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CP 2011-06-14 NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 14, 2011 DOUG STOVER MARSHA TUNNELL, Place 4 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BOB MAHALIK, Place 2 MARVIN FRANKLIN, Place 6 BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT Place 7 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, June 14, 2011, 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. ag061411 Page 1 of 6 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 the land purchase agreements associated with Northlake/Cypress Waters. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development prospects north of Southwestern Blvd and east of S. Coppell Road. 2. Economic Development prospects south of Canyon and west of N. Coppell Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Vicki Chiavetta, Library Director. B. Discussion on Council Committee Preferences. C. Discussion regarding Building Inspection’s Rental Registration and Inspection Program. D. Discussion regarding an Ordinance Revision on Park Activities. E. Discussion regarding Creek Maintenance. F. Discussion regarding Citizen Summit. G. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. ag061411 Page 2 of 6 ITEM # ITEM DESCRIPTION 8. Consider approval of a proclamation honoring Scott Orr for his years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. 9. Report by Library Advisory Board. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 24, 2011 and May 31, 2011. B. Consider approval of accepting the resignation of Terra Taylor from the Keep Coppell Beautiful Board and appointing Shawn Thompson to fill the unexpired term. C. Consider approval of an ordinance approving a negotiated settlement with Oncor Electric Delivery Company LLC., regarding the company's application to increase electric rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. PD-185R2-LI, Coppell Industrial Addition (Uline-Tradepoint), a zoning change from PD-185R-LI (Planned Development-185 Revised-Light Industrial) to PD-185R2-LI (Planned Development-185 Revision 2-Light Industrial), to amend the Detail Site Plan to allow revised parking, landscaping, elevations and signage for the existing 600,000- square-foot building on 30.33 acres of property located at 980 Bethel Road and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. PD-240R3-HC, North Gateway Plaza, Lot 6, Block A, a zoning change from PD-240- HC (Planned Development-240-Highway Commercial) to PD-240R3- HC (Planned Development-240 Revision 3-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 0.67 acres to allow the development of a 4,171-square-foot medical office located at 755 North Denton Tap Road and authorizing the Mayor to sign. END OF CONSENT 11. Consider approval of Advanced Funding Agreement Amendment #1 between the State of Texas, acting through the Texas Department of Transporation (TxDOT), and the City of Coppell to terminate the original agreement for the widening of Sandy Lake Road from North Coppell ag061411 Page 3 of 6 ITEM # ITEM DESCRIPTION Road to South Coppell Road, executed on April 21, 2006; and authorizing the Mayor to sign and execute all necessary documents. 12. Consider approval of a contract with JQ Infrastructure in the amount of $146,940.00 for the design of Vanbebber Drive and Sandy Knoll Drive as provided for by the ¼ Cent Sales Tax for Street Maintenance; and authorizing the City Manager to sign and execute necessary documents. 13. Consider approval of an Engineering Services Contract with Fugro Consultants, Inc. to provide professional engineering services for the Pavement Condition Survey and Pavement Management Services, Project #Tax 2010D in an amount of $100,088.90; as provided for in ¼ Cent Sales Tax for Street Maintenance funds; and authorizing the City Manager to sign and execute all necessary documents. 14. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2010-1258, the budget for the Fiscal Year October 1, 2010 through September 30, 2011, and authorizing the Mayor to sign. 15. Consider approval of a Resolution directing publication of notice of intention to issue Certificates of Obligations, Series 2011 in the amount of $9,100,000.00 for the purpose of paying all or a portion of the contractual obligations for constructing and improving City streets; and constructing, improving and equipping the Old Town Coppell public area and paying legal, fiscal, engineering and architectural fees in connection with such projects and related bond issuance cost, and authorizing the Mayor to sign. 16. Consider approval of an Ordinance for Case No. PD-227R3-TH-1, Bellacere Addition, a zoning change from PD-227R-SF-12 (Planned Development- 227 Revised-Single Family-12) to PD-227R3-TH-1 (Planned Development-227 Revision 3-Townhouse-1), to allow the construction of eight (8) single- family homes and two (2) common area lots on 1.863 acres of property located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive and authorizing the Mayor to sign. 17. Consider approval of an Ordinance for Case No. PD-209R4-C, TownOaks Centre, a zoning change from PD-209R-C (Planned Development Revised-209-Commercial) to PD-209R4-C (Planned Development-209 Revision 4-Commercial), to allow an increase in the allowable size of a proposed attached sign on property located at the southeast corner of ag061411 Page 4 of 6 ITEM # ITEM DESCRIPTION Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. 18. City Manager's Report. A. Project Update and Future Agendas. 19. Mayor and Council Reports. A. Report by Mayor Stover on the Metroplex Mayors’ Meeting. B. Report by Councilmember Hinojosa-Flores on the Farmers Market Farm to Table Dinner. C. Report by Mayor Stover regarding the upcoming Fourth of July Celebration and Fireworks. 20. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 21. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 10th day of June, 2011, at __________________. ____________________________________ Christel Pettinos, City Secretary ag061411 Page 5 of 6 ITEM # ITEM DESCRIPTION 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). ag061411 Page 6 of 6 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: June 14, 2011 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the land purchase agreements associated with Northlake/Cypress Waters. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development prospects north of Southwestern Blvd and east of S. Coppell Road. 2. Economic Development prospects south of Canyon and west of N. Coppell Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: June14, 2011 ITEM #: ES-3 WORK SESSION 3. Convene Work Session A. Presentation by Vicki Chiavetta, Library Director. B. Discussion on Council Committee Preferences. C. Discussion regarding Building Inspection’s Rental Registration and Inspection Program. D. Discussion regarding an Ordinance Revision on Park Activities. E. Discussion regarding Creek Maintenance. F. Discussion regarding Citizen Summit. G. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn Name _________________________________________ COUNCIL COMMITTEE PREFERENCES Please place a 1, 2, 3, etc. in the blanks indicating your preference of Committees on which to serve. C/FBISD/LISD Liaison _________________ CISD Liaison _________________ Coppell Seniors _________________ Dallas Regional Mobility Coalition _________________ International Council for Local Environmental Initiatives _________________ Metrocrest Hospital Authority _________________ Metrocrest Medical Services _________________ Metrocrest Medical Foundation _________________ Metrocrest Social Services _________________ North Texas Council of Governments _________________ North Texas Commission _________________ Senior Adult Services _________________ PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: June 14, 2011 To: Mayor and City Council From: Brad Reid, Director Re: Discussion Regarding Possible Ordinance Revision for Park Activities. BACKGROUND Certain sections of the parks and recreation code (Section 9-11-3) preclude individuals from making a profit on park property unless the money-making activity is associated with a city sponsored event or a sports association with a license and use agreement. This ordinance has been interpreted by staff to require the addressing of individuals offering a variety of different types of services and products. As a result, staff has asked a number of people over the years to leave the parks when they are found providing services for which there is a monetary transaction. These services include food sales, dog obedience training classes, professional batting lessons, and exercise classes, among others. Typically staff does not proactively seek out people using the parks in this manner but respond to complaints from citizens, sports associations or others when making these contacts. Given that the city of Coppell encourages its citizens to be physically active and enjoy the parks in efforts to improve health and fitness, it seems to be time to modify this ordinance to allow certain activities to occur in the parks which promote these activities. If it is the desire of the Council, staff will begin a review of the current ordinances and recommend a solution to this situation. COUNCIL ACTION REQUESTED Authorize staff to bring back a recommended revised ordinance which will allow specific fitness related activities in the parks. 1 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: June 14, 2011 REF: Discussion concerning Creek maintenance Coppell has four major creeks which flow through or adjacent to the city. These creeks are Denton Creek, Grapevine Creek, Cottonwood Creek and the Elm Fork of the Trinity River. Also, there are numerous small creeks which meander through neighborhoods and eventually join with the major creeks. According to the City of Coppell’s Floodplain Management Ordinance, the City of Coppell has a responsibility to “promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by managing the floodplains of the City.” A flood can be a result of obstructions in areas of special flood hazards which increase flood heights and velocities. Trees that fall into a creek become obstructions that can cause flooding. Currently, the Engineering Department has a contract to remove trees that pose a threat to the conveyance of the creek and possible flooding. This satisfies the FEMA National Flood Insurance Program Community Rating System, which states that the “community should conduct periodic drainage channel inspections and removed debris as needed to prevent flooding.” To help alert future homeowners of their responsibility when purchasing a creek lot, two notes are placed on final plats: 1) “The City of Coppell will not have the responsibility for maintenance of floodplain/floodway area as shown hereon. The maintenance of these areas shall be the sole responsibility of the individual lot owners adjacent to said areas. These areas are to remain free of improvements that may obstruct the flow of storm water and protected from potential erosion by the owners. No fences will be allowed in the floodplain or any other structures (pool, deck, gazebos, etc.) per the City of Coppell floodplain ordinance,” and, 2) "The developer, builder, seller, or agent shall inform in writing, each prospective buyer of subdivision lots or property located within special flood hazard areas of this site that such property is in an identified flood hazard area and that all 2 development must conform to the provisions of the City of Coppell Floodplain Management Ordinance." Since the early 90’s, we have received calls regarding erosion along creeks in the back yards of residences. Recently, the majority of the calls have concerned erosion along Denton Creek. Generally, the property lines of creek lots extend to the center of the creek; therefore the homeowners are responsible for the maintenance of the bank of the creek. We assist homeowners that have experienced erosion by providing contact information for engineering firms and contractors that would be able to repair the erosion. As previously stated, the City’s current creek maintenance program consists of large tree removal from creeks where the tree is impeding the conveyance of water. This program started several years ago and is funded through the Municipal Drainage Utility Fund. The program is generally citizen complaint driven; however, our goal is to become more proactive in the future by walking the creeks and trying to address some issues before they become major problems. Staff will be available to answer any questions. 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 June 14, 2011 8 ✔ PROCLAMATION Consider approval of a proclamation honoring Scott Orr for his years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. Staff recommends approval. !CISD Board Member Orr - 1 AR PROCLAMATION WHEREAS, Scott Orr has served the Coppell community on the Board of Trustees for Coppell Independent School District since May 2004; and WHEREAS, during that time CISD opened its second high school, New Tech High @ Coppell with two grade levels – 9th and 10th with a total of 275 learners; and WHEREAS, CISD achieved an “Exemplary” state accountability rating for 2009-2010 school year from the Texas Education Agency; WHEREAS, CISD placed 4th among the “Best Places to Live in Dallas” in the education areas considered basked on the percentage of students passing the TAKS, the Mean SAT score, and the students taking the SAT/ACT exams; and WHEREAS, in July 2009 the Board of Trustees adopted a 5-year Strategic Plan developed and submitted by action teams that were part of a 31 member CISD Strategic Planning Team, comprised of parents, staff, students, and community members; and students taking the SAT/ACT exams; and WHEREAS, Scott has served as a member of the Texas Association of School Boards and earned Master Trustee designation in 2005, served as a member of the North Texas Area Association of School Boards, and served as a member of the Grassroots Advocacy Network; and WHEREAS, through Scott Orr’s dedication, self-sacrifice, and commitment to his community, Coppell schools have excelled through the expansion of student programs and participation in activities that garnered recognition and top honors throughout the Metroplex, state and national level; and NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, on behalf of the City Council, hereby extend our sincere thanks and appreciation to Scott Orr for his efforts to sustain a cooperative relationship between the CISD and the City of Coppell so our community will continue to be a location of choice for people wanting to raise a family. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 14th day of June 2011. ______________________________________________ Douglas N. Stover, Mayor ATTEST: _________________________ Christel Pettinos, City Secretary DEPT: City Secretary AGENDA REQUEST FORM DATE: June 14, 2011 ITEM #: 9 ITEM CAPTION: Report by Library Advisory Board. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardreport 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 June 14, 2011 10/A ✔ PROCEDURAL Consider approval of minutes: May 24, 2011 and May 31, 2011. Minutes of the City Council meeting held on May 24, 2011 and May 31, 2011. Staff recommends approval. %minutes MINUTES OF MAY 24, 2011 The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 24, 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 Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember (late arrival) Karen Hunt, Councilmember Councilmember Brianna Hinojosa-Flores was absent from the meeting. Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney David Dodd. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. Councilmember Franklin arrived prior to convening Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the purchase/sale of land north of Bethel Road and east of South Coppell Road. Mayor Stover convened into Executive Session at 6:16 p.m. Mayor Stover adjourned the Executive Session at 6:34 p.m. and opened the Work Session. cm052411 Page 1 of 8 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion and demonstration of existing video camera solutions. B. Discussion regarding Mayor Pro Tem appointment. C. Discussion regarding City Council Retreat. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Jason Graves with Riverside Church led those present in the Invocation. 6. Pledge of Allegiance. Members from Lewisville Boy Scout Troop 437 led those present in the Pledge of Allegiance. 7. Canvass returns of the May 14, 2011 General Municipal Election, approval of an order declaring the results of said election; and authorizing the Mayor to sign. David Dodd, City Attorney, read the Canvass of Returns of the May 14, 2011 General Municipal Election. Place 1 Total Raj Akula 684 Tim Brancheau 1,712 Place 3 Total Brianna Hinojosa-Flores 1,764 Place 5 Total Billy Faught 1,314 Thomas Burrows 909 cm052411 Page 2 of 8 Place 7 Total Karen Hunt 1,861 Action: Councilmember Tunnell moved to approve the canvass returns of the May 14, 2011 General Municipal Election, approved Resolution No. 2011-0524.1 declaring the results of said election; and authorizing the Mayor to sign. Mayor Pro Tem Mahalik seconded the motion; the motion carried 6-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. 8. Swearing in of Councilmembers Place 1, 3, 5 & 7. Mayor Stover swore in Tim Brancheau as Place 1, Billy Faught as Place 5, and Karen Hunt as Place 7. 9. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Action: Councilmember Faught moved to nominate Councilmember Tunnell as Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Councilmember Mahalik seconded the motion; the motion carried 6-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught, Franklin and Hunt voting in favor of the motion. At this time, the makeup of Council is as follows: Doug Stover, Mayor Marsha Tunnell, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Karen Hunt, Councilmember cm052411 Page 3 of 8 10. Presentation by CMS East 6th Grade Service Learning/ Environment regarding options for recycling Styrofoam and polystyrene in Coppell and replacing it with biodegradable products. Presentation: Devika Godbale, Sai Guadapalli, Maanas Sathaye, and Ellie Manning from CMS East gave a presentation on recycling Styrofoam and polystyrene to the Council. During the presentation, Mayor Stover recessed the meeting due to inclement weather. 11. Consider approval of proclamations congratulating Coppell students on their appointments to military academies, and authorizing the Mayor to sign. Mayor Stover read the proclamations for the record and presented the same to Tanner Rice – Air Force Academy, Nathan Hruby – Air Force Academy, Jessica Wallander – Air Force Academy, and John de la Chapelle – West Point. Action: Councilmember Franklin moved to approve proclamations congratulating Coppell students on their appointments to military academies, and authorizing the Mayor to sign. Mayor Pro Tem Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik, Faught, Franklin and Hunt voting in favor of the motion. 12. Report by Park and Recreation Board. Neil Bales gave the board’s semi-annual report. 13. Citizens' Appearances cm052411 Page 4 of 8 1) Rex Gale, 700 Shady Lane Court, Highland Village, thanked council for their support of the Children’s Advocacy Center and gave a small report. 2) Jo Ann Hill, 138 Hartford Circle, representing IBM thanked City Manager, Clay Phillips, Deputy City Manager, Mario Canizares, and Mayor Stover for their support at IBM’s Centennial Celebration on May 6th. 14. Consider approval of the minutes for May 10, 2011. Action: Mayor Pro Tem Tunnell moved to approve the minutes for May 10, 2011. Councilmember Mahalik seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Faught, Franklin and Hunt voting in favor of the motion. 15. Consider approval of accepting the resignation of Manibala Jonnalagadda from the Library Advisory Board and appointing Janet Koester to fill the unexpired term. Action: Councilmember Franklin moved to accept the resignation of Manibala Jonnalagadda from the Library Advisory Board and appoint Janet Koester to fill the unexpired term. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau, 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 tree removal has begun on Sandy Lake Road. The relocation of the power poles will be taking place soon. Future agendas include a Budget Workshop and Crime Control District meeting on May 31st. There will be only one Council meeting in the month of June on June 14th. Future Budget Workshops are scheduled for July 11th and July 28th. cm052411 Page 5 of 8 17. Mayor and Council Reports. A. Report by Mayor Stover regarding the Kid Country Design. B. Report by Mayor Stover regarding City Council Retreat. C. Report by Councilmember Faught regarding the Ride of Silence. A. Mayor Stover reported that Kid Country Design kick-off meeting went very well. B. Mayor Stover reported that the City Council Retreat was very productive. The Council established goals in areas that supported Coppell 2030. C. Councilmember Faught reported he rode in the Ride of Silence on May 18th to honor bicycle riders that are killed in traffic accidents. 18. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. 19. 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. A. Mayor Pro Tem Tunnell reported that Farmers Branch residents voted against separating from the Carrollton/Farmers Branch ISD. cm052411 Page 6 of 8 James Goode and Nancy Cline were elected to the School Board. Graduations for all four high schools will be held on June 5th at the University of North Texas. For Lewisville ISD, Mayor Pro Tem Tunnell reported that Carol Kyer and Mike McDaniel were elected to Places 6 and 7 on the School Board. Superintendent Waddell announced that he has eliminated six senior level cabinet positions to save the district an estimated $600,000 annually due to the budget crisis. B. Councilmember Mahalik reported that Coppell High School won their first Girls’ State Track Championship. Congratulations to Elizabeth Kerpon for winning the 5A 400 meter dash. The Coppell Cowboys will have a Spring football event on Thursday, May 26th from 4:30-7:00 p.m. at the Buddy Echols Field. The last day of school is Friday, June 3rd. Graduation ceremonies for Coppell High School will be on June 4th at 2:00 p.m. at the University of North Texas. Scholarship awards for Coppell High School Class of 2011 totaled over $28 million. C. Councilmember Faught reported that the Senior Center held a knitting clinic in March to teach Girl Scouts how to knit hats. The hats were for children with cancer going through chemo at Children’s Medical Center. Upcoming events include the Dallas Symphony Orchestra on June 9th and Lone Star Park on June 16th. Other activities include Supper Club at P. F. Changs on June 21st, a Health and Wellness Fair on June 1st, and a Father’s Day luncheon on June 15th. D. Councilmember Hunt reported that focus has been on the state legislative session. E. Councilmember Brancheau reported that Resilient Cities 2011 will be held on June 3rd-5th in Bonn, Germany. ICLEI’s European Convention 2011 will be held on September 12th-14th in Bussels, Belgium. The 1st World Congress on Mobility for the Future of Sustainable Cities will be on October 22nd-24th in Changwon, Korea. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Councilmember Franklin reported that Metrocrest Social Services is still awaiting word on major funding from the United Way and others. Bunny Summerlin reports that the Thrift Store at Belt Line and Josey is starting to be profitable. J. Mayor Pro Tem Tunnell reported that the annual General Assembly Luncheon will be help on June 17th at noon. The 2nd Annual Clean Air Action Day is 7:00a.m.-7:00p.m. on July 7th. On that day, everyone is asked to make at least one choice that benefits air cm052411 Page 7 of 8 quality. In March, NTCOG received a mobile work force unit to assist with unemployment in the area. K. Councilmember Hunt reported that the 40th Annual Member’s Luncheon is scheduled for September 28th. Leadership North Texas continues to accept applications. L. Councilmember Franklin reported that Senior Adult Services continues to celebrate May as Older Americans Month. The theme is “Connecting the Community” which emphasizes how older Americans enrich and strengthen the community. The golf tournament, “Tee It Up for Seniors” will be held on June 22nd at Brookhaven Country Club. 20. 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 cm052411 Page 8 of 8 Cm053111 Page 1 of 2 MINUTES OF MAY 31, 2011 The City Council of the City of Coppell met in a Special Called Session on Tuesday, May 31, 2011, at 5:30 p.m. in the 2nd Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Marsha Tunnell, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember (late arrival) Councilmember Hunt was absent. 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. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding the land purchase agreements associated with Northlake/Cypress Waters. Mayor Stover convened into Executive Session at 5:40 p.m. Councilmember Franklin arrived during the Executive Session. Mayor Stover adjourned the Executive Session at 6:23 p.m. and recessed the Budget Workshop until after the Crime Control and Prevention District meeting. The Budget Workshop reconvened at 6:42 p.m. Cm053111 Page 2 of 2 BUDGET WORKSHOP (Open to the Public) 3. Special Revenue Funds. 4. Water and Sewer Fund. 5. General Discussion. There being no further business, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary June 14, 2011 10/B ✔ PROCEDURAL Consider approval of accepting the resignation of Terra Taylor from the Keep Coppell Beautiful Board and appointing Shawn Thompson to fill the unexpired term. Terra Taylor has submitted a letter of resignation from the Board. Her appointment is set to expire December 2012. Staff recommends that Shawn Thompson be appointed to fill the completion of the term. Staff recommends acceptance of the resignation and approval of the replacement. %KCBresignation Thursday, May 05, 2011 Dear Cristal Rollins, I regret to inform you that I will not be able to fulfill my commitment to this board, as I will be moving out of Coppell on May 1, 2011. Thank you for the opportunity to serve my community and work with a dedicated bunch of individuals. I have enjoyed my time with the board and will remember you all fondly. Kind regards, Terra Taylor-Blackburn WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance June 14, 2011 10/C ✔ ORDINANCE Consider approval of an ordinance approving a negotiated settlement with Oncor Electric Delivery Company LLC., regarding the company's application to increase electric rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. Oncor requested to increase rates to generate an additional $353 million in revenue based on their 2011 rate filing. On February 8, 2011 the Coppell City Council passed a resolution to suspend Oncor's proposed rate increase to allow time to review and possibly negotiate a settlement. This original rate filing has been negotiated down to reflect a rate increase that will result in an increase in revenues of approximately $136.7 million or a reduction of more than 60% of the initial request. The monthly bill impact for an average residential customer will be $2.35. The Steering Committee of Cities recommends approval of this settlement and believes this outcome is equal to or better than the outcome expected, and avoids a costly contested case. Staff recommends approval. $Oncor - 1AR 1669-24/ 1284177 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Mr. Brocato’s Direct Line: (512) 322-5857 Email: tbrocato@lglawfirm.com M E M O R A N D U M TO: Steering Committee of Cities Served by Oncor FROM: Thomas Brocato DATE: May 11, 2011 RE: Oncor Electric Delivery Company's Rate Increase Settlement FINAL ACTION NEEDED BY_JUNE 17 The Executive Committee of the Steering Committee of Cities Served by Oncor, with the advice and input of the Steering Committee consultants and lawyers, has worked to resolve Oncor’s pending $353 million rate increase request without the necessity of a protracted and costly contested case proceeding. The attached tariffs reflect rates that will increase Oncor’s revenues by $136.7 million. The negotiated result reduces Oncor’s requested rate increase by more than 60%. The monthly bill impact for an average residential customer will be $2.35. The Steering Committee recommends approval of the negotiated resolution because it represents an outcome that is equal to or better than the outcome expected from a contested case proceeding, and maintains cities’ roles as regulators of electric rates. Attached to this memo is a model ordinance approving the settlement and staff report. Please schedule consideration of the ordinance at your next available council meeting. Final council action to approve the ordinance must take place by June 17, 2011. To assist you, several documents are attached to this memorandum: • An ordinance setting new rates consistent with the settlement agreement. The approved ordinance should include the attached tariffs (“Attachment A” and “Attachment B” to the ordinance), • A model staff report, • PUC 38929 final stipulation, • participating cities list, • residential increase (calculation for both 1,000 and 1,300 kWh for residential using January 1, 2012 rates) (excel file), and • copy of cities’ franchise fee payments (calculation with interest) (excel file). Page 2 May 27, 2011 If you have any questions, please feel free to contact Thomas (512/322-5857, tbrocato@lglawfirm.com). Once final action has been taken by your city, please forward a copy of the ordinance to Oncor and to our paralegal, Holly Paxton (fax number 512/472-0535, hpaxton@lglawfirm.com). Steering Committee of Cities Served by Oncor Participating Cities – Oncor Rate Case (Docket No. 38929) Addison Allen Alvarado Andrews Anna Archer City Argyle Arlington Bedford Bellmead Belton Benbrook Beverly Hills Big Spring Boyd Breckenridge Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Cameron Canton Carrollton Cedar Hill Celina Centerville Cleburne Coahoma Colleyville Collinsville Colorado City Comanche Commerce Coppell Copperas Cove Corinth Crowley Dallas Dalworthington Gardens DeLeon De Soto Denison Duncanville Early Eastland Edgecliff Village Ennis Euless Everman Fairview Farmers Branch Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Glenn Heights Grand Prairie Granger Grapevine Gunter Haltom City Harker Heights Henrietta Hewitt Highland Park Honey Grove Howe Hurst Hutto Iowa Park Irving Jolly Josephine Justin Kaufman Keller Kemp Kennedale Kerens Killeen Krum Lake Worth Lakeside Lamesa Lancaster Lewisville Lindale Little Elm Little River Academy Malakoff Mansfield McKinney Mesquite Midland Midlothian Murchison Murphy Nacogdoches New Chapel Hill North Richland Hills Northlake Oak Leaf Oak Point Odessa O’Donnell Ovilla Palestine Pantego Paris Parker Plano Pottsboro Prosper Ranger Red Oak Rhome Richardson Richland Richland Hills River Oaks Roanoke Robinson Rockwall Rosser Rowlett Sachse Saginaw Seagoville Sherman Snyder Southlake Springtown Stephenville Sulphur Springs Sunnyvale Sweetwater Temple Terrell The Colony Trophy Club Tyler University Park Venus Waco Watauga Waxahachie White Settlement Wichita Falls Willow Park Woodway Wylie 1669/24/1292628 STAFF REPORT The City, along with approximately 160 other cities served by Oncor Electric Delivery Company LLC (“Oncor” or “Company”), is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”). On or about January 7, 2011, Oncor filed with the City an application to increase electric rates. The Oncor filing sought a $353 million rate increase. The City worked with the Steering Committee to analyze the schedules and evidence offered by Oncor to support its request to increase rates. The Ordinance and attached rate and tariffs are the result of negotiations between the Steering Committee and the Company to resolve issues raised by the Steering Committee and other intervenors during the review and evaluation of the filing. The Ordinance resolves the Company’s filing by authorizing an increase in the Company’s base rate of $136.7 million. The monthly bill impact for the average residential customer will be a $2.35 increase (as opposed to the $5.00 per bill increase as proposed in the Company’s filing). The Executive Committee of the Steering Committee and the Steering Committee’s legal counsel recommend that all city members of the Steering Committee adopt the Ordinance implementing the rate change. Background: The tariff was approved by the Executive Committee of the Steering Committee as part of the settlement agreement to resolve the Oncor rate filing at the Public Utility Commission of Texas. As stated above, the agreement reduces Oncor’s request for a $353 million increase to $136.7 million. The agreement does not change the current authorized capitalization of 60% debt and 40% equity and return on equity of 10.25% from Oncor’s last rate proceeding. Also, the settlement results in a system-wide rate increase of 6.1%. Residential customers will see an increase of 6.2%, much lower than Oncor’s requested 14.6% increase. Street lighting rates will increase 13.8%, which is also lower than Oncor’s requested increase of 25.9%. Oncor has agreed that it will not file another general base rate case prior to July 1, 2013. However, as cities are regulatory authorities, cities may still initiate a rate case prior to that date. Additionally, consistent with the District Court’s reversal of the Commission’s decision relating to municipal franchise fees in Docket No. 35717, Oncor will increase franchise fees to the contractually agreed to amounts within 60 days of the final order, or July 1, 2011, whichever is later. Additionally, Oncor will pay cities retroactive franchise fees from the date the rates approved in Oncor’s prior rate case, Docket No. 35717, went into effect. Oncor will also pay cities’ rate case expenses and recover those amounts over three years with no carrying charges. Finally, at its own expense, the Company will reinstate Rider SCUD, which provides for a 20% discount for institutions of higher learning. Oncor Settlement Ordinance Staff Report 1 Purpose of the Ordinance: Rates cannot change and the Settlement Agreement with Oncor cannot be implemented without passage of rate ordinances by cities. The purpose of the Ordinance is to approve rate tariffs (“Attachment A” and “Attachment B”) that reflect the negotiated rate changes pursuant to the process and to ratify a Settlement Agreement recommended by the Steering Committee. As a result of the negotiations, the Steering Committee was able to reduce the Company’s requested $353 million increase to $13.6 million (a decrease of over 60% of the Company’s request). Approval of the Ordinance will result in the implementation of new rates that increase Oncor’s revenues in two phases: by $93.7 million effective July 1, 2011 (i.e. “Attachment A”) and by $43 million effective January 1, 2012 (“Attachment B”). Reasons Justifying Approval of the Negotiated Resolution: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of the Steering Committee have investigated the support for the Company’s requested rate increase. While the evidence does not support the $353 million increase requested by the Company, the Steering Committee consultants agree that the Company can justify an increase in revenues of $136.7 million. The agreement on $136.7 million is a compromise between the positions of the parties. The alternative to a settlement of the filing would be a contested case proceeding before the Public Utility Commission of Texas on the Company’s current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. The Executive Committee and counsel for the Steering Committee recommend that Steering Committee member cities take action to approve the Ordinance authorizing new rate tariffs. Explanation of “Be It Ordained” Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs (“Attachment A”) in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. 3. This section requires the Company to reimburse the Steering Committee for reasonable rate making costs associated with reviewing and processing the application. 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 6. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 7. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the Oncor Settlement Ordinance Staff Report 2 remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 8. This section is a “Most Favored Nations” clause, which protects the City by mandating that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s filing would be more beneficial to the City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. 9. This section provides for an effective dates upon passage. Approval of the Ordinance will result in the implementation of new rates that increase Oncor’s revenues in two phases: by $93.7 million effective July 1, 2011 (i.e. “Attachment A”) and by $43 million effective January 1, 2012 (“Attachment B”). 10. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for the Steering Committee. Oncor Settlement Ordinance Staff Report 3 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, (“CITY”) APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR (“STEERING COMMITTEE”) AND ONCOR ELECTRIC DELIVERY COMPANY LLC (“ONCOR” OR “COMPANY”) REGARDING THE COMPANY’S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR’S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas (“City”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “ Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”), a coalition of approximately 160 similarly situated cities served by Oncor that have joined together to facilitate the review of and response to electric issues affecting rates charged in the Oncor service area; and WHEREAS, on or about January 7, 2011, Oncor filed with the City its application to increase electric base rates by approximately $353 million, such increase to be effective in every municipality within Oncor’s service territory; and Oncor 2011 Rate Increase Ordinance 1 WHEREAS, the Steering Committee coordinated their review of Oncor’s filing by designating an Executive Committee made up of Steering Committee representatives, assisted by Steering Committee attorneys and consultants, to resolve issues identified by the Steering Committee in the Company’s filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by the Steering Committee’s rate experts concluded that Oncor is able to justify an increase over current rates of $136.7 million; and WHEREAS, the Steering Committee has entered a Settlement Agreement (“Attachment C”) with Oncor to increase base rate revenues by $136.7 million; and WHEREAS, the Executive Committee of the Steering Committee, and the Steering Committee’s lawyers and consultants recommend that Steering Committee members approve the attached rate tariffs (“Attachment A” and “Attachment B” to this Ordinance), which will increase the Company’s revenue requirement by $136.7 million; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by the Steering Committee and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and Oncor 2011 Rate Increase Ordinance 2 WHEREAS, the negotiated resolution of the Company’s filing and the resulting rates are, as a whole, in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds the existing rates for electric service provided by Oncor are unreasonable and new tariffs, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Section 3. That Oncor shall reimburse the reasonable ratemaking expenses of the Steering Committee in processing the Company’s rate application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s filing would be more beneficial to the Oncor 2011 Rate Increase Ordinance 3 City than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. Section 8. That this Ordinance and Settlement Agreement (“Attachment C”) shall become effective from and after its passage with rates authorized by attached Tariffs to be effective in two phases. Phase one tariffs (attached to this Ordinance as “Attachment A”), increasing Oncor’s revenues by $93.7 million, are effective for bills rendered on or after July 1, 2011. Phase two tariffs (attached to this Ordinance as “Attachment B”), increasing Oncor’s revenues by $43 million, are effective for bills rendered on or after January 1, 2012. Section 9. That a copy of this Ordinance shall be sent to Oncor, care of Autry Warren, Oncor Electric Delivery Company, LLC, 1601 Bryan St., 23rd Floor, Dallas, Texas 75201 and to Thomas Brocato, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this __________ day of ___________________, 2011. _________________________________ Douglas N. Stover, Mayor ATTEST: __________________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney Oncor 2011 Rate Increase Ordinance 4 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 June 14, 2011 10/D ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-185R2-LI, Coppell Industrial Addition (Uline-Tradepoint), a zoning change from PD-185R-LI (Planned Development-185 Revised-Light Industrial) to PD-185R2-LI (Planned Development-185 Revision 2-Light Industrial), to amend the Detail Site Plan to allow revised parking, landscaping, elevations and signage for the existing 600,000-square-foot building on 30.33 acres of property located at 980 Bethel Road and authorizing the Mayor to sign. On May 10, 2011, Council unanimously approved this ZONING CHANGE (7-0). On April 21, 2011, the Planning Commission unanimously recommended approval of this ZONING CHANGE (7-0). Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends APPROVAL @PD-185R2-LI,CIA(U-T)ORD-1 AR (con) 1 TM 49589.2.6111 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-185R-LI (PLANNED DEVELOPMENT-185 REVISED-LIGHT INDUSTRIAL) TO PD-185R2-LI (PLANNED DEVELOPMENT-185 REVISION 2-LIGHT INDUSTRIAL), TO AMEND THE DETAIL SITE PLAN TO ALLOW REVISED PARKING, LANDSCAPING, ELEVATIONS AND SIGNAGE FOR THE EXISTING 600,000-SQUARE-FOOT BUILDING ON 30.33 ACRES OF PROPERTY LOCATED AT 980 BETHEL ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF DETAIL SITE PLAN, TREE MITIGATION, LANDSCAPE PLAN, ELEVATIONS, ELEVATIONS – CPU AREA, AND SIGN PACKAGE ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, ”E”, “F”, AND “G”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-185R2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-185R-LI (Planned Development-185 Revised-Light Industrial) to PD-185R2-LI (Planned Development-185 Revision 2-Light Industrial), to amend the Detail Site Plan to allow revised parking, landscaping, 2 TM 49589.2.6111 elevations and signage for the existing 600,000-square-foot building on 30.33 acres of property located at 980 Bethel Road, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth: A. A maximum of three, five square foot movement control signs shall be permitted on this property, and shall be located as indicated on Exhibit “B”, Detail Site Plan and as illustrated on Exhibit “G”, Building Signage. B. One 60-square-foot, externally lit monument sign shall be permitted to be located along Bethel Road, as shown on Exhibit “B”, Detail Site Plan, and as illustrated on Exhibit “G”, Building Signage. C. That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-265, which is incorporated herein as set forth in full and hereby republished. SECTION 3. That the Detail Site Plan, Tree Mitigation, Landscape Plan, Elevations, Elevations – CPU Area, and Sign Package, attached hereto as Exhibits “B”, “C”, “D”, ”E”, “F”, and “G”, respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. 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 not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That 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 3 TM 49589.2.6111 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its 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 ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 6/1/11) SITE / BUILDING FEATURES x One-Story Office / Warehouse Building x 50'x40' Typical Bay Dimensions x 32' Clear Height x ESFR Fire Sprinkler System x Concrete Truck Court & Parking as shown x Building Monument Sign (Setback minimum of of 75' from the East & West Property Lines and 15' from the Bethel Road R.O.W.) x All Trash Dumpster / Compactor locations to be determined @ time of Tenant Improvements & will be screened as required x Fully Landscaped & Irrigated, refer to Landscape Plans submitted with Tenant Improvements x All Detention / Outflow Ponds are private & shall be maintained by Owner Tradepoint Building One Site Plan2N 0 SCALE 40 100 300 FEET LEGAL DESCRIPTION Coppell Industrial Addition, Lot 1, Block A (Volume 2000200, Page 00669) BUILDING ONE Total Site Area 1,321,350 s.f. (30.33 Acres) Building Area 600,000 s.f Building Height 44'-0" max. Zoning PD-185R-2 Proposed Use Office / Warehouse Facility Coverage (F.A.R)45.40% Car Parking Provided (Proposed)251 Spaces Total Existing Car Parking 230 Spaces Existing Car Parking to Remain 153 Spaces Existing Car Parking Spaces to be Demo'd (-) 77 Spaces New Car Parking Spaces (Proposed)(+) 98 Spaces Net Car Parking Increase (+) 21 Spaces Car Parking Required (per Proposed Tenant Uses)230 Spaces Office (35,000 s.f. @ 1:300)117 Spaces Warehouse (565,000 s.f. @ 1:5,000)113 Spaces Trailer Parking Provided (Proposed)32 Spaces Total Existing Trailer Parking 25 Spaces Existing Trailer Parking to Remain 0 Spaces Existing Trailer Parking Spaces to be Demo'd (-) 25 Spaces New Trailer Parking Spaces (Proposed)(+) 32 Spaces Net Trailer Parking Increase (+) 7 Spaces PRIVATE DRIVE EXISTING MONUMENT SIGN 10' LANDSCAPE EASEMENT30' BUILDG SETBACK10' LANDSCAPE EASEMENT F.H. F.H.24' FIRE LANE (TYP.)24' FIRE LANE (TYP.) TRUCK COURT LANDSCAPING PARKING (96)24' FIRE LANE (TYP.) TRUCK COURT 10' UTILITY EASEMENTBETHEL ROADTRUCK COURT 15' U.E. P.L. LANDSCAPING F.H. F.H. 24' FIRE LANE (TYP.)LANDSCAPINGLANDSCAPING 24' FIRE LANE (TYP.)24' FIRE LANE (TYP.)10' UTILITY EASEMENT15' U.E.F.H. P.L. P.L. Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Tradepoint Building One Site Plan2N 0 SCALE 40 100 300 FEET (9) SPACES NEW CAR PARKING (98 Spaces) PROPERTY LINE  #1ƒ :PROPERTY LINE #6ƒ :PROPERTY LINE  #1ƒ : PROPERTY LINE #1ƒ (40' COMMON ACCESS & PRIVATE UTILITY EASEMENT P.L. F.H.F.H.F.H. F.H.F.H.F.H. P.L.P.L.P.L.P.L.P.L.P.L.P.L. F.H. LANDSCAPING LANDSCAPING LANDSCAPING LANDSCAPING F.H. PRIV AT E D RI V E P R I V A T E D R I V EPROPOSEDMONUMENT SIGNPROPOSED DIRECTIONAL SIGN PROPOSED DIRECTIONAL SIGN PROPOSED DIRECTIONAL SIGN EXTENT OF FUTURE TRAILER PARKING ENLARGED CPU AREA PLAN 4/SP1.04 NEW TRAILER PARKING (23 spaces) EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING REMOVE LANDSCAPING & DEMO. ARCHITECTURAL PANEL ON WEST ELEVATION DEMO EXIST CURBS, LANDSCAPING & PAVING DEMO AREA 1 DEMO AREA 1 DEMO AREA 2 DEMO AREA 3 DEMO AREA 2 DEMO EXISTING CURBS, LANDSCAPING & PAVING DEMO AREA 3 DEMO EXIST CURBS & PAVING Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. CAR PARKING DATA New Car Parking 98 Spaces Landscape Islands 10 Islands Landscape Island Area 1,520 s.f. In order to meet the minimum requirements, a 98 space parking area would require (7) islands (1 island per 15 spaces) totaling 1,050 s.f. (150 s.f. per island). The proposed parking layout is designed to match the existing, adjacent parking and incorporates (10) smaller islands @ a more frequent ratio (1 island per 13 spaces) totaling 1,520 s.f. (85-110 s.f. each). The small, 85 square foot islands are shortened to allow for adequate drainage away from the parking area. Additionally, this layout provides a 5,000 s.f. island as a large physical & visual separation between the Car Parking and the Trailer Parking. TRAILER PARKING DATA New Trailer Parking 32 Spaces Landscape Islands 1 Island Landscape Island Area 1,340 s.f. In order to meet the minimum requirements, a 32 space parking area would require (3) islands (1 island per 15 spaces) totaling 450 s.f. (150 s.f. per island). The proposed Trailer parking layout is designed encourage greater landscape growth and to protect the existing fire hydrant, through the use of (1) large island with 1,340 s.f. of landscaping.PARKING (14)NEW TRAILER PARKING (9 spaces) (12) SPACES (13) SPACES (9) SPACES EXISTING CAR PARKING (43 Spaces) (+13) SPACES (+13) SPACES (+13) SPACES (+13) SPACES (+7) SPACES (+13) SPACES (+13) SPACES (+13) SPACES (17) SPACES(7) SPACES(4) SPACES(9) SPACES(14) SPACES(14) SPACES(9) SPACES(9) SPACES(5) SPACES(11) SPACES(-7) SPACES (-9) SPACES (-10) SPACES (-5) SPACES (-6) SPACES (-10) SPACES NOTE: NEW ISLAND LANDSCAPING = 7,956 S.F. (-5) SPACES Hwy. 121W. Bethel Road S. Royal LaneFreeport ParkwayInter s t a t e 6 3 5 Not to Scale Vicinity Map1NHwy. 121Project Site W. Bethel Road S. Royal LaneFreeport ParkwayInter s t a t e 6 3 5 Not to Scale Vicinity Map1N Creekview Drive DEMO AREA 4 (-8) SPACES DEMO AREA 5 (-17) SPACES DEMO AREA 4 DEMO AREA 5 DEMO EXIST CURBS & PAVING 15'-0" EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING EXTENT OF FUTURE TRAILER PARKING 980 980 0 SCALE 5'20'50 FEET Overall South Elevation1 Enlarged South Elevation5 0 SCALE 5'10'25 FEET Enlarged West Elevation6 0 SCALE 5'10'25 FEET T.O.PANEL 38'-8" SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) (11) FUTURE WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) 5 NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) (16) FUTURE CLERESTORY WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) 0 SCALE 5'20'50 FEET Partial West Elevation2 FUTURE CLERESTORY WINDOW LOCATIONS (DASHED)(26) NEW CLERESTORY WINDOW LOCATIONS @ WEST ELEVATION (STOREFRONT TO MATCH EXISTING) (2) NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) NEW O.H. DOCK DOORS w/ PIT LEVELERS 9'x10' CLEAR ANODIZED ALUM. & GLASS STOREFRONT (TYP. OF 6) - TO MATCH EXISTING CONCRETE RAMP @ ACCESSIBLE PARKING CONCRETE STAIRS (METAL STAIRS REMOVED) RAMP w/ GUARDRAILS TO SERVE (4) DOCK DOORS, (1) DOOR IN THIS AREA MAY BE ENLARGED TO A 12'x14' DOOR. NEW PIT LEVELERSMATCH LINEMATCH LINEMATCH LINENEW O.H. DOCK DOORS w/ PIT LEVELERS MATCH LINE0 SCALE 5'20'50 FEET Partial West Elevation3 0 SCALE 5'20'50 FEET Partial West Elevation4 T.O.PANEL 38'-8" T.O.PANEL 38'-8" NEW O.H. DOCK DOORS w/ PIT LEVELERS NEW O.H. DOCK DOORS w/ PIT LEVELERS NEW O.H. DOCK DOORS w/ PIT LEVELERS NEW PIT LEVELER NEW PIT LEVELERS NEW PIT LEVELERS NEW PIT LEVELERS NEW PIT LEVELER (26) NEW CLERESTORY WINDOW LOCATIONS @ WEST ELEVATION (STOREFRONT TO MATCH EXISTING) (26) NEW CLERESTORY WINDOW LOCATIONS @ WEST ELEVATION (STOREFRONT TO MATCH EXISTING) REMOVE ARCHITECTURAL PANEL IN FRONT OF BUILDING NEW PIT LEVELERS FUTURE CLERESTORY WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) FUTURE CLERESTORY WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) (2) NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) METAL ACCENT CANOPIES WITH SMOOTH FINISH PAINT-3 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) (2) NEW WINDOW LOCATIONS (STOREFRONT TO MATCH EXISTING) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM)SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM)6'-0"3'-0"11'-8"6'-0"3'-0"11'-8" SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. POTENTIAL WALL SIGN LOCATION "A" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "B" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "B" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "C" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "A" 99 s.f. (REF: SP1.05) 0 SCALE 5'20'50 FEET Overall North Elevation1 T.O.PANEL 33'-5" 0 SCALE 5'20'50 FEET Partial East Elevation3 Enlarged East Elevation5 0 SCALE 5'10'25 FEETMATCH LINEMATCH LINEMATCH LINEMATCH LINE0 SCALE 5'20'50 FEET Partial East Elevation2 0 SCALE 5'20'50 FEET Partial East Elevation4 NEW PIT LEVELERS SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) T.O.PANEL 38'-8" METAL ACCENT CANOPIES WITH SMOOTH FINISH PAINT-3 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) METAL LOUVER (PAINT TO MATCH ULINE CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) METAL ROOF ACCESS LADDER & CAGE, SMOOTH FINISH PAINT-4 (ULINE - CREAM) FUTURE CLERESTORY WINDOW LOCATIONS (DASHED) FUTURE CLERESTORY WINDOW LOCATIONS (DASHED) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) FUTURE LOUVER / STOREFRONT LOCATIONS (DASHED) ARCHITECTURAL PANEL ON EAST SIDE OF BUILDING TO REMAIN METAL LOUVER (PAINT TO MATCH ULINE CREAM) SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) EXISTING ALUMINUM & GLASS STOREFRONT EXISTING ALUMINUM & GLASS STOREFRONT SMOOTH FINISH CONCRETE SCREEN WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. T.O.PANEL 38'-8" (7) FUTURE DOCK DOORS (7) FUTURE DOCK DOORS POTENTIAL WALL SIGN LOCATION "D" 99 s.f. (REF: SP1.05) POTENTIAL WALL SIGN LOCATION "D" 99 s.f. (REF: SP1.05) CPU Area Elevation3 Enlarged CPU Area Plan4 CPU Area Plan1 0 SCALE 100 FEET10'40' O.H. DOCK DOOR w/ PIT LEVELER CLEAR ANODIZED ALUM. & GLASS STOREFRONT (TO MATCH EXISTING) INFILL CONCRETE & FINISH TO MATCH ADJACENT WHERE DOCK LEVELERS ARE REMOVED CONCRETE RAMP @ ACCESSIBLE PARKING METAL STAIRS TO BE REMOVED RAMP w / METAL GUARDRAILS RAMP TO SERVE (4) DOCK DOORS, w/ GUARDRAILS CLEAR ANODIZED ALUMINUM & GLASS STOREFRONT WHERE DOCK DOORS, LEVELERS & LOUVERS ARE REMOVED (TYPICAL @ 6 LOCATIONS) PARKING 24' FIRE LANE TRUCK LANE RAMP METAL STAIRS TO BE REMOVED 0 SCALE 5'10'25 FEET 0 SCALE 5'10'25 FEET CLEAR ANODIZED ALUM. & GLASS CLERESTORY WINDOWS Typical New Parking Detail2 0 SCALE 40 FEET10'20' 19'-0"25'-0"19'-0"VARIESPROPERTY LINE24' FIRE LANE (TYP.) TYPICAL LANDSCAPE ISLAND @ EXISTING FIRE HYDRANT 9'-0"FUTURE CLERESTORY WINDOW LOCATIONS (DASHED) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-1 (ULINE - CREAM) SMOOTH FINISH CONCRETE TILTUP WALL PANELS WITH TEXTURED PAINT-2 (ULINE - GREEN) REMOVE CANOPY FROM WEST DOCK FACE IRRIGATED LANDSCAPING 158'-7"52'-0"8'-0"8' DEEP LANDING AT TOP OF RAMP RAMP 8' DEEP LANDING LANDSCAPING Owner 2560 Cedar Springs, 800 Dallas, Texas 752 01 Contact: Jeanna Camp Contact: Richard Greth Tel: 214-647-4928 Fax: 214-647-4901 Jeanna.Camp@ingclarion.com Richard.Greth@hillwood.com Architect 301 S. Oak Street, Ste. 100 Roanoke, Texas 76262 Contact: Rick Gilliland Contact: Shane Harris Tel: 817-430-3382 www.rgaarchitects.com rick@rgaarchitects.com shane@rgaarchitects.com Civil Engineer 2080 N. Highway 360 Grand Prairie, TX 75050 Contact: Jeff Roberts TBPE Firm No. 312 Tel: 214-201-1270 www.halff.com JFRoberts@Halff.com Landscape Architect 1708 N. Griffin Street Dallas, Texas 75202 Contact: Steve Rahn Contact: Chris Tronzano Tel: 214-871-0083 Fax: 214-871-0545 smr@smr-la.com ctronzano@smr-la.com smr LIT HW1, L.P. 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 June 14, 2011 10/E ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-240R3-HC, North Gateway Plaza, Lot 6, Block A, a zoning change from PD-240-HC (Planned Development-240-Highway Commercial) to PD-240R3-HC (Planned Development-240 Revision 3-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 0.67 acres to allow the development of a 4,171-square-foot medical office located at 755 North Denton Tap Road and authorizing the Mayor to sign. On May 10, 2011, Council unanimously approved this ZONING CHANGE (7-0). On April 21, 2011, the Planning Commission unanimously recommended approval of this ZONING CHANGE (7-0). Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends APPROVAL @PD-240R3-HC, NGP, ORD-1 AR (con) TM 49539.2.52611 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-240- HC (PLANNED DEVELOPMENT-240-HIGHWAY COMMERCIAL) TO PD-240R3-HC (PLANNED DEVELOPMENT-240 REVISION 3- HIGHWAY COMMERCIAL), TO AMEND THE 12.36 ACRE CONCEPT PLAN AND TO ATTACH A DETAIL SITE PLAN ON 0.67 ACRES TO ALLOW THE DEVELOPMENT OF A 4,171-SQUARE- FOOT MEDICAL OFFICE LOCATED AT 755 NORTH DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE CONCEPT SITE PLAN, DETAIL SITE PLAN, DETAIL LANDSCAPE PLAN AND DETAIL ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E” RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD- 240R3-HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-240-HC TM 49539.2.52611 (Planned Development-240-Highway Commercial) to PD-240R3-HC (Planned Development- 240 Revision 3-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 0.67 acres to allow the development of a 4,171-square-foot medical office located at 755 North Denton Tap Road and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A) That the property shall be used and developed in accordance with Ordinance 91500-A-524, which is incorporated herein as set forth in full and hereby republished, except as amended herein. B) An offsite easement for traffic circulation and fire lane from the adjacent property owners for North Gateway Plaza, shall be dedicated by separate instrument and filed for record prior to the approval and recordation of the Final Plat for North Gateway Plaza Addition, Lot 6, Block A . C) A 20-foot side yard setback is being provided along the north property line of Lot 6 Block A. Minimum side yard setback along the southern property line of Lot 7, Block A of the North Gateway Plaza Addition shall be 40 feet. D) No perimeter landscaping is required along the southern boundary, provided that five, 3-inch caliper trees, from the approved tree palette in the Code of Ordinances, shall be planted and maintained in a living condition within this site, as depicted on Exhibit “D”. SECTION 3. That Concept Site Plan, Detail Site Plan, Detail Landscape Plan, and Detail Elevations attached hereto as Exhibits “B”, “C”, “D” and “E”, respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Highway Commercial (Highway Commercial) District TM 49539.2.52611 regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. 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 not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. TM 49539.2.52611 SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its 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 ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb [reviewed only]) EXHIBIT “A” LEGAL DESCRIPTION Being a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327, in the City of Coppell, Dallas County, Texas, being a portion of that same tract of land conveyed to CDI Gateway LTD by deed recorded in Volume 2005109, Page 11570, of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at an "X" set in concrete for corner in the West right-of-way line of N. Denton Tap Road (135 foot R.O.W.), said point being the Northeast corner of Lot 5, Block A of North Gateway Plaza Addition, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Instrument No. 200900228162 of the Map Records of Dallas County, Texas, same being the Southeast corner of herein described tract; Thence North 89 Degrees 48 Minutes 34 Seconds West, along the North line of said Lot 5, a distance of 249.73 feet to an "X" set in concrete for corner; Thence North 64 Degrees 29 Minutes 10 Seconds West, continuing along the North line of said Lot 5, passing at a distance of 14.32 feet, the Northwest corner of said Lot 5 and continuing for a total distance of 19.14 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS" said point being the Southwest corner of herein described tract; Thence North 00 Degrees 02 Minutes 21 Seconds West, a distance of 100.56 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS", said point being the Northwest corner of herein described tract; Thence South 89 Degrees 48 Minutes 34 Seconds East, a distance of 267.05 feet to a 1/2 inch iron rod set for corner with a yellow cap stamped "TXHS" in the West right-of- way line of said N. Denton Tap Road, said point being the Northeast corner of herein described tract; Thence South 00 Degrees 00 Minutes 41 Seconds East, along the West right-of-way line of said N. Denton Tap Road, a distance of 108.75 feet to the Point of Beginning and containing 28,968 square feet or 0.67 acres of land.             "WILKEN FAMILY EYE CARE"NORTH GATEWAY PLAZACOPPELL, TEXAS755 N. DENTON TAP RD. 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 June 14, 2011 11 ✔ CONTRACT/BID or PROPOSAL Consider approval of Advanced Funding Agreement Amendment #1 between the State of Texas, acting through the Texas Department of Transporation (TxDOT), and the City of Coppell to terminate the original agreement for the widening of Sandy Lake Road from North Coppell Road to South Coppell Road, executed on April 21, 2006; and authorizing the Mayor to sign and execute all necessary documents. Approval will reject federal money currently allocated to the project. This will allow the City to save money on the overall construction by building to City standards and expedite the construction time line. Staff will be available to answer any questions at the Council meeting. Staff recommends approval of this Amendment #1. # Sandy Lake withdraw contract 1 MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: June 14, 2011 RE: Consider approval of Advanced Funding Agreement Amendment #1 between the State of Texas, acting through the Texas Department of Transporation (TxDOT), and the City of Coppell to terminate the original agreement for the widening of Sandy Lake Road from North Coppell Road to South Coppell Road, executed on April 21, 2006; and authorizing the Mayor to sign and execute all necessary documents. On February 28, 2006, the City of Coppell approved a Local Transportation Project Advanced Funding Agreement with the State of Texas concerning partial funding of the section of Sandy Lake Road between North Coppell Road and South Coppell Road. The State approved the funding on April 21, 2006. The amount of the contribution was $1,000,000.00; however, the project itself was an 80/20 match so the effective funds to the City of Coppell was $800,000.00. When a project has this type of funding, the actual agency running the project is not the City of Coppell. In this case, it is TxDOT. The City began working with TxDOT in 2006 concerning the design of the project. Approximately 3 years ago, issues were raised concerning the City’s ability to dedicate right of way from Thweat Park for the expansion of Sandy Lake Road. After years of discussion, it was determined that Thweat Park was a significant portion of the City’s park system. Therefore, right of way could not be dedicated from the park for the roadway expansion without going through an extensive environmental permitting process, which also would include a no impact option. During the period of time trying to ascertain our ability to dedicate right of way at Thweat Park, it is our understanding federal guidelines have also changed concerning the design of these types of roadways. We have been informed that the street section will need to be wider than currently designed by TxDOT, which will create additional delay for redesign of the project. The City did meet with TxDOT representatives in late 2010 to discuss the status of the project and the future costs that would be incurred on the project. Taken all available information into account, a cost comparison was generated to determine if staying the course with the $800,000.00 of federal funding was the appropriate action. 2 Based on the best available information at this time, it appears that proceeding with the project with federal funding will not only result in a more expensive project but will also result in a longer time frame to start the project. As recently as April 4, 2011, I was notified by TxDOT that an additional $81,259.00 would be deducted from the available funds per an obligation limitation under the SAFETEA-LU authorization bill. Taken all information into account, it appears that the City project could have an overall savings of over $300,000.00 and could construction of the project by several years if it is constructed as a city project. Council may recall that the initial funding was initiated through the office of Congressman Kenny Marchant. I have attempted several times to make contact with Congressman Marchant’s aide to discuss this project. To date, he and I have been unsuccessful in making contact. Considering all factors, staff recommends the approval of the Advanced Funding Agreement Amendment #1, which in effect would terminate the original Advanced Funding Agreement. If this is approved, the City of Coppell would still need to issue a check to TxDOT for services rendered. That check would be in the amount of approximately $100,000.00. As seen on the attached cost comparison, TxDOT has spent approximately $107,045.00 to date; however, the City of Coppell has only paid in $9,594.00. Staff recommends approval and will be available to answer any questions at the Council meeting. Sandy Lake between North Coppell and South Coppell Road Continue with Federal Funding (bid 2014) Revert back to City standards (bid 2012) 1,000,000$ Federal Funding $ - (200,000)$ City 20% share $ - 800,000$ -$ (147,600)$ Cost to redesign project to Federal standards $ (147,600) 652,400$ (147,600)$ (107,045)$ TxDOT costs, to date, for review and oversight $ (107,045) 545,355$ (254,645)$ 9,594$ Money already paid to TxDOT $ 9,594 554,949$ (245,051)$ -$ Scope change to revert back to City standards (70,000)$ 554,949$ (315,051)$ (120,000)$ Scope changes for environmental permit $ - 434,949$ (315,051)$ (20,000)$ Estimated additional TxDOT charges $ - 414,949$ (315,051)$ (22,000)$ Estimated environmental consultant fee $ - 392,949$ (315,051)$ (81,259)$ Additional Congressional reduction -$ 311,690$ (315,051)$ (4,517,900)$ Estimated construction cost to Federal standards $ - -$ Estimated construction cost to City standards $ (3,563,500) (4,206,210)$ Total estimated cost (3,878,551)$ Save about $330,000 by reverting back to City standards and start construction about 1.5 to 2 years sooner Created 3/9/2011 Revised 6/3/2011 Seite 1 From: "Wes McClure" <Wes.McClure@txdot.gov> To: "Ken Griffin" <kgriffin@coppelltx.gov> CC: "Kelly Davis" <Kelly.Davis@txdot.gov> Date: 5/31/2011 11 :28 AM Subject: Re: Fwd: Amendment #1 -Termination CSJ: 0918-45-773 Ken, This figure was intended to be an approximation. We don't run a final figure until formal termination or closeout. Kelly Davis handles closeouts for the District but unfortunately she is on vacation this week. I can ask her to review next week when she returns but given our process she will not be able to provide a final figure until formal termination is complete. I will say that the total charges I see in our system now is $107,045.89. This $6,000 increase may be due to some final billings by a consultant who was working on the 4f study. Wes »> "Ken Griffin" <kgriffin@coppelltx.gov> 5/31/2011 10:35 AM »> Wes I'm preparing the Agenda Item for our June 14th Council meeting to terminate the Advanced Funding Agreement. Per your 1/27/2011 email, we will owe $91,563.47 (101,157.71 -9,594.24) after the termination. Is this still the final accounting costs? Thanks for your help, Ken Griffin, P.E. »> "Wes McClure" <Wes.McClure@txdot.gov> 5/2/2011 2:51 PM »> Good Afternoon Ken, I had the attached termination drafted for Sandy Lake Rd. If the City supports termination at this time please print two copies and have them signed by the Mayor and return to me. We will then have the amendment executed and complete closeout. My mailing address is as follows: Texas Dept. of Transportation Attn: Wes McClure 4777 E. Highway 80 Mesquite, TX 75150-6643 Please contact me with any questions you may have. Wes Wesley G. McClure, P.E. Dallas District Programming Engineer TxDOT Dallas District (214) 320-4461 »> Annette Cuevas 5/2/2011 2:39 PM »> Wes, 61 i20f1 }Kem Griffin -Re: Fwd: Amendment 1 -Termination CS J: 0918-45-773 Seite 2 The attached termination amendment has been approved for partial execution. Thank You, Annette ======================= Buckle up! Safety belts and child safety seats save lives prevent injuries and can also keep you from getting a ticket. Click it or Ticket. www .txdot.gov/safety/clickit.htm ======================= Buckle up! Safety belts and child safety seats save lives prevent injuries and can also keep you from getting a ticket. Click it or Ticket. www .txdot.gov/safety/click it.htm Ken Griffin -Re: CSJ: 0918-45-773, Sandy Lake Rd., City of Coppell (City project # ST 99-02 Bl) From: Ken Griffin To: Ali Taheri; Keith Marvin; Wes McClure Date: 5/3112011 1:54 PM Subject: Re: CSJ: 0918-45-773, Sandy Lake Rd., City of Coppell (City project # ST 99-02 B 1) Wes I'm trying to determine how the amount was reduced from $801,180 to $719,921, a difference of$81,259 or 10.14%. If it is funded at 80%, wouldn't the amount be $640,000 (800,000 *.80)? I'm just trying to update my comparison chart between state and city construction. Thanks Ken Griffin, P.E. »> "Wes McClure" <Wes.McClure@txdot.gov> 4/4/2011 2:59 PM »> Hello Ken, I don't recall the discussion of 20 12 vs 2014 but the project is listed in the TIP for FY 2012 and TxDOT tries to advance projects according to NCTCOG's schedule. We have another issue related to the Congressional Demonstration funds that you need to know about. The funds are under an obligation limitation per SAFETEA-LU Authorization bill and subsequent appropriations acts that effectively limit the funds to 80% of the total funds authorized. The reduction would be from $801,180 to $719,921.00 according to our records. Wes Wesley G. McClure, P.E. Dallas District Programming Engineer TxDOT Dallas District (214) 320-4461 »> "Ken Griffin" <kgriffin@coppelltx.gov> 4/4/2011 2:33 PM »> Ali At the December meeting, it was stated that the earliest that the project could be bid was January 2014, not 2012 . The 2014 date is one of the items that the city is considering as we discuss how to proceed . The City Manager's office and the City Council have been briefed on this project. We are currently in the process of making contact with Congressman Kenny Marchant to discuss this project. Once that meeting takes place we will be in touch with you to discuss the funding on the project. However, it would be helpful if prior to our meeting with Congressman Marchant if we could have a clarification on when the project is set to go to bid by TxDOT. Is it 2012 or 2014? Thank You, Ken Griffin, P. E. Director of Engineering and Public Works »> "Ali Taheri" <Ali.Taheri@txdot.gov> 4/4/20 II 9:51 AM »> Gentlemen, It is while since our last meeting here in our District office (December 16 , 2010 to be exact). This project is partially funded by Federal Fund. In that meeting Ken Griffin express his desire to put the project on hold further notice, so he can discuss the mater with City Mgr and get back to us. after X-mass holiday. This Project is scheduled to be let on January 2012 , and is seriously behind schedule. As Wes mentioned in our Dec. 16th meeting, if the City wants to build the project totally with the City funding verses with Fed. contribution, then we need to have an official letter from the City to express so . I would appreciate your quick response. If you have any questions or comments don't hesitate to e-mail or call me at the number below. Ali Taheri, P.E Dallas Dist Project Delivery Office 4777 E . Highway 80 Mesquite, Texas 75150 (214)319-6566 (Tel.) (214)320-4408(FAX) e-mail: ali.taheri@txdot.gov ========================== Please use caution when driving through work zones . Find more information about work zone safety at www.txdot.gov/safety/tips/Work_zones.htm Please use caution when driving through work zones. Find more information about work zone safety at www.txdot.gov/safety/tipslWork_zones.htm CSJ #0918-45-773 District # 18 - Dallas Code Chart 64 # 09700 Project: From N Coppell Road to S Coppell Road Federal Highway Administration CFDA # 20.205 Not Research and Development AFA–AFA_Amend Page 1 of 2 Revised 04/08/11 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Coppell, acting by and through its duly authorized officials, called the Local Government. W I T N E S S E T H WHEREAS, the State and the Local Government executed a contract on the 21st of April 2006 to effectuate their agreement to develop and construct the widening of Sandy Lake Road from N Coppell Road To S Coppell Road to a four lane divided roadway in the City of Coppell; and, WHEREAS, the Local Government has requested that this Project be withdrawn and terminated; WHEREAS, it has become necessary to terminate that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: A G R E E M E N T 1. Description of Amended Items The original agreement, executed on April 21, 2006, is terminated in its entirety. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. CSJ #0918-45-773 District # 18 - Dallas Code Chart 64 # 09700 Project: From N Coppell Road to S Coppell Road Federal Highway Administration CFDA # 20.205 Not Research and Development AFA–AFA_Amend Page 2 of 2 Revised 04/08/11 THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Janice Mullenix Director of Contract Services Texas Department of Transportation _________________________________ 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: Engineering June 14, 2011 12 ✔ CONTRACT/BID or PROPOSAL Consider approval of a contract with JQ Infrastructure in the amount of $146,940.00 for the design of Vanbebber Drive and Sandy Knoll Drive as provided for by the ¼ Cent Sales Tax for Street Maintenance; and authorizing the City Manager to sign and execute necessary documents. This contract will allow the City of Coppell to continue residential street improvements throughout the City of Coppell. Staff will be available to answer any questions at the Council meeting. Funds for this contract are available from the 1/4 per cent sales tax for street maintenance. Staff recommends approval of this design contract. # Quarter cent tax design contract MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: June 14, 2011 RE: Consider approval of a contract with JQ Infrastructure in the amount of $146,940.00 for the design of Vanbebber Drive and Sandy Knoll Drive as provided for by the ¼ Cent Sales Tax for Street Maintenance; and authorizing the City Manager to sign and execute necessary documents. This item continues our efforts at replacement of street infrastructure that has exceeded its life expectancy. This work is being funded by the ¼ cent sales tax allocated to street maintenance, and approved by the voters in November 2007. The two streets included in this contract are Vanbebber Drive and Sandy Knoll Drive. These two streets are located south of Sandy Lake Road between Denton Tap Road and Moore Road. This contract proposal is for surveying and design services for Vanbebber Drive (from Denton Tap Road to Heartz Road), and Sandy Knoll Drive (from Sandy Lake Raod to Woodhurst Drive). These streets are shown on the attached exhibit as Tax 2011. JQ Infrastructure is based in Dallas, Texas, and is a multi disciplinary engineering firm. While the city has not previously used this firm, the principal in charge and project manager for our project has performed work for the City in the past. The City has interviewed all members of the proposed project team, checked references from current and past clients and reviewed plans produced for similar projects. It is our opinion that this firm is qualified, and capable of completing this project. Staff recommends approval of this design contract in the amount of $146,940.00 as provided by the ¼ Cent Sales Tax for Streets Maintenance. Staff will be available to answer any questions at the Council meeting. POSITION RATE/HR. PRINCIPAL $185 SENIOR PROJECT MANAGER (PE) $140 ENGINEER (PE) $120 CONSTRUCTION SERVICES (PE) $125 ENGINEER (EIT) $105 DESIGNER $90 TECHNICIAN/DRAFTER $75 ADMINISTRATION $50 EXPENSES Plotting Printing Bond $4.00 per plot Bluelines/Blacklines $0.55 per square foot Color $15.00 per plot Offset and Xerox Copies/Prints $0.10 per side copy Vellum $11.50 per plot Color Copies/Prints $0.50 per side copy Mylar $15.00 per plot Binding $0.75 per book Travel 47¢ per mile OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Dallas and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. Effective January, 2011 Adjusted annually Residential Street Improvements, 1/4 Cent Sales Tax Fund, FY 2011 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \TAX 2011 Created on: 31 May 2011 by Scott Latta 1/2 1/2 1 1 INCH = FT. 0 600 600 300 Residential Street Improvements, 1/4 Cent Sales Tax Fund, FY 2011 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \TAX 2011 Created on: 31 May 2011 by Scott Latta AREA OF PROPOSED STREET RECONSTRUCTION 2/2 CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the _______day of ______________, 2011, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and JQ Infrastructure, hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Reconstruction of Vanbebber Road and Sandy Knoll Drive, hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. Page 2 AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services Parts I & II: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 3 3. Compensation. A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Fee shall not exceed the lump sum of One hundred and forty-six thousand, nine hundred and forty dollars ($146,940.00) provided, however, that modifications to the Basic Services, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. Page 4 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with number of complete sets of drawings specifications and electronic file copies as described in Attachment A. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Page 5 Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, Page 6 including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or Page 7 partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. Page 8 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. Page 9 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas ______________________ ______________________ ______________________ ______________________ Engineer: JQ Infrastructure C. Raajan Mehta, P.E. 2105 Commerce St., Ste. 200 Dallas, Texas 75201 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL ENGINEER: JQ Infrastructure BY: BY: ______________________ C. Raajan Mehta, P.E. - Principal City Manager Name & Title Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) Page 10 ATTACHMENT "A" BASIC SERVICES Task 1 – General Requirements ENGINEER shall perform all general administrative duties associate with the project, including progress monitoring, scheduling, general correspondence, office administration and invoicing. These duties include maintaining day to day contact and liaison with the OWNER, ensuring the needs of the OWNER are met in a timely manner and ensuring that the work is executed in accordance with the work plan, budget and schedule. ENGINEER will attend one (1) Project Kickoff Meeting and will attend up to six (6) Project Progress Meetings during the design phase of the project. ENGINEER will prepare notes, minutes, memorandums and reports and provide copies of these documents as required by the OWNER as required for completion of tasks outlined this Scope of Work. Limits of Project The general limits of this project can be defined as follows: 1. Vanbebber Road – From north Right-of-Way boundary to south Right-of-Way boundary, from east intersection of Vanbebber Road and Denton Tap Road, to west intersection of Vanbebber Road and Heartz Road, approximately 1,300 linear feet. 2. Sandy Knoll Drive – From east Right-of-Way boundary to west Right-of-Way boundary, from south intersection of Sandy Knoll Drive and Sandy Lake Road to north intersection of Sandy Knoll Drive and Woodhurst Drive, approximately 2,000 linear feet. Task 2 – Survey ENGINEER will provide services of a State of Texas Registered Professional Land Surveyor to provide boundary, right-of-way, and topography survey of Vanbebber Road, approximately 1,300 linear feet from Denton Tap Road to Heartz Road, and Sandy Knoll Drive, approximately 2,000 linear feet from Sandy Lake Road to Woodhurst Drive, for the design of road pavement, sidewalk, and utility reconstruction. Scope of Work includes the following: 1. Coordination with the City of Coppell to provide survey notification and/or right-of- entry letters to adjacent property owners. Page 11 2. Horizontal and vertical survey control will be based on the City of Coppell Geodetic Control Network. 3. As a minimum, provide a temporary benchmark every 1,000 feet. Temporary benchmarks will not be placed on curbs, sidewalks, or in pavements subject to reconstruction. 4. Research Dallas County Appraisal District records for property owner names and property addresses. 5. Research Deed Records of Dallas County, Texas, for right-of-way lines, sidewalk easements along Vanbebber Road, and adjacent lot boundary or parcel boundary information. 6. Locate and measure property boundary monuments to verify the right-of-way location. 7. The topography survey will include the entire street right-of-way width. Cross sections will be measured every 50 feet from right-of-way line to right-of-way line, including all grade breaks and visible improvements inside the right-of-way and a minimum of 10 feet outside of the right-of-way. 8. The topography survey will extend 100 feet in all directions at every street intersection and at every alley intersection. 9. The topography survey will extend to either the front porch or finished floor elevations of the houses fronting the project streets. Obtain sufficient field information needed for the design of new sidewalks for compliance with the American Disabilities Act. 10. Map the location of improvements including, but not limited to the following: a. Curbs, curb gutters, sidewalks, driveways, driveway approaches, and pavements b. Esplanades or medians c. Curb inlets and/or storm drains with flowline elevations d. Storm drain manholes with flowline elevations and pipe sizes e. Water meters and water valves. Provide top of nut elevations of water valves. f. Fire hydrants g. Wastewater manholes with flowline elevations and pipe sizes h. Wastewater clean outs i. Irrigation control valves j. Gas meters and valves k. Light poles, power poles, and down guy wires Page 12 l. Electric transformers and boxes m. Telephone pedestals and boxes n. Traffic signal control boxes o. Traffic signs and utility signs p. Mailboxes q. Privacy walls and retaining walls with height and type of material identified r. Fences with height and type of material identified s. Trees with their sizes and types identified t. Shrubs and landscape areas 11. Provide finished floor elevations of the houses at the following addresses to verify new grading design at the intersection of Sandy Knoll Drive and Shadowcrest Lane: a. 401 Sandy Knoll Drive b. 468 Shadowcrest Lane c. 469 Shadowcrest Lane d. 505 Shadowcrest Lane 12. Submit underground utility lines location request to Texas 811. Map the locations of paint marks and/or pin flags left by utility locators. EXCLUDED FROM THIS SCOPE 1. Subsurface utility engineering level “A” and level “B” investigation. 2. Subdivision platting. 3. Preparation of parcel plat with metes and bounds description for new easement exhibits. 4. Construction staking. 5. As-Built Survey Task 3 – Detailed Design ENGINEER will prepare detailed design drawings, specifications and bid documents for the reconstruction of road pavement, sidewalk, and water, sewer and storm sewer at Vanbebber Road, from Denton Tap Road to Heartz Road, and Sandy Knoll Drive, from Sandy Lake Road to Woodhurst Drive, for the design. Scope of Work includes the following: Page 13 1. Preparation of detailed plans and specifications, incorporating the OWNERS most current design standards and details. Design plans will be prepared using AutoCadd Version 2010. Digital files of all design plans will be delivered to the OWNER at the completion of the project. 2. Plan reviews will be conducted at the 60%, 90% and 100% design stages. Comments from OWNER will be addressed and incorporated into each subsequent review set and into the final signed and sealed bid documents. 3. Each set for OWNER review will be submitted in hardcopy format. Review plans and specifications will be bound. Four (4) complete hardcopies of each review set comprised of two (2) full size 22 x 34 drawings and two (2) half size 11 x 17 drawings and two (2) sets of specifications including bid documents, will be delivered to the OWNER. One electronic copy of the complete review submittal set including drawings and bid documents in a *.PDF format shall be delivered to the OWNER. A single copy of electronic CADD drawing files formatted in AutoCadd Version 2010 shall be delivered with each progress review submittal at OWNERS request. 4. Design shall include the following: a. Pavement removal and reconstruction within the limits of the project. Horizontal, vertical profile and cross sections at 50 ft. intervals, and all driveway, intersections, and alley crossings that do not fall at the 50 ft. interval location. b. Grading plans shall include the design of retaining walls as necessary to achieve the proposed grades within the limits of the project. c. Water pipeline removal and reconstruction including service connections up including replacement of meter can and setter, hydrants, flushing connections, etc., within the limits of the project. Meter replacement will be shown at locations determined by the OWNER and meters shall be specified to be provided by OWNER and installed by the contractor. d. Sanitary sewer pipeline removal and reconstruction including all manholes, lateral connections and service connections up to the right-of-way and within the limits of the project. e. Removal and replacement of sidewalks and design of additional sidewalks as agreed upon by the OWNER and ENGINEER, within the limits of the project. f. Removal and replacement of drive approached and drives up to the right-of- way or to a point as determined by the ENGINEER and approved by the OWNER. g. On and off-site drainage analysis and evaluation of existing storm water conveyance capacity, both surface and storm sewer, for each roadway segment included in this scope of work. Page 14 h. Removal and replacement of storm sewer system and extension/expansion of the storm sewer system within the limits of the project, as agreed upon by OWNER and ENGINEER. i. Signage and striping plan. j. Preparation of traffic control notes and specifications. 5. ENGINEER shall deliver four (4) sets of bidding documents to the OWNER that consist of two (2) full size 22 x 34 drawings and two (2) half size 11 x 17 drawings and four ( 4) sets of specifications that include standard bid tab, bid forms, etc., and technical specifications. A single copy of electronic CADD drawing files formatted in AutoCadd Version 2010 shall be delivered with the bid document submittal at OWNERS request. 6. At OWNERS discretion, the plans for Vanbebber Road and Sandy Knoll Drive may be combined into a single set of construction documents or will be divided into two separate construction projects. Task 4 – Bidding Assistance ENGINEER shall assist the OWNER during the construction phase and provide the following services: 1. Attend up to two (2) pre-bid meetings, one meeting for each potential construction project. 2. Respond in writing to all Contractor submitted questions, requests for clarification, and requests for information (RFIs). 3. Publish all bid addenda including revisions to bid documents, specifications and engineering plans. 4. ENGINEER shall reproduce, and distribute bid documents to prospective bidders in either full size or half-size hardcopy format as requested by the prospective bidder. ENGINEER shall maintain a current list of plan holders during the bidding period. 5. Review all bid tabulations and assist the OWNER in recommendation of award to qualified contractor. 6. Combine all written addenda into a conformed set. Deliver fifteen (15) sets of plans and specifications to OWNER that consist of ten (10) full size 22 x 34 drawings and five (5) half size 11 x 17 drawings and fifteen (15) sets of specifications that include completed bid tab, bid forms, etc., and technical specifications. A single copy of Page 15 electronic CADD drawing files in formatted in AutoCadd Version 2010 and a *.PDF file shall be delivered with conformed set submittal at OWNERS request. Task 5 - Construction Phase Services ENGINEER shall assist the OWNER during the construction phase and provide the following services: 1. Attend one (1) public review/informational meeting per street at OWNERS request. 2. Attend pre-construction coordination meeting. 3. Attend a minimum of (6) construction progress meetings per street project (minimum of 12 total meetings) to coordinate portions of the work related to the ENGINEER’s design. 4. Attend up to six (6) site visits to observe construction of portions of the work related to the ENGINEER’s design. 5. Perform review of submittals for work related to the ENGINEER’s design. 6. Provide written responses to RFI submittals for work related to the ENGINEER’s design. 7. Provide review and written responses for Contractor Change Order Requests and Requests for Information. 8. Attend one (1) walk-through to perform substantial completion review and generate a written punch list of items for Contractor to complete. 9. Attend one (1) final walk-through to review the completed punch list. 10. Provide full-size original mylars, one (1) black line hardcopy, electronic PDF and CADD formatted Record Documents that reflect the As-Built conditions. A single copy of electronic CADD drawing files formatted in AutoCadd Version 2010 shall be delivered with as-built submittal. 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 June 14, 2011 13 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Engineering Services Contract with Fugro Consultants, Inc. to provide professional engineering services for the Pavement Condition Survey and Pavement Management Services, Project #Tax 2010D in an amount of $100,088.90; as provided for in ¼ Cent Sales Tax for Street Maintenance funds; and authorizing the City Manager to sign and execute all necessary documents. Approval of this contract will allow us to evaluate the current street condition in an effort to be more proactive in street repairs. Staff will be available to answer any questions at the Council meeting. Funds for this contract are available from the 1/4 per cent sales tax for Street Maintenance. Staff recommends approval of this Contract. #Tax 2010D Street Inventory MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering & Public Works FROM: George Marshall, P.E., Civil Engineer DATE: June 14, 2011 REF: Consider approval of an Engineering Services Contract with Fugro Consultants, Inc. to provide professional engineering services for the Pavement Condition Survey and Pavement Management Services, Project #Tax 2010D; for an amount not to exceed of $100,088.90; as provided for in ¼ Cent Sales Tax for Street Maintenance funds; and authorizing the City Manager to sign and execute all necessary documents. This agenda item is to award a professional services contract to Fugro Consultants, Inc. to provide the city with a pavement condition survey of all streets and alleys within the city. The consultant will collect distress and profile data and right-of-way digital images. This data will be used to provide the city with a rating system to help determine where and how street maintenance work should be performed. The city has 396 lane miles of street and 67 lane miles of alleys within its road network. A two-way street, such as Deforest Road, that is one mile long consists of 2 lane miles and a 6 lane, divided road, such as Denton Tap Road, that is one mile long consists of 6 lane miles. Data will be collected on all streets and alleys in the city’s road network. Every undivided street & alley will receive one pass of the machine and every divided street will receive two passes (one on each side). Digital images are collected facing forward and rear at 25-50 foot intervals and downward images are collected continuously. Fugro will provide the city with proprietary software that provides the exact location as you view the images. The digital images are analyzed via automated distress (crack) detection software and technician verification. The following distresses will be extracted from the images: cracked slabs, shattered slabs, corner breaks, alligator cracking, longitudinal cracking, transverse cracking, block cracking and patching. Transverse profile data is collected using a five-sensor profiler to locate the presence of ruts or other irregularities in the cross section of the roadway. The transverse profile data will be collected every 50 feet and averaged along the wheel path. Longitudinal profile data will be collected via the transverse profiler and follow the wheel path to provide general ride quality characteristics of the roadway segment. This data will be collected at half-foot intervals. All of this data will be combined to provide a pavement condition index for each roadway segment. The following is a typical rating index range: Good (100-95), Fair (95-85), Marginal (85-75), Poor (75-65), and Very Poor (<65). For many years the city has generally maintained the streets on a complaint based system to determine what streets need to be replaced. This project will provide the city a detailed rating number assigned to each segment of street based on a scale system developed by the US Army Corps of Engineers, which has been incorporated into their computer program, MicroPAVER. City staff will use this software after this survey project is complete so the database can be maintained. Fugro will also develop a guide to optimize how the budgeted maintenance money could be spent. The MicroPAVER software also allows the user to input other fields of data to adjust the overall rating so that, in the future, we may include water, wastewater, and drainage information into the score. Fugro Consultants, Inc. will provide the city with a final report of the distress data outlining the pavement condition, a five-year maintenance work plan (based on actual budget), recommendations for maintenance and future monitoring needs. Fugro Consultants, Inc. will also provide staff with some training on pavement management concepts, MicroPAVER, and manual field inspection of roadways. The information provided will help prioritize the following types of projects: routine maintenance (crack sealing etc.), the city’s annual street and alley repair, the city’s annual sidewalk repair and the ¼ cent sales tax streets. Staff recommends approval of entering into a contract with Fugro Consultants, Inc. in the amount of $100,088.90 for the pavement management survey. Staff will be available to answer any questions at the Council meeting. 2009 PCI RatingsCity of McKinney City of McKinneyCollin County, Texas PCI Rating Good (95 - 100) Fair (85 - 95) Marginal (75 - 85) Poor (65 - 75) Very Poor (< 65) Not Tested Omitted From Survey 8 Sources: City of McKinney Texas Natural Resources Information System Fugro Consultants, Inc.Projection: Stateplane, NAD83Date of Compliation: March 26, 2009Produced by: Paul M. JonesSupervisor: Robert R. Williams, P.E.PCIScale: 8,000 0 8,0004,000 Feet or1:90,000 1 inch = 7,500 feet TBPE Firm Registration No. 2998613 Cross Park Dr.Austin, TX 78754 Street Inventory SurveyCity of Coppell Project Tax 2010DCreated in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\TAX 2010 STREETS\dwg\Street Inventory\CC Exhibits\Tax 2010D - Street Inventory CC EXHIBITS.dwgCreated on: 3 June 2011 by George Marshall Street Inventory SurveyCity of Coppell Project Tax 2010DCreated in AutoCADS:\CAD\In_Design\TAX 2010 STREETS\dwg\Street Inventory\CC Exhibits\Tax 2010D - Street Inventory CC EXHIBITS.dwgCreated on: 3 June 2011 by George Marshall Street Inventory SurveyCity of Coppell Project Tax 2010DCreated in AutoCADS:\CAD\In_Design\TAX 2010 STREETS\dwg\Street Inventory\CC Exhibits\Tax 2010D - Street Inventory CC EXHIBITS.dwgCreated on: 3 June 2011 by George Marshall FUGRO CONSULTANTS INC TION2113 Proposal No 043211 2054 8613 Cross Park Drive June 3 2011 Austin TX 78754 Phone 512 977 1800 Fax 512 973 9565 wwwfugroconsu Itantscom City of Coppell 255 Parkway Blvd Coppell Texas 75019 2602 Attention Mr George Marshall PE Proposal for Pavement Condition Survey and Pavement Management Services Coppell Texas Submitted herein is Fugros proposal to assist the City of Coppell with pavement condition survey of roadways maintained by the City The following sections of this proposal describe the scope of our services a cost estimate for the evaluation services to be provided an estimated schedule and proposed terms and conditions Scope of Work The City of Coppells road network is comprised of approximately 150 centerline miles of roadway primarily paved 2 lane undivided roadways When including divided and wide roadways it is expected that approximately 179 lane miles of testing will be required Additionally the City maintains approximately 67 miles of alleyways The estimated total test mileage is approximately 246 miles Based upon our knowledge of the project and the scope of work described above we propose the following phases Phase I Project Management Phase II Project Setup Phase III Data Collection Phase IV Data Processing Phase V Pavement Management Services Phase VI Training Mr George Marshall PE June 3 2011 City of Coppell Page 2 of 11 Phase 1 Project Management This phase consists of management for this project This phase will involve coordination with the City of Coppell throughout the project It is our goal to provide monthly updates to the City regarding the progress of the project as well as meetings with our project manager as requested by the City of Coppell Four meetings as part of this phase over the duration of this project are anticipated The issues that will be discussed will include a confirmation of the condition data that is to be collected for the PMS and the format in which it will be delivered In addition existing sources of inventory data and access to that data will be discussed Proposed tasks will be reviewed with the City staff to confirm compliance with the goals of the project Any gaps that are identified in the proposed project approach will be resolved during this task The four meetings that are anticipated for this project will cover the following Initial Meeting Meeting after PCI scores are calculated Meeting to review preliminary network level work plan Final Meeting It is Fugros intent in this review to confirm the types of data that will be collected as part of the PMS condition data survey It is also essential to discuss the format in which the final data will be delivered to the City It is important to have full participation from the different personnel affected by the data collection processing and use of the PMS and GIS information Phase 11 Project Set Up Phase II comprises three tasks Each one is crucial to the data collection process In this phase we plan to conduct the following Task 1 Review of existing inventory GIS and PMS Databases Task 2 Routing Task 3 Equipment Calibration Task 1 Review of Existing Inventory GIS and PMS Databases From the review of existing inventory GIS and databases an official inventory of the roads to be surveyed for condition and physical attributes will be developed Additional inventory data identified as being required for the proposed PMS or found to be missing or inaccurate will have to be located or collected The review of inventory data will be conducted in consultation with the City of Coppell staff Fugro will assist the City to identify and resolve discrepancies between data sets of their inventory These data sets include any existing databases and GIS data files provided by the City Prior identification of discrepancies reduces difficulties in identifying roadways and their Mr George Marshall PE June 3 2011 City of Coppell Page 3 of 11 section limits during the data collection effort and reduces the amount of time post processing the data collected Fugro has developed a standard set of quality control checks for reviewing GIS and PMS databases These checks are conducted by identifying corresponding data fields in each database then comparing them for consistency If data fields are missing in one database but not the other the missing data field is populated from the existing data for a more complete data set Task 2 Routing A routing process is also performed based on the final road listing developed during the inventory review task This information is required for network definition and navigation The routing process defines a data collection order and direction for each roadway in the Citys network as well as sets up a unique raw file name necessary for processing of distress and right ofway data Once this has been performed for the initial round of data collection this task on any potential subsequent data collection rounds to be performed by Fugro or the City will require significantly less time Task 3 Equipment Calibration Before any field data collection begins equipment checks and calibrations are performed to ensure the quality of the data Additionally the data collection database us uploaded and tested on the field computers This ensures that the equipment sensors and subsystems deliver consistent accurate and high quality data Phase III Data Collection This phase covers the collection of distress profile data and right ofway images Distress data will be collected on approximately 246 lane miles of roadway in the Citys road network One pass along each road segment shapefile is anticipated for this project Digital images will be stored and transferred to the City on portable Universal Serial Bus USB Drives The images can be used for subsequent evaluations and comparisons as deemed appropriate by the City The purpose of the distress data collection is to determine the general distress characteristics of each of the roadway segments in this project The automated distress data collection will be performed in accordance with ASTM Standard E 1656 Standard Guide for Classification of Automated Pavement Condition Survey Equipment utilizing a Class 1 device as defined by the specifications Transverse Profile data is collected using a five sensor profiler to locate the presence of ruts or other irregularities in the cross slope of the city roads The purpose of the transverse profile testing is to determine the rutting characteristics of each of the roadway segments profiled The transverse profile data collection will be performed in accordance with ASTM Standard E 1656 Standard Guide for Classification of Automated Pavement Condition Survey Equipment and ASTM Test Standard E950 Standard Test Method for Measuring Longitudinal Profile of Traveled Surfaces with an Accelerometer Established Inertial Profiling Reference Transverse profile is Mr George Marshall PE June 3 2011 City of Coppell Page 4 of 11 collected every 50 feet and summarized as an average rut depth for each wheel path over the roadway segment Longitudinal Profile data can be collected simultaneously with the Transverse Profile of the network at 05 foot intervals throughout the length of each section selected in each direction and summarized at 001 to 01 mile intervals to provide International Roughness Indices IRI throughout the network The collected IRI values will be reported as an average IRI value for each roadway segment The purpose of the longitudinal profile testing program is to determine the general ride characteristics of each of the roadway segments profiled The longitudinal profile testing program will be performed in accordance with ASTM Test Standard E950 Standard Test Method for Measuring Longitudinal Profile of Traveled Surfaces with an Accelerometer Established Inertial Profiling Reference utilizing a Class 1 device as defined by the specifications Fugro conducts quality control measures in the field which have been beneficial to meet project objectives These procedures are standard practice for our data collection services The automated procedure is repeatable and consistent It also provides images that can be used for quality assurance and archival purposes Fugro has the capability to reprocess the images at any time The capability of reprocessing the images allows the City great flexibility to obtain distress data from the images using different distress protocols should the City ever wish to switch pavement management systems or severity definitions now or in the future Phase IV Data Processing Phase IV covers the processing of the raw data This phase is separated into the following two tasks Task 1 Distress Profile Data Analysis Task 2 ROW Asset Inventory Task 1 Distress Profile Data Analysis Distress Rating and Analysis The following PCC distresses that will be extracted from the images are 1 Cracked Slabs 2 Shattered Slabs 3 Corner Breaks and 4 Faulting from profile For the AC surfaced roadways the following distresses will be extracted from the images 1 Alligator Cracking 2 Longitudinal Cracking 3 Transverse Cracking 4 Block Cracking and 5 Patching Standard definitions for these distresses are included in ASTM E 1778 Standard Terminology Relating to Pavement Distress In addition Rutting will be extracted from the Profile information The images are processed using a combination of automated crack detection software and semi automated manual analysis Mr George Marshall PE June 3 2011 City of Coppell Page 5 of 11 Task 2 ROW Asset Inventory Assets that will be extracted from the Right ofWay images will include Curb and Gutter Sidewalks and Shoulders These will be reported with the following information Curb Gutter o Travel Direction of Collection Pass o Yes No o LeftRight o Approximate percent of Segment Sidewalks o Travel Direction of Collection Pass o Yes No o LeftRight o Approximate percent of Segment Shoulder o Travel Direction of Collection Pass o Yes No o LeftRight o Approximate percent of Segment Phase V Pavement Management Services The tasks of this phase are centered on implementation of a pavement management system from software acquisition through data upload through a full budget analysis and work plan Five tasks are included in this phase Task 1 Data Upload Task 2 PCI Calculation Task 3 Development of Network Level 5 year Work Plan Task 4 Final Report Task 5 Provide Viewing Software Mr George Marshall PE June 3 2011 City of Coppell Page 6 of 11 Task 1 Data Upload This task covers the upload of the complete data set into the pavement management software It is Fugros understanding that the City of Coppell is planning on implementing the MicroPAVERTM pavement management software for this project The upload will include the distress inspection information to the MicroPAVERTM software The inspection information will be used to develop a condition rating as described in Task 2 of this phase The City will be responsible for acquiring the MicroPAVERTM software on their own In addition photographs taken in the field by the downward pavement camera and the forward right ofway camera will be provided to the City on a USB hard drive This will allow for future review of the images by City staff at any time Task 2 PCI Calculation Fugro will calculate a Pavement Condition Index PCI for each pavement section using industry standard software This PCI uses a scale from zero 0 for a failed pavement to 100 for a pavement in perfect condition The index is based on the type severity and extent of surface distress and it is compliant with ASTM D6433 99 Army Corps of Engineers PAVER distress rating system The PCC distresses that will be extracted from the images are 1 Cracked Slabs 2 Shattered Slabs 3 Corner Breaks and 4 Faulting from profile For the AC surfaced roadways the distresses that will be extracted are 1 Alligator Cracking 2 Longitudinal Cracking 3 Transverse Cracking 4 Block Cracking and 5 Patching Standard definitions for these distresses are included in ASTM E 1778 Standard Terminology Relating to Pavement Distress The images are processed using a combination of automated crack detection software and semi automated manual analysis In addition Rutting will be extracted from the Profile information Additionally the International Roughness Index for each roadway will be reported This provides an assessment of how bumpy the roadways are This is another index that can be used to help prioritize and select maintenance and rehabilitation strategies for the City This value is then converted to a Ride Condition Index RCI so that it can be reported on a 0 to 100 scale The longitudinal profile testing program will be performed in accordance with ASTM Test Standard E950 Standard Test Method for Measuring Longitudinal Profile Traveled Surfaces with an Accelerometer Established Inertial Profiling Reference utilizing a Class 1 device as defined by the specifications Task 3 Development of NetworkLevel 5 year Work Plan In implementing the pavement management program Fugro will perform a network level 5 year work plan based on the results of the condition survey A budget analysis of this type allows for allocation of funds to where they are used the most effectively based on the agencys maintenance policies The steps taken during the development of a five year work plan are as follows Develop Decision Trees with City Mr George Marshall PE June 3 2011 City of Coppell Page 7 of 11 Develop Unit Costs and Evaluate Maintenance and Rehabilitation Strategies with City Develop Pavement Performance Models based on results of condition survey Develop Preliminary Network Level 5 year work plan with City Finalize Network Level 5 year work plan with City It is crucial to have the Citys involvement in this task The goal of this task is to produce a tool that allows the City to make more informed maintenance and rehabilitation decisions Including information from the City is essential to implementing the pavement management program effectively Task 4 Final Report A report will be provided with network level maintenance and rehabilitation recommendations This report will include the following Summary of fieldwork Summary of network condition Summary of network level 5 year work plan and recommendations A draft of the report will be prepared and provided to the City of Coppell for review Upon inclusion of City comments and acceptance of the report by the City Fugro will finalize the report Task 5 Provide Viewing Software Viewing software will be provided to facilitate the review of the collected images along with pavement data This allows for City staff to view images of the roadway using desktop workstations The viewing software displays both the downward pavement images and right of way images on a computer screen as it simulates driving down the road Additionally summaries of distresses and the ride quality are displayed in tabular and chart form The viewing software allows its user to interactively adjust its display speed in real time and jump to the segment location desired for review All pavement data is stored in an access data and synchronized with its associated images Phase VI Training Fugro can provide training on pavement management concepts the pavement management software and manual field inspection of roadways During the initial phases of this project the items that are most important to the City will be prioritized for training Should all of the items listed above be desired for training additional training days may be necessary It is typical for the exact agenda for training to be determined after the start of the project Mr George Marshall PE June 3 2011 City of Coppell Page 8 of 11 Cost Estimate Based on the scope of work outlined above an estimated cost for this evaluation effort is provided below and on the following page FUGRO CONSULTANTS INC COST ESTIMATE City of Coppell Pavement Management System Implementation Date June 3 2011 Description Subtotal Total Phase I Project Management 1917272 Phase II Project Setup 456000 Task 1 Review of existing inventory GIS and PMS Databases 160000 Task 2 Routing 240000 Task 3 Equipment Calibration 56000 Phase III Data Collection 2826300 Phase IV Data Processing 2410000 Task 1 Distress Profile Data Analysis 1620000 Task 2 ROW Asset Inventory 790000 Phase V Pavement Management Services 1937000 Task 1 Data Upload 247000 Task 2 PCI Calculation 96000 Task 3 Development of Network Level 5 year Work Plan 840000 Task 4 Final Report 554000 Task 5 Provide Viewing Software 200000 Phase VI Training 462318 GRAND TOTAL 10008890 The estimated fee is based on our understanding of the pavement consulting services anticipated This estimation may be exceeded if changes in work are required or requested The estimated maximum fee will not be exceeded however without the clients prior authorization Schedule Fugro can typically commence within two weeks of formal notice to proceed Activities will take approximately 3 4 months to complete A finalized schedule will be provided once the final details of the scope of work have been defined at the kick off meeting Accelerating the schedule may be possible once final details are worked out Based on current workloads a July data collection timeframe is anticipated Mr George Marshall PE June 3 2011 City of Coppell Page 9 of 11 Terms and Conditions The attached General Conditions for Technical Services Fugro Schedule 4001 describe general contractual conditions including identification of Client on site responsibilities and risks warranty invoicing procedures and record maintenance To indicate acceptance of this proposal please have the signature block below signed by a duly authorized representative of the Client and return one copy to us for our files For the purposes of this proposal and services agreement the Client reference used throughout the attached Fugro Schedule 4001 is agreed to be the agency represented by signature below We appreciate the opportunity to submit this proposal and look forward to working with you on this project Please call if we may be of any additional assistance Sincerely Fugro Consultants Inc TBPE Firm Registration No F 299 Robert R Williams PE Project Manager CLIENT Firm Name Authorizing Signature Typed Name and Title Date Fugro Schedule 4001 GENERAL CONDITIONS FOR TECHNICAL SERVICES 1 Parties to This Aqreement CLIENT as used herein is the entity who authorizes performance of services by Fugro Consultants Inc FUGRO under the conditions stated herein FUGRO as used herein includes Fugro Consultants Inc its employees and officers and its subcontractors and subconsultants including affiliated corporations 2 On site Responsibilities and Risks 21 Right of Entry Unless otherwise agreed CLIENT will furnish unfettered rights ofentry and obtain permits as required for FUGRO to perform the fieldwork 22 Damaqe to Property FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGROs operations However CLIENT understands that damage may occur and FUGROs fee does not include the cost of repairing such damage If CLIENT desires FUGRO to repair and or pay for damages FUGRO will undertake the repairs and add the pre agreed cost to FUGROs fee 23 Toxic and Hazardous Materials CLIENT will provide FUGRO with all information within CLIENTs possession or knowledge as to the potential occurrence of toxic or hazardous materials or Biological Pollutants as defined in 9 below at the site being investigated If unanticipated toxic or hazardous materials or biological pollutants are encountered FUGRO reserves the right to demobilize FUGROs field operations at CLIENTs expense Remobilization will proceed following consultation with FUGROs safety coordinator and CLIENTs acceptance of proposed safety measures and fee adjustments 24 Utilities and Pipelines While performing FUGROs field work FUGRO will take reasonable precautions to avoid damage to subterranean and subaqueous structures pipelines and utilities CLIENT agrees to defend indemnify and hold FUGRO harmless for any damages to such structures pipelines and utilities that are not called to FUGROs attention and or correctly shown on plans furnished to FUGRO 25 Site Safety FUGRO is not responsible for the job site safety of others nor does FUGRO have stop work authority over work by others However FUGRO will conduct its work in a safe workman like manner and will observe the work site safety requirements of CLIENT that have been communicated to FUGRO in writing 3 Standard of Care 31 FUGRO will perform its services consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same location 32 CLIENT acknowledges that conditions may vary from those encountered at the location where borings surveys or explorations are made and that FUGROs data interpretations and recommendations are based solely on the information available to FUGRO and FUGRO is not responsible for the interpretation by others of the information developed 4 Limitation of Remedies To the greatest extent permitted by law CLIENTs sole remedy against FUGRO for claims and liabilities in any way arising out of or directly or indirectly related to FUGROs work for CLIENT will not exceed an aggregate limit of 50000 or the amount of FUGROs fee whichever is greater regardless of the legal theory under which remedy is sought In the event CLIENT does not wish to limit FUGROs remedy to this sum and if CLIENT requests in writing prior to acceptance of this Agreement FUGRO agrees to negotiate a greater remedy amount in exchange for an increase in scope and fee appropriate to the project and remedy risks involved 5 Invoices and Payment At FUGROs discretion invoices will be submitted at the completion of task elements or monthly for services rendered Payment is due upon presentation of FUGROs invoice and is past due thirty 30 days from invoice date CLIENT agrees to pay a financing charge of one percent 1 per month or the maximum rate allowable by law whichever is less on past due accounts and agrees to pay attorneys fees or other costs incurred in collecting any delinquent amount 6 Data Records Work Product and Reports and Samples All pertinent records relating to FUGROs services shall be retained for a minimum of two 2 years after completion of the work CLIENT shall have access to the records at all reasonable times during said period FUGRO will retain samples of soil and rock for a minimum of 30 days after submission of FUGROs report unless CLIENT advises FUGRO otherwise Upon CLIENTs written request for an agreed charge FUGRO will store or deliver the samples in accordance with CLIENTs instructions 7 Indemnification FUGRO and CLIENT shall indemnify each other from any claims damages losses and costs including but not limited to reasonable attorneys fees r and litigation costs to the proportionate extent caused by each partys own negligence including the negligence of the indemnifying party and its employees affiliated corporations officers and sub tier parties in connection with the project V 8 Consequential Damages CLIENT and FUGRO each agree that neither of them will be liable to the other for any consequential damages incurred by either due to the fault of the other their employees agents or subcontractors Consequential damages include but are not limited to loss of use and loss of profit 9 Biological Pollutants t FUGROs scope of work does not include the investigation detection or design related to the presence of any Biological Pollutants The term a Biological Pollutants includes but is not limited to mold fungi spores bacteria and viruses and the byproducts of any such biological organisms Ai CLIENT agrees that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged arising from or caused directly or I t indirectly by the presence of or exposure to any Biological Pollutants In addition CLIENT will defend indemnify and hold harmless FUGRO from anyUthirdpartyclaimfordamagesallegedtoarisefromorbecausedbythepresenceoforexposuretoanyBiologicalPollutantsIfCLIENTrequestsin mod writing prior to acceptance of this Agreement FUGRO will negotiate a greater limitation amount and remove CLIENTs responsibilities in exchange for an increase in fee to develop an expanded scope of work to provide biological pollutant protection 10 Acceptance of Agreement These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO FUGRO will not initiate service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS Acceptance or authorization to initiate services shall be considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS Furthermore all preprinted terms and conditions on CLIENTs purchase order or purchase order acknowledgment forms are inapplicable to these GENERAL CONDITIONS and FUGROs involvement in CLIENTs project 11 Termination of Contract CLIENT and FUGRO may terminate services at any time upon ten 10 days written notice In the event of termination CLIENT agrees to fully compensate FUGRO for services performed including reimbursable expenses to the termination date as well as demobilization expenses FUGRO will terminate services without waiving any claims or incurring any liability TILI GRID FUGRO FEE SCHEDULE FOR PAVEMENT ENGINEERING SERVICES January 2011 1 Field Investigation 11 Mobilization and Demobilization Per Mobilization 350 Mile 12 Automated Pavement Distress Data Collection 32500 Hour 13 Pavement Profile Testing Longitudinal and Transverse 27500 Hour 14 NonDestructive Pavement Testing 141 Falling Weight Deflectometer Daytime 25000 Hour 142 Falling Weight Deflectometer Nighttime 32500 Hour 143 Heavy Weight Deflectometer Daytime 32500 Hour 144 Heavy Weight Deflectometer Nighttime 40000 Hour 145 Ground Penetrating Radar 25000 Hour 15 Video Edge Drain Inspection 20000 Hour 16 Hourly Charges Field Coordination Layout and Other Reasons Beyond Fugro Control 20000 Hour 17 Per Diem Out of Town Assignments Per Person 12500 Night 18 Transportation for Personnel 051 Mile 2 Engineering Technical and Support Personnel 21 Senior Consultant 24000 Hour 22 Senior Project Manager 22000 Hour 23 Project Manager 16000 Hour 24 Project Engineer 12000 Hour 25 Graduate Engineer 10000 Hour 26 Senior Engineering Technician 10000 Hour 27 Technician and Draftsperson 7000 Hour 28 Administrative Support 6500 Hour 3 Outside Services Special Printing etc 31 Outside Services and Subconsultants Cost 15 Notes 1 Minimum call out charge for technician and equipment is 2 hours Charges are accrued portal to portal 2 Transportation charges are applicable for all field testing assignments including sample pickup 3 Overtime charge for Field Technician for hours in excess of 40 week or 8day will be billed at the rate shown plus 1 000hour Rates for other tests and services quoted upon request 611 Indemnification CITY SHALL NOT BE LIABLE FOR ANY LOSS DAMAGE OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF THE PROFESSIONAL PURSUANT TO THIS AGREEMENT PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY ITS OFFICERS AGENTS AND EMPLOYEES COLLECTIVELY REFERRED TO IN THIS SECTION AS CITY FOR DAMAGE TO ANY PROPERTY OR INJURY TO OR DEATH OF ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES DAMAGES CLAIMS SUITS COSTS INCLUDING COURT COSTS ATTORNEYS FEES AND COSTS OF INVESTIGATION AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONALS NEGLIGENCE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL ITS OFFICERS DIRECTORS SERVANTS AGENTS EMPLOYEES REPRESENTATIVES CONTRACTORS SUBCONTRACTORS LICENSEES SUCCESSORS OR PERMITTED ASSIGNS EXCEPT WHEN SUCH LIABILITY CLAIMS SUITS COSTS INJURIES DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF THE CITY IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM THE PROFESSIONAL ON NOTICE FROM CITY SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONALS EXPENSE BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY THE PROFESSIONALS OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance June 14, 2011 14 ✔ ORDINANCE Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2010-1258, the budget for the Fiscal Year October 1, 2010 through September 30, 2011, and authorizing the Mayor to sign. The amendment is being brought forward to reflect encumbrance carryovers and changes experienced throughout the fiscal year. The accompanying memo provides the detail of the amendment. Staff recommends approval. $ BudAmend - 1 AR MEMORANDUM Date: June 14, 2011 To: Mayor and Council From: Jennifer Miller, Director of Finance Via: Clay Phillips, City Manager Subject: Budget Amendment - Fiscal Year 2010-11 This budget amendment is being brought forward to reflect encumbrance carryovers, items that have occurred during the first part of the fiscal year and items that have been brought before Council. General Fund At this time the General Fund revenues are being amended $322,676. The main sources of the revenue increase are from those revenue streams that are not traditionally budgeted such as rollback and rendition taxes ($29,727), prior year ($42,000), sale of city property ($34,461), grant revenue ($96,707), and oil/gas exploration receipts ($100,000). General Fund expenditures are being increased $2,358,288. $1,579,211 is associated with encumbrance carryovers. Encumbrance carryovers are those items that were budgeted in the previous fiscal year, purchased in the previous fiscal year, but were not received by year end. The amounts are then carried forward into the next fiscal year. In addition to the encumbrance carryover, Combined Services is being increased $500,000 the payment to CISD for the CMS West – Lesley Field improvements and related City usage of the complex which was approved on March 22, 2011. Engineering is being increased $240,228. $45,500 is for the design of the North Lake dam and $123,595 is for the amendment to the design contract for Old Town. Facilities has had some unbudgeted repairs in the amount of $52,479. Parks Administration is being increased $25,000 for the costs associated with the programming and usage of the Town Center Plaza. Park is being increased $10,000 for the maintenance of historical cemeteries. Water and Sewer Fund Revenues are not being amended for the Water and Sewer Fund, at this time. Expenses are being amended in Utility Operations and Utility Billing for encumbrance carryovers. Utility Operations is also being amended for a replacement and a rebuilt pump at the Village Parkway Pump Station. Police Special Revenue Fund Revenues are being amended to reflect forfeitures and grants that have been received. The expenditures are those primarily associated with computer equipment maintenance, equipping and marking the K-9 unit, the receipt of radios from Lewisville as part of the grant (Governmental accounting requires us to show the revenue in and the expenditure out) and encumbrance carryovers. Park Special Revenue Fund Revenues are being amended for the actual park fees received. Infrastructure Maintenance Fund Expenditures are being amended for encumbrance carryovers ($1,830,550), for the Video Detection project (6 intersections - $250,000) and installing raised pavement markers on MacArthur, Denton Tap, Parkway, Beltline, Freeport, Moore and Samuel ($265,000). Municipal Drainage District Fund Expenditures are being amended for encumbrance carryovers. Donations – Special Revenue Revenues are being amended to reflect the receipt of recycling proceeds. Expenditures are being amended for encumbrance carryovers and a shade structure/awning over the dog run at the Animal Shelter. Coppell Economic Development Foundation The expenditures are associated with the Kirkland House renovations. C.R.D.C. Special Revenue Expenditures are being amended for encumbrance carryovers, the conceptual stud for Hike/Bike Trail/Linear Park, the design development document for erosion repairs along the trails at Andy Brown – East and the expansion of the Aquatics and Recreation center approved by Council on 02-08-11. Rolling Oaks Fund Expenditures are being amended for encumbrance carryovers. 1 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2010, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 14th day of September, 2010, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2010-1258, for the 2010-11 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Revenues $46,393,788 $46,716,464 $ 322,676 Expenditures Combined Services 1,167,224 1,652,226 485,002 Mayor & Council 479,561 486,061 6,500 City Administration 799,246 800,291 1,045 Economic Development 190,273 198,680 8,407 Community Information 340,038 343,928 3,890 Engineering 1,023,977 1,264,205 240,228 Facilities 1,004,318 1,236,672 232,354 Streets 1,625,215 1,637,247 12,032 Fleet 1,005,324 1,005,467 143 Traffic Control 1,024,687 1,044,240 19,553 Fire 11,509,875 11,558,771 48,896 Emergency Management 188,588 234,906 46,318 Building Inspections 681,209 681,827 618 Finance 1,019,529 1,022,981 3,452 Tax 252,923 253,376 453 Human Resources 1,254,606 1,255,206 600 Purchasing 177,410 182,807 5,397 Municipal Court 1,293,198 1,295,141 1,943 Planning 520,887 554,411 33,524 Library 1,789,623 1,791,573 1,950 2 Current Budget Amending Budget Change Police 6,207,806 6,690,684 482,878 Animal Services 371,868 372,420 552 Information Systems 1,865,933 2,368,858 502,925 Park & Rec. Admin. 1,328,900 1,478,758 149,858 Parks 2,628,378 2,669,636 41,258 Environmental Health 326,490 335,141 8,651 Senior Citizens 295,854 298,568 2,714 Recreation 2,126,215 2,144,755 18,540 Tennis Center 318,114 316,721 (1,393) Total Expenditures $2,358,288 Decrease in Designated Fund Balance ( 1,579,211) Net Expenditure Increase 779,077 Net Decrease in Undesignated Fund Balance $ 456,401 Water/Sewer Fund Current Budget Amending Budget Change Expenses Utility Operations $1,938,862 $2,082,630 $143,768 Utility Billing 551,379 551,582 203 Net Decrease in Projected Retained Earnings $143,971 Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $ 28,500 $239,223 $ 210,723 Expenditures 252,300 773,462 521,162 Net Decrease in Projected Fund Balance $310,439 Parks Special Revenue Current Budget Amending Budget Change Revenues $-0- $33,585 $33,585 Net Increase in Projected Fund Balance $33,585 Infrastructure Maint. Fund Current Budget Amending Budget Change Expenditures $3,785,500 $6,438,481 $2,652,981 Net Decrease Projected Fund Balance $2,652,981 Municipal Drainage District Current Budget Amending Budget Change Expenditures $163,634 $173,511 $9,877 Net Decrease in Projected Fund Balance $9,877 Donations-Special Revenue Current Budget Amending Budget Change Revenues $49,900 $70,400 $20,500 Expenditures 7,500 27,500 20,000 Net Increase in Projected Fund Balance $ 500 3 CEDF Current Budget Amending Budget Change Expenditures $-0- $42,000 $42,000 Net Change $42,000 CRDC Special Revenue Current Budget Amending Budget Change Expenditures $3,378,824 $10,830,703 $7,451,879 Net Decrease in Projected Fund Balance $7,451,879 Rolling Oaks Current Budget Amending Budget Change Expenditures $433,810 $434,540 $ 730 Net Change $ 730 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of June 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance June 14, 2011 15 ✔ RESOLUTION Consider approval of a Resolution directing publication of notice of intention to issue Certificates of Obligations, Series 2011 in an amount not to exceed $9,100,000.00 for the purpose of paying all or a portion of the contractual obligations for constructing and improving City streets; and constructing, improving and equipping the Old Town Coppell public area and paying legal, fiscal, engineering and architectural fees in connection with such projects and related bond issuance cost, and authorizing the Mayor to sign. These funds will be used to construct and improve Bethel Road II, West Sandy Lake Road, and the Old Town Coppell area. This item is directing the City to publish the notice of intent to issue the certificates of obligation once a week for two consecutive weeks, the dates of publication are scheduled for June 17 & 24, 2011. The meeting to consider to adopt these ordinance(s) authorizing the issuance of these certificates of obligation is July 26, 2011. Staff recommends approval. $CertofOb2011 - 1AR CERTIFICATE FOR RESOLUTION T HE ST AT E OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § I, the undersigned City Secretary of said City, hereby certify as follows: 1. The City Counc il of s a id C it y convened in r egula r meeting on June 14, 2011, at the designa ted meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: Douglas N. Stover, Mayor Mar sha T unnell, Mayor Pr o T em T im Br anchea u, Councilmember Bob Maha lik, Councilmember Br ianna Hinojosa-Flor es, Councilmember Billy F aught, Councilmember Mar vin F r anklin, C ou nc ilmemb er Kar en Hunt, Councilmember and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a wr itten r esolution entitled RESOLUT ION DIRECT ING PUBLICAT ION OF NOT ICE OF INT ENT ION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OT HER MAT T ERS RELATING TO THE SUBJECT was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, pr eva iled a nd car r ied by the following vote: AYES: ___NOES: ___ABSTAIN: ___ 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the a bove and for egoing pa r a gr a ph is atta ched to a nd follows this Cer tifica te; tha t sa id R esolut ion ha s been duly r ecor ded in said City Council's minutes of said Meeting; tha t the a bove and for egoing par agr aph is a tr ue, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; tha t the persons na med in the above and for egoing par agr aph ar e the duly chosen, qualified and acting officers a nd members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, pla ce and pur pos e of the a for esa id M eeting, and tha t sa id Resolution would be int r oduced a nd consider ed for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such pur pose, and tha t said Meeting was open to the public and p u b lic notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 2 SIGNED AND SEALED this June 14, 2011. City Secretary City of Coppell, Texas (CITY SEAL) RESOLUTION NO. ________________ RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, this City Council deems it advisable to give notice of intention to issue certificates of obligation of the City of Coppell, Texas, as hereinafter provided; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. Attached hereto is a form of the Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, the form and substance of which is hereby adopted and approved. Section 2. The City S ecr etar y sha ll ca use sa id not ice to be published in substa nt ia lly the for m a tta ched hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general circulation in the area of said Town, once a week for two consecutive weeks, the date of the fir st publication thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing the issuance of such certificates of obliga tion as shown in sa id not ice. Section 3. That this Resolution shall be effective immediately upon adoption. DULY PASSED by the City Council of the City of Coppell, Texas this the 14 day of June, 2011TH APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________________ CHRISTEL PETTINOS, CITY SECRETARY [CITY SEAL] EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CIT Y OF COPPELL, T EXAS NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Coppell, Texas, to issue interest bearing certificates of obligation of the City, in one or more series, for the purpose of paying all or a portion of the City's contractual obligations to be incurred in connection with: (i) constructing and improving streets and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement, on street parking, bridges and signage; (ii) constructing, imp r oving a nd equipping improvements to the Old Town Coppell public area, including landscaping, parking, pavillion, playgrounds, restrooms, water fountains and storage facilities; (iii) acquisition of land and interests in land for these projects; and (iv) paying legal, fiscal, engineering and architectural fees in connection with these projects. The City Council tenta tively proposes to adopt one or more ordinances authorizing the issuance of said certificates of obligation at a meeting to commence at 7:30 p.m., on July 26, 2011, at the City Hall, 255 Parkway Boulevard, Coppell, Texas. The maximum amount of certificates of obligation indebtedness that may be authorized to be sold on said date for such purposes described above is $9,100,000. The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes in the City a s pr ovided by la w, a nd fr om a limited pledge of sur plus r evenues of t he C it y's waterwor ks and sewer system, remaining after payment of all operation and maintenance expenses thereof, and all debt ser vice, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City's waterworks and sewer system. The certificates of obligation are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. CIT Y OF COPPELL, TEXAS AFFIDAVIT OF PUBLICATION T HE ST AT E OF TEXAS § COUNT Y OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared the person whose name is subscribed below, who, being by me fir st duly sworn, upon oath deposed and said: 1. That this affiant is a duly authorized officer or employee of , which is a newspaper of general circulation in the City of Coppell, Texas. 2. That said newspaper is a newspaper as defined by Section 2051.044, Texas Government Code, as amended, and as such: (1)devotes not less than 25 percent of its total column lineage to general interest items; (2)is published at least once a week; (3)is entered as second-class postal matter in the county where published; and (4)has been published regularly and continuously for at least 12 months prior to publishing the notice referenced below. 3. T hat attached hereto is a true, full and correct copy of NOT ICE OF INT ENT ION T O IS SUE CERTIFICATES OF OBLIGATION OF THE CIT Y OF COPPELL, TEXAS which was published in said newspaper on the following dates, to wit: , 2011; and , 2011. Author ized Officer or Employee SWORN TO AND SUBSCRIBED BEFORE ME, this the day of , 2011. Notary Public, State of Texas [NOTARY SEAL] Previously Summer 11 Summer 12 Summer 13 Cost Funded Remaining Issue Issue Issue Streets Projects Coppell Road (Sandy Lake to Cooper) Design 200,000 200,000 0 Right of Way Acquisition 20,000 20,000 0 Geotechnical 35,000 35,000 0 Construction 1,900,000 2,145,000 245,000 S. Coppell Road (Bethel to Southwestern) Design 165,000 165,000 0 Right of Way Acquisition 20,000 20,000 0 Geotechnical 35,000 35,000 0 Construction 1,250,000 1,535,000 285,000 Southwestern Design 165,000 165,000 0 Right of Way Acquisition 20,000 20,000 0 Geotechnical 60,000 60,000 0 Construction 2,425,000 2,345,000 (80,000) Bethel Road II (Freeport to Denton Tap) Design 700,000 0 (700,000) Right of Way Acquisition 140,000 100,000 (40,000) Geotechnical 240,000 120,000 (120,000) Construction 7,700,000 200,000 (7,500,000)4,925,000 3,075,000 Deforest Road (MacArthur to Deforest Court) Design 250,000 250,000 0 Right of Way Acquisition 45,000 45,000 0 Geotechnical 45,000 45,000 0 Construction 2,485,000 1,775,000 (710,000) Freeport (Sandy Lake to Ruby) Design 130,000 130,000 0 Right of Way Acquisition 90,000 90,000 0 Geotechnical 45,000 45,000 0 Construction 3,400,000 1,200,000 (2,200,000)2,200,000 W. Sandy Lake (North Coppell to Denton Tap) Design 545,000 545,000 0 Right of Way Acquisition 750,000 750,000 0 Geotechnical 135,000 135,000 0 Construction 9,370,000 98,000 (9,272,000)5,800,000 3,700,000 Old Town 3,000,000 0 (3,000,000)4,200,000 Street Projects 35,365,000 12,273,000 (23,092,000)14,925,000 8,975,000 0 City of Coppell Proposed Bond Issuance Previously Summer 11 Summer 12 Summer 13 Cost Funded Remaining Issue Issue Issue City of Coppell Proposed Bond Issuance Drainage Projects 1,510,000 295,000 (1,215,000)1,215,000 Kaye Street - $240,000 Stream G-6 - $350,000 Meadows Subdivision - $350,000 Cottonwood Estates - $50,000 Other Projects $520,000 Total Proposted Bond Issue 36,875,000 12,568,000 (24,307,000)14,925,000 8,975,000 1,215,000 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: PLANNING June 14, 2011 16 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-227R3-TH-1, Bellacere Addition, a zoning change from PD-227R-SF-12 (Planned Development-227 Revised-Single Family-12) to PD-227R3-TH-1 (Planned Development-227 Revision 3-Townhouse-1), to allow the construction of eight (8) single-family homes and two (2) common area lots on 1.863 acres of property located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive and authorizing the Mayor to sign. (SEE PAGE TWO FOR P&Z AND COUNCIL ACTIONS) @01 PD-227R3-TH-1, BA ORD-1 AR AGENDA REQUEST NARRATIVE On May 10, 2011, Council approved this ZONING CHANGE (6-1). On April 21, 2011, the Planning Commission denied this ZONING CHANGE (4-3). Commissioners Haas, Frnka, Sangerhausen and Kittrell voted in favor of denial; Commissioners Goodale, Tankersley and Duncan opposed. On March 24, 2011, the Planning Commission opened and continued the public hearing to the April 21, 2011, meeting (6-0). Commissioners Goodale, Tankersley, Haas, Frnka, Duncan and Kittrell voting in favor. None opposed. Staff recommends DENIAL. 1 TM 49542.2.52611 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-227R-SF-12 (PLANNED DEVELOPMENT-227 REVISED-SINGLE FAMILY-12) TO PD-227R3-TH- 1 (PLANNED DEVELOPMENT-227 REVISION 3-TOWNHOUSE-1), TO ALLOW THE CONSTRUCTION OF EIGHT (8) SINGLE-FAMILY HOMES AND TWO (2) COMMON AREA LOTS ON 1.863 ACRES OF PROPERTY LOCATED ALONG THE NORTH SIDE OF SANDY LAKE ROAD, APPROXIMATELY 150 FEET EAST OF SUMMER PLACE DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE ZONING EXHIBIT/SITE PLAN, LANDSCAPING PLAN AND TREE SURVEY AND ELEVATIONS OF SCREENING WALLS ATTACHED HERETO AS EXHIBITS “B”, “C” AND “D”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD- 227R3-TH-1 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-227R-SF- 12 (Planned Development-227 Revised-Single Family-12) to PD-227R3-TH-1 (Planned Development-227 Revision 3-Townhouse-1), to allow the construction of eight (8) single- family homes and two (2) common area lots on 1.863 acres of property located along the north 2 TM 49542.2.52611 side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-227R3-TH-1 (Planned Development-227-Revision 3- Townhouse- 1) is hereby approved subject to the following development regulations: A. Use regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the "TH-1" district, as provided in the Code of Ordinances, except as herein amended. 2. Home occupation, as defined in the Coppell Code of Ordinance. B. Maximum height regulations. The maximum height regulations will be 35 feet nor more than two and one- half stories high, whichever is less. C. Area regulations. 1. Minimum size of yards as shown on the Zoning Exhibit/Site Plan, Exhibit “B” of this Ordinance, as provided herein: (A) Front yard setbacks shall be a minimum of 25 feet, except a minimum of 20 feet shall be provided on Lots 1 and 8. (B) Side yard setbacks shall be a minimum of 6 feet. (C) Rear yard setbacks shall be a minimum of 20 feet. 2. Minimum size of lot: (A) Lot area shall be a minimum of 6,344 square feet, with a minimum average of 7,472 square feet. (B) Lot width shall be a minimum of 60 feet. (C) Lot depth shall be a minimum of 100 feet, except Lots 5 and 6 shall have a minimum lot depth of 96.87 feet with a minimum average of 100 feet. 3. Minimum dwelling size: 2,000 square feet, exclusive of garages, breezeways and porches. 4. Maximum lot coverage: 40 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 3 TM 49542.2.52611 D. Parking/Driveway/Sidewalk regulations. 1. Two enclosed parking spaces shall be provided behind the front yard set back line, there shall be no alley access. 2. Sidewalk shall be constructed on the west side of the street only. E. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. 2. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. F. Tree Retribution. 1. A Tree Removal Permit shall be required prior to the removal of any trees. G. Homeowners Association 1. Lot 1X, Lot 2X and eight foot high wooden perimeter fence to be maintained by the homeowners association. Garbage can enclosures will be included as part of the eight foot wooden perimeter fence structure to be maintained by the homeowners association. 2. Homeowners Association documents shall be submitted, reviewed and approved to the City in accordance with the Code of Ordinances. 3. At the time of final plat, a landscape maintenance easement shall be provided in favor of the Homeowner Association to maintain all common lots, landscaping and screening fence, as depicted and/or noted on Exhibits B through D. I. Park development fees 1. Park development fees in the amount of $1,285 per lot shall be assessed prior to Final Plat filing. SECTION 3. That the property shall be developed and used in accordance with the TH- 1 (Townhouse-1) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Zoning Exhibit/Site Plan, Tree Survey/Landscaping Plan and Elevations of Screening Walls attached 4 TM 49542.2.52611 hereto as Exhibits “B”, “C” and “D”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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 not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be 5 TM 49542.2.52611 punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its 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 ATTEST: _____________________________________ CHRISTEL PETTINOS, 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: PLANNING June 14, 2011 17 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-209R4-C, TownOaks Centre, a zoning change from PD-209R-C (Planned Development Revised-209-Commercial) to PD-209R4-C (Planned Development-209 Revision 4-Commercial), to allow an increase in the allowable size of a proposed attached sign on property located at the southeast corner of Sandy Lake Road and Denton Tap Road and authorizing the Mayor to sign. On May 10, 2011, Council approved this ZONING CHANGE (6-1). On April 21, 2011, the Planning Commission unanimously denied this ZONING CHANGE (7-0), as submitted. Commissioners Goodale, Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor; none opposed. Staff recommends DENIAL. @02 PD209R4-C, TC ORD-1 AR 1 TM 49590.2.6111 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-209R-C (PLANNED DEVELOPMENT REVISED-209-COMMERCIAL) TO PD-209R4-C (PLANNED DEVELOPMENT-209 REVISION 4-COMMERCIAL), TO ALLOW AN INCREASE IN THE ALLOWABLE SIZE OF A PROPOSED ATTACHED SIGN ON THE WEST ELEVATION FOR SANDY LAKE DENTAL & ORTHODONTICS ON 8.67 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SIGNS PROPOSED FOR THE WEST AND NORTH ELEVATIONS ATTACHED HERETO AS EXHIBITS “B” AND “C”; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-209R4-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as 2 TM 49590.2.6111 heretofore amended, be and the same is hereby amended to grant a change in zoning from (Planned Development Revised-209-Commercial) to PD-209R4-C (Planned Development-209 Revision 4-Commercial), to allow an increase in the allowable size of a proposed attached sign on the west elevation for Sandy Lake Dental & Orthodontics on 8.67 acres of property located at the southeast corner of Sandy Lake Road and Denton Tap Road and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following amended development regulations, which are hereby approved: A) Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-497 that is incorporated herein as set forth in full and hereby republished. B) An 115.69 square foot sign for Sandy Lake Dental & Orthodontics shall be permitted on the west elevation as indicated on Exhibit “B” C) A 91.03 square foot sign for Sandy Lake Dental & Orthodontics shall be permitted on the north elevation as indicated on Exhibit “C”. SECTION 3. That the North and West building elevations with proposed signs, attached hereto as Exhibits “B” and “C”, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. 3 TM 49590.2.6111 SECTION 5. 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 not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 4 TM 49590.2.6111 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2011. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY AGENDA REQUEST FORM DATE: June 14, 2011 ITEM #: 18 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep DATE: June 14, 2011 ITEM #: 19 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover on the Metroplex Mayors’ Meeting. B. Report by Councilmember Hinojosa-Flores on the Farmers Market Farm to Table Dinner. C. Report by Mayor Stover regarding the upcoming Fourth of July Celebration and Fireworks. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: June 14, 2011 ITEM #: 20 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: June 14, 2011 ITEM #: 21 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: June 14, 2011 Department Submissions: Items No. 10D, 10E, 16 and 17 were placed on the Agenda for the above- referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Items No. 11, 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 CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: June 14, 2011 Department Submissions: 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)