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CP 2011-02-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA FEBRUARY 22, 2011 DOUG STOVER BOB MAHALIK, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 KAREN HUNT, Place 7 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 6:00 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, February 22, 2011, at 6:00 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. ag022211 Page 1 of 4 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation Regarding Updated Regulations for Interactive Water Features and Fountains. B. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of a proclamation recognizing Mitu Bhattatiry, a senior at Coppell High School, as a recipient of the 2010 Siemens Awards for Advanced Placement, and authorizing the Mayor to sign. 8. Citizens' Appearances. 9. Consider approval of minutes: February 8, 2011. 10. Consider approval of an Ordinance amending Ordinance No. 2010-1254, which established the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, provided incentives, designated a liaison for communication with interested parties, and nominated The Container Store to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, by adding the date of the public hearing; providing for an effective date, and authorizing the Mayor to sign. ag022211 Page 2 of 4 ITEM # ITEM DESCRIPTION 11. Consider approval of a Resolution requesting improvements to Interstate 35 East as designed by the Texas Department of Transportation to be fully funded and implemented for the full project length from Interstate Highway 635 in Dallas County to U.S. Highway 380 in Denton County; and authorizing the Mayor to sign. 12. Consider approval of a License Agreement between the City of Coppell and Luis and Michelle Pajares, owner of 256 Bethel Road to allow the property owner to construct a stone veneer on a city-owned barrier wall within the right of way of Bethel Road; and authorizing the City Manager to sign and execute any necessary documents. 13. Consider approval of renewing the existing contract for “Sidewalk Pavement Repairs” with California Construction LLC in the amount of $150,000.00, as provided for in the IMF; and authorizing the City Manager to sign and execute any necessary documents. 14. Consider approval of an ordinance amending Ordinance 2010-1251 of the Code of Ordinances Chapter 2, "Boards and Commissions", Article 2-1, "Library Board", Section 2-1-3, "Officers", and Article 2-2, "Parks and Recreation Board", Section 2-2-3, "Officers", by amending subsection A in each article by deleting the words “each October” and replacing with the word “annually;” providing for an effective date, and authorizing the Mayor to sign. 15. City Manager's Report. A. Project Update and Future Agendas. 16. Mayor and Council Reports. A. Discussion Regarding Recent Legislative Trip to Austin. 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 –Hunt. E. International Council for Local Environmental Initiatives (ICLEI) – Brancheau. F. Metrocrest Hospital Authority – Tunnell. G. Metrocrest Medical Foundation – Mahalik. ag022211 Page 3 of 4 ITEM # ITEM DESCRIPTION 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. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 18th day of February, 2011, at __________________. ____________________________________ Christel Pettinos, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag022211 Page 4 of 4 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: February 22 2011 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: February 22, 2011 ITEM #: ES-3 WORK SESSION A. Presentation Regarding Updated Regulations for Interactive Water Features and Fountains. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn PARKS AND RECREATION DEPARTMENT ENVIRONMENTAL HEALTH DIVISION Interoffice Memorandum TO: Mayor and City Council FROM: Perri Kittles, Environmental Health Officer VIA: Brad Reid, Director of Parks and Recreation DATE: February 22, 2011 SUBJECT: Discussion regarding the proposed adoption of minimum standards for Public Interactive Water Features and Fountains Background: The Department of State Health Services has added a section under Chapter 265 General Sanitation to address minimum sanitation requirements for Public Interactive Water Features and Fountains. Therefore, staff is proposing to add Chapter 265 Subchapter M 265.301 – 265.308 to the existing Standards for Swimming pools and Spas by amending Section 9-18-1 of the Code of Ordinances. These standards address: Operation and Maintenance, Water Supply and Wastewater Disposal, Circulation and Disinfection Systems, Water Quality, Inspection and Permitting, and Closure. Major Differences in the existing Pool and Spa Standards and the Public Interactive Water Features (PIWF) and Fountain Standards are: Signage – Warning and notification signs shall be posted at the entrance of all PIWF, or where the signs are clearly visible to users entering the PIWF area before contact with water occurs. The signage shall provide the following notifications and warnings in letters at least 2 inches in height: (1) “Non-Service Animals prohibited”; (2) “Changing Diapers Within 6 Feet Of The Water Feature is Prohibited”; (3) “Use Of The Water Feature If Ill With A Contagious Disease is Prohibited”; (4) “Do Not Drink Water From The Water Feature”; and (5) “Use Of The Water Feature When Ill With Diarrhea is Prohibited.” Definition of Contagious Disease – a subset category of infectious (or communicable diseases), which are easily transmitted by physical contact with the person suffering the disease, or by their secretions or objects touched. (Measles, Mumps, Flu, Strep throat, Cryptosporidiosis, Giardiasis) Public Interactive Water Features and Fountains shall be equipped with a supplemental water treatment system that will protect the public against infection by the parasite, Cryptosporidium. (1) Supplemental water treatment systems for a PIWF include: (A) UV light disinfection installed after filtration; (B) Ozone; (C) A NSF/ANSI-50 product, combination of products, or process to control Cryptosporidium; or (D) Weekly hyperchlorination following the Center for Disease Control’s Recommendations; or (E) An equivalent product, process, or system approved by the department. One of the main concerns addressed in the new standards for PIWF is the constant threat of Cryptosporidium (or “Crypto”). Crypto is a chlorine resistant parasite, so even well- maintained Pools and PIWF can spread Crypto among swimmers. These new standards address putting equipment and sanitation practices in place to minimize the incidence of disease. Council Action requested There is no action requested at this time. A change to the ordinance regulating Standards for Swimming Pools and Spas will be forthcoming in the next few weeks. This presentation is for information purposes only. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager February 22, 2011 7 ✔ PROCLAMATION Consider approval of a proclamation recognizing Mitu Bhattatiry, a senior at Coppell High School, as a recipient of the 2010 Siemens Awards for Advanced Placement, and authorizing the Mayor to sign. Staff recommends approval. !CISD STEM - 1 AR PROCLAMATION WHEREAS, Mitu Bhattatiry, a senior at Coppell High School, is being honored as the recipient of the 2010 Siemens Award for Advanced Placement; and WHEREAS, established in 1998, the Siemens Award for Advanced Placement is a signature program of the Siemens Foundation administered by the College Board, a mission-driven not-for-profit organization that connects students to college success and opportunity; and WHEREAS, the awards recognize up to 100 of America’s top achievers who excel in AP science and mathematics courses with a $2,000 college scholarship to one female and one male student in each state; and WHEREAS, these students lead the nation in performance on AP math and science courses and Mitu Bhattatiry has taken a total of 23 AP courses to date; and WHEREAS, Mitu Bhattatiry has earned the high regard of her teachers and peers for her commitment to her studies in her AP courses, as well as her participation in International Genetically Engineered Machine Competition and MathCounts; and WHEREAS, Mitu plans to study bioengineering and economics in college and aspires to be a physician. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, on behalf of the City Council, hereby recognizes Mitu Bhattatiry as the recipient of the 2010 Siemens Award for Advanced Placement, commends her record of outstanding accomplishment and leadership, and extends best wishes for continued happiness and success in life. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of February 2011. ______________________________________________ Douglas N. Stover, Mayor ATTEST: _________________________ Christel Pettinos, City Secretary AGENDA REQUEST FORM DATE: February 22, 2011 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 February 22, 2011 9 ✔ PROCEDURAL Consider approval of minutes: February 8, 2011. Minutes of the City Council meeting held on February 8, 2011. Staff recommends approval. %minutes MINUTES OF FEBRUARY 8, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, February 8, 2011, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Karen Hunt, Councilmember Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. Councilmember Hinojosa-Flores arrived prior to convening Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. cm020811 Page 1 of 7 Mayor Stover convened into Executive Session at 5:59 p.m. Mayor Stover adjourned the Executive Session at 6:43 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Household Hazardous Waste Disposal. B. Discussion Regarding the Sign Ordinance Amendment. C. Discussion Regarding Joint CISD and City Field Usage. D. Discussion of Agenda Items. Mayor Stover recessed the Work Session and opened the Regular Session. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson from Hackberry Creek Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Citizens' Appearances. Mayor Stover advised that no one signed up to speak. 8. Presentation of an award to the Coppell Parks and Recreation Department for a national accreditation through the Commission for Accreditation of Park and Recreation Agency(CAPRA). cm020811 Page 2 of 7 Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. Dana Conklin presented the CAPRA award to Mayor Stover, Brad Reid, and the Parks Department. Greg Garcia, President of CRDC and the Parks and Recreation Board, addressed Council. 9. Consider approval of a proclamation naming the week of February 20-26, 2011 as Severe Weather Awareness Week and authorizing Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Chief Kevin Richardson. Action: Councilmember Tunnell moved to approve the proclamation naming the week of February 20-26, 2011 as Severe Weather Awareness Week, and authorizing the Mayor to sign. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 10. Consider approval of minutes: January 18, 2011 and January 25, 2011. Action: Councilmember Tunnell moved to approve the minutes for January 18, 2011 and January 25, 2011. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. cm020811 Page 3 of 7 11. Consider approval of a resolution to suspend the proposed increase in rates requested by Oncor Electric Delivery Company, providing that the rates of the said company be suspended, providing for notice hereof to said company and authorizing the Mayor to sign. Presentation: Chad Beach, Assistant Finance Director, made a presentation to Council. Action: Councilmember Tunnell moved to approve Resolution No. 2011-0208.1 to suspend the proposed increase in rates requested by Oncor Electric Delivery Company, providing that the rates of the said company be suspended, providing for notice hereof to said company and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 12. Consider approval of an amendment to the Sign Ordinance prohibiting handheld signs and inflatable signs, providing an effective date, and authorizing the Mayor to sign. Presentation: Michael Arrellano, Chief Building Official, made a presentation to Council. Action: Councilmember Franklin moved to approve Ordinance No. 2011-1271 to amend the Sign Ordinance prohibiting handheld signs and inflatable signs, providing an effective date, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 6-1 with Mayor Pro Tem Mahalik and Councilmembers Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion and Councilmember Brancheau voting against the motion. cm020811 Page 4 of 7 13. Consider approval of an addendum to the Construction Manager at Risk Agreement with EMJ Construction, to establish the guaranteed maximum price of $5,779,028.00, for the expansion of the Aquatics and Recreation Center; and authorizing the President of the CRDC and the City Manager to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. Steven Springs, Contractor, made a presentation to Council. Action: Councilmember Brancheau moved to approve an addendum to the Construction Manager at Risk Agreement with EMJ Construction, to establish the guaranteed maximum price of $5,779,028.00, for the expansion of the Aquatics and Recreation Center; and authorizing the President of the CRDC and the City Manager to sign. Mayor Pro Tem Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 14. Consider approval of a Change Order to the Fire Department Apparatus purchase in the amount of $49,998 for improvement items that have been recommended during the construction of the apparatus, and authorizing the City Manager to sign. Presentation: Kevin Richardson, Fire Chief, made a presentation to Council. Action: Councilmember Faught moved to approve a Change Order to the Fire Department Apparatus purchase in the amount of $49,998 for improvement items that have been recommended during the construction of the apparatus, and authorizing the City Manager to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers cm020811 Page 5 of 7 Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 15. Consider approval of a resolution calling the Regular Municipal Election for Councilmembers Place 1, 3, 5 and 7 for Saturday, May 14, 2011; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. A considerarse la aprobación de una resolución para convocar a Elecciones Municipales habituales el día sábado 14 de mayo de 2011 para elegir a los Concejales que ocuparán los escaños 1, 3, 5 y 7; autorizar al Regente de la Ciudad a convenir y firmar un Convenio de Elecciones Conjuntas y un Contrato de Servicios Electorales con el Departamento Electoral del Condado de Dallas y llevar a cabo las Elecciones Municipales, así como autorizar a que el Alcalde inscriba su firma. Action: Councilmember Tunnell moved to approve Resolution No. 2011-0208.2 calling the Regular Municipal Election for Councilmembers Place 1, 3, 5 and 7 for Saturday, May 14, 2011; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. Mayor Pro Tem Mahalik, seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers, Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 16. City Manager's Report. A. Project Update and Future Agendas. City Manager Clay Phillips reported that the power poles along South Belt Line Road are going to be replaced. cm020811 Page 6 of 7 17. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. Nothing to report. 18. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. At this time, Mayor Stover reconvened into Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion of Household Hazardous Waste Disposal. B. Discussion Regarding the Sign Ordinance Amendment. C. Discussion Regarding Joint CISD and City Field Usage. D. Discussion of Agenda Items. 19. Necessary action resulting from Executive Session. Nothing to report. Adjournment. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary cm020811 Page 7 of 7 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 February 22, 2011 10 ✔ ORDINANCE Consider approval of an Ordinance amending Ordinance No. 2010-1254, which established the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, provided incentives, designated a liaison for communication with interested parties, and nominated The Container Store to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, by adding the date of the public hearing; providing for an effective date, and authorizing the Mayor to sign. City Council held a public hearing on August 10, 2010. In order for The Container Store to complete the enterprise project with the State, the City of Coppell must pass an ordinance including the date of the public hearing. This ordinance fulfills that requirement. Approve of an Ordinance amending Ordinance No. 2010-1254, which established the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing a public hearing date for August 10, 2010, and authorizing the Mayor to sign. !Container Store Ord - 1 AR MEMO Date: February 22, 2011 From: Mindi Hurley, Economic Development Coord. RE: The Container Store Enterprise Zone – Ordinance City Council approved Ordinance No. 2010-1254 on August 10, 2010. The Ordinance declared certain property within the City as an Enterprise Zone pursuant to the Texas Enterprise Zone Act, Chapter 2303, nominated The Container Store, Inc. as the nominee for qualification, established terms and conditions of qualification for the Enterprise Zone designation, provided for a liaison, provided for an annual report, provided for identification and summary for local incentives available for the business enterprise and provided for an effective date. However, the ordinance did not include the date that the public hearing was held (August 10, 2010), and the State has requested an amended ordinance that lists that date in the body of the ordinance. This ordinance amends Ordinance No. 2010-1254 to include the date of the public hearing in the body of the ordinance. This ordinance needs to be approved as part of the application process for The Container Store, Inc. to be nominated for qualification. The Container Store is seeking participation in the Texas Enterprise Zone program by receiving an enterprise project designation. The Enterprise Zone program is a State program and has no impact on the City of Coppell’s revenues. The program was created at the State level to foster the growth of new jobs, but it can also be used as a retention tool. Companies designated as an Enterprise Zone receive rebates of the State’s portion of sales and use tax equal to $2,500 per employee for a period of five years. For a company to qualify for the program, it must meet certain requirements and be nominated for the program by the local government in which the business resides. Requirements to be approved as an Enterprise Zone: -The company must be designated by the local government in which the business resides as a qualified Enterprise Zone. -A public hearing must be held. -The company must have a minimum of $5M in capital investment over the five-year period. -The company must maintain existing employment levels for the 5-year period. The company, working with the local government, must complete the State application process and file the application with the Office of the Governor. The State only accepts applications quarterly. The original application was filed prior to September 1, 2010, and the steps being taken now are only corrections to the original application requested by the State. Page 1 TM 44653.2.8310 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, DECLARING CERTAIN PROPERTY WITHIN THE CITY AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), NOMINATING THE CONTAINER STORE, INC. AS THE NOMINEE FOR QUALIFICATION; ESTABLISHING TERMS AND CONDITIONS OF QUALIFICATION FOR ENTERPRISE ZONE DESIGNATION; PROVIDING FOR A LIAISON; PROVIDING FOR AN ANNUAL REPORT; PROVIDING FOR IDENTIFICATION AND SUMMARY FOR LOCAL INCENTIVES AVAILABLE FOR THE BUSINESS ENTERPRISE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Texas by adoption of Chapter 2303.001, et seq., of the TEXAS GOVERNMENT CODE has provided for the designation of certain businesses to qualify for an enterprise zone for purposes of state sales tax rebate; and WHEREAS, the City of Coppell, Texas, has designate certain local incentives as available to business enterprises for retention of the business enterprise within its corporate limits; and WHEREAS, The Container Store, Inc. desires to avail itself of the opportunity to make application for and be a nominee for the purposes of sales tax rebate under the program designated under said section of the TEXAS GOVERNMENT CODE; and WHEREAS, the required public hearing has been held in accordance with state law; and WHEREAS, the location of the nominee’s business qualifies as a business site; and WHEREAS, state law does not prohibit such business from qualifying and the City has, by the adoption of this ordinance, its first designation as an enterprise zone under said statute; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The City nominates The Container Store, Inc., 500 Freeport Parkway, Coppell, Texas 75019, for enterprise project status. SECTION 2. The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business: (a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated Page 2 TM 44653.2.8310 enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Coppell Tax Abatement Policy, and with qualified employee being defined by the Act. (b) The City may provide regulatory relief to businesses, including: (1) zoning changes or variances; (2) exemptions from unnecessary building code requirements, impact fees, or inspection fees; or (3) streamlined permitting. (c) The City may provide enhanced municipal services to businesses, including: (1) improved police and fire protection; (2) institution of community crime prevention programs; or (3) special public transportation routes or reduced fares. (d) The City may provide improvements in community facilities, including: (1) capital improvements in water and sewer facilities; (2) road repair; or (3) creation or improvement of parks. (e) The City may provide improvements to housing, including: (1) low-interest loans for housing rehabilitation, improvement, or new construction; or (2) transfer of abandoned housing to individuals or community groups. (f) The City may provide business and industrial development services, including: (1) low-interest loans for business; (2) use of surplus school buildings or other underutilized publicly owned facilities as small business incubators; (3) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; (4) creation of special one-stop permitting and problem resolution centers or ombudsmen; or (5) promotion and marketing services. (g) The City may provide job training and employment services to businesses, including: (1) retraining programs; (2) literacy and employment skills programs; (3) vocational education; or (4) customized job training. Page 3 TM 44653.2.8310 SECTION 3. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. SECTION 4. The City of Coppell City Council directs and designates its City Manager, or designee, as the City’s liaison to communicate and negotiate with the Office of the Governor Economic Development & Tourism (“EDT”) through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. SECTION 5. The City finds that The Container Store, Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a) The Container Store, Inc. is a “qualified business” under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body’s jurisdiction, located outside of an enterprise zone, and at least thirty-five percent (35%) of the business’ new employees will be residents of an enterprise zone or economically disadvantaged individuals; and (b) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and (c) The designation of The Container Store, Inc. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. SECTION 6. The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on September 1, 2015. SECTION 7. This ordinance shall take effect from and after its passage as the law and charter in such case provides. DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE ____ DAY OF _____________, 2010. APPROVED: Page 4 TM 44653.2.8310 BOB MAHALIK, MAYOR PRO TEM ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE 2010-1254 BY ADDING THE DATE OF THE PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Coppell has passed and adopted Ordinance Number 2010-1254; and WHEREAS, The City desires to amend Ordinance Number 2010-1254 by adding the date of the public hearing, August 10, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT; Ordinance Number 2010-1254 be amended to read as follows: … The Container Store, Inc. desires to avail itself of the opportunity to make application for and be a nominee for the purposes of sales tax rebate under the program designated under said section of the Texas Government Code, and The required public hearing has been held on August 10, 2010 in accordance with state law … SECTION 1. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or 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 2. This ordinance shall take effect from and after its passage as the law and charter in such case provides. DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE ____ DAY OF _____________, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY Page 1 TM 44653.2.8310 APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) Page 2 TM 44653.2.8310 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager February 22, 2010 11 ✔ RESOLUTION Consider approval of a Resolution requesting improvements to Interstate 35 East as designed by the Texas Department of Transportation to be fully funded and implemented for the full project length from Interstate Highway 635 in Dallas County to U.S. Highway 380 in Denton County; and authorizing the Mayor to sign. Staff recommends approval. !I35E Resolution - 1 AR RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, REQUESTING IMPROVEMENTS TO INTERSTATE 35 EAST AS DESIGNED BY THE TEXAS DEPARTMENT OF TRANSPORTATION TO BE FULLY FUNDED AND IMPLEMENTED FOR THE FULL PROJECT LENGTH FROM INTERSTATE HIGHWAY 635 IN DALLAS COUNTY TO U.S. HIGHWAY 380 IN DENTON COUNTY. WHEREAS, the interstate highway system in Texas has a positive economic impact and Interstate Highway 35 in particular has become one of the nation’s most important interstate routes due to international trade and commerce; and WHEREAS, traffic volume has increased geometrically as cities along Interstate 35 grew and became economic centers of national importance; and WHEREAS, Interstate Highway 35 East (I-35E) has been designated as an international trade route for commerce known as the NAFTA Superhighway; and WHEREAS, Interstate 35 was an original Interstate Highway and approved by the Texas State Highway Commission in 1962 that was 492 miles in length; and WHEREAS, Interstate 35 has been designated by the United States Congress as a National High Priority Corridor – Corridor 23; and WHEREAS, the segment of I-35E from Interstate Highway 635 in Dallas to U.S. Highway 380 in Denton is approximately 28 miles in length with average daily vehicle count of between 175,000 and 200,000 vehicles per day; and WHEREAS, the 2030 traffic projections show traffic will exceed 330,000 vehicles per day in the most congested areas of I-35E; and WHEREAS, the use of managed toll lanes on I-35E has already been authorized by the Federal Highway Administration (“FHWA”) through approval of an Express Lane Demonstration Program entered into between TxDOT and FHWA on September 20, 2009; and WHEREAS, the current Design Schematics and Interstate Access Justification for I-35E were approved by FHWA on October 28, 2009; and WHEREAS, the current design plans for I-35E provides for the construction of four general purpose lanes and three access road lanes in each direction, which combined a total of fourteen (14) lanes, for which no toll will be assessed; and WHEREAS, the capacity for the I-35E general purpose lanes and access lanes will be enhanced with the inclusion of two managed toll lanes in each direction where the managed lanes are a critical component to obtain financing necessary to complete development of the project; and WHEREAS, there has been significant public involvement during the development of the I- 35E design process, including multiple public meetings and forums; and WHEREAS, TxDOT has over the past ten years worked closely with local elected officials, stakeholders, and communities of interest along I-35 on the planned improvements; and WHEREAS, the total cost of the project which is divided into three segments covering 28 miles, is projected to be $4.4 billion; and WHEREAS, Denton County has pledged its Regional Toll Revenue in the amount of $535 million, in addition to voter approved County Road Bond funds in the amount of $55 million, to help finance the completion of the entire I-35E project; and WHEREAS, local officials understand the need for and support the inclusion of managed lanes in the congested I-35E corridor; and WHEREAS, the completion of I-35E with the “pay as you go” appropriation method utilizing motor fuel tax revenue could delay implementation of the project for an additional 20-30 years; and WHEREAS, staged construction of I-35E, utilizing innovative financing mechanisms, including Public Private Partnerships remains the only viable alternative to complete the construction if I-35E within a time horizon of 5-7 years; and WHEREAS, I-35E public hearings are scheduled for the Fall of 2010 with environmental clearance and the issuance of a Finding of No Significant Impact expected in the first quarter of 2011. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Coppell, Texas does hereby: Section 1. Supports the proposed TxDOT schematic and design of Interstate Highway 35 East from Interstate Highway 635 to U.S. State Highway 380, which incorporates managed toll lanes. Section 2. Supports the authorization of innovative funding concepts, public private partnerships and other funding alternatives which can be implemented by reauthorizing TxDOT to enter into contracts with private sector partners to complete I-35E, as designed, in 5-7 years. Section 3. Joins with the other political subdivisions adjacent to and along the I-35E corridor to request and support the statutory authority for TxDOT to enter into public private partnerships, as previously authorized by statute, for the purpose of seeking competitive proposals and awarding the construction of the designed improvements for I-35E. Section 4. Supports the expedited consideration of reauthorization for TxDOT to enter into public private partnerships with an effective date in the first quarter of calendar year 2011 to facilitate an early issuance of requests for proposals to accelerate the initiation of the needed improvements for I-35E. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the 22nd day of February, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering February 22, 2011 12 ✔ CONTRACT/BID or PROPOSAL Consider approval of a License Agreement between the City of Coppell and Luis and Michelle Pajares, owner of 256 Bethel Road to allow the property owner to construct a stone veneer on a City owned barrier wall within the right of way of Bethel Road; and authorizing the City Manager to sign and execute any necessary documents. The License Agreement will allow the property owner to fund, construct, and maintain a stone veneer on an existing City owned barrier wall within the right of way of Bethel Road. Staff will be available to answer any questions. Staff recommends approval of this agreement with Luis and Michelle Pajares. License Agreement Pajares-1 AR MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E. Director of Engineering/Public Works FROM: Keith Marvin P.E., Project Engineer DATE: February 22, 2011 RE: Consider approval of a License Agreement between the City of Coppell and Luis and Michelle Pajares, owner of 256 Bethel Road to allow the property owner to construct a stone veneer on a City owned barrier wall within the right of way of Bethel Road; and authorizing the City Manager to sign and execute any necessary documents. Mr. and Mrs. Pajares, the owners of 256 W. Bethel Road, are requesting to construct a stone veneer on an existing barrier wall within the City of Coppell right-of-way. The License Agreement will be for the use of the right-of-way and the maintenance of the wall by Mr. and Mrs. Pajares. During the construction of Bethel Road we have had conversations with the adjacent property owners about appearance of the completed project. In the case of Mr. Pajares, he has requested that we allow him to construct a stone veneer on the portion of the wall adjacent to his property. This will help to screen his property more than the open bridge rail concept used for the balance of the wall. The stone veneer will match the existing screening wall in front of his new house. This License Agreement will allow Mr. Pajares to construct the stone veneer in accordance with the attached exhibits. The property owner will be responsible for the maintenance of the stone veneer. In the event of damage to the barrier wall, the city will have the responsibility for structural repairs, and if Mr. Pajares desires to reinstall the stone veneer, that will be his responsibility. Staff recommends approval of the License Agreement between the City of Coppell and Luis and Michelle Pajares, and will be available to answer questions at the Council meeting. Proposed License Agreement,256 W Bethel Road.City of CoppellCreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg\BETHEL 256Created on: 2 February 2011 by Scott Latta1/21 ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between the City of Coppell, Texas (hereinafter referred to as “CITY”) and Luis & Michelle Pajares of 256 W. Bethel Road. (hereinafter referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE desires to construct a stone veneer on a city constructed barrier wall within the variable width CITY right-of-way easement of West Bethel Road as shown on the final plat of the Bethel Road Estates Addition, Document #201000150695, as shown on the attached plat marked Exhibit ‘A’, and shown on attached Exhibit ‘B’, and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the construction and continued use and occupancy of the right-of-way for LICENSEE IMPROVEMENTS; WHEREAS, LICENSEE desires to install a stone veneer on an existing city constructed barrier wall with within the right-of-way of West Bethel Road and requests continued use and occupancy of the right-of-way for LICENSEE IMPROVEMENTS; WHEREAS, LICENSEE will maintain the stone veneer within the right-of-way of West Bethel Road and requests continued use and occupancy of the right-of-way for LICENSEE IMPROVEMENTS; WHEREAS, LICENSEE acknowledges that if the barrier wall within the public right of way is damaged, the CITY will replace it with a standard CITY barrier wall. Any repair or replacement of the stone veneer necessary as a result of damage will be the sole responsibility of the LICENSEE. NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: CITY hereby grants LICENSEE an irrevocable license subject to termination clause, as stated in Section 10, for the purpose of construction and maintenance of the stone veneer on the existing barrier wall within the CITY right-of-way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on Exhibit ‘B’ attached hereto and incorporated herein for all purposes. No additional permanent structures shall be allowed within the CITY right-of-way easement. 2. Term: The term of this License shall be perpetual, subject, however, to termination as provided herein. ____________________________________ License Agreement - Page 2 3. Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the right-of-way or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY right-of-way for facilities presently located within the boundaries of the right-of-way and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. 4. Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrants that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5. Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6. Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs, then this agreement shall be of no further effect. 7. Compliance with laws: LICENSEE agrees to abide by, be governed by, and be responsible for compliance with all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, ____________________________________ License Agreement - Page 3 whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9. Action upon termination: At such time as this License may be terminated or canceled cause or as defined in paragraph 10, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY right-of-way and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. Cause is defined as the failure to maintain or repair the stone veneer on the City barrier wall, after written notice has be provided which details the required remedy. Cure time not less than 30 days from the writer or as agreed on by both parties. In the event the stone veneer is damaged by the failure of the City’s barrier wall, Licensee should have no further obligation for maintenance of the stone veneer. 10. Termination: This Agreement may be terminated in any of the following ways: a. Mutual Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; 11. Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12. Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13. Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. ____________________________________ License Agreement - Page 4 14. Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15. Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16. Recitals: The recitals to this Agreement are incorporated herein by reference. 17. Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2011. CITY OF COPPELL, TEXAS By: CLAY PHILLIPS, CITY MANAGER 255 Parkway Blvd., Coppell, TX 75019 ATTEST: By: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: LUIS PAJARES 256 W. Bethel Road, Coppell, TX 75019 By: _____________________________________________________ MICHELLE PAJARES By: _____________________________________________________ ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2011 by Clay Phillips, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____________________ day of ____________________, 2011, by _______________________________________________ , ___________________________________________________ owners of 256 W. Bethel Road. __________________________________________ NOTARY PUBLIC, State of Texas My Commission Expires: _________________________ 1 INCH = FT.0202010Proposed License Agreement,256 W Bethel Road.Exhibit "B", 1 of 2Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg\BETHEL 256Created on: 2 February 2011 by Scott LattaAPPROXIMATE PORTION OFBARRIER WALL PROPOSEDFOR STONE VENEERBACK OF CURBBARRIER WALL Proposed License Agreement,256 W Bethel Road.Exhibit "B", 2 of 2Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg\BETHEL 256Created on: 2 February 2011 by Scott Latta WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering February 22, 2011 13 ✔ CONTRACT/BID or PROPOSAL Consider approval of renewing the existing contract for “Sidewalk Pavement Repairs” with California Construction LLC in the amount of $150,000.00, as provided for in the IMF; and authorizing the City Manager to sign and execute any necessary documents. This contract extension will allow California Construction to continue sidewalk repairs throughout the City. Staff will be available to answer any questions. Funds have been budgeted in the Infrastructure Maintenance Fund for this contract. Staff recommends approval of this contract extension. Sidewalk Contract extension-1 AR MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Michael Garza, E.I.T., Graduate Engineer DATE: February 22, 2011 RE: Consider approval of renewing the existing contract for “Sidewalk Pavement Repairs” with California Construction LLC in the amount of $150,000.00, as provided for in the IMF; and authorizing the City Manager to sign and execute any necessary documents. On May 11, 2010 the City Council awarded the contract to California Construction LLC in the amount of $125,000.00. The original contract has a clause that allows the City Council to extend the contract for 4 additional one-year periods as deemed in the best interest of the City. The Engineering Department has been pleased with the work that California Construction LLC has completed and would like to renew the contract for the 2010-11 fiscal year. With the rise in cost of materials and the amount of sidewalk that needs to be replaced this year, the unit prices have increased by 10 %. The estimate for approximately 25,000 square feet of sidewalk and other appurtenances is about $125,000.00. It’s our opinion that $150,000.00 will complete this year’s entire list totaling 132 locations (see attached map). The area of repair often exceeds the identified area, and we are forced to either ask for additional funds, or not make some of the repairs on the list. The contract was bid as a unit price contract, and the additional $25,000.00 will allow us to repair an additional 5300 square feet of sidewalks. Staff recommends the award of the “Sidewalk Pavement Repairs” project to California Construction, LLC in the amount of $150,000.00. Staff will be available to answer any questions at the Council meeting. 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STS N O W S H IL L T R N O T T I N G H A M D R WALNUT G R O V E L N REDWOOD DRCEDAR C R E S T D R FLI NTSH IR E W AY BRISTOL CTBELLA VI STA DRWESTLAKE CT PORTSIDE DRO A K W O O D L N121 TOLLW AYF O R E S T HILL DRR O CKCREST CT G R E E N W A Y D R W A R W IC K L N WESTLAKE DRBROWN TR HOOD DR C H ESTNUT L N ROUNDRO C K C I R C R O O K E D TREE CTPA R R S T M IL L TR C H A L F O N T P L C K IN G S C A N Y O N C T PARK H I G H L A N D S DRINGLENOOK CTCO AT S S T BE AU D R GRACE D R KYLE DR CO L ON I A L D R W IL LOW RI DGE CTSAINT JAMES PL VILLAGE G REEN DR CL AYT O N C I R S H O R E W O O D D R CASTLEBURY CTCHE R RY W O O D T RCRESTHAVEN RDNASH DRF O R E S T W O O D L N STARLEAF STDEFOREST CTKIMBEL KOURTEDGEWOOD D R TANGLE W O O D L N BARCL AY AV KI R K L A ND D R H O M E W O O D DRASPENWAY DRAL E N D AL E D R W A R R E N CROSS IN G CHINABERRY W AY CRESTWOOD DRS P R I N G H I L L D R L E E D RCLEAR HAVEN R D INDIAN R O C K DRS UZ A N N E W AY HOLLY STDEANN DRSH 121 TOLLW AYS AN DY L A K E R D LO C K H A V E N L NSH 121 TOLLWAYS W A L LO W D R E AG L E D R D U N C A N D R HA R R I S O N D R HIGHLAND DR ALLENCREST LNS PA R R O W L N STRATFORD LNJ O H N S O N D R C A S T L E CREEK DRGR AC E L N H O O D D R CL E AR C R E E K L N LO ND ON W AY SIMMONS DRSH 121 TOLLW AYB E E C H W OOD LN SH 1 2 1 L A K E V I S TA D R SANDY KNOLL DRSAMUEL BLVDSAMUEL BLVDPAR K HI GHL A ND S CT KAILEY WAYHILL DRBRIGH T O N L N MEADOWOOD L N GLEN LAKE S D R BEAVER RUN DRVILLAGE PKWY VI LLAGE PKWYCHERRYBARK DRRAV E N L N WOODLAKE DR S U G A R B E R RY D R HIG HLA ND ME AD OW C IR ASHFORD DR A LEX DR NIXON STP H IL L I P S D R PHI LLI PS DRREDCEDAR WAY DRPARKER DRPI NYON L NPARKWOOD LNL Y N D S IE D R GREENTREE DRD E F O R E S T R D C R E E K CROSSING HA RR ISO N HI LL C T HOLLYWOOD D R 1 21 UTURNISLAND BAY DRCASCADE WAYST ANDREWS PLCLANSDO W N E CR CEDA R RI DG E DR MILTON WAYPRESTWI CK C THEATHER GLEN D RBRUSHY CREEK TRDRI FTWOOD DRLAKE VISTA PLBAY CIRLAKE PARK DR C O V E DRDOBECKA DRPINTA I L C TFLAGSTONE LNG I B B S C R O S S I N G LAGUNA DRTIMBER RIDGE LNQ U A I L L NSAND POINT CTDUNCAN DRWILLINGHAM DRENCLAVE S CRTCAMBRI DGE MANOR LNR O B IN L NSLEEPY HOLLOW LNTENNYSON PLC121 TOLLWAY DICKENS DRMESQUITEWOOD STPLAZA BLVD121 T O L L W A YHIGHLAND MEADOW DRT H O M P S O N D R C H E S H I R E D R TOWN CENTER BLVDN A T C H E S T R A C E NATCHES TRACERAINTREE CIR R A I N T R E E C I R M I C HE L L E P LC WESTWIND DRDATE ADDRESS SIZE(s.f.)A-1 2007/04/17 Woodcrest 124 48A-2 2010/02/28 Parkview 20A-3 2010/02/28 Parkview/Quiet Valley 16A-4 2010/03/18 Thompson 608-616 420A-5 2010/03/18 Phillips 644 175A-6 2010/03/18 Andover 642 32A-7 2010/04/30 Laguna 954 10A-8 2010/05/13 Meadowglen Cir 141 100A-9 2010/05/30 Burns Crossing 340A-10 2010/06/07 Cove 215 100A-11 2010/06/16 Meadowglen Cir 116 200A-12 2010/06/17 Kirkland 556-560-564 320A-13 2010/06/22 Clear Haven 301 400A-14 2010/06/28 Meadowood 533 100A-15 2010/07/04 Pecan Hollow 133 30A-16 2010/07/10 Phillips 417 240A-17 2010/07/10 Phillips 413 120A-18 2010/07/10 Phillips 401 80A-19 2010/07/12 Lake Park 603-607 120A-20 2010/07/16 Lyndsie 266 20A-21 2010/07/23 Lansdowne Cir 157 132A-22 2010/08/21 Nottingham 681-685 111A-23 2010/09/01 Round Rock Cir 1005 60A-24 2010/09/13 Suzanne Way 258 40A-25 2010/09/29 Waterview 445 100A-26 2010/09/29 Creek Crossing 1040-1048 100A-27 2010/10/01 Allen N. 705-709 190A-28 2010/10/11 Basilwood 1001 70A-29 2010/10/27 Allencrest 119 100A-30 2010/10/28 Portside 110 20A-31 2010/11/01 Parker 945 100A-32 2010/11/10 MacArthur/Glen Lakes 400A-33 2010/11/10 MacArthur/Deforest 4800A-34 2010/11/23 Lake Park 646-650 240A-35 2010/11/30 Leslie 837-841 300A-36 2010/11/30 Parker 917-921 140A-37 2010/11/30 Parker 937-941 170A-38 2010/12/10 Glen Lakes @ MacArthur 100A-39 2010/12/20 Allen Rd 660 80A-40 2011/01/06 Forestwood 1026-1030 50A-41 2011/01/06 Forestwood 1006-1010 100A-42 2011/01/06 Forestwood 1014-1022 640A-43 2011/01/07 Phillips 454-462 200A-44 2011/01/07 Nixon 204 60TOTAL =11194 Legen d City Limi tCounty LineQuadrant L imitSidewalk Repairs 2010-2 011 Sidewalk RepairCoppell Quadr an t AScale: 1 " = 875' 875 Feet ² D e n t o n C o u n t yDallas C o u n t y B-60 B-24 B-64 B-59 B-51 B-5 B-56 B-14 B-6B-15 B-52 B-29 B-25 B-16 B-10B-20 B-21 B-8 B-17B-33 B-2 B-18 B-30 B-42B-19 B-43B-36 B-27B-61 B-46 B-9 B-44B-63B-35B-34 B-50B-1 B-38B-58 B-49 B-23 B-62B-65 B-12B-3 B-31 B-66B-28B-48 B-4 B-32 B-47B-53B-54B-55 B-11B-57B-37 B-40B-22B-45 B-41 B-7 B-13 B-39 B-26 A-35 KIM B EL KOUR TFOUNTAIN V I EW PL S A N D Y L A K E R D BR ISTO L CT MEA D OW GL EN C IR CO RSI CA CT BO RD EAUX CT MEA D OW RUN MEADOWCREEK RD SAM UEL BLV D M O C KIN G BIR D L N PRI VATE D R IV E BR A E W O OD DR CH RI STI C IR W YN NPAGE DR FOXTAI L C T LENT EN CT ASHER CTLO DG E RDTRAILWOOD LN S A LE M C T PHOEN IX CI R HA WK C T FALLS CTL E A V A L L E Y C IR AL LEN CR EST L N CLU B C IR C R A N E C IR W OOD C RE ST L N SHILOH CT E L M V A L E C T IN D E P E N D E NC E D R JENN ING S CT MASON CTELMH ILL CT W ESTBU RY C T DENTON TAP RDFO REST CO VE DRHEARTZ RDSOUTH W ESTERN BLVD PEBBLE CREEK DR MEA D OW V IEW C IR W E S T C H E S T E R DRS T O N E C R E S T D RDENTON TAP RDA IR LIN E D R BETHEL SCHOOL RD HIDDEN H O L L O W C T M A P L E L E A F L N CONDOR DRS UG A R B E R RY D R TO W ER CTHEMLOCK CT BREANNA WAYHILL DRGREENW OOD CT MAYWOOD CIR GL A D E P O IN T D R HOLLOW CRGLENCREST CIRV I L L A W O O D L N ROLLING BROOK LN CU TTING HA M C T W INE TREE C T T U P E L O D R AU T U M N L N REDCEDAR WAY DRKINGSMILL CT A R B OR BROOK L NMOORE RDHUNTERS RIDGE RDB R IA R C OV E L N WI L L E T D R W IS E W A Y STA R LEA F S T W I L LO W S P R IN G S DR V A N B E B B E R D R BR A E W O OD D R W OOD PA R K SEA HA W K CT HIL L H A V E N D RC A R T E R D R WELLI NGT ON R DFALCON CTW E S T BU RY D R SPRINGOAK LNELM FORK DRCR ESTV IEW C T TANAGER DRSUNRISE DRB R A D F O R D D R FALLS RD WESTWOOD CTB A R R I N G T O N D R O R IO L E LNGLENWOOD DRPELICAN LN GR A P E V I NE C R E E K D R BRYAN LNDOVE C IR S AN DY L A K E R D HOLLOW RIDGE PLCWOODHILL STCROWN POI NT DRMOORE RDA S PENWAY DRVILLAWOOD CIRBILTMO R E C T C O V E N T R Y C TDUNLIN LNPINE H U R S T D R P E L I C A N L N SORA LNW IL LO W S P R I NG S CT FALC O N L N SANDY LAKE RD OAKCREST LNBE T H E L S C H O O L R D CO L ON I A L D R BLUE JAY DRFORESTCRE S T LNH AV E N CR E S T L NCASTLEBURY CTS H A D O W C R E S T L N WOODWAYNASH DRS W AN DRL E AVAL LEY LNWOODHURST PLC ASPENWAY DRWOODHURST DRCAMBRIA DRLAKEWOOD CTOLD YORK RDHUMMINGBIRD DROA K B R O OK DRMACARTHUR BLVDMEADOWVIEW LN P H E A S A N T L N PARK MEADOW WAY HOLLY STS AN DY OA K L N MACARTHUR B L V D P E N U E L DRBETHEL SCHOOL CTR E D C E DA R W AY D R NORTH LAKE DRS W A L LO W D R E AG L E D R R I V E R C H A S E D R C O R A L D RREDWING DRS A N DY L A K E R D S PA R R O W L N CRANE DR FAIRWAY DRMEADOWLA R K LN CREEKSIDE LNCH RISTI L N BLUE JAY LNLONDON WAYHIGHLAND MEADOW DRDENTON TAP RDROLLING HILLS RDBELT LINE RDHIDDEN VALLEY DRMACARTHUR BL VDGREENRIDGE D R WILSHIRE DRL O N G M E A D OW DRB E T H EL RDFINCH LNRAV E N L NHIGHLAND ME AD OW C IR HILL DRQ U A I L L N H IG H L A N D WAYEDGEWOOD DRDOWNI NG DRSANDY KNOLL DRBEACON HI LL DRCRESTVIEW DRMOCK I N G BIR D L NMOCKINGBIRD LNLIBERTY CIRCA R D I N A L L N MALLARD DR G L E N D A L E D R RIVERVIEW DRHEATHER GLEN DRMOCKINGBIRD LNBERKSHI RE LNDOBECKA DRROCKY BRANCH LNHAWK LNPINYON LNB RI T T A N Y D RBITTERNUT D R TRINITY C TCHERRYBARK DRTIMBER RIDGE LNHUNT ERS RIDG E CIRBRIARGLEN DR PEPPERWOOD STR O B IN L N MESQUITEWOOD STBARCLAY AVS U G A R B E R RY D R C L E A R C R E E K L N SANDERS LPS A N D E R S LP SIMMONS DRBELT LINE RDBELT LINE RDLegend City LimitCounty LineQuadrant LimitSidewalk Repairs 2010-2 011 Sidewalk RepairCoppell Quadr ant BScale: 1 " = 875' 875 Feet ² DATE ADDRESS SIZE(s.f.)B-1 2009/09/28 Willow Springs Ct 309 212B-2 2010/03/24 Heather Glen 155-159 430B-3 2010/04/01 Edgewood 311 100B-4 2010/04/01 Edgewood 318 320B-5 2010/04/08 Beacon Hill 440 100B-6 2010/04/19 Hill 116 100B-7 2010/04/21 Hawk 606 320B-8 2010/04/28 Rolling Brook 915 48B-9 2010/04/29 Bitternut 844 55B-10 2010/04/30 Hill 136 160B-11 2010/05/01 Hawk 735 80B-12 2010/05/10 Pinyon 312 200B-13 2010/05/11 Mallard 958 80B-14 2010/05/13 London Way 118 80B-15 2010/05/13 London Way 122 80B-16 2010/05/13 London Way 126 75B-17 2010/05/13 Westbury 153 80B-18 2010/05/13 London Way 159 60B-19 2010/05/13 London Way 166 80B-20 2010/05/24 London Way 142 188B-21 2010/05/28 Simmons 216 220B-22 2010/06/09 Hawk 719 80B-23 2010/06/14 Woodhill 421 200B-24 2010/06/16 Longmeadow 128 40B-25 2010/06/22 Edgewood 129 80B-26 2010/06/22 Edgewood 133 120B-27 2010/06/28 Creekside 266 120B-28 2010/07/01 Elmhill Ct 901 200B-29 2010/07/09 Aspenway 215-219 100B-30 2010/07/16 Cherrybark 235 124B-31 2010/07/19 Woodhurst 207 140B-32 2010/07/22 Woodhurst 251 200B-33 2010/07/27 Heather Glen 148 50 DATE ADDRESS SIZE(s.f.)B-34 2010/07/28 Woodhurst 466 (Sandy Knoll)240B-35 2010/07/29 Havencrest 572, 576, 580 920B-36 2010/08/02 Highland Meadow 179-183 220B-37 2010/08/02 Briarglen 513 60B-38 2010/08/03 Havencrest 603 240B-39 2010/08/04 Glendale 185 100B-40 2010/08/11 Hawk 727 40B-41 2010/08/12 Briarglen 621 80B-42 2010/08/16 Foxtail Ct 500 150B-43 2010/08/16 Highland Meadow Cir 208 100B-44 2010/08/19 Pinyon 266-270 220B-45 2010/08/23 Greenridge 415 128B-46 2010/08/31 Cardinal 725 180B-47 2010/09/06 MacArthur S. 337 280B-48 2010/09/08 Spring Oak 317 75B-49 2010/09/10 Havencrest 607 120B-50 2010/09/17 Timber Ridge 312 15B-51 2010/09/28 Elm Fork 114 40B-52 2010/09/29 MacArthur 213 120B-53 2010/09/29 Woodpark Ln Front of drain box 100B-54 2010/09/29 Woodpark Ln West side of street 124B-55 2010/09/29 Woodpark Ln East side of street 160B-56 2010/09/30 Simmons 217 80B-57 2010/10/05 Meadowview 200-300 100B-58 2010/10/11 Willow Springs Ct 325 80B-59 2010/10/15 Sunrise 109 148B-60 2010/11/17 Sandy Knoll 401 100B-61 2010/11/17 Sandy Knoll 409 292B-62 2010/12/03 Woodhurst 515 60B-63 2010/12/12 Redcedar Way 800 106B-64 2010/12/14 Crown Point 219 100B-65 2010/12/29 Shadowcrest 433 120B-66 2011/01/07 Pinyon 323 240TOTAL =9660 D-5 D-6 C-12 C-9 C-10 C-4C-2 C-3 C-6 C-1 C-11 C-7 C-5 C-8 DENTON TAP RDW ILD PLUM DR I635 FOREST RIDGE DR PENFOLDS LNARBOR MANORS DRSOUTHWESTERN BLVD NEWCAST LE CT FIELDCREST CIR LEIS URE CT DELTA CTNEWPORT DRTOWN CENTER BLVD SH 121BETHEL RD SANDY LAKE RD MEADOWCREEK RD HUNTERWOOD CT JEB CT B E T H E L S C H O O L R D ANDERSON AVDENTON TAP RDSANDY LAKE RICHMOND CT VANBEBBER DR PARK RDBAYOU CT ROSEMOUNT CT WHISPERING HIL LS DR DARTMOUTH LN BRAEWOOD DR CORSICA CT COZBY AV AMBERWOOD DRFOREST BEND DRTAR A C TJUNIPER DR CARRIAGE CT HICKORY RIDGE DR SCOTT STHEARTHWOOD DR PARISH PLCMITCHELL STLYNN CTBRECKLAND HE IGHTS HALIFAX D R STEAMBOAT DR COWBOY DR SANDY LAKE RD VERSAILLES DRSOUTHERN BELLE DRBRANCHWOOD TRTO WN C ENTER D R BORDEAUX CTMOSSY OAKS DRBROCK ST GR A PEV I N E M I L L S P K W Y POST OAK DR BEAL LN HARTFORD CIRSH 121 SVC RDCOTTON RDCHARLESTON DR MELINDA ST HEATH LN SHADY OAK L N CAROLINA CT W ILLOW LN MCNEAR DR CARRINGTON DRWINDHAM CIRKINGSTON CIRFREEPORT PKWYSOUTHWESTERN BLVD AUTU M N W O O D L N WYN N PAG E DR BENSON LNWOODLAND COVEI635 RIPPLEWOOD COVEWINDING HOLLOW LNMANCHESTER LNCOOPER Ln JUNIPER CT HAZELWOOD COVE BETHEL RD W HI TE S P R U CE DRSPANISH MOSS CT ARCHER DR LOCH LNHOWELL DREXCHANGE CIRG A T E W A Y B LVD BROOKS LN RIVER RD I635 GREENWICH LN WRENWOOD DR B U R N S S T PLANTATION DRHALIFAX LN COPPELL RDSHADYDALE LNCOOPER LN OAK GROVE LN S A DDLE TREE TR G A TEV IEW B L V D GATEWAY BLVD WALES CTHAMMOND STI635 SERVICE RD BETHEL RD GEORGIAN DRDENTON TAP RDKAYE STSH 121 SVC RDRUBY RD LEXINGTON AVBULLOCK DRFLEETWOOD COVEBELT LINE RDDAKOTA LNHARRIS STMOBLEY WAYMAGNOLIA DRCHATEAUS DRHARRIS STARMSTRONG BLVDE D M O N D S ON DR EDINBURGH LN TEALWOOD DROAKBEND DRHAWKEN DR OAK TRROYAL LNROYAL LNO LY M PIA LN FREEPORT PK W YFREEPORT PKWYLEISURE LNKNIGHTS WAYROYAL LNROYAL LNPEACHTREE DRCOPPELL RDST ANTON CTSUMMER PLACE DRH EARTH STO N E LNBRICKNELL LNSPANISH MOSS DR CHALAIS CTA S H L E Y DR FIELDCREST LOOP COUNTRY LNDILLARD L NCOTTONWOOD DRNORTHPOINT DRNORTHPOINT DR ROYAL LN CREEKVI EW DR CREEKVIEW DRC O U N TY LIN E R D COUNTY LINE RDFITNESS CT Tarrant CountyDallas CountyLegen d City Limi tCounty Lin eQuadrant L imitSidewalk Repairs 2010-2011 Sidewalk RepairCoppell Quadrant CScale: 1" = 875' 875 Feet ² DATE ADDRESS SIZE(s.f.)C-1 2010/03/30 Spanish Moss 306 172C-2 2010/05/19 Carolina Ct 214 40C-3 2010/08/10 Carolina Ct 202 80C-4 2010/08/25 Tealwood 267 128C-5 2010/09/01 Halifax 505 80C-6 2010/11/11 Wynnpage 139 80C-7 2010/11/15 Halifax 513-517 340C-8 2010/11/29 Armstrong 726 100C-9 2010/12/01 Halifax 464-476 900C-10 2010/12/13 Hearthwood 108 90C-11 2010/12/17 Bethel School/Harris 160C-12 2010/12/21 Carrington 133-137 60TOTAL =2230 D-2 D-7 D-4 D-5 D-6 D-10 D-1 D-8 D-9 D-3 DENTON TAP RDNATCHES TRACE WHISPERING HILLS DR FLEETWOOD COVE 121 TOLLWAY SH 121 COPPERSTONE CT HIGHLAND DR SANDY LAKE RDWESTMINSTER CTTANBARK CT SANDALWOOD CT TO WN C E NT E R D R NEWCAST LE CT AUTUMNWOOD LN PARKWAY BLVDLEIS URE CT BUCKINGHAM CT WOODLAND COVE SH 121 RIPPLEWOOD COVE ABBEY CT WINDING HOLLOW CT GRAYW OOD CT EASTWICK DR ARBOR MANORS DRAUBURN W AYMADI SON S T SANDY LAKE RIDGE W O OD D R HARDWICK CT FALLKIRK DRGIBSON CTFALLKIRK CT WINDING HOLLOW LNDARTMOUTH LNBRANCHWOOD TRFAIRLANDS CIRFOREST BEND DRGEORGIAN DRJOSHUA LN PEDMORE DRKILBRIDGE CTALDER CT DREXEL DR FAIRLANDS DRGRAYWOOD LN BRECKLAND HE IGHTS SANDY LAKE RD MARTEL CRTLAYTON DR DALMALLEY LN G R A PEV I N E M I L L S P K W Y POST OAK DR BEAL LN MINYARD DR FREEPORT PK W Y COPPELL RDAPPLECROS S CT SHADY OAK L N BUTTONWOOD DR CL IFTON CT WILLOW LN CANYON DR GIFFORD CTLEV E E P L CROMWELL CTNORTHWESTERN DRSH 121 SVC RDSH 121 SVC RDS HE F F IELD CT BL AC K F IE L D DR CLOVER MEADOW L N MANCHESTER LNKI NGSRI DGE DRBANKERS COTTAGE LNMATHESON CTBRICKNELL DRTURNBERRY L N COWBOY DRPATRIOT DRFAIRVIEW CTKILMICHAEL DRCAN EMOUNT L N BURNING TREE LNSH 121SHADYDALE LNMULLRANY DRBUS 121 SVC RDTRADE CENTER DRSH 121 SVC RDBUS 121FREEPORT PKWYS H 1 2 1 TO L L W AY SH 121 TOLLWAY WESTMINSTER WAY COMPTON CT BUTTONWOOD CTOAKBEND DRGRAHAM DRTANBARK CIRDIAMOND RIDGE DRBLACK OAK CIR MARTEL LN NA T CHES T R A CE OAK TRKILBRIDGE LN LAIRDS DRHAMPTON DRGIFFORD DRLEISURE LNLOXLEY DR WAVERLY LNHAMPTON CTSUMMER PLACE DRC O P P E R S T O N E T R 121 UTURNAVALON LN BRICKNELL LNBRICKNELL LNROYAL LNNORTHPOINT DRCOTTONWOOD DR121 UTURN121 UTURNFITNESS CTACE LNTarrant CountyDallas CountyLegen d City Limi tCounty Lin eQuadrant L imitSidewalk Repairs 2010-2011 Sidewalk RepairCoppell Quadrant DScale: 1" = 875' 875 Feet ² Denton CountyDallas County DATE ADDRESS SIZE(s.f.)D-1 2008/06/18 Kilbridge Ln/Kilbridge Ct 250D-2 2010/06/11 Westminster Way 709 80D-3 2010/06/23 Madison 622 225D-4 2010/10/22 Kingsridge 132 120D-5 2010/10/27 Leisure 432-436 120D-6 2010/10/27 Leisure 437 40D-7 2010/11/16 Parkway W./Cowboy 615D-8 2010/12/06 Kilbridge 828 36D-9 2010/12/06 Denton Tap (behind 840 Fallkirk)100D-10 2010/12/08 Fallkirk Ct 848 60TOTAL = 1646 February 22, 2011 Bobby Bounds California Construction 9395 Crestridge Drive Frisco, Texas 75034 Dear Mr. Bounds: Request for bid Q-0109-03 Sidewalk Repairs closed on Thursday, April 15, 2010. The City of Coppell awarded the contract to California Construction on May 11, 2010. We would like to extend the contract for an additional year beginning February 23, 2011 and ending September 30, 2011. The contract amount has increased to $150,000.00 due to the increase in material prices. Please sign and return one copy of this letter indicating your acknowledgement of the terms and conditions of the aforementioned Contract and your acceptance of such. If you have any questions and/or concerns, please feel free to contact me. Sincerely, Jerod Anderson, CPPB Purchasing Manager Print/Type Name Title Signature Date Clay Phillips City Manager Print/Type Name Title Signature Date 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 February 22, 2011 14 ✔ ORDINANCE Consider approval of an ordinance amending Ordinance 2010-1251 of the Code of Ordinances Chapter 2, "Boards and Commissions", Article 2-1, "Library Board", Section 2-1-3, "Officers", and Article 2-2, "Parks and Recreation Board", Section 2-2-3, "Officers", by amending subsection A in each article by deleting the words “each October” and replacing with the word “annually;” providing for an effective date, and authorizing the Mayor to sign. Staff recommends approval. %bd chair appointment 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 2, “BOARDS AND COMMISSIONS”, ARTICLE 2-1, “LIBRARY BOARD, SECTION 2-1-3, “OFFICERS”, AND ARTICLE 2-2, “PARKS AND RECREATION BOARD, SECTION 2-2-3, AND ARTICLE 2- 4, “PLANNING AND ZONING COMMISSION” SECTION 2-4-3, “OFFICERS”, BY AMENDING SUBSECTION A IN EACH ARTICLE, BY DELETING THE WORDS “EACH OCTOBER” AND REPLACING THEM WITH THE WORD “ANNUALLY”; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 2, “Boards and Commissions”, of the Code of Ordinances be and the same is hereby amended by amending Articles 2-1, 2-2, and 2-4 by repealing provisions related to the limitations placed on terms of office for officers, which shall read as follows: “CHAPTER 2 BOARDS AND COMMISSIONS ARTICLE 2-1. LIBRARY BOARD . . . . Sec. 2-1-3. Officers A. The board shall annually . . . office, or until their successors are elected. . . . . . ARTICLE 2-2. PARKS AND RECREATION BOARD . . . . . Sec. 2-2-3. Officers A. The board shall annually . . . office, or until their successors are elected. . . . . . . . . . . . . . . . ARTICLE 2-4. PLANNING AND ZONING COMMISSION . . . . . Sec. 2-4-3. Officers. A. The commission shall annually elect from its membership . . . . . B. In the event of a vacancy in the office of chairman, the vice-chairman . . . . . C. In the event of a vacancy in the office vice-chairman or secretary, the . . . . . . . . . . . . . . . .” SECTION 2. 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 3. 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 4. 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 ___________________, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR 47840 2 ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb) 47840 3 AGENDA REQUEST FORM DATE: February 22, 2011 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: February 22, 2011 ITEM #: 16 MAYOR AND COUNCIL REPORTS A. Discussion Regarding Recent Legislative Trip to Austin. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: February 22, 2011 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: February 22, 2011 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 –Hunt. E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau F. Metrocrest Hospital Authority –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: February 22, 2011 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: February 22, 2011 Department Submissions: Item Nos. 12 and 13 were placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department 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 CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: February 22, 2011 Department Submissions: 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)