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CP 2000-05-23 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 23, 2000 CANDY SHEEHAN, LARRY WHEELER, Place 6 Mayor Mayor Pro Tem GREG GARCIA, Place i MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 DOUG STOVER, Place 5 PAT KEENAN, Place 3 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Work Session 6:00 p.m. 1st FI. 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, May 23, 2000, at 6:00 p.m. for Work Session 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 purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. WORK SESSION (Open to the Public) 2. Convene Work Session A. Review of Soft Drink Sponsorship Proposals. B. Introduction of Randy Pennington, Facilitator for Year 2000 City Council Retreat. ag05232000 Page i of 5 ITEM # ITEM DESCRIPTION C. Ray Turco Survey. D. Council Committee Appointments. E. Boards & Commissions Appointment Schedule. F. Fund Balance Update. G. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. I nvocati on. 4. Pledge of Allegiance. 5. Presentation to supporters of Clean Coppell Earthweek. 6. Presentation to supporters of the 12th Annual Easter Egg Hunt and Bunny Brunch. 7. Presentation to Andi Case, Woman of the Year 2000. 8. Quarterly presentation to Council by the Library Board. 9. Presentation regarding Ozone by Jeff Russell, Coppell High School "Project Challenge" student. 10. Presentation by Ray Turco of the year 2000 Citizen Survey. 11. Citizen's Appearances. CONSENT AGENDA 12. Consider approval of the following consent agenda items: A. Consider approval of minutes: .May 9, 2000. B. Consider approval of awarding bid Q-0200-05 for Cleaning and Related Services of Municipal Buildings to Members Building Maintenance in the amount of $146,712.00 as budgeted for a one year period beginning June 1, 2000. C. Consider approval of the revised Parks and Recreation Board bylaws as recommended by the Parks and Recreation Board. ag05232000 Page 2 of 5 ITEM # ITEM DESCRIPTION D. Consider approval of the annual update of the City of Coppell Standards of Care for Youth Programs provided by the Parks and Leisure Services Department. END OF CONSENT 13. PUBLIC HEARING: Public Hearing to receive citizen input on possible projects for fiscal year 2000-2001 CDBG grant funding. 14. Consider approval of a contract between Pepsi-Cola Bottling Group and the City of Coppell, and authorizing the City Manager to sign. 15. Consider approval of a contract for the construction of the MacArthur Park Athletic Complex to Dean Construction in an amount not to exceed $1,437,480.00, and authorizing the City Manager to sign. 16. Consider approval of a Parks and Leisure Services Department Policy requiring criminal and moral turpitude background checks of all coaches, officials and team parents participating in youth sports utilizing City of Coppell athletic facilities. 17. Consider approval of the purchase of an additional E-911 Console for the Coppell Police/Fire Communication Center at an approximate cost of $71,463.00. 18. Consider approval of appointments to Council's Committees. 19. Necessary action resulting from Work Session. 20. City Manager's Report. A. Update on Wagon Wheel and MacArthur Parks. B. Community Foundation Update, 21. Mayor and Council Reports. A. Report from Mayor Sheehan regarding Community Summit. B. Report from Mayor Sheehan regarding Teen Court. C. Report from Mayor Sheehan regarding Chamber of Commerce May Luncheon. D. Report from Mayor Sheehan regarding EMS Fair. E. Report from Mayor Sheehan regarding Enforcement of Landscape Ordinance. F. Report from Mayor Sheehan regarding Budget Workshops G. Report from Mayor Sheehan regarding Project Graduation. ag05232000 Page 3 of 5 ITEM # ITEM DESCRIPTION H. Report from Councilmember Keenan on Carrollton/Farmers Branch ISD. I. Report from Councilmember Keenan on Metrocrest Hospital Authority. J. Report from Councilmember Keenan reSarding preliminary official statement dated May 1, 2000 issued last Council meetinS. K. Report from Councilmember Tunnell regarding Texas Municipal LeaSue. L. Report from Councilmember York regarding High School Athletics. M. Report from Councilmember York regardin8 WaSon Wheel Park. 22. Necessary Action Resulting.from Executive Session. Adjournment. Candy Sheehan, 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 day of , 2000, at Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S WEBSITE (www. ci.coppell.tx. us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. a805232000 Page 4 of 5 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag05232000 Page 5 of 5 Z~jp~j]~i.~f., AGENDA REQUEST FORM s ITY COUNCIL ~E~G: May 23, 2000 ITEM ~ ~ WORK SESSION A. Review of Soft Drink Sponsorship Proposals. B. Introduction of Randy Pennington, Facilitator for Year 2000 City Council Retreat. C. Ray Turco Survey. D. Council Committee Appointments. E. Boards & Commitions Appointment Schedule F. Fund Balance Update, G. Discussion of Agenda Items. CITY MANAGER'S REVIEW: DATE: May 18, 2000 TO: Jim Witt, City Manager ~ FROM: Kathy Wilkerson, Deputy City Secreta SUBJECT: Annual 2000 Board/Commission/Committee Appointments RE: Process Schedule Listed below is a tentative schedule of dates for the upcoming annual appointments of members to the City's Boards/Commissions/Committees that I would like to review with the City Council during the Work Session of May 23, 2000: Advertising - May 26 through July 28, 2000 A press release will be forwarded to the Citizens Advocate, Copper Gazette, Metrocrest News, Paragon Cable and put on the web, site, requesting citizens to volunteer to serve on the City's Boards/Commissions/Committees, and as the City's American Red Cross Representative. Advertising will continue for a period of ten (10) consecutive weeks from May 26, 2000 through July 28, 2000. During the month of June a mass mailing will be sent m all Coppell citizens. The mailing will consist of an application, statement of appointed officer, .and a summary of each of the Boards/Commissions/Committees. U:\Kwilkers\Board and CommissionsNSchedule for board appointments.doc Applications - May 29 through July 31, 2000 Applications will be available and accepted from 8:00 a.m. to 5:00 p.m., May 29 through July 31 in the City Secretary Department at Town Center. Applications presently on file in the City Secretary Department will not be considered. Staff Liaisons - May 22, 2000 Staff Liaisons will be issued a membership list on May 22, 2000 for their particular Board/Commission/Committee, indicating those members whose terms expire October 2000 together with a new application form for distribution, should those members wish to re-apply. Deadline for these applications will also be July 31. City Couch Applicant Packet A binder will be prepared for members of Council containing a master list of all applicants, together with copies of each application and pertinent information. This document will be available in the City Secretary"' Department for each member of Council at 8:00 a.m., Tuesday, August 8, 2000. Any binders not picked up by 5:00 p.m. on Tuesday will be brought to the Council meeting. Interview Process - August 14 through September 1, 2000 Interviews may be conducted from August 14 through September 1, 2000, however, I would appreciate direction from Council on how they would like to proceed with scheduling these interviews so I may advise the applicants of the date and approximate time. Appointments - Septen~ber 12, 2000 An agenda item will be submitted for the September 14, 2000 City Council meeting to appoint members to the City's Boards/Commissions/Committees. Letters of Appointment and/or Regret The City Secretary Department will notify all applicants indicating their appointment and date of being sworn into office, and/or letters of regret. Staff Liaisons will be requested to contact applicants to confirm their attendance at the swearing-in ceremony. U:\Kwilkers\Board and Commissions\Schedule for board appointments.doe Sweating-in Ceremony An agenda item and oaths of office will be prepared for the September 26, 2000 City Council meeting for the Mayor to formally swear in appointed members. New members will officially take their position on the Board/Commission/Committee on October 1, 2000. Reception A reception for the newly appointed members and the members whose commission did not expire will be held prior to the September 26, 2000 City Council meeting. U:\Kwilkers\Board and Commissions\Schedule for board appointments.doc AGENDA REQUEST FORM COUNCIL MEETING: May 23, 2000 ITEM # ~ ITEM CAPTION: Presentation to supporters of Clean Coppell Earthweek. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Waste Management Donohue Recycling BUDGET AMT. $ ~ AMT. EST. $ +X-BID $ FINANCIAL COMlVlENTS:'~~ DIR. INITIALS: ~¢~ FIN. REVIEW:~ CITY MANAGER REVIEW Agen_,h_ Request Form- Revised 5/00 Document Name: ~CITY COUNCIL MEETING: May 23, 2000 ITEM ITEM CAPTION: Presentation to supporters of the 12a~ Annual Easter Egg Hunt and Bunny Brunch. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Minyard Food Stores, Kroger Food Stores, Mrs. Bairds, Coca Cola Bottling Co. of No. TX, the Peach Boys BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS.'~N4 DIR. INITIALS:/~ FIN. REVIEW: (~ CITY MANAGER REVIEW.': Agenda Request Form - Revised 5/00 Document Name: CITY COUNCIL MEETING: May 23, 2000 ITEM # 7 ITEM CAPTION: Presentation to Andi Case, Coppell Woman of the Year 2000. SUBMITtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ ~ FINANCIAL COMMENTS.~ \ DIR. INITIALS: FIN. REVIEW~I~ CITY MANAGER REVIE D tN ~ y d Agen,h_ Request Form- Revised 5/00 ocumen ame: %woman ear. oc ITY^ s~ COUNCIL MEETING: May 23, 2000 ITEM ITEM CAPTION: Quarterly presentation to Council by the Library Board. SUBMITtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ ~ AMT. EST. $ ~-\-BID $ FINANCIAL COMMENTS:~X~ \ DIR. INITIALS: FIN. REVIEW:~ CITY MANAGER REVIEW: Agen~a Request Form - Revise~t 5/00 Document Name: %qtlxlpre ITY^ a~ COUNCIL MEETING: May 23, 2000 ITEM # ___~ ITEM CAPTION: Presentation regarding Ozone by Jeff Russell, Coppell High School "Project Challenge" student. SUBMITtED BY: Perri Kitties j TITLE: EnvironmentAl Health Officer STAFF COMMENTS: This presentation is part of the Independent Study/Community Partnership Program of the Gifted and Talented Program, conducted through the school in cooperation with the COmmUnity. Peril Kitties, Environmental Health Officer, has been working with Jeff as his mentor. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:~\ DIR. INrHAI_S: .~~'X FIN. REVIEW~ CITY MANAGER REVIEWS:~', Agenda Request Form - Revised 5/00 Document Name: OTnnepret( CITY~' 8 ~' COUNCIL MEETING: May 23, 2000 ITEM ITEM CAPTION: Presentation by Ray Turco of the year 2000 Citizen Survey. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: i~X'~'l~ DIR. INITIALS: FIN. REVIEW{5~) CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: !Turco AGENDA REQUEST FORM COUNCIL MEETING: May 23, 2000 ITEM ~ ] ] CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the following new Article 1-10: ARTICLE 1 - 10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE 1 - 10-6.2.1 Subjects Not Appearing on the A_ff~nda Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2).minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attach by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). CITY MANAGER'S REVIEW: ~l:~~i2L AGENDA REQUEST FORM CITY COUNCIL MEETING: May 23, 2000 ITEM # ITEM CAPTION: Consider approval of minutes: May 9, 2000. SUBMITtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIALCOMMENTS:~\~ DIR. INITIALS: FIN. REVIEW.~ CITY MANAGER REVIEW: Agcnda Request Form - Revised 5/00 Document Nalne: %minutes MINUTES OF MAY 9, 2000 The City Council of the City of Coppell met in Regular Called Session Tuesday, May 9, 2000, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Pat Keenan, Councilmember Doug Stover, Councilmember Larry Wheeler, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City and City Attorney Robert Hager. REGULAR SESSION 1. Call to order. Mayor Sheehan called the meeting to ordcr adjourned: into Executive Se S SLOB. :!!!ii~ii!i,:! EXECUTIVI~ SESSION (Closed to the Public} 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Seek legal advice concerning zoning issues relating to C.I.S.D. ~y~i~ Sheehan convened into Executive Session at 6:00 p.m. as allowed under i~i~the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:57 p.m. and opened the Work Session. CM05092000 Page I of 22 WORK SESSION {Open to the Public} 3. Convene Work Session A. Voters' Rights Issue for Cities in Multiple Counties. B. Council Retreat. C. Discussion of Agenda Items. REGULAR SESSION IOpen to the Public} 4. Invocation. Jonathan Reid, Associate in Ministry, Rejoice Lutheran Ch ~iii~i'ii~!~d those present in the Invocation. :,,,,~i!~ ~ Mayor Sheehan led those present in i:~iPledge Ofji:Alleg~gnce. :!~!:i~!~!~ii~2!:iil Item 34C was discussed' at this time. See item 3'4C for minutes. Welcome to Loren Brown, 2001 Tourname nt of Roses Association President. Mayor Sheehan welcomed Mr. and Mrs. Brown and presented them with an Honorary Citizenship e and key to the City. Canvass returns of the May 6, 2000 Municipal Election, approval of an order declaring the results of said election and orizing the Mayor to sign. Robert Hager, City Attorney, read the Canvass of Returns and Declaration of Results of election into the record showing the following number of votes: Greg Garcia, Place 1 844 George Marczuk, Place 1 300 Pat Keenan, Place 3 764 Christopher Martino, Place 3 384 CM05092000 Page 2 of 22 Doug Stover, Place 5 1,005 Bill York, Place 7 997 The following were elected as Councilmembers to serve two-year terms: Place 1, Greg Garcia; Place 3, Pat Keenan; Place 5, Doug Stover; and Place 7, Bill York. Mayor Pro Tem Tunnell moved to approve the Canvass of the May 6, 2000, Municipal Election and the Order Declaring the Results. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 8. Swearing-in of Councilmembers Place 1, 3, 5, and 7. Mayor Sheehan swore in Greg Garcia, Place 1; Pat Keenan, Place 3; Doug Stover, Place 5; and Bill York, Place 7. 9. Consider appoimnt of Mayor Pro Tern as required by Section .. ! .,,,,:.,¥:: . 3.015 of the ttome,.'RUle Charter. ':Mayor Pro Tem Tunnell moved to nominate Councilmember Wheeler to the position of Mayor Pro Tern. Councilmember Keenan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Coucilmembers Garcia, Peters, Keenan, Stover and York voting in favor ~?7~x~:~ of the motion. The Ci~ Council at ~is point consisted of: ~,,~i:~ Candy Sheehan, Mayor ~ ~ii:~:~:~i~:~i~"' Lar~ Wheeler, Mayor Pro Tem ~:~:~)~C~?' Greg Garcia, Councilmember ?:~iL~)~X:~,L~);~(~L~:~2f~:r~k:i~Jayne Peters, Councilmember :,,~'~' Pat Keenan, Councilmember M~sha ~nnell, Councilmember Doug Stover, Councilmember Bill York, Councilmember CM05092000 Page 3 of 22 10. Consider selection of Coppell Woman of the Year for 2000. Presentation: Ralph Goins, Lions Club President, recommended Andi Case to be Coppell Woman of the Year. Action: Councilmember Tunnell moved to approve the recommendation of Andi Case as Coppell Woman of the Year. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Coucilmembers Garcia, Peters, Keenan, Tunnell, Stover an voting in favor of the motion. 11, PROCLAMATIONS: ..... .. :~.';. A. Consider a proclamation nam~':i?'{he May as Mental Health Month~,~d aut~izing the M~0r to sign, B, Consider a.ii~,lproclamation designating t: week of May 14 Emerge:hey Medteal , and autho~i~i~.:':.l!ii'e Ma~'~ ~.~i Sign ....... ! A. Mayor Sheehan read the proclamation for the record and presented the same to Kim Hatley and Janie Garrctt. Councilmember Peters moved to designate the month .of May as Mental Health Month and authorizing the Mayor to sign. Councilmember Keenan seconded ~iiiii the motion; the mo~ carried 7-0 with Mayor Pro Tem Wheeler i!', and C0Uncilmembers Garcia, Peters, Keenan, Tunnell, Stover, and York voting in favor of the motion. B. Mayor Sheehan read the proclamation for the record and presented the same to Fire Chief Bob Kruse. Councilmember Stover moved to designate the week of May 14 - 20 as Emergency Medical Services Week and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover, and York voting in favor of the motion. Chief Kruse invited everyone to attend the demonstrations that will be set up at Fire Station #3 on May 21, 2000. CM05092000 Page 4 of 22 12. Quarterly presentation to Council by the Coppell Recreation Development Corporation. Councilmember Garcia, made the Committee's quarterly presentation to the Council. 13. Introduction of Municipal Court Program Coordinator and status update on Teen Court Program. Presentation: !i Judge Mosley made a presentation and introduced Mat~ Cason, Court Program Coordinator, who made a presentation to the Council. Issues Discussed: There was discussion regarding what offenses would be under the Teen Court Program, who! volun~s ar,,g, the i uirements ..... i ded in the 14. Citizen's Appearances. There was no one signed up to sp.e~ under".this!gii{em. :}~:. Consider approval of g consent agenda items: A. approval of minutes: April 25, 2000. ~nsider approval of accepting the resignation of Prankie ~:~:~g:~Zgg~g~gg~gg~g?2~g~ Greever from the Libraq Board. C. Consider the approval of an Ordinance renaming a portion of Hawken Drive, from its northern intersection with Coppert Road, west to a point of its intersection south, being adjacent to lots 10A through lot 16A, Block 1 and Lots 7A through Lot 12B, Block 2 as depicted on E~ibit "A" to Archer Drive, and authorize the Mayor to sign. CM05092000 Page 5 of 22 D. Consider approval of awarding bid Q-0200-05 for Cleaning and Related Services to Municipal Buildings to AM-KO, Inc. in the amount of $142,488.00 as budgeted for a one- year period beginning, June 1, 2000. Resolutions E. Consider approval of a Resolution amending the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code, and authorizing the Mayor to sign. Issues Discussed: Item D was pulled and will be considered at the May 9-3, 2000 meeting. Action: Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pm Tcm Wheelor and Coucilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor oft. he motion. 16. Consider approval of an Ordinance authorizing the issuance of City of Coppeil, Texas General Obligation Bonds, Series 2000 in the amount of $9'~865,000.00, approving an Official Statement, authorizing the execution of a purchase contract, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Boyd bDndon, First Southwest Company, and Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2000-911 authorizing the issuance of City of Coppell, Texas General Obligation Bonds, Series 2000 in the amount of $9,865,000.00, approving an CM05092000 Page 6 of 22 Official Statement, authorizing the execution of a purchase contract, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carded 7-0 with Mayor Pro Tern Wheeler and Coucilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 17. Consider approval of Change Order #5 to the Sandy Lake Road Project #ST 93-02 for the extension of Sandy Lake Road through the MacArthur Blvd. intersection in the amount of $1,211,687.07 to Ed Bell Construction Company; and authorizing the Mayor to sign. ,i,~, Presentation: Ken Griffin, Director of Engineering and Public made a presentation to Council. Thcrc was discussion regarding the no and the in costs. Action: Councilmember York moved to approve o e Order #5 to the Sandy i~ ~?i! Lake Road Project #ST 93-02 for thei~ i~xtension of Sandy Lake Road through the MacArthur Blvd. intersection in the amount of $1,211,687.07 to Ed Bell Construction Company; and authorizing the ~ Mayor to sign. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Whceler and Coucilmembers Garcia, ~a~ Consider approval of Case No. PD-183, Coppell High School, zoning change request from C and 8F-12 {Commercial and Single-Fam~y-12) to PD-C {Planned Development, Commercial), to allow a 6' high decorative metal screening fence with landscaping along the northern e~e of the new parking lot, as well as incorporate the previously approved site plan allowing the construction of concession stands, a press box, additional seating at the e~sting football stadium, as well as a multipurpose bu~ding, tennis court, tennis center, storage CM05092000 Page 7 of 22 facility and additional parking on property, to this planned development located at 185 W. Parkway Boulevard. Presentation: Robert Hager, City Attorney, made a presentation to the Council. Mr. Hager stated that due to developments from recent lawsuits between the City of Austin and the Sunset Valley School District and the City of Addison and the Dallas School District that we have the right to control the building code, we have the right to make sure they follow the plumbing code and fire code and that they provide adequate ingress and egress to the facility for the safety of all of our citizens. You must ask yourself the question is what the School District proposing~m~sOnable to alleviate the public health, safety and welfare issues that are brought before you tonight, i.e. noise, light, traffic safety. If the answer is it is reasonable then that is what they are obligated .under these cases to do. If the answer is no, then there may be some other thing that might be suggested which was reasonable. So your focus is not on what you think is reasonable, the question is~iiiilo you think what they've done is reasonable to alleviate the pu concerns. - Gary Sieb, Director of Plannifi'i~:!;Id Community Services, then made a presentation to the Council. Robert Howman, Glenn ineering, on behalf of the School District, made a presentation to the Buddy EchoIs, Superintendent, Coppell Independent School District made a presentation to the Council. .. Public Hearing: Mayor Sheehan opened the Public Hearing and called for those wishing to speak in favor of this proposal to come forward. Pete Miller, 253 Whispering Hills; Jay Turner, 747 Blue Jay; and Robert Key, 204 Steamboat, spoke in favor of this proposal. The Mayor then called for those wishing to speak against the proposal to come forward. David Lacinski, 311 Martel Lane, and Don Garter, 428 Avalon, spoke against the proposal. Issues Discussed: Councilmember Stover filed a Conflict of Interest on this case with the City Secretary and stepped down from the dais. There was discussion regarding the type of fence that should be built; the types of shrubbery that would be used; the placement of the trees; the cost of different types of fencing options; if there were any other options available for parking that would keep the headlights from shining towards the housing CM05092000 Page 8 of 22 addition; the cost of going to court over this issue; it was noted that CISD has the power in this situation; and whether by precedent the City would likely lose the case if this went to court. Councilmember Keenan called for an Executive Session. EXECUTIVE SESSION {Closed to the Public} Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 10:05 p.m.~;~ias'.allowed under the above-stated article. Mayor Sheehan adjourned the Exccutive Session at 10:25 p.m. and reopened the Regular Session, continuing with Item 18. At this time a short recess was held. REGULAR SESSION {Continued} to the ~lic) Action: ouncxlmemberPeters moved to close t ::~I~!t;'ubhc Heanng and ·" ' ' . : .i ,; '. ~ ' ' approve asc No. PD-:I83, Coppell :Hi'gh School, !~oning change request from C and SF-12 (Commercial and Single-Family-12) to PD-C (Planned ~i:i!;~!:!i~!!!~!i!!~! Development, Commercial with the following conditions: 1. 6' green clad chain link fence with slats; hedge, one on the outside and one on the inside; 3. The trees 40' on center; 4. Landscaping be maintained and irrigated; Special Exceptions: 5. To allow the size of the new parking spaces to be 9-ft. by 18-ft.; CM05092000 Page 9 of 22 6. To reduce the required parking spaces from 3,333 to 1,940; 7. To permit a single row of parking to contain more than 15 parking spaces without a planting island; 8. To approve 18 landscape islands with tree preservation to fulfill the 88 planting islands requirement, as well as allow the one tree requirement per planting island be planted along the northern edge of the proposed parking pavement; ,~: 9. To allow some parking islands to be under the minimum area of 150 sq. ft. and a minimum width of 9-ft.; 10. To allow the four rows of parking by the tennis courts with handicap parking Spaces to not have the planting islands at the northern end; Variance! 11. To authorize concrete planting islands, as opposed to landscape islands, at the end of each row of parking. Councilmemb:er. Garcia seconded the motion; the motion carried 5-1 with Mayor Pro Tern:' Wl~eler and' Coucilmembcrs Garcia, Pctcrs, Tunnell, and York voting in faw~r of the motion, Councilmember Keenan voting against the motion, and Councilmembcr Stover abstained from the vote. At this time a short recess was held. Councilmember Stover resumed his place on the dais. 19. PUBLIC HEARING: Consider approval of Case No. PD-185, Coppell Industrial Addition, zoning change request from LI {Light Industrial) to PD-LI {Planned Development, Light Industrial), to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of CM05092000 Page 10 of 22 property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 19 and advised that no one had signed up to speak at the Public Hearing and ihat the applicant was present to answer any questions. !!~,iii,ii~!i~!~i~'~iiii'~ Aetion: Councilmember Peters moved to close the Public Hearing and approve Case No. PD-185, Coppell Industrial Addition, zoning change request from LI (Light Industrial) to PD-LI (Planned Development, Light Industrial), to allow a phased development .of 2 office/warehouse facilities totaling 1,900,000 square feet of 'space on approximately 100 acres of property located along the north side of W. Bethel Road and 50' east of N. R0~ Lane with the following conditions: ,~i:, Prior to City Council consideration, a detailed :"::" elevation plan must be approved by staff which uffiizes ':t~echniques, other.. than painting, to tone corners, reveals, building landscaping, and other architectural element; ~ !~!~i~~ i!Zi2iii All rooftop mechanical equipment shall be :! ii~:i:i!i!!ii~!ii!iii~!,,i~!ilCi~eened from view, subject to approval from the .l~:! Fire Marshal; '::'.)" .....3. The tree survey indicates 1,169" of protected trees will be removed as a result of development, with 0" preserved. A landscaping credit of 585" will be allowed due to replanting of the site. Further reparation for 584" of removed trees is required. This amounts to a payment of $58,400 to be paid to the Coppell Reforestation and Naturalization Fund. CM05092000 Page 11 of 22 Councilmember Garcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Coucilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 20. Consider approval of the Coppell Industrial Addition, Preliminary Plat, to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. Presentation: Gary Sieb, Director of Planning and Community Scrvice~:}~'!~'i'made a presentation to the Council. Action: Councilmember Tunnell moved to approve the Copl~i"'i'iil'ililill Industrial Addition, Preliminary Plat, ,.I-a~:'allow ~pha 'i~d dev:~iament of 2 Be~el Road ~a~i~ast of N. Royal Lane ~d appr ~.~ the Coppell Industrial Addition, Final Plat, to allow a phased devd~'~ment of an office/warehouse hcility totaling 600,000 square feei of space on approximately 33 acres of proper~ located along the north side of W. Bethel Road and 50' east 'of N. Royal L~e subject to the Bllowing conditions: 1. Fire Department regulations will be addressed at plan review. 2. The possible provision of a 15' utility hike/bike trail easement along the eastern property line. Consider approval of the Coppell Industrial Addition, Final Plat, to allow a phased development of an office/warehouse facility totaling 600,000 square feet of space on approximately 33 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. Action: This item was considered under Item 20. See Item 20 for minutes. CM05092000 Page 12 of 22 22. PUBLIC HEARING: Consider approval of Case No. S-1176, Jack In The Box Restaurant, zoning change request from {LI) Light Industrial to LI-S.U.P. {Light Industrial, Special Use Permit), to allow the construction of a 2,742 square foot fast food drive through restaurant on approximately I acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road. Presentation: Gary Sieb, Director of Planning and Community a presentation to the Council. Dennis Wazniak, appli.c~t,' made a presentation to the Council. ?i ....:..):'i. :.~ There were questions regarding the p~ing, traffic circulation, fire circulation, the difference between LI ~ HC zoning, and hours of o p e ratio n. letion: Councilmember Tunnell moved to close the Public Hearing and approve Case No. S-1176, Jack In The Box Restaurant, zoning change request from {L1) Light Industrial to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 2,742 square foot fast food drive through restaurant on approximately 1 acre of property located on the south side of B.H. 121, approximately 320' east of N. Denton Tap Road with the following conditions: 1. The applicant will build two drives on 12 1; 2. The dumpster will be moved to 9' to the West to reflect HC zoning guidelines, sideyard; 3. The color board as presented is what will be included; CM05092000 Page 13 of 22 4. The hours of operation will be as follows: Sunday - Thursday: Dining room will open at 6:00 a.m. and close at 10:00 p.m. and drive thru will close at 1:00 a.m. Friday - Saturday: Dining room will open at 6:00 a.m. and close at 10:00 p.m. and drive thru will close at 2:00 a.m. Mayor Pro Tem Wheeler seconded the motion; the motion carried 6-1 with Mayor Pro Tem Wheeler and Coucilmembers Garcia, Peters, Keenan, Tunnell, and York voting in favor of the motion and Stover voting against the motion. 23. Consider approval of the Jack In The Box Addition, Lot 1, Block 1~ Preliminary Plat~ to allow the construction of a 2,742 property located · . .... r e 320' east of N. Denton Tap. ROad, Presentation: Gary Slob, Director of Planning and munity Services, made a prcscntation to the Council. Issues Discussed: There was discussion regarding the fire lane. Action: Councilmember Tunnell moved to approve the Jack In The Box Addition, Lot 1, Block 1, Preliminary Plat, to allow the construction of a 2,742 squarc foot fast food restaurant on approximately I acre of property located on the south side of S.H.121, approximately 320' east of N. Denton Tap Road and provide that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tern Wheeler and Coucilmembers Garcia, Peters, Keenan, Tunnel1, Stover and York voting in favor of the motion. CM05092000 Page 14 of 22 24. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of the Jack In The Box Addition, Lot 1, Block 1, to allow the construction of a 2,742 square foot fast food restaurant on approximately I acre of property located on the south side of S.H.121, approximately 320' east of N. Denton Tap Road. Action: This Item was considered in Item 22. See Item 22 for minutes. 25. PUBLIC HEARING: Consider approval of Case No. PD-133R2, Magnolia Village {known as Magnolia Park), by amending the planned development conditions to attach a detail site plan to allow the development of 15,600 square foot retail building on approximately 2.10 acres of property along the west side of N. Denton Tap Road and south of the S.H. 121. Mayor Sheehan opened the Public Hearing on Item 25 and advise;d that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Presentation: Gary Sicb, Director of Planning and Community Services, made a presentation to the Council. Stephan Pliser, applicant, answered questions from the Council. was discussion regarding the use of surrounding plats, is there a deceleration lane included with plan, and tenants for the property. Action: Councilmember Peters moved to close the Public Hearing and approve Case No. PD-133R2, Magnolia Village (known as Magnolia Park), by amending the planned development conditions to attach a detail site plan to allow the development of 15,600 square foot retail building on approximately 2.10 acres of property along the west side of N. Denton CM05092000 Page 15 of 22 Tap Road and south of the S.H. 121. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Coucilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. 9-6. PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Replat of Lot 1R, Block C and Site Plan, to allow the construction of 88,179 square foot office/warehouse facility on approximately 8 acres of property located at the northwest corner of Lakeshore and Crestside Drives. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 26 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Gary Sieb, Direc[~;l~:~of Planning and Community Se s, made a presentation to the'Council. Steve Huff, applicant, ans d questions from the Council. Action: Councilmember Tunnel1 moved to close the Public Hearing and approve the Northlake 635 Business Park, Replat of Lot 1R, Block C and Site Plan, to allow the construction of 88,179 square foot office/warehouse facility on approximately 8 acres of property located at the northwest ~iii!~ corner of Lakeshore and Crestside Drives with the following conditions: !~i!/~i!!!~!!~ii!i~i! 1. Revise the site plan to provide for required non- 2. Prior to filing of the plat additional TXU easements will be provided, if necessary. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Coucilmembers Garcia, Peters, Keenan, Tunnel1, Stover and York voting in favor of the motion. CM05092000 Page 16 of 22 27. Consider approval of the Riverside Church of Christ, Site Plan Amendment, to allow the construction of a two-story addition to the existing church and additional parking spaces on 6.5 acres of property located at 150 E. Beltline Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the Riversideii:iiiii~urch of Christ, Site Plan Amendment, to allow the construction of a two-story addition to the existing church and additional parking spaces on 6.5 acres of property located at 150 E. Beltline Road with the following condition: with Mayor Pro Tern W.heeler and C0ucilmembers Garcia,:!~rs, Keenan, Tunnell, Stover and York voting in favor of the motion. 28. Consider ap..proval of the Town Center Addition, Lot 4, Block 1, Minor .Plat ~nd.'Si..te Plan, to allow the construction of 15,300 square foot: ret~X~ cen~er on approximately 2.1 acres of property located along the east side of N. Denton Tap Road, approximately 160' south of Town Center Drive. Presentation: i!~i~!ii~iii!!~!i~i~i!i~i~iii~ary Sieb, Director of Planning and Community Services, made a ~::!L!~ii!!~i!i!;!i~i~i: presentation to the Council. Kyle Bruns, applicant, answered questions from the Council. Issues Discussed: There was concern regarding landscaping or putting a wall up to hide the mechanical equipment at the back of the building. CM05092000 Page 17 of 22 Action: Councilmember Tunnell moved to approve the Town Center Addition, Lot 4, Block 1, Minor Plat and Site Plan, to allow the construction of 15,300 square foot retail center on approximately 2.1 acres of property located along the east side of N. Denton Tap Road, approximately 160' south of Town Center Drive with the following conditions: 1. $4,400 is due to the Coppell Reforestation Fund; 2. Show the right-of-way width for Denton Tap; 3. The monument sign must be no larger than 40'; 4. Landscaping on the back of building to shield the mechanical equipment. Councilmember Keenan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler Garcia, Peters, Keenan, Tunnell, Stover and York favor of the motion. 29. Consider approval of the Coppell Crossing, Lot 4, Block 1, Final Plat and Site Plan~ to allow the development of 8,498 square foot retail building on approximately 1.5 acres of property located at the northwest corner of S. MacArthur Boulevard and the D.A.R.T. right-of-way. Presentation: Gary. Sieb, Director of Planning and Community Services, made a presentation to the Council. Councilmember Tunnell called for an Executive Session. EXECUTIVE SESSION {Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Sheehan convened into Executive Session at 12:00 a.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive CM05092000 Page 18 of 22 Session at 12:04 a.m. and reopened the Regular Session, continuing with Item 29. REGULAR SESSION {Continued) {Open to the Public) Action: Councilmember Tunnell moved to approve the Coppell Crossing, Lot 4, Block 1, Final Plat and Site Plan, to allow the development of 8,498 square foot retail building on approximately 1.5 acres of property located at the northwest corner of S. MacArthur Boulevard and the D.A.R.T. right-of-way and the Coppell Crossing, Lot 5, Block 1, Final:: Plat and Site Plan, to allow the development of 5,046 square foot retail,~iib~aflding on approximately 1 acre property located along the west side of S. MacArthur Boulevard, approximately 580' north of the D.A.R.T. right-of- way. subject to the following condition: 1. The raceway of the signage :Shall match material on which ~ii~iii's mou~; i.e~ bronze Councilmember P.~S~ seconded the motion; the ~ii~otion ~ la'¢!'i ied 7-0 with Mayor Pro Tern .Wheeler and C0itcilmembers Garcia, F! ...... rs, Keenan, Tunnell, Stover and York voting in favor of the motion. 30. Consider approval of the Coppell Crossing, Lot 5, Block 1, Final Plat and Sit~ P..la.n, to allow the development of 5,046 square ..... foot retail building on ~proximately I acre property located !!~ii:/:i:i~i~iii~iiiii~ialong the west side of S~ MacArthur Boulevard, approximately ~!!ii!~i~!L:~i~!i~ii580' north of the D.A.R.T. right-of-way. ~his item was considered under Item 29. See item 29 for minutes. i?i i!i!iiaonsider approval of The Townhouses of Coppell, Final Plat, to allow the development of 92 townhouse units and 13 common area lots, on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately 1,700' south of E. Sandy Lake Road. CM05092000 Page 19 of 22 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember York moved to approve The Townhouses of Coppell, Final Plat, to allow the development of 92 townhouse units and 13 common area lots, on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately 1,700' south of E. Sandy Lake Road with the following conditions: 1. Compliance with Leisure Services comments regarding a fee of $1,285 per dwelling unit and observance of the Tree Preservation Ordinance. 2. TXU Easements need to be shown on the Plat. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and C0ucilmemb~rs Garcia, Peters, Keenan, Tunnell, Stover an~k voting in favor of the motion. 32~, Consi~ter approval of a Resolution on delaying Congressional action .on. Internet tax moratorium, and authorizing the Mayor to Jim City Manager, made a presentation to the Council. ...Th:e~re was discussion regarding the simplification of state and local sales taxes. Action: Councilmember Tunnell moved to approve the Resolution on delaying Congressional action on Internet tax moratorium, and authorizing the Mayor to sign. Councilmember Garcia seconded the motion; the motion carried 6I-1 with Coucilmembers Garcia, Peters, Keenan, Tunnell, Stover CM05092000 Page 20 of 22 and York voting in favor of the motion and Mayor Pro Tem Wheeler voting against the motion. 33. Necessary action resulting from Work Session. There was no action necessary from Work Session. 34. City Manager's Report. A. Coppell Art Center. B. Status of Freeport Exemption Program. C. Report on General Obligation Bond Issuance. A. Jim Witt, City Manager, spokc regarding the number of handicapped spaces at the Coppell Art Center. B. Jim Witt, City Manager, spoke regarding thc status of the Freeport Tax Exemption Status. i~i~iii!~i: C. Jim Witt, City Manage~., and Boyd London, First Southwest Company, made a presentation to the Council rcgarding the recent General 'Obligation Bond Issuance, Mayor and. Council Reports:. A. Youth Walk for Wise Choices requested by Mayor Sheehan. B.Tournament of Roses Parade requested by Mayor C. Comment by Councilmember Stover regarding Election Results. D. Comment by Councilmember Stover regarding Homestead ~:;!~;!ii~!; ;:ii! Exemption. A. Mayor Sheehan reported on the huge success of the Youth Walk for Wise Choices. B. Mayor Sheehan announced that there will be a barbecue held at the High School to raise money for the Band to march in the Tournament of Roses Parade. C. Councilmember Stover congratulated the winners from the May 6, 2000 election. CM05092000 Page 21 of 22 D. Councilmember Stover commented on property taxes and the need for the Homestead Exemption. 36. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. Candy Libby Ball, City Secretary : :.:. CM05092000 Page 22 of 22 CITY~ 8 ° COUNCIL MEETING: May 23, 2000 ITEM # ITEM CAPTION: Consider approval of awarding bid Q-0200-05 for Cleaning and Related SerFices of Municipal Buildings to Members Building Maintenance in the amount of $146,712.00 as budgeted for a one year period beginning June 1, 2000. SUBMITTED BY: Sheri Moino TITLE: Facilities Manager STAFF COMMENTS: The scope of the City's annual cleaning services contract increased this year due to the Aquatic/Recreation Center facility and the requirement of the custodial contractor to provide day staff during operating hours, 7 days a week. The cleaning of the new Animal Shelter was also added to the scope of services. This increase was budgeted in Facilities Management for fiscal year 1999-00. Bids were received from four bidders. The low bid was not considered based on previous poor performance record with the City of Coppell. The 2na low bidder submitted a letter requesting to decline their bid due to a miscalculation of their submittal. The 3ra low bid did not conform to the required bid specifications. Staff recommends awarding bid Q~0200-05 to Members Building Maintenance in the amount of $146,712.00 for a one year period beginning June 1, 2000. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funds for this contract are budgeted in the Facilities Nanagement Department~ DIR. INITIALS: ~ FIN. REVIEW:~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #clean CITY COUNCIL MEETING: May 23, 2000 ITEM # ITEM CAPTION: Consider approval of the revised Parks and Recreation Board bylaws as recommended by the Parks and Recreation Board. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: On May 1, 2000, the Parks and Recreation Board met in regular session and discussed possible revisions to the bylaws regulating their board. The Parks and Recreation Board have unanimously approved the attached copy of the proposed revisions to those bylaws. The changes involved relate to reflecting the name of the Leisure Services Department changing to the Parks and Leisure Services Department, Also, The Board recommends removal of the mention of a "Secretary" as the position does not serve any true function on the Board. Third, the Board recommends changing the absentee policy for members of the board to be consistent with those established by the City Council for all Boards and Commissions. Finally, consolidating certain Duties of the Board has eliminated repetitions. The copy attached shows the original language, which is recommended for removal or to be changed with a line through the words. The additions have then been shown in parenthesis, highlighted and in italics. BUDGET AMT, $ N:9\~ AMT, EST, $ +X-BID $ FINANCIAL COMME TS DIR. INITIALS:, ~._~..~ FIN, REVIEW: c~ CITY MANAGER REVIEW:, AMENDED BYLAWS OF COPPELL PARKS AND RECREATION BOARD ARTICLE I NAME The name of the organization shall be the Coppell Parks and Recreation Board, herein referred to as "the Board". ARTICLE H INTENT SECTION 1: The Board shah function as an advisory group to the Coppell City Council ARTICLE IH OFFICERS SECTION 1: The Chairperson, Vice-Chairperson ana-geet~F,a~ shall be elected during the October Board meeting each year for a one ( 1 ) year term. In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to temporarily assume the duties of that office until the next regular meeting at which time an election will be held to fill such vacancy. SECTION 2: The Chairperson shall preside at all meetings of the Board. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Board shah elect a Chair-Pro Tern. ARTICLE IV MEETINGS SECTION 1: Regular monthly meetings of the Board will be held on the first (l st) Monday of each month at 7:00 p.m. in the Town Center, City Hall second floor conference room unless changed by the Board. The Board shall hold such special meetings as shall be called by the Chairperson or upon written request of at least two (2) members of the Board or at the request of the City Council. Amended Bylaws of Coppell Parks and Recreation Board - Page 1 5/~5/2ooo SECTION 2: The order of business for each meeting shah be as contained in an agenda prepared by the (Parks and) Leisure Services Director or designated representative and the Board Chairperson. Any board member or citizen of Coppell may submit items to the Chairperson or (Parks and) Leisure Services Director to be considered for the agenda. SECTION 3: All meetings require a quorum of members to be present. SECTION 4: Five (5) members of the Board shall constitute a quorum for-the purpose of transaction of business, and no action of the Board shall be valid or binding unless adopted by an affirmative vote of four (4) or more members of the Board unless authorized by the laws of the State of Texas. SECTION 5: All meetings of the Board shall be open to the public unless otherwise permitted by law and shall be subject to the Open Meetings Act. SECTION 6: The Board shall submit to the City Council a copy of the minutes of each regular and special meeting with a list of any members absent from such meetings. (If a Board ~mber ~ abse~ for three (3) consec~ive re~ sched~ed ~etings, or of the re~arty sched~ed ~ngs with~ a 12 ~nth per~d, s~ ~er shall be re~ved from the Board, and the Ci~ Councit wal fili the un~ired te~) ARTICLE V POWERS AND DUTIES SECTION h The Board shall have the following powers and perform the following duties: A. Act in an advisory capacity only to the City Council in matters that pertain to the planning and development of parks and recreational facilities and shall not have any responsibility or authority over the public officials or employees of the City in the implementation of policies or operations of the parks and recreation facilities of the City B. The Board shall receive suggestions and recommendations from citizens relating to park and recreation facilities. Amended Byhws of Coppell Parks and Recreation Board - Page 2 5/~5~2ooo D. Solicit for City gifts, revenues, requests for endowmems of money or property as donations or grants from persons, subject to the approval and acceptance by the City Council. E. Study and make recommendations to the City Council for the improvement and expansion of the parks and recreation facilities and progratm of the City. F. Cooperate with organizations, clubs and groups concerned with recreation in the City. G. Study and make recommendations to the City Council on long range capital improvement programs for the parks and recreation facilities of the City. H. Follow the roles and regulations prescn'bed by the City Council for the conduct of its business. I. Review and make recommendations to the City Council regarding the master plan and guide for parks and recreation facilities. J. Adopt rules and regulations for the governing of their actions, proceedings, and deliberations and set the time and place of their meetings, subject to approval by the City Council. K. Maintain a close and coordinated working relationship with the Coppell Sports Council, the (Coppell) Recreation Development Corporation and other groups who are involved in the use or development of (Paths and) Leisure Services parks, projects or programs since these organizations have areas of overlapping responsibility. L. Advise the (Parks and) Leisure Services Director on problems of development of recreational area facilities, programs and improved recreational services. M. Review the effectiveness of the parks and recreation program with the (Parks and) Leisure Services Director. ARTICLE VII AMENDMENT SECTION 1: These bylaws may he mended by majority vote of the members of the Board (subject to City Council approval). Amended Bylaws of Coppert Parks and Recreation Board - Page 3 5/~saooo Amended Bylaws of Coppell Parks and Recreation Board - Page 4 snst2ooo ITYs COUNCIL MEETING: May 23, 2000 ITEM # ITEM CAPTION: Consider approval of the annual update of the City of Coppert Standards of Care for Youth Programs provided by the Parks and Leisure Services Department. SUBMITTED BY: Gary D. Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: As required by Senate Bill 212, as approved by the Texas Legislature during the 74m Legislative Session, the City Council is required to annually review and modify as needed, the City of Coppell Standards of Care for Youth Programs. Please see the attached memorandum regarding this matter. BUDGET AMT. $ ~ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS:i~ DIR. INITIALS: ~ FIN. REVIEV~ CITY MANAGER REVIEW PARKS AND LEISURE SERVICES DEPARTMENT Date: May 8, 2000 To: Mayor and City Council From: Gary D. Sims, CLP, Director ~ Re: Annual Review and recommendations of modifications to the City of Coppell Standards of Care Policy Manual. As required by Senate Bill 212, as approved by the Texas Legislature during the 74th Legislative session, it is the responsibility of the City Council to annually review and modify as needed, the City of Coppell Standards of Care for Youth Programs. These standards of care cover such areas as training of staff, disciplinary policies, issuance of medications, parental notification of confidential issues, etc. for all youth recreational programs operated by the City of Coppell. The original Standards of Care for Youth Programs was approved by City Council in 1997. The proposed changes are basically: 1. Names of supervisory staff have been changed. For example, in previous years, Dennis Slayton has been the supervisor; this year Lloyd Mauch, Recreation Services Supervisor, and Jane Anne Sellars, Recreation Manager, have been added as the responsible full-time staff. 2. School names have been changed. In previous years, where the middle schools have been shown, this year Lee and Valley Ranch Elementary are the site locations. We have changed the indication to Coppell Independent School District campuses. 3. In places where Leisure Services was indicated, it is now shown as Parks & Leisure Services. TABLE OF CONTENTS Standards of Care General Administration Organization Definitions Inspections Enrollment Suspected Abuse Staffing - Responsibilities and Training Site Director Qualifications Site Director Responsibilities Recreation Counselor Qualifications Counselor Responsibilities Training Orientation Operations Staff-Participant Ratio Discipline Programming Communication Transportation Facility Standards Safety Fire Health Toilet Facilities Sanitation General Program Information Registration Procedures Participant's Information Files Attendance Behavioral Reports Parent Release/Sign-Out Withdraw Procedures Illness of Participants Medication Transportation Field Trips Parent/Child Comraunication Staff Code of Ethics Summer Recreation Rules and Regulations Coppell Middle School East Rules and Regulations Age Groups Calendars Special Activities Appendix Registration Form Pick Up Form Method of Payment Trip Participation Waiver Form Medical Information Form Medication Waiver Medicine Form Drop Form Behavioral Form CITY OF COPPELL YOUTH PROGRAMS STANDARDS OF CARE The Standards of Care are intended to be minimum standards by which the City of Coppell Parks and Leisure Services Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not day care programs. GENERAL ADMINISTRATION 1. Organization A. The governing body of the City of Coppell Youth Programs is the Coppell City Council. B. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks a~d Leisure Services Department Director and Departmental employees. C. Youth Program ("Program") to which these Standards of Care will apply is the Summer Recreation Program. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on prospective Youth Program employees. If results of the criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) any offense involving moral turpitude; (5) any offense that would potentially put youth participants or the City of Coppell at risk. 2. Definitions A. City: City of Coppell B. City Council: City Council of the City of Coppell C. Department: Parks and Leisure Services Department of The City of Coppell D. Youth Programs or Program: City of Coppell Youth Programs currently consisting of the Summer Recreation Program. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Coppell Youth Programs. F. Director: City of Coppell Parks and Leisure Services Department Director or his or her designee. T^~ ..... c .... ~^~ Supcrintendcnt~R r atiomManager: City of Cop~ell Parks and Leisure Se~-ices Department Recreation Mamager. H. Recreation Services Supervisor: City of Cc~pei1 Parks and Leisure Services Department Recreation Services Supervisor. I. Site Director: City of Coppell Parks and Leisure Services Department part-time Programmer who has been assigned administrative responsibility for a Coppell Youth Program. J. Program Counselor: City of Coppell Parks and Leisure Services Department part-time employee who has been assigned responsibility to implement the City's Youth Program. K. Program Site: Area and facilities where Coppell Youth Programs are held consisting of the Coppell ~{iddlc School ~ ....... Independent School District Ca~es. L. Participant: A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a Coppell Youth Program. M. Parent(s): This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in Coppell Youth Programs. N. Employee(s): Term used to describe people who have been hired to work for the City of Coppell and have been assigned responsibility for managing, administering, or implementing some portion of the Coppell Youth Programs. O. Recreation Center: The Coppell Middle Independent School District campuses ~^~^~ ~ ~nn ......... ~ ............. which host9 the Summer Recreation Program. 3. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Director of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the o ..... ~+^~^~+ ~ ~^~ ..... c .... ~^~ Recreation Services Supervisor for review and kept on record for at least two years. Superintendent o~ Leisure ..... Recreation (2) The F Manager will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The c ..... ~+~~ ~ ~^~ o .... ~^~ eati ~ ................... sure ........ Recr ca Manager will make visual inspections of the Program based on the following schedule: (1) The Summer Recreation Program will be inspected twice during its summer schedule. C. Complaints regarding enforcement of the Standards of Care will be directed to the Site Director. The Coordinator Site Direotor will be responsible to take the necessary steps to resolve the problems. Care and of the c~~ e,~+ ~ T^isu c^rviccs resolution '.'~ ~ ~^+^d The Site Director will reoord ~;laints regarding enforQ,,,~nt Care and their resolution. The Recreation Services Supervisor of Parks ~ Leisure Sexyices will address serious eelplaints regarding enforcement of the Standards of Care and the oom~laint and the resolution will be noted. D. The ~F Manager will make an annual report to the City Council on the overall status of the Youth Program and its operation relative to compliance with the adopted Standards of Care. 4. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability waiver 7 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. STAFFIN~ - I~S~ONSIBI~ITI~SA~D 6. Youth Program Site Director Qualifications A. Site Director will be part-time, professional employees of the City of Coppell Parks and Leisure Services Department and will be required to have all Recreation Counselor qualifications as outlined in Section 7 of this document. B. Site Director must be at least 21 years old C. Site Director must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or .................... Recreation and Leisure Studies (2) Physical Education or Elementary/Secondary Education (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D. Site Director must have two years experience planning and implementing recreational activities. E. Site Director must pass a background investigation including testing for illegal substances. F. Site Director must have successfully completed a course in First Aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. G. Site Director must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 7. Site Director's Responsibilities A. Coordinators are responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Site Directors are responsible to recommend for hire, supervise, and evaluate Counselors. C. Site Directors are responsible to plan, implement, and cvaluate programs.for planning, ~,Tlementing, and evaluating progrJ~. 8. Recreation Counselor Qualifications A. Counselors will be part-time or temporary employees of the Parks and Rccrcation Leisure Services Department. B. Counselors working with children must be age 16 or older; however, each site will have at least one employee 18 years old or older present at all times. C. Counselors should be able to consistently exhibit competency, good judgement, and self-control when working with children. D. Counselors must relate to children with courtesy, respect, tolerance, and patience. E. Counselors must have successfully completed a course in First Aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a First Aid and CPR course within four weeks of starting ..... ~'.date. F. Each Counselor applicant~ust be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date. G. Counselors must pass a background investigation including testing for illegal substances. 9. Counselor Responsibilities A. Counselors will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Counselors will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to Coppell Youth Recreation Programs. C. Counselors must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the ~sei~f~--.Counselor. 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Site Director will provide each Counselor with a Program manual specific to the Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. 10 OPERATIONS 11. Staff-Participant Ratio A. In a Coppell Youth Program, the standard ratio of participants to Counselors will be 20 to 1. In the event a Counselor is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asking to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be 11 appropriate to participants' health, safety, and well-being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor time periods include: (1) alternating active and passive activities; (2) opportunity for individual and group activities, and (3) outdoor time each day weather permits. C. First Aid supplies and a First Aid and emergency care guide will be available in all Program vehicles that transport children. D. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. 14. Communication A. The Program site will have a pager to allow the site to be contacted by Parks and Leisure Services personnel, and the site will have access to a telephone for use in contacting the Parks and Leisure Services Department or making emergency calls. B. The Site Director will post the following telephone numbers adjacent to a telephone accessible to all Program employees at the site: (1) Coppell ambulance or emergency medical services. (2) Coppell Police Department (3) Coppell Fire Department (4) Coppell Middlc School East-Independent District 12 (5) Numbers at which parents may be reached (6) The telephone number for the site itself 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Site Director. B. First Aid supplies and a First Aid and emergency care guide will be available in all Program vehicles that transport children. Co All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. F~ILITY ST~ND~S 16. Safety A. Program employees will inspect the Program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Site Director. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have First Aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. 13 F. Program porches and platforms more than 30 inches above the ground must be equipped with railings participants can reach. G. All swing seats at the Program site must be constructed of durable, lightweight, relatively pliable material. H. Program employees must have First Aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to First Aid and emergency care. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director of Parks and Leisure Services who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Director of Parks and Leisure Services annual report to the Council. C. The Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Site Director, and a monthly report will be forwarded to the c ..... ~^~^~ ^~ T^~ ..... ~ .... ~^~ Recreation Manager who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguisher. D. Fire drills will be initiated at Program sites based on the following schedule: (1) Summer Recreation Program: A fire drill twice during the scssion.s~-~..~r. 18. Health A. Illness or Injury 14 (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. ~e ^~ ...... The Program ~-Tloyees will a-~4rdster no injections. 15 (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them indepen- dently and Program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 16 AGENDA REQUEST FORM ~ ' ~ *~%ITY COUNCIL MEETING: May 23, 2000 ITEM # __~__ rrBM CA nO q: Public Hearing to receive citizen input on possible projects for fiscal year 2000-2001 CDBG grant funding. SUBMITtED BY: Gary Sims TiTLE: Director of Parks and Leisure Services STAFF COMMENTS: The City of Coppell is eligible to receive grant funding for fiscal year 2000-2001 via the Community Development Block Grant, administered through the Dallas County Commissioners Court. This public heating is to gather input from the citizem of Coppell to obtain ideas on potential projects, which may qualify for funding through this program. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS.~ DIR. INiTIALS: ~'/ FIN. REVIEW~ CITY MANAGER REVIEW: Agenda Request Form- Revised 5/00 Document Name: PARKS AND LEISURE SERVICES DEPARTMENT INTEROFFICE MEMORANDUM Date: May 15, 2000 To: Mayor and City Council From: Gary D. Sims, CLP, Director~ Re: Community Development Block Grant We were recently notified by the D~ll~s County Commissioners' Court that Coppell is again qualified to receive Community Development Block Grant Funding (CDBG). To be eligible for these funds, the city council must hold a public hearing to solicit citizen input into proposed projects or to solicit projects from the community. The criteria for a CDBG requires the projects to be targeted for specific demographics: a. Low to moderate income, or b. Senior Citizens. or c. Physically Challenged In addition to meeting the above demographics, the project must be used or provide service for 51% of the population accessing the resulting project. In other words, 51% of the citizens using a project funded by CDBG must meet one or more of the above criteria. The current funding eligibility amount is approximately $190,000. We are currently under construction with renovation work on the Senior Citizen' s Center with funds from last year' s CDBG funding cycle. Based upon the above criteria, the Parks and Leisure Services Department staff does not have any projects that would meet the CDBG litmus test for funding, at this time. If no projects are identified, Council may request Dallas County hold these ~mds for one more year and combine them with next year' s funding to meet some future need. Staff will be available should you have any questions or wish additional information regarding this matter. · ~ e ~ 4~ CITY8 ~ COUNCIL MEETING: May 23, 2000 ITEM ITEM CAPTION: Consider approval of a contract between Pepsi-Cola Bottling Group and the City of Coppell, and authorizing the City Manager to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: eXIt DIR. INITIALS: FIN. REVIEW:c9c CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: !Pepsi City of Coppell Exclusive Soft Drink Sponsorship Analysis Goals and Objectives The City of Coppell's management team set the following objectives as the criteria for accepting a ten-year sponsorship for the Recreation and Aquatic Center, City Parks and City operated facilities. The criteria is: 1. Derive enough revenue to offset significant operational expenses of the Recreation and Aquatic Center. The goal amount anticipated was between $25,000 and $50,000 per year or $250,000 and $500,000 over the term of the agreement. 2. Leverage City assets, currently not utilized, to deliver a value for the soft drink partner. 3. Support all facilities City-wide. 4. Create a contxact that requires the successful vendor to provide "full service" stocking, repair/maintenance and collections so that all profits were net income for the City. 5. Coordinate and support all City activities, festivals and sporting events. Process Overview On May 5, 2000, Best and Final offers were received from all three soft drink proriders: Coke, Dr. Pepper and Pepsi. The response format detailed areas for response and suggested target amounts which were agreed upon by Coppell City Management after review of the initial responses. In order to accommodate and support the Youth Sports Associations, the second initiative requested a response for sponsorship amounts to be designated for support of the organizations. One of the respondents filled this request. The attached spreadsheet highlights the original bid from all parties and presents a comparison of the "Best and Final" offers. Analysis The "Best and Final" process yielded an overall increase of 11.7% in the guaranteed rights fees area and a 3% increase in the overall 10 package amount from the highest bidder. The most attractive offers were from Pepsi and Coke based on their higher guaranteed amounts. However, in Coke's higher option, the commission amounts are significantly lower with a bonus for achieving high case sales. In this instance, the risk of not receiving the bonus money high. If the same case unit sales as anticipated in Coke's offer is applied to Pepsi' s, then Pepsi 's total amount would be increased by $21,295 per year or $211,290 over the life of the contract. Coke's bonus for achieving the sales level is $15,000 per year. City of Coppell Soft Drink Sponsorship Analysis Page 2 The offer from Pepsi at $703,466 over the 10-year period is exclusive of Aquatic Center retail sales. Revenues generated from the concession sale of soft drinks should be between $30,000 and $40,000 per year conservatively. An area to be pointed out in the Pepsi bid is that Pepsi is offering 12 oz packages in addition to the 20 oz packages. Coke is only offering the 20 oz packages. Pepsi has a higher cost on water by .09 per unit. However, Pepsi is lower in cost on 20 oz cola by .05 per unit and on isotonic drinks by .09 per unit. By earmarking $10,000 per year for distribution to the Youth Associations, the City will be providing base funding dollars in support of the organizations while still allowing the Associations to profit directly from the concession sales during their events. Based on the agreements signed with other CRies, the contract from Pepsi is significantly higher and has many more provisions advantageous to the City of Coppell. For example: Free product and equipment at City festivals and events, free product in support of the event volunteers and marketing support to promote the city facilities. Recommendation Based on the criteria for success established prior to the first bid, the recommendation is to accept the Pepsi offer. Actions Execute a Memorandum of Understanding between the City of Coppell and Pepsi Bottling Group prior to the May 23 City Council meeting. Present and approve the MOU at the May 23ra meeting. Implement the contract by June 1, 2000. 0 0 ~ 0 ~ 0 0 'i AGREEMENT This Agreement is made by and between the City of Coppell, Texas (hereinafter called "City") and Pepsi-Cola Bottling Group, (hereinafter called "Advertiser"). WITNESSETH WHEREAS, Advertiser desires to obtain exclusive availability, promotional and advertising rights for beverage products of the Pepsi-Cola Bottling Group (hereinafter called "Company") and/or Advertiser; and WHEREAS, the City is vested with the authority to grant to Company/Advertiser the exclusive promotional, advertising, and beverage availability rights described herein with respect to all athletic fields and/or complexes (hereinafter defined) owned or operated by the City, including but not limited to Andrew Brown Park, West, Central and East; Wagon Wheel Park, Allen Park, The Duck Pond, MacArthur park, Threatt, Coppell Aquatic and Recreation Center, Town Center, Service Center, Fire Administration, Justice Center, Fire Stations 1, 2, and 3, Animal Shelter and Adoption Center; and WHEREAS, this Agreement is primarily an advertising and availability agreement entered into for the purpose of creating an association between beverages marketed by the Company and Advertiser, and the City; and to ensure the association between such parties is not undermined or diluted; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Definitions. (a) "City Marks" means the names, colors, and emblems and all trade names, trademarks, service marks, design, logos, mascots, characters, identifications, symbols, and other proprietary designs that are in existence on the Effective Date or which will be created during the Term and which are owned, licensed, or otherwise controlled by the City. (b) "Agreement Year" means each twelve month period beginning with the first day of the Term. (c) "Beverage or beverages" means all prepackaged hot or cold, carbonated and noncarbonated, nonalcoholic, natural or artificially flavored drinks for independent consumption, including, but not limited to nonalcoholic drinks with nutritive or nonnutritive sweeteners, soft drinks, frozen carbonated and noncarbonated beverages, flavored and/or mineral water, natural or artificially flavored fruit juices, fruit juice-containing drinks and fruit-flavored drinks (sweetened or unsweetened), tea products, hypertonic, isotonic, and hypotonic drinks (sports drinks, energy Agreement - Page 1 33845 and fluid replacement) ("Sports Drinks"); and all drink or beverage bases, whether in the form of syrups, powders, crystals, concentrates, or otherwise from which such drinks and beverages could be prepared. Beverage or beverages shall not include coffee products, milk, water drawn from the public water supply or juice squeezed fresh, or brewed tea. (d) "Athletic field or complex" means the entire premises of each and every athletic facility owned or operated by City either now or in the future, including without limitation, all athletic facilities, athletic offices, athletic maintenance facilities, and including for each location the grounds, parking lots, all buildings which are a part of the location, concession stands, press rooms, and vending locations owned and controlled by the City. (e) "Administration Offices" shall mean Town Center, Service Center, Fire Administration, Justice Center, Fire Stations 1, 2, and 3, and the Animal Shelter and Adoption Center. (f) "Competitive Products" means any and all beverages other than Products (as defined herein). (g) "Products" shall mean beverage products of Company or Advertiser as follows: Pepsi, Diet Pepsi, Caffeine Free Pepsi, Diet Caffeine Free Pepsi, Cherry Pepsi, Diet Cherry Pepsi, Mountain Dew, Diet Mountain Dew, Lemon Lime Slice, Diet Lemon Lime Slice, Orange Slice, Diet Orange Slice, Mug Root Beer, Grape Slice, Hawaiian Punch, Lipton Tea, Diet Red Slice, Red Slice, Pepsi One, Lipton Tea, Fruitworks Pink Lemonade, Fruitworks Peach Papaya, Fruitworks Tangerine Citrus, Fruitworks Apple Raspberry, Fruitworks Strawberry Melon, Lemon Lime Allsport, Orange Allsport, Cherry Allsport, Fruit Punch Allsport, Grape Allsport, Blue Ice Allsport, and Aquafina Bottled Water. Advertiser reserves the right to amend annually the Product List, which is attached hereto and incorporated herein by reference as if set forth in full as Exhibit "A", on or before June 1st Of each year during the term of this Agreement. (h) "Location or Locations" means any athletic field, complex and/or City owned Athletic field/Administration offices as defined herein. 2. Term. This Agreement shall be for a term of ten (10) years beginning on the date of its execution, unless mutually extended by written agreement of the parties, or unless sooner terminated as provided herein. Agreement - Page 2 33845 3_ Grant of Exclusive Beverage Availability and Beverage Merchandising Rights. City hereby grants to Advertiser the following exclusive beverage availability and merchandising rights, subject to the permitted exceptions set forth in Section 7, in accordance with the following terms and conditions: (a) Exclusive Beverage Availability at Athletic Fields and Complexes. Advertiser shall have the exclusive right to make Beverages available for sale and distribution at City administration offices, athletic fields and complexes. City agrees that Products shall be the exclusive Beverages sold, dispensed, served or sampled at the administration offices, athletic fields and complexes. City agrees that the City, its concessionaires and persons subject to City control shall purchase all Products that are to be available for sale and distribution at City administration offices, athletic fields and complexes, directly from Advertiser. (b) Permit Advertiser to place vending machines, (including cold carton merchandisers for juice products) as required to meet beverage availability needs at Locations provided herein. Vending machines shall only be placed in areas currently designated or designated in the future by the City as vending machine areas. Advertiser agrees to: provide vending machines; make product deliveries; collect money from the vending machines; and provide mechanical service and repairs for the vending machines all without cost to the.City. Advertiser agrees to service vending machines during normal working hours within twenty-four (24) hours after request by the City. Advertiser agrees that all vending equipment will be equipped with dollar bill acceptors and have a meter that will count each vend for control purposes; and to provide the City upon request with a copy of each vending machine. Advertiser further agrees that its salesman shall make necessary refunds at each delivery. The parties agree that the products, the subject of this Agreement shall be mutually agreed upon. (c) Permit Advertiser to place vending machine in all administration offices, athletic fields and complexes owned and operated by the City. (d) Exclusive Beverage Merchandising Rights. Advertiser shall have the exclusive right to merchandise Beverages on Locations including the following specific rights: (i) Point of Sale Advertising. Materials promoting Products at the point of sale shall be clearly visible to the purchasing public and shall be displayed in a manner and location acceptable to the City and Advertiser. City shall be given the fight to preview all materials and reject any material recently deemed by the City to be inappropriate. Advertiser shall also have the right to place vending machines and other dispensing equipment with full trademark panels on all sides. (ii) Concession/Menu Board Advertising. Trademarks for Products shall be prominently listed on the menu boards of all concessions. The size, type and manner of Advertiser's trademarks to be displayed on menu boards of all concessions shall be subject to Agreement - Page 3 33845 prior City approval. City reserves the right to allow trademarks and advertising for other Products not inconsistent with this Agreement to be listed on menu boards. Advertiser shall not list the trademarks for any other company, business or products without the written consent of the City. 4_ Grant of Exclusive Beverage Advertising and Promotional Rights. Subject to the permitted exceptions set forth in Section 8, City hereby grants to the Advertiser the exclusive right to advertise and promote Beverages in and with respect to the City athletic fields and complexes and with respect to the City Marks, events at the athletic fields and complexes, including the following specific advertising and promotional rights subject to the following terms and conditions: (a) Signage for Products. Advertiser shall be entitled to advertising panels located on the scoreboards. Such signage shall meet Advertiser's reasonable specifications as to design, construction, and general appearance however the location, size and appearance of any sign shall be subject to prior written approval of the City. Advertiser agrees not to grant advertising rights to others with respect to City owned and operated athletic fields and complexes or administration offices without prior written approval of the City. The City agrees not to grant advertising rights with respect to City owned and operated athletic fields and complexes to Competitive Products during the term of this Agreement except in connection with a special event for which advertiser has elected not to, or has refused to sponsor. (b) Obligation to maintain signage. City shall maintain all scoreboards, signs and other advertising for Products in good order and repair. (c) Access to signage. Advertiser shall have the right of access to its signage at all reasonable times for the purpose of replacement, repair, removal, or to modify, change or alter the promotional messages appearing thereon without cost to the City and subject to prior written approval of City which shall not be unreasonably withheld. (d) Promotional Rights. Advertiser shall have the right to promote the fact that Advertiser is a sponsor of the City athletic Locations, which may occur in all advertising, including television, radio, and print media, on the packaging of and at the point of sale of any and all Products wherever they may be sold or served, and may be conducted in cooperative advertising with Advertiser's customers at no additional cost to the City, provided however, the City has given prior written approval of such promotional advertising. (e) Sponsorship of Events. Advertiser shall have the right, at its option, to be the presenting sponsor and the exclusive Beverage sponsor of any events held by the City Parks and Leisure Services Department. Such sponsorship shall include the right, if without cost to the City, to have its name and trademarks associated with the event in all advertising by the event sponsor, the right to place advertising in any television, radio, cable, pay-per-view broadcasts, or Agreement - Page 4 33845 telecommunication forum from the event, and the fight to promote Advertiser's sponsorship of the event in Advertiser's advertising, including in cooperative advertising with Advertiser's customers provided however, the City has given prior written approval of any such advertisement or broadcast. The cost of sponsorship to Advertiser for such events shall be determined on an individual event. If for any reason advertiser elects not to, or refuses to sponsor any event, the City may, notwithstanding any other provision of this Agreement and without committing an act of default under this Agreement, seek sponsorship or enter into association with any other company including companies which may offer Competitive Products. 5. Consideration. (a) Sponsorship Fees. In exchange for the exclusive promotional rights, the exclusive Beverage availability rights and other rights described herein, Advertiser agrees and is obligated to provide and install at location designated by the City, without cost to the City, within thirty (30) days after execution of this Agreement. (b) Advertiser agrees to provide a fund for the sole purpose of installation and maintenance of scoreboards in the amount of Fifty Thousand Dollars ($50,000.00) payable upon execution of this Agreement and an additional payment of Seventy Five Thousand Dollars ($75,000.00) on June 1, 2001. (c) Advertiser agrees to pay as an additional amount to the City a commission of 20% per case of gross receipt, less any applicable sales tax, on all full-service vending machine sales of products from vending machines owned and/or serviced by Advertiser. The initial vend price for product at the Aquatic Center and all Parks shall be Sixty-five ($.65) cents for 12 ounce cans and One Dollar and twenty-five cents ($1.25) for 20 bottles. The initial vend price for product at the City Administration offices shall be Sixty ($.60) cents for 12 ounce cans and One Dollar ($1.00) for 20 bottles. However, Advertiser may adjust the vend price on an annual basis as necessary to reflect changes in its cost, including cost of goods with prior written approval of the City. The commission may be adjusted on an annual basis to stay competitive throughout the term of this Agreement upon the mutual agreement of the parties. (d) In addition, the Advertiser shall pay an exclusive fee of Thirty Thousand Dollars ($30,000.00) per annum during the term of this Agreement; the first payment shall be payable upon execution on June 1, 2000 with like payments due and payable on June 1 of every year thereafter during the term of this Agreement. (e) The commissions from vending shall be due and paid to the City on or before the fifteenth (15th) day of each month, for the previous month's beverage sales together with an accounting of all sales and monies in a form satisfactory to the City. (f) Youth League Sponsorship Fund: In addition to other sums hereunder, the Advertiser agrees to pay One Hundred Thousand Dollars ($100,000.00), payable in annual Agreement - Page 5 33845 installments of Ten Thousand Dollars ($10,000.00), to the City for the Youth League Sponsorship Fund. The Park Board shall, by July 1st Of each year, provide the Mayor and Council with a list of those Sports Associations who shall share in the proceeds of the Youth League Sponsorship Fund. In return for this sponsorship funding, these leagues agree to purchase products only from the Advertiser and not to sell any competitive products through the league operated concession stands. (g) If the City sells the minimum number cases of beverages provided below, except full service vending, the Advertiser agrees to pay an additional bonus of one dollar ($1.00) per case for every case of beverage purchased: Agreement year 4,200 2na year 5,900 3ra year and every year thereafter 6,200 [Example: Year one, if City purchased a minimum of 4950, the City would receive $4,950.00. If City sold 4100 cases, it would receive $0.00] 6_ Competitive Products. (a) Subject to the Permitted Exceptions in Section 8, during the entire Term and any renewal or extension thereof: (i) No Competitive Products may be sold, dispensed, or served anywhere on locations, except as otherwise provided herein. (ii) No permanent or temporary advertising, signage or trademark for Competitive Products will be displayed or permitted anywhere on Locations, except as otherwise provided herein. (iii) No agreement or relationship will be entered into or maintained by the City pursuant to which Competitive Products are associated in any manner with City Locations or events in any advertising, promotional activity, or other endeavor which creates or tends to create the impression of a relationship or connection between Competitive Products and the City, except as otherwise provided herein. Exclusive purchase of bottled and can product for youth athletic league associations utilized in City facilities are as follows: a. 12 oz. Carbonated Soft Drinks $ 7.20 per case b. 20 oz. Carbonated Soft Drinks $14.00 per case c. 20 oz. Isotonics $14.00 per case d. 20 oz. Bottled Water $14.00 per case Agreement - Page 6 33845 e. Prices are subject to increase during the term of the contract in accordance with nationally and/or locally recognized increases Special Event Provisions. (a) Special event equipment such as trailers, head and chest units, and super servers are available upon request at no charge, not to exceed five requests per year. (b) Advertiser will offer One hundred (100) cases per year of donated product for volunteers. (c) Advertiser will offer additional quantities of donated product to support special events as mutually agreed between the parties. 8_. Permitted Exception. The following items shall be considered a Permitted Exception: (a) Permitted competitive beverage availability. City's right to make available for sale on locations (i) fresh squeezed fruit juice, (ii) fresh brewed tea, and (iii) any other beverages so long as Advertiser does not distribute a similar product and such product is available to the City. City agrees that this provision shall not be read to allow advertising and promotional rights with respect to such Competitive Products except as otherwise provided herein, however trademarks for such Competitive Products may be displayed on menu boards and on dispensing equipment. 9_ Equipment and Service. (a) During the term, Advertiser will provide on a full-service basis to City, at no cost, (i) soft drink dispensing equipment currently installed at locations, and (ii) any additional equipment determined by Advertiser and City to be required in order to replace defective or worn out soft drink dispense equipment or to equip new locations. Advertiser agrees to install additional equipment or to replace defective or worn out equipment within thirty (30) days after written request by the City, and to install such at locations approved by the City. (b) City Agrees that it will execute any UCC Financing Statements or other documents evidencing Advertiser' s ownership of the equipment upon request. Advertiser agrees that it will execute any documents evidencing the City's ownership of the scoreboards prior to the expiration of the original term of this Agreement. The parties agree that vending equipment may not be removed without the owner' s written consent, and not to encumber the equipment in any manner or to permit the equipment to be attached thereto except as authorized by the owner. Agreement - Page 7 33845 (c) Advertiser will provide the City with delivery of products, collection of money and mechanical service for all vending machines without cost to the City. Service will be provided during normal business hours and within a minimum of twenty-four (24) hours after request by the City. Advertiser agrees that all vending equipment will be equipped with dollar bill acceptors and will have in good operating condition a meter that will count each vend for control purposes, and upon request by the City Advertiser' s salesman will fumish a copy of each invoice. Advertiser further agrees that its salesman shall make refunds as necessary at each delivery. 10. Loss of Beverage Availability or Advertising Rights - Termination. (a) City may terminate this Agreement without cause, upon ninety (90) days prior written notice to Advertiser. In the event of City termination without cause, the City shall pay to advertiser the prorata portion of the cost of the scoreboards installed and operating immediately prior to termination. The prorata portion of the cost of the scoreboards shall be determined by applying the product of the number of months the Agreement has been in effect, divided by 120 and the depreciated cost of the scoreboards. (b) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party for any one or more of the following reasons: (i) if any significant number of the products are discontinued on the locations or not made available as required herein by the City or City concessionaires; (ii) if any significant number of the rights granted to Advertiser herein are restricted or limited during the term; (iii) if any significant number of the provisions conceming competitive products are not complied with by either party; and (iv) either party has breached any of the terms or conditions of this Agreement. 11. Representation, Warranties and Covenants. (a) Representations, Warranties and Covenants of the City. (i) City Authority. City has full power and authority to enter into this Agreement and to grant and convey to Advertiser the rights set forth herein. Upon expiration or revocation of City's authority to convey in whole or in part the advertising, promotional, beverage availability and merchandising fights granted herein, this Agreement shall automatically terminate, and Advertiser shall have no further obligation to make any payments required. (ii) City Binding Obligations. All necessary approvals for the execution, delivery and performance of this Agreement by City have been obtained, and this Agreement is duly executed and delivered by the City and constitutes a legal and binding obligation of the City enforceable in accordance with its terms. Agreement - Page 8 33845 (iii) City Rights to License City Marks. To the extent allowed by law, the City has exclusive rights to license the City marks as provided herein. (iv) No Conflicts with Other Agreements. The City has not entered into and during the term of this Agreement will not, except as otherwise provided herein, enter into (a) any other agreements which would prevent it from fully complying with the provisions of this Agreement or (b) any agreement granting beverage availability and merchandising or promotional and/or advertising rights that are inconsistent with the rights granted to Advertiser pursuant to this Agreement, including any agreements with concessionaires or third party service operators, vending companies, boosters, parents or student groups, and other entities which sell or distribute competitive products. City further covenants to the extent allowed by law, that it will require compliance with relevant provisions of this Agreement by third party food service operators, vending companies, concessionaires, booster, parent and student groups, and/or other entities which sell or distribute products or sponsor events which are subject to this Agreement. (b) Representations, Warranties and Covenants of Advertiser. (i) Authority. Advertiser has full power and authority to enter into and perform this Agreement. (ii) Binding Agreement. All necessary approvals for the execution, delivery and performance of this Agreement by advertiser have been obtained and this Agreement has been duly executed and delivered by advertiser and constitutes legal and binding obligation of Advertiser enforceable with its terms. (iii) No Conflict with other Agreements. Advertiser has not entered into, and during the term of this Agreement, will not enter into any other Agreement which would prevent it from fully complying with the provisions of this Agreement. (c) General. Each of the parties hereto agree that the representations, warranties, and covenants contained herein shall survive the execution and delivery, and if appropriate the termination of this Agreement. 12. Notices. Any notice or other communication hereunder shall be in writing, shall be sent via registered or certified mail, and shall be deemed given when deposited, postage prepaid, in the United States mail, addressed as set forth below, or to such other address as either of the parties shall advise the other in writing: Agreement - Page 9 33845 If to City: City of Coppell P.O. Box 478 255 Parkway Boulevard Coppell, Texas 75019 If to Advertiser: Pepsi-Cola Bottling Group 13. Assignment. This Agreement or any part hereof shall not be assigned or otherwise transferred by either party without the prior written consent of the other party. 14. Modifications. No modification or waive of any of the terms and conditions of this Agreement shall be effective unless such modification or waiver is expressed in writing and executed by each of the parties hereto. 15. Relationship of Parties. The parties are acting herein as independent contractors and independent employers. Nothing herein contained shall create or be construed as creating a partnership, joint venture, or agency relationship between any of the parties and no party shall have the authority to bind the other in any respect. This Agreement may be amended only in writing signed by each of the parties hereto. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas; and venue for any action shall be in the State District Court of Collin County, Texas. 17. Retention of Rights. (a) City shall not obtain by this Agreement, any fight, title, or interest in the trademarks of the Pepsi Cola Bottling Group, nor shall this Agreement give City the right to use, Agreement - Page 10 33845 refer to, or incorporate in marketing or other materials the name, logos, trademarks, or copyrights of the Pepsi Cola Bottling Group. (b) Advertiser shall not obtain by this Agreement, any fight, title, or interest in the trademarks of the City of Coppell, nor shall this Agreement give Advertiser the fight to use, refer to, or incorporate in marketing or other materials the name, logos, trademarks or copyrights of the City of Coppell. 18. Captions. The captions used in this Agreement are for convenience only and shall not affect in any way the meaning or interpretation of the provisions set forth herein. 19. Additional Items. (a) Advertiser covenants, warrants and represents to City that this Agreement and the performance of all obligations hereunder is not in contravention or violation of any state or federal law; including but not limited to federal anti-trust statutes (15 U.S.C. Par 1, et seq.) and/or the Texas Free Enterprise and Anti-Trust Act of 1983 (Tex.Bus. &Com. Code Ann. Par 15.01, et seq.) Advertiser shall indemnify and hold harmless the City from all suits, claims, and/or demands that allege the Agreement violates any such laws. (b) Advertiser shall indemnify and hold harmless the City and its City Council, officers and employees from all suits, actions, losses, damages, claims or liability of any character, type or description, including but not limited to, all expenses of litigation, court costs, penalties and whatsoever and of any kind or nature arising directly or indirectly on the part of the Advertiser, its agents, servants, employees, contractors and suppliers, out of the operation under this Agreement. (c) Advertiser shall at its own expense provide such public liability insurance as will protect the Advertiser and City from all claims from damages to property and persons, including death, and particularly the use of Products, giving cause for claims or damages, which may arise from the operation of the business conducted under this Agreement or anyone directly or indirectly employed by the Advertiser. All policies or coverage shall be subject to prior approval of the City and shall include the City as an additional insured. (d) If any provision or term of this Agreement is judicially determined to be invalid, void or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable and shall in no way be affected, impaired, or invalidated if the same may be given effect without the void or invalid provision. (e) In the event City requests or needs other beverages or product which cannot be supplied or provided by Advertiser due to packaging and/or statutory mandates or any other Agreement - Page 11 33845 reason, and Advertiser and City cannot make a satisfactory agreement to cover such situation, the City shall have the right to purchase these beverages from other sources. 20. Entire Agreement. This Agreement shall constitute the final, complete and exclusive written expression of the intentions of the parties hereto and shall supersede all previous communications, representations, agreements, promises, or statements, either oval or written by or between either party. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed this ~ day of ,2000. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY PEPSI-COLA BOTTLING GROUP By: Name: Title: APPROVED AS TO FORM: By: Robert E. Hager, City Attorney Agreement - Page 12 33845 II I I III II III ^ 8 ~ CITY COUNCIL MEETING: May 23, 2000 ITEM ITEM CAPTION: Consider approval of a contract for the construction of the MacArthur Park Athletic Complex to Dean Construction in an mount not to exceed $1,437,480.00, and authorizing the City Manager to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Please see the attached memo for staff comments. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: Funds will be provided by the 2000 Bond Issue and an advance by the General F~ pending the payment of Park Development Fees, DIR. INITIALS: FIN. REVIEWC~ CITY MANAGER REVIEW: PARKS AND LEISURE SERVICES DEPARTMENT Date: May 15, 2000 To: Mayor and City Council From: Gary D. Sims, CLP, Director Re: Recommendation of bids received for the construction of MacArthur Park Athletic Complex. Bids were solicited and opened on May 15, 2000, for the construction of 7 Shetland and Pinto Baseball game fields, 2 multi-purpose lighted and irrigated practice fields, 85 parking places and a concession/restroom facility at MacArthur Park. Bids were received from 4 construction companies. See the attached bid tabulation for pricing for this work. Staff, in consultation with Schrickel Rollins and Associates, consultants, reviewed the bids and determined the lowest, best and most responsible bidder to be Dean Construction Company of Cedar Hill, Texas. Several alternates were bid to allow flexibility in awarding this project. The first alternate is an allowance of up to $54,000.00 for poss~le early completion. This allowance will be paid to the contractor at the rate of $1,200.00 per day for each day substantial completion on the "early-out package" is reached prior to August 31, 2000, up to a maximum of 45 days. The second altemate is a deductive alternate to remove the landscaping from the project. The third alternate is a deductive alternate to remove the work involved with Fading, irrigating and seeding the two large practice areas. The forth alternate is a deductive alternate to remove the work involved with grading, irrigating and seeding a small practice area south of the church property. The fifth alternate is a deductive alternate to remove the playground system from the project. The sixth alternate is a deductive alternate to remove decorative metal fencing at the western perimeter of the park in lieu of chain link fencing. The seventh alternate is a deductive alternate to remove the bleacher shade structures at all seven ball fields. Staff recommends accepting all altemates with the exception of numbers three and five, which will leave the work involved with installing the large practice areas and installing the playground included in the project. However, funding for the playground has yet to be identified and will need to come ~om other City sources should this item be approved by City Council. The cost for this playground is $82,785.00. The items removed from the bid will affect the total quality of the project by eliminating the landscaping. However, trees and shrubs can be installed by city staff at a later date. Also, the work to grade, irrigate and grass a small practice area will be eliminated from the project. This practice area was not included on the master plan of the park but was added during the construction documents phase. The work to install decorative metal fencing along the western boundary of the property is also eliminated. This fence rtms along MacArthur Blvd., along Fire Station No. 2 and north to the Church of the Apostles property. A chain link fence will be installed in lieu of the decorative metal fence. This brings the total award of this contract to $1,473,480.00. If you have questions please do not hesitate to contact me. Schrickel, Rollins and Associates, Inc. Consl.gtants in Landscape Architecture · Engineering ~ Planning victor W. Baxter, ASLA ~ Kent E Besley, ASLA ~seph E. Bradley, PE Terry T. Cheek, ASLA Terry E. Cullender Dino J. Ferralli, PE Daniel B. Hartman, PE Delbert W. Hirst, ASLA Sanford P. LaHue, Jr, PE Hershel R. Lindly, APA David K. McCaskill, ASLA Albert W. Rollins, PE May 16, 2000 Gene Schrickel, FASLA Mr. Gary Sims, Director of Leisure Services Mr. Brad Reid, Park Planning Manager City of Coppell P.O. Box 478 Coppell, Texas 7501 9 RE: MacArthur Park Project Dear Gary and Brad: Bids for the referenced project were opened at Town Center on May 15, 2000. There were four bidders. Dean Electric, Inc. d.b.a. Dean Construction is the apparent low bidder. Please see the attached Bid Tabulation. The base bids ranged from $1,642,000 to $1,742,000. In our opinion, the base bids of all four bidders are very close for a project of this nature. This closeness indicates that the construction documents are well understood, and that the bidders' estimators are in accord on current construction costs. Last month, Dean Construction was the successful bidder for the second phase of a project for ballfields (with a contract of approximately $3 million) which we designed for the City of PIano. We also designed the first phase and Dean constructed the first phase of the same project. The company has successfully completed park and athletic field projects designed by us in the period of 1992 to the present for the cities of Carrollton, Colleyville, Coppell, Grapevine, PIano and Richardson. Dean also lists six Coppell parks projects in approximately the same period. Although we have knowledge of this contractor, we have reviewed Dean's current references submitted with their bid proposal. In general, other consultants we have called 1161 Corporate Drive West ~ Suite 200 · Arlington, Texas 76006 ~ (817) 649-3216/Metro (817) 640-8212/FAX (817) 649-7645 Schrickel, Rollins and Associates, Inc. Mr. Gary Sims Mr. Brad Reid May 16, 2000 Page 2 with reference to recent or current projects confirm our experiences with Dean Construction as a contractor that is reputable, flexible, and often invited to bid subsequent projects. Thus, we do not have exceptions if the City intends to execute a contract with Dean Electric, Inc. d.b.a. Dean Construction for the construction of the MacArthur Park Project. Sincerely, S~C KE~D ASSOCIATES, INC. T.erry 'E Attachment '~~~ITY COUNCIL MEETING: May 23, 2000 ITEM#__/_~__ ITEM CAPTION: Consider approval of a Parks and Leisure Services Department Policy requiring criminal and moral turpitude background checks of all coaches, officials and team parents participating in youth sports utilizing City of Coppell athletic facilities. SUBMITtED BY: Gary Sims TITLE: Dir. of Parks and Leisure Svs. STAFF COMMENTS: Please see the attached staff memorandum concerning this agenda item. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: 9\~ PARKS AND LEISURE SERVICES DEPARTMENT Date: May 8, 2000 To: Mayor and City Council From: Gary D. Sims, CLP, Director Re: Recommendation of a City Policy requiring Criminal Background Checks for all Youth Sports Associations participating in the Coppell Sports Association In March of 1999, the Parks and Recreation Board formed a subcommittee to investigate the need for a criminal background check for youth sports coaches and officials of the sports associations utiliTing the City of Coppell athletic fields. The motive for this effort was brought on by the number of incidents both in Texas and nation-wide involving criminal injury to children by Pedophiles. The Park and Recreation Board felt the city should be proactive rather than reactive regarding who will be allowed the direct control, care, supervision and exposure to our children in organized activities utilizing city facilities. The Park and Recreation Board has determined that nationally, the trend is to institute a criminal background investigation of individuals that have direct and continuous contact with children participating in organized activities. Similar programs are already in place in the cities of Piano and Irving. Through the National Recreation and Parks Association, we also realize this is a very serious concem for many cities across the nation.. We have been informed that in the state of California, it is now state law to require such background investigations for all officials, instructors and coaches involved in organized activities for children. The Coppell Sports Council has worked very closely with the Park and Recreation Board Sub-committee in the development of this policy. Likewise, the City Attorney has also met with both of these groups and the attached policy is the result of these many months of effort. The Coppell Youth Soccer Association has implemented the process of criminal background checks for the last several years and found the screening has not caused any negative impacts on their progrant In short, each association will be responsible for developing their own application form to collect the appropriate information necessary to perform a check of the applicant for disqualifying convictions in the state of Texas. Each association will be responsible for the cost of the screening, the process and notification of the applicants of their reports. The policy has a list of "disquali~ers" that have been reviewed and recommended by the Parks and Recreation Board. It is the responsibility of each association to select a private company to perform the investigations. The associations will report only the individuals that have passed the screening and send a certification affirming the individuals on the list are approved to participate in coaching or officiating in their association. The Parks and Leisure Services Department will maintain the list of approved coaches and official.q in our files for each year. In addition to the coach and officials screening, the Parks and Leisure Services Department screens all employees and recommended applicants for both full-time and part-time positions criminal backgrounds and substance abuse. While these policies will not eliminate all possibilities of injury to a child by criminals, it will certainly prevent the indiscriminate use of indMduals that can be identified with such propensities. Both the Parks and Recreation Board and staff recommend your favorable consideration of this policy. ' ? e ~ '~ ~~ CiTy? ~ COUNCIL MEETING: March 23, 2000 ITEM ITEM CAPTION: Consider approval of the purchase of an additional E-911 Console for the Coppell Police/Fire Communication Center at an approximate cost of $71,463.00. SUBMITTED BY: Roy L. Osborne TITLE: Chief of Police STAFF COMMENTS: The addition of a third console is necessary due to an increase in radio, telephone, and computer traffic. It will also allow more efficiency in answering emergency and non-emergency telephone calls from the public. The newly formed Traffic Division has increased the volume of work that dispatchers must perform, along with growth of the city population / industrial growth has caused an increase in work volume. The third console will also allow for additional staffing on each shift that is necessary to maintain current customer service and ensure the safety of citizens and employees of the City of Coppell. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funds are available in designated Fund Balance - E911 for this project. DIR INIT FIN REVIEW CITY MANAGER REVIEW: X -' Agen a Reque - ' Document Name: )E911. doc CITY OF COPPEI,I, CONSOLE UPGRADE AND EXPANSION May 3, 2000 PRICING SUMMARY Equipment Total 51,056.00 Itemized Equipment List Attached Services Total Project Management System Installation System Programming Training 20,407.00 Project Total 71,463.00 ZO'd dS~:OI Motorola Quolel ( 130t Algonquin Red RI~{~F~!~I~M~ 8chaumburg, IL 60196 .............................-- Proposal - Customer Name Jay Kreps, City of Coppall Date 513100 Address 13"~'~'ov~n' center Blvd. Sales Bec~.y Smartt Cty,St,Zmp Coppe_!l_.l;~as 75019 ngineer Rankin_C_hapman __ one ' ~4~, 15 . Qty ..M0_d~i'_ D_esCription Unit Price TOTAL Position - Op 3 2 B1832 A i34 Inch High 1 Panel $1,213.00 2 B1832 B :34 Inch High No Panels $1,375.00 2 B1833 A 39 Inch High 2 Panels $1,35200 1 B1831 A Deskstand Enclosure - 29 inch High $1,405.00 1 Bq 807 Gold Sedes Classic Buttons & LEDs MCP $8,872.00 1 B1436 Auxiliary Control $301.00 5 B1405 TIR1 Channel Control $301.00 4 B1403 Speaker Module (Penal Mount) $450-00 2 K127 Add one foot suppod $85.00 1 K750 Add left side panel $140.00 1 K125 !Add vertical mounting mils $78.00 1 K749 Add right side panel $140,00 1 81248 El ' Blank Full Panel (10. 5 Inches) .$60.00 1 81248 A 'Ellank Half Panel (525 Inches) $45.00 1 K570 ' Headset jack $220.00 1 K704AA 2rid headset jack $220.00 1 K572AF Dual footswitch $96.00 1 K703AA Goose neck microphone $282.00 2 K153AK 50 foot cable $50.00 1 K577AG Telephone Interface $342,00 1 K768AC K788AC * Add Audio Expansion Interlace $1,597.00 1 K584AC AIt: 120V, 60Hz Power Supply $650,00 3 K708AA Pm Programmed Paging Switch $0,00 2 K834AA Group Paging $0.00 1 K734AA Alert Tone 3 $0.00 1 K25AG Alert Tone 1 $0-00 1 K70AD Timed Unselect Audio Mute $0.00 1 K363AA Multi-Select I $0.00 I K337AB Muiti-Sei t and APB $0.00 1 K732AA Signal Switch $0.00 1 K347AB Quick Call 11 Format - Tone &Voice $0.00 I K348AA Touch Code Format $43.00 2 B1401 Channel Control Panel $858.00 Page 1 Motorola Quote1 I BKN6170 Phone Headset Cable $1 ;34.00 CEB 2 BLN6200 AC Utility Stdp (60Hz) $94.00 Licenses I B1827 Gold Series License Manager $110.00 5 X834AA Upgrade to Cony. Channel (from Conv. NB ver,) $869.00 2 X826AA Upgfacie to Classic Compact (from Series I1+ B&L~ $4,950.00 1 )(290 Classic B&L Operator Software License $2,500.00 2 B1870A Audio Expansion Intfc Upgrade $1,032.00 3 B1872A Gold System Timer Upgrade $400.00 4 B1877A Gold Headset Jack Upgrade $220.00 I B1878 Upgrade Installation Manua)s Package $375.00 Drop Ships 1 L1921 1W x 45 x 2W x 45 x 1W Wnting Surface $1,476.00 I L1922 1W Desk Stand Writing Surface $285.00 ...... TOTAL Page 2 6-~61~i:~_,Ef., AGENDA REQUEST FORM ITY COUNCIL MEETING: May 23, 2000 ITEM # __ ITEM CAPTION: Consider approval of appointments to Council's Committees. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ ~ AMT EST. $ +\-BID $ FINANCIAL COMMENTS: ~ DIP,. INITIALS: FIN. REVIEW.'~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: %cotmcilenntdoc REV.: 05/26199 COUNCIL'S COMMITTEES CARROLLTON/FARMERS BRANCH ISD/LEWISVILLE ISD Council: Pat Keenan Appointed: 05/25/99 CITY/COPPELL ISD LIAISONS Council: Bill York Appointed: 05/25/99 Council: Doug Stover Appointed: 05/25 / 99 CISD: Kathie Gautille Appointed: 05/99 CISD: Dianne Miller Appointed: 05/99 CO PPELL CELEBRATES/PIGFEST Council: Greg Garcia Appointed: 05/25/99 COPPELL RECREATION DEVELOPMENT CORPORATION Council: Marsha Tunnell Appointed: 05/25/99 Council: Greg Garcia Appointed: 05/25 / 99 COPPELL SENIORS Council: Bill York Appointed: 05/25/99 D/FW NOISE FORUM Council: Jayne Peters Appointed: 05/25/99 Council: Larry Wheeler ' Appointed: 05/25/99 DALLAS CENTRAL APPRAISAL ADVISORY BOARD Council: Marsha Tunnell Appointed: 05/25/99 D/FW FILM COMMISSION Council: Marsha Tunnell Appointed: 05/25/99 RIB/.: 05/26/99 ECONO1VIIC DEVELOPMENT PARTNERSHIP Coundl: Doug Stover Appointed: 05/25/99 Jayne Peters Appointed: 05/25/99 METROCREST HOSPITAL AUTHORITY Council: Pat Keenan Appointe& 05/25/99 NCTCOG (NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS) (Appointed by City Council - annual basis) Council: Candy Sheehan -Voting Rep. Appointed: 05/25/99 NORTH TEXAS COMMISSION Courtall: Candy Sheehan Appointed: 05/25/99 SENIOR ADULT SERVICES Council: Jayne Peters Appointed: 05/25/99 TOWN CENTER/ARCHITECFURAL COMMITTEE Council: Larry Wheder Appointed: 05/25/99 Stair. Greg Jones, Chief Building Oflidal TRINITY RIVER CO1VIMON VISION COIVI1V[ISSION Council: Jayne Peters Appointeck 05/25/99 TRINITY TRAH. ADVISORY COMMITFEE Council: Jayne Peters , Appointed: 05/25/99 StaffS. Gary Sims, Director of Leisttre Services u:\usersXlballXelectionXstdycomm ~' ' ~ ~ '~~~'~~.***~ITY COUNCIL MEETING: May 23, 2000 ITEM # CITY MANAGER'S REPORT A. Update on Wagon Wheel and MacArthur Parks. B. Community Foundation Update CITY MANAGER'S REVIEW: May 23, 2000 ITEM CITY COUNCIL MEETING:^ ~ MAYOR AND COUNCIL REPORTS A. Report from Mayor Sheehan regarding Community Summit B. Report from Mayor Sheehan regarding Teen Court. C. Report from Mayor Sheehan regarding Chamber of Commerce May Luncheon. D. Report from Mayor Sheehan regarding EMS Fair. E. Report from Mayor Sheehan regarding Enforcement of Landscape Ordinance. F, Report from Mayor Sheehan regarding Budget Workshops. O. Report from Mayor Sheehan regarding Project Graduation. H. Report from Councilmember Keenan on Carrollton/Farmers Branch ISD. I. Report from Councilmember Keenan on Metrocrest Hospital Authority. J. Report from Councilmember Keenan regarding preliminary official statement dated May 1, 2000 issues last Council meeting, K. 1L,-port from Councilmember Tunnell regarding Texas Municipal League.. L. Report from Coundlmember York regarding High School Athletics. M. Report from Councilmember York regarding Wagon Wheel Park CITY MANAGER'S REVIEW: ~/~/