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CP 2007-01-23 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 23, 2007 DOUG STOVER, BILLY FAUGHT, Place 5 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6 BRIANNA HINOJOSA-FLORES, Place 3 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, January 23, 2007, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag012307 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3,; 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; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the 2005-06 CAFR. B. Discussion regarding joint meeting with Park Board on March 5th. C. Discussion regarding future Special Events. D. Discussion regarding Citizen Summit. E. 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. Report by Coppell Economic Development Committee. ag012307 Page 2 of 5 ITEM # ITEM DESCRIPTION 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 9, 2007. B. Consider approval canceling the March 13, 2007 City Council Meeting. C. Consider approval of an Interlocal Agreement between the City of Coppell and the North Central Texas Council of Governments for the cooperative purchasing for actuarial shared services, and authorizing the City Manager to sign it and all appropriate documents. D. Consider approval of awarding Bid # Q 1106-03 for the annual Sidewalk Pavement Repair Project to Estrada Concrete in an amount of $100,000, as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. E. Consider approval of awarding Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Goteck Enterprises in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. F. Consider approval of an Interlocal Cooperation Agreement with Denton County to provide ambulance service to portions of the city within Denton County and reimbursement of costs associated with those calls; and authorizing the Mayor to sign. END OF CONSENT 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred fifty (150') feet to Ole's Tex-Mex Restaurant from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 106; and authorizing the Mayor to sign. ag012307 Page 3 of 5 ITEM # ITEM DESCRIPTION 11. Consider approval of a Resolution endorsing the U. S. Mayors Climate Protection Agreement as amended by the 73rd annual U. S. Conference of Mayors meeting and urging mayors from around the nation to join this effort, and authorizing the Mayor to sign. 12. Consider approval of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2006. 13. Consider approval of awarding bid No. Q-1106-02, for the construction of Coppell Town Center Plaza, to Northstar Construction, Inc., in the amount of $2,491,700, and authorizing the City Manager to sign the resulting contract. 14. City Manager's Report. A. Update on Council Goals. 15. Mayor and Council Reports. A. Report by Mayor Stover regarding Governor’s Inauguration. 16. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Mayor Pro Tem Faught and Councilmember York. C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Councilmembers Peters and Franklin. 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 – Councilmember York. J. North Texas Council of Governments - Councilmember Peters. K. NTCOG/Regional Emergency Management - Councilmember Franklin. L. North Texas Commission - Councilmember Brancheau. M. Senior Adult Services – Mayor Pro Tem Faught. 17. Necessary action resulting from Work Session. 18. Necessary Action Resulting from Executive Session. ag012307 Page 4 of 5 Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 19th day of January, 2007, 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). ag012307 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2007 Economic Development • Promote highest and best use of Lesley tract • Continue to explore large tract development options • Continue “hot spot” focus • Refine “Old Coppell” vision • Assess use/sale/acquisition of City property • Develop strategy to attract and retain high value office/retail/development Quality Public Facilities & Infrastructure • Explore funding sources for IMF • Implement ½-cent sales tax reallocation for parks • Continue focus on local/regional transportation efforts • Provide quality park and recreation facilities Excellent City Services & High Citizen Satisfaction • Continue strategic planning for future costs of service delivery • Timely response with quality service delivery • Optimize citizen communication efforts • Promote citizen involvement • Actively participate in the legislative process Sense of Community • Develop and support community special events • Encourage and evaluate teen initiatives • Reassess viability of City cemetery • Evaluate services and programs for senior citizen community • Continue support for social services benefiting Coppell citizens • Continue partnership with public entities serving our community Fiscal Stability • Continue and refine financial planning and forecasting • Continue systematic management of debt and expenditures • Balance expenditures with ability to maintain over time • Perform cost analysis on all approved projects and programs prior to implementation • Minimize potential impact of external factors and developments Neighborhood Integrity & Code Enforcement • Maintain communication with neighborhoods and the community • Update Master Plan and Zoning as required • Continue proactive neighborhood integrity programs 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: January 23, 2007 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; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. Agenda Request Form - Revised 02/04 Document Name: %executivesession DATE: January 23, 2007 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding the 2005-06 CAFR. B. Discussion regarding joint meeting with Park Board on March 5th. C. Discussion regarding future Special Events. D. Discussion regarding Citizen Summit. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/04 Document Name: %worksession PARKS AND RECREATION DEPARTMENT Interoffice Memorandum TO: Clay Phillips, Deputy City Manager FROM: Brad Reid, Director of Parks and Recreation DATE: December 19, 2006 SUBJECT: 2007 Special Events Listed are the Special Events as currently planned for 2007 as well as some questions that remain as to the expectations regarding certain events. I request that these questions be discussed with City Council as early as possible so that we can begin planning for these events. CURRENTLY PLANNED EVENTS: Sweetheart Balls - Feb. 9th- Mother/Son, Feb. 10th Daddy/Daughter. Theme: “An Enchanted Masquerade Ball”. Dances with Silent Auctions at the Coppell Aquatics and Recreation Center. Tickets required. Family Fish -March 3rd , 9am-Noon, Andrew Brown East Pond- Focus on families and fishing. Stocked pond and catch tank. No charge. Community Egg Hunt -April 7th 11:00am at Wagon Wheel Park-NEW LOCATION!* No charge! Clean Coppell Earthfest - April 21st, 9am-1pm, Town Center Parking Lot. No charge! Fourth of July Parade, -July 4th 10 am, No charge! Halloween Event -October 31, 5:30-8:30 PM at Aquatics and Recreation Center. $3 fee. Holiday Parade and Celebration - December 1st Parade at 4pm and an event at the New Town Center Plaza with community music, new displays and tree lighting. -I expect that with the new Town Center Plaza, this event will become larger, with more activities and entertainment, along with increased decorations. We will budget and plan for the 2007 event as though the construction at the plaza will be complete by the first week in December. However, the fall-back plan will be to hold the event as we have the past couple of years. UNRESOLVED ISSUES: July 4th Spirit of Coppell (Wednesday night) - Lewisville is awarding a new contract for fireworks in Jan. ’07. They will test a show of reduced height from the original site due to development along 121, and at a new location north of Hebron and I 35. They will let us know the test date (late Jan. or Feb) so we can preview from AB East. Options: 1.) Be proactive and start looking at doing our own reduced height fireworks show on the east side of the pond. A representative from a pyrotechnics company has informed us that the parking lot area at Moore Road Park will be perfect for a reduced height fireworks show. Of course this would require additional funding over what we currently have budgeted, as well as approval from the Fire Chief. We will need approximately $10 K additional funds. Also, the pyrotechnics company will not be available on the 4th (perhaps we could hold ours the weekend prior). 2.) Consider holding only the parade on the 4th and put the resources that would go toward the evening activities into a fall event (see below). I prefer that we not wait on the results of the Lewisville fireworks test to make our decision. We will be delayed in arranging for our entertainment if they are slowed at all letting us know their decision. The fact that they are looking at a reduced height firework shell raises questions about the quality of the show from our site. Fall Festival This would be a larger community event similar to the 50/05, sometime in October. Such an event was mentioned as a possibility recently but funding was not requested in the current year’s budget. We will need to plan ahead to put in the 07-08 Budget and step up our sponsorship requests. If the desire is to hold such an event, I need to get some idea of City Council expectations. *The Community Egg Hunt is being proposed to move to Wagon Wheel Park due to parking requirements and the open nature of the park, which will better accommodate large numbers of people for this type of event. DEPT: City Secretary DATE: January 23, 2007 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Report by the Coppell Economic Development Committee. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardreport DATE: January 23, 2007 ITEM #: 8 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 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary January 23, 2007 9/A ✔ PROCEDURAL Consider approval of minutes: January 9, 2007. Minutes of the City Council meeting held on January 9, 2007. Staff recommends approval. %minutes MINUTES OF JANUARY 9, 2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 9, 2007, 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 Billy Faught, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Councilmember Tunnell was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover 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.; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale of property south of Bethel and west of Coppell Road. cm010907 Page 1 of 20 ITEM # ITEM DESCRIPTION C. Section 551.074, Texas Government Code - Personnel Matters. 1. Deputy City Manager Evaluation. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:42 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding proposed Natural Gas Drilling Ordinance and related items. B. Update on Visionary and Strategic Work Effort. C. Discussion regarding March Council meetings. D. Discussion regarding Legislative Agenda. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember York led those present in the Invocation. 6. Pledge of Allegiance. Chris Marshall led those present in the Pledge of Allegiance. 7. Presentation to the City Council of the "Target National Night Out 2006 Award" from the Coppell Police Department for being selected as the best program in Category #4 during National Night Out 2006. ag010907 Page 2 of 20 ITEM # ITEM DESCRIPTION Presentation: Officer R. J. Harr unveiled the trophy the City received for its National Night Out participation and presented the same to Mayor Stover and the City Council. 8. Presentation recognizing Boy Scouts that have completed Eagle Projects in the Coppell Parks. Presentation: Mayor Stover recognized the Scouts who were present for their Eagle Scout projects and presented them with Certificates of Appreciation. 9. Consider approval of a proclamation honoring Collin County Judge Ron Harris for his years of public service in commitment to regional priorities, and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve a proclamation honoring Collin County Judge Ron Harris for his years of public service in commitment to regional priorities, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 10. Consider approval of a proclamation naming the month of January 2007 as School Board Appreciation Month, and authorizing the Mayor to sign. Presentation: Mayor Stover read the Proclamation for the record and presented the same to members of the Coppell Independent School District, Carrollton/Farmers Branch Independent School District and Lewisville Independent School District. ag010907 Page 3 of 20 ITEM # ITEM DESCRIPTION Action: Mayor Pro Tem Faught moved to approve a proclamation naming the month of January 2007 as School Board Appreciation Month, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 11. Consider approval of a proclamation naming January 10, 2007 Matthew Lasky Appreciation Day, and authorizing the Mayor to sign. This item was considered after Item 24. Presentation: Mayor Stover read the Proclamation for the record and presented the same to Matthew Lasky. Action: Councilmember Peters moved to approve a proclamation naming January 10, 2007 Matthew Lasky Appreciation Day, and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 12. Citizens' Appearances. A. David Cary, 302 Hampton Court, spoke to Council regarding the gymnasts at Everybody Fits and Texas Dreams. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 12, 2006. ag010907 Page 4 of 20 ITEM # ITEM DESCRIPTION B. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for technology at Durham Middle School in the amount of $8,872.00, and authorizing the City Manager to sign. C. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for technology at Killough High School-North in the amount of $7,675.00, and authorizing the City Manager to sign. D. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for technology at Lewisville High School in the amount of $9,917.00, and authorizing the City Manager to sign. E. Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the Lewisville Independent School District for books and supporting technology at Rockbrook Elementary School in the amount of $41,193.00, and authorizing the City Manager to sign. F. Consider approval of a Resolution amending the Bylaws of the Recreation Development Corporation to approve the use of 4b proceed funds for the maintenance and operation of the Coppell Aquatic and Recreation Center, Wagon Wheel Park and the Coppell Hike and Bike Trail System; and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. ZC-620, the Duke Lesley Addition, zoning change request from A (Agriculture) to LI (Light Industrial) on Block A, containing 111.6 acres of property and HC (Highway Commercial) on Blocks B and C, containing 72.9 acres of property, to allow the development of mixed uses, including retail, office, hotel and light industrial (office/warehouse) on a total of 184.5 acres of property ag010907 Page 5 of 20 ITEM # ITEM DESCRIPTION located at the northwest corner of IH-635 and Beltline Road and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C, D, E, F carrying Resolution No. 2007-0109.1 and G carrying Ordinance No. 91500-A-448. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred (100') feet to Good Spirits #4115 (Albertsons) from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 Sandy Lake Road; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that John Bain had signed up to speak on this proposal. Mr. Bain was not present when called upon to speak. Action: Councilmember York moved to close the Public Hearing and approve Resolution No. 2007-0109.2 granting a variance of one hundred (100') feet to Good Spirits #4115 (Albertsons) from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16- 2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 Sandy Lake Road; and authorizing the Mayor to sign. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. ag010907 Page 6 of 20 ITEM # ITEM DESCRIPTION 15. PUBLIC HEARING: Consider approval of a Resolution granting a variance of two hundred (200') feet to Kroger #448 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 950 E. Sandy Lake Road; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt 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 Peters moved to close the Public Hearing and approve Resolution No. 2007-0109.3 granting a variance of two hundred (200') feet to Kroger #448 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 950 E. Sandy Lake Road; and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred fifty (150') feet to Speedy K Mart from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 100; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. ag010907 Page 7 of 20 ITEM # ITEM DESCRIPTION Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Faught moved to close the Public Hearing and approve Resolution No. 2007-0109.4 granting a variance of one hundred fifty (150') feet to Speedy K Mart from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 100; and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred (100') feet to Tom Thumb #2588 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 820 S. MacArthur; and authorizing the Mayor to sign. Presentation: City Manager Jim Witt 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 Brancheau moved to close the Public Hearing and approve Resolution No. 2007-0109.5 granting a variance of one hundred (100') feet to Tom Thumb #2588 from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16- 2 of the Code of Ordinances, to a business selling or offering for sale ag010907 Page 8 of 20 ITEM # ITEM DESCRIPTION alcoholic beverages, with a business address being 820 S. MacArthur; and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. PD-213R-H, Coppell Commons, zoning change request from H (Historic) to PD-213R-H (Planned Development-213 Revised-Historic) with a Concept Site Plan, to allow the development of 39 townhouse units, recreation, open space and common areas on 5.561 acres of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jason Marshall, representing the Applicant, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and called on those persons who signed up to speak on this proposal. 1) B. J. Lovelace, 549 Anderson, spoke against the proposal; 2) Andrew Felder, 518 Mobley Way, spoke against the proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:20 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 8:23 p.m. and opened the Regular Session. ag010907 Page 9 of 20 ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) Action: Councilmember Peters moved to close the Public Hearing. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. Councilmember York moved to approve Case No. PD-213R-H, Coppell Commons, zoning change request from H (Historic) to PD-213R-H (Planned Development-213 Revised-Historic) with a Concept Site Plan, to allow the development of 39 townhouse units, recreation, open space and common areas on 5.561 acres of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road. Councilmember Franklin seconded the motion; the motion failed 0-6 with no one voting in favor of the motion and Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting against the motion. 19. PUBLIC HEARING: Consider approval of Case No. PD-218-LI, Shake and Shingle, to allow for the recognition of the existing uses on the southern portion of the property and the construction of four 14,420- square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located on the north side of Beltline Road, approximately 350 feet east of North Lake Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Kathy Ingle, Applicant, addressed questions from Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-218-LI, Shake and Shingle, to allow for the recognition of ag010907 Page 10 of 20 ITEM # ITEM DESCRIPTION the existing uses on the southern portion of the property and the construction of four 14,420-square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located on the north side of Beltline Road, approximately 350 feet east of North Lake Drive; subject to the following condition: 1) A tree removal permit will be required prior to the removal of any trees from this site. Mayor Pro Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 20. PUBLIC HEARING: Consider approval of the Shake and Shingle Addition, Lot 1R, Block A, Replat, being a replat of Tract 1 of the Shake and Shingle Addition, to establish various easements and fire lanes to allow the construction of four 14,420-square-foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located along the north side of Beltline Road, approximately 350 feet east of North Lake Drive. 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 York moved to close the Public Hearing and approve Shake and Shingle Addition, Lot 1R, Block A, Replat, being a replat of Tract 1 of the Shake and Shingle Addition, to establish various easements and fire lanes to allow the construction of four 14,420-square- foot office/warehouse buildings on the northern portion of this 10.2 acre tract of land located along the north side of Beltline Road, approximately 350 feet east of North Lake Drive; subject to the following condition: 1) Additional comments may be generated upon detailed engineering review. ag010907 Page 11 of 20 ITEM # ITEM DESCRIPTION Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 21. PUBLIC HEARING: Consider approval of Case No. ZC-621-H(CH), a Planning and Zoning Commission called Public Hearing, to amend the Land Use Plan designation from Light Industrial/Showroom to Historic and further to rezone from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property located along the east side of Hammond Street, north of Burns, being a portion of the property commonly referred to as the Carter Crowley Tract. 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 Franklin moved to close the Public Hearing and approve Case No. ZC-621-H(CH), a Planning and Zoning Commission called Public Hearing, to amend the Land Use Plan designation from Light Industrial/Showroom to Historic and further to rezone from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property located along the east side of Hammond Street, north of Burns, being a portion of the property commonly referred to as the Carter Crowley Tract. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 22. PUBLIC HEARING: Consider approval of the Amberpoint Business Park at Coppell, Lot 2R-1 and Lot 2R-2X, Replat, being a replat of 64.29 acres of property into two lots, Lot 2R-2X, containing 8.6 acres (drainage area), and Lot 2R-1, containing 55.69 acres ag010907 Page 12 of 20 ITEM # ITEM DESCRIPTION (office/warehouse), located at the southwest corner of Sandy Lake Road and Freeport Parkway. 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 Peters moved to close the Public Hearing and approve the Amberpoint Business Park at Coppell, Lot 2R-1 and Lot 2R-2X, Replat, being a replat of 64.29 acres of property into two lots, Lot 2R-2X, containing 8.6 acres (drainage area), and Lot 2R-1, containing 55.69 acres (office/warehouse), located at the southwest corner of Sandy Lake Road and Freeport Parkway. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 23. Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block A, Site Plan, to allow the construction of an 114,810-square-foot, two-story office building on Lot 1, containing 9.49 acres of property, and an 110,560-square-foot, two-story office building on Lot 2, containing 8.60 acres of land on property, located at the north corner of IH-635 and Freeport Parkway. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Rick Nelson, Applicant, addressed the Council. Action: Councilmember Hinojosa-Flores moved to approve the Gateway Business Park No. 3, Lots 1 and 2, Block A, Site Plan, to allow the construction of an 114,810-square-foot, two-story office building on Lot 1, containing ag010907 Page 13 of 20 ITEM # ITEM DESCRIPTION 9.49 acres of property, and an 110,560-square-foot, two-story office building on Lot 2, containing 8.60 acres of land on property, located at the north corner of IH-635 and Freeport Parkway; subject to the following condition: 1) Submission of a separate instrument designating the 10'-wide strip of land north of the north property line as an off-site landscape easement, subject to approval from Atmos Energy allowing for the planting of ornamental trees within this buffer area. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 24. PUBLIC HEARING: Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block A, Minor Plat and Replat, being a replat Gateway Business Park No. 2, Common Area 1, Block A, containing 0.29 of an acre, and a Minor Plat of approximately 17.8 acres of property, to establish various easements and fire lanes and to allow the construction of two, two-story office buildings on property located at the north corner of IH-635 and Freeport Parkway. 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: Mayor Pro Tem Faught moved to close the Public Hearing and approve the Gateway Business Park No. 3, Lots 1 and 2, Block A, Minor Plat and Replat, being a replat Gateway Business Park No. 2, Common Area 1, Block A, containing 0.29 of an acre, and a Minor Plat of approximately 17.8 acres of property, to establish various easements and fire lanes and to allow the construction of two, two-story office buildings on property located at the north corner of IH-635 and Freeport Parkway; subject to the following conditions: ag010907 Page 14 of 20 ITEM # ITEM DESCRIPTION 1) Submission of a separate instrument designating the 10’-wide strip of land north of the north property line as an off-site landscape easement, subject to approval from Atmos Energy allowing for the planting of overstory trees within this buffer area; and 2) The addition of bearings, dimensions and curve data to the fire lane easements. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. Item 11 was considered at this time. See Item 11 for minutes. 25. Consider approval of the Lauth Park Center, Lot 1, Block A, Site Plan, to allow the development of a three-story, 68,350- square-foot medical office on 6.67 acres of property located north and west of the corner of SH 121 and N. Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. David Suarez, Applicant addressed questions of Council. Action: Councilmember Franklin moved to approve: Item 25 Lauth Park Center, Lot 1, Block A, Site Plan, to allow the development of a three-story, 68,350-square-foot medical office on 6.67 acres of property located north and west of the corner of SH 121 and N. Denton Tap Road, subject to the following conditions: 1) A tree removal permit is required prior to the start of construction, and tree retribution in the amount of $51,850 will be due; 2) Comments may be generated upon detailed engineering review; 3) Move proposed transformer shown to north side of proposed building; and ag010907 Page 15 of 20 ITEM # ITEM DESCRIPTION 4) Include brick and stone specifications, with color names, on black and white elevations. AND Item 26 Lauth Park Center, Lots 1 and 2, Block A, Minor Plat, to establish lot lines and various easements; to allow the development of a medical office on Lot 1 containing 6.67 acres of property, and the future development of Highway Commercial uses on Lot 2, containing 5.69 acres of property located at the northwest corner of SH 121 and N. Denton Tap Road, subject to the following conditions: 1) Ensure signature blocks have current year; and 2) Compliance with the 2nd DRC Report Comments. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 26. Consider approval of the Lauth Park Center, Lots 1 and 2, Block A, Minor Plat, to establish lot lines and various easements; to allow the development of a medical office on Lot 1 containing 6.67 acres of property, and the future development of Highway Commercial uses on Lot 2, containing 5.69 acres of property located at the northwest corner of SH 121 and N. Denton Tap Road. This item was considered under Item 25. See Item 25 for minutes. 27. PUBLIC HEARING: Consider approval of a text amendment to the Code of Ordinances, Sec. 12-30-4.1 and 12-30-12.5 Gravel, Sand, Stone or Petroleum Extraction to delete the requirement for a Special Use Permit and further approve the incorporation of Article 9- 26, of the Code of Ordinances “Oil and Gas Drilling and Production,” regulating the drilling and production of oil and gas wells within the City. ag010907 Page 16 of 20 ITEM # ITEM DESCRIPTION Presentation: Marcie Diamond, Assistant Planning Director, made a presentation to the Council. Sandy Jacobs, The Colony, appeared on behalf of Harding Oil. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve a text amendment to the Code of Ordinances, Sec. 12-30-4.1 and 12-30- 12.5 Gravel, Sand, Stone or Petroleum Extraction to delete the requirement for a Special Use Permit. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. Councilmember York moved to approve Ordinance No. 2007-1150 the incorporation of Article 9-26, of the Code of Ordinances “Oil and Gas Drilling and Production,” regulating the drilling and production of oil and gas wells within the City. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 28. Consider approval of a Resolution in support of increased funding for the Texas Recreation and Parks Account and the State Park System; and authorizing the Mayor to sign. Presentation: Brad Reid, Director of Parks, made a presentation to the Council. Jane Ann Sellars, Parks/Recreation Manager, made a presentation to the Council. ag010907 Page 17 of 20 ITEM # ITEM DESCRIPTION Action: Mayor Pro Tem Faught moved to approve Resolution No. 2007-0109.6 in support of increased funding for the Texas Recreation and Parks Account and the State Park System; and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 29. Consider approval of a Resolution supporting the Coppell Nature Park Education Center for Wagon Wheel Park in the city of Coppell, Texas; and authorizing the Mayor to sign. Presentation: Brad Reid, Director of Parks, made a presentation to Council. Action: Councilmember Franklin moved to approve Resolution No. 2007-0109.7 supporting the Coppell Nature Park Education Center for Wagon Wheel Park in the city of Coppell, Texas; and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the motion. Item 31 was considered at this time. See Item 31 for minutes. 30. Consider approval of the 2007 Legislative Agenda. Presentation: City Manager Jim Witt read the items for the record: Local Government Finance, Revenue Appraisal Caps, Sex Offender Legislation, Red Light Cameras, TXU Coal Plant Construction, Regional Transit Initiative, General Regional Transportation Issues, Eminent Domain, Streamline Sales Tax, Law Enforcement, Immigration, Local Government Employee Relations and TRAP Support. ag010907 Page 18 of 20 ITEM # ITEM DESCRIPTION Action: Councilmember York moved to approve the 2007 Legislative Agenda. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. 31. Mayor and Council Reports. A. Report by Mayor Stover regarding Opening of Legislative Session in Austin. B. Report by Mayor Pro Tem Faught regarding Make a Child Smile. C. Report by Mayor Pro Tem Faught regarding Metroplex Mayors’ Meeting. A. Mayor Stover reported on the opening of the Legislative Session which was attended by himself, Mr. Witt, Mr. Phillips, Councilmember York, Councilmember Peters and Councilmember Brancheau. They met with Representative Jackson and Senator Shapiro where they discussed issues for the upcoming session. The general consensus was that it was a very beneficial trip. B. Mayor Pro Tem Faught advised that, once again, Allana Lamberth with the City Secretary’s Office, had done a wonderful job on the Make a Child Smile Program where 88 families consisting of approximately 200 children were delivered over 1,100 gifts. C. Mayor Pro Tem Faught reported on the Metroplex Mayors’ Meeting which he attended with Gary Sieb, Director of Planning. The speaker had been Dennis Wilson, chair for the GDPC First Tier Suburb Task Force, who spoke regarding changes in demographics and the future of our suburbs. WORK SESSION (Open to the Public) Convene Work Session B. Update on Visionary and Strategic Work Effort. D. Discussion regarding Legislative Agenda. ag010907 Page 19 of 20 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) Convene Executive Session C. Section 551.074, Texas Government Code - Personnel Matters. 1. Deputy City Manager Evaluation. Mayor Stover reconvened into Executive Session at 10:39 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 11:43 p.m. and opened the Regular Session. Item 30 was considered at this time. See Item 30 for minutes. REGULAR SESSION (Open to the Public) 32. Necessary action resulting from Work Session. There was no action necessary under this item. 33. Necessary Action Resulting from Executive Session. Action: Councilmember York moved to approve the evaluation for the Deputy City Manager and a retention agreement to be executed by the City Manager, Mayor and Deputy City Manager. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary ag010907 Page 20 of 20 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary January 23, 2007 9/B ✔ PROCEDURAL Consider approval canceling the March 13, 2007 City Council Meeting. The March 13 meeting falls during the week of Spring Break. Council will not have a quorum at this meeting. Staff recommends approval. %cancelmeeting WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance January 23, 2007 9/C ✔ CONTRACT/BID or PROPOSAL Consider approval of an Interlocal Agreement between the City of Coppell and the North Central Texas Council of Governments for the cooperative purchasing for actuarial shared services, and authorizing the City Manager to sign it and all appropriate documents. The City is required to implement Government Accounting Standards Board Statement (GASB)45, Accounting and Financial Reporting by Employers for Post Employment Benefits other than Pensions. GASB Statement 45 requires the City to provide information about the actuarial accrued liabilities for promised benefits associated with past services and to what extent those benefits have been funded. Entering the Interlocal agreement affords the City the ability to obtain actuarial services at a cost that is less than the cost the City would pay if the services were obtained solely by the City. Staff Recommends approval. $InterlocalNCTCOG-1AR(Con) INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR ACTURIAL SHARED SERVICES THIS INTERLOCAL AGREEMENT (“Agreement”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and between the North Central Texas Council of Governments, hereinafter referred to as “NCTCOG,” having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and ENTITY NAME a local government, created and operated to provide one or more governmental functions and services, hereinafter referred to as “Participant,” having its principal place of business at ENTITY ADDRESS. W I T N E S S E T H WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the development of a standard approach for acquiring actuarial services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has authorized this Agreement on *____________________ _______ (Date), and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because its a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: BILLINGS Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company based upon Administrative Fee ($100). ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program to be performed hereunder. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *Denotes required fields NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS. Interstate v1 rev. 10/05 * Name of Participant (local government, agency, or non-profit corporation) * Mailing Address * City State ZIP Code *By: Signature of Authorized Official * Typed Name of Authorized Official * Typed Title of Authorized Official Date North Central Texas Council of Governments 616 Six Flags Drive, Arlington, Texas 76011 *By: Signature of Authorized Official * Typed Name of Authorized Official * Typed Title of Authorized Official Date MASTER AGREEMENT Pursuant to the award of Joint Actuarial Services by the North Central Texas Council of Governments (NCTCOG), this agreement confirms the terms under which the (name of government) hereinafter referred to as “CONTRACTING GOVERNMENT” has engaged Gabriel, Roeder, Smith & Co. hereinafter referred to as ”ACTUARIAL FIRM” to perform actuarial consulting services. In as much as this relationship will involve several actuarial reviews and other services that will be governed by the Request for Proposal issued by NCTCOG on May 31, 2006 and our subsequent response to that proposal, we have agreed to establish this “master agreement” defining the general terms and conditions for all work performed. This agreement will not, by itself, authorize the performance of any services. Rather specific services will be authorized through a separate engagement letter that references this master agreement and details the services to be provided and the timeframe and fees required. In the event of an inconsistency between this master agreement and an individual engagement letter, the master agreement will be followed. As described in the above referenced Request for Proposal the following terms apply: A. Tax Exempt Entities. CONTRACTING GOVERNMENT is exempt from manufacturer’s federal excise tax and states sales tax. Tax exemption certificates will be issued upon request. B. Role of NCTCOG. NCTCOG has served as a facilitator to the RFP and award process but the contractual relationship is between ACTUARIAL FIRM and the CONTRACTING GOVERNMENT. C. Aggregate Information. ACTUARIAL FIRM agrees to supply NCTCOG with the specified results from the valuations and to aggregate that information with that of other governments for the purpose of benchmarking. D. Fees. ACTUARIAL FIRM agrees to follow the attached pricing schedule (“Attachment A”) for pricing of its services. I. Review of Charges. CONTRACTING GOVERNMENT has the right to review the supporting documentation for any hourly charges or out of pocket expenses assessed to the CONTRACTING GOVERNMENT under the fee schedule. J. Termination. Both CONTRACTING GOVERNMENT and ACTUARIAL FIRM will have the right to terminate this agreement through written notice. CONTRACTING GOVERNMENT will pay any charges or prorate fees incurred to the date the termination notice is received and actuary will cease any in progress work unless specific stopping points are provided in the letter. K. Work Product. The final work product will be the property of the CONTRACTING GOVERNMENT to be used as stated in the specific engagement letter. Ancillary use of the product is permitted but ACTUARIAL FIRM is not responsible for the reliability of those projections. It is understood that all reports are subject to the open records laws of the State of Texas and the contracting jurisdiction. L. Independent Contractor. All the services provided by ACTUARIAL FIRM will be as an independent contractor. None of the terms in the engagement letter will be interpreted to create an agency or employment relationship. M. Biennial Reviews. CONTRACTING GOVERNMENT agrees to provide census data in off years using the same cut off date and delivery dates as used for the year of review. Actuary agrees to review the off year census data and provide CONTRACTING GOVERNMENT with timely feedback regarding deficiencies in the data. N. Term. The term of this master agreement will be governed by the afore referenced NCTCOG RFP and will expire on September 30, 2012. O. Complete Agreement. This letter combined with the specific engagement letter and as clarified by the RFP and Proposal set forth the entire agreement between the CONTRACTING GOVERNMENT and ACTUARIAL FIRM. P. Indemnification. Contractor covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend NCTCOG and CONTRACTING GOVERNMENTS, its officers and employees, from and against any and all suits or claims for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors, and the contractor does hereby assume all liability for injuries, claims or suits for damages to persons, property, or whatever kind of character, whether real or asserted, occurring during or arising out of the performance of a contract as a result of any negligent act or omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors to the extent permitted by law. Please review this master agreement letter and the attached schedules and indicate your acceptance by having an official of CONTRACTING GOVERNMENT sign below. Q. Force Majeure. A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality, shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. If a delay or failure of performance by either party to this contract results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event. R. Professional Standards. ACTUARIAL FIRM will provide qualified personnel for each engagement and follow all professional standards ascribed by the American Academy of Actuaries and the Governmental Accounting Standards Board. ACTUARIAL FIRM By:________________________ Date:________________________ Title: ______________________ CONTRACTING GOVERNMENT By ________________________ Date:________________________ Title:_______________________ Attachment A Pricing of Services Employer Governments by Total OPEB Participants Annual Biennial First Year Options Study Hourly Rate for Additional Services 1 Less than 100-Insured 1 health plan $4,000 $5,000 $750/Study See Below 1a Less than 100-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 2 Between 100 and 249-Insured 1 health plan $4,500 $5,500 $750/Study See Below 2a Between 100 and 249-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 3 Between 100 and 249-Self Insured 1 health plan $6,000 $7,000 $750/Study See Below 3a Between 100 and 249-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 4 Between 250 and 499-Insured 1 health plan $4,500 $5,500 $750/Study See Below 4a Between 250 and 499-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 5 Between 250 and 499-Self Insured 1 health plan $6,000 $7,000 $750/Study See Below 5a Between 250 and 499-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 6 Between 500 and 749-Insured 1 health plan $4,500 $5,500 $750/Study See Below 6a Between 500 and 749-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 7 Between 500 and 749-Self Insured 1 health plan $6,000 $7,000 $750/Study See Below 7a Between 500 and 749-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 8 Between 750 and 999-Insured 1 health plan $4,500 $5,500 $750/Study See Below 8a Between 750 and 999-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 9 Between 750 and 999-Self Insured 1 health plan $6,000 $7,000 $750/Study See Below 9a Between 750 and 999-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 10 Between 1000 and 1499-Insured 1 health plan $5,000 $6,000 $750/Study See Below 10a Between 1000 and 1499-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 11 Between 1000 and 1499-Self Insured 1 health plan $6,500 $7,500 $750/Study See Below 11a Between 1000 and 1499-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 12 Between 1500 and 1999-Insured 1 health plan $5,000 $6,000 $750/Study See Below 12a Between 1500 and 1999-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 13 Between 1500 and 1999-Self Insured 1 health plan $6,500 $7,500 $750/Study See Below 13a Between 1500 and 1999-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 14 Between 2000 and 2499-Insured 1 health plan $5,000 $6,000 $750/Study See Below 14a Between 2000 and 2499-per additional health or retirement plan $1,000 $1,000 $750/Study See Below 15 Between 2000 and 2499-Self Insured 1 health plan $6,500 $7,500 $750/Study See Below 15a Between 2000 and 2499-per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 16 Between 2500 and 5000-Self Insured 1 health plan $7,000 $8,000 $750/Study See Below 16a Between 2500 and 5000-per additional self insured health or retirement plan $1,500 $1,500 $750/Study See Below Plans (if applicable) Governments by Total OPEB Participants Annual Biennial First Year Options Study Hourly Rate for Additional Services 1 Less than 100-Insured 1 health plan $0 $0 $750/Study See Below 1a Less than 100-per additional health or retirement plan $0 $0 $750/Study See Below 2 Between 100 and 249-Insured 1 health plan $0 $0 $750/Study See Below 2a Between 100 and 249-per additional health or retirement plan $0 $0 $750/Study See Below 3 Between 100 and 249-Self Insured 1 health plan $0 $0 $750/Study See Below 3a Between 100 and 249-per additional self insured health or retirement plan $0 $0 $750/Study See Below 4 Between 250 and 499-Insured 1 health plan $0 $0 $750/Study See Below 4a Between 250 and 499-per additional health or retirement plan $0 $0 $750/Study See Below 5 Between 250 and 499-Self Insured 1 health plan $0 $0 $750/Study See Below 5a Between 250 and 499-per additional self insured health or retirement plan $0 $0 $750/Study See Below 6 Between 500 and 749-Insured 1 health plan $0 $0 $750/Study See Below 6a Between 500 and 749-per additional health or retirement plan $0 $0 $750/Study See Below 7 Between 500 and 749-Self Insured 1 health plan $0 $0 $750/Study See Below 7a Between 500 and 749-per additional self insured health or retirement plan $0 $0 $750/Study See Below 8 Between 750 and 999-Insured 1 health plan $0 $0 $750/Study See Below 8a Between 750 and 999-per additional health or retirement plan $0 $0 $750/Study See Below 9 Between 750 and 999-Self Insured 1 health plan $0 $0 $750/Study See Below 9a Between 750 and 999-per additional self insured health or retirement plan $0 $0 $750/Study See Below 10 Between 1000 and 1499-Insured 1 health plan $0 $0 $750/Study See Below 10a Between 1000 and 1499-per additional health or retirement plan $0 $0 $750/Study See Below 11 Between 1000 and 1499-Self Insured 1 health plan $0 $0 $750/Study See Below 11a Between 1000 and 1499-per additional self insured health or retirement plan $0 $0 $750/Study See Below 12 Between 1500 and 1999-Insured 1 health plan $0 $0 $750/Study See Below 4812 a Between 1500 and 1999-per additional health or retirement plan $0 $0 $750/Study See Below 13 Between 1500 and 1999-Self Insured 1 health plan $0 $0 $750/Study See Below 13a Between 1500 and 1999-per additional self insured health or retirement plan $0 $0 $750/Study See Below 14 Between 2000 and 2499-Insured 1 health plan $0 $0 $750/Study See Below 14a Between 2000 and 2499-per additional health or retirement plan $0 $0 $750/Study See Below 15 Between 2000 and 2499-Self Insured 1 health plan $0 $0 $750/Study See Below 15a Between 2000 and 2499-per additional self insured health or retirement plan $0 $0 $750/Study See Below 16 Between 2500 and 5000-Self Insured 1 health plan $0 $0 $750/Study See Below 16a Between 2500 and 5000-per additional self insured health or retirement plan $0 $0 $750/Study See Below ™ For the first valuation, the prices above include a mandatory kick-off meeting to begin the project and a meeting to present the findings. If the second meeting can take place either via web cast or through a conference call, we will discount the above valuation fees by $500. ™ For subsequent valuations, we anticipate the kickoff meeting to be via conference call or web cast. For any participant, if the meeting to present the results can take place either via web cast or through a conference call, we will discount the above valuation fees by $500. ™ Pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon receipt of the draft report and 30% upon acceptance of the final report. ™ Fees for additional services and optional services that are not determined as ‘basic’ will be based on the following rates: GRS Position Title Hourly Rates Senior Consultant $350 Consultants $275 Senior Analysts $175 Actuarial Analysts $150 Systems Analysts and Programmers $200 Administrative Support Staff $110 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering January 23, 2007 9/D ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid # Q 1106-03 for the annual Sidewalk Pavement Repair Project to Estrada Concrete in an amount of $100,000, as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. Approval of this project will allow the repairs for FY 06/07 to begin on the citizen generated sidewalk repair list. Staff will be available to answer any questions at the council meeting. Funds have been budgeted in the Infrastructure Maintenance Fund for this project. Staff recommends approval of the award of the bid to Estrada Contrete in an amount of $100,000 for the annual Sidewalk Pavement Repair Project. #Annual Sidewalk Repair Project MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:January 23, 2007 REF: Consider approval of awarding Bid # Q 1106-03 for the annual Sidewalk Pavement Repair Project to Estrada Concrete in an amount of $100,000, as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. On December 19, 2006, the City of Coppell received and opened 10 bids for our yearly sidewalk repair program. The contract for this project has a clause to extend the contract for up to four additional one-year periods. Our sidewalk repair program for 2007 consists of approximately 17,700 square feet of sidewalk repair, at over 100 locations ranging in size from 10 square feet to 720 square feet. Also, it includes the removal and replacement of approximately 100 linear feet of curbs at 10 locations. The City sent out 10 letters to firms which generally perform this time of work, including Quantum Contracting and Abcon Paving, the two firms which have performed this work for the city in the past. Also, to insure that we were reaching a wide range of bidders, this project was bid over the RFP Depot bidding service. This is an electronic bidding service that the City utilizes to alert contractors when projects are being bid. The contractors can go directly to the RFP Depot website and submit their bid. Of the ten firms who submitted bids, only two were firms included in the letters that we sent out to notify contractors that had previously worked in this area. The other eight bids were submitted by contractors after they were notified by the RFP Depot website. In this particular case, it worked to the City's advantage as the low bidder on the project, Estrada Concrete, was not a firm that we had worked with in the past; but, was a firm that was alerted by the RFP Depot. Estrada Concrete's bid is approximately 14% lower than the next low bid and about 23% lower than our current sidewalk repair price. We allocate $100,000 per year in the Infrastructure Maintenance Fund for sidewalk repairs. However, based on the current requests that we have, the Estrada Concrete bid totaled $78,801.10. Because their bid was less than we expected, we will be adding additional locations to be repaired during the course of the year. The additional locations are a combination of City initiated repairs and additional repairs in areas that we work in. Because Estrada Concrete has not previously worked in the City of Coppell and because I was unfamiliar with their work, I contacted the cities of Euless and Allen, which were listed as references for Estrada Concrete. Representatives from both cities stated that Estrada Concrete had worked with them and successfully completed projects ranging from $70,000 to $300,000. The City of Coppell recommends awarding the FY 06/07 Sidewalk Replacement Project to Estrada Concrete in an amount of $100,000, as budgeted in the Infrastructure Maintenance Fund. Staff will be available to answer any questions at the council meeting. BID TABULATION: SIDEWALK PAVEMENT REPAIR FY 06/07 BID #Q-1106-03Page 1 of 1Item Quantity UnitDescription ESTRADA GOTECK PAVEMENTSERVJIM BOWMAN ADVANCEDPAVINGI1-8415,441 SF Remove/Replace SidewalkFailures$4.30 $66,396.30$5.00 $77,205.00 $5.29 $81,682.89 $6.00 $92,646.00 $6.04 $93,263.64II85-1012,286 SF Remove/Replace SidewalkFailures$4.30 $9,829.80$5.00 $11,430.00 $5.29 $12,092.94 $6.15 $14,058.90 $6.04 $13,807.44III102-109103 LF Remove/Replace Curb & GutterFailures$25.00 $2,575.00$30.00 $3,090.00 $32.97 $3,395.91 $25.00 $2,575.00 $24.00 $2,472.00$78,801.10 $91,725.00$97,171.74$109,279.90 $109,543.08Item Quantity UnitDescription KLUTZ CONST COLE CONST HUMHREY &MORTONTEXAS STANDARD NORTHSTARI1-8415,441 SF Remove/Replace SidewalkFailures$6.15 $94,962.15 $6.50 $100,366.50 $6.99 $107,932.59 $9.00 $138,969.00 $9.50 $146,689.50II85-1012,286 SF Remove/Replace SidewalkFailures$6.15 $14,058.90 $7.00 $16,002.00 $6.99 $15,979.14 $9.00 $20,574.00 $9.50 $21,717.00III102-109103 LF Remove/Replace Curb &Gutter Failures$30.00 $3,090.00 $32.00 $3,296.00 $32.60 $3,357.80 $100.00 $10,300.00 $70.00 $7,210.00$112,111.05 $119,664.50 $127,269.53 $169,843.00 $175,616.50 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering January 23, 2007 9/E ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Goteck Enterprises in an amount of $300,000 as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. Approval of this project will allow repairs to begin on the citizen generated street and alley repair lists. Staff will be available to answer any questions at the council meeting. Funds have been budgeted in the Infrastructure Maintenance Fund for this project. Staff recommends approval of the award of the bid to Goteck Enterprises in an amount of $300,000 for the annual Street and Alley Repair Project. #Annual Street Repair Project MEMORANDUM TO:Mayor and City Council FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE:January 23, 2007 REF: Consider approval of awarding Bid # Q 1106-04 for the annual Reinforced Concrete Paving Repair Project to Goteck Enterprises in an amount of $300,000, as budgeted in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. On December 19, 2006, the City of Coppell received and opened 7 bids for our yearly street and alley repair program. The contract for this project has a clause to extend the contract for up to four additional one-year periods. Our street and alley repair program for 2007 consists of approximately 4,000 square yards of street repair, at over 50 locations and approximately 2,500 square yards of alley repair at over 60 locations. Also, it includes the removal and replacement of approximately 100 linear feet of curbs at 10 locations. The City sent out letters to ten firms which generally perform this time of work, including Pavement Services, Quantum Contracting and Abcon Paving, the three firms which have performed this work for the city in the past. Also, to insure that we were reaching a wide range of bidders, this project was bid over the RFP Depot bidding service. This is an electronic bidding service that the City utilizes to alert contractors when projects are being bid. The contractors can go directly to the RFP Depot website and submit their bid. Of the seven firms who submitted bids, only two bidders were from the letters that we sent out to notify contractors that had previously worked in this area. The other five bids were submitted by contractors after they were notified by the RFP Depot website. The low bidder on the project, Goteck Enterprises, was not a firm that we had worked with in the past; but was a firm that was alerted by the RFP Depot. In this particular case, Goteck Enterprise's bid is approximately 7% lower than the next low bidder and about 21% lower than our current concrete price for street and alley repair. We allocate $300,000 per year in the Infrastructure Maintenance Fund for street and alley repairs and based on the current requests that we have, the Goteck Enterprises bid totaled $329,215. Because Goteck Enterprises has not previously worked in the City of Coppell and because I was unfamiliar with their work, I contacted Dallas County, which was listed as a reference for Goteck Enterprises. A representative from Dallas County stated that Goteck Enterprises had worked with them and successfully completed a project in the range of $350,000. The City of Coppell recommends awarding the FY 06/07 Street and Alley Replacement Project to Goteck Enterprises in an amount of $300,000, as budgeted in the Infrastructure Maintenance Fund. Staff will be available to answer any questions at the council meeting. BID TABULATION: REINFORCED CONCRETE PAVEMENT REPAIRS FY 06/07 BID #Q-1106-04Page 1 of 1Item Quantity UnitDescriptionGOTECK KEN-DO ESTRADA PAVEMENTSERVICESI-1BaseBid3983 SY Remove/Replace StreetFailures$48.00 $ 191,184.00 $56.00 $ 223,048.00 $58.50 $ 233,005.50 $62.14 $ 247,503.62I-2 994 SY Add Thickness/ Per Inch $7.00 $ 6,958.00 $1.75 $ 1,739.50 $1.00 $ 994.00 $6.84 $ 6,798.96II-1 2474 SY Remove/Replace AlleyFailures$52.00 $ 128,648.00 $48.00 $ 118,752.00 $60.75 $ 150,295.50 $61.86 $ 153,041.64III-1 97 LF Remove/Replace Curb &Gutter Failures$25.00 $ 2,425.00 $45.00 $ 4,365.00 $25.00 $ 2,425.00 $32.97 $ 3,198.09Completion prior to September 30, 2007$329,215.00$347,904.50 $386,720.00 $410,542.31Item Quantity UnitDescriptionARTCO JIM BOWMAN TEXASSTANDARDI-1BaseBid3983 SY Remove/Replace StreetFailures$71.00 $282,793.00 $84.00 $334,572.00 $106.00 $422,198.00I-2 994 SY Add Thickness/ Per Inch $4.00 $ 3,976.00 $5.00 $ 4,970.00 $40.00 $ 39,760.00II-1 2474 SY Remove/Replace AlleyFailures$71.00 $175,654.00 $95.00 $235,030.00 $94.00 $232,556.00III-1 97 LF Remove/Replace Curb &Gutter Failures$33.00 $3,201.00 $25.00 $2,425.00 $52.00 $5,044.00Completion prior to September 30, 2007 $465,624.00$576,997.00 $699,558.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire January 23, 2007 9/F ✔ CONTRACT/BID or PROPOSAL Consider approval of an Interlocal Cooperation Agreement with Denton County to provide ambulance service to portions of the city within Denton County and reimbursement of costs associated with those calls; and authorizing the Mayor to sign. The Interlocal Cooperation Agreement with Denton County will allow for the Coppell Fire Department to provide ambulance service to the portions of the city within Denton County and that the county shall reimbursement the city a fixed readiness sum of $121.02 per call for service that results in a patient being transported to a hospital. Staff recommends approval. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary January 23, 2007 10 ✔ PUBLIC HEARING Consider approval of a Resolution granting a variance of one hundred fifty (150') feet to Ole's Tex-Mex Restaurant from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy Lake Road, Suite 106; and authorizing the Mayor to sign. This variance is being filed for the Ole's Tex-Mex Restaurant at the southeast corner of Sandy Lake Road and Moore Road. The property line of this business is within 300 feet of The Sunshine House which is located south of the restaurant on Moore Road. Staff recommends approval based on location being grandfathered. %ole'-1AR *a Form L-101 -A (1 R004) - - - - - APPLICATION FOR RETAILER'S PERMIT OR LICENSE BE BEER RETAIL DEALER'S ON-PREMISE LICENSE BQ WINE AND BEER RETAILER'S OFF-PREMISE PERMIT BF BEER RETAIL DEALER'S OFF-PREMISE LICENSE BL RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE BP BREWPUB LICENSE NL PRIVATE CLUB LATE HOURS PERMIT v WINE & BEER RETAILER'S PERMIT 'FOR EXCURSION BOATS PE BEVERAGE CARTAGE PERMIT Y WINE B BEER RETAILER'S PERMIT FOR RAILWAY DINING CAR YB MIXED BEVERAGE PERMIT P PACKAGE STORE PERMIT LB MIXED BEVERAGE LATE HOURS PERMIT 07-Liquor Store Limited Pahership O%Sexually Oriented 0 ORGas Station Limited Liability Partnership -porting Arena, Civic Center, Hotel 10-Parimutuel Wagering OSMiscellaneous 11Convenience Stom with Gas 12Convenience Store without Gas Unincorporated Association of Persons (Private Ctubs Only) C. Does applicant reguire employees to attend an agency-approved seller training course? ............... 2 C. (E3 Yes NO ................................................................ D. Is live music featured two or more times per week? D. Yes IXI NO Diilii Ad of 19907 ................................................................................................... F. Does the applicant own the land and building at the proposed licensed location? ......................... F. Yes (XI No last 24 months for onpremise consumption of alcoholii APPLICATION FOR (CHECK ONE): WINE BEER RETAILER'S Om-PREMISE PERMIT MweD BEVERAGE RESTAURANT PERMIT WlTE FB PLEASE PRINT OR TYPE THE FOLLOWING: APPLICANT'S NAME: LYwfik /Y~&#em Address L K /A.&F /LD #/DL Phone Number 992 - 695-7r/% NAME OF ESTABLISHMENT: O/E's ;r;~rx- AWSX /JE C%.Z.UMM LOCATION OF ESTABLISHMENT (INCLUDING COUNTY): Address (scrcrr L3was ~s un~ Legal Description &&I>Y ~LE .P/42/4 ShiI Pro Sec 6-16-2 ~~d~ts. A n#saleofbeamreaidarli.lamsorwilbtr~zgling~hpmhii B. ~othGnvise.Uowed,thsl@ded.lcdrdiob~rr~k~or&~oaulump(ioarhalld -rftal2mi~orbeBas7am.~koa8uod;lywlvnd~&rrhuIlot~rttal2~a~l2woa. C. ~oberrragprWw(bsooldbyadakrwboPeplroedbush#ghwithin300~ofa~plblioorprivrto~1a publiohorpit.l. m~aadoadrpplytotheholder& 1. ALi~apamitwbo~Wa~d~~covgiasapaaireththloor(odwithin300&atofa ptivateW,or 2. A lkum a parnit coverimg a premise whao mhras M prohibid &mu aatairy unda section 109.53 ofthe Taw MoBevarpsCodc.a~.ndth(tloattdwlthinU)Of#tofapri~hi. D. AprivrtchlmyrscplsethtbegovaniagbodydtbecitydCoppelltbSrrlabspmbibiCcdwahinoaethaurrnd fc& (1,ooo9) ofthc propaty duid robed. R The~dthsdirtrnoebehReartbephafburiacrwbaed~~~wloldudthedrurrhor~horpiW ah.Ube.Img~propatylincrdthsrtrsst~d~~doortolfoatdoor,.ndin~kromridarcdioln F. ~~dths~bahR#nths~of~svhae.bobolio~wdmdthepublicaprivrtehl dIau be: I. madiradlins~&propatylinedthepblioapri~~tothspropatyLineof&pl.csof~dha dhaalinsaaoglidaacdiau;a 1. ~tbspsrmitwlioslllebddamloattdonarbwethc~~ofall~~~~madircdlioe~tbe~ liasd~publicorprivrtocobooltotbepmpatykafthspl.ceofbusiaoa,madirscrliosrcrnrhfa#otioer,ud ~uptbebu~.ttbspropatyk~thebwdthofloamwhi&tbe~w~bdda~~ G. EvrryrppliomLkmo~doohdio~~orpadkaWmmithadoabywbirhthsplbliorrmycdalhs pl.ocdburiaaadthe~ththwahin1,000~dtbsorrvadpopdyliasda~orprivrberobad,~~~linad dinoUyraor*idaccctiolllimudgivo~notioeofthelpsliatiolrto~dthsplMioorpiv;rteschool~~thsrpplicrdioawah tbeJ&&sAlcahdioBsvrrresCarrmraoa . . Acapydtbsmtiwmustt#~totbarmmigimvlriththe~ 'Illiarvsrsdimdoa ~applytoapaaita~~apranisewhacmhrwamprohibitcd6rma~Um~ H. TheCityCamojll~ryrltaaPIlMioH~.ndaplWortiorrda&tm(10)8.yspiatotheHcuinghthe~City ~.Uawwi.ac9bths~ifitdaamaLYltM~dlhs~ma~hrhrrhaE4hndmtbeWMd ~ptblto,condi(Htgmrha~uacdlmdorQlhorraararqasrtcsrmunbe~onm~kalirmarewpaadfdoaw( ravehidcadcd~urpaqkm(ciadivea~,afbrmydbcr~&~dthehorl(h,~,dwelfbreofthsplWio ~thesplitiaofthe~aa,ddanninasirrmthsba(~dthc~. . . Sec 6-163 Day Cares / Child Care FacWes. -dSodiar6162mlrtiagtoaplbliorobool.Lorpplytoadry-oarsoartordaW-=tboectcmrw ~by~42.002,Humm&eourotsCodskapaadta~bdda~~25,2$32,69.a74aboQaIlothddafbodar bevwag0Odl(isCI1C. 'IlliaThbdoea~~lytoapamitorlicagsbddawbo~.Icobolio~if: 1. Thepamltatica~ichoMarrmdtheh~c~acbildoMfidli(yw~on~&damuHbtay buildis& or 2. thspamltalicenschoIdadthehyars~acbildare~mloatcdm~buildi~d~tBe pamitoaliaclaahddaatbed.yars&or~&oilitybloor(odonthcclcomdltayorhi~da~ bu'i" NOTICE OF PUBLIC HEARING The City Council of the city of Coppell will hold a public hearing on Tuesday, the 23rd day of January, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of considering a variance filed by Ole’s Tex-Mex Restaurant who has submitted an application for Mixed Beverage Restaurant Permit with FB at 600 E. Sandy Lake Road, Suite 106, which address falls within 300 feet of a public or private school or day care center. Any citizen of the City or other party of interest may also express his or her opinion concerning this request by letter addressed to the city of Coppell City Secretary Department, 255 Parkway Boulevard, Coppell, TX 75019 PUBLIC NOTICE 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). RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF ONE HUNDRED FIFTY (150’) FEET TO OLE’S TEX-MEX RESTAURANT, LOCATED AT 600 E. SANDY LAKE ROAD, SUITE 106, COPPELL, TEXAS, AS PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 6-16 of the Code of Ordinances places certain distance prohibitions from churches, schools, and day cares to businesses that sell or offer to sell alcoholic beverages; and WHEREAS, the City Council may grant a variance to such business upon proof that the best interest of the public are not served by strict compliance with the regulations; and WHEREAS, Ole’s Tex-Mex Restaurant (hereinafter, “Applicant”) is located within 300 feet of a church, school or day care; and WHEREAS, the Applicant has provided sufficient proof that such regulation constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not effective or necessary after consideration of the health, safety and welfare of the public; and, WHEREAS, the City Council has determined that the best interest of the community will be served by a grant of such variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That a variance of one hundred fifty (150’) feet shall be granted to Ole’s Tex-Mex Restaurant, located at 600 E. Sandy Lake Road, Suite 106, Coppell, Dallas County, Texas, as provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell. SECTION 2. That the variance granted herein is in personam to the above named Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS ALCOHOLIC BEVERAGE COMMISSION or its successor. 1 SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 23rd day of January, 2007. APPROVED: ___________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 1/11/07) 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager January 23, 2007 11 ✔ RESOLUTION Consider approval of a Resolution endorsing the U. S. Mayors Climate Protection Agreement as amended by the 73rd annual U. S. Conference of Mayors meeting and urging mayors from around the nation to join this effort, and authorizing the Mayor to sign. Staff recommends approval. !Climate A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT AS AMENDED BY THE 73RD ANNUAL U.S. CONFERENCE OF MAYORS MEETING AND URGING MAYORS FROM AROUND THE NATION TO JOIN THIS EFFORT. WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community’s most respected assemblage of scientists, has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollutions; and WHEREAS, recent, well-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20th century; a 40 percent decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves; more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world’s population, is responsible for producing approximately 25 percent of the world’s global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and WHEREAS, many leading U.S. companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the U.S. to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and WHEREAS, state and local governments throughout the U.S. are adopting emission reduction targets coming from Republican and Democratic governors and mayors alike; and 1 WHEREAS, many cities throughout the nation, both large and small, are reducing global warming pollutants through programs that provide economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73rd Annual U.S. Conference of Mayors meeting, reads: The U.S. Mayors Climate Protection Agreement A. We urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including efforts to: reduce the U.S. dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel-efficient technologies such as conservation, methane recovery for energy generation, waste to energy, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that includes 1) clear timetables and emissions limits and 2) a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in city operations and in the community, set reduction targets and create an action plan; 2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy by, for example, investing in “green tags,” advocating for the development of renewable energy resources, recovering landfill methane for energy production, and supporting the use of waste to energy technology; 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for city use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council’s LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; 10. Increase recycling rates in city operations and in the community; 2 11. Maintain healthy urban forests; promote tree planting to increase shading and to absorb CO2; and 12. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Coppell, Texas, endorses the U.S. Mayors Climate Protection Agreement as amended by the 73rd annual U.S. Conference of Mayors meeting and urges mayors from around the nation to join this effort. BE IT FURTHER RESOLVED THAT the City Council of the city of Coppell, Texas, will work in conjunction with ICLEI Local Governments for Sustainability and other appropriate organizations to track progress and implementation of the U.S. Mayors Climate Protection Agreement as amended by the 73rd annual U.S. Conference of Mayors meeting. DULY PASSED by the City Council of the city of Coppell, Texas, this the ______ day of ___________________, 2007 APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 3 US Conference of Mayors Climate Protection Agreement Signature Page You have my support for the US Mayors Climate Protection Agreement Date Mayor Signature Address City State Zip Mayors Email Staff Contact Name Staff Contact Title Staff Phone Staff Email Please add my comments in support of the US Mayors Climate Protection Agreement We will add these to the Website optional Please return completed form at your earliest convenience to US Mayors Climate Protection Agreement BvMail clo City of Seattle Office of Sustainability and Environment Seattle Municipal Tower PO Box Seattle WA Bv FaxBv Email john mauro@seattle gov For more Information U S Mayors Climate Agreement U S MAYORS CLIMATE PROTECTION AGREEMENT I Updated November i http www seattle gov mayor climate quotes htm mayors IOFFICIAL LIST DOES NOT YET INCLUDE RICHARDSON WHICH SIGNED IIWashingtonDCAntho lY A Williams AK AnchorageAK Mark Begich AK North Pole AK Jeffrey James Jacobson AK Shishmaref Stanley 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Hammerstad Lori Hollin gsworth Tom Potter Ed Pawlowski John B Callahan Philip B Mitman Richard E Filippi Esq John F Street James E Doyle David N Cicilline Scott Avedisian Joseph P Riley Jr Robert D Coble Knox H White Joseph T McElveen Jr Ron Littlefield Charles Womack Robert Cluck Will Wynn Laura Miller Euline Brock Mary Lib Saleh E Michael Simpson Richard Ward Elizabeth G Betty Flores Bill Whitfield David G Wallace David Sakrison Dana Williams Ross Rock C Anderson of VA VA VA VA VA VT WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WI WI WI WI WI WI WI WI u s Mayors Climate Agreement Alexandria Charlottesville Richmond Virginia Beach Williamsburg Burlington Auburn Bainbridge Island Bellingham Burien Edmonds Everett Issaquah Kirkland Lacey Lake Forest Park Lynnwood Olympia Redmond Renton Sammamish Seattle Shoreline Tacoma Vancouver Ashland Greenfield La Crosse Madison Milwaukee New Berlin Racine River Falls William D Bill Euille David E Brown L Douglas Wilder Meyera E Oberndorf Jeanne Zeidler Peter A Clavelle Peter B Lewis Darlene Kordonowy Mark Asmundson Noel Gibb Gary Haakenson Ray Stephanson Ava Frisinger Mary Alyce Burleigh Virgil Clarkson David Hutchinson Mike McKinnon Mark Foutch Rosemarie M Ives Kathy Keolker Wheeler Michele Petitti Greg Nickels Robert L Ransom Bill Baarsma Royse E Pollard Friedrich P Schnook Michael Neitzke John D Medinger Dave Cieslewicz Tom Barrett Jack F Chiovatero Gary Becker Don Richards of U S Mayors Climate Agreement WI Washburn Friedrich P Schnook WI Wauwatosa Theresa M Estness WI West Allis Jeannette Bell ITotal II il i A total of cities from states plus D C whose populations total more than million of U S Mayors Climate Agreement WI Washburn Friedrich P Schnook WI Wauwatosa Theresa M Estness WI West Allis Jeannette Bell iTotal Ir Ii i A total of cities from states plus D C whose populations total more than million of July Texas Cities Can Fight Global Warming by Arlington Mayor Robert Cluck and Austin Mayor Will Wynn With heat drought air pollution and hurricanes on their minds it s no wonder Texans are worried about the future Increased use offossil fuels isleading to a changed climate but a group of Lone Star cities are rising to the challenge focused on reducing global warming emissions and pointing the way out of our dilemma Everyone has seen how pollution from the energy we use affects air quality in cities throughout the state leading to more smog and more occasions when it s unsafe for children to play outside By early June the Dallas Fort Wortharea had already experienced three code red days When that happens the ozone count isso high it will damage your lungs triggering asthma attacks and other health problems Typically such days don t happen until much later in the summer But at the same time burning fossil fuels also produces carbon dioxide which traps the sun s heat and will in the long run change our climate While no single weather event canbe blamed on global warming the handwriting on the wall is becoming increasingly clear After years and years of this gasbuilding up in the atmosphere we re entering atime of payback Unfortunately we ve received ataste of what we could be facing Despite occasional wet weather drought is taking a toll on agriculture our natural areas and city water systems But a still warmer climate would make things even worse with not only greater stress on water supplies but increased deaths from heat and pollution Stronger hurricanes would hit our coastal cities harder We must take concrete steps now to avoid more serious consequences Unfortunately acommon reaction istothrow up one s hands and say there s nothing we can do Not true Under the auspices ofICLEI Local Governments for Sustainability some Texas cities have begun to take action Austin has instituted a green building program promoted the use of alternative fuels in government vehicles and offers financial incentives for community weatherization measures such as attic insulation solar screens air infiltration and duct sealing Just these three programs will keep us from putting over tons of carbon dioxide into the air each year Arlington meanwhile by applying sensible measures over the last four years has decreased city wide energy use by percent through employing more fuel efficient cars switching to LED traffic lights and encouraging greater energy efficiency in buildings Even little things can add up to big benefits and yield a mancial benefit too On June together with the University of Arlington sSchool of Urban and Public Affairs and ICLEI the Texas Cities for Climate Protection Meeting was held on the campus ofthe University of Texas at Arlington The purpose ofthe gathering was to inform Texas mayors ofthe impacts of a changing climate toair quality and public health and to discuss solutions and actions that will make a difference in the health and well being of Texans The gathering helped the mayors from Texas cities see first hand that we can make a difference we re not helpless even facing something as large as global warming It gave us achance to discuss our common challenges and their potential solutions Many of our choices offer no regrets saving energy and money for city budgets and improving the air quality for those threatened with lung disorders The more city officials and citizens become involved the better off we will be Skeptics will say that we could bewrong about global warming and that we will waste resources and time trying to correct itBut that s actually the best possible outcome because the worst possible outcome one that science ispointing to more strongly every day is that global warming isindeed occurring and if we stick our heads in the sand we will pass a point at which we cannot correct itThen it will be left to our children and grandchildren to fix a far greater problem Indeed that would be a bad legacy to leave to those we love Robert Cluck MD Mayor City of Arlington Posted on the Mayor s Message page of the City of Arlington website http www ciarlington tx us mayor message html WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance January 23, 2007 12 ✔ PROCEDURAL Consider approval of the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2006. The audit firm of Grant Thornton will present the results of the financial audit. Staff recommends acceptance. $CAFR-1AgendaRequest WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ ȱ Parks and Recreation January 23, 2007 13 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding bid No. Q-1106-02, for the construction of Coppell Town Center Plaza, to Northstar Construction, Inc., in the amount of $2,491,700, and authorizing the City Manager to sign the resulting contract. Funds are available in the Park CIP accounts for this project. Award of Bid No. Q-1106-02, to Northstar Construction, Inc. in the amount of $2,491,700.00, and authorizing the City Manager to sign. ^Town Center Plaza -1AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: January 23, 2007 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of award of a bid from Northstar Construction, Inc. for the development of the Coppell Town Center Plaza in the amount of $2,491,700.00, and authorizing the City Manager to sign the resulting contract. Background: Halff & Associates has been working with the city of Coppell for many months to develop a site plan and construction documents related to the creation of a Plaza at the Town Center Commons. The architect was asked to provide a plan for development that would allow for increased pedestrian usage of the area by the addition of an amphitheater, lighted walk paths, open play areas, shaded seating, sustainable landscaping and locations for future sculpture and art displays. The dream is to create a space the community will look to with pride by reflecting on the past, while developing a vision for the future of Coppell. This concept is accomplished with the use of natural or common materials in more contemporary or uncommon applications. For instance, stone, steel and concrete are used in new and interesting methods creating unique experiences throughout the site. The tower, entry monuments and pavilion will be particularly striking and memorable with the combined applications of stone veneering with concrete and steel structural elements. Included also is a water component with fountains located near the stage to create an active element within the plaza. Included in the bid documents are the Base Bid as described above, plus five Alternate Bid Items for a fountain system at the stage (Alt. 1), lighting for this fountain (Alt. 1A), installation of the pavilion structure and cover (Alt. 2, an $80,000 allowance), an alternate to omit the entry monuments (Alt. 3) and an alternate to construct lighting bollards along the pathway (Alt. 4). Bids closed for this project on January 9, 2007 at which time bids from three contractors were opened. Base Bids ranged from a net low of $2,399,000.00 (Northstar Construction), to a net high of $3,330,000.00 (AUI Contractors). The low bidder has demonstrated qualifications with a number of documented successful projects. The architect has worked with this contractor in the past and qualified them for this project, finding no reason not to recommend them for award of this contract. The Purchasing Department received notification from Northstar Construction that they made a mistake on their bid form on Alternate Items 1 and 1A, and cannot perform at the stated price. Therefore, it is recommended that these alternates not be awarded. It is also recommended that Alternate 3 not be awarded, which would eliminate the Entry Monuments. It is recommended that Alternates 2 and 4 be awarded in addition to the base bid. Alternate 2 creates an allowance in the contract of $80,000.00 to construct the pavilion, and Alternate 4 ($12,700.00) adds specialty bollard lighting to the contract to enhance the user experience and provide electrical outlets for various uses. City Council Action requested: This item is to request approval of a bid from Northstar Construction, Inc. and allow staff to enter into a contract for the construction of the Coppell Town Center Plaza in the amount of $2,491,700.00. Staff Recommendation: Approval of this item. Town Center PlazaBid Q-1106-02Bid TabulationJanuary 9, 2007- 2:00 p.m.Northstar Construction, Inc.The Fain Group, Inc.AUI Contractors, L.P.Base Bid$2,399,000.00$2,433,000.00$3,330,000.00ADD Alt. 1$12,000.00$199,619.00$150,000.00ADD Alt. 1A $2,000.00$13,500.00$42,000.00ADD Alt. 2$80,000.00$89,000.00$103,400.00DEDUCT Alt. 3$20,000.00$34,859.00$54,600.00ADD Alt. 4$12,700.00$8,037.00$23,000.00 DATE: January 23, 2007 ITEM #: 14 AGENDA REQUEST FORM CITY MANAGER'S REPORT A. Update on Council Goals. Agenda Request Form - Revised 09/05 Document Name: %manager rept DATE: January 23, 2007 ITEM #: 15 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Governor’s Inauguration. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: January 23, 2007 ITEM #: 16 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Mayor Pro Tem Faught and Councilmembeer York. C. Coppell Seniors – Mayor Pro Tem Faught and Councilmember Brancheau. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee – Councilmembers Peters and Franklin. 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 – Councilmember York. J. North Texas Council of Governments - Councilmember Peters. K. NTCOG/Regional Emergency Management – Councilmember Franklin. L. North Texas Commission - Councilmember Brancheau. M. Senior Adult Services – Mayor Pro Tem Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: January 23, 2007 ITEM #: 17 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork DATE: January 23, 2007 ITEM #: 18 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 23, 2007 Department Submissions: Item No. 9/F was placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Fire Department Item Nos. 9/D & 9/E were placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item No. 13 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 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)