CP 2001-12-11 NOTICE OF CITY COUNCIL MEETING AND AGENDA
DECEMBER 11, 2001
CANDY SHEEHAN, BILL YORK, Place 7
Mayor Mayor Pro Tern
GREG GARCIA, Place i MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DOUG STOVER, Place 5
DIANA RAINES, Place 3 DAVE HERRING, Place 6
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Work Session Immediately Following ist FI. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, December 11, 2001, at 5:30 p.m. for Work
Session, and Regular Session will begin at 7:00 p.m., to be held at Town Center,
255 Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2)of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Presentation regarding Electronic Agenda.
B. Discussion regarding the Solicitor & Peddler Ordinance.
F~.O¢,~; C. Update on Mobile Vending.
D. Update on City Road Construction Projects.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
3. I nvocati on.
4. Pledge of Allegiance.
5. PROCLAMATIONS:
A. Consider approval of a Proclamation congratulating Philip David
Bobo, Richard Edmund Bobo, David Dance, and Brett Titensor for
c~ ~,~ achieving the rank of Eagle Scout, and authorizing the Mayor to sign.
.~ ~,.~5 B. Consider approval of a proclamation naming January 2002 as School
Board Recognition Month, and authorizing the Mayor to sign.
I ~.~- 6. Report by Library Board.
I ¢,~c.. 7. Citizen's Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
c~) ~,-.~,5 A. Consider approval of minutes: November 13, 2001.
B. Consider approval of proposed Change Order Number One to the
~,~ ~'"-~5~ Texas Unified Constructors Contract for the Construction of the
Service Center, in the amount of $42,561.00, and authorizing the
City Manager to sign.
c.Co. i er ..rov l Bi Co.tr ct #Q-0Z0Z-0
Io~
FY2001/02 Sidewalk Replacement Program to Quantum Contracting
Inc. in an amount not to exceed $120,000 as budgeted.
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ITEM # ITEM DESCRIPTION
Land Use and Development
D. Consider approval of an Ordinance for Case No. S-1194, Frost Bites,
zoning change request from PD-178R (Planned Development-178R)
to PD-178R-S.U.P-1194 (PD178R, Special Use Permit-Il94), to allow
the operation of an Italian ice cream shop to be located in the Town
Center West Retail Center at 171 N. Denton Tap Road, and
authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-194, AmberPoint
Business Park, zoning change request from LI (Light Industrial) to
J /.~ ~c~c.,,~ PD-194-Li (Planned Development-194, Light Industrial) to allow for
an office/warehouse business park on approximately 110 acres of
property located along the south side of Sandy Lake Road; between
Royal Lane and State Road, and authorizing the Mayor to sign.
END OF CONSENT
9. Consider approval of a Resolution entering into a Tax Abatement
I (D ~.~)~5 Agreement between the City of Coppell and KPT, Inc., and authorizing the
Mayor to sign.
10. Consider approval of a Resolution amending and restating the Tax
Abatement Agreement between the City of Coppell and Desert Coppell LLC
dated December 8, 1998, and authorizing the Mayor to sign.
11. PUBLIC HEARING:
Consider approval of Case No. S-1193, Grandy's Restaurant, zoning change
request from C (Commercial) to C-S.U.P.-1193 (Commercial, Special Use
~.2 ~c~.~ Permit-Il93), to allow the operation of an approximately 3,000 square-foot
restaurant on 1.39 acres of property located at the northwest corner of
Denton Tap Road and Fitness Court (North Texas Court).
12. Consider approval of the Grandy's Addition, Lot 1, Block 1, Minor Plat, to
~L j~o~S allow the development of an approximately 3,000 square-foot restaurant on
1.39 acres of property located at the northwest corner of Denton Tap Road
and Fitness Court (North Texas Court).
13. PUBLIC HEARING:
Consider approval of Case No. S-1196, Chili's Restaurant, zoning change
~°A,.~5 request from TC (Town Center) to TC-S.U.P..1196 (Town Center, Special Use
Permit-il96), to allow the operation of an approximately 3,700 square-foot
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ITEM # ITEM DESCRIPTION
restaurant with private club to be located in the retail center under
construction at 130 N. Denton Tap Road, approximately 160 feet south of
Town Center Drive.
14. PUBLIC HEARING:
Consider approval of Case No. PD-133-HC-R3, Community Credit Union,
zoning change request from PD.133-HC (Planned Development-133,
~2~-~ Highway Commercial) to PD-133-HC-R3 (Planned Development-133-
Highway Commercial, Revision 3) to allow the development of an
approximately 6,000 square-foot financial institution on approximately one-
and-a-half acres of property located at the southwest corner of S.H. 121
and Denton Tap. Road.
15. Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Site
Plan, to allow the development of an approximately 10,100 square-foot
(~ (~,~_,~ retail building on approximately one-and-a-half acres of property located at
the southeast corner of S.H. 121 and Denton Tap Road, at the request of
Enoch, Inc.
16. Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Minor
Plat, to allow the development of an approximately 10,100 square-foot
<~4 retail building on approximately one-and-a-half acres of property located at
the southeast corner of S.H. 121 and Denton Tap Road.
17. Consider approval of bid number Q-1001-02 for the expansion of the
~o~--~ parking lot at MacArthur Park, in the amount not to exceed $249,173.00,
and authorizing the City Manager to sign.
18. Consider approval of awarding Bid/Contract #Q.0901-04 for the
c~_~,~,.1,~_~construction of the Meadowcreek Drainage Project to R-Con, Inc. in the
amount of $129,782.00 as funded in the 1999 Capital Improvement
Program; and authorizing the City Manager to sign.
19. Consider approval of a Resolution opposing any action by the Texas
Transportation Commission (TTC) to eliminate frontage roads from
/~,,)¢.$ roadway projects being planned and requesting action by the TTC to retain
current cost participation guidelines for addition of frontage roads to
existing roadways, and authorizing the Mayor to sign.
20. Necessary action resulting from Work Session.
21. City Manager's Report.
A. SB-1074 - Racial Profiling.
h7~),~,~,> B. Coppell Education Development Corporation Update.
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ITEM # ITEM DESCRIPTION
22. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Heroes Live Forever Basketball
I ~¢' ~ ~-' Game.
B. Report by Councilmember Raines regarding National League of
Cities.
C. Report by Councilmember York regarding Texas Municipal League.
D. Report by Councilmember York regarding the Holiday Season.
E. Report by Councilmember Peters regarding North Texas Commission
meeting concerning Airport Security.
F. Report by Councilmember Peters regarding Coppell Economic
Development Corporation Meeting.
G. Report b~ Councilmember Peters regarding North Texas Charities.
23. Necessary Action Resulting from Executive Session.
Adjournment.
Candy Sheehan, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this day of ,
2001, at
Libby Ball, City Secretary
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S
WEBSITE (www. ci.coppell.tx, us) UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990.. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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~-~~-'~I~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11,2001 ITEM # ~
WORK SESSION
A. Presentation regarding Electronic Agenda.
B. Discussion regarding the Solicitor & Peddler Ordinance.
C. Update on Mobile Vending.
D. Update on City Road Construction Projects.
E. Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
Fax Cover Sheet From
Larry L. Lloyd
300 Woodhurst Place
Coppell, TX 75019-3346
Voice: 972.471.0077
Fax: 972.393.2119
(Call voice line before faxing.)
E-Mail: Larry@Lloyd 1 .Com
Please deliver to: Jim Wilt
This fax consists of: 3 paGe(s), Including this cover page.
If there are problems with this fax, please call (972) 471-0077.
NOTES:
Mr Wilt, this is the fax that the Mayor called you about.
Thankyou.
~ >' ~-"'-,'~ ~; x'-P_-I pFiol-I I~J..~'e-1
March 5, 1999
Dear Mayor Sheehan and Council members Garcia, Keenan, Peters, Stover,
Tunnell, Wheeler and York,
My name is Larry Lloyd and I live at 300 Woodhurst Place in Coppell. I
apologize for sending this to your homes, but I wanted to be sure it got to
ali of you personally rather than sending eight identical letters - all to
the same P.O. box.
Off and on for a number of years I have had the Coppell Gazette thrown in
my yard. I don't read this paper and I simply end up throwing it in the
recycle bin. I have called the offices of the paper dozens of times over the
years (yes - this has been going on for years) and asked them to stop
throwing the paper.
Sometimes they honor my request for a week or two, but then they always
begin again.
My reason for not wanting the paper is the fact that I spend a fair amount
of time traveling and since I live alone, papers pile up in my yard - which
as everyone knows is an open invitation to burglars that no one is home.
Since D/FW Community Newspapers (the owners of the Coppell Gazette)
won't consistently honor my repeated requests to stop deliveries, I'm
turning to all of you for help.
Would you consider a new ordinance (or perhaps an amendment to section
97-794 - the "Solicitors & Peddlers" section) that would also control
things like newspapers thrown on lawns without the homeowner
requesting it.
Or possibly make it an opt-out sitUation where it is okay to throw the
paper unless and until the homeowner requests that it be stopped. But if
the homeowner does ask - and the paper doesn't stop - then the newspaper
would be in violation of the ordinance. The opt-out situation would
certainly be more beneficial to the newspapers and more work for the
homeowners however.
I have spoken with Linda Forman at City Hall and she tells me that putting
up a "No Soliciting" sign (as mentioned in 97-794) will stop the
attachment of flyers and advertisements to my door, but it would not have
any effect on the newspaper. Perhaps that's because it's on my lawn as
opposed to on my house - which in my opinion is a silly distinction.
lVly home is my home and as far as I'm concerned, I feel I should have as
much right to control what happens on my property as I do on my house
itself, but apparently I need your help to regain this control
Thank you for your time and consideration of this matter and if any of you
would like to talk to me about this, I would be glad to discuss it further
with you.
Best Regards,
Larry L. Lloyd
300 Woodhurst Place
Coppell, TX 75019-3346
972.471.0077
Email: Larry@Lloyd1 .Com
F
COPPEL£ AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11 2001 ITEM #
ITEM CAPTION: Consider approval of a Proclamation congratulating Philip David Bobo, Richard
Edmund Bobo, David Dance, and Brett Titensor for achieving the rank of Eagle Scout, and authorizing the
Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +K-BID $
FINANCIAL COMMENTS:~N~'
DIR. INITIALS: FIN. REVIEW.~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: !Scouts
PROCLAMATION
WHEREAS, Eagle Scout is the highest rank a Boy Scout may achieve and it
requires hard work and lengthy preparation; and
WHEREAS, Merit badges had to be earned and a service project conceived,
planned, managed, and completed in order to achieve the rank of Eagle Scout; and
WHEREAS, Philip David Bobo, Richard Edmund Bobo, David Dance, and
Brett Titensor of Boy Scout Troop 8888 have fulfilled the requirements and passed
the Board of Review to become an Eagle Scouts; and
WHEREAS, the image of Coppell is positively advanced through the success
and achievements of these young men, who have exhibited initiative, dedication,
and perseverance; and
WHEREAS, the City Council wishes to commend Philip David Bobo,
Richard Edmund Bobo, David Dance, and Brett Titensor for achieving the rank of
Eagle Scout, and recognize them as solid citizens and future leaders of tomorrow.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do
hereby congratulate Philip, Richard, David and Brett for achieving the rank of Eagle
Scout.
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this day of December 2001.
Candy Sheehan, Mayor
ATTEST:
Libby Ball, City Secretary
I:'
C-OPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11,2001 ITEM #
ITEM CAPTION: Consider approval of a proclamation naming January 2002 as SCHOOL BOARD
RECOGNITION MONTH, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $ AMT. EST. $ +k-BID
FINANCIAL COMMENTS :~N~
DIR. INITIALS: FIN. REVIEt3/~ CITY MANAGER REVIEW:X~y
Agenda Request Form - Revised 5/00 Document Name: !Schoolbd
PROCLAMATION
WHEREAS, the mission of the public schools is to meet the diverse
educational needs of all children and to empower them to become competent,
productive contributors to a democratic society and an every-changing world; and
WHEREAS, lo~al school board members are committed to children and
believe that all children can be successful learners and that the best education is
tailored to the individual needs of the child; and
WHEREAS, local school board members work closely with parents,
educational professionals, and other community members to create the educational
vision we want for our students; and
WHEREAS, local school board members are responsible for ensuring the
structure that provides a solid foundation for our school system; and
WHEREAS, local school board members are strong advocates for public
education and are responsible for communicating the needs of the school district to
the public and the public's expectations to the district.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do
hereby declare my appreciation to the members of the Coppell Independent School
Board, the Carrollton-Farmers Branch Independent School Board, and the
Lewisville Independent School Board, and proclaim the month of January 2002 as
"SCHOOL BOARD RECOGNITION MONTH"
and urge all citizens to join me in recognizing the dedication and hard work of
local school board members and in working with them to mold an education
system that meets the needs of both today's and tomorrow's children.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City
of Coppell to be affLxed this __ day of December 2001.
Candy Sheehan, Mayor
ATTEST:
Libby Ball, City Secretary
T H ir C I T Y 0 F
COPPEL£ AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11, 2001 ITEM # ~
ITEM CAPTION:
Report by Library Board.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID
FINANCIAL COMMENTS: ~
DIR. INITIALS: FIN. REVIEV~ CITY MANAGER
Agenda Request Form - Revised 5/00 Document Name: % bdrpt, doc
CITY COUNCIL MEETING: December 11,2001 ITEM
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES
FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the
following new Article 1-10:
ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public heating on the agenda,
must sign a register and list their residence address, provided by the City Secretary on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence.
Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each.
An individual speaker's time may be extended for an additional two (2) minutes with the approval of a
majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes
allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens
Appearance" shall be called upon in the order that they have signed the provided register. No personal
attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or
corporatiOnciTY MANAGER, s(Charter ArticleREviEw:3, Section__ 3.12~).
COPPEi;£ AGENDA REQUEST FOra
C~Y CO~C~ ~ET~G: Decem~r 11, 2001 ITEM
ITEM CAPTION:
Consider approval of minutes: November 13,2001.
SUBMITTED BY'. Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST $ +X-BID $
FINANCIAL COMMENTS: }1'~'
DIR. INITIALS: FIN. REVIEV~ CITY MANAGER RE
Agenda Request Form - Revised 5/00 Document Name: %minutes
MINUTES OF NOVEMBER 13, 2001
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, November 13, 2001, at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Candy Sheehan, Mayor
Greg Garcia, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Doug Stover, Councilmember
Dave Herring, Councilmember
Mayor Pro Tem York was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager.
REGULAR SESSION (Open to the Public}
1. Call to order.
Mayor Sheehan called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Consult with Darrell Noga regardinE License
AEreement.
Mayor Sheehan convened into Executive Session at 5:45 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
5:54 p.m. and opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding selection of Retail Electrical
Provider and update regarding Registration of Electrical
Providers.
B. Update regarding Council Goals.
C. Update regarding City Entrance Monuments.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
Mr. Ray Colver led those present in the Invocation.
5. Pledge of Allegiance (Partners in Education).
Angle Cox's fourth grade class from Town Center Elementary School and Mayor
Sheehan led those present in the Pledge of Allegiance.
6. Consider approval of a proclamation naming the month of
December as COPPELL lSD EDUCATION FOUNDATION MONTH,
and authorizing the Mayor to sign.
Presentation:
Mayor Sheehan read the Proclamation for the record and presented the
same to Lynn Brock and Ed Thomas.
Action:
Councilmember Stover moved to approve a proclamation naming the
month of December as Coppell lSD Education Foundation Month, and
authorizing the Mayor to sign. Councilmember Peters seconded the
motion; the motion carried 6-0 with Councilmembers Garcia, Peters,
Raines, Tunnell, Stover and Herring voting in favor of the motion.
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7. Citizen's Appearances.
A. Michael Greenia, 132 Spyglass Drive, and representing the Lakes of
Coppell Owner's Association, expressed his concerns regarding vinyl
fences.
B. Richard Wong, 619 St. Andrews Place, spoke in favor of vinyl fences.
C. Mike Watson, fence contractor, addressed council about notice to
contractors of the city's requirements.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 9~ 2001
October 23, 2001.
Land Use and Development
B. Consider approval of an ordinance to amend Ordinance
No. 90489 the Coppell Thoroughfare Plan Article 15-9 of
the Code of Ordinance to designate Bethel Road from
Royal Lane to the west city limits as a four-lane divided
boulevard {C4D}; and authorizing the Mayor to sign.
C. Consider approval of a development agreement between
Amberpolnt at Coppell, L.L.C. and the City of Coppell to
allow for the dedication of right-of-way necessary for
Sandy Lake Road, State Road~ and the construction of
Northpoint Drive in consideration of a 100% credit
against future impact fees on the Amberpoint Business
Development; and authorizing the Mayor to sign.
D. Consider approval of a license agreement between the
City of Coppell and David J. and Diana R. Fischer to allow
for the continued use of a portion of a sanitary sewer
easement located at 1002 Forestwood Lane; and
authorizing the Mayor to sign.
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E. Consider approval of an Ordinance for Case No. PD-
186R2, Duke-Freeport, zoning change from PD-186R
(Planned Development- 186 Revised} to PD-186R2
(Planned Development-186R2) to ~llow for additional
monument signage, to decrease the required parking on
Lot 1, and to incorporate the tree mitigation/landscaping
plan on approximately 140 acres of property located
along the west side of Coppell Road, between Ruby and
Bethel Roads, and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1192,
Pizza Inn, zoning change from C (Commercial) to C-S.U.P
(Commercial, Special Use Permit-Il92), to allow the
operation of an approximately 1,060 square-foot take-
out/delivery restaurant located in the Coppell Crossing
Shopping Center, Lot 5, at 751 MacArthur Blvd., and
authorizing the Mayor to sign.
Action:
Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B
carrying Ordinance No. 2001-970, C, D, E carrying Ordinance
91500-A-307 and F carrying Ordinance No. 91500-A-308.
Councilmember Raines seconded the motion; the motion carried 6-0 with
Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring
voting in favor of the motion.
9. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is that property owned by
Texas Dugan, L.P., described as Freeport North Addition, Block
A, Lot 2 (17.824 acres) and located on S. Royal Lane and south
of Creekview Drive, Coppell, Texas.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
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Page 4 of 19
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve:
Item 9:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is that property owned by
Texas Dugan, L.P., described as Freeport North Addition, Block A, Lot 2
(17.824 acres) and located on S. Royal Lane and south of Creekview
Drive, Coppell, Texas;
Item 10:
Ordinance No. 2001-971 designating the Texas Dugan, L.P.
Reinvestment Zone No. 33, and authorizing the Mayor to sign; and
Item 11:
Resolution No. 2001-1113.1 approving a Tax Abatement Agreement
between the City of Coppell and Texas Dugan, L.P., and authorizing the
Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 6-0 with
Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring
voting in favor of the motion.
10. Consider approval of an Ordinance designating the Texas
Dugan, L.P. Reinvestment Zone No. 33, and authorizing the
Major to sign.
This item was considered under Item 9. See Item 9 for minutes.
11. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Texas Dugan, L.P.,
and authorizing the Mayor to sign.
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Page 5 of 19
This item was considered under Item 9. See Item 9 for minutes.
12. PUBLIC HEARING:
Consider approval of the designation of a relnvestment zone
pursuant to Section 31~..201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is that property owned by
Texas Dugan, L.P., described as Duke Freeport Addition, Block
A, Lot 4 (26.659 acres) and located between Coppell Road and
Freeport Parkway Extension, north of Bethel Road, Coppell,
Texas.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve:
Item 12:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is that property owned by
Texas Dugan, L.P., described as Duke Freeport Addition, Block A, Lot 4
(26.659 acres) and located between Coppell Road and Freeport Parkway
Extension, north of Bethel Road, Coppell, Texas;
Item 13:
Ordinance No. 2001-972 designating the Texas Dugan, L.P.
Reinvestment Zone No. 36, and authorizing the Mayor to sign; and
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Page 6 of 19
Item 14:
Resolution No. 2001-1113.2 approving a Tax Abatement Agreement
between the City of Coppell and Texas Dugan, L.P., and authorizing the
Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 6-0 with
Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring
voting in favor of the motion.
13. Consider approval of an Ordinance designating the Texas
Dugan~ L.P. Retnvestment Zone No. 36, and authorizing the
Mayor to sign.
This item was considered under Item 12. See Item 12 for minutes.
14. Consider approval of a Resolution approving a Tax Abatement
A~reement between the City of Coppell and Texas Dugan~ L.P.,
and authorizing the Mayor to sign.
This item was considered under Item 12. See Item 12 for minutes.
15. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 31o-.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone Designation is that property owned by
Centex Commercial Development Corporation, Centex Homes,
CTX Mortgage and Commerce Land Title, described as Vista
Ridge Addition, Block G, Part of Lot 3 (7.01 acres} and located
at the southwest corner of S.H. 121 and MacArthur Boulevard,
Coppell~ Texas.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
CMlll301
Page 7 of 19
Action:
Councilmember Tunnell moved to close the Public Hearing and approve:
Item 15:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone Designation is that property owned by
Centex Commercial Development Corporation, Centex Homes, CTX
Mortgage and Commerce Land Title, described as Vista Ridge Addition,
Block G, Part of Lot 3 (7.01 acres) and located at the southwest comer of
S.H. 121 and MacArthur Boulevard, Coppell, Texas;
Item
Ordinance No. 2001-973 designating the Centex Commercial
Development Corporation, Centex Homes, CTX Mortgage and Commerce
Land Title Reinvestment Zone No. 37, and authorizing the Mayor to sign;
and
Item 17:
Resolution No. 2001-1113.3 approving a Tax Abatement Agreement
between the City of Coppell and Centex Commercial Development
Corporation, Centex Homes, CTX Mortgage and Commerce Land Title,
and authorizing the Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 6-0 with
Councilmembers Garcia, Peters, Ralnes, Tunnell, Stover and Herring
voting in favor of the motion.
16. Consider approval of an Ordinance designating the Centex
Commercial Development Corporation, Centex Homes, CTX
Mortgage~ and Commerce Land Title as Reinvestment Zone No.
37, and authorizing the Mayor to sign.
This item was considered under Item 15. See Item 15 for minutes.
17. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Centex
Commercial Development Corporation, Centex Homes, CTX
CMIll301
Page 8 of 19
Mortgage and Commerce Land Title, and authorizing the Mayor
to sign.
This item was considered under Item 15. See Item 15 for minutes.
18. PUBLIC HEARING:
Consider approval of Case No. S-1194, Frost Bites, zoning
change request from PD-178R (Planned Development-178R) to
PD-178R-S.U.P-1194 (PD178R, Special Use Permit-Il94), to
allow the operation of an Italian ice cream shop to be located
in the Town Center West Retail Center at 171 N. Denton Tap
Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
John Plohetski, Applicant, addressed questions of Council.
PubLic Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1194, Frost Bites, zoning change request from PD-178R
(Planned Development-178R) to PD-178R-S.U.P-1194 (PD178R, Special
Use Permit-1194}, to allow the operation of an Italian ice cream shop to
be located in the Town Center West Retail Center at 171 N. Denton Tap
Road. Councilmember Ralnes seconded the motion; the motion carried
6-0 with Councilmembers Garcia, Peters, Raines, Tunnell, Stover and
Herring voting in favor of the motion.
19. PUBLIC HEARING:
Consider approval of Case No. PD-108R2.1, The Reserve,
zoning change request from PD-108R2 {Planned Development-
108R2~ to PD-108R2.1 {Planned Development-108R2.1} to
relocate a 6' high masonry wall from 10' to 5' from the west
property line on a 13,700 square-foot lot located at the
CMlll301
Page 9 of 19
southeast corner of Park Road and Benson Lane (283 Benson
Lane}.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council noting that a 3/4 vote would be needed to
approve this item.
Agatha Kellett, Applicant, made a presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and deny
Case No. PD-108R2.1, The Reserve, zoning change request from PD-
108R2 (Planned Development- 108R2) to PD- 108R2.1 (Planned
Development-108R2.1) to relocate a 6' high masonry wall from 10' to 5'
from the west property line on a 13,700 square-foot lot located at the
southeast corner of Park Road and Benson Lane (283 Benson Lane).
Councilmember Peters seconded the motion; the motion to deny carried
5-1 with Councilmembers Garcia, Peters, Ralnes, Tunnell and Herring
voting in favor of the motion to deny and Councilmember Stover voting
against the motion to deny.
20. PUBLIC HEARING:
Consider approval of Case No. PD-194, AmberPoint Business
Park, zoninE chanEe request from LI {LIEht Industrial) to PD-
194-LI (Planned Development-194, LiEht Industrial) to allow for
an office/warehouse business park on approximately 110 acres
of property located alonE the south side of Sandy Lake Road;
between Royal Lane and State Road, and to consider a Detail
Site Plan for a portion of Lot 1, Block A, to allow the
development of a 308,000 square-foot buildinE on a 15.11 acre
portion of a 36.15 acre tract therein.
CMlll301
Page 10 of 19
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. PD-194, AmberPoint Business Park, zoning change request
from LI (Light Industrial) to PD-194-LI (Planned Development-194, Light
Industrial) to allow for an office/warehouse business park on
approximately 110 acres of property located along the south side of
Sandy Lake Road; between Royal Lane and State Road, and to consider a
Detail Site Plan for a portion of Lot 1, Block A, to allow the development
of a 308,000 square-foot building on a 15.11 acre portion of a 36.15 acre
tract therein. Councilmember Raines seconded the motion; the motion
carried 6-0 with Councilmembers Garcia, Peters, Raines, Tunnell, Stover
and Herring voting in favor of the motion.
21. Consider approval of the AmberPoint Business Park, Lots 1 &
2, Block A, I~ Northpoint Drive Extension~ Preliminary Plat, to
allow the extension of Northpoint Drive and the development
of an office/warehouse business park on approximately 110
acres of property, located along the south side of Sandy Lake
Road; between Royal Lane and State Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve AmberPoint Business Park,
Lots 1 & 2, Block A, & Northpoint Drive Extension, Preliminary Plat, to
allow the extension of Northpoint Drive and the development of an
office/warehouse business park on approximately 110 acres of property,
located along the south side of Sandy Lake Road; between Royal Lane
and State Road. Councilmember Garcia seconded the motion; the
CMlll301
Page 11 of 19
motion carried 6-0 with Councilmembers Garcia, Peters, Ralnes, Tunnell,
Stover and Herring voting in favor of the motion.
0.2. Consider providing that the Planning and Zoning Commission
be the authority responsible for the approval of the Final Plat
for AmberPotnt Business Park, Lots I Ik 2, Block A, 8~
Northpolnt Drive Extension, to allow the extension of
Northpoint Drive and the development of an office/warehouse
business park on approximately 110 acres of property, located
along the south side of Sandy Lake Road; between Royal Lane
and State Road.
Action:
Councilmember Tunnell moved to approve the Planning and Zoning
Commission be the authority responsible for the approval of the Final
Plat for AmberPoint Business Park, Lots 1 & 2, Block A, & Northpoint
Drive Extension, to allow the extension of Northpoint Drive and the
development of an office/warehouse business park on approximately 1 10
acres of property, located along the south side of Sandy Lake Road;
between Royal Lane and State Road. Councilmember Peters seconded
the motion; the motion carried 6-0 with Councilmembers Garcia, Peters,
Raines, Tunnell, Stover and Herring voting in favor of the motion.
23. PUBLIC HEARING:
Consider approval of the Carter Addition, Lots 1 & 2, Phase II,
Replat, to allow the replatting of Lots I and 2 to shift the
property line between the two lots to the east, on 7.96 acres of
property located along the south side of Carter Drive, west of
Moore Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
CMlll301
Page 12 of 19
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
the Carter Addition, Lots 1 & 2, Phase II, Replat, to allow the replatting of
Lots 1 and 2 to shift the property line between the two lots to the east, on
7.96 acres of property located along the south side of Carter Drive, west
of Moore Road. Councilmember Peters seconded the motion; the motion
carried 6-0 with Councilmembers Garcia, Peters, Raines, Tunnell, Stover
and Herring voting in favor of the motion.
0.4. Consider approval of a six-month extension for submission to
the City for signatures the Gateway Business Park No. 3, Lots
I~IX, Block A, Final Plat.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve a six-month extension for
submission to the City for signatures the Gateway Business Park No. 3,
Lots i&iX, Block A, Final Plat. Councilmember Peters seconded the
motion; the motion carried 6-0 with Councilmembers Garcia, Peters,
Raines, Tunnell, Stover and Herring voting in favor of the motion.
25. Consider approval of a Resolution amending Resolution
#010996.3, as heretofore amended with regard to Electronic
Fries of City/School Tax Roll, Meeting Room Rental,
Floodplain Development Fees, Recreational Fees, and Water
and Waste Water Impact Fees, and authorizing the Mayor to
sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve Resolution No. 2001-1113.4
amending Resolution #010996.3, as heretofore amended with regard to
CMlll301
Page 13 of 19
Electronic Files of City/School Tax Roll, Meeting Room Rental, Floodplain
Development Fees, Recreational Fees, and Water and Waste Water
Impact Fees, and authorizing the Mayor to sign. Councilmember Garcia
seconded the motion; the motion carried 6-0 with Councilmembers
Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the
motion.
Review and selection of Retail Electrical Provider for City
accounts.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Stover moved to approve selection of First Choice as
electric provider for the City accounts with a 3-year commitment at a
rate of 4.39¢ per kwh, and authorize the City Manager to enter into an
agreement for the service. Councilmember Tunnell seconded the motion;
the motion carried 6-0 with Councilmembers Garcia, Peters, Raines,
Tunnell, Stover and Herring voting in favor of the motion.
27. Consider approval of an ordinance amending Section 9-2 et
seq. of the Code of Ordinances regarding fencing materials and
permits, and authorizing the Mayor to sign.
Presentation:
Mayor Sheehan reviewed the history of this item and advised of the
public hearing held by the Building and Standards Commission.
City Attorney Robert Hager made a presentation to the Council advising
that the Buildings and Standards Commission had some objection to the
white and off-white materials and the minimum on thickness and width
should be 1/4 inch on thickness and one inch on width. Vinyl was
defined as PVC designation as ASTM D1784 and ASTM designation
F964-94 should be added. Mr. Hager stated that no standard could be
found for fiberglass.
Issues Discussed:
CMlll301
Page 14 of 19
Councilmember Herring recommended that the permit fee for both
construction of new fences and replacement fences be $25.00. City
Attorney Robert Hager read into the record the recommended wording as
follows:
"a. It shall be unlawful for any person to erect or replace a fence in the
city without first obtaining a permit from the city, provided however, a
permit shall not be require to repair an existing fence.
b. Replacement, for the purposes of this section, shall mean the
construction, reconfiguration or relocation or repair of 50% or more of
the perimeter of an existing fence."
Councilmembe~ Herring recommended the materials to be allowed would
be wood, metal, wrought iron, vinyl (construed or defined by Mr. Hager's
definition above), stone or brick with mortar. Mayor Sheehan inquired
about chain link. City Attorney Robert Hager stated that chain link
would not be allowed in residential areas except that existing chain link
would be grandfathered.
Councilmember Herring recommended colors for wood or vinyl to be
painted or stained of earth tones only to include browns, grays, forest
green, natural wood tones, bronze, and white or off-white; metal to be
painted to include black, dark brown, bronze, gray, white or off-white;
masonry to be brick or stone which shall not be painted but shall be
natural materials or finish. Councilmember Stover inquired about the
painting of masonry and stated he was leaning toward allowing them to
be painted. Council discussed having ail approved colors for all
approved materials. City Attorney Robert Hager stated he could
accomplish that by having all three categories of materials to include all
approved colors. Councilmember Peters stated that white is not
normally included in earth tones and that the information she has
indicates that the while vinyl will tend to yellow under exposure of
weather.
Councilmember Tunnell expressed her concerns that the homeowners'
associations have more restrictive covenants that what this ordinance
would allow and they would be placed in the position of enforcement
upon their residents and that the associations have stated their
opposition to adding the new provisions to their covenants.
Mayor Sheehan recommended that three motions be made: one for
permits, one for materials and one for colors.
CMlll301
Page 15 of 19
Councilmember Stover advised he believed it is the responsibility and
duty of the homeowners' associations to monitor this issue.
Councilmember Peters stated she was not convinced of the viability of
the vinyl fencing product.
Councilmember Garcia stated he was in favor of the colors but would not
vote for the painting of masonry and brick.
Action:
Councilmember Herring moved to approve Ordinance amending Section
9-2-2 which shall state "a. It shall be unlawful for any person to erect or
replace a fenc~ as defined herein in the city without first obtaining a
permit, provided however, a permit shall not be required to repair an
existing fence. Replace or replacement for the purposes of this section
shall mean the construction, reconfiguration, relocation or repair of 50%
or more of the perimeter of an existing fence." Councilmember Stover
seconded the motion; the motion carried 6-0 with Councilmembers
Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the
motion.
Councilmember Herring moved to approve Ordinance amending Section
9-2-7(a) which shall state "All fences, as defined herein, constructed
within the city shall only be constructed of the following materials:
wood, metal or wrought iron, vinyl (polyvinyl chloride formulated to resist
impact and for ultraviolet stabilization and meets or exceeds ASTM
D 1784 as included in designation ASTM designation F964-94, which said
composite material is designed and constructed for fencing material;
such material shall consist of at least a 3 x 3 inch post, a minimum 1/4
inch thickness of slat by 2 inches wide) or stone or brick and mortar."
Councilmember Stover seconded the motion; the motion carried 4-3 with
Councilmembers Raines, Stover and Herring voting in favor of the motion
and Councilmembers Garcia, Peters and Tunnell voting against the
motion. Mayor Sheehan cast the deciding vote by voting for the motion.
Councilmember Herring moved to approve Ordinance amending Section
9-2-7(c) to read "permitted colors for wood, vinyl and metal shall be
painted, stained or constructed of earth tones to include but not limited
to browns, grays, forest green, natural wood tones and bronze and white
and off-white." Councilmember Stover seconded the motion; the motion
carried 4-2 with Councilmembers Garcia, Raines, Stover and Herring
voting in favor of the motion and Councilmembers Peters and Tunnell
voting against the motion.
CMIll301
Page 16 of 19
28. Consider approval of a Resolution casting the City of Coppell's
vote for the fourth member of the Board of Directors of the
Dallas Central Appraisal District, and authorizing the Mayor to
sign.
Action:
Councilmember Tunnell moved to approve Resolution No. 2001-1113.5
appointing Bill Binford for the fourth member of the Board of Directors of
the Dallas Central Appraisal District, and authorizing the Mayor to sign.
Councilmember Raines seconded the motion; the motion carried 6-0 with
Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring
voting in favor of the motion.
29. Necessary action resulting from Work Session.
There was no action necessary under this item.
30. City Manager's Report. A. Council Goals.
B. Financial Planning.
C. Right-of-way Encroachments and Destruction of Public
Property.
A. City Manager Jim Witt discussed Council Goals advising that the
Economic Development Goal has been under review by the Economic
Development Committee and the results will be brought to the Council in
January. Infrastructure Maintenance Fund, the utilization of that fund
and future projects will be brought to Council in February. The next goal
of Council is to continue to study the mass transit situation as it relates
to Coppell. Facilities and property will be reviewed with Council in
February. The e-gov staff continues to explore opportunities in city
communication. Residential property tax relief will be brought forward
early next year. Entryway policy and design will come to council in the
near future with cost estimates.
B. City Manager Jim Witt stated that the city is probably looking at a
$300,000 hit due the rate on which the budget was based. The city has
frozen ten staff positions that were new in the budget which would save
approximately $23,000 per month and operating capital purchases have
been frozen which would account for approximately $500,000. The City
has also done a budget reduction plan based on the revenue figures in
CMlll301
Page 17 of 19
January. The gross sum of possible cuts without affecting services could
total approximately $1.64 million. Mr. Witt discussed the cutbacks seen
in other cities.
C. City Manager Jim Witt advised the City has been involved recently with
entities being in our right-of-ways and tearing up city property and not
contacting the city. Mr. Witt advised that the City was planning to
vigorously pursue legal action to rectify the situation.
31. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Metroplex Mayors'
meeting.
B. Report by Mayor Sheehan regarding Coppell Chamber of
Commerce Luncheon honoring Veterans.
C. Report by Mayor Sheehan regarding Old Coppell Public
Hearing.
D. Report by Mayor Sheehan regarding Old Coppell Days.
E. Report by Mayor Sheehan regarding "Heros Live Forever"
benefit Basketball Game on December 8th.
F. Report by Councilmember Stover regarding mentors in
middle school.
G. Report by Councilmember Stover regarding Coppell
Education Foundation.
H. Report by Councilmember Stover regarding CHS sports
teams.
I. Report by Councilmember Tunnell regarding Annual
Institute on Planning, Zoning and Eminent Domain.
J. Report by Councllmember Tunnell regarding Shop
Coppell.
A. Mayor Sheehan thanked Councilmembers Peters and Raines for joining
her and City Manager Jim Witt at the Metroplex Mayors' meeting
discussing DART. Mayor Sheehan invited Council to the next meeting
which will be the second Tuesday in December.
B. Mayor Sheehan advised the Chamber of Commerce Luncheon honorin§
veterans would be November 14th.
C. Mayor Sheehan reminded everyone that the Old Coppell Public Hearing
will be November 14th in the Council Chambers.
CMlll301
Page 18 of 19
D. Mayor Sheehan stated Councilmembers Garcia and Peters, along with
pets and families, were out for the Family Walk at Grapevine Springs.
E. Mayor Sheehan asked everyone to place on their calendar the "Heroes
Live Forever" benefit Basketball Game on December 8th which will feature
the police officers playing against the firefighters.
F. Councilmember Stover appealed to members of Council and to any
service organizations to assist the middle schools in their mentoring
programs. Middle School North is in desperate need for mentors.
G. Councilmember Stover stated the Education Foundation was reported on
earlier.
H. Councilmember Stover congratulated the volley ball team on their
successful season and the JV football team won their district and the
varsity football team has tied for district. Mayor Sheehan added that
cross country girls placed 5th in state and tennis made it to regional.
I. Councilmember Tunnell reported on the Annual Institute on Planning,
Zoning and Eminent Domain which she attended.
J. Councilmember Tunnell encouraged the citizens to Shop Coppell as our
local retailers need our support.
32. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
Candy Sheehan, Mayor
ATTEST:
Libby Ball, City Secretary
CMlll301
Page 19 of 19
AGENDA REQUEST FORM
q'~ ~l~~~~~ ~CITY COUNCIL MEETING: December 11 2001 ITEM # ~
ITEM CAPTION:
Consider approval of proposed Change Order Number One to the Texas Unified Constructors Contract for
the Construction of the Servce Center, in the amount of $42,$61.00, and authorizing the City Manager to
sign.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
See attached
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
Funds for this change order will need to come from Undesignated Fund B
DIR. INITIALS: A/5/ FIN. REVIEW:~ CITY MANAGER REVIEW:
Agenda Request Form -'~'"'~se-75/0Rev 0 Document Name: "sercntr
T H E C I T Y O F'
COPP-ELL
PARKS AND LEISURE SERVICES DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: December 7, 2001
To: Mayor and City Council
·
From: Gary D. Sims, CPRP, Directo
Re: Consider Approval of Proposed Change Order Number One to the Texas Utilities
Constructors Contract for the Construction of the Service Center in the Amount of
$42,561.00.
Background:
Several issues have arisen during the first couple of months of construction of the Service
Center. The field conditions and the actual circumstances surrounding the construction of
the facility have differed from the Contract Documents in some areas necessitating this
Change Order request. Please see the attached letter fi'om Texas Unified Constructors
and the resulting Change Order request indicating the items for which changes are
necessary and the additional costs or savings for each. These items have been discussed
at length during construction meetings with the architect and city representatives. The
items are as listed below.
1. Furnish and install 4-4" pvc conduits for the electrical and telephone service from
Coppell Road to the new building.
2. Change the design of a drainage solution to better remove water from the front
portion of the site by placing larger pipe and headwalls at the entry drive.
3. Provide and install sleeves under paving areas for the future irrigation system.
The irrigation and landscaping was removed from the project in order to reduce
the cost of the facility, and these sleeves were removed also.
4. An additional water valve and waterline is requested to allow for ease of
expansion should the facility ever be enlarged in the future.
5. Furnish and install a water valve at one fire protection check valves. This will
afford easier maintenance of the fire protection system in the event of failure.
6. Additional select fill at the Utility Storage Building is required over and above
that which was called for on the plans. The contractor has requested to be
compensated for this change in the proposed elevations.
7. The Sanitary Sewer Main has been redesigned, eliminating a manhole from the
project and adding some piping to tie into an existing manhole, resulting in a
credit back to the city.
8. Add 14 days to the contract period for weather related delays when the contractor
has been unable to access the site
City Council Action requested:
Approve Proposed Change Order Number One to the Texas Utilities Constructors
Contract for the Construction of the Service Center in the Amount of $42,561.00.
Staff Recommendation:
The architect and city staff agree that the items listed are necessary for a complete and
finished product and that the prices as quoted by the contractor are fair, and recommend
approval of this Change Order Number One to the contract.
BR
9?23596661
Nov-19-01 05:27P TUCI ALLEN 9723596661 P.O1
CO~V~RUC7~OR~ AII~ TX 75002
I ~ C 0 g P 0 R A T 8 O Pho~972.359.66~
F~ 972.359.6661
November 19, ~
Vidaud + ~:iates, Inc.
13649 lV~6ntfort Drive Suite 200
Re: Cop~ll 5ervi~ Center
Coppell, Texas
Dent Cli~,
Please find the following price breakdowns for thc recently submitted change proposals.
1) Furnish and install 580 If of 4 ea - 4"dia sch 40 pvc conduits from property line to building, including
boring and casing under Coppell Road.
a) 4" gvc material 2,3'20 If ~ l.a0 $ 4,176.00
b) 4" pvc installation 2,320 If (~ 6.50 15,080.00
¢) equipment 2,320 if (~ 1.21 2,807.00
d) Sub price to bore anti groun Iea @ 3~205 3,205.00
Subtotal Item #1 25,268.00
2) Delete 30 If of 8" class 200 pv¢ and add 30 If of 18" ~ with two headwalis and rip-rap.
a) Delete 8" pvc material 30 If @ 6.00 $ (180.00)
b) Delete 8" pvc labor 30 If ~ 6.50 (195.00)
c) 18" rcp material 30 If @ 18.40 552.00
d) 18" rep labor 30 If ~ 20.60 618.00
e) Equipment 1 15 ~ 652 652.00
e) Concrete headwalla/riprap 2 ea ~ 864 1.728,00
Subtotal Item #2(revised) 3,175.00
3) Furnish and inslal1580' of 4" class 160 pvc irrigation sleeves.
a) 4" pvc material 580 if ~ 2.00 $ 1,160.00
b) 4" pvc labor 580 If ~ 6.50 3,770.00
c) Equipment 580 If ~ 1.21 702.00
Subtotal Item #3(revised) 5,632.00
4) Furmah and install 8" water valve and 20' orS" waterLine.
a) 8" valve material 1 ea ~ 860 $ 860.00
b) 8" valve labor I ea~ 9-10 210.00
c) 8" waterline material 20 If ~ 11 220.00
d) 8" waterline labor 20 If @ 8 160.00
Subtotal Item//4 1,450.00
Nov-19-01 05:27P TUCI ALLEN 9723596661 P.02
5) Furnish nnd install 6" water valve at Fire Protection check valve.
a) 6" valve material Iea (~ 704 $ 704.00
b) 6" valve labor 1 ea(~ 176 t76.00
Subtotal Item #$
6) Add select fill at east end of Utility Storage Building.
a) Select fill material 42 cy (~ 14 $ 588.00
b) Select fill labor 42 cy (~ 8 336.00
c) Engineering 1 is ~ 125 125.00
d) Additionnl testing 1 Is (~ 201 201.00
Subtotal Item ~6 1,250.00
7) Delete new manhole and tie in to existing, incldg 300 If of 6" sdr 35 and cleanout.
a) 6" sdr35 material 300 If @ 3.25 $ 975.00
b) 6" sdr35 labor 300 If ~ 2.17 651.00
c) Delete new manhole material 1 ea @ 2,620 (2,620.00)
d) Delete newmnnhole labor 1 ea @ 1,480 (1,480.00)
e) Delete new manhole equipment 1 ea (~ 526 (526.00)
Subtotal Item #7 (3,000.00)
Subtotal of Items 1 through 7 $34,655.00
Contractor Ove~e~l 10% 3 465.00
Subtotal 38,120.00
Conl~nctor Profit 10% 3,$12.00
Subtotal 41,932.00
Bond Premium Adjustment 1.5% 629.00
Grand Total $42,561.00
Fourteen (14) days of weather related delays nrc, also, submitted with this proposal for your approval.
Your expedient response is requested as some of these issues, if not acted upon wiltdn lhe next ~ days,
could delay the project.
Sincerely,
Texas Unified Cqes~l~uctors, Inc.
Cc: Chet Teel
C-OPPLLL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11, 2001 ITEM #
ITEM CAPTION:
Consider approval of extending Bid/Contract #Q-0101-03 for the FY2001/02 Sidewalk Replacement
Program to Quantum Contracting Inc. in an amount not to exceed $120,000 as budgeted.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Dir. of Engineering/Public Works
STAFF COMMENTS:
Quantum Contracting Inc. was the low bidder for the FY 2000/01 Sidewalk Replacement Program. The
contract with Quantum included provisions for the City to extend the contract for a one-year period with a
maximum number of three extensions. The contract also provided a mechanism for the contractor to request
a price determination based upon direct cost increase, wage and labor rate increase, etc. Quantum has
requested an increase from last years price of $4.95/per square foot to $5.20/per square foot.
Because Quantum Contracting Inc. was responsive and performed an excellent job for the City of Coppell in
2001 my recommendation is for the City Council to extend Bid #Q-0101-03 in an amount not to exceed
$120,000 for the FY 2001 / 02 Sidewalk Replacement Program.
This years project will complete all sidewalk requests that we have received as of November 21, 2001 (see
attached list). This includes 130 separate requests for a total of 21,492 square feet. The additional funding
over the $111,758.40 will allow flexibility when actual quantities differ from the initial measurements.
Staff will be available to answer questions at the Council meeting.
BUDGET AMT $ AMT EST $ +X-BID $
FINANCIAL COMMENTS:
Funds for th±s contract have been budgeted tn the infrastructure I, Ia±nten Fund.
DIR. INITIALS: !T FIN. REVIE CITY MANAGER REVIEW:'
Agenda Request Form - Revised 5/00 Document Name: #engl
QUANTUM CONTRACTING, [NC.
P. O. Box 430, Rockwall, Tx 75087.0430
Phone 972-771-9511 (FAX) 1,972.722. II14
Via Fax
October 11, 2001
Ken Gri~, City Engineer
City of Coppell
P O Box 478
Coppe[l, TX 7501'9
RE: Sidewalk Repairs, Project #SW-OI-O1
It is my understanding that our contract for the referenced project can be
extended at the consent of both parties for up to a three-year period. Quantum
has appreciated working with you and your staifon the first phase of the
sidewalk project as well as the Freeport Parkway Improvements project and we
are certainly willing to undertake additional work at your discretion. Our
sidewalk crew should wrap up an ongoing project with the City of Richardson
around the first week io November. Ir'you expect to do additional sidewalk
repair this fall or winter, please let me know as soon as possible so I can
schedule the work.
I respectfully request the City of Coppell grant an additional .25 cent/$. £~
which would raise the cost from $4.95 to $5.20 for the year 2002.
Sincerely,
R.. I. Evan% Jr.
Vice President
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid gQ 0101-03
FY 2001/02
SPECIFICATIONS FOR
SIDEWALK PAVEMENT REPAIRS
I. All repairs are to be saw cut full depth at locations determined in the field by the City of
Coppell and are to be square or rectangular in shape.
2. Complete removal of all sidewalk within the repair area is to be accomplished leaving clean
vertical sides. Damaged vertical sides will be resawed, removed and replaced at the
contractor's expense. Limit of pay will only be to the original saw line. Spoils from this
activity and subgrade removal will be disposed of off-site at the contractor's expense.
3. Subgrade shall be removed to a depth of 1" below bottom of the existing sidewalk and
compacted to 95% standard proctor density. Then, 1" of fine, washed sand, free from
organic materials or clay shall be placed. If unstable material is encountered that has to be
removed, then flexbase shall be placed and compacted to 95% standard proctor density to
bring subgrade up to 1" below bottom of the existing sidewalk.
4. Vertical sides of repair area are to be doweled with #3 bars, epoxy embedded 6"into the sides
at 12" centers.
5. Reinforcement steel shall be minimum #3 bar on 24" centers transversely and #3 bar on 18"
centers longitudinally and shall be supported by bar chairs spaced adequately to support the
weight of the concrete during placement.
6. Concrete shall be Type I cement at a rate of 5 sacks per CY and a compressive strength of
3000 PSI at 28 days. Testing to be provided by contractor, at the sole expense of the
contractor, through a City approved laboratory.
7. Construction joints shall be per the City of Coppell Standard Specifications.
8. A traffic control plan is to be submitted for all job sites that is consistent with the TMUTCD
for Engineering review. Implementation of the traffic control plan and all traffic control
devices necessary for a safe work environment shall be provided at the sole expense of the
contractor. No portion of a street will be allowed for closure without a review by the City of
Coppell. Traffic control devices shall be maintained at all times during construction.
9. A 24-month maintenance bond at 50% of total value, on a form provided by the City, will be
provided by the successful bidder.
10. Reference the City of Coppell Standard ConstrUction Details and Subdivision Ordinance for
further clarification.
11. It is the contractor's responsibility to identify areas with irrigation systems, locate and protect
existing system. All irrigation systems damaged will be repaired to as good or better and to
the satisfaction of the property owner at the contractor's sole expense.
CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
12. It is thc contractor's responsibility to obtain utility locations. Any damage to existing utilities
will be the sole responsibility of the contractor. Contractor will be responsible for backfilling
behind the sidewalk and sodding the disturbed area with like turf.
13. It will be the responsibility of the contractor to provide written notification to affected
residents in the vicinity of the repair area prior to the beginning of work. Information to be
included will be beginning and end dates of project, road closure information and contact
number(s).
14. All items necessary to complete the work including but not limited to traffic control plan,
repair of irrigation systems, sodding, resetting existing signs, etc. are subsidiary to the price
bid.
15. All the work contained in this contract lies within the city limits of the City of Coppell, Texas
and shall be constructed according to the City of Coppell approved construction standards
and specifications and the Standard Specifications for Public Works Construction, Third
Addition and any amendments as adopted by the North Central Texas Council of
Governments.
16. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
The City of Coppell is the contracting agency for this construction project. The following
statute requires any contracting agency to specify the generally prevailing rate of wages in
contracts that are bid.
Vernon's Texas Civil Statutes - Article 5159a:
"Construction of Public Works in State
and Municipal or Political Subdivisions;
Prevailing Wage Rate to be maintained."
Pursuant to the requirements of this statute, the City of Coppell, has ascertained the following
rates of wages are paid to various classifications of workers in the locality of this project.
Not less than the following hourly rates shall be paid for the various classifications of work
required by this project. Workers in classifications where rates are not identified shall be
paid not less than the general prevailing rate of "laborer" for the various classifications of
work therein listed.
The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1
& 1/2) times the base hourly rate.
The rates specified are journeyman rates. Apprentices may be used on the project and may
be compensated at a rate determined mutually by the worker and employer, commensurate
with the experience and skill of the worker but not at a rate not less than 60% of the
journeyman's wage as shown. At no time shall a journeyman supervise more than one (1)
apprentice. All apprentices shall be under the direct supervision of a journeyman working as
a crew.
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SHEET
Q-01201-03
SECTION I SIDEWALK FAILURES
1. 941 Tupelo 80
2. 903 Rolling Brook 172
3. 749 Sparrow 146
4. 128 Highland Meadow 44
5. 936 Redwing 110
6. 301 Parkmeadow 108
7. 155 Highland Meadow 272
8. 829 Blue Jay 25
9. Mapleleaf/alley at MacArthur 136
10. 243 Heatherglen 55
11. 217 Heatherglen 16
12. 158 E. Bethel 104
TOTAL SQUARE FEET 1~268
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SHEET
Q-O12Ol-03
SECTION II SIDEWALK FAILURES
13. 228 Parkmeadow 180
14. 419 Parkwood 80
15. 219 Woodhurst 190
16. 225 Pinyon 230
17. 430 Clearcreek 280
18. 310 Lea Meadow 80
19. 512 Halifax 260
20. 1024 Mapleleaf 265
21. 1028 Mapleleaf 160
22. 1032 Mapleleaf 150
23. 526 Shadowcrest 220
24. 529 Shadowcrest 280
25. 530 Shadowcrest 220
26. 605 Shadowcrest 120
27. 840 Sugarberry 200
28. 901 Tupleo 25
29. 743 Swallow 36
30. 323 Willow Springs 280
31. 331 Willow springs 400
32. 147 Wynnpage 40
33. Wynnpage/Heatherwood 130
34. 243 Barclay 265
35. 167 Highland Meadow 144
CITY OF COPPELL * PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD * COPPELL,TEXAS 7.~019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SHEET
Q-0101-03
SECTION II SIDEWALK FAILURES
36 221 MacArthur 152
37. 232 Willow Springs 140
38. 236 Willow Springs 223
39. 708 Dove Cir. 156
40. 309 Parkview 188
41. 463 Clearcreek 100
42. 213 Penuel 172
43. 304 Woodhurst 148
44. 306 Woodhurst 240
45. 726 Swallow 152
46. 152 Finch 208
47. 483 Clearcreek 300
48. 163 Highland Meadow 216
49. 377 Parkmeadow 188
50. 475 Clearcreek 140
51. Flagstone/Firelight 90
52. 112 Mesquitewood 152
53. 113 Simmmons 256
54. 600 Phillips 245
55. 225 Parkmeadow 146
56. 826 Lockhaven 100
57. 609 Thompson 187
58. 118-122 Meadow Run 305
59. 429 Shadowcrest 100
60. 408 Moore 80
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 7.~019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SHEET
Q-0101-03
SECTION II SIDEWALK FAILURES
Description ~
61. 664 Quail 208
62. 719 Swallow 328
63. 349 Westwood 45
64. 131 Winding Hollow 262
65. 252 E. Bethel 40
66. 159 Newport 250
67. 527 Woodhurst 272
68. 403 Parkwood 190
69. 119 Highland Meadow 72
70. 123 Highland Meadow 145
71. 210 Barclay 192
72. 301 Barclay 372
73. 128 Cherrybark 80
74. 630 Cribbs 40
75. 510 Greenwich 156
76. 513 Parkview 100
77. 818 Bethel School 280
78. 825 Red Cedar Way 185
79. 233 Heartz 180
80. 342-406 Woodhurst 265
TOTAL SQUARE FEET 12,281
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SHEET
Q-0101-03
SECTION IH SIDEWALK FAILURES
81. 240 Heatherglen 100
82. 244 Heatherglen 280
83. 729 Sparrow 360
84. 224 Steamboat 460
85. 228 Steamboat 100
86. 124 Landsdown 100
87. 538 Meadowview 324
88. 106 Meadow Run 100
89. 100 Deann 100
90. 104 Deann 200
91. 116 Deann 120
92. 117 Deann 80
93. 124 Deann 200
94. 125 Deann 280
95. 137 Deann 20
96. 902 Lenten Ct. 200
97. 715 Oriole 85
98. 939 Redcedar Way 80
99. 505 Shadowcrest 135
I00. 518 Shadowcrest 80
101. 525 Shadowcrest 80
102. 545 Shadowcrest 400
103. 570 Shadowcrest 100
104. 317 Spring Oak 90
105. 333 Spring Oak 170
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SHEET
Q-0101-03
SECTION III SIDEWALK FAILURES
Description ~
106. 327 Willow Springs 320
107. 339 Willow Springs 360
108. 612 Quail 340
109. 319 Willow Springs 160
110. 312 Timber Ridge 164
111. 724 Robin 92
112. 728 Robin 212
113. 321 Meadowood 156
114. 121 Simmons 120
115. 240 Willow Springs 108
116. 247 Woodhurst 100
117. 718 Swallow 204
118. 729 Robin 68
119. 735 Oriole 44
120. 644 Phillips 135
121. 108 Deann 207
122. 330 Tanglewood 116
123. 334 Tanglewood 116
124. 108 Simmons 185
TOTAL SQUARE FEET 7,451
CITY OF COPPELL * PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SHEET
Q-OlOl-O3
SECTION IV SIDEWALK FAILURES
125. 348 Dogwood 20
126. 116 Bricknell 100
127. 770 Pelican 60
128. 124 Meadowglen 80
129. 128 Meadowglen 80
130. 109 Deann 152
TOTAL SQUARE FEET 492
CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL,TEXAS 75019
SIDEWALK PAVEMENT REPAIRS
First Year Extension of Bid #Q 0101-03
FY 2001/02
BID SUMMARY
Item Description Approx. Bid Price
Quanti~ Per SF Total
I Remove and replace
1-12 Sidewalk failures as 1,268 SF $5.20 $ 6,593.60
listed
II Remove and replace
13-80. Sidewalk failures as 12,281SF $5.20 $ 63,861.20
listed
III Remove and replace
81-124 Sidewalk failures as 7,451 SF $5.20 $ 38,745.20
listed
IV Remove and replace
125-130 Sidewalk failures as 492 SF $5.20 $ 2,558.40
listed
TOTALS 21,492 SF $111,758.40
* Note: All work must be completed by September 30, 2002.
Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the
applicable signature page.
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible
personal property to be incorporated into the project. Said taxes are not included in the Contract
Price (see Instructions to Bidders).
The terms used in this Bid which are defined in the General Conditions of the Construction Contract
included as part of the Contract Documents have the meanings assigned to them in the General
Conditions.
The City of Coppell reserves the fight to delete any portion of this project or adjust quantities as it
may deem necessary to stay within the City's available funds. Should the City elect to delete any
portion, the contract quantities will be adjusted accordingly.
CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL,TEXAS 75019
T H E C I T Y 0 F
C-OPPLLL AGENDA REQUEST FORM
C~ITY COUNCIL MEETING: December 11, 2001 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1194, Frost Bites, zoning change request from PD-178R
(Planned Development-178R) to PD-178R~S.U.P-1194 (PD178R, Special Use Permit-Il94), to allow the
operation of an Italian ice cream shop to be located in the Town Center West Retail Center at 171 N. Denton
Tap Road, and authorize the Mayor to sign.
SUBMITTED BY: Gary L. Sieb.
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On October 18, 2001, the P&Z Commission unanimously approved (7-0) this zoning change.
On November 13, 2001, City Council unanimously approved (6-0) this zoning change.
Staff recommends approval.
DIR. INITIALS: ~' FIN. REVIEW:C~ CITY MANAGER REVIEW.'~
Agenda Request Form - Revised 5/00 ~S1194o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM "PD-178R" (PLANNED DEVELOPMENT -
178R) TO "PD178R-S.U.P.-l194" (PLANNED DEVELOPMENT 178R,
SPECIAL USE PERMIT -1194) TO GRANT A SPECIAL USE PERMIT TO
ALLOW FOR THE OPERATION OF A RESTAURANT LOCATED IN THE
TOWN CENTER WEST RETAIL CENTER, 171 NORTH DENTON TAP
ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS, AND
SIGN PLANS, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E",
RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1194 should be approved, and in the
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by thc governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from "PD-178R" (Planned Development ~
178R) to "PD178R-S.U.P.-1194" (Planned Development - 178R, Special Use Permit -1194) to grant a
Special Use Permit to allow for the operation of a restaurant located in the Town Center West Retail
Center, 171 North Denton Tap Road, subject to special conditions, for the property described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
1 44739
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
(A) The hours of operation shall be Sunday through Saturday from 7:00 a.m. to 12:00
midnight.
(B) The site shall be developed in accordance with the approved site plan, elevations, floor
plan and sign plan, attached hereto and incorporated here and shall be deemed special
conditions to the permit granted hereunder.
SECTION 3. That the Site Plan, Floor Plan, Elevations, and Sign Plans, attached hereto as
Exhibits "B", "C", "D", and "E", respectively, and made a part hereof for all purposes, are hereby
approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
2 44739
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the stun of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
., 2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ROBERT E. H~ il~ CITY ATTORNEY
(REH/cdb 11/30K)l'
3 44739
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i I ~TOPJkC~-E
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C-OPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11, 2001 ITEM # I~ ~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-194, AmberPoint Business Park, zoning change request
from LI (Light Industrial) to PD-194-LI (Planned Development-194, Light Industrial) to allow for an
office/warehouse business park on approximately 110 acres of property located along the south side of Sandy
Lake Road; between Royal Lane and State Road, and authorize the Mayor to sign.
SUBMITTED BY: Gary L. Sieb'
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On October 18, 2001, the P&Z Commission unanimously approved (7-0) this zoning change.
On November 13, 2001, City Council unanimously approved (6-0)this zoning change.
Staff recommends approval.
DIR INITIALS' FIN. REVIEW: ~ CITY MANAGER REVIEW:
Agenda Request P'orm - evise /00 @PD194o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "LI" (LIGHT INDUSTRIAL)
TO "PD-194-LI" (PLANNED DEVELOPMENT-194, LIGHT INDUSTRIAL)
TO ALLOW FOR AN OFFICE/WAREHOUSE BUSINESS PARK ON
APPROXIMATELY 110 ACRES AND TO CONSIDER A DETAIL SITE
PLAN FOR A PORTION OF LOT 1, BLOCK A, TO ALLOW FOR THE
DEVELOPMENT OF AN APPROXIMATE 308,000 SQUARE FOOT
BUILDING ON A 15.11 ACRE PORTION OF PROPERTY DESCRIBED IN
EXHIBIT "A": ATTACHED HERETO; PROVIDING FOR
DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN FOR PHASE I, CONCEPT PLAN FOR ENTIRE TRACT,
ELEVATIONS, LANDSCAPE PLAN AND DETAILS, TREE SURVEY AND
MITIGATION PLANS, AND DETENTION POND TREE SURVEY
ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E", "F" "G", "H"
AND "I", RESPECTIVELY; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the goveming body of the City
of Coppell, Texas, in comphance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-194
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) To "PD-
194-LI" (Planned Development-194, Light Industrial) to for an office/warehouse business park on
1 44743
approximately 110 acres and to consider a detail site plan for a portion of Lot 1, Block A, to allow
for the development of a 308,000 square foot building on a 15.11 acre on a portion of the property
described in Exhibit "A", attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions as set forth hereinbelow; and, the property depicted in Exhibit
"A" shall be further developed in accordance with the Site Plan for Phase I, Concept Plan for entire
tract, Elevations, Landscape Plan and Details, Tree Survey and Mitigation Plans, and Detention
Pond Tree Survey attached hereto as Exhibits "B", "C", "D", "E", "F", "G", "H" and 'T',
respectively:
SECTION 3. That the following property shall be developed and used only in accordance
with the following development conditions:
A. That the detention pond on Lot 2 shall be permitted to serve both Lots 1 and 2.
13. Monument signs, consistent with the quantity, quality, size, materials, colors and
located in the approximate locations, as indicated on the plan, will be permitted
within this Planned Development.
C. That the property shall be developed in accordance with the approved the Site Plan
for Phase I, Concept Plan for entire tract, Elevations, Landscape Plan and Details,
Tree Survey and Mitigation Plans, and Detention Pond Tree Survey attached hereto
as Exhibits "B", "C", "D", "E", "F", "G", "H" and 'T', respectively.
SECTION 4. That the Site Plan for Phase I, Concept Plan for entire tract, Elevations,
Landscape Plan and Details, Tree Survey and Mitigation Plans, and Detention Pond Tree Survey
attached hereto as Exhibits "B", "C", "D", "E", "F", "G", "H" and 'T', respectively, and made a part
hereof for all purposes, are hereby, approved.
2 44743
SECTION 5. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is govemed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
., 2001.
3 44743
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APP.: FORM:
/~,~/g~,~/ -
RffB~ERT E: H~, CITY ATTOV~4-EY (REH/cc~dl 2/05/2001)
4 44743
LEGAL DESCRIPTION
WHEREAS, Horace Thompson Ardinger, JR. and flmberPoint at CoppelI, L.L.C.,a Delaware limited liability
company, formerly known as Ballantyne Jack, L.L.C. are the owners of those tracts of land situated
in the Jesse Moore Survey, Abstract No. 968 in the City of CoppelI, Dallas County, Texas, said tracts
being described in deeds recorded in Volume 95064. Page 4709 and Volume 2001173, Page 3803
respectively, ali Deed Records of Dallas County, Texas (D.R.D.C.T.), these tracts together being more
particularly described as follows:
BEGINNING at o 1/2-inch found iron rod with cop stamped Brittoin & Crawford in the centerline
of Northpoint Drive (80 foot right-of-way], so;d point being the northwest Corner of o tract of land
described in Special Warranty Deed to the City of Cappellas recorded in Volume cJGIG4, Page 207,
D.R.D.C.T., and being in the east line of Freeport North Addition, an addition to the City of
Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.;
THENCE North O0 degrees 07 minutes 07 seconds East, along said east line, a distance of 522.82
feet to a 1-inch found iron pipe for corner;
THENCE South 89 degrees 57 minutes 02 seconds East, along the most northeasterly south line of
said Freeport North Addition, a distance of 349.95 feet to a 5/8-inch found iron rod for corner;
THENCE North CO degrees 56 minutes 17 seconds West. along the east line of said Freeport North
Addition, a distance of 90.42 feet to o 1/2-inch found iron rod for corne~-;
THENCE North 89 degrees 46 minutes 32 seconds West, along the north line of said Freeport
North Addition, a distance of 2.29 feet to a 1/2-inch found iron rod for the southeast corner of
Hoger Containers Addition, an addition to the City of Coppell, as recorded in Volume 88206, Page
3786, D.R.D.C.T.;
THENCE North CO degrees 07 minutes 49 seconds East, along the east line of said Hager
Containers Addition, passing a 1/2-inch found iron rod at a distance of 336.65 feet for the northeast
corner of said Hoger Containers Addition and the southeast corner of Four Seasons Addition, on
addition to the City of Coppell, as recorded in Volume 91139, Page 2187, D.R.D,C.T., and
continuing along said Four Seasons Additon for o total distonce of 1,327.98 feet to o 1/2-inch found
iron rod for corner on the south right-of-way line of Sandy Lake Road (variable width right-of-
way);
THENCE South 89 degrees z13 minutes 31 seconds East, along said SOuth r;ght-of-way line, a
distonce of 328.87 feet to a 1/2-inch found iron rod for corner:
THENCE South O0 degrees 09 minutes 52 seconds West, continuing along said south right-of-way
line, a distance of 3.60 feet to a found 60D nail in a fence post for corner:
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said south right-of-way
Iine, a distance of 2,017.73 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford
at the intersection of said south right-of-way line with the west right-of-way line of Stote Rood
(variable width right-of-way);
THENCE South CO degrees 13 minutes 41 seconds East, along said west right-of-way line, o
d~stance of 1,S¢~O.10 fee~r fo o 1/2-inch ~:ound iron rod with cop stomped Brittoln & Crowford for
cornerj
THENCE South CO degrees 31 minutes 15 seconds West, continuing along said west right-of-way
line, a distance of 356.43 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford
for corner;
THENCE North 89 degrees 28 minutes 45 seconds West, continuing along said west right-of-way
line a distance of 20.00 feet to a 1/2-inch found iron rod with cap stamped Brittoin
corner;
THENCE South O0 degrees 31 minutes 15 seconds West, continuing along said west right-of-way
line a distance of 22.58 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford for
the northeast corner of said City of Coppelltract;
THENCE North 89 degrees 44 minutes O6 seconds West, departing said west right-of-way line and
along the north line of said City of Coppelltract, a distance of 2?079.64 feet to the POINT OF
BEGINNING AND CONTIANING 4,742,058 square feet or 108.9 acres of land, more or less.
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COPPEIJL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11 2001 ITEM # ~
ITEM CAPTION: Consider approval of a Resolution entering into a Tax Abatement Agreement between the
City of Coppell and KPT, Inc., and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS: The Coppell Economic Development Committee unanimously recommended
approval of this abatement agreement request on November 7, 2001.
BUDGET AMT. $ _\,,v AMT. EST. $ +N-BID $
FINANCIAL COMMENTS:
Agenda Request Form - d 5/00 Document Name: Skptres.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND KPT, INC.; AUTHORIZING ITS
EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
W1]EREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas and KPT, Inc., a copy of which is attached hereto and
incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppe11, Texas.
SECTION 2. The City Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community through
a combination of new capital investment, increased sales tax revenues, and the creation of additional
job opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include inventory
and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
I 44677
SECTION 5. The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by
the affirmative vote of the majority of the members of the City Council of the City of Coppell,
Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the __ day of ,2001.
CITY OF COPPELL, TEXAS
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
AP~PETER G. SMITI~CITY A:TTORNEY
(PGS/ta ~2/o6/o 0
2 44298
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This tax abatement agreement (the "Agreement") is entered into by and among the City of
Coppell, Texas (the "City"), duly acting herein by and through its Mayor and KPT, Inc., ("Owner")
acting by and through its authorized officer.
WITNESSETH:
WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 32 (the "Zone"),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner has or intends to lease certain improvements located at 700 S. Freeport
Parkway Coppell, Texas (hereinafter defined as the "Improvements") and intends to locate Tangible
Personal Property (hereinafter defined) at the Improvements; and
W-I-IEREAS, the development efforts described herein will create permanent new jobs in
the City; and
WHEREAS, the City Council finds that the contemplated use of the Improvements and the
contemplated Tangible Personal Property to be added to the Improvements, and the other terms
hereof are consistent with encouraging development of the Zone in accordance with the purposes
for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by
the City, the Tax Code and all other applicable laws; and
WHEREAS, the City Council finds that the Improvements and the Tangible Personal
Property sought are feasible and practicable and would be of benefit to the Premises (hereinafter
defined) to be included in the Zone and to the City after expiration of this Agreement; and
TAX ABATEMENT AGREEMENT - Page ! 44614
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the goveming bodies of each of the taxing units in which the
Premises is located; and
WHEREAS, the City desires to enter into an agreement with Owner, the proposed lessee of
the Improvements, and the owner or lessee, of Tangible Personal Property to be added to the
Premises within the Zone for the abatement of taxes pursuant to the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
GENERAL PROVISIONS
1. Owner is the lessee or intends to lease the Improvements located on the real property
described in Exhibit "A" attached hereto (the "Land" hereinafter defined), which Land is located
within the City and the Zone; and intends to locate and maintain Tangible Personal Property in the
Improvements.
2. The Premises are not in an improvement project financed by tax increment bonds.
3. This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
4. The Premises are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
TAX ABATEMENT AUTHORIZED
5. This Agreement is authorized by the Tax Code and in accordance with the Tax
Abatement Guidelines, and approved by resolution of the City Council of the City authorizing the
execution of this Agreement.
6. Subject to the terms and conditions of this Agreement, and provided that Sales Tax
Receipts (hereinafter defined) total at least Three Million Dollars ($3,000,000) for each calendar
year that this Agreement is in effect, the City hereby grants Owner an abatement of fifty percent
(50%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive
years. The actual percentage of the Taxable Value of the Tangible Personal Property subject to
abatement will apply only to the tangible personal property added to the Premises after this
Agreement is executed.
TAX ABATEMENT AGREEMENT - Page 2 44614
7. The period of tax abatement herein authorized shall be for a period of five (5) years.
The term of this Agreement shall begin on the last date of execution hereof ("Effective Date") and
continue until December 31 of the fifth (5th) year following the First Year of Abatement, unless
sooner terminated as provided herein.
8. During the period of tax abatement herein authorized, Owner shall be subject to all
City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
DEFINITIONS
9. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
A. "Base Year" shall mean the year in which this Agreement is executed
(2001).
B. "Event of Bankruptcy or Insolvency" shall mean the dissolution or
termination of a party's existence as a going business, insolvency, appointment of
receiver for any part of a party's property and such appointment is not terminated within
ninety (90) days after such appointment is initially made, any general assignment for the
benefit of creditors, or the commencement of any proceeding under any bankrupicy or
insolvency laws by or against a party and such proceeding is not dismissed within ninety
(90) days after the filing thereof.
C. "First Year of Abatement" shall mean January 1 of the calendar year
immediately following the issuance of the final certificate of occupancy for Owner's
occupancy of the Improvements.
D. "Force Majeure" shall mean any contingency or cause beyond the reasonable
control of Owner including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, adverse weather, government or de facto governmental action
(unless caused by acts or omissions of Owner), fires, explosions or floods, strikes,
slowdowns or work stoppages.
E. "Improvements" shall mean the contemplated improvements to be
constructed or under construction on the Land and as further described herein.
F. "Land" shall mean the real property described in Exhibit "A" attached hereto
and incorporated herein for all purposes.
G. "Premises" shall collectively mean the Land and Improvements but
excluding the Tangible Personal Property.
H. "Taxable Value" means the appraised value as certified by the Appraisal
District as of January 1 of a given year.
TAX ABATEMENT AGREEMENT - Page 3 44614
I. "Tangible Personal Property" shall mean tangible personal property,
equipment and fixtures other than inventory or supplies owned or leased by Owner that is
added to the Premises subsequent to the execution of this Agreement.
J. "Sales Tax Receipts" shall mean the City's receipts from the State of
Texas of the Sales and Use Tax paid to the State of Texas for the sale of Taxable Items
by Owner consummated at the Improvements for the respective period set forth in this
Agreement.
K. "Taxable Items" shall have the same meaning assigned by Chapter 151,
Tax Code as amended.
L. "Sales Tax Certificate" shall mean a certificate or other statement in a
form reasonably aeceptable to the City setting forth the Owner's collection of Sales and
Use Tax paid to the State of Texas for the sale of Taxable Items by Owner consummated
at the Improvements, including Sales and Use Tax paid directly to the State of Texas
pursuant to a direct payment permit, together with such supporting documentation
required herein, and as City may reasonably request.
M. "Sales and Use Tax" shall mean sales and use tax of one (1%) imposed by
the City pursuant to Chapter 321 of the Tax Code on the sale of Taxable Items. Sales and
Use Tax does not include any sales and use tax imposed by City for the benefit of the
Coppell Recreation Development Corporation, pursuant to Section 4B of the
Development Corporation Act of 1979, article 5190.6 V.A.C.S., or sales and use tax
imposed by the City for the benefit of Coppell Education Development Corporation
pursuant to Chapter 379A of the TEXAS LOCAL GOVERNMENT CODE.
IMPROVEMENTS
10. Owner has leased or intends to lease approximately 35,000 square feet of office and
warehouse space at 700 S. Freeport Coppell, Texas (the "Improvements") for a period of at least
five (5) years beginning the First Year of Abatement. Owner agrees to locate and maintain Tangible
Personal Property at the Improvements with a Taxable Value of at least Five Hundred Thousand
Dollars ($500,000) as of the First Year of Abatement. Nothing in this Agreement shall obligate
Owner to lease the Improvements on the Land, or to locate Tangible Personal Property at the
Improvements, but said actions are conditions precedent to tax abatement pursuant to this
Agreement.
OCCUPANCY OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the
occupancy of the Improvements on or before December 31, 2002, as good and valuable
consideration for this Agreement, provided, that Owner shall have such additional time to occupy
TAX ABATEMENT AGREEMENT - Page 4 44614
the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and
faithfully pursuing occupy of the Improvements.
12. Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the
Improvements shall be used only as an office/warehouse facility for a period of five (5) years
commencing on the First Year of Abatement.
13. The City, its agents and employees shall have the right of access to the
Improvements during the term of this Agreement to inspect the Improvements at reasonable times
and with reasonable notice to Owner, and in accordance with Owner's visitor access and security
policies, in order to insure that the Improvements are being used in accordance with this Agreement
and all applicable state and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
14. As a condition precedent to the grant of tax abatement, each year this Agreement is
in effect, City shall have received a Sales Tax Certificate from Owner, for the calendar year ending
immediately preceding the tax year for which the tax abatement applies. Owner, shall beginning
thirty (30) days after the First Year of Abatement and within thirty (30) days after the end of each
calendar year thereafter, provide the City with a Sales Tax Certificate for the previous ending
calendar year. For example, if the First Year of Abatement is January 1, 2003, the City shall have
received a Sales Tax Certificate for the 2002 calendar year (the period beginning January 1, 2002,
and continuing through and including December 31, 2002), and the Sales Tax Certificate is due on
or before January 30, 2003. At the request of the City, the Owner shall provide such additional
documentation as may be reasonably requested by City to evidence, support and establish the
Sales Tax Receipts. The Sales Tax Certificate shall at a minimum contain, include or be
accompanied by the following:
a. A schedule detailing the amount of the City's Sales and Use Tax collected by
Owner and paid to the State of Texas on the sale of Taxable Items by Owner
consummated at the Improvements for the previous calendar year;
b. A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Owner for the previous calendar year showing the
Sales and Use Tax collected (including Sales and Use Tax paid directly to the
State of Texas pursuant to a direct payment certificate) by Owner for the sale of
Taxable Items by Owner consummated at the Improvements;
c. A copy of all direct payment and self-assessment returns, including amended
returns, filed by Owner for the previous calendar showing the City's Sales and
Use Tax paid for the sale of Taxable Items by Owner consummated at the
Improvements;
TAX ABATEMENT AGREEMENT - Page 5 44614
d. Information concerning any refund or credit received by Owner of the City's
Sales or Use Taxes collected or paid by Owner (including any sales and use tax
paid directly to the State of Texas pursuant to a direct payment permit) which has
previously been reported by Owner as Sales and Use Tax paid or collected;
City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax
Certificate.
15 Owner shall, prior to December 31 of each calendar year that this Agreement is in
effect, certify to the City that it is in compliance with each term of the Agreement.
16. Owner agrees that during the term of this Agreement that the Improvements shall be
used in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as
amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general
purposes of encouraging d6velopment or redevelopment within the Zone.
17. Owner agrees to continuous lease and occupy the Improvements for a period of five
(5) years commencing the First Year of Abatement. During the term of this Agreement, Owner
agrees, commencing on the date a certificate of occupancy is issued for Owner's occupancy of the
Improvements and continuing thereafter until termination of this Agreement, to continuously
operate a computer printing and full mail service business, or similar business at the Improvements
engaged in the sale of Taxable Items consummated at the Improvements, and that the Owner shall
not allow the operation of such business to cease for more than thirty (30) days except in connection
with, and to the extent of an Event of Force Majeure.
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event Owner: (i) fails to occupy the Improvements in accordance with this
Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has
delinquent ad valorem or sales taxes owed to the City (provided such party retains its right to timely
and properly protest such taxes or assessment); (iii) has an "Event of Bankruptcy or Insolvency";
or (iv) breaches any of the terms and conditions of this Agreement, then such Owner, after the
expiration of the notice and cure periods described below, shall be in default of this Agreement. As
liquidated damages in the event of such default, the Owner shall, within thirty (30) days after
demand, pay to the City all taxes which otherwise would have been paid to the City without benefit
of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section
33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual
damages in the event of default termination would be speculative and difficult to determine. The
parties further agree that any abated tax, including interest as a result of this Agreement, shall be
recoverable against the Owner, its successors and assigns and shall constitute a tax lien on the
Tangible Personal Property and shall become due, owing and shall be paid to the City within thirty
(30) days after termination.
19. Upon breach by Owner of any obligations under this Agreement, the City shall
notify Owner in writing, who shall have thirty (30) days ~rom receipt of the notice in which to cure
any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
TAX ABATEMENT AGREEMENT - Page 6 44614
Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default,
then the City may extend the period in which the violation must be cured.
20. If Owner fails to cure the default within the time provided as specified above or, as
such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement by written notice to Owner.
21. Upon termination of this Agreement by City, all tax abated as a result of this
Agreement shall become a debt to the City as liquidated damages, and shall become due and
payable not later than thirty (30) days after a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Tangible Personal Property without tax abatement for the years in
which tax abatement heretmder was received by Owner with respect to the Tangible Personal
Property as determined by the Appraisal District, multiplied by the tax rate of the years in question,
as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as
provided for delinquent taxes and shall commence to accme after expiration of the thirty (30) day
payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION
22. It shall be the responsibility of Owner pursuant to the Tax Code to file an annual
exemption application form with the Chief Appraiser for each Appraisal District in which the
eligible taxable property has sims. A copy of the exemption application shall be submitted to the
City upon request.
SUCCESSORS AND ASSIGNS
23. This Agreement shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and assigns. This
Agreement may be assigned with the consent of the City Manager. After any permitted assignment,
all references to Owner herein shall thereafter be a reference to Owner's successor with respect to
any obligations or liabilities occurring or arising after the date of such assignment.
NOTICE
24. All notices required by this Agreement shall be addressed to the following, or other
such other party or address as either party designates in writing, by certified mail, postage prepaid,
or by hand or ovemight delivery:
If intended for Owner, to:
Atto: Kurt J. Pyka
KPT, Inc.
11262 Indian Trail
TAX ABATEMENT AGREEMENT - Page 7 44614
Dallas, Texas 75229
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
CITY COUNCIL AUTHORIZATION
25. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
SEVERABILITY
26. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
APPLICABLE LAW
27. This Agreement shall be construed under the laws of the State of Texas. Venue for
any action under this Agreement shall be the State District Court of Dallas County, Texas. This
Agreement is performable in Dallas County, Texas.
COUNTERPARTS
28. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same instrument.
TAX ABATEMENT AGREEMENT - Page 8 44614
ENTIRE AGREEMENT
29. This Agreement embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporary agreements between the parties and relating to the
matters in this Agreement, and except as otherwise provided herein cannot be modified without
written agreement of the parties to be attached to and made a part of this Agreement.
CONVENANTS RUNNING WITH THE PREMISES
30. The provisions of this Agreement are hereby declared covenants running with the
Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right,
title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title,
or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and
fully perform the provisions of this Agreement with respect to the right, title or interest in such
Premises.
RECORDATION OF AGREEMENT
31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
INCORPORATION OF RECITALS
32. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXHIBITS
33. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
34. This Agreement and the tax abatement provided herein is expressly subject to
Owner entering into a lease of the Improvements prior to December 31,2001.
EXECUTED in duplicate originals this the __ day of,2001.
CITY OF COPPELL, TEXAS
By:
CANDY SHEEHAN, MAYOR
ATTEST:
TAX ABATEMENT AGREEMENT - Page 9 44614
By:
LIBBY BALL, CITY SECRETARY
AGREED AS TO FORM:
By:
PETER G. SMITH, CITY ATTORNEY
EXECUTED in duplicate originals this the
KPT, INC.
By:
Name:
Title: Chief Executive Officer
TAX ABATEMENT AGREEMENT - Page 10 44614
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instmmem was acknowledged before me on the __ day of ,
2001, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
Notary Public, State of Texas
My Commission Expires:
TAX ABATEMENT AGREEMENT - Page 1 1 44614
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the --~ day of
2001, by Kurt J. Pyka being the Chief Executive Officer of KPT, Inc., on behalf of said
corporation.
Notary Public, State of Texas
My Commission Expires: '
TAX ABATEMENT AGREEMENT - Page 12 44614
GF# 1030323
Owner Policy No. 44-0352-100-1594 Page 2
DESCRIPTION
BEING 19.39 acre tract of land situated in the James A. Simmons Survey, Abstract No.
1296, City of Coppell, Dallas County, Texas and including all of Blocks I and 2 of
Coppell Commerce Center, an addition to the City of Coppell as recorded in Volume
81051, Page 3041 of the Deed Records of Dallas County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2-inch iron rod set at the intersection of the north line of Burns
Road (a 60-foot right-of-way) and the east line of Freeport Parkway (an 81-foot
right-of-way at this point);
THENCE North 01 deg. 18 min. O0 sec. East a distance of 1,224.73 feet along the east
line of said Freeport Parkway to a 1/2-inch iron rod found for corner in the south
line of a tract of land conveyed to Home Interiors and Gifts, Inc. by deed recorded
in Volume 93062, Page 4552 of the Deed Records of Dallas County, Texas;
THENCE South 89 deg. O1 min. 04 sec. East a distance of 249.41 feet along the south
line of said Home Interiors tract to a 1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 28 sec. East a distance of 260.00 feet along the South
line of Block 5 of Coppell Commerce Center, an addition to the City of Coppell as
recorded in Volume 81051, Page 3041 of the Deed Records of Dallas County, Texas, to a
1/2-inch iron rod found for corner;
THENCE South 89 deg. 01 min. 04 sec. East a distance of 197.79 feet along the south
line of that certain tract of land conveyed to Mary Virginia Thweatt by deed recorded
in Volume 2112, Page 419 of the Deed Records of Dallas County, Texas, to a 1/2-inch
iron rod found for corner in the north line of a cul-de-sac for Hammond Street, said
iron rod being in a curve to the left that has a central angle of 180 deg. O0 min. 00
sec., a radius of 60.00 feet and a chord that bears South O1 deg. 17 min. 26 sec.
west;
THENCE along ~the west line of said cul-de-sac and said curve to the left an arc
distance of 188.50 feet to a 1/2-inch iron rod found for corner; THENCE South 01 deg.
17 min. 26 sec. West a distance of 1,059.15 feet along the west line of said Hammond
Street to a 1/2-inch iron rod found at its intersection with the north line of said
Burns Street;
THENCE South 87 deg. 17 min. 36 sec. West a distance of 709.12 feet along the north
line of said Street to the POINT OF BEGINNING and CONTAINING 844,459 square feet or
19.39 acres of land.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
EI~IBIT "A"
COPPEICL AGENDA REQUEST FORM
t j .~t"'~',~"~,s '~~ITY CO~CILMEET~G:December 11,2001 ITEM ~ /0
ITEM C~TION: Consider approval of a resolution amend~g and restat~g the Tax Abatement A~eement
be~een ~e Ci~ of Coppe~ and Desert Coppe~ LLC dated December 8, 1998, and authoring ~e Mayor to
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS: On November 7, 2001, the Coppell Economic Development Committee
recommended approval of this item. The amendment is lowering the required taxable value of the
improvements to Ten Million Dollars ($10,000,000).
BUDGET AMT. $ AMT EST $ +X-BID $
FINANCIAL COMMENTS: eX't'
DIR. INITIALS.~~ FIN. REVIEW?~ CITY MANAGER
REVIE
I.
Agenda Request Form - Rfevised 5/00 Document Name: Sdestax.doc
RESOLUTION NO.
A RESOLUTION OF TI~ CITY OF COPPELL, TEXAS, APPROVING ~
TERMS AND CONDITIONS OF AN AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND DESERT
COPPELL LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND
PROVIDING AN EFFECTIVE DATE.
V~rHEREAS, the City Council has been presented a proposed Amended and Restated Tax
Abatement Agreement by and between the City of Coppe11, Texas and Desert Coppe11 LLC, a copy
of which is attached hereto and incorporated herein by reference; and
WI~IF~REAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The City Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community through
a combination of new capital investment, increased sales tax revenues, and the creation of additional
job opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include inventory
and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
I 44625
SECTION 5. The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Amended and Restated Tax Abatement Agreement
are hereby approved by the affirmative vote of the majority of the members of the City Council of
the City of Coppell, Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ~ day of ,2001.
CITY OF COPPELL, TEXAS
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/tfl 12/06/01)
2 44625
STATE OF TEXAS §
§ AMENDED AND RESTATED
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This amended and restated tax abatement agreement (the "AGREEMENT") is entered into
by and between the City of Coppell, Texas (the "CITY"), a Home Rule City and municipal
corporation of Dallas County, Texas, duly acting herein by and through its Mayor, Desert Coppell
LLC ("OWNER"), acting by and through its respective authorized officer.
WITNESSETH:
WHEREAS, the CITY and DFW Trade Center I Limited Partnership ("DFW") previously
entered into that certain tax abatement agreement dated December 8, 1998, (the "ORIGINAL
AGREEMENT"); and
WHEREAS, DFW has sold, transferred, and conveyed the real property and
improvements, the subject of the ORIGINAL AGREEMENT, to OWNER, and has with the
consent of the CITY assigned the ORIGINAL AGREEMENT to OWNER; and
WHEREAS, the CITY does hereby consent to the assignment of the ORIGINAL
AGREEMENT to OWNER; and
WHEREAS, the parties desire to amend and restate the ORIGINAL AGREEMENT as
set forth herein; and
WHEREAS, the Chapter 312 of the Tax Code ("TAX CODE") authorizes the parties to
amend the ORIGINAL AGREEMENT; and
WHEREAS, a copy of this AGREEMENT has been fumished, in the manner prescribed
by the TAX CODE, to the presiding officers of the goveming bodies of each of the taxing units in
which the PREMISES is located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the ZONE, which contributes to the economic development of Coppell and the enhancement of
the tax base in the CITY, the parties agree as follows:
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 1 44606
GENERAL PROVISIONS
1. OWNER is the owner of that real property described in Exhibit "A" attached hereto
and made a part hereof for all purposes (the "LAND"), which LAND is located within the city
limits of the CITY and within the ZONE.
2. The PREMISES are not in an improvement project financed by tax increment
bonds.
3. This AGREEMENT is entered into subject to the rights of the holders of
outstanding bonds of the CITY.
4. The PREMISES are not owned or leased by any member of the Coppell City
Council or any member of the Coppell Planning and Zoning Commission, or any member of the
governing body of any taxifig units joining in or adopting this AGREEMENT.
TAX ABATEMENT AUTHORIZED
5. This AGREEMENT is authorized by the TAX CODE, and in accordance with the
City Tax Abatement Guidelines, and approved by resolution of the City Council of the City
authorizing the execution of this AGREEMENT.
6. Subject to the terms and conditions of this AGREEMENT, and provides that the
combined TAXABLE VALUE for the IMPROVEMENTS and TANGIBLE PERSONAL
PROPERTY is at least Five Million Five Hundred Thousand Dollars ($5,500,000) as of January 1,
of the FIRST YEAR OF ABATEMENT and as of January 1 of each year thereafter for a period
of four (4) consecutive years, the CITY hereby grants OWNER an abatement of seventy-five
percent (75%) of the TAXABLE VALUE of the IMPROVEMENTS and the TANGIBLE
PERSONAL PROPERTY located on the PREMISES for a period of five (5) years. The actual
percentage of taxes subject to abatement for each year of this AGREEMENT will apply only to
the portion of the taxable value of the IMPROVEMENTS that exceeds TAXABLE VALUE of
the IMPROVEMENTS lbr the year in which this ORIGINAL AGREEMENT was executed
(base year/1998). The tax abatement agreement for TANGIBLE PERSONAL PROPERTY will
only apply to the TANGIBLE PERSONAL PROPERTY added to the PREMISES after the
ORIGINAL AGREEMENT was executed.
7. The period of tax abatement herein authorized shall be for a period of five (5) years.
8. During the period of tax abatement herein authorized, OWNER shall be subject to
all CITY taxation not abated, including but not limited to, sales tax and ad valorem taxation on
land, inventory and supplies.
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 2 44606
DEFINITIONS
9. Wherever used in this AGREEMENT, the following terms shall have the meanings
ascribed to them:
A. "LAND" shall mean the real property described on Exhibit "A" attached
hereto and incorporated herein.
B. "PREMISES" shall collectively mean the LAND and IMPROVEMENTS.
C. "IMPROVEMENTS" shall mean Building "F", the contemplated
improvements described herein located on the LAND and as further described in the plans
submitted to the CITY, including but not limited to buildings, structures, but excluding the
TANGIBLE PERSONAL PROPERTY.
D. "TAXABLE VALUE" shall mean the appraised value as certified by the
Appraisal District as of January 1 of a given year.
D. "BASE YEAR" shall mean the year in which the ORIGINAL
AGREEMENT was executed (1998).
E. "FIRST YEAR OF ABATEMENT" shall be January 1 of the calendar
year immediately following the issuance of a certificate of occupancy for the
IMPROVEMENTS (January 1,2000).
F. "TANGIBLE PERSONAL PROPERTY" shall mean tangible personal
property, equipment and fixtures, other than inventory or supplies, added to the
PREMISES subsequent to the execution of the ORIGINAL AGREEMENT.
G. "EVENT OF BANKRUPTCY OR INSOLVENCY" shall mean the
dissolution or termination of OWNER's existence as a going business, insolvency,
appointment of receiver lbr any part of OWNER's property and such appointment is not
terminated within thirty (30) days after such appointment is initially made, any general
assignment for the benefit of creditors, or the commencement of any proceeding under
any bankruptcy or insolvency laws by or against OWNER and such proceeding is not
dismissed within thirty (30) days after the filing thereof.
IMPROVEMENTS
10. OWNER is predecessor and agrees to construct or cause to be constructed Building
"F" on the LAND an office/warehouse/facility consisting of approximately 493,679 square feet
(and other ancillary facilities such as required parking and landscaping more fully described in the
submittals filed by OWNER with the CITY from time to time in order to obtain a building permit)
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 3 44606
(the "IMPROVEMENTS"). The cost of the IMPROVEMENTS should be approximately Ten
Million Dollars ($10,000,000). The approximate location of the IMPROVEMENTS will be
shown on a Site Plan of the PREMISES to be submitted to the CITY. The TAXABLE VALUE
of the IMPROVEMENTS, excluding the LAND shall be at least Ten Million Dollars
($10,000,000) as of January 1 of the FIRST YEAR OF ABATEMENT and as of January 1 of
each year thereafter for a period of four (4) consecutive years. Nothing in this AGREEMENT
shall obligate OWNER to construct IMPROVEMENTS on the LAND or to locate TANGIBLE
PERSONAL PROPERTY on the PREMISES, but said actions are a condition precedent to tax
abatement pursuant to this AGREEMENT.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
AGREEMENT, OWNER is predecessor diligently and faithfully, in good and workmanlike
manner, pursued completioh of the contemplated IMPROVEMENTS on or before December 31,
1999, as good mid valuable consideration for this AGREEMENT, and that all construction of the
IMPROVEMENTS would be in accordance with all applicable state and local laws, codes, and
regulations, (or valid waiver thereof).
12. OWNER agrees to maintain the IMPROVEMENTS during the term of this
AGREEMENT in accordance with all applicable state and local laws, codes, and regulations.
13. OWNER agrees to provide to any other applicable tenants of the PREMISES, the
benefit of the abatement of real property taxes granted herein. OWNER shall, upon written
request, provide the CITY with satisfactory evidence that the benefits of this AGREEMENT have
been provided to other applicable tenants of the PREMISES.
14. The CITY, its agents and employees shall have the right of access to the
PREMISES during construction to inspect the IMPROVEMENTS at reasonable times and with
reasonable notice to OWNER, and in accordance with OWNER'S visitor access and security
policies, in order to insure that the construction of the IMPROVEMENTS are in accordance with
this AGREEMENT and all applicable state and local laws and regulations (or valid waiver
thereof).
GENERAL REQUIREMENTS
15. Construction plans for the IMPROVEMENTS constructed on the LAND will be
filed with the CITY. The plans for such IMPROVEMENTS as filed shall be deemed to be
incorporated by reference herein and made a part hereof for all purposes.
16. OWNER agrees from the date a certificate of occupancy is issued until the
expiration of this AGREEMENT to continuously operate and maintain the PREMISES as an
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 4 44606
office/warehouse/distribution facility, in compliance with all applicable federal, state and local
laws.
17. After completion of the IMPROVEMENTS, OWNER shall certify in writing to
the CITY the construction cost of the IMPROVEMENTS. OWNER shall annually certify to the
CITY that it is in compliance with each term of the AGREEMENT.
18. The PREMISES and the IMPROVEMENTS constructed thereon at all times shall
be used in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as
amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general
purposes of encouraging development or redevelopment within the ZONE.
DEFAULT: RECAPTURE OF TAX REVENUE
19. In the evenf OWNER: (i) fails to cause completion of the IMPROVEMENTS in
accordance with this AGREEMENT or in accordance with applicable State or local laws, codes or
regulations; (ii) has any delinquent ad valorem or sales taxes owed to the CITY (provided
OWNER retains its right to timely and properly protest such taxes or assessment); (iii) upon the
occurrence of any "EVENT OF BANKRUPTCY OR INSOVENCY"; or (iv) breaches any of
the terms and conditions of this AGREEMENT, then OWNER, after the expiration of the notice
and cure periods described herein, shall be in default of this AGREEMENT. As liquidated
damages in the event of such default, OWNER shall, within thirty (30) days after demand, pay to
the CITY all taxes which otherwise would have been paid to the CITY without benefit of a tax
abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of
the TAX CODE as amended but without penalty. The parties acknowledge that actual damages in
the event of default termination would be speculative and difficult to determine. The parties further
agree that any abated property taxes, including interest as a result of this AGREEMENT, shall be
recoverable against OWNER, its successors and assigns and shall constitute a tax lien on the
PREMISES and the TANGIBLE PERSONAL PROPERTY and shall become due, owing and
shall be paid to the CITY within thirty (30) days after termination.
20. Upon breach by OWNER of any obligations under this AGREEMENT, the CITY
shall notify OWNER in writing. OWNER shall have thirty (30) days from receipt of the notice in
which to cure any such default. If the default cannot reasonably be cured within the thirty (30) day
period, and OWNER has diligently pursued such remedies as shall be reasonably necessary to cure
such default, then the CITY may extend the period in which the default must be cured for an
additional thirty (30) days.
21. If OWNER fails to cure the default within the time provided as specified herein or,
as such time period may be extended, then the CITY at its sole option shall have the right to
terminate this AGREEMENT by written notice to OWNER.
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 5 44606
22. Upon termination of this AGREEMENT by CITY all abated taxes as a result of
this AGREEMENT shall become a debt to the CITY as liquidated damages, and shall become due
and payable not later than thirty (30) days after a notice of termination is made. The CITY shall
have all remedies for the collection of the abated taxes provided generally in the TAX CODE for
the collection of delinquent property tax. The CITY at its sole discretion has the option to provide
a repayment schedule. The computation of the abated taxes for the purposes of the
AGREEMENT shall be based upon the full TAXABLE VALUE without tax abatement for the
years in which tax abatement hereunder was received by OWNER with respect to the
IMPROVEMENTS and TANGIBLE PERSONAL PROEPRTY, as determined by the
Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax
Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes
shall commence to accrue after expiration of the thirty (30) day payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION
23. It shall be the responsibility of OVqNER pursuant to the TAX CODE, to file an
annual exemption application fm'm with the Chief Appraiser for each appraisal district in which the
eligible taxable property has situs. A copy 'of the exemption application shall be provided to the
CITY upon request.
24. OWNER shall annually render the value of the IMPROVEMENTS and
TANGIBLE PERSONAL PROPERTY located on the PREMISES to the Appraisal District and
upon request provide a copy of the same to the CITY.
SUCCESSORS AND ASSIGNS
25. This AGREEMENT shall be binding on and inure to the benefit of the parties to it
and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
This AGREEMENT may be assigned with the consent of the CITY.
NOTICE
26. All notices required by this AGREEMENT shall be addressed to the following, or
other such other party or address as either party designates in writing, by certified mail, postage
prepaid or by hand delivery:
If intended for OWNER. to:
Desert Coppell LLC
C/O Spears Manufacturing Co.
Attn: Kenneth E. Ruggles, Chief Financial Officer
P.O. Box 9203
Sylmar, California 91392
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 6 44606
If intended for CITY, to:
City of Coppell, Texas
Attn: City Manager
P. O. Box 478
Coppell, Texas 75019
With Copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
CITY COUNCIL AUTHORIZATION
27. This Agreelnent was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this AGREEMENT on behalf of the CITY.
SEVERABILITY
28. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this AGREEMENT, shall be enforceable
and shall be enforced as if the parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase or word.
APPLICABLE LAW
29. This AGREEMENT shall be construed under the laws of the State of Texas.
Venue for any action under this AGREEMENT shall be the State District Court of Dallas County,
Texas. This AGREEMENT is performable in Dallas County, Texas.
COUNTERPARTS
30. This AGREEMENT may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
ENTIRE AGREEMENT
31. This AGREEMENT embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the parties and
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 7 44606
relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
AGREEMENT.
32. The provisions of this AGREEMENT are hereby declared covenants running with
the PREMISES and are fully binding on all successors, heirs, and assigns of OWNER who
acquire any right, title, or interest in or to the PREMISES or any part thereof. Any person who
acquires any right, title, or interest in or to the PREMISES, or any part hereof, thereby agrees and
covenants to abide by and fully perform the provisions of this AGREEMENT with respect to the
right, title or interest in such property.
RECORDATION OF AGREEMENT
33. A certified copy of this AGREEMENT shall be recorded in the Deed Records of
Dallas County, Texas.
INCORPORATION OF RECITALS
34. The determinations recited and declared in the preambles to this AGREEMENT
are hereby incorporated herein as part of this AGREEMENT.
EXHIBITS
35. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
CONSTRUCTION
36. Both parties have participated in the negotiation and preparation of this
AGREEMENT. This AGREEMENT shall not be constructed more or less strongly against
either party. OWNER acknowledges that it has obtained legal counsel to assist in the
preparation of this AGREEMENT and that OWNER has fully satisfied itself, without warranty
or representation not expressly contained herein, by CITY that the tax abatement contemplated
hereby is available in all respects.
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 8 44606
EXECUTED in duplicate originals this the __ day of ,2001.
CITY OF COPPELL, TEXAS
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
AGREED AS TO FORMi
By:
PETER G. SMITH, CITY ATTORNEY
EXECUTED in duplicate originals this the '~t2' day of p,l OlJ , 2001.
DESERT COPPELL LL_C_
By: ~(~./~ ~
KENNETH E. RU(~3L~'5~
CHIEF FINANCIAL OFFICER
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 9 44606
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __ day of ,
200 , by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf
of said municipality.
Notary Public, State of Texas
My Commission Expires:
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILD1NG F - Page 10 44606
OWNER'S ACKNOWLEDGMENT
STATE OF ~yqL/,~,~ A)//'9 §
COUNTY OF &~ ~yt) ~ ~ ~
This instrument was acknowledged before me on the ~day o~
200~, by Kenneth E. ~uggles. Chie~ Financial Of~cer of Desea Coppell LLC, a Texas limited
liability company.
Not~y Public, State of
My Commission expires:
t ~ Los Angeles Coun~
~~mm. ~ims Jun 15
AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT FOR DFW TRADE CENTER BUILDING F - Page 11 44606
EXHIBIT A
STATE OF TEXAS:
COUNTY OF DALLAS:
WHEREAS DFW T~LtDE CENT~R~$LLMIIED PARINERSH/P,
o~r ora ~.513 acm ~:~ of I~ Ideated ~ ~e Cites of Grap~ne aha CoppeH, D~]I~ Co~,
Text, si~ ~ ~e B.B.B. & C.kR. Company S~, Ab~ac: No. 1772,
acre ~t of ~d ~ ~s~d ~ dee~ to DFW T~de Cent~ ~ L~d P~p, e T~ limi~c~
P~p rg~dM ~ Volme 9625 I, Pa~e 03235 of~e Deed Rec~ ofDa~s C~, Tc~ md
be~ mor~ p~cul~ly ~sc~ed ~ follows:
CO~C~G ~c a "X" ~t on zop ofe~b at ~c ~our~rlymost comer cup point a~ ~e ~t~rsec~on of
the n~e~mrly l~e ofFreepog P~k~y ~afiabl~ ~fl~ ~r-of-Way - Per P]~ r::~ded ~ Vol~c
96040, Page 2864 of~: ~p ~co~ ofD~l~ Co~*, Texas) ~ ~e southerly l~e of PaYor
~ve ~le ~4~h ~t-of-Way at ~ po~t. Per Plat ~corded ~ Volvo 97167, Page 3012 of~e
~P ~e~ ofDaU~ Co~u, Te~ ~d ~o ~:~cd in Cabi~t N, Slide 27S of~e Pla~ Records of
De~ron Co~. T~);
~NCE N 03 ~ 46'23" W, dopes ~e no~h~rly 1~ of said F~
~ly ~ ofs~d PaYor Drive ~ smd comer cup, a ~m~ce of 28.37 f~
~c po~t ~ ~e sou~ea~ ~e ofs~d Pa~ot D~ve (60' ~-of-Way at ~$ point};
~~ N 41:03'38" ~, cogging ~oag the southeast l~e ofaa{d P~ot Dfiwe, a ~st~e of 509.~
feet :o a 1~" kon rod s~ at ~ PO~ ofBEG~G of~c her~n ~s~bcd ~a~ of lam&
~CE ~o~ ~ ~ou~,as{, ~ou~ ~%4 ~oud~w~t ~c of ~aid Pat~*io~ Dr'irc
~ ~1 ~03'38" E, a ~s~c of 51.06 feec to a 1/2" ~ rod set at ~e poi=t of c~a~ ora
No~a~t~fy, ~o~ said c~l~ c~ to th~ le~, ~ou~
arc ~ce of 203.33 ~ a~d ~%4ng z chord that bears N 34 ~02'33" E, 202.83 f~:l to a
1~" ~n rod set at ~e po~t of t~cy;
N 27 ~0 ]'2g'' E, a ~st~, of 9.06 feet ~ a 1/2" ~on rod set ~: ~c po~ ofc~a~e ofm
c~ c~e ~o ~e ~, kavM8 a ra~ of 770.00 feet;
No~terly, ~o~ said c~l~ c~e to ~ dghz, t~ou~
~c dialect of 188.63 fee~, and ha~g a chord ~t beam N 34:0~'33" E: 188.16 feet ~o a
1~" ~n rod s~ ~r ~ point of~gency;
N 41 =03'38" E, ~ ~ne~ of 1,020.25 feet to a 1/2" ~on rod seq
N 86 08~0 E, a dist~ce of282~ fee~ :o a I~" iron rod
S 48~46'17" E, a ~st~c~ of 24.1~ fee: to a 1/2" ~on rod ~ct
~c~ c~ to ~e fi~t, having a m~us of 770.00
$cu~easrerly, alorig said circular curve to
arc distance of 479.2t feet, and haviu~ a chord that bears S 30°56'30'' E, 471.$3 feet to a 1/2"
i~on rod set at thc puLut of reverse curvaturc ora circular curve to due left havLug a radius of
830,00
$outh=a~teu'ly, along said =irc:d= curve to the left, througi:~ i ceutral aui{ie of 17°29'43'', an
arc disutuce u£ 253.44 f~et, aud havLu{{ a chord that bears S 21 ~ ~ 1'3 ~" ~, 2 ~2.46 £ect to a 1/2"
iron rod sgt;
Tt-IENCE depari~u{ the ~ou~llwes! lille of said Pat'rioi Drive, ~aversin§ rJ~ aformaneutioned DFW Trade
Limited Part=orship tract th~ following:
S 59'23'34" W, departlrig radial co Uhe yr~vious drcular curve to d~e left, m disu,~c of 15.00
feet to a I/2" iron rod set;
S 41 ' 03'38" W, a cliscarice of 1,213.1 ? feet to a 1/2" ilo n rod seq
N 4~'56'22" W, a distaucm of 662.71 t'e~ :o the POIiNT of BEGI3CN]~O, and ¢oatmiaing
980,/586 squar~ f~=~ or 22.~13 acres ofla=d.
T H E C ! T Y 0 F
C-OPP-ELL
AGENDA REQUEST FORM
* ~'~'~"~?-, ~'~~~CITY COUNCIL MEETING: necemberll 2001 ITEM# !!
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1193, Grandy's Restaurant, zoning change request from C (Commercial) to
C-S.U.P.-l193 (Commercial, Special Use Permit-Il93), to allow the operation of an approximately 3,000
square-foot restaurant on 1.39 acres of property located at the northwest comer of Denton Tap Road and
Fitness Court (North Texas Court).
SUBMITTED BY: Gary L. Sieb '
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: November 15, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell,
McGahey, Halsey, Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
^*'"-~ ~*~:-: ...... " (CONDITION MET)
presence ............ e, .....
p.....,4.. ........,4 ......... , ....,-u~ o,-,.-.~4 ........,-.- ....... t ....~ (CONDITION MET)
· u.~ ,~....c ,u.~ u..:~a:.... (CONDITION MET)
~¢ ......... ;~, ~, .... ., .~o; .... .o u .... (CONDITION MET)
5) Substitute or provide additional shrubs along the south side of the retaining wall
that will provide a solid landscape screen (i.e. Nellie R. Stevens or Dwarf Burford
Holly).
, ....a .u. ,~..a ......,~.. (CONDITION MET)
7) Hours of operation shall be limited to 6 a.m. to 10 p.m. seven days a week.
Staff recommends approval.
DIR. INITIALS: e~vi~ FIN. REVIEW:~ CITY MANAGER REVIEW:~
Agenda Request Form 5/00 ~S 1193gr
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO: S-1193 Grandy's Restaurant
P & Z HEARING DATE: November 15, 2001 (Originally heard September 20, 2001)
C.C. HEARING DATE: December 11, 2001
STAFF REP.: Andrea Roy, City Planner
LOCATION: At the northwest comer of Denton Tap Road and Fitness Court
(formerly North Texas Court)
SIZE OF AREA: A 2,866 square-foot Grandy's restaurant (with drive-thru) on a
portion of 1.39 acres of property.
CURRENT ZONING: C (Commercial)
REQUEST: C-S.U.P. (Special Use Permit-1193 approval for a restaurant)
APPLICANT: Applicant: Architect:
Harry & Kathryn King Wainscott & Associates
d/b/a KAKI Enterprises, Inc. Mark Wainscott
3616 Austin Court 16775 Addison Rd., Suite 360
Flower Mound, TX 75028 Dallas, TX
Phone: 214-513-1520 Phone: 972-447-9119
Fax: 972-691-6396 Fax: 972-447-9110
HISTORY: The subject request was heard by the Planning & Zoning Commission
on September 20, 2001, at which time the applicant requested the
case be continued until November 15, 2001, allowing additional time
to remedy the outstanding issues. A preliminary plat for this site, and
the remainder of the Denton Tap Development, was approved by City
Council on August 12, 1997; however, a final plat for the property
was never filed for consideration. A request for minor plat approval
has been made in conjunction with the subject site plan request.
Page 1 of 4
Item# 4
TRANSPORTATION: Denton Tap Road is an improved six-lane divided thoroughfare (P6D)
contained within a 100'-wide right-of-way.
SURROUNDING LAND USE & ZONING:
North - Town Center West Shopping Center, PD 178R-C (Commercial)
South - Taco Bell, C-S.U.P 1034 (Commercial-Special Use Permit)
East - retail center under construction, TC (Town Center)
West - vacant, C (Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
neighborhood retail.
DISCUSSION: The' applicant is requesting Special Use Permit approval for the
development of a 2,866 square-foot freestanding Grandy's restaurant with
drive-thru facility, located on 1.39 acres of property. The restaurant will
be served by 39 parking spaces, well exceeding the minimum required 29
spaces. The applicant has designed the site to utilize only 1.097 acres,
reserving the westernmost .293 of an acre for future development to the
west. The current project complies with all setback and area requirements
within the 1.097-acre portion. The only modification to the plan as a
result of preserving the western area, is the placement of the required
perimeter trees well inside the property line. Staff has no objection to the
placement of the trees along the west phase line, as the required landscape
buffer between properties is provided. All other interior, non-vehicular,
and perimeter landscape requirements have been met.
As stated above, the subject request was originally heard by the Planning
& Zoning Commission in September; however, no action was taken as the
applicant requested a continuation until he could resolve the outstanding
issues. Since that time, the applicant has significantly revised the site
plan, eliminating the future building pad site, decreasing the level of
pavement, providing the required level of landscaping, and improving the
efficiency of the site.
The original design proposed to locate the Grandy's restaurant toward the
northern portion of the site and the future building site on the southem
portion of the site, closest to Fitness Court, screening the Grandy's drive-
thru facility from a public right-of-way (Fitness Court). The revised plan
eliminates the proposed future building, placing the Grandy's restaurant
and drive-thru (on the south side of the building) closer to Fitness Court.
Staff suggested the applicant mm the building, placing the drive-thru
toward the rear of the site, but the applicant indicated that this change
would detrimentally impact the project. Typically, staff would not support
Page 2 of 4
Item # 4
the design of a drive-thru in such close proximity to a public street;
however, the applicant has provided substantial landscaping, set the
building back approximately 45', and utilized the grade change on the
southern portion of the site to provide a retaining wall that will aid in
screening the drive-thru facility. It has been represented to staff that the
grade change will provide approximately 3 to 3 ½ additional feet of
screening, on top of which landscape screening materials will be placed;
however the precise height has not been confirmed. To ensure adequate
screening of the drive-thru, staff has recommended that the applicant
substitute or provide additional shrubs along the south side of the retaining
wall that will provide a solid landscape screen (i.e. Nellie R. Stevens or
Dwarf Burford Holly). While a grading plan has been provided, it shows
only existing grades and not those which will exist as a result of site
development. Staff has recommended that a grading plan, showing
proposed grades and taking into consideration the presence of the
retaining wall, be provided.
At the request of staff, the applicant has revised the building signage,
addressing some of staff concerns. The size of the front building wall sign
has been reduced from approximately 42 square-feet to 30 square-feet,
bringing the sign into scale with the building. While interpretation of the
Zoning Ordinance indicates that the front building wall sign is in
compliance, the placement of the sign continues to raise some staff
concern, as it is placed extremely high on the front building wall.
As a result of the drive-thru being moved closer to the street, the sign
previously located on the south wall has been relocated to the north wall,
providing two wall signs on the north elevation. Staff questions the need
for two signs on the same wall, particularly on a side elevation. Staff has
recommended that only one sign be permitted on this elevation, in
compliance with the requirements of the Zoning Ordinance and
constructed of the same materials, color, and design as currently shown.
All proposed attached signs are white channel letters reading "Grandy's".
The proposed monument sign has been designed in a manner similar to
the existing Sonic monument sign, with non-illuminated black lettering on
a neutral cast stone background.
The building will primarily be constructed of burgundy brick, with accent
bands of"glacier white" (cream) brick. The roof system is a flat roof with
parapet wall, providing a standing seam metal roof/canopy around the
perimeter of the building. The building height will measure
approximately 18' to the top of the parapet and 21' to the top of the
highest entry feature (cupola). The applicant has indicated that the
parapet wall beyond the standing seam metal canopy will be constructed
of E.I.F.S., painted to match the brick. The applicant has requested the
construction ofE. I.F.S in this location because it is lighter in weight than
Page 3 of 4
Item ti 4
brick, which would require additional supports. Staff is concerned that the
paint color on the E.I.F.S would become a maintenance issue, as the
darker colored paints are known to fade in an uneven manner on this
material. Staff would recommend that the brick material be extended to
the parapet wall and the E.I.F.S be eliminated.
Additionally, the proposed standing seam metal canopy is shown to
contain white accent stripes at the comers of the building and drive-thru.
This design is not recommended by the C.I.V.I.C Report nor supported by
staff, as its intention is to draw attention to the building as advertisement.
Staff has recommended that the stripes be eliminated and one continuous
color (green) be provided.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the request for Special Use Permit-Il93, Grandy's
Restaurant, subject to the following conditions:
1) Provide a grading plan, showing proposed grades and taking into consideration the presence
of the retaining wall.
2) Eliminate the white (regal white) accent stripes at the comers of the building, providing one
continuous color on the standing seam metal canopy (green).
3) Substitute brick for the proposed E.I.F.S. material along the top of the building.
4) Eliminate one building wall sign on the north building wall and provide one sign in
compliance with the requirements of the Zoning Ordinance, constructed of the same
material, color, and design, as shown.
5) Substitute or provide additional shrubs along the south side of the retaining wall that will
provide a solid landscape screen (i.e. Nellie R. Stevens or DwarfBurford Holly).
6) Remedy inconsistency between number of parking spaces shown on the site plan and the
landscape plan.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Hold Special Use Permit under advisement
ATTACHMENTS: 1) Site Plan (Sheet A-l)
2) Floor Plan (Sheet A-2)
3) Building Elevations (Sheet A-3, A-3.1)
4) Landscape Plan (LP-1)
Page 4 of 4
Item # 4
T H E C i T Y O F
C-OPiSELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11, 2001 ITEM # /~
ITEM CAPTION:
Consider approval of the Grandy's Addition, Lot 1, Block 1, Minor Plat, to allow the development of an
approximately 3,000 square-foot restaurant on 1.39 acres of property located at the northwest comer of
Denton Tap Road and Fimess Court (North Texas Court).
SUBMITTED BY: Gary L. Sieb-
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: November 15, 2001
Decision of P&Z Commission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell,
McGahey, Halsey, Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
(CONDITION MET)
(CONDITION MET)
Staff recommends approval.
DIR. INITIALS: ?~~ FIN. REVIEW:d~ CITY MANAGER REVIEW~
Agenda Request Form - Revised 5/00 @GmdyMP
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Grandy's Addition, Lot 1, Block 1,
Minor Plat
P & Z HEARING DATE: November 15, 2001 (Originally heard September 20, 2001)
C.C. HEARING DATE: December 11, 2001
STAFF REP.: Andrea Roy, City Planner
LOCATION: At the northwest corner of Denton Tap Road and Fitness Court
(formerly North Texas Court)
SIZE OF AREA: Approximately 1.39 acres of property.
CURRENT ZONING: C (Commercial)
REQUEST: Minor Plat approval for the development of a 2,866 square foot
Grandy's restaurant.
APPLICANT: Applicant: Architect:
Harry & Kathryn King Wainscott & Associates
d/b/a KAKI Enterprises, Inc. Mark Wainscott
3616 Austin Court 16775 Addison, Rd., Suite 360
Flower Mound, TX 75028 Dallas, TX
Phone: 214-513-1520 Phone: 972-447-9119
Fax: 972-691-6396 Fax: 972-447-9110
Surveyor:
Lane's Southwest Surveying, Inc.
2717 Motley Drive, Suite B
Mesquite, TX 75150
Phone: 972-681-4442
HISTORY: The subject request for minor plat approval was originally heard
and denied by the Planning & Zoning Commission on September
20, 2001, due to a request for continuation until November 15,
2001. There is no prior platting history on the proposed site. A
Page 1 of 3
Item # 5
preliminary plat for this site and the remainder of the Denton Tap
Development site was approved by City Council on August 12,
1997. However, a final plat for the subject property was never
submitted.
TRANSPORTATION: Denton Tap Road is an improved six-lane divided
thoroughfare (P6D) contained within a 100'-wide right-of-way.
SURROUNDING LAND USE & ZONING:
North -Town Center West Shopping Center, PD 178R-C (Commercial)
South -Taco Bell, C-S.U.P-1034 (Commercial-Special Use Permit)
East - retail center under construction, TC (Town Center)
Wesi- vacant, C (Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
neighborhood retail.
DISCUSSION: In conjunction with the request for Special Use Permit approval (S-
1193, Grandy's), the applicant is also requesting Minor Plat
approval for a 1.390-acre portion of unplatted property located at
the northwest corner of Fitness Court and Denton Tap Road. The
proposed plat indicates all frre lane/mutual access easements and
other development related easements.
The proposed plat shows the existing utility easement which
extends from Fitness Court and ends toward the middle of the site;
however, it is no longer needed and additional information on this
easement must be provided. Staff has requested that a note be
placed on the plat indicating the volume and page (Vol. 98118, Pg.
00037) of the existing easement and that it will be abandoned by
separate instrument. Additionally, the Lot and Block number
should be shown within the Title block of the plat.
A 10' water easement has recently been added to the plat in
conjunction with the utility plans; however, the width of the
easement must be increased to 20'.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Grandy's Addition Minor Plat, subject
to the following conditions:
Page 2 of 3
Item # 5
2) Provide a note on the plat indicating the volume and page (Vol. 98118, Pg.
00037) of the existing utility easement which extends from Fimess Court and
ends toward the middle of the site and that it will be abandoned by separate
instrument.
3) Increase the width of the proposed 10' water easement to 20'.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request.
3) Recommend modification of the request.
ATTACHMENTS:
1) Minor Plat (Lot 1, Block 1, Grandy's Addition)
Page 3 of 3
Item # 5
F
C-OPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11, 2001 ITEM # ]..~
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1196, Chili's Restaurant, zoning change request from TC (Town Center) to
TC-S.U.P.-l196 (Town Center, Special Use Permit-1196), to allow the operation of an approximately 3,700
square-foot restaurant with private club to be located in the retail center under construction at 130 N. Denton
Tap Road, approximately 160 feet south of Town Center Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: November 15, 2001
Decision of P&Z Commission: Approved (6-0) with Commissioners Clark, Kittrell, McGahey, Halsey,
Dragon and Stewart voting in favor. Commissioner McCaffrey was excused because of a conflict of interest.
Approval is recommended, subject to the following conditions:
or-c-r-em~. (CONDITION MET)
· 5. ..... .u ....."*-' ':-~ (CONDITION MET)
~o ,^ ,~.~ u~:.u, ~.~ -~,~..:~ ~r,~. ..... - ........ ~ :. *~':~~'~ (CONDITION MET)
4) The hours of operation being limited to Sunday through Thursday 11 a.m. to
11 p.m. and Friday and Saturday 1 1 a.m. to midnight.
5) The development of this property shall be in accordance with the revised
site plan, elevations, floor plan and sign plan, as revised.
Staff recommends approval.
DIR. INITIALS:~ FIN. REVIEW~ CITY MANAGER REVIEW:~
Agenda Request Form~z Revised 5/00 @S1196Ch
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO: S-1196, Chili's Restaurant
P & Z HEARING DATE: November 15, 2001
C.C. HEARING DATE: December 11, 2001
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 130 North Demon Tap Road, approximately 160 feet south of
Town Cemer Drive
SIZE OF AREA: An approximate 3,700 square-foot restaurant with private club
CURRENT ZONING: TC (Town Cemer)
REQUEST: TC-S.U.P.-1196 (Town Center, Special Use Permit-1196 approval
for a restaurant and private club)
APPLICANT: Applicant: Owner:
Karin Sumrall Kris Silverthom
Chili's Grill and Bar Too 8150 North Central, Suite 645
6820 LBJ Freeway, Dallas, Texas 75206
Dallas, Texas 75240 214-373-0100
972-770-5860 FAX 214-373-0123
FAX: 972-770-9467
HISTORY: In May of 2000, the City Council approved both a Site Plan and
Minor Plat for this property. The Site Plan allowed for the
development of a 15,300 square foot retail center. Since the
original submittal, minor modifications have been approved to the
site plan that eliminated the double drive-through lanes for a
cleaning facility to be replaced with additional landscaping and
parking and the relocation of the dumpster.
Page 1 of 4
Item # 7
TRANSPORTATION: Denton Tap Road is an improved six-lane divided thoroughfare
(P6D) contained within a 100' wide right-of-way at this location.
Town Center Boulevard is an access street with 28 feet of right-of-
way adjacent to this tract.
SURROUNDING LAND USE & ZONING:
North- Comerica Bank; TC (Town Center)
South- Wendy's Restaurant; TC (Town Center)
East - YMCA; TC (Town Center)
West - vacant and the Market at Town Center Shopping Center;
C (Commercial and PD-178-C)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
neighborhood retail uses.
DISCUSSION: This request is to allow for a 3,700 square-foot Chili's Grill and Bar Too
restaurant to be located in the retail center which is currently under
construction at 130 N. Denton Tap Road. The restaurant is proposed to
have 128 seats, which will include a combination of booths and table
seating. The proposed hours of operation are Sunday through Thursday
11 a.m. to 10 p.m. and Friday and Saturday 11 a.m. to 11 p.m.
Signage permitted for this restaurant is based on the linear frontage on a
dedicated street. This restaurant will have approximately 50 feet of
frontage on Denton Tap, and the proposed sign is to be 42 square feet. Per
the signage criteria approved with this site plan, all lettering should be
"fresco cream" channel letters with bronze trim cap and returns. The sign
details for this restaurant indicate the letters are to have "fresco cream"
acrylic faces, but these letters are proposed to be internally illuminated
with red neon. The internal illumination for the letters should be limited
to white or cream. The actual chili pepper portion of the sign is proposed
to be red and green, which is in keeping with the company's logo.
As discussed in the HISTORY section, this site plan was approved in May
of last year. Since that time, the tenant mix has changed. This has
necessitated minor revisions to the site plan. The first change was the
elimination of the double drive through which was proposed to serve a dry
cleaner along the north end of the building. This elimination allowed for
an increase in the landscaping and six additional parking spaces. These
parking spaces are required to support this size of restaurant and allow for
the balance of the center to be leased for retail uses. Ninety-three
parking spaces are currently being provided, 37 of which will be to fulfill
Page 2 of 4
Item # 7
the requirement for Chili's Too. The remaining 56 spaces will serve the
11,200 square feet of retail.
The other revisions to the site plan include the relocation of one dumpster
and the addition of another. The approved site plan indicated a dumpster
in the parking island in the southern portion of the property facing the
building. This dumpster has been relocated to the southern property line,
with the opening facing north. The screening wall for this dumpster will be
the extension of the milsap stone retaining wall along this property line.
Chili's is requesting to have a service yard, as well as an additional
dumpster to serve this restaurant. The service yard is proposed to be
approximately 180 square feet plus a 120 square-foot dumpster pad, which
will be located adjacent to the east wall of the building. Although not
specified on the plans, it is staWs understanding that the walls for the
service yard will be of the same materials as the main structure. The
materials and height of the walls and the dumpster enclosure need to be
specified on the plans, as this location and design is critical to the overall
appearance of the center.
Staff is concerned about the visibility of this dumpster from Town Center
Boulevard. Staff discussed with the applicant the possibility of utilizing a
more enclosed structure, which would contain two smaller roll-out
dumpsters. It appears from the resubmitted site plan that the applicant has
opted for the standard dumpster with gates. This raises staff concern. This
service area/dumpster location also would require a deviation to the
Landscape Ordinance, due to a deficiency in the size of the landscape
islands as required at the ends of the rows of parking. Landscape islands
are required to be a minimum of 150 square feet. Approximately 105
square feet of landscaping is shown on the south side and approximately
110 square feet on the north side of this dumpster/service area. A more
remote dumpster location would actually be most desirable.
Also submitted is a portion of a revised landscape plan that indicates the
live oak trees as approved on the initial landscape plan, as well as one
additional tree (assumed to be a Live Oak) in the island where the
dumpster was previously. Staff suggests that this service/dumpster area t~e
reconfigured to be less visible from Town Center Boulevard. In the event
that this cannot be accommodated, consideration should be given to
revising the landscape plan to replace the proposed Live Oak trees with
trees which would provide a better visual screen.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Case No. S-1196 for this restaurant and
private club, subject to the following conditions:
Page 3 of 4
Item # 7
1) Revision of the internal illumination for the attached sign from red to white
or cream.
2) Specification of the height of the milsap stone dumpster enclosure along the
southern property line.
3) Reconfiguration, relocation and/or increase in landscape screening for the
dumpster/service area, as well as providing additional specification as to the
height and materials of the walls proposed in this area.
4) The hours of operation being limited to Sunday through Thursday 11 a.m. to
10 p.m. and Friday and Saturday 11 a.m. to 11 p.m.
5) The development of this property shall be in accordance with the revised site
plan, elevations, floor plan and sign plan.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS: 1) Site Plan
2) Floor Plan
3) Front Elevation with Sign Detail
4) Portion of Site Plan with an enlargement of Chili's Service Yard
5) Portion of Revised Landscape Plan
Page 4 of 4
Item # 7
'
L ................... J L ................... J L ...................
so'-8 ~/4' 1
FLOOR'PLAN AREA OF RESTAURANT: ~,700 SF
SEATING COUNT: 128
HOURS OF OPERATION: SUN-THURS 11 AM TO 11 PM
NOT TO SCALE FRI-SAT 11 AM TO MIDNIGHT
SHE~ NUMBER
~ ~ ~30 N. DENTON TAP RD
- COPPELL, TEXAS
~ I
~,~oo~m~vme^w.PROJEC3': CHILI'S cc) reEF. 1 O0
~,~ ~x ~o~ SERVICE YARD
Fax 3~.~, JOB NO. 9950 1 of 1
DATE: 27 NOV. 2001
GAL. ^U~
PINE
(I)
HOLLY
12 - ~ ~AL,
~=oo¢.~,r,~,~,^,,..PROJECT:CHILI'S CDREF. 'J O0
~:~,.~x ~o~ SERVICE YARD-LANDSCAPE
214.361
Fax 3~1.9~X~, JOB NO. 9 9 5 0 1 of 1
DATE: 27 NOV. 2001
1' H E C I T Y 0 F
COPP-EI. JL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11, 2001 ITEM # ]~
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-133-HC-R3, Community Credit Union, zoning change request from PD-
133-HC (Planned Development-133, Highway Commercial) to PD-133-HC-R3 (Planned Development-133-
Highway Commercial, Revision 3) to allow the development of an approximately 6,000 square-foot financial
institution on approximately one-and-a-half acres of property located at the southwest 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: November 15, 2001
Decision of P&Z Commission: Approved (6-1) with Commissioners McCaffrey, Clark, McGahey, Halsey,
Dragon and Stewart voting in favor. Commissioner Kittrell opposed.
Approval is recommended, subject to the following conditions:
SITE PLAN:
1) Verification from TxDot that the driveway off S.H. 121 will be permitted,
and if a deceleration lane will be required to serve that driveway.
Staff recommends approval.
Agenda Request Form -~Revised 5/00 @PD 133HR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-133-HC-R3
COMMUNITY CREDIT UNION
P & Z HEARING DATE: November 15, 2001 (Originally heard October 18, 2001) _
C.C. HEARING DATE: December 11, 2001
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: At the southwest corner of S.H. 121 and Denton Tap Road.
SIZE OF AREA: Approximately 1.675 acres of property.
CURRENT ZONING: PD-133 HC (Planned Developmem-133-Highway Commercial)
REQUEST: PD-133-HC-R3 (Planned Development-133, Highway
Commercial, Revision 3) to construct an approximately 6,000
square-foot financial institution.
APPLICANT: Applicant: Architect:
Community Credit Union Gary Weeter, PGAL
2101 Custer Road 3131 McKinney, Suite 500
Plano, Texas 75075 Dallas, Texas 75204
972-758-1560 214-880-0100
FAX: 469-467-1015 FAX: 214-880-9689
HISTORY: This property was zoned PD-Highway Commercial in the mid-
1990's as part of an 87 acre tract zoned for single family and flood
plain/park uses. The initial application for this PD indicated single
family for the areas adjacent to S.H. 121 and Denton Tap Road.
However, Highway Commercial zoning was ultimately established
on this tract to provide a buffer between the residential and the high
traffic intersections.
Page 1 of 6
Item # 6
On February 17, 2000, the Planning and Zoning Commission
recommended denial of a request for a Special Use Permit for a
Burger King restaurant on a 0.92 acre tract, south of the retail
center under construction on Denton Tap Road. This request was
not appealed to the City Council.
On May 9, 2000, City Council approved a detail plan for a 15,600
square-foot retail building on approximately 2.1 acres of property
along Denton Tap Road, which abuts the current request area to the
south.
On October 18, 2001, the Planning and Zoning Commission held
this case under advisement to allow the applicant to redraft the
landscape plan, as well as to revise the building elevations.
TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided thoroughfare
contained within a 100-120 foot right-of-way. S.H. 121 will be
built to freeway standards within 450 feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North- S.H. 121 and vacant; HC (Highway Commercial)
South - retail center, under construction: PD-133 HC-R2
East - vacant and Denton Creek Elementary School and Middle School
North; HC and SF-7
West - Single-family, under construction; PD-133, Magnolia Park
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
regional retail uses.
DISCUSSION: This property is zoned PD-133-Highway Commercial. This request is to
attach a detail plan for a 6,000 square-foot financial institution on this
tract of land. The Highway Commercial zoning district is def'med in the
Zoning Ordinance as "intended primarily as a high intensity area
permitting a mixed use for office, commercial-retail, and highway
oriented uses...". Regional retail uses are also called for in this area in
the Comprehensive Plan to allow a variety of uses. The Plan also points
out that Denton Tap Road is a primary image zone, and as such, the
architectural design, signage, landscaping, and other physical
development forms need to be carefully designed.
The applicant proposes to develop a Community Credit Union with five
drive-through lanes and one ATM drive-through facility on this tract of
Page 2 of 6
Item # 6
property. While this use is in keeping with the vision for developmem at
this intersection, there are several technical issues which need to be
addressed prior to final site plan approval.
Site Plan
As stated, this request is for a credit union facility. To obscure the view
of the drive-through facility from the streets, this building has been
oriented towards the intersection, and the drive-through has been placed
in the rear of the property. The site plan includes 50 parking spaces,
which exceeds the requirement for this use by 30 spaces. The revised
site plan indicates 49 parking spaces. The applicant has stated that this
level of parking is required to serve the operational needs of the Credit
Union. The property will be accessed from two driveways, one off S.H.
121 and one off Denton Tap Road. Preliminary indications from TxDot
are that the driveway off S.H. 121 will be allowed; however, the
appficant needs to continue to work with TxDot to verify this fact and
determine if a deceleration lane will be needed.
The circulation around the building will essentially be one-way in the
rear and two-way in the front of the building. Staff is requesting
additional clarification as to the "traffic diverter" between the ATM lane
and the by-pass lane. Will this be raised concrete or striped? If it is
raised concrete, the applicant needs to demonstrate that this will not
inhibit the maneuverability of the parking spaces along the southern
property line. The revised site plan indicates a shortened raised
concrete portion of the island and striping of the remainder.
The parking spaces within this site appear to be 9' by 17', which is
permissible by ordinance if these parking spaces are abutting a landscape
area which includes an additional two feet of landscaping to allow for the
vehicle overhang. This additional two feet of landscaping appears not to
be provided along the southern property line, as well as abutting the
parking spaces adjacent to the building. Finally, a landscape island is
needed along the southern property line, at the western end of the row of
parking. This will necessitate the loss of one parking space; however,
given the excess of parking, this should not negatively impact this
facility. These revisions have been made on the resubmitted site plan.
The resubmitted site plan also indicates the revision to the building
footprint.
Landscape Plan
The Landscape Plan is the major concern with this request. While the
design appears to be visually pleasing and the area devoted to
Page 3 of 6
Item# 6
landscaping appears to be in general compliance with the Ordinance,
there are drafting and technical issues that need to be addressed. The
landscape plan, as drafted, is extremely difficult to review and evaluate.
Staff is requesting that a clean, well drafted landscape plan be submitted,
consistent with the site plan, with all calculations, plant list and
quantities included. It must be noted, however, that it appears the
revisions to this Landscape Plan will not significantly impact the layout
of the site plan. However, these issues need to be addressed prior to
forwarding this request on to City Council. The Landscape Plan has
been re-drafted. However, there are minor inconsistencies between the
caliper inches of the trees as stated on the landscape plan and those
identified on the plant list.
The amount of land devoted to landscaping appears to meet the
requirement for the three levels of required landscaping. The perimeter
landscaping is required to be 10 feet along the property lines and 15 feet
adjacent to streets. The width of perimeter landscaping along S.H. 121
is proposed to be 27 feet, with an additional 18 feet of parkway of S.H.
121 providing for 48 feet of green area adjacent to this future freeway.
Twenty-seven feet of landscaping is also provided along Denton Tap
Road. These areas contain a combination of meandering landscape
berms, over-story and ornamental trees, shrubs and flowers. However,
there are tree deficiencies in the perimeter areas along the southern and
western property lines. Specifically, three over-story trees are required
along the southern property line and one additional tree is required
within the 10-foot buffer area adjacent to the western property line. The
required number of trees are now provided.
Significant amounts of non-vehicular open space areas are being
provided on the north and south sides of the building, as well as a
corner/entry feature at the intersection. However, two of the proposed
plant materials within the non-vehicular areas are not on the City's Plant
Palette (Photenia and Japanese Yew). All plants are on the plant
palette.
Finally, the parking lot landscaping is deficient by 150 square feet and
one tree, due to an island being required at the western end of the
parking row along the southern property line. As stated, the loss of one
parking space (should not negatively impact this development. This
island has been provided and the parking count has been reduced by
one space.
Elevations
The Community Credit Union has a prototypical elevation, materials and
color scheme for their facilities. Most CCU's are a combination of gray
Page 4 of 6
Item # 6
and/or light color brick with turquoise as the main accent color. The
canopies over the drive-through lanes are typically well lit and
translucent, with the same turquoise color scheme. To address the
recommendations of the C.I.V.I.C. report, the facility proposed for this
location will generally utilize the standard building design, however the
color of the main brick has been changed to a red tone, with "wheat"
stone accent materials. The cupola/skylight is also typical in these
facilities to allow for additional natural light into the building. This
feature has been redesigned from a curved feature (similar to the Justice
Center) to a more rectangular shape, being constructed of the same
reddish brick with stone accents as the main structure. This feature will
not be visible from the intersection. The canopy over the drive-through
will also utilize the main red brick color with wheat accent bands,
eliminating the translucent material typical at CCU facilities. The glass
window and accents will be a combination of clear, gray tint and gray
frosted (sandblasted) glass. The side of the canopy which faces the
existing residential property will not have lights or signage.
Based upon discussion at the October Planning and Zoning
Commission meeting, the architecture of this proposed Community
Credit Union has been redesigned. An entry feature "rotunda" with
arched entryway has been added facing the intersection. This feature
will be constructed of a smooth, wheat stone material and a rough
wheat stone will be used along the base of the building. The windows
have been redesigned to include arches and are inset in the building.
An anodized brown mansard slate type roof has also been added. The
mansard roof and the main brick color has been continued on the
canopy over the drive-through.
Although the architect has spend time on this redesign, the mansard
roof feature appears a bit "awkward". At this point, however, staff
does not have a reasonable alternative solution. Perhaps discussion at
the Commission meeting will lead to an agreeable design.
The signage will be limited to the individually mounted logo and channel
letters, all white in color. The monument sign, located close to the
intersection, will be 40 square feet in size and will utilize the same
building materials as the main structure. Finally, the required screening
wall adjacent to the residential area will be the same height (s/x feet) and
materials as those approved for the retail center abutting to the south.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
While staff is supportive of this use and the general design of the site, building
and the landscaping, staff is recommending that this case be HELD UNDER
ADVISEMENT until the plans have been revised to address the following
conditions:
Page 5 of 6
Item # 6
Staff is recommending APPROVAL of the revised site plan, landscape plan, and
elevations, subject to the following conditions:
SITE PLAN:
1. Verification from TxDot that the driveway off S.H. 121 will be permitted, and
if a deceleration lane will be required to serve that driveway.
LANDSCA~PE PLAN:
1. Rectify the inconsistencies between the caliper inches of the trees as stated
on the landscape plan and those identified on the plant list.
ELEVTIONS:
1. Endorsement of the revised design with perhaps some modification to the
mansard roof design.
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) Engineering Comments
2) Rendering
3) Revised Site Plan
4) Revised Landscape Plan
5) Revised Elevations
Page 6 of 6
Item # 6
T H El C I T Y 0
AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11, 2001 ITEM #
ITEM CAPTION:
Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan, to allow the development of an
approximately 10,100 square-foot retail building on approximately one-and-a-half acres of property located at the
southeast comer of S.H. 121 and Denton Tap Road, at the request of Enoch, Inc.
SUBMITTED BY: Gary L. Sieb'
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: November 15, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell,
McGahey, Halsey, Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
(CO~ITION ~
~)
_v ................. . .... (CO~ITION ~T)
Staff reco~ends approval.
~VIEW:
DIR. ~IT~S F~. ~EW: ~ CITY ~AGER
Agenda Request Fo~ -~ev~ed 5/00 ~D~sWS
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Dynas ,ty Cleaners Addition, Lot 1, Block
Site Plan
P & Z HEARING DATE: November 15, 2001 (Originally heard by P&Z August 16, 2001.
Again heard on October 18, 2001)
C.C. HEARING DATE: December 11,2001
STAFF REP.: Andrea Roy, City Planner
LOCATION: Southeast comer of S.H. 121 and Denton Tap Road
SIZE OF AREA: Approximately 1.606 acres of property.
CURRENT ZONING: HC (Highway Commercial)
REQUEST: Site Plan approval for a 10,075 square-foot retail builchng.
APPLICANT: Engineer: Applicant:
Jared Jackson Choi Dynasty Inc.
Enoch, Inc. 1219 Jeanett Way
10203 Corkwood, Suite 110 Carrollton, TX 75006
Dallas, TX 75238 (972) 446-8843
(214) 882-1058 (214)341-2982 FAX
(214) 341-2982 FAX
HISTORY: On August 16, 2001, the Planning & Zoning Commission denied the
subject site plan request for a retail center, due to a significant
number of outstanding issues. The applicant appealed to City Council
on September 11, 2001, at which time the applicant withdrew their
request. More recently, on October 15, 2001, the Planning &
Zoning Commission held the site plan request under advisement to
allow the applicant to make needed changes to the plar~ There has
been no platting history on the subject site. The Final Plat for the
adjacent Jack in the Box site was approved by the Planning & Zoning
Commission on July 20, 2000.
Page 1 of 7 Item # 9
TRANSPORTATION: State Highway 121 will eventually be built as a six-lane divided
freeway. The subject tract is adjacent to the eastbound one way,
three-lane service road of this highway, as well as adjacent to the
northbound lanes of Denton Tap Road, which is a six-lane divided
roadway, within 120' of right-of-way.
SURROUNDING LAND USE & ZONING:
North- State Highway 121
South - Vacant; HC (Highway Commemial) zoning
East - Jack in the Box, HC-SUP- 1176 (Highway
Commercial Special Use Permit-1176)
West - Vacant; Magnolia Retail Center under construction,
HC-PD 133 (Highway Commercial Planned
Development- 133)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
regional retail uses.
DISCUSSION: As mentioned in the History section, the subject application was
recommended for denial by the Planning & Zoning Commission
on August 16, 2001 and later held under advisement on October
18, 2001. The applicant has chosen to revise the plan and bring the
request back to the Planning & Zoning Commission for review and
approval. Again, the applicant requests site plan approval to allow
the development of a 10,400 square-foot retail center on 1.6 acres
of property located at the southeast comer of S.H. 121 and Denton
Tap Road. As revised, the retail center will contain a 3,250 square-
foot dry cleaner, 3,900 square feet of retail uses, and the remaining
3,250 square-feet will contain a restaurant or additional retail uses.
Originally, the plan referenced a convenience store where the
restaurant use is now shown. The restaurant use will require a Special
Use Permit. The proposed retail center will be served by 71 parking
spaces, again exceeding the minimum requirement by two spaces.
The proposed plan has not been significantly altered from the prior
plan; however, the applicant has completely reconfigured the parking
layout, eliminated the drive-thru facility on the south side of the
building, and enhanced the landscape plan.
The applicant has revised the plan to correct the outstanding issues,
showing the proposed signage, correcting inconsistencies, and
revising the landscape plan. The plan has also been revised due to
the dedication of $' of right-of-way along $.H. 121, slightly shifting
the site and reducing the size of the building to 10,075 square-feet
The size of the proposed dry cleaners and retail/restaurant were not
reduced, but the central retail area was reduced from 3,900 to 3,$75
Page 2 of 7 Item # 9
square-feeL The number of provided parking spaces remains at 71,
with a surplus of 3 spaces.
Staff remains concemed with regard to the compliance with the
Comprehensive Plan, which supports "regional" retail uses in this
area. Dry cleaners and "neighborhood" retail uses were not
envisioned to be located at this comer. Staff does not object to a
regional retail use in this location; however, the proposed use placed
within our Primary Image Zone is not the contemplated impression
Coppell intends to reflect at this major entry into the City. While
many site plan issues have been resolved since the initial submission,
the intended uses remain the same.
Site Plan
As noted, some changes have been made to the layout of the site,
which allow for a more efficient parking lot design. Staff remains
concemed with the placement of a parallel parking space on the south
side of the building. This space is located on a mm, where an
individual would not expect vehicles to be pulling in or backing out.
Again, staff would recommend that this parking space be eliminated
to improve on-site circulation and safety. Elimination of the parking
space would not cause a deficiency in the parking, as the site contains
a surplus of two spaces. Staff remains concerned with the
placement of the parallel parking space; however, the applicant has
expressed the strong desire to maintain the space, indicating that it
will likely be utilized by the owner of the dry cleaners.
Due to the fact that the site is situated at the comer of two heavily
traveled roadways, no additional curb cuts would be permitted.
Access to the site is limited to the existing Jack in the Box mutual
access easement to the east and an existing off-site curb cut to the
south.
Architecture
The architecture of the retail center remains identical to that
previously shown, with the exception of the drive-thru facility. The
drive-thru has been eliminated and replaced with an awning and
windows that mirror that shown on the north side of the building.
The retail center will be one-story, measuring approximately 24' in
height and constructed of red brick with white brick accents. At the
request of staff, the architecture of the building has been altered from
the original submission. However, review of the architectural features
and additional attention to detail is still needed. The scale and/or
measurements shown on the building elevations do not correspond to
Page 3 of 7 Item # 9
the site plan. Again, staff recommends that the elevahons be revised
to match site plan documents. The applicant has provided a color
board, which indicates the building materials; however, two brick
colors are shown, option 1 and option 2. Staff has requested that the
applicant determine the brick color that is intended to be used as the
primary building material. The applicant has indicated the primary
brick color as option 2 (Rosemont).
The architecture of the building has been slightly revised since the
prior submission The applicant has provided a more pronounced
accent band (white brick) along the top of the storefronts and
provided vertical accent features (white brick) at both main
entrances to the retail center. The elevations have also been revised
to show that the front building wall contains bump-out& While it is
apparent, according to the elevations, that there is a variation to the
front building wall, this does not correspond to the site plan, which
indicates a straight building wall. Staff has recommended that the
applicant provide a roof plan to clearly indicate the pattern and
depth of bump-outs along the front building wall
Because the applicant has not determined the design of the signage
for the dry cleaning use, signage guidelines have been placed on the
plan. While staffhas no objection to the guidelines, it is preferrcd that
a specific user would show proposed signage, allowing for adequate
review and comment by the Planning & Zoning Commission,
particularly at this prominem location.
The applicant has now shown the attached wall sign for the Dry
Cleaners, which will be black plexiglass and measure 50 square-
feet. Additionally, a monument sign has been added to the plan,
fronting Denton Tap Road The proposed monument sign will
measure approximately 30 square-feet, constructed of red brick to
match the building, and contain letters reading "Dynasty Plaza"
(also proposed to be black plexiglass). The manner in which the
sign will be illuminated is not shown; however, according to the
note which reads "black plexiglass letter face-refer to signage
criteria this sheet", the sign would be back-lia Staff has
recommended that the sign be externally iilumlnated and the
applicant provide a note to this effect on the sign detail
Landscaping
While the landscape plan has been improved since the prior
submission, there continues to be unresolved issues that have not
been addressed by the applicant, nor discussed with staff. Staff. has
indicated to the applicant that required Perimeter trees must be
placed within the Perimeter buffer area (15' from the front property
lines). As a result of this comment, the applicant provided an
Page 4 of 7 Item # 9
alternative landscape plan that shifted some trees closer to the
property lines, but does not adequately address this comment. The
required number of perimeter trees have been correctly placed
within the 15' buffer area. While the grouping of some of the trees
is somewhat awkward, the number and general location is in
compliance with the regulations of the Zoning Ordinanc~
Additionally, the Department of Leisure Services has made comments
related to the plan, which have largely been disregarded by the
applicant. These comments are generated to improve the design,
quality, and viability of the proposed landscaping, particularly at the
gateway to the City. All Department of Leisure Services comments
should be addressed prior to proceeding.
The Department of Leisure Services indicated to the applicant that the
landscape plan is not sufficiently detailed. While the applicant has
provided the mount and type of species, the scale of the plan is
extremely small, the design and placement of screening shrubs is
misleading, the planting area at the comer is quite extensive, and in
general, additional attention to detail is needed on the plan. Overall,
the applicant needs to more clearly represent the design of the
landscaping. Specifically, Leisure Services indicated that Texas Sage
is a poor choice for a screening plant material and recommended that
Needle Point Holly or Dwarf Burford Holly be used instead. While
Texas Sage is listed on the City's Plant Palette, this plant is not
intended to be used in the manner in which it is proposed, as a
screening shrub. Staff would recommend that the applicant revisit
these areas of the landscape plan and consider the long-term
appearance of the proposed plantings.
Since the prior Planning & Zoning Commission Meeting, staff
initiated a meeting between the applicant, the Department of
Leisure Services, and Planning staff. During this meeting, staff
communicated our concerns with the landscape plan and discussed
the outstanding issues which needed to be addressed in order to
receive staff support. The applicant has revised the landscape plans
based on this meeting and the above comments, eliminating some
of the awkward planting beds, providing an additional level of
detail, and reducing the size of the seasonal planting bed
Further, the Landscape Plan does not comply with Section 34-5 of the
Zoning Ordinance, which states that "Landscaping Plans shall be
prepared by a landscape architect or landscape contractor that belongs
to a bonafide nurseryman's association." The landscape plans
continue to lack this verification. The reference to "P & E Nursery"
was placed on the plan with the prior Planning & Zoning submission
and the applicant has indicated that the plan will be signed by a
registered landscape architect with whom P&E Nursery consults.
This is not acceptable; staff has asked that the landscape plan comply
Page 5 of 7 Item # 9
with Section 34-5 of the Zoning Ordinance since the applicant's
initial submittal. If the plan has not yet been reviewed or signed by a
landscape architect, there is a strong possibility that when it is
reviewed by a landscape architect the plan will change. The
landscape plan has not yet been signed or sealed by a landscape
architect; however, a letter from a landscape arcMtect was provided
to staff two days after the submission deadline. This letter inth'cated
that the plans have been reviewed and approved by a landscape
architecL }Fhile staff is concerned that this requirement has not
been fully met, it should note that if any changes should occur to
the plan, full compliance with Section 34 of the Zoning Ortfl'nance
is required.
Conclusion
As discussed, staffdoes not object to a "regional" retail use; however,
a dry cleaners within a strip retail center is not a use which was
envisioned nor suggested by the Comprehensive Plan, for this
prominent intersection within Coppell. Staff remains concerned with
the proposed uses within the subject site and has stated such. With
regard to the site plan, the applicant has made some technical
improvements; however, there are issues which must be addressed
prior to final approval of the site plan. Inasmuch as there was no face-
to-face dialogue between the applicant and the Development Review
Committee (the applicant had a prior commitment), staff is at a loss
over whether this request can address our concems. Denton Tap Road
is a Primary Image Zone and the intersection of Denton Tap and S.H.
121 is a major gateway into the City from the north. The use and
structure placed on this site will set the tone for further development
in this area. It is for these reasons that staff'recommends that the case
be held under advisement until the applicant has revised the plans
accordingly.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff`recommends APPROVAL of the site plan request, subject to the following conditions
being met:
Page 6 of 7 Item # 9
7) Verify that a registered landscape architect or landscape contractor has prepared the
plan. According to Section 12-34-5 Landscape Plans, paragraph II, of the Zoning
Ordinance, a landscape architect or landscape contractor that belongs to a bonafide
nurseryman's association must prepare the submitted landscape plan. Provide a
landscape plan that has been signed/sealed by a registered landscape architect or
landscape contractor.
Il) Provide a note on the sign detail that indicates that the sign will be externally
illuminated
12) Provide a roof plan clearly indicating the bump-outs in the front building wall
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Hold case under advisement
ATTACHMENTS: 1) Site Plan
2) Landscape Plan
3) Elevations (2 sheets)
Page 7 of 7 Item # 9
T H E: C ! T Y 0 F
C-OPPEEE
AGENDA REQUEST FORM
* ~'.~'~'~T, * q~~%ITY COUNCIL MEETING: necemberll, 2001 ITEM# //~
ITEM CAPTION:
Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Minor Plat, to allow the development of
an approximately 10,100 square-foot retail building on approximately one-and-a-half acres of property located
at the southeast comer of S.H. 121 and Denton Tap Road.
SUBMITTED BY: Gary L. Sieb '
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: November 15, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell,
McGahey, Halsey, Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
,u....~.-~ ..,-, ...... a ........ uo~- (CONDITION MET)
2)
~. (CO~ITION MET)
Staff recommends approval.
DIR. INITIALS:~ FIN. REVIEW:d~ CITY MANAGER REvIEW~
Agenda Request Form - Revised 5/00 ~DynstyM
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Dynasty Cleaners Addition, Lot 1, Block 1,
Minor Plat
P & Z HEARING DATE: November 15, 2001 (originally heard by P&Z August 16, 2001.
Again heard on October 18, 2001)
C.C. HEARING DATE: December 11, 2001
STAFF REP.: Andrea Roy, City Planner
LOCATION: Southeast corner of S.H. 121 and Denton Tap Road
SIZE OF AREA: Approximately 1.606 acres of property.
CURRENT ZONING: HC (Highway Commercial)
REQUEST: Minor Plat approval for a retail center on a 1.606-acre tract.
APPLICANT: Engineer: Applicant:
Jared Jackson Choi Dynasty Inc.
Enoch, Inc. 1219 Jeanett Way
10203 Corlawood, Suite 110 Carrollton, TX 75006
Dallas, TX 75238 (972) 446-8843
(214) 882-1058 (214)341-2982 FAX
(214) 341-2982 FAX
HISTORY: On October 18, 2001, the Planning & Zoning Commission denied
the minor plat, as the corresponding site plan was held under
advisement. On August 16, 2001, the Planning & Zoning
Commission denied the minor plat and corresponding site plan
request for a retail center, due to a significant number of
outstanding issues. The applicant appealed to City Council on
September 11, 2001, at which time the applicant withdrew their
request. There has been no platting history on the subject site. The
Final Plat for the adjacent Jack in the Box site was approved by the
Planning & Zoning Commission on July 20, 2000.
Page 1 of 3 Item # 10
TRANSPORTATION: State Highway i21 will eventually be buik as a six-lane divided
freeway. Funding for the highway may be awarded as soon as
spring 2002. The subject tract is adjacent to the eastbound one
way, three-lane service road of this highway, as well as adjacent to
the northbound lanes of Denton Tap Road, which is a six-lane
divided roadway, within 120' of right-of-way.
SURROUNDING LAND USE & ZONING:
North- State Highway 121
South - Vacant; HC (Highway Commercial) zoning
East - Jack in the Box, HC-SUP-1176 (Highway
Commercial Special Use Permit-1176)
West - Vacant; Magnolia Retail Center under construction,
HC-PD133 (Highway Commercial Planned
Development- 133)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
regional retail uses.
DISCUSSION: The applicant requests minor plat approval to allow the
development of a 10,075 square-foot retail center on
approximately 1.6 acres of property located at the southeast
corner of S.H. 121 and Denton Tap Road.
Access to the site is limited to the existing Jack in the Box mutual
access easement to the east and an existing off-site curb cut to the
south. In reviewing the Minor Plat, it was discovered that the fire
lane connecting Jack in the Box to the subject site does not align
correctly. According to the applicant, the Jack in the Box fire lane
was not constructed properly and the placement of the proposed
fire lane does align with what is actually constructed.
The applicant must revise the right-of-way dedication notation
across Denton Tap Road to indicate the actual volume and page
number. Further, the applicant must also revise the notation for Lot
1, Block A of Magnolia Village, which indicates that the site has
not been recorded. The plat and right-of-way dedication were
recorded in July 2001.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Minor Plat, subject to the following conditions:
Page 2 of 3 Item # 10
1) Revise the right-of-way dedication notation across Denton Tap Road to indicate
the actual volume and page number.
2) Revise notation for Lot 1, Block A, Magnolia Village to indicate the volume and
page number.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Dynasty Cleaners Minor Plat
Page 3 of 3 Item # 10
F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: 12/11/01 ITEM #
ITEM CAPTION:
Consider approval of bid number Q-1001-02 for the expansion of the parking lot at MacArthur Park, in the
amount not to exceed $249,173.00, and authorize the City Manager to sign.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +k-BID $
FINANCIAL COMMENTS:
Funds for this contract are available in Park CIP and Park Development F~
DIR. INITIALS: FIN. REVIE CITY MANAGER REVIE
Agenda Request Form - Revised 5/00 Document Name: ^Macpark
T H E C I T Y 0 F
COPP-ELL
PARKS AND LEISURE SERVICES DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: December 7, 2001
To: Mayor and City Council
From: Gary D. Sims, ~LP, Director
Re: Consider Approval of Bid Number Q-1001-02 for the expansion of the parking lot
at MacArthur Park, in the amount not to exceed $24%173.00, and authorize the City
Manager to sign.
Background:
On November 27, 2001 the city received 13 bids for the expansion of the parking lot at
MacArthur Park. Vendors supplied bids for a base bid item, and three alternates. This
project includes the addition of 54 parking spaces at the south end of the parking lot, as
well as 56 additional parking spaces at the north end. The project will include additional
landscape and irrigation around the perimeter of the new lot, as well as in the new parking
lot islands.
The city entered into an agreement with The Church of the Apostles on April 25, 2000,
where by the city was allowed to install a parking lot on church property. This agreement
stipulated the parking lot would include 192 parking spaces. Phase 1 of the MacArthur
Park development included only 82 parking spaces due to funding constraints. The
addition of these 110 parking spaces will fulfill the city's agreement with The Church of
the Apostles.
This addition is important because of the situation created during evening baseball games
when attendance exceeded the amount of parking spaces available. People attending
baseball games have been forced to search for parking outside the designated parking lot,
and often utilized those spaces designated for the church.
There is currently $175,000.00 budgeted in Park Development Fees for the expansion of
the parking lot. It is proposed that the difference will be borrowed from undesignated
general funds to be paid back by Park Development Fees as they are collected.
City Council Action requested:
Award of bid number Q-1001-02 in the amoum not to exceed $249,173.00.
Staff Recommendation:
Staff recommends the award of the base bid and three alternates for a total of
$249,173.00, to Randal & Blake Inc..
T H £ C I T Y 0 F
C-OPP-EI E AGENDA REQUEST FORM
~ ~ . · CITY COUNCIL MEETING: December 11, 2001 ITEM #
ITEM CAPTION:
Consider approval of awarding Bid/Contract #Q-0901-04 for the construction of the Meadowcreek Drainage
Project to R-Con, Inc. in the amount of $129,782.00 as funded in the 1999 Capital Improvement Program;
and authorizing the City Manager to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Dir. of Engineering/Public Works
STAFF COMMENTS:
On October 30, 2001 the City of Coppell received and opened ten bids for the construction of the
Meadowcreek Drainage Project. The work consist of the extension of an existing 54" diameter pipe culvert
with 175 linear feet of box culvert between two houses along the south side of Meadowcreek Road and
drainage improvements necessary to provide for the local runoff. This project was originally identified in the
1991 City Wide Storm Water Management Study and was one of the top drainage projects identified for the
1999 Bond Election. My estimate of the construction cost for the 1999 Bond Election was $150,000.
R-Con, Inc. was the low bidder with a bid of $129,782. References have been checked and staff recommends
that Council award the project to R-Con, Inc. for the construction of the Meadowcreek Drainage Project in
the amount of $129,782.
Staff will be available to answer questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +k-BID $
FINANCIAL COMMENTS:
Funds are available in the Drainage CIP account for this project, k~t
DIR. INITIALS: lc/ FIN. REVIEW:(~ CITY MANAGER/REVIEW'.
Agenda Request Form - Revised 5/00 Document Name: #cng3
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F
C-OPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11 2001 ITEM # ~
ITEM CAPTION: Consider approval of a Resolution opposing any action by the Texas Transportation
Commission (TTC) to eliminate frontage roads from roadway projects being planned and requesting action by
the TTC to retain current cost participation guidelines for addition of frontage roads to existing roadways,
and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $ AMT EST $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW'~ CITY MANAGER REVIEW.~N
Agenda Request Form - Revised 5/00 Document Name: !Frontage
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, OPPOSING
ANY ACTION BY THE TEXAS TRANSPORTATION COMMISSION
(TTC) TO ELIMINATE FRONTAGE ROADS FROM ROADWAY
PROJECTS BEING PLANNED AND REQUESTING ACTION BY THE
TTC TO RETAIN CURRENT COST PARTICIPATION GUIDELINES FOR
ADDITION OF FRONTAGE ROADS TO EXISTING ROADWAYS.
WHEREAS, The Texas Transportation Commission (TTC) adoption of Minute Orders 108554
and 108545 on June 28, 2001 direct changes to the long-standing practice of construction of frontage
roads along major roadways and provision of access to abutting property; and
WHEREAS, Prior to adoption of said Minute Orders the TTC did not seek input from local
government, property owners, or the public and no studies were conducted to evaluate the impact of this
policy change on efficient land-use planning, mobility, safety, cost benefit, or economic development; and
WHEREAS, The City of Coppell supports increased funding to accelerate project development
and completion of major mobility improvements, recognizing the continued economic viability and
quality of life is at stake; and
WHEREAS, Many projects under development or in the planning phase in the TxDOT Dallas
District have moved forward with the expectation by local governments, property owners, and the public
that frontage roads would be part of the project; and
WHEREAS, The mobility and safety needs of urban roadways need to include provision of
frontage roads to address HAZMAT routes and efficient traffic flow; and
WHEREAS, Existing provisions for evaluation of frontage road construction and cost
participation as provided in Texas Administrative Code (TAC) Title 43, Rule 15.54 have served the State,
local governments, property owners, and the public in a sufficient manner thus far.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL THAT:
1. The City of Coppell opposes any change in policy by the TTC that would eliminate
provision of frontage roads on projects committed to or promised by TxDOT during the
planning process or where local governments have adopted land use and thoroughfare
plans based on expectations of frontage roads along controlled access roadways. The City
of Coppell urges that any controlled access projects designated as HAZMAT routes be
provided with frontage roads to address alternate routing of traffic if the roadway is closed
due to any incidents.
2. Prior to adoption of any rules changing the existing practice, the TTC should implement a
study to evaluate any true cost savings by not constructing frontage roads, including
efficient land-use planning, impact on right-of-way cost, construction, mobility, safety, and
economic development.
3. The City of Coppell feels the existing guidelines for evaluation of frontage road
construction and cost participation as provided in TAC Title 43, Rule 15.54 have been an
effective criteria and should be maintained.
4. This recommendation shall be communicated to all members of the Texas Transportation
Commission, TxDOT officials, House and Senate members, and other appointed and
elected officials for consideration and support.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
December, 2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, OPPOSING
ANY ACTION BY THE TEXAS TRANSPORTATION COMMISSION
(TTC) TO ELIMINATE FRONTAGE ROADS FROM ROADWAY
PROJECTS BEING PLANNED AND REQUESTING ACTION BY THE
TTC TO RETAIN CURRENT COST PARTICIPATION GUIDELINES FOR
ADDITION OF FRONTAGE ROADS TO EXISTING ROADWAYS.
WHEREAS, The Texas Transportation Commission (TTC) adoption of Minute Orders 108554
and 108545 on June 28, 2001 direct changes to the long-standing practice of construction of frontage
roads along major roadways arM provision of access to abutting property; and
WHEREAS, Prior to adoption of said Minute Orders the TTC did not seek input from local
government, property owners, or the public and no studies were conducted to evaluate the impact of this
policy change on efficient land-use planning, mobility, safety, cost benefit, or economic development; and
WHEREAS, The City of Coppell supports increased funding to accelerate project development
and completion of major mobility improvements, recognizing the continued economic viability and
quality of life is at stake; and
WHEREAS, Many projects under development or in the planning phase in the TxDOT Dallas
District have moved forward with the expectation by local governments, property owners, and the public
that frontage roads would be part of the project; and
WHEREAS, The mobility and safety needs of urban roadways need to include provision of
frontage roads to address HAZMAT routes and efficient traffic flow; and
WHEREAS, Existing provisions for evaluation of frontage road construction and cost
participation as provided in Texas Administrative Code (TAC) Title 43, Rule 15.54 have served the State,
local governments, property owners, and the public in a sufficient manner thus far.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL THAT:
1. The City of Coppell opposes any change in policy by the TTC that would eliminate
provision of frontage roads on projects committed to or promised by TxDOT during the
planning process or where local governments have adopted land use and thoroughfare
plans based on expectations of frontage roads along controlled access roadways. The City
of Coppell urges that any controlled access projects designated as HAZMAT routes be
provided with frontage roads to address alternate routing of traffic if the roadway is closed
due to any incidents.
2. Prior to adoption of any rules changing the existing practice, the TTC should implement a
study to evaluate any true cost savings by not constructing frontage roads, including
efficient land-use planning, impact on right-of-way cost, construction, mobility, safety, and
economic development.
3. The City of Coppell feels the existing gui&lines for evaluation of frontage road
construction and cost participation as provided in TAC Title 43, Rule 15.54 have been an
effective criteria and should be maintained.
4. This recommendation shall be communicated to all members of the Texas Transportation
Commission, TxDOT officials, House and Senate members, and other appointed and
elected officials for consideration and support.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
December, 2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
~-~?i:j~i~I2, AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 11,2001 ITEM # ~' !
CITY MANAGER'S REPORT
A. SB.1074. Racial Profiling.
B. Coppell Education Development Corporation Update.
CITY MANAGER'S REVIEW:
77(R) SB 1074 Enrolled version - Bill Text Page 1 of 6
1-1 AN ACT
1-2 relating to the prevention of racial profiling by certain peace
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-6 by adding Articles 2.131 through 2.138 to read as follows:
1-7 Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer
1-8 may not engage in racial profiling.
1-9 Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
1-10 (a) In this article:
1-11 (1) "Law enforcement agency" means an agency of the
1-12 state, or of a county, municipality, or other political subdivision
1-13 of the state, that employs peace officers who make traffic stops in
1-14 the routine performance of the officers' official duties.
1-15 (2) "Race or ethnicity" means of a particular descent,
1-16 including Caucasian, African, Hispanic, Asian, or Native American
1-17 descent.
1-18 (b) Each law enforcement agency in this state shall adopt a
1-19 detailed written policy on racial profiling. The policy must:
1-20 (1! clearly define acts constitutinq racial profiling;
1-21 (2) strictly prohibit peace officers employed by the
1-22 agency from engaging in racial profiling;
1-23 (3) implement a process by which an individual may
1-24 file a complaint with the agency if the individual believes that a
1-25 peace officer employed by the agency has engaged in racial 2-1 profiling with respect to the individual;
2-2 (4) provide public education relating to the agency's
2-3 complaint process;
2-4 (5) require appropriate corrective action to be taken
2-5 against a peace officer employed by the agency who, after an
2-6 investigation, is shown to have engaged in racial profiling in
2-7 violation of the agency's policy adopted under this article;
2-8 (6) require collection of information relating to
2-9 traffic stops in which a citation is issued and to arrests
2-10 resultinq from those traffic stops, including information relating
2-11 to:
2-12 (A) the race or ethnicity of the individual
2-13 detained; and
2-14 (B) whether a search was conducted and, if so,
2-15 whether the person detained consented to the search; and
2-16 (7) require the agency to submit to the governing body
2-17 of each county or municipality served by the agency an annual
2-18 report of the information collected under Subdivision (6) if the
2-19 agency is an agency of a county, municipality, or other political
2-20 subdivision of the state.
2-21 (c) The data collected as a result of the reporting
2-22 requirements of this article shall not constitute prima facie
2-23 evidence of racial profiling.
2-24 (d) On adoption of a policy under Subsection (b), a law
2-25 enforcement agency shall examine the feasibility of installing
2-26 video camera and transmitter-activated e~uipment in each agency law
3-1 enforcement motor vehicle reqularly used to make traffic stops and
3-2 transmitter-activated equipment in each agency law enforcement
3-3 motorcycle regularly used to make traffic stops. If a law
3-4 enforcement agency installs video or audio equipment as provided by
3-5 this subsection, the policy adopted by the agency under Subsection
3-6 (b) must include standards for reviewing video and audio
3-7 documentation.
3-8 (e) A report required under Subsection (b) (7) may not
3-9 include identifying information about a peace officer who makes a
3-10 traffic stop or about an individual who is stopped or arrested by a
3-11 peace officer. This subsection does not affect the collection of
3-12 information as required by a policy under Subsection (b) (6).
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77(R) SB 1074 Enrolled version - Bill Text Page 2 of 6
3-13 (f) On the commencement of an investiqation by a law
3-14 enforcement aqenc¥ of a complaint described by Subsection (b) (3) in
3-15 which a video or audio recordinq of the occurrence on which the
3-16 complaint is based was made, the agency shall promptly provide a
3-17 copy of the recordinq to the peace officer who is the subject of
3-18 the complaint on written request by the officer.
3-19 Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN
3-20 STOPS. (a) In this article:
3-21 (1) "Race or ethnicit¥" has the meaninq assigned by
3-22 Article 2.132(a).
3-23 (2) "Pedestrian stop" means an interaction between a
3-24 peace officer and an individual who is beinq detained for the
3-25 purpose of a criminal investiqation in which the individual is not
3-26 under arrest.
4-1 (b) A peace officer who stops a motor vehicle for an alleqed
4-2 violation of a law or ordinance re~ulatin~ traffic or who stops a
4-3 pedestrian for any suspected offense shall report to the law
4-4 enforcement agency that employs the officer information relatinq to
4-5 the stop, includinq:
4-6 (1) a physical description of each person detained as
4-7 a result of the stop, includinq:
4-8 (A) the person's gender; and
4-9 (B) the person's race or ethnicit¥, as stated by
4-10 the person or, if the person does not state the person's race or
4-11 ethnicity, as determined by the officer to the best of the
4-12 officer's ability;
4-13 (2) the traffic law or ordinance alleged to have been
4-14 violated or the suspected offense;
4-15 (3) whether the officer conducted a search as a result
4-16 of the stop and, if so, whether the person detained consented to
4-17 the search;
4-18 (4) whether any contraband was discovered in the
4-19 course of the search and the ty~e of contraband discovered;
4-20 (5) whether probable cause to search existed and the
4-21 facts supportinq the existence of that probable cause;
4-22 (6) whether the officer made an arrest as a result of
4-23 the stop or the search, includinq a statement of the offense
4-24 charqed;
4-25 (7) the street address or approximate location of the
4-26 stop; and
5-1 (8) whether the officer issued a warninq or a citation
5-2 as a result of the stop, includinq a description of the warnin~ or
5-3 a statement of the violation charqed.
5-4 Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
5-5 COLLECTED. (a) In this article, "pedestrian stop" means an
5-6 interaction between a peace officer and an individual who is beinq
5-7 detained for the purpose of a criminal investiqation in which the
5-8 individual is not under arrest.
5-9 (b) A law enforcement a~ency shall compile and analyze the
5-10 information contained in each report received by the aqency under
5-11 Article 2.133. Not later than March 1 of each year, each local law
5-12 enforcement agency shall submit a report containin~ the information
5-13 compiled durin~ the previous calendar year to the ~overnin~ body of
5-14 each county or municipality served by the a~ency in a manner
5-15 approved by the aqency.
5-16 (c) A report required under Subsection (b) must include:
5-17 (1) a comparative analysis of the information compiled
5-18 under Article 2.133 to:
5-19 (A) determine the prevalence of racial profilin~
5-20 by peace officers employed by the aqency; and
5-21 (B) examine the disposition of traffic and
5-22 pedestrian stops made by officers employed by the agency, includin~
5-23 searches resultin~ from the stops; and
5-24 (2) information relatinq to each complaint filed with
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77(R) SB 1074 Enrolled version - Bill Text Page 3 of 6
5-25 the agency alleging that a peace officer employed bv the aqenc¥ has
5-26 enqaged in racial profilinq.
6-1 (d) A report required under Subsection (b) may not include
6-2 identifying information about a peace officer who makes a traffic
6-3 or pedestrian stop or about an individual who is stopped or
6-4 arrested by a peace officer. This subsection does not affect the
6-5 reporting of information required under Article 2.133(b) (1).
6-6 (e) The Commission on Law Enforcement Officer Standards and
6-7 Education shall develop guidelines for compilin~ and reporting
6-8 information as required by this article.
6-9 (f) The data collected as a result of the reporting
6-10 requirements of this article shall not constitute prima facie
6-11 evidence of racial profilinq.
6-12 Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
6-13 EQUIPMENT. (a) A peace officer is exempt from the reportinq
6-14 requirement under Article 2.133 and a law enforcement a~enc¥ is
6-15 exempt from the compilation, analysis, and reportinq requirements
6-16 under Article 2.134 if:
6-17 (1) durinq the calendar year precedinq the date that a
6-18 report under Article 2.134 is required to be submitted:
6-19 (A) each law enforcement motor vehicle reqularly
6-20 used by an officer employed by the agency to make traffic and
6-21 pedestrian stops is equipped with video camera and
6-22 transmitter-activated equipment and each law enforcement motorcycle
6-23 regularly used to make traffic and pedestrian stops is equipped
6-24 with transmitter-activated equipment; and
6-25 (B) each traffic and pedestrian stop made by an
6-26 officer employed by the agency that is capable of beinq recorded by
7-1 video and audio or audio equipment, as appropriate, is recorded by
7-2 usin~ the equipment; or
7-3 (2) the ~overninq body of the county or municipalit¥
7-4 served by the law enforcement aqenc¥, in conjunction with the law
7-5 enforcement aqenc¥, certifies to the Department of Public Safety,
7-6 not later than the date specified by rule by the department, that
7-7 the law enforcement aqenc¥ needs funds or video and audio equipment
7-8 for the purpose of installinq video and audio equipment as
7-9 described by Subsection (a) {1) (A) and the aqenc¥ does not receive
7-10 from the state funds or video and audio equipment sufficient, as
7-11 determined by the department, for the aqenc¥ to accomplish that
7-12 purpose.
7-13 (b) Except as otherwise provided by this subsection, a law
7-14 enforcement aqenc¥ that is exempt from the requirements under
7-15 Article 2.134 shall retain the video and audio or audio
7-16 documentation of each traffic and pedestrian stop for at least 90
7-17 days after the date of the stop. If a complaint is filed with the
7-18 law enforcement agency alleging that a peace officer employed by
7-19 the aqenc¥ has enqaqed in racial Drofilinq with respect to a
7-20 traffic or pedestrian stop, the a~enc¥ shall retain the video and
7-21 audio or audio record of the stop until final disposition of the
7-22 complaint.
7-23 (c) This article does not affect the collection or reportin~
7-24 requirements under Article 2.132.
7-25 Art. 2.136. LIABILITY. A peace officer is not liable for
7-26 damaqes arisinq from an act relatinq to the collection or reporting
8-1 of information as required by Article 2.133 or under a policy
8-2 adopted under Article 2.132.
8-3 Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
8-4 Department of Public Safety shall adopt rules for providinq funds
8-5 or video and audio equipment to law enforcement aqencies for the
8-6 purpose of installinq video and audio equipment as described by
8-7 Article 2.135(a) (1) (A), includinq specifying criteria to prioritize
8-8 fundinq or ec~ipment provided to law enforcement a~encies. The
8-9 criteria may include consideration of tax effort, financial
8-10 hardship, available revenue, and budget surpluses. The criteria
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77(R) SB 1074 Enrolled version - Bill Text Page 4 of 6
8-11 must qive priority to:
8-12 (1) law enforcement aqencies that employ peace
8-13 officers whose primary duty is traffic enforcement;
8-14 (2) smaller jurisdictions; and
8-15 (3) municipal and county law enforcement aqencies.
8-16 (b) The Department of Public Safety shall collaborate with
8-17 an institution of hiqher education to identify law enforcement
8-18 aqencies that need funds or video and audio ec[uipment for the
8-19 purpose of installinq video and audio ec[uipment as described by
8-20 Article 2.135(a) (1) (A). The collaboration may include the use of a
8-21 survey to assist in developin~ criteria to prioritize fundinq or
8-22 equipment provided to law enforcement a~encies.
8-23 (c) To receive funds or video and audio equipment from the
8-24 state for the purpose of installinq video and audio equipment as
8-25 described by Article 2.135(a) (1) (A), the qovernin~ body of a county
8-26 or municipality, in conjunction with the law enforcement a~enc¥
9-1 servinq the count¥ or municipality, shall certify to the Department
9-2 of Public Safety that the law enforcement a~enc¥ needs funds or
9-3 video and audio equipment for that purpose.
9-4 (d) On receipt of funds or video and audio equipment from
9-5 the state for the purpose of installin~ video and audio equipment
9-6 as described by Article 2.135(a) (1) (A), the qoverninq body of a
9-7 county or municipality, in conjunction with the law enforcement
9-8 aqenc¥ servin~ the county or municipality, shall certify to the
9-9 Department of Public Safet¥ that the law enforcement a~enc¥ has
9-10 installed video and audio equipment as described by Article
9-11 2.135(a) (1) (A) and is usinq the equipment as required by Article
9-12 2.135(a) (1).
9-13 Art. 2.138. RULES. The Department of Public Safety may
9-14 adopt rules to implement Articles 2.131-2.137.
9-15 SECTION 2. Chapter 3, Code of Criminal Procedure, is amende~
9-16 by adding Article 3.05 to read as follows:
9-17 Art. 3.05. RACIAL PROFILING. In this code, "racial
9-18 profilinq" means a law enforcement-initiated action based on an
9-19 individual's race, ethnicit¥, or national oriqin rather than on the
9-20 individual's behavior or on information identifyin~ the individual
9-21 as havinq en~aqed in criminal activity.
9-22 SECTION 3. Section 96.641, Education Code, is amended by
9-23 adding Subsection (j) to read as follows:
9-24 (j) As part of the initial traininq and continuinq education
9-25 for police chiefs required under this section, the institute shall
9-26 establish a pro~ram on racial profilinq. The pro~ram must include
10-1 an examination of the best practices for:
10-2 (1) monitorinq peace officers' compliance with laws
10-3 and internal aqenc¥ policies relatinq to racial profilinq;
10-4 (2) implementinq laws and internal aqenc¥ policies
10-5 relatinq to preventinq racial profiling; and
10-6 (3) analyzin~ and reportin~ collected information.
10-7 SECTION 4. Section 1701.253, Occupations Code, is amended by
10-8 adding Subsection (e) to read as follows:
10-9 (e) As Dart of the minimum curriculum requirements, the
10-10 commission shall establish a statewide comprehensive education and
10-11 traininq pro~ram on racial profilinq for officers licensed under
10-12 this chapter. An officer shall complete a Dro~ram established
10-13 under this subsection not later than the second anniversary of the
10-14 date the officer is licensed under this chapter or the date the
10-15 officer applies for an intermediate proficiency certificate,
10-16 whichever date is earlier.
10-17 SECTION 5. Section 1701.402, Occupations Code, is amended by
10-18 adding Subsection (d) to read as follows:
10-19 (d) As a requirement for an intermediate proficiency
10-20 certificate, an officer must complete an education and traininq
10-21 pro~ram on racial profilinq established by the commission under
10-22 Section 1701.253(e).
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77(R) SB 1074 Enrolled version - Bill Text Page 5 of 6
10-23 SECTION 6. Section 543.202, Transportation Code, is amended
10-24 to read as follows:
10-25 Sec. 543.202. FORM OF RECORD. (a) In this section, "race
10-26 or ethnicit¥" means of a Darticular descent, includinq Caucasian,
11-1 African, HisDanic, Asian, or Native American descent.
11-2 (b) The record must be made on a form or by a data
11-3 processing method acceptable to the department and must include:
11-4 (1) the name, address, physical description, including
11-5 race or ethnicit¥, date of birth, and driver's license number of
11-6 the person charged;
11-7 (2) the registration number of the vehicle involved;
11-8 (3) whether the vehicle was a commercial motor vehicle
11-9 as defined by Chapter 522 or was involved in transporting hazardous
11-10 materials;
11-11 (4) the person's social security number, if the person
11-12 was operating a commercial motor vehicle or was the holder of a
11-13 commercial driver's license or commercial driver learner's permit;
11-14 (5) the date and nature of the offense, including
11-15 whether the offense was a serious traffic violation as defined by
11-16 Chapter 522;
11-17 (6! whether a search of the vehicle was conducted and
11-18 whether consent for the search was obtained;
11-19 (7) the plea, the judgment, and whether bail was
11-20 forfeited;
11-21 (8) [(7)] the date of conviction; and
11-22 (9) [~)] the amount of the fine or forfeiture.
11-23 SECTION 7. Not later than January 1, 2002, a law enforcement
11-24 agency shall adopt and implement a policy and begin collecting
11-25 information under the policy as required by Article 2.132, Code of
11-26 Criminal Procedure, as added by this Act. A local law enforcement
12-1 agency shall first submit information to the governing body of each
12-2 county or municipality served by the agency as required by Article
12-3 2.132, Code of Criminal Procedure, as added by this Act, on March
12-4 1, 2003. The first submission of information shall consist of
12-5 information compiled by the agency during the period beginning
12-6 January 1, 2002, and ending December 31, 2002.
12-7 SECTION 8. A local law enforcement agency shall first submit
12-8 information to the governing body of each county or municipality
12-9 served by the agency as required by Article 2.134, Code of Criminal
12-10 Procedure, as added by this Act, on March 1, 2004. The first
12-11 submission of information shall consist of information compiled by
12-12 the agency during the period beginning January 1, 2003, and ending
12-13 December 31, 2003.
12-14 SECTION 9. Not later than January 1, 2002:
12-15 (1) the Commission on Law Enforcement Officer
12-16 Standards and Education shall establish an education and training
12-17 program on racial profiling as required by Subsection (e), Section
12-18 1701.253, Occupations Code, as added by this Act; and
12-19 (2) the Bill Blackwood Law Enforcement Management
12-20 Institute of Texas shall establish a program on racial profiling as
12-21 required by Subsection (j), Section 96.641, Education Code, as
12-22 added by this Act.
12-23 SECTION 10. A person who on the effective date of this Act
12-24 holds an intermediate proficiency certificate issued by the
12-25 Commission on Law Enforcement Officer Standards and Education or
12-26 has held a peace officer license issued by the Commission on Law
13-1 Enforcement Officer Standards and Education for at least two years
13-2 shall complete an education and training program on racial
13-3 profiling established under Subsection (e), Section 1701.253,
13-4 Occupations Code, as added by this Act, not later than September 1,
13-5 2003.
13-6 SECTION 11. An individual appointed or elected as a police
13-7 chief before the effective date of this Act shall complete a
13-8 program on racial profiling established under Subsection (j),
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77(R) SB 1074 Enrolled version - Bill Text Page 6 of 6
13-9 Section 96.641, Education Code, as added by this Act, not later
13-10 than September 1, 2003.
13-11 SECTION 12. This Act takes effect September 1, 2001.
S.B. No. 1074
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on
April 4, 2001, by the following vote: Yeas 28, Nays 2;
May 21, 2001, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 22, 2001, House
granted request of the Senate; May 24, 2001, Senate adopted
Conference Committee Report by a viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with
amendments, on May 15, 2001, by a non-record vote; May 22, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 24, 2001, House adopted Conference Committee Report
by a non-record vote.
Chief Clerk of the House
Approved:
Date
Governor
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'1' H Ir . C I T Y 0 F
CO-1;Sp~~L AGENDA REQUEST FORM
CITY COUNCIl. MEETING: December 11, 2001 ITEM # __~
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Sheehan regarding Heroes Live Forever Basketball Game.
B. Report by Councilmember Raines regarding National League of Cities.
C. Report by Councilmember York regarding Texas Municipal League.
D. Report by Councilmember York regarding the Holiday Season.
E. Report by Councilmember Peters regarding North Texas Commission meeting
concerning Airport Security.
F. Report by Councilmember Peters regarding Coppell Economic Development
Corporation Meeting.
G. Report by Councilmember Peters regarding North Texas Charities.
CITY MANAGER'S REVIEW: