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CP 2006-02-28 NOTICE OF CITY COUNCIL MEETING AND AGENDA FEBRUARY 28, 2006 DOUG STOVER, TIM BRANCHEAU, Place 1 Mayor Mayor Pro Tem JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) 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, February 28, 2006, 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 reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag022806 Page 1 of 5 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. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review Council Calendars. B. Old Town Status Report. C. Discussion regarding Obstruction of Public Rights-of-Way. D. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Presentation of the Fiber Optic Service Community Award from Verizon to the City of Coppell. 8. Report by Economic Development Committee. 9. Citizens' Appearances. ag022806 Page 2 of 5 ITEM # ITEM DESCRIPTION CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 14, 2006. B. Consider approval of a Resolution to amend the Interlocal Agreement with Northwest Dallas County Flood Control District for sediment removal from box culverts beneath Riverchase Drive, as approved by City Council on October 11, 2005, by revising the original cost of $45,529.30 to an amount of $87,929.82 as provided for in the Drainage Utility District Fund; and authorizing the Mayor to sign. C. Consider approval of a resolution authorizing the City of Coppell to enter into a Local Transportation Project Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation, and authorizing the Mayor to sign. D. Consider approval of award of Bid No: Q-0106-01, Right of Way Mowing Contract, to VMC Landscape Services in the amount of $93,000.00, as budgeted, and authorizing the City Manager to sign. E. Consider approval of an ordinance amending Chapter 3, Article 3- 5, by changing the title of said article from “Sanitation Department” to “Solid Waste and Recycling Program”; by amending section 3-5-1 to provide for the creation of the Solid Waste and Recycling Program; by amending section 3-5-5 by deleting the reference to residential and replacing with commercial; by amending section 3- 5-12, subsection B, to delete the reference to the Community Program Coordinator and replace with the Environmental Health Division; by amending section 3-5-13, subsection F, by amending the cubic yards of finished compost to be provided each year; and by adding section 3-5-14 to provide for definitions; and authorizing the Mayor to sign. END OF CONSENT 11. Consider approval of awarding Bid/Contract # Q-0106-03 to Advanced Paving Co. for the reconstruction of Freeport Parkway, in an amount of $419,616.00, as provided for in CIP funds; and authorizing the City Manager to sign. ag022806 Page 3 of 5 ITEM # ITEM DESCRIPTION 12. Consider approval of an Interlocal Participation Agreement between the City of Coppell and the Public Employee Benefits Alliance (PEBA) to provide for joint request for proposals on employee benefit programs and authorizing the Mayor to sign. 13. Consider approval of a Resolution calling the Regular Municipal Election for Mayor and Councilmembers Place 2, 4, and 6 and a Special Municipal Bond Election for acquisition of land for Parks, Streets and Municipal Improvements for Saturday, May 13, 2006; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. 14. City Manager's Report. A. Solid Waste and Recycling Services. B. 121 Update. 15. Mayor and Council Reports. A. Report by Mayor Stover regarding Chamber of Commerce Gala. 16. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Faught and Suhy. C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Suhy and York. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H. Metrocrest Medical Services – Councilmember Hinojosa-Flores. I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau. J. North Texas Council of Governments - Councilmember Tunnell. K. NTCOG/Regional Emergency Management - Councilmember Suhy L. North Texas Commission - Councilmember Peters. M. Senior Adult Services - Councilmember Faught. 17. Necessary action resulting from Work Session. 18. Necessary Action Resulting from Executive Session. ag022806 Page 4 of 5 Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2006, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag022806 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2006 Economic Development • Aggressively pursue development partnership on Lesley tract • Analyze large tract development opportunities • Continue “hot spot” focus • Develop strategy for use/sale of city-owned property • Study revenue enhancements • Continue focus on vacant retail revitalization Quality Public Facilities & Infrastructure • Examine funding opportunities for IMF • Study continued use of ½-cent sales tax for parks • Continue focus on local and regional transportation efforts • Provide quality park and recreation facilities for all Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Initiate review and revisions of Code of Ordinances • Develop methods to enhance communication efforts • Promote citizen involvement • Examine our effectiveness at participating in state/federal legislative process Sense of Community • Develop and support community special events • Develop and support activities for teens • Embark on a “Coppell 2025” vision effort • Continue to evaluate cemetery issue • Evaluate services and programs for our senior adult community • Continue to partner with taxing entities serving our community, particularly our ISD’s Fiscal Stability • Continue and refine financial planning and forecasting • Continue systematic management and reduction of debt and expenditures • Balance expenditures with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Protect the sales tax base from Streamlined Sales Tax initiative • Remain aware of external factors and developments that potentially impact the financial condition of the city Neighborhood Integrity & Code Enforcement • Maintain communication with neighborhoods and the community • Update the Master Plan and Zoning as required • Continue proactive neighborhood integrity programs • Access HOA common area maintenance expectations and obligations Safe Community • Maintain and improve existing excellent level of service • Continue focus on Homeland Security • Provide quality public education programs • Continue traffic/speed control efforts DATE: February 28, 2006 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: February 28, 2006 ITEM #:WS-3 AGENDA REQUEST FORM WORK SESSION A. Review Council Calendars. B. Old Town Status Report. C. Discussion regarding Obstruction of Public Rights-of-Way. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DEPT: Information Systems DATE: February 28, 2006 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Presentation of the Fiber Optic Service Community Award from Verizon to the City of Coppell. GOAL(S): EXECUTIVE SUMMARY: Verizon would like to recognize the Mayor, City Council and City Manager for their extraordinary leadership and support during the construction of the Verizon fiber network within the City of Coppell. Verizon would like to present the FiOS Globe to the City of Coppell, for being an advanced technology leader where fiber to the home lights the way to the future. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: {Fiber_Optic_Award DEPT: City Secretary DATE: February 28, 2006 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Report by the Economic Development Committee. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardreport DATE: February 28, 2006 ITEM #: 9 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: February 28, 2006 ITEM #: 10/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: February 14, 2006 GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes MINUTES OF FEBRUARY 14, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 14, 2006, 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 Tim Brancheau, Mayor Pro Tem Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember (early departure) 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. 1. Call to order. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Peter David Winegarner vs. City of Coppell, et al. 2. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3. 3. Western Rim Investors (Mansions by The Lake) vs. The City of Coppell and Michael J. Hodge. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding property west of Park and south of Bethel. C. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. cm021406 Page 1 of 12 1. Economic Development Prospect in Old Coppell. Mayor Stover convened into Executive Session at 5:42 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:35 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session D. Discussion regarding direction on the Strategic Plan. E. Discussion regarding Town Center site plans. F. Discussion regarding installation of hooded left at Wendy’s/ Goodyear intersection with Denton Tap Road. G. Discussion regarding overhead utilities on Bethel Road. H. Discussion regarding first Council Meeting in May and early voting. I. Discussion of Agenda Items. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Peter David Winegarner vs. City of Coppell, et al. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding property west of Park and south of Bethel. C. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. Economic Development Prospect in Old Coppell. Mayor Stover convened into Executive Session at 6:52 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:58 p.m. and reconvened the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. cm021406 Page 2 of 12 5. Invocation. Councilmember York led those present in the Invocation. 6. Pledge of Allegiance. Scouts from Troop 8888 led those present in the Pledge of Allegiance. Two students from Northlake college were also recognized. 7. Citizens' Appearances. There were no citizen appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 24, 2006. B. Consider approval of a Resolution of the City Council of the City of Coppell, Texas, Dallas, County, Texas, designating the City Secretary to serve as the Public Information Coordinator and authorizing the Mayor to sign. C. Consider approval of a Resolution authorizing the City Manager to execute a lease or rental agreement for the rental of one or more ADA Ivotronic V. 8.0.1.0 or other approved Accessible Voting System from the County of Dallas or other qualified providers to be provided in each polling place in every location used to conduct any General or Special Election ordered on or after January 1, 2006, and authorizing the Mayor to sign. D. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District in the amount of $29,693.36 and authorizing the City Manager to sign. cm021406 Page 3 of 12 E. Consider approval of an Interlocal Agreement between the City of Coppell and the County of Denton for the sale and exchange of Surplus Emergency Equipment, and authorizing the City Manager to sign. F. Consider approval of an interlocal agreement with Dallas County for road widening on Sandy Lake Road at Whispering Hills Drive in a cost share amount of $26,472.17; and authorizing the Mayor to sign. G. Consider approval of an interlocal agreement between the City of Coppell and the City of Grapevine to provide for joint bidding of the construction of Bethel Road and Bass Pro Drive, between S. H. 121 and Freeport Parkway, and authorizing the Mayor to sign. H. Consider approval to utilize the City of Richardson's contract with Uretek USA, Inc., as authorized by the Texas Local Government Code, Section 271.102, Subchapter F, to perform our yearly street repair/mud jacking program, in an amount of $50,000 as provided for in the Infrastructure Maintenance Fund. I. Consider approval of an Ordinance for Case No. ZC-619, St. Ann Catholic Parish, changing the zoning from C (Commercial) to SF-9 (Single Family-9) on approximately 5.3 acres of property located at 700 E. Sandy Lake Road, to expand church uses into an existing building, and amending the Land Use Plan of the 1996 Comprehensive Plan, changing the land use from Neighborhood Retail to Public Institutional, and authorizing the Mayor to sign. Action: Councilmember Hinojosa-Flores moved to approve Consent Agenda Items A, B carrying Resolution No. 2006-0214.1, C carrying Resolution No. 2006-0214.2, D, E, F, G, H and I carrying Ordinance No. 91500-A-430. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. cm021406 Page 4 of 12 9. PUBLIC HEARING: Consider approval of Case No. S-1232-C, Value Place Hotel, zoning change request from LI and C (Light Industrial and Commercial) to S-1232-C (Special Use Permit-1232- Commercial), to allow the construction of a four-story, limited service/extended stay hotel, with 121 studio rooms, on 2.076 acres of property located at the northeast corner of S.H. 121 and Northpoint Drive. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Rick Martin, applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:48 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 7:53 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Suhy moved to close the Public Hearing and approve Case No. S-1232-C, Value Place Hotel, zoning change request from LI and C (Light Industrial and Commercial) to S-1232-C (Special Use Permit- 1232-Commercial), to allow the construction of a four-story, limited service/extended stay hotel, with 121 studio rooms, on 2.076 acres of property located at the northeast corner of S.H. 121 and Northpoint Drive. Councilmember Faught seconded the motion; the motion failed 1- cm021406 Page 5 of 12 6, with Councilmember Suhy voting in favor and Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York voting against the motion. 10. PUBLIC HEARING: Consider approval of Case No. PD-212-LI, Freeport North, northern portion of Lot 1, Block 1, (CitiFinancial), zoning change request from LI (Light Industrial) to PD-212-LI (Planned Development-212-Light Industrial), to amend the approved Site Plan to allow an expansion to the off-street parking areas; to allow deficits in parking and landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive (southwest corner of Northpoint Drive and Royal Lane). Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council and indicated the Applicant had requested to postpone this item until March 9, 2006. Public Hearing: Mayor Stover opened the Public Hearing. Action: Councilmember Peters moved to postpone Case No. PD-212-LI, Freeport North, northern portion of Lot 1, Block 1, (CitiFinancial), zoning change request from LI (Light Industrial) to PD-212-LI (Planned Development- 212-Light Industrial), to amend the approved Site Plan to allow an expansion to the off-street parking areas; to allow deficits in parking and landscaping, and to allow additional site modifications on 12.28 acres of property located at 1111 Northpoint Drive (southwest corner of Northpoint Drive and Royal Lane), to the March 9, 2006 Council meeting. Mayor Pro Tem Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa- Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. Consider approval of the Northlake 635 Business Park, Lot 2R, Block C (Coppell Business Center III), Site Plan, to allow the construction of a 14,545-square-foot office building on 1.51 cm021406 Page 6 of 12 acres of property located along the west side of Lakeshore Drive, approximately 677 feet south of Wrangler Drive. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Councilmember York moved to approve the Northlake 635 Business Park, Lot 2R, Block C (Coppell Business Center III), Site Plan, to allow the construction of a 14,545-square-foot office building on 1.51 acres of property located along the west side of Lakeshore Drive, approximately 677 feet south of Wrangler Drive subject to the following condition: 1. To include more monument sign details on the elevation to make sure it complies with the zoning ordinance. Councilmember Suhy seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Lot 2R, Block C (Coppell Business Center III), Replat, to allow the construction of a 14,545-square-foot office building on 1.51 acres of property located along the west side of Lakeshore Drive, approximately 677 feet south of Wrangler Drive. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. cm021406 Page 7 of 12 Action: Councilmember York moved to close the Public Hearing and approve the Northlake 635 Business Park, Lot 2R, Block C (Coppell Business Center III), Replat, to allow the construction of a 14,545-square-foot office building on 1.51 acres of property located along the west side of Lakeshore Drive, approximately 677 feet south of Wrangler Drive subject to the following condition: 1. Compliance with all Engineering comments as follows: (A) Grading and Drainage Plan: (1) The surface drainage from drainage area 1 should not sheet flow to the street. Pick up this flow and convey it to the storm drain system on site. (B) Landscape Planting Plan, LP1.1 (1) Trees should not interfere with the sanitary sewer. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. 13. Consider approval of the Coppell Town Center Addition, Lot 1, Block 1, (Justice Center) Site Plan Amendment, to allow a 4,028-square-foot expansion to the existing Justice Center and a revised parking layout located at 130 Town Center Boulevard. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Gary Beeman, City Architect, answered Council questions. Action: Councilmember York moved to approve the Coppell Town Center Addition, Lot 1, Block 1, (Justice Center) Site Plan Amendment, to allow a 4,028-square-foot expansion to the existing Justice Center and a revised parking layout located at 130 Town Center Boulevard subject to the following conditions: cm021406 Page 8 of 12 1. Continue to coordinate all plans with the Parks and Recreation Department as they are responsible for the Plaza Project which surrounds the site plan. 2. Construction plans should be submitted for review and construction permit should be applied for through the Engineering Department. Councilmember Suhy seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. 14. Consider approval of the Coppell Town Center Addition, Lot 1, Block 1, (Fire Station No. 3) Site Plan Amendment, to allow a 3,546-square-foot expansion to the existing Fire Station located at 133 Parkway Boulevard. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the Council. Action: Councilmember Peters moved to approve the Coppell Town Center Addition, Lot 1, Block 1, (Fire Station No. 3) Site Plan Amendment, to allow a 3,546-square-foot expansion to the existing Fire Station located at 133 Parkway Boulevard subject to the following conditions: 1. Continue to coordinate all the plans with the Parks and Recreation Department as they are responsible for the Plaza Project which surrounds the site plan. 2. Construction plans should be submitted for review and construction permit should be applied for through the Engineering Department. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa- Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. 15. Discussion and consideration of compensating TXU Electric Delivery Company for up to six underground crossings along Bethel Road, from Coppell Rd. to the west city limits, in an cm021406 Page 9 of 12 estimated cost of $250,000; and authorizing the Director of Engineering to execute the right-of-way use permit application. Presentation: Ken Griffin, Director of Engineering/Public Works, made a presentation to the Council. Action: Mayor Pro Tem Brancheau moved to approve burying the overhead line at the intersection of Bethel Road and Freeport Parkway, both the East/West line and the North/South line and also the crossing near Loch Lane and authorize the Director of Engineering to execute the right-of- way use permit application with TXU. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. Items C and E from the Work Session were discussed at this time due to time running out during the actual Work Session. 16. Necessary action resulting from Work Session. There was no action necessary under this item. 17. City Manager's Report. A. 121 Construction Update. B. East Sandy Lake Road Update. City Manager, Jim Witt, updated Council on the 121 Construction project and East Sandy Lake Road. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding the Father/Daughter and Mother/Son Valentine’s Dance. A. Mayor Stover reported on the Father/Daughter and Mother/Son Valentine’s Dance and the great lengths that cm021406 Page 10 of 12 Parks and Recreation staff extended themselves to entertain and impress the attendees to make it a memorable event. Councilmember Tunnell departed at the end of the Mayor’s report. EXECUTIVE SESSION (Closed to the Public) Reconvene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3. Mayor Stover convened into Executive Session at 9:02 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 10:12 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) Convene Regular Session. 19. Necessary Action Resulting from Executive Session. Action: Mayor Pro Tem Brancheau moved to approve motion of settlement agreement with Western Rim Investors in Cause No. 04CV-13399-R, as outlined in the letter of December 19, 2005, provided by the City Attorney of record, except, 1. Item 3 of said letter will be removed and the State of Texas shall be the enforcement authority along State Highway 121, and, 2. The terms of the agreement will not be transferred or assigned to any third party or successors in interest. cm021406 Page 11 of 12 Councilmember York seconded the motion; the motion carried 4-2 with Mayor Pro Tem Brancheau and Councilmembers Hinojosa-Flores, Faught, and York voting in favor of the motion with Councilmembers Peters and Suhy opposed. Action: Councilmember Peters moved to approve calling for a Special Executive Session on the Northlake Issue for Thursday, February 23, 2006, at 5:30 p.m. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters, Hinojosa-Flores, Faught, Suhy and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm021406 Page 12 of 12 DEPT: Engineering DATE: February 28, 2006 ITEM #: 10/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution to amend the Interlocal Agreement with Northwest Dallas County Flood Control District for sediment removal from box culverts beneath Riverchase Drive, as approved by City Council on October 11, 2005, by revising the original cost of $45,529.30 to an amount of $87,929.82 as provided for in the Drainage Utility District Fund; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of a resolution to amend the original Interlocal Agreement will allow the contractor to continue with the sediment removal project beneath Riverchase Drive. Staff recommends approval of the resolution and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are available in the Drainage Utility Fund for this contract change. Agenda Request Form - Revised 09/04 Document Name: #DCFCD Interlocal MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE: February 28, 2006 REF: Consider approval of an amendment to the Interlocal Agreement with Northwest Dallas County Flood Control District for sediment removal from box culverts beneath Riverchase Drive, as approved by City Council on October 11, 2005, by revising the cost associated with the original agreement of $45,529.30 to an amount of $87,929.82 as provided for in the Drainage Utility District Fund; and authorizing the Mayor to sign. On October 11, 2005 City Council approved an interlocal agreement between the City and Northwest Dallas County Flood Control District (NWDCFCD) for sediment removal from box culverts beneath Riverchase Drive in an amount of $45,529.30. That agreement was the second phase of the sediment removal project performed by the NWDCFCD on behalf of the City. The first phase for sediment removal from box culverts beneath MacArthur Blvd. was approved by City Council on March 8, 2005. The contractor bid the second phase of silt removal from the box culverts beneath Riverchase Dr., anticipating that he would encounter similar conditions as the first phase. However, when the contractor attempted to remove the silt from the culverts beneath Riverchase Dr., he encountered hard packed clay with just a thin layer of silt, whether than full depth silt like the first phase. Because of the hard packed clay, the contractor was not able to use his machinery. Therefore, the divers are being required to accomplish the work using traditional hand tools, which takes additional time and labor. The contractor was already working on the silt removal from box culverts #9 and #10, which are located near the curve in Riverchase Dr. by the golf course clubhouse, when he encountered the different conditions. Because the contractor was already mobilized and working, the NWDCFCD authorized the change in pricing so the contractor could complete the work on culverts #9 and #10. Once that was complete, the NWDCFCD contacted my office to inform me about the changed conditions and that the contractor had requested additional compensation prior to proceeding with the silt removal from the remaining two culverts #2 and #14. Prior to the contractor submitting a request for additional compensation, he evaluated culverts #2 and #14 and at that time noticed not only that the conditions were similar to the prior two culverts, with hard packed clay, but also that the quantity of the silt to be removed was approximately 65% more than anticipated. Therefore, not only is the cost to remove the silt higher because of the hand method, but also the total quantity of silt to be removed is greater. The NWDCFCD has requested that the City of Coppell consider an amendment to the original interlocal agreement to adjust the cost to remove the silt from the city's box culverts. The attached information shows that the original unit price was $41.77/per cubic yard and the adjusted price is $61.02/per cubic yard. Also, the attached information shows that the anticipated silt removal from culverts #2 and #14 was 520 cubic yards and the adjusted amount from #2 and#14 is 871 cubic yards. When the adjusted price and quantity is calculated, the NWDCFCD is requesting that the city adjust the cost from the original amount of $45,529.30 as approved by Council on October 11, 2005 to a revised amount of $87,929.82. The existing culverts because they are nearly completely silted in, have very little conveyance capacity. Therefore, a large storm event could flood portions of River Ridge, Riverchase Estates and the apartments at Jefferson at Riverchase. The monies for this additional cost would come from the Drainage Utility District fund. The removal of silt from culverts and the free flow of water is one of the activities noted in the best management practices of our Stormwater Management Plan. Staff recommends approval of the amendment to the October 11, 2005 interlocal agreement between the City of Coppell and the Northwest Dallas County Flood Control District to a revised amount of $87,929.82 and will be available to answer any questions at the Council meeting. RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT FOR SEDIMENT REMOVAL FROM BOX CULVERTS BENEATH RIVERCHASE DRIVE TO REVISE THE ORIGINAL COST OF $45,529.30 TO AN AMOUNT OF $87,929.82; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council approves the amendment to the Interlocal Agreement between the City of Coppell and Northwest Dallas County Flood Control District for sediment removal from box culverts beneath Riverchase Drive to revise the original cost of $45,529.30 to an amount of $87,929.82, as set forth in the amendment, which is attached hereto as if set forth in full. SECTION 2. That this resolution shall take effect immediately from and after its adoption and it is so resolved. DULY PASSED and approved by the City Council of the City of Coppell, Texas on this the ______ day of _________________, 2006. CITY OF COPPELL DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY INTERLOCAL AGREEMENT AMENDMENT PAGE 1 AMENDMENT TO INTERLOCAL AGREEMENT FOR SEDIMENT REMOVAL FROM BOX CULVERTS BENEATH RIVERCHASE DRIVE THIS AMENDMENT IS MADE BY AND BETWEEN the City of Coppell, a municipal corporation, hereinafter called "the City" and Northwest Dallas County Flood Control District, hereinafter referred to as "the District". WITNESSETH WHEREAS, the City and the District entered into an Interlocal Agreement, hereinafter referred to as "the Agreement', on October 11, 2005 to effectuate their agreement for sediment removal from box culverts beneath Riverchase Drive; and WHEREAS, it has become necessary to amend that Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the City and the District do agree as follows: AGREEMENT Article 1. Description of Amended Items Exhibit A Resolution of the City of Coppell (City) is attached hereto and made a part of this Agreement. Section I. The City and the District agree that the City's cost will increase from $45,529.30 to $87,929.82. All other provisions of the original Agreement are unchanged and remain in full force and effect. INTERLOCAL AGREEMENT AMENDMENT PAGE 2 The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. This Amendment shall be filed in the deed records of Dallas County, Texas. EXECUTED this _____ day of ______________________, 2006, by the Northwest Dallas County Flood Control District, and by the City of Coppell adopted on the day of ___________________________, 2006. NORTHWEST DALLAS COUNTY CITY OF COPPELL, TEXAS FLOOD CONTROL DISTRICT By:_______________________________ By:_____________________________ Wayne Reynolds Douglas N. Stover President Mayor ATTEST: ATTEST: ____________________________________ _______________________________ Libby Ball City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________________ _______________________________ Robert E. Hager Attorney City Attorney DEPT: Engineering DATE: February 28, 2006 ITEM #: 10/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution authorizing the City of Coppell to enter into a Local Transportation Project Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this agenda item will allow the city and the Texas Department of Transportation to proceed with the implementation of the Local Transportation Project Advance Funding Agreement necessary to obtain partial federal funding for the Sandy Lake Road project (from Coppell Road N. to Coppell Road S). Staff recommends approval and will be available for any questions at the Council meeting FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #Sandy Lake Funding MEMORANDUM TO:Mayor and City Council FROM:Ken Griffin, P.E., Director of Engineering/Public Works DATE:February 28, 2006 REF:Consider approval of a resolution authorizing the City of Coppell to enter into a Local Transportation Project Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation, and authorizing the Mayor to sign. In 2005, three projects were approved for partial federal funding through the Transportation Equity Act for the 21st Century. Freeport Parkway (SH 121 to Sandy Lake Road) and Freeport Parkway (Sandy Lake Road to Ruby Road) were approved for funding through the Surface Transportation Program - Metropolitan Mobility, and Sandy Lake Road (Coppell Road N. to Denton Tap Road) was approved for funding through the Category 10 - Miscellaneous Program. The Texas Department of Transportation (TxDOT) is responsible for the implementation of the federal projects and requested the city to adopt the Master Agreement that established the general terms and conditions for projects developed through federally funded programs. The Master Agreement was approved by the City Council on December 8, 2005 and became effective when signed by TxDOT on January 6, 2006. The city is eligible to receive $800,000 through the Category 10 - Miscellaneous Program funding. This is a fixed amount based on a project budget of $1,000,000 with 80% federal participation. The estimated project cost of Sandy Lake Road (Coppell Road N. to Denton Tap Road) is closer to $5,500,000. The city has concerns about the entire project having to be administered according to federal guidelines when the federal participation would be less than 15%. There are many increased costs to a project when using federal funds, including the design, environmental study, and TxDOT plan review. The city requested TxDOT to revise the limits of the project to a section with an estimated project cost of $1,000,000 and suggested the section from Coppell Road N. to Coppell Road S. TxDOT agreed and revised the limits. The remaining section of Sandy Lake Road will now be designed and constructed in two phases: 1) Coppell Road N. to Coppell Road S. with partial federal funding, and 2) Coppell Road S. to Denton Tap Road without federal funding. TxDOT has prepared a Local Transportation Project Advance Funding Agreement (LPAFA) for each of the three projects. The LPAFA provides for the development of the specific project by identifying each party's responsibilities and establishing the estimated project budget and the federal and city participation amounts. No action is being taken on the two Freeport Parkway projects at this time. We are still holding out hope that those projects will be "de-federalized". However, the city is ready to implement the LPAFA for Sandy Lake Road (Coppell Road N. to Coppell Road S.). Under the terms of the Agreement, the city is 100% responsible for land rights and utility relocation costs. There will be 80% federal / 20% city participation for the environmental study, preparation of plans and specifications, and construction. After approval of this agreement, the first step will be to amend our contract with the consultant to 'redesign' Sandy Lake Rd. (from Coppell Rd. North to Coppell Rd. South) as a federal project. With the agenda item, a copy of the Local Transportation Project Advance Funding Agreement is provided. Staff recommends approval of the resolution authorizing the City to enter into a Local Transportation Project Advance Funding Agreement with the State of Texas acting by and through the Texas Department of Transportation and will be available to answer any questions at the Council meeting. RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY OF COPPELL TO ENTER INTO A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE PARTIAL FEDERAL FUNDING OF SANDY LAKE ROAD (COPPELL ROAD N. TO COPPELL ROAD S.); AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council authorizes the Mayor to enter into a Local Transportation Project Advance Funding Agreement with the State of Texas acting by and through the Texas Department of Transportation, for the partial federal funding of Sandy Lake Road (Coppell Road N. to Coppell Road S.). SECTION 2. That this resolution shall take effect immediately from and after its adoption and it is so resolved. DULY PASSED and approved by the City Council of the City of Coppell, Texas on this the ______ day of _________________, 2006. CITY OF COPPELL DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT HAGER, CITY ATTORNEY CSJ: 0918-45-773 District #18 Code Chart 64# 09700 Sandy Lake Road: From N Coppell Road to S Coppell Road Dallas County AFA – LPAFA OffSys Page 1 of 7 Revised 11/9/05 Funding Cat: 10/Misc. STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Category 10-Miscellaneous Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the “State”, and the City of Coppell, acting by and through its duly authorized officials, hereinafter called the “Local Government.” WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated ________________, which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for this LPAFA is described as the development and construction for the widening of Sandy Lake Road from N Coppell Road to S Coppell Road to a four lane divided roadway in the City of Coppell. CSJ: 0918-45-773 District #18 Code Chart 64# 09700 Sandy Lake Road: From N Coppell Road to S Coppell Road Dallas County AFA – LPAFA OffSys Page 2 of 7 Revised 11/9/05 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out by the State as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The design shall conform to AASHTO design policies and current State standard specifications will be used. The State shall review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the Local Government. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the “Texas Department of Transportation “ in the amount specified in Attachment C as the local contribution for State review of Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and any others costs owing. f. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in CSJ: 0918-45-773 District #18 Code Chart 64# 09700 Sandy Lake Road: From N Coppell Road to S Coppell Road Dallas County AFA – LPAFA OffSys Page 3 of 7 Revised 11/9/05 writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State’s written notification. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. CSJ: 0918-45-773 District #18 Code Chart 64# 09700 Sandy Lake Road: From N Coppell Road to S Coppell Road Dallas County AFA – LPAFA OffSys Page 4 of 7 Revised 11/9/05 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT THE CITY OF COPPELL By: ____________________________ Douglas N. Stover, Mayor City of Coppell Date: ____________________ THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: ____________________________ Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: ____________________ CSJ: 0918-45-773 District #18 Code Chart 64# 09700 Sandy Lake Road: From N Coppell Road to S Coppell Road Dallas County AFA – LPAFA OffSys Page 5 of 7 Revised 11/9/05 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA 1 INCH = FT. 0 600 600 300 Federal Project Limits Sandy Lake Road Project ST99-02 Ph 1 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST99-02 FEDERAL Created on: 20 February 2006 by Scott Latta AREA OF PROPOSED FEDERAL PROJECT Attachment B Project Location Map CSJ: 0918-45-773District #18Code Chart 64# 09700Sandy Lake Road: From N Coppell Road to S Coppell RoadDallas CountyAFA – LPAFA OffSys Page 7 of 7 Revised 11/9/05ATTACHMENT CPROJECT BUDGET ESTIMATE AND SOURCE OF FUNDSAttachment C CSJ: 0918-45-773Project BudgetDescriptionTotal EstimatedCostFederalParticipationStateParticipationLocal Participation 100%Fixed0.0%20.0%ActualParticipationLand (no cash contribution)$0.00 $0.00 $0.00 $0.00 $0.00 Utilities (no cash contribution)$0.00 $0.00 $0.00 $0.00 $0.00 Environmental Cost (no cashcontribution)$35,000.00 $28,000.00 $0.00 $7,000.00 $7,000.00 Preliminary Engineering - State Review$10,000.00$8,000.00$0.00$2,000.00$2,000.00Plans, Specs & Estimate (PS&E)$100,000.00$80,000.00$0.00$20,000.00$20,000.00Construction$838,235.29$670,588.23$0.00$167,647.06$167,647.06Engineering & Contingency (Stateoversight – 2%)$16,764.71$13,411.77$0.00$3,352.94$3,352.94Total$1,000,000.00$800,000.00Fixed$0.00$200,000.00$200,000.001st payment due prior toPS&E review by state$9,000.002nd payment due 60 daysprior to project letting$3,352.94Total Participation required from the local government = $200,000.00 DEPT: Parks & Recreation DATE: February 28,2006 ITEM #: 10/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of award of Bid No: Q-0106-01, Right of Way Mowing Contract, to VMC Landscape Services in the amount of $93,000.00, as budgeted, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: This item has been bid as an annual contract for the maintenance of the city’s Rights-of-Way and unimproved areas. Included in the bid are mowing, edging and trimming, as well as litter pick up, of the rights-of-ways and rougher areas that have historically been maintained by the Parks and Recreation Department. The bid covers the seasonal maintenance of 28 separate areas, totaling approximately 83 acres. The contractor will only perform the cycle when determined to be necessary by the Parks and Recreation Department, and payment will be made only for the work actually completed. The lowest, qualified bidder meeting all specifications is VMC Landscape Services. The Parks and Recreation Department recommends VMC for award of this annual contract. FINANCIAL COMMENTS: Funds are budgeted in the Right-of-Way Grounds Maintenance account for this contract. (01-12-30-3040) DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Right of Way Mowing Contract PARKS AND RECREATION DEPARTMENT INTEROFFICE MEMO DATE: February 28, 2006 TO: Mayor and City Council FROM: Brad Reid, Director of Parks & Recreation RE: Recommendation for award of Bid Number Q-0106-01 for an annual contract for Rights-of-Way Mowing to VMC Landscape Services. ________________________________________________________________________ The 2005-06 budget contains $93,000.00 for the contracted maintenance of the Rights-of- Ways and various unimproved areas of the city. The Parks and Recreation Department recommends that an annual contract be awarded for this maintenance based on the results of the bid as discussed below. On January 24, 2006, the City of Coppell received (8) bids for the Right of Way Mowing & Litter Removal Contract. This item was bid as an annual contract, allowing for annual renewal up to four years, with pricing adjustments based on the effective change in the Consumer Price Index. The Contractor’s quotes consisted of per-cycle pricing for Maintenance (mow, edge, weed-eat & blow) and Litter Removal. Each cycle consists of twenty-eight (28) locations or properties to be maintained on a fourteen (14) day cycle. Primarily, the properties included in this bid are the city maintained drainage channels such as Moore Road Channel, Phillips Road Channel, and the Enclaves Canal, and the various ROW areas including Beltline Road, Royal Lane, Coppell Road, Deforest Road, Sandy Lake Road, etc. The total of the twenty-eight maintained locations covers approximately eighty-three (83) acres. The bids received are as follows and reflect per-cycle maintenance: Maintenance Litter 1) Priority Landscape Management $2,325.13 $578.35 2) All Around Lawn Care $3,015.00 $539.17 3) VMC Landscape Services $3,272.00 $728.00 4) Landscape Inc. $4,123.76 $1,456.06 5) Toledo Landscape & Development $4,567.75 $6,230.75 6) ValleyCrest Landscape $5,228.55 $872.12 7) TruGreen LandCare $6,371.75 $2,230.50 8) Forest Hill Lawn Service $7,395.00 $1,367.00 Priority Landscape Management’s bid has been rejected for lack of Municipal References and lack of experience with this type of maintenance. Working around traffic and ROW mowing is a specialized service that requires demonstrated successful experience, which Priority is not able to provide. All Around Lawn Care does not meet the minimum requirements of the bid and therefore has been rejected. The specifications are very detailed regarding the required equipment necessary to perform this type of work. All Around Lawn Care does not have access to the required equipment. VMC Landscape Services submitted the lowest qualified bid. They have strong references and are very experienced with ROW Mowing, including contracts with the City of Plano, City of Grapevine and City of Lewisville. VMC Landscape Services is recommended for award of this annual contract. Location / Description AcreagePrice Per CycleMaintenancePrice Per CycleLitter OnlyPrice Per CycleMaintenancePrice Per CycleLitter OnlyPrice Per CycleMaintenancePrice Per CycleLitter OnlyPrice Per CycleMaintenancePrice Per CycleLitter OnlyPrice Per CycleMaintenancePrice Per CycleLitter OnlyPrice Per CycleMaintenancePrice Per CycleLitter OnlyPrice Per CycleMaintenancePrice Per CycleLitter OnlyPrice Per CycleMaintenancePrice Per CycleLitter OnlyTotals: 83.05$4,123.76 $1,456.06 $5,228.55 $872.12$2,325.13 $578.35$3,272.00 $728.00 $6,371.75 $2,230.50 $7,395.00 $1,367.00 $3,015.00 $539.17 $4,567.75 $6,230.75Moore Road Drainage Ditch 0.75$40.19 $8.09 $47.25 $7.88 $21.00 $2.25 $42.00 $9.00 $56.25 $25.00 $95.00 $25.00 $30.00 $4.87 $41.25 $56.25Alex (Enclaves) Canal 0.22$11.76 $2.45 $13.86 $2.31 $6.16 $1.54 $62.00 $9.00 $35.00 $25.00 $45.00 $10.00 $30.00 $1.43 $12.10 $16.50Linear Channel 0.21$11.03 $2.45 $13.23 $2.21 $5.88 $1.47 $27.00 $9.00 $35.00 $25.00 $45.00 $10.00 $30.00 $1.36 $11.55 $15.75Phillips Road Drainage Ditch 1.5$79.88 $26.54 $94.50 $15.75 $42.00 $10.50 $125.00 $15.00 $112.50 $37.50 $185.00 $35.00 $50.00 $9.74 $82.50 $112.50Woodridge Drainage Ditch 2$106.58 $35.53 $126.00 $21.00 $56.00 $14.00 $146.00 $20.00 $150.00 $50.00 $250.00 $45.00 $70.00 $12.98 $110.00 $150.00Bethel School/Swan Drainage Ditc0.09$50.23 $1.72 $2.07 $1.00 $2.25 $0.63 $33.00 $9.00 $35.00 $25.00 $25.00 $10.00 $30.00 $0.58 $4.95 $6.75Villawood Drainage Ditch 3.3$176.16 $58.31 $207.90 $34.65 $92.40 $23.10 $125.00 $30.00 $247.50 $82.50 $425.00 $50.00 $120.00 $21.42 $181.50 $247.50Woodhurst Drainage Ditch 3.9$208.25 $69.34 $245.70 $40.95 $109.20 $27.30 $146.00 $30.00 $292.50 $97.50 $495.00 $60.00 $135.00 $25.31 $214.50 $292.50Beltline Road East-West Medians 10.5$560.56 $186.69 $661.50 $110.25 $294.00 $73.50 $266.00 $105.00 $787.50 $262.50 $785.00 $125.00 $280.00 $68.31 $577.50 $787.50Beltline Road East-West ROW 10.6$466.98 $186.69 $667.80 $111.30 $296.80 $74.20 $186.00 $45.00 $795.00 $265.00 $795.00 $125.00 $390.00 $68.79 $583.00 $795.00Royal Lane Medians 5.3$282.74 $93.84 $333.90 $55.65 $148.40 $37.10 $186.00 $60.00 $397.50 $132.50 $435.00 $95.00 $190.00 $34.40 $291.50 $397.50Royal Lane ROW 4.1$182.29 $72.77 $258.30 $43.05 $114.80 $28.70 $106.00 $30.00 $307.50 $102.50 $340.00 $80.00 $130.00 $26.61 $225.50 $307.50Northpoint Medians 0.22$11.76 $2.45 $13.86 $2.31 $6.16 $1.54 $21.00 $9.00 $35.00 $25.00 $35.00 $10.00 $30.00 $1.43 $12.10 $16.50Coppell Road ROW 3.7$164.40 $65.66 $233.10 $38.85 $103.60 $25.90 $146.00 $30.00 $277.50 $92.50 $295.00 $40.00 $125.00 $24.01 $203.50 $277.50Deforest Road ROW 1$44.35 $10.78 $63.00 $10.50 $28.00 $7.00 $146.00 $15.00 $75.00 $25.00 $95.00 $20.00 $35.00 $6.49 $55.00 $75.00Natches Trace/Forest Hill Trail 5$222.46 $88.94 $315.00 $52.50 $140.00 $35.00 $167.00 $45.00 $375.00 $125.00 $375.00 $50.00 $175.00 $32.45 $275.00 $375.00Peninsula 1.5$79.88 $26.46 $94.50 $15.75 $42.00 $10.50 $62.00 $15.00 $112.50 $37.50 $115.00 $30.00 $55.00 $9.74 $82.50 $112.50Magnoloia 8$355.99 $142.10 $504.00 $84.00 $224.00 $56.00 $399.00 $75.00 $600.00 $200.00 $675.00 $125.00 $285.00 $51.92 $440.00 $600.00Moore Road Bridge 1.25$66.89 $22.05 $78.75 $13.13 $35.00 $8.75 $62.00 $9.00 $93.75 $31.25 $95.00 $25.00 $50.00 $8.11 $68.75 $93.75Denton Tap/Beltline Road ROW 6$319.98 $106.58 $378.00 $63.00 $168.00 $42.00 $208.00 $30.00 $450.00 $150.00 $480.00 $95.00 $200.00 $38.94 $330.00 $450.00Sanders Loop 0.89$47.54 $15.44 $56.07 $9.35 $24.92 $6.23 $42.00 $9.00 $66.75 $25.00 $85.00 $20.00 $33.00 $5.78 $48.95 $66.75FreeportParkway ROW 0.83$37.00 $14.70 $52.29 $8.72 $23.24 $5.81 $42.00 $9.00 $62.25 $25.00 $85.00 $20.00 $32.00 $5.39 $45.65 $62.25Lake Shore Median 0.11$5.89 $1.96 $6.93 $1.16 $3.08 $0.77 $27.00 $9.00 $35.00 $25.00 $45.00 $15.00 $30.00 $0.71 $6.05 $8.25Ruby Road ROW 0.4$17.89 $6.86 $25.20 $4.20 $11.20 $2.80 $21.00 $9.00 $35.00 $25.00 $50.00 $15.00 $30.00 $2.60 $22.00 $30.00Sandy Lake Road ROW 5.67$252.11 $100.94 $357.21 $59.54 $158.76 $39.69 $208.00 $45.00 $425.25 $141.75 $475.00 $95.00 $205.00 $36.80 $311.85 $425.25Bethel Road 4.1$218.79 $73.01 $258.30 $43.05 $114.80 $28.70 $167.00 $30.00 $307.50 $102.50 $345.00 $75.00 $150.00 $26.61 $225.50 $307.50Southwestern Blvd Median & ROW1.8$96.29 $31.85 $113.40 $18.90 $50.40 $12.60 $62.00 $9.00 $135.00 $45.00 $165.00 $42.00 $65.00 $11.68 $99.00 $135.00Devonshire Channel 0.11$5.89 $1.86 $6.93 $1.16 $3.08 $0.77 $42.00 $9.00 $35.00 $25.00 $60.00 $20.00 $30.00 $0.71 $6.05 $8.25Bid TabulationRight of Way Mowing ContractQ-0106-01January 24, 2006 10:00 a.m.TruGreen LandCareForest Hill Lawn Service, Inc.All Around Lawn CareToledo Landscaping & Development, LLCLandscape Incorporated ValleyCrest LandscapePriority LandscapeManagementVMC Landscape DEPT: Parks and Recreation DATE: February 28, 2006 ITEM #: 10/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending Chapter 3, Article 3-5, by changing the title of said article from “Sanitation Department” to “Solid Waste and Recycling Program”; by amending section 3-5-1 to provide for the creation of the Solid Waste and Recycling Program; by amending section 3-5-5 by deleting the reference to residential and replacing with commercial; by amending section 3-5-12, subsection B, to delete the reference to the Community Program Coordinator and replace with the Environmental Health Division; by amending section 3-5-13, subsection F, by amending the cubic yards of finished compost to be provided each year; and by adding section 3-5-14 to provide for definitions; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Ordinance updated due to a shift in program responsibilities, minor language clarification, and the addition of definitions. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: ^SolidWaste-1AR(c) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3, ARTICLE 3-5, BY CHANGING THE TITLE OF SAID ARTICLE FROM “SANITATION DEPARTMENT” TO “SOLID WASTE AND RECYCLING PROGRAM”; BY AMENDING SECTION 3-5-1 TO PROVIDE FOR THE CREATION OF THE SOLID WASTE AND RECYCLING PROGRAM; BY AMENDING SECTION 3-5-5 BY DELETING THE REFERENCE TO RESIDENTIAL AND REPLACING WITH COMMERCIAL; BY AMENDING SECTION 3-5-12, SUBSECTION B, TO DELETE THE REFERENCE TO THE COMMUNITY PROGRAM COORDINATOR AND REPLACE WITH THE ENVIRONMENTAL HEATH DIVISION; BY AMENDING SECTION 3-5-13, SUBSECTION F, BY AMENDING THE CUBIC YARDS OF FINISHED COMPOST TO BE PROVIDED EACH YEAR; AND BY ADDING SECTION 3-5-14 TO PROVIDE FOR DEFINITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 3-5 of the City of Coppell Code of Ordinances provides for the Sanitation Department of the City; and WHEREAS, the City has entered into an Agreement with Waste Management to provide Solid Waste and Recycling removal services in the City, under the management of the Environmental Health Division; and WHEREAS, the City Council has determined that Article 3-5 should be updated and amended to provide for the changes wherein this provision applies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That Chapter 3 of the City of Coppell Code of Ordinance, be, and the same is, hereby amended by amending Article 3-5, by changing the title of said article; by amending Section 3-5-1 to provide for the creation of the Solid Waste and Recycling Program; by amending Section 3-5-5 by deleting the reference to residential and replacing with commercial; by amending Section 3-5-12, Subsection B, to delete the reference to the 1 63111 community program coordinator and replace with the Environmental Heath Division; by amending Section 3-5-13, Subsection F, by amending the cubic yards of finished compost to be provided each year; and by adding Section 3-5-14 to provide for definitions, which shall read as follows: “ARTICLE 3-5. SOLID WASTE AND RECYCLING PROGRAM Sec. 3-5-1. Solid Waste and Recycling Program. There is hereby created the City of Coppell Solid Waste and Recycling Program. Sec. 3-5-2. . . . . . . . . . Sec. 3-5-5. Commercial collection fee. The fee for commercial collection shall be as established by appropriate city council resolution. Sec. 3-5-6. . . . . . . . . . . Sec. 3-5-12. Roll-off containers on residential lots – permits required. . . . . . B. The Environmental Heath Division may issue a permit . . . . . . . . Sec. 3-5-13. Yard trimmings recycling. . . . . . F. The authorized contractor shall provide, at no charge, one hundred and eighty (180) c. yards of finished compost each year to a location designed by the City of Coppell Parks and Recreation Department to be used at the city’s discretion. . . . . . 2 63111 Sec. 3-5-14. Definitions. Unless the context clearly indicates otherwise, the following words and phrases shall have meaning respectively ascribed to them by this section. Brush means cuttings or trimmings from trees, shrubs, lawns and similar materials. Building line means the line established by the building constructed on the lot. Collection means the act of removing solid waste (or materials that have been separated for the purpose of recycling) for transport elsewhere. Compost means the controlled biological decomposition of organic materials through microbial activity. Consumer Price Index (CPI) means the revised Consumer Price Index for all Urban Consumers (CPI-U), all items, published by the United States Department of Labor, Bureau of Labor Statistics 1982-1984=100. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. Franchisee means the private waste company that collects, hauls and disposes of solid waste materials within the city limits. Garbage means all solid waste consisting of putrescible animal or vegetable waste that results from the handling, preparation, cooking and consumption of food. Hazardous Waste means any solid waste identified or listed as hazardous waste by the administrator of the EPA under the federal Solid Waste Act, as amended by the Resource Conservation and Recovery Act. Recycling means the legitimate use, reuse, or reclamation of solid waste. Rubbish means not putrescible solid waste, excluding ashes, that consists of (a) combustible waste materials including paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, and similar materials (b) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator temperatures. Refuse means the same as rubbish. 3 63111 Scavenging means the uncontrolled and unauthorized removal of materials at any point in the solid waste management system. Solid Waste means garbage, rubbish, refuse, trash and other discarded material. The term does not include soils, dirt, rock, and other man-made inert solid materials used to fill land, or household hazardous waste. Trash means the same as rubbish. Yard Trimmings means grass, leaf, brush, and tree trimmings (not greater than six inches [6”] in diameter), and bedding/vegetable plants. The term does not include stumps, soil and common poisonous plants.” SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2006 APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR 4 63111 ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (JDD/cdb 01/18/06) 5 63111 DEPT: Engineering DATE: February 28, 2006 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid/Contract # Q-0106-03 to Advanced Paving Co. for the reconstruction of Freeport Parkway, in an amount of $419,616.00, as provided for in CIP funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this project will allow the removal and replacement of approximately 40,000 square feet of concrete paving on Freeport Parkway. Staff recommends award of the contract to the low bidder, Advanced Paving Co., in an amount of $419,616 and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds have been allocated in the Street CIP accounts for this project. Agenda Request Form - Revised 09/04 Document Name: #Freeport MEMORANDUM TO:Mayor and City Council FROM:Keith Marvin, P.E., Assistant City Engineer DATE:February 28, 2006 REF: Consider approval of awarding Bid/Contract # Q-0106-03 to Advanced Paving Co. for the reconstruction of Freeport Parkway, in an amount of $419,616.00, as provided for in CIP funds; and authorizing the City Manager to sign. On February 7, 2006 the City of Coppell received and opened ten bids for the reconstruction of Freeport Parkway. This project includes removing and replacing approximately 40,000 square feet of concrete and the removal and replacement of three bands of brick pavers with stamped concrete. The limits of this project are from IH 635 to the intersection of Bethel Road. See the attached exhibit for additional location information. The bids on this project ranged from a low bid of $419,616.00 to a high bid of $752,666.00. The low bidder on the project was Advanced Paving Co. of Dallas, Texas. The contractor has not performed any work for the City of Coppell in the past, however they were able to supply references from several surrounding communities. In speaking with the references provided, I received no negative feedback that would indicate that they are not able to complete the project on time, and within budget. The engineering department completed the design for this project in house, and our estimate was $583,670. Staff recommends award of the contract for the reconstruction of Freeport Parkway to Advanced Paving Co., in an amount of $419,616.00, with an estimated completion time of 40 calendar days. Staff will be available to answer any questions at the Council. BASE BID TABULATION: FREEPORT PARKWAY RECONSTRUCTION PROJECT ST 00-04 '2006'Item Quantity Unit DescriptionAdvanced Paving Co. Hencie International, Inc. McMahon Contracting LP JRJ Paving LP Jim Bowman Construction Tiseo Paving Co. Vortex ConstructionUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price1-1 1 LS Mobilization//Demobilization37,630.00 37,630.009,500.00 9,500.00 40,000.00 40,000.00 31,000.00 31,000.00 20,800.00 20,800.00 25,000.00 25,000.00 7,150.00 7,150.001-2 40,000 SF Remove & Replace 8" Concrete Paving7.50 300,000.007.25 290,000.00 9.00 360,000.00 10.22 408,800.00 12.00 480,000.00 13.90 556,000.00 12.62 504,800.001-3 2,180 LF Construct Monolithic Concrete Curb11.24 24,500.006.00 13,080.00 1.00 2,180.00 3.00 6,540.00 2.65 5,777.00 1.25 2,725.00 35.75 77,935.001-4 2,017 SF Remove Brick Pavers & Construct StampedConcrete Band17.95 36,200.0025.00 50,425.00 11.00 22,187.00 20.00 40,340.00 18.00 36,306.00 16.00 32,272.00 14..00 28,238.001-5 4 EA Adjust Water Valve Box or Manhole Coverto Final Grade300.00 1,200.00200.00 800.00 100.00 400.00 750.00 3,000.00 100.00 400.00 500.00 2,000.00 715.00 2,860.001-6 10,000 LF Remove, Clean & Reseal Pavement Joints1.15 11,500.005.00 50,000.00 1.00 10,000.00 2.75 27,500.00 1.50 15,000.00 1.85 18,500.00 2.50 25,000.001-7 1 LS Furnish, Install, Maintain & Remove TrafficControl Devices6,000.00 6,000.008,500.00 8,500.00 10,000.00 10,000.00 12,000.00 12,000.00 4,500.00 4,500.00 16,000.00 16,000.00 20,000.00 20,000.001-8 1 LS Furnish, Install, Maintain & Remove ErosionControl Devices2,586.00 2,586.006,000.00 6,000.00 5,500.00 5,500.00 5,000.00 5,000.00 500.00 500.00 22,500.00 22,500.00 12,870.00 12,870.00Calendar Days 40 180 135 120 100 60 100TOTALS $419,616.00 $428,305.00 $450,267.00 $534,180.00 $563,283.00 $674,997.00 $678,853.00Item Quantity Unit DescriptionPavement Services Corp. Ed A Wilson Cates, Courtney & RoebuckUnit Price Total PriceUnit Price Total Price Unit Price Total Price1-1 1 LS Mobilization//Demobilization 29,508.00 29,508.00 50,000.00 50,000.00 50,000.00 50,000.001-2 40,000 SF Remove & Replace 8" Concrete Paving 13.68 547,124.00 14.65 586,000.00 12.62 580,000.001-3 2,180 LF Construct Monolithic Concrete Curb 16.97 37,000.00 3.00 6,540.00 35.75 4,360.001-4 2,017 SF Remove Brick Pavers & Construct StampedConcrete Band16.00 32,272.00 20.50 41,348.50 14..00 36,306.001-5 4 EA Adjust Water Valve Box or Manhole Coverto Final Grade350.00 1,400.00 500.00 2,000.00 715.00 2,000.001-6 10,000 LF Remove, Clean & Reseal Pavement Joints 1.86 18,699.00 3.00 30,000.00 3.50 35,000.001-7 1 LS Furnish, Install, Maintain & Remove TrafficControl Devices18,275.00 18,275.00 20,000.00 20,000.00 25,000.00 25,000.001-8 1 LS Furnish, Install, Maintain & Remove ErosionControl Devices5,500.00 5,500.00 10,000.00 10,000.00 20,000.00 20,000.00Calendar Days 120 120 100TOTALS $689,778.00 $745.888.50 $752,666.00 1 INCH = FT. 0 800 800 400 Proposed Pavement Repair Freeport Parkway Project ST00-04 (2006) Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST00-04 PVMT REP Created on: 20 February 2006 by Scott Latta AREA OF PROPOSED PAVEMENT REPAIR DEPT: Human Resources DATE: February 28, 2006 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Interlocal Participation Agreement between the City of Coppell and the Public Employee Benefits Alliance (PEBA) to provide for joint request for proposals on employee benefit programs and authorizing the Mayor to sign GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Costs associated with this interlocal agreement are minimal and will be provided by the Self Insurance Fund. Agenda Request Form - Revised 09/04 Document Name: &PEBAAgreement Memorandum To: Jim Witt, City Manager From: Vivyon V. Bowman, Director of Administration/ Human Resources Date: February 21, 2006 Subject: Public Employees Benefit Alliance (PEBA) As you know, I attended the kick off meeting for the Public Employee Benefit Alliance (PEBA) in Austin on Friday, February 10, 2006. I wanted to provide you with a brief summary of what the organization is trying to accomplish. PEBA is an interlocal cooperative that was created pursuant to Chapter 791 of the Texas Government Code and Subchapter of Chapter 271 of the Texas Local Government Code. PEBA in its infancy stage is made up of three risk pools (TML Intergovernmental Employee Benefits Pool, Texas Association of Counties Health & Employee Benefit Pool and Texas Association of School Boards), the cities of Carrollton, Amarillo, Huntsville and San Marcos. The Alliance's primary purpose is to provide political subdivisions as defined in state law, the opportunity to participate in a purchasing alliance designed to provide the leverage to effectively negotiate with employee benefit providers. An annual membership fee is required (based upon number of covered lives) which in our case the fee would be $300. In addition to the membership fee, there will be a per proposal fee for every proposal that PEBA submits for quotes. The proposals up for consideration in 2006 are as follows: Proposal Cost Pharmacy Benefits Manager $2000 Disease Management $ 100 Retiree Benefits $ 200 The proposal fees are required to reimburse the risk pool(s) staff for their administrative time for preparing and analyzing proposals. Below I've listed some key observations that we should consider, if we want to join this alliance: 1) PEBA is not a risk (sharing) pooling organization. The main reason for participation by members is for volume by numbers only to create more negotiating power. 2) PEBA members are not required to participate in proposals offered. 3) PEBA members will have to accept some standardization in benefit program design, if they decide to participate in a RFP. The members will have some limited flexibility to negotiate with selected vendors on benefit design such as applicable copays. 4) PEBA members participating in a RFP will contract directly with chosen vendors and be responsible for administering the selected product. All products will be net of commission for broker fees. 5) PEBA members will receive communication with the board and risk pool(s) staff primarily through the PEBA website (www.BuyPEBA.org) or via WebX for review of proposal design and results. Consultants will be able to participate in this portion of the process. 6) The proposal fees, if we decide to participate, are none refundable. The City Council will have to approve the City entering into an interlocal agreement (see attached) with PEBA as well as payment of the membership fee of $300 will have to be submitted before the first RFP is published on 3/15/06. The Insurance committee met on Friday, February 17, 2006 to discuss the opportunity of the City participating in the Alliance and recommends that we participate in order to have the opportunity to enhance our existing benefit program, potentially save money as well as continue to support local government initiatives. Please contact me with any further comments and/or questions you may have regarding this topic. PUBLIC EMPLOYEE BENEFITS ALLIANCE INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement (the "Agreement") is made by and between the City of Coppell (the "Member"), acting through its MAYOR and CITY COUNCIL and the Public Employee Benefits Alliance ("PEBA"), as authorized by the Texas Interlocal Cooperation Act (TEX. GOV'T CODE, Chapter 791. 1. RECITALS 1.1 The Member is a political subdivision of the State of Texas as "political subdivision" is defined in Section 791.003 of the Texas Government Code. 1.2 As a political subdivision of the State of Texas, the Member performs certain governmental functions and services as those terms are defined under Section 791.003 of the Texas Government Code. 1.3 The Member desires to join PEBA in order to cooperatively purchase goods, services and other items to be used in the Member's provision of employee benefits. 1.4 The Member acknowledges that this Agreement is a contract with PEBA and that PEBA may contract with other political subdivisions wishing to participate, at the discretion of PEBA. 1.5 The Member's governing body has agreed to the terms and conditions of this Agreement and has acted by majority vote, at a duly called and posted public meeting, to authorize the execution of this Agreement and participation in PEBA. 2. AGREEMENT 2.1 Entry Into PEBA. For and in consideration of the premises and the mutual agreements set forth in this Agreement, and other good and valuable consideration, the Member enters into this Agreement for the purpose of joining PEBA. 2.2 PEBA Not an Insurer. PEBA is not an insurer. All benefits and related services purchased through PEBA are authorized pursuant to the Interlocal Cooperation Act (Chapter 791, Texas Government Code) and other applicable provisions of Texas law. 2.3 Administrative Contract with the TMLIEBP and HEBP. PEBA may contract with the TML Intergovernmental Employee Benefits Pool ("TMLIEBP"), the Texas Association of Counties Health and Employee Benefits Pool ("HEBP") or other entity to aid in the performance of the Agreement and the operation of PEBA. 1 3. TERMS AND CONDITIONS 3.1 Term and Termination. This term of this Agreement shall be for one year, commencing as of the date of execution by the second party to sign the Agreement. This Agreement shall be automatically renewed annually for an additional one-year term without the necessity of any action by the parties other than payment of the appropriate dues or contribution. Either party may elect not to renew this Agreement by giving written notice at least thirty (30) days prior to the end of the original term or any renewal term. 3.2 Agreement Binds Members. Member agrees to be bound by this Agreement and the Bylaws, policies and procedures of PEBA (as they are currently in force or hereafter may be adopted or amended), which collectively establish the conditions for membership in PEBA. The Bylaws of PEBA are incorporated herein by reference and made a part of this Agreement for all purposes as if fully set out herein. Any amendment to the Bylaws shall become binding on the Member immediately upon its adoption. 3.3 PEBA's Services. PEBA shall provide the administrative and support services, including drafting bid or request for proposal ("RFP") documents, and conducting negotiations with vendors, to allow Members to cooperatively purchase goods, services and other items to be used in the Members' provision of employee benefits. 3.4 PEBA Procedures and Bylaws. Member shall furnish all the information that PEBA deems necessary and useful for the purposes of this Agreement and shall abide by the procedures and Bylaws adopted for the administration of PEBA. 3.5 Payments and Conditions. Payments and contributions shall be made by the Member to PEBA at Austin, Travis County, Texas on the dates and in such amounts as PEBA requires. Interest, beginning the first day after the due date and continuing until paid, shall accrue at the maximum rate allowed by law on the balance of any payment or contribution not paid when due. Contributions and other payments received by PEBA from Member will be held and managed for the benefit of the several Members, not the individual officials, employees, retirees of the Member, or the dependents of these officials, employees or retirees. All payments by Member under this Agreement shall be from funds currently available to Member. 3.6 Coordinators. Member hereby designates and appoints, as indicated in the space provided below, a PEBA Coordinator of department head rank or above and agrees that PEBA shall not be required to contact or provide notices to any other person. Further, any notice to, or agreement by, Member's PEBA Coordinator, with respect to services hereunder, shall be binding on the Member. Member reserves the right to change its PEBA Coordinator from time to time by giving written notice to PEBA. 2 3.7 Plan Administrator. PEBA is not a plan administrator of any employee benefits plan. Member will serve as its own plan administrator, or designate another entity to carry out the functions of Plan Administrator. Each Member retains the rights, duties and privileges of the Plan Administrator and acknowledges it has all responsibility for compliance with all state and federal laws applicable to employee benefits for its employees and Plan participants. 3.8 Member Responsible. Member acknowledges that it may choose which goods or services or items (if any) it wishes to purchase collectively through PEBA and that there is no obligation to participate in any bid or RFP issued through PEBA. Member further acknowledges that when goods or services or items are purchased through PEBA, the Member, and not PEBA, is responsible for the payment for these goods or services or items. This Agreement shall not be exclusive, and each Member shall be free to make any Interlocal Agreement for services with any other Member or nonmember political subdivision. 4. ADMINISTRATIVE PROVISIONS 4.1 Amendment. This Agreement shall represent the complete understanding of the parties and may not be amended or modified other than in a written agreement signed by the parties, or as otherwise provided under this Agreement. 4.2 Applicable Law. This Agreement is entered into, is executed and is totally performable in the State of Texas, County of Travis, and all questions pertaining to its validity or construction shall be determined in accordance with the laws of the State of Texas. 4.3 Acts of Forbearance. No act of forbearance on the part of either party to enforce any of the provisions of this Agreement shall be construed as a modification of this Agreement, nor shall the failure of any party to exercise any right or privilege herein granted be considered as a waiver of such right or privilege. 4.4 Notices. Any notice required to be given or payment required to be made to PEBA shall be deemed properly sent if addressed to: (for counties and related entities) Public Employee Benefits Alliance c/o Texas Association of Counties Health and Employee Benefits Pool Attention: HEBP Manager 1210 San Antonio Austin, Texas 78701 (For cities, school boards and related entities) Public Employee Benefits Alliance c/o TML Intergovernmental Employee Benefits Pool PO Box 149190 Austin, TX 78714-1337 3 and deposited in the United States mail with proper postage. PEBA may change its address by giving notice to the Members. 4.5 Effect of Partial Invalidity: Venue. If any part of this Agreement is declared invalid, void or unenforceable, the remaining parts and provisions shall continue in full force and effect. It is further agreed that venue for any dispute arising under the terms of this Agreement shall be in Austin, Travis County, Texas. 4.6 Exclusive Right to Enforce. PEBA and the Member have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. EXECUTION IN WITNESS WHEREOF, we hereunto affix our signatures as of the date indicated below. PUBLIC EMPLOYEE BENEFITS ALLIANCE _______________________________ MEMBER By: _________________________________ By:____________________________ Date: _________________________________ Date: __________________________ MEMBER'S PEBA COORDINATOR Name: Vivyon V. Bowman Director of Administration/ Human Resources Address: 255 Parkway Blvd. Coppell, TX 75019 Phone Number: (972) 304-3648 e-mail: vbowman@ci.coppell.tx.us 4 DEPT: City Secretary DATE: February 28, 2006 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution calling the Regular Municipal Election for Mayor and Councilmembers Place 2, 4, and 6 and a Special Municipal Bond Election for acquisition of land for Parks, Streets and Municipal Improvements for Saturday, May 13, 2006; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds required for elections are budgeted in the City Secretary’s departmental budget. Agenda Request Form - Revised 09/04 Document Name: %callelect A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ___________________ ORDER OF GENERAL AND SPECIAL ELECTION May 13, 2006 BE IT REMEMBERED THAT on this the 28th day of February, 2006, at a meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS HEREBY ORDERED that an election be held on the 13th day of May, 2006, 7:00 a.m. to 7:00 p.m., for the purpose of electing a Mayor, one Councilmember for Place 2, one Councilmember for Place 4, and one Councilmember for Place 6. The election shall be held as a Joint Election administered by the Dallas County Elections Administrator in accordance with the provisions of the Texas Election Code and a Joint Election Agreement. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. In the event any candidate for said office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held. If a run-off election becomes necessary, the run-off election will be held on Saturday, June 17, 2006. The Dallas County Elections Administrator will conduct the Election. IT IS FURTHER ORDERED that a special election be held in conjunction with the General Election on the 13th day of May, 2006, 7:00 a.m. to 7:00 p.m., for the purpose of submitting to the voters the following proposition: “Shall the City Council of said City be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $_________, Page 1 63645 with the bonds of each such series or issue, respectively, to mature serially within not to exceed forty (40) years from their date, and to be sold at such prices and bear interest at such rates as shall be determined with the discretion of the City Council, for the purpose of the acquisition of land from the owners of approximately 130 acres located north of Hackberry Road and east of Belt Line Road in the vicinity of North Lake to be used in part for park purposes, and in part for right-of-way and street improvements, and in part for future municipal improvements, facilities and purposes, and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?” That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” the aforesaid Proposition, with the ballots to contain such provisions, markings and language as required by law, and with such Proposition to be expressed substantially as follows: “PROPOSITION FOR (____) The issuance of $_____________ Park and Street and Municipal improvement tax bonds (acquisition of land from the owners of approximately 130 acres located north of Hackberry Road and East AGAINST (____) of Belt Line Road in the vicinity of North Lake to be used in part for park purposes, and in part for right-of-way and street improvements, and in part for future municipal improvements, facilities and purposes.” A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed in accordance with the Joint Election Agreement. Early voting by personal appearance shall be conducted at the Town Center Atrium, 255 Parkway Boulevard, Coppell, Texas 75019. Early voting will be conducted on weekdays beginning Monday, May 1, 2006 through Friday, May 5, 2006, 8:00 a.m. - 5:00 p.m.; Saturday, May 6, 2006, 8:00 a.m. - 5:00 p.m.; Sunday, May 7, 2006, 1:00 p.m. - 6:00 p.m.; Monday, May 8, 2006 through Tuesday, May 9, 2006, 7:00 a.m. - 7:00 p.m. Page 2 63645 Qualified residents of Coppell may vote early for the Joint Election by personal appearance at either the Coppell Town Center or at any of the other branch locations, as published by Dallas County. Application for a ballot by mail shall be mailed to: Bruce R. Sherbert Chief Deputy Early Voting Clerk Office of the Elections Department 1st Floor, Records Building 509 Main Street Dallas, Texas 75202 Application for ballot by mail must be received no later than the close of business on May 5, 2006. The City Secretary shall present such returns to the City Council for the canvassing of said election. The canvass of said election returns shall be conducted by the City Council not earlier than the 3rd day nor later than the 11th day after the election. DULY ORDERED by the City Council of the City of Coppell, Texas the 28th day of February, 2006. APPROVED: DOUGLAS N. STOVER, MAYOR CITY OF COPPELL, TEXAS APPROVED AS TO FORM: ATTEST: ____ _______________________________________ ROBERT E. HAGER, CITY ATTORNEY LIBBY BALL, CITY SECRETARY (REH/cdb 02/09/2006) CITY OF COPPELL, TEXAS Page 3 63645 DATE: February 28, 2006 ITEM #: 14 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Solid Waste and Recycling Services. B. 121 Update. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: February 28, 2006 ITEM #: 15 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Chamber of Commerce Gala. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: February 28, 2006 ITEM #: 16 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Faught and Suhy. C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Suhy and York. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores. H. Metrocrest Medical Services – Councilmember Hinojosa-Flores. I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau. J. North Texas Council of Governments - Councilmember Tunnell. K. NTCOG/Regional Emergency Management - Councilmember Suhy L. North Texas Commission - Councilmember Peters. M. Senior Adult Services - Councilmember Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: February 28, 2006 ITEM #: 17 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: February 28, 2006 ITEM #: 18 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: February 28, 2006 Department Submissions: Item No. 7 was placed on the Agenda for the above-referenced City Council meeting by the Information Services Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Information Services Department Item Nos. 10/B, 10/C and 11 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 10/D and 10/E were placed on the Agenda for the above- referenced City Council meeting by the Parks Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Parks Department Item No. 12 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 (or Deputy City Manager)