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.
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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.
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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.
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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.
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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).
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
Notes need to be added to the Site Plan indicating that
all screening walls and landscaping will be maintained
by a property owners association;
“foot” needs to be added to PD Condition #3;
Add “Lots 27, 28, Block A” behind Conceptual Planned
Development “Commercial “ title;
Add notation that Lot 28, Block A is responsible for
maintenance on outside of proposed screening wall;
Add statement that Lots 1 and 2, Block A are responsible
for maintenance on outside of screening wall within their
property lines;
Note #11 should state lot 23, not lot 25;
Streets need to be named and diamond symbol should
be added where street name changes.
Insure cul-de-sac right-of-way radius is 50 feet.
Add “Temporary” asphalt to sales office asphalt paving
note.
Dimension all common areas on Landscape Plan.
Spartan Juniper and Chinese Fringe are not in our Plant
palette, and other species need to be chosen.
It appears that Live Oaks have been shown twice on
Plant List, and needs correction.
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)