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CP 2009-05-26 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 26, 2009 JAYNE PETERS, KAREN HUNT, Place 7 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 BOB MAHALIK, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, May 26, 2009, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag052609 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding property south and east of Beltline Road. B. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. ED Prospects west of Denton Tap/Beltline Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation and discussion regarding potential Coppell Aquatics & Recreation Center Expansion. B. Presentation and discussion regarding potential Wagon Wheel Tennis Center Expansion. C. Update on Grapevine Springs Senior and Community Center construction. D. Update on Rolling Oaks Memorial Center construction. E. Discussion regarding Alcohol Sales at “Oak Fest.” F. Discussion regarding Mayor/Council participation in the July 4th Parade. G. Discussion regarding Commercial/Retail Outdoor Storage. H. Discussion regarding Council Travel Schedule. I. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. ag052609 Page 2 of 5 ITEM # ITEM DESCRIPTION 7. Consider approval of proclamation naming May 30, 2009 as Coppell Community Garden Day, and authorizing the Mayor to sign. 8. Consider approval of a proclamation proclaiming the week of May 25, 2009 through May 31, 2009, as Emergency Medical Services Week, and authorizing the Mayor to sign. 9. Consider approval of a proclamation naming Tuesday, May 26, 2009 as Coppell Band Appreciation Day, and authorizing the Mayor to sign. 10. Consider approval of a proclamation naming Tuesday, May 26, 2009 as Coppell Girl's Soccer Appreciation Day, and authorizing the Mayor to sign. 11. Report by Park Board. 12. Citizens' Appearances. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 12, 2009. B. Consider approval to accept Justice Assistance Grant (JAG) Program Funding provided under the American Recovery and Reinvestment Act of 2009 in the amount of $13,767.72; and authorizing the City Manager to sign. C. Consider approval of Bid No. Q-0409-02 for the installation of an Ultraviolet Sanitation System for the pools at the Aquatics and Recreation Center, to Texas Aquatic Supply, in the amount of $68,300.00, and authorizing the City Manager to sign the necessary documents. END OF CONSENT 14. Presentation by the Coppell Historical Society regarding the service station at West Bethel and South Coppell Roads in Old Town Coppell. 15. PUBLIC HEARING: To gather citizen input on the use of Community Development Block Grant available funds. ag052609 Page 3 of 5 ITEM # ITEM DESCRIPTION 16. PUBLIC HEARING: Consider approval of Case No. PD-241-SF/C, Red Hawk, zoning change request from O (Office) to PD-241-SF/C (Planned Development - 241- Single Family/Commercial) with a Detail Plan to allow 54 single-family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery on approximately 14.9 acres of property and a Concept Plan for two commercial tracts containing approximately 1.5 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. 17. Consider approval of the Red Hawk, Preliminary Plat, a request for approval of a preliminary plat for 54 single-family lots, a cemetery parcel and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. 18. Consider ratification of an emergency contract in the amount of $171,950.00 to Craig Olden, Inc. for emergency slope stabilization work on Sandy Lake Road between the entrance to St. Joseph Village and 300 LF upstream; using funds from the Municipal Drainage Utility District Fund; and executed by the City Manager on May 18, 2009 according to General Exemption (1) of Section 252 of the Local Government Code. 19. Consider approval of an amendment to the contract made between the City of Coppell and Redflex Traffic Systems, Inc. for the Photo Red Light Enforcement Program; and authorizing the City Manager to sign. 20. Mayor and Council Reports. A. Report by Councilmember Faught regarding Ride of Silence. 21. 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 – 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. ag052609 Page 4 of 5 ITEM # ITEM DESCRIPTION L. NTCOG/Regional Emergency Management – Franklin. M. North Texas Commission – Franklin. N. Senior Adult Services – Faught. 22. Necessary action resulting from Work Session. 23. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Jayne Peters, 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 22nd day of May, 2009, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag052609 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: May 26, 2009 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding property south and east of Beltline Road. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Denton Tap/Beltline Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: May 26, 2009 ITEM #: WS-3 WORK SESSION A. Presentation and discussion regarding potential Coppell Aquatics & Recreation Center Expansion. B. Presentation and discussion regarding potential Wagon Wheel Tennis Center Expansion. C. Update on Grapevine Springs Senior and Community Center construction. D. Update on Grapevine Springs Senior and Community Center construction. E. Discussion regarding Alcohol Sales at “Oak Fest.” F. Discussion regarding Mayor/Council participation in the July 4th Parade. G. Discussion regarding Commercial/Retail Outdoor Storage. H. Discussion regarding Council Travel Schedule. I. 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: Parks & Recreation May 26, 2009 7 ✔ PROCLAMATION Consider approval of proclamation naming May 30, 2009 as COPPELL COMMUNITY GARDEN DAY and authorizing the Mayor to sign. Mayor to sign PROCLAMATION WHEREAS, since 1998, the Coppell Community Garden, a non-profit organization, has partnered with the City of Coppell and contributed positively to a healthy community through two community gardens, the Coppell Farmers Market and Environmental Education; and WHEREAS, the Coppell Community Garden has provided community gardening where the public can learn organic vegetable gardening techniques and volunteer for community service to grow and donate fresh, nutritious produce for families in need; and WHEREAS, the Coppell Community Garden has partnered with Metrocrest Social Services Food Pantry to provide the community garden produce every Saturday morning to be distributed to qualifying families and individuals; and WHEREAS, in 2009, the Coppell Community Garden has reached the milestone of donating a total of 100,000 pounds of community grown produce to Metrocrest Social Services totaling approximately 400,000 servings of nutritious food. NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell, do hereby proclaim this Saturday, May 30, 2009 as 0B"COPPELL COMMUNITY GARDEN DAY" in the City of Coppell, and I urge all citizens to celebrate with the dedicated volunteers of the benefits and accomplishments of the Coppell Community Garden organization. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ______day of May 2009. ________________________ Jayne Peters, 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: Fire Department May 26, 2009 8 ✔ PROCLAMATION Consider approval of a proclamation proclaiming the week of May 25, 2009 through May 31, 2009, as Emergency Medical Services Week, and authorizing the Mayor to sign. Staff recommends approval. PROCLAMATION WHEREAS, Emergency medical services is a vital public services; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services teams consist or emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, eductors, administrators, and others; and WHEREAS, the members of emergency medical services teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services provides by designating Emergency Medical Services Week; and NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell, do hereby proclaim May 25-31, 2009 as "EMERGENCY MEDICAL SERVICES WEEK" IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of May 2009. _____________________________ Jayne Peters, Mayor ATTEST: _____________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager May 26, 2009 9 ✔ PROCLAMATION Consider approval of a proclamation naming Tuesday, May 26, 2009 as COPPELL BAND APPRECIATION DAY and authorizing the Mayor to sign. !CHS Band-1AR PROCLAMATION WHEREAS, all four Coppell High School Concert Bands earned perfect marks at the Region 20 UIL concert and sight reading contest; and WHEREAS, not only did all four concert bands earn a Division I rating at the contest, but also earned a Division I rating from each of the six judges; WHEREAS, very few 5A bands in Texas take four concert bands to contest, it is even more rare that all four bands receive straight first divisions from all judges; and WHEREAS, about 300 CHS band students participated in the UIL competition this year; and WHEREAS, the judges look for whether a band has a great sound, plays together and has the technique required for performing the music; and WHEREAS, the band was also presented the Sudler Shield award by a representative of the John Philip Sousa Foundation at the May 14th spring concert; and WHEREAS, this award recognizes excellence in bands throughout the world with just four bands receiving the award this year, Coppell being the only band from Texas; and WHEREAS, the City Council wishes to show appreciation for the excellent manner in which the members of the Coppell High School Band represented our community. NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell, do hereby proclaim Tuesday, May 26, 2009 as "COPPELL BAND APPRECIATION DAY" with special recognition to the Coppell High School Band Director Scott Mason, Associate Director Mike Davis, Assistant Director Brandon Slovak, and Percussion Director Alan Miller. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of May 2009. ____________________________ Jayne Peters, Mayor ATTEST: ___________________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager May 26, 2009 10 ✔ PROCLAMATION Consider approval of a proclamation naming Tuesday, May 26, 2009 as COPPELL GIRL'S SOCCER APPRECIATION DAY and authorizing the Mayor to sign. !CHS Girl's Soccer-1AR PROCLAMATION WHEREAS, The Coppell High School Girls Soccer Team successfully beat The Woodlands in the Finals 3 – 2 to win the Class 5A State Championship; and WHEREAS, this win came on the heels of a dramatic win against No. 1 ranked San Antonio Reagan, in a 1 - 0 overtime thriller in the State Semifinals; and WHEREAS, Laura Sadler was nominated as the State Tournament MVP, and Spayne Avant, Alyssa Diggs and Chioma Ubogagu were nominated to the State All Tournament Team; and WHEREAS, Chioma Ubogagu was named Dallas Morning News all Area Team, and Alyssa Diggs was named 2nd Team All Area and Coach Stricker - Coach of the Year; and WHEREAS, the following were awarded 2009 Coppell Cowgirl’s Team Awards: Most Valuable Player- Chioma Ubogagu Best Offensive Player- Alyssa Diggs Best Defensive Player- Spayne Avant Fighting Heart Award- Danielle Herubin and Laura Sadler Most Improved Player- Erin Barlow WHEREAS, Coppell is proud of all of these young athletes not only for winning, but for practicing good sportsmanship and playing as team while maintain focus, determination, and a high level of intensity. NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell, do hereby proclaim Tuesday, May 26, 2009 as "COPPELL COWGIRLS SOCCER APPRECIATION DAY" with special recognition to Head Coach Chris Stricker, Assistant Coaches Michelle McAlister and Justin Heller, Athletic Director John Crawford and Athletic Coordinator Sherri Hankins. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of May 2009. ____________________________ Jayne Peters, 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 May 26, 2009 11 ✔ REPORT Report by the Park Board. The semi-annual report will be made by a member of the Park Board. No action necessary on this item. %boardreport AGENDA REQUEST FORM DATE: May 26, 2009 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 May 26, 2009 13/A ✔ PROCEDURAL Consider approval of minutes: May 12, 2009 Minutes of the City Council meeting held on May 12, 2009. Staff recommends approval. %minutes MINUTES OF MAY 12, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 12, 2009, 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) Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, Councilmember (late arrival) Also present were City Manager Clay Phillips, 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 Work Session. Councilmembers Hunt and Hinojosa-Flores arrived before convening into Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding Mayor Pro Tem. B. Discussion regarding 121 Sound Walls. C. Discussion of Agenda Items. A RECEPTION WAS HELD FROM 6:00 P.M. TO 7:00 P.M. TO HONOR OUTGOING MAYOR DOUG STOVER. REGULAR SESSION (Open to the Public) 3. Convene Regular Session. cm051209 Page 1 of 10 4. Invocation. Monsignor Duesman of St. Ann Catholic Church led those present in the Invocation. 5. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 6. Discuss and consider approval of finding of facts and conclusions in the Mira Mar appeal and authorizing the Mayor to sign. Robert Hager, City Attorney, read the finding of facts and conclusions for the record. Action: Councilmember Peters moved to approve finding of facts and conclusions in the Mira Mar appeal and authorized the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught and Hunt voting in favor of the motion. 7. Canvass returns of the May 9, 2009 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. Robert Hager, City Attorney, read the Canvass of returns of the May 9, 2009 General Municipal Election. Mayor Total Jayne Peters 1404 Place 2 Total Bob Mahalik 944 Brent Wooten 608 cm051209 Page 2 of 10 Place 4 Total Marsha Tunnell 1287 Place 6 Total Marvin Franklin 1272 Action: Councilmember Tunnell moved to approve the canvass returns of the May 9, 2009 General Municipal Election, approved Resolution No. 2009-0512.1 declaring the results of said election; and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 8. Swearing in of Mayor and Councilmembers Place 2, 4 & 6. Judge Moseley swore in Jayne Peters as Mayor, Bob Mahalik as Councilmember Place 2, Marsha Tunnell as Councilmember Place 4 and Marvin Franklin as Councilmember Place 6. At this time, Mayor Peters presided over the meeting. 9. Presentation and remarks regarding former Mayor Douglas N. Stover. Presentation: Presentations to Doug Stover were made by Senator Harris’ Office, Congressman Marchant’s Office; Cindy Warner, Steve Orr and Susie Kemp presented a gift from the CISD, and Mayor Peters read a presentation for Representative Jackson’s Office and a proclamation from the City of Coppell. Action: Councilmember Tunnell moved to approve a city proclamation in honor of Doug Stover and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor cm051209 Page 3 of 10 Pro Tem Franklin and Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught and Hunt voting in favor of the motion. 10. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Action: Mayor Pro Tem Franklin moved to appoint Karen Hunt as Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Councilmembers Brancheau, Mahalik, Hinojosa- Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. At this time, the makeup of Council is as follows: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember 11. Consider approval of a proclamation naming the month of May 2009 as Older Americans Month; and authorizing the Mayor to sign. Mayor Peters read the proclamation and presented the same to Esther Moreno, Parks & Recreation Manager, Greg Gerendis, Executive Director of Senior Adult Services and Mary Harris, Caseworker for Senior Adult Services. Action: Councilmember Faught moved to approve a proclamation naming the month of May 2009 as Older Americans Month; and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm051209 Page 4 of 10 12. Citizens' Appearances. Mayor Peters advised no one signed up to speak. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 28, 2009. B. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 3, Section 3-1-12 of the Code of Ordinances by amending the daily Water Conservation and Drought Contingency Plan; providing a savings clause; providing a severability clause; providing a penalty of fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and providing an effective date, and authorizing the Mayor to sign and execute any necessary documents. C. Consider approval of an Ordinance for Case. No. PD- 162R2-MF-2, Gunner Subdivision, Lot 1R, Block A, zoning change from PD-162R-MF-2 (Planned Development-162- Revised–Multi-family-2) to PD-162R2-MF-2 (Planned Development-162- Revision 2–Multi-family-2), to allow the relocation of a previously approved 1,656-square-foot six-car garage and storage area on 20.965 acres of property located 1717 Belt Line Road and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. S-1241R- C, Fat Daddy’s Burger House, zoning change from S-1241- C (Special Use Permit-1241-Commercial) to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560-square-foot cover over the existing outdoor patio area serving the existing 3,580-square-foot restaurant located at 215 S. Denton Tap Road, Suite 100, and authorizing the Mayor to sign. cm051209 Page 5 of 10 Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 2009-1229, C carrying Ordinance No. 91500-A-521 and D carrying Ordinance No. 91500-A-522. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14. Consider approval of awarding Bid #Q-0409-01 "Reinforced Concrete Pavement Repairs" to Procon Paving and Construction in the amount of $318,959.95, as budgeted in the IMF; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering & Public Works, made a presentation to Council. Action: Councilmember Tunnell moved to approve awarding Bid #Q-0409-01 "Reinforced Concrete Pavement Repairs" to Procon Paving and Construction in the amount of $318,959.95, as budgeted in the IMF; and authorizing the City Manager to sign and execute any necessary documents. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 15. PUBLIC HEARING Consider approval of Case No. S-1110R3-HC, Verizon Wireless, zoning change request from S-1110R2-HC (Special Use Permit- 1110 Revision 2-Highway Commercial) to S-1110R3-HC (Special Use Permit-1110 Revision 3– Highway Commercial) to allow a replacement and relocation of the existing equipment and cabinet with a 120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south cm051209 Page 6 of 10 side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Peter Cavanaugh, representing the applicant, addressed the Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Franklin moved to close the Public Hearing and approve Case No. S-1110R3-HC, Verizon Wireless, zoning change request from S-1110R2-HC (Special Use Permit-1110 Revision 2-Highway Commercial) to S-1110R3-HC (Special Use Permit-1110 Revision 3– Highway Commercial) to allow a replacement and relocation of the existing equipment and cabinet with a 120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway, subject to the following conditions: 1) Submit a letter from the property owner stating their permission to rezone the property. 2) Include Nellie R. Stevens Holly on the east side of proposed wall. 3) Specify that the color of the A/C will match the paint color of proposed structure. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 16. Consider approval of an Ordinance for Case No. PD-108R11-SF- 9, The Chateaus of Coppell, a zoning change from PD-108R9- SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the PD conditions to allow up to 10 of the 56 single-family homes to have true stucco exteriors limited to cm051209 Page 7 of 10 earth-tone colors, where no two stucco homes shall be spaced any closer than every third lot and a Site Plan indicating lots where stucco homes are prohibited, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Action: Mayor Pro Tem Hunt moved to approve Ordinance No. 91500-A-523 for Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change from PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11- Single Family-9), to revise the PD conditions to allow up to 10 of the 56 single-family homes to have true stucco exteriors limited to earth-tone colors, where no two stucco homes shall be spaced any closer than every third lot and a Site Plan indicating lots where stucco homes are prohibited, on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 5-2 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, and Faught voting in favor of the motion, and Councilmembers Tunnell and Franklin voting against the motion. 17. Mayor and Council Reports. A. Report by Mayor Peters regarding Metroplex Mayors’ Meeting. A. Mayor Peters, City Manager Clay Phillips, and Deputy City Manager Mario Canazares attended the Metroplex Mayors’ Meeting in Addison. The discussion for the meeting was on Water Conservation, specifically on the development of a hybrid turf and landscaping solutions. At this time, Council reconvened into Work Session followed by Executive Session. cm051209 Page 8 of 10 WORK SESSION (Open to the Public) 18. Convene Work Session A. Discussion regarding Boards & Commission schedule. B. Discussion regarding Council Committees. EXECUTIVE SESSION (Closed to the Public) 19. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement. B. Section 551.087, Texas Government Code - Deliberation regarding Economic Development Negotiations. 1. ED Prospects west of Denton Tap/Beltline Road. Mayor Peters convened into Executive Session at 8:50 p.m. Mayor Peters adjourned the Executive Session at 10:01 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) 20. Necessary action resulting from Work Session. There was no action necessary under this item. 21. Necessary Action Resulting from Executive Session. Action: Councilmember Brancheau moved to authorize the City Manager to negotiate and execute a retention Chapter 380 economic development with Clear Technologies not to exceed $25,000. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm051209 Page 9 of 10 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Jayne Peters, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm051209 Page 10 of 10 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 May 26, 2009 13/B ✔ PROCEDURAL Consider approval to accept Justice Assistance Grant (JAG) Program Funding provided under the American Recovery and Reinvestment Act of 2009 in the amount of $13,767.72; and authorizing the City Manager to sign. Funding has been made available to jurisdictions through a joint application process for JAG Funds to be spent on crime prevention and crime control. The City of Coppell, along with 17 other jurisdictions, is submitting that joint GMS Application # 2009-F1816-TX-SU in order to receive that funding. Staff recommends approval. )JAG Funding GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 1 GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDING PROVIDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 THIS AGREEMENT (the “Agreement”), is made and entered into by and between the following parties: The County of Dallas, Texas (the “County”) located at County Administration Building, 2nd Floor, 411 Elm Street, Dallas, Texas 75202, a corporate and political body recognized as a legal subdivision of the State of Texas pursuant to Article XI, Section 1 of the Texas Constitution; and The City of Addison, Texas (“Addison”), located at Town Hall, 5300 Belt Line Road, Dallas, Texas 75254, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Balch Springs, Texas (“Balch Springs”), located at City Hall, 3117 Hickory Tree Road, Balch Springs, Texas 75180, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Carrollton, Texas (“Carrollton”), located at City Hall, 1945 East Jackson Road, Carrollton, Texas 75006, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Cedar Hill, (“Cedar Hill”), located at City Hall, 285 Uptown Boulevard, Building 100, Cedar Hill, TX 75104, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Coppell, Texas (“Coppell”), located at City Hall, 255 Parkway Boulevard, Coppell, Texas 75019, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Dallas, Texas (“Dallas”), located at City Hall, Room 7DN, 1500 Marilla Street, Dallas, Texas 75201, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of DeSoto, Texas (“DeSoto”), located at City Hall, 211 East Pleasant Run Road, Suite A, DeSoto, Texas 75115, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 2 The City of Duncanville, Texas (“Duncanville”), located at City Hall, 203 East Wheatland Road, Duncanville, Texas 75138, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Farmers Branch, Texas (“Farmers Branch”), located at City Hall, 13000 William Dodson Parkway, Farmers Branch, Texas 75234, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Garland, Texas (“Garland”), located at City Hall, 200 North Fifth Street, 4th Floor, Garland, Texas 75046, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Glenn Heights, Texas (“Glenn Heights”), located at City Hall, 1938 S. Hampton, Glenn Heights, Texas 75154 , a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Grand Prairie, Texas (“Grand Prairie”), located at City Hall, 317 College Street, Grand Prairie, Texas 75050, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Irving, Texas (“Irving”), located at City Hall, 825 West Irving Boulevard, Irving, Texas 75060, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Lancaster, Texas (“Lancaster”), located at City Hall, 211 North Henry Street, Lancaster, Texas 75134, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Mesquite, Texas (“Mesquite”), located at City Hall, 1515 North Galloway Avenue, Mesquite, Texas 75149, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and The City of Richardson, Texas (“Richardson”), located at City Hall, 411 West Arapaho, Richardson, Texas 75080, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution. The City of Rowlett, Texas (“Rowlett”), located at City Hall, 4000 Main Street, Rowlett, Texas 75088, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution; and GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 3 The City of Seagoville, Texas (“Seagoville”), located at City Hall, 702 North Highway 175, Seagoville, Texas 75159, a home rule municipality pursuant to Section 5, Article 11 of the Texas Constitution. The aforementioned cities shall be referred to collectively in this Agreement as the “Cities.” W I T N E S S E T H: WHEREAS, Part E of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Edward Byrne Memorial Justice Assistance Grant Program (the “JAG Program”) authorize the Bureau of Justice Assistance (the “BJA”) to make funds (the “JAG Funds”) available to units of local government in order to support a broad range of activities to prevent and control crime and to improve the criminal justice system; and WHEREAS, the County and the Cities are eligible for additional JAG Funds provided as a part of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 (the “Recovery Act”) and have been certified by the BJA as a disparate jurisdiction; and WHEREAS, for the purposes of simplifying the application process, the JAG Program permits the chief executive officer of one of the eligible units of local government in the disparate jurisdiction to submit a joint application for JAG Funds on behalf of the other eligible units of local governments within that jurisdiction and to act as the fiscal agent for those local governments in administering the JAG Funds; and WHEREAS, the County and the Cities hereby agree to name a fiscal agent to administer and distribute the JAG Funds and to designate a share of each jurisdiction’s JAG Funds for administrative costs to be paid to the fiscal agent named below, prior to submission of the joint application for JAG Funds to the BJA; and WHEREAS, the County and the Cities wish to name Dallas as the fiscal agent to administer and distribute the JAG Funds pursuant to the JAG Program; and WHEREAS, a unit of local government may transfer up to ten percent (10%) of its allocation of JAG Funds for costs associated with administering the JAG Funds to the fiscal agent; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of the parties, that the undertaking will benefit the public, and that the share of the JAG Funds to each jurisdiction fairly compensates the parties for their respective functions under this Agreement. GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 4 NOW THEREFORE, in consideration of the mutual covenants and obligations herein, the parties agree as follows: SECTION 1. PURPOSE This Agreement shall set forth the following: (A) the nature of the relationship between the County and the Cities and Dallas as fiscal agent for the County and the Cities; (B) the parties’ reporting, legal, and audit obligations; (C) the amount of JAG Funds initially allocated by the BJA to the County and the Cities (the “Initial Allocations”); (D) the amount of the grant administration fees to be paid to Dallas as the fiscal agent for both the County and the Cities; (E) the allocation of JAG Funds for the County and the Cities after the grant administration fee has been deducted from the Initial Allocations (the “Final Allocations”); and (F) other rights and responsibilities of Dallas, the County, and the Cities with regard to Dallas’ application for, administration of, and distribution of the JAG Funds on behalf of the County and the Cities. SECTION 2. FISCAL AGENT A. Dallas as Fiscal Agent. The County and the Cities do hereby agree that Dallas shall act as the fiscal agent for purposes of applying for, administering, and distributing the JAG Funds on behalf of both the County and the Cities. In consideration for Dallas acting as the fiscal agent for purposes of the JAG Program, the County and the Cities each agree to pay Dallas seven percent (7%) of their Initial Allocations for costs associated with administering the JAG Funds. Dallas further agrees to prioritize the expenditure of the grant administration fees to include the following activities: distributing the JAG Funds, monitoring the award, submitting reports to the BJA (including performance measures and program assessment data), and providing ongoing assistance to the County and the Cities as sub-recipients of the JAG Funds. B. No Additional Funds. The County and the Cities agree that Dallas has no obligation to provide funds to the County and the Cities from any source other than the JAG Program and in any amount other than the Final Allocation of JAG Funds for each party as set forth in this Agreement regardless of whether the JAG Funds are sufficient to fully accomplish the priorities set forth in Section 2.A above. In the event a portion of the JAG grant administration fee remains upon completion of the project set forth in this Agreement, as determined by Dallas, Dallas may expend such funds on other eligible projects under the JAG Program at Dallas’s sole discretion. GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 5 SECTION 3. REPORTING, LEGAL, AND AUDIT REQUIREMENTS A. Reports. (1) Quarterly Reports. The County and the Cities agree to provide Dallas with quarterly financial and programming reports no later than seven (7) days after the last day of the calendar quarter that demonstrate the appropriate use and management of the JAG Funds in conformance with the JAG Program and the BJA guidelines. (2) Annual Reports. The County and the Cities agree to provide Dallas with yearly performance reports in conformance with the JAG Program and the BJA guidelines. B. Legal Requirements. The County and the Cities agree to act in accordance with all Office of Justice Programs financial guidelines and all of the requirements of the Recovery Act, including but not limited to: Non-Supplanting of State and Local Funds; Civil Rights Compliance; Anti-Lobbying Act; Financial and Government Audit Requirements, includes Single Audit Act Requirements; National Environmental Policy Act (NEPA); DOJ Information Technology Standards; Compliance with Office of Justice Programs Financial Guide; Government Performance and Results Act (GPRA); Federal Funding Accountability and Transparency Act (FFATA) of 2006; Recovery Act Tracking, Reporting, Quick-Start Activities, Contracts, Limit on Funds, Wage Rate Requirements, Buy American, and Use of Funds in Conjunction with Funds from Other Sources. C. Audit Requirements. The County and the Cities shall maintain records to demonstrate proper expenditure of JAG Program Funds and Dallas, as fiscal agent, has the right to review and audit any and all of such financial and programming records. The County and the Cities shall retain all such records for a minimum of three (3) years following completion of this Agreement. The County and the Cities must require that any of its contractors, subcontractors, vendors, or partner agencies allow Dallas to review and audit their financial records pertaining to any contracts they may have with the County or the Cities utilizing JAG Funds. SECTION 4. INITIAL ALLOCATIONS For 2009, the BJA has determined the Initial Allocation of JAG Funds for the parties to this Agreement as follows: THE COUNTY $21,149.00 ADDISON $53,035.00 GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 6 BALCH SPRINGS $78,089.00 CARROLLTON $124,617.00 CEDAR HILL $55,801.00 COPPELL $14,804.00 DALLAS $7,115,022.00 DESOTO $66,538.00 DUNCANVILLE $67,026.00 FARMERS BRANCH $32,374.00 GARLAND $324,394.00 GRAND PRAIRIE $251,673.00 GLENN HEIGHTS $17,082.00 IRVING $404,923.00 LANCASTER $87,199.00 MESQUITE $260,784.00 RICHARDSON $127,870.00 ROWLETT $33,676.00 SEAGOVILLE $22,613.00 TOTAL $9,158,669.00 SECTION 5. FISCAL AGENT GRANT ADMINISTRATION FEES The County and the Cities agree to transfer grant administration fees equal to seven percent (7%) of each party’s Initial Allocation of JAG Funds to Dallas, as fiscal agent for the County and the Cities as follows: GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 7 THE COUNTY $1,480.43 ADDISON $3,712.45 BALCH SPRINGS $5,466.23 CARROLLTON $8,723.19 CEDAR HILL $3,906.07 COPPELL $1,036.28 DALLAS $498,051.54 DESOTO $4,657.66 DUNCANVILLE $4,691.82 FARMERS BRANCH $2,266.18 GARLAND $22,707.58 GRAND PRAIRIE $17,617.11 GLENN HEIGHTS $1,195.74 IRVING $28,344.61 LANCASTER $6,103.93 MESQUITE $18,254.88 RICHARDSON $8,950.90 ROWLETT $2,357.32 SEAGOVILLE $1,582.91 TOTAL $641,106.83 GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 8 SECTION 6. FINAL ALLOCATIONS The Final Allocations of JAG Funds are equal to the Initial Allocations less the transfer of the grant administration fees to Dallas. Each jurisdiction shall include in its JAG Program application the following Final Allocations of JAG Funds: THE COUNTY $19,668.57 ADDISON $49,322.55 BALCH SPRINGS $72,622.77 CARROLLTON $115,893.81 CEDAR HILL $51,894.93 COPPELL $13,767.72 DALLAS $7,258,077.29 DESOTO $61,880.34 DUNCANVILLE $62,334.18 FARMERS BRANCH $30,107.82 GARLAND $301,686.42 GRAND PRAIRIE $234,055.89 GLENN HEIGHTS $15,886.26 IRVING $376,578.39 LANCASTER $81,095.07 MESQUITE $242,529.12 RICHARDSON $118,919.10 ROWLETT $31,318.68 GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 9 SEAGOVILLE $21,030.09 TOTAL $9,158,669.00 SECTION 7. TERM The term of this Agreement shall begin on the date the last signature of either the County or the Cities authorizing this Agreement is obtained and shall terminate upon final expenditure of the funds in accordance with the JAG Program. SECTION 8. AGENCY The County and the Cities agree and acknowledge that each entity is not an agent of any other entity and that each entity is responsible for its acts, forbearance, negligence, and deeds and each entity is responsible for those acts, forbearance, negligence, and deeds of its agents or employees in conjunction with performance under this Agreement. SECTION 9. INDEMNIFICATION The County agrees to be responsible for any liability or damages the County may suffer as a result of claims, demands, costs, or judgments, including all reasonable attorneys’ fees, against the County arising out of any performance under this Agreement, or arising from any accident, injury, or damage, whatsoever, to any persons, or to the property of any persons or corporations occurring during the performance of this Agreement and caused by the sole negligence of the County, its agents, officers and employees. Each City made a party to this Agreement agrees to be responsible for any liability or damages it may suffer as a result of claims, demands, costs, or judgments, including any reasonable attorneys’ fees, against that respective City, arising out of any performance under this Agreement, or arising out of the performance of any services to be provided under this Agreement, or arising from any accident, injury, or damage, whatsoever, to any persons, or to the property of any persons or corporations occurring during the performance of the Agreement and caused by the sole negligence of that respective City, their agents, officers, and employees. The Cities and County agree that any liability or damages as stated above occurring during the performance of this Agreement caused by the joint or comparative negligence of their employees or officers shall be determined in accordance with comparative responsibility laws of the State of Texas. GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 10 SECTION 10. FORMAL APPROVAL This Agreement is expressly subject to and contingent upon formal approval by the governing bodies of the County and each of the Cities. SECTION 11. NO THIRD-PARTY BENEFICIARY ENFORCEMENT It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and any right of action relating to such enforcement shall be strictly reserved to the Cities and the County and nothing contained in this Agreement shall be construed to create any rights for any third parties. SECTION 12. NON-ASSIGNMENT The parties shall not sell, assign, transfer, or convey this Agreement, in whole or in part, without the prior written consent of the parties. SECTION 13. RESPONSIBILITY Dallas, the County, and the Cities shall each be responsible for the sole negligent acts of their officers, agents, employees, or separate contractors. In the event of joint and concurrent negligence of the parties to this agreement, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the parties under Texas law and without waiving any defenses of the parties under Texas law. SECTION 14. NOTICE Any notice, payment, statement, communication, report, or demand required or permitted to be given under this Agreement by any party to the another may be effected by personal delivery in writing or deposited in the U.S. mail by certified letter, return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. To the County: The County Judge Judge Jim Foster GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 11 Administration Building 2nd Floor 411 Elm Street Dallas, Texas 75202 To Addison: Chief of Police, Ron Davis Addison Police Department 4799 Airport Parkway Addison, Texas 75001 To Balch Springs: Chief of Police, Ed Morris Balch Springs Police Department 12500 Elam Road Balch Springs, Texas 75180 To Carrollton: Chief of Police, David James Carrollton Police Department 2025 East Jackson Road Carrollton, Texas 75006 To Cedar Hill: Chief of Police, Stephen Rhodes Cedar Hill Police Department 285 Uptown Boulevard, Building 200 Cedar Hill, Texas 75104 To Coppell: Chief of Police, Roy L. Osborne Coppell Police Department 130 Town Center Coppell, Texas 75019 To Dallas: Chief of Police, David Kunkle Dallas Police Department 1400 South Lamar Street Dallas, Texas 75215 To DeSoto: Chief of Police, W.M. Brodnax DeSoto Police Department 714 East Belt Line Road DeSoto, Texas 75115 To Duncanville: Chief of Police, Robert Brown GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 12 Duncanville Police Department P.O. Box 380280 Duncanville, Texas 75138 To Farmers Branch: Chief of Police, Sid Fuller Farmers Branch Police Department 3723 Valley View Lane Farmers Branch, Texas 75244 To Garland: Chief of Police, Mitch Bates Garland Police Department 1891 Forest Lane Garland, Texas 75042 To Grand Prairie: Chief of Police, Glen Hill Grand Prairie Police Department 801 Conover Grand Prairie, Texas 75051 To Glenn Heights: Chief of Police, Phillip Mark Prasifka Glenn Heights Police Department 550 East Bear Creek Road Glenn Heights, Texas 75154 To Irving: Chief of Police, Larry Boyd Irving Police Department P. O. Box 152288 Irving, Texas 75015 To Lancaster: Chief of Police, Keith L. Humphrey Lancaster Police Department 1650 North Dallas Avenue Lancaster, Texas 75134 To Mesquite: Chief of Police, Derek Rohde Mesquite Police Department P.O. Box 850137 Mesquite, Texas 75185 To Richardson: Interim Chief of Police, Jimmy L. Spivey Richardson Police Department P.O. Box 831078 GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 13 Richardson, Texas 75083 To Rowlett: Chief of Police, Matt Walling Rowlett Police Department 4401 Rowlett Road Rowlett, Texas 75088 To Seagoville: Chief of Police, Patrick Stallings Seagoville Police Department 600 North Highway 175 Seagoville, Texas 75159 SECTION 15. GOVERNING LAW AND VENUE The obligations of the parties to this Agreement shall be performed in Dallas County, Texas, and venue for any legal action under this Agreement shall lie exclusively in Dallas County, Texas. In construing this Agreement, the laws and court decisions of the State of Texas shall control. SECTION 16. LEGAL CONSTRUCTION In the case that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. SECTION 17. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. SECTION 18. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 14 SECTION 19. AMENDMENTS; ENTIRE AGREEMENT This Agreement (with all referenced exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Agreement. This Agreement may be modified or amended only by written agreement of the parties, to be attached to and made a part of this Agreement. IN WITNESS WHEREOF, by their signatures hereon each of the undersigned represents and warrants that they are the duly authorized agents of each entity and have full right and authority to enter into this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 15 The County of Dallas, State of Texas, has executed this Agreement pursuant to Commissioners Court Order Number ______________________ and passed on the ________ day of __________________, 2009. APPROVED BY THE COUNTY OF DALLAS: _____________________________ Jim Foster, County Judge APPROVED AS TO FORM BY: _____________________________ Bob Schell, DA Civil Section Chief GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 16 The City of Addison, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF ADDISON: ________________________________ _________________________________ Ron Whitehead, City Manager Ron Davis, Chief of Police APPROVED AS TO FORM: ________________________________ John Hill, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 17 The City of Balch Springs, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution ____________________, Minutes _________________ Dated the _____ day of _______________________, 2007. APPROVED BY THE RECOMMENDED BY: CITY OF BALCH SPRINGS: ________________________________ __________________________________ Cindy Gross, Interim City Manager Ed Morris, Chief of Police APPROVED AS TO FORM BY: ________________________________ Monty Akers, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 18 The City of Carrollton, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution ____________________, Minutes _________________ Dated the _____ day of _______________________, 2007. APPROVED BY THE RECOMMENDED BY: CITY OF CARROLLTON: ________________________________ __________________________________ Leonard Martin, City Manager David James, Chief of Police APPROVED AS TO FORM BY: ________________________________ R. Clayton Hutchins, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 19 The City of Cedar Hill, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution ____________________, Minutes _________________ Dated the _____ day of _______________________, 2007. APPROVED BY THE RECOMMENDED BY: CITY OF CEDAR HILL: ________________________________ __________________________________ Alan Sims, City Manager Stephen Rhodes, Chief of Police APPROVED AS TO FORM BY: ________________________________ Ron MacFarlane, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 20 The City of Coppell, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF COPPELL: ________________________________ _________________________________ Clay Phillips, City Manager Roy L. Osborne, Chief of Police APPROVED AS TO FORM: ________________________________ City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 21 The City of Dallas, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE CITY OF DALLAS: RECOMMENDED BY: ________________________________ _________________________________ Mary K. Suhm, City Manager David Kunkle, Chief of Police APPROVED AS TO FORM: Thomas P. Perkins, Jr. City Attorney ________________________________ Assistant City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 22 The City of DeSoto, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________, Minutes __________ Dated the ____ day of ______________, 2007. APPROVED BY THE CITY OF DESOTO: RECOMMENDED BY: ___________________________________ __________________________________ Jim Baugh, City Manager W.M. Brodnax, Chief of Police APPROVED AS TO FORM BY: ___________________________________ Pete Smith, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 23 The City of Duncanville, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________, Minutes __________ Dated the ____ day of ______________, 2007. APPROVED BY THE RECOMMENDED BY: CITY OF DUNCANVILLE: ___________________________________ __________________________________ Kent Cagle, City Manager Robert Brown, Chief of Police APPROVED AS TO FORM BY: ___________________________________ David Berman, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 24 The City of Farmers Branch, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF FARMERS BRANCH: ________________________________ _________________________________ Gary D. Greer, City Manager Sid Fuller, Chief of Police APPROVED AS TO FORM: ________________________________ City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 25 The City of Garland, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution _________, Minutes ________ Dated the _____ day of _________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF GARLAND: ___________________________________ ________________________________ Bill Dollar, City Manager Mitch Bates, Chief of Police APPROVED AS TO FORM BY: ___________________________________ Brad Neighbor, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 26 The City of Grand Prairie, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ______ Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF GRAND PRAIRIE: ___________________________________ __________________________________ Tom Hart, City Manager Glen Hill, Chief of Police APPROVED AS TO FORM BY: ___________________________________ Don Postell, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 27 The City of Glenn Heights, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF GLENN HEIGHTS: ________________________________ _________________________________ Jacqueline L. Lee, City Manager Phillip Mark Prasifka, Chief of Police APPROVED AS TO FORM: ________________________________ City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 28 The City of Irving, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution _________, Minutes _____________ Dated the _______ day of _____________, 2009 APPROVED BY THE CITY OF IRVING: RECOMMENDED BY: ____________________________________ __________________________________ Herbert A. Gears, Mayor Larry Boyd, Chief of Police APPROVED AS TO FORM BY: ___________________________________ Charles Anderson, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 29 The City of Lancaster, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF LANCASTER: ________________________________ _________________________________ Rickey Childers, City Manager Keith L. Humphrey, Chief of Police APPROVED AS TO FORM: ________________________________ City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 30 The City of Mesquite, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes __________ Dated the _______ day of ___________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF MESQUITE: ___________________________________ __________________________________ Ted Barron, City Manager Derek Rohde, Chief of Police APPROVED AS TO FORM BY: ___________________________________ B.J. Smith, City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 31 The City of Richardson, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF RICHARDSON: ________________________________ _________________________________ Bill Keffler, City Manager Jimmy L. Spivey, Interim Chief of Police APPROVED AS TO FORM: ________________________________ City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 32 The City of Rowlett, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF ROWLETT: ________________________________ _________________________________ Lynda Humble, City Manager Matt Walling, Chief of Police APPROVED AS TO FORM: ________________________________ City Attorney GMS Application # 2009-F1816-TX-SU FISCAL AGENCY AGREEMENT FOR JAG PROGRAM FUNDING PROVIDED UNDER RECOVERY ACT Page 33 The City of Seagoville, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution __________________, Minutes ________Dated the _______ day of _____________________, 2009. APPROVED BY THE RECOMMENDED BY: CITY OF SEAGOVILLE: ________________________________ _________________________________ Denny Wheat, City Manager Patrick Stallings, Chief of Police APPROVED AS TO FORM: ________________________________ City Attorney 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 May 26, 2009 13/C ✔ CONTRACT/BID or PROPOSAL Consider approval of Bid No. Q-0409-02 for the installation of an Ultraviolet Sanitation System for the pools at the Aquatics and Recreation Center, to Texas Aquatic Supply, in the amount of $68,300.00, and authorizing the City Manager to sign the necessary documents The CRDC has determined that it is important to take action to protect the customers at the Aquatics and Recreation Center against the Criptosporidium parasite that invaded many north Texas recreational pools last summer. An Ultraviolet System is the best know method to defend against this invader. Traditional chlorine sanitation systems applied in amounts that are safe for swimming, have limited effect on this parasite, but the UV System will render it inactive in just a few hours of exposure. The CRDC approved award of this bid at a special meeting called on May 18, 2009. Funds are available in the CRDC accounts for this purchase. ^UV System Award -1AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: May 26, 2009 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of Bid No. Q-0409-02 for the installation of an Ultraviolet Sanitation System for the pools at the Aquatics and Recreation Center, to Texas Aquatic Supply, in the amount of $68,300.00, and authorizing the City Manager to sign the necessary documents Background: Please recall that many public pools in the metroplex experienced an outbreak of cryptosporidium last summer. As a result of this outbreak, it is strongly recommended that the City of Coppell purchase an Ultraviolet radiation system for the pools at the Aquatics and Recreation Center. Cryptosporidium is spread through the fecal-oral route, often through contaminated water. Treatment is symptomatic, with fluid rehydration, electrolyte correction and pain management. Despite not being identified until 1976, it is one of the most common waterborne diseases and is found worldwide. The parasite is transmitted by environmentally hardy cysts (oocysts) that, once ingested, exist in the small intestine and result in an infection of intestinal epithelial tissue. Infection is through contaminated material such as earth, water, uncooked or cross-contaminated food that has been in contact with the feces of an infected individual or animal. Contact must then be transferred to the mouth and swallowed. It is especially prevalent amongst those in regular contact with bodies of fresh water including recreational water such as swimming pools.(wikipedia, http://en.wikipedia.org/wiki/Cryptosporidium, Pages 1+2) The UV system kills 99.9% of all cryptosporidium and other water borne illnesses. UV will not kill cypto immediately, but will kill the disease after 1 to 4 hours depending on the pool’s turnover rate. UV improves air quality 100%. This will kill all chloramines in the air, thus improving people’s breathing and limiting lung damage. The UV system allows the pool operator to lower chlorine levels because of UV’s increased disinfection. Normally the city keeps its pools a 1.5-2.0 ppm of chlorine. With the addition of UV, we should be able to bring the continuous level to .8 ppm with the same disinfecting power. This could essentially save the city money in the long run. The UV system is a small chamber of bulbs, set to treat water after it goes through the pool filters and before it returns to the pool. When the water is pumped through the chamber, the UV lamps kill the water-borne diseases and chloramines. The system has 1 to 2 bulbs that need to be changed every 12 months. The replacement cost of the bulbs is roughly $500. The UV system is easy to utilize and comes with a control panel that notifies users of any failures or defaults. On April 29, 2009, bids were opened for the installation of a UV System for all 5 pools at the Coppell Aquatic and Recreation Center. Four bids were received for this installation, and ranged from a net high of $82,628.78 (Sunbelt Pools), to a net low of $68,300.00 (Texas Aquatic Supply). The low bidder, Texas Aquatic Supply, meets all specifications and is recommended for award. Action Requested: Approval of Bid No. Q-0409-02 for the installation of an Ultraviolet Sanitation System for the pools at the Aquatics and Recreation Center, to Texas Aquatic Supply, in the amount of $68,300.00, and authorizing the City Manager to sign the necessary documents. Staff Recommendation: Approval of this item. BidSync: Agency Reports Bid #Q-0409-02 - Aquatic UV Sterilization Creation Date Apr 7, 2009 End Date Apr 28, 2009 9:00:00 AM MDT Start Date Apr 7, 2009 4:01:37 PM MDT Awarded Date Not Yet Awarded Q-0409-02-1-01 Outdoor Competition Pool Supplier Unit Price Qty/Unit Total Price Attch. Docs Texas Aquatic Supply First Offer - $23,300.00 1 / each $23,300.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: AQUA-REC, INC. First Offer - $26,280.00 1 / each $26,280.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: G & D Pool and Spa, Inc First Offer - $27,086.00 1 / each $27,086.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Sunbelt Pools, Inc. First Offer - $29,075.36 1 / each $29,075.36 Agency Product Code: Agency Notes: Supplier Product Code: ECF 220-6 Supplier Notes: ETS Model ECF 220-6 Equal or better in every respect Sunbelt Pools, Inc. Alt 2 - $29,075.36 1 / each $29,075.36 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: ETS Model ECF 220-6 Equal or better in every respect Q-0409-02-1-02 Kid's Leisure Pool Supplier Unit Price Qty/Unit Total Price Attch. Docs Texas Aquatic Supply First Offer - $22,500.00 1 / each $22,500.00 http://www.bidsync.com/DPXReports?ac=bidreview&auc=159047&dncode=FEAIN8P0C4QT7FKB151CJKF2SGF71CP (1 of 4)5/19/2009 8:33:06 AM BidSync: Agency Reports Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: G & D Pool and Spa, Inc First Offer - $25,280.00 1 / each $25,280.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: AQUA-REC, INC. First Offer - $26,280.00 1 / each $26,280.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Sunbelt Pools, Inc. First Offer - $26,776.71 1 / each $26,776.71 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: ETS Model ECF 215-6 Equal or better in every respect Sunbelt Pools, Inc. Alt 2 - $26,776.71 1 / each $26,776.71 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: ETS Model ECF 215-6 Equal or better in every respect Q-0409-02-1-03 Indoor Pool Supplier Unit Price Qty/Unit Total Price Attch. Docs Texas Aquatic Supply First Offer - $22,500.00 1 / each $22,500.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: G & D Pool and Spa, Inc First Offer - $25,280.00 1 / each $25,280.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: AQUA-REC, INC. First Offer - $26,280.00 1 / each $26,280.00 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Sunbelt Pools, Inc. First Offer - $26,776.71 1 / each $26,776.71 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: ETS Model ECF 215-6 Equal or better in every respect http://www.bidsync.com/DPXReports?ac=bidreview&auc=159047&dncode=FEAIN8P0C4QT7FKB151CJKF2SGF71CP (2 of 4)5/19/2009 8:33:06 AM BidSync: Agency Reports Sunbelt Pools, Inc. Alt 2 - $26,776.71 1 / each $26,776.71 Agency Product Code: Agency Notes: Supplier Product Code: Supplier Notes: ETS Model ECF 215-6 Equal or better in every respect Supplier Totals Texas Aquatic Supply $68,300.00 (3/3 items) Bid Contact David L Smith Ph 972-732-0306 Address P.O. Box 703567 Dallas, TX 75370 Agency Notes: Supplier Notes: G & D Pool and Spa, Inc $77,646.00 (3/3 items) Bid Contact Sam Thompson Ph 817-247-1584 Address 401 Palo Pinto St. Weatherford, TX 76086 Agency Notes: Supplier Notes: AQUA-REC, INC. $78,840.00 (3/3 items) Bid Contact Roger Lisenbey Ph 817-444-6431 Address 606 Profit Street Azle, TX 76020 Agency Notes: Supplier Notes: Sunbelt Pools, Inc. $82,628.78 (3/3 items) Bid Contact Rob Morgan robm@sunbeltpools.com Ph 214-343-1133 x282 Address 10555 Plano Rd Dallas, TX 75238 Bid Notes This bid is for Engineered Treatment Systems ECF models. They meet or exceed the specifications in every respect - just a competing brand name. References are also attached. Agency Notes: Supplier Notes: This bid is for Engineered Treatment Systems ECF models. They meet or exceed the specifications in every respect - just a competing brand name. References are also attached. **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. http://www.bidsync.com/DPXReports?ac=bidreview&auc=159047&dncode=FEAIN8P0C4QT7FKB151CJKF2SGF71CP (3 of 4)5/19/2009 8:33:06 AM 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 May 26, 2009 14 ✔ PRESENTATION Presentation by the Coppell Historical Society regarding the service station at West Bethel and South Coppell Roads in Old Town Coppell. This item is submitted pursuant to Section 3.12 of the Home Rule Charter and Section 1-10-6.1.2 of the Coppell Code of Ordinances. !Citizen Appearance Old Town-1AR WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering May 26, 2009 15 ✔ PUBLIC HEARING To gather citizen input on the use of Community Development Block Grant available funds. The City is eligible to receive $56,401.00 in FY 2009 funds, and has the use of carry-over funds of $1,769.26 from a previous project. The funds will be available after October 1, 2009. No Council action is required. #Public Hearing on CDBG Funds MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: May 26, 2009 RE: Consider approval to conduct a public hearing to gather citizen input on the use of Community Development Block Grant available funds. The City of Coppell will be able to receive $56,401.00 from the FY 2009 CDBG funding. Additionally, the City has $1,769.26 from a carryover project previously completed that can also be reallocated for a total of $58,170.26. After completion of the public hearings, Dallas County and HUD approval, funding would be made available after October 1, 2009. Notice of the public hearing was published in the May 15th edition of the Citizen’s Advocate. The public is encouraged to suggest how these funds can be used in the City of Coppell. 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: PLANNING May 26, 2009 16 ✔ PUBLIC HEARING Consider approval of Case No. PD-241-SF/C, Red Hawk, zoning change request from O (Office) to PD-241-SF/C (Planned Development - 241- Single Family/Commercial) with a Detail Plan to allow 54 single-family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery on approximately 14.9 acres of property and a Concept Plan for two commercial tracts containing approximately 1.5 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. The following P&Z conditions remain outstanding: 1. A drainage study acceptable to Engineering will be required. 2. Tree mitigation fees will be required. 3. North board-on-board fence will be eight feet tall. 4. Stucco shall not be allowed beyond the 20%/80% standard; an SUP shall be required in excess of these development standards. 5. Properly dimension width of Lots 6-12, Block A, Wynnpage Addition. 6. PD condition Number 4 - change Lots 16-18, Block A to Lots 16-17, Block A. (SEE CONTINUATION OF CONDITIONS ON THE FOLLOWING PAGE) On April 16, 2009, the Planning Commission recommended approval of this zoning change (6-1), subject to the above-stated conditions. Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, Commissioner Jett opposed. Staff recommends APPROVAL WITH CONDITIONS. @01 PD-241-SF/C, RH, 1-AR AGENDA REQUEST NARRATIVE 7. PD condition Number 8 - change "Street A" to Oxford Place. 8. PD condition Number 11 - change Lot 25, Block B to Lot 23, Block B. 9. Move Oxford Place street name change symbol to the north side of Lot 12, Block B. 10. Change three-foot minimum side yard to five-foot minimum in PD Side Yard Site Data Table. ITEM #4 Page 1 of 7 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-241-SF/C, Red Hawk P&Z HEARING DATE: March 19, 2009 (Continued to April 16, 2009) C.C. HEARING DATE: April 10, 2009 May 12, 2009 (Rescheduled to May 26, 2009) STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: West side of S. Denton Tap Road, north of Bethel School Road SIZE OF AREA: 16.4 acres of property CURRENT ZONING: O (Office) REQUEST: A zoning change to PD-241-SF/C (Planned Development 241- Single-Family/Commercial) with a Detail Plan to allow 54 single- family lots with a minimum lot size of 5,765 square feet and an average lot size of 8,484 square feet, including the retention of the Bullock Cemetery and a Concept Plan for two commercial tracts. APPLICANT: Terry Holmes THBGP, Inc. dba The Holmes Builders 1445 MacArthur Drive Suite 200 Carrollton, TX. 75007 (972) 242-1770 Fax: (972) 242-2931 HISTORY: There has been no recent development history on the parcel although the former owner (now deceased) lived in a trailer on this property for many years. Approximately eight years ago the zoning was changed from “C” Commercial to “O” Office, although no development activity reflecting office use occurred. ITEM #4 Page 2 of 7 TRANSPORTATION: Denton Tap Road is an improved P6D six-lane, divided concrete roadway built within a proposed 110-foot right-of- way (ten feet being dedicated by this application). Bethel School Road is a C2U, concrete two-lane road built within a proposed 60-foot right-of-way, with five feet being dedicated by this proposal. SURROUNDING LAND USE & ZONING: North–single-family homes and office; PD-115 SF-7 and “C”, Commercial South-Ace Hardware; “C”, Commercial East-retail/gas station; “C” Commercial West-single family homes, PD-95 SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this property as appropriate for mixed use. DISCUSSION: As one of the last remaining vacant tracts in the city, this is a case which warrants very close review. On the one hand, the applicant is proposing a mixed use project which is supported by the Comprehensive Master Plan and the 2030 Plan, due to the inclusion of residential and commercial uses. The development proposal is somewhat unique in that 50 and 60 foot wide lots are proposed in the same subdivision, very unusual for Coppell development. The applicant in this case is a well-known local builder and the projects he has been involved with here have all been first rate. On the other hand, there are some concerns which merit consideration before any recommendation is formulated. The density is high, stucco is requested, there appears to be little attention directed at approximating the size and width of lots adjacent to this property, lots with three and seven-foot side yards are troubling. Facing single family, 50-foot wide lots toward Denton Tap Road is not typical of a residential development adjacent to a major thoroughfare, and in this case, along the most highly travelled vehicular roadway in the city. To the applicant’s credit, the perspective drawings accompanying the request appear to suggest a variety of housing styles and price ranges, offering variety to dwelling unit types in Coppell. The additional distance from Denton Tap with the screening wall, substantial landscaping and a street lends ITEM #4 Page 3 of 7 credence to his residences facing this major thoroughfare, (although the market for such a product could be problematic), and the inclusion of a landscaped entry, a curvilinear street pattern, several common areas, and a substantial wall is to be commended. That said, there are three concerns with this proposal: density, lot widths, sideyards. DENSITY One of our greatest concerns involves density of this project. As submitted, density is proposed to be almost 4 units per acre. All surrounding residential development is less than four—some substantially less--and we recommend no greater density than 3 units per acre on this parcel. Taking into consideration that the entire tract is 16.4 acres, we could support a density of 49 units with certain changes being made to this proposal. If the developer were to widen the lots adjacent to the surrounding single family neighborhoods, particularly on the west side, and widen the 50 foot lots, the accompanying reduction in density would go far in gaining staff support for this project. WIDTHS Lot widths proposed for this subdivision are also troubling. Fifty foot wide lots are very narrow for this area of the city, and none of the lots meet our minimum single-family lot width of 65 feet. It is recognized that the applicant has applied for PD zoning to modify lot widths, but this proposal is just too intense. Staff could support lot widths of 55-60 feet, still a reduction from the normally required 65 feet. By increasing lot widths to be more in line with neighboring residential lot dimensions, density, as discussed above, would be reduced resulting in a lot count in line with staff recommendation at 49 lots. SIDEYARDS The sideyards requested are inappropriate. The proposed seven-foot/three-foot side yards just will not work. Historically, staff experience in other cities has resulted in similar concepts being difficult--if not impossible--to successfully implement. The concept sounds good on paper, but in reality the result is a troublesome land use proposal. The same effect for this development (with walls/fences at the front building line extending from structure to structure creating a privacy area) can be achieved with typical sideyards, still placing the ITEM #4 Page 4 of 7 fencing in the same location as proposed. The only difference would be that each lot had an identical side yard. By increasing lot widths to 60 feet, the problem evaporates and the sideyard variance is no longer needed for the “interior courtyard” feel. We recommend a distance between structures of at least 15 feet, or 7.5 feet off each property line. Because of lot widths, these two-story homes will be considerably wider than existing narrow lot width developments in Coppell and the sheer bulk of these structures warrant additional spacing between units. Our suggested side setback is still a reduction from the normally required sideyard of 8 feet per lot. ADDITIONAL COMMENTS There are several miscellaneous errors or clarifications needed to be made to this application, regardless of final outcome. ƒ Notes need to be added to the Site Plan indicating that all screening walls and landscaping will be maintained by a property owners association; ƒ “foot” needs to be added to PD Condition #3; ƒ Add “Lots 27, 28, Block A” behind Conceptual Planned Development “Commercial “ title; ƒ Add notation that Lot 28, Block A is responsible for maintenance on outside of proposed screening wall; ƒ Add statement that Lots 1 and 2, Block A are responsible for maintenance on outside of screening wall within their property lines; ƒ Note #11 should state lot 23, not lot 25; ƒ Streets need to be named and diamond symbol should be added where street name changes. ƒ Insure cul-de-sac right-of-way radius is 50 feet. ƒ Add “Temporary” asphalt to sales office asphalt paving note. ƒ Dimension all common areas on Landscape Plan. ƒ Spartan Juniper and Chinese Fringe are not in our Plant palette, and other species need to be chosen. ƒ It appears that Live Oaks have been shown twice on Plant List, and needs correction. ƒ Engineering concerns include: o the need for a flood study, o the driveways on Denton Tap need to be removed although Lot 27 will be allowed access when firm plans are submitted for this lot, o Lot 28 drive entrance on Bethel School needs to be a minimum of 120 feet from the Denton Tap intersection, and ITEM #4 Page 5 of 7 o drainage requirements will not be expanded upon until engineering plans are submitted. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of the request as submitted. We could support the request with major modifications including: 1. A maximum density of 49 units 2. Elimination of stucco residences 3. A minimum 15 feet between units with 7.5 foot side yards 4. All units in Block B maintain 20 foot rear yard setbacks or 20 foot minimum front yard setbacks, developer has his choice. In no case shall any setback for garage or structure be less than 15 feet, and note on each lot 5. Bullock cemetery maintained by HOA 6. Change title of PD to J.C. Thweat Dreams 7. Fees for Tree mitigation and Park development are required 8. Lots 20 - 26 Block A maintain 20 foot rear yard and note on each lot 9. Address all “Additional Comments” stated above ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Landscape Plan (2 sheets) 3. Stone Screening Wall Elevation 4. Sales Center Elevation and Floor Plan 5. Red Hawk Villas Perspectives of 60 and 50 foot lots (2 colored sheets) 6. Tree Survey (2 sheets) AMMENDED ATTACHMENTS 1. Revised Site Plan 2. Revised Landscape Plan (2 sheets) 3. Tree survey (2 sheets) ADDENDA: As you are all aware, Commission continued this case to the April 16 hearing, and directed staff to meet with the developer and up to three Commission members focusing on resolving several issues. After reviewing the 3 and one-half hour tape, staff has reduced concerns of citizens and Commission to nine basic elements. The committee of Chairman Haas and Commissioner Frnka met with the applicant, Terry ITEM #4 Page 6 of 7 Holmes and staff member Gary Sieb on March 30. What follows is a summary discussion of that meeting. Drainage A major concern of the adjacent neighborhoods Applicant understands a drainage study must be undertaken and will be a development condition The retaining wall needs more explanation such as type, height, length, construction material, etc. Traffic One entry/exit will work. If possible, main entry should be lined up with second entry at hardware store Close all curb cuts off Denton Tap Road, one cut will be allowed for north commercial site when development occurs Cemetery Legally, an HOA can maintain the cemetery. The applicant (somewhat reluctantly) agreed to include cemetery maintenance in his HOA open space maintenance requirements Tree Mitigation/North Screening Fence Initial mitigation figures indicate an approximate $30,000 mitigation fee. Staff will not recommend waiver of that fee A related item, the screening fence on the north property line will be a 6 foot wooden board-on-board fence, protecting as many existing trees adjacent to it as possible Side yards/Setbacks Still a point of contention. Developer wants 7’/3’, staff recommends 5’/5’; the 7’/3’ is troubling Stucco Staff recommends denial as submitted. Applicant wants 12 structures of stucco, separated by 4 lots Density Unresolved. Applicant wants 54 lots, staff recommends 49. Applicant shows 3.6 du/ac. Staff recommendation is 3.0 du/ac. Use More detail needed on commercial tracts, i.e., contemplated uses, length of time sales office remains, when developed, etc. Other Question was raised regarding why no parking on some streets, not all (Fire Dept. can address that question); there were 13 additional conditions that need to be addressed regardless of zoning outcome, and developer agreed to address them by the April 6 submission. ITEM #4 Page 7 of 7 AMMENDED STAFF RECOMMENDATION: Based upon the committee meeting and comments stated above, staff modifies our recommendation to APPROVAL, provided the following conditions are met: 1. A drainage study acceptable to Engineering will be required, 2. Indicate construction material for retaining walls, 3. Main entry needs to line up with second hardware store entry, 4. Close both drives along Denton Tap Road at SE property line, 5. HOA to maintain cemetery, 6. Tree mitigation fees will be required, 7. Clarify whether north board-on-board fence will be 6 or 8 feet tall 8. Sideyards on 60 foot-wide lots shall be 7.5 feet, those on 50 foot lots shall be 5 feet. Front yard setbacks on 60 foot-wide Lots 3-11 Block A shall be 25 feet, rear yards no less than 20 feet on Lots 1- 11, 16-18, Block A, 9. Stucco shall not be allowed beyond the 20%/80% standard; an SUP shall be required in excess of these development standards, 10. Density shall not exceed 3 units per acre (49 lots), 11. No parking will be allowed where shown on plan, 12. Add “Lots 27, 28, Block A” behind Conceptual Planned Development “Commercial” title. 13. Dimension length of entry median. 14. Change title of PD to Thweat Place. 15. Change Bullock Place to Thweat Place, assign another street name to Bullock. 16. Properly dimension width of Lots 6-12, Block A, Wynnpage Addition. LANDSCAPE PLAN 1. Need dimensions on all common areas. 2. Indicate where 20 Carissa Holly are planted on median plan, 3. Note: Moss boulders, bowls with planters, and cedar arbor have been eliminated in median by this revised plan. In their place is a chess board and attendant landscaping, 4. Change “landscaping” to “common areas” in description of property owners maintenance responsibility on Sheet 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: PLANNING May 26, 2009 17 ✔ PRESENTATION Consider approval of the Red Hawk, Preliminary Plat, a request for approval of a preliminary plat for 54 single-family lots, a cemetery parcel and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, north of Bethel School Road. The following P&Z conditions remain outstanding: 1. A drainage study acceptable to Engineering will be required. 2. Properly dimension width of Lots 6-12, Block A, Wynnpage Addition. On April 16, 2009, the Planning Commission unanimously recommended approval of this preliminary plat (7-0), subject to the above-stated conditions. Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Staff recommends APPROVAL. @02 RH, PP 1-AR ITEM #5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Red Hawk, Preliminary Plat P&Z HEARING DATE: March 19, 2009 (Continued to April 16, 2009) C.C. HEARING DATE: April 14, 2009 May 12, 2009 (Rescheduled to May 26, 2009) STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: West side of S. Denton Tap Road, north of Bethel School Road SIZE OF AREA: 16.42 acres of property CURRENT ZONING: O (Office) REQUEST: A request for approval of a preliminary plat for 54 single-family lots, a cemetery parcel and two commercial lots on 16.42 acres of property, located along the west side of S. Denton Tap Road, North of Bethel School Road. APPLICANT: Purchaser: THBGP, Inc. dba The Holmes Builders 1445 MacArthur Drive Suite 200 Carrollton, TX. 75007 (972) 242-1770 Fax: (972) 242-2931 Engineer: Kadleck and Associates Lynn Kadleck 555 Republic Drive Suite 115 Plano, TX. 75074 (972) 881-0771 HISTORY: There has been no recent development history on the parcel although the former owner (now deceased) lived in a trailer on this property for many years. Approximately 8 years ago, the ITEM #5 Page 2 of 3 zoning was changed from “C” Commercial to “O” Office although no development activity reflecting office use occurred. TRANSPORTATION: Denton Tap Road is an improved P6D, six lane divided concrete roadway built within a proposed 110 foot right of way. Bethel School road is a C2U, concrete two lane road built within a proposed 60 foot right-of-way. SURROUNDING LAND USE & ZONING: North-single family homes and office; PD-115 SF-7 and “C” Commercial South –Ace Hardware; “C”: Commercial East-retail/gas station; “C” Commercial West-single family homes; PD-95 SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this property as appropriate for mixed use development, which includes residential and commercial buildings. DISCUSSION: This is the plat for the case previously discussed. Because of the number of outstanding conditions that need to be addressed with the zoning case, and the fact that the subdivision plat needs to reflect what the site plan proposes, staff cannot support this application at this time. Staff has concerns regarding maintenance of the existing cemetery, how access to it will be provided, dimensions of the entry landscape area, provision of proposed street names, labeling of no parking zones in street right-of-way, and yard setbacks, among others. Once the Site Plan discrepancies have been resolved, we would entertain a re-review of the subdivision plat. When/if resubmitted we recommend the subdivision be titled the J.C.Thweat subdivision. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this preliminary plat as it does not conform to the recommended development of the subject tract, and is lacking in several items required for proposed subdivision review, with many mentioned above. It should be added that this is not an all inclusive list, but is based upon a number of concerns members of the Development Review Committee expressed during review of this submittal. ITEM #5 Page 3 of 3 REVISED STAFF RECOMMENDATION: Based upon the revised Planned Development application, staff can support this preliminary plat based upon the following conditions: 1. A drainage study acceptable to Engineering will be required. 2. Main entry needs to line up with second hardware store entry. 3. Sideyards on 60 foot-wide lots shall be 7.5 feet, those on 50 foot-wide lots shall be 5 feet. Front yard setbacks on 60 foot-wide Lots 3-11, Block A shall be no less than 25 feet, rear lots no less than 20 feet on Lots 1-11 and 16-18, Block A. 4. Density shall not exceed 3 units per acre (49 lots). 5. Change title of Preliminary Plat to Thweat Place. 6. Change Bullock Place to Thweat Place and assign another street name to Bullock. 7. Properly dimension width of Lots 6-12, Block A, Wynnpage Addition. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Preliminary Subdivision Plat (2 sheets) 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: Engineering May 26, 2009 18 ✔ CONTRACT/BID or PROPOSAL Consider ratification of an emergency contract in the amount of $171,950.00 to Craig Olden, Inc. for emergency slope stabilization work on Sandy Lake Road between the entrance to St. Joseph Village and 300 LF upstream; using funds from the Municipal Drainage Utility District Fund; and executed by the City Manager on May 18, 2009 according to General Exemption (1) of Section 252 of the Local Government Code. This emergency project is being undertaken to prevent failure of the drainage channel along the south side of Sandy Lake Road in the vicinity of St. Joseph's Village. Funds are to be provided by the Municipal Drainage District account for this project. Staff recommends ratification of the contract. #Slope Stabilization Contract MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: May 26, 2009 RE: Consider ratification of an emergency contract in the amount of $171,950.00 to Craig Olden, Inc. for emergency slope stabilization work on Sandy Lake Road between the entrance to St. Joseph Village and 300 LF upstream; using funds from the Municipal Drainage Utility District Fund; and executed by the City Manager on May 18, 2009 according to General Exemption (1) of Section 252 of the Local Government Code. City staff was contacted on April 2, 2009 by the operator of the St. Joseph Village complex located at 1201 E. Sandy Lake Road in reference to a significant erosion problem within the city maintained drainage channel adjacent to their complex. See the attached exhibits for more information on the location of this area. Per Birdsall, who manages the street and drainage division of the Public Works Department contacted me and requested that I look at the issue. After looking at the significant erosion I called Craig Olden, Inc. and requested that they meet Per and I on site. There is significant erosion taking place as you can see from the attached pictures. The engineer from Olden and I discussed the options for stabilizing the slope. We also discussed how long it might take for the erosion to cause damage to the private structures behind the channel, as well as the impact to the channel capacity in the event the bank were to collapse into the channel. It was my determination that this constitutes an emergency situation, based on the wet weather we were experiencing and the potential for damage to private and public infrastructure that would occur if a complete failure were to take place. Acting in compliance with the City Purchasing Manual, I instructed the engineer from Craig Olden, Inc. to provide me an engineering design for stabilization of the bank, and a construction proposal to complete the work on an emergency basis. The engineer provided the design and construction cost proposal attached as part of the contract. I then sent the contract, the emergency authorization memo, and the photographs attached to the City Manager for approval. Craig Olden moved their equipment in on Monday, May 18 with the intention of beginning work on Wednesday, May 20. Upon arrival on site the contractor encountered considerably higher water levels in the channel than existed on the day they inspected the area. These higher water levels are the result of the Army Corps of Engineers releasing water from Lake Lewisville. The difference can be seen between the pictures from April 3, 2009 to May 20, 2009. In order to work around the higher water level, the contractor has proposed to build a cofferdam to protect their work area. We anticipate this additional work resulting in a change order to the contract. The city has authorized them to proceed with this work with a cap of $20,000 in additional costs for their dewatering efforts. The project is expected to take approximately 30 days to complete. Staff recommends approval of this item to ratify the decision of the City Manager to enter into a contract with Craig Olden, Inc. in the amount of $171,950.00. Staff will be available to answer any questions. Proposed Emergency Slope Stabilization Adjacent to Sandy Lake Road Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST JO GABION Created on: 19 May 2009 by Scott Latta 1 INCH = FT. 0 100 100 50 Proposed Emergency Slope Stabilization Adjacent to Sandy Lake Road Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST JO GABION Created on: 19 May 2009 by Scott Latta PROPOSED GABION WALL CONSTRUCTION PROPOSED SLOPE STABILIZATION MEMORANDUM TO: Clay Phillips, City Manager VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: May 15, 2009 RE: Request to enter a contract With Craig Olden, Inc. on an emergency basis, in the amount of $171,950 for slide stabilization and repair in the drainage channel adjacent to St. Joseph’s Village. As you are aware the drainage channel adjacent to St. Joseph’s Village is experiencing slope failures along the south side of the channel. These failures have become apparent over the past few weeks. In this time we have received considerable rainfall, and with each rainfall event the failures and subsequent slides have gotten worse. On April 16, 2009 I met with Joel Clark, P.E. from Craig Olden Inc. at the site of these failures and asked for their recommendation for repairs. Over the past 2 weeks Joel has come up with the attached drawings, and the construction side of Craig Olden, Inc. has furnished the attached proposal to complete the stabilization and repair. The Engineering Department is asking to proceed with this contract for several reasons: 1. This channel is contained within a drainage easement dedicated to the City of Coppell. 2. This channel conveys stormwater directly to Denton Creek from as far away as Mockingbird Elementary, including large portions of Sandy Lake Road and MacArthur Blvd. Obstruction of this channel by debris from this failure could have tremendous impact upstream to both public and private infrastructure. 3. Allowing the slope to continue to slide will begin to cause significant damage to the private screening wall and infrastructure behind it which is owned and maintained by St. Joseph’s Village. 4. The potential for this rapidly deteriorating slope to cause additional damage, which the city would be responsible for, prevents us from following the typical process of hiring an engineering firm to design the repairs, then going through the bidding process to select a contractor to make the repairs. 5. Local Government Code section 252.022 authorizes us to proceed under emergency conditions where the immediate appropriation of money is necessary to preserve the property of the municipality. Craig Olden, Inc. has the unique ability to design and construct this project with in house staff. They employ duly licensed Professional Engineers that have visited the site, and will sign and seal the appropriate engineering documents. They are also very experienced in the construction of stream bank stabilization projects. They have successfully completed several other projects in Coppell and are ready to move in and begin work on this project immediately. Staff recommends approval of this contract on an emergency basis to Craig Olden, Inc. in the amount of $171,950 to be funded from the Municipal Drainage Utility District Fund. I am available to discuss this at your convenience. We intend to bring forward an agenda item to city Council on May 26, 2009 to ratify this expenditure as outlined in the city Purchasing Manual. 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 May 26, 2009 19 ✔ CONTRACT/BID or PROPOSAL Consider approval of an amendment to the contract made between the City of Coppell and Redflex Traffic Systems, Inc. for the Photo Red Light Enforcement Program; and authorizing the City Manager to sign. This amendment will lengthen the term of the contract between the City of Coppell and Redflex Traffic Systems, Inc. for the Photo Red Light Enforcement Program until May 28, 2029. Staff recommends approval. )Redflex Amendment RTS-TX 5-09 v1 AMENDMENT This Amendment is made as of this _ 29th day of May 2009, by and between the City of Coppell, Texas (the “Customer” and/or the “City”), and Redflex Traffic Systems, Inc. (“Redflex”) with its principal place of business at 23751 N.23rd Ave., Suite 150, Phoenix AZ 85085-1854 (individually referred to as a “Party” and together referred to as the “Parties”). WHEREAS, the Customer and Redflex originally entered into a contract for services and related equipment on December 1st, 2006, (the “Agreement”). WHEREAS, the Parties agree that certain modifications to the Agreement are required in order to extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual obligations set forth herein and for other valuable consideration received, the Customer and Redflex agree to amend the Agreement as follows: 1. The term of the Agreement shall commence on the 29th day of _May__, 2009 and shall expire on _28th_ day of _May__, 2029. 2. The Customer’s current base compensation as set forth in the Agreement will continue as stated, unless otherwise adjusted below, subject to annual Consumer Price Index (“CPI”) adjustment. The CPI adjustment (if any) shall be calculated as follows: Each year, on the anniversary of the date of execution of this Amendment, the relevant pricing for goods and services shall be adjusted in accordance with the definitions and calculations published by U.S. Department of Labor Consumer Price Index for the U.S. City average. On the third anniversary of the execution of this Amendment and each subsequent third anniversary thereafter, the Parties agree, in good faith, to examine the underlying financial requirements and compensation requirements of the Agreement and if necessary make commercially reasonable adjustments. Unless inconsistent with State legislation, any adjustments shall be in writing signed by both parties. This Amendment is intended to modify, supercede and replace certain terms and conditions stated in the Agreement. Unless expressly stated in this Amendment, all other terms and conditions of the Agreement between Customer and Redflex will remain enforceable. If any terms and conditions contained in this Amendment are inconsistent with the Agreement, the terms and conditions contained in this Amendment will be controlling. Signed this 29th day of May, 2009. THE CITY OF COPPELL, TEXAS RTS-TX 5-09 v1 CITY MANAGER CLAY PHILLIPS ___________________________________ REDFLEX TRAFFIC SYSTEMS, INC. By: ___________________________________ Name: Aaron Rosenberg Title: Executive Vice President APPROVED AS TO FORM:_______________________________________ Robert E. Hager, City Attorney AGENDA REQUEST FORM DATE: May 26, 2009 ITEM #: 20 MAYOR AND COUNCIL REPORTS A. Report by Councilmember Faught regarding Ride of Silence. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: May 26, 2009 ITEM #: 21 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: May 26, 2009 ITEM #: 22 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: May 26, 2009 ITEM #: 23 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: May 26, 2009 Department Submissions: Item No. 8 was placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Fire Department Item Nos. 15 and 18 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/B and 19 were placed on the Agenda for the above- referenced City Council meeting by the Police Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Police Department Item Nos. 7 and 13/C were placed on the Agenda for the above- referenced City Council meeting by the Parks Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Parks Department Item Nos. 16 and 17 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning 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)