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CP 2008-09-23 NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 23, 2008 DOUG STOVER, MARVIN FRANKLIN, Place 6 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, 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) Bd/Comm Reception 6:00 p.m. – 7:00 p.m. Atrium (By Invitation Only) 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, September 23, 2008, at 5:30 p.m. for Executive Session, Board & Commission Reception from 6:00 p.m. until 7:00 p.m., 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. ag092308 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.074, Texas Government Code - Personnel Matters. 1. Appointment of Municipal Judge and Alternate Judges. 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. Discussion regarding Board/Commission Orientation B. Review of Service Organization Funding Request Process. C. Discussion of Agenda Items. Adjourn Work Session. PPUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:00 PM TO 7:00 PM. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. ag092308 Page 2 of 6 ITEM # ITEM DESCRIPTION 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the Coppell Municipal Court of Record No. 1 of the City of Coppell; and authorizing the Mayor to sign. 8. Swearing in of Municipal Judge and Alternate Municipal Judges. 9. Swearing in of newly appointed Board/Commission/Committee members. 10. Consider approval of a proclamation proclaiming the week of October 5th through 11th, 2008, as Fire Prevention Week, and authorizing the Mayor to sign. 11. Consider approval of a proclamation proclaiming "National Night Out" on Tuesday, October 7, 2008, and providing City Council Support and endorsement of National Night Out festivities and authorizing the Mayor to sign. 12. Citizens' Appearances CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 9, 2008. B. Consider approval of an Ordinance amending the Code of Ordinances by amending Article 1-10, "Rules, Times and Procedures for Conducting City Council Meetings," Section 1-10-4, "Types of Meetings," Subsecton 1-10-4.1, "Regular Meetings," to provide for regular scheduled meeting of the City Council; and authorizing the Mayor to sign. C. Consider approval of an agreement with the Chaucer Estates Homeowners Association with regard to maintenance of a pond contained within the subdivision common area; and authorizing the City Manager to execute any necessary documents. D. Consider approval of a bid award for Illuminated Street Signs (Bid # Q-0908-04) to Consolidated Traffic Controls, Inc. in the amount of ag092308 Page 3 of 6 ITEM # ITEM DESCRIPTION $155,016.00 for 6-foot and 8-foot lighted street signs for various intersections, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. E. Consider approval of a professional services agreement with Brinson Benefits, Inc. for benefit consulting services and other health and wellness related services in the amount of $118,028 and authorizing the City Manger to sign. F. Consider approval of a contract for the renewal of the Dallas County Health Services Agreement, effective October 1, 2008 through September 30, 2009, in the amount of $3,131.00 and authorizing the mayor to sign. END OF CONSENT 14. Consider approval of a Resolution approving the revised Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation and authorizing the Mayor to sign. 15. Consider approval of awarding bid RFP#0093 City of Coppell Medical Plan Stop Loss Insurance to Aetna Signature Administrators in the amount of $341,786 and authorizing the City Manager to sign. 16. Consider approval of a professional services agreement with United Medical Resources (UMR) to provide third party health claim administration for the City of Coppell Health Benefit Plan in the amount of $147,893 and authorizing the City Manager to sign. 17. Consider approval of the Annual Report from the Coppell Education Development Corporation. 18. Mayor and Council Reports. A. Report by Mayor Stover regarding the Bond Rating. B. Report by Mayor Stover regarding Hurricane Ike Assistance. C. Report by Councilmembers Brancheau and Faught regarding GrapeFest Mayoral Grape Stomp. 19. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell B. Coppell ISD – Peters and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters. ag092308 Page 4 of 6 ITEM # ITEM DESCRIPTION E. DFW Airport Board – Peters. F. International Council for Local Environmental Initiatives (ICLEI) – Brancheau G. Metrocrest Hospital Authority – Tunnell. H. Metrocrest Medical Foundation – Hunt. I. Metrocrest Medical Services – Hinojosa-Flores. J. Metrocrest Social Service Center – Hunt. K. North Texas Council of Governments – Peters. L. NTCOG/Regional Emergency Management – Franklin. M. North Texas Commission – Franklin. N. Senior Adult Services – Faught. 20. Necessary action resulting from Work Session. 21. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 19th day of September, 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. ag092308 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). ag092308 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: September 23, 2008 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.074, Texas Government Code – Personnel Matters. 1. Appointment of Municipal Judge and Alternate Judges. 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 and north of S.H. 121 and east of Denton Tap. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: September 23, 2008 ITEM #: WS-3 WORK SESSION A. Discussion regarding Board/Commission Orientation. B. Review of Service Organization Funding Request Process. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn 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 September 23, 2008 7 ✔ ORDINANCE Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the Coppell Municipal Court of Record No. 1 of the City of Coppell; and authorizing the Mayor to sign. The current 2-year contracts with Judge Marian Moseley and Alternate Judges Kim Nesbitt and Terry Landwehr are up for renewal this year. Staff recommends approval. !Judges ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPOINTING A PRESIDING MUNICIPAL JUDGE AND ALTERNATE MUNICIPAL JUDGES OF THE COPPELL MUNICIPAL COURT OF RECORD NO. 1 OF THE CITY OF COPPELL, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, State law requires a municipality to enact ordinances for the appointment of judges and alternate judges; and WHEREAS, the term of the current Municipal Judge and Alternate Judges have expired; and WHEREAS, the Council desires to reappoint the current Municipal Judge and Alternate Municipal Judges. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That in accordance with the provisions of the City Charter and State law, the City Council hereby appoints Hon. Marian Moseley to serve as the Municipal Judge of the Coppell Municipal Court No. 1, and shall act as the presiding judge of said Court, and, the City Council hereby appoints Hon. Kim Nesbitt and Hon. Terry Landwehr and shall each serve as Alternate Municipal Judges. The Municipal Judge and Alternate Municipal Judges appointed herein shall each have and possess the authority, powers, rights, duties, and jurisdiction granted to and imposed on municipal judges of the Courts of Record of the State of Texas by the 1 provisions of State law, City Charter and the ordinances of the City of Coppell. SECTION 2. That the Municipal Judge and the Alternate Municipal Judges appointed hereunder shall each serve a term of office of two (2) years commencing from the effective date hereof, unless sooner terminated according to the provisions of law. SECTION 3. That the City Manager shall determine the appropriate compensation and negotiate with the foregoing persons such contracts and agreements as may be deemed necessary and appropriate and shall execute such contracts as the act and deed of the City. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. 2 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 23rd day of September, 2008. APPROVED: ____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY 3 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 September 23, 2008 8 ✔ PROCEDURAL Swearing in of Municipal Judge and Alternate Municipal Judges. Marian Moseley will be sworn in as Municipal Judge. Kim Nesbitt and Terry Landwehr will be sworn in as Alternate Municipal Judges. No Council action necessary. !JudgesSwear 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 City Secretary September 23, 2008 9 ✔ PROCEDURAL Swearing in of newly appointed Board/Commission/Committee members. %swearin 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 Fire September 23, 2008 10 ✔ PROCLAMATION Consider approval of a proclamation proclaiming the week of October 5th through 11th, 2008, as Fire Prevention Week, and authorizing the Mayor to sign. Staff recommends approval. (FirePreventWK08-1AR PROCLAMATION WHEREAS, the City of Coppell is committed to ensuring the safety and security of all those living in and visiting our City; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,500 people in the United States in 2006, according to the latest research from the National Fire Protection Association, and fire departments in the United States responded to nearly 400,000 home fires; and WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment and smoking are the leading causes of home fire deaths; and WHEREAS, the City of Coppell first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Coppell residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will, therefore, be more likely to survive a fire; and WHEREAS, the 2008 Fire Prevention Week theme, “It’s Fire Prevention Week – Prevent Home Fires!” effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim the week of October 5 through 11, 2008, as FIRE PREVENTION WEEK AND, FURTHER THEREFORE, I urge all residents of the City of Coppell to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2008, and to support the many public safety activities and efforts of the City of Coppell Fire and Emergency Services. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 23 day of September 2008. rd __________________________ 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: Police September 23, 2008 11 ✔ PROCLAMATION Consider approval of a proclamation proclaiming "National Night Out" on Tuesday, October 7, 2008, and providing City Council Support and endorsement of National Night Out festivities and authorizing the Mayor to sign. On Tuesday, October 7th, neighborhoods throughout Coppell are being invited to join forces with thousands of communities nationwide for the "25th Annual National Night Out" crime and drug prevention event. National Night Out, which is sponsored by the National Association of Town Watch and co-sponsored locally by the Coppell Police Department, will involve over 9,500 communities from all 50 states. In all, over 32 million people are expected to participate in 'America's Night Out Against Crime' on Oct. 7th. From 7:00 to 10:00 p.m. on October 7th, residents in neighborhoods throughout Coppell will be hosting a variety of special events to show their support of the National Night Out crime prevention event. Staff recommends approval. )National Night Out Proclamation WHEREAS, The National Association of Town Watch is sponsoring the 25th Annual edition of an important nationwide crime and drug prevention event on October 7, 2008, called “National Night Out;” and WHEREAS, The “25th Annual National Night Out” provides a unique opportunity for Coppell, Texas to join forces with thousands of other communities across the country in promoting cooperative police and community drug prevention efforts; and WHEREAS, It is essential that all citizens of Coppell, Texas be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs, and violence in Coppell, Texas; and WHEREAS, Police-Community partnerships, neighborhood awareness and safety, and cooperation are important themes of the “National Night Out” program; and WHEREAS, Neighborhood Crime Watch plays a vital part in assisting the Coppell Police Department through joint crime prevention efforts in Coppell. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim Tuesday, October 7, 2008 as “National Night Out” in the City of Coppell, Dallas County, Texas. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ___________ day of September 2008. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: September 23, 2008 ITEM #: 12 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 September 23, 2008 13/A ✔ PROCEDURAL Consider approval of minutes: September 9, 2008. Minutes of the City Council meetings held on September 9, 2008. Staff recommends approval. %minutes cm090908 Page 1 of 13 MINUTES OF SEPTEMBER 9, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 9, 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 Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) Billy Faught, Councilmember Karen Hunt, Councilmember Councilmember Tunnell was absent. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of Real Property West of Denton Tap and South of Bethel Road. cm090908 Page 2 of 13 2. Land Purchase West of MacArthur and South of Beltline. 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 and north of S.H. 121 and east of Denton Tap. Councilmember Hinojosa-Flores arrived during Executive Session. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover recessed the Executive Session at 6:25 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Board & Commission Appointments and Orientation. B. Update regarding Grapevine Springs Community Center. C. Discussion regarding the 2009 Budget/Council Calendar. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Faught led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Special presentation honoring Waste Management employees Francisco Alvarez, Oscar Salceda and Michael Holbrook with Certificates of Appreciation for their dedication and commitment to the community of Coppell. cm090908 Page 3 of 13 Mayor Stover presented Certificates of Appreciation to Francisco Alvarez, Oscar Salceda and Michael Holbrook. 8. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 26, 2008 September 2, 2008. B. Consider approval of accepting the resignation of Rebecca Carter from the Keep Coppell Beautiful Board. C. Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to other fees and authorizing the Mayor to sign. D. Consider approval of an ordinance electing for the City to make current service and prior service contributions to the City's account in the municipal accumulation fund of the Texas Municipal Retirement System at the actuarially determined rate of total employee compensation and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD- 205R2-HC, Vista Ridge Addition, Lot 6, Block D (The Plaza), a zoning change from PD-205R-HC (Planned Development -205 Revised-Highway Commercial) to PD-205R2-HC (Planned Development-205 Revision 2-Highway Commercial), to amend the Planned Development to attach a Detail Site Plan to allow a 13,450-square-foot retail/restaurant building on cm090908 Page 4 of 13 property located at the northwest corner of S.H. 121 and Plaza Blvd and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. PD- 209R2-C, (Planned Development-209-Revision 2- Commercial) TownOaks Centre, a zoning change from PD-209R-C (Planned Development-209-Revised- Commercial) to PD-209R2-C (Planned Development- 209-Revision 2-Commercial), to amend the development regulations to allow two restaurant/retail uses within this structure, on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2008-0909.1, D carrying Ordinance No. 2008-1204, E carrying Ordinance No 91500-A-505 and F carrying Ordinance No. 91500-A-506. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 10. Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Mayor Pro Tem Franklin moved to approve Ordinance No. 2008-1205 approving and adopting the budget for the City of Coppell for the Fiscal Year of October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with cm090908 Page 5 of 13 Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 11. Consider the approval of the property tax revenue increase as reflected in the 2008-2009 Annual Operating Budget. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Peters moved to adopt a budget that requires raising more revenue from property taxes than the previous year and to ratify the tax increase reflected in the budget. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 12. Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2008 at .64146/$100 per valuation of which .49577 for operations and maintenance and .14569 for interest and sinking, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Action: Councilmember Peters moved to approve Ordinance No. 2008- 1206 levying the ad valorem taxes for the year 2008 at .64146/$100 per valuation of which .49577 for operations and maintenance and .14569 for interest and sinking, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and cm090908 Page 6 of 13 Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 13. Consider approval of the First Assembly of God Church (Living Hope), Site Plan Amendment, to allow the construction of an approximate 70-foot high bell tower at the southwest corner of the existing 11,000-square-foot exposed aggregate tilt wall building, on 5.95 acres of property located at 200 S. Heartz Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council on items 13 and 14. Denise Cardinal, representing the applicant T-Mobile, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing for Item 14 and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Franklin moved to close the Public Hearing and approve: Item 13 The First Assembly of God Church (Living Hope), Site Plan Amendment, to allow the construction of an approximate 70-foot high bell tower at the southwest corner of the existing 11,000- square-foot exposed aggregate tilt wall building, on 5.95 acres of property located at 200 S. Heartz Road, And: Item 14 Case No. S-1247-SF-12, T-Mobile (First Assembly of God Church), zoning change request from SF-12 (Single Family-12) to S-1247- SF-12 (Special Use Permit-1247-Single Family-12), to allow wireless communication antennas to be mounted inside a cm090908 Page 7 of 13 proposed 70-foot high bell tower and a 20’×20’ shelter constructed at the base. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Case No. S-1247-SF-12, T-Mobile (First Assembly of God Church), zoning change request from SF-12 (Single Family-12) to S-1247-SF-12 (Special Use Permit-1247-Single Family-12), to allow wireless communication antennas to be mounted inside a proposed 70-foot high bell tower and a 20’×20’ shelter constructed at the base. This item was considered under Item 13. See Item 13 for minutes. 15. PUBLIC HEARING: Consider approval of Case No. PD–234-H, Lot 1, Block A, Wilson-Kirkland-Minyard Addition, zoning change request from H (Historic) to PD-234-H (Planned Development-234- Historic) to allow the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on 0.27 acres of property located at the southeast corner of W. Bethel Road and S. Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. cm090908 Page 8 of 13 Action: Councilmember Peters moved to close the Public Hearing and approve Case No. PD–234-H, Lot 1, Block A, Wilson-Kirkland- Minyard Addition, zoning change request from H (Historic) to PD- 234-H (Planned Development-234-Historic) to allow the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on 0.27 acres of property located at the southeast corner of W. Bethel Road and S. Coppell Road. Mayor Pro Tem Franklin seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of the Wilson-Kirkland-Minyard Addition, Lots 1 & 2, Block A, Minor Plat, to establish a building site to allow for the relocation of a 1,100-square- foot house and a 600-square-foot replica of the Minyard’s drug store on Lot 1 (.27 acres) and retention of the existing structures on Lot 2 (.56 acres) located at the southeast corner of W. Bethel Road and S. Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council, and advised the item is not a Public Hearing. Action: Councilmember Faught moved to approve the Wilson-Kirkland- Minyard Addition, Lots 1 & 2, Block A, Minor Plat, to establish a building site to allow for the relocation of a 1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on Lot 1 (.27 acres) and retention of the existing structures on Lot 2 (.56 acres) located at the southeast corner of W. Bethel Road and S. Coppell Road. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 17. PUBLIC HEARING: cm090908 Page 9 of 13 Consider approval of the Stringfellow Addition (Coppell Vision Center), Lot 9R, Block A, Replat, to establish fire lanes, building lines and easements to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Hunt moved to close the Public Hearing and approve the Stringfellow Addition (Coppell Vision Center), Lot 9R, Block A, Replat, to establish fire lanes, building lines and easements to allow the construction of a 2,600-square-foot medical office on 0.434 acres of property located at the southeast corner of Sandy Lake and Nash Road, 541 East Sandy Lake Road. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 18. Consider approval of the Deer Run Addition, Phase II, Lot 1, Block 1, Minor Plat, to establish a building site and setback lines to allow the construction of a new single- family home to front on Hawken Drive, on 0.709 acres of property located on the north side of Ruby Road, property known as 600 Ruby Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. cm090908 Page 10 of 13 Action: Councilmember Faught moved to approve the Deer Run Addition, Phase II, Lot 1, Block 1, Minor Plat, to establish a building site and setback lines to allow the construction of a new single-family home to front on Hawken Drive, on 0.709 acres of property located on the north side of Ruby Road, property known as 600 Ruby Road subject to the following conditions: 1) If any trees are to be removed, a Tree Removal Permit will be required, and the tree survey will need to be brought into compliance with 12-34-2 of the Zoning Ordinance; 2) Engineering review and approval of the location of new taps and meters for water and sewer; 3) Drainage will be evaluated during engineering plan review; 4) Engineering review and approval of proposed curb cut on Hawken, and the removal of the curb cuts on Ruby Road. Councilmember Hunt seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 19. Consider approval of an ordinance approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Ordinance No. 2008-1207 approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates cm090908 Page 11 of 13 within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 20. Consider appointments to the City’s Boards/Commissions/Committees. Mayor Stover read the proposed slate as follows: American Red Cross: 3-year Regular Gail Modic Animal Services Advisory and Appeals Board 2-year Veterinarian Dr. Reid Garfield Board of Adjustment 2-year Regular Robert Chomiak Mark LeGros Laura Ketchum 2-year Alternate Robert Mahalik Doug Robinson Coppell Economic Development Committee 2-year Regular Bradley Snyder Bill Rohloff Gary Roden Ken Luttmer Greg Jenkins Coppell Education Development Corporation 2-year Regular Brian Letzkus Thomas Massimi Gina Mote cm090908 Page 12 of 13 Keep Coppell Beautiful 2-year Regular Brent Wooten Shannon Olmstead Craig Pritzlaff 1-year Regular Brandi Todd Keep Coppell Beautiful – Youth Advisor 1-year Student James Halpin Paul Chung Library Board 2-year Regular Meme Collins-Tabuena Wendy Dunn Thomas Dwyer Marcia Raines 2-year Alternate Steven Smith Library Board – Youth Advisors 1-year Student Diane Feldman Geetika Rao Parks and Recreation Board 2-year Regular Jack Clark Greg Garcia Larry Jones Dixon Rich Scott Sumpter Terra Taylor Mark Tepper 2-year Alternate Brian Brandstetter Carolyn Horner Planning and Zoning Commission 2-year Regular Anna Kittrell Greg Frnka Derek Jett cm090908 Page 13 of 13 Councilmember Brancheau moved to approve the slate as presented. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion. 21. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding meeting with the Coppell Women’s Club. A. Mayor Stover, Jim Witt and Clay Phillips attended the Mayors’ Metroplex Meeting with guest speaker, Dr. David Daniel, President of the University of Texas at Dallas. Dr. Daniel spoke regarding the missed opportunity of not having an accredited research university in the metroplex. B. Mayor Stover spoke to the Coppell Women’s Club and provided a question and answer session on projects occurring around the community. 22. Necessary action resulting from Work Session. There was no action necessary under this item. 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: City Secretary September 23, 2008 13/B ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances by amending Article 1-10, "Rules, Times and Procedures for Conducting City Council Meetings," Section 1-10-4, "Types of Meetings," Subsecton 1-10-4.1, "Regular Meetings," to provide for regular scheduled meeting of the City Council; and authorizing the Mayor to sign. This ordinance would provide for the months of June, November and December to only have one regularly scheduled meeting to be held on the second Tuesday of each of those months. Staff recommends approval. %meetings ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 1-10, “RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS,” SECTION 1-10- 4, “TYPES OF MEETINGS,” SUBSECTION 1-10-4.1, “REGULAR MEETINGS,” TO PROVIDE FOR REGULAR SCHEDULED MEETING OF THE CITY COUNCIL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Coppell Home Rule Charter provides that the city council shall determine it own rules and order of business; and WHEREAS, the city council adopted such rules and order of business by Ordinance No. 2001-964, codified as Article 1.10 of the Coppell Code of Ordinances; and WHEREAS, Section 3.09 of the Home Rule Charter provides that the city council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the city; and WHEREAS, Article 1-10, subsection 1-10-4.1 provides, in relevant part, that the council shall meet on the second and fourth Tuesday of each month; and WHEREAS, the city council desires to amend its rules to provide for the regular meeting schedule; and WHEREAS, Section 1-10-3.12 provides, in relevant part, that the rules may be amended by a two-thirds vote of all members of the council, provided that the new proposed amendments have been introduced into the record at the last regular council meeting; and Page 1 TM 31051.2.000 WHEREAS, pursuant to Subsection 1-10-3.12, the city council desires to amend such rules by amending Subsection 1-10-4.1 to provide for the regular meeting schedule of the city council. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Article 1-10, "Rules, Times and Procedures for Conducting Council Meetings", of the Code of Ordinances be, and the same is, hereby amended by amending Subsection 1-10-4.1 to provide for the regular meeting schedule of the city council, which shall read as follows: “ARTICLE 1-10. RULES, RIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS . . . . . 1-10-4.1. Regular meetings. The council shall meet in the council chamber at the City Hall on the second and fourth Tuesday of each month, excluding the months of June, November and December which shall only be on the second Tuesday, at 7:00 p.m. for open session unless otherwise officially changed by the city council (Charter Article 3, Section 3.09). The starting times for executive and work sessions shall remain flexible.” SECTION 2. That except as amended herein, all provisions of Article 1- 10 of the Code of Ordinances shall remain in full force and effect. SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Page 2 TM 31051.2.000 SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2008. APPROVED: ____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 09/16/08) Page 3 TM 31051.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ȱ Engineering September 23, 2008 13/C ✔ CONTRACT/BID or PROPOSAL Consider approval of an agreement with the Chaucer Estates Homeowners Association with regard to maintenance of a pond contained within the subdivision common area; and authorizing the City Manager to execute any necessary documents. Approval of the agreement will allow for the payment of budgeted funds for the dredging project and the inspection of the work through the Engineering Department. Staff recommends approval of the agreement. #Chaucer Estates Pond Agmt MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: September 23, 2008 REF: Consider approval of an agreement with the Chaucer Estates Homeowners Association with regard to maintenance of a pond contained within the subdivision common area; and authorizing the City Manager to execute any necessary documents. In the mid-1990’s several meetings were held between the city of Coppell and representative of the Chaucer Estates Homeowners Associations regarding the pond that lies north of Park Valley Drive and the William T. Cozby Public Library in a common area of the Chaucer Estates HOA. The meetings between the two parties were held concerning the silt that had accumulated in the pond during the construction of various projects that were built upstream of the pond, many of them city of Coppell facilities. The understanding at that time was once all upstream properties had been developed that the city would dredge the existing pond to restore it to its original condition. In 1995 the city of Coppell performed a study on the pond and discovered that at that time there was approximately 11-27 inches of silt already within the pond. Recently the last piece of upstream property, Town Center Plaza, was developed, which is the Town Center Plaza. In anticipation of the completion of that project, $75,000 was placed in the Engineering budget this year to provide for the dredging of the existing pond. On August 5, 2008 bids were opened for the dredging of the pond. Only one bid was received from American Underwater Services in an amount of $74,699.28. The bidder also noted that they would be unable to provide the appropriate bonding required for a project of this magnitude. After some discussion, it was decided to approach the HOA to see if they would be willing to take on the project if the city provided the funding. The Chaucer Estates HOA has decided that they would accept the $75,000 and assume all responsibility for the existing pond, including any and all maintenance and silt removal to be performed on the pond from this point forward. Attached to this agenda item is an agreement between the city and the Chaucer Estates HOA that states the city will provide $75,000 to the HOA, and at such time as they choose to have the pond dredged, the city will also provide inspection services. The inspection services may seem like we are provided them the money and also inspecting the project, however, it is important that we inspect any work that takes place to ensure that there is no damage to existing city infrastructure during the process and to ensure that any silt, mud or muck removed from this pond and transported is done so correctly without spillage onto existing streets. The city recommends approval of the agreement between the city of Coppell and Chaucer Estates Homeowners Association in the agreed amount of $75,000 for the future dredging of the Chaucer Estates pond located north of Park Valley Drive and south of the William T. Cozby Public Library. Staff will be available to answer any questions at the council meeting. f1 BID Q 0808 02 DR 08 01 THE CITY OF COPPELL 8 BID Q 0808 02 CHAUCER ESTATE POND DREDGING BIDDERS PLEASE NOTE ONE COpy OF THE FOLLOWING BID SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE SPECIFICATIONS AND CONFLICT OF INTEREST FORM TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARIMENT NO LATER mAN TUESDAY AUGUsr 5 2011AT 3 00 PM CITYOFCOPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 11 BID Q 0808 02 DR 08 01 Scope of Work This work shall consist of the removal of silt and sediment deposited within the Chaucer Estates Pond located adjacent to the city of Coppell public Library at 177 N Heartz Road The goal of the project is to restore the pond to the original depth and configuration as indicated in the attached as built drawing The surface area of the pond is approximately 46 875 square feet with a plan depth of 10 feet at the middle of the pond Probing the depth of the pond yields from 0 to 4 feet of sediment The area of greatest accumulation is located at the two storm drain outfalls as depicted in the attached drawings This project is being bid as a lump sum removal and as such it is strongly recommended that the contractor visit the site and make their own measurements of material quantity for removal The material removal shall be accomplished either by dredging or by dewatering the pond and excavating the material In either case there is no location available in the vicinity of the job site for dewatering the material This includes the use offields pits ponds or bags within the project area All material removed shall be loaded into trucks trailers or other movable devices specifically intended for transportation and removed from the project area in a timely fashion It shall be the sole responsibility of the contractor to find a suitable site to dispose of the material hauled off from this project Disposal of material shall comply with all applicable state federal and local regulations The successful contractor will be responsible for repair to any damaged streets walks structures landscaping irrigation system or any other property disturbed during the progress of work Any item disturbed shall be returned to original condition or better at the contractor s sole expense The contractor shall make all reasonable effort to preserve any wildlife within the pond If the pond is to be drained any fish turtles or other aquatic life shall be transported to an alternate location prior to draining the pond If dredging is used all efforts shall be made to minimize impact to said wildlife For this project the Standard Specifications for Public Works Construction North Central Texas Fourth Edition as prepared by the North Central Texas Council of Governments the City ofCoppell Standard Construction Details Ord 2006 112 and Appendix c Design Criteria and Standards in the City of Coppell Subdivision Ordinance Ord 94 643 shall govern all work to be done together with any additional Supplementary Conditions Specific Project Requirements and General Notes included herein This project requires a standard 5 bid bond This project shall be bid as a lump sum Number of Calendar Days to Complete the Work 40 CITYOFCOPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 12 BID Q 0808 02 DR 08 01 The lump sum bid amount shall be full compensation for all work necessary to successfully complete the project including labor materials tools equipment and incidentals Lump Sum Amount if 7 L I 6 q 1 tJ g Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project Said taxes are not included in the Contract Price see Instructions to Bidders The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions The City of Coppell reserves the right to delete any portion of this project or adjust quantities as it may deem necessary to stay within the City s availablefunds Should the City elect to delete any portion the contract quantities will be adjusted accordingly SUBMITfED ON L fir lv Ii Lt cJo g f CITY OF COPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 13 BID Q0808 02 DR 08 01 Company Information CompanvName l motl lulV lMfJfll CAc pv tJS IJL Address P flJOl IJ J 6 6 I F1 VvJ i 11 t 6 6 Phone Number 5 1 1 73 S I Fax Number 0 36 1 6 iJ Contact P on AVI J Jv E mail Add fA Hy ifA Jyt IIkJ 19VlfI5I S Pivt Cj eo CITYOFCOPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 14 BID Q 0808 02 DR 08 01 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed See Section 176 006 Local Government Code A person commits an offense if the person violates Section 176 006 Local Government Code An offense under this section is a Class C misdemeanor 1 Name of person doing business with local governmental entity 2 J Check this box if you are filing an update to a previously filed questionnaire The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176 006 a Local Government Code is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship 4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship Adopted 1110212005 CITYOFCOPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 15 BID Q0808 02 DR 08 01 FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government officer with whom filer has affiliation or business relationship Complete this section only if the answer to A B or C is YES This section item 5 including subparts A 8 C D must be completed for each officer with whom the filer has affiliation or other relationship Attach additional pages to this Form CIQ as necessary A Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire 0 Yes 0 No 8 Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity 0 Yes 0 No C Is the filer of this questionnaire affiliated with a corporation or other business enti that the local government officer serves as an officer or director or holds an ownership of 10 percent or more 0 Yes 0 No D Describe each affiliation or business relationship 6 Signature of person doing business with the governmental entity Date CITYOFCOPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 16 e P O Box 126216 Fort Worth Texas 76126 Phone 817 377 8512 Fax 817 367 6383 August 5 2008 We re having a hard time getting bonded at this time due to being rejected by two bonding companies I am one of the principal owners in this company that is going through a 2 year divorce The divorce has temporary damaged my personnel credit which the bonding companies rely on Key points I would like to add We understand that we will be funded within 10 days after successfully completing the project We do not have any subs we own the dredge trucks and other related equipment that will successfully complete this project I understand that this is an exceptional circumstance and apologize for the inconvenience If you have any questions please do not hesitate to contact me Sincerely Anthony DiIulio President www americanunderwaterservices com AGREEMENT This Agreement is made on this the _____ day of ___________, 2008, by and between the City of Coppell (“City”) and the Chaucer Estates Homeowners Association (“Chaucer”). The two parties agree as follows: I. TERMS WHEREAS, The City of Coppell (“City”) and the Chaucer Estates Homeowners Association (“Chaucer”), both desire to see the retention pond dredged in the Chaucer Estates dredged. WHEREAS, The City believes dredging the pond will improve drainage on the public lands nearby the pond; WHEREAS, Chaucer desires to have the pond dredged; THEREFORE, PREMISES CONSIDERED the City and Chaucer enter into the following Agreement: The City shall pay seventy five thousand dollars ($75,000.00) to Chaucer for the purposes of dredging the Chaucer pond. At such time as the pond is dredged, the City will provide inspection services at no cost to Chaucer. The City shall not have any other role in the dredging other than the payment of seventy five thousand dollars ($75,000.00) to Chaucer Estates and inspection of the future dredging. Upon payment of the seventy five thousand dollars ($75,000.00) by the City, Chaucer shall release the City from all claims based on drainage or silting problems with the pond. Chaucer will also be responsible for all maintenance to be done on the pond from the date of execution of this contract forward. II. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. III. SEVERABILITY In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other provision thereof, and this contract shall construed as if such invalidity, illegality or unenforceable provision had never been contain herein. 31048 IV. AUTHORITY The undersigned officers and/or agents authorized to execute this contract on behalf of the partied hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. V. REMEDIES No right or remedy granted or reserved to the parties, is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. VI. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; any venue for any action shall be in State District Court of Dallas County. VII. SUCCESSORS AND ASSIGNS This Agreement is binding on the successors, executors, administrators and assigns of the parties to this Agreement. Neither party will assign, sublet, subcontract or transfer agreement without the written consent of the other party. No assignment delegation of duties or subcontract under this contract will be effective without the prior written consent of the other party. VIII. RECITALS AND EXHIBITS The recitals and Exhibits to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 31048 CITY OF COPPELL: Jim Witt, City Manager CHAUCER ESTATES HOMEOWNERS ASSOCIATION President, Chaucer Estates 31048 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 September 23, 2008 13/D ✔ CONTRACT/BID or PROPOSAL Consider approval of a bid award for Illuminated Street Signs (Bid # Q-0908-04) to Consolidated Traffic Controls, Inc. in the amount of $155,016.00 for 6-foot and 8-foot lighted street signs for various intersections, as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Approval of this bid award will provide illuminated street name signs at 19 major intersections throughout the city. Funds are budgeted in the Traffic Control, Sign/Signal account, for this project. Staff recommends approval of the bid award to Consolidated Traffic Controls. #Lighted Street Signs Bid MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: September 23, 2008 REF: Consider approval of a bid award for Illuminated Street Signs (Bid #Q-0908- 04) to Consolidated Traffic Controls, Inc. in the amount of $155,016.00 for 6- foot and 8-foot lighted street signs for various intersections, as budgeted. In the FY 2007-2008 Budget, money was placed in the Traffic Control account for the purchase of illuminated street signs for the remaining 19 intersections in the city of Coppell that do not currently have illuminated street signs. On September 2, 2008, five bids were opened for the illuminated street sign project. The apparent low bidder was Pro-Lite, Inc. in the amount of $121,824.00. However, their product did not meet the city’s specifications for the signs for this project. Subsequently their bid was rejected. The second low bidder was Consolidated Traffic Controls, Inc. in the amount of $155,016.00. Their bid did meet the specifications. They are also the supplier for the current illuminated street signs being placed on the new traffic signals along Bethel Road. The estimated cost for this project was approximately $300,000. Staff recommends award of Bid #Q-0908-04 for Illuminated Street Signs to Consolidated Traffic Controls, Inc. in the amount of $155,016.00. Staff will be available to answer any questions at the council meeting. MEMORANDUM Date: September 11, 2008 To: Ken Griffin, P.E., Director of Public Works From: Glenn D. Hollowell, P.E., Assistant Director of Public Works RE: Internally Illuminated Street Signs Ken: On September 2, 2008, we opened bids for our Internally Illuminated Street Sign project. We had five bidders who submitted quotes for the bid. I have reviewed the bids and consulted with Jared Anderson and Per Birdsall on the award of the bid. We have disqualified Pro-Lite, Inc. from Costa Mesa, Ca. Their product does not meet specifications. I recommend that all that the bid for Internally Illuminated Street Signs be awarded to Consolidated Traffic Controls, Inc. in the amount of $155,016.00. If you have any questions or concerns regarding this matter, do not hesitate to contact me. 1 INCH = FT. 0 3300 3300 1650 Proposed Locations for Internally Lighted Street Name (ILSN) Sign Installation Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ILSN LOCATIONS 08 Created on: 09 September 2008 by Scott Latta PROPOSED ILSN SIGN LOCATIONS T H E C I T Y O F T E X A S 1 8 9 0 Bid #Q-0908-04 -Internally Illuminated Street Name Signs Creation Date Aug 13, 2008 End Date Sep 2, 2008 3:00:00 PM CDT Start Date Aug 15, 2008 9:04:16 AM CDT Awarded Date Not Yet Awarded Q-0908-04-1-01 Individual Sign Cost Vendor Unit Price Qty/Unit Total Price Attch. Docs Pro -Lite, Inc. First Offer -$992.00 1 / each $992.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Brand: Model Number(s): Variations from Specifications: Availability: Consolidated Traffic Controls, Inc. First Offer -$1,978.00 1 / each $1,978.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Brand: Model Number(s): Variations from Specifications: Availability: Republic ITS First Offer -$2,185.00 1 / each $2,185.00 Y Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Brand: Southern Manufacturing Model Number(s): IS-LED-819S Variations from Specifications: None Availability: 12-16 weeks after receipt of approved drawings Company contact information and Manufacturer & Model Form attached Twincrest Technologies First Offer -$2,425.00 1 / each $2,425.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Brand: Model Number(s): Variations from Specifications: Availability: FDC COMPANIES/FDC SIGNS & LIGHTING First Offer -$3,800.00 1 / each $3,800.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Brand: FDC Signs Model Number(s): 0001 Variations from Specifications: None Availability: 45 Days Q-0908-04-1-02 Individual Installation Cost Vendor Unit Price Qty/Unit Total Price Attch. Docs Twincrest Technologies First Offer -$0.00 1 / each $0.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Consolidated Traffic Controls, Inc. First Offer -$175.00 1 / each $175.00 Y Agency Product Code: Supplier Product Code: City of Coppell Sep 2, 2008 3:13:04 PM CDT p. 1 Agency Notes:Vendor Notes: Republic ITS First Offer -$340.00 1 / each $340.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Pro -Lite, Inc. First Offer -$700.00 1 / each $700.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: FDC COMPANIES/FDC SIGNS & LIGHTING First Offer -$1,600.00 1 / each $1,600.00 Y Agency Product Code: Agency Notes: Supplier Product Code: Vendor Notes: Vendor Totals Pro-Lite, Inc. $1,692.00 (2/2 items) Bid Contact Andy Kaoh austin@pro-lite.com Ph 714-668-9988 x103 Fax 714-668-9898 Address 3505 Cadillac Ave. Bldg. D Costa Mesa, CA 92626 Agency Notes:Vendor Notes: Consolidated Traffic Controls, Inc. $2,153.00 (2/2 items) Bid Contact Jerry Priester HJPriester@aol.com Ph 817-265-3421 x101 Address P.O. Box 151837 Arlington, TX 76015 Agency Notes:Vendor Notes: Twincrest Technologies $2,425.00 (2/2 items) Bid Contact Ian Lee ianlee@twincresttech.com Ph 817-539-2200 Address PO Box 757 Mansfield, TX 76063 Agency Notes:Vendor Notes: Republic ITS $2,525.00 (2/2 items) Bid Contact Tonya Hendon thendon@republicits.com Ph 817-633-5300 Address 2725 114th Street Grand Prairie, TX 75050 Agency Notes:Vendor Notes: FDC COMPANIES/FDC SIGNS & LIGHTING $5,400.00 (2/2 items) Bid Contact Reginald C Blair fdccompanies@netzero.net Ph 972-230-6810 Fax 972-230-6871 Address 1336 Lyndon Ave. Suite C Desoto, TX 75115 Agency Notes:Vendor Notes: **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. City of Coppell Sep 2, 2008 3:13:04 PM CDT p. 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Human Resources September 23, 2008 13/E ✔✔ CONTRACT/BID or PROPOSAL Consider approval of a professional services agreement with Brinson Benefits, Inc. for benefit consulting services and other health and wellness related services in the amount of $118,028 and authorizing the City Manger to sign. This professional services agreement is for benefit consulting services for the City's entire benefits program which consists of medical, dental, life and ad&d, long term disability, flexible spending accounts and vision programs. In addition to the benefit consulting services, Brinson Benefits, Inc. through its membership with United Benefit Advisors, allows the City to access other professional services at very discounted costs such as the City's electronic enrollment software (Benefits Connect) and the City's new wellness program (Wellness Works) including their wellness website owned by Matria. Attached you will find the professional services agreement and related costs of these programs. Funds are budgeted in the Self Insurance Fund for this agreement. &Brinsonagreement-1AR Professional Services Agreement THE STATE OF TEXAS) DALLAS COUNTY OF TEXAS) This contract is made and entered into by and between the CITY OF COPPELL, a home rule municipal corporation, of Dallas County, Texas, (hereinafter Referred to as "CITY") and Brinson Benefits, Inc. having a principal place of business at 12720 Hillcrest Road, Suite 810-b, Dallas, TX, 75230, (hereinafter referred to as "CONTRACTOR"). 1. PURPOSE The purpose of this Contract is to state the terms and conditions under which CONTRACTOR shall provide Employee Benefit Consultant Services. 2. DESCRIPTION OF SERVICES CONTRACTOR'S services hereunder shall include, but shall not be limited to, the following: A. CONTRACTOR shall perform all the services as set forth and agreed to by the CITY attached hereto as Exhibit "A" and "B" inclusive of agreed to Contractor's fees for Required Services, both of which are made a part of this Contract for all purposes; should there be any future conflict between the terms of the Required Services and rates for the Required Services as provided by the Contractor, the agreed to terms of this Contract shall be final and binding. B. CONTRACTOR shall work closely with the Director of Administration/Human Resources or his/her designee (hereinafter referred to as "City Staff" and appropriate CITY officials) and perform any and all related tasks required by City Staff in order to fulfill the purposes of this Contract. C. CONTRACTOR shall deliver all data, reports and documents which result from its services to City Staff in such form as is satisfactory to the City Staff. D. CONTRACTOR shall work through the appropriate city staff to obtain all pricing and proposals by means that comply with State and Federal Laws. 3. PERFORMANCE OF SERVICES CONTRACTOR and its employees or associates shall perform all the services under the Contract. CONTRACTOR represents that all its employees or associates who perform services under the Contract shall be fully qualified and competent to perform the service described in Section 2. 4. TERM The term of this Contract shall begin on October 1, 2008 and renew on October 1st of each subsequent year subject to City Staff recommendation and City Council approval. CONTRACTOR understands and agrees that time is of the essence. All services, written reports, and other data are to be completed and delivered to CITY by agreed upon dates and times within the contract period unless an extension of time, based upon good reasons presented by CONTRACTOR, is approved by City Staff. 5. PAYMENT FOR SERVICES In consideration of the professional services to be performed by CONTRACTOR under the terms of the Contract, CITY shall pay CONTRACTOR for services actually performs as set out by the Fees for Required Services as defined in Exhibit "A" unless other conditions necessitate additional services, which must be authorized in advance by the City Manager or designee. CONTRACTOR'S charges for its services are not to exceed similar charges of CONTRACTOR for comparable services to other customers. Payments to CONTRACTOR shall be in the amount shown by the billings and other documentation submitted and shall be subject to City Staff's approval. All services shall be performed to the satisfaction of City Staff, and CITY shall not be liable for any payment under this Contract for services which are unsatisfactory and which have not been approved by City Staff. 6. CHANGE IN SERVICES CITY through its City Staff may request, from time to time, changes in the scope or focus of the activities and services conducted or to be conducted by CONTRACTOR pursuant to the Contract. Any such change which varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to CONTRACTOR shall be mutually agreed on by CONTRACTOR and the City Staff. Changes in the scope, which in the opinion of CONTRACTOR and the City Staff would require additional funding by CITY, must first be authorized in advance by the City Manager or his designee. 7. CONFIDENTIAL WORK No reports, information, project evaluation, project designs, data or any other documentation developed by, given to, prepared by or assembled by CONTRACTOR under this Contract shall be disclosed or made available to any individual or organization by CONTRACTOR without the express prior written approval of the City Manager. 8. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by CITY, all reports, information and other data, given to, prepared or assembled by CONTRACTOR UNDER THIS Contract, and any other related documents or items shall become the sole property of CITY and shall be delivered to CITY. CONTRACTOR may make copies of any and all documents for its files. 9. CONTRACTOR'S LIABILITY Approval of CITY shall not constitute nor be deemed a release of the responsibility and liability of CONTRACTOR, its employees, agents or associates for the accuracy and competency for their designs, reports, information, and other documents or services nor shall approval be deemed to be the assumption of such responsibility by CITY for any defect, error or omission in the documents prepared by CONTRACTOR, its employees, agents or associates. 10. INDEMNITY CONTRACTOR shall defend, indemnify, and hold CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of CONTRACTOR or any agent, servant, or employee of CONTRACTOR in the execution or performance of this Contract. 11. RIGHT OF REVIEW CITY may review any and all of the services performed by CONTRACTOR under this Contract. 12. The following shall be conditions of, and a part of, the consideration of this Contract, to- wit: CONFLICT OF INTEREST OF CITY EMPLOYEES No officer or employee of the City shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. Any violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof may be subject to removal from his office or position. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager. CONFLICT OF INTEREST OF CONTRACTOR Contractor shall not accept other employment or engage in outside activities incompatible with the proper discharge of his duties and responsibilities with the City, or which might impair his independent judgement in the performance of his duty to the City nor personally provide services for compensation, directly or indirectly, to a person or organization who is requesting an approval, investigation or determination from the City. 13. NONDISCRIMINATION As a condition of this Contract, CONTRACTOR covenants that CONTRACTOR will take all necessary actions to insure that, in connection with any work under this Contract, CONTRACTOR, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. In this regard, CONTRACTOR shall keep, retain and safeguard all records relating to the Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 14. CONTRACT PERSONAL The Contract provides for personal or professional services, and the CONTRACTOR shall not assign the Contract, in whole or in part, without the prior written consent of CITY. 15. TERMINATION CITY may terminate this Contract upon Thirty (30) days written notice to CONTRACTOR with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. CONTRACTOR shall invoice for all services completed and shall be compensated in accordance with the terms of this Contract for all such services performed by CONTRACTOR prior to the date specified in such notice. 16. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, or delivered electronically at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for CITY, to: Vivyon V. Bowman (vbowman@ci.coppell.tx.us) Director of Administration/Human Resources City of Coppell 255 Parkway Blvd. Coppell, TX 75019 If intended for CONTRACTOR, to: Brinson Benefits, Inc. 12720 Hillcrest Road, Suite 810-b Dallas, TX 75230 ATTN: Dee Beasley Hayden 17. INDEPENDENT CONTRACTOR In performing services under this Contract, CONTRACTOR is performing services of the type performed prior to this Contract, and CITY and CONTRACTOR by the execution of this Contract do not change the independent status of CONTRACTOR. No term or provision of this Contract shall be construed as making CONTRACTOR the agent, servant, or employee of CITY. 18. VENUE The obligation of the parties to this Contract are performable in Dallas County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Dallas County, Texas. 19. APPLICABLE LAWS This Contract is made subject to the provisions of the Charter and ordinances of CITY, as amended, and all applicable State and Federal laws. 20. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 21. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 22. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 23. CAPTIONS The captions to the various clause of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 24. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 25. ENTIRE AGREEMENT This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in the Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. EXECUTED this the ___________day of _________________________________, 2008, by CITY, signing by its City and by CONTRACTOR. BY ________________________________ City of Coppell CONTRACTOR: Brinson Benefits, Inc. BY _________________________________ S. Dawn Brinson President PROFESSIONAL SERVICES AGREEMENT EXHIBIT A City of Coppell Total Fee Brinson Benefits, Inc. services include: Plan Benefit/Cost Renewal Analysis Plan Design Consultation & Strategic Benefit Planning Plan Management and Data Analysis Vendor Negotiations Annual Bid Process and Plan Implementations Open Enrollment/Communication Support Customer Service Consulting Fee $48,440/Annual Includes Medical, Specific and Aggregate Stop Loss, Transplant, Dental, Vision, Basic Life & AD&D, Voluntary Products and Disability Subsequent Renewal Annual 3% Cost of Living Adjustment Brinson Benefits Purple Card Employee Benefit Statements Matria/Wellness Works Program (additional fees will apply if additional services are purchased, i.e. biometric screenings, incentives, custom workshops, etc.) $4,509/Annual See EXHIBIT B $10 pepm Benefits Connect (additional fees will apply if changes are made to the system throughout the year) $20,529 The following are not included in the compensation: 5500 preparation, printing, graphic design work, custom programming, contracted third-party services &/or products (COBRA/HIPAA, Technology, Legal/Accounting, Wellness Services, etc.), travel outside of DFW area, and independent third party audits. Any lines of coverage or services not provided in this proposal are subject to additional fees. To be determined at time of request and agreed upon by the City. EXHIBIT B EMPLOYEE BENEFIT STATEMENTS Our Brinson Benefits Team can produce personalized employee benefit statements that can help the City of Coppell improve employee awareness of employer paid benefits. The average employee is usually not aware that company sponsored comprehensive benefit packages often account for a third or more of employer’s total employee related costs. Standard Cost $15 per Employee Benefit Statement if all required data is delivered by the City in the excel format and worksheet standard as provided by the Brinson Benefits employee benefit statement consulting team. Any deviation from the Brinson Benefits standard format or additional data manipulation on the part of the Brinson Benefits consulting team will result in the application of the additional associated non-standard cost as referenced below: Non-Standard Costs • Data Creation – If data must be obtained and/or input from other sources, or data must be calculated by formula, the costs will be an additional $15.00 per Employee Benefit Statement (Total of $30 per Employee Benefit Statement.) • Revisions – Up to 2 revisions of data or format on the standard layout will be permitted without additional costs following submission of the initial review file. • Additional Revisions – A $100 fee for EACH additional revision or manipulation required of the original data will be added to the total cost. • Custom Layout or Format – An additional cost of $500 will be added to the total for a Custom Format. A choice of 4-5 Standard formats will be offered at no additional charge. • Non-Standard Categories – An additional charge of $1.00 per category per Employee Benefit Statement will be charged. • Postage – If Employee Benefit Statements are to be mailed to the Employee’s home, the postage costs will be at the Client’s expense. The Brinson Benefits team will initiate an initial conference call with the appropriate parties at the City of Coppell in order to establish a time line expectation for the project along with assuring that all parties involved are informed of the parameters of the project. Timeline target dates will change depending on client’s response time to each Timeline element. PROFESSIONAL SERVICES AGREEMENT ADDENDUM EXHIBIT C MATRIA PROGRAM ADDENDUM The City of Coppell (the “Customer”) has elected to utilize one or more wellness programs (the “Programs”) developed and maintained by Matria Health Enhancement Company and its Affiliates (“Matria”). Brinson Benefits, Inc. the “Participating Member Firm”) has an agreement with Matria requiring the Participating Member Firm to enter into an agreement with the Customer to have the Customer to acknowledge and fulfill certain obligations with respect to the Programs. This addendum to the contract between the Customer and the Participating Member Firm (the “Contract”) sets forth those obligations and is incorporated into, and forms a part of, the Contract. For the consideration specified in the Contract, including the ability to utilize the Programs, the Customer acknowledges and agrees to the following: 1. The Customer will: (i) conduct business in a manner that does not reflect unfavorably on the products, services, goodwill and reputation of Matria or the Participating Member Firm, (ii) avoid deceptive, misleading, or unethical practices that are or might be detrimental to Matria or the Participating Member Firm or its products or services, including without limitation disparagement of Matria or the Participating Member Firm or its products or services, (iii) make no false or misleading representation with respect to the Programs, (iv) not publish or use any misleading or deceptive advertising material, and (v) not convert, adjust, alter or modify Programs without Matria’s prior written consent. 2. Matria and the Participating Member Firm may sell the Programs and any other products and services to other entities unrelated to the Customer without any obligation to the Customer. 3. The Customer will not directly or indirectly sell the Programs. 4. The Customer will use all reasonable efforts to cause its employees, Affiliates, agents, and End-Users to cooperate with the Participating Member Firm in connection with Matria’s provision of the Programs. For purposes of this addendum, the term “Affiliate” means any individual, enterprise or entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such party. For purposes of this addendum, the term “End-User” means all active employees of the Customer and non- Medicare eligible retirees of the Customer eligible for a Program, all persons on long-term disability eligible for a Program, all non-Medicare eligible employees or retirees claiming COBRA coverage that are eligible for a Program, and all persons who obtain coverage, including COBRA coverage, for a non-Medicare eligible dependent who is eligible for a Program. 5. In connection with the use of the Programs, the Customer will comply with all applicable laws, including, without limitation, laws regarding confidentiality of health records, and will only access, use and disclose patient health records and information in accordance with all applicable laws. Without limiting the generality of the foregoing, the Customer agrees to comply with the applicable provisions of HIPAA, the Employee Retirement Income Security Act (“ERISA”), if applicable, and related regulations, and to enter into such agreements with the Participating Member Firm as may be reasonably necessary from time to time to evidence such compliance. 6. The Customer will designate one member of its staff to serve as a liaison between the Customer and the Participating Member Firm and Matria with respect to the use of the Programs. 7. The Customer hereby represents and warrants to the Participating Member Firm as follows: a) The Customer owns, holds or otherwise possesses, or lawfully uses, all licenses that are in any manner necessary for it to utilize the Programs. b) To the extent required by applicable laws, including HIPAA, the Customer represents and warrants that it has obtained all legally required consents and authorizations that are necessary for the Participating Member Firm and Matria and their Affiliates to provide the Programs to the Customer and End-Users. c) The Customer will utilize the reports provided by the Participating Member Firm or Matria solely for the purpose of evaluating the Programs. The Customer will not provide the reports or any information therein to any third party without the Participant Member Firm’s or Matria’s prior written consent. To the extent that the Customer has requested the Participating Member Firm or Matria to provide reports or information that may in any way provide identifiable End-User information, the Customer (1) will only allow persons to have access to such information to the extent authorized in accordance with all applicable laws, including without limitation, ERISA, if applicable and HIPAA, and (2) will not use or disclose such information in violation of this addendum or any applicable law, including, without limitation, ERISA, if applicable, and HIPAA. 8. This addendum will terminate upon the termination of the Contract. This addendum may be terminated by the Participating Member Firm (1) in the event the Participating Member Firm’s ability to provide the Programs terminates or (2) upon 60 days advance written notice to the Customer. The Customer may terminate this addendum upon 60 days advance written notice to the Participating Member Firm. Notwithstanding the preceding sentence, the Customer may not terminate the addendum for at least one year. If the Customer elects to utilize a 2 Program other than Matria’s “On Line Wellness Program,” the use of that other Program may only be terminated by the Customer on an annual anniversary date of the commencement of the use of the On Line Wellness Program. Upon termination of this addendum for any reason, the Customer will immediately: (i) discontinue use of Matria Marks, (ii) cease all use of the Programs, and (iii) return all Confidential Information (as defined below) to Matria or the Participating Member Firm. Each of the parties will reasonably cooperate to wind-up the relationship between the parties. The Customer will bear the expense of notifying its End-Users of the termination of the addendum and any costs associated with transitioning its End-Users to a new program. Termination of this addendum will not relieve the Customer of its obligation to pay all fees incurred prior to the effective date of such termination and will not limit a party from pursuing all remedies available to it. Provisions of this addendum relating to confidentiality, proprietary rights, disclaimers, limitations of liability and indemnification, along with other provisions intended to survive, will survive termination of this addendum. 9. The Customer will (a) not, directly or indirectly, use or disclose Confidential Information except to the extent necessary to utilize the Programs, and (b) retain Confidential Information in strictest confidence. These restrictions will apply so long as this addendum is in effect and for a period of three years thereafter; provided, that with regarding to any Confidential Information constituting a “trade secret” under applicable law, these restrictions will continue to apply for so long as such item constitutes a trade secret. Notwithstanding the foregoing, a party may disclose Confidential Information when, and to the extent, required to do so by applicable law, a court of competent jurisdiction or a governmental entity; provided, however, that such party shall, to the extent practicable, give prompt notice of such requirement to the other party so that such other party may seek a protective order or other appropriate remedy and may disclose Confidential Information to its attorney. For purposes of this addendum, the term “Confidential Information” means (1) any materials, information, or data of Matria, its affiliates and suppliers in any form, and (2) any derivative works based on any such materials, information or data; provided, however, Confidential Information shall not include materials, information or data to the extent it (i) was lawfully known to the receiving party at the time of disclosure and not subject to an agreement of confidentiality between the parties, (ii) is or becomes publicly known through no act or omission by the receiving party, (iii) is disclosed to the receiving party by a third party having the legal right to make such disclosure without restriction, or (iv) is intended to be distributed to the Participating Member Firm or Customer, including but not limited to marketing materials to be provided to potential Customers. In addition, the terms of this Addendum and the pricing for the Programs will be considered Confidential Information of Matria. 3 10. The Programs are proprietary to Matria and/or its Affiliates and are comprised, in part, of Matria Confidential Information. Except as expressly set forth in this addendum, the Programs and Confidential Information may not be duplicated, modified, reproduced, or used for the benefit of a third party. The Customer acknowledges and agrees that it does not now own, nor by virtue of this addendum or the serves rendered hereunder will it acquire, any right, title or interest in or to the Programs or the intellectual property underlying such Programs, including, without limitation, Matria web sites, educational materials, Program software and hardware, technology, content, information, know how, forms, policies, procedures, manuals, specifications, service models, and designs, or any Matria Confidential Information, and that such right, title and interest is and will remain owned by Matria and its Affiliates, as applicable. 11. During the period in which this addendum is in effect, the parties may use the Marks of the other party to the extent reasonable and necessary to convey information and perform their obligations under this addendum; provided, that each party will retain all right, title, and interest in such Marks; further provided, that Matria may issue a statement and/or other release noting that the Customer is a customer of Matria, subject to the approval of the Customer. For purposes of this addendum, “Mark” includes without limitation trademarks, trade names, service marks, and service names. The Customer and Matria reserve the right to change their Marks at any time. The Customer will be responsible for choosing Marks and private labels that do not infringe the rights of others, that do not inaccurately portray the Programs or mislead End-Users, and that are chosen and used in accordance with all applicable laws. The Customer will indemnify, defend and hold harmless Matria, its Affiliates and is subcontractors against claims brought by third parties regarding such Marks and private labels, including, but not limited to, infringement by or of its own Marks. 12. If the Customer breaches or threatens to commit a breach of any of the provisions of paragraphs 9, 10 or 11, Matria will have the right to seek injunctive relief and specific performance, each of which is in addition to, and not in lieu of, any other rights and remedies available to Matria at law or in equity (or otherwise), it being agreed that any such breach or threatened breach would cause irreparable injury to Matria and that money damages would not provide an adequate remedy. 13. THE PROGRAMS ARE EDUCATIONAL AND INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE CLINICAL SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER THE PARTICIPATING MEMBER FIRM NOR MATRIA MAKES AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAMS, THEIR ABILITY TO REDUCE COSTS OR IMPROVE OUTCOMES. IN NO EVENT SHALL EITHER THE PARTICIPATING MEMBER FIRM OR MATRIA BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL 4 DAMAGES, LOSS OF DATA OR LOST PROFITS, EVEN IF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MATRIA’S AND THE PARTICIPATING MEMBER FIRM’S AGGREGATE MONETARY LIABILITY TO THE CUSTOMER, ITS AFFILIATES AND END-USERS UNDER THIS ADDENDUM AND WITH RESPECT TO THE PROGRAMS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE LESSER OF (I) THE PRICE PAID BY THE CUSTOMER TO THE PARTICIPATING MEMBER FIRM FOR THE PROGRAMS DURING THE ONE YEAR PRECEDING THE CLAIM, OR (II) FIVE HUNDRED THOUSAND DOLLARS ($500,000). THE FOREGOING LIMITATION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. HEALTH INFORMATION PROVIDED IS BASED ON MEDICAL LITERATURE. HOWEVER, USE OF SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE AND CARE FROM A DOCTOR. THE HEALTH INFORMATION IS INTENDED TO HELP PEOPLE MAKE BETTER HEALTH CARE DECISIONS AND TAKE GREATER RESPONSIBILITY FOR THEIR OWN HEALTH, BUT MAY NOT RESULT IN ACTUAL ACHIEVEMENT OF THESE GOALS. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT NEITHER THE PARTICIPATING MEMBER FIRM NOR MATRIA IS RESPONSIBLE FOR THE RESULTS OF ITS END-USERS’ USE OF SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, END-USERS CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR END- USERS CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT. 14. In addition to the indemnity provided in the contract, the Customer will indemnify and hold harmless Matria, the Participating Member Firm, their respective Affiliates and their respective shareholders, directors, partners, officers, employees and agents, from and against any and all claims, damages, costs and expenses (including, without limitation, attorneys’ fees and expenses) (collectively “Damages”), brought or otherwise claimed by a third party and arising out of or relating to any material breach by Customer of this addendum or from the willful misconduct or negligence of the Customer or any of its officers, agents or employees in any manner related to the subject matter of this addendum. The Customer’s indemnification obligations under this paragraph will be conditioned on the receipt of prompt written notice from Matria or the Participating Member Firm to the Customer specifying any event or assertion of which Matria or the Participating Member Firm may request indemnification hereunder. Matria and/or the Participating Member Firm and the Customer will cooperate in determining the validity of any claim or assertion requiring 5 indemnity hereunder and in defending against third parties with respect to the same. Unless otherwise determined by the Customer in its sole discretion, the defense of such litigation will be within the control of the Customer. In the event that the Customer elects to control the defense of any such litigation, Matria and/or the Participating Member Firm will be entitled to participate in such defense with counsel of its choice at its own expense, and shall cooperate fully in connection therewith. Matria’s and/or the Participating Member Firm’s failure to give timely notice or to provide copies of documents or to furnish relevant data in connection with any such third party claim will constitute a defense (in whole or in part) to any claim for indemnification by it. 15. The relationship of the parties will be that of independent contractors, and nothing in this addendum will be construed to: (a) give either party the power to direct and control the day-to-day activities of the other, (b) permit either party to make any representation on behalf of the other or to bind the other, or (c) constitute the parties as partners, joint venturers or co-owners. 16. Notwithstanding anything to the contrary, Matria will have the right to de-identify information and data (collectively, “Data”) and to aggregate such de-identified Data with Matria’s and/or its Affiliates’ databases, and to use such de-identified Data in accordance with all applicable laws for purposes such as to evaluate and improve performance of its Programs, and such de-identified Data will be the property of Matria or its Affiliates. 17. During the period this addendum is in effect and for one year thereafter, the Customer will not, directly or indirectly, employ or offer to employ (as an employee, independent contractor, consultant or otherwise) any current or former employee of Matria or the Participating Member Firm, who then is or was during the preceding one year period involved, in any material respect, in the provisions or receipt of services under this addendum. 18. Neither Matria nor the Participating Member Firm will be liable for any claim under or breach of this addendum resulting from any failure to perform if such performance is prevented by any event of force majeure, including, without limitation, fire or explosion, flood, earthquake, severe weather or other act of God, strike, lockout, boycott, picketing, labor dispute or disturbance, order of any governmental entity, act of terrorism, or other reason beyond the reasonable control of the parties. 19. The Customer (a) makes all payment determinations with respect to an End-User or a health care provider’s claim for health care services and neither the Participating Member Firm nor Matria is responsible for payment of any such claims and (b) makes all coverage decisions with respect to an End-User’s eligibility for or entitlement to coverage or entitlement to receive payment for any admission or health care service provided to the End-User and neither the Participating Member Firm nor Matria shall have any duty to advise healthcare providers or End-Users, with respect to the foregoing. Neither the Participating 6 Member Firm nor Matria, its Affiliates or agents are required to engage in any activity which may be construed or deemed to constitute the practice of medicine under any state’s laws. 20. The parties agree and intend that, for purposes of ERISA, if applicable, the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), and any other applicable law, neither the Participating Member Firm nor Matria will be deemed the “Administrator” and/or “named Fiduciary” or other fiduciary. The Customer waives and will not have any cause of action, at law or in equity, against the Participating Member Firm or Matria, their Affiliates, employees, agents, officers and directors, and hereby releases each of the foregoing parties of and from any and all claims, demands, obligations, liabilities, and causes of action of every nature whatsoever, relating to, arising out of, or resulting from the enforcement of any compliance with ERISA, if applicable, or COBRA. 21. Due to the provisions of the Programs by Matria to the Customer through the Participating Member Firm, Matria is entitled to the benefit of the foregoing acknowledgements, disclaimers and limitations. Executed by Customer: Date: ____________________________ Signature: ________________________ Printed Name: ___________________________ KD_IM-740315_4.DOC 7 OCTOBER 2008-SEPTEMBER 2009 CITY OF COPPELL It is the pleasure of Brinson Benefits to present for your consideration... Presented by: Dee Beasley Hayden (972) 788-9119, ext. 192 dee@brinsonbenefits.com Online Enrollment, Management System Offers Multiple Efficiencies benefitsCONNECTSM streamlines enrollment processes, enhances benefits management, and improves information sharing among employees, employers, and insurance providers. How does benefitsCONNECTSM streamline the enrollment process? • Enables efficient data sharing and transferring of benefits information to any third party who can accept electronic files • Produces enrollment forms populated with information entered online by the employees for vendors who require forms • Produces online employee benefit statements • Allows documents, such as SPDs or benefit overviews, to be uploaded for employees to access any time • Includes a modeling component to calculate benefit costs during the enrollment process How does benefitsCONNECTSM enhance benefits management? • Leverages the use of information collected for management reporting purposes. Information can be downloaded into Microsoft Excel or Access to further customize reports • Integrates benefit election data with existing internal systems, such as payroll, HRIS, and other corporate accounting and management systems • Produces vendor billing information • Maintains a chronological transaction log vital to the integrity and accountability of any benefits administration system • Increases accuracy and efficiency by collecting all required employee information the first time It is estimated that over $50 billion is spent annually on duplicative paper processes in the administration of group insurance products. Brinson Benefits’ unique partnership with benefitsCONNECTSM offers a web-based employee benefits enrollment and management system, which can reduce administrative time and costs. Third Year Implementation Schedule of Fees—Fiserv System Development Annual User Fee – Client Access License(s) Electronic Feed Distribution Fiserv – Medical, PBM, HRA & FSA , DM Survey Humana—Dental Block Vision—Vision Annual Technical & Consulting Support Fees Total 3rd Year Implementation Fee $ 20,529 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: Parks and Recreation September 23, 2008 13/F ✔ CONTRACT/BID or PROPOSAL Consider approval of a contract for the renewal of the Dallas County Health Services Agreement, effective October 1, 2008 through September 30, 2009, in the amount of $3,131.00 and authorizing the mayor to sign. For FY 2009, the Dallas County Commissioners Court elected not to increase the contract amount, therefore, the contract cost is based on the FY 2008 contract amount. Funds for this contract are budgeted in Environmental Health, Other Professional Services. ^Dallas Co. Health- 1 AR 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 September 23, 2008 14 ✔ RESOLUTION Consider approval of a Resolution approving the revised Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation and authorizing the Mayor to sign. During negotiations for the acquisition of the land, it was necessary to revise the amount of land being acquired. This change resulted in the revised Notice of Intention being published on September 12, 2008 and September 19, 2008. This change also moved the sale sate of the Certificates from September 23, 2008 to October 14, 2008. The closing date remains October 23, 2008. Staff recommends approval. $Intent to Issue Revised-1AR CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS : COUNTIES OF DALLAS AND DENTON : CITY OF COPPELL : We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 23RD DAY OF SEPTEMBER, 2008, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Douglas N. Stover, Mayor Marvin M. Franklin, Mayor Pro Tem Jayne Peters Brianna Hinojosa-Flores Marsha Tunnell Billy Faught Karen Hunt Libby Ball, City Secretary and all of said persons were present, except the following absentees: ______________________________ thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING REVISED NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 23rd day of September, 2008. ____________________ _________________________ City Secretary Mayor (CITY SEAL) RESOLUTION #__________ RESOLUTION APPROVING REVISED NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS : COUNTIES OF DALLAS AND DENTON : CITY OF COPPELL : WHEREAS, the City Council, at a regular meeting of August 12, 2008, authorized the publication of Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, Series A and Series B, for the acquisition of land known as North Lake Property as owned by Luminant Energy; and WHEREAS, the Notice of Intention (“Notice”) to issue the Combination Tax and Revenue Certificates of Obligation (“Certificates of Obligation”) was published on August 15, 2008 and August 22, 2008, for the sale and authorization of the Certificates of Obligation by the City Council on September 23, 2008; and WHEREAS, after negotiations for the acquisition of the land, it was necessary to revise the Notice of Intention to reduce the amount of land which is to be acquired, and also reduce the amount of the proposed Certificates of Obligation, Series B, which resulted in a publication of a revised Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation for the sale and authorization by the City, at the City Council’s regular meeting of October 14, 2008; and WHEREAS, the revised Notice has been duly published on September 12, 2008 and September 19, 2008 for the sale and authorization of the Certificates of Obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL: 1. That attached hereto is the form of the revised Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation which has been duly published in a newspaper of general circulation in said City on September 12, 2008 and September 19, 2008, and such Notice is hereby approved, ratified and affirmed by the City Council on behalf of the City. 2. That this Resolution shall become effective immediately upon adoption. APPROVED AND ADOPTED this 23rd day of September, 2008. ATTEST: ____________________________ ____________________________ City Secretary Mayor APPROVED: _____________________________ City Attorney REVISED NOTICE FOR PUBLICATION CITY OF COPPELL, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION The City of Coppell does hereby give notice of intention to issue Combination Tax and Revenue Certificates of Obligation, in one or more series, being the Series A, in the principal amount not to exceed $20,000,000, for the acquisition of approximately 360 acres and the Series B, in the principal amount not to exceed $6,500,000, for the acquisition of approximately 115 acres; being a total of approximately 475 acres all out of a tract of land of approximately 940 acres known as North Lake property owned by Luminant, being located east of south Beltline, south of east Beltline, west of Valley Ranch Road being located in Irving and north of Hackberry Road, to be used in part for water system improvements including storage facilities and pumping station and in part for future municipal improvements, facilities and purposes, and for paying legal, fiscal, and engineering fees in connection with such projects. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from limited surplus revenues of the City's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the Net Revenues of the City's combined Waterworks and Sewer System. The City Council intends to consider for passage at a Regular Meeting to be held at 7:00 P.M., on October 14, 2008, the Ordinances authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series A and Series B, at the City Hall, Coppell, Texas. Douglas N. Stover, Mayor 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: Human Resources September 23, 2008 15 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding bid RFP#0093 City of Coppell Medical Plan Stop Loss Insurance to Aetna Signature Administrators in the amount of $341,786 and authorizing the City Manager to sign. Staff worked with our benefits consultant to request proposals for stop loss insurance coverage. All of these proposals were reviewed by our staff Insurance Committee which consists of the City Manager's office, Director of Finance, Chief Accountant, Director of Administration and Human Resources and the Assistant Director of Human Resources. The Insurance Committee recommends awarding the contract to Aetna Signature Administrators for the City's Health Benefit Plan Stop Loss insurance coverage in the amount of $341,786. Attached is an outline of the fees associated with this agreement. Funds for this contract are budgeted in the Self Insurance Fund. Staff recommends approval. &Aetnaagreement-1AR City of Coppell Renewal Analysis - $85,000 Stop Loss with Aggregating Specific Census Information for Reinsurance Costs Single 202 Family 128 Total 330 SOLD 10.01.08 Proposed Vendors:Current Initial Renewal Revised Renewal Option 1 Option 1 Claims Administrator Fiserv Fiserv Fiserv Fiserv Fiserv Stop Loss Carrier Aetna Aetna Aetna Aetna Aetna PPO Network Aetna Aetna Aetna Aetna Aetna (Revised) Reinsurance Coverage: Specific Deductible/Person $75,000 with 45k Agg. Spec. $75,000 with 45k Agg. Spec. $75,000 with 45k Agg. Spec. $85,000 with 45k Agg. Spec. $85,000 with 45k Agg. Spec. Contract Basis 18/12 24/12 24/12 24/12 24/12 Lifetime Maximum Benefit/Person $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Specific Coverage Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx Aggregate Coverage Medical & Rx Medical & Rx Medical & Rx Medical & Rx Medical & Rx Reinsurance Costs: Specific Reinsurance Premium (Single) $38.72 $54.58 $51.97 $49.39 $47.02 Specific Reinsurance Premium (Family) $116.03 $158.98 $151.39 $143.86 $136.97 Aggregate Reinsurance Premium $4.35 $4.48 $4.35 $4.53 $4.40 Monthly Medical/Rx Aggregate Factor (Single) $337.66 $354.43 $354.43 $358.84 $358.84 Monthly Medical/Rx Aggregate Factor (Family) $1,011.87 $1,032.42 $1,032.42 $1,045.26 $1,045.26 Monthly Reinsurance Premiums (fixed) $24,109 $32,853 $31,311 $29,886 $28,482 Monthly Aggregate Attachment Point (claims) $197,727 $203,745 $203,745 $206,279 $206,279 Annual Reinsurance Costs (premium + claims) $2,662,026 $2,839,173 $2,820,672 $2,833,981 $2,817,134 Fully Insured Transplant Costs: Fully Insured Transplant Premium Single $3.74 $3.74 $3.74 $3.74 $3.74 Family $8.52 $8.52 $8.52 $8.52 $8.52 Monthly Fully Insured Transplant Premiums 1,846 1,846 1,846 1,846 1,846 Administration Costs: Medical Plan Administration Fee $18.32 $18.32 $18.32 $18.32 $18.32 Rx Administration - PBM $1.50 $1.50 $1.50 $1.50 $1.50 COBRA / HIPAA Administration Fee (paid annual in advance) $1.73 $1.73 $1.73 $1.73 $1.73 Wellness $8.00 $10.00 $10.00 $10.00 $10.00 Brinson Benefits $11.88 $12.23 $12.23 $12.23 $12.23 Utilization Review Services $5.85 $5.85 $5.85 $5.85 $5.85 Preferred Provider Network Fee $9.00 $9.00 $9.00 $9.00 $9.00 Monthly Administrative Fixed Costs $18,571 $19,349 $19,349 $19,349 $19,349 Group Totals: Annual Reinsurance Cost $289,305 $394,238 $375,736 $358,634 $341,786 Annual Fully Insured Transplant Premiums $22,152 $22,152 $22,152 $22,152 $22,152 Annual Administration Cost $222,853 $232,184 $232,184 $232,184 $232,184 Annualized Fixed Cost $534,311 $648,575 $630,073 $612,970 $596,123 Expected Aggregate Stop Loss (Expected Claims) $1,898,176 $1,955,948 $1,955,948 $1,980,278 $1,980,278 Annualized Aggregate Stop Loss (Maximum Claims) $2,372,720 $2,444,935 $2,444,935 $2,475,348 $2,475,348 Aggregating Specific Potential Liability $45,000 $45,000 $45,000 $45,000 $45,000 Attached Laser Liability $0 $75,000 $75,000 $65,000 $65,000 Expected Annual Fixed + Claim Cost $2,477,487 $2,724,523 $2,706,021 $2,703,248 $2,686,401 Maximum Annual Fixed + Claim Cost $2,952,031 $3,213,510 $3,195,008 $3,198,318 $3,181,470 Percentage Change: Reinsurance Cost 36.27% 29.88% 23.96% 18.14% Administration Cost 4.19% 4.19% 4.19% 4.19% Expected Claims 3.04% 3.04% 4.33% 4.33% Aggregate Stop Loss 3.04% 3.04% 4.33% 4.33% Fixed Renewal Cost (Reinsurance + Administration) 21.39% 17.92% 14.72% 11.57% Expected Renewal Cost (Fixed + Expected Claims) 9.97% 9.22% 9.11% 8.43% Maximum Renewal Cost (Fixed + Maximum Claims) 8.86% 8.23% 8.34% 7.77% City of Coppell 9/12/2008 15 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: Human Resources September 23, 2008 16 ✔ CONTRACT/BID or PROPOSAL Consider approval of a professional services agreement with United Medical Resources (UMR) to provide third party health claim administration for the City of Coppell Health Benefit Plan in the amount of $147,893 and authorizing the City Manager to sign. The Staff Insurance committee which consists of the City Manager's Office, Director of Finance, Chief Staff Accountant, Director and Assistant Director of Human Resources along with our benefits consultant Brinson Benefits reviewed several companies solicited request for proposals. Staff recommends that we remain with UMR using the Aetna PPO network for our City employees' health plan administration because their proposed services offered a competitive overall cost. We believe that the Aetna network gives the City the best opportunity to be able to control health care costs this next year. In addition, the services available through UMR gives the City the opportunity to maintain our HRA medical plan design and Flexible Benefits plan through one provider. The total annual amount of this agreement is $147,893. Funds for this agreement are budgeted in the Self Insurance Fund. Staff recommends approval. &UMRagreement-1AR A renewal presentation for: City of Coppell Presented to Brinson Benefits by Kelly Millender & Jana Nentwich July 2008 City of Coppell Page 2 Health Care Trends At UMR, our customers and members come first. Our goal is to promote overall health in members, while controlling costs. In 2007 . . . •Nationwide, medical trend was 11.6 percent for PPO plans1 •UMR book of business medical trend was 2.2 percent •Employees across the country were asked to contribute more through higher premiums, deductibles, co-payments, and coinsurance levels •The momentum of high deductible health plans was slower than previously predicted In 2008 . . . •Nationwide, medical trend is projected to be between 9.4 percent and 11.7 percent1 •UMR book of business medical trend is projected to be between 5 percent and 6 percent •The focus on cutting-costs moves from increasing member expenditures to education and wellness programs Together companies and employees can influence the bottom line now and in the future. UMR looks forward to continuing our role in providing options and solutions designed to achieve successful results. 1- 2008 Segal Health Plan Cost Trend Survey City of Coppell Page 3 Renewal Administration Fee Summary City of Coppell Effective: 10/01/2008 All fees shown as PEPM unless noted Administration and Access Fees EEs Current Renewal %Change Medical claims 335 $18.32 $18.32 0.00% Aetna Signature AdministratorsSM – access fee 335 $9.00 $9.00 0.00% Commission 335 Net Net 0.00% Stop loss interface 335 Included Included 0.00% Enhanced utilization and case management 335 $3.00 $3.00 0.00% Disease management 335 $2.85 $2.85 0.00% Health reimbursement account 335 Included Included 0.00% Flex – HCA - PPPM 67 $4.00 $4.00 0.00% Flex – DCA 33 Included in HCA fee Included in HCA fee 0.00% Average PEPM: $33.97 $33.97 0.00% Total annual: $136,559 $136,559 0.00% Other Products and Services Current Renewal Ad hoc reports and analysis – per hour (2 hours are included in the administrative fee) $100.00 $100.00 ID card mailing charge – employee residence Included Included New York surcharge filing and administration – annual fee Included Included Medstat reporting Included Included Electronic eligibility to outside vendor - current arrangement Included Included Customized ID cards – per new card set up Waived $1,000 per new card setup Mail special packets to new hires - current arrangement Postage cost Postage cost Claim reprocessing – per claim $25.00 $25.00 Subrogation – percent of recoveries 33% 33% Banking - positive pay agreement – annual fee $700.00 $700.00 Cost reduction and savings program - percent of savings 30% 30% Insured transplant carveout coordination fee Included Included Run-out claim administration* – Month 1 Base medical administration fee (network access, UM/CM, and disease management fees not charged) Run-out claim administration* – Month 2 75% of base medical administration fee Run-out claim administration* – Month 3 50% of base medical administration fee Run-out claim administration* – Month 4 $1,000 flat fee Run-out claim administration* – Month 5 – Month 6 No charge Run-out claim administration* – Month 7 $500 flat fee Run-out claim administration* – Month 8 – Month 12 No charge *If the contract is terminated before October 1, 2010, a $2,500 early termination fee will be applied. City of Coppell Page 4 Optional Products and Services Summary City of Coppell Effective: 10/01/2008 All fees shown as PEPM unless noted Optional Products UnitedHealthcare Options PPO Network – access fee – 335 employees $10.40 Conditions •UMR assumes all services provided will be handled according to our standard format and procedures, unless otherwise specifically addressed within this proposal. Specialized services will be priced as necessary. •Fees proposed assume utilization and case management services are provided through Avidyn Health in order to access the UnitedHealthcare Options PPO Network. •Fees proposed assume UMR will provide at a minimum, medical administration, network access, utilization and case management, prescription drug coverage, and stop loss purchased through UMR on an Aetna stop loss policy to access the Aetna Signature Administrators(SM) network. •Aetna Signature AdministratorsSM network access fees assume a standard PPO plan design with a minimum differential of 20 percent coinsurance between in-network and out-of-network benefits, no referral administration, and no primary care physician tracking. •Fees proposed assume that the schedule of benefits complies with the minimum differential which may be required by the network(s). UMR will assist with that determination if needed. •Fees proposed are subject to change if a division, subsidiary, affiliated company is added or deleted from the plan, or if the number of covered employees changes by 15 percent or more from this proposal. •Fees proposed assume a three-year contract. Additional fees apply if contract is terminated early. •This proposal is valid until the effective date and does not bind coverage or obligate UMR. •All quoted product fees assume UMR administers the medical plan. •Claims reprocessing due to situations such as retroactive benefit or eligibility changes may require additional fees. •Utilization of non-approved PBM may require additional fees. Please refer to your UMR contact for approved PBMs. •Deductible integration of prescription drug and medical claims requires daily connectivity between the pharmacy benefits manager (PBM) and the plan administrator, additional coordination fees apply. External vendors are subject to prior approval. •UMR and the stop loss carriers are not bound by any typographical errors and/or omissions contained herein. Refer to actual proposal rates, contingencies, and other conditions. •Proposed fees assume a standard PPO plan design with no referral administration and no primary care physician tracking. 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 September 23, 2008 17 ✔ PROCEDURAL Consider approval of the Annual Report from the Coppell Education Development Corporation. Only four meetings were held because only seven grant applications were submitted. We have written to the school districts involved and requested they spend the outstanding revenue. Staff recommends approval. !CEDC-1AR COPPELL EDUCATION DEVELOPMENT CORPORATION ANNUAL REPORT FY07-08 ANNUAL PERFORMANCE REVIEW FY08-09 PROJECTION OF GOALS FY09 BUDGET SEPTEMBER 23, 2008 ANNUAL CORPORATE BUDGET FY07-08 ANNUAL PERFORMANCE REVIEW, FY08-09 PROJECTION OF GOALS AND FY09 BUDGET FY07-08 ANNUAL PERFORMANCE REVIEW FY07-08 (October 1, 2007 through September 30, 2008) was the seventh fiscal year for the Coppell Education Development Corporation (CEDC). Sales tax collection was scheduled to end December 31, 2007, but was extended by the State Comptroller to March 31, 2008. The following seven individuals comprised the CEDC Board of Directors: 1) Antonio Altemus 467 Clear Creek Lane, Coppell, TX 75019 2-yr. term 2) Gina Mote 1523 Falls Road, Coppell, TX 75019 1-yr. term 3) Bill Elieson 369 E. Parkway Blvd., Coppell, TX 70519 2-yr. term 4) Marilyn Kibler 306 Buttonwood Court, Coppell, TX 75019 2-yr. term 5) Brian Letzkus 105 Branchwood Trail, Coppell, TX 75019 1-yr. term 6) Thomas Massimi 1018 Gibbs Crossing, Coppell, TX 75019 1-yr. term 7) April Terry 164 Bricknell Lane, Coppell, TX 75019 2-yr. term The CEDC Board of Directors met on Wednesday, November 14, 2007 at Coppell Town Center. At this first meeting the CEDC Board elected the following individuals to serve as officers per its bylaws: „ Antonio Altemus, President „ Biran Letzkus, Vice President „ Gina Mote, Secretary With these officers presiding, joined by the CEDC staff liaison Jim Witt, Coppell City Manager, and Kathy Bowling, Recording Secretary, the CEDC held four Board of Director meetings throughout FY07-08 including November 14, 2007, December 12, 2007, February 13, 2008, and May 14, 2008. The regularly scheduled October 2007, January, March, April, June, July, August and September 2008 meetings were cancelled because there were no grants to review. GRANT APPLICATIONS AND REVIEW At the November 14, 2007 meeting the Board unanimously approved three grants from the Coppell Independent School District. They included: A grant in the amount of $1,236,368 for 18 ESL teachers, 3 aides and 3 bilingual teachers; a grant in the amount of $847,412 for 13 Spanish teachers at the high school, and 2.5 Spanish teachers at Coppell middle schools; and a 2 grant in the amount of $761,314 for 13 literacy intervention support teachers. One grant from The North Hills Preparatory School was also approved to provide funding for computers, keyboards, monitors, printers and software to update technology in the amount of $54,210. At the December 12, 2007 meeting the Board voted to approve a grant application from the Lewisville Independent School District in the amount of $9,660 for books at Rockbrook Elementary. At the February 13, 2008 meeting a grant from Coppell Independent School District in the amount of $45,000 for production equipment for students interested in communications careers at the high school was unanimously approved. SCHOOL # OF STUDENTS % OF FUNDS BUDGET ALLOCATION AS OF 4/15/08 PLUS CARRYOVERS Coppell ISD 8,292 92.68% $8,376,722.97 Carrollton/Farmers Branch ISD 515 5.76% $637,084.82 North Hills School 84 .94% ($367.90) Lewisville ISD 56 .63% $18,666.07 TOTAL 8,947 100.00% $9,032,105.96 At the May 14, 2008 meeting a grant from The North Hills Preparatory School in the amount of $25,000 was approved unanimously. The grant was for seven technology stations, headphones, and six hours of professional development training for the entire faculty. City Manager Jim Witt distributed the estimated sales tax collections as of April 15, 2008. 2008 ACTUAL RESULTS CISD Total: $1,473,878 of $1,449,294 using $24,584* CFBISD Total: $97,028 of $90,013 using $7,015* NHS Total: $27,105 of $14,682 using $12,423* LISD Total: $9,660 of $9,788 leaving $128 $1,607,671 of $1,563,777 *Funds carried forward. 3 Original sales tax projection was $3,700,000. Actual collections were $3,189,348 -- $510,652 less due to collections being less than anticipated. Any unspent funds roll forward to the next year. SUMMARY OF FY 2007-08 GRANT AWARDS 2008-L02 CISD ESL $1,236,368.00 20086-S01 CISD Spanish Teachers $ 847,412.00 2008-L01 CISD Literacy $ 761,314.00 2008-T02 CISD Technology $ 45,000.00 2008-L03 LISD Books $ 9,660.00 2008-T01 North Hills Technology $ 54,210.00 2008-T03 North Hills Technology $ 25,000.00 TOTAL $2,978,964.00 FY08-09 PROJECTION OF GOALS The purpose and overriding goal of the Coppell Education Development Corporation, a nonprofit, non-stock corporation with no members, is to finance programs to publicly funded institutions which will promote literacy, foreign language and career technology for a skilled workforce, as authorized by Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as amended. The collection of a half-cent sales tax for education ended on March 31, 2008. Current board members will continue to serve until all funds have been expended. In support of this goal, the objectives of the CEDC Board of Directors for FY08-09 (October 1, 2008 through final disbursement in 2009) are represented in brief by the following bulleted list: „ Continue to convene the CEDC Board of Directors at regularly scheduled meetings throughout FY09 to faithfully administer the CEDC grant application, review and award funding in accordance with the bylaws, and the grant review policy adopted by the Mayor and Council. The current CEDC education development plan, in accordance with city of Coppell budgetary estimates, expects to administer during FY09 the following levels of grant awards: FY07 379A Sales Tax Revenue Estimate $9,032,106 „ Process FY09 Grant Applications from October 2008 through final distribution of all remaining revenue. „ Finalize FY09 Grant Agreements from October 2008 through final disbursement of all funds. 4 „ Develop and submit final CEDC Annual Corporate Budget report by October 1, 2009. „ Work with school districts to expend all remaining funds in as expedient a manner as possible. FY09 BUDGET The CEDC FY09 Budget included herein is based on the most current available estimate of FY08 collectable 379A sales tax revenues as provided by the Coppell Finance Director. This budget is also simply modeled to reflect the four (4) top-level account categories used as a standard in the budgets of the city of Coppell. Revenues Section 379A (Municipal Education Development Act) Sales Tax Revenue $200,000 Expenditures Salary & Benefits $0 Supplies $0 Maintenance $0 Services Grant Award Services $9,032,106 This Annual Corporate Budget report is respectfully submitted in accordance with the Bylaws of the Coppell Education Development Corporation (CEDC) this 23rd day of September 2008. ON BEHALF OF THE CEDC BOARD OF DIRECTORS By: ___________________________________ Antonio Altemus, President 5 AGENDA REQUEST FORM DATE: September 23, 2008 ITEM #: 18 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Bond Rating. B. Report by Mayor Stover regarding Hurricane Ike Assistance. C. Report by Councilmembers Brancheau and Faught regarding GrapeFest Mayoral Grape Stomp. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: September 23, 2008 ITEM #: 19 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Peters and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters. E. DFW Airport Board – Peters. F. International Council for Local Environmental Initiatives (ICLEI) –Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Hunt. I. Metrocrest Medical Services – Hinojosa-Flores. J. Metrocrest Social Service Center – Hunt. K. North Texas Council of Governments – Peters. L. NTCOG/Regional Emergency Management – Franklin. M. North Texas Commission – Franklin. N. Senior Adult Services – Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport AGENDA REQUEST FORM DATE: September 23, 2008 ITEM #: 20 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: September 23, 2008 ITEM #: 21 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: September 23, 2008 Department Submissions: Item No. 10 was placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Fire Department Item No. 11 was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Police Department Item No. 13/F was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 13/C and 13/D were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Item Nos. 13/E, 15 and 16 were placed on the Agenda for the above- referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Human Resources Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)