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CP 2008-04-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA APRIL 22, 2008 DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, April 22, 2008, 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. ag042208 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. 2. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; 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. Purchase of real property west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discuss Waste Management Contract. B. Discuss Employee Medical Benefits. C. Discuss Town Center Plaza Time Capsule. D. Discuss Board & Commission Schedule. 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. ag042208 Page 2 of 6 ITEM # ITEM DESCRIPTION 5. Invocation. 6. Pledge of Allegiance. 7. Presentation recognizing Boy Scouts that have completed Eagle Projects with the Coppell Parks and Recreation Department. 8. Presentation to Duke Realty for winning the Best Industrial Deal of the Year for Point West at the Dallas Business Journal Best Real Estate Deals of the Year Award Banquet on February 28, 2008. 9. Consider approval of a proclamation honoring Kathie Gautille for her years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. 10. Consider approval of a proclamation naming Wednesday, April 23 National Secretary/Office Professionals Day, and authorizing the Mayor to sign. 11. Consider approval of a proclamation naming the week of May 4 through May 10, 2008 Municipal Clerks Week, and authorizing the Mayor to sign. 12. Presentation and update on activities of the Coppell Youth Advisory Council. 13. Citizens' Appearances. CONSENT AGENDA 14. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 8, 2008. B. Consider approval of signing an Interlocal Purchasing Agreement between the City of Coppell and the City of Weatherford, and authorizing the Mayor to sign C. Consider approval of an Ordinance abandoning a sanitary sewer easement as described in Exhibit "A" and Exhibit "B" within the Alexander Tract (proposed Alexander Court Subdivision) at the northwest corner of Denton Tap Road and Bethel Road; and authorizing the Mayor to sign. ag042208 Page 3 of 6 ITEM # ITEM DESCRIPTION D. Consider approval of The William T. Cozby Public Library Advisory Board Amended By-Laws as approved by Library Advisory Board on March 13, 2008. END OF CONSENT 15. PUBLIC HEARING: Consider approval of Case No. PD-215R-LI, Victron Energy, a zoning change request from PD-215-LI (Planned Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as revised, to allow red & yellow striping and internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension located along I.H. 635 on 2.34 acres of property within the City of Coppell and the City of Irving, located south of I.H. 635, east of Royal Lane. 16. Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to recreational fees and garbage collection fees and authorizing the Mayor to sign. 17. Mayor and Council Reports. A. Report by Mayor Stover regarding Election Day and Early Voting for the May 10 Election. B. Report by Mayor Stover regarding Relay for Life on April 26 & 27. C. Report by Mayor Stover regarding Regional Mayors Best Practices Conference. D. Report by Mayor Stover regarding Coppell High School government class visit. E. Report by Mayor Stover regarding Pinkerton Elementary School 3rd grade class visit. 18. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa- Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Councilmember Tunnell. ag042208 Page 4 of 6 ITEM # ITEM DESCRIPTION I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Councilmember Franklin. M. North Texas Commission – Councilmember York. N. Senior Adult Services – Councilmember Faught. 19. Necessary action resulting from Work Session. 20. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 18th day of April, 2008, 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. ag042208 Page 5 of 6 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). ag042208 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2007 — 2012 Maintain Sustainable, Financially Sound City Government with Excellent Services • Maintain quality customer service resulting in 90+% customer satisfaction ratings • Ensure adequate resources to support defined services and service levels • Retain reserves consistent with city policy • Invest in the city’s future: operations & capital • Ensure residents are aware of city vision, goals, services and programs Develop & Revitalize Commercial Areas & Corridors • Continue development: corporate offices and major distribution businesses • Revitalize aged or deteriorating strip centers • Maintain and expand business tax base • Develop a quality hotel serving residents and guests • Retain and support expansion of current businesses located in Coppell Maintain & Upgrade City Infrastructure • Maintain and improve quality of roads, alleys, and sidewalks • Improve quality of storm water management systems • Improve and maintain quality of city facilities • Facilitate efficient traffic flow within and through the city • Improve municipal utilities where necessary and maintain existing Develop an Alive Old Coppell – A Community Destination • Develop a community destination: residents think of Old Coppell as a place to go • Attract small, niche retail businesses • Attract more restaurants • Maintain and expand the Farmers’ Market • Attract non-residents to come and return for dining, shopping and entertainment Maintain Attractive, Livable Neighborhoods with Quality Homes • Protect the integrity and identity of current neighborhoods • Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes) • Maintain and increase property values in older homes • Have infill developments that add value to the neighborhood • Have a high percentage of owner-occupied single-family homes Create a City for a Lifetime • Provide leisure and recreational opportunities for all family generations • Maintain a reputation as a safe community for all • Have all generations and diverse populations feel welcome • Maintain top quality schools in partnership with ISD’s • Rejuvenate community events with a high level of participation AGENDA REQUEST FORM DATE: April 22, 2008 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. 2. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; 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. Purchase of real property west of Denton Tap/south of Bethel Road. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: April 22, 2008 ITEM #: WS-3 WORK SESSION A. Discuss Waste Management Contract. B. Discuss Employee Medical Benefits. C. Discuss Town Center Plaza Time Capsule. D. Discuss Board & Commission Interview Schedule. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn M E M O R A N D U M DATE: March 10, 2008 TO: Mayor and City Council FROM: Jim Witt, City Manager SUBJECT: Request from Waste Management to extend franchise agreement through May 2014. Present agreement ends May 2010. We were approached 30 days ago by Waste Management about a possible extension to their franchise agreement. They have provided a “preliminary” proposal for discussion, and the following is a summary of key components. Before proceeding here is some history: *The original agreement with Waste Management was in 1980. The 2000 rate was $10.85 and 2007 rate was $14.14 but included yard waste recycling. Removing that cost from 2007 rate, the apples- to-apples cost was $12.17. This represents an annual increase of 1.6% or 12.3% over the seven years. *Based on the present contract, the rate will be adjusted in April to $14.72 based on CPI. PROPOSAL *Six-year term through May 2014. *Replace plastic recycling bins with 65 gallon cart for recycling. *Move price to $14.87 in June 2008 and hold that price for three years until May 2011. *CPI increases not to exceed 4% in 2012 and 2013. *Increase commercial and roll-off rates by 2% in 2009, 2010 and 2011 and by CPI not to exceed 4% in 2012 and 2013. Mayor and City Council March 10, 2008 Page Two *Offer a “rental” 95 gallon trash or yard trimming cart at $3 per month or two for $5. Minimum 12 months. *Waste Management will provide $10,000 in community support. City direction whether one time or multiple events. *Waste Management will provide 50 special event boxes and 12 roll-offs as in-kind to the City each year for events. *Regarding a natural disaster allocation policy, Waste Management agrees to accept $15,000 in excess costs in responding to storm damage situations. We pay for anything above that. In 2007 Waste Management spent $11,800 in responding to storm damage needs. If the $15,000 is not used, City receives a rebate check for the entire amount or what is left. GENERAL RECOMMENDATION Based on what we have seen so far, the City Manager is supportive. Recent “biddings” of solid waste services has led to confusion in service delivery and reduced services. The proposal seems financially sound and fair. There are some consumer and staff concerns: 1. Replacing the recycling bins with a 65 gallon cart. Need community input. 2. Renting the “95” gallon cart. Not a mandate, but are we setting a precedent? 3. Need to increase special event boxes to not to exceed 100 and roll-offs to 15 for City events. 4. Staff would like to have Waste Management bill all commercial accounts for consistency. 5. Implement permanent senior citizen assistance program. (Call JW for details.) 6. Develop a multifamily complex recycling program. 7. Add additional materials to recycling list. 8. Assess, for sustainability purposes, once a week pickup. JW:kb Collection Frequency Per Week City Trash Recycling Bulky Waste Yard Trimmings Contractor Coppell 2/week 1/week with recycle bin 1/week **1/week Waste Management Carrollton 1/week with cart Every other week with cart 1/week 1/week Allied and has own landfill Grapevine 2/week 1/week with recycle bin 1/week 1/week Allied Irving 2/week 1/week with blue bags 1/week 1/week City and has own landfill Lewisville 2/week 2/month with 64 gallon cart 1/week 2/week Waste Management Flower Mound 1/week 1/week with recycle bin 2/month 2/month Allied Frisco 1/week with 95 gallon cart 1/week with 95 gallon cart 1/month **1/week CWD Plano 1/week with cart Every other week with cart 1/month **1/week City The Colony 1/week with 95 gallon cart 1/week with 95 gallon cart 2/month **1/week summer 2/month winter Allied Farmers Branch 2/week No curbside, bins located in City 1/week 2/week City and has own landfill Little Elm 1/week with 95 gallon cart 1/week with 95 gallon cart 2/month 2/month CWD Highland Village 1/week 1/week with blue bags 1/week **1/week Waste Management Corinth 1/week 1/week Call as needed 1/week Waste Management Dallas 1/week with cart 1/week with cart or blue bags 1/month 1/month City and has own landfill Fort Worth 1/week with cart 1/week with cart 1/month 1/week City and has own landfill Arlington 2/week 1/week with recycle bin 1/week 1/week ADC and has own landfill ** - Yard trimmings are not taken to the landfill The proposal for trash and recycling carts was brought before the Keep Coppell Beautiful Board on March 27, 2008. The board was in complete agreement with one change to the recycling schedule, which would enhance environmental concerns and offset costs. • The recycling cart size should be upgraded to 95 gallons. Recycling should be picked up every other week instead of weekly. The proposal does not include items that are in the current contract, as there is an understanding after talking with John Klaiber, that these items will stay the same. PROPOSAL • Waste Management shall provide, deliver and maintain 95-gallon carts for recycling to each residential customer within the City, Recycling will be picked up every other week. Recyclables will no longer be collected from the 18-gallon bins. After the first six months of the program, the City may ask Waste Management to supply a smaller recycling container, in place of the 95-gallon cart. Waste Management shall provide 25 additional carts per year to the City for the City to distribute as it sees fit. PROPOSAL • Waste Management shall provide, deliver and maintain 95-gallon carts for trash. Trash will be picked up once a week. After the first six months of the program, the City may ask Waste Management to supply a smaller residential trash container. A second or third trash container may be supplied to a resident upon request by the resident. Residents will be charged for additional trash containers. After the first six months of the program, all trash must be placed inside the trash cart. Any trash left outside the carts may not be picked up by Waste Management. After six months, the only items that do not have to be placed in carts are bulky waste, (white goods, furniture and other oversize waste) and properly prepared yard trimmings for recycling. In addition, Waste Management shall provide annual curbside Christmas tree collection. Waste Management shall provide 25 additional carts per year to the City for the City to distribute as it sees fit. PROPOSAL • Waste Management shall continue once a week pick-up for bulky waste and yard trimmings recycling with pick-up being the same weekday as trash and recycling pickup. PROPOSAL • Recycling and trash carts that have been damaged will be exchanged or repaired within 5 working days of notification to Waste Management. If the damage is not due to Waste Management servicing or a defect in materials and/or workmanship, a fee may be charged to the customer. Waste Management will exchange containers as needed to maintain a good appearance considering normal wear, and weathering. PROPOSAL • Contract with Waste Management shall have a six year term. PROPOSAL • Waste Management shall provide the City of Coppell $10,000 per year in community support. PROPOSAL • Waste Management would include a “natural disaster resource allocation” policy. This will provide that Waste Management accepts the exposure to the first $15,000 of “excess costs” in responding to a disaster. In the event the City does not use the full amount of this policy, Waste Management will issue a check to the City for the difference between the $15,000 and the amount actually used in that given contract year. PROPOSAL • Seniors and handicapped persons residing alone or with other seniors or handicapped persons that are unable to roll the carts to the end of the drive will be rolled to the truck by Waste Management at no extra charge. PROPOSAL • Waste Management shall help develop a program for multi-family recycling within a specified time frame. PROPOSAL • Upon mutual consent between the city and the contractor, other recyclable materials may be added for collection and disposal as recyclable materials, as recyclable markets for those materials are established PROPOSAL • Waste Management shall bill all commercial accounts. The following is the proposed schedule for Board & Commission Interviews. Please let us know if you wish to make any changes by April 9th. If you are comfortable with this schedule, we will put these interview dates and times on the Application Form and go to print on April 10th. Tuesday, August 5 - American Red Cross Representative Monday, August 11 - Park Board Monday, August 18 - Board of Adjustment Tuesday, August 19 - Keep Coppell Beautiful Wednesday, August 20 - Economic Development Committee Wednesday, August 27 - Planning & Zoning Commission Thursday, August 28 - Library Board No one on Special Counsel or Conduct Review Board is up this year. And we did not list for Animal Services because only the veterinarian is up this time and Heather is calling Dr. Garfield to see if he wants to remain in that position. The other item we will need to know is if you want to only interview #1 choices for boards who have more than 20 applicants. 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 Parks and Recreation April 22, 2008 7 ✔ PRESENTATION Presentation recognizing Boy Scouts that have completed Eagle Projects with the Coppell Parks and Recreation Department. Ethan Janis, Troop #8888 Duck Pond Park Erosion Control Charles Harvey, Troop #840 Bird Safety Islands in Ponds Jonathan Barry, Troop #842, Five Martin Houses Michael Palmer, Troop #842 Shaun McCaffrey, Troop #842, CFM Bulletin Board Richard Olney, Troop#842, Garden Arbor Jason Orr, Troop #827, Arbor Pavestone Surface Chase Williams, Troop 842, Texas SmartScape at CFM Adam Adenwala, Troop #841 and Chase Lucero, Troop #841, CNP Signs Zach Nelson, Troop #841, Blue Bird Houses ^Eagle Scout - 1AR 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 City Manager's Office April 22, 2008 8 ✔ PRESENTATION Presentation to Duke Realty for winning the Best Industrial Deal of the Year for Point West at the Dallas Business Journal Best Real Estate Deals of the Year Award Banquet on February 28, 2008. The Dallas Business Journal holds an annual awards banquet to honor the best real estate deals of the year. Awards are given for projects in numerous categories, and Duke won for Point West as the Best Industrial Deal of the Year for 2007. No action necessary. !Duke Presentation 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 City Manager April 22, 2008 9 ✔ PROCLAMATION Consider approval of a proclamation honoring Kathie Gautille for her years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. !Gautille PROCLAMATION WHEREAS, Kathie Gautille has served the Coppell community on the Board of Trustees for Coppell Independent School District since May 1996, and has served as president since May 2004; and WHEREAS, during that time CISD opened five new elementary schools and one middle school, hired a new superintendent, and has designed Coppell New Tech High to open in the fall of 2008; and WHEREAS, Kathie has worked on the Legislative Council for the Texas Association of School Boards, is Secretary to the North Texas Area Association of School Boards, and a member of the Grassroots Advocacy Network and a Master Trustee; and WHEREAS, during her strong participation and leadership on the CISD Board, Coppell schools have excelled through the expansion of dual credit, and an increase in the number of students taking AP tests, which combined saved CISD parents $3.2 million in State tuition last year; and WHEREAS, through Kathy Gautille’s dedication, self-sacrifice, and commitment to her community, Coppell schools continue to be recognized throughout the Metroplex and State. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, on behalf of the City Council, hereby extend our sincere thanks and appreciation to Kathie Gautille for her efforts to sustain a cooperative relationship between the CISD and the City of Coppell so our community will continue to be a location of choice for people wanting to raise a family. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of April 2008. ______________________________________________ Douglas N. Stover, Mayor ATTEST: _________________________ Libby Ball, City Secretary 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 April 22, 2008 10 ✔ PROCLAMATION Consider approval of a proclamation naming Wednesday, April 23 NATIONAL SECRETARY/OFFICE PROFESSIONALS DAY, and authorizing the Mayor to sign. Staff recommends approval. !Secretary PROCLAMATION WHEREAS, Wednesday, April 23 is set aside to honor all Office Professionals in conjunction with National Professional Secretary's Day; and WHEREAS, the city of Coppell is proud of the dedication and hard work of their Secretaries and Office Professionals; and WHEREAS, our Secretaries and Office Professionals are primarily responsible for keeping our City running effectively and efficiently; and WHEREAS, the city of Coppell extends special thanks to all the Secretaries and Office Professionals in the organization. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby proclaim Wednesday, April 23 as "NATIONAL SECRETARY'S/OFFICE PROFESSIONAL'S DAY" in the city of Coppell, and encourage all Directors and Supervisors to recognize these employees as the professionals they truly are. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of April 2008. ____________________________ Douglas N. Stover, Mayor ATTEST: ___________________________ Libby Ball, City Secretary 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 April 22, 2008 11 ✔ PROCLAMATION Consider approval of a proclamation naming the week of May 4 through May 10, 2008 MUNICIPAL CLERKS WEEK, and authorizing the Mayor to sign. Staff recommends approval. !MunicipalClerk PROCLAMATION WHEREAS, The office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and WHEREAS, The office of the Municipal Clerk is the oldest office among public servants; and WHEREAS, The office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishment of the office of the Municipal Clerk. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do recognize the week of May 4 through May 10, 2008, as "MUNICIPAL CLERKS WEEK" and further extend appreciation to our Municipal Clerk, Libby Ball, and Deputy Municipal Clerk Christel Pettinos, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of April 2008. ________________________________________ Douglas N. Stover, Mayor ATTEST: _____________________________ Libby Ball, City Secretary 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 Parks and Recreation April 22, 2008 12 ✔ PRESENTATION Presentation and update on activities of the Coppell Youth Advisory Council. No action required ^YAC Update - 1AR AGENDA REQUEST FORM DATE: April 22, 2008 ITEM #: 13 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 April 22, 2008 14/A ✔ PROCEDURAL Consider approval of minutes: April 8, 2008. Minutes of the City Council meeting held on April 8, 2008. Staff recommends approval. %minutes cm040808 Page 1 of 13 MINUTES OF APRIL 8, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 8, 2008 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 Mayor Pro Tem Brianna Hinojosa-Flores Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Councilmember Bill York 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 began the meeting with a presentation and ceremony regarding the ISO Rating for the City of Coppell. Presentation: Kevin Richardson, Fire Chief, made a presentation to the Council. Phillip Bradley, Manager of Texas Insurance Service Office, made a presentation to the Council. Jesse Williams, State Fire Marshal’s Office, made a presentation to the Council. Following the presentation, a reception was held in the atrium, after which Mayor Stover convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session cm040808 Page 2 of 13 A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. 2. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; 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. Purchase of real property west of Denton Tap/south of Bethel Road. 2. Oil and Gas Lease of City-owned property. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 7:02 p.m. and opened the Regular Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Waste Management Franchise and Services. B. Discussion regarding Board & Commission Schedule. C. Discussion of Agenda Items. Due to time constraints, the Work Session was cancelled. cm040808 Page 3 of 13 REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Chaplain Steve Calvert, Coppell Fire Department, led those present in the Invocation. 6. Pledge of Allegiance. Matthew Freese and members of Troops 807 and 841 led those present in the Pledge of Allegiance. 7. Presentation by Becky Ratliff regarding Project Graduation. Presentation: Becky Ratliff made a presentation to the Council regarding Project Graduation. 8. Presentation of Memorandum of Support for the Coppell Nature Park, from North Lake College and the Friends of Coppell Nature Park. Presentation: Dr. Herlinda Glasscock and Dr. Paul Keleman made a presentation to Council regarding a Memorandum of Support from North Lake College. Students Tara Ferguson and Sid Nivas made a presentation to Council regarding the Coppell Nature Park. 9. Consider approval of a proclamation naming the month of April 2008 as Cancer Awareness Month, and authorizing the Mayor to sign. cm040808 Page 4 of 13 Presentation: Mayor Stover read the proclamation for the record and presented the same to Mike Dunn. Valerie Brunson and Jackie Brainerd spoke about Pink Soles in Motion and the 3-Day Walk for Breast Cancer. Action: Councilmember Peters moved to approve a proclamation naming the month of April 2008 as Cancer Awareness Month, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa- Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 10. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 11. Consider approval of the following consent agenda items: A. Consider approval of minutes: March 25, 2008. B. Consider approval of a resolution ratifying the incorporation of the Coppell Economic Development Foundation, providing for ratification of past acts of the Foundation for and on behalf of economic development in the City, and authorizing the Mayor to sign. C. Consider approval of the Camp-Do-It-All Standards of Care and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. S- 1238R-C, Kegs N Cellar, a zoning change from S- 1238-C (Special Use Permit-1238-Commercial) to S- 1238R-C (Special Use Permit-1238 Revised- cm040808 Page 5 of 13 Commercial) to allow an additional 23-square-foot attached sign on the west elevation in addition to the two existing attached signs for the 2,850-square- foot convenience/retail store located at 777 S. MacArthur Blvd., #413 and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S- 1245-TC, DeVine Cellars, a zoning change from TC (Town Center) to S-1245-TC (Special Use Permit- 1245-Town Center), to allow the operation of a 2,272-square-foot retail/convenience store and restaurant, located in the Town Center Addition, along the east side of Denton Tap Road north of Town Center Blvd and authorizing the Mayor to sign. F. Consider approval of an Ordinance for two text amendments to the Coppell Zoning Ordinance; Sec. 12-29-3.3 adding “(P) Signs which advertise or refer to the sale or consumption of alcoholic beverages by words or symbols” to types of signs are specifically prohibited, and Sec. 12-29-4.3(A)i, requiring individually mounted letters in the industrial districts and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B carrying Resolution No. 2008-0408.1, and C, D carrying Ordinance No. 91500-A-496, and E carrying Ordinance No. 91500- A-493, and F carrying Ordinance No. 91500-A-494. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. PD-215R-LI, Victron Energy, a zoning change request from PD-215-LI (Planned Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as cm040808 Page 6 of 13 revised, to allow red & yellow striping and internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight- foot tower extension located along I.H. 635 on 2.34 acres of property within the City of Coppell and the City of Irving, located south of I.H. 635, east of Royal Lane. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council, and indicated the applicant would like to postpone this item until April 22 Council meeting. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 8:16 p.m. Mayor Stover adjourned the Executive Session at 8:43 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Tunnell moved to postpone this item until April 22 and leave the Public Hearing open. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 13. Consider approval of the Rolling Oaks Memorial Center, Lot 1, Block A, Minor Plat, to dedicate right-of-way, establish fire lanes and easements for Phase 1 cm040808 Page 7 of 13 development of the memorial center (SUP-1244-LI) on approximately 15.5 acres of property located at the northeast corner of Freeport Parkway and Ruby Road (400 S. Freeport Parkway). Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Faught moved to approve the Rolling Oaks Memorial Center, Lot 1, Block A, Minor Plat, to dedicate right-of- way, establish fire lanes and easements for Phase 1 development of the memorial center (SUP-1244-LI) on approximately 15.5 acres of property located at the northeast corner of Freeport Parkway and Ruby Road (400 S. Freeport Parkway). Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. At this time, Item 18 was considered. Please see Item 18 for the minutes. 14. PUBLIC HEARING: Consider approval of Case No. PD-209R-C, TownOaks Centre, zoning change request from PD-209-C (Planned Development-209-Commercial) to PD-209R-C (Planned Development-209 Revised-Commercial) to allow an increase in the allowable size of a proposed attached sign from 25.6 square feet to 64.7 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Alen Hinkley, applicant, addressed the Council. cm040808 Page 8 of 13 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 approve Case No. PD-209R-C, TownOaks Centre, zoning change request from PD-209-C (Planned Development-209-Commercial) to PD- 209R-C (Planned Development-209 Revised-Commercial) to allow an increase in the allowable size of a proposed attached sign from 25.6 square feet to 51.9 square feet, for Tuesday Morning, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road, subject to the following conditions: 1) The sign shall be removed within 30 days of this lease space being vacated. 2) All future signage that is not in compliance with the regulations of the Sign Ordinance shall require an amendment to this Planned Development District. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change request from PD- 222-LI (Planned Development-222-Light Industrial) to PD- 222R2-LI (Planned Development-222 Revision 2-Light Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm040808 Page 9 of 13 Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Tunnell moved to close the Public Hearing approve Case No. PD-222R2-LI, Duke Lesley Addition Lot 2, Block A, zoning change request from PD-222-LI (Planned Development-222- Light Industrial) to PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to amend the PD conditions to allow for attached building signage which exceeds the size and number requirements of the Zoning Ordinance for Hemispheres, located along the north side of Dividend Drive, approximately 1,200 feet west of S. Belt Line Road. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa- Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 16. Consider approval of an Ordinance for Case No. PD-223R- C, Chase Bank (Kimbel Addition), a zoning change from PD-223-C (Planned Development-223-Commercial) to PD- 223R-C (Planned Development-223 Revised-Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive- thru lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Franklin moved to approve Ordinance No. 91500- A-495 for Case No. PD-223R-C, Chase Bank (Kimbel Addition), a zoning change from PD-223-C (Planned Development-223- Commercial) to PD-223R-C (Planned Development-223 Revised- Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three drive-thru cm040808 Page 10 of 13 lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 4-2 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Faught and Franklin voting in favor of the motion and Councilmembers Peters and Tunnell voting against the motion. 17. Consider approval of awarding Bid/Contract # Q-0108-01 to Tiseo Paving Company, for the construction of the Coppell Road Project #ST 00-03 (Sandy Lake Road to Cooper Lane), in an amount of $3,057,846.30, as provided for in CIP funds; and authorizing the City Manager to sign. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Councilmember Franklin moved to approve the award of Bid/Contract # Q-0108-01 to Tiseo Paving Company, for the construction of the Coppell Road Project #ST 00-03 (Sandy Lake Road to Cooper Lane), in an amount of $3,057,846.30, as provided for in CIP funds; and authorizing the City Manager to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 18. Consider approval to award Bid Q-0208-01 Rolling Oaks Memorial Center Cemetery to The Fain Group in the amount not to exceed $2,945,000.00 per budgeted in CIP funds. Including agreement with Stewart Enterprises for construction allocation schedule costs in the minimum amount of $261,533.00 and requiring City Manager to sign. cm040808 Page 11 of 13 Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Bid Q-0208-01 Rolling Oaks Memorial Center Cemetary to The Fain Group in the amount not to exceed $2,945,000, and including the agreement with Stewart Enterprises for construction allocation schedule costs in the minimum amount of $295,748.00. Councilmember Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 19. Consider approval of accepting the resignation of Mahesh Guduru from the Library Board and appointing a new member to fill the unexpired term. Action: Councilmember Tunnell moved to approve the resignation of Mahesh Guduru from the Library Board and appointing Nancy Tao to fill the unexpired term. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa- Flores and Councilmembers Brancheau, Peters, Tunnell, Faught and Franklin voting in favor of the motion. 20. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors Meeting. B. Report by Mayor Stover regarding Carter BloodCare Drive. A. Mayor Stover reported on his attendance at the Metroplex Mayor’s Meeting. Speaker Michael Morris, Director of Transportation for NCTCOG, gave updates on the transportation concerns in the area. B. Mayor Stover announced a community Blood Drive with CarterBloodCare April 22 at Town Center from 7-4 p.m. benefitting Coppell citizen Caden Ledbetter. Councilmember cm040808 Page 12 of 13 Peters thanked Ken Griffin and his department for the years of work coordinating the blood drives. At this time, Mayor Stover reconvened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 21. Reconvene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. 2. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; 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. Purchase of real property west of Denton Tap/south of Bethel Road. 2. Oil and Gas Lease of City-owned property. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Mayor Stover reconvened into Executive Session at 9:55 p.m. Mayor Stover adjourned the Executive Session at 10:39 p.m. and reopened the Regular Session. 22. Necessary action resulting from Work Session. There was no action necessary under this item. cm040808 Page 13 of 13 23. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary 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 Human Resources April 22, 2008 14/B ✔ CONTRACT/BID or PROPOSAL Consider approval of signing an Interlocal Purchasing Agreement between the City of Coppell and the City of Weatherford, and authorizing the Mayor to sign The City of Weatherford has requested an Interlocal Agreement between the two cities to utilize The City of Coppell's contract for Concrete Slab Raising Services. This agreement satisfies the provisions of Section 271.102 of the Local Government Code establishing a cooperative purchasing program between the City of Weaterford and The City of Coppell. Staff recommends approval & Interlocal Weatherford- 1AR COOPERA TIVE PURCHASING INTERLOCAL AGREEMENT This Cooperative Purchasing lnterlocal Agreement ("Agreement")is made and entered into as of the date written below between the City of Coppell,Texas ("Coppell")and the City of Weatherford,Texas ("Weatherford"). WHEREAS,both Coppell and Weatherford have each determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing;and WHEREAS,Coppell and Weatherford are authorized by Section 271.1 02 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs; NOW,THEREFORE,for and in consideration of the mutual obligations and benefits contained herein,Coppell and Weatherford agree as follows: SECTION 1.The purpose ofthis Agreement is to provide Coppell and Weatherford with additional purchasing options by satisfying the provisions of Section 271.I 02 of the Local Government Code. SECTION 2.The parties agree that each of the parties shall respectively designate a person to act under the direction of,and on behalf of,the designating party (the "Designated Representative"). SECTION 3.At the request of the other party,a party that enters into a contract with a vendor for goods or services (the "First Purchasing Party")shall attempt to obtain the vendor's agreement to offer those goods and services to the other party (the "Second Purchasing Party")for the same price and on the same terms and conditions as have been offered to the First Purchasing Party.If the vendor so agrees,and if the Second Purchasing Party is agreeable to such terms and conditions,the Second Purchasing Party may enter into its own separate contract with the vendor for the purchase of such goods or serVIces. SECTION 4.Unless otherwise agreed between the Designated Representatives, payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing Party.The Second Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor,including but not limited to those relating to the quality of items and terms of delivery,and shall be responsible for enforcement of its contract against the vendor,including all costs of enforcement. SECTION 5.This Agreement will be subject to all applicable federal,state and local laws,ordinances,rules and regulations. Page 1 of3 20979 SECTION 6.This Agreement may be terminated by either party,without cause or penalty,upon not less than thirty days'written notice to the other party. SECTION 7.The parties acknowledge that each party and,if it has so chosen,its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION 8.If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Dallas County,Texas or the United States District Court for the Northern District of Texas -Dallas Division.This Agreement shall be construed in accordance with the laws of the State of Texas. SECTION 9.If any term or provision of this Agreement is held to be illegal,invalid or unenforceable,the legality,validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby,and in lieu of each such illegal,invalid or unenforceable term or provision,the parties shall endeavor to agree to a legal,valid or enforceable term or provision as similar as possible to the term or provision declared illegal,invalid or unenforceable. SECTION 10.Execution of this Agreement does not obligate Coppell or Weatherford to make any purchase,to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTION 11.This Agreement may be executed in multiple counterparts,each of which shall be deemed an original,and all of which shall constitute but one and the same instrument. SECTION 12.The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 13.All notices,requests,demands,and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof,as the case may be, if delivered personally or sent by registered or certified mail,return receipt requested, postage prepaid,to the respective city representative set out below,or his/her designee. Page 2 of3 20979 ·J5 ~j~1LEXECUTEDt11\S day of /1'Lt<LAI 2008. CITY OF COPPELL 255 Parkway Boulevard Coppell,Texas 75019 Doug Stover Mayor City Secretary's Office: City Secretary DATE _ CITY OF WEATHERFORD 303 Palo Pinto Street Weatherford,TX 76086 ~ .-'--""""~ Je .er Fad n City Manage Approved as to Form and Legalit",,0 City Attorney's Office: City Attorney Page 3 of 3 20979 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 Engineering April 22, 2008 14/C ✔ ORDINANCE Consider approval of an Ordinance abandoning a sanitary sewer easement as described in Exhibit "A" and Exhibit "B" within the Alexander Tract (proposed Alexander Court Subdivision) at the northwest corner of Denton Tap Road and Bethel Road; and authorizing the Mayor to sign. Approval of this Ordinance will allow the abandonment of the City's rights in a sanitary sewer easement across the property at the northwest corner of Denton Tap Road and Bethel Road, commonly referred to as the Alexander Tract. Approval will allow the development of the tract as residential property. Staff recommends approval of the ordinance. #Easement Abandonment "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: April 22, 2008 RE: Consider approval of an Ordinance abandoning a sanitary sewer easement as described in Exhibit "A" and Exhibit "B" within the Alexander Tract (proposed Alexander Court Subdivision) at the northwest corner of Denton Tap Road and Bethel Road; and authorizing the Mayor to sign. In 1986 the City of Coppell obtained a 20-foot sanitary sewer easement across the property at the northwest corner of Denton Tap and Bethel roads, commonly referred to as the Alexander Tract. This property is in the process of being platted as the “Alexander Court” subdivision and the developer has requested the abandonment of the existing sanitary sewer easement. When the City constructed main lines across this part of Coppell in 1993 and 1994, the need for the existing sanitary sewer line across the Alexander Tract was negated. The City left the existing sewer line easement in place in the event the developer chose to utilize it to provide sewer service to future development. The developer has chosen to install new 8-inch sanitary sewer lines within street rights-of-way and discharge those lines into a newer portion of sanitary sewer line also constructed in the 1993-94 timeframe in Denton Tap Road north of Bethel Road. With the newer sanitary sewer lines, the need for this easement and existing sewer line no longer exists. During development of the property, the developer has cut the old sewer line within the easement and plugged the ends of it. However, the existing 12-inch clay pipe has been left in the ground. Because the City no longer has a need for this portion of sewer line and the developer has rerouted the sanitary sewer that will serve his property, the City of Coppell offers no objection to the abandonment of the 20-foot sanitary sewer easement across the proposed Alexander Court subdivision. Staff recommends approval of the ordinance and will be available to answer questions at the Council meeting. ORDINANCE NO AN ORDINANCE OF THE CITY OF COPPELL TEXAS ABANDONING AN EASEMENT AS DESCRIBED IN EXHIBIT A AND EXHIBIT B RESERVING ALL EXISTING EASEMENT RIGHTS OF OTHERS IF ANY WHETHER APPARENT OR NON APPARENT AERIAL SURFACE UNDERGROUND OR OTHERWISE PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY TEXAS AS A QUITCLAIM DEED AND PROVIDING AN EFFECTIVE DATE WHEREAS the City Council of the City of Coppell desires to abandon an easement described in Exhibit A and Exhibit B and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL TEXAS SECTION 1 The City of Coppell hereby abandons and quitclaims in favor of the easement described in Exhibit A and Exhibit B attached hereto and made a part hereof for all purposes the same as if fully copied herein subject to all existing easement rights of others if any whether apparent or non apparent aerial surface underground or otherwise SECTION 2 That said easement is abandoned vacated and closed insofar as the right title and interest of the public to such are concerned That the City of Coppell does not abandon any other interest other than that described in Exhibit A and Exhibit B but does hereby abandon all of its right title and interest in and to that certain tract of land described in Exhibit A and Exhibit B either in fee simple or by easement or otherwise together with any and all improvements thereon subject to the limitations and reservations stated herein SECTION 3 The City Secretary is authorized and directed to prepare a certified copy of this ordinance and the recording of this abandonment ordinance in the real property records of Dallas County Texas shall serve as the quitclaim deed of the City of Coppell Texas in and to the easement described in Exhibit A and Exhibit B subject to the limitations and reservations ofthis ordinance SECTION 5 This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide DUL Y PASSED by the City Council of the City of Coppell Texas on the day of 2008 APPROVED MAYOR ATTEST CITY SECRETARY APPROVED AS TO FORM CITY ATTORNEY P D B L I I L tO Ol o Z J J C tJ rr1 C g 0 0 o C O Or o 0 C 0 0 O 0 U JJ 0 U O TIoN r IIOOy00011 0 gj Ou001 C g j J1 I J I rr1 CO 0 Q O 0 JJJIg3 CDIJ Vol r o o C J r Pro No 8371 SS Sketch SCAlE 1 100 OWN JWB DATE 08 29 07 J W ANDERSON SURVEY A 18 r T 2 i I CIl oi Ij I t 1 N q 2 o III o p g UCJICOioo oJ P oJ C b Dolll o g II C oaO IIi IO N l 3 o E I I Oll00 O 0 cDtJNll 00JI00goo p o t101 0 DO 0 T 5 i SOUTH DENTON TAP ROAD rl o l EI CJj tJ 00 o 0 o E f c 0 g o g Q CD 1i5 S o lJC o ib 5 p CD II I o 0 tt tl tt tIIIIIII Z OlOlUN P ZIIlIllZ2 IIlZ g UtN0 uID g g 8lri 3 II 111 II DIa 1T1E 111 EE E NNoJN O D oooOl iii u c c c qV Cl V Cl Sempco Surveying Inc 3208 S Moin St Ft Worth TX 76110 817 926 7876 SHEET NO EXHIBIT A see attached field notes EXHIBIT B SANITARY SEWER ABANDONMENT All that certain parcel of land being a portion of that certain 20 foot wide Sanitary Sewer Easement conveyed to the City of Coppell by the deed recorded in Volume 68079 Page 92 Deed Records Dallas County Texas D R D Co Tx and being more particularly described by metes and bounds as follows BEGINNING at a point the bears North 89 degrees 29 minutes 11 seconds East 79 54 feet from the Southwest corner of that certain 18 506 acre tract of land conveyed to Mira Mar Dev Corp by Document 200600465947 D R D Co Tx said point being in the North Right of Way RW line of West Bethel Road THENCE North 23 degrees 20 minutes 58 seconds West 47 38 feet to a point THENCE South 71 degrees 34 minutes 00 seconds West 76 63 feet to a point in the West line of said 18 506 acre tract THENCE North 30 degrees 52 minutes 12 seconds West with said line 2048 feet to a point THENCE North 71 degrees 34 minutes 00 seconds East 79 32 feet to a point THENCE North 23 degrees 20 minutes 58 seconds West 315 99 feet to a point THENCE North 64 degrees 55 minutes 00 seconds East 449 31 feet to a point THENCE South 76 degrees 25 minutes 46 seconds East 758 14 feet to a point in the East line of said 18 506 acre tract and RW line of South Denton Tap Road THENCE South 00 degrees 39 minutes 30 seconds East with said line 20 63 feet to a point THENCE North 76 degrees 25 minutes 46 seconds West 756 19 feet to a point THENCE South 64 degrees 55 minutes 00 seconds West 422 89 feet to a point THENCE South 23 degrees 20 minutes 58 seconds East 37246 feet to a point in Said North RW line of West Bethel Road THENCE South 89 degrees 29 minutes 11 seconds West with said line 2170 feet to the Point of Beginning containing in all some 0 757 acre of land 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: Library April 22, 2008 14/D ✔ PROCEDURAL Consider approval of The William T. Cozby Public Library Advisory Board Amended By-Laws as approved by Library Advisory Board on March 13, 2008. Approval of amended Library Board By-Laws changing, Article III Section 5 to appoint Youth Advisors in the seventh (7th) through eleventh (11th) grade from seventh(7th) through twelfth (12th) grade. Staff recommends approval. +Bylaws-1ARconsent March 13, 2008 AMENDED BYLAWS OF WILLIAM T. COZBY PUBLIC LIBRARY BOARD ARTICLE I NAME The name of the organization shall be the William T. Cozby Library Board, herein referred to as "the Board". ARTICLE II INTENT SECTION 1: The Board shall act in an advisory capacity to the City Council. ARTICLE III OFFICERS SECTION 1: The Chairperson, Vice-Chairperson shall be elected during the October Board meeting each year for a one (1) year term. In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to temporarily assume the duties of that office until the next regular meeting at which time an election will be held to fill such vacancy. SECTION 2: The Chairperson shall preside at all meetings of the Board. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Board shall elect a Chair-Pro Tern. SECTION 3: The Recording Secretary of the Board shall be a staff member named by the City Manager or his designee. The Recording Secretary shall prepare and maintain minutes of all Board meetings. SECTION 4: The Board shall be composed of seven (7) regular members appointed by City Council in October, each of which shall be appointed for two-year staggered terms, four (4) members’ terms expiring in even-numbered years and three (3) members’ terms expiring in the odd-numbered years. Two (2) alternate members shall be appointed for two-year staggered terms, one (1) member’s term expiring in even-numbered years and one (1) member’s term expiring in the odd-numbered years. Each member shall be a qualified voter in the city and shall have been a resident of the City for at least twelve (12) months preceding the date of appointment. Members shall be appointed by the City Council in accordance with the rules and regulations governing Board appointments. SECTION 5: The Board shall also include two (2) non-voting, youth advisors which shall be appointed for one year. Youth advisors shall have been a resident of the City for at least twelve March 13, 2008 (12) months preceding the date of appointment and shall be in the seventh (7th) through eleventh (11th) grade. ARTICLE IV MEETINGS SECTION 1: Regular monthly meetings of the Board will be held on the second (2nd) Thursday of each month at 7:00 p.m. in the Library Board Room of the William T. Cozby Public Library, 177 Heartz, Coppell, Texas, unless designated. The Board shall hold such special meetings as shall be called by the Chairperson or upon written request of at least two (2) members of the Board or at the request of the City Council. SECTION 2: The order of business for each meeting shall be as contained in an agenda prepared by the Library Director or designated representative and the Board Chairperson. Any board member or citizen of Coppell may submit items to the Chairperson or Library Director to be considered for the agenda. SECTION 3: All meetings require a quorum of regular members, exclusive of advisory members to be present. SECTION 4: Five (5) regular members of the Board shall constitute a quorum for the purpose of transaction of business, and no action of the Board shall be valid or binding unless adopted by an affirmative vote of four (4) or more members of the Board unless otherwise authorized by the laws of the State of Texas. SECTION 5: All meetings of the Board shall be open to the public unless otherwise permitted by law and shall be subject to the Open Meetings Act. SECTION 6: The Board shall submit to the City Council a copy of the minutes of each regular and special meeting with a list of any members absent from such meetings. SECTION 7: If a regular Board member is absent for three (3) consecutive regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12 month period, said member shall be removed from the Board, and the City Council will fill the unexpired term. SECTION 8: If a youth advisor has three (3) unexcused absences from regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12 month period, said youth advisor may be removed from the Board, and the City Council may fill the unexpired term. SECTION 9: Should any member of the Board choose to abstain from voting on any question before the Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Board in the official minutes of the Board. March 13, 2008 ARTICLE V POWERS AND DUTIES SECTION 1: The Board shall have the following powers and perform the following duties: A. Abide by applicable ordinances of the City of Coppell and follow the rules and regulations prescribed by the City Council for the conduct of its business. B. Adopt bylaws governing board actions, proceedings, and deliberations, subject to approval by the City Council. C. Act in an advisory capacity to the City Council, City Manager and Library Director in matters pertaining to library services. D. Promote library services to the community and cooperate with other governmental agencies and civic groups in the advancement of library services. E. Review and/or recommend policies to govern the operation program of the library. F. Assist in interpreting the policies and functions of the Library Department to the public. G. Review the effectiveness of library services with the Library Director. H. Assist in long-range planning and give input for improvement and expansion of library services and facilities and review and make recommendations to the City Council regarding the library’s master and five-year plans. I. Unless deferred, provide semi-annual Library Board reports to the City Council regarding its goals and objectives and its input for future library services. ARTICLE VI AMENDMENT SECTION 1: These bylaws may be amended only by majority vote of the members of the Board, and approval of the City Council. 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 PLANNING April 22, 2008 15 ✔ PUBLIC HEARING Consider approval of Case No. PD-215R-LI, Victron Energy, a zoning change request from PD-215-LI (Planned Development-215-Light Industrial) to PD-215R-LI (Planned Development-215 Revised-Light Industrial) as revised, to allow red & yellow striping and internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension located along I.H. 635 on 2.34 acres of property within the City of Coppell and the City of Irving, located south of I.H. 635, east of Royal Lane. The following P&Z conditions remain outstanding: 1. Revise the tower signage to include only an 8’ x 8’ internally illuminated shell. (No modifications made to the tower signage proposal) 2. Eliminate the canopy modifications from the proposal. (The yellow/red stripe has been eliminated from the proposal; however, the internally illuminated red signage remains) This will require a 3/4 vote of the City Council to overrule P&Z Commission's recommendation that included eliminating the white background from the 8'x8' tower signs and eliminating the canopy striping and signage. On February 21, 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0), subject to the above-stated conditions. Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. On April 8, 2008, City Council unanimously approved to hold this case under advisement until April 22, 2005 (6-0). Staff recommends APPROVAL. @01 PD-215R-LI, Victron Energy 1-AR ITEM #6 PAGE 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No. : PD-215R-LI, Victron Energy P&Z HEARING DATE: January 17, 2008 (Held under advisement until the February 21 hearing) C.C. HEARING DATE: February 12, 2008 (Rescheduled for the March 11 Council meeting) STAFF REP: Matt Steer, City Planner LOCATION: South of I.H. 635, east of Royal Lane SIZE OF AREA: 2.34 acres of property CURRENT ZONING: PD-215-LI (Planned Development-215-Light Industrial) PREVIOUS REQUEST: Zoning change request to PD-215R-LI (Planned Development-215 Revised-Light Industrial) to allow a red & yellow canopy with a sign and a 40-foot tall pole sign to be located along I.H. 635. REVISED REQUEST: Zoning change request to PD-215R-LI (Planned Development-215 Revised-Light Industrial) to allow red & yellow striping and internally illuminated red signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension. APPLICANT: Applicant: The Ratliff Group, LLC Bennett Ratliff P.O. Box 949 Coppell, Texas 75019 Phone: 972.915.0000 Fax: 972.462.0020 ITEM #6 PAGE 2 of 4 HISTORY: In February 2002, City Council approved a request by the current property owner to abandon the right-of-way for Cotton Road, which previously abutted this property to the south. One-half of the right-of-way was acquired by the property owner to the north and the remaining one-half to the property owner to the south, DFW Airport. During this abandonment process, all utility companies were contacted. All signed off with no conditions except for TXU (which was Oncor at that time), who requested an easement be retained due to the active facilities that were within this right-of-way. This abandonment action increased the size of the subject tract by approximately 0.3902 of an acre or 16,995 square feet. In August 2006, a minor plat and rezoning from LI (Light Industrial) to PD-215-LI (Planned Development 215-Light Industrial) was approved for this site resulting in the development of a 4,248-square-foot convenience store, 1,414-square-foot restaurant and a 5,104-square-foot canopy over six gas pumps. The existing billboard on the northwest corner of the site was allowed to remain, although staff had recommended its removal. TRANSPORTATION: Lyndon B. Johnson Freeway (IH-635) is a freeway with variable width right-of-way. Royal Lane is designated as a 6-lane divided thoroughfare with 110’ right-of-way. SURROUNDING LAND USE & ZONING: North – Lyndon B. Johnson Freeway (IH 635, LBJ Freeway) East – Lyndon B. Johnson Freeway (IH 635, LBJ Freeway) South – Undeveloped; DFW Airport Property West – Undeveloped; DFW Airport Property COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light Industrial/Showroom uses. DISCUSSION: This is a two part request: 1) a 40-foot high pole “can sign” with a 100-square-foot illuminated plastic face and 2) a change in the color of the gas canopy from beige to bright yellow with a red vinyl stripe and an illuminated red “Shell” sign. Signs attached to canopies, pole signs and can signs are specifically prohibited by Section 12-29-3 of the Zoning Ordinance. Monument signs and attached, building signage with white channel letters are only the types permitted. A 40-square-foot monument sign (exhibit attached) has already been permitted and constructed at the northwest corner of the site. Building signage (exhibit attached) has been permitted and attached to both the north and west facades (white channel letters with a black shadow). There is a ITEM #6 PAGE 3 of 4 31-square-foot “Deli Select” and a 22-square-foot “Gateway” sign on the Royal Lane facade and a 31-square -foot “Deli Select” sign on the LBJ facade. These signs are smaller in area than what could potentially be permitted- 77 square-feet allowed along the LBJ side and 83 square-feet along the Royal side. Because visibility is key to this site, staff could support a minor deviation from the sign ordinance to allow for a small amount of canopy signage if done tastefully. A 2.5-foot x 7.5-foot “Shell” sign matching the style of the existing attached signage (white channel letters with a black shadow) at each face of the northwest corner of the canopy could be supported by staff. All the other requests are recommended for denial, as they are in direct conflict with the Ordinance. At the January 17th Planning Commission meeting, members voted to hold this case under advisement until the February hearing so the applicant could address concerns regarding various issues. The issues revolved around developing a compromise between what is allowed by Ordinance and what would be acceptable for this site, given its unique location. The applicant’s representative met with Planning staff, corresponded through telephone conversations and e-mails, and has attempted to address some of the concerns of the Planning Commission. In summary, here’s what is proposed: 1) In lieu of the 40’ pole sign, the existing tower is proposed to be increased by 8’ (proposed height increase from 33’ to 41’) and a standard 8’ x 8’ illuminated “Shell” can sign built into two sides (west and east sides). 2) The requested canopy signage is the same as previously proposed– painted yellow with a red vinyl stripe and illuminated red “Shell’ lettering. Although better than the previous request, staff still has reservations in recommending approval. Canopy signage is specifically prohibited by Ordinance based on aesthetic reasons. The Committee to Improve the Visual Image of Coppell (CIVIC) Report of 1997 called for the elimination and prevention of visual clutter and specifically outlined signage and billboards as such. This site already has a very large billboard on the most visible corner and it would not be appropriate to paint the canopy yellow with a red vinyl stripe and attach red signage to it. This is the first impression of the building when driving on the eastbound exit ramp from LBJ, and when approaching it from Royal. In a compromise given in the previous request, staff recognized the visibility of the canopy from the east bound exit ramp off LBJ and ITEM #6 PAGE 4 of 4 recommended canopy signage to match that of the building. Staff is still comfortable with allowing a 2.5-foot x 7.5-foot “Shell” sign to match the style of the existing attached signage (white channel letters with a black shadow) at each face of the northwest corner of the canopy without the red/yellow striping, and still has not received a compromise proposal of canopy signage from the applicant. With regard to the elimination of the pole sign, staff is pleased, but still a bit hesitant in recommending the “standard” 8’ x 8’ internally illuminated attached can sign. The height of the tower attached to the building is proposed to be extended 8’, reaching 41’ to the peak. The tower will now be the focal point of the building and a standard can sign will not add anything to its architectural appeal and will definitely take away from it. Staff can support signage in this location, but not this particular type, and has urged the applicant to “think outside the box”, and come up with something that “adds” to the building. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this request and APPROVAL of signage on the canopy as follows: 1. Two, 2.5’ x 7.5’ “Shell” signs. 2. White channel letters with a black shadow to match the existing building signage. 3. Located on each face of the northwest corner of the canopy. With regard to the tower signage, revise the proposed sign type to be a cast stone externally illuminated shell logo or a halo-type sign with a reverse lit clam shell with a red background. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Previously Approved Elevations with dimensions 2) Applicant’s Revised Signage Request Summary 3) West Elevation 4) Can Sign Detail 5) Canopy Signage Plan 6) Photo Simulation of the West Elevation 7) Photo Simulation of the East Elevation) THE RATLIFF GROUP, L.L.C. P.O. BOX 949 Õ COPPELL, TX 75019 972/915-0000 Õ FAX 972/462-0020 WWW.RATLIFFGROUP.COM March 5, 2008 City of Coppell P.O Box 9478 Coppell, Texas 75019 Attention: Matt Steer, AICP Reference: PD-215R-LI, Victron Energy Dear Matt: Per our telephone conversations, please postpone the above referenced case until the City Council meeting on March 25 or April 8, 2008. Please let us know when we will be posted for consideration by the City Council. If you have any questions, please do not hesitate to contact me. Sincerely, Bennett Ratliff, President THE RATLIFF GROUP, L.L.C. 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 April 22, 2008 16 ✔ RESOLUTION Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to recreational fees and garbage collection fees and authorizing the Mayor to sign. This is a semi-annual update of the fees charged by the City for services provided. The Solid Waste Contract calls for rate adjustments in April of each year based upon 75% of the national CPI. However, if the current CPI is more than 150% of the previous year CPI, the full CPI is authorized. The 2007 CPI was 2.5% and the 2008 CPI is 4.1%. This CPI increase is 64%, thus 75% of 4.1 % or 3.07% is authorized by contract. A for-profit vendor fee of $50.00 for a booth at the Fourth of July Celebration is being added to the recreational fee category. Fees for the Aquatics and Recreation Center are also being amended. Fees have not been adjusted since 2003 and are being adjusted based on increased costs of operation. Staff recommends approval. $MasterFee-1AR(Consent) Fee Changes - April 2008Garbage Collection Fees:Solid Waste and Recycling (Includes Yard Trimmings Fee)Old New1) Residential Garbage Customer $14.14 $14.57 per monthSenior Citizen Residential Garbage Customer $12.73 $13.12 per month2) Commercial Garbage Collection Fees:Old New Old New Old New Old NewFREQUENCY 3 YD 3 YD 4 YD 4 YD 6 YD 6 YD 8 YD 8 YD(Per week)1$81.36 $83.86 $99.87 $102.94 $121.42 $125.15 $153.82 $158.542$135.44 $139.60 $194.53 $200.50 $207.69 $214.07 $262.33 $270.383$179.71 $185.23 $266.71 $274.90 $299.23 $308.42 $369.75 $381.104$228.41 $235.42 $343.87 $354.43 $388.13 $400.05 $469.18 $483.585$279.25 $287.82 $417.02 $429.82 $467.71 $482.07 $575.07 $592.726$330.73 $340.88 $500.46 $515.82 $552.17 $569.12 $681.23 $702.14Extra Pickups $26.97$27.80$36.61$37.73$38.93$40.13$52.29$53.90Old NewCommercial Hand Pickups$22.84$23.54Redelivery Fee for Non-payment of Account $40.81$42.06Compactors - Closed:Delivery Fee$76.15$78.49Rental Per Month$370.43$381.80Charge Per Pull 30 YD $316.42$326.1335 YD $331.47$341.6542 YD $370.43$381.80Residential Roll-Off Permit$20.00$20.00 Old NewOld New Old New Old New Old New Special SpecialResidential Roll-Off Pricing 10YD 10YD 20 YD 20 YD 30 YD 30 YD40 YD 40 YDWaste Haul Waste HaulMonthly Rental$5.80 $5.98$147.25$151.77$147.25$151.77$147.25$151.77$147.25$151.77Delivery Fee (Each) $54.76$56.44$54.76$56.44$54.76$56.44$54.76$56.44$54.76$56.44Cost Per Pull $218.54$225.25$218.54$225.25$250.31$257.99$317.58$327.33$185.89$191.60Liner (Special Waste) $45.85$47.26$45.85$47.26$45.85$47.26$45.85$47.26$45.85$47.26Disposal Cost included included included included included included included included t.b.d. upon t.b.d. upontype of waste type of wasteFront Load CompactorsOld New Old New Old New Old New Old New Old New Old New1X 1X 2X 2X 3X 3X 4X 4X 5X 5X 6x 6x 7X 7X2-yard $287.37 $296.19 $370.97 $382.36 $455.61 $469.60 $540.25 $556.84 $623.85 $643.00 $708.49 $730.24 $793.14 $817.49 2nd $265.29 $273.43 $327.96 $338.03 $390.63 $402.62 $453.30 $467.22 $517.01 $532.88 $579.68 $597.48 $641.30 $660.993 yard $302.00 $311.27 $402.31 $414.66 $500.54 $515.91 $600.87 $619.32 $701.18 $722.71 $799.41 $823.95 $899.73 $927.35 2nd $281.98 $290.64 $358.25 $369.25 $435.54 $448.91 $514.92 $530.73 $592.21 $610.39 $670.54 $691.13 $748.88 $771.874 yard $337.53 $347.89 $432.62 $445.90 $552.79 $569.76 $672.96 $693.62 $793.14 $817.49 $911.22 $939.19 $1,013.68 $1,044.80 2nd $290.36 $299.27 $387.50 $399.40 $487.68 $502.65 $581.77 $599.63 $679.95 $700.82 $777.00 $800.85 $874.22 $901.066 yard $356.33 $367.27 $507.86 $523.45 $659.38 $679.62 $809.86 $834.72 $962.42 $991.97 $1,094.74 $1,128.35 $1,266.51 $1,305.39 2nd $334.29 $344.55 $463.74 $477.98 $592.21 $610.39 $721.73 $743.89 $851.24 $877.37 $980.75 $1,010.86 $1,111.31 $1,145.438 yard $406.50 $418.98 $590.41 $608.54 $773.28 $797.02 $957.20 $986.59 $1,121.41 $1,155.84 $1,323.98 $1,364.63 $1,506.85 $1,553.11 2nd $385.40 $397.23 $544.17 $560.88 $706.06 $727.74 $866.91 $893.52 $1,028.80 $1,060.38 $1,189.64 $1,226.16 $1,351.54 $1,393.03Old NewEmergency Emergency2-yard $94.02 $96.913 yard $104.47 $107.684 yard $125.36 $129.216 yard $135.80 $139.978 yard $146.25 $150.74Recycling Bins 5.00$ 5.00$ each Recreational FeesOld Rates New RatesAquatic/Recreation Center:Summer Swim Punch Passes - 20 Visits (Covers admission to pools only)MemberNon-MemberNon-ResidentMemberNon-MemberNon-ResidentYouth/Adult (3 yrs. - 54 yrs.) 40.00$ $60.00 $100.00 40.00$ $70.00 $120.00Senior Citizen (55 yrs. & over) 30.00$ $45.00 $80.00 30.00$ $50.00 $90.00Annual MembershipsResidentNon-ResidentResidentNon-ResidentIndividual $225.00 $450.00 $250.00 $500.00Family $450.00 $900.00 $500.00 $1,000.00Senior Citizen Individual $135.00 $270.00 $150.00 $300.00Senior Citizen Family $270.00 $540.00 $300.00 $600.00Charter MembershipsIndividual $195.00 per year $220.00 per yearFamily $390.00 per year $440.00 per yearSenior Individual $135.00 per year $150.00 per yearSenior Family $270.00 per year $300.00 per yearCorporate Membership:Individual $315.00$350.00Family $630.00$700.00 1 RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING THE RECREATIONAL FEES, IN PART; THE GARBAGE COLLECTION FEES, IN PART; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and delete others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Master Fee Schedule section entitled “Recreational Fees” be amended, in part, to read as follows: Recreational Fees: “…. 5) b. Aquatic / Recreation Center …. Summer Swim Punch Passes – 20 Visits (Covers admission to pools only) Member Non-Member Non-Resident Youth/Adult (3 yrs. – 54 yrs.) $ 40.00 $ 70.00 $ 120.00 Senior Citizen (55 yrs. & over) $ 30.00 $ 50.00 $ 90.00 Annual Memberships Resident Non-Resident Individual $ 250.00 $ 500.00 Family $ 500.00 $ 1,000.00 Senior Citizen Individual $ 150.00 $ 300.00 Senior Citizen Family $ 300.00 $ 600.00 Charter Memberships Individual $ 220.00 per year Family $ 440.00 per year Senior Individual $ 150.00 per year Senior Family $ 300.00 per year Corporate Membership Individual $ 350.00 Family $ 700.00 …. 2 7) Fourth of July Celebration For-Profit Vendor fees $50.00 ….” SECTION 2. That the Master Fee Schedule section entitled “General Fees” be amended, in part, to read as follows: Garbage Collection Fees: “…. Solid Waste and Recycling (Includes Yard Trimmings Fee) 1) Residential Garbage Customer $14.57 per month Senior Citizen Residential Garbage Customer $13.12 per month 2) Commercial Garbage Collection Fees: FREQUENCY (Per Week) 3 YD 4 YD 6 YD 8 YD 1 $83.86 $102.94 $125.15 $158.54 2 $139.60 $200.50 $214.07 $270.38 3 $185.23 $274.90 $308.42 $381.10 4 $235.42 $354.43 $400.05 $483.58 5 $287.82 $429.82 $482.07 $592.72 6 $340.88 $515.82 $569.12 $702.14 Extra Pickups $27.80 $37.73 $40.13 $53.90 Commercial Hand Pickups $23.54 Redelivery Fee for Non-payment of Account $42.06 Compactors – Closed Delivery Fee $78.49 Rental per Month $381.80 Charge per Pull 30 YD $326.13 35 YD $341.65 42 YD $381.80 Residential Roll-Off Permit $20.00 3 Residential Roll-Off Pricing 10YD 20 YD 30 YD 40 YD Special Waste Haul Monthly Rental $5.98 daily $151.77 $151.77 $151.77 $151.77 Delivery Fee (Each) $54.76 $54.76 $54.76 $54.76 $54.76 Cost Per Pull $225.25 $225.25 $257.99 $327.33 $191.60 Liner (Special Waste) $47.26 $47.26 $47.26 $47.26 $47.26 Disposal Cost included included included included t.b.d. upon type of waste Front Load Compactors 1X 2X 3X 4X 5X 6X 7X Emergency pick-ups 2-yard FLC 2nd + unit $296.19 $273.43 $382.26 $338.03 $469.60 $402.62 $556.84 $467.22 $643.00 $532.88 $730.24 $597.48 $817.49 $660.99 $96.91 3-yard FLC 2nd + unit $311.27 $290.64 $414.66 $369.25 $515.91 $448.91 $619.32 $530.73 $722.71 $610.39 $823.95 $691.13 $927.35 $771.87 $107.68 4-yard FLC 2nd + unit $347.89 $299.27 $445.90 $399.40 $569.76 $502.65 $693.62 $599.63 $817.49 $700.82 $939.19 $800.85 $1044.80 $901.06 $129.21 6-yard FLC 2nd + unit $367.27 $344.55 $523.45 $477.98 $679.62 $610.39 $834.72 $743.89 $991.97 $877.37 $1,128.35 $1,010.86 $1,305.39 $1,145.43 $139.97 8-yard FLC 2nd + unit $418.98 $397.23 $608.54 $560.88 $797.02 $727.74 $986.59 $893.52 $1,155.84 $1,060.38 $1,364.63 $1,226.16 $1,553.11 $1,393.03 $150.74 Subtract $150 from service rates for customer-owned units. Recycling Bins $5.00 each ….” SECTION 3. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. 4 SECTION 5. That this Resolution shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ______________________, 2008. APPROVED: __________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: __________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY AGENDA REQUEST FORM DATE: April 22, 2008 ITEM #: 17 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Election Day and Early Voting for the May 10 Election. B. Report by Mayor Stover regarding Relay for Life on April 26 & 27. C. Report by Mayor Stover regarding Regional Mayors Best Practices Conference. D. Report by Mayor Stover regarding Coppell High School government class visit. E. Report by Mayor Stover regarding Pinkerton Elementary School 3rd grade class visit. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: April 22, 2008 ITEM #: 18 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa-Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Councilmember Tunnell. I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Councilmember Franklin. M. North Texas Commission – Councilmember York. N. Senior Adult Services – Councilmember Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport AGENDA REQUEST FORM DATE: April 22, 2008 ITEM #: 19 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: April 22, 2008 ITEM #: 20 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: April 22, 2008 Department Submissions: Item No. 14B was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Human Resources Department Item No. 14C was placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Engineering Department Item No. 14D was placed on the Agenda for the above-referenced City Council meeting by the Library Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Library Department Item No. 15 was placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Planning Department Item Nos. 7 and 12 were placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Parks Department 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)