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CP 2003-09-23 NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 23, 2003 DOUG STOVER, JAYNE PETERS, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 DIANA RAINES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Board Reception 6:00 p.m. - 7:00 p.m. Atrium 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, September 23, 2003, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter; with a Reception being held for Board/Commission members from 6:00 p.m. until 7:00 p.m. 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 reser ves 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. ag092303 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Zoning and Subdivision Code requirements. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Council Work Plan. B. Discussion of Agenda Items. RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:00 PM TO 7:00 PM. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Citizen's Appearances. 7. Consider the appointment of Kristine Fichtner and Matt Hall for 1-year appointments to the Coppell Economic Development Committee. 8. Swearing in of newly appointed Board/Commission/Committee members. 9. Repor t by Keep Coppell Beautiful Committee. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 9, 2003. ag092303 Page 2 of 6 ITEM # ITEM DESCRIPTION B. Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Carrollton-Farmers Branch Independent School District to funding for books in the guided reading library and the main media center at Riverchase Elementary in Coppell in the amount of $50,000.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. C. Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Carrollton-Farmers Branch Independent School District to fund a half-time technolog y suppor t person at Riverchase Elementary School in the amount of $30,000.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. D. Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Coppell Independent School District to fund nine literacy inter vention suppor t teachers, professional development for literacy teachers, staff development materials, and teaching materials for literacy teachers and campus literacy suppor t in the amount of $482,611.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. E. Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Coppell Independent School District to fund five and one-half cer tified Spanish teachers and an archive of tapes and software in the amount of $259,845.57, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. F. Consider approval of entering into a contract with Jacobs Civil, Inc. for the partial redesign of East Sandy Lake Road from Kimbel Court to the east city limits in an amount not to exceed $93,636 as provided for in CIP funds; and authorizing the City Manager to sign. G. Consider approval of a License Agreement between the City of Coppell and Frank and Penelope Ferguson concerning a proposed encroachment into an existing utility easement on Lot 24, Block A Huntington Ridge Subdivision (185 Black Oak Circle); and authorizing the City Manager to sign. ag092303 Page 3 of 6 ITEM # ITEM DESCRIPTION Land Use and Development H. Consider approval of a 45-day extension as it applies to the expiration date of the Replat for Gateway Business Park, Lots 1R&3A, Block 2 (Haver ty’s Furniture), to allow a 245,277 square-foot addition to an existing 213,675 square-foot warehouse and to increase the parking on 43.259 acres of proper ty located at 770 Gateway Boulevard. Resolutions I. Consider approval of a Resolution to allow the installation of temporary stop signs, if necessary, at the intersection of Vanbebber Dr. and Hear tz Rd. during the reconstruction of Bethel School Road; and authorizing the Mayor to sign. END OF CONSENT 11. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. 12. Consider approval of an Ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Ar ticle 1, Section 4. School zone-speed, to establish the maximum prima facie speed limit for a designated school zone on Parkway Boulevard from 350 feet west of the east curb line of Hampton Drive to 400 feet east of the east curb line of Hampton Drive; and authorizing the Mayor to sign. 13. Consider approval of a request from Eagle-Braewood, L.P., of an exception to the Subdivision Ordinance which would allow placement of an asphalt overlay over approximately five inches of concrete and then approximately ¼ inch of a polymer modified cement based product applied over the asphalt at the Braewood Shopping Center. 14. Consider approval of awarding Bid/Contract #Q0603-01 to Tiseo Construction Company, Inc. for the reconstruction of Bethel School Road from Denton Tap Rd. to Heartz Rd. in an amount of $297,813.35 as provided for in the IMF; and authorizing the City Manager to sign. 15. Necessary action resulting from Work Session. ag092303 Page 4 of 6 ITEM # ITEM DESCRIPTION 16. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding the Grapevine Grapefest Grape Stomp. B. Repor t by Councilmember Tunnell regarding the Nor th Texas Conference on Industrial & Economic Development. C. Repor t by Councilmember York regarding Police Depar tment - Captain Nix. D. Repor t by Councilmember York regarding 9-11 - Sandy Lake Baptist Church. 17. Council Committee Repor ts. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. 18. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I cer tify 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 _________________, 2003, at __________________. ____________________________________ Libby Ball, City Secretar y ag092303 Page 5 of 6 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE 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 llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag092303 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2002-2003 Economic Development • Ensure Competitiveness in industrial/commercial growth • Emphasize strategically identified properties • Implement Old Town development strategy • Retain excellent commercial/industrial uses • Increase visibility of commercial/industrial development opportunities w/development community Quality Public Facilities & Infrastructure • Maintained with adequate funding • Environmentally sound and appealing landscaping • Anticipate and plan for future needs • User friendly Excellent City Services & High Citizen Satisfaction • Provide timely and accurate information • Rapid Response and resolution • Identify, implement and measure service levels Hometown Feeling • Well-informed citizenry • Participation on boards and commissions, task forces and committees • Foster a family atmosphere • Active citizen involvement as partners • Strong sense of civic pride and identity as Coppell, TX • Encourage inclusiveness Quality Development • Preserve property values • Attract and retain development tenants • Emphasize code enforcement • Maintain community master plan with consideration of impact on city services and infrastructure • Maintain visual appeal Outstanding Leisure & Recreation Amenities & Programs • Maintain quality and safe parks • Inclusive opportunities, activities and facilities • Collaboration w/community groups • Promote and facilitate community events Effective Transportation • Responsive to neighborhood and regional needs and demands • Safe neighborhood streets • Effective traffic movement throughout the community • Evaluate need for regional transportation and determine city's role Safe Community • Safe neighborhoods • Visible and responsive police presence • Public safety education programs • Emphasize and educate for emergency preparedness • Participate in regional security preparation • Provide safe environment for recreation/leisure activities • Partner in school safety DATE: September 23, 2003 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Zoning and Subdivision Code requirements. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: September 23, 2003 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding Council Work Plan. B. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DATE: September 23, 2003 ITEM #: 6 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 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, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Secretary DATE: September 23, 2003 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Consider the appointment of Kristine Fichtner and Matt Hall for 1-year appointments to the Coppell Economic Development Committee. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %chamberappt DEPT: City Secretary DATE: September 23, 2003 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Swearing in of newly appointed Board/Commission/Committee members. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %swearingin DEPT: City Secretary DATE: September 23, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Report by the Keep Coppell Beautiful Committee. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %bdreport DEPT: City Secretary DATE: September 23, 2003 ITEM #: 10/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: September 9, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes CM090903 Page 1 of 16 MINUTES OF SEPTEMBER 9, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 9, 2003, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Councilmember York was absent from the meeting. Also present were City Manager Jim Witt, Deputy City Secretary Kathy Wilkerson and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Foreign Trade Zones. 2. Discussion regarding Fundraising on City Facilities at non-City sponsored events. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of Land West of South Coppell Road and South of Bethel Road. C. Section 551.074, Texas Government Code - Personnel Matters. 1. Discussion regarding City Manager Evaluation. CM090903 Page 2 of 16 Mayor Stover convened into Executive Session at 5:41 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:35 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board/Commission Appointments. B. Discussion regarding Temporary Sign Permits. C. Discussion regarding Special Events. D. Discussion of Agenda Items. Mayor Stover recessed the Work Session at 7:03 p.m. and opened the Regular Session REGULAR SESSION (Open to the Public) 4. Moment of Reflection regarding 9/11/01. Mayor Stover asked those present to take a few moments of private reflection on the second anniversary of the 9/11/01 tragedy. 5. Invocation. Pastor Ken Hovland of Rejoice Lutheran Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Citizen's Appearances. Elizabeth Henry, 409 Fairlands Circle, spoke regarding placing a crosswalk on Parkway at Hampton. CONSENT AGENDA 8. Consider approval of the following consent agenda items: CM090903 Page 3 of 16 A. Consider approval of minutes: August 26, 2003. B. Consider accepting resignation of Paul Tapscott from the Library Board and Steve Brock from the Coppell Education Development Corporation. C. Consider approval of a Resolution providing for Special Counsel and the Conduct Review Board to serve a term of two years from the date of appointment; and authorizing the Mayor to sign. D. Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Crestside Drive and Lakeshore Drive beginning at the west property line of Lot 1, Block A of the PSINet Addition in the Northlake 635 Business Park extending east and southward to the south property line in its entirety; and authorizing the Mayor to sign. E. Consider approval of an interlocal agreement with Dallas County to repair and overlay Bethel Road from Denton Tap Road to the Tarrant County Line with Dallas County furnishing labor and equipment necessary to perform the work; and the City of Coppell furnishing materials at a cost not to exceed $126,684.80 as budgeted in the IMF; and authorizing the Mayor to sign. F. Consider approval of an interlocal City/County Agreement allowing Dallas County to provide Paving Services at Andrew Brown Park West, in an amount not to exceed $17,549.23, as budgeted, and authorizing the Mayor to sign. Land Use and Development G. Consider approval of an Ordinance for Case No. S-1208, Everybody Fits, Restaurant (food court), zoning change CM090903 Page 4 of 16 from C (Commercial) to C-S-1208 (Commercial, Special Use Permit-1208), to allow the operation of an approximate 3,829 square-foot restaurant to be located on the second floor within the existing facility at 200 Fitness Court Drive, and authorizing the Mayor to sign. H. Consider approval of a six-month extension as it applies to the expiration date of the Site Plan for Vista Ridge Addition, Lot 3R, Block G, to allow the development of an approximate 71,000 square-foot office building on a 7.017 acre portion of a 25.93 acre tract of property located at the southwest corner of S.H. 121 and MacArthur Boulevard. Resolutions I. Consider approval of a Resolution adopting policy guidelines for the development and establishment of Foreign Trade Zones within the City of Coppell and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Resolution 2003-0909.1, D carrying Ordinance No. 2003-1046, E, F, G carrying Ordinance No. 91500-A-353, H and I carrying Resolution 2003-0909.2. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 9. Consider approval of a request from the Lions Club regarding fundraising in City parks. Presentation: Greg Wagner, President of the Lions Club, 633 Autumnwood Lane, spoke in favor of fundraising in the City of Coppell. The Lions Club has received information from the surrounding communities on how CM090903 Page 5 of 16 fundraising is handled and will present that information to the City Manager’s office. 10. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year October 1, 2003 through September 30, 2004, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2003-1047 adopting the budget for the City of Coppell for the Fiscal Year October 1, 2003 through September 30, 2004, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 11. Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad valorem taxes for the year 2003 at .6486/$100 taxable valuation of which .4470 for operations and maintenance and .2016 for interest and sinking, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2003-1048 levying the Ad valorem taxes for the year 2003 at .6486/$100 taxable valuation of which .4470 for operations and maintenance and .2016 for interest and sinking, and authorizing the Mayor to sign. Mayor Pro Tem Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. CM090903 Page 6 of 16 12. PUBLIC HEARING: Consider approval of Case No. S-1065R, Wings-N-Things, Restaurant with private club, zoning change request from C-S- 1065 (Commercial, Special Use Permit-1065) to C-S-1065R (Commercial, Special Use Permit-1065 Revised), to allow the operation of an approximate 1,485 square-foot restaurant with private club to be located at 110 W. Sandy Lake, Suite 130. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover 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-1065R, Wings-N-Things, Restaurant with private club, zoning change request from C-S-1065 (Commercial, Special Use Permit-1065) to C-S-1065R (Commercial, Special Use Permit-1065 Revised), to allow the operation of an approximate 1,485 square-foot restaurant with private club to be located at 110 W. Sandy Lake, Suite 130 with the following conditions: 1) Revision to the proposed sign to be in accordance with the Sign Ordinance; specifically, the faces of the signs need to be white (no red inlays) and if raceways are used, they also need to match the material that they are mounted, and the illumination is limited to white or off-white. 2) The property shall be developed in accordance with the site plan, floor plan and revised sign plan. 3) The hours of operation shall not exceed 11 a.m. to 12 a.m. seven days a week. 4) Incorporation of the shared parking agreement as a condition to this SUP. CM090903 Page 7 of 16 Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD-176R3, Bethel Road Estates, Phase II, zoning change from PD-176R2 (Planned Development- 176 Revision 2) to PD-176R3 (Planned Development-176 Revision 3), to reduce two lots to one to allow the development of one single-family home on 1.04 acres of property located along the north side of Bethel Road approximately 120 feet east of Hearthstone Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Pete Hennessey, Applicant’s Engineer, 841 Crane Drive, answered questions from Council. Public Hearing: Mayor Stover 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-176R3, Bethel Road Estates, Phase II, zoning change from PD-176R2 (Planned Development-176 Revision 2) to PD-176R3 (Planned Development-176 Revision 3), to reduce two lots to one to allow the development of one single-family home on 1.04 acres of property located along the north side of Bethel Road approximately 120 feet east of Hearthstone Lane with the following conditions: 1) On Site Plan, identify all structures (square footage, height, use, etc.) 2) All conditions of PD-176R2 be placed on Zoning and Site Plan exhibits with the exception of (F) acreage and (K) zoning. 3) Abide by other review agency comments. CM090903 Page 8 of 16 Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of the Bethel Road Estates, Phase II, Lot 1R, Replat of Lots 1 and 2, Block 1, to create one lot for the development of a single-family home on approximately 1.04 acres of property located along the north side of Bethel Road, approximately 120 feet east of Hearthstone Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover 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 Bethel Road Estates, Phase II, Lot 1R, Replat of Lots 1 and 2, Block 1, to create one lot for the development of a single-family home on approximately 1.04 acres of property located along the north side of Bethel Road, approximately 120 feet east of Hearthstone Lane with the following conditions: 1) All conditions of PD-176R2 be placed on the replat document with the exception of (F) acreage, and (K) zoning, and note as conditions for PD-176R3. 2) Replat document must be black line for recording. Councilmember Raines seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 15. Consider approval of the St. Andrews Estates, Lots 1 through 24X, Block 2, Preliminary Plat, to allow a 23 lot single-family subdivision, and one common area lot, on approximately 10 CM090903 Page 9 of 16 acres of property located along the north side of DeForest Road between Prestwick Court and Stratford Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. There was a call for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:12 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:25 p.m. and re-opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Mayor Pro Tem Peters moved to approve St. Andrews Estates, Lots 1 through 24X, Block 2, Preliminary Plat, to allow a 23 lot single-family subdivision, and one common area lot, on approximately 10 acres of property located along the north side of DeForest Road between Prestwick Court and Stratford Lane with the following conditions: 1) The cul-de-sac shall not exceed 625 feet in length. 2) Final approval of the alignment of the extension of Stonewick Lane. 3) Council granted waivers of the wall height/setback and alley requirements. 4) Specify that the common landscaping and wall easement will be maintained by the HOA. CM090903 Page 10 of 16 5) Ensure that a connecting sidewalk will be constructed between Lots 14 and 15. 6) Understanding that a $2,000 flood study review fee will be paid to the City, and no development will be allowed in the floodplain areas until all appropriate approvals are obtained. 7) No structures or fill will be allowed in the revised floodplain. 8) Engineering will require additional information on the grading plan. 9) Determination and approval of the final tree mitigation plan. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 16. Consider approval of the Gateway Business Park, No. 2, Lot 2R1, Block C, Site Plan Amendment (Washington Mutual), to amend the Site Plan to allow 50 additional parking spaces on 8.097 acres of property located at 555 Dividend Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Councilmember Tunnell moved to approve the Gateway Business Park, No. 2, Lot 2R1, Block C, Site Plan Amendment (Washington Mutual), to amend the Site Plan to allow 50 additional parking spaces on 8.097 acres of property located at 555 Dividend Drive. Councilmember Raines seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of the Gateway Business Park, No. 2, Lots 1R1 and 2R1, Block C, Replat (Washington Mutual), to allow 50 additional parking spaces on 12.027 acres of property located at 555 Dividend Drive. CM090903 Page 11 of 16 Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Peters moved to close the Public Hearing and approve the Gateway Business Park, No. 2, Lots 1R1 and 2R1, Block C, Replat (Washington Mutual), to allow 50 additional parking spaces on 12.027 acres of property located at 555 Dividend Drive. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion. 18. Consider appointments to the City’s Boards, Commissions and Committees. Presentation: Mayor Stover read the list of proposed appointees as discussed in Work Session as follows: American Red Cross Karen Elwonger (2-year regular) Janna Horner (1-year alternate) Animal Services Appeals Board Jena Barton (2-year regular) Chris Gordon (2-year alternate) Board of Adjustment John Hoppie (2-year alternate) Laura Ketchum (1-year alternate) Donald Perschbacher (2-year alternate) David Terry (2-year regular) Steven Wright (2-year regular) CM090903 Page 12 of 16 Conduct Review Board John Alda (2-year regular) Glen Bradshaw (2-year regular) Michael Cashimere (2-year regular) Frank DiMartino (2-year regular) William Dolphin (2-year regular) Melissa Hall (2-year regular) John Harton (2-year regular) Bill Hinds (2-year regular) Brianna Hinojosa-Flores (2-year regular) Rita Hoenig (2-year regular) Laura Ketchum (2-year regular) Steven LeMay (2-year regular) Marie Reed (2-year regular) April Terry (2-year regular) Patricia Vandeusen (2-year regular) Michael Vasquez (2-year regular) Karen Williams (2-year regular) Coppell Economic Development Committee Jeanette Cajide (2-year regular) James Cheng (2-year regular) Jason Crawford (2-year regular) John Durand (2-year regular) Marvin Franklin (2-year regular) Coppell Education Development Corporation Antonio Altemus (2-year regular) Betty Carter (1-year regular) Brianna Hinojosa-Flores (2-year regular) David Love (2-year regular) Margaret Lucyk (2-year regular) Keep Coppell Beautiful Committee Julie Basham (2-year regular) John Dobson (2-year regular) Jane Filarowicz (2-year regular) Karen Smith (2-year regular) Library Board Pamela Bennett (2-year regular) Sarah Drake (1-year alternate) Zachary Flores (1-year youth advisor) Saul Friedman (2-year regular) Melissa Hall (2-year regular) CM090903 Page 13 of 16 Soji John (2-year regular) Tarun Koshy (1-year youth advisor) John Reenan (2-year regular) Planning and Zoning Commission Mark Borchgardt (2-year regular) Richard McCaffrey (2-year regular) Paul Milosevich (2-year regular) Dornell Reese, Jr. (2-year regular) Special Counsel Annette Ezzell (2-year regular) John Reenan (2-year regular) Mary Spear (2-year regular) James Walker (2-year regular) Action: Councilmember Tunnell moved to approve the appointments to the Boards/Commissions/Committees as read. Councilmember Raines seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion 19. Necessary action resulting from Work Session. There was no action necessary under this item. 20. City Manager's Report. A. Report regarding Regional Air Quality. A. Jim Witt, City Manager, reported on a meeting that he had attended regarding Regional Air Quality. 21. Mayor and Council Reports. A. Report by Mayor Stover regarding the Homecoming Parade. B. Report by Mayor Stover regarding Pete Sessions Ride Along. C. Report by Mayor Stover regarding Woman of the Year Luncheon. CM090903 Page 14 of 16 A. Mayor Stover reminded everyone that next Thursday is the Coppell High School Homecoming Parade. B. Mayor Stover reported on the Ride Along he had with Pete Sessions and Police Officer Bill Camp. C. Mayor Stover announced that the Woman of the Year Luncheon that he attended last week was very nice and he invited all of the Councilmembers, especially the women Councilmembers to attend next years luncheon. 22. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. North Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisory Commission - Councilmember Raines. A. This report was postponed till the September 23, 2003 City Council Meeting. B. There was no report at this time. C. There was no report at this time. CM090903 Page 15 of 16 D. Mayor Pro Tem Peters reported on the meeting she attended on September 5th discussing the challenge by the local newspapers; the four counties involved in the non-attainment for regional air quality transition have hired a consultant to help with the transition from the one-hour to the eight-hour standard; COG will be holding a free seminar entitled Texas Emission Replacement Program Grant Program process on September 18th;; and DRMC passed a resolution at their last meeting regarding the gasoline tax. E. Councilmember Brancheau reported that last week he and Mayor Pro Tem Peters attended the Economic Development Meeting. They were reintroduced to the Coppell Independent School liaison, Cindy Warner, and discussed industrial revenue bond financing and foreign trade zones. F. There was no report at this time. G. There was no report at this time. H. There was not report at this time. I. Councilmember Tunnell reported on the North Texas Commission meeting she attended last week where the keynote speaker was a former Nobel Prize winner. J. Councilmember Suhy reminded everyone that the Senior Adult Services Golf Tournament will be held on September 29th. K. There was no report at this time. L. There was no report at this time. M. There was not report at this time. At this time Council reconvened in Work Session. WORK SESSION (Open to the Public) 23. Convene Work Session A. Discussion regarding Board/Commission Appointments. B. Discussion regarding Temporary Sign Permits. C. Discussion regarding Special Events. D. Discussion of Agenda Items. CM090903 Page 16 of 16 EXECUTIVE SESSION (Closed to the Public) 24. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Foreign Trade Zones. 2. Discussion regarding Fundraising on City Facilities at non-City sponsored events. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of Land West of South Coppell Road and South of Bethel Road. C. Section 551.074, Texas Government Code - Personnel Matters. 1. Discussion regarding City Manager Evaluation. Mayor Stover reconvened into Executive Session at 9:51 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 10:45 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) 25. Necessary Action Resulting from Executive Session. Mayor Pro Tem Peters moved to increase the City Manager’s base salary 2.5%. Councilmember Raines seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught and Suhy voting in favor of the motion There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: _________________________________________ Kathy Wilkerson, Deputy City Secretary DEPT: City Manager DATE: September 23, 2003 ITEM #: 10/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Carrollton-Farmers Branch Independent School District to funding for books in the guided reading library and the main media center at Riverchase Elementary in Coppell in the amount of $50,000.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds for this grant are provided by the 1/2 cent sales tax allocated to the Coppell Education Development Corporation. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name:!CFBBooks _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 47256 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“AGREEMENT”) is made by and between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the Carrollton/Farmers Branch Independent School District (the “CFBISD”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CFBISD has submitted a grant application No. 2003-L03 to provide funding for books in the guided reading library and the main media center at Riverchase Elementary School in Coppell (the PROJECT); and WHEREAS, the CFBISD serves 365 students from the CITY, and has developed the PROJECT in order to raise the technology levels of all the students; and WHEREAS, CFBISD is in need of funding these books and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CFBISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY’s inhabitants and will promote career technology in the CITY; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CFBISD an education development grant (the “GRANT”) in an amount not to exceed Fifty Thousand Dollars and no cents ($50,000.00). 2.CFBISD agrees to utilize the GRANT to fund a half-time instructional technology support person at Riverchase Elementary School in Coppell. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 47256 3.CITY agrees to provide the GRANT of Fifty Thousand Dollars and no cents ($50,000.00) funds payable on a quarterly basis with the first payment to be made on or before November 1, 2003. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than February 1, 2004 the CFBISD shall submit invoices for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, number of students from Coppell served, grade levels actually served, and copies of invoices. 5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CFBISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CFBISD of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CFBISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CFBISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of the CFBISD’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 47256 illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2003. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 47256 SIGNED this ______ day of ________________, 2003. CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. ANNETTE GRIFFIN, SUPERINTENDENT Carrollton-Farmers Branch Independent School District 1445 North Perry Road Carrollton, Texas 75006 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 47256 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by _______________________, Coppell Education Development Corporation, on behalf of said Corporation. Notary Public, State of Texas My Commission expires: CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Dr. Annette Griffin, Superintendent of Carrollton/Farmers Branch Independent School District, on behalf of said District. Notary Public, State of Texas My Commission expires: DEPT: City Manager DATE: September 23, 2003 ITEM #: 10/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Carrollton-Farmers Branch Independent School District to fund a half- time technology support person at Riverchase Elementary School in the amount of $30,000.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds for this grant are provided by the 1/2 cent sales tax allocated to the Coppell Education Development Corporation. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name:!C-FBISD _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 47256 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“AGREEMENT”) is made by and between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the Carrollton/Farmers Branch Independent School District (the “CFBISD”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CFBISD has submitted a grant application No. 2003-T02 to provide funding for a half-time Technology Support person at Riverchase Elementary School in Coppell (the PROJECT), for the purpose of instructional technology support; and WHEREAS, the CFBISD serves 365 students from the CITY, and has developed the PROJECT in order to raise the technology levels of all the students; and WHEREAS, CFBISD is in need of funding the half-time Technology Support Specialist and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CFBISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY’s inhabitants and will promote career technology in the CITY; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CFBISD an education development grant (the “GRANT”) in an amount not to exceed Thirty Thousand Dollars and no cents ($30,000.00). 2.CFBISD agrees to utilize the GRANT to fund a half-time instructional technology support person at Riverchase Elementary School in Coppell. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 47256 3.CITY agrees to provide the GRANT of Thirty Thousand Dollars and no cents ($30,000.00) funds payable on a quarterly basis with the first payment to be made on or before November 1, 2003. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than February 1, 2004 the CFBISD shall submit personnel costs for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, salaries, number of students from Coppell served, grade levels actually served, and any changes in personnel during the period covered by this GRANT. 5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CFBISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CFBISD of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CFBISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CFBISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of the CFBISD’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 47256 illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2003. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 47256 SIGNED this ______ day of ________________, 2003. CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. ANNETTE GRIFFIN, SUPERINTENDENT Carrollton-Farmers Branch Independent School District 1445 North Perry Road Carrollton, Texas 75006 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 47256 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by _______________________, of the Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: ________________________ CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Dr. Annette Griffin, Superintendent of Carrollton/Farmers Branch Independent School District, on behalf of said district. Notary Public, State of Texas My Commission expires: _____________________ DEPT: City Manager DATE: September 23, 2003 ITEM #: 10//D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Coppell Independent School District to fund nine literacy intervention support teachers, professional development for literacy teachers, staff development materials, and teaching materials for literacy teachers and campus literacy support in the amount of $482,611.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds for this grant are provided by the 1/2 cent sales tax allocated to the Coppell Education Development Corporation. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name:!Literacy _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“AGREEMENT”) is made by and between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CISD has submitted a grant application No. 2003-L02 to provide funding for nine Literacy Intervention Support teachers, professional development for literacy teachers, staff development materials, and teaching materials for literacy teachers and campus literacy support (the PROJECT); and WHEREAS, the CISD has developed the PROJECT using trained, certified, effective elementary teachers; and WHEREAS, the PROJECT will provide additional classroom support in a small group setting that is taught by literacy specialists to help students maximize their potential, accelerate literacy skills and improve self-esteem and achievement; and WHEREAS, CISD is in need of funding the salaries of nine (9) Literacy Intervention Support Teachers, professional development for literacy teachers, staff development materials, teaching materials for literacy teachers and campus literacy support, and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY’s inhabitants, and will promote literacy in the CITY. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CISD an education development grant (the “GRANT”) in an amount not to exceed Four Hundred Eighty-two Thousand Six Hundred Eleven Dollars and no cents ($482,611.00). 2.CISD agrees to utilize the GRANT to fund nine (9) Literacy Support Teachers, professional development for literacy teachers, staff development materials, and teaching materials for literacy teachers and campus literacy support. 3.CITY agrees to provide the GRANT of Four Hundred Eighty-two Thousand Six Hundred Eleven Dollars and no cents ($482,611.00) funds payable on a quarterly basis with the first payment to be made on or before November 1, 2003. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than February 1, 2004 the CISD shall submit a detail list of expenditures for this GRANT to the CEDC. The detailed list of expenditures shall include all personnel costs and other financial documents, which address the GRANT expenditures by category as approved by the CEDC, and reflected in Item 3 of this AGREEMENT. CISD shall also provide documentation related to the number of students served, grade level served, and any changes in personnel during the period covered by this grant, as well as any other information that reflects the success of the Literacy Intervention Support Program. 5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CISD of any obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2003. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 ATTEST: By: ______________________________________ SIGNED this ______ day of ________________, 2003. COPPELL INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. JEFF TURNER SUPERINTENDENT Coppell Independent School District 200 S. Denton Road Coppell, Texas 75019 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by __________________________, Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: _______________________ COPPELL INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of said District. Notary Public, State of Texas My Commission expires: _________________________ DEPT: City Manager DATE: September 23, 2003 ITEM #: 10/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant agreement from the Coppell Educational Development Corporation and the city of Coppell to the Coppell Independent School District to fund five and one-half certified Spanish teachers and an archive of tapes and software in the amount of $259,845.57, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds for this grant are provided by the 1/2 cent sales tax allocated to the Coppell Education Development Corporation. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Spanish _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“AGREEMENT”) is made by and between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CISD has submitted a grant application No. 2003-S02 to provide funding for five and one-half certified Spanish Teachers and an archive of tapes and software (the PROJECT), which are designed for the purpose to begin the study of Spanish in grades kindergarten through sixth grade in order to establish a foundation for continued language study in middle school and/or high school; and WHEREAS, the CISD has developed the PROJECT using certified Spanish teachers who specialize in such field; and WHEREAS, CISD is in need of funding the salaries of five and one-half (5.5) Spanish Teachers, archive of tapes and software, and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY’s inhabitants and will promote foreign language in the CITY; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CISD an education development grant (the “GRANT”) in an amount not to exceed Two Hundred Fifty-nine Thousand Eight Hundred Forty-five Dollars and Fifty-seven cents ($259,845.57). _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 2.CISD agrees to utilize the GRANT to fund five and one-half (5.5) Spanish Teachers, archive of tapes and software for CISD campuses. 3.CITY agrees to provide the GRANT of Two Hundred Fifty-nine Thousand Eight Hundred Forty-five Dollars and Fifty-seven cents ($259,845.57) funds payable on a quarterly basis with the first payment to be made on or before November 1, 2003. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than February 1, 2004 the CISD shall submit personnel costs and receipts for tapes and software for this GRANT to the CEDC. The detailed expenditures shall include, but not limited to, salaries, number of students served, grade levels actually served, copies of contracts, invoices and any changes in personnel during the period covered by this GRANT. 5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CISD of any obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2003. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 SIGNED this ______ day of ________________, 2003. COPPELL INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. JEFF TURNER, SUPERINTENDENT Coppell Independent School District 200 S. Denton Road Coppell, Texas 75019 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by ________________________, Coppell Education Development Corporation, on behalf of said Corporation. Notary Public, State of Texas My Commission expires: ________________________ COPPELL INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of said District. Notary Public, State of Texas My Commission expires: __________________________ DEPT: Engineering/Public Works DATE: September 23, 2003 ITEM #: 10/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of entering into a contract with Jacobs Civil, Inc. for the partial redesign of East Sandy Lake Road from Kimbel Court to the east city limits in an amount not to exceed $93,636 as provided for in CIP funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this contract will allow for the inclusion of sidewalks along the south side of Sandy Lake, conduit and foundations for street lights, conduit for an irrigation system, and the lowering of the roadway to avoid the TXU transmission lines. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are available in the Street CIP, 2002 General Obligation Bonds. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #ESandyLk-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: September 23, 2003 RE: Consider approval of entering into a contract with Jacobs Civil, Inc. for the partial redesign of East Sandy Lake Road from Kimbel Court to the east city limits in an amount not to exceed $93,636 as provided for in CIP funds; and authorizing the City Manager to sign. In 1991 the voters of Dallas County approved a bond proposal that included the design and reconstruction of two streets within the City of Coppell. One of those was Belt Line Road (between Denton Tap and MacArthur Blvd.) and the other was East Sandy Lake Road. The bond language was structured in such a way that Sandy Lake Rd. and Belt Line Rd. were coupled together for a certain amount of dollars, with the understanding that any shortfall would fall upon the City to fund. The designs for both projects were awarded to consultants in 1993 by Dallas County. The City had originally instructed Dallas County to expedite Sandy Lake Road and fund construction of that section. However, it became apparent early on that Sandy Lake Road had complications and that Belt Line Rd. would probably be designed quicker. Therefore, the City instructed Dallas County to complete the design of Belt Line Road and fund its construction, with any surplus funds being allocated to the construction of Sandy Lake Road. Neither project progressed as rapidly as hoped and by the time Belt Line Road was ready to bid for construction, construction costs were such that there were no available funds to fund any of the construction of East Sandy Lake Road. Dallas County recently completed the design of East Sandy Lake Road. However, there were several issues associated with the design of East Sandy Lake Road that were never resolved between the County, the design consultant, Sverdrup, and the City of Coppell. One issue was that the county does not typically design or fund amenities with the construction of the roadway. The other issue was that, based on the length of time to complete the design, several developments (St. Joseph’s, Riverview Estates and Trinity Shores) took place along this section of Sandy Lake Road that were forcing modifications to the design of the project. Earlier this year, Dallas County informed the City that the plans were complete and presented the plans to the City as a project that could be constructed. There were several problems with the design now that it was going to be a project both funded and supervised by the City of Coppell. During this timeframe, TXU Transmission responded to the City concerning the clearances beneath their transmission line west of Riverchase Drive that crosses Sandy Lake Road. When the transmission line was designed in 1950, it was interesting to note that as the towers were "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" being installed through the low area adjacent to Starleaf Dr. and Riverridge Addition, that the tower sizes were 80.5’ approaching Sandy Lake Road. However the last tower placed on the south side of Sandy Lake Road was only 75.5’ tall. Then, as you proceeded north of Sandy Lake Rd. taller towers were again used. Because of that short tower immediately south of Sandy Lake Rd., the clearance from the driving surface to the transmission wire is inadequate according to TXU Electric. The current design of Sandy Lake shows raising the roadway in this area because of floodplain considerations. However, since the start of the design project in 1993, new FEMA maps were adopted in 1994 and again in 2001. The 2001 Floodplain maps are based on a more detailed study associated with the Trinity River Corridor Development Study and show that the floodplain in the vicinity is approximately 2 feet lower than had previously been shown on other floodplain maps. Therefore, there is some flexibility in the height of our roadway. We received information from TXU’s consultant, Scarborough Engineers, Inc., that it would cost $67,657 to raise the transmission line. The expenditure of that $67,000 would only accomplish appropriate clearance between the driving surface and TXU’s transmission wires. It would not address any of the other issues associated with the plans. The other issues are: sidewalk construction along at least one side of the roadway; changes to the plans to interface with St. Joseph’s, Riverview Estates and Trinity Shores; hydro mulching along the project; street light foundations and conduit; and necessary conduit for a future irrigation system. Because there needed to be changes to the plans, in addition to addressing the TXU transmission line issue, I contacted the consultant who had performed the work for Dallas County, Jacobs Civil, Inc. (Sverdrup was the original design engineer but they were recently purchased by Jacobs Civil, Inc.) and inquired about the cost to lower the roadway beneath the TXU transmission lines and to redesign the plans to accommodate the aforementioned items. In our initial conversations, a “shoot from the hip” number was given of approximately $30,000. Because this was less than ½ of what TXU wanted just to raise the transmission lines, representatives of Jacobs Civil, Inc. were instructed to provide a detailed scope of services to accomplish the items listed above. When the detailed scope of services was provided, the actual cost had escalated from approximately $30,000 to $220,500, a slight increase. We then met with Jacobs Civil, Inc. to redefine the scope of services. It was noted that there was some duplicity of effort in the scope of services and also there were tremendous costs allocated to some items which could be eliminated. We recently received a revised scope of services and costing from Jacobs Civil, Inc. to provide for inclusions of the aforementioned amenities and changes to the plans in addition to lowering the roadway to meet the minimum clearance requirements mandated by TXU Transmission. The revised cost to accomplish these items is $93,636. This includes adding sidewalks, taking care of some drainage issues near Riverchase Drive, providing sprinkler conduit, providing handicap ramps (ramps were not part of the original design because no sidewalks were included), the provision to provide record drawings at the completion of construction, provision to reduce the paving width from 28’ to 27’ (27’ is the width of the section of Sandy Lake Rd. recently completed) and finally the lowering of the roadway in the proximity of the TXU transmission lines. There were also some additional costs to provide surveying to set some control points along the length of the project. With the approval of this redesign contract, we will not need to enter into an agreement with TXU Electric to raise their transmission line across Sandy Lake Road. We will accommodate the clearance by the slight lowering of Sandy Lake Rd. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" One item that we will be performing in-house on this project to help defray the design cost is the preparation of the specifications for this project. They will be prepared and signed and sealed by myself. I have been disappointed recently in some of the efforts of consulting engineers to prepare a set of specifications that are at times vague on critical items. The preparation of the specifications by me, with input from my staff, allows us the opportunity to very succinctly address all bids items so that there is little confusion during the construction and payment for the project. The design time for Jacobs Civil, Inc. to complete the revisions to the plans is approximately two months. Given any delays in the review of their revisions and the preparation of the specifications by myself, it is still anticipated that the bid for construction of East Sandy Lake Road from Kimbel Court to the east city limits will be accomplished during the first quarter of 2004. Staff recommends approval of entering into a contract with Jacobs Civil, Inc. for the partial redesign of East Sandy Lake Road from Kimbel Court to the east city limits in an amount not to exceed $93,636.00. Staff will be available to answer any questions at the Council meeting. DEPT: Engineering/Public Works DATE: September 23, 2003 ITEM #: 10/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a License Agreement between the City of Coppell and Frank and Penelope Ferguson concerning a proposed encroachment into an existing utility easement on Lot 24, Block A Huntington Ridge Subdivision (185 Black Oak Circle); and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: The license agreement will allow the property owner to utilize a portion of the existing 20’ utility easement to construct a deck. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #HuntnRidgeLA-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Teresa Turner, E.I.T., Graduate Engineer Date: September 23, 2003 RE: Consider approval of a License Agreement between the City of Coppell and Frank and Penelope Ferguson concerning a proposed encroachment into an existing utility easement on Lot 24, Block A Huntington Ridge Subdivision (185 Black Oak Circle); and authorizing the City Manager to sign. Staff has received a request from Mr. and Mrs. Ferguson to allow a portion of their proposed swimming pool decking to encroach into an existing 20’ utility easement. The utility easement contains an active 8” city owned and maintained sanitary sewer line; however, the proposed decking will not be constructed over the line. There are already some encroachments within the easement. There is currently a subdivision screening wall, a retaining wall, and a small flight of stairs within the easement. The Ferguson’s property is configured such that the construction of a swimming pool would not be possible without some encroachment into the utility easement. The majority of the new swimming pool will actually be built in the side yard of the property. Classic Reflections Pools, the company hired to construct the swimming pool, has agreed to include a construction joint in the deck at the easement line in the event that maintenance of the sewer line becomes necessary. The proposed deck material will be washed aggregate concrete. Staff will be available to answer questions at the Council meeting. ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) and Frank and Penelope Ferguson (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 185 Black Oak Circle and being more particularly described in Exhibits “A”, attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE proposes to construct a swimming pool deck and repair/replace existing wall and stairs (hereinafter referred to as the “IMPROVEMENTS”) within a City utility easement as shown on the attached survey plat marked Exhibit “B” and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the utility easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE a revocable license for the purpose of constructing, maintaining and using the deck (the “PERMITTED IMPROVEMENTS”) encroaching the CITY utility easement and being more particularly depicted on the map marked Exhibit “A” attached hereto and incorporated herein for all purposes. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and ____________________________________ License Agreement - Page 2 liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Future City use: This License is made expressly subject and subordinate to the right of CITY to use the property for any public purpose whatsoever. In the event that CITY shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation or removal of the PERMITTED IMPROVEMENTS shall be necessary or convenient for CITY’s use of the property, LICENSEE shall at the sole cost and expense make or cause to be made such modifications or relocate said PERMITTED IMPROVEMENTS was not to interfere with the CITY’s or CITY’s assigns use of the property. A minimum of thirty (30) days written notice for the exercise of the above action shall be given by CITY and LICENSEE shall promptly commence to make the required changes and complete them as quickly as possible or reimburse CITY for the cost of making such required changes. 7.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit B, then this agreement shall be of no further effect. 8.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 9.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, ____________________________________ License Agreement - Page 3 whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 10.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 11.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY giving LICENSEE thirty (30) days prior written notice; c. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; d. By the City abandoning any interest in the utility easement. 12.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 13.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 14.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 15.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. ____________________________________ License Agreement - Page 4 16.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 17.Recitals: The recitals to this Agreement are incorporated herein by reference. 18.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: FRANK FERGUSON By: ______________________________________ PENELOPE FERGUSON ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Frank Ferguson. Notary Public, State of Texas My Commission expires: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Penelope Ferguson. Notary Public, State of Texas My Commission expires: Property LineExisting Subdivision Screening WallExisting 8” Sanitary Sewer LineExisting 20’Utility EasementExisting Wall and Stairs - to beremoved and repaired/replacedProposed PoolDeckingEXHIBIT ‘A’4’12’10’ EXHIBIT ‘B’ DEPT: Planning DATE: September 23, 2003 ITEM #: 10/H AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a 45-day extension as it applies to the expiration date of the Replat for Gateway Business Park, Lots 1R&3A, Block 2 (Haverty’s Furniture), to allow a 245,277 square-foot addition to an existing 213,675 square-foot warehouse and to increase the parking on 43.259 acres of property located at 770 Gateway Boulevard. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 20, 2003, the Planning Commission unanimously recommended approval of this Replat request (6-0). On March 11, 2003, Council unanimously approved this Replat request (7-0), with no conditions,. Please see attached letter dated September 5, 2003, from Mark W. McGraw, P.E., of Halff Associates, Inc. If this request were approved, the Replat would expire October 26, 2003. Staff recommends approval. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @GBP(Hav) ReplatX 1-AR (Cons.) DEPT: Engineering/Public Works DATE: September 23, 2003 ITEM #: 10/I AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution to allow the installation of temporary stop signs, if necessary, at the intersection of Vanbebber Dr. and Heartz Rd. during the reconstruction of Bethel School Road; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This resolution will allow the placement of temporary stops signs on Heartz Rd. at its intersection with Vanbebber Dr., if necessary, to control the flow of traffic during the construction of Bethel School Rd.(from Denton Tap Rd. eastward to Heartz Rd.). Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #VanbebberStop-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: September 23, 2003 RE: Consider approval of a Resolution to allow the installation of temporary stop signs, if necessary, at the intersection of Vanbebber Dr. and Heartz Rd. during the reconstruction of Bethel School Road; and authorizing the Mayor to sign. Because of the restriction to traffic movement, this project has the potential to generate comments from the traveling public. One of the main options to gain access back to the east, from Denton Tap Rd., will be Vanbebber Dr. to Heartz Rd. Even though a stop sign is not warranted at the intersection of Vanbebber and Heartz, it is conceivable that during the construction of Bethel School Rd., the temporary traffic reconfiguration may necessitate the installation of a temporary stop sign at that intersection. Therefore, with this agenda item I am also seeking approval, at my discretion during construction, to allow the placement of temporary stop signs on Heartz Rd. at its intersection with Vanbebber Dr. if needed to control traffic during the reconstruction of Bethel School Rd. This would be monitored and the temporary stop sign would only be installed if absolutely necessary to control the flow of traffic through that intersection. Staff recommends the approval of a Resolution to allow the installation of temporary stop signs if necessary at the intersection of Vanbebber Dr. and Heartz Rd. Staff will be available to answer any questions at the Council meeting. 1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY ENGINEER, IF NECESSARY, TO INSTALL TEMPORARY STOP SIGNS AT THE INTERSECTION OF VANBEBBER DRIVE AND HEARTZ ROAD DURING THE PERIOD OF CONSTRUCTION OF BETHEL SCHOOL ROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bethel School Road must undergo reconstruction in the near future; and WHEREAS, during the period of said reconstruction, traffic will be impaired; and WHEREAS, its staff opinion that such reconstruction would be safer if the City Engineer is permitted to install temporary stop signs at the intersection of Vanbebber Drive and Heartz Road during the period of construction; and WHEREAS, after consideration the City Council has determined that it would be in the best interest of the City and its citizens to provide for a safer reconstruction process by permitting the installation of temporary stops signs at the intersection of Vanbebber Drive and Heartz Road during the period of construction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City Engineer is hereby authorized to undertake the necessary steps to install temporary stops signs in accordance with Section 8-2-10 of the Code of Ordinances of the City of Coppell at the intersection of Vanbebber Drive and Heartz Road during the period of construction. SECTION 2.That the traffic engineer is authorized and directed to erect signs and official traffic control devices as provided herein. SECTION 3.That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. 2 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Finance DATE: September 23, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This amendment is being brought forward to reflect final changes associated with bond refunding and the special revenue funds. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $budamend MEMORANDUM Date:September 23, 2003 To:Mayor and Council From:Jennifer Armstrong, Director of Finance Via:Clay Phillips, Deputy City Manager Subject:Budget Amendment - Fiscal Year 2002-03 This budget amendment is being brought forward to reflect final changes associated with the bond refunding and the special revenue funds. The special revenue funds do not budget for projects until they have been identified and approved. Police Special Revenue Fund Revenues are being amended to reflect forfeitures and donations for National Night Out that have been received. The expenditures are those associated with the National Night Out. Park Special Revenue Fund Park Special Revenue expenditures are being increased by $5,000 to reflect the use of the funds for lighting the entry signage. Debt Service Fund Revenues and expenditures are being amended to reflect the Bond Refunding transaction. Self Insurance Fund The Self Insurance Fund expenses are being amended to reflect anticipated actuals. Donations – Special Revenue Expenditures are being amended to reflect the use of the funds for the purchase of fencing. C.R.D.C. Special Revenue The revenues are being amended for additional sales tax expected. Expenditures are being amended to reflect the interest payment on the loan from the Water and Sewer Fund. Municipal Court Technology Fund The expenditures are associated with computer purchases in the Municipal Court. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2002, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 10th day of September, 2002, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2002-1007, for the 2002-03 Fiscal Year Budget, is hereby amended as follows: Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $29,753 $92,119 $62,366 Expenditures 60,311 73,912 13,601 Net Increase in Projected Fund Balance $48,765 Parks Spec. Rev. Fund Current Budget Amending Budget Change Expenditures $ 0 $5,000 $5,000 Net Decrease in Projected Fund Balance $5,000 Debt Service Fund Current Budget Amending Budget Change Revenues $7,800,059 $10,549,729 $2,749,670 Expenditures 7,922,672 10,214,138 2,291,466 Net Increase in Projected Fund Balance $ 458,204 Self Insurance Fund Current Budget Amending Budget Change Expenses $1,647,500 $1,970,500 $323,000 Net Decrease in Projected Retained Earnings $323,000 Donations-Special Revenue Current Budget Amending Budget Change Expenditures $102,820 $121,710 $18,890 Net Decrease in Projected Fund Balance $18,890 C.R.D.C. Spec. Revenue Current Budget Amending Budget Change Revenues $1,169,785 $1,340,000 $170,215 Expenditures 1,035,130 1,199,865 164,735 Net Increase in Projected Fund Balance $ 5,480 Municipal Ct. Tech. Fund Current Budget Amending Budget Change Expenditures $7,000 $7,500 $500 Net Decrease in Projected Fund Balance $500 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of September, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Engineering/Public Works DATE: September 23, 2003 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 4. School zone-speed, to establish the maximum prima facie speed limit for a designated school zone on Parkway Boulevard from 350 feet west of the east curb line of Hampton Drive to 400 feet east of the east curb line of Hampton Drive; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this ordinance will allow for a safer crossing of Parkway Blvd. for children going to Cottonwood Creek Elementary School. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #ParkwaySch-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: September 23, 2003 RE: Consider approval of an Ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 4. School zone–speed, to establish the maximum prima facie speed limit for a designated school zone on Parkway Boulevard from 350 feet west of the east curb line of Hampton Drive to 400 feet east of the east curb line of Hampton Drive; and authorizing the Mayor to sign. On August 27, 2003 the City of Coppell received an e-mail from Mr. & Mrs. Henry requesting that stop signs be placed on Parkway Blvd. at its intersection with Hampton Drive. There is a crosswalk at that location to facilitate the movement of children from the subdivisions on the north side of Parkway Blvd. to Cottonwood Creek Elementary School, located on the south side of Minyard Drive. The e-mail reaccounted a specific event that took place on August 26, 2003 in which a vehicle failed to yield to the crossing guard and a near accident took place. The e-mail compared the crossing to the one at the intersection of Parkway Blvd. and Heartz Road that serves Town Center Elementary School. After I reviewed the circumstances surrounding the installation of the stop sign at the intersection of Parkway/Heartz, I e-mailed the Henrys’ back on September 2, 2003. My email contained basic information concerning the criteria for installation of an all-way stop sign and basic information about the circumstances surrounding the installation of the stop signs at Parkway Blvd. and Heartz Rd. My information also stated that we would be performing a study at the intersection of Parkway Blvd. and Hampton Drive to determine if a stop sign is warranted. On September 3, 2003, we requested traffic counts at the intersection of Parkway/Hampton and also at the intersection of Parkway/Gifford. In reviewing the characteristics of the intersection of Parkway and Hampton, it was obvious to me that the minimum requirements for the installation of an all-way stop sign would be difficult to meet because Hampton Court to the south of Parkway Blvd. is a cul-de-sac and Hampton Dr. to the north of Parkway Blvd. is a short street. Therefore, in trying to review alternatives, I also requested traffic counts at the intersection of Parkway/Gifford. Gifford Dr. is approximately 600 feet east of Hampton Dr., but it has numerous streets funneling into it before it reaches Parkway Blvd. My hope in looking at Gifford Dr. at Parkway Blvd. was that if it met the traffic count requirements, then an all-way "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" stop sign could be placed at that location and the crossing could be moved to the intersection of Gifford Dr. and Parkway Blvd., thereby having a crossing at a controlled intersection. While we were awaiting the traffic counts, I reviewed our School Zone Traffic Guidelines as adopted by Ordinance #90-487. The School Zone Traffic Control Guidelines provide flow charts on when to install school zones at school property and when to install school zones away from school property. The main considerations for installation of school zones away from school property are: 1) that the school zone is installed specifically to protect a crosswalk; and 2) that the school zone is only installed after establishment of a designated school route. The designated school route to get from the north side of Parkway Blvd. to Cottonwood Creek Elementary School was established in the past with the installation of the crosswalk. The crosswalk was placed after discussions with residents and school officials in trying to determine the appropriate location for children to cross from the north side to the south side of Parkway Blvd. Because the location at Hampton and Parkway is on the established school route and because there is a crosswalk there that needs to be protected, I reviewed the flow chart that determines whether or not a school zone was needed. The first thing is to consider is whether or not the crosswalk fits the best route to school. The answer was “yes”. If the answer is “yes”, then the crosswalk is installed. Again, the crosswalk at Parkway Blvd. and Hampton has been in place for quite some time. The second thing to consider is whether or not the crosswalk is at a controlled intersection, i.e., signal light or stop sign. If there is a traffic-control device at the intersection, then no school zone is required. If the crosswalk is not at a controlled intersection, then following the flow chart to its conclusion yields the answer that a school zone should be installed. We have had requests in the past to install school zones away from school property; however, those requests are typically at areas that are controlled by stop signs. Most notably we receive periodic requests to have a school zone placed on Parkway Blvd. at its intersection with Heartz Rd. Based on the flow chart, that would not meet the criteria established by Ordinance 90-487 for the installation of a school zone away from school property. The minimum requirement for installation of an all-way stop is 300 vehicles/per hour entering the intersection from the main street for eight hours of the day and 200 vehicles/per hour entering the intersection for the same eight hours. There were no hours that met the minimum requirement at Hampton. The closest was 6-7 p.m. when 436 vehicles entered from Parkway and 71 entered from Hampton. At the Parkway/Gifford intersection, only 2 hours met the requirements. Those were 7-8 a.m. and 8-9 a.m. Again, there needs to be eight hours of the day that met the requirements before an all-way stop sign is warranted. Because the traffic study shows that the installation of a stop sign at Parkway Blvd./Hampton Dr., or at Parkway Blvd./Gifford Dr. is not warranted, my recommendation is that a school zone be installed along Parkway Blvd. to protect the existing crosswalk at Hampton Dr. and Parkway Blvd. Staff will be available to answer any questions at the Council meeting. All-Way Stop StudyParkway Blvd. at Hampton Dr.Min. Veh. 70% Min. Vol. 70%EB WB TOTAL (300) (210) NB SB TOTAL (200) (140) TOTAL(Both Approaches)12:00 AM189nn033nn 211:00 AM303nn000nn 62:00 AM224nn000nn 83:00 AM101nn000nn 24:00 AM112nn257nn 115:00 AM 21 12 33nn134nn 706:00 AM 80 63 143 n n 7 21 28 n n 3147:00 AM 271 198 469 Y Y 10 52 62 n n 10008:00 AM 262 141 403 Y Y 14 48 62 n n 8689:00 AM 71 79 150 n n 5 33 38 n n 33810:00 AM 48 54 102 n n 5 20 25 n n 22911:00 AM 118 81 199 n n 12 21 33 n n 43112:00 PM 143 135 278 n Y 5 20 25 n n 5811:00 PM 77 84 161 n n 4 16 20 n n 3422:00 PM 85 123 208 n n 16 29 45 n n 4613:00 PM 162 160 322 Y Y 7 36 43 n n 6874:00 PM 201 131 332 Y Y 11 35 46 n n 7105:00 PM 279 157 436 Y Y 10 50 60 n n 9326:00 PM 275 161 436 Y Y 9 61 70 n n 9427:00 PM 143 126 269 n Y 1 34 35 n n 5738:00 PM 107 117 224 n Y 2 26 28 n n 4769:00 PM 72 81 153 n n 0 16 16 n n 32210:00 PM 21 26 47 n n 0 15 15 n n 10911:00 PM 8 8 16nn011nn 33TOTAL 2452 1948 4400 121 545 666 9466Major Street Minor StreetHamptonParkway9/15/2003Count Date09/09/2003 All-Way Stop StudyParkway Blvd. at Gifford Dr.Min. Veh. 70% Min. Vol. 70%EB WB TOTAL (300) (210) NB SB TOTAL (200) (140) TOTAL(Both Approaches)12:00 AM 2 8 10nn000nn 201:00 AM112nn022nn 62:00 AM246nn202nn 143:00 AM101nn000nn 24:00 AM314nn268nn 165:00 AM 21 11 32 n n 5 12 17 n n 816:00 AM 67 76 143 n n 17 34 51 n n 3377:00 AM 233 236 469 Y Y 83 136 219 Y Y 11578:00 AM 227 158 385 Y Y 140 77 217 Y Y 9879:00 AM 74 102 176 n n 23 33 56 n n 40810:00 AM 56 61 117 n n 22 38 60 n n 29411:00 AM 105 101 206 n n 25 26 51 n n 46312:00 PM 122 158 280 n Y 27 17 44 n n 6041:00 PM 71 112 183 n n 19 33 52 n n 4182:00 PM 87 166 253 n Y 44 65 109 n n 6153:00 PM 135 218 353 Y Y 96 70 166 n Y 8724:00 PM 171 165 336 Y Y 32 66 98 n n 7705:00 PM 234 228 462 Y Y 55 52 107 n n 10316:00 PM 234 213 447 Y Y 35 44 79 n n 9737:00 PM 108 170 278 n Y 41 38 79 n n 6358:00 PM 86 141 227 n Y 13 31 44 n n 4989:00 PM 58 100 158 n n 14 12 26 n n 34210:00 PM 23 37 60nn347nn 12711:00 PM 9 12 21nn123nn 45TOTAL 2130 2479 4609 699 798 1497 10715Major Street Minor StreetGiffordParkway9/15/2003Count Date09/09/2003 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8, ARTICLE 8-1, SECTION 8-1-4 TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR A NEW DESIGNATED SCHOOL ZONE ON PARKWAY BOULEVARD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 8, Article 8-1, Section 8-1-4, in part to add the following designated school zone for West Town Center Drive, to read as follows: "Sec. 8-1-4 SCHOOL ZONE - SPEED . . . C. The following streets or portions of streets are designated school traffic zones when marked in accordance with subsection (B): All distances are measured from the nearest face of curb of the perpendicular street: Street Extent . . . Parkway Boulevard. from 350 feet west of the east curb line of Hampton Drive to 400 feet east of the east curb line of Hampton Drive." 2 SECTION 2. That the Director of Traffic Control shall erect appropriate signage giving notice of the school zone established herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide; however the school zone established herein shall note take effect until the Director of Traffic Control has erected appropriate signage giving notice of such school zone. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ______________, 2003. 3 APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: City Manager DATE: September 23, 2003 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a request from Eagle-Braewood, L.P., of an exception to the Subdivision Ordinance which would allow placement of an asphalt overlay over approximately five inches of concrete and then approximately ¼ inch of a polymer modified cement based product applied over the asphalt at the Braewood Shopping Center. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Braewood DEPT: Engineering/Public Works DATE: September 23, 2003 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid/Contract #Q0603-01 to Tiseo Construction Company, Inc. for the reconstruction of Bethel School Road from Denton Tap Rd. to Heartz Rd. in an amount of $297,813.35 as provided for in the IMF; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: On July 8, 2003 seven bids were opened for the Bethel School Road project. The apparent low bidder was Tiseo Construction Company, Inc. Based on passed work experience with Tiseo, it is my recommendation that the bid be awarded to Tiseo Construction Company, Inc. in amount of $297,813.35. Construction of this project will resolve an ongoing issue that the City has experienced with traffic in and around the Post Office. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are available in the Infrastructure Maintenance fund for this project. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #BethelSchRd-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: September 23, 2003 RE: Consider approval of awarding Bid/Contract #Q0603-01 to Tiseo Construction Company, Inc. for the reconstruction of Bethel School Road from Denton Tap Rd. to Heartz Rd. in an amount of $297,813.35 as provided for in the IMF; and authorizing the City Manager to sign. On July 8, 2003 seven bids were received and opened for the Bethel School Road project. The low bidder on the project was Tiseo Construction Company, Inc. in an amount of $297,813.35. Also, Tiseo Construction Company, Inc. bid the fewest calendar days of any of the seven bidders. Tiseo Construction Company, Inc. was the contractor on the recently completed Ruby Road project. This project was designed in-house and my estimate for the construction cost was $350,000. Because of the limited workspace and the nature of the reconstruction, an agenda item was brought before Council on June 10, 2003 recommending that the contractor be allowed to restrict traffic to one-way on Bethel School Rd. during the course of construction. That request was approved via Resolution #2003-0610.4. Also, during the design of the project, it was noted that the location of the driveway to the United States Postal facility was creating havoc with traffic patterns along Bethel School Road. In essence, the driveways close proximity to the intersection of Denton Tap had the effect of backing traffic up into Denton Tap Rd. in the mornings when cars were leaving the Post Office and trying to merge into the westbound traffic on Bethel School Rd. On June 10, 2003 an interlocal agreement was brought before Council to allow for the removal of two of the three Post Office driveways onto Bethel School Rd. with the reconfiguration of the access to the parking lot to be further east. Also, a new driveway was proposed to access the secured area on the east side of the Post Office. Since that approval, we have been working with the Post Office to obtain necessary signatures from their corporate office in Tennessee. Our last correspondence from their attorney requested one additional change to the agreement. This was for the City of Coppell to also be responsible for replacing sod in areas where the existing driveways are to be removed. In the overall scheme of the project, this is a fairly minor cost. Therefore, changes have been made to the agreement and processed back to the attorney for the United States Postal Service. We are currently awaiting final approval of that document; however, this project was bid with a 90-day period in which to award the project. That 90-day period will expire the first week of October, prior to the next City Council meeting. Therefore, this project is being requested to be "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" awarded at this time to Tiseo Construction Company, Inc. so that they can begin the mobilization and we can tie down the actual start of construction. Also, we can begin notification to the public about the restriction of the traffic movement along Bethel School Rd. during construction. Staff recommends the approval of the award of the Bethel School Road reconstruction project to Tiseo Construction Company, Inc. in the amount of $297,813.35. Staff will be available to answer any questions at the Council meeting. BASE BID TABULATION: BETHEL SCHOOL ROAD PROJECT ST 02-02* Error in BidItem Quantity Unit DescriptionTiseo Quantum McMahon Camino. JRJ Rebcon SiteUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price1-1 1 LS Mobilization//Demobilization6,500.00 6,500.003,000.00 3,000.00 32,000.00 32,000.00 15,000.00 15,000.00 4,000.00 4,000.00 38,000.00 38,000.00 115,000.00 115,000.001-2 3524 SY Concrete Street Removal/Disposal3.85 13,567.4010.00 35,240.00 7.11 25,055.64 1.00 35,240.00 13.67 48,173.08 6.00 21,144.00 10.00 35,240.001-3 531 SY Concrete Driveway Removal/Disposal3.85 2,044.3512.00 6,372.00 7.11 3,775.41 10.00 5,310.00 5.96 3,164.76 6.00 3,186.00 15.00 7,965.001-4 1 EA 20-Foot Inlet Removal/Disposal700.00 700.001,200.00 1,200.00 900.00 900.00 1,000.00 1,000.00 660.00 660.00 1,500.00 1,500.00 1,000.00 1,000.001-5 1 LS Brick Paver Removal/Replacement6,100.00 6,100.003,000.00 3,000.00 4,300.00 4,300.00 5,000.00 5,000.00 7,500.00 7,500.00 1,700.00 1,700.00 3,500.00 3,500.001-6 76 SY Sidewalk Removal/Disposal9.00 684.009.00 684.00 7.11 540.36 10.00 760.00 13.45 1,022.20 5.00 380.00 15.00 1,140.001-7 6 EA Tree Removal/Disposal220.00 1,320.00300.00 1,800.00 374.00 2,244.00 850.00 5,100.00 535.00 3,210.00 400.00 2,400.00 350.00 2,100.001-8 1 EA Relocate Exist. Light Pole4,200.00 4,200.00800.00 800.00 4,500.00 4,500.00 4,200.00 4,200.00 4,125.00 4,125.00 1,200.00 1,200.00 4,200.00 4,200.001-9 1 EA Lower 8” Cast Iron Water Line6,000.00 6,000.004,500.00 4,500.00 2,750.00 2,750.00 2,800.00 2,800.00 5,500.00 5,500.00 1,500.00 1,500.00 3,500.00 3,500.001-10 3836 SY 7” Concrete Paving w/6” Curb29.10 111,627.6028.00 107,408.00 27.82 106,717.52 34.50 132,342.00 31.23 119,798.28 35.00 134,260.00 38.00 145,768.001-11 78 SY 8” Concrete Paving w/6” Curb35.00 2,730.0050.00 3,900.00 47.49 3,704.22 40.00 3,120.00 47.41 3,697.98 77.00 6,006.00 50.00 3,900.001-12 4465 SY 8” Cement Treated Base15.00 66,975.0016.00 71,440.00 17.01 75,949.65 15.00 66,975.00 20.15 89,969.75 21.00 93,765.00 25.00 111,625.001-13 884 SY 7” concrete Driveway w/6” Curb30.00 26,520.0033.00 29,172.00 37.58 33,220.72 32.00 28,288.00 35.90 31,735.60 38.00 33,592.00 40.00 35,360.001-14 72 SY 4” Sidewalk 5-foot in width35.00 2,520.0035.00 2,520.00 36.88 2,655.36 31.00 2,232.00 36.00 2,592.00 31.00 2,232.00 33.00 2,376.001-15 1 EA 20-Foot Recessed Inlet6,000.00 6,000.004,400.00 4,400.00 4,400.00 4,400.00 4,000.00 4,000.00 5,800.00 5,800.00 5,000.00 5,000.00 5,000.00 5,000.001-16 11 LF 24” Class IV RCP100.00 1,100.00150.00 1,650.00 130.58 1,436.38 70.00 770.00 100.00 1,100.00 150.00 1,650.00 100.00 1,100.001-17 1 LS Repl Pull Boxes/Install Traffic Loops6,000.00 6,000.003,000.00 3,000.00 6,500.00 6,500.00 6,000.00 6,000.00 6,000.00 6,000.00 880.00 880.00 6,000.00 6,000.001-18 1 LS Furnish/Install/Maint Traffic Devices5,500.00 5,500.005,000.00 5,000.00 6,100.00 6,100.00 10,000.00 10,000.00 5,000.00 5,000.00 26,000.00 26,000.00 8,500.00 8,500.001-19 1 LS Pipe/Bollards Around Exist Meter3,000.00 3,000.00500.00 500.00 2,100.00 2,100.00 2,200.00 2,200.00 2,000.00 2,000.00 1,800.00 1,800.00 2,479.00 2,479.001-20 441 EA 4” Double Reflect Buttons5.00 2,205.007.00 3,087.00 6.60 2,910.60 6.05 2,668.05 5.50 2,425.50 4.40 1,940.40 9.00 3,969.001-21 104 EA 4” Single Reflect Buttons5.00 520.006.00 624.00 6.00 624.00 5.50 572.00 5.50 572.00 4.40 457.60 7.00 728.001-22 1 EA R-10 Sign500.00 500.00250.00 250.00 270.00 270.00 250.00 250.00 350.00 350.00 150.00 150.00 550.00 550.001-23 1 LS Furnish/Install/Maintain Erosions Ctl.8,000.00 8,000.0010,000.00 10,000.00 8,500.00 8,500.00 5,000.00 5,000.00 3,000.00 3,000.00 1,500.00 1,500.00 5,000.00 5,000.001-24 6 EA Barrier Free Ramps750.00 4,500.00700.00 4,200.00 400.00 2,400.00 700.00 4,200.00 500.00 3,000.00 500.00 3,000.00 1,000.00 6,000.001-25 1 LS Repair Irrigation9,000.00 9,000.00500.00 500.00 5,500.00 5,500.00 3,000.00 3,000.00 2,500.00 2,500.00 1,000.00 1,000.00 2,000.00 2,000.00Calendar Days 75 90 125 120 120 100 90TOTALS $297,813.35 $304,247.00 $339,053.86 $346,027.05 $363,796.15 * $356,896.15 $384,243.00 $514,000.00 DATE: September 23, 2003 ITEM #: 15 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: September 23, 2003 ITEM #: 16 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding the Grapevine Grapefest Grape Stomp. B. Repor t by Councilmember Tunnell regarding the Nor th Texas Conference on Industrial & Economic Development. C. Repor t by Councilmember York regarding Police Depar tment - Captain Nix. D. Repor t by Councilmember York regarding 9-11 - Sandy Lake Baptist Church. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: September 23, 2003 ITEM #: 17 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: September 23, 2003 ITEM #: 18 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec