal rails 3 horizontal rails with 1 row of rings Estate Finial Top - 4 horizontal rails 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 (an can be rearranged to give 13. Imperial and Estate combin picket top) can be rearrange, C. A choice of these scrolls ma Aluminum fence to give thi Jlllllllllllll IIIIIIIIIIIII A. standard style picket top) is beautiful effect. ~tion (any standard Estate style to give this optional appearance. be added to any Colonial exciting appearance. 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 Imperial Style Gate nomml use. All pickets are welded firmly insid The result is the most attractive and dural gate available. Special hardware is availabl~ Colonial Aluminum gates self-closing and ~ the frame. ~le residential , which makes self-latching. Top COLONIAL ALUMINUM TM 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 (~dmfiul2~,hmtimm~3 Colonial Rail up to 70~ Stronger Standard Picket Colonial Picket up to 45(~: Stronger Standard Post Colonial Post up to 759; Stronger specilications subject ro change without notice Do You Need All Of This S Only if you want your fence to last for a long time. Every Colonial Alu: rial fence is manufactured from high aluminum alloy. Strong and durabl~ red rust and the coating is impervic in any climate. Choice Of Picket Tops Colonial Aluminum's finials are cas' durable, solid aluminum. Choice Of Post Tops Colonial Aluminum's heavier post t rails, combined with our full line o: aluminum circles, scrolls and finials. more substantial appearance than ar aluminum fence· Strong and secure, each solid alu held in place by a rivet and a dowel competitors have plastic finials and easily destroyed. Panel Attachment All Colonial Aluminum panels are post using a bolt-through bracket. TI are far superior to other methods ot eliminating the need for large rail weaken the post. Coating Colonial Aluminum fences are dec der coated with the highest quality meticulous procedure assures durak the best looking finish possible. Col polyester powder coating is warran lng and peeling.* It is the very bes manufacturer of ornamental alumit picket fencing. Our coating is mor, environmentally friendly than any coating. Available in black and wh *see warranty for details ;rength ? tnd look good ninum residen- tensile strength , it will never us to corrosion from strong, ,ickets and · die-cast results in a other tinum ring is · Many of our rings that are ~ttached to the ~ese post brackets attachment, roles, which can rostatically pow- polyester. This ility and creates ~nial Aluminum's :ed against crack- offered by any am residential durable and ,ainted enamel re. PICKET TOPS Imperial Style Flat Top Pressed Point o o 0 Spear Finial Ball Finial Fleur-de-lis POST TOPS Standard Ball Style F&t Style Corner Post HEAVY DUTY BO~.T TI~ROUGI4 BRACKETS ' Rings for tded strength Top V~ COLONIAL ALUMINUb, MASTER ' HALCOTM Maintenance-f ~ Local Dallas: Non-Local: 1 For more infbrmat[on, contact the corporate office: F)0(: 972-72C 1-888-MH-FENCE (toll-free) email: intbUmhfence.com · www. mhfence.com [ M-D1 i6094 I2/97. Copyright © 1997 Master-Haleru Inc All right~ reser~'t'd End Post is available from: -'SIGNS ree Fences & Decks ~72-720-9977 B00-933-3683 -9980 I T H E C: I T Y 0 COPPLLL AGENDA REQUI CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: PUBLIC HEARING: Consider approval of the designafi, pursuant to Section 312.201 of the Property Redevelopment and Tax Abatemet considered for Reinvestment Zone designation is that property owned by C described as Coppell Industrial Addition, Block A, Lot 1 (30.33 acres) and locate. Royal Lane and Bethel Road, Coppell, Texas. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COM1ViENTS :~x~ AMT. EST $ +h-BID DIR. INITIALS: ~,~5 Agenda Request Form - Revised 5/00 FIN. REVIEW.~ CITY MANAGER Document Name: SPHCF ,ST FORM ITEM #Jq >n of a reinvestment zone tt Act. The property to be ?-Coppell Industrial, Ltd., t at the northeast corner of $ REViEW:~~ Cop.doc NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Coun¢ of Coppell, Texas, in the Council Chambers, Tow Parkway Boulevard, Coppell, Texas on the llth day 2001, at 7:00 P.M., to consider designation of described as Block A, Lot 1, Coppell Industrial A acres), located at the northeast corner of Royal L Road, Coppell, Texas, CP - Coppell Industrial, Reinvestment Zone under Chapter 312 of the Texas Pro~ The Council will seek to determine whether the impr¢ to be made in the zone are feasible and practical benefit to the land included in the zone and to the expiration of a tax abatement agreement to be entere¢ to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled present evidence for or against the designation. Citizens Advocate August 31, 2001 il of the City Center, 255 of September, the property ddition (30.33 ~ne and Bethel Ltd., as a erty Tax Code. .vements sought and will be a City after the into pursuant to speak and 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. Surve City of Coppell, Dallas County, Texas and being a portion of that certain tr~ CP-Coppell Industrial, LTD. and TES-VIRGIL AVENUE, LTD. as evidem in Volume 2000093, Page 4346 and Volume 2000093, Page 4352, Dallas and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with LJA cap for the north Freeport North, an addition to the City of Coppell as recorded in Volume 9. Records Dallas County, Texas. THENCE South 00044'06" East, a distance of 733.79 feet to the POINT Ot THENCE North 89°18'47" East, a distance of 941.06 feet to a set 1/2 inch THENCE South 00°41'13" East, a distance of 1404.98 feet to a set 1/2 inc line of Bethel Road; THENCE South 89°18'44" West, a distance of 939.88 feet to a set 1/2 inch THENCE North 00°44'06" West, a distance of 1405.00 feet to the POINT CONTAINING 1,321,350 square feet, 30.33 acres of land, more or less. t, Abstract No. 1439, ct conveyed to .ed by deeds recorded ~'ounty Deed Records ast comer of Lot 3R, J245, Page 2050, Plat 'BEGINNING; mn rod; iron rod in the north ron rod; DF BEGINNING and T H £ C I T Y 0 F COPPELL AGENDA REQUE * ~'~ ~ ? -~ ~~~~CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider approval of an Ordinance designating the C Reinvestment Zone No. 34, and authorizing the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:O AMT. EST. $ +\-BIE DIR. INITIALS: ~~~ Agenda Request Form - Revised 5/00 FIN. REVIEWt~ CITY MANAGER Document Name: SCi>Co ST FORM ITEM # __~__ P-Coppell Industrial, Ltd. $ REVIEW: >pel.doc ORDINANCE NO. AN ORDINANCE OF ~ CITY OF COPPELL, TEXAS, DE REINVESTMENT ZONE NO. 34 (CP - COPPELL INDUSTI~ PROVIDING ELIGIBILITY OF ~ ZONE FOR COi~ INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS AREA QUALIFIES TO BE DESIGNATED AS A REINVESTI~ AND THE IMPROVEMENTS SOUGHT ARE FEAS] PRACTICABLE AND OF BENEFIT TO ~ LAND AND PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, the City Council of the City of Coppell, Texas, has caused in a newspaper having general circulation in the City and has delivered such r officer of the governing body of each taxing unit that includes in its boundaries r herein; and WHEREAS, the City Council of the City of Coppell, Texas, has cond on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC1L COPPELL, DALLAS COUNTY, TEXAS THAT: SECTION 1: That the City Council of the City of Coppell, Texa described herein will, if designated as a reinvestment zone, be reasonably likel retention or expansion of primary employment, or to attract major investment n of benefit to the property and contribute to the economic development of the C further finds that the improvements sought are feasible and practicable and wou land to be included in the zone and to the City after the expiration of a tax abaten SECTION 2. That pursuant to the provisions of Section 312.201 of th property described in Exhibit "A' attached hereto and made a part hereof for designated as a reinvestment zone and for identification is assigned the name "R 34 (CP-Coppell Industrial, Ltd.)." SIGNATING XAL, L~.); IMERC~ THAT THE H~NT ZONE BLE AND THE CITY; ~EPEALING notice to be published .otice to the presiding eal property described acted a public heating OF THE CITY OF finds that the area to contribute to the the zone that will be [y. The City Council ld be of benefit to the lent agreement. Texas Tax Code, the dl purposes is hereby einvestment Zone No. 41292 SECTION 3. That the property within Reinvestment Zone No. 34 is e] industrial tax abatement effective on January 1, 2002 SECTION 4. If any article, paragraph or subdivision, clause or provi shall be adjudged invalid or held unconstitutional, the same shall not affect the va as a whole or any part or provision thereof, other than the part so deci unconstitutional. SECTION 5. That all provisions of ordinances of the City of Coppell, the provisions of this ordinance be, and the same are hereby, repealed, and all conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately fi'om and a law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, igible for commercial- don of this ordinance lidity of this ordinance :led to be invalid or Fexas, in conflict with .ther provisions not in ter its passage, as the )n the __ day of (PGS/jmh/tt108/30/O 1 ~2001. APPROVED: JI/FY ATTORNEY CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETi d~Y 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. Surve City of Coppell, Dallas County, Texas and being a portion of that certain tr~ CP-Coppell Industrial, LTD. and TES-VIRGIL AVENUE, LTD. as evidem in Volume 2000093, Page 4346 and Volume 2000093, Page 4352, Dallas and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with LJA cap for the north Freeport North, an addition to the City of Coppell as recorded in Volume 9: Records Dallas County, Texas. THENCE South 00044'06'' East, a distance of 733.79 feet to the POINT OF THENCE North 89o18'47'' East, a distance of 941.06 feet to a set 1/2 inch THENCE South 00°41 '13" East, a distance of 1404.98 feet to a set 1/2 inC line of Bethel Road; THENCE South 89o18'44'' West, a distance of 939.88 feet to a set 1/2 inch THENCE North 00044'06TM West, a distance of 1405.00 feet to the POINT CONTAINING 1,321,350 square feet, 30.33 acres of land, more or less. E~IBIT "A" y, Abstract No. 1439, .ct conveyed to ~ed by deeds recorded ~'ounty Deed Records ast comer of Lot 3R, i245, Page 2050, Plat BEGRqNING; :on rod; iron rod in the north .ron rod; )F BEGINNING and AGENDA REQUEST FORM * ~' ~ '~'% ~, "'~~~CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatem City of Coppell and CP-Coppell Industrial, LTD., and authoring the Mayor to sig~ SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: City Council is scheduled to conduct a Public Hearing ~ the reinvestment zone on September 11, 2001. The Coppell Economic unanimously recommended approval of this abatement agreement request on Ma' BUDGET AMT. $ , FINANCIAL COMMENTS :~"N¥ AMT. EST. $ +\-BII DIR. INITIALS: 9~'-' Agenda Request Form - Revised 5/00 FIN. REVIEW:~I~ CITY MANAGER Document Name: $CPCc ITEM ;nt Agreement between the 1. egarding the designation of Development Committee 2, 2001. REVIEW: )re.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, TERMS AND CONDITIONS OF A TAX ABATEMENT AGRE BETWEEN THE CITY OF COPPELL, TEXAS AND CP-COPPELL 1~ AUTHORIZING 1TS EXECUTION BY THE MAYOR; AND EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Aba and among the City of Coppell, Texas and CP-Coppell Industrial, Ltd., a cop~ hereto and incorporated herein by re£erence~ and WHEREAS, upon full review and consideration of the Agreement, ~ thereto, the City Council is of the opinion and finds that the terms and conditi approved, and that the Mayor should be authorized to execute the Agreement of Coppell, Texas~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUi~ OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed the City of Coppell, Texas, and found to be acceptable and in the best inter citizens, be, and the same is hereby, in all things approved, and the Mayor is execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The City Council finds that the improvements propose Premises described in the Agreement will enhance the economic vitality of tl~ a combination of new capital investment, increased sales tax revenues, and the job opportunities. SECTION 3. The tax inventory, and supplies. SECTION 4. The improvements proposed abatement guidelines of the City of Coppell, Texas. abatement to be granted by the Agreem for the Premises will kPPROVING THE EMENT BY AND [DUSTRIAL, LTD.; PROVIDING AN tement Agreement by of which is attached ~d all matters related ons thereof should be on behalf of the City CIL OF THE CITY ~, the City Council of 5t of the City and its hereby authorized to :l to be built upon the e community through creation of additional :nt will not include accomplish the tax 43094 SECTION 5. The City Manager delivered to the presiding officer of' each taxing unit in which the property subject to the Agreement is located, a City of Coppell, Texas, intends to enter into the Agreement. The notice give~ included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement ar the affirmative vote of the majority of the members of the City Council ot Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediatel~ passage. DULY RESOLVED AND ADOPTED by the City Council of the £ on this the __ day of ~ 2001. CITY OF COPPELL, TEXAS APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (PGS/tt108/30/01) CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRET 2 :he governing body of a~ritten notice that the by the City Manager hereby approved by 'the City of Coppell, from and after its :y of Coppell, Texas, M~Y 43094 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEN This Tax Abatement Agreement (the "Agreement") is entered into by a of Coppell, Texas (the "City"), duly acting herein by and through its Mayo~ Industrial, Ltd. ("Owner"), acting by and through its authorized officer. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone 1 for commercial/industrial tax abatement, as authorized by the Property Rede Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Cod WHEREAS, the City has adopted guidelines for tax abatement (tl Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate gu! governing tax abatement agreements to be entered into by the City as conte Code; and WHEREAS, the City has adopted a resolution stating that it elec participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and ind~ employment base of the Coppell area, it is in the best interests of the taxpayers into this Agreement in accordance with said Ordinance, the Tax Abatement Gu Code; and WHEREAS, Owner's development efforts described herein will create in the City; and WHEREAS, the City Council finds that the contemplated use of the defined), the contemplated improvements to the Premises thereto in the ama Agreement, and the other terms hereof are consistent with encouraging develo[ accordance with the purposes for its creation and/or in compliance with Guidelines, the Ordinance adopted by the City, the Tax Code and all other appli WHEREAS, the City Council finds that the improvements sougl practicable and would be of benefit to the Premises (hereinafter defined) to be and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the mare Tax Code, to the presiding officers of the goveming bodies of each of the taxir Premises is located; and TAX ABATEMENT AGREEMENT - Page 1 lENT nd between the City and CP - Coppell "City"), passed an ~o. 34 (the "Zone"), velopment and Tax e"); and ~e "Tax Abatement delines and criteria mplated by the Tax :s to be eligible to lstrial economic and for the City to enter idelines and the Tax ~ermanent new jobs 'emises (hereinafter unt set forth in this ment of the Zone in :he Tax Abatement :able laws; and it are feasible and ncluded in the Zone .er prescribed by the g units in which the 42250 WHEREAS, the City desires to enter into an agreement with Owner, th the Premises within the Tax Abatement Reinvestment Zone for the abatement Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and herein and for good and other valuable consideration, the adequacy and receip acknowledged, including the expansion of primary employment, the attraction in the Zone, which contributes to the economic development of Coppell and 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' made a part hereof for all purposes (the "Land" hereinafter defined), which re~ within the city limits of the City and within the Zone. 2. The Premises are not in an improvement project financed by tax 3. This Agreement is entered into subject to the rights of the he bonds of the City. 4. The Premises are not owned or leased by any member of the or any member of the Coppell Planning and Zoning Commission, or any men 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 accordan Abatement Guidelines and Criteria, and approved by resolution of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and p Value for the Improvements is at least Five Million Five-hundred ($5,500,000.00) as of January 1 of the First Year of Abatement and as of Jar thereafter this Agreement is in effect, the City hereby grants Owner an abate] percent (75%) of the Taxable Value of the Improvements for a period of five (: The actual percentage of Taxable Value of the Improvements subject to abatem Agreement is in effect will apply only to the portion of the Taxable Value of th exceeds the Base Year Taxable Value for the Land, the year in which this A (base year/2001). 7. The period of tax abatement herein authorized shall be for a pe~ TAX ABATEMENT AGREEMENT - Page 2 proposed owner of of taxes pursuant to promises contained t of which is hereby of major investment enhancement of the attached hereto and property is located ncrement bonds. lders of outstanding ',oppell City Council her of the governing :e with the City Tax Council of the City rovided the Taxable Thousand Dollars mary 1 of each year nent of seventy-five 2) consecutive years. ~nt for each year this e Improvements that reement is executed )d of five (5) years. 42250 8. During the period of tax abatement herein authorized, Owner City taxation not abated, including but not limited to, sales tax and ad valor, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall ascribed to them: A. The "Base Year Taxable Value" shall mean the Taxabl~ for the year in which the Tax Abatement Agreement is executed (2001). B. An "Event of Bankruptcy or Insolvency" shall mea~ termination of Owner's existence as a going business, insolven, receiver for any part of Owner's property and such appointment is n~ ninety (90) days after such appointment is initially made, any genera benefit of creditors, or the commencement of any proceeding unde] insolvency laws by or against Owner and such proceeding is not disr (90) days after the filing thereof. C. The "First Year of Abatement" shall mean the earlier o: January 1 of the calendar year immediately following the issuance of for the Improvements. D. "Force Majeure" shall mean any contingency or cause b, control of Owner including, without limitation, acts of God or the pul: civil commotion, insurrection, adverse weather, government or de facto (unless caused by acts or omissions of Owner), fires, explosiom slowdowns or work stoppages. E. The "Improvements" shall mean the contemplated constructed on the Premises and as further described herein. F. The "Land" shall mean the real property described in hereto and incorporated herein for all purposes. G. The "Premises" shall mean the Land described in Exhi Improvements but excluding Tangible Personal Property. H. "Taxable Value" means the appraised value as certifi District as of January 1 of a given year. I. "Tangible Personal Property" shall mean tangible equipment and fixtures other than inventory or supplies added to the to the execution of this Agreement. TAX ABATEMENT AGREEMENT - Page 3 hall be subject to all ,~m taxation on land, have the meanings Value for the Land the dissolution or y, appointment of )t terminated within assignment for the any bankruptcy or issed within ninety January 1, 2002, or a City building final ,~yond the reasonable lic enemy, war, riot, governmental action or floods, strikes, mprovements to be ~xhibit "A" attached lit "A" including the :d by the Appraisal personal property, ~remises subsequent 42250 IMPROVEMENTS 10. Owner owns the Land and agrees to construct or cause to be office/warehouse facility known as Tradepoint I, containing approximately 612 space (and other ancillary facilities such as reasonably required parking and lat described in the submittals filed by Owner with the City from time to time building permit) (the "Improvements"). The Owner may construct or cause' expansion consisting of approximately 350,000 square feet of office/wa "Expansion"). If Owner constructs and completes the Expansion, such considered a part of the Improvements for purposes of the tax abatement g~ remainder of the Term beginning January 1 of the calendar year immediately fc of a City building final for the Expansion. The cost of the Improvements excl be at least Ten Million Dollars ($10,000,000). Nothing in this Agreement sha construct the Improvements on the Premises, but said action is a conditi. abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abateme Agreement, Owner will diligently and faithfully, in good and workmanlike ma completion of the Improvements on or before December 31, 2002, as consideration for this Agreement, and that all construction of the Impro constructed thereon 0,000 square feet of tdscaping more fully in order to obtain a :o be constructed an rehouse space (the Expansion shall be anted herein for the llowing the issuance ading the Land shall 11 obligate Owner to )n precedent to tax nt pursuant to this nner, and pursue the good and valuable vements will be in 'alid waiver thereof); accordance with all applicable state and local laws, codes, and regulations, (or x provided, that Owner shall have such additional time to complete and maintain :he Improvements as be required in the event of "Force Majeure," if Owner is diligently an~l faithfully pursuing may completion of the Improvements. / 12. Owner agrees to maintain the Improvements during the term qf 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 peri, commencing on the date a certificate of occupancy is issued for the Improveme] 13. The City, its agents and employees shall have the right of ac. during construction to inspect the Improvements at reasonable times and with Owner, and in accordance with Owner's visitor access and security policies, i~ the construction of the Improvements are in accordance with this Agreement a~ and local laws and regulations (or valid waiver thereof). GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the P: with the City, which shall be deemed to be incorporated by reference herein an for all purposes. TAX ABATEMENT AGREEMENT - Page 4 )d of five (5) years Its. :ess to the Premises reasonable notice to t order to insure that d all applicable state ,emises will be filed made a part hereof 42250 15. After completion of the Improvements, Owner shall certify in v construction cost of the Improvements. Owner shall also annually certify to compliance with each term of the Agreement. 16. The Premises and the Improvements constructed thereon at all t the manner (i) that is consistent with the City's Comprehensive Zoning Ordinm (ii) that, during the period taxes are abated hereunder, is consistent with the encouraging development or redevelopment within the Zone. 17. Owner agrees to provide to the tenants of the Improvement. abatement of taxes granted herein. Owner shall, upon written request, pr satisfactory evidence that the benefits of this Agreement have been provided Premises. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event Owner: (i) fails to complete the Improvements in Agreement or in accordance with applicable State or local laws, codes or delinquent ad valorem or sales taxes owed to the City with respect to the Premi retains its right to timely and properly protest such taxes or assessment); (iii Bankruptcy or Insolvency"; or (iv) breaches any of the terms and condition then Owner, after the expiration of the notice and cure periods described belo~ of this Agreement. As liquidated damages in the event of such default, Owm (30) days after demand, pay to the City all taxes which otherwise would have without benefit of a tax abatement with interest at the statutory rate for determined by Section 33.01 of the Tax Code as amended but without p acknowledge that actual damages in the event of default termination wouk difficult to determine. The parties further agree that any abated tax, including this Agreement, shall be recoverable against Owner, its successors and assigns tax lien on the Premises and shall become due, owing and shall be paid to the £ days after termination. 19. Upon breach by Owner of any obligations under this Agree notify Owner in writing. Owner shall have thirty (30) days from receipt of ti cure any such default. If the default cannot reasonably be cured within a thirty Owner has diligently pursued such remedies as shall be reasonably necessary then the City shall extend the period in which the default must be cured for an days. 20. If Owner fails to cure the default within the time provided as such time period may be extended, then the City at its sole option shall have this Agreement by written notice to Owner. 21. Upon termination of this Agreement by City, all tax abater Agreement shall become a debt to the City as liquidated damages, and sh payable not later than sixty (60) days after a notice of termination is made. Tl TAX ABATEMENT AGREEMENT - Page 5 ~ting to the City the the City that it is in imes shall be used in tce, as amended, and general purposes of ;, the benefit of the >vide the City with to the tenants of the accordance with this regulations; (ii) has ses (provided Owner has any "Event of of this Agreement, shall be in default ;r shall, within thirty >een paid to the City delinquent taxes as :nalty. The parties · be speculative and interest as a result of md shall constitute a ~.ity within thirty (30) ment, the City shall ~e notice in which to (30) day period, and to cure such default, additional sixty (60) pecified above or, as he fight to terminate · as a result of this all become due and te City shall have all 42250 remedies for the collection of the abated tax provided generally in the Tax Code delinquent property tax. The City at its sole discretion has the option to 1: schedule. The computation of the abated tax for the purposes of the Agreemenl the full Taxable Value of the Improvements without tax abatement for the abatement hereunder was received by Owner with respect to the Improvemer the Appraisal District, multiplied by the tax rate of the years in question, as cz Tax Assessor-Collector. The liquidated damages shall incur penalties as pro' taxes and shall commence to accrue after expiration of the sixty (60) day payme ANNUAL APPLICATION FOR TAX EXEMPTION; REND] 22. It shall be the responsibility of Owner, pursuant to the Tax Co exemption application form with the Chief Appraiser for each Appraisal E eligible taxable property has situs. A copy of the exemption application shall City upon request. SUCCESSORS AND ASSIGNS 23. This Agreement shall be binding on and inure to the benefit of their respective heirs, executors, administrators, legal representatives, successor Agreement may be assigned with the consent of the City Manager, which shall withheld, denied, or delayed. After any permitted assignment, all references tc thereafter be a reference to Owner's successor with respect to any obligations oJ or arising after the date of such assignment. NOTICE 24. All notices required by this Agreement shall be addressed to th~ such other party or address as either party designates in writing, by certified m 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 for the collection of rovide a repayment shall be based upon years in which tax ts as determined by lculated by the City ~ided for delinquent at period. iTION :le, to file an annual istrict in which the be submitted to the the parties to it and s, and assigns. This not be unreasonably Owner herein shall liabilities occurring ,' following, or other ail, postage prepaid, 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 Cou Council meeting authorizing the Mayor to execute this Agreement on behalf of SEVERABILITY 26. In the event any section, subsection, paragraph, sentence, phra held invalid, illegal or unconstitutional, the balance of this Agreement sl enforceable and shall be read as if the parties intended at all times to delete subsection, paragraph, sentence, phrase or word. APPLICABLE LAW 27. This Agreement shall be construed under the laws of the State any action under this Agreement shall be the State District Court of Dallas £ Agreement is performable in Dallas County, Texas. COUNTERPARTS 29. This Agreement may be executed in any number of counterparts be deemed an original and constitute one and the same instrument. ENTIRE AGREEMENT 29. This Agreement embodies the complete agreement of the partie~ all oral or written previous and contemporary agreements between the partie: matters in this Agreement, and except as otherwise provided herein cannot written agreement of the parties to be attached to and made a part of this Agreel CONVENANTS RUNNING WITH THE PREMISES 30. The provisions of this Agreement are hereby declared covena: Premises and are fully binding on all successors, heirs, and assigns of Owner w title, or interest in or to the Premises, or any part thereof. Any person who acc or interest in or to the Premises, or any part hereof, thereby agrees and coven fully perform the provisions of this Agreement with respect to the right, titl, Premises. TAX ABATEMENT AGREEMENT - Page 7 acil approved by its /he City. ;e or word herein is ~all stand, shall be ;aid invalid section, f Texas. Venue for ~.ounty, Texas. This each of which shall hereto, superseding and relating to the ,e modified without :tent. ~ts running with the ho acquire any right, uires any right, title, ants to abide by and or interest in such 42250 RECORDATION OF AGREEMENT 31. A certified copy of this Agreement shall be recorded in the De County, Texas. INCORPORATION OF RECITALS 32. The determinations recited and declared in the preambles to hereby incorporated herein as part of this Agreement. EXHIBITS 33. All exhibits to this Agreement are incorporated herein by refere wherever reference is made to the same. EXECUTED in duplicate originals this the __ day of ,200] CITY OF COPPELL, TEXAS AGREED AS TO FORM: By: PETER O. S a 'i'h, CITY ATTORNEY By: CANDY SHEEHAN, M) ATTEST: By: LIBBY BALL, CITY SE( d Records of Dallas this Agreement are ncc for all purposes .YOR ;RETARY 42250 TAX ABATEMENT AGREEMENT - Page 8 EXECUTED in duplicate originals this the __ day of ,2001 CP - COPPELL INDUSTRIAl LTD. STATE OF TEXAS CITY'S ACKNOWLEDGMENT COUNTY OF DALLAS This instrument was acknowledged before me on the __ day ot 2001, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas muni~ said municipality. :ipality, on behalf of My Commission Expires: TAX ABATEMENT AGREEMENT - Page 9 Notary Public, State of T~ 42250 OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the /4t/~"~ da 2001, by,.~--,cF,~_~- ~ d. ,_~,~/~ being the Industrial, Ltd., on be'half of said partnership. Notary Public, St My Commission Expires: TAX ABATEMENT AGREEMENT - Page 10 y of,,~Yr..r~'r.t'.5 7-, of CP - Coppell ate of Texas 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 City of Coppell, Dallas County, Texas and being a portion of that certain trac CP-Coppell Industrial, LTD. and TES-VIRGIL AVENUE, LTD. as evidence in Volume 2000093, Page 4346 and Volume 2000093, Page 4352, Dallas C, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with LJA cap for the northea Freeport North, an addition to the City of Coppell as recorded in Volume 95: Records Dallas County, Texas. THENCE South 00o44'06'' East, a distance of 733.79 feet to the POINT OF THENCE North 89o18'47'' East, a distance of 941.06 feet to a set 1/2 inch ir THENCE South 00°41 '13" East, a distance of 1404.98 feet to a set 1/2 inch line of Bethel Road; THENCE South 89018'44'' West, a distance of 939.88 feet to a set 1/2 inch THENCE North 00°44'06'' West, a distance of 1405.00 feet to the POINT 0 CONTAINING 1,321,350 square feet, 30.33 acres of land, more or less. E~f~IBIT "A" Abstract No. 1439, conveyed to by deeds recorded )unty Deed Records comer of Lot 3R, ~45, Page 2050, Plat 3EGINNING; m rod; iron rod in the north on rod; F BEGINNING and T H E C I T Y 0 F COPP-EIJL AGENDA REQUEST FORM e j' .~"a~ ~-~ ''~'~~~CITY COUNCIL MEETING: September 11 2001 ITEM CAPTION: PUBLIC HEARING: Consider approval of the Vista Ridge Addition, Lot 3R, Block G, Site Plan development of an approximately 71,000 square-foot office building on a 7.017 tract of property located at the southwest comer of S.H. 121 (Vista Ridge 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 Nesbi' 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 selo used on the building, being in compliance with the C.I.V.I.C. guideline: Initially, staff recommended denial; however, the applicant addressed most conce Agenda Request Form d 5/00 CITY MANAGER ~VR3Rspr and Replat, to allow the Lcre portion of a 25.93 acre Ioulevard) and MacArthur McGahey, Kittrell, Halsey ion to be 'ION MET) rns prior to the meeting. CASE: P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: CURRENT ZONING: REQUEST: APPLICANT: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Vista Ridge Addition~ Lot 3R, Bh Site Plan and Replat August 16, 2001 (first heard July 19, 2001) September 11, 2001 (originally scheduled for Au~ 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. HC (Highway Commercial) Replat and Site Plan approval for a 70,781 building, located within Phase I of a three phase t 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: HalffAsst 8616 NW Dallas, T3 (214)346. FAX: (21~ }ck G ust 14, 2001) Ridge Blvd.) and square foot office [evelopment project. ,ciates, Inc. Plaza Drive ~ 75225 6213 ~ 361-5573 Page 1 of 7 Item # 4 I-~STORY: The subject property is part of Lot 3, Block ( within the Vista Ridge Addition. The properg County and was originally part of the City recorded in September of 1986. Since that time has annexed this and other portions of the Vista t TRANSPORTATION: S.H. 121 will be built to freeway standards wilt feet of right-of-way. SURROUNDING LAND USE & ZONING: North- S.H. 121, City of Lewisville South - Vistas of Coppell, "SF7-PD 149"-Single- East - "LF'-Light Industrial, City of Lewisville West - Vistas of Coppell, "SF7-PD149"-Single4 COMPREHENSIVE PLAN: The Comprehensive Plan shows the pr( mixed-use development, including reta~ parks, schools, churches, and other comp uses. DISCUSSION: Page 2 of 7 On duly 19, 2001 the Planning & Zoning Commissi~ under advisement to allow the applicant additional ti relating to site plan, landscape plan, and elevation, initial staff report are noted in italics. The applicant is requesting to replat part of Lot 3, B Ridge Addition, subdividing the existing 49.2-acre p 25.9-acre parcel. The request for site plan approval 7.138-acre portion of the overall site, containing one office building. While the applicant proposes to c phases, also containing office buildings of a similar request, only Phase I is under review at the present review the layout of the entire phased developm~ functionality of the project as a whole, a concept pla~ for informational purposes only. The design of the si the western portion of the site, with the future Ph~ within the middle of the site and Phase III located or of the site, adjacent to MacArthur Boulevard. Minor made to the layout of the parking lot, particularly th from S.H. 121. The applicant has shifted the entrance to the east, causing the shift of the fire lane, as well Item # 4 7, a 49.20-acre tract 'lies within Denton of Lewisville when , the City of Coppell [idge Business Park. access roads in 450 *amily family .petty as suitable for l/commercial, office atible non-residential held this request to resolve issues Revisions to the ack G of the Vista arcel into a smaller includes Phase I, a 70,781 square-foot onstruct two future scale to the current time. In order to ;nt and ensure the ~ has been provided te places Phase I at .se II to be located · the eastern portion changes have been ~, southern entrance,, approximately 120 ~s the elimination of some parking spaces (a reduction from 416 to 393 connecting to Forest Hill Drive has also been mod~ circulation of the parking lot and increasing the buffe activity surrounding the office use and the adjacent re Staff has no objections to these changes. The applicant proposes a 100% office use within tl providing a total of 393 parking spaces, well exc~ required spaces. The proposed building will be orienl and the rear of the building will face the adjacent resid to the south (Vistas of Coppell). While the adjacency intense uses to the residential properties was a staff ~ proposal for one-story office buildings is a welc~ providing a buffer between the activity of S.H. 121 properties. Several steps have been taken to mitigate the imp~ residential properties. As required, the applicant will masonry wall along the length of the south property li~ constructed of brick veneer and stone columns to adjacent wall. Additionally, the office building measuring 32' at the highest point and will be locate~ off the south property line. The presence of the existi the south, accompanied with the setback from the pt masonry wall, will provide a substantial buffer betwee: A lighting plan has been provided for the Phase I de' that 25' high pole lights are proposed throughout the as building mounted lights. Lighting calculations indi spillover will occur beyond the property line. In response to concerns regarding the architec materials, the applicant has modified the architecture actual building materials do not vary from those origi staff is disappointed by the fact the design of the fro~ placement of the materials have only been slightly r, design proposed a 380' long front building wall wit), and recessed corners. The redesign of the front provides two entrance features, which are set apart fr, the building, breaking up the fagade and reducin building. The building materials remain consistem submission; however, the level of stone and glass J while the amount of tilt wall has been slightly decre the color of the tilt wall has been revised from off-wl Brown (reddish/brown) with silver/gray accents. similar to that of red brick, it does not appear to loo ). The drive aisle lqed, improving the ~ between vehicular ~idential properties. te subject building, ~'eding the level of ed toward S.H. 121 ential neighborhood of potentially more :oncem, the current ~med development, and the residential tct on the adjacent construct a 6' high re. The wall will be match the existing will be one-story, I approximately 85' ag 15' wide alley to aperty line, and the the uses. elopment, showing parking lot, as well cate that little or no ture and building 9f the building. The nally proposecl, and ~t building wall and ',vised. The original one main entrance building wall now ~m the remainder of ~, the scale of the with the original fas been increased, ased Additionally, ite/beige to Cougar While the color is ~ like red brick and Page 3 of 7 Item # 4 there is the possibility of fading. The applicant h~ fading occurs, it will do so evenly, so as to simply ~ lighter color. However, the purpose of plan revisi outstanding concerns, not generate additional concern suggest an alternative material. The paragraph below discusses the architecture an original plan submission; however, these comments ~ the revised submission. The applicant has not addre concerns written within this report and discussed a~ Planning & Zoning Commission hearing, nor in subse color and type of materials are not in accordance Report and the building remains characteristic of industrial/warehouse districts. It has been conveyed l the lack of real brick is disconcerting, particularly at should set Coppell apart from other jurisdictions and the north, with garish colors, pole signs, lack of ad and a hodge-podge of building materials and colors. The architecture of the proposed office buildin~ construction with a combination of off-white smooth beige sand blasted panel, with off-white/beige stoa entryways placed in the middle of the building and a canopies are planned over the entryways. These prop and materials are not appropriate in this particular lo design and materials of these buildings possess all found within the industrial/warehouse districts of Co very appropriate if located within those areas. Th, solidifies that statement by indicating that buildings t distribution should have a different character fron Coppell. However, the subject site is not within an located at a principal gateway into the City, along a 1~ and should reflect the design standards set forth for As outlined in the C.I.V.I.C. Report, office, ret~ buildings should be constructed of brick and stone. ~I Coppell is envisioned to be unique, with features wh: developments in other cities. Staff would encourat reconsider the color and type of materials and p: accordance with those recommended by the C.I.V.I.C. Because specific tenants are not known at this poin indicated on the building elevations the potential attached wall signage, in accordance with sign guide Zoning Ordinance. In order to ensure rear signage doe residential properties, staff would recommend no illl the rear of the building. ts indicated that if '.ppear as a slightly ons shouM reduce s. Staff wouM again d character of the .ontinue to apply to ssed the issues and the duly 19, 2001 uent meetings. The with the C.I.V.I.C. those found within o the applicant that this location, which the developments to ;quate landscaping, will be flit-wall panel and a darker ~e veneer accented the comers. Metal ;ed building colors :ation. The exterior the characteristics ppell and would be ~ C.I.V.I.C. Report br warehousing and t the remainder of industrial park, but rimary Image Zone, he City of Coppell. il and commercial his major entry into ch set it apart from ie the applicant to ~vide materials in Report. t, the applicant has ocations for future tines of the Coppell ~s not impact nearby ~minated signage at Page 4 of 7 Item# 4 Two 60-square-foot monument signs are proposed, or from S.H. 121. As indicated, the proposed sign will bt wall, painted Navajo White #36, to match the buil¢ proposed, the placement of two monument signs alonl the maximum allowable signage along a street fronl~ Section 12-29-4 (2.Cii), a maximum of two 60-sqm signs are permitted to serve the entire site, with on~ street frontage. Staff would advise the applicant to location for the signage, which will adequately set including future phases. The applicant has revised the one monument sign at the northernmost entrance into t, The applicant has located two dumpsters against the sc the rear of the property, screened by a tilt-wall enclost problematic. While the dumpster is located in a typic instance, it is placed in close proximity to the nearby re~, applicant has relocated the dumpsters to an island witt lot, providing an additional 30' between the property Landscaping All perimeter, interior, and non-vehicular landscape req~ met. The applicant has addressed most of staff's lands~ e at each entrance : constructed of tilt ing. As currently ; S.H. 121 exceeds tge. According to re-foot monument .. sign allowed per :arefully choose a ye the entire site, ~lans to show only e project. uth property line at xe. This location is .,al location, in this ,idential homes. The ~in the rear parking and the dumpsters. irements have been :aping concerns and revised the plan to provide additional required trees, ~dditional landscape islands, and extend the parking lot screen hedge. Howeyer, in providing the required number of trees, some of the character providecl by accent trees and smaller plantings has been removed from the frol~t of the building. Additionally, the northem entrance contains a large l~rassed area with a transformer. Staff has recommended that the transform,,~r be screened from view and that additional attention be given to the entran plantings and ornamental trees. In response to these cot has provided additional trees along the front and rear oj as a variety of trees and plantings at the entrance Additionally, the exposed transformer has been e~ entranceway. Staff would note that the applicant has provided a park along the northeastern perimeter of the parking lot sen this is a phase line, not a property line, timing of the cor~ is not known and this area may be exposed and quite vi~, amount of time. The applicant has successfully incorpon their design. The submitted Tree Survey and Prese~ indicates the phased development of the site, showin preserved, and those to be removed as part of Phase I or :e, through seasonal ~cerns, the applicant the building, as well into the project. minated from the ag lot screen hedge lng Phase I. While ~tmction for Phase II ible for a significant tted this request into vation Plan clearly g those trees to be potentially removed Page 5 of 7 Item# 4 as part of future phases. Tree Mitigation will occur in c phase of development. Replat As discussed in the History Section, the applicant is req] of Lot 3, Block G of the Vista Ridge Addition, which the jurisdiction of the City of Lewisville. The applica existing 49.2-acre parcel into a smaller 25.9-acre pa has indicated the rear and side yard setback lines on ti clarity of plat, staff has recommended the elimir indicating the side and rear yard setback requireme incorrectly indicates that the site is zoned LI-Light zoning is not typically referenced on plats and we ha reference to zoning be eliminated from the plat. Site Engineering As indicated by our Engineering Department, the & construction will need to be coordinated with TXEX Lewisville. Further, the drainage plan shows the prol being collected on site and discharged into an existing ~, S.H. 121. The existing system was designed for a 25-~ the applicant must evaluate the 100-year capacity of the' This issue may be resolved during the review of the cons RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending denial of the site plan and replat modifications which adequately address the issues brought fi Planning & Zoning Commission. As one of the most important in the City, and the fact that this project will set the pattern of entire entry into Coppell, a better site plan, architectural de building materials, need to be addressed 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 al a later date. Page 6 of 7 Item # 4 onjunction with each ~esting to replat part was originally under at is subdividing the :cel. The applicant ~e plat. To maintain .ation of the notes nts. The plat also ~ndustr/al; however, ~e requested that all veway location and )T and the City of osed 25-year runoff Iorm drain system in ear storm; therefore, :xisting box culvert. auction plans. due to the lack of ,rward by staff and ~rirnary image zones :levelopment for this sign, and palette of 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 £ C I T Y 0 F COP}SELL AGENDA REQUEST FORM COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider approval of the Town Center Addition, Lot 2, Block 3, Site Plan, to al' approximately 12,975 square-foot retail/office building on approximately 1.7 acre the east side of Denton Tap Road, approximately 475 feet south of Parkway Boule' 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 Nesb 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 cre the appearance of a visual separation from Eleanor's Square, as discus,~ at the August 16~h Planning and Zoning Commission meeting. 2) Board of Adjustment action granting variances to Sections 12-34-8 and of the Landscape Ordinance. 3) If variances are granted, then approval of off-site landscaping plan, si (a) Prior to the installation of the off-site landscaping, irrigation shall be approved by the City and the irrigation system shall installed by the applicant. (b) Prior to installation of the landscaping in the off-site areas staff shall approve the specific landscape materials. (c) City Staff shall approve all off-site landscaping after instalJ (PLEASE SEE CONTINUED CONDITIONS ON THE FOLLOWING DIR. INITIALS:~/- FIN. REVIEW:'q~ Agenda Request Form 00 CITY MANAGER @TC23sp .ow the development of an s of property located along tard. it, McGahey, Kittrell and ate ed 9 [bject to: >lans ~e City ation. PAGE) REVIEW: TOWN CENTER ADDITION, LOT 2, BLOCK 3, SITE i?LAN CONDITIONS CONTINUED: (d) The Leisure Services Department shall imp, materials approximately 90 days after planting healthy and growing condition. (e) In the event the landscape materials proposed f landscaping are not adopted with the revised PI applicant shall replace the plantings with adopted Plant Palette. In the event the Board of Adjustment does not gr~ then: (a) Revise Site Plan and Landscape Plan to be in a with all provisions of the Coppell Zoning Ordh Initially, staff recommended this case be held under advisement due issues to be addressed. .~ct off-site plant to ascertain their >r the off-site ant Palette, the aaterials on the nt the variances, :cordance lance. to a number of CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Town Center Addition, Lot 2, Block 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 Marcie Diamond, Assistant Planning Director Along the east side of Denton Tap Road, apt 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 ret APPLICANT: Alen Hinckley, Owner Un/vest Properties 12201 Merit Drive #170 Dallas, Texas 75251 972-991-4600 FAX: 972-991-7500 Randy Daniels, Daniels & Assoc 4320 N. Beltline Irving, Texas 75, 972-255-1515 972-255-4141 HISTORY: There has been no platting activity on this pa as well as surrounding properties, was zoned the mid-1980's. To the north of the proper~ two building office complex which was apl developed in accordance with the requiremer Ordinance. In 1998, a site plan was app Square, the shopping center which abuts combination of the landscaping provided on medians of Town Center Boulevard and fulfilled the landscape requirements. Most reo the Town Center area (April 2000), however, Site Plan ugust 14, 2001) ,roximately 475 feet ~il buiMing. architect 'Rd, 106A )38 cel. This property, ?C (Town Center) in is Princeton Park, a ~roved in 1997 and .ts of the Landscape :oved for Eleanor's to the south. A -site and within the ['own Center Drive ntly approved within ret to be developed, Page 1 of 7 Item # 5 is the approximately two-acre site between Co: Tom Thumb Shopping Center. Once again, ti plans were in accordance with the provisio~ Ordinance. TRANSPORTATION: Denton Tap Road is a P6D, six lane divided tl 100-foot right-of-way. Town Center Bouleva pavement within a variable right-of-way. Ad property there is 37 feet of right-of-way. SURROUNDING LAND USE & ZONING: North- Princeton Park Offices - TC (Town Ce: South - Eleanor's Square Shopping Center - T~ East - Coppell Justice Center - TC (Town Ce~ West - Humington Ridge Subdivision; SF9-PB COMPREHENSIVE PLAN: The Comprehensive Plan shows the pn neighborhood retail uses. DISCUSSION: On July 19, 2001, the Planning and Zoning Commiss under advisement to allow the applicant additional ti relating to site plan, landscape plan and elevation, initial staff report are noted in italics. This request is to receive site plan approval for a 14, building size has been reduced to 12,975 squat medical building to be located adjacent to Eleanor's Tap Road. The site plan indicates that there will be been reduced to 83) parking spaces and a 10-foot traffic lane along the northern side of the building space per 200 square feet (as would be required parking spaces would be required. It is assumed parking would allow for leasing to medical office ( restaurant (1 space per 100) uses. However, if o1~ less parking would be required (1 space per 30~ applicant has not specified what the drive-through is resubmission provides a more detailed tenant mi. square feet of retail and 3, 600 square feet of restat~ 83 parking spaces. The restaurant will require a SUl The site plan indicates that the proposed building w south property line. The TC (Town Center) district d yard setbacks, unless adjacent to single family. How~ nerica Bank and the ~e site and landscape s of the Landscape toroughfare within a has 28 foot-wide acem to the subject tter) (Town Cemer) ter) 129R ~perty as suitable for ion hem this request me to resolve issues :. Revisions to the 980 square-foot (the e feet) retail/office :quare along Demon 74 (the parking has -wide drive-through · At a ratio of one for retail), 71 (65) that the additional l space per 175) or ?ice is desired, then )-square feet). The intended to be. The ~, specifying 9,375 rant, thus requiring }. 11 be located on the oes not require side- ~ver, there would be Page 2 of 7 Item # 5 Building Code issues with abutting a new building le~, an existing building on a separately platted property minimum of 10 feet from the property line, both the p: buildings (Eleanor's Square) would have to be prote fu'e wall. Therefore, no openings (windows or permitted within 10 feet of the property line. Eleano: has a store front within 3 feet of the property line, am this building on the common property line would elevations of Eleanor's Square. A new developme~ abutting neighbor by causing major alterations to tha promote compatibility of use and is not appropriate publication of this staff report, the Chief Building Off that there will not be building code issues as herein d both the staff and Commission expressed concerns these two buildings in terms of aesthetics, as w opportunity for pedestrian circulation between these The site plan indicates four lighting fixtures on th flood light pointing towards the building. The ligt 1000 watt metal halide for both the down lights and note also states that the 30-foot poles will be mounte bases. Section 12-36-2.3 of the Zoning Ordinance st the height of the mounting of the luminaries shall be from the horizontal surface of the nearest parking pm the additional 3 feet in height would not be pe information is also needed as to the type and col lighting fixtures, as well as the need for a flood ligl other fixtures. The light poles have been reduced to the fixtures have been specified. This site will have access from Denton Tap Roa driveway which is jointly used by Eleanor's Squar, mutual access with the proposed bank to the north. Boulevard, one driveway will align with the existin Justice Center and additional access will be provided bank site onto Town Center Boulevard. Landscape Plan The Landscaping Plan is not in accordance with ti Ordinance. Specifically, the plan, as submitted, is with: · Section 12-34-9, the Non-vehicular landscape r 8,826 square feet of landscaping is required, provided. The Landscape Plan has been revis~ .s than 10 feet from Specifically, for a ;oposed and existing :ted with a ~-hour ~refronts) would be :'s Square currently the construction of mpact the existing which ignores its neighbor does not Since the original :ial has determined ~.scribed. However, ith the attaching of ell as the lack of o retail buildings. is site, including a .ting is specified as he flood light. The on 3-foot concrete .~cifically states that 'measured vertically .~ment." Therefore, ~rnitted. Additional ~r of the proposed tt in addition to the 'O feet in height and from the existing There is also a Along Town Center ; driveway into the brough the proposed current Landscape not in compliance ;quirement whereas and none is being ~d to provide 6,314 Page 3 of 7 Item # 5 square feet of the required 8, 992 square feet compensate for this deficit, the applicant has two City-owned areas within Town Center, nearb area is the median of Town Center Boulevard Boulevard, between the Fire Station and Ecker, approximately 1,800 square feet and is propose with shrubs and grasses. The second area is a~ Center entry feature sign at the southeast corn Boulevard and Parkway Boulevard. This area c feet. Therefore, this 2,678 square foot deficit addressed through the provision of approximatel of landscaping off-site. The plants selected for these areas are a cot currently on the City's Plant Palette and thc included in the revised Plant Palette, which is s and adoption over the next several months. If tt are installed prior to the adoption of the revise, these plants are not added to the Plant Palette, shall be responsible for replacement with approve The City will be responsible for maintaining this Therefore, prior to installation, City staff shall landscape materials. The City staff shall al landscaping after installation. Neither of these irrigated, although 8" waterlines traverse both tr irrigation plan shall be also be approved by the the applicant in these two areas. If this off-site landscaping is deemed appropriate Zoning Commission, then prior to forwarding City Council, Board of Adjustment action will bt variance to the requirements of the Landsca$ application to this Board has already been sa relief for this 2,678 square feet of requ landscaping. Section 12-34-8(C)2.c, which requires the pro~ landscape area on each side of a shared drive' provided. The applicant has challenged staff's i provision of the Landscape Ordinance, whereas' that when a driveway is less than 27 feet wide.. required. The applicant has increased the driv feet to eliminate this requirement. Staff feels thai feet dimension was to define what a mutual acces, limit it. While the applicant's interpretation f landscaping. To '~ered to landscape this site. The first south of Parkway ~. This median is to be landscaped acent to the Town rr of Town Center ontains 900 square is proposed to be 2, 700 square feet bination of plants se proposed to be rheduled for review ~ese plant materials Plant Palette and then the applicant cl plant materials. ~f-f-site landscaping. tpprove the specific 'o sign off on the areas are currently ~cts. Therefore, an 7ity and installed by 5y the Planning and ~is site plan to the required to grant a e Ordinance. An bmitted, requesting ired non-vehicular qsion of a 10 foot ray, none is being ~terpretation of this the provision states · then this buffer is eway width to 27.5 the intent of the 27 driveway is, not to of this ordinance Page 4 of 7 Item # 5 suggests elimination of the requirement for this opinion that there would still be aesthetic benefit this buffer and the applicant is stretching the il ordinance. Section 12-24-8(B)3, which requires that lands~ one tree) not being separated by more than 15 pa are two rows of parking (one which contains the does not comply with this section. The Lands~ revised to add the required landscape islands. Elevations The elevation of the building will be essentially the sa Town Center, located along the west side of Dent, similar to the architecture of Eleanor's Square. The a individual ivory channel letters with bonze trim ca returns. The elevations and signage is in a~ recommendations of the C.I.V.I.C. Report. At Planning and Zoning Commission meeting, the discussion as to the "architectural transition" betwet and this proposed building. The applicant has revi~ relocate the articulation of the building elevations approximately 10 feet from the existing building. relocation is to give both buildings a more balancea architectural transition between the existing and m awkward. The embellishments in the brick have als, "diamonds" to EFIS bands to differentiate this built Square. Finally, given that this proposed development is in th~ an approval letter from the Town Center Architectura accepting the design is required. This letter has been While staff is in support of this use at this locatit submitted, cannot be recommended for approval b~ adherence to the Landscape and Lighting Ordin ordinance issue has been resolved). In addition, the need to be resolved. (The Building Official does noi issues with this site plan.) It appears by reducing the increasing the building setback from the south prope the drive-through and/or the amount of parking pr could be easily resolved. Therefore, staff is recomm, be held under advisement until these concerns addressed. As detailed above, the applicant has sligh~ ,uffer, staff is of the to the provision of tterpretation of the :aped islands (with ~'ldng spaces, there loading area) which ape Plan has been me as the Market at )n Tap, as well as .tached signs will be ~s and dark bronze cordance with the he July 19, 2001, 'e was significant 'n Eleanor's Square ed the elevations to ~.o the south, to be The intent of this look; however, the w buildings is still ~ been revised from ting from Eleanor s Town Center area, Control Committee ~bmitted. ~, this site plan, as ~'cause of a lack of ances (the lighting building code issues ' have building code size of the building, rty line, eliminating 9vided, these issues mding that this case lave been properly ~ reduced the size of Page 5 of 7 Item # 5 the building (by 1,105 square feet), eliminated 11 ~ provided additional landscaping (both on and off-site). RECOMMENDATION TO THE PLANNING AND ZONING COMMISSI£ There are far too many loose ends and unresolved issues for this case. We recommend this request be HELD UNDER A the following issues are addressed and resolved to staff's satisf While staff stiff has concerns with the attachment of this build and pedestrian circulation issues, ordinance interpretation, t landscaping off-site requiring a variance, staff can only reco~ if strict adherence to the following conditions are met: o Board of Adjustment action granting a variance to See Landscape Ordinance, prior to forwarding this reques~ Prior to the installation of the off-site landscaping, it be approved by the City and the irrigation system sha~ applicant. Prior to installation of the landscaping in the off-si shall approve the specific landscape materials. City Staff shall approve all off-site landscaping after i In the event that the landscape materials propos landscaping are not adopted with the revised Plar~ materials shah be replaced, by the applicant, wit~ adopted Plant Palette. Revise site plan and landscape plan to be in acco] provisions of the Landscape Ordinance. (This cond pending Board of Adjustment action.) Revise the site plan to increase the building setb~ property line a minimum of 10 feet or submit a lett{ property owner stating that they agree to the buildi necessary to adhere to the building code requiremem~ adjacent properties are built within 10 feet of the m (This is no longer a Building Code issue) Reduce the height of the light poles to be in accordm 36-2.3 of the Ordinance and provide a rationale as to tl light. (This condition has been met) Receipt of a letter from the Town Center Architecmra2 expressing their approval of this site plan. (Received) arking spaces, and ~N: staff to recommend DVISEMENT umfl ction zg for architectural :nd the provision of ~tmend APPROVAL :tion 12-34-9 of the to City Council. rigation plans shall be installed by the e areas, City staff nstallation. ed for the off-site Palette, then the materials on the lance with all the ition has been met ck from the south from the abutting ag modifications as when buildings on utual property line. tce with Section 12- re need for the flood Control Committee 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) 2) 3) Revised Site Plan Revised Landscape Plan Revised Elevations Page 7 of 7 Item # 5 T H E ¢ I T Y 0 F COPP-ELL AGENDA REQUEST FORM e ~- ~e','~. ~'~, q~~~CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider approval of the Town Center Addition, Lots 2 & 3, Block 3, Minor Plat, tc retail/office center and bank on approximately 3 acres of property located along the ea 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 and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1; (CONDITION MET) 2) De~.caticn. (CONDITION MET) Staff recommends approval. DIR. INITIALS: Q~~- FIN. REVIEW.~ Agenda Request Form- l~evised 5/00 CITY MANAGEi~ ~TC2&3mp ITEM # allow the development of a st side of Denton Tap Road, McGahey, Kittrell, Halsey ck. (CONDITION MET) CASE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Town Center Addition, Lots 2 and 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 A Marcie Diamond, Assistant Planning Director Along the east side of Detuon Tap Road, app 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, Anders~ 5225 Village Cre Piano, Texas 75(3 972-931-0694 FAX: 972-931-92 HISTORY: There has been no platting activity on this par the property a Final Plat for Princeton Park, complex was approved in 1997. In 1998, Eleanor's Square was approved, which prt access, fire lane, utility and drainage eas instrument on this site. Block 3 '.gust 14, 2001) roximately 325 feet )n & Assoc. .~k Dr, St 200 93 ~38 :el. To the north of two-building office he Final Plat for dded for a mutual ement by separate Page 1 of 3 Item St 6 TRANSPORTATION: Denton Tap Road is a P6D, six lane divided ti 100-foot right-of-way. Town Center Boulevm pavement within a variable right-of-way. Ad2 property, there is 37 feet of right-of-way. SURROUNDING LAND USE & ZONING: North- Princeton Park Offices -TC (Town Cen South - vacant land and Eleanor's Square Sht (Town Center) East - Coppell Justice Center - TC (Town Ce West - Huntington Ridge Subdivision; SF9-PD COMPREHENSIVE PLAN: The Comprehensive Plan shows the prc neighborhood retail uses. DISCUSSION: Page 2 of 3 oroughfare within a d has 28 feet wide acent to the subject ter) ,pping Center - TC ater) 129R perty as suitable for On July 19, 2001, the Planning and Zoning Comnission denied this request due to the fact that one of the two site plans related to this plat was hem under advisement, and revisions to t~ze site plan couM potentially alter the plat. Revisions to the initial stadO' report are noted in italics. The purpose of this plat is to subdivide this property ir to allow for the development of a bank on Lot 3 and 2. Staff is recommending that both of these site advisement due to significant technical issues ' developments. The revisions to the site plans may all the property lines and/or fire lanes as proposed on th that this is a minor (final) plat, per State law, if no a 30 days, this plat is considered approved. recommending denial of this plat. This plat may be 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 ~,. There appears to be a slight discrepancy between the existing fire lane,, ~ccess, drainage and utility easement, which was established by separate instrument in 1998, and the fire lane and access easement proposed ~y this plat. This discrepancy needs to be rectified. I I 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, !his must be revised. Finally, the City Secretary's signature block needs to e updated to include Item # 6 to two tracts of land retail center on Lot lans be held under atith the proposed er the alignment of is plat. Also, given :tion is taken within Fherefore, staff is · esubmitted with the the specific name of the subdivision being approved -- 3 of the Town Center Addition. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSI£ Staff is recommending APPROVAL of Town Center Addition, Lots 2 and 3, 1. Rectifying the discrepancy between proposed fire lane and access easer southern driveway. 2. Including a complete metes and the Owners Certificate and Dedicat 3. Adding the name of the addition in 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 Lots 2 and 3, Block he minor plat of the ;lock 3, subject to: the existing and ~ents at the ,~ncls description in !on. :he City Secretary's Page 3 of 3 Item # 6 / I -- { ~ "[}.,l I I ~-'~ -~/-~-' ~ ......... =~-~ ........ · ~,: il / ~~-.. I ~ ............. ., _) ~ I ~1 ~L i~, , ;, ~ / ,,, , I ~ Ill l~i'; [ ] -+ I ~"- ........ ~ .... - ....... ~'l~-~--- I I .;I , ~ ~ ~ ~ ........ ; ~;~ ............. I t ' ~:._~4 ....... , =- ...,, ~:~ ..~ t-- , i I '~ i ~-~' ~'- t : 4-'- '~,~,l,'I ~l ~ _/ F COPPEL£ CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: AGENDA REQUEST FORM PUBLIC HEARING: Consider approval of Case No. S-1190, Green Pepper Asian Grill and Noodles, z PD-178R (Planned Development-178R).to PD-178R-S.U.P-1190 (PD178R, Sp~ allow the operation of an oriental restaurant and private club to be located in the 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 Commissioners Nesbit, and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The development of the property shall be in accordance with the site ph floor plan, elevations and revised sign plan. 2) 3) Hours of operation being 1 la.m. to 9 p.m. seven days a week. Staff recommends approval. CITY MANAGER ~s1190 DIR. INITIALS: ~ FIN. REVIEW:~ Agenda Request Form - /00 ITEM oning change request from '.cial Use Permit-Il90), to Town Center West Retail McGahey, Kittrell, Halsey .n, CASE NO: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT S-1190 Green Pepper Asian Grill P & Z HEARING DATE: C.C. HEARING DATE: STAFF REP.: LOCATION: SIZE OF AREA: CURRENT ZONING: REQUEST: APPLICANT: HISTORY: August 16, 2001 September 11,2001 Marcie Diamond, Assistant Planning Director In the Town Center West Retail Center at 171 Approximately 2,419 square feet. PD- 178-C (Planned Development- 178, Commer Special Use Permit approval for a restaurant and Ampom LI 311 Oakwood Trail Fairview, Texas 75069 214-544-1539 FAX: 214-544-0537 This property was rezoned from C (Commercial Development District (PD-178) for commerci 2000, the City Council approved detail plans fa eastem 1.8 acre portion was proposed for ret~ uses, and the western 2.7 acres for a day care development facility. On January 9, 2001, City Council approved SU Restaurant and SUP-1182 to allow a coffee ho center. Revised signage for CC's Coffee Hot May of this year. The current request is locate{ of this building. .nd Noodles Denton Tap Road ial) >rivate club. to Conceptual Plan d uses. In March r this property. The il/medical/restaurant ~uilding and a child '-1183 for Quizno's ~se in this shopping se was approved in at the northem end Page 1 of 3 Item # 7 Also under consideration in this docket is S-1 Italian ice cream restaurant to be located Quizno's. TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided tl feet of paving in each direction, contained wi right-of-way. Town Center Blvd. West is a 27- allowing access to the Coppell High School prol 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 pr retail and commercial uses. The applicant desires to operate a 2,4 restaurant and private club at the nortl: Town Center Retail Center. This restau Paciugo Italian ice cream shop will occ spaces in this building. Given the mix building, including over 50% restaurz parking on this property. This restaurant will occupy 2,419 sqm 92 seats. This restaurant will be oper from 1 la.m. to 9 p.m. Signage permitted is based on the numl as linear frontage. This restaurant frontage on Denton Tap and 82' fron West Boulevard. Three, 56.5 square-fi -- one sign on Denton Tap Road, one Boulevard and one on the rear of the meet the sign criteria of PD-178 individually mounted ivory chanm raceways) with bronze trim caps and size of the signs on Denton Tap Rol property exceeds the maximum size p 29-4.3(B) of the Zoning Ordinance, th effective area on any one faCade shall foot per one lineal foot of fa9ade widl on Denton Tap and the rear elevatio [ 91, for Paciugo, an between CC's and xoroughfare, with 37 :lain 110-120 feet of toot wide local street )erty. ~perty as suitable for 19 square-foot Asian em end of Market at rant and the proposed apy the last two lease ~f uses occupying this at, there is sufficient re feet and will have seven days a week, .'r of facades, as well will have 29'2" of ~tge on Town Center sot signs are proposed )n Town Center West building. The signs in terms of being :1 letters, (with no crams. However, the d and the rear of the rmitted. Per Section maximum aggregate e equal to one square ~. Therefore, the signs :~ need to be reduced Page 2 of 3 Item # 7 from 56.5 square feet to 29.16 square Town West Boulevard is in compliance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSIO1~ Staff is recommending APPROVAL of Pepper Asian Grill and Noodles restaura subject to: 1. The sign on Denton Tap and the reduced to a maximum of 29.16 sqm 2. The development of the property sl: with the site plan, floor plan, elevati plan. 3. Hours of operation being 11 a.m. to 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 feet. The sign on S-1190 for Green ~t and private club, rear elevation being re feet. all be in accordance ins and revised sign p.m. seven days a Page 3 of 3 Item # 7 ' 0 c~ d 'X/' / N 0 .L N ~] LLI I-- Z Ltl 0 b Z t I I I I I ,,~7-,b L Z -i- ._1 ._l T H £ * C I T Y 0 F COPP-ELL AGENDA REQUEST FORM t ~' ~ -~,~ ?; q~ ~~~~~ U~CiTY COUNCIL MEETING: September 11, 2001 ITEM # 4 8 · ~ ITEM CAPTION: Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan a~ development of an approximately 10,400 square-foot retail building on approxima 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 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, am hazardous, requiring a significant level of redesign to address these issu The numerous outstanding issues and concerns regarding the landscapi functionality of the drive-through facility, overall circulation, and size c Proposed uses not supported by the Coppell Comprehensive Master PI, · A general disregard for good design and site planning as exhibited in C Please see Jared Jackson's letter dated August 27, 2001, appealing this case to Co~ DIR. INITIALS: ~~' Agenda Request Form - Revised 5/00 FIN. REVIEW.~ CITY MANAGER ~DynSPM ~d Minor Plat, to allow the rely 1.606 acres of property McGahey, Kittrell, Halsey potentially ng, the f the building. tn. ~ppell. mcil. REVIE r=n~ch~ Inc. 3109 Knox St., Dallas, Texas 7 (214) 882-1058 August27,2001 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 Dear Ms. Roy, Our client and the ~rrent property owner are requesting to appeal the I Zoning Commission s denial of our project, the Minor Plat & Site plan $ the city coundl of Coppell. Please let me know if there is anything else do. If you have any questions please contact me at (214) 882-1058. I 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" a disk with the new jpeg drawings (the elevations did not change included). Ste 613 ~205 BIk 1 :~lanning and ubmittal, to we need to ook forward xl 1' bond and and are not CASE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Dynas ,ty Cleaners Addition, Lot 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 Approximately 1.606 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: Site Plan and Minor Plat approval for a 10,, 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 Applicar Choi Dy 1219 Jea Carrolltc (972) 44, (214)341 HISTORY: There has been no platting history on the subje for the adjacent Jack in the Box site was appro, Zoning Commission on July 20, 2000. TRANSPORTATION: State Highway 121 will eventually be built freeway. The subject tract is adjacent to the three-lane service road of this highway, as w northbound lanes of Denton Tap Road, whic~ roadway, within 120' of right-of-way. Block 1, ~oad ~00 square-foot retail t~ aett Way n, TX 75006 5-8843 -2982 FAX site. The Final Plat 7ed by the Planning & as a six-lane divided : eastbound one way, ell as adjacent to the is a six-lane divided Page 1 of 5 Item # 10 SURROUNDING LAND USE & ZONING: North- South - East - West - COMPREHENSIVE PLAN: DISCUSSION: State Highway 121 Vacant; HC (Highway Commer Jack in the Box, HC-SUP- 1176 Commercial Special Use Permil Vacant; Magnolia Retail Center HC-PD 133 (Highway Commer¢ Development-133) The Comprehensive Plan shows the pi regional retail uses. The applicant requests site plan and minor p the development of a 10,400 square-fo~ approximately 1.6 acres of property located a, of S.H. 121 and Denton Tap Road. As prop will contain a 3,250 square-foot dry cleane facility, a 3,250 square-foot convenience stor 3,900 square feet will contain retail uses. The. will require a Special Use Permit. The propose served by 54 parking spaces, exceeding the = by two spaces. While the Comprehensive Plan supports "regic rial) zoning (Highway -1176) under construction, ial Planned operty as suitable for .at approval to allow ~t retail center on the southeast comer >sed, the retail center with drive-through , and the remaining :onvenience store use :d retail center will be finimum requirement hal" retail uses in this area, convenience stores, dry cleaners, and 'Ineighborhood" retail uses were not envisioned to be located at this ~omer. Staff does not object to a regional retail use in this l¢cation; however, a convenience store and dry cleaners placed at a IP. rimary entrance into the City is not the image which Coppell inter~ls to reflect, nor is it something that staff would support. Site Plan The layout of the site places the building a fronting Denton Tap, with the proposed drive-1 on the southern end of the building, extremely While drive-through facilities are becoming ex' variety of uses, the City, in cooperation with made every effort to screen them from vi functionality with the remainder of on-site However, in this instance, the drive-through Denton Tap Road and will likely hinder on placement of the drive-through will force custc right and then sharp left mm immediately uF t an angle, primarily hrough facility placed close to the entrance. temely common for a many applicants have ,-w and ensure their · ehicular circulation. s clearly visible from site circulation. The ,mers to make a sharp on entering the site. Page 2 of 5 Item # 10 While the right mm is a standard right mm rs likely that because of this quick decision to only occur within the aisle, but within the serves as a £n'e lane. Altemative placements however, the applicant feels that the propc appropriate for their needs. In response to dii of 10', it remains ~rn, queuing will not entrance, which also have been suggested; ;ed location is most staff's concerns, the applicant has shown directional signage whicl~ will allegedly guide drive-through customers in the correct manne~. Other alternatives, such as converting the aisle on the south side ~f the site into a one- way drive or relocating the drive-through, woult:l require redesign. Page 3 of 5 Additionally, because the building will sit at serving the building is also positioned at a vari particularly concerned with the placement of the north side of the building and two spaces building. Each space is located on or near mm: would not expect vehicles to be pulling in or troublesome are the two north parking spa~ making it difficult to turn into these space direction without crossing into the oncoming the front row of parking closest to the int{ parking spaces, exceeding the maximum 15 Sl: a landscape island. Addressing these parkin~ cause a deficiency. A reduction in the size oftl reconfiguring the parking lot and improvin circulation. Due to the fact that the site is situated at the traveled roadways, no additional curb cuts ~ Access to the site is limited to the existing Ja access easement to the east and an existing o south. In reviewing the Minor Plat, it was di lane connecting Jack in the Box to the subje correctly. According to the applicant, the Jacl was not constructed properly and the placemex lane does align with what is actually consl connection to the existing fire lane to the south exceeding standard curve radii, with an open width. This is an unnecessary and excessive ar Architecture The retail center will be one-story, measuring height and constructed of red brick with wb2 an angle, the parking ,-ty of angles. Staff is ~o parking spaces on the south side of the where an individual .acking out. The most :s which are angled, s fi'om the opposite travel lane. Further, :rsection contains 17 ~ces in a row without concerns will likely e building may aid in g on-site safety and :omer of two heavily vould be permitted. :k in the Box mutual ~f-site curb cut to the scovered that the fire :t site does not align c in the Box fire lane tt of the proposed fire ructed. Further, the has been designed far ing measuring 46' in aount of paving. approximately 24' in te brick accents. A green awning will be placed on the length ol the north end of the building over the windows and a green standin: seam metal roof will be placed over the roof accents and ddve-thro gh. At the request of Item# 10 staff, the architecture of the building has b, original submission. However, review of the and additional attention to detail is needed. reference or confmu building measuremer elevations are not drawn to scale. The applica~ proposed building materials, yet no color board Because the applicant has not determined the d. for the dry cleaning use, signage guidelines hay plan. While staffhas no objection to the guideli that a specific user would show proposed signa adequate review and comment by the Planning Commission, particularly at this prominent locl Landscaping The proposed Landscape Plan lacks the charac of most landscape plans reviewed by staff. requirements are met regarding the number of the number of trees, the plan clearly represents limited choice of plant materials, their pla design. Further, the Landscape Plan does not 34-5 of the Zoning Ordinance, which states th~ shall be prepared by a landscape architect or that belongs to a bonafide nurseryman's associ~ plans do not possess this verification. The Nursery" was placed on the plan with the curre] Conclusion To conclude, the proposed plan provides information required for review; however, the landscaping, and numerous outstanding issu concern to staff. Denton Tap Road is a Primm intersection of Denton Tap and S.H. 121 is a n City from the north. The use and structure plac the tone for further development in this area; represent a quality, well-planned, and efficie~ mentioned, staffdoes not object to a "regional': convenience store and dry cleaners within a str use which was envisioned nor suggested by the for this prominent intersection within Coppell. remain outstanding, unexplained, and unresol response by the applicant in addressing staff's the Development Review Process. The curre~ the first plan which attempts to address staff's ~ ,~en altered from the architectural features Staff is unable to Is, as the building ~t has shown staff the has been received. ,~sign of the signage e been placed on the nes, it is preferred ge, allowing for & Zoning ion. x and design aspects While the minimum landscape islands and the minimum with the cement, and general comply with Section Bt "Landscaping Plans landscape contractor trion." The landscape reference to "P & E ~t submission. much of the basic design, proposed use, es are a detrimental y Image Zone and the ~ajor gateway into the ed on this site will set a tone which should t site. As previously retail use; however, a p retail center is not a Comprehensive Plan, Many of these issues red, due to a lack of comments throughout ~t plan submission is :omments. Page 4 of 5 Item # 10 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSIO ~l: Staff recommends denial of the Site Plan and Minor Plat based on: · The design and layout of the site is extremely inefficient, awkward hazardous, requiting a significant level of redesign to address these · The numerous outstanding issues and concerns regarding the lands functionality of the drive-through facility, overall circulation, and s · Proposed uses not supported by the Coppell Comprehensive Maste · A general disregard for good design and site planning as exhibited 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) . .and potentially issues. gaping, the ize of the building. r Plan. in Coppell. Page 5 of 5 Item # 10 City of Coppell Development Review Committee Comments Planning Department Dynasty, Cleaners Addition Lot Block 1 Site Plan and Minor Plat Southeast Corner of Denton Tap Road and S.] 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 surroundin~ Minor Plat and Site Plan. Staff strongly recommends against for Planning & Zoning Commission until ali issues have been resolved. wishes to proceed, any outstanding issues may result in a recommend In the event that the applicant remedies all noted issues, staff ~ 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 tic into th in the Box site. Indicate on Plat that the two cross access easements (II-A and II-E Page 2413) will bc abandoned by separate instrument. These will 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 si! must remain, all other information surrounding should bc elimina! Plat. Site Plan 6. Revise Label on Site Plan and Landscape Plan Sheets, which indic Lot 1, Block A of Dynasty Cleaners Addition. The Plat indicates 1. 7. Revise site and landscape plan to comply with Section 12-34-8 C~ for a maximum width of accessways between lots to be 25'; as cu~ proposed, the accessway between the subject site and the property approximately 35' in width. 8. Provide one loading space per Section 12-31-3 of the Zoning Ord~ requires all retail/commercial structures having 5,000 sq. f~. or mc to provide loading/unloading of merchandise, measuring a min. ot Additionally, please note that loading docks and areas shall not be street side of any structure unless screened according to section 1 ~ 9. The dumpster screen shall be constructed of the same materials ae building. Revise dumpster detail to indicate a brick dumpster enC constructed. 10. Provide doors on the dumpster, which are to remain closed unless adequately screen the dumpsters. t. 121 ; the submitted warding to the If the applicant ation of denial. 'ill conduct an adjacent Jack Vol. 99171, lo longer be ~nature block ed from the :ates the site is he site is Block , which allows xently to the south is nance, which re of gross area 12' x 30'. located on the .-33-1(4). d color of the .osure will be in use, to 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Remove all proposed landscaping from site plan; this should only the landscape plan. Please note that the standard required parking space dimension is Additionally, Section 12-31-5 of the Zoning Ordinance allows foJ parking spaces, where the spaces adjoins an open area, allowing fi overhang. (Note that this overhang area cannot be counted as lam Eliminate Construction Notes on Site Plan sheet and provide Site l 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, includ height, type, etc. Indicate on site plan that convenience store will require a special ~ Revise layout of three perpendicular spaces and one parallel space end of the building; this is extremely awkward. Indicate that wheel stops will be provided for all parking spaces, x immediately perpendicular to the building. These spaces are locat, top of a window with no spacing in between. Explain or revise row of parking immediately in front of the build it is noted that 12 spaces are provided; however, one space contai~ this a walkway, handicapped space, etc.? Indicate location of proposed handicapped parking spaces and em access is provided per ADA requirements. Placement of the drive-thru facility on the south end of the buildir entrance is extremely awkward. Indicate how traffic will be direcl thru, i.e. signage, etc. The site plan shows what appears to be an additional overhang ov, area, separate from the actual covered drive-thru. This does not rt building elevations for this side of the building. Please remedy. Indicate right-of-way width for Denton Tap Road. Varied is not a The applicant may want to reconsider the layout of parking in froi building. As currently planned, no parking is located in front oftl the Dry Cleaner, but is placed further to the north. Landscape Plan 24. Please note that, according to Section 12-34-5 Landscape Plans, p the Zoning Ordinance, a landscape architect or landscape contracl to a bonafide nurseryman's association must the submitted landsc 25. Please note that 33 trees are required and only 31 are shown on th plan. Provide one tree at the end of each row of parking, which v, deficiency. 26. Staff would recommend the applicant provide seasonal color or st at the comer of S.H. 121 and Denton Tap within the large green o subject site. Additionally, staff would also encourage the applicm be shown on 7' x 19'. 9' x 17' ~r proper tscaping area) Data Table on .ng placement, tse permit. at the north chich are ~d directly on ing. Currently ts an "X". Is ure that proper .g at the ed to the drive- ~r the drive-thru latch the cceptable. tt of the le entrance to aragraph II, of or that belongs ipe plan. ~ landscape ill address this aaller plantings ~en space on the it to enhance the 27. 28. 29. 30. 31. 32. landscape plan, with a variety of plantings and the provision of son character. Please indicate on landscape plan the percentage of total site area d landscaping. Revise proposed Plant List/Schedule Table to show the proposed t~ scientific name. Substitute Texas Red Red Oak, Texas Pistache and Chinese Holly are shown on the City's approved Plant Palette. Provide a combination of Live Oak and Shumard Red Oak trees a perimeter of the property, in keeping with surrounding properties. Increase line weight of text under the Legend and Landscape Data difficult to read. Revise scale of Landscape Plan (currently 1-20) or Site Plan (curre that both plans are drawn at the same scale. Elevations 33. Revise building elevations to indicate north, south, east, and west back, right, and left. 34. Indicate the scale of the building elevations. 35. Signs attached to the building shall consist of individually mounte letters in white, black, gray, beige, or brown, with the same color.s all signs within the project. No signage is currently shown on the 1 would recommend that the type of sign proposed for the Dry Clear submitted with the application in order to staff and Planning & Zo~ Commission to conduct a full review. Otherwise, staffwould reco detailed guidelines (font, color, proposed locations) for all propose noted on the site plan and elevations, ensuring full compliance witl Ordinance requirements. (See attached sample) 36. Staffwould recommend that the white accent brick be limited to n~ 20% of building materials. As currently proposed, it appears that i level. Per the C.I.V.I.C Report, accent brick should be permitted [ accent brick in combination with other non-masonry material do n, 20% benchmark. 37. Ensure compliance with the C.I.V.I.C Report regarding windows. not exceed 50% of any one faqade of a building. Indicate percenta front faqade. 38. Staff would recommend that the applicant reconsider some of the ~ characteristics of the proposed building. While staff supports the materials, the site is located at the gateway to the City and should standards and characteristics of Coppell, such as including typical architectural accent pieces, etc. (See attached plan) 39. Staff would recommend the lowering of the parapet wall along the the building. While there is no objection to a parapet wall, the too only the entry features is 6' above the lower parapet wall. The sid~ these projections is clearly visible, giving the appearance of an arti 40. Please contact the Fire Marshal (972) 304-3503 or Asst. Fire Mars the height of the parapet. It is Planning Staff's understanding that can not exceed 4' above the roofline. 41. Please note that rooftop mechanical equipment shall be screened f~ would encourage the applicant to review the screening requiremen te additional evoted to ees and their Mth plants that ong the entire Fable; this is ntly 1-30) so astead of front, channel :heme used on uilding. Staff .ers be ting mmend that d signs be Zoning more than exceeds this ~vided that )t exceed the Glass should ge of glass on xchitectural ~uilding 'effect the roof slopes, front faCade of f projection at ,~ and rear of ficial facade. hal to discuss a parapet wall · om view. Staff ts. It should be 42. 43. 44. noted that the intersection of S.H. 121 and Denton Tap Road will when construction of S.H. 121 is complete. Utility meters shall not be visible from view. Indicate the propost meters on the building to ensure proper screening. Indicate type and colors all building materials (i.e. Acme Red Bric including windows and additional accent materials. Provide staff with a color board of the proposed project at the Au 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 autom sprinkler system. Note: A. Please revise plats, site plans, landscape plans, and building elex staff recommendations. Should applicant disagree with staff c provide reasons why staff recommendations should not be foll, attend the August 2nd Development Review Committee (DRC) ~ Each applicant will bring two new sets of revised plats and plan DRC meeting. Applicants will be asked to show, explain and c An Engineer for the project or other representative is urged to atte Applicant will have fill noon Tuesday, August 7th to resubm folded copies of revised plans, three (3) reduced paper copies (I JPEG flies of each exhibit to the Planning Department. ~e elevated d placement of k #274), ust 2, 2001 tic fire 'ations based on )mments please )wed when you aeeting. ~ to the August 2nd ~efend any revision. ad the meeting. it fourteen (14) 1/2 X 11) and JUL 2 6 2001 ITEM: DEVELOPMENT REVIEW DRC DA TE: July 26, 2001 and August 2, 2001 CONTACT: Kenneth M. Griffin, P.E., Director of Engineering (972-3~ ENGINEERING COMMENTS Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan and I~Iinor Plat, to allow the development of an approximately 10,400 square-foot ~etail 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. ~4-3 6 79) COMMENT STATUS: ,/PRELIMINARY 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 south side of your development and adjacent to Denton Tap Rd. was not Jack-in-the-Box development. It is shown to be constructed by others construct the 8" water line along your southern property line and along [ is the water line that you are proposing to tie in your fire line, water meter. The Jack-in-the-Box plans also show an 8" water line stub out SH 121. Please comment on why you are proposing to tap into the place a fire hydrant. Also please comment why you are placing a fire h 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 shall be constructed with this development. 4. You should construct a manhole to tie the proposed 6" sanitary sewer lh public sanitary sewer line. Also you should provide a waste water a property line on the 6" sanitary sewer line. 5. When you are constructing the water line along your southern property as to why you are not taking your fire line off that water line. It is priva that may eliminate the need for an additional fire line vault. I'm unsure of agreements between Denton Tap Development and your developmer water line. 6. An easement should be provided for the fire hydrant adjacent to Denton 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. ]" water line on the constructed with the · You will need to ~enton Tap Rd. This meter and irrigation n the fire lane along xisting water line to drant 30' away from .dvised that sidewalk into the existing 8" :cess device at your ine, please comment e at that location and if there are any type concerning that 8" rap Rd. and for the T H E ¢ I T Y 0 F e ~' ~ ~ ~-~ ~~ ~ ~~~l~ '~CiTY COUNCIL MEETING: September 11 2001 A & . 1. ' AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Professional Services Agreement with Schrickel, RollJ preparation of Construction Documents related to the development of Tennis Cot Wagon Wheel Park, in an amount not to exceed $114,000.00, and authorizing the 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 provided for in the bond issue of November 1999, as well as construction of a facility in order to monitor the site, and appropriate parking. The total funds million, with $785,000 being appropriated from the bond issue of November 1! derived from CRDC subject to approval by that body, and fmal approval of the dc a later date. If you have any questions or comments, please do not hesitate to co~ expedite this since we continually fall behind regarding the tennis center developm BUDGET AMT. $ AMT EST. $ +X-BIX FINANCIAL COMMENTS: Funds for the Tennis Courts were part of the 2000 CITY MANAGER Document Name: ^tennis ITEM # DIR. INITIALS: ~ Agenda Request Form - Revised 5/00 as and Associates for the .rts and related amenities at City Manager to sign. original tennis courts as ;mall concession/restroom appropriated are $1.185 99, and the balance being ..sign by the City Council at xtact me. We would like to mt schedule. $ 3eneral Obligation Bonds. .~EVIEW: ~ T H B G I T Y 0 F CO?isEI L PARKS AND LEISURE SERVICES DEPAI CITY COUNCIL AGENDA ITEM Date: September 7, 2001 To: Mayor and City Council From: Re: Consider Approval ora Professional Services Agreement with Sch and Associates for the Construction Documentation and Contract Adminh Proposed Tennis Courts and Related Amenities at Wagon Wheel Park, in~ to exceed $114,000.00, and Authorizing the City Manager to Sign. Background: ' TMENT rickel Rollins tration of the m amount not During the planning, research and public input related to the development of the 1998 Parks, Recreation and Open Space Master Plan, the Coppell Tennis Ass ociation made it clear that the time was right for the City of Coppell to develop a tennis c rater, or at least some courts for organized play. The Master Plan Committee agreed a~d added tennis courts to the needs portion of the Plan. The Park Board and the City Cotmcil were also in agreement with the addition of tennis courts to the Master Plan. site The location for a Tennis Center was discussed at length and many and analyzed as the best possible site. Initially, Andrew Brown Jr. Cornn was considered the best choice. A cost estimate was produced for six lighting, fencing, commons area, landscaping and connecting sidewalks. to make use of existing parking, restrooms and ground requiting little a to prepare for installation of tennis courts. An Estimate of Probable Con., $785,000.00 was created based on these criteria. At this same time, Hall was contracted to review the flood plain encroachment issues, which wot placing tennis courts at Andrew Brown West. It was determined that th offer a good solution because the site is not large enough to mitigate an elevations that would be necessary for the addition of tennis courts. The 1999 Bond Committee then decided that tennis courts deserved 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 v 4th tennis courts ~ were reviewed .unity Park West :ourts, including The facility was Ieration in order ~truction Cost of f' and Associates ~d be created by s site would not increases in the included as one of the itemized projects. Soon after the election, the af were prioritized for sale of bonds to have the projects completed. Th Tennis Cemer were sold earlier in 2001. The City Council decided that the most desirable location for the cou comer of Wagon Wheel Park along the southwestern portion of the site proposed extension of Creekview Drive. The city entered into an Schrickel Rollins and Associates (SRA) for the master planning of a Term site, which is now in the finishing stages of production. The contract now under consideration for approval, again with SchriC allow the completion of the Construction Documents, bidding, award Construction Observation of the Tennis Center. The proposed Tennis Ce consist of six lighted courts, with two additional to be included as alternate a restroom building, a parking lot and drive connection to Creekvie proposed agreement with SRA stipulates compensation for the Basic Profi based on the final budget of the project. Staff recommends award compensation of $75,000 for Basic Services. The consultant has also Optional Services. It is recommended a $29,000.00 allowance be awar( Administration/Observation, $6,000.00 allowance for Field Surveys allowance for Geotechnical Services. This brings the total award of Services Agreement to a maximum of$114,000.00. It is estimated that the 1999 Bond Funds will pay for the six lighted eom Recreation Development Corporation has discussed and agreed to ti funding a parking lot, utility extensions and restroom building. City Council Action requested: Award of a Professional Services Agreement to Schrickel Rollins and A Construction Documentation/Administration/Observation for Tennis Co amenities at Wagon Wheel Park, in an amount not to exceed $114,000.00. Staff Recommendation: As outlined above proved projects bonds for the ts was a small adjacent to the agreement with s Center on this tel Rollins, will of contract and ater design shall ~s to the project, w Drive. The ~,ssional Services of a maximum included several [ed for Contract and $4,000.00 his Professional ts. The Coppell ~e possibility of ;sociates for the ~-'ts and related STATE OF TEXAS § COUNTY OF DALLAS § AGREEMENT FOR PROFESSION3 This Agreemem ("AGREEMENT") is made by and between the Cit ("CITY") and Schrickel, Rollins and Associates ("SRA") acting by and thro representatives. RECITALS: WHEREAS, the CITY held a Bond Election in November, 1999, to. Coppell to vote to approve or deny the issuance of bonds, in part, for the CITY TENNIS CENTER at Wagon Wheel Park ("PROJECT"); and WHEREAS, the citizens of Coppell voted in favor of the issuanc. purpose; and WHEREAS, the CITY desires to begin the City Tennis Center at ~ - Phase IH and has selected SRA to perform professional services, withou' bid for such services, in accordance with the requirements in Chapter 252 Government Code; and WHEREAS, the CITY desires to engage the services of SRA, comractor and not as an employee, to perform the design and constmctior PROJECT on the terms and conditions provided in this AGREEMENT; an~ WHEREAS, SRA desires to render professional services for the Clq conditions provided in this AGREEMENT; NOW, THEREFORE, in exchange for the mutual covenants set fo valuable consideration, the sufficiency and receipt of which are hereby ackno agree as follows: A. TERM The term of this AGREEMENT shall begin on the date of its exec This AGREEMENT shall cominue until SRA completes the services satisfaction of the CITY, unless sooner terminated as provided herein. AGREEMENT FOR PROFESSIONAL SERVICES Page 1 SERVICES y of Coppell, Texas agh their authorized allow the citizens of developmem of the of bonds for said ragon Wheel Park :the requiremem to of the Texas Local as an independent documems for the Y on the terms and rth herein and other wledged, the parties ution by all parties. uired herein to the 42007 B. SCOPE OF PROJECT The scope of the PROJECT may include, but is not limited to, the fo 1. Utility services of potable water, sanitary sewer telephone/communiciations. 2. Drainage including surface drainage and subsurface storm sev 3. Earthwork including mass grading and fine grading (trash ren waste removal that may be associated with site preparation and earthwork is Professional Services). 4. A parking lot with vehicular entrance and service drives. 5. Sidewalks and other flatwork paving. 6. Design eight (8) tennis court complex with all bid documents (6) courts are in the base bid and two (2) additional courts as an elective upg A restroom and concession building that may be expanded developmem. 8. 9. 10. Landscape development of a perimeter irrigation system and Lighting including tennis court sports lighting, parking lots an A lightweight fabric shade shelter. C. SERVICES IN CONNECTION WITH THE PROJE~ SRA agrees to provide the following services: 1. Field Surveys: SRA shall arrange for and coordinate locations of boundaries and comers and to provide a detailed topographic s~ the site. 2. Geotechnical Services: A. SRA shall arrange for and provide a geotechnical investigati independem Geotechnical Engineer to serve as the basis for footings, tennis courts, building foundations and pavements in AGREEMENT FOR PROFESSIONAL SERVICES Page 2 lowing: electricity, 'er. lOVal and b~?ardous cxluded t~om Basic prepared so that six ~e or alternative. for later phases of ~'fgrass. pedestrian areas. :T Jrveys to confirm rvey of a portion of ,n and report by an design of structural the PROJECT. 42007 Co Design Development; SRA shall, upon the authorization of the City, prepare, for Design Developmem Documents consisting of drawings and fix and describe the size and character of the scope of the PR~ to site, architectural, structural, mechanical and electrical such other elemems as may be appropriate. Design 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 autho: with applicable codes, ordinances, and laws. SRA shall advise the CITY of any adjustments to the pre probable construction costs. SRA shall provide five (5) sets of blue-line drawings to the the Design Developmem Stage. (Costs of these drawings compensation for Basic Professional Services). Construction Documents: SRA shall, upon authorization by the CITY, prepare Construction Documents, for approval by the CITY, consis specifications setting forth in detail the requirements for PROJECT. Construction Documems Stage deliverables documents coordinated into a bidding package as follows: these reproducible sets of drawings are included in the con Professional Services.) 1. One (1) set of mylar reproducible Plan Sheets elevations, sections and details of construction; One (1) master set of PROJECT Manual comainin bidding documems such as bid proposal, standard between City and Comractor, conditions of the co specifications. AGREEMENT FOR PROFESSIONAL SERVICES Page 3 >proval by the City, other documents to 3JECT with regard terns, materials and )evelopment Stage lies for compliance [iminary opinion of EITY for review of are included in the a complete set of ing of drawing and construction of the 'ill include contract (Costs of providing 9ensation for Basic illustrating plans, : specifications and Form of agreement ~tract and technical 42OO7 Bo Co Eo SRA shall provide five (5) sets of blue-line drawings with PR~ the CITY for review before the final plans of the Constructi~ are completed. (Cost of these drawings and manuals a compensation for Basic Professional Services). SRA shall advise the City of any adjustments to previous prel probable construction cost indicated by changes in PROJE{ design. SRA shall assist the City with the City's responsibility fc required for the approval of governmental authorities having PROJECT. Plans and specifications will be prepared in conformam Department of Licensing and Regulation (TDLR). SRA will and transmit the construction documents to the TDLR for re with the Elimination of Architectural Barriers Program (It review and/or inspection fees shall be paid by the CITY). Opinions of Probable Construction Cost. Since SRA has no of labor, materials, equipment, or services furnished by bidder's/contractor's methods of determining prices, or over or market conditions, SRA's opinion of probable constmctic herein are to be made on the basis of SRA's experience an~ will represent SRA's best judgment as an experienced and q~ familiar with the construction industry; but SRA cannot and that construction proposals, bids, or actual construction costs the opinions of probable cost prepared by SRA. If prior to th CITY wishes greater assurance as to opinions of probable co: CITY shall employ an independent cost estimator. Bidding: SRA shall, upon authorization of the CITY, proceed with this SRA shall respond to questions from bidders during the bid( addenda as required. SRA shall assist the CITY in pre-bid conferences that may bidder's benefit. SRA shall assist the CITY in conducting the bid opening. SRA shall assist the CITY in investigating the bidders' qua staff in making recommendations with regard thereto. AGREEMENT FOR PROFESSIONAL SERVICES Page 4 )JECT Manuals to ~n Document Phase ,e included in the iminary opinions of requirements or r filing documents urisdiction over the :e with the Texas complete the forms view of compliance is understood that ontrol over the cost ~thers, or over the :ompetitive bidding n cost provided for qualifications and alified professional does not guarantee will not vary ~om e Bidding Stage the astruction costs, the stage. ling stage and issue e conducted for the ifications and assist 42007 Co SRA shall assist the CITY in preparation of the contract doc execution by the City and the contractor. Construction Observation/Construction Administration: SRA shall, upon authorization of the CITY, proceed with this SRA shall provide these construction observation/construe services on an "on call and as needed" basis: Up to thirty-eight (38) site observation jobsite visits ol day (or six hours - maximum) each. This number average of one visit per week over a construction peril nine consecutive calendar months. (2) Review of shop drawings, samples and other submitt~ of the contractor by the contract documents. (3) Site meetings, for a period of nine (9) months from proceed with construction, with the comractor and schedule keeping and progress of the works. (Rex request for payment from the contractor will be in meeting). (4) Observations at the conclusion of the PROJECT compiling punch lists for substantial completion ar acceptance. When needed or requested by the CITY, SRA and sub-coI visits to the jobsite for PROJECT observation. Such jol: consist of visual observation of materials, equipment, or const purpose of keeping abreast of work being done and ascerta~ the work is in substantial conformance with the contract doer design intent. A jobsite review by SRA and sub-consultant upon by the City or the contractor as an acceptance of the, construed to relieve the contractor in any way from In responsibilities under the construction contract. Specifi limitations, ajobsite review does not required SRA and sub-er responsibilities for the means and methods of construction, n jobsite. (1) The CITY shall provide qualified inspectors to perfor otherwise frequem) inspections of the contractor's wot AGREEMENT FOR PROFESSIONAL SERVICES Page 5 maents intended for stage. tion administration , one-haft of a man- is equivalent to an ~d of approximately ds that are required ne date of notice to ~'ity staff to review ew of the monthly [tiated at the same for the purpose of d final completion ~ultants may make site visits typically ruction work for the ng for the City that ahems and with the s will not be relied york, nor will it be is obligations and eally, but without .nsultants to assume or for safety on the detailed daily (or in progress. 42007 SRA shall endeavor to guard the CITY againgt deficieneie~ work of the contractor. Should SRA observe nonconforming or un~fe conditions or practices, SRA shall immediately representative that conforming or remedial action is required. D. LIMITATIONS AND EXCLUSIONS The following items are specifically excluded from services provk which are as follows: Excluded from the Basic Professional Services, unless otherv an Additional Professional Services in a future Agreemem, are securing of: A. environmental assessments; B. permitting processes and permits; C. zoning and platting services. Trash removal and hazardous waste removal that may be ass~ preparation and earthwork. E. CITY OBLIGATIONS 1. The CITY shall provide information regarding requirements including a program which will set forth the CITY's design objectives, eom including space requirements and relationships, flexibility, and expendability, systems and site requirements. The CITY will provide a budget for the PR£ revisions appropriate to the stages of Professional Services. 2. The CITY shall meet with SRA as required for the timely Professional Services. All meetings will take place within the City of Coppel SRA. 3. The CITY shall designate a single representative to act in its to the PROJECT, who will examine documents submitted by SRA and x~ decisions pertaining thereto to avoid unreasonable delay in the progress Services. 4. The CITY shall report promptly in writing to SRA any fa Professional Services or non-conformance with the provisions of this Agreen: AGREEMENT FOR PROFESSIONAL SERVICES Page 6 ~and defect in the or defective work, aform the CITY's ed in this contract 4se provided for as the coordination or .ciated with the site ~or the PROJECT, traints, and criteria, special equipment, tJECT, with timely completion of the or at the offices of behalf with respect · ill promptly render of the Professional Jlt or defect in the 42O07 5. The CITY shall provide SRA with CITY construction design details and specifications, and CITY review procedures, as may PROJECT. 6. The CITY shall provide prints or reproducible copies of information in its files to include: City plans, base maps, zoning m descriptions, plats, subdivisions and street plans, aerial photographs, topog locations, and the like as are related and significant to the Professional Servic. The size, type, location, elevation and depth of existing sa sewer and water lines that will service the PROJECT will CITY. 7. During the Construction Administration and Construction C the PROJECT, the CITY shall provide qualified inspectors to perforn~ otherwise frequent) inspections of the Contractor's Work in progress. F. COMPENSATION Compensation for the performance of Professional Services shall be CITY. All compensation provided for additional services in this Section sl Schedule of Charges for 2001 which is attached hereto and made a part here~ this Agreement. Compensation shall be based on combinations of the follox are defined below: A Stipulated Sum which is predetermined or is proportiona Budget. bo The Hourly Invoice method, whereby invoices are written fc rates of the personnel time and procedures that are necessar described services. Reimbursable Expenses are additional and are not included for Basic Professional Services. Reimbursable Expenses in~ the direct costs of printing additional review copies of the Co~ sets of bidding documents (plans and project manuals) not k Professional Services, and the review and inspection fees cb Department of Licensing and Review for the Elimination of A Program. Reimbursable Expenses include the charges o involved in Supplemental Services Related to Existing Co~ Site. Other Reimbursable Expenses may come due. However, Peg shall not include local transportation, long-distance comm~ computer-aided design and drafting equipment, nor the AGREEMENT FOR PROFESSIONAL SERVICES Page 7 andards to include required for this :her site conditions Ds, legal property raphic maps, utility ~itary sewer, storm be provided by the bservation stage of detailed daily. (or ~aid to SRA by the all be based on the f as Exhibit "A" to ring methods which to the PROJECT the hourly charge to accomplish the the compensation lude such things as tract Documents, or .eluded in the Basic arged by the Texas rchitectural Barriers [' service providers ditions of the Park nbursable Expenses ~nications, postage, costs of routine 420O7 reproductions incidental to the production of final or re~ Contract Documents. Basic .Professiona! Services of..Stalte. One: Desien ..De. velopm, Construction Doeumen, ts; ,and Stage. Thr~e. :. Bidding~ Compensation will be a sum proportional to the PROJECT Bm PROJECT Budget will be developed from opinions of probable constructk SRA during the Design Development Stage. Prior to beginning the Const Stage, the CITY will choose and authorize a PROJECT Budget for constm~ the design for the first phase of the PROJECT will be coordinated. Since the PROJECT Budget may change, a range of compensatim final basis of compensation will be increased or decreased proportionatel) PROJECT Budget that may be more than, less than or between these values: Project Budget Maximum Compensation Percentage Comp $1,000,000 $ 67,500 6.75 $1,125,000 $ 75,000 6.67 $1,250,000 $ 82,500 6.60°A $1,500,000 $ 97,500 6.50°A Bidding alternatives may be provided so that the CITY will know th of other items outside of the base bid, and may have the option to award a e, that includes additive or deductive alternatives of the CITY's choice; suei shall be included in determlnig the PROJECT budget in order to determine c 2. Final Basis of Compensation. The final basis of compensation paid to SRA for the first thr~ Professional Services will be a percemage of the PROJECT Budget that is order of priority) as: the sum of the base and all additive alternate bids provide{ general contractor) to whom a construction contract is awarde¢ in the evem that bids are received by the CITY but no con~ sum of the base and all additive alternate bids of the single lov (a general contractor); or in the evem that no bids are taken (or if alternates designed Documems stage are deleted t~om the bidding documems), it eurrem opinion of probable construction cost for PROJECT were designed for inclusion in the Construction Documents. AGREEMENT FOR PROFESSIONAL SERVICES Page 8 iew copies of the ~nt; Stage Two: lget amount. The ,n cost provided by ruction Documents :tion costs to which t is provided. The 'to the determined ~nsa,tion construction costs nstruction contract alternates, if any, ompensation. :e stages of Basic determined (in this by the bidder ( a by the CITY; or act is awarded, the test qualified bidder in the Construction Mil be SRA's most improvements that 42007 Illustrative E~,mples: (1) If the PROJECT Budget for construction costs authorized as $1,125,000.00, but is later determined as $1,00t "the final basis of compensation" paragraph (above), compens first three stages of Basic Professional Services will be rc $75,000.00 to the mount of $67,500.00. (2) If the PROJECT Budget for construction costs authorized as $1,125,000.00, but is later determined as $1,25~ ''the final basis of compensation" paragraph (above), compens first three stages of Basic Professional Services will be inc $75,000.00 to the amount of $82,500.00. 3. Basic professional Services. The allocation ofpaymems for the Basic Professional Services is as fc Stage One - Design Development Stage Two - Construction Documems Stage Three - Bidding 35% 60% 5% Total for these stages of Basic Professional Services 100% In the evem that the PROJECT is abandoned, SRA shall receive completion of the stage which is current under performance. Illustrative .Example Only: If compensation for the first th Basic Professional Services is the proportional sum of payment will be allocated as follows: Design Development (35%) Construction Documems (60%) Bidding (5%) $ 26,250 45,000 3,750 Total $ 75,000 F. ALTERNATE SERVICES Basic professional Services of Stage Fou,r Constructign Observation/Const,,ru,ctio. n Admin. i,s,t,ration -, ALTER, For the Basic Professional Services of Stage Four-Construction Obset Administration, the CITY will establish a contract allowance of $29,000.00. AGREEMENT FOR PROFESSIONAL SERVICES Page 9 is initially ),000.00 per ation for the duced from is initially ),000.00 per ation for the teased from [lows,' payment up to the :e stages of $75,000.00, NATE ration/Construction 42007 ho Compensation for these Professional Services will be invo invoice method. Services will be provided "on call and as ne or requested by the CITY. Field Surveys - a contract allowance of $6,000. Geotechnical Services - a comract allowance of $4,000.00 These comract allowances include the maximum anticipated required to complete the described scope of Professional Sep reflect the actual direct charges for time and materials, and the than the allowance. The allowance provided is for charges anl month construction period for a PROJECT with a PR1 $I,125,000.00 or less. Should Additional Services beyond the scope of Stage Four such services and additional compensation will be pro~ amendment to this Agreement. G. ADDITIONAL SERVICES 1. The following services are not included in this Agreement but CITY upon written authorized approval: Assistance by SRA to the CITY in the resolution of c disputes between the CITY and its contractor, or contract-re the CITY, are not a part of the scope of this proposal. Hov may be provided as Additional Services by separate agreemet provided for herein, to this Agreement. Services related to permitting, platting, re-platting, zoning, c by the CITY or required by other governmental authorities fo] the PROJECT, will be provided by the CITY, or provided agreement or amendment, as provided for herein, to this AgrE Co The CITY will print and issue construction documents to pm: administer the bidding stage of the PROJECT, or, SRA may of these services as Additional Services by separate agreeme! provided for herein, to this Agreement. H. TIME FOR COMPLETION Professional Services provided by SRA for the CITY shall be eomg with the following. For the purposes of this Agreement, a month is de AGREEMENT FOR PROFESSIONAL SERVICES Page I0 iced by the hourly eded" when needed :harges that may be 4ces. Invoices will ir totals may be less icipated over a nine )JECT Budget of ervices be required, 4ded by letter of are available to the >nstmction-contract ~ated claims against tever, such services it or amendment, as r rezoning required · the construction of ~y SRA by separate ~ment. ~pective bidders and perform some or all tt or amendment, as leted in accordance fiaed as thirty (30) 42007 calendar days and a week as seven (7) calendar days. If any of the following a CITY non-working day, then the submission will be due the following CIT Field S .urveys. and. Oeotechnical Services: These services within six (6) weeks of authorization to begin. Some of the accomplished concurrently with Design Development. Design Development: Design Development shall be compl weeks of authorization to begin, following substantial comp Supplemental Services. Construction Documents: Construction Documents shall b eight (8) weeks of authorization to begin, following con Development. 4. Time Periods: The time periods for completion of services are exclus be required for reviews, special meetings or delays cau State or other agencies having jurisdiction or interest bo If, through no fault of SRA, the first three stages ol Services have not been completed within ten (10) m4 this Agreement, the terms of this Agreement may be Co If, through no fault of SRA, the fourth stage of Services has not been completed within eighteen (18) of this Agreement, the terms of this Agreement may I. ENTIRE AGREEMENT This AGREEMENT constitutes the sole and only agreement supersedes any prior understandings or written or oral agreements betw respect to this subject matter. AGREEMENT FOR PROFESSIONAL SERVICES Page 11 submissions fall on Y working day. ~hall be completed se services may be eted within six (6) |etlon of the above completed within ~pletion of Design ~ve of time that may sed by the CITY or the PROJECT. Basic Professional ,nths of the date of 'enegotiated. Basic Professional months of the date e renegotiated. Df the parties and en the parties with 4~007 J. ASSIGNMENT Neither this AGREEMENT nor any duties or obligations under it ~ SRA withom the prior written consent of CITY. In the event of an assignme the CITY has consented, the assignee or the assignee's legal representative s with the CITY to personally assume, perform, and be bound by all the cot and agreements contained in this AGREEMENT. K. AMENDMENT This AGREEMENT may be mended by the mutual written agreem{ L. GOVERNING LAW The validity of this AGREEMENT and any of its terms or provis rights and duties of the parties, shall be governed by the laws of the State of] any action concerning this AGREEMENT shall be in Dallas County, Texas. M. NOTICE Any notice or other communication shall be in writing and shall be sent Registered or Certified Mail, Postage Prepaid, in the United States M; forth below, or to such other address as either of the parties shah advise the o 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 all be assignable by at by SRA to which mil agree in writing tenants, obligations, nt of thc parties. ions, as well as the 'exas; and venue for leemed given when ill, addressed as set ther in writing. 42007 N. LEGAL CONSTRUCTION 1. In the event any one or more of the provisions contained in ti shall for any reason be held to be invalid, illegal, or unenforceable in any resp illegality, or unenforceability shall not effect any other provisions and the A~ be construed as if such invalid, illegal, or unenforceable provision had neve this AGREEMENT. 2. It is understood and agreed that SRA, in satisfying the AGREEMENT, is acting independently and that the CITY assumes n tis AGREEMENT ect, such invalidity, ~REEMENT shall r been contained in conditions of this ~ responsibility or liabilities to any third party in connection with this AGREEMENT. SRA ~grees to indemnify and hold harmless the CITY, its officers, agents, and employees from any mtd 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, employe{s, invitees, or other persons for whom it is legally liable, with regard to the performance of this ~GREEMENT~ and SRA will, at its cost and expense, defend, pay on behalf of; and protect the CITY and its officers, agents, and employees against any and all such claims and demands. All services to be performed by SRA under this AGREEMENT shall be in its capacity contractor and not as an agent or employee of the CITY. SRA shall superv of its services and shah be entitled to control the manner and means by whic be performed, subject to compliance with this AGREEMENT and any speci or plans approved by the CITY. 3. It is understood that the general contractor and his subcont~ carry out and install the work set forth in the construction documents of pla~ prepared by SRA will be an independent contractor, responsible to the C execution and performance of matters required by those construction docume 4. SRA does not guarantee, nor is responsible for, the performar who has been employed by the CITY to perform and carry out the work. SR for delays, damages, defects, or other imperfections caused by the contr responsible for the contractor's superintendence, means, methods, sequence: construction. SRA is not responsible for the contractor's safety pre¢ obligations in connection with the work. O. CAPTIONS Thc captions used in this AGREEMENT are for convenience only any way the meaning or interpretations of the provisions set forth hcreirL P. COUNTERPARTS This AGREEMENT may be executed in any number of counterl: shall be deemed an original and constitute one and the same instrument. AGREEMENT FOR PROFESSIONAL SERVICES Page 13 as an independent [se the performance h its services are to fications, schedules actors employed to s and specifications [TY for the proper ats. .ce of the contractor A is not responsible ~ctor. SRA is not ~, and techniques of autions and safety td shall not affect in arts, each of which 42007 Q. TERMINATION This AGREEMENT shall continue ~mtil termination by either party calendar days prior written notice to the other party. EXECUTED this day of ~ 2001. ~y giving thirty (30) ATTEST: By: LIBBY BALL, City Secretary APPROVED AS TO FORM: By: ROBERT HAGER, City Attorney EXECUTED this day of AGREEMENT FOR PROFESSIONAL SERVICES Page 14 CITY OF COPPELL, TEXAS JIM WITT, City Manager .... ,2001. SCHRICKEL, ROLLINS & Al TERRY T. CHEEK, Vi¢~ ~SOCIATES, INC. President 42007 EXHIBIT "A" F COPPEL£ AGENDA REQUEBT FORM CITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider approval of awarding Bid/Contract #Q-0601-01 for the construction portion of Freeport Parkway Project No. ST00-01 to Infrastructures Servic~ $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 21st the City of Coppell received and opened bids for the construction project begins at the current dead-end of Creek-view Drive, approximately 800 fei continues to the intersection of the newly constructed Freeport Parkway. Also, we 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 bidders were below the estimated cost for this project of approximately 1.3 millio~ from $1,040,8 ! 1.47 to $1,406,152.00. I have included the bid tabulation for the fo~ bidder on the project is a company that I am unfamiliar with. They apparently ha Houston area; however, they are just trying to break into this area. The consultar Rollins and Associates has checked references on the low bidder and is recomn project to Infrastructures Services, Inc. in the amount of $1,040,811.47. Staff col recommendation. Therefore, staff recommends that Council award the bid for the construction portion of Freeport Parkway in the amount of $1,040,811.47 to Infrastructures available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +k-BI] FINANCIAL COMMENTS: Funds for this project are available in the 2000 GO Street CIP. DIR. INITIALS: /~1 Agenda Request Form - Revised 5/00 FIN. REVIEW:C~ CITY MANAGER Document Name: #engl ,f Creekview Drive and a s, Inc. in an amount of of Creeloriew Drive. This ;t east of Royal Lane, and will be extending Freeport project. Ten of the twelve a dollars. The bids ranged ;r lowest bidders. The low vea strong presence in the on the project, Schrickel, :nding that we award the xcurs with the consultant's ,f Creek-view Drive and a ;ervices, Inc. Staff will be REVIE Schrickel, Rollins and Associates, Inc. Consultents in Landscape Architecture * En§ineerin§ - Plannrn$ PAGE 02 August 30, 2001 Mr. Ken Griffin, P.E. Assistant City Manager City Engineer City of Coppell 255 Parkway Boulevard Coppell, TX 75019 Creekview Drive and Freeport Parkway (Project No. ST 00-01) Dear Ken: Victor W? Baxter, ASLA Kent E. Besiey, ~.SLA Joseph E. 8rodle~, PE Terr~ T. Cheek. ASLA 'rer~ E. Cullender Oin~ ~. Ferralli, PE Darnel 8. Hartma¢, PE D~lb~rt W. Hirsf, Sanford P. LaHue, jr., P( Hersh~l R. Undly. David K. McCaskiil, ASLA R~b~d M. Otey. PE Albert W. Rotlins, PE Christian 5chnitser. PE Gene Schrickel, FASLA Suzanne C Sweek A~LA Bids were opened for the referenced project on August 2 l; 2001 at 2:001: review is a tabulation of bids. Arithmetic errors have been corrected an, tabulation form. The low bidder is Infrastructure Services, Inc. in the amc The contractor appears to have experience with this type of project and obi ection 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,CHRICKEL, ROLLINS AND ASSOCIATES, INC. aniel~p/~legate,E.I.I. DA/d~412 6 Attachments .m. Enclosed for your are noted on the bid mt ors 1,040,811.40. therefore we have no I ;5: Corpo,ate Drive West · Suite 200 · Arlinston, Texas 76,':06 · iS? ?} 6-~9-3216,'Melro (827) 640-$,]12' FAX (817) 64~-'643 08/30/2001 14:55 8176497545 SCHRICKEL ROLLINS O! 02: lop In?rastruotuee Servioes 9?2-303 TXDOT -SOUTH HARRIS-- MAUR~EN WAKELAND, P.E. 702 FM 1959 I4OUSTON, TX. 281-464-5500 IH 610 SOUTH LOOP INTERSECTION RECONSTRUCTION $ 1,759,260.00 SUBSTANTIAL COM3PLE'I'E 7/01 TXDOT - CENTRAL HOUSTON CLIFFORD I-La~LVORSEN, P.E. 713-802-5326 vovaotys 'rXDOT PROJECTS - GENERAL MAINTENANCE +/- $ 5,000,000.00 METRO TRANBIT AUTHORITY OARY HODGES, P.E. 1201 LOUISLANA ST. HOUSTON, TX. 77002 713-655-1146 X 106 L.&MAR RECONSTRUCTION $ 2,212,000.00 COMPLETION CITY OF MISSOURI CITY SHARON VALLANTE 1522 TX PARKWAY 1vffSSOUILt CITY, TX. 281-261-4338 GESSNER PO. RECONSTRUCTION $ 278,000.00 COMPLET TXDOT CI.IFFOILD HALVORSEN, P.E. 713-802-5t 20 FULL DEPTH CONCRETE REPAIR, SIGN UPGRADE $ 2,168,000.00 CITY OF MESQ CITE ALLEY ILECONSTRUCTION COMPLETION GENERAL TXDOT REFERENCES * N. FLaA~.IS T,XI)OT AREA 21 DOUG STEPI-IRD, P.E, * BRAZORIA TXDOT AREA LARRY [-;ECKATHORN, -8054 )ATE I0~1 DN DATE 9/00 DATE 8/96 ; 1-319-6400 79-866-8500 .[~. 83 p.~ ~ . 0 ~ . O~ '1' H z:' . C~ I T Y 0 Ir C-OPi ELL AGENDA REQUEST FORM ITY COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Consider request by Telecommunications Board member to waive the Board atte SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT EST $ +\-B DIR. INITIALS: Agenda Request Form - Revised 5/00 CITY MANAGI Document Name: %bi ITEM adance policy. [DS 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 oOme Phone: 972/745-7638 bile Phone: 214-733-9581 E~mail: BABlacklC~aol.com September 4, 2001 TeIecommunicaffons Board At~ In reply to your letter dated August 31, 2001, I would' like to continue as a~me~ Coppell's Telecommunications Board. As you stated~ Ihave spent many hours giving my time and service to the~ co.m. As you probably know, I bring a unique aspect to this board through my publi, working with Mgh technology c~-ents. I constantlY stress the importanc9 of edt community about the cutting edge technology offered by the City of Coppell. increas'mg the awareness of tiffs board'~ accomph~diments, how that im!2acts o that our ideas and implementations make Copper a more desirable communk]. YOU can ask any other member ofthe board andthey w~tell you that I active each meeting, adding to and raising specific questions and issues that are then The reason Ihave missedthe f01Iowing meetings are as follows: · November 21, 2000 - This was Thanksgiving week. Because CISD was o a family vacatibn. At the October meeting, I questi0nedholdihg ~ meet prior to Thanksgiving and let the board know that I would not be attendin · March 20, 2001 - Assoc'mted with my job, I attended'CellularTelephony Association (CTIA) trade show in Las Vegas for my client to coordinate interviews. When I received the e-mail notibe of the meeting, I sent an ~- that I was out of town on business. · April- 17; 2001 - NO~Y; an e-maffnotice i-s sent out on the F~ida. y meeting announcing the meeting and sending the minutes ~om the prev~o revieW. This was the first time, I believe, t/mt no notfce was sent. Alt~ou.8. meet on the third Tuesday of each month, our meeting has been changed ~ accommodate schedule conflicts. Idid reallze the day follbwing the ~neeti received a notice and I sent an e-mail asking if we had indeed met. Since received notice on the Friday prior to the. Tuesday meefmg. · May 15, 2001 - Associated with my job, I attended CTIA's Wireless Age herein Dallas with my client, having coordinated several'mexh~a intei~ie~ o-mail reply to the notice that because ofWork, I would not be able to att~ 2001 :ndance tber of the City of mittee since 1998. ~ relations career ~cafing the also encourage x city and ways ~ in which to live. ly participate at addressed. a holiday, we took ng the Tuesday ,~. Interact nd mediate media ~ail reply saying prior to each as meeting for our h we DO normally n the past to ng that I had NOT ~hat time, I have nda conference Again, I sent an ad the meeting. I understand and appreciate the attendance policy associated with the City of and' commissfons, but as you can see, aHbut one absence were unavoidable notification that we had previously received. In all cases, I communicated ei~ shortly after the meeting, showing respons~ility andint~rest in the board. I would appreciate the Council allowing me to continue serving on the Telec~ Board~ I'would-be happy to meet with you and~others to fi~er discuss this Sincerely, Beth Ann Black Coppell's board ad that one lacked ler prior to or ~mmunications ~sue. '!' H E: · C I T Y 0 F' C-OP?EL£ AGENDA REQUEST FORM ~ ~-~'"s-,~'~. ~, q CITY COUNCIL MEETING: September 11,2001 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: ~x~' AMT EST $ +X-BI DIR. INITIALS: FIN. KEVIEW:t~ Agenda Request Form - Revised 5/00 CITY MANAGE] Document Name: %b& ITEM DS tppt. doc AGENDA REQUEST lx THE FOLLOWING VACANCIES ARE AVAIL 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 COMMITTEE 3 Citizens (2-year term of office) rARRATZV ,ABLE: KEEP COPPELL BEAUTIFUL 4 Citizens (2-year term of office) _IBRARY BOARD 5 Citizens (2-year term of office) PARKS AND RECREATION BOARD 5 Citizens (2-year term of office) ~LANNING AND ZONING COMMISSION 4 Citizens (2-year term of office) PECIAL COUNSEL Citizen Attorneys to serve 1-year term of office r'ELECOM BOARD 4 Citizens (2-year term of office) 2 Citizen (1-year term of office) T H E: C I T Y O F AGENDA REQUEST FORM COUNCIL MEETING: September 11, 2001 ITEM CAPTION: Selection of an official City of Coppell representative t~ Excellence for the 21st Century. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS: AMT. EST. $ +\-BID DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER Document Name: !TX21 ITEM # ~ TEX-21, Transportation ~' COPP-ELE ^O~ND^ REQUEST FORM CITY CO~C~ ~ET~G: ~pte~ 11, 2001 ITEM ~ CITY MANAGER'S REPOI~ North Texas Commission Annual Dinner. Methodist Church - Heartz Road Parking. CITY MANAGER'S REVIEW: .T COUNCIL MEETING: September 11, 2001 MAYOR AND COUNCIL REP( C. D. E. F. Report by Mayor Sheehan regarding meeting with Texas Wa: Report by Mayor Sheehan regarding update of Coppell Corporation. Report by Mayor Sheehan regarding Grape Stompfest. Report by Councilmember Peters regarding Coppell Hi Parade on September 27th. Report by Councilmember Peters regarding Senior Adu Tournament on October Ist. Report by Councilmember Raines regarding Trinity Trails. CITY MANAGER'S REVIEW: ITEM # ~~ )RTS ;te Management. Education Development Eh School Homecoming It Services Annual Golf