CP 2004-10-26
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 26, 2004
DOUG STOVER, DIANA RAINES, Place 3
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
JAYNE PETERS, Place 2 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)
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, October 26, 2004, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, 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
1. Call to order.
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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. CISD/Nor thlake Proper ty.
2. Librar y Noise.
3. 612 St. James.
4. Western Rim v. City of Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Long ter m Parking in Residential Areas.
B. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or per mitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Consider approval of a Proclamation naming the week of October 23
through October 31, 2004 as Red Ribbon Week, and authorizing the Mayor
to sign.
8. Consider approval of a proclamation naming the month of November
Coppell ISD Education Foundation Month, and authorizing the Mayor to
sign.
9. Repor t by Municipal Cour t Judge Marian Moseley.
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ITEM # ITEM DESCRIPTION
10. Consider approval of an Ordinance appointing Marian Moseley as Municipal
Judge and Terry Landwehr and Kim Nesbitt as Alternate Judges of the
Coppell Municipal Cour t No. 1 pursuant to the provisions of Section
4.06(b) and Section 4.06(d) of the City of Coppell Home Rule Char ter and
City Ordinances for a term of two (2) years and authorizing the City
Manager to negotiate contracts with said persons; and authorizing the
Mayor to sign said Ordinance.
11. Swearing in of Municipal Judge and Alternate Judges.
12. Citizens' Appearances.
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 12, 2004.
B. Consider approval of canceling the second meetings in November
and December, being November 23, 2004 and December 28, 2004.
C. Consider approval of calling a Special Work Session to be held on
Thursday, November 11, 2004.
D. Consider approval of a grant agreement by and between the city of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District for 17 cer tified teachers and 3
instructional aides for ESOL in the amount of $880,735, and
authorizing the City Manager to sign.
E. Consider approval of a grant agreement by and between the city of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District for nine literacy inter vention
suppor t teachers in the amount of $450,882, and authorizing the
City Manager to sign.
F. Consider approval of a grant agreement by and between the city of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District for ten Spanish teachers at the
High School in the amount of $474,995, and authorizing the City
Manager to sign.
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ITEM # ITEM DESCRIPTION
G. Consider approval of a grant agreement by and between the city of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District for 4.5 cer tified Spanish
teachers in the amount of $219,779, and authorizing the City
Manager to sign.
H. Consider approval of an Agreement for Professional Services with
Halff and Associates for the Design, Construction Documentation
and Contract Administration for the Coppell Town Center Plaza, in
the amount of $148,012.00, and authorizing the City Manager to
sign.
I. Consider approval of The William T. Cozby Public Library Advisory
Board Amended By-Laws as approved by Librar y Advisor y Board on
October 14, 2004.
J. Consider approval of an Interlocal Cooperation Agreement with
Denton County to receive compensation in the amount of $5,830 for
library services for fiscal year 04/05; and authorizing the Mayor to
sign.
END OF CONSENT
14. PUBLIC HEARING (Continued):
Consider approval of Case No. PD-163R3-SF-9, Windsor Estates, zoning
change request from PD-163R2-SF-9 (Planned Development 163-Revision
2-Single Family-9) to PD-163R3-SF-9 (Planned Development 163-Revision
3-Single Family-9) to allow the retention of an existing 4.25’ tall wrought
iron fence on an 18” tall retaining wall 15 feet from the proper ty line along
DeForest Road on Lot 1, Block B (612 St. James).
15. Consider approval to purchase one (1) Pierce 95’ Mid-mount Platform, job
#15011 through Houston-Galveston Area Coop (HGAC) Bid Number FS10-
03 in the amount of $810,000.00, and authorizing the City Manager
approval to execute all appropriate documents.
16. Consider approval to purchase of two (2) Chevrolet Tahoes through
BuyBoard from Gunn Chevrolet in San Antonio for the amount not to
exceed $25,550.00 each, as budgeted; and authorizing the City Manager to
sign all required documents relative to the purchase.
17. Necessary action resulting from Work Session.
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ITEM # ITEM DESCRIPTION
18. Mayor and Council Repor ts.
A. Repor t by Mayor Stover regarding Town Hall Cable Program.
B. Repor t by Mayor Stover regarding DFW Airpor t Noise.
C. Repor t by Mayor Stover regarding Halloween Safety.
19. 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 _________________,
2004, at __________________.
____________________________________
Libby Ball, City Secretar y
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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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.
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KEY TO COUNCIL GOALS ICONS
2005
Economic Development
• Continue "Hot Spot" focus
• Develop strategy for use or sale of city-owned property
• Study revenue enhancement options
• Develop comprehensive Old Town strategy
• Entice Dallas County Community College District to locate satellite
facility in Coppell
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Study continued use of ½-cent sales tax for park purposes
• Develop permanent funding for IMF
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation activities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Explore municipal/ISD service synergies
• Develop methods to enhance communication and citizen involvement
Sense of Community
• Develop comprehensive Old Town strategy
• Finalize cemetery issue
• Develop and support community special events and programs
• Develop and support activities for teens
• Continue development of trails throughout the community
Fiscal Stability
• Continue and improve financial planning and forecasting
• Continue systematic management and reduction of debt
• Balance expenditure decisions with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to
implementation
• Work to protect sales tax base from Streamlined Sales Tax initiative
Neighborhood Integrity & Code Enforcement
• Maintain communications with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Introduce a more proactive neighborhood integrity approach
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public safety education programs
• Enhance traffic/speed control efforts
DATE: October 26, 2004
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
1. CISD/Northlake Property.
2. Library Noise.
3. 612 St. James.
4. Western Rim v. City of Coppell.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: October 26, 2004
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Long Term Parking in Residential Areas.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name: %worksession
DEPT: Police
DATE: October 26, 2004
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Proclamation naming the week of October 23 through October 31, 2004 as RED
RIBBON WEEK, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Along with other Metrocrest Cities, the City of Coppell, through its representatives, has participated in the
Metrocrest Red Ribbon Campaign Committee’s efforts to combat alcohol & drug abuse in our communities.
It is our desire to present a uniformed and visible commitment toward a drug-free community, particularly
during the Texas Red Ribbon Week, October 23 – 31, 2004. The campaign will include all segments of our
community: schools, churches, business & industry, media, and City government.
Various activities are planned to focus the attention toward this effort. Members of the Police department as
well as various school and city officials will attend a Red Ribbon breakfast on October 29th to gear up for the
event. McGruff and Coppell Police Officers will make visits to the elementary schools in Coppell. Red Ribbons
will be distributed and worn to promote the week and all city owned vehicles will display red ribbons.
Therefore, submitted herewith is a proclamation for consideration by City Council to proclaim October 23 –
31, 2004, as RED RIBBON WEEK.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: )RRibbon WK
Proclamation
WHEREAS, tobacco, alcohol, and other drug use has reached epidemic stages in the
United States, with the 15-24 year old age group dying at a rate which is higher than that of any
other age group; and
WHEREAS, in an effort to combat the continuing demand for drugs in our country, it is
imperative that our community launch a visible, unified prevention education effort directed
toward both youth and adult age groups; and
WHEREAS, Texans’ War on Drugs is sponsoring the Red Ribbon Campaign all across
our State during Red Ribbon Week, October 23 through October 31, 2004, to offer Texans the
opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, individuals and groups in business, government, law enforcement,
education, religious institutions, athletic and service organizations, and others will demonstrate
their commitment to drug-free, healthy lifestyles by wearing and displaying Red Ribbons during
Red Ribbon Week; and
WHEREAS, the Coppell Police Department desires to present a uniformed and visible
commitment toward a drug-free community, particularly during the Texas Red Ribbon Week,
and plan to involve all segments of our community: schools, churches, businesses and industry,
media, and City employees.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby
proclaim the week of October 23 through October 31, 2004 as
“Red Ribbon Week”
in the City of Coppell, Dallas County, Texas. The Mayor and City Council call on all citizens to
join in this worthwhile campaign toward a drug-free community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ___________ day of October 2004.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: October 26, 2004
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming the month of November COPPELL ISD
EDUCATION FOUNDATION MONTH, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !ISD
PROCLAMATION
WHEREAS, the Coppell ISD Education Foundation believes that all parents and
community members can participate with the school district to enrich public education; and
WHEREAS, the Foundation seeks to encourage all students to work to their highest
potential by providing opportunities for unique educational experiences; and
WHEREAS, the Foundation encourages Coppell ISD teachers to implement innovative
instructional strategies by funding original programs and projects; and
WHEREAS, the Foundation believes in recognizing staff members for exemplary
teaching; and
WHEREAS, the Foundation is resolved, through the administration of its gifts, to
support education in Coppell ISD.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do commend
the directors of the Coppell Independent School District Education Foundation, and proclaim the
month of November as
"COPPELL ISD EDUCATION FOUNDATION MONTH"
and call upon all citizens to join me in recognizing the valuable work of the Education
Foundation and to work with them to support the staff and students of Coppell public schools.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell
to be affixed this ______day of October 2004.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: October 26, 2004
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION: Report by Municipal Court Judge Marian Moseley.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !ReportJudge
DEPT: City Manager
DATE: October 26, 2004
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance appointing Marian Moseley as Municipal Judge and Terry
Landwehr and Kim Nesbitt as Alternate Judges of the Coppell Municipal Court No. 1 pursuant to the provisions of
Section 4.06(b) and Section 4.06(d) of the City of Coppell Home Rule Charter and City Ordinances for a term of
two (2) years and authorizing the City Manager to negotiate contracts with said persons; and authorizing the Mayor
to sign said Ordinance.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for these contracts have been budgeted in the Municipal Court Other
Professional Services account (01-06-36-4220)
Agenda Request Form - Revised 09/04 Document Name: !Judges
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
APPOINTING A PRESIDING MUNICIPAL JUDGE AND ALTERNATE
MUNICIPAL JUDGES OF THE COPPELL MUNICIPAL COURT OF
RECORD NO. 1 OF THE CITY OF COPPELL, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, State law requires a municipality to enact ordinances for the appointment of
judges and alternate judges; and
WHEREAS, the term of the current Municipal Judge and Alternate Judges have expired;
and
WHEREAS, the Council desires to reappoint the current Municipal Judge and Alternate
Municipal Judges.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That in accordance with the provisions of the City Charter and State law, the
City Council hereby appoints Hon. Marian Moseley to serve as the Municipal Judge of the Coppell
Municipal Court No. 1, and shall act as the presiding judge of said Court, and, the City Council
hereby appoints Hon. Kim Nesbitt and Hon. Terry Landwehr and shall each serve as Alternate
Municipal Judges. The Municipal Judge and Alternate Municipal Judges appointed herein shall
each have and possess the authority, powers, rights, duties, and jurisdiction granted to and
imposed on municipal judges of the Courts of Record of the State of Texas by the provisions of
State law, City Charter and the ordinances of the City of Coppell.
SECTION 2.That the Municipal Judge and the Alternate Municipal Judges appointed
hereunder shall each serve a term of office of two (2) years commencing from the effective date
hereof, unless sooner terminated according to the provisions of law.
2
SECTION 3.That the City Manager shall determine the appropriate compensation and
negotiate with the foregoing persons such contracts and agreements as may be deemed necessary
and appropriate and shall execute such contracts as the act and deed of the City.
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.That this ordinance shall take effect immediately from and after its passage
and the publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2004.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: City Manager
DATE: October 26, 2004
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION: Swearing in of Municipal Judge and Alternate Judges.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !SwearingIn
DATE: October 26, 2004
ITEM #: 12
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: %citapp.doc
DEPT: City Secretary
DATE: October 26, 2004
ITEM #: 13/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: October 12, 2004
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
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MINUTES OF OCTOBER 12, 2004
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 12, 2004, 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
Diana Raines, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding November and December meeting
schedule.
B. Discussion regarding Comcast's request to the FCC for a
deregulation exemption.
C. Review Electronic Citizen Satisfaction Survey.
D. Update on 40 Development Assets.
E. Discussion of Agenda Items.
Adjourn Work Session.
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PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no
Council action is required or permitted.
REGULAR SESSION (Open to the Public)
3. Reconvene Council Meeting.
4. Invocation.
Pastor Greg Brassfield, Church of Jesus Christ of Latter Day Saints, led
those present in the Invocation.
5. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
6. Citizens' Appearances.
There was no one signed up to speak on this item.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 28, 2004.
B. Consider approval of a resolution authorizing the
purchase of books and audio-visual materials for the
William T. Cozby Public Library from the contracted
vendors, on an annual basis, as budgeted, through the
Northeast Texas Library System; authorizing the City
Manager or his designee to take such action and execute
such documents as necessary to effectuate the purchase;
and authorizing the Mayor to sign.
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C. Consider approval of amending the contract with Teague,
Nall & Perkins, Inc. for the design of West Sandy Lake
Road (from Denton Tap to S.H. 121) in an amount of
$141,820 as provided for in CIP funds; and authorizing
the City Manager to sign.
D. Consider authorizing the hiring of three firefighter/
paramedic personnel.
Land Use and Development
E. Consider approval of an Ordinance for Case No. PD-161R-
SF-12, Stratford Manor, zoning change from PD-161-SF-
12 (Planned Development-161-Single Family-12) to PD-
161R-SF-12 (Planned Development-161 Revised-Single
Family-12), to amend the Landscape Plan to allow for an
144-square-foot entry building, with landscaping in the
common area (Lot 1X), and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1108R2-
A, Sprint Spectrum Communication, zoning change from
S-1108R-A (Special Use Permit-1108 Revised-Agriculture)
to S-1108R2-A (Special Use Permit-1108 Revision 2-
Agriculture), to allow for wireless communication
antennae to be mounted to an existing electric
transmission tower, with an accessory cabinet at the base
of the tower, located approximately 1,000-feet southwest
of the intersection of MacArthur Boulevard and the
transmission line easement, and authorizing the Mayor to
sign.
G. Consider approval of an Ordinance for Case No. S-1219-
TC, Carvel Ice Cream, zoning change request from TC
(Town Center) to S-1219-TC (Special Use Permit-1219-
Town Center), to allow the operation of a 1,500-square-
foot restaurant to be located in the Town Center
Addition, Lot 2, Block 3, along the east side of Denton
Tap Road, north of Town Center Blvd., and authorizing
the Mayor to sign.
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H. Consider approval of an Ordinance for Case No. S-1220-
TC, Verizon Wireless, zoning change from TC (Town
Center) to S-1220-TC (Special Use Permit-1220-Town
Center) to allow for the replacement of a 70-foot light
standard with an 80-foot light standard to permit wireless
communication antennae, with ground-mounted
equipment, located at 363 N. Denton Tap Road (Andrew
Brown Park West), and authorizing the Mayor to sign.
I. Consider approval of an Ordinance for Case No. S-1221-C,
Verizon Wireless, zoning change from C (Commercial) to
S-1221-C (Special Use Permit-1221-Commercial), to allow
for a maximum 25-foot extension of an existing 75-foot
monopole, to allow for a co-location of wireless
communication antennae at a height of 100-feet, with
ground-mounted equipment, located 636 Sandy Lake
Road, and authorizing the Mayor to sign.
END OF CONSENT
Item E was pulled for separate consideration.
Presentation:
Ken Griffin, Director of Engineering and Public Works, clarified Item C.
Action:
Councilmember York moved to approve Consent Agenda Items A, B
carrying Resolution 2004-1012.1, C, D, F carrying Ordinance No. 91500-
A-391, G carrying Ordinance No. 91500-A-392, H carrying Ordinance No.
91500-A-393, and I carrying Ordinance No. 91500-A-394.
Councilmember Suhy seconded the motion, the motion carried 7-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell,
Faught, Suhy and York voting in favor of the motion.
E. Consider approval of an Ordinance for Case No. PD-161R-SF-12,
Stratford Manor, zoning change from PD-161-SF-12 (Planned
Development-161-Single Family-12) to PD-161R-SF-12 (Planned
Development-161 Revised-Single Family-12), to amend the
Landscape Plan to allow for an 144-square-foot entry building,
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with landscaping in the common area (Lot 1X), and authorizing
the Mayor to sign.
Presentation:
Bill Anderson, 705 Stratford, Applicant, addressed questions of Council.
Action:
Councilmember York moved to approve Ordinance No. 91500-A-390 for
Case No. PD-161R-SF-12, Stratford Manor, zoning change from PD-161-
SF-12 (Planned Development-161-Single Family-12) to PD-161R-SF-12
(Planned Development-161 Revised-Single Family-12), to amend the
Landscape Plan to allow for an 144-square-foot entry building, with
landscaping in the common area (Lot 1X), and authorizing the Mayor to
sign. Mayor Pro Tem Raines seconded the motion, the motion carried
7-0 with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters,
Tunnell, Faught, Suhy and York voting in favor of the motion.
8. PUBLIC HEARING:
Consider approval of Case No. S-1223-TC, Taco Del Mar, zoning
change request from TC (Town Center) to S-1223-TC (Special
Use Permit-1223-Town Center), to allow the operation of a
1,650-square-foot restaurant, with outdoor patio, to be located
in the Town Center Addition, Lot 2, Block 3, along the east
side of Denton Tap Road; north of Town Center Blvd.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Tom Chapman, 955 Bethel School Road, Applicant, was available for any
questions Council may have.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1223-TC, Taco Del Mar, zoning change request from TC
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(Town Center) to S-1223-TC (Special Use Permit-1223-Town Center), to
allow the operation of a 1,650-square-foot restaurant, with outdoor patio,
to be located in the Town Center Addition, Lot 2, Block 3, along the east
side of Denton Tap Road; north of Town Center Blvd. subject to the
following conditions:
1. The property shall be developed in accordance with the site
plan, floor plan and sign plan.
2. The hours of operation shall not exceed 6 a.m. to 11 p.m.,
seven days a week.
Councilmember Brancheau seconded the motion, the motion carried 7-0
with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters,
Tunnell, Faught, Suhy and York voting in favor of the motion.
9. PUBLIC HEARING:
Consider approval of Case No. PD-205-HC, Vista Ridge
Addition, Lots 1BR-8X Block D (The Plaza), zoning change
request from HC (Highway Commercial) to PD-205-HC (Planned
Development-205-Highway Commercial), to allow for the
development of six, one- and two-story general and medical
office buildings, totaling approximately 62,700-square feet,
and two common areas, on 7.77 acres of property located along
the north side of S.H. 121, approximately 670 feet east of
Denton Tap Road.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Bill Anderson, Applicant, made a presentation to Council.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. PD-205-HC, Vista Ridge Addition, Lots 1BR-8X Block D (The
Plaza), zoning change request from HC (Highway Commercial) to PD-205-
HC (Planned Development-205-Highway Commercial), to allow for the
CM101204
Page 7 of 12
development of six, one- and two-story general and medical office
buildings, totaling approximately 62,700-square feet, and two common
areas, on 7.77 acres of property located along the north side of S.H. 121,
approximately 670 feet east of Denton Tap Road subject to the following
conditions:
1. Approval of the 50-foot r-o-w and 28-foot street.
2. Dimension distance between r-o-w of Highland Drive and
building on Lot 1.
3. Landscape screening needs to be provided at back of the
parking spaces on the south end of Lot 6.
4. Indicate size, color, font, material, etc., of the monument
signage.
5. Compliance with Engineering Department comments.
Site Plan –
A. Driveway locations and spacing along Highland Drive shall
be approved by the City of Lewisville standards.
B. The driveway proposed at the SH 121 frontage road will need
to be permitted by TxDOT. This drive will require a
deceleration lane.
Mayor Pro Tem Raines seconded the motion, the motion carried 7-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell,
Faught, Suhy and York voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of the Vista Ridge Addition, Lots 1BR-8X,
Block D, Replat of Lot 1B, Block D of Vista Ridge, to allow for
the development of six, one- and two-story general and medical
office buildings, totaling approximately 62,700-square feet,
and two common areas, on 7.77 acres of property located along
the north side of S.H. 121, approximately 670 feet east of
Denton Tap Road.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
CM101204
Page 8 of 12
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve the Vista Ridge Addition, Lots 1BR-8X, Block D, Replat of Lot
1B, Block D of Vista Ridge, to allow for the development of six, one- and
two-story general and medical office buildings, totaling approximately
62,700-square feet, and two common areas, on 7.77 acres of property
located along the north side of S.H. 121, approximately 670 feet east of
Denton Tap Road subject to the following conditions:
1. Contact TXU to discuss easement requirements.
2. Show overall width of Plaza Boulevard as 50 feet, as depicted
on Site Plan.
3. Abide by Engineering comments.
Preliminary Utility Plan –
A. Provide Fire Hydrants along S.H. 121 @ 300’ spacing.
B. The City of Coppell has a 12” sewer line in S.H. 121
ROW. Ensure you tie into the correct line.
Preliminary Drainage Plan –
A. Coordinate with the city of Lewisville for drainage work
located within that city.
B. All drainage within the development will be privately
owned and maintained up to the ROW line.
Mayor Pro Tem Raines seconded the motion, the motion carried 7-0 with
Mayor Pro Tem Raines and Councilmembers Brancheau, Peters, Tunnell,
Faught, Suhy and York voting in favor of the motion.
11. PUBLIC HEARING:
Consider approval of Case No. PD-163R3-SF-9, Windsor Estates,
zoning change request from PD-163R2-SF-9 (Planned
Development 163-Revision 2-Single Family-9) to PD-163R3-SF-
9 (Planned Development 163-Revision 3-Single Family-9) to
allow the retention of an existing 4.25’ tall wrought iron fence
on an 18” tall retaining wall 15 feet from the property line
along DeForest Road on Lot 1, Block B (612 St. James).
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
CM101204
Page 9 of 12
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council stating
that the Applicant would like a continuance.
There was a call for an Executive Session at this time.
EXECUTIVE SESSION (Closed to the Public)
Section 551.071, Texas Government Code - Consultation with
City Attorney.
Mayor Stover convened into Executive Session at 7:39 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 8:10 p.m. and opened the Regular Session.
REGULAR SESSION (RECONVENED) (Open to the Public)
Action:
Councilmember Peters moved to continue the Public Hearing to the
October 26, 2004 City Council meeting. Mayor Pro Tem Raines seconded
the motion, the motion carried 5-2 with Mayor Pro Tem Raines and
Councilmembers Brancheau, Peters, Tunnell and Faught voting in favor
of the motion and Councilmembers Suhy and York voting against the
motion.
12. PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zoning,
of the Code of Ordinances, Section 12-34-2.6, adding
subsection (I) regarding exempting the building pad areas from
the tree reparation requirement.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
CM101204
Page 10 of 12
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Action:
Councilmember Peters moved to close the Public Hearing and approve a
text amendment to Chapter 12, Zoning, of the Code of Ordinances,
Section 12-34-2.6, adding subsection (I) regarding exempting the
building pad areas from the tree reparation requirement.
Councilmember Faught seconded the motion, the motion carried 7-0
with Mayor Pro Tem Raines and Councilmembers Brancheau, Peters,
Tunnell, Faught, Suhy and York voting in favor of the motion.
13. Consider approval of awarding Bid/Contract #Q-0804-01 to
Canfer Construction Company, for the construction of the
Deforest Road and Sandy Lake Road Lift Station Improvements
in an amount of $2,586,625, as provided for in water and sewer
CIP funds; and authorizing the City Manager to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to Council.
Action:
Councilmember Faught moved to approve awarding Bid/Contract
#Q-0804-01 to Canfer Construction Company, for the construction of the
Deforest Road and Sandy Lake Road Lift Station Improvements in an
amount of $2,586,625, as provided for in water and sewer CIP funds;
and authorizing the City Manager to sign. Councilmember Suhy
seconded the motion, the motion carried 7-0 with Mayor Pro Tem Raines
and Councilmembers Brancheau, Peters, Tunnell, Faught, Suhy and
York voting in favor of the motion.
14. Necessary action resulting from Work Session.
There was no action necessary under this item.
CM101204
Page 11 of 12
15. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors'
Meeting.
B. Report by Councilmember Peters regarding meeting with
Senator Harris.
A. Mayor Stover reported on the Metroplex Mayors’ Meeting he and
Jim Witt, City Manager, attended on October 12, 2004. The main
topic of discussion was property taxes.
B. Councilmember Peters reported on the meeting she and Clay
Phillips, Deputy City Manager, had with Senator Harris on
October 4, 2004. The main topics of discussion were residential
speed limits, public safety, NFTA 1710 and collective bargaining,
concealed handguns in city facilities and parks, tax caps,
streamline sales tax, car burglaries, red light cameras, local control
on alcohol issues, the move over law and school finance.
EXECUTIVE SESSION (Closed to the Public)
16. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Discussion regarding new airport procedures.
Mayor Stover convened into Executive Session at 8:47 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 9:52 p.m. and opened the Regular Session.
REGULAR SESSION (RECONVENED) (Open to the Public)
17. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
CM101204
Page 12 of 12
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
DEPT: City Secretary
DATE: October 26, 2004
ITEM #: 13/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of canceling the second meetings in November and December, being November 23, 2004 and
December 28, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %cancel
DEPT: City Secretary
DATE: October 26, 2004
ITEM #: 13/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of calling a Special Work Session to be held on Thursday, November 11, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %callmeeting
DEPT: City Manager
DATE: October 26, 2004
ITEM #: 13/D
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant agreement by and between the city of Coppell, the Coppell
Education Development Corporation, and the Coppell Independent School District for 17 certified teachers and 3
instructional aides for ESOL in the amount of $880,735, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant are available in the CEDC 1/2 cent sales tax.
Agenda Request Form - Revised 09/04 Document Name: !ESOL
_______________________________________________
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-E02 to provide
funding for English for speakers of other languages (the PROJECT), which is designed to
develop proficiency in the English language for those students who enter the district as either
non-English speaking or limited English speaking; and
WHEREAS, the PROJECT will provide limited English proficient students skills that
will enable them to successfully complete their education and is a part of a comprehensive
education program that takes into account the students' social, educational, and personal
backgrounds, as well as their existing skills and knowledge; and
WHEREAS, CISD is in need of funding the salaries for seventeen (17) certified teachers
and three (3) instructional aides, 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 the amount of Eight
Hundred Eighty Thousand Seven Hundred Thirty-five Dollars and no cents ($880,735.00).
2.CISD agrees to utilize the GRANT to fund the salaries of seventeen (17) certified
teachers and three (3) instructional aides for approximately 446 pre-Kindergarten through twelfth
grade students.
3.CITY agrees to provide the GRANT of Eight Hundred Eighty Thousand Seven Hundred
Thirty-five Dollars and no cents ($880,735.00) funds payable on a quarterly basis with the first
payment to be made in November 2004.
4. On a quarterly basis beginning no later than January 31, 2005 the CISD shall submit a
detailed list of expenditures for this GRANT to the CEDC. The detailed list shall include, but
not limited to, all personnel costs. CISD shall also submit no later than sixty (60) days after the
close of school year the number of students served, grade levels actually served, 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.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
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 _____________________, 2004.
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 _____________________, 2004.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
ATTEST:
By: ______________________________________
SIGNED this ______ day of ________________, 2004.
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 _______________,
2004, 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 ___________,
2004, by Antonio Altemus, President of the 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 ___________,
2004, 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: October 26, 2004
ITEM #: 13/E
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant agreement by and between the city of Coppell, the Coppell
Education Development Corporation, and the Coppell Independent School District for nine literacy intervention
support teachers in the amount of $450,882, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant are available in the CEDC 1/2 sales tax.
Agenda Request Form - Revised 09/04 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. 2004-L03 to provide
funding for nine (9) Literacy Intervention Support teachers, one (1) teacher per campus to assist
targeted students in grades K-3 to develop literacy skills needed for academic success (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, one (1) teacher per campus to assist targeted students in grades K-3 to develop
literacy skills needed for academic success 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 Fifty Thousand Eight Hundred Eighty-two Dollars and no cents ($450,882.00).
2.CISD agrees to utilize the GRANT to fund nine (9) Literacy Support Teachers, one (1)
teacher per campus to assist targeted students in grades K-3 to develop literacy skills needed for
academic success.
3.CITY agrees to provide the GRANT of Four Hundred Fifty Thousand Eight Hundred
Eighty-two Dollars and no cents ($450,882.00) funds payable on a quarterly basis with the first
payment to be made in November 2004. 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 January 31, 2005 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 _____________________, 2004.
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 _____________________, 2004.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
ATTEST:
By: ______________________________________
SIGNED this ______ day of ________________, 2004.
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 _______________,
2004, 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 ___________,
2004, by Antonio Altemus, President, 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 ___________,
2004, 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: October 26, 2004
ITEM #: 13/F
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant agreement by and between the city of Coppell, the Coppell
Education Development Corporation, and the Coppell Independent School District for ten Spanish teachers at the
High School in the amount of $474,995, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant are available in the CEDC 1/2 sales tax.
Agenda Request Form - Revised 09/04 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. 2004-S02 to provide
funding for ten (10) Spanish teachers at Coppell High School (the PROJECT), to provide daily
instruction to students in grades nine to twelve who have elected to study the Spanish language
and culture in order to satisfy a State graduation requirement; 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 ten (10) Spanish teachers, 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
Four Hundred Seventy-four Thousand Nine Hundred Ninety-five Dollars and no cents
($474,995.00).
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
2.CISD agrees to utilize the GRANT to fund ten (10) Spanish teachers at Coppell High
School.
3.CITY agrees to provide the GRANT of Four Hundred Seventy-four Thousand Nine
Hundred Ninety-five Dollars and no cents ($474,995.00), funds payable on a quarterly basis with
the first payment to be made in November 2004. 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 January 31, 2005 the CISD shall submit
personnel costs 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,
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.
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.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
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 _____________________, 2004.
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 _____________________, 2004.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, President
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
EXECUTED this ______ day of ________________, 2004.
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 _______________,
2004, 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 ___________,
2004, by Antonio Altemus, President, 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 ___________,
2004, 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: October 26, 2004
ITEM #: 13/G
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant agreement by and between the city of Coppell, the Coppell
Education Development Corporation, and the Coppell Independent School District for 4.5 certified Spanish
teachers in the amount of $219,779, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant are available in the CEDC 1/2 cent sales tax.
Agenda Request Form - Revised 09/04 Document Name: !Spanish4.5
_______________________________________________
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. 2004-S03 to provide
funding for 4.5 certified Spanish teachers (the PROJECT), to serve students in grades K-5 at
nine (9) CISD campuses; 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 4.5 certified Spanish teachers,
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 Sixteen Thousand Seven Hundred Seventy-nine Dollars and no cents
($216,779.00).
2.CISD agrees to utilize the GRANT to fund 4.5 certified Spanish teachers to serve
students in grades K-5.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
3.CITY agrees to provide the GRANT of Two Hundred Sixteen Thousand Seven Hundred
Seventy-nine Dollars and no cents ($216,779.00), funds payable on a quarterly basis with the
first payment to be made in November 2004. 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 January 31, 2005 the CISD shall submit
personnel costs 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,
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.
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
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 _____________________, 2004.
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 _____________________, 2004.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, President
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
EXECUTED this ______ day of ________________, 2004.
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 _______________,
2004, 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 ___________,
2004, by Antonio Altemus, President, 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 ___________,
2004, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
Notary Public, State of Texas
My Commission expires:
________________________
DEPT: Parks & Recreation
DATE: October 26, 2004
ITEM #: 13/H
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Agreement for Professional Services with Halff and Associates for the Design,
Construction Documentation and Contract Administration for the Coppell Town Center Plaza, in the amount of
$148,012.00, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
A goal of the city for several years has been the development of the area to the south of Town Center into a usable,
pedestrian-friendly plaza. The 1999 Bond referendum contained approval of $1,000,000.00 for this development,
from which funding for the Agreement under consideration will come. City Council Approval of this item will
authorize the City Manager to enter into an agreement with Halff and Associates for Professional Services related
to the design, construction documentation, and construction observation and administration for the creation of this
plaza. Please see the attached memo for further details.
FINANCIAL COMMENTS: Funds are available in the 2004 Park CIP Fund for this contract.
Agenda Request Form - Document Name:^Town Center Plaza
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: October 26, 2004
To: Mayor and City Council
From: Brad Reid, Director
Re: Consider approval of an Agreement for Professional Services with Halff and
Associates for the Design, Construction Documentation and Contract Administration for
the Coppell Town Center Plaza, in the amount of $148,012.00, and authorizing the City
Manager to sign.
Background:
The city has discussed the possibility of developing the area south of Town Center into a
usable, pedestrian-friendly plaza for many years. A preliminary concept plan was
developed and presented to Council in 1997 for consideration and comment. Ideas
generated during those discussions will be carried forward as possible elements for
further refinement as new development concepts are considered. The 1999 Bond
referendum contained approval of $1,000,000.00 for this development, from which
funding for the Agreement under consideration will come.
A formal Request for Qualifications was advertised for this project, to which 13
proposals were received on July 8, 2004. A staff selection panel was organized and
reviewed the proposals from the potential candidates, narrowing the list to four firms to
interview. The selection panel held four interviews on August 20, 2004, from which
Halff and Associates was chosen as the final candidate. The process of negotiating the
attached agreement was then begun with Halff.
The Agreement includes compensation and allowances for the following Professional
Services:
1.) Basic Services for Design Development, Construction Documents and Bidding
shall be a stipulated sum of $126,196.00.
2.) For Construction Observation/Construction Administration, a contract allowance
of $6,816.00 is included.
3.) For the Supplemental Service of providing Field Surveys and Base Mapping an
allowance is included of $7,000.00.
4.) For the Supplemental Service of providing Geotechnical Investigation and Report
Services, a contract allowance is included of $3,500.00.
5.) A contract allowance of $4,500.00 is included for Reimbursable Expenses for the
direct expenses of the provider, which are outside the above parameters.
City Council approval of this item will authorize the City Manager to enter into this
agreement with Halff and Associates for Professional Services related to the design,
construction documentation, and construction observation and administration for the
creation of this plaza. Halff estimates that the design and construction documentation
process will take approximately 8 to 9 months to complete. Bidding and construction
will begin after the completion of the Construction Documentation phase.
City Council Action requested:
City Council action requested is to approve the attached Agreement for Professional
Services with Halff and Associates for the Design, Construction Documentation and
Contract Administration for the Coppell Town Center Plaza, in the amount of
$148,012.00, and authorizing the City Manager to sign.
Staff Recommendation:
Staff recommends approval of this item.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 1
STATE OF TEXAS §
§
§ AGREEMENT FOR PROFESSIONAL SERVICES
§
COUNTY OF DALLAS §
This Agreement ("AGREEMENT") is made by and between the City of Coppell
("CITY"), a Texas municipality, and ("HALFF") acting by and through their authorized
representatives for the benefit of the City of Coppell, Texas ("CITY").
RECITALS:
WHEREAS, the CITY wishes to have developed a PLAZA AT TOWN CENTER; and
WHEREAS, the CITY desires to begin the PROJECT and has selected HALFF to
perform professional services, without the requirement to bid for such services, in accordance
with the requirements in Chapter 252 of the Texas Local Government Code; and
WHEREAS, the CITY desires to engage the services of HALFF, as an independent
contractor and not as an employee, to perform the design and construction documents and other
Professional Services for the PROJECT on the terms and conditions provided in this
AGREEMENT; and
WHEREAS, the CITY shall act by and through the CITY's Director of Parks and
Recreation; and
WHEREAS, HALFF desires to render Professional Services for the CITY on the terms
and conditions provided in this AGREEMENT for the benefit of the CITY;
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the
parties agree as follows:
A. TERM
The term of this AGREEMENT shall begin on the date of its execution by all parties.
This AGREEMENT shall continue until HALFF completes the Professional Services required
herein to the satisfaction and acceptance by the CITY, unless sooner terminated as provided
herein.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 2
B. SCOPE OF PROJECT
Purpose
The purpose of this project is to prepare plans and specifications for the Coppell Town
Commons Plaza Development. The site is a (+/-)6 -acre tract on the sides and behind the
Town Center Building that is bounded by the Justice Center and Elementary School and
extends southward to the YMCA. The intent will be to create a plaza that is multi-
functional and a commons area that is an “outdoor living room” that is enjoyable by not
only the occupants and users of these facilities but also by the citizens of Coppell.
The scope of the PROJECT includes but is not limited to the following:
1. Clearing, grubbing, demolition and other normal site preparation.
2. Drainage including surface drainage only. We anticipate no storm water detention
will be required.
3. Earthwork including mass grading and fine grading. Trash removal and hazardous
waste removal that may be associated with site preparation and earthwork is
excluded from Basic Professional Services.
4.Based upon preliminary project budget, the proposed items for development for
which this proposal is based include:
a. Clock Tower
b. Amphitheater with associated sound system design
c. Internal walking paths
d. Pavilion
e. Entrance markers
f. Employee Break and Smoking Area
g. Site furnishings, (benches, picnic tables, trash receptacles, and drinking
fountains)
h. Landscaping
i. Turfgrass and Irrigation Systems
j. Earth sculpting and grading
k. Lighting
l. Public Art
m. Accommodations for temporary vendors, (ie water, electrical, paved surfaces)
5. Areas for inclusion are generally described as:
AGREEMENT FOR PROFESSIONAL SERVICES
Page 3
a. The planning area shall be approximately 6 acres generally to the south of the
Town Center building.
b. Some planning may be required next to or adjacent Coppell Independent
School District property.
C. SERVICES IN CONNECTION WITH THE PROJECT
HALFF agrees to provide the following services:
1. Field Surveys and Base Mapping of Existing Site Conditions: HALFF shall
arrange for and coordinate surveys to locate and confirm certain locations of
boundary lines and corners and various existing facilities, and to provide a
topographic survey for the construction limits described above. Project horizontal
and vertical survey control monuments will be established. Base maps for the
construction layout and elevation controls shall be created. A Boundary Survey of
the property will not be prepared.
2. Geotechnical Investigation and Report Services:
a. The CITY agrees that HALFF may utilize previous geotechnical
investigations and reports performed by independent Geo-technical Engineers
for prior developments at the site, to serve as the basis for design for this
PROJECT, however, complete geo-technical investigations likely do not
exist for this entire site.
b. Professional Geo-technical Services will be provided for the project in
addition to the aforementioned. The services of the Geo-technical engineers
shall be provided, on behalf of the CITY, as a reimbursable expense to
HALFF in accordance to Section G(3).
3. Kick off Meeting and Pre-design: HALFF will conduct a kick off and pre-design
meeting with CITY of Coppell Parks Department and other required staff
members to refine the current program of facilities for the site, and to outline
specific desired elements over and above the elements previously discussed. In
this task we will visit the Town Center site with parks department staff, and will
conduct a follow-up site reconnaissance, building on the information and site
reviews conducted during the planning process. HALFF will assemble
information on the site that may be pertinent to the design of the Town Center
Commons area.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 4
4. Master Planning and Presentation Services: Master planning for the Plaza and
facilities will be performed and presented as not less than two, no more than three
conceptual design alternatives with opinions of probable construction costs. We
will illustrate the potential location of walkways, pavilions, amphitheater,
smoking areas, clock tower, and other amenities, as well as the potential location
of public gathering spaces. The conceptual master plan will be in color at a
suitable scale, and will be accompanied by reproducible copies at (2) full size and
(5) 11” x 17” size as well.
Presentations will be made at (1) a workshop with citizen representatives; and (2)
a CITY Council work session.
a. Public Meetings (1 meeting) – The two to three concept master plans will be
reviewed with the City of Coppell staff, and will be refined based on the
comments received. After staff review, the plan will be reviewed with the
citizens of Coppell in a workshop/public meeting, and comments received
during that meeting, if appropriate, will be incorporated into the plan.
b. Council Presentation (2 meetings) - The preferred Master Plan will be
presented to Council during their work session for final acceptance and
approval. Upon final approval Halff will prepare a refined concept based on
the comments received from the Council meeting and City Staff comments.
The preferred concept master plan will be in a CADD format, suitable for
incorporating as a starting point for construction drawing preparation. A final
presentation to council will given at the conclusion of the Construction Document
Phase for final plan approval.
5. Design Development:
a. HALFF shall, upon the authorization of the CITY, prepare, for approval by
the CITY, Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the scope of the
PROJECT with regard to site, structural, architectural, and electric systems,
materials and such other elements as may be appropriate. Design
Development Phase deliverables will include the following:
(1) Plan views in appropriate scale;
(2) Sections where appropriate;
(3) Elevations where appropriate;
(4) Typical details (site, structural and architectural);
(5) Outline specifications in CSI format;
(6) Preliminary electrical schematic and design loads.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 5
b. HALFF shall coordinate with appropriate governmental authorities for
compliance with applicable codes, ordinances, and laws.
c. HALFF shall advise the CITY of any adjustments to the preliminary opinions
of probable construction cost..
d. HALFF shall provide five (5) sets of bond copy drawings to the CITY for
review of the Design Development Stage. (Costs of these drawings are
included in the compensation for Basic Professional Services.)
6. Construction Documents:
a.HALFF shall, upon authorization by the CITY, prepare a complete set of
Construction Documents, for approval by the CITY, consisting of drawing
and specifications setting forth in detail the requirements for construction of
the PROJECT.
Construction Plans will include the following plans:
1. Demolition Plan
Halff Associates will prepare the demolition plan, which will provide
notes and details required for the demolition, removal and disposal of site
features, trash, debris, tree protection and preservation,. The demolition
plan and specifications will be coordinated with the City of Coppell for
proper disposal.
2. Site Grading Plan
The Grading Plan includes the notes and details required to allow grading
of the Coppell Town Commons Plaza facility. This plan will show
existing and proposed ground contour lines, and spot elevations needed to
grade the site for drainage. A drainage area map and drainage
computations will be prepared. Storm drainage collection and conveyance
facilities will be designed and detailed for construction as a possible water
feature. We anticipate no storm water detention will be required.
3. Pedestrian Walkway Dimension Control Plan and Site Amenities
Halff Associates will design and provide details for the walk,
amphitheater, commons area, plaza and associated site amenities (tables,
benches, drinking fountain, and trash receptacles). Fee includes plans and
specifications for the walkway, sub-grade preparation, jointing
requirements, and construction notes. Geometric dimension control will
be provided. Dimension control will include coordinate geometry and
typical dimensions of the walkway..
AGREEMENT FOR PROFESSIONAL SERVICES
Page 6
4. Architectural Design and Site Amenities
Halff Associates will provide architectural design and coordination with
landscape, structural, historic elements of the Clock Tower. Architectural
design work including plans and specifications will be furnished in all
phases of the project including schematic design, design development and
construction documents.
5. Structural Design Plan
Structural design efforts will include preparation of Construction
Documents (CD) for the anticipated ‘Clock Tower’, amphitheater,
pavilion, and monuments associated with the ‘Gateways’ structural
components. HALFF will provide design and draft plan, elevations, and
details with the specifications as notes included on the design sheets. Plan
and details will be coordinated with the all architectural features.
6. Electrical Engineering Design
HALFF will provide electrical engineering services for illumination and
associated power distribution design for the Coppell Town Center
Commons area. Special emphasis will be placed on the ‘Clock Tower’,
amphitheater, pavilion, and ‘Gateway Monuments’ and walkways.
Drawings will include light fixture type and location, circuiting and
connection to the local distribution system. Power distribution will be
coordinated with Oncor. Lighting design will be per IES Standards.
7. Landscape Planting Plan
HALFF will design the landscape planting plan. The landscape plan will
show all plantings, arrangement of plant materials, mow and minimal
mow areas, and landscape berms. The quantity, species, size and spacing
of all materials will be specified in a material schedule on the plan.
Details for the proper installation of plants will also be included.
8. Irrigation Plan
HALFF will design and provide details for the irrigation plan. Upon
approval of the landscape plan, we will prepare an irrigation plan that
responds to the proposed landscape, being sensitive to planned grass
establishment areas. The plan will be developed with an emphasis on
proper zoning of the system in order to maximize efficient water
management. The system will be designed to permit separate watering of
turfgrass. Details for the proper installation of sprinkler heads, valves,
pipe, service connection, controller and other items will be shown on the
plan.
9. Erosion Control Plan
AGREEMENT FOR PROFESSIONAL SERVICES
Page 7
Prepare one erosion control plan in conjunction with the grading plans.
This task is for the preparation of design drawings and associated details
only. A Storm Water Pollution Prevention Plan (SWP3), including but not
limited, to the Notice of Intent (NOI), project description, inspection
forms, Notice of Termination (NOT), etc. are not included in this item and
will be provided by the contractor. The Contractor and Owner will be
responsible for execution and implementation of NOI, NOT, and SWP3.
Product: Five draft sets of drawings for review and comment will be
submitted at 60%, 90% and 100% submission stages.
Construction Documents Stage deliverables will include contract documents
coordinated into a bidding package as follows: (Costs of providing these
reproducible sets of drawings are included in the compensation for Basic
Professional Services.)
(1) One (1) set of mylar reproducible Plan Sheets and digital media
illustrating plans, elevations, sections and details of construction;
(2) One (1) reproducible master set and a digital copy of PROJECT
Manual containing specifications and bidding documents such as bid
proposal, standard form of agreement between CITY and Contractor,
conditions of the contract and technical specifications.
b.HALFF shall provide five (5) sets of bond copy drawings with PROJECT
Manuals to the CITY for review before the final plans of the Construction
Document Phase are completed. (Cost of these drawings and manuals are
included in the compensation for Basic Professional Services.)
c. HALFF shall advise the CITY of any adjustments to previous preliminary
opinions of probable construction costs indicated by changes in PROJECT
requirements or design.
d. HALFF shall assist the CITY in responsibly filing documents required for
the approval of governmental authorities having jurisdiction over the
PROJECT.
e. Plans and specifications will be prepared in conformance with the Texas
Department of Licensing and Regulation (TDLR) and Elimination of
Architectural Barriers Program. HALFF will complete the required
application forms and transmit the construction documents to the TDLR for
review of compliance with the Elimination of Architectural Barriers Program.
(It is understood and agreed that review and/or inspection fees paid by
AGREEMENT FOR PROFESSIONAL SERVICES
Page 8
HALFF for the CITY shall be reimbursed to HALFF on behalf of the CITY
for such TDLR review and inspection as Reimbursable Expenses in
accordance with Section G(3))
f. Opinions of Probable Construction Cost. Since HALFF has no control over
the cost of labor, materials, equipment, or services furnished by others, or
over the bidder's/contractor's methods of determining prices, or over
competitive bidding or market conditions, HALFF opinion of probable
construction cost provided for herein are to be made on the basis of HALFF
best judgment as an experienced and qualified professional familiar with the
construction industry; but HALFF cannot and does not guarantee that
construction proposals, bids, or actual construction costs will not vary from
the opinions of probable cost prepared by HALFF. If prior to the Bidding
Stage the CITY wishes greater assurance as to opinions of probable
construction costs, the CITY shall employ an independent cost estimator.
7. Bidding:
a. HALFF shall, upon authorization of the CITY, proceed with services related
to this stage.
b. HALFF shall respond to questions from bidders during the bidding stage and
issue addenda as required.
c. HALFF shall assist the CITY in pre-bid conferences that may be conducted
for bidders' benefit.
d. HALFF shall assist the CITY in conducting the bid opening.
e. HALFF shall assist the CITY in investigating the bidders qualifications and
assist staff in making recommendations with regard thereto.
f. HALFF shall assist the CITY in preparation of the contract documents
intended for execution by the CITY and the Contractor.
g. HALFF shall print and distribute the contract documents to bidders. The
direct costs of these Additional Services and materials will be billed to the
CITY as Reimbursable Expenses.
8. Construction Observation/Construction Administration:
a. HALFF shall, upon authorization by the CITY, proceed with this stage.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 9
b. HALFF shall provide these construction observation/construction administration
services as determined and requested by the CITY. Additional site
meetings/visits beyond specified will be billed at an hourly rate as an added cost.
(1) Review of shop drawings, samples and other submittals that are
required of the contractor by the contract documents.
(2) Site observation visits up to six (6), as required to observe contractor
progress and general conformity to construction documents for a
period of up to eight (8) months from the date of notice to proceed
with construction
(3) Monthly construction meetings, for a period of up to eight (8)
months from the date of notice to proceed with construction, with the
contractor and CITY staff to review scheduling and progress of the
work. (Review of the monthly request for payment from the
contractor will be initiated at the same meeting.)
(4) Site observation visits two (2) at the conclusion of the PROJECT
for the purpose of compiling punch lists at substantial completion
and at final completion acceptance.
c. Consistent with the scheduled number of site visits, when needed or
requested by the CITY or as appropriate to the progress of the work,
HALFF may make visits to the jobsite for PROJECT observation. Such
jobsite visits typically consist of visual observation of materials,
equipment, or construction work for the purpose of keeping informed as
the progress of work being done and ascertaining for the CITY that the
work is in substantial conformance with the contract documents and with
the design intent. A jobsite review by HALFF and sub-consultants will
not be relied upon by the CITY or the Contractor as an acceptance of the
work, nor will it be construed to relieve the Contractor in any way from
his obligations and responsibilities under the construction contract.
Specifically, but without limitations, a jobsite review does not require
HALFF and sub-consultants to assume responsibilities for the means and
methods of construction, nor for safety on the jobsite.
(1) The CITY shall provide qualified inspectors to perform detailed
daily (or otherwise frequent) inspections of the Contractor's work
in progress.
d. During jobsite observations, HALFF shall endeavor to guard the CITY
against deficiencies and defects in the work of the Contractor. Should
HALFF observe nonconforming or defective work, or unsafe conditions
AGREEMENT FOR PROFESSIONAL SERVICES
Page 10
or practices, HALFF shall immediately inform the CITY's representative
and contractor that conforming or remedial action is required.
D. LIMITATIONS AND EXCLUSIONS
The following items are specifically excluded from services provided in this contract
which are as follows:
1. Excluded from the Basic Professional Services, unless otherwise provided for as
an Additional Professional Services in a future Agreement, are the coordination or
securing of:
a. Environmental Services & Assessments;
b. Permitting processes and permits;
c. Additional site visits, excepted as noted herein;
d. Hydrologic and hydraulic studies;
e. Zoning and platting services;
f. Meetings or presentations not specified herein, additional meetings will be billed
at an hourly rate agreed upon;
g. Revisions to plans requested by the City after the plans are approved;
h. Permit fees, filing fees, pro-rated fees, impact fees and taxes;
i. Preparation of easement or right-of-way documents (not requested by City)
j. Design of gas, telephone or other utility improvements except as noted herein.
k. Printing of drawings, specifications and contract documents except as noted
herein.
l. Full-time construction inspection and preparation of as-built drawings
m. Certification that the work is built in accordance with plans and specifications (by
City inspector)
n. Graphic products except as noted in herein
o. Design of utilities or other improvements outside of the project boundary
p. Attendance or preparation for meetings and public hearings except as noted
herein
q. Preparation of bid packages other than one original set
r. Quality control and material testing services during construction.
s. Traffic engineering report or studies;
t. Construction staking;
u. Design of off-site facilities;
v. Design of existing utility relocations or modifications;
w. Design of storm water detention facilities;
x. Negotiations/agreements with adjacent property owners;
y. Boundary, improvement or specific tree survey
AGREEMENT FOR PROFESSIONAL SERVICES
Page 11
z. Basic services DOES NOT include the provision by HALFF of a digital “as-
built” of the project drawings based on engineering surveys and contractor notes
of the site at completion of construction. These services can be provided on an
hourly basis or as a lump sum item.
aa. Internet hook-up and connection
bb. SWPPP documentation and filing
cc. Professionally prepared opinions of probable construction cost
2. Trash removal and hazardous waste removal that may be associated with the site
preparation and earthwork.
E. CITY OBLIGATIONS
1. The CITY shall provide information regarding requirements for the PROJECT,
including a program which will set forth the CITY's design objectives, constraints, and
criteria, including space requirements and relationships, flexibility, and expendability,
special equipment, systems, and site requirements. The CITY will provide a budget in an
amount not to exceed the authorized payments in this AGREEMENT for the
PROJECT, with timely revisions appropriate to the stages of Professional Services.
2. The CITY shall meet with HALFF as required for the timely completion of the
Professional Services. All meetings will take place within the CITY or at the offices of
HALFF.
3. The CITY shall designate a single representative to act in its behalf with respect to the
PROJECT, who will examine documents submitted by HALFF and will promptly
render decisions pertaining thereto to avoid unreasonable delay in the progress of the
Professional Services.
4. The CITY shall report promptly in writing to HALFF any fault or defect in the
Professional Services or non-conformance with the provisions of this Agreement.
5. The CITY shall provide HALFF with CITY construction standards to include design
details and specifications, and CITY to review procedures, as may be required for this
PROJECT.
6. The CITY shall provide prints or reproducible copies of other site conditions information
in its files to include: CITY plans, base maps, zoning maps, legal property descriptions,
plats, subdivisions and street plans, aerial photographs, topographic maps, utility
locations, and the like as are related and significant to the Professional Services.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 12
a. The size, type, location, elevation, and depth of existing sanitary sewer, storm
sewer and water lines that exist within the PROJECT areas will be provided by
the CITY.
7. During the Construction Administration and Construction Observation stage of the
PROJECT, the CITY shall provide qualified inspectors to perform detailed daily (or
otherwise frequent) inspections of the Contractor's Work in progress.
F. COMPENSATION
Compensation for the performance of Professional Services shall be paid to HALFF by
the CITY. All compensation provided for additional services in this Section shall be based on
the Schedule of Charges for 2004 which is attached hereto and made a part hereof as Exhibit "A"
to this AGREEMENT. Compensation shall be based on combinations of the following methods
which are defined below:
1. A Stipulated Sum which is predetermined.
2. The Hourly Invoice method, whereby services performed and time spent invoices are
written for the hourly charge rates of the personnel time, task billing, and procedures that
are necessary to accomplish the described services.
3. Reimbursable Expenses are additional and are not included in the compensation for Basic
Professional Services. Expense payments shall also include Direct Non-Labor Expenses
that, in general, include expenses for couriers, transportation, travel, and similar
incidentals. The Direct Non-Labor expenses shall be reimbursable at actual invoice cost
plus 10%. Reimbursable Expenses include items such as the direct costs of printing
additional review copies of the Contract Documents, or sets of bidding documents (plans
and project manuals) not included in the Basic Professional Services, and the review and
inspection fees charged by the Texas Department of Licensing and Regulation for the
Elimination of Architectural Barriers Program. Reimbursable Expenses include the
charges of service providers involved in Supplemental Services related to Existing
Conditions of the PROJECT Site.
Other reimbursable expenses may come due. However, reimbursable expenses shall not
include local transportation, long-distance communications, postage, computer-aided
design and drafting equipment, nor the costs of routine reproductions incidental to the
production of final or review copies of the Contract Documents.
4. Basic Professional Services of Stage One: Design Development; Stage Two: Construction
Documents; and Stage Three: Bidding.
Compensation for these services shall be the stipulated sum of $126,196.00 .
AGREEMENT FOR PROFESSIONAL SERVICES
Page 13
5. Project Cancellation.
In the event that the PROJECT is abandoned, HALFF shall receive final payment up to
the completion and full performance of the work completed.
G. ADDITIONAL SERVICES
HALFF agrees that these contract allowances include the maximum anticipated charges that
may be required to complete the described scope of Professional Services. Invoices will reflect
the actual direct charges for time and materials, and their totals may be less than the allowance.
1. Basic Professional Services of Stage Four Construction Observation/Construction
Administration.
For the Basic Professional Services of Stage Four - Construction Observation/
Construction Administration, the CITY will establish a contract allowance of $6,816.00 .
a. Compensation for these Professional Services will be invoiced by the hourly
invoice method. Services will be provided on an "on-call and as needed" when
needed or requested by the CITY. The allowance provided is for charges
anticipated over an eight-month construction period for the PROJECT.
b. Should Additional Services beyond the scope of Stage Four services be required,
such services and additional compensation will be provided by written and
authorized amendment to this AGREEMENT.
2. Supplemental Services of Providing Existing Conditions Information Related to the
PROJECT Site.
Compensation will include the direct expenses of the service providers (surveyor and, if
necessary, geotechnical engineer) plus appropriate stipulated sums or hourly invoice
charges of HALFF personnel.
a. Field Surveys and Base Mapping of Existing Site Conditions - a contract
allowance of $7,000.00
b. Geotechnical Investigation and Report Services - a contract allowance of
$3,500.00 .
3. Reimbursable Expenses and Other Professional Services.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 14
For the contingencies of Reimbursable Expenses and Other Professional Services,
compensation will include the direct expenses of the service provider plus appropriate stipulated
sums or hourly invoice charges for the services of HALFF personnel.
a. The CITY will establish a contract allowance of $4,500.00. for anticipated
Reimbursable Expenses and Other Professional Services to include multiple sets of
contract documents to be printed and distributed to bidders, and the TDLR review
and inspection fees to be paid by HALFF for the CITY.
H. OTHER ADDITIONAL SERVICES
1. The following services are not included in this AGREEMENT but are available to the
CITY upon written authorized approval:
a. Assistance by HALFF to the CITY in the resolution of construction-contract
disputes between the CITY and its contractor, or contract-related claims against the
CITY, are not a part of the scope of this proposal. However, such services may be
provided as Additional Services by separate AGREEMENT or amendment, as
provided for herein, to this AGREEMENT.
b. Services related to easements, permitting, platting, re-platting, zoning, or rezoning
required by the CITY or required by other governmental authorities for the
construction of the PROJECT, will be provided by the CITY, or provided by
HALFF by separate AGREEMENT or amendment, as provided for herein, to this
AGREEMENT.
I. TIME FOR COMPLETION
Professional Services provided by HALFF for benefit of the CITY shall be completed in
accordance with the following. For the purposes of this AGREEMENT, a month is defined as
thirty (30) calendar days and a week as seven (7) calendar days. If any of the following
submissions fall on a CITY non-working day, then the submission will be due the following
CITY working day. Notwithstanding the requirements of this section it is understood and
agreed on all parties to this AGREEMENT that unknown factors beyond the control HALFF or
the CITY, may affect the projects schedule. As such HALFF agrees to use its best efforts to
perform the professional services in a manger consistent with the CITY’s schedule.
1. Master Planning and Presentations, Field Surveys, Base Mapping and Geotechnical
Services: These Supplemental Services shall be completed within ten weeks of
authorization to begin. Some of these services may be accomplished concurrently with
Design Development. The time for completion is exclusive of delays that the CITY may
experience in scheduling presentations.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 15
2. Design Development: Design Development shall be completed within four to six weeks
of authorization to begin, following substantial completion of the above Supplemental
Services.
3. Construction Documents: Construction Documents shall be completed within twenty
weeks of authorization to begin, following completion of Design Development. The
twenty week time period includes time for city submittal and review.
4. Time Periods:
a. The time periods for completion of services are exclusive of time that may be
required for reviews, special meetings or delays caused by the CITY or State or
other agencies having jurisdiction or interest in the PROJECT.
b. If, through no fault of HALFF, the first three stages of Basic Professional
Services have not been completed within twelve months of the date of this
AGREEMENT, the terms of this AGREEMENT may be renegotiated.
J. ENTIRE AGREEMENT
This AGREEMENT constitutes the sole and only AGREEMENT of the parties and
supersedes any prior understanding or written or oral agreements between the parties with
respect to this subject matter.
K. ASSIGNMENT
Neither this AGREEMENT nor any duties, claims, rights or obligations under it related
hereto or resulting here from shall be assignable by EITHER PARTY without the prior written
consent of a NON-ASSIGNED PARTY. In the event of an assignment by HALFF to which the
CITY has consented, the assignee or the assignee's legal representative shall agree in writing
with the CITY to personally assume, perform, and be bound by all the covenants, obligations,
and agreements in this AGREEMENT.
L. AMENDMENT
This AGREEMENT may only be amended by the mutual written AGREEMENT of the
parties.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 16
M. GOVERNING LAW
The validity of this AGREEMENT and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue
for any action concerning this AGREEMENT shall be in Dallas County, Texas.
N. NOTICE
Any notice or other communication shall be in writing and shall be deemed given when
sent Registered or Certified Mail, Postage Prepaid, in the United Stated Mail, addressed as set
forth below, or to such other address as either of the parties shall advise the other in writing.
If intended for CITY:
Jim Witt, City Manager
City of Coppell
255 Parkway Blvd.
P. O. Box 9478
Coppell, Texas 75019
If intended for HALFF:
Lenny L. Hughes, RLA
Director of Landscape Architecture
Halff Associates
8616 Northwest Plaza Drive
Dallas, Texas 75225-4292
O. LEGAL CONSTRUCTION
1. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect any other provisions and the
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in this AGREEMENT.
2. It is understood and agreed that HALFF, in satisfying the conditions of this
AGREEMENT, is acting independently and that the CITY assumes no responsibility or
liabilities to any third party in connection with this AGREEMENT. HALFF agrees to
perform its services in a manner consistent with services provided by similar
professionals located in the same locale and the same time. HALFF agrees to indemnify
and hold harmless the CITY, its officers, agents, and employees from any and all
AGREEMENT FOR PROFESSIONAL SERVICES
Page 17
damages, loss or liability of any kind, whatsoever, by reason of death or injury to
property of third persons caused by the negligent omission or act of HALFF, its officers,
agents, employees, invitees, or other persons for whom it is legally liable, with regard to
the performance of this AGREEMENT, and HALFF will, at its cost and expense,
defend, pay on behalf of, and protect the CITY and its officers, agents, and employees
against any and all such claims and demands. All services to be performed by HALFF
under this AGREEMENT shall be in its capacity as an independent contractor and not as
an agent or employee of the CITY. HALFF shall supervise the performance of its
services and shall be entitled to control the manner and means by which its services are to
be performed, subject to compliance with this AGREEMENT and any specifications,
schedules or plans approved by the CITY.
3. It is understood that the general contractor and his subcontractors employed to carry out
and install the work set forth in the construction documents of plans and specifications
prepared by HALFF will be an independent contractor, responsible to the CITY for the
proper execution and performance of matters required by those construction documents.
4. HALFF does not guarantee, nor is responsible for, the performance of the contractor who
has been employed by the CITY to perform and carry out the work. HALFF is not
responsible for delays, damages, defects, or other imperfections caused by the contractor.
HALFF is not responsible for the contractor's superintendence, means, methods,
sequences, and techniques of construction. HALFF is not responsible for the contractor's
safety precautions and safety obligations in connection with the work.
P. CAPTIONS
The captions used in this AGREEMENT are for convenience only and shall not affect in
any way the meaning or interpretations of the provisions set forth herein.
Q. COUNTERPARTS
This AGREEMENT may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
R. TERMINATION
This AGREEMENT shall continue until termination by either party by giving thirty (30)
calendar days prior written notice to the other party.
S. EXECUTION
EXECUTED this _________ day of ____________________, 2004.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 2 55560-REV.
CITY OF COPPELL, TEXAS
By: ___________________________________
JIM WITT, City Manager
ATTEST:
By: _______________________________
LIBBY BALL, City Secretary
APPROVED AS TO FORM:
By: _______________________________
ROBERT HAGER, City Attorney
EXECUTED this _________ day of ____________________, 2004.
HALFF ASSOCIATES
By: ___________________________________
LENNY L. HUGHES, Director of Landscape Architecture
DEPT: Library
DATE: October 26, 2004
ITEM #: 13/I
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of The William T. Cozby Public Library Advisory Board Amended By-
Laws as approved by Library Advisory Board on October 14, 2004.
GOAL(S):
EXECUTIVE SUMMARY: Approval of amended Library Board By-Laws changing, Article III Section 4 to
increase regular board members to eight from seven.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: +Bylaws-1ARconsent
AMENDED BYLAWS
OF
WILLIAM T. COZBY PUBLIC LIBRARY BOARD
ARTICLE I
NAME
The name of the organization shall be the William T. Cozby Library Board, herein referred to
as "the Board".
ARTICLE II
INTENT
SECTION 1: The Board shall act in an advisory capacity to the City Council.
ARTICLE III
OFFICERS
SECTION 1: The Chairperson, Vice-Chairperson shall be elected during the October Board
meeting each year for a one (1) year term. In the event of a vacancy in the office of the
Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a
vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to
temporarily assume the duties of that office until the next regular meeting at which time an
election will be held to fill such vacancy.
SECTION 2: The Chairperson shall preside at all meetings of the Board. In the absence of the
Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the
Vice-Chairperson, the Board shall elect a Chair-Pro Tern.
SECTION 3: The Recording Secretary of the Board shall be a staff member named by the City
Manager or his designee. The Recording Secretary shall prepare and maintain minutes of all
Board meetings.
SECTION 4: The Board shall be composed of eight (8) regular members appointed by City
Council in October, each of which shall be appointed for two-year staggered terms, four (4)
members’ terms expiring in even-numbered years and four (4) members’ terms expiring in the
odd-numbered years. Two (2) alternate members shall be appointed for two-year staggered
terms, one (1) member’s term expiring in even-numbered years and one (1) member’s term
expiring in the odd-numbered years. Each member shall be a qualified voter in the city and shall
have been a resident of the City for at least twelve (12) months preceding the date of
appointment. Members shall be appointed by the City Council in accordance with the rules and
regulations governing Board appointments.
SECTION 5: The Board shall also include two (2) non-voting, youth advisors which shall be
appointed for one year. Youth advisors shall have been a resident of the City for at least twelve
(12) months preceding the date of appointment and shall be in the seventh (7th) through twelfth
(12th) grade.
ARTICLE IV
MEETINGS
SECTION 1: Regular monthly meetings of the Board will be held on the second (2nd) Thursday
of each month at 7:00 p.m. in the Library Board Room of the William T. Cozby Public Library,
177 Heartz, Coppell, Texas, unless designated. The Board shall hold such special meetings as
shall be called by the Chairperson or upon written request of at least two (2) members of the
Board or at the request of the City Council.
SECTION 2: The order of business for each meeting shall be as contained in an agenda
prepared by the Library Director or designated representative and the Board Chairperson. Any
board member or citizen of Coppell may submit items to the Chairperson or Library Director to
be considered for the agenda.
SECTION 3: All meetings require a quorum of regular members, exclusive of advisory
members to be present.
SECTION 4: Five (5) regular members of the Board shall constitute a quorum for the purpose of
transaction of business, and no action of the Board shall be valid or binding unless adopted by an
affirmative vote of four (4) or more members of the Board unless otherwise authorized by the
laws of the State of Texas.
SECTION 5: All meetings of the Board shall be open to the public unless otherwise permitted
by law and shall be subject to the Open Meetings Act.
SECTION 6: The Board shall submit to the City Council a copy of the minutes of each regular
and special meeting with a list of any members absent from such meetings.
SECTION 7: If a regular Board member is absent for three (3) consecutive regularly scheduled
meetings, or 25% of the regularly scheduled meetings within a 12 month period, said member
shall be removed from the Board, and the City Council will fill the unexpired term.
SECTION 8: If a youth advisor has three (3) unexcused absences from regularly scheduled
meetings, or 25% of the regularly scheduled meetings within a 12 month period, said youth
advisor may be removed from the Board, and the City Council may fill the unexpired term.
SECTION 9: Should any member of the Board choose to abstain from voting on any question
before the Board, where no declared conflict of interest exists, the abstention shall be recorded as
an affirmative vote in favor of the motion pending before the Board in the official minutes of the
Board.
ARTICLE V
POWERS AND DUTIES
SECTION 1: The Board shall have the following powers and perform the following duties:
A. Abide by applicable ordinances of the City of Coppell and follow the rules and
regulations prescribed by the City Council for the conduct of its business.
B. Adopt bylaws governing board actions, proceedings, and deliberations, subject to
approval by the City Council.
C. Act in an advisory capacity to the City Council, City Manager and Library Director in
matters pertaining to library services.
D. Promote library services to the community and cooperate with other governmental
agencies and civic groups in the advancement of library services.
E. Review and/or recommend policies to govern the operation program of the library.
F. Assist in interpreting the policies and functions of the Library Department to the public.
G. Review the effectiveness of library services with the Library Director.
H. Assist in long-range planning and give input for improvement and expansion of library
services and facilities and review and make recommendations to the City Council
regarding the library’s master and five-year plans.
I. Unless deferred, provide semi-annual Library Board reports to the City Council regarding
its goals and objectives and its input for future library services.
ARTICLE VI
AMENDMENT
SECTION 1: These bylaws may be amended only by majority vote of the members of the
Board, and approval of the City Council.
DEPT: Library
DATE: October 26, 2004
ITEM #: 13/J
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Interlocal Cooperation Agreement with Denton County to receive
compensation in the amount of $5,830 for library services for fiscal year 04/05; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: +Interlocal-1ARconsent
Memorandum
To: Mayor and City Council
From: Kathleen P. Metz Edwards, Library Director
Date: October 26, 2004
Subject: Denton County Library Advisory Board Interlocal Agreement
The is the third year the City of Coppell was invited to join the fifteen other
Denton County Libraries in the Denton County Library Advisory Board. The City
accepted and completed the "Minimum Criteria and Request for Funding"
application. Applications were sent to the Denton County Commissioners Court
for review. The Court approved a base grant of $5,000 plus $1.10 per Denton
County capita. The Court used the Council of Government figures plus a division
of population not served by a library to determine the per capita amount. The
Library will receive a total of $5830. The Court requires the City to sign the
attached Interlocal Cooperation Agreement For Library Services. After receiving
the signed agreement, it will be returned to the Commissioners Court for action.
The Court requires a copy of the library's Texas State Library and Archives
Commission's Annual report, which is submitted to the State each year in support
of the Texas Library Systems Act, which governs the library's Northeast Texas
Library System membership. The City's maintenance of effort contribution to the
library is its approved FY 04/05 budget. No additional funding is required.
As a condition of accepting the funding, the City agrees to provide library service
to any resident of Denton County. We have already agreed to provide service to
any resident of Texas as a condition for receiving the maximum under the State's
Loan Star Libraries Grant. Coppell citizens gain reciprocal access to all Denton
County libraries.
By accepting the funding, the library commits to attend 10 meeting per year and to
complete the annual application. For this we will receive $5830 to be used at the
discretion of the library.
LIBRARY AGREEMENT 04-05 1
STATE OF TEXAS, )
)
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into by and between
Denton County, a political subdivision of Texas, hereinafter
referred to as "COUNTY," and the City of Coppell, a municipality
of Denton County, Texas, hereinafter referred to as
"MUNICIPALITY."
WHEREAS, COUNTY is a duly organized political subdivision of
the State of Texas engaged in the administration of county
government and related services for the benefit of the citizens
of Denton County; and
WHEREAS, the City of Coppell is a duly organized
MUNICIPALITY of Denton County, Texas engaged in the provision of
library service and related services for the benefit of the
citizens of MUNICIPALITY; and
WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to
provide library services for all residents of COUNTY; and
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be
subject to the provisions of V.T.C.A., Government Code Chapter
791, the Interlocal Cooperation Act; and V.T.C.A., Local
Government Code Chapter 323, County Libraries.
NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual
consideration hereinafter stated, agree and understand as
follows:
LIBRARY AGREEMENT 04-05 2
I.
The term of this Agreement shall be for the period from
October 1, 2004 through September 30, 2005.
II.
For the purposes and consideration herein stated and
contemplated, MUNICIPALITY shall provide library services for the
residents of COUNTY without regard to race, religion, color, age,
disability and/or national origin. Upon proper proof by
individual(s) of residence in COUNTY, such individual(s) shall be
entitled to be issued, at no cost, a library card to be used in
connection with said library services.
MUNICIPALITY shall develop and maintain through the Library
one or more of the following programs of service:
Educational and reading incentive programs and
materials for youth.
Functional literacy materials and/or tutoring programs
for adults.
Job training/career development programs and/or
materials for all ages.
Outreach services to eliminate barriers to library
services.
Educational programs designed to enhance quality of
life for adults.
III.
COUNTY designates the County Judge to act on behalf of
COUNTY and serve as liaison officer for COUNTY with and between
COUNTY and MUNICIPALITY. The County Judge or his designated
substitute shall insure the performance of all duties and
obligations of COUNTY herein stated and shall devote sufficient
time and attention to the execution of said duties on behalf of
LIBRARY AGREEMENT 04-05 3
COUNTY in full compliance with the terms and conditions of this
Agreement. The County Judge shall provide immediate and direct
supervision of COUNTY's employees, agents, contractors, sub-
contractors, and/or laborers, if any, in the furtherance of the
purposes, terms and conditions of this Agreement for the mutual
benefit of COUNTY and MUNICIPALITY.
IV.
MUNICIPALITY shall designate Kathleen P. Metz Edwards to act
on behalf of MUNICIPALITY and to serve as liaison officer of
MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure
the performance of all duties and obligations of MUNICIPALITY as
herein stated and shall devote sufficient time and attention to
the execution of said duties on behalf of MUNICIPALITY in full
compliance with the terms and conditions of this Agreement. Ms.
Edwards shall provide management of MUNICIPALITY's employees,
agents, contractors, sub-contractors, and/or laborers, if any, in
the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of MUNICIPALITY and COUNTY.
MUNICIPALITY shall provide to COUNTY a copy of the annual
report submitted to the Texas State Library and shall respond to
COUNTY's annual questionnaire as documentation of expenditures
and provision of services.
V.
MUNICIPALITY shall be solely responsible for all techniques,
sequences, procedures, and for the coordination of all work
performed under the terms and conditions of this Agreement; shall
insure, dedicate and devote the full time and attention of those
LIBRARY AGREEMENT 04-05 4
employees necessary for the proper execution and completion of
the duties and obligations of the MUNICIPALITY stated in this
Agreement; and shall give all attention necessary for such proper
supervision and direction.
VI.
MUNICIPALITY agrees that its library department shall assume
the functions of a COUNTY library and agrees to provide a
librarian who holds or secures a County Librarian's certificate
from the Texas State Library and Archives Commission pursuant to
Local Government Code, Section 323.011(b).
VII.
COUNTY shall have full responsibility for the acts, and
negligence of all COUNTY's employees, agents, sub-contractors,
and/or contract laborers, performing work under this Agreement.
VIII.
MUNICIPALITY shall have responsibility for the acts and,
negligence, of all the MUNICIPALITY's employees, agents, sub-
contracts, and/or contract laborers performing work under this
Agreement.
IX.
This Agreement is not intended to extend the liability of
the parties beyond that provided by law. Neither MUNICIPALITY
nor COUNTY waives any immunity or defense that would otherwise be
available to it against claims by third parties.
LIBRARY AGREEMENT 04-05 5
X.
MUNICIPALITY understands and agrees that the MUNICIPALITY,
its employees, servants, agents and representatives shall at no
time represent themselves to be employees, servants, agents
and/or representatives of COUNTY.
XI.
COUNTY understands and agrees that COUNTY, its employees,
servants, agents and representatives shall at no time represent
themselves to be employees, servants, agents, and/or
representatives of MUNICIPALITY.
XII.
Any notice required by this Agreement shall be delivered in
writing by either County or Municipality to the following
addresses.
The address of County is:
Mary Horn, County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-349-2820
The address of Municipality is:
William T. Cozby Public Library
177 N. Heartz
Coppell, Texas 75019
Attention: Kathleen P. Metz Edwards
Telephone: 972-304-3655
XIII.
For the full performance of the services above stated,
COUNTY agrees to pay MUNICIPALITY fees as described herein.
COUNTY shall pay MUNICIPALITY fees in the amount of $1.10 per
capita, for a total of $830.00, based upon North Central Texas
Council of Governments population figures provided to COUNTY by
LIBRARY AGREEMENT 04-05 6
the Library Advisory Board, payable in equal quarterly
installments to MUNICIPALITY commencing October 1, 2004. In
addition, COUNTY agrees to pay MUNICIPALITY an amount not to
exceed $5,000.00 in matching funds contingent upon the following
conditions:
1) MUNICIPALITY shall attempt to secure funding from sources
other than COUNTY.
2) Upon receipt of additional funding, MUNICIPALITY shall
provide proof of the receipt of such funds to the Denton
County Auditor on a quarterly basis.
3) COUNTY shall match the additional funding secured by
MUNICIPALITY in an amount not to exceed $5,000.00.
4) Payment by COUNTY to MUNICIPALITY shall be made in
accordance with the normal and customary processes and
business procedures of COUNTY, and payment shall be
satisfied from current revenues of the COUNTY.
XIV.
This Agreement may be terminated at any time, by either
party giving sixty (60) days advance written notice to the other
party. In the event of such termination by either party,
MUNICIPALITY shall be compensated pro rata for all services
performed to termination date then due and as authorized by this
Agreement. In the event of such termination, should MUNICIPALITY
be overcompensated on a pro rata basis for all services performed
to termination date or be overcompensated, as authorized by this
Agreement, COUNTY shall be reimbursed pro rata for all such
overcompensation. Acceptance of such reimbursement shall not
LIBRARY AGREEMENT 04-05 7
constitute a waiver of any claim that may otherwise arise out of
this Agreement.
XV.
This Agreement represents the entire and integrated
Agreement between MUNICIPALITY and COUNTY and supersedes all
prior negotiations, representations and/or Agreements, either
written or oral. This Agreement may be amended only by written
instrument signed by both MUNICIPALITY and COUNTY.
XVI.
The validity of this Agreement and any of its terms or
provisions, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas.
Further, this Agreement shall be performable and all compensation
payable in Denton County, Texas.
XVII.
In the event that any portion of this Agreement shall be
found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XVIII.
The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary
authority to execute this Agreement on behalf of the parties
hereto and each party hereby certifies to the other that any
necessary orders or resolutions extending said authority have
been duly passed and are now in full force and effect.
LIBRARY AGREEMENT 04-05 8
Executed in duplicate originals in Denton County, Texas by
the authorized representatives.
COUNTY MUNICIPALITY
By ________________________ By
Mary Horn Name: Doug Stover
County Judge Title: Mayor
Acting on behalf of and by the
authority of the Commissioners City Council Meeting
Court of Denton County, Texas Dated
ATTEST: ATTEST:
By By
Denton County Clerk City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
Assistant District Attorney City Attorney
APPROVED AS TO CONTENT:
Director, Library Services
DEPT: Planning
DATE: October 26, 2004
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING (Continued):
Consider approval of Case No. PD-163R3-SF-9, Windsor Estates, zoning change request from PD-163R2-SF-9
(Planned Development 163-Revision 2-Single Family-9) to PD-163R3-SF-9 (Planned Development 163-Revision
3-Single Family-9) to allow the retention of an existing 4.25’ tall wrought iron fence on an 18” tall retaining wall
15 feet from the property line along DeForest Road on Lot 1, Block B (612 St. James).
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: September 16, 2004
Decision of P&Z Commission: Denied (4-3) with Commissioners Halsey, Borchgardt, Foreman and
Reese voting in favor of denial. Commissioners McCaffrey, Milosevich and Kittrell opposed.
Please see attached letter dated September 30, 2004, from Jill Watkins, requesting an appeal to Council regarding
the Commission’s recommendation of denial. A ¾ vote of Council is required to overturn the Commission's
recommendation.
On October 12, 2004, Council opened and continued this Public Hearing to its October 26th meeting.
Staff recommends denial; however, if approved by Council, it should be subject to the following condition:
1) The notation “fence and building setback line” being added to the west side of this lot,
along St. James Place.
Agenda Request Form - Revised 02/04 Document Name: @PD-163R3 WE 1-AR
Item #7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-163R3-SF-9, Windsor Estates
P & Z HEARING DATE: September 16, 2004
C.C. HEARING DATE: October 12, 2004
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 612 St. James Place in Windsor Estates
SIZE OF AREA: 0.3070 of an acre of property (13,373 square feet)
CURRENT ZONING: PD-163R2-SF-9 (Planned Development-163 Revision 2-Single
Family-9)
REQUEST: PD-163R3-SF-9 (Planned Development-163 Revision 3-Single
Family-9) to allow the retention of an existing 4.25’ tall wrought iron
fence on an 18” tall retaining wall 15’ from the property line along
DeForest Road on Lot 1, Block B (612 St. James).
APPLICANT: Mr. and Mrs. Marvin Watkins
612 St. James Place
Coppell, Texas 75019
(972) 462-7824
FAX: (972) 242-6754
HISTORY: In 1997, PD-163, Windsor Estates, was established to allow the
development of 27 single-family homes and common areas on 15.78
acres of property. The Preliminary Plat for this subdivision was
approved for 24 residential lots and two common areas in May 1998.
The Final Plat, for 23 residential lots and three common areas, was
approved in May 1999. In June 1999, the PD was amended to revise
the entry features and create additional common areas to
accommodate landscaping.
Item #7
Page 2 of 3
On January 13, 2004, Council approved a revision to this PD and a
replat to allow: combining of Lots 4&5, Block B into one lot;
revising the size of the common areas (Lots 1X and 19X, Block
A); revising the size of Lots 1, 2, 14, 16 and 17, Block A;
renaming Lot 15 to Lot 15X; revising the 100-year Flood Plain
line, and denied the current request, which was to reduce the
fence/building line on Lot 1, Block B (612 St. James) from 25 to
15 feet along DeForest Road.
TRANSPORTATION:DeForest Road has been extended through this subdivision as a concrete, 27’
wide, residential street built within a 50’ right-of-way.
SURROUNDING LAND USE & ZONING:
North - Single Family (Windsor Estates); PD-163R2-SF-9
South - Single Family (Windsor Estates); PD-163R2-SF-9
East - Single Family (Windsor Estates); PD-163R2-SF-9
West - Single Family (Windsor Estates); PD-163R2-SF-9
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable low density residential.
DISCUSSION: As discussed in the HISTORY section of this report, a similar request to
move the building/fence line on this lot was denied by Council in January of
this year. The applicant has since constructed this fence. In order to legally
establish the fence setback line to reflect the existing fence location, an
amendment needs to be made to the Planned Development, reflecting the
retention of the existing 64’ long 4.25’ wrought iron fence on top of an 18”
tall retaining wall (effective height of 5.75 feet).
The difference between this and the previous request is that there is now
an added level of specificity in that the building line will remain where it
is, and only the fence line will move, the applicant has included detailed
elevations of the retaining wall and the wrought iron fence, the
construction of the home is complete, as is the wall, fence and the
landscaping.
As discussed in the previous request, when this PD was established, the fence
and the building setback lines on corner lots were specifically designated to
be set back 25 feet to preserve the open space and the view/visibility along
the streets. Staff’s main concern with the initial request was the impact on the
views along DeForest, as well as the abutting property owner to the north. In
reviewing the existing conditions, this wrought iron fence on top of the
Item #7
Page 3 of 3
retaining wall does not significantly impact the view corridor, and the lush
landscaping installed enhances the aesthetics of this lot. Also to be
considered, is now that the home has been constructed, the 25-foot front yard
has been established along St. James Place, and this area will not be
encroached upon with structures or fencing. Finally, if this request is denied,
the applicant could potentially construct an eight-foot solid wood or masonry
fence, 25 feet from the property line which would be more visually
obstructive to this view corridor than the wrought iron fence 15 feet from the
property line.
Although, as constructed, staff can see the merits of this request, and if no
opposition arises, it ultimately should be approved. However, given staff’s
and Planning Commission’s previous recommendations and the fact that this
fence was constructed in defiance of the Council’s action, staff cannot
recommend approval.
In the event that this request is approved, this action needs to be subject to the
inclusion of the notation “fence and building setback line” being added to
the west side of this lot, along St. James Place. This fence setback condition
was a separate note on the previous plat and included as a PD condition.
Therefore, to assure clarity, this needs to be graphically represented.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff cannot support this amendment PD-163R3-SF-9 to allow the retention
of a 4.25’ tall wrought iron fence on an 18” tall retaining wall 15’ from the
property line along DeForest Road on Lot 1, Block B (612 St. James),
however, if recommended for approval it should be subject to:
1) The notation “fence and building setback line” being added
to the west side of this lot, along St. James Place.
ALTERNATIVES
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Revised Detail Plan
DEPT: Fire
DATE: October 26, 2004
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval to purchase one (1) Pierce 95’ Mid-mount Platform, job #15011 through
Houston-Galveston Area Coop (HGAC) Bid Number FS10-03 in the amount of $810,000.00, and authorizing the
City Manager approval to execute all appropriate documents.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds are in designated Fund Balance for this purchase.
Agenda Request Form - Revised 09/04 Document Name: (FD Truck - 1 Agenda Request
MEMORANDUM
October 26, 2004
TO: Mayor and City Council
FROM: Bobby Halton, Fire Chief
SUBJECT: Consider approval to purchase one (1) Pierce 95’ Mid-mount Platform, job
#15011 through Houston-Galveston Area Coop (HGAC) Bid Number
FS10-03 in the amount of $810,000.00, and authorizing the City Manager
approval to execute all appropriate documents.
The Coppell Fire Department Apparatus Selection Steering Committee has made its
recommendation to the senior fire staff, and the senior staff is forwarding that
recommendation to council for purchase. The committee members were: Battalion Chief
Jim Kitchens; Captain Mike Cody, “A” shift; Captain Joe Chavez, “B” shift; and Captain
Eric Greaser, “C” shift. All of the members spent considerable hours researching and
reviewing the advantages and disadvantages of various manufacturers and equipment.
Additionally advising and consulting the steering committee were: Mark Brochtrup,
Fleet Services Manager; Fire Chief Bobby Halton; retired FDNY Battalion Chief and
former editor of Fire Engineering magazine, Tom Brennan; Mike Pietsch, P.E.
Consulting Services, Inc.; and numerous members of the Coppell Fire Department.
The committee considered many variables, and prioritized the most critical to reduce
confusion and streamline the process. The original concept was predicated on “cost is not
a consideration”; however, the committee proudly reports that a significant cost savings
was the result of the final decision. Monies saved here will be used as directed for
building renovations and salaries.
The committee has selected the Pierce Manufacturing mid-mount 95-foot elevating
platform, stock piece of equipment #15011. The advantage of this selection is many and
several of the most significant are listed below.
The Pierce Company’s cab, or riding compartment construction, has several unique
features which provide for firefighter safety. In the event of an automobile accident,
which incidentally, is the leading cause of firefighter deaths after heart attacks, the unit
includes a 360 roll protection that provides air bags, pretensioned seatbelts, and
independent suspension, which allow increased sized brake rotors to insure better
stopping distances and reduced maintenance costs.
The current stock apparatus was available via HGAC at 2004 prices, thereby, avoiding a
significant price increase anticipated to be approximately 15% to 18% for a similar or
comparable apparatus in 2005. Delivery of the stock equipment #15011 is guaranteed
with fewer than 6,000 miles and the warranty begins with delivery. This means the
apparatus has been operated to demonstrate its capabilities by the company and has been
found to be in perfect working order.
The apparatus comes completely certified, with ladder certification by a third party to
insure total reliability and NFPA compliance. The unit recommended is a complement to
our current fleet in its design and component features. The city of Coppell Fire
Department currently operates a frontline fleet of three Pierce Dash engine companies.
The stock unit #15011 is a Dash unit with the same power plant and transmission. The
advantage here is the same as evidenced by Southwest Airlines, standardization to
improve safety and reliability. Standardization reduces maintenance issues, parts
stocking, training, down time, and increases efficiency and effectiveness.
The availability of the unit will enable our crews to be thoroughly trained and familiar
with the unit by the time the building renovations and personnel hiring are completed.
This will allow the department to make the unit operational as soon as the renovations are
completed. Specialized operational drills and company training can be facilitated at a
measured pace. The tools and compartmentalization of the unit can be analyzed under
simulated conditions for maximum efficiency.
HGAC PRODUCT PRICING BASED ON CONTRACT FS
The following details MUST be provided with any purchase order from an End User to H-GAC
End User Agency:Coppell Fire Department Date:October 15, 2004
Dealer:Martin Apparatus, Inc.
Product Description:Pierce Midmount Platform
A: Base Price in Bid Number:FS10-03 Suffixes:JDCBCCBB #REF!
B: Published Options: (Itemized below, or summarized attached sheets)
Published #REF!
Subtotal Column 1: #REF! Subtotal Column 2: -$
Total Published Options added to Base Price (Subtotal of "Col 1" & " Col 2") $#REF!
C: Subtotal of A + B:#REF!
D: Unpublished Options: (Itemized below, or summarized attached sheets)#REF!
NOTE: Unpublished Options cannot conflict with another contractor's base bid contact
Unpublished #REF!
Subtotal Column 1: #REF! Subtotal Column 2: -$
Total Unpublished Options added to Base Price (Subtotal of "Col 1" & " Col 2") $#REF!
E: Contract Price Adjustments and Quantity Discounts: (If any, Explain here)
F: Total of C + D +/- E: (Not including H-GAC Fee)#REF!
G: Quantity Ordered: (Units: 1.00 x F) #REF!
H: HGAC Administrative Fee: (From Fee Schedules, Tables) 2,000.00$
I: Non-Equipment Charges & Credits: (ie, Ext. Warranty, Trade-in, factory trips, etc)
Each Qty Total
-$
-$
Subtotal of Non-Equipment Charges -$
J: TOTAL PURCHASE PRICE INCLUDING (G + H + I)#REF!
DEPT: Human Resources
DATE: October 26, 2004
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval for the procurement of two (2) Chevrolet Tahoes through BuyBoard from
Gunn Chevrolet in San Antonio for the amount not to exceed $25,550.00 each, as budgeted; and authorizing the
City Manager to sign all required documents relative to the purchase.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for the vehicles are budgeted in the Fire Department (replacement 01-09-04-
5010) and the Police Special Revenue Fund (K9 unit 04-10-00-5010)
Agenda Request Form - Revised 09/04 Document Name: Chevrolet Tahoes
MEMORANDUM
FROM THE
DEPARTMENT OF PUBLIC WORKS
To: Jerod Anderson, Purchasing Agent
From: Mark W. Brochtrup, Fleet Services Manager
Date: October 12, 2004
Re: Tahoe Purchases
Jerod, after reviewing the quotes recently received, Fleet Services recommends that the
City pursue the procurement of two (2) Chevrolet Tahoes through Gunn Chevrolet in San
Antonio. The submitted quotes by Gunn Chevrolet meet all minimum specifications for our use
and are within the budgeted amounts for each affected department (Police and Fire). I request
that we place this request on the Council’s next agenda in amounts not to exceed $25,550.00 per
unit. If you have any questions or concerns, please feel free to contact me. Thank you.
CITY OF COPPELL PUBLIC WORKS DEPARTMENT, FLEET SERVICES DIVISION
DATE: October 26, 2004
ITEM #: 17
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: October 26, 2004
ITEM #: 18
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Stover regarding Town Hall Cable Program.
B. Repor t by Mayor Stover regarding DFW Airpor t Noise
C. Repor t by Mayor Stover regarding Halloween Safety.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: October 26, 2004
ITEM #: 19
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: October 26, 2004
Department Submissions:
Item No. 7 was placed on the Agenda for the above-referenced City Council
meeting by the Police Department. I have reviewed the Agenda Request
(and any backup if applicable) and hereby submit this item to the City
Council for consideration.
____________________
Police Department
Item Nos. 13/I and 13/J were placed on the Agenda for the above-
referenced City Council meeting by the Library Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Library Department
Item No. 13/H was placed on the Agenda for the above-referenced City
Council meeting by the Parks and Recreation Department. I have
reviewed the Agenda Request (and any backup if applicable) and hereby
submit this item to the City Council for consideration.
____________________
Parks and Recreation Department
Item No. 14 was placed on the Agenda for the above-referenced City
Council meeting by the Planning Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Planning Department
Item No. 15 was placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Fire Department
Item No. 16 was placed on the Agenda for the above-referenced City
Council meeting by the Human Resources Department. I have reviewed
the Agenda Request (and any backup if applicable) and hereby submit this
item to the City Council for consideration.
____________________
Human Resources Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager