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CP 2010-03-23 NOTICE OF CITY COUNCIL MEETING AND AGENDA MARCH 23, 2010 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 7:30 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, March 23, 2010, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 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. ag032310 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding Northlake Property. 2. South of W. Bethel Road and east of S. Coppell Road. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. South of W. Bethel Road and west of S. Coppell Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Council Retreat. B. Discussion regarding the Communication Plan C. Discussion regarding Video Productions. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Report by Keep Coppell Beautiful Board. 8. Citizens' Appearances 9. Consider approval of minutes: March 9, 2010. 10. PUBLIC HEARING: Consider approval of Case No. S-1023R-R Chevron, zoning change request from S-1023-R (Special Use Permit-1023-Retail) to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to allow a change in use of the existing 765-square-foot Car Wash building to a State Vehicle Inspection Station on 0.7 acres of property located at 101 E. Belt Line Road being the southeast corner of S. Belt Line and E. Belt Line Roads. 11. Consider approval of an Ordinance amending the Code of Ordinances for the City of Coppell Chapter 12, Article 35, “Accessory Structures ag032310 Page 2 of 5 ITEM # ITEM DESCRIPTION Regulations”, by adding Section 12-35-4, “Wind Energy Systems”, to prohibit Wind Energy Systems within the City Limits; and, amending Article 42. “Special Definitions”, Section 12-42-1, by adding a definition for Wind Energy System/Wind Turbine and authorizing the Mayor to sign. 12. PUBLIC HEARING: Consider approval of an ordinance of the City of Coppell, Texas, Repealing Chapter 9 Article 9-19 "Youth Program Standards" in its entirety and adding a new Section 9, Article 9-19, "Youth Camp Program Standards of Care”; and authorizing the Mayor to sign. 13. Consider the approval of an ordinance establishing the city seal, logo and associated icons and typography as the official brand/logo for the City of Coppell, establishing the authorized and unauthorized use of the city logo, and authorizing the Mayor to sign. 14. Consider approval of an economic agreement between the City of Coppell and the Coppell Economic Development Foundation, Inc. for restoration of the Kirkland House in an amount not to exceed $85,000 and authorizing the Mayor to sign. 15. City Manager's Report. A. Project Update and Future Agendas. 16. Mayor and Council Reports. A. Report by Mayor Peters regarding the Egg Hunt on April 3rd, 11:00 a.m. at Wagon Wheel Park. B. Report by Mayor Peters regarding Clean Coppell from Saturday, April 10th through Saturday April 24th. C. Report by Councilmembers Faught and Brancheau regarding the Senior/Community Center. 17. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 18. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters and Hunt. E. International Council for Local Environmental Initiatives (ICLEI) – Brancheau. F. Metrocrest Hospital Authority – Tunnell. ag032310 Page 3 of 5 ITEM # ITEM DESCRIPTION G. Metrocrest Medical Foundation – Mahalik. H. Metrocrest Medical Services – Hinojosa-Flores. I. Metrocrest Social Services – Franklin. J. North Texas Council of Governments – Tunnell. K. North Texas Commission – Hunt. L. Senior Adult Services – Franklin. 19. 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 19th day of March, 2010, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. ag032310 Page 4 of 5 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). ag032310 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding Northlake Property. 2. South of W. Bethel Road and east of S. Coppell Road. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. South of W. Bethel Road and west of S. Coppell Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: WS-3 WORK SESSION A. Discussion regarding Council Retreat. B. Discussion regarding the Communication Plan. C. Discussion regarding Video Productions. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn MEMORANDUM TO: The Mayor & City Council FROM: Mario Canizares, Deputy City Manager DATE: March 23, 2010 SUBJECT: 2010 Communications Plan for the City of Coppell For quite some time, the staff has been working on updating Coppell’s Communications Plan. Originally, the Plan was drafted in 2002 and it set the groundwork for a number of areas such as: • Design and implementation of the Coppell website • E-gov initiatives (online bill payments, mapping, public information requests, etc.) • Government cable channel programming • Establishment of City Spokespersons • Certain communication methods (policies, logos, media contacts) The 2010 Plan update is designed to provide a connection to the objectives defined in Coppell 2030. In addition, it will serve as a workplan for staff to evaluate existing programs and take on new efforts and initiatives. The attached document is a summary of the areas that have been identified as priority items to be considered. 1 2010 Communications Plan City of Coppell Introduction The City of Coppell is committed to transparent government and the continual two way flow of information. The Communications Plan is a living document that reflects the framework of the products and procedures utilized to accomplish this task. This plan will be reviewed annually and updated to reflect the continually changing realm of communication and citizen engagement. Currently, the City uses a variety of methods and mediums to communicate internally, externally and in the event of an emergency. The power of our communication efforts lends itself to reaching everyone who receives value from a city service. Mission The City of Coppell strives to communicate accurate, reliable, timely, and pertinent information encouraging the pursuit of knowledge, and productive associations between Coppell residents, the elected officials, the community, and its municipal government. Values The City's communication plan is based on the following essential values: • The City operates in an open government environment through communicating with the community and its employees. • The City strives for a more informed citizenry on the activities of its city government. • The City strives to communicate its messages in such a way that encourages two-way communication. • The City believes in and strives for timely communications. • The City believes in proactive communications thus providing information in anticipation of future opportunities. • The City believes in delivering a consistent message internally and externally so that same message is conveyed. Goals The goals of the City's communication efforts are to: • Promote the 2030 vision of Coppell as A Family Community for a Lifetime. • Increase awareness, interest and participation regarding City of Coppell activities and programs. 2 • Practice proactive versus reactive communication efforts. • Provide a better understanding of municipal government and citizen roles. • Facilitate and encourage interaction between citizens, the community, elected officials, and City employees. • Convey a timely, consistent and accurate message. • Promote goodwill and commitment to media personnel and organizations. Strategies The City of Coppell will utilize the following strategies to maintain its communication efforts and implement any new programs for the future. • Commitment from the City Manager's Office to increasing awareness, interest and participation in city government through the use of timely, consistent and accurate messages. • Pursuit of employee commitment to the communication process through continued and open dialogue between departments. • The utilization of the Community Information Officer to guide and provide support for the City’s communication efforts. • The adoption of a multimedia, multifaceted approach to communications. • The continual review and analysis of current communication tools on a frequent basis to evaluate its effectiveness and efficiencies for those targeted audiences. • Research and analyze potential communication tools annually. • Cross promote the City’s communication tools to citizens, civic groups, and other interested parties. • Develop sources and tools for communicating our message on a timely basis. • Increase communication capabilities, while collaborating and blending existing tools to work together. • Deploy tools and training to departmental communication contributors. • Continually enhance internal communication tools to keep employees informed Action Steps The Coppell Communication Plan is a series of action steps that have been developed and is divided into three categories: Internal, External, and Emergency Communications. Once the action steps are completed and implemented, they can be re-evaluated for its current value and effectiveness to the City and/or additional action steps can be added for consideration. 1. Develop a Comprehensive Communications Assessment/Survey: The City needs to conduct a communication survey of the community to gauge the awareness and effectiveness of our current communication methods. This would involve hiring an outside firm that is familiar with survey instrument development, methodology, and implementation. 3 The City Manager’s Office would provide oversight of this process and would ultimately lead to recommended enhancements, changes, or even the elimination of certain efforts. An internal survey should be developed to gauge the staff’s level of understanding and value of our current internal communication methods. Much if not all of this work can be managed by city staff through email and paper surveys. 2. Establish criteria for evaluating existing communication pieces and methods: Once the survey results are received and analyzed, the Community Information Officer should begin the development of criteria to periodically review the City’s communication efforts. Overall, the criteria should answer these basic questions: Is it effective? Is it efficient? Is it easy to administer? There may be other criteria established through best practices developed by the professional associations such as 3CMA and TAMIO. In addition, other cities should be surveyed to better understand what our peers are using to evaluate the effectiveness and efficiency of their efforts. This is and should be an ongoing effort as the community’s needs and desires change. Attached, in the Appendix, is a listing of the City’s existing communication methods. 3. Better utilize the Public Information Group (PIG) to develop marketing strategy for certain city operations For some time, the City has utilized a group of employees from all operations to form the Public Information Group. Its purpose was to assist in managing and updating content on the City’s website. While this will still be a primary function for the group, the team needs to be trained and developed into a marketing arm for the City. This team should be working with the CIO to develop stories regarding city events, projects, and other notable activities. This should include the use of video and photography where appropriate. 4. Develop procedures and policies for using social networking outlets When the City launched the new website in February 2010, it also established a presence on Facebook and Twitter. While these are certainly useful tools to communicate, it is also an area that needs to be monitored closely. While Facebook and Twitter is the most prominent communication portal at the present time, the popularity of these sites change on a frequent basis. The City needs to assure that whatever site(s) are used that it is easy to use, not too time consuming, and can link the individual back to the City’s website. These sites are outside of the City’s purview and maintaining a consistent message is imperative. 5. Enhance the City’s Centralized Intranet Environment Now that the City’s website is updated, it is time to turn the attention to the staff Intranet. The City’s Intranet has been in existence since 2002 and has been the portal where City staff can access an array of information related to employee benefit forms, staff directories, and other important information. However, the site needs to be completely updated and provide the same capabilities and aesthetics as the external website. The plan is to update the site and create a 4 portal where employees go to conduct all transactional activity such as payroll, finances, budget, and human resources. This site should be designed to provide the employee with a knowledge base to support or guide them in areas that the employee has little to no understanding of the subject matter. 6. Strive toward enhanced website content Now that the City’s website is live and operational, it is imperative that staff strive for enhanced website content. Most of this activity will fall upon the employee committee (Public Information Group). However, staff should continue to look for ways to enhance web content through video, pictures, links to important and pertinent external sites. The site should be relative to the activities in the community and a way for which the City can keep our residents engaged and informed. Continuous review of website aesthetics and other communities’ websites are important to assure that Coppell’s website is maintaining its freshness and relevance. 7. Create a new resident welcome packet The City currently distributes a new resident booklet each time a new water billing account is established. The booklet contains information about City services, important phone numbers, and other pertinent information. The booklet has served its useful life, but as our community is pressed for time and with short attention spans, the piece is not held onto for the long term. The CIO along with the CMO should look at re-evaluating this program so that it includes materials that serve a specific purpose to the new resident (i.e. welcome letter, parks/trail maps, Library card application, business/restaurant guide, etc.). The effort could be expanded to include existing residents in which the City would push this packet or certain components of it to every household in the City. 8. Develop methods to continuously communicate the progress of Coppell 2030 The Coppell 2030 Vision speaks of a “passion” for Coppell. Through our communication efforts we must continually “fuel” this passion with our existing residents and “ignite” this passion within our new community members. Develop a “Follow the Passion – Coppell 2030” campaign to include short videos, print pieces containing strategy updates and reinforcing the Coppell 2030 vision for external communication purposes. Internally, we must ignite the same passion and continually remind our employees of this vision. Develop a similar campaign, “Live the Passion – Coppell 2030,” using the tagline on all internal communications to continually remind employees of our mission. Develop posters for break rooms and offices spelling out the strategies and goals. 9. Develop a robust knowledge base for citizens and employee use The City’s new website contains a section called “I Want To” which allows the resident to find information related to a matter pertinent to their current needs but unaware of its location on the website. The “I Want To” should expand over time as more analysis is completed to determine the popular issues or areas viewed on the City’s website. In addition, the same type of presence should be made available on the City’s Intranet site. This provides an area for City staff 5 members to access assistance in doing their work. Some office activities or transaction are done so infrequently that an employee may not be familiar with the processes to get them accomplished. The knowledge base would be a tool to provide the individual with step-by-step and/or interactive instructions for completing an unknown task. 10. Develop an electronic bulletin board for City employees Many employees that work for the City can not access a computer on a regular basis. Much if not all of the announcements and fliers related to City-sponsored events are sent via email. The premise behind an electronic bulletin board would allow those announcements to be broadcast on flat screen televisions mounted in the employee break rooms. The information would be generated from a central location and scroll through a sequence of announcements. This should grab the employee’s attention and remind them of an upcoming event/activity. Training videos and other videoed announcements could also be shown through this system. 11. Create an environment for Coppell specific story development (SL) Sometimes, the greatest way to tell your story is through the eyes and words of those living in the community. Develop a social networking community that will encourage interaction and communication with a goal of focusing the efforts on communicating our successes and engaging the public to participate. Promote our events and activities ahead of time and follow up with reviews, videos and pictures after the event on the social networking frame allowing the community to post their videos, pictures and successes, as well. These sites would be monitored and postings approved before going live. Through carefully drafted legal wording, the simple act of posting on a City-run site would be considered an acceptance of our agreement and terms of use. 12. Develop, enhance, and define the Coppell brand The City should begin a study of the Coppell brand to better understand the community’s overall perception of the City’s image. Branding is more than revising a logo or creating a tagline. A brand is the image that all people perceive the organization demonstrates. Understanding the City’s brand can help shape policy, determine what projects are funded, and guide the allocation of resources. The branding study would consist of hiring an outside consultant who would facilitate a series of conversations with the Council and key staff. The consultant would conduct a survey and then develop a series of focus groups to determine their perceptions of the City. The results from the public’s feedback can then assist the City in either validating what is already known or help re-direct perceptions in a more favorable manner. 13. Develop a strategy to enhance Connect CTY and My Coppell registrations In the fall of 2009, the City established Connect CTY as the main mass communication service provider. This service is unique in that it can alert an individual by sending messages via email, SMS text, and voice. The primary function of this service is to alert the public about an impending emergency or situation that is critical to that individual’s health, safety, and welfare. 6 This can be a very valuable tool to keep the public aware and safe, but the City has not been able to have a majority of the households in Coppell register their contact information. MyCoppell is a unique eCitizen portal that is customizable, secure and personalized for each website user. By creating a MyCoppell profile, the user can select to receive CoppellClips and customize the content. The MyCoppell profile also enables a user to quickly and easily submit a non-emergency request for service by automatically populating information fields. A MyCoppell profile also allows the user to view their water bill online. Redesign CoppellClips with more graphics and valuable information. Develop a “Tell A Friend” campaign where a person receiving Clips or a Connect CTY SMS text message will tell a friend, encourage them to complete a three step process to include setting up a MyCoppell profile, signing up for Clips and registering for Connect CTY. Contestants will accomplish this through a single web page to guide them through the process with the final step for entry requiring them to submit a non-emergency request for service and providing their contact info and their friends contact info. Prizes could include a one day pass at the Aquatic Center, Tennis Center, or coupons for free items or food at an upcoming event. This activity could boost MyCoppell profiles, Clips subscriptions, Connect CTY registrations, awareness of the non-emergency request for service module, as well as promotion for City events and services. Facebook and Twitter will also be used to publicize this campaign. 14. Enhance the City’s programming capabilities on the Cable Channel Incorporate new content that explores the city and educates the viewer is the next step for CiTV, City Info TV. Riding on the back of TML’s Texas Cities Work campaign, content will be created educating community members about various city job functions and duties. This type of programming can be converted to shorter PSAs. The City should explore the possibility of airing video segments as seen through the eyes of Coppell’s youth, KidVid, exploring today’s world and a look into the future of Coppell with topics set through the 2030 Vision plan. 7 Appendix Existing Methods of Communication March 2009 EXTERNAL TV – CiTV (Policy in place for use / SOP 603) Coppell Community News Town Hall Coppell Blue Public service announcements Electronic bulletin board Live broadcast of meetings Replay of meetings Paper City Desk Flyers / brochures Bond elections Municipal Officer Elections Special events and activities Newspaper advertisements Legal notifications Animal Services newsletter Rec!Connect Newcomer Guide Maps Water bill message (350 character count) Comprehensive Annual Financial Report Budget Document Media (Employee policy in place for interaction with the media / SOP 604) TV stories and interviews Radio interviews News releases Photos Quotes Electronic Web site(s) (SOP 611) coppelltx.gov Rollingoaksmemorialcenter.com PetFinder.org CoppellClips 8 Email Video on demand and live streaming Programs / Personnel citizen interaction and contact Speakers Bureau / neighborhood meetings, civic organizations, etc. Leadership Coppell Citizen’s Police Academy (CPAC) Junior Police Academy (JPAC) Citizens Emergency Response Team (C-CERT) Boards and Commissions Public Meetings / Hearings Special events State of the City Development Review Committee meetings Letters / to individuals and groups Open Records / Public Information Act Telephone C-LINK Voice mail messages Connect CTY Miscellaneous Banners Yard signs Wayfinder signs Bulletin boards INTERNAL Electronic Web site: Staffnet.ci.coppell.tx.us Email Breakroom Bulletins Instant message Paper Memos Staff Line employee newsletter FYI Tidbits Telephone C-LINK Voice mail messages 9 TV / Video Training videos Personal Interaction Multi department meetings Banquet Public Information Group Staff meetings Council / Staff Staff to staff CERF EMERGENCY Media Radio Television Connect CTY CoppellClips Yard signs 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 March 23, 2010 7 ✔ REPORT Report by the Keep Coppell Beautiful Board. The semi-annual report will be made by a member of the Keep Coppell Beautiful Board. No action necessary on this item. %boardreport AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: 8 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 March 23, 2010 9 ✔ PROCEDURAL Consider approval of minutes: March 9, 2010. Minutes of the City Council meetings held on March 9, 2010. Staff recommends approval. %minutes Cm030910 Page 1 of 8 MINUTES OF MARCH 9, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 9, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Councilmembers Hinojosa-Flores and Franklin were absent. Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Peters called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects north of Bethel Road and east of Creekview. 2. ED Prospects south of W. Bethel Road and west of S. Coppell Road. Mayor Peters convened into Executive Session at 5:48 p.m. Mayor Peters adjourned the Executive Session at 6:17 p.m. and opened Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Tennis Center Expansion. B. Discussion regarding Trail Implementation Notifications. C. Discussion regarding the Coppell Aquatic Center Expansion. D. Discussion of Agenda Items. Cm030910 Page 2 of 8 REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Rod Collver of Living Hope Church led those present in the Invocation. 6. Pledge of Allegiance. Michael Blake led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming March 9, 2010 as MICHAEL BLAKE DAY, and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Michael Blake. Action: Councilmember Faught moved to approve the proclamation naming March 9, 2010 as MICHAEL BLAKE DAY, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell and Faught voting in favor of the motion. 8. Citizens' Appearances. Mayor Peters advised no one signed up to speak. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 23, 2010. Cm030910 Page 3 of 8 B. Consider approval of an ordinance of the City of Coppell, Texas, amending Article 9-11, "PARKS AND RECREATION CODE", by adding Section 9-11-13, “Coppell Youth Camp Program Standards” providing for the City of Coppell Youth Camp Programs Standards of Care; providing a repealing clause; providing a severability clause; providing a savings clause; and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. S-1250-PD- 228-HC, Subway, a zoning change from PD-228-HC (Planned Development-228-Highway Commercial) to S-1250-PD-228- HC (Special Use Permit-1250-Planned Development-228- Highway Commercial), to allow a 1,805-square-foot restaurant with drive-thru, to be located at 760 N. Denton Tap Road, Suite #100 and authorizing the Mayor to sign. Item B was pulled. Action: Councilmember Tunnell moved to approve Consent Agenda Items A and C carrying Ordinance No. 91500-A-542. Councilmember Mahalik seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell and Faught voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of a Resolution granting a variance of three hundred (300') feet to Goodfish from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 171 N. Denton Tap Road, Suite 600; and authorizing the Mayor to sign. Presentation: Libby Ball, City Secretary, made a presentation to Council. Sam Soloman, applicant, addressed the Council. Cm030910 Page 4 of 8 Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve Resolution No. 2010-0309.1 granting a variance of three hundred (300') feet to Goodfish from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 171 N. Denton Tap Road, Suite 600; and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell and Faught voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. S-1023R-R Chevron, zoning change request from S-1023-R (Special Use Permit-1023-Retail) to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to allow a change in use of the existing 765-square-foot Car Wash building to a State Vehicle Inspection Station on 0.7 acres of property located at 101 E. Belt Line Road being the southeast corner of S. Belt Line and E. Belt Line Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council, advising this item would need a ¾ vote to pass. Public Hearing: Mayor Peters opened the Public Hearing. Action: Councilmember Tunnell moved to continue the Public Hearing to the March 23rd meeting. Mayor Pro Tem Hunt seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell and Faught voting in favor of the motion. Cm030910 Page 5 of 8 12. PUBLIC HEARING: Consider approval of Case No. S-1197R-PD-133R2-HC, Pizza Hut, zoning change request from S-1197-PD-133R2-HC (Special Use Permit 1197-Planned Development-133 Revision 2-Highway Commercial) to S-1197R-PD-133R2-HC (Special Use Permit-1197 Revised-Planned Development-133 Revision 2-Highway Commercial), to allow a 964-square-foot restaurant (take-out and delivery only) to be located at 651 N. Denton Tap Road, Suite #130. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Mike Oxley, representing the applicant, addressed Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no signed up to speak. Action: Councilmember Mahalik moved to close the Public Hearing and approve Case No. S-1197R-PD-133R2-HC, Pizza Hut, zoning change request from S-1197-PD-133R2-HC (Special Use Permit 1197-Planned Development-133 Revision 2-Highway Commercial) to S-1197R-PD-133R2-HC (Special Use Permit-1197 Revised-Planned Development-133 Revision 2-Highway Commercial), to allow a 964-square-foot restaurant (take-out and delivery only) to be located at 651 N. Denton Tap Road, Suite #130, subject to the following conditions: 1) Contact the Environmental Health Department for grease trap size requirements; 2) The development shall be in accordance with the Floor Plan, Site Plan and Sign Plan; and 3) The hours of operation shall not exceed 11:00 a.m. to 10 p.m. Sunday through Thursday and 11 a.m. to 11 p.m. Friday through Saturday. Mayor Pro Tem Hunt seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell and Faught voting in favor of the motion. Cm030910 Page 6 of 8 13. Consider approval of the Wagon Wheel Park, Tennis Center Expansion, Site Plan Amendment, to allow the addition of four regular-size and three half-size tennis courts, a 1,133- square- foot expansion to the existing 1,084-square-foot pro shop to include tennis equipment sales, two 288-square-foot bleacher shade canopies, a 96-square-foot storage building, a 600-square- foot pavilion and additional walkways on 7.5 acres of property located at 950 Creekview Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Ester Moreno, Parks and Recreation Manager, addressed questions of Council. Action: Councilmember Faught moved to approve the Wagon Wheel Park, Tennis Center Expansion, Site Plan Amendment, to allow the addition of four regular-size and three half-size tennis courts, a 1,133- square-foot expansion to the existing 1,084-square-foot pro shop to include tennis equipment sales, two 288-square-foot bleacher shade canopies, a 96- square-foot storage building, a 600-square-foot pavilion and additional walkways on 7.5 acres of property located at 950 Creekview Drive. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell and Faught voting in favor of the motion. 14. Consider approval of an Ordinance for Case No. S-1033R3-SF-12, Manara Academy, a zoning change from S-1033R2-SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) to S-1033R3-SF-12 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a Charter School for Grades K-8, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year, on 4.85 acres of property located at 140 S. Heartz Road and authorizing to sign. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Cm030910 Page 7 of 8 Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-543 for Case No. S-1033R3-SF-12, Manara Academy, a zoning change from S- 1033R2-SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) to S- 1033R3-SF-12 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a Charter School for Grades K-8, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year, on 4.85 acres of property located at 140 S. Heartz Road and authorizing to sign. Councilmember Mahalik seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell and Faught voting in favor of the motion. 15. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips reported on the Northlake Town Hall Meeting last week. Approximately 75 people were in attendance with 20 staff members. The video is online if anyone is interested in seeing the meeting. Regarding future agendas, the Old Coppell Development Plan will be on the agenda for the first meeting in April. Ordinances for the outside storage and wind turbines will be coming forward, as will the Communication Plan. The ribbon cutting and soft opening for the Senior Center will be held on March 26th at noon. The building will be open and operational from that point forward. A formal Grand Opening will be scheduled a month later. 16. Mayor and Council Reports. A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Peters regarding the Movie Series in Town Center Plaza A. Mayor Peters and City Manager Clay Phillips attended the Metroplex Mayors’ Meeting. The keynote speaker was Bill Lively, former CEO of the AT&T Performing Arts Center, and CEO of the Super Bowl 45 Host Committee. He made a presentation on the efforts to win the Super Bowl bid and giving back to the community. Cm030910 Page 8 of 8 B. Mayor Peters reported on the Movie Series in Town Center Plaza. The following movies will begin at dark: March 19th - Cloudy with a Chance of Meatballs; March 26th – Never Ending Story; April 2nd – Jurassic Park; and April 9th – Iron Giant. 17. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. 18. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ 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: PLANNING March 23, 2010 10 ✔ PUBLIC HEARING Consider approval of Case No. S-1023R-R Chevron, zoning change request from S-1023-R (Special Use Permit-1023-Retail) to S-1023R-Retail (Special Use Permit-1023-Revised Retail), to allow a change in use of the existing 765-square-foot Car Wash building to a State Vehicle Inspection Station on 0.7 acres of property located at 101 E. Belt Line Road being the southeast corner of S. Belt Line and E. Belt Line Roads. The following P&Z condition remains outstanding: 1. The landscaping is to be in compliance with the approved landscape plan prior to the issuance of a Final Certificate of Occupancy. On March 9, 2010 the City Council continued this public hearing until March 23, 2010. On February 18, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0), subject to the above-stated condition. Commissioners Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @01 S-1023R-R, Chevron-1 AR ITEM # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1023R-R, Chevron P&Z HEARING DATE: February 18, 2010 C.C. HEARING DATE: March 9, 2010 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 101 E. Belt Line Road SIZE OF AREA: 0.7 acres of property CURRENT ZONING: S-1023-R (Special Use Permit-1023-Retail) REQUEST: A zoning change to S-1023R-Retail (Special Use Permit-1023- Revised Retail), to allow a change in use of the existing 765- square-foot Car Wash building to a State Vehicle Inspection Station. APPLICANT: Nasim Shakeeb Chevron 101 E. Belt Line Road Coppell, Texas 75019 469-235-7626 FAX: 972-332-3664 HISTORY: On December 12, 1987, Council approved Ordinance 297-A-72 which established S-1021 for a gasoline service station, S-1024 for a Convenience Store and S-1023 for a Car Wash. S-1023 is the subject of this rezoning request. TRANSPORTATION: South Belt Line and East Belt Line Roads are designated as P6D, six lane divided thoroughfares with 110’ rights-of-way. ITEM # 4 Page 2 of 3 SURROUNDING LAND USE & ZONING: North – Texaco Gas Station and Chicken Express; C (Commercial) South and East – Retail Shopping Center; R (Retail) West – undeveloped; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for neighborhood retail uses. DISCUSSION: This is a fairly simple request. The owner/operator of this business desires to change the use of the existing carwash building to a State Inspection Station. As explained by the applicant, this inspection station will only perform inspections on cars 1996 and newer, which utilizes computer technology, not requiring the revving of engines within the building. The external changes to the building will be limited to replacement of the existing man-door and signage. The north elevation, which faces internal to the site contains an existing 20 square-foot blue and white car wash sign to be removed. No additional permanent signs will be installed on this elevation. A nine square-foot State Inspection placard will be placed on the southern elevation, which is most visible from northbound Belt Line Road. All existing signage (22 square feet) on the east elevation, which currently serves at the entrance to the car wash, will be removed and no signage will be installed. Finally, the west elevation, which faces Belt Line Road, the existing “do not enter” symbol which is 3.8 square feet, will be removed from the left side of the door, and a nine square-foot State Inspection Placard will be placed on this elevation. In sum, 44 square feet of signs will be removed, and replaced with two nine square foot signs, for a total of 18 square feet. The landscape plan as approved in 1987, complied with the landscaped requirements at that time. However, some of the plants are currently missing. Therefore staff’s recommendation of approval is conditioned upon the landscaping being brought into compliance with the landscape plan prior to the issuance of ITEM # 4 Page 3 of 3 a Final Certificate of Occupancy for this proposed Car Inspection Station. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1023R-R, Chevron subject to: 1. Landscaping to be incompliance with the approved landscape plan prior to the issuance of a Final Certificate of Occupancy. 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. Letter from applicant, Nasim Shakeeb 2. Site Plan 3. Photos of Elevations with existing and proposed attached signs 4. Existing Landscape Plan 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 March 23, 2010 11 ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances for the City of Coppell Chapter 12, Article 35, “Accessory Structures Regulations”, by adding Section 12-35-4, “Wind Energy Systems”, to prohibit Wind Energy Systems within the City Limits; and, amending Article 42. “Special Definitions”, Section 12-42-1, by adding a definition for Wind Energy System/Wind Turbine and authorizing the Mayor to sign. Per the action at the February 23, 2010, Council public hearing, the attached ordinance is being brought forward for adoption. On February 23, 2010, Council by a vote of 4-2 (Brancheau, Hinojosa-Flores), directed staff to bring forward an ordinance prohibiting wind energy systems. @02 Wind Energy Systems ORD-1 AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF COPPELL CHAPTER 12, ARTICLE 35, “ACCESSORY STRUCTURES REGULATIONS”, BY ADDING SECTION 12-35-4, “WIND ENERGY SYSTEMS”, TO PROHIBIT WIND ENERGY SYSTEMS WITHIN THE CITY LIMITS; AND, AMENDING ARTICLE 42. “SPECIAL DEFINITIONS”, SECTION 12-42-1, BY ADDING A DEFINITION FOR WIND ENERGY SYSTEM/WIND TURBINE; PROVIDING A REPEALING 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 12, Article 35, “Accessory Structures Regulations”, of the Code of Ordinances be and the same is hereby amended by adding Section 12-35-4, “Wind Energy Systems”, prohibiting wind energy systems within the city limits, which shall read as follows: “CHAPTER 12 ZONING . . . . ARTICLE 35. ACCESSORY STRUCTURE REGULATIONS . . . . . Sec. 12-35-4. Wind Energy Systems. No owner or occupant of any lot or property within any zoning district shall construct or maintain a wind energy system within the corporate limits of the City.” SECTION 2. That Chapter 12, Article 42, “Special Definitions”, of the Code of Ordinances be and the same is hereby amended by amending Section 12-42-1 to provide a definition for wind energy systems / wind turbines, which shall read as follows: TM 42203.2.2242010 2 “CHAPTER 12 ZONING . . . . ARTICLE 42. SPECIAL DEFINITIONS . . . . . Warehouse / distribution: . . . . . Wind Energy System / Wind Turbine: A wind energy conservation system consisting of a wind turbine, a tower, mounting components and associated control or conversion electronics, or any combination thereof. Yard: . . . . . . . . . .” SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be TM 42203.2.2242010 3 subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2010. APPROVED: JAYNE PETERS, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) 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 March 23, 2010 12 ✔ PUBLIC HEARING Consider approval of an ordinance of the City of Coppell, Texas, Repealing Chapter 9 Article 9-19 "Youth Program Standards" in its entirety and adding a new Section 9, Article 9-19, "Youth Camp Program Standards of Care”; and authorizing the Mayor to sign. This item is submitted annually to the Council to adhere to guidelines for state exemption to day care licensing standards. These guidelines apply to all camp situations, including summer programs (Camp-Do-It-All and Kidz Connect) and other school holidays (Thanksgiving and Spring Break, as well as individual days that the schools are closed). Staff recommends approval of these standards. ^Standards of Care- 1 AR PARKS & RECREATION DEPARTMENT CITY COUNCIL AGENDA Date: March 23, 2010 To: Mayor and City Council Via: Brad Reid, Director of Parks and Recreation From: Ester P Moreno, Recreation Services Manager Re: Consider approval of an ordinance of the City of Coppell, Texas, Repealing Chapter 9 Article 9-19 "Youth Program Standards" in its entirety and adding a new Section 9, Article 9-19, "Youth Camp Program Standards of Care”; and authorizing the Mayor to sign. Background: The State Human Resource Code requires that all municipally operated youth camps have standards of care which are submitted for City Council consideration on an annual basis. This is done so that guidelines for state exemption of day care licensing can be applied for all youth camp programs offered by the city. The Coppell Parks & Recreation Department offers camps including Camp Do-It-All, Kidz Connect, Missoula and all those offered at the Recreation Center in the summer, along with any individual days and holidays that are scheduled throughout the school year. The city programs fall under an exemption from State licensure because they are operated by a municipality, are recreation programs for children ages 5 through 13 and because they meet the following criteria: • The standards of care for the program are annually adopted by ordinance after a public hearing. • The standards of care include staffing ratios and qualifications, facility health and safety standards, and monitoring and enforcement provisions. • The standards of care are provided to the parents of each program participant. • The parents of each program participant are informed the program is not licensed by the state. • The program is not advertised as child care. As parents register their children for the camps they are provided a copy of the standards as listed in the requirements. Along with the standards they are also provided information on camp hours of operation, appropriate attire, plus all other information parents need to know for their child to have a successful camp experience. These standards of care are closely monitored by Recreation Coordinators and Supervisors as well as the Recreation Services Manager. City Council Action requested: Approval of an ordinance updating the Standards of Care for youth camp programs. Staff Recommendation: Staff recommends approval of the Standards of Care and will be present to answer any questions. AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REPEALING CHAPTER 9, ARTCILE 9-19 “YOUTH PROGRAM STANDARDS” IN ITS ENTIRETY AND ADDING A NEW SECTION 9, ARTICLE 9-19, “YOUTH CAMP PROGRAM STANDARDS OF CARE”; PROVIDING FOR ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR INSPECTIONS, MONITORING, ENFORCEMENT; PROVIDING FOR ENROLLMENT; PROVIDING FOR REPORT OF ABUSE; PROVIDING SITE DIRECTOR QUALIFICATIONS; PROVIDING SITE DIRECTOR RESPONSIBILITIES; PROVIDING COUNSELOR QUALIFICATIONS; PROVIDING COUNSELOR RESPONSIBILITIES; PROVIDING FOR TRAINING, ORIENTATION; PROVIDING STAFF-PARTICIPANT RATIO; PROVIDING FOR DISCIPLINE; PROVIDING FOR PROGRAMMING; PROVIDING FOR COMMUNICATIONS; PROVIDING FOR TRANSPORTATION; PROVIDING FOR FACILITY STANDARDS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell operates Youth Camps; and WHEREAS, the City of Coppell wants to provide a safe and instructive atmosphere. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 9, Article 9-19, "Youth Programs Standards of Care", of the Code of Ordinances be, and the same is, hereby repealed which shall read as follows: “Chapter 9 . . . . . ARTICLE 9-19. YOUTH PROGRAM STANDARDS OF CARE. DIVISION 1. GENERAL ADMINISTRATION Sec. 9-19-1. Generally Page 1 TM 42282.2.000 The Standards of Care are intended to be minimum standards by which the City of Coppell Parks and Recreation Department will operate the City’s Youth Programs. The programs operated by the City are recreational in nature and are not day care programs. Sec. 9-19-2. Organization A The governing body of the City of Coppell Youth Camp Programs is the Coppell City Council. B City of Coppell Youth Camp Programs are exempt from licensure under state law. C Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Departmental employees. D Youth Program (“Program”) to which these Standards of Care will apply is the Summer Recreation Program and selected days off from the school calendar. E Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. F Parents of participants will be provided a current copy of the Standards of Care during the registration process. G Criminal background checks will be conducted on prospective Youth Program employees. If results of the criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: H A felony or misdemeanor classified as an offense against a person or family; I A felony or misdemeanor classified as public indecency; J A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; K Any offense involving moral turpitude; L Any offense that would potentially put youth participants or the City of Coppell at risk. M The parents of each participant shall be provided a copy of the Standards adopted under this Article. N The programs administered under this Article are not licensed by the State of Texas and are not considered a child care facility. Page 2 TM 42282.2.000 Sec. 9-19-3. Definitions City: City of Coppell. City Council: City Council of the City of Coppell. Department: Parks & Recreation Department of the City of Coppell. Youth Programs or Program: City of Coppell Youth Programs currently consisting of the Summer Recreation Program and selected days off from school. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Coppell Youth Programs. Director: City of Coppell Parks & Recreation Department Director or his or her designee. Parks & Recreation Manager: City of Coppell Parks & Recreation Department’s Recreation Manager. Recreation Services Supervisor: City of Coppell Parks & Recreation Department Recreation Services Supervisor. Site Director: City of Coppell Parks & Recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City’s Youth Program. Program Counselor: City of Coppell Parks & recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City’s Youth Program. Program Site: Area and facilities where Coppell Youth Programs are held consisting of the Coppell Independent School District Campus and the Aquatic and Recreation Center. Participant: A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a Coppell Youth Program. Parent(s): This term will be sued to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in Coppell Youth Programs. Employee(s): Term used to describe people who have been hired to work for the City of Coppell and have been assigned responsibility for managing, administering, or implementing some portion of the Coppell Youth Programs. Page 3 TM 42282.2.000 Recreation Center: The Coppell Independent School District campuses or the Aquatics and Recreation Center which hosts the Summer Recreation Program and selected days off from school. Water Front Director: City of Coppell Parks & Recreation Department Aquatics Operation Supervisor or Head Lifeguard as assigned by the Recreation Manager. Sec. 9-19-4. Inspections/Monitoring/Enforcement A A monthly inspection report will be initiated by the Site Director of each Program to confirm that the Standards of Care are being met. B Inspection reports will be sent to the Recreation Services Supervisor for review and kept on record for at least two (2) years. C The Parks & Recreation Department’s Recreation Manager will review the report and establish deadlines and criteria for compliance with the Standards of Care. D The Summer Recreation Program will be inspected twice during its summer schedule. In addition, selected days at the Aquatics and Recreation Center will be visited during the school year. E Complaints regarding enforcement of the Standards of Care will be directed to the Site Director. The Site Director will be responsible to take the necessary steps to resolve the problems. The Site Director will record complaints regarding enforcement of the Standards of Care and their resolution. The Recreation Services Supervisor will address serious complaints regarding enforcement of the Standards of Care and the complaint and resolution will be noted. F The Parks & Recreation Department’s Recreation Manager will make an annual report to the City Council on the overall status of the Youth Program and its operation relative to compliance with the adopted Standards of Care. Sec. 9-19-5. Enrollment A. Before a child can be enrolled a parent must sign registration forms that contain the child’s: (1) Name, address, home telephone number; (2) Name and address of parents and telephone number during Program hours; (3) The names and telephone numbers of people to whom the child can be released or names of those who many not pick them up; (4) A statement of the child’s special problems or needs; Page 4 TM 42282.2.000 (5) Emergency medical authorization; (6) Proof of residency when appropriate; and (7) A liability, transportation, photo and movie waiver Sec. 9-19-6. Report of Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. DIVISION 2. STAFFING – RESPONSIBILITIES AND TRAINING Sec. 9-19-7. Site Director Qualifications A Site Director will be Seasonal/Temporary professional employees of the City of Coppell Parks & Recreation Department and will be required to have all Recreation Site Director qualifications as outlined in this document. B Site Director must be at least 21 years old C Site Director must have a bachelor’s degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation (2) Physical Education, Secondary or Elementary Education (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D Site Director must have two years experience planning and implementing recreational activities. E Site Director must pass a background investigation including testing for illegal substances. F Site Director must have successfully completed a course in First Aid and Cardio- Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. G Site Director must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. Page 5 TM 42282.2.000 Sec. 9-19-8. Site Director’s Responsibilities A Site Directors are responsible to administer the Programs’ daily operations in compliance with the adopted Standards of Care. B Recreation Services Supervisor and Site Directors are responsible to recommend for hire, supervise, and evaluate Counselors. Camp management shall ascertain and have on record information, such as a letter of reference, attesting to the character and integrity of each staff member, and information, such as training certificates, attesting to the ability of each staff member to perform the tasks required in his or her position. C Site Directors are responsible for planning, implementing, and evaluating programs. D Site Directors will be considered Camp Health Officers. Duties will consist of, but not limited to: dispensing of medication and first aid, records management of incidences, emergencies, and camper’s health files. Sec. 9-19-9. Counselor Qualifications A Counselors will be Seasonal/Temporary employees of the Parks & Recreation Department. B Counselors working with children must be age 17 or older and have completed high school; however, each site will have at least one employee 18 years old or older present at all times. C Counselors should be able to consistently exhibit competency, good judgment, and self-control when working with children. D Counselors must relate to children with courtesy, respect, tolerance, and patience. E Counselors must have successfully completed a course in the First Aid and CP based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site and that personal shall successfully complete a First Aid and CPR course within two weeks of starting work. F Each Counselor must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date. G Counselors must pass a background investigation including testing for illegal substances. Page 6 TM 42282.2.000 Sec. 9-19-10. Counselor Responsibilities A Counselors will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B Counselors will be responsible to know and follow all City, Departmental, and Program standards, policies and procedures that apply to Coppell Parks and Recreation Youth Programs. C Counselors must ensure that participants are released only to an authorized parent or an authorized adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Counselor. Sec. 9-19-11. Training/Orientation A The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Recreation Service Supervisor will provide each Counselor and Site Director with a Program manual specific to the Youth Program. B Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C Program employees must be familiar with the Program’s policies including discipline, guidance, and release of participants as outlined in the Program Manual. D Program employees will be trained in appropriate procedures to handle emergencies by the Recreation Services Supervisor/professionals in the field. E Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F Program employees will be required to sign an acknowledgement that they received the required training. DIVISION 3. OPERATIONS Sec. 9-19-12. Staff-Participant Ratio A In a Coppell Youth Program, the standard ratio of participants to Counselors shall not exceed 20 to 1. In the event a Counselor is unable to report to the Program site, a replacement will be assigned. The camp director shall not be included in the supervisor to camper ratio in camps serving over 50 campers at a time. Page 7 TM 42282.2.000 B Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant’s habits, interests, and any special problems as identified by the participant’s parent(s) during the registration process. Sec. 9-19-13. Discipline A Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B There must be no cruel or harsh punishment or treatment. C Program employees may use brief, supervised separation from the group if necessary. D As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. Sec. 9-19-14. Programming A Program employees will attempt to provide activities for each group according to the participants’ ages, interests, and abilities. The activities must be appropriate to participants’ health, safety, and well being. The activities also must be flexible and promote the participants’ emotional, social, and mental growth. B Program employees will attempt to provide indoor and outdoor time periods that include: (1) Alternating active and passive activities, (2) Opportunity for individual and group activities, and (3) Outdoor time each day weather permits. Sec. 9-19-15. Communication A The Program site will have a mobile phone to allow the site to be contacted by Parks & Recreation personnel or for making emergency calls. Page 8 TM 42282.2.000 B The Site Director will post the following telephone numbers, listed in this subsection, adjacent to a mobile phone accessible to all Program employees at the site: (1) Coppell Ambulance or Emergency Medical Services; (2) Coppell Police Department; (3) Coppell Fire Department; (4) Coppell Independent School District campuses; (5) Numbers at which parents may be reached; and (6) The telephone number for the site itself. Sec. 9-19-16. Transportation A Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Site Director. B First Aid supplies and a First Aid and emergency care guide will be available in all Program vehicles that transport children. C All Program vehicles used for transporting participants must have available a 6- BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. DIVISION 4. FACILITY STANDARDS Sec. 9-19-17. Safety A Program employees will inspect the Program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Site Director. B Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C Program equipment and supplies must be safe for the participants’ use. D Program employees must have First Aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. Page 9 TM 42282.2.000 E Program air conditioners, electric fans, and heaters must be mounted out of participants’ reach or have safeguards that keep participants from being injured. F Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G All swing seats at the Program site must be constructed of durable, lightweight, relatively pliable material. H Program employees must have First Aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to First Aid and emergency care. I Restrooms will be inspected on a frequent basis to insure that no undesirable activity is occurring. Manual logs will be included with inspection reports indicated above to show that staff checks restrooms. Sec. 9-19-18. Fire A In case of fire, danger of fire, explosion, or other emergency, Program employees’ first priority is to evacuate the participants to a designated safe are. B The Program site will have an annual fire inspection by the local Coppell Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director of Parks & Recreation who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Director of Parks & Recreation annual report to the Council. C The Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Site Director, and a monthly report will be forwarded to the Recreation Manager who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguisher. D Fire drills will be initiated at Program sites based on the following schedule: (1) Summer Recreation Program: A fire drill twice during the session. Sec. 9-19-19. Health A Illness or Injury B A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. Page 10 TM 42282.2.000 C Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. D Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program Manual. E Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. F Program employees will administer medication only if: G Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. H Prescription medications are in the original containers labeled with the child’s name, a date, directions, and the physician’s name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. I Nonprescription medications are to be labeled with the child’s name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. J Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. The Program employees will administer no injections. K Program employees must ensure medications are inaccessible to participants, or if it is necessary to keep the medications in the refrigerator (when available), medications will be kept separate from food. L Toilet Facilities M The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. N There must be one flush toiled for every 15 females and 15 males. Urinals may be counted in the ratio of toilets for males, but they must not exceed 70% of the total number of toilets. O An appropriate and adequate number of lavatories will be provided. P Hand cleanser is required at all times. Page 11 TM 42282.2.000 Q Sanitation R The Program facilities must have adequate light, ventilations, and heat. S The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. T Program employees must see that garbage is removed from buildings daily. U Water Safety V An adult waterfront director shall be in charge of all waterfront activities. While waterfront activities are in progress, the waterfront director or an adult certified lifeguard assistant shall be in the immediate vicinity of the campers, supervising the program. W All campers’ swimming ability will be tested on their first fieldtrip to the pool. Children shall then be confined to the limits of swimming skills for which they have been classified.” SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. Page 12 TM 42282.2.000 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2010 APPROVED: ____________________________________ JAYNE PETERS, MAYOR ATTEST: ____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY Page 13 TM 42282.2.000 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Admin March 23, 2010 13 ✔ ORDINANCE Consider the approval of an ordinance establishing the city seal, logo and associated icons and typography as the official brand/logo for the City of Coppell, establishing the authorized and unauthorized use of the city logo, and authorizing the Mayor to sign. This ordinance establishes the city seal, logo and associated icons as the official brand and/or logo of the City of Coppell. Staff recommends approval. ! Establishing Official Logos - 1 AR.pdf MEMORANDUM TO: Mayor and City Council FROM: Sharon Logan, CIO DATE: March 17, 2010 REF: Establishment of Logos as Official Brand/Logo for the City The attached Ordinance, if passed, will establish the logos and combined typography and color schemes as the official brands/logos for the City of Coppell. Securing these marks provides the City with exclusive rights to prohibit unauthorized use. Council passed an Ordinance in October 2006 protecting the City logo. This Ordinance now includes uses of the city logo, as well as providing protection for other trademarks used by the City. Staff recommends approval. /sl ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING THE CITY SEAL, LOGO AND ASSOCIATED ICONS AND TYPOGRAPHY AS THE OFFICIAL BRAND/LOGO FOR THE CITY OF COPPELL, ESTABLISHING THE AUTHORIZED AND UNAUTHORIZED USE OF THE CITY LOGO; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS SECTION 1. That the City Council of the City of Coppell, Texas has established the City Seal, logo associated icons and typography as the official brand/logo for the City of Coppell, which is attached hereto and incorporated herein as Exhibit “A.” SECTION 2. A person commits an offense if he uses the official flag, seal, shield, logo, badge, or other insignia of the City or a department of the City or a facsimile of the flag, seal, shield, logo, badge, or other insignia of the city or a department of the City: (1) for commercial purposes; or (2) to signify or imply sponsorship or approval by an agency or department of the City. SECTION 3. An offense under this Article shall be deemed to be a misdemeanor and, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00) for each offense. SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas SECTION 6. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas SECTION 7. That this ordinance shall take effect immediately from and after its passage and publication as the law and charter in such cases provide. DULY PASSED by the City of Coppell City Council on the 23 day of March, 2010. APPROVED: ______________________________________ JAYNE P. PETERS, MAYOR ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/als)(69990) EXHIBIT A Established February 2000 Established February 2000 Established February 2000 Established January 2005 Established January 2005 Established August 2006 Established August 2006 Established February 2003 Established February 2003 Established February 2002 Established February 2002 Established February 2010 Established February 2010 Established February 2010 Established February 2010 TAGLINE Established March 2009 A Family Community For A Lifetime COLORS – City Logo Established February 2000 Pantone Matching System Official City Colors Coppell Blue - Pantone 2955 U Coppell Green – Pantone 4495 U TYPOGRAPHY – Official Typeface For City Logo Established February 2000 Copperplate Gothic 33BC Copperplate Gothic 32BC Times Roman Times Roman Bold Times Roman Italic Times Roman Bold Italic Futura Bold Futura Extra Bold Helvetica Helvetica Bold Edwardian Medium Established January 2009 Established January 2009 TYPOGRAPHY – Official Typeface For Rolling Oaks Memorial Center Established January 2009 Bitstream Goudy Handtooled Regular ITC Blair Medium COLORS – Rolling Oaks Mem Cntr Established January 2009 Pantone Matching System Official City Colors Coppell Blue - Pantone 2955 U Coppell Green – Pantone 4495 U Established March 2009 Established March 2009 TYPOGRAPHY AND COLORS For ecoCoppell Established March 2009 See Exhibit B EXHIBIT B City of Coppell ecoCoppell Logo Guidelines Clear Area and Size Requirements Minimum and maximum logo size should be established based upon the medium used. However, please plan for the required clear space around the logo to ensure a crisp, clean, “green” look. Clear area surrounding the logo should be equal to one/quarter of the height on the top and bottom and one/quarter of the width on the sides. Colors Color match by numbers, not by print or via monitor. Blue PMS 312 C C M Y K 94 0 11 0 R G B 0 173 208 Green PMS 368 C C M Y K 63 0 97 0 R G B 105 190 40 Proper Usage of the ecoCoppell logo Do not: Reverse Scale unevenly Tilt Reverse out of a box Do not add borders Use portions of the logo Use jpeg files for print Use gif file for web WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office March 23, 2010 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of an economic agreement between the City of Coppell and the Coppell Economic Development Foundation, Inc. for restoration of the Kirkland House in an amount not to exceed $85,000 and authorizing the Mayor to sign. The Coppell Economic Development Foundation, Inc. will be completing the restoration of the Kirkland House. The estimated cost to complete the improvements is $85,000. Funds for this agreement will be provided by Undesignated General Fund fund balance. Approve an economic agreement between the City of Coppell and the Coppell Economic Development Foundation, Inc. for restoration of the Kirkland House in an amount not to exceed $85,000 and authorize the Mayor to sign. !Kirkland House Contract - 1 AR MEMORANDUM TO: Mayor and City Council FROM: Mindi Hurley, Economic Development Coordinator DATE: March 23, 2010 REF: Consider approval of an economic agreement between the City of Coppell and the Coppell Economic Development Foundation, Inc. for restoration of the Kirkland House in an amount not to exceed $85,000 and authorizing the Mayor to sign. In Work Session on February 23, 2010, City Council was presented the remaining tasks and associated costs to complete the restoration of the Kirkland House. City Council directed staff to bring forward an agreement authorizing the funds to be granted to the Coppell Economic Development Foundation, Inc. to complete this project. This agreement authorizes an Economic Development Grant to the Coppell Economic Development Foundation, Inc. in an amount not to exceed $85,000, which is the amount necessary to complete the improvements. ECONOMIC AGREEMENT BY AND BETWEEN COPPELL ECONOMIC DEVELOPMENT FOUNDATION, INC. and THE CITY OF COPPELL, TEXAS This Economic Agreement is entered into by and among the COPPELL ECONOMIC DEVELOPMENT FOUNDATION, INC., a Texas non-profit corporation and is registered to do business in Texas (hereinafter referred to as “FOUNDATION”); and the CITY OF COPPELL, COPPELL, TEXAS (hereinafter called “CITY”); W I T N E S S E T H : WHEREAS, the FOUNDATION is in the process of restoring improvements to the real property in the Old Town Historical District (the “Property”) containing approximately 0.266 acres located at Bethel Road and South Coppell Road in the City of Coppell (“CITY”) and being more particularly described in Exhibit “A,” which is attached hereto and incorporated herein; and WHEREAS, the CITY has adopted programs for promoting economic development within the CITY; and WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 380.001 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the CITY; and WHEREAS, the CITY has determined that making an economic development grant to the FOUNDATION in accordance with this Agreement will further the objectives of the CITY, will benefit the CITY and the CITY’s inhabitants and will promote local economic development and stimulate business and commercial activity in the CITY and, in particular, the Old Town Historic District. NOW, THEREFORE, in consideration of the mutual promises, covenants, obligations, and benefits contained in this Agreement, CITY and FOUNDATION hereby agree as follows: ARTICLE I. DEFINITIONS 1.1 “CITY” and “FOUNDATION” shall have the meanings specified above. 1.2 “Agreement” shall mean this document by and among the CITY and FOUNDATION, which may be amended from time to time, pursuant to the provisions contained herein. 1.3 “Completion” shall mean construction of restoration of the historic Kirkland House (“Improvements”) on the Property, substantially in accordance with the Project Plan as certified by an official of CITY with responsibility for inspecting and certifying such improvements. 1.4 “Improvements” shall mean exterior and interior construction as set forth in Exhibit “B”, which is attached hereto and incorporated herein . _________________________________________________ ECONOMIC AGREEMENT - PAGE 2 TM 42575.2.3162010 1.5 “Project” shall have the meaning specified in paragraph 3.1 of this Agreement, and as more specifically detailed in the Project Plan may be amended from time to time. 1.6 “Project Commencement” shall mean the issuance of a development permit or permits to FOUNDATION for, and commencement of on-site construction of, the Project improvements. 1.7 “Property” shall mean the approximately 0.266 acres of real property more particularly described in Exhibit A. Singular and Plural: Words used herein in the singular, where the context so permits, also includes the plural and vice versa, unless otherwise specified. ARTICLE II. REPRESENTATIONS 2.1 CITY Authority. CITY represents to FOUNDATION that CITY, upon approval of the City Council of this Agreement, has the authority to carry obligations contemplated by this Agreement. 2.2 FOUNDATION Standing and Authority. FOUNDATION represents to CITY that FOUNDATION is an entity organized in the State of Texas who is authorized to do business in the State of Texas; that FOUNDATION has the authority to enter into this Agreement and to perform the requirements of this Agreement; that FOUNDATION’s performance under this Agreement shall not violate any applicable judgment, order, law or regulation; that FOUNDATION’s performance under this Agreement shall not result in the creation of any claim against CITY for money or performance, any lien, charge, encumbrance or security interest upon any asset of CITY; that FOUNDATION shall have sufficient capital to perform all of its obligations under this Agreement when it needs to have said capital; and that FOUNDATION has contract. 2.3 No Third Party Consents. CITY and FOUNDATION represent each to the others that the execution, delivery, and performance of this Agreement on its part does not require consent or approval of any person that has not been obtained except as provided herein. 2.4 Continuing Cooperation. CITY and FOUNDATION represent each to the other that each shall make every reasonable effort to expedite the performance of the obligations under this Agreement and acknowledge that the successful performance of this Agreement requires the continued cooperation of each. ARTICLE III. THE PROJECT 3.1 The Project. The Project shall constitute and include the restoration of the Kirkland House to be constructed by FOUNDATION within the Property. _________________________________________________ ECONOMIC AGREEMENT - PAGE 3 TM 42575.2.3162010 ARTICLE IV. DUTIES AND OBLIGATIONS OF FOUNDATION 4.1 Program Compliance. FOUNDATION shall comply with all applicable provisions of the Program. In the event of a conflict between the Program and this Agreement, the terms of this Agreement shall control. 4.2 Completion of Project. Subject to Article VI, FOUNDATION agrees to complete, or cause to be completed, the Project in accordance with the terms of this Agreement. FOUNDATION agrees to provide, or cause to be provided, all materials, labor, and services for completing the Project. FOUNDATION also agrees to obtain or cause to be obtained all necessary permits and approvals from CITY and/or all other governmental agencies having jurisdiction over the construction of improvements to the Property (and any adjacent property having utility easements granted to the CITY for public use). FOUNDATION agrees to cause the construction of the Infrastructural Improvements to be performed substantially in accordance with the approved plans and specifications. 4.3 Project Planning. FOUNDATION shall prepare, or cause to be prepared construction and restoration plans and specifications for the Improvements. FOUNDATION shall not commence any construction on the Project until the plans and specifications have been approved in writing by the appropriate department of CITY or other governmental entities, if any, having jurisdiction over such improvements.. For purposes of this Section 4.3, letters of certification or acceptance issued by the CITY or any affiliated utility entity shall constitute written approval of the CITY. 4.4 Project Costs Reporting. FOUNDATION shall submit a written report to CITY no later than ninety (90) days following the end of the fiscal year in which the construction of Infrastructural Improvements was completed, reflecting and itemizing all Project Costs. 4.5 Code Compliance. FOUNDATION shall comply with the CITY’s Development Code regarding the development of the Project, as in effect on the date of the approval of plans and specifications. 4.6 Approvals. CITY shall not unreasonably withhold approval on requests from FOUNDATION on matters under this Agreement. ARTICLE V. GRANTS TO FOUNDATION 5.1 Economic Development Grant. . The CITY shall make an annual economic development grant to pay for the restoration cost of the Project to the FOUNDATION in an amount not to exceed eighty-five thousand dollars ($85,000.00) for the Improvements provided on Exhibit B. 5.2 Building Permit Fees. The CITY, as part of this Agreement, shall waiver or rebate all building permit fees imposed for the construction of improvements in the Project to the FOUNDATION. _________________________________________________ ECONOMIC AGREEMENT - PAGE 4 TM 42575.2.3162010 ARTICLE VI. DEFAULT AND TERMINATION 6.1 Default by FOUNDATION. In the event that FOUNDATION fails to commence construction of the Project, fails to complete construction of the Project, or fails to perform any other obligation pursuant to the terms of this Agreement, CITY may terminate this Agreement if FOUNDATION does not take adequate steps to cure its default within thirty (30) calendar days after receiving written notice from CITY, or cure its non-monetary default within ninety (90) days after receiving written notice from CITY requesting the failure be cured. However, no default shall occur if FOUNDATION commences such performance to cure the default within the ninety (90) days and thereafter diligently pursues its completion. But, in the event that FOUNDATION is unable to ultimately cure such default (or otherwise satisfactorily resolve) and as the exclusive remedy of CITY, FOUNDATION shall not receive any further reimbursement payments under this Agreement for the construction of Infrastructural Improvements for any Phase under development at the time of the incurable default; EXCEPT that no refund is due if FOUNDATION, with CITY’s written consent, assigns its remaining obligations under this Agreement to a qualified party who is willing and capable of completing FOUNDATION’s obligations under this Agreement, pursuant to Article XI herein. 6.2 Failure to Furnish Project Documentation. Notwithstanding Section 6.1 above, in the event FOUNDATION fails to furnish CITY any documentation required in Article IV herein within thirty (30) business days following the written request for same, then FOUNDATION shall be in default of this Agreement. 6.3 Default. In the event that FOUNDATION is in default of this Agreement as provided in this section, the CITY’s obligation to pay any installment shall be suspended during such time of default. Further, if the FOUNDATION cannot perform during the term of this Agreement and this Agreement is terminated any remaining payments or installments under this Agreement shall be forfeited. ARTICLE VII. SITE INSPECTION FOUNDATION shall allow CITY and/or CITY reasonable access to the Property owned or controlled by FOUNDATION for inspections during and upon completion of construction of the Project and to documents and records necessary for CITY to assess FOUNDATION’s compliance with this Agreement. ARTICLE VIII. LIABILITY 8.1 Employee Compensation. As between CITY or any Participating Entity and FOUNDATION, FOUNDATION shall be solely responsible for compensation payable to any employee or contractor of FOUNDATION, and none of FOUNDATION’s employees or contractors will be deemed to be employees or contractors of CITY or any Participating Entity as a result of the Agreement. 8.2 Exculpation of CITY and CITY Employees. To the extent permitted by Texas law, no director, officer, employee or agent of CITY, CITY or of any other Participating Entity shall be personally responsible for any liability arising under or growing out of this Agreement. _________________________________________________ ECONOMIC AGREEMENT - PAGE 5 TM 42575.2.3162010 ARTICLE IX. EXAMINATION OF RECORDS 9.1 Right to Inspect Books and Records. CITY reserves the right to conduct examinations, during regular business hours and following notice to FOUNDATION by CITY, of the books and records related to this Agreement (including such items as contracts, correspondence, copy, books, accounts, billings and other information related to the performance of FOUNDATION’s services hereunder) no matter where books and records are located. CITY also reserves the right to perform any and all additional audit tests relating to FOUNDATION’s services, provided that such audit tests, conducted at times mutually agreeable to both CITY and FOUNDATION, are related to those services performed by FOUNDATION for CITY under this Agreement. These examinations shall be conducted at the offices maintained by FOUNDATION. 9.2 Preservation of Books and Records. All applicable records and accounts of FOUNDATION, together with all supporting documentation, shall be preserved in Dallas County, Texas, by FOUNDATION throughout the term of this Agreement and for twelve (12) months after the termination of this Agreement, then transferred, if requested by CITY, to CITY for retention. 9.3 Discrepancies. Should CITY discover errors in internal controls or in record keeping associated with the Project, FOUNDATION shall correct such discrepancies either upon discovery or within a reasonable period of time, not to exceed sixty (60) days after discovery, and notification by CITY to FOUNDATION of such discrepancies. ARTICLE X. NON-WAIVER 10.1 Amendments. Any provision of this Agreement may be amended or waived if done in writing and is signed by CITY, through a resolution passed and approved by its CITY Council, CITY, and FOUNDATION. 10.2 Course of Dealing. No course of dealing on the part of CITY or FOUNDATION nor any failure or delay by CITY or FOUNDATION in exercising any right, power, or privilege under this Agreement shall operate as a waiver of any right, power or privilege owing under this Agreement. ARTICLE XI. ASSIGNMENT 11.1 Binding Effect. All covenants and agreements contained herein by CITY shall bind their successors and assigns and shall inure to the benefit of FOUNDATION and their successors and assigns. 11.2 Assignments by CITY. CITY may not assign their rights and obligations under this Agreement to any governmental Entity without prior consent of FOUNDATION. 11.3 Assignments by FOUNDATION. (a) Prior to completion of the Project, FOUNDATION may sell or transfer its rights and obligations under this Agreement only with written consent of CITY, with such consent not _________________________________________________ ECONOMIC AGREEMENT - PAGE 6 TM 42575.2.3162010 being unreasonably withheld, conditioned, or delayed for any proposed assignment to a successor in title to any portion of the Project Area. This restriction on FOUNDATION’s rights to sell or transfer is subject to the right to assign as provided in Subsections (b) and (c) below. (b) Any restrictions herein on the transfer or assignment of FOUNDATION’s interest in this Agreement shall not apply to and shall not prevent the assignment of this Agreement to an affiliate as well as any corporation or other entity with which FOUNDATION may merge or consolidate or that may succeed to a controlling interest in the business of FOUNDATION or in which FOUNDATION owns more than a twenty percent (20%) equity interest; nor shall the foregoing apply to or prevent FOUNDATION from assigning the proceeds of this Agreement to a lending institution or other provider of capital in order to obtain financing for the Project. In no event, however, shall CITY be obligated in any way to the aforementioned financial institution or other provider of capital except as provided herein. This Article does not require FOUNDATION to obtain consent of CITY for the sale of land to FOUNDATIONs or sites to corporate users for the construction of retail or industrial facilities. (c) Each transfer or assignment to which there has been consent, pursuant to Subsection (a), shall be by instrument in writing, in form reasonably satisfactory to CITY, and shall be executed by the transferee or assignee who shall agree in writing for the benefit of CITY and CITY to be bound by and to perform the terms, covenants and conditions of this Agreement. Four (4) executed copies of such written instrument shall be delivered to CITY. Failure to first obtain in writing CITY’s consent, or failure to comply with the provisions herein contained, shall operate to prevent any such transfer or assignment from becoming effective. 11.4 Writing Required. Any work or services contracted herein shall be contracted only by written contract or agreement and, unless CITY grants specific waiver in writing, shall be subject by its terms, insofar as any obligation of CITY is concerned, to each and every provision of this Agreement. Compliance by FOUNDATION’s subcontractors with this Agreement shall be the responsibility of FOUNDATION’s general contractor. 11.5 Exculpation of CITY. CITY shall in no event be obligated to any third party, including any contractor or consultant of FOUNDATION, for performance of work or services under this Agreement. 11.6 Effect of Consent to Assignment. Should CITY approve the assignment or transfer of this Agreement, FOUNDATION shall be released from such duties and obligations. 11.7 No Waivers Implied. No provision of this Agreement shall be deemed to have been waived by CITY unless such waiver is in writing and is approved by City Council in the form of a duly passed resolution. ARTICLE XII. CONFLICT OF INTEREST CITY and FOUNDATION each warrant and certify, and this Agreement is made in reliance thereon, that they, their officers, employees and agents are neither officers nor employees of CITY. _________________________________________________ ECONOMIC AGREEMENT - PAGE 7 TM 42575.2.3162010 ARTICLE XIII. ENTIRE AGREEMENT 13.1 Final Agreement. This written Agreement, together with the Chapter 380 Agreement executed contemporaneously herewith, embodies the final and entire agreement between the parties hereto and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. 13.2 Exhibits. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that if there is a conflict between an exhibit and a provision of this Agreement, the provision of this Agreement shall prevail over the exhibit. ARTICLE XIV. CHANGES AND AMENDMENTS 14.1 Writing Required. Except when the terms of this Agreement expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall be by amendment in writing executed by CITY and FOUNDATION and evidenced by passage, if required, of a subsequent resolution of the CITY Council of CITY, as to CITY’s approval. 14.2 Changes in Applicable Laws. It is understood and agreed by the parties hereto that changes in local, state and federal rules, regulations or laws applicable to CITY and FOUNDATION’s services hereunder (“Applicable Laws”) may occur during the term of this Agreement and that any such changes shall be automatically incorporated into this Agreement without written amendment hereto and shall become a part hereof as of the effective date of the rule, regulation or law. No retroactive measures will be required for completed work or services performed in accordance with known Applicable Laws. ARTICLE XV. SEVERABILITY If any clause or provision of this Agreement is held invalid, illegal or unenforceable under present or future federal, state or local laws, including but not limited to the charter, code, or ordinances of CITY or CITY, then and in that event it is the intent of the parties hereto that such invalidity, illegality or unenforceability shall not affect any other clause or provision hereof and that the remainder of this Agreement shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein. It is also the intent of the parties hereto that in lieu of each clause or provision of this Agreement that is invalid, illegal, or unenforceable, there be added as a part of the Agreement a similar clause or provision as may be possible, legal, valid and enforceable. ARTICLE XVI. INDEPENDENT CONTRACTORS 16.1 No Agency. It is expressly understood and agreed by all parties hereto that in performing their services hereunder, FOUNDATION at no time will be acting as agent of the CITY and that all consultants or contractors engaged by FOUNDATION shall be independent contractors of FOUNDATION. The parties hereto understand and agree that CITY shall not be liable for any claims that may be asserted by any third party occurring in connection with _________________________________________________ ECONOMIC AGREEMENT - PAGE 8 TM 42575.2.3162010 services performed by FOUNDATION under this Agreement unless any such claims are due to the fault of the CITY. 16.2 Limit on Authority. The parties hereto further understand and agree that no party has authority to bind the others or to hold out to third parties that it has the authority to bind the others. ARTICLE XVII. LEGAL AUTHORITY Each persons executing this Agreement on behalf of the CITY and FOUNDATION, represents, warrants, assures and guarantees that he has full legal authority to (i) execute this Agreement on behalf of CITY and/or FOUNDATION, respectfully, and (ii) to bind CITY and/or FOUNDATION to all of the terms, conditions, provisions and obligations herein contained. ARTICLE XVIII. VENUE AND GOVERNING LAW 18.1 Choice of Law. THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 18.2 Venue. Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement shall be heard and determined in Dallas County, Texas. ARTICLE XIX. TAXES AND PERMITS FOUNDATION shall pay, on or before their respective due dates, to the appropriate collecting authority all Federal, State, and local taxes that are now or may hereafter be levied upon the Property or upon FOUNDATION or the business conducted on the Property, or upon any of FOUNDATION’s property used in connection therewith, including employment taxes; and FOUNDATION shall maintain in current status all Federal, State, and local licenses and permits normally required for the operation of the business conducted by FOUNDATION. ARTICLE XX. PARTIES’ REPRESENTATION This Agreement has been jointly negotiated by the CITY and FOUNDATION and shall not be construed against a party because that party may have primarily assumed responsibility for the drafting of this Agreement. ARTICLE XXI. NOTICE 21.1 Addresses. Any notice sent under this Agreement shall be written and mailed with sufficient postage, sent by certified mail, return receipt requested, documented facsimile or delivered personally to an officer of the receiving party at the following addresses: _________________________________________________ ECONOMIC AGREEMENT - PAGE 9 TM 42575.2.3162010 CITY City of Coppell 255 Parkway Boulevard P. O. Box 9478 Coppell, Texas 75019 Attn: Jayne Peters, Mayor With copy to: Robert E. Hager, City Attorney Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 FAX: (214) 965-0010 FOUNDATION Coppell Economic Development Foundation 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 Attn: Clay Phillips, President 21.2 Delivery. Each party may change its address by written notice in accordance with this Article. Any communication delivered by facsimile transmission shall be deemed delivered when receipt of such transmission is received if such receipt is during normal business hours or the next business day if such receipt is after normal business hours. Any communication so delivered in person shall be deemed received when receipted for by or actually received by an officer of the party to whom the communication is properly addressed. All notices, requests or consents under this Contract shall be (a) in writing, (b) delivered to a principal officer or managing entity of the recipient in person, by courier or mail or by facsimile, telegram, telex, cablegram or similar transmission, and (c) effective two days following deposit in the U.S. Mail, postage paid, registered or certified, return receipt requested, properly addressed to the addressee, of effective upon confirmed facsimile transmission to the addressee at the facsimile number provided herein. Whenever any notice is required to be given by applicable law or this Contract, a written waiver thereof, signed by the person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Each party shall have the right from time to time and at any time to change its address by giving at least 15 days’ written notice to the other party. ARTICLE XXII. CAPTIONS All captions used herein are only for the convenience of reference and shall not be construed to have any effect or meaning as to the agreement between the parties hereto. _________________________________________________ ECONOMIC AGREEMENT - PAGE 10 TM 42575.2.3162010 ARTICLE XXIII. TERM The term of this Agreement shall commence on _____________, 2010 and end on the date which is the earlier to occur of the following: (i) the date FOUNDATION receives the final reimbursement payment by CITY for Project Costs; or (ii) the date this Agreement is terminated as provided in Article VI; provided that any existing warranties on the Project shall survive, if applicable, termination of this Agreement. (THIS PORTION LEFT BLANK INTENTIONALLY - SIGNATURE PAGES TO FOLLOW) IN WITNESS THEREOF, the parties hereto have caused this instrument to be duly executed this _____ day of_________, 2010. CITY: CITY OF COPPELL, TEXAS, A home rule municipality By: Name: Jayne Peters Title: Mayor APPROVED AS TO FORM: Name: Robert E. Hager, City Attorney FOUNDATION: COPPELL ECONOMIC DEVELOPMENT FOUNDATION, INC. a Texas non-profit corporation By: Name: Clay Phillips Title: President Economic Agreement Exhibit A EXHIBIT A PROPERTY Economic Agreement Exhibit B EXHIBIT B PROJECT PLAN AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: 15 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: 16 MAYOR AND COUNCIL REPORTS A. Report by Mayor Peters regarding the Egg Hunt on April 34d, 11:00 a.m. at Wagon Wheel Park. B. Report by Mayor Peters regarding Clean Coppell from Saturday, April 10th through Saturday April 24th. C. Report by Councilmembers Faught and Brancheau regarding the Senior/Community Center. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: 17 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: 18 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters and Hunt. E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau F. Metrocrest Hospital Authority – Councilmember Tunnell. G. Metrocrest Medical Foundation – Mahalik. H. Metrocrest Medical Services – Hinojosa-Flores. I. Metrocrest Social Services – Franklin. J. North Texas Council of Governments – Tunnell. K. North Texas Commission – Hunt. L. Senior Adult Services – Franklin. Agenda Request Form - Revised 11/09 Document Name: %ccommreport AGENDA REQUEST FORM DATE: March 23, 2010 ITEM #: 19 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: March 23, 2010 Department Submissions: Item No. 12 was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 10 and 11 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)