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CP 2006-05-23 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 23, 2006 DOUG STOVER, TIM BRANCHEAU, Place 1 Mayor Mayor Pro Tem JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, 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, May 23, 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., with 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. ag052306 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 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; and CB Parkway Business Center et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Land sale East of Coppell Road and South of Bethel. 2. Land sale West of Coppell Road and South of Bethel. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding appointment of Mayor Pro Tem. B. Discussion regarding Registered Sex Offender Ordinance. C. 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. Swearing-in of Mayor and Councilmembers 2, 4 and 6. 8. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. ag052306 Page 2 of 6 ITEM # ITEM DESCRIPTION 9. Presentation to and recognition of Councilmember Thom Suhy, 10. Swearing-in of new Fire Chief, Kevin Richardson. 11. Presentation of plaque to the city of Coppell by the American Cancer Society for their participation in the Relay for Life. 12. Consider approval of a proclamation honoring Senator Florence Shapiro for her work on school funding during the Special Legislative Session, and authorizing the Mayor to sign. 13. Consider approval of a proclamation congratulating Gregory Kyle Sturch on his appointment to West Point, and authorizing the Mayor to sign. 14. Consider approval of a proclamation naming June 9, 2006 as Copperheads Appreciation Day, and authorizing the Mayor to sign. 15. Report by Park Board. 16. Citizens' Appearances. CONSENT AGENDA 17. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 9, 2006. B. Consider approval of a grant application between the Coppell Independent School District, the Coppell Education Development Corporation and the city of Coppell in the amount of $200,500.00 and authorizing the City Manager to sign. C. Consider approval of a grant application between the Coppell Independent School District, the Coppell Education Development Corporation and the city of Coppell in the amount of $126,000.00 and authorizing the City Manager to sign. D. Consider approval of a resolution authorizing the use of Community Development Block Grant funds from FY 2006 in the amount of $59,284 for the installation of Americans with Disabilities Act compliant automatic doors at the Coppell Aquatic and Recreation Center and the William T. Cozby Public Library, and for the completion of the FY 2005 funded project - Samuel Boulevard Curb ag052306 Page 3 of 6 ITEM # ITEM DESCRIPTION Ramps (SW 05-01), and authorizing the City Manager to execute the necessary documents for such funds; and authorizing the Mayor to sign. E. Consider Approval of a Resolution suspending the proposal by Atmos Energy Corporation to implement interim GRIP rate adjustments, providing for notice hereof to said company, and authorizing the Mayor to sign. END OF CONSENT 18. Consider approval of a Resolution Canvassing Election Returns for the May 13, 2006 Bond Election; and authorizing the Mayor to sign. 19. Consider approval of awarding Bid/Contract # Q-0306-01 to Roadway Solutions, Inc., for the installation of Traffic Signals at A) Belt Line Road and MacArthur Boulevard and B) MacArthur Boulevard and Bethel School Road, in an amount of $298,042 as provided for in Infrastructure Maintenance (IMF) funds and in Capital Improvement Project (CIP) funds; and authorizing the City Manager to sign. 20. Consider approval of awarding bid No. Q-0306-02, for the installation of the Wagon Wheel Park South Parking Lot, to JRJ Paving LP, in the amount of $371,200.00, and authorizing the President of the CRDC and the City Manager to sign. 21. Necessary action resulting from Work Session. 22. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmember Faught. C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmember 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 - L. North Texas Commission - Councilmember Peters. ag052306 Page 4 of 6 ITEM # ITEM DESCRIPTION M. Senior Adult Services - Councilmember Faught. 23. Necessary Action Resulting from Executive Session. 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 19th day of May, 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). ag052306 Page 5 of 6 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. ag052306 Page 6 of 6 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: May 23, 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,; and CB Parkway Business Center et al vs. City of Coppell, et al.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Land sale East of Coppell Road and South of Bethel. 2. Land sale West of Coppell Road and South of Bethel. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: May 23, 2006 ITEM #:WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding appointment of Mayor Pro Tem. B. Discussion regarding Registered Sex Offender Ordinance. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession DRAFT 5/17/2006 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 130 OF THE COPPELL CITY CODE TO ADD SECTION 130.24 MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE UNDER SECTION _______ CHAPTER _____ OF THE COPPELL CITY CODE; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF $500; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell determines and declares that sex offenders are a serious threat to public safety; and WHEREAS, the City Council determines that the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes against children; and WHEREAS, the City Council determines that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure provides a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter ____ of the Coppell City Code shall be amended by the addition of the following Section _______: Sec. ______. Regulation of Sex Offender Residency. (A) Definitions. For the purposes of this Section, the following terms, words, and the derivations thereof shall have the meanings given herein. 1) Minor. A minor is a person younger than seventeen (17) years of age. 2) Permanent Residence. A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days. 3) Temporary Resident. A place where a person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where a person routinely abides, resides, or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence. (B) Offenses. 1) For each person required to register on the Texas Department of Public Safety’s Sex Offender Database (the “Database”) because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, which, for purposes of this Ordinance, shall be a public park; private or public school; or day care center, as such terms are defined in the Comprehensive Zoning Ordinance of the City of Coppell, or any public or non-profit recreational facility. For the purposes of this Ordinance, planted street medians are not public parks. 2) Evidentiary matters; measurements. a) It shall be prima facie evidence that this Section applies to such a person if that person’s record appears on the Database and the Database indicates that the victim was less than sixteen (16) years of age. b) For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein above, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein. c) A map depicting the prohibited areas shall be maintained by the City of Coppell. The City shall review the map at least annually for changes. Said map will be available to the pubic at the Coppell Police Department. 3) Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this Chapter. 4) Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply: 66381 2 a) The person required to register on the Database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this Ordinance. b) The person required to register on the Database was a minor w hen he or she committed the offense requiring such registration and was not convicted as an adult. c) The person required to register on the Database is a minor. d) The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register on the Database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. e) The information on the Database is incorrect, and, if corrected, this Section would not apply to the person who was erroneously listed on the Database. SECTION 2. A violation of any of the provisions of this Ordinance shall be deemed to be a misdemeanor and, upon conviction of such violation, such violation shall be punished by a penalty of fines as set forth in 10.99 for each offense. SECTION 3. That, save and except as amended by this Ordinance, __________of the Coppell City Code shall remain in full force and effect. SECTION 4. That the provisions of this Ordinance are severable in accordance with Section _______of the Coppell City Code. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are specifically repealed. SECTION 6. That this Ordinance shall become effective from and after its passage and publication. 66381 3 PASSED AND APPROVED by the City Council of the City of Coppell, Texas this _____ day of May, 2006. CITY OF COPPELL, TEXAS Douglas Stover, Mayor ATTEST: Libby Ball, City Secretary APPROVED AS TO FORM: J. David Dodd, III, City Attorney (JDD/als) (66381) 66381 4 PAGE 1 OF _ PAGES AGENDA ITEM NO. _ City Council Bill # ORDINANCE NO. _________ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING CHAPTER 78, ARTICLE V OF THE CODE OF ORDINANCES TO PROVIDE A SAFETY ZONE SURROUNDING SCHOOLS, CHILDCARE FACILITIES, YOUTH CENTERS, AND PARKS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council of the City of Wichita Falls is deeply concerned about the recent occurrences across this country where convicted sex offenders who have been released from custody repeat the unlawful acts for which they had originally been convicted; and, WHEREAS, the City Council of the City of Wichita Falls finds from the available evidence that the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes on children; and, WHEREAS, the City Council desires to establish a policy providing for the maximum protection of the mental and physical health and lives of persons in the City of Wichita Falls; and, WHEREAS, the City has the authority, pursuant to Article 11, Section 5 of the Texas Constitution, Section 54.004 of the TEXAS LOCAL GOVERNMENT CODE, and Section 7 of the City Charter to adopt such provisions in order to protect the health, safety, and welfare of its residents; and, WHEREAS, the United State 8th Circuit Court of Appeals recently issued an opinion in the case of Doe v. Miller, 405 F. 3d 700 (8th Cir. 2005), in which the Court upheld similar residency restrictions contained in the State of Iowa Statutes, and found the restrictions to be constitutional; and, WHEREAS, the City Council finds that the creation of a safety zone to prohibit sex offenders convicted of crimes under certain Texas Statutes from living within one thousand feet of specified locations in the City of Wichita Falls is in the best interest of the health, safety, and welfare of the residents and citizens of the City of Wichita Falls. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: PAGE 2 OF _ PAGES AGENDA ITEM NO. _ SECTION 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Chapter 78, Article V of the Code of Ordinances is hereby enacted to read as follows: “Article V. Public Safety Zone. Sec. 78-150. Certain Persons Prohibited From Residing Near Schools. (a) This section applies only to a person who is: (1) required to register as a sex offender under Chapter 62, CODE OF CRIMINAL PROCEDURE, because of a reportable conviction or adjudication involving a victim younger than 17 years of age; or (2) civilly committed as a sexually violent predator under Chapter 841, HEALTH AND SAFETY CODE, and subject to outpatient treatment and supervision under that Chapter. (b) A person to whom this section applies may not negligently reside within 1,000 feet of a school, childcare facility, public or private youth center, or parks containing playground equipment, as measured in a straight line from the nearest property line of the residence to the nearest property line of the school, childcare facility, youth center, or park. (c) A person residing within 1,000 feet of a school, childcare facility, youth center, or park, does not commit a violation of this section if any of the following apply: (1) the person established the residence prior to March 7, 2006. (2) the person is a minor. (3). the person is residing at the residence at the time the school, childcare facility, youth center, or park is established or extended to within 1,000 feet of the residence. (d) A person to whom this section applies commits a Class C misdemeanor punishable by a fine of not more than $2,000.00, if a person violates this section. Each day a violation exists shall constitute a separate offense. PAGE 3 OF _ PAGES AGENDA ITEM NO. _ Sec. 78-151. Definitions. In this article, 1. “School” means a private, public, or charter elementary or secondary school. 2. “Childcare Facility” means a facility which provides care, training, education, custody or supervision for at least seven (7) children who are not related by blood, marriage, or adoption to the owner or operator of the facility, for part of the 24 hour day, at least three (3) days per week, whether or not the facility is operated for profit or charges for the services it offers. 3. “Public or Private Youth Center” means any recreational facility or gymnasium that; a. is intended primarily for use by persons who are 17 years of age or younger, and b. regularly provides athletic, civic or cultural activities. 4. “Reside” means to live, dwell, abide, stay, or lodge for a period of more than one day. 5. “Park containing playground equipment” means any outdoor facility located on public property that is intended for recreation, is open to the public, and contains apparatus intended for the recreation of children, such as slides or swing sets.” SECTION 3. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. SECTION 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 5. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PAGE 4 OF _ PAGES AGENDA ITEM NO. _ PASSED AND APPROVED this the _______ day of March, 2006. ______________________________ M A Y O R ATTEST: ____________________ City Clerk ORDINANCE NO. 06-1810 AN ORDINANCE OF THE CITY OF LAKE JACKSON, TEXAS, ESTABLISHING CHAPTER 77 OF THE CODE OF ORDINANCES ENTITLED SEXUAL OFFENDERS; DEFINING CERTAIN TERMS; MAKING IT UNLAWFUL FOR CERTAIN SEXUAL OFFENDERS TO RESIDE WITHIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING EXCEPTIONS TO THE ORDINANCE; PROHIBITING PROPERTY OWNERS FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS; PROVIDING PENALTIES FOR VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE FIVE DAYS AFTER THE DESCRIPTIVE CAPTION IS PUBLISHED WITHIN TEN DAYS OF FINAL PASSAGE IN THE BRAZOSPORT FACTS. WHEREAS, the City of Lake Jackson Texas, being a home rule city having authority to utilize police power regulation for the health, safety, and general welfare of the citizens of the city; and, WHEREAS, the City Council of the City of Lake Jackson, Texas is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby convicted sex offenders who have been released from custody repeat the unlawful acts for which they had been originally convicted; and WHEREAS, the City Council of the City of Lake Jackson, Texas, finds from the evidence the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes on children; and WHEREAS, the City is becoming an increasingly attractive place for younger families with small children; and WHEREAS, the City Council finds that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12(13B) of the Texas Code of Criminal Procedure, provides a 1000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code provide the City authority to adopt ordinances for the good government, peace order and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON, TEXAS: SECTION 1: That Chapter 77 of the Code of Ordinances is hereby established to read as follows: Chapter 77: Sexual Offenders Sec. 77-1 Findings and Intent Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. It is the intent of this ordinance to serve the city’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences. Sec. 77-2 Definitions The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “Permanent residence” means a place where the sexual offender abides, lodges or resides for 14 or more consecutive days. “Temporary residence” means a place where the sexual offender abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence. Sec. 77-3 Sexual Offenders Residence Prohibition; Penalties; Exceptions a) If a person is required to register on the Department of Public Safety’s Sex Offender Database because of a violation involving a victim who was less than seventeen (17) years of age, it is unlawful for the person to establish a permanent residence or temporary residence within 1000 feet of any premises where children commonly gather, including but not limited to, a school, day care facility, playground, public or private youth center, public swimming pool, video arcade facility, or children’s oriented eating establishments, as those terms are defined in Article 481.134 of the Health and Safety Code of the State of Texas. It shall be prima facie evidence that this chapter applies to such a person if the person’s record appears on the Database and the Database indicates that the victim was less than seventeen (17) years of age. b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein. c) A sexual offender described in Section 77-3(a), above, shall on each October 30th and 31st between the hours of 4 pm and 11 pm display a sign with at least 2 inch lettering on all accessible exterior doors of his or her residence as well as posting a sign with at least 2” lettering along the sidewalk leading to the front door of the residence, stating “Sexual Predator Residence”. d) Penalties. Any person, firm or corporation who violates this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed FIVE HUNDRED AND NO/100’S DOLLARS ($500.00). e) Exceptions. A person residing within 1000 feet of those places where children commonly gather, as specified herein does not commit a violation of this ordinance if any of the following apply: (1) The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. (2) The person was a minor when he/she committed the offense and was not convicted as an adult. (3) The person is a minor. (4) The premises where children commonly gather, as specified herein, within 1000 feet of the person’s permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. Sec. 77-4: Property Owners Prohibited from Renting Real Property to Sexual Offenders; Penalties a) It is unlawful to let or rent any place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this ordinance, if such place, structure or part thereof, manufactured home, trailer, or other conveyance, is located within 1000 feet of any premises where children commonly gather, including but not limited to, a school, daycare facility, playground, public or private youth center, public swimming pool, video arcade facility, or children’s oriented eating establishment, as those terms are defined in Article 481.134 of the Health and Safety Code of the State of Texas. b) Penalties. Any person, firm or corporation who violates this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed FIVE HUNDRED AND NO/100’S DOLLARS ($500.00). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. SECTION 3: If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of this ordinance. SECTION 4: Any person, firm, corporation, association or other entity that violates this ordinance shall be subject to a fine of not more than $500.00 for each violation. SECTION 5: The City Secretary shall publish the caption of this ordinance within ten days of final passage in the official newspaper of the City. This ordinance shall take effect and be in full force five days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson. PASSED AND APPROVED on the first reading this _____ day of __________________, 2006. PASSED AND ADOPTED on this second and final reading the _____ day of ________________, 2006. _______________________________ SHANE PIRTLE, MAYOR CITY OF LAKE JACKSON ATTEST: ___________________________________ ALICE RODGERS CITY SECRETARY DEPT: City Secretary DATE: May 23, 2006 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Swearing-in of Mayor and Councilmembers Places 2, 4 and 6. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %Swearing-in MayorCouncilmembers-1AR DEPT: City Secretary DATE: May 23, 2006 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %ProTem-1AR DEPT: City Secretary DATE: May 23, 2006 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Presentation to and recognition of Councilmember Thom Suhy. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %Recognition Councilmember Suhy-1AR DEPT: City Secretary DATE: May 23, 2006 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Swearing-in of new Fire Chief, Kevin Richardson. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %Swearing-inFire Chief-1AR DEPT: City Manager DATE: May 23, 2006 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Presentation of plaque to the city of Coppell by the American Cancer Society for their participation in the Relay for Life. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Relay DEPT: City Manager DATE: May 23, 2006 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation honoring Senator Florence Shapiro as a CHAMPION OF EDUCATION FOR THE COPPELL COMMUNITY, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Shapiro PROCLAMATION WHEREAS, the Coppell community places the education of our children as one of its highest priorities and has demonstrated its support for finding a solution to the State’s public school finance system; and WHEREAS, the Coppell City Council and the Coppell Independent School District work in partnership to provide exemplary education and quality services to the youth of our community; and WHEREAS, State Senator Florence Shapiro is a champion for public education and has worked tirelessly to find an alternative to the State’s public school finance system; and WHEREAS, Senator Shapiro has served as the Chair of the Senate Education Committee and has been at the center of the Legislature’s efforts over the past three years to develop a school finance package; and WHEREAS, Senator Shapiro demonstrated tenacity, diplomacy and resolve throughout the recent Special Called Legislative Session, and was successful in crafting legislation that reduces property taxes while providing more State revenue for public schools. NOW, THEREFORE, the city of Coppell and the Board of Trustees of the Coppell Independent School District, do hereby declare their appreciation to State Senator Florence Shapiro and proclaim State Senator Shapiro “CHAMPION OF EDUCATION FOR THE COPPELL COMMUNITY” and urge all citizens to join in recognizing the dedication and tenacity of State Senator Shapiro. IN WITNESS THEREOF, I, Kathie Gautille, President of the Board of Trustees of the Coppell Independent School District, have set my hand and caused the seal of the Coppell Independent School District to be affixed this _____ day of May 2006. ____________________________________ Kathie Gautille, President ATTEST: _________________________ Bennett Ratliff, Secretary IN WITNESS THEREOF, I, Douglas N. Stover, Mayor of the city of Coppell, have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2006. ____________________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Manager DATE: May 23, 2006 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation congratulating Gregory Kyle Sturch on his appointment to West Point, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Kyle PROCLAMATION WHEREAS, Gregory Kyle Sturch has received an appointment to West Point; and WHEREAS, Kyle has achieved high academic success, and now will combine that with honorable service to his country; and WHEREAS, this high honor recognizes Kyle for his academic achievement, his outstanding character, and his leadership abilities; and WHEREAS, the Coppell community is proud to claim Gregory Kyle Sturch as a citizen, and wishes to recognize his commitment to excellence which has led to this appointment. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby congratulate Gregory Kyle Sturch on his appointment to West Point and wish him continued success in the future. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2006. _____________________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary DEPT: City Manager DATE: May 23, 2006 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming June 9, 2006 as COPPERHEADS APPRECIATION DAY, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: !Copperheads PROCLAMATION WHEREAS, the Texas Collegiate League (TCL) Copperheads Baseball Club successfully won the Tris Speaker Division; and WHEREAS, Coach Jack Giese and General Manager Don English successfully led these young athletes through a season with a 31-17 record setting a TCL record in wins; and WHEREAS, Aaron Brown from the University of Houston was named Freshman Pitcher of the Year; and WHEREAS, the city of Coppell is proud these young men were a part of our community last summer, and wish them much success in the future. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby proclaim June 9, 2006 as "COPPERHEADS APPRECIATION DAY" IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of May 2006. _____________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: May 23, 2006 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: Report by the Park Board. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardreport DATE: May 23, 2006 ITEM #: 16 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: May 23, 2006 ITEM #: 17/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: May 9, 2006. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 02/04 Document Name: %minutes MINUTES OF MAY 9, 2006 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 9, 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 (late arrival) Tim Brancheau, Mayor Pro Tem Jayne Peters, Councilmember (late arrival) Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Pro Tem Brancheau called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. 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, and CB Parkway Business Center et al vs. City of Coppell, et al. 2. Discussion regarding Conflict Disclosure Statement. Mayor Stover and Councilmember Peters arrived prior to the convening of Executive Session. cm050906 Page 1 of 10 Mayor Stover convened into Executive Session at 5:46 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:52 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Gas Well Ordinance. B. Discussion regarding Fence Ordinance. C. Discussion regarding Canvass of Election. D. Discussion regarding Council Retreat. E. Discussion of Agenda Items. Time did not allow for the Work Session to be held prior to the meeting and was convened at the end of the meeting. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson of the Hackberry Creek Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming May 2006 as Asian American Heritage Month, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Dr. Sunhee Hong and other members of the Asian American community. cm050906 Page 2 of 10 Action: Councilmember Hinojosa-Flores moved to approve the proclamation naming May 2006 as Asian American Heritage Month, and authorizing the Mayor to sign. 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. 8. Consider approval of a proclamation naming May 13, 2006 as Project Graduation Day, and authorizing the Mayor to sign. Presentation: Mayor Stover read the proclamation for the record and presented the same to J. J. White. Action: Mayor Pro Tem Brancheau moved to approve the proclamation naming May 13, 2006 as Project Graduation Day, and authorizing the Mayor to sign. 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. 9. Presentation by the Coppell Nature Park. Presentation: Kate Mozynski and Rachel Reagner made a presentation to Council regarding a proposed nature park. 10. Citizens' Appearances. A. Crystal Bates, 226 Samuel #5F, addressed Council regarding registered sex offenders. cm050906 Page 3 of 10 CONSENT AGENDA 11. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 25, 2006. B. Consider approval of a Resolution of the City Council of the city of Coppell, Texas supporting the Regional Transportation Council Tolling Policies and General Tolling Principles for State Highway 121 and future regional and State highways; and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A and B carrying Resolution No. 2006-0509.1. 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. 12. PUBLIC HEARING (Continued): 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: Gary Sieb, Director of Planning, made a presentation to Council and indicated that a ¾ vote would be needed to overturn the denial by the Planning and Zoning Commission. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. cm050906 Page 4 of 10 Action: Councilmember York moved to close the Public Hearing and approve 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); subject to the following: 1) Approval of the provision of the 35 parking spaces along the western property line, subject to the confirmation from TU Electric Delivery Company, allowing for the relocation of the 12 Cedar Elm trees into their easement; and 2) Approval of a minimum of 820 parking spaces. Councilmember Faught 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. PUBLIC HEARING: Consider approval of the JWI Addition, Lots 1R, 2 and 3 Block 1, Replat, to allow the subdivision of one lot into three lots, containing a total of 1.27 acres of property located along the eastside of Coppell Road, approximately 200 feet south of Cooper Lane. Presentation: Gary Sieb, 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. Action: Councilmember Suhy moved to close the Public Hearing and approve the JWI Addition, Lots 1R, 2 and 3 Block 1, Replat, to allow the subdivision cm050906 Page 5 of 10 of one lot into three lots, containing a total of 1.27 acres of property located along the eastside of Coppell Road, approximately 200 feet south of Cooper Lane. 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. 14. Consider approval of the Coppell/121 Office Park, Lot 2R, Block 1, Site Plan Amendment, to increase the lot size by 5,764-square feet and to allow 15 additional parking spaces (11 on-site, 4 off-site) to serve the existing 8,288-square-foot one- story medical office building on 1.29 acres of property located along the north side of S.H. 121, approximately 1,134 feet west of Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Faught moved to approve the Coppell/121 Office Park, Lot 2R, Block 1, Site Plan Amendment, to increase the lot size by 5,764- square feet and to allow 15 additional parking spaces (11 on-site, 4 off- site) to serve the existing 8,288-square-foot one-story medical office building on 1.29 acres of property located along the north side of S.H. 121, approximately 1,134 feet west of Denton Tap Road. 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. 15. PUBLIC HEARING: Consider approval of the Coppell/121 Office Park, Lot 2R, Block 1, Replat and Final Plat, to increase the size of Lot 2R by 5,764-square feet and to allow 15 additional parking spaces (11 on-site, 4 off-site) to serve the existing 8,288-square-foot one-story medical office building on 1.29 acres of property located along the north side of S.H. 121, approximately 1,134 feet west of Denton Tap Road. cm050906 Page 6 of 10 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Coppell/121 Office Park, Lot 2R, Block 1, Replat and Final Plat, to increase the size of Lot 2R by 5,764-square feet and to allow 15 additional parking spaces (11 on-site, 4 off-site) to serve the existing 8,288-square-foot one-story medical office building on 1.29 acres of property located along the north side of S.H. 121, approximately 1,134 feet west of Denton Tap Road, subject to the following conditions: 1) Provide to the Engineering Department executed copies of easements dedicated by separate instrument. 2) Please be advised that any work, including grading, in the TXDOT ROW or easements will require their review, approval and permit. 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. 16. Consider approval of the Gateway Business Park, Lot 3B, Block 2, Site Plan, to allow the construction of an approximate 142,120-square-foot office/warehouse building on 11.62 acres of property located at the northwest corner of Freeport Parkway and Gateway Blvd. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Peters moved to approve the Gateway Business Park, Lot 3B, Block 2, Site Plan, to allow the construction of an approximate 142,120-square-foot office/warehouse building on 11.62 acres of property located at the northwest corner of Freeport Parkway and Gateway Blvd. Mayor Pro Tem Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers cm050906 Page 7 of 10 Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of text amendments to the Coppell Zoning Ordinance to add definitions and regulations for hotels, motels and residence hotels, specifically: amending Sec. 12-42-1, Special Definitions; Sec. 12-30 Special Use Permits to allow a hotel, motel and residence hotel by Special Use Permit in “HC” and. “H” districts; delete these uses by Special Use Permit from the “O”, “R” and “C” districts; amend Sec. 28A-1 to delete these uses as permitted in the “H” district, and further to add Sec. 12-30-18 Hotel, Motel and Residence Hotel to provide development standards for these uses. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember York moved to close the Public Hearing and approve text amendments to the Coppell Zoning Ordinance to add definitions and regulations for hotels, motels and residence hotels, specifically: amending Sec. 12-42-1, Special Definitions; Sec. 12-30 Special Use Permits to allow a hotel, motel and residence hotel by Special Use Permit in “HC” and. “H” districts; delete these uses by Special Use Permit from the “O”, “R” and “C” districts; amend Sec. 28A-1 to delete these uses as permitted in the “H” district, and further to add Sec. 12-30-18 Hotel, Motel and Residence Hotel to provide development standards for these uses. 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. 18. Consider approval of an Ordinance for Case No. PD-199R3-HC, Vista Point II, Lot 2R, Block A, zoning change from PD-199-HC (Planned Development-199-Highway Commercial) to PD-199R3- HC (Planned Development-199 Revision 3-Highway Commercial) to attach a Detail Site Plan to allow the development of three buildings containing a total of approximately 115,525-square feet on 10.046 acres of property cm050906 Page 8 of 10 located along the west side of MacArthur Boulevard, south of S.H. 121, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Peters moved to approve Ordinance No. 91500-A-432 for Case No. PD-199R3-HC, Vista Point II, Lot 2R, Block A, zoning change from PD-199-HC (Planned Development-199-Highway Commercial) to PD-199R3-HC (Planned Development-199 Revision 3-Highway Commercial) to attach a Detail Site Plan to allow the development of three buildings containing a total of approximately 115,525-square feet on 10.046 acres of property located along the west side of MacArthur Boulevard, south of S.H. 121, and authorizing the Mayor to sign. Councilmember Faught 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. 19. Necessary action resulting from Work Session. There was no action necessary under this item. 20. Mayor and Council Reports. A. Report by Mayor Stover regarding Relay for Life results. B. Report by Mayor Stover regarding State of the City address. C. Report by Mayor Stover regarding May 13 Election Day. A. Mayor Stover gave a report on the Relay for Life that was sponsored by the City of Coppell for the American Cancer Society on April 29-30, 2006. He thanked all who participated and donated. B. Mayor Stover detailed information on the State of the City address. The event will take place at the Chamber Luncheon on Wednesday, May 17, 2006, at the First Baptist Church of Coppell. C. The Mayor encouraged everyone to get out and vote this Saturday, May 13, 2006. cm050906 Page 9 of 10 WORK SESSION (Open to the Public) Convene Work Session D. Discussion regarding Gas Well Ordinance. E. Discussion regarding Fence Ordinance. F. Discussion regarding Canvass of Election. G. Discussion regarding Council Retreat. H. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 21. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm050906 Page 10 of 10 DEPT: City Manager DATE: May 23, 2006 ITEM #: 17/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant application between the Coppell Independent School District, the Coppell Education Development Corporation and the city of Coppell in the amount of $200,500.00 and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds are available in the CEDC ½ cent sales tax for this grant. Agenda Request Form - Revised 09/04 Document Name: !CISD _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“AGREEMENT”) is made by and between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CISD has submitted a grant application No. 2006-L02 to provide funding for new and replacement equipment for language labs at Coppell High School and Coppell Middle Schools East, North and West (the PROJECT), to improve student proficiency in a foreign languages; and WHEREAS, the PROJECT will provide instruction for approximately 2,241 middle and high school students in Spanish, French, German and Latin, and 157 ESL student; and WHEREAS, CISD is in need of funding the purchase of new and replacement language lab equipment, and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY’s inhabitants and will promote literacy in the CITY. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CISD an education development grant (the “GRANT”) in the amount of Two Hundred Thousand Five Hundred Dollars and no cents ($200,500.00). _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 2.CISD agrees to utilize the GRANT to purchase new and replacement language lab equipment for Coppell High School and Coppell Middle Schools East, North and West. 3.CITY agrees to provide the GRANT of Two Hundred Thousand Five Hundred Dollars and no cents ($200,500.00) funds payable on a quarterly basis with the first payment to be made in August 2006. 4. On a quarterly basis beginning no later than November 15, 2006 the CISD shall submit a detailed list of expenditures for this GRANT to the CEDC. The detailed list shall include, but not limited to, all invoices. CISD shall also submit no later than sixty (60) days after the close of school year the number of students served and grade levels actually served during the period covered by this GRANT. 5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CISD of any obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of the CISD’s performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2006. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2006. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ ANTONIO ALTEMUS, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 SIGNED this ______ day of ________________, 2006. COPPELL INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. JEFF TURNER, SUPERINTENDENT Coppell Independent School District 200 S. Denton Road Coppell, Texas 75019 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2006, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2006, by Antonio Altemus, President of the Coppell Education Development Corporation, on behalf of said Corporation. Notary Public, State of Texas My Commission expires: COPPELL INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2006, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of said District. ____________________________________ Notary Public, State of Texas My Commission expires: _______________________ DEPT: City Manager DATE: May 23, 2006 ITEM #: 17/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant application between the Coppell Independent School District, the Coppell Education Development Corporation and the city of Coppell in the amount of $126,000.00 and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds are available in the CEDC ½ cent sales tax for this grant. Agenda Request Form - Revised 09/04 Document Name: !Library _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“Agreement”) is made by and between the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CISD has submitted a grant application No. 2006-L01 to provide funding for quality library print collections, audio visual materials, and online periodical databases (the PROJECT), to serve students residing in Coppell at thirteen (13) campuses in the CISD; and WHEREAS, the CISD has developed the PROJECT using the Crew Method of expanded guidelines for collection evaluation and weeding, and increased collaboration among students, teachers, and librarians; and WHEREAS, the PROJECT will allow CISD libraries to impact the literacy level of every student by providing additional and meaningfully selected print resources, audio visual materials, and online periodical databases; and WHEREAS, CISD is in need of funding quality library print collections, audio visual materials, and online periodical databases and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CISD in accordance with this Agreement will further the objectives of the CITY, will benefit the CITY and CITY’S inhabitants and will promote literacy in the CITY. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CISD an education development grant (the “GRANT”) in an amount of One Hundred Twenty-six Thousand Dollars and no cents ($126,000.00). 2.CISD agrees to utilize the GRANT to fund quality library print collections, audio visual materials, and online periodical databases to serve students residing in Coppell at thirteen (13) campuses in the CISD. 3.CITY agrees to provide the GRANT of One Hundred Twenty-six Thousand Dollars and no cents ($126,000.00) subject to availability of funds payable on a quarterly basis with the first payment to be made on or before August 15, 2006. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than November 15, 2006 the CISD shall submit a detailed list of expenditures for this GRANT to the CEDC. The detailed list of expenditures shall include all purchase orders and other financial documents, which address the GRANT expenditures by category as approved by the CEDC, and reflected in Item 3 of this AGREEMENT. CISD shall also provide documentation related to the number of students served, grade level served, as well as any other information that reflects the success of the Library Print Collection Program. 5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CISD of any obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2006. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2006. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ Antonio Altemus, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 ATTEST: By: ______________________________________ SIGNED this ______ day of ________________, 2006. COPPELL INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. JEFF TURNER, SUPERINTENDENT Coppell Independent School District 200 S. Denton Road Coppell, Texas 75019 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2006, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2006, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: COPPELL INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2006, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of said district. Notary Public, State of Texas My Commission expires: DEPT: Engineering DATE: May 23, 2006 ITEM #: 17/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution authorizing the use of Community Development Block Grant funds from FY 2006 in the amount of $59,284 for the installation of Americans with Disabilities Act compliant automatic doors at the Coppell Aquatic and Recreation Center and the William T. Cozby Public Library, and for the completion of the FY 2005 funded project - Samuel Boulevard Curb Ramps (SW 05-01), and authorizing the City Manager to execute the necessary documents for such funds; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this agenda item will allow the city to submit an official application to Dallas County to request approval to utilize its allocated FY 2006 Community Development Block Grant (CDBG) funding for the installation of automatic doors at the Coppell Aquatic and Recreation Center and the William T. Cozby Public Library, and for the completion of the FY 2005 funded project - Samuel Boulevard Curb Ramps (SW 05-01). Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: #CDBG MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:May 23, 2006 REF:Consider approval of a resolution authorizing the use of Community Development Block Grant funds from FY 2006 in the amount of $59,284 for the installation of Americans with Disabilities Act compliant automatic doors at the Coppell Aquatic and Recreation Center and the William T. Cozby Public Library, and for the completion of the FY 2005 funded project - Samuel Boulevard Curb Ramps (SW 05-01), and authorizing the City Manager to execute the necessary documents for such funds; and authorizing the Mayor to sign. The City of Coppell is eligible to receive $59,824 in FY 2006 CDBG funding from Dallas County on October 1, 2006. The city is interested in utilizing the new FY 2006 funding and is completing the requirements of the allocation process. The public meeting for citizen input on possible projects for CDBG FY 2006 funding was held on April 25, 2006. Following the meeting, it was decided that the installation of automatic doors at the Coppell Aquatic and Recreation Center (CARC) and the William T. Cozby Public Library would be an appropriate project. The remaining funds from FY 2006 would be used towards the completion of the FY 2005 funded project - Samuel Boulevard Curb Ramps. The existing swing, double-doors at the front, front vestibule, back and back vestibule entries to CARC meet the American with Disabilities Act (ADA) standards for door opening force required to push or pull a door open. However, most of the activities at the center require the individual to have their own exercise and/or swimming equipment. Opening these doors while carrying equipment can be difficult for someone with a disability. Many of these individuals are seniors and persons in rehabilitation and an automatic door would better meet their needs. There is a pair of single-doors at the front entry and a pair of single doors at the vestibule entry to the library. One of the single-doors at each of the entries is an ADA compliant, push-button, automatic swing door. The other single-doors are swing doors that also meet ADA standards. The automatic doors swing in one direction and have numerous maintenance problems due to children playing with the buttons and the wind catching the front entry door when it is in the process of swinging shut. It is no longer economical to maintain the automatic doors at each of the entries and they need to be replaced with another type of automatic door system. The existing double-doors at the front, front vestibule, back and back vestibule entries to CARC will be removed and replaced with a biparting automatic sliding door system. The pair of single-doors at the front entry and the pair of single-doors at the vestibule entry to the library will be removed and replaced with a biparting automatic sliding door system. All of the door systems at both facilities will have two-way motion sensors, dual safety beams, and threshold presence sensors. Providing ADA compliant, automatic doors at CARC and the library will benefit the entire city. The estimated cost for the development of the bid specifications, removal of the existing doors, and the installation of biparting automatic sliding door systems at the CARC and library is $53,668.00. This leaves $5,616.00 remaining in FY 2006 funding that we will request to be added to the FY 2005 funds for the completion of the Samuel Boulevard Curb Ramps project. The estimated cost for the design survey and construction of the Samuel Boulevard Curb Ramps project was $72,205.00. The city has FY 2005 funds in the amount of $72,379.68. Increased surveying costs, and the Texas Department of Licensing and Regulation requirements have increased the estimated cost of the project to $77,165.00. The Project/Activity Application for each project along with a resolution authorizing the submission of the proposed projects must be submitted to Dallas County by May 26, 2006. Staff recommends approval of the resolution authorizing the use of FY 2006 Community Development Block Grant funds for the installation of Americans with Disabilities Act compliant automatic doors at the Coppell Aquatic and Recreation Center and the William T. Cozby Public Library and for the completion of the FY 2005 funded project - Samuel Boulevard Curb Ramps (SW 05-01). Staff will be available to answer any questions. 1 INCH = FT. 0 50 50 25 Proposed Door Replacement Coppell Aquatic & Recreation Ctr. City of Coppell Project MA06-01 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CARC Exhibit Created on: 12 May 2006 by Scott Latta PROPOSED EXISTING 1 INCH = FT. 0 50 50 25 Proposed Door Replacement William T. Cozby Public Library City of Coppell Project MA06-01 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\Cozby Exhibit Created on: 12 May 2006 by Scott Latta EXISTING PROPOSED RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM CURRENT FISCAL YEAR 2006 IN THE AMOUNT OF $59,284 AND THE INSTALLATION OF AMERICANS WITH DISABILITIES ACT COMPLIANT AUTOMATIC DOORS AT THE COPPELL AQUATIC AND RECREATION CENTER AND THE WILLIAM T. COZBY PUBLIC LIBRARY, AND FOR THE COMPLETION OF THE FISCAL YEAR 2005 PROJECT - SAMUEL BOULEVARD CURB RAMPS (SW 05-01), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SUCH FUNDS. WHEREAS, the existing double-doors at the front, front vestibule, back, and back vestibule entries to the Coppell Aquatic and Recreation Center (CARC) meet the Americans with Disabilities Act (ADA) standards for door opening force required to push or pull open a door; and WHEREAS, an automatic door system at the front, front vestibule, back and back vestibule entries would better meet the needs of the individuals with disabilities that utilize the CARC; and WHEREAS, one of the pair of existing single-doors at the front entry and one of the pair of existing single-doors at the vestibule entry to the William T. Cozby Library is an ADA compliant, push-button, automatic swing door; and WHEREAS, the automatic single-doors at the front and vestibule entry require constant maintenance, and need to be replaced with another type of automatic door system; and WHEREAS, the installation of ADA compliant, biparting automatic sliding door systems at the Coppell Aquatic and Recreation Center, and the William T. Cozby Public Library has been approved as an appropriate project for the use of Community Development Block Grant (CDBG) funds; and WHEREAS, the FY 2005 funded project - Samuel Boulevard Curb Ramps requires additional funding for completion; and WHEREAS, the city has available CDBG funds totaling $59,284 from Fiscal Year 2006 by Dallas County; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Hereby requests that Dallas County use all of the aforesaid available funds from Fiscal Year 2006 funding installation of Americans with Disabilities Act compliant biparting automatic sliding door systems at the Coppell Aquatic and Recreation Center and the William T. Cozby Public Library and for the completion of the FY 2005 funded project - Samuel Boulevard Curb Ramps (SW 05-01), and the City Manager is further authorized to execute the necessary documents to acquire such funds as may be required. 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: _____________________________________ CITY ATTORNEY DEPT: Finance DATE: May 23, 2006 ITEM #: 17/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution suspending the proposal by Atmos Energy Corporation to implement interim GRIP rate adjustments, providing for notice hereof to said company, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Staff recommends suspension of the proposal to implement this annual rate increase (GRIP surcharges), and to participate jointly with the other affected cities to retain consultants for an independent analysis of the Atmos Energy’s request. Based on our gas rate attorney’s recommendation, suspension of the proposed rate increases or surcharges is more prudent and effective than denying, as recommended by Atmos. FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: $AtmosGripRate-1AR(Consent) 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com PRIVILEGED and CONFIDENTIAL LAWYER-CLIENT COMMUNICATION MEMORANDUM TO: Cities Served by Atmos Energy Corp., Mid-Tex Division FROM: Geoffrey Gay Kristen Doyle Georgia Crump DATE: March 31, 2006 RE: Atmos 2005 GRIP filing Atmos began serving its 2005 investment year GRIP filing on the Atmos Energy Mid- Tex cities yesterday. The application states that the residential surcharge will be $.51 per month. This is significantly higher than the previous two GRIP surcharges for residential customers of $.29 per month. If no action is taken on the filing, the surcharge will become effective on May 30, 2006. The Gas Standing Steering Committee will soon initiate the process of reviewing the filing and analyzing the effect that the pending rate investigation has upon the ability of Atmos to seek a GRIP surcharge. You will be informed of Committee findings, conclusions, and recommendations, and you will be provided with draft resolutions or ordinances reflecting those recommendations. At this time, we recommend that you adopt a resolution suspending the effective date of the 2005 GRIP filing for an additional 45 days. A model resolution is attached for your use, as well as a model staff report. Although you have until May 30th to take action on the filing, you may schedule the suspension resolution for adoption by your governing body at any time prior to May 30th. By adoption of the resolution, you will have until July 13, 2006, to take final action on the filing. Please contact Geoffrey, Kristen or Georgia if you have any questions or require additional information. J:\Agenda Requests\2006\10May 23, 2006\$Atmosgriprate-2memo.Doc MODEL STAFF REPORT ON ATMOS MID-TEX GRIP SUSPENSION RESOLUTION Purpose of the Resolution: The law mandates that a Gas Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty (60) days following the filing. The effective date may be suspended by a city for 45 days. If the City does not take action to suspend the filing, the Company may begin implementing a monthly surcharge ($0.51 on all residential customers, $1.75 for commercial customers, and $$78.47 for industrial customers) on or after May 30, 2006. The resolution suspends the effective date to the maximum extent permitted by law to allow the cities time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine whether the surcharge is reasonable. This is particularly important given that the Gas Standing Steering Committee initiated an investigation of the current rates charged by Atmos Mid-Tex and concluded that Atmos already collects sufficient revenues to earn its allowed return without the necessity for a surcharge to recover incremental investment. What is GRIP: GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in the public interest. Atmos persuaded the legislature in 2003 to make an exception to the prohibition against piecemeal ratemaking to encourage increased investment in transmission and distribution pipe by allowing prompt recovery of investment, despite the possibility that increased revenues and declining expenses could more than offset increased investment. Unfortunately, utilities have used the GRIP filings to include other costs unrelated to infrastructure improvements. GRIP surcharges are only allowed until the next general rate case. NOTE: IT IS CRITICAL THAT ALL CITIES PASS THE RESOLUTION TO SUSPEND BEFORE MAY 30, 2006. Explanation of “Be It Resolved” Paragraphs: 1. A city is authorized to suspend the effective date for 45 days. However, since the Company controls and can extend its effective date during settlement discussions to increase a city’s jurisdiction and the period of time necessary to reach settlement, the resolution refers to suspension “for the maximum period allowed by law” rather than a specific date. 2. This paragraph authorizes participation with the Gas Standing Steering Committee and coordinated control over legal counsel and consultants. Along with paragraph 3, this paragraph avoids the necessity of returning to the City Council with another resolution to authorize efforts related to an appeal of the Council’s ultimate decision on the Atmos application. 3. This paragraph authorizes the intervention of the city, assuming such is recommended by the Gas Standing Steering Committee, in an environs case or an appeal pending at the Railroad Commission. It further authorizes the handling of appeals from Railroad Commission decisions to the courts in Austin, if the Gas Standing Steering Committee believes that effort is desirable. 4. Texas law requires utility companies to reimburse cities for all costs (legal and consulting) associated with ratemaking, whether the case is initiated by the utility or a regulatory authority. Implementation of a tariff that imposes a surcharge is ratemaking, entitling the participating cities to reimbursement. Legal counsel and consultants approved by the Steering Committee will submit monthly invoices to the City of Arlington which will then forward the invoices to Atmos for reimbursement. 5. This paragraph directs that a copy of the signed resolution be sent to a representative of the Company and legal counsel for the Gas Standing Steering Committee. RESOLUTION NO. _ __ A RESOLUTION BY THE CITY OF COPPELL, TEXAS SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division, (“Atmos Mid-Tex” or “the Company”) and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas (“Railroad Commission”) on or about March 30, 2006, proposing to implement interim rate adjustments (“GRIP rate increases”), pursuant to Texas Utilities Code § 104.301, on all customers served by Atmos Mid-Tex, effective May 30, 2006; and WHEREAS, a recent rate investigation conducted by consultants for the Gas Standing Steering Committee has indicated that Atmos Mid-Tex is already collecting sufficient revenues to earn its allowed return and does not require a GRIP surcharge; and WHEREAS, the sufficiency of the filing by Atmos Mid-Tex and its compliance with statutory mandates is in question and needs to be determined; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases; and 1668\15\ord060331kpd Suspending GRIP 1 WHEREAS, the City and its residents could benefit from coordination with the Gas Standing Steering Committee in a review of the reasonableness of the proposed GRIP rate increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP rate increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: 1. The May 30, 2006, effective date of the GRIP rate increases proposed by Atmos Mid-Tex is hereby suspended for the maximum period allowed by law to permit adequate time to investigate the sufficiency of the GRIP Rate Increase filing, review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. 2. The City is authorized to cooperate with the Gas Standing Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP rate increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP rate increases. 3. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP rate increases. 4. Atmos Mid-Tex shall promptly reimburse the City’s reasonable costs associated with the City’s activities related to the proposed GRIP rate increases. 5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to 1668\15\ord060331kpd Suspending GRIP 2 1668\15\ord060331kpd Suspending GRIP 3 Geoffrey Gay, legal counsel to the Gas Standing Steering Committee, at Lloyd Gosselink, 816 Congress Avenue, Suite 1900, Austin, Texas 78701. Signed this ____ day of May, 2006. ____________________________________ Douglas N. Stover, Mayor ATTEST: __________________________ Libby Ball, City Secretary APPROVED AS TO FORM: __________________________ City Attorney DEPT: City Secretary DATE: May 23, 2006 ITEM #: 18 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution Canvassing Election Returns for the May 13, 2006 Bond Election; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Agenda Request Form - Revised 09/04 Document Name: %canvassbond CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS : COUNTIES OF DALLAS AND DENTON : CITY OF COPPELL : We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 23rd DAY OF MAY, 2006, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Douglas N. Stover, Mayor Timothy B. Brancheau, Mayor Pro Tem Billy Faught Brianna Hinojosa-Flores Marvin Franklin Jayne Peters Marsha Tunnell Bill York Libby Ball, City Secretary and all of said persons were present, except the following absentees: None, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION CANVASSING ELECTION RETURNS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 23rd day of May, 2006. City Secretary Mayor (CITY SEAL) RESOLUTION CANVASSING ELECTION RETURNS THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS, the City Council of said City ordered an election to be held in said City on May 13, 2006, on the PROPOSITION hereinafter stated; and WHEREAS, said City Council has investigated all matters pertaining to said election, including the ordering, giving notice, officers, holding and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to said City Council. WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. That the City Council officially finds and determines that said election was duly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with law and the Resolution calling said election. 2. That the City Council officially finds and determines that the following votes were cast at said election, on the submitted PROPOSITION by the resident, qualified electors of said City, who voted at the election: PROPOSITION 2,375 FOR ) THE ISSUANCE OF UP TO $23,000,000.00 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 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 420 AGAINST ) 3. That the City Council officially finds, determines and declares the result of said election to be that PROPOSITION so submitted has received a favorable majority vote in all respects and has carried. 4. That the aforesaid bonds may be issued, as voted and as provided by law. -------------------------- ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, this 23rd day of May, 2006. APPROVED: _________________________________ Douglas N. Stover, Mayor APPROVED AS TO FORM: ATTEST: ______________________________ __________________________________ Robert E. Hager, City Attorney Libby Ball, City Secretary APPROVED: _____________________________ City Attorney DEPT: Engineering DATE: May 23, 2006 ITEM #: 19 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid/Contract # Q-0306-01 to Roadway Solutions, Inc., for the installation of Traffic Signals at A) Belt Line Road and MacArthur Boulevard and B) MacArthur Boulevard and Bethel School Road, in an amount of $298,042 as provided for in Infrastructure Maintenance (IMF) funds and in Capital Improvement Project (CIP) funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this project will allow the replacement of the existing traffic signal at the intersection of Belt Line Rd and MacArthur Blvd. at a cost of $158,242 as provided for in IMF funds; and the installation of a new traffic signal at the intersection of MacArthur Blvd. and Bethel School Rd., at a cost of $139,800 as provided for in CIP. Staff recommends award of the contract to the low bidder, Roadway Solutions, Inc., in a combined amount of $298,042 and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are available in the Infrastructure Maintenance Fund and CIP Funds for this project. Agenda Request Form - Revised 09/04 Document Name: #Traffic Signal Installation MEMORANDUM TO:Mayor and City Council FROM:Keith R. Marvin, P.E., Asst. City Engineer DATE:May 23, 2006 REF:Consider approval of awarding Bid/Contract # Q-0306-01 to Roadway Solutions, Inc., for the installation of Traffic Signals at A) Belt Line Road and MacArthur Boulevard and B) MacArthur Boulevard and Bethel School Road, in an amount of $298,042 as provided for in Infrastructure Maintenance (IMF) funds and in Capital Improvement Project (CIP) funds; and authorizing the City Manager to sign. On May 2, 2006 the City of Coppell received and opened two bids for the installation of traffic signals at the intersections of Belt Line Road at MacArthur Boulevard and MacArthur Boulevard at Bethel School Road. Letters were sent to eight contractors inviting them to bid and four sets of plans were picked up. Two bids were received with a low bid of $298,042.00. This project consists of the replacement of the existing signal at Belt Line Road and MacArthur Boulevard and installation of a new signal at the intersection of MacArthur Boulevard and Bethel School Road. See the attached exhibit for additional information on the location of the project. The signal at the intersection of Belt Line Road and MacArthur Boulevard has reached the end of its design life cycle. This signal was identified for replacement in the City of Coppell Infrastructure Maintenance Fund schedule. Both electricity and maintenance costs associated with this signal are higher than any other signal within the City of Coppell. Some of the improvements slated for this intersection include replacing the incandescent bulbs with more efficient LED lights, removing the troublesome loop detectors and installing a video based detection system, removing the left turn signals from the median noses, and placing them on a new, longer mast arm. Additional enhancements also include installation of illuminated street signs. The intersection of MacArthur Boulevard at Bethel School Road is in need of a traffic signal. The Engineering Department conducted a traffic study and determined that the warrants as set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) were met for the installation of a signal at this intersection. With the recent construction of Bethel School Court and the townhomes along it, the traffic at this intersection has increased. This signal will also use LED lamps and have video detection. This signal will not be fitted with illuminated street signs. The illuminated signs were intended to be used at intersections of two major roadways. This signal installation will be paid for through CIP funds. The low bidder on the project was Roadway Solutions, Inc., of Carrollton, Texas, with a bid amount of $298,042.00. This bid was for the installation of the signals at both intersections. The low bidder bid 275 calendar days to complete the project. The second bidder bid 112 calendar days to complete the project. I spoke with the low bidder concerning the large difference in days bid and he indicated that he was concerned that we would not authorize him to proceed with both signals at the same time, so he bid his time so he could complete them consecutively rather than concurrently. He has supplied me a letter (attached herewith) indicating that if awarded the two projects and allowed to work concurrently he would complete the job in 188 days. The Engineering Department designed this project in-house, and our estimate of cost was $317,265.25 for the installation. We anticipated completion would take approximately 120 calendar days. Staff recommends award of the contract for the installation of traffic signals at A) Belt Line Road and MacArthur Boulevard and B) MacArthur Boulevard and Bethel School to Roadway Solutions, Inc., in an amount of $298,042.00, with an estimated completion time of 188 calendar days. Staff will be available to answer any questions at the Council Meeting. BID TABULATION: TRAFFIC SIGNAL INSTALLATION PROJECT # TR 03-01(A) BELT LINE @ MACARTHUR(B) MACARTHUR @ BETHEL SCHOOLPage 1 of 4Item Quantity Unit DescriptionEngineersROADWAY SOLUTIONS, INC. REPUBLIC ELECTRICEstimateUnit Price Total Price Unit Price Total Price1-A 1 LS Mobilization//Demobilization12,500.003,999.35 3,999.3510,000.00 10,000.002-A 1 EA Installation of Highway Traffic Signals20,000.0023,000.00 23,000.0016,000.00 16,000.003-A 0 EA Traffic Signal Pole w/20 foot Mast Arm0N/A N/AN/A N/A4-A 0 EA Traffic Signal Pole w/28 foot Mast Arm0N/A N/AN/A N/A5-A 0 EA Traffic Signal Pole w/32 foot Mast Arm0N/A N/AN/A N/A6-A 1 EA Traffic Signal Pole w/36 foot Mast Arm5,400.005,300.00 5,300.007,000.00 7,000.007-A 2 EA Traffic Signal Pole w/40 foot Mast Arm11,600.005,600.00 11,200.007,500.00 15,000.008-A 1 EA Traffic Signal Pole w/48 foot Mast Arm6,600.006,200.00 6,200.008,500.00 8,500.009-A 11 EA 3-Section Signal Head w/Backplate11,000.00800.00 8,800.00750.00 8,250.0010-A 5 EA 5-Section Signal Head w/Backplate7,500.001,250.00 6,250.001,000.00 5,000.0011-A 8 EA Pedestrian Signal Section4,800.00500.00 4,000.00500.00 4,000.0012-A 50 LF 2" PVC Conduit300.005.00 250.0015.00 750.0013-A 55 LF 3" PVC Conduit385.006.00 330.0020.00 1,100.0014-A 470 LF 4" PVC Conduit3,760.0022.00 10,340.0030.00 14,100.0015-A 6 EA Install Ground Box Type A4,200.00550.00 3,300.00500.00 3,000.0016-A 2 EA Install Ground Box Type C2,000.00575.00 1,150.00600.00 1,200.0017-A 1 EA Traffic Signal Controller Foundation1,250.001,400.00 1,400.002,500.00 2,500.0018-A 68 LF 3 Conductor #6 Gauge Wire136.00.60 40.804.00 272.0019-A 8 LF 1 Conductor #6 Gauge Bare Wire12.00.70 5.605.00 40.0020-A 560 LF 1 Conductor #8 Gauge Wire560.00.65 364.001.00 560.0021-A 1064 LF 16 Conductor #12 Gauge Wire3,458.003.00 3,192.006.00 6,384.00 BID TABULATION: TRAFFIC SIGNAL INSTALLATION PROJECT # TR 03-01(A) BELT LINE @ MACARTHUR(B) MACARTHUR @ BETHEL SCHOOLPage 2 of 4Item Quantity Unit DescriptionEngineersROADWAY SOLUTIONS, INC. REPUBLIC ELECTRICEstimateUnit Price Total Price Unit Price Total Price22-A 1143 LF 3 Conductor #14 Gauge Wire1,714.501.25 1,428.751.50 1,714.5023-A 397 LF 5 conductor #14 Gauge Wire694.751.40 555.802.00 794.0024-A 321 LF 7 Conductor #14 Gauge Wire642.001.70 545.702.50 802.5025-A 863 LF Opticom Cable1,294.501.50 1,294.501.50 1,294.5026-A 954 LF VIVDS Coaxial Cable3,100.502.25 2,146.502.50 2,385.0027-A 1 EA Power Serv & Pedestal Equipment3,500.005,000.00 5,000.001,500.00 1,500.0028-A 8 EA Pedestrian Push Button and Sign Assembly1,000.00100.00 800.00175.00 1,400.0029-A 1 EA Spread Spectrum Radio System2,500.002,700.00 2,700.003,000.00 3,000.0030-A 1 EA Yagi Spread Spectrum Radio Antenna /Mnt500.00550.00 550.00300.00 300.0031-A 63 LF SSR Coaxial Cable315.003.00 189.003.00 189.0032-A 4 EA Traffic Signal Pole Foundation10,000.003,250.00 13,000.003,500.00 14,000.0033-A 1 EA VIVDS12,000.0013,750.00 13,750.0015,000.00 15,000.0034-A 1 EA Opticom Detector Phase Selector4,500.003,400.00 3,400.003,000.00 3,000.0035-A 4 EA Uni-Directional Opticom Detector3,200.00700.00 2,800.00750.00 3,000.0036-A 1 EA UPS System12,000.006,500.00 6,500.006,000.00 6,000.0037-A 4 EA Traffic Signal Confirmation Lights800.00165.00 660.00200.00 800.0038-A 4 EA Furnish & Install Illuminated Street Signs10,000.002,700.00 10,800.002,000.00 8,000.0039-A 0 LS Furnish & Install Standard Street Signs0N/A N/AN/A/ N/A40-A 0 LS Furnish & Install Pavement Markings0N/A N/AN/A/ N/A41-A 1 LS Remove Existing Traffic Signal10,000.003,000.00 3,000.005,000.00 5,000.00Calendar Days 188 98TOTALS for Section A $173,222.25$158,242.00 $171,835.50 BID TABULATION: TRAFFIC SIGNAL INSTALLATION PROJECT # TR 03-01(A) BELT LINE @ MACARTHUR(B) MACARTHUR @ BETHEL SCHOOLPage 3 of 4Item Quantity Unit DescriptionEngineersROADWAY SOLUTIONS, INC. REPUBLIC ELECTRICEstimateUnit Price Total Price Unit Price Total Price1-B 1 LS Mobilization//Demobilization12,500.003,582.75 3,582.7510,000.00 10,000.002-B 1 EA Installation of Highway Traffic Signals20,000.0023,000.00 23,000.0016,000.00 16,000.003-B 1 EA Traffic Signal Pole w/20 foot Mast Arm4,200.003,600.00 3,600.005,000.00 5,000.004-B 1 EA Traffic Signal Pole w/28 foot Mast Arm4,600.004,500.00 4,500.006,000.00 6,000.005-B 1 EA Traffic Signal Pole w/32 foot Mast Arm5,000.004,600.00 4,600.006,500.00 6,500.006-B 0 EA Traffic Signal Pole w/36 foot Mast Arm0N/A N/AN/A N/A7-B 1 EA Traffic Signal Pole w/40 foot Mast Arm5,800.005,600.00 5,600.007,500.00 7,500.008-B 0 EA Traffic Signal Pole w/48 foot Mast Arm0N/A N/AN/A N/A9-B 6 EA 3-Section Signal Head w/Backplate6,000.00800.00 4,800.00750.00 4,500.0010-B 4 EA 5-Section Signal Head w/Backplate6,000.001,250.00 5,000.001,000.00 4,000.0011-B 8 EA Pedestrian Signal Section4,800.00500.00 4,000.00500.00 4,000.0012-B 50 LF 2" PVC Conduit300.005.00 250.0015.00 750.0013-B 100 LF 3" PVC Conduit700.006.00 600.0020.00 2,000.0014-B 260 LF 4" PVC Conduit2,080.0022.00 5,720.0030.00 7,800.0015-B 4 EA Install Ground Box Type A2,800.00550.00 2,200.00500.00 2,000.0016-B 1 EA Install Ground Box Type C1,000.00575.00 575.00600.00 600.0017-B 1 EA Traffic Signal Controller Foundation1,250.001,400.00 1,400.002,500.00 2,500.0018-B 103 LF 3 Conductor #6 Gauge Wire206.00.60 61.804.00 412.0019-B 103 LF 1 Conductor #6 Gauge Bare Wire154.50.70 72.105.00 515.0020-B 454 LF 1 Conductor #8 Gauge Wire454.00.65 295.101.00 454.0021-B 564 LF 16 Conductor #12 Gauge Wire1,833.003.00 1,692.006.00 3,384.00 BID TABULATION: TRAFFIC SIGNAL INSTALLATION PROJECT # TR 03-01(A) BELT LINE @ MACARTHUR(B) MACARTHUR @ BETHEL SCHOOLPage 4 of 4Item Quantity Unit DescriptionEngineersROADWAY SOLUTIONS, INC. REPUBLIC ELECTRICEstimateUnit Price Total Price Unit Price Total Price22-B 964 LF 3 Conductor #14 Gauge Wire1,446.001.25 1,205.001.50 1,446.0023-B 275 LF 5 conductor #14 Gauge Wire481.251.40 385.002.00 550.0024-B 220 LF 7 Conductor #14 Gauge Wire440.001.70 374.002.50 550.0025-B 684 LF Opticom Cable1,026.001.50 1,026.001.50 1,026.0026-B 785 LF VIVDS Coaxial Cable2,551.252.25 1,766.252.50 1,962.5027-B 1 EA Power Serv & Pedestal Equipment3,500.005,000.00 5,000.001,500.00 1,500.0028-B 8 EA Pedestrian Push Button and Sign Assembly1,000.00110.00 880.00175.00 1,400.0029-B 1 EA Spread Spectrum Radio System2,500.002,700.00 2,700.003,000.00 3,000.0030-B 1 EA Yagi Spread Spectrum Radio Antenna /Mnt500.00550.00 550.00300.00 300.0031-B 85 LF SSR Coaxial Cable425.003.00 255.003.00 255.0032-B 4 EA Traffic Signal Pole Foundation10,000.003,250.00 13,000.003,000.00 12,000.0033-B 1 EA VIVDS12,000.0013,750.00 13,750.0015,000.00 15,000.0034-B 1 EA Opticom Detector Phase Selector4,500.003,400.00 3,400.003,000.00 3,000.0035-B 4 EA Uni-Directional Opticom Detector3,200.00700.00 2,800.00750.00 3,000.0036-B 1 EA UPS System12,000.006,500.00 6,500.006,000.00 6,000.0037-B 4 EA Traffic Signal Confirmation Lights800.00165.00 660.00200.00 800.0038-B 0 EA Furnish & Install Illuminated Street Signs0N/A N/AN/A N/A39-B 1 LS Furnish & Install Standard Street Signs4,000.006,000.00 6,000.002,500.00 2,500.0040-B 1 LS Furnish & Install Pavement Markings4,000.008,000.00 8,000.005,000.00 5,000.0041-B 0 LS Remove Existing Traffic Signal0N/A N/AN/A N/ACalendar Days 187 98TOTALS for Section B $144,047.00$139,800.00 $143,204.50Calendar Days 275 112TOTALS for Sections A & B $317,268.25$298,042.00 $315,040.00 DEPT: Park & Recreation DATE: May 23,2006 ITEM #: 20 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding bid No. Q-0306-02, for the installation of the Wagon Wheel Park South Parking Lot, to JRJ Paving LP, in the amount of $371,200.00, and authorizing the President of the CRDC and the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: The completion of the parking lot on the south end of Wagon Wheel has been a priority of the Park Board and CRDC for a couple of years. Since the completion of the practice areas, the focus on finishing this parking area has become increasingly important. The new parking area will add 98 spaces to an existing total on the South end of 620. This will make a new total of 718 space, which will increase parking at the area of the practice areas and the Tennis Center. Additional benefits of this parking lot will be the addition of a drive to connect Creekview Drive and the Tennis Center to the main parking area and better connect the Tennis Center to the park. FINANCIAL COMMENTS: Funds are available in the CRDC ½ cent sales tax for this project. Agenda Request Form - Revised 09/04 Document Name: ^Wagon Wheel Park South Parking Lot PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: May 23, 2006 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of awarding bid No. Q-0306-02, for the installation of the Wagon Wheel Park South Parking Lot, to JRJ Paving LP, in the amount of $371,200.00, and authorizing the President of the CRDC and the City Manager to sign. Background: The completion of the parking lot on the south end of Wagon Wheel has been a priority of the Park Board and CRDC for a couple of years. Since the completion of the practice areas, the focus on finishing this parking area has become increasingly important. The new parking area will add 98 spaces to an existing total on the South end of 620. This will make a new total of 718 space, which will increase parking at the area of the practice areas and the Tennis Center. Additional benefits of this parking lot will be the addition of a drive to connect Creekview Drive and the Tennis Center to the main parking area and better connect the Tennis Center to the park. Advertisement for bid No. Q-0306-02 for this project closed on March 28, at which time seven (7) bids were opened. However, Allied Builders failed to complete the bid affidavit. Therefore, their bid is incomplete and has been rejected by our Purchasing Division. The remaining six bids were reviewed for award. JRJ Paving submitted the lowest, responsible bid at a total price of $371,200.00, and is recommended for award. This project includes paving for 98 spaces and park drive, sidewalk extensions, parking lot lighting, irrigation, landscape plantings, and storm water drainage system. The CRDC considered and recommended award of this bid to JRJ Paving at their regularly scheduled May 1, 2006 meeting. City Council Action requested: Award of Bid No. Q-0306-02 to JRJ Paving in the amount of $371,200.00, and authorizing the President of the CRDC and the City Manager to sign. Staff Recommendation: Approval of this item. Allied BuildersJRJ PavingNorthStar Construction, Inc.McMahon ContractingJeske ConstructionQuality Excavation Ltd.AUI ContractorsBase Bid $327,300.00$371,200.00 $393,700.00 $395,944.30 $397,394.00 $404,800.00 $489,300.00Wagon Wheel Park Parking Lot and DriveBid Q-0306-02Bid TabulationMarch 28, 2006- 10:00 a.m. April 27, 2006 To: Brad Reid Director of Parks and Recreation From: Jerod Anderson Purchasing Agent Re: Bid Q-0306-02 Wagon Wheel Park Parking Lot Expansion On March 28, 2006 the City of Coppell accepted bids for bid Q-0306-02 Wagon Wheel Park Parking Lot Expansion. Seven bids were received. However, Allied Builders failed to complete the bid affidavit. Therefore, their bid is incomplete and is rejected. The remaining six bids will be reviewed for award. If you have any questions or concerns please contact me. DATE: May 23, 2006 ITEM #: 21 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: May 23, 2006 ITEM #: 22 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmember Faught. C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmember 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 - L. North Texas Commission - Councilmember Peters. M. Senior Adult Services - Councilmember Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: May 23, 2006 ITEM #: 23 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: May 23, 2006 Department Submissions: Item No. 20 was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 17/D and 19 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 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)