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CP 2000-10-24NOTICE OF CITY COUNCIL MEETING AND AGENDA OCTOBER 24, 2000 CANDY SHEEHAN, Mayor GREG GARCIA, Place 1 JAYNE PETERS, Place 2 VACANT, Place 3 JIM WITT, City Manager MEETING TIME AND PLACE: LARRY WHEELER, Place 6 Mayor Pro Tem MARSHA TUNNELL, Place 4 DOUG STOVER, Place 5 BILL YORK, Place 7 Executive Session 6:00 p.m. Library Board Room (Closed to the Public) Work Session Immediately Following Library Meeting Room (Open to the Public) Regular Session 7:30 p.m. Library Meeting Room (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, October 24, 2000, at 6:00 p.m. for Executive Session, with Work Session immediately following, and Regular Session will begin at 7:30 p.m., to be held at the William T. Cozby Public Library, 177 N. Heartz, 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 1. Cali to order. (Open to the Public) EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code • Deliberation regarding P"9e_, Real Property. 1. Purchase of public land generally west of Coppell Road and north of Bethel Road. ag10242000 Page 1 of 5 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 3. Convene Work Session A. Discuss Agenda for Boards and Commission Orientation for / Gyms October 28, 2000. B. Discussion regarding restricting Mockingbird and Sandy Lake Road. C. Park Land Acquisition. D. Discussion of Agenda Items. access at the intersection of REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Report by Parks and Recreation Board. 7. Citizen's Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: a J Op ycSA. Consider approval of minutes: October 10, 2000. B. Consider approval of canceling the second City Council Meeting for the months of November and December, being November 28 and December 26. C. Consider the appointment of Paul Tapscott to fill the 2 -year alternate l �a`Je vacancy on the Library Board and Stephanie L. Lemieux to fill the 1 -year alternate vacancy on the Library Board. D. Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to Roll -Off Container P�5 eS fees and zoning fees, and authorizing the Mayor to sign. E. Consider approval of a Resolution to extend the existing Arbitrage ,;Q U �RSGS Investment Rebate Services Agreement with Alan Johnson, CPA for an additional five-year period, and authorizing its execution by the City Manager. ag10242000 Page 2 of 5 ITEM # ITEM DESCRIPTION F. Consider approval of a resolution accepting the proposal for City Depository and Banking Services of Frost National Bank; and designating Frost National Bank, as the City Depository; and adopting a Depository Agreement and authorizing the Mayor to sign. G. Consider approval of an Ordinance amending Article 8.3 Parking, Section 8.3.1(A) of the Code of Ordinances for the City of Coppell to P"qC> prohibit parking, stopping or standing at all times on the south side of Woodmoor Drive from Samuel Blvd. to Marlee Circle; and authorizing the Mayor to sign. H. Consider approval of the attached draft of the Bylaws of the 5 �o`9Gs Telecommunications Board. END OF CONSENT 9. Consider approval of award of construction bid #Q-0800.05 to TLB Construction, Inc. for the construction of Practice Facilities at Andrew P° 9G5 Brown Park East, end of Moore Road, in an amount not to exceed $658,430.00, and authorizing the City Manager to sign. 10. Consider approval of a Project and the funding for the construction of Pasa5 Hike and Bike Trails Sections 1 and 3 of the Denton Creek Hike and Bike Trail of the City of Coppell Hike and Bike Trail System Master Plan in an amount not to exceed $547,000.00, as budgeted. 3 �G9cs 11. Update on S.H. 121 Development and Beltline Road. 12. Necessary action resulting from Work Session. 13. City Manager's Report. A. Update on Wagon Wheel and MacArthur Parks. I P�5 a B. Set Special Council Meeting for November 13th to canvass the election. 14. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Moonlight Walk. B. Report by Mayor Sheehan regarding Living Legacy Memorial Program. C. Report by Mayor Sheehan regarding Early Voting. D. Report by Councilmember Stover regarding letters from Lakeside Elementary School students. ag10242000 Page 3 of 5 ITEM # ITEM DESCRIPTION 15. 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 OR THE CITY SECRETARY DEPARTMENT AT TOWN CENTER. 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). ag10242000 Page 4 of 5 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. ag10242000 Page 5 of 5 T H [- C 1 T Y • O F COPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: October 24, 2000 ITEM # -ES' ,, EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of public land generally west of Coppell Road and north of Bethel Road. SUBMITTED BY: Jim Witt TITLE: City Manager INITIALS AGENDA REQUEST FORM R a 16 ITY COUNCIL MEETING: October 24, 2000 ITEM # W5s_ WORK SESSION A. Discuss Agenda for Boards and Commission Orientation for October 28, 2000. B. Discussion regarding restricting access at the intersection of Mockingbird and Sandy Lake Road. C. Park Land Acquisition. D. Discussion of Agenda Items. CITY MANAGER'S REVIEW: MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works k7 Date: October 24, 2000 RE: Work Session: Discussion regarding restricting access at the intersection of Mockingbird and Sandy Lake Road. Because of the sequencing of construction necessary to complete Sandy Lake Road between Samuel and MacArthur, a visibility problem has been created at the intersection of Mockingbird with Sandy Lake Road. More specifically, it is very difficult to determine if there is on -coming traffic and the speed of on -coming traffic as you attempt to exit Mockingbird at Sandy Lake Road. Initially, the north side of Sandy Lake Road was constructed to allow for westbound traffic. The eastbound traffic remained on the old existing section of Sandy Lake Road. The elevation of Sandy Lake in the vicinity of Samuel and Mockingbird is being cut approximately 4 to 5 feet. Therefore, you currently have a section of roadway where the new westbound section is approximately 4 to 5 feet lower than the old existing eastbound section, which is about 4 to 5 feet higher than the intersection of Mockingbird (see Exhibit B). Because of the drop-off, barriers needed to be placed along the edge of the old existing section of Sandy Lake Road. These barriers, while providing safety to the traveling cars on Sandy Lake Road, are creating a visibility problem for vehicles trying to exit Mockingbird to either cross or enter Sandy Lake Road. This situation will exist for approximately three months. The old existing section of Sandy Lake Road, where the eastbound traffic is, cannot be lowered at this time because directly beneath that section is the City of Dallas' water line that supplies water to the Town of Flower Mound. That water line will be lowered as part of this project; however, it cannot be taken out of service until a new City of Dallas water line is installed parallel to the existing line. Once the new line is installed, the old water line will be taken out of service, connected to the new water line at both ends and then the old existing section of Sandy Lake Road can be removed. Because of the safety and visibility issues, several alternatives have been explored: 1. Remove the barricades on the south side of old Sandy Lake Road; this creates a safety hazard for vehicles traveling on old Sandy Lake Road. 2. Close off Mockingbird in its entirety at Sandy Lake Road; this will restrict vehicles leaving Mockingbird to enter Sandy Lake Road and vehicles on Sandy Lake trying to enter Mockingbird. Because of the middle school on Mockingbird and because Mockingbird is a collector street which carries southbound traffic, restricting access from "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Sandy Lake to Mockingbird could worsen morning traffic patterns in and around the area. 3. Restrict northbound traffic on Mockingbird from entering Sandy Lake Road; this option still allows vehicles on Sandy Lake to turn onto Mockingbird to access the middle school or to utilize Mockingbird to get to Belt Line Road for traffic movement in the mornings. However, it eliminates vehicles trying to exit Mockingbird to enter Sandy Lake. That is the traffic maneuver which has the limited visibility and the safety concerns. If you restrict vehicles from leaving Mockingbird to enter Sandy Lake Road, those vehicles still have several other options available to them: 1) to utilize Eagle to Raven to Sandy Lake Road; 2) to utilize Swallow or Sparrow to Quail to Moore to Sandy Lake. Vehicles further south on Mockingbird could use any of those options in addition to Oriole to Shadowcrest to Moore to Sandy Lake or Cherrybark to Sugarberry to Mapleleaf to Sandy Lake Road (see Exhibit A). Each of the above options route northbound traffic on Mockingbird onto residential side streets to access other streets that intersect Sandy Lake Road. This would be an inconvenience for the period of time that Mockingbird is closed off from accessing Sandy Lake Road; however the safety issues should outweigh the inconvenience. We are aware that there is also a percentage of the vehicles utilizing Mockingbird to directly access the shopping center on the north side of the intersection. Routing those vehicles to Moore, Raven or Sugarberry takes them out of the way; but again, it provides them a safer maneuver as opposed to trying to cross Sandy Lake Road at Mockingbird. Staff supports Option #3 that restricts access from Mockingbird to Sandy Lake Road. If Council approves this item, then notices will be sent to the residents along Mockingbird, Eagle, Swallow, Sparrow, Quail, and Raven to alert them that for a period of time vehicles could be utilizing those residential side streets because of the closure of Mockingbird at Sandy Lake Road. Staff will be available at the Council meeting to answer any questions. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Sight Visibility from Mockingbird looking west. �� I L��ll I l RI®I I IMM Z O U) x o H U Fn (es(n < JLU °la i' O a19 QH Q�U w i� �4i m LLJ 0 0 U 0 Z I'iFii x W W X o .°06.1 2FYHZ nal-. X Q U t vE� ¢ w jr W wOo2 Flu a<U O0 aO 2 Z z CL o w a O O Z -�w 0 Q 00 _X Mw Y N W Oz 0 WO a� Z � N F Z yN�(UJ SD W Q RQ W JI I I O O Z -�w 0 i Z m 0 W; o z 0��, W O U i 3°p m U > aS F-OlyY 'rMyi m U g X z o W %.` waz Ozz� W w LU - u k> O Z w ; 3 zQ� oUm z� w aog oa ao CL a Z S J O O O z ¢ _ ~ m LLJ oz5 �o z CL U) o S N U) u m w pz wo O z w< w W OV08 3HV1 AGNVS 3z zcn ' w j �Q za wQ 0 0 r on z z PD N O K r z�a � w aF3 azw ow? O a r -T ~ g . C I T Y - 0 F AGENDA REQUEST FORM COPPELL r e x e s , e ° CITY COUNCIL MEETING: October 24, 2000 ITEM # & ITEM CAPTION: Report by the Parks and Recreation Board. SUBMITTED BY. Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW -.9f Agenda Request Form - Revised 5100 Off -B-13 CITY MANAGER REVIME Document Name: "/ubdreportdoc K . C , T Y - o . AGENDA REQUEST FORM COPPELL CITY COUNCIL MEETING: October 24, 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 Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). CITY MANAGER'S REVIEW- AGENDA REQUEST FORM x ^�� , e CITY COUNCIL MEETING: October 24, 2000 ITEM CAPTION: Consider approval of minutes: SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: October 10, 2000. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS:@0XI DIR. INITIALS: +\-BID $ CITY MANAGER Agenda Request Form - Revised 5100 Document Name: %mina ITEM # MINUTES OF OCTOBER 10, 2000 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 10, 2000, at 6:00 p.m. in the Library Meeting Room of William T. Cozby Public Library, 177 N. Heartz, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember Councilmember York was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Sheehan called the meeting to order and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071 (1) and (2), Texas Government Code - Consultation with City Attorney. 1. Sowell vs. City of Coppell. 2. Consultation regarding lease/license on property at the 'Baptist Foundation" property located on Bethel Road between Park Road and Coppell Road. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Purchase of public land generally west of Coppell Road and north of Bethel Road. Mayor Sheehan convened into Executive Session at 6:10 p.m. as allowed under the above -stated article. Mayor Sheehan adjourned the Executive Session at 6:45 p.m. and opened the Work Session. CM10102000 Page 1 of 20 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Traffic at Beltline Shopping Centers. B. Utilization of Athletic Fields in City Parks. C. Park Land Acquisition. D. Board Orientation Agenda. E. Discussion of Agenda Items. REGULAR SESSION 4. Invocation. and MacArthur (Open to the Public) Pastor Ken Hovland, Rejoice Lutheran Church, led those present in the invocation. S. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 6. Consider the appointment of Rene' Lawson to the Parks and Recreation Board and Jack Leathers to the Telecommunications Board. Councilmember Tunnell moved to appoint Rene' Lawson to the Parks and Recreation Board and Jack Leathers to the Telecommunications Board. Councilmember Garcia seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell, and Stover voting in favor of the motion. 7. Swearing in of Board/Commission/Committee appointees who have not been sworn in. The Board and Commission members present were sworn in at this time. CM10102000 Page 2 of 20 8. Consider approval of a Proclamation naming the week of October 23 through October 31, 2000 as RED RIBBON WEEK, and authorizing the Mayor to sign. Mayor Sheehan read the Proclamation for the record and presented the same to Officer Kubieck. Councilmember Tunnell moved to approve a Proclamation naming the week of October 23 through October 31, 2000 as RED RIBBON WEEK, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 9. Presentation of award of appreciation to ICGlobal for development of City's Web site. Mayor Sheehan announced that this item was pulled from the agenda to be presented at another time. 10. Citizen's Appearances. There was no one signed up to speak on this item. 11. Consider approval of minutes: September 26, 2000. Action: Councilmember Tunnell moved to approve the minutes of September 26, 2000. Councilmember Garcia seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 12. Consider approval of an Ordinance for Case No. ZC-603 (CH), zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 8.8 acres of property located at the southeast corner of S.H. 121 and Denton Tap Road. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-269 for Case No. ZC-603 (CH), zoning change from LI (Light Industrial) to HC CM10102000 Page 3 of 20 (Highway Commercial) on approximately 8.8 acres of property located at the southeast corner of S.H. 121 and Denton Tap Road. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 13. PUBLIC HEARING: Consider approval of Case No. PD -91R -SF -7, Northlake Woodlands East, Phase II, Lot 2, Block 10, zoning change request for property zoned PD -91 -SF -7 (Planned Development - 91, Single Family -7), to allow for the construction of a second - story addition with less than 80% masonry located at 723 Swallow Drive. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 13 and advised that no one had signed up to speak at the Public Hearing. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Issues Discussed: Mayor Sheehan announced that Mayor Pro Tem Wheeler had filed a Conflict of Interest on Item 13 with the City Secretary and he stepped down from the dais. There was discussion regarding the status of the completion of the addition. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-9IR-SF-7, Northlake Woodlands East, Phase II, Lot 2, Block 10, zoning change request for property zoned PD -91 -SF -7 (Planned Development -91, Single Family -7), to allow for the construction of a second -story addition with less than 80% masonry located at 723 Swallow Drive. Councilmember Peters seconded the motion; the motion carried 4-0 with Councilmembers Garcia, Peters, Tunnell and Stover CM10102000 Page 4 of 20 voting in favor of the motion and Mayor Pro Tem Wheeler abstaining from the vote. Mayor Pro Tem Wheeler returned to his place on the dais. 14. PUBLIC HEARING: Consider approval of the Riverchase Estates, Lot 11, Block B, Replat, to allow the replatting of the 25' front yard building line along Old York Road to a 15' side yard on the property located at 1313 Stonecrest Drive. Public Hearing Mayor Sheehan opened the Public Hearing on Item 14 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Riverchase Estates, Lot 11, Block B, Replat, to allow the replatting of the 25' front yard building line along Old York Road to a 15' side yard on the property located at 1313 Stonecrest Drive. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of Case No. PD -189, Hooptown, zoning change request from LI (Light Industrial) to PD -189 -LI (Planned Development -189 -Light Industrial), to allow the construction of an indoor basketball/ recreation facility on approximately 17.063 acres of property located along the north side of Belt Line Road, east of the intersection of Belt Line and Denton Tap Roads. CM10102000 Page 5 of 20 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. The design contractor answered questions from Council. Cliff Myloskie, Landscape Architect, made a presentation to Council. Public Hearing Mayor Sheehan opened the Public Hearing on Item 15 and called for those wishing to speak against the proposal to come forward. There was no one present in opposition to Item 15. The Mayor then called for those wishing to speak for the proposal to come forward. Brad Karnstedt, 1508 Kingsmill Court, John McMillin 1308 Big Canyon Drive, Flower Mound; and Brion Sargent, 4040 Glenridge, Dallas came forward to speak in favor of the proposal. Tom Lyons, 938 Hills Creek Drive, McKinney, answered questions from Council. Issues Discussed: There were questions regarding what the focus of this business would be; what type of seating will be available; what type of facilities would be available; would there be any seating available for spectators; what commitments from different organizations have been made to the facility; would any concession stands be made available in the future; does the facility have any 2012 Olympic interest; and there were questions regarding why Coppell and why now. Action: Councilmember Stover moved to approve Case No. PD -189, Hooptown, zoning change request from LI (Light Industrial) to PD -189 -LI (Planned Development -189 -Light Industrial), to allow the construction of an indoor basketball/ recreation facility on approximately 17.063 acres of property located along the north side of Belt Line Road, east of the intersection of Belt Line and Denton Tap Roads with the following conditions: 1. City Council must approve the proposed living screen in lieu of a 6' -high masonry wall. 2. The applicant must comply with Section 34-2 of the Zoning Ordinance per Brad Reid, Assistant Director, Parks and Leisure Services which requires the following: The HOOPTOWN proposal removes 892" of protected trees. The Tree Mitigation Plan as proposed CM10102000 Page 6 of 20 by the developer claims 895" of Landscaping Credit. This is not allowed by ordinance. The Ordinance allows only a 50% landscape credit by planting trees to replace those removed. There are no trees preserved on the site so a preservation credit will not be allowed. The landscape credit will account for 446" of trees removed. Therefore, monetary reparation for 446" of trees will be required on this development at $100.00 per inch. 3. Provide additional landscaping around the proposed building, decreasing the spacing between the trees, providing additional trees with a larger canopy, and providing additional lower growing plantings. 4. Special Exception approval by the Board of Adjustment, per Section 34-1-8 (B.3) of the Landscape Ordinance allowing for rows of parking with less than 5 spaces. 5. This use provides one loading area, with approximately three (3) loading spaces, however in the event that another use occupies this building then additional loading areas will be required per Section 31-3 of the Zoning Ordinance. 6. Hours of operation shall be limited to 6 a.m. - 11 p.m. seven days per week. Mayor Pro Tem Wheeler seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 16. Consider approval of the Hooptown, Lots 1 & 2, Block A, Preliminary Plat, to allow the development of an indoor basketball/recreation facility on approximately 27.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. CM10102000 Page 7 of 20 Action: Mayor Pro Tem Wheeler moved to approve the Hooptown, Lots 1 & 2, Block A, Preliminary Plat, to allow the development of an indoor basketball/ recreation facility on approximately 27.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. Councilmember Stover seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 17. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat for Hooptown, Lots 1 & 2, Block A, to allow the development of an indoor basketball/recreation facility on approximately 17.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. Action: Councilmember Tunnell moved to approve providing the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat for Hooptown, Lots 1 & 2, Block A, to allow the development of an indoor basketball/ recreation facility on approximately 17.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. Councilmember Stover seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. S-1180, Wings To Go, zoning change request from TC (Town Center) to TC-S.U.P (Town Center, Special Use Permit), to allow the operation of a 1,440 square foot restaurant and private club to be located in Suite 230 of the Town Center Shopping Center at 106 N. Denton Tap Road. CM10102000 Page 8 of 20 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Juan Sauceda, 1120 Thornridge Circle, Argyle, answered questions from Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 18 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Issues Discussed: There was discussion regarding other locations of this restaurant. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. 5-1180, Wings To Go, zoning change request from TC (Town Center) to TC-S.U.P (Town Center, Special Use Permit), to allow the operation of a 1,440 square foot restaurant and private club to be located in Suite 230 of the Town Center Shopping Center at 106 N. Denton Tap Road with the following conditions: 1. The development of this property shall be limited to the site plan, floor plan and signage as attached to and made part of the Ordinance. 2. The hours of operation being 11 a.m. to 10 p.m. Sunday through Thursday and 11 a.m. to 11 p.m. Friday and Saturday. 3. Permit the sale of beer on the premises only as provided by Texas State Law. 4. A 750 gal. (minimum) grease trap will be required to be furnished with finish -out package. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. CM10102000 Page 9 of 20 19. PUBLIC HEARING: Consider approval of the Northlake Business Center, Phase I, Replat and Site Plan, to allow a parking lot on 1.37 acres of property located along the west side of North Lake Drive; north of Belt Line Road. 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 that the applicant was present to answer any questions. Issues Discussed: There was discussion regarding lighting of parking lots. Action: Councilmember Tunnell moved to close the Public Hearing and approve the Northlake Business Center, Phase I, Replat and Site Plan, to allow a parking lot on 1.37 acres of property located along the west side of North Lake Drive; north of Belt Line Road. Mayor Pro Tem Wheeler seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 20. PUBLIC HEARING: Consider approval of the Park West Commerce Center, Site Plan Amendment and Replat of Lots 1 & 3, Block 7, to amend the existing Site Plan to construct two office/warehouse buildings and revise the parking and landscaping on approximately 14.62 acres of property located at the northeast corner of Enterprise and Wrangler Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. CM10102000 Page 10 of 20 Public Hearing: Mayor Sheehan opened the Public Hearing on Item 20 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Action: Councilmember Peters moved to close the Public Hearing and approve the Park West Commerce Center, Site Plan Amendment and Replat of Lots 1 &, 3, Block 7, to amend the existing Site Plan to construct two office/warehouse buildings and revise the parking and landscaping on approximately 14.62 acres of property located at the northeast corner of Enterprise and Wrangler Drive with the following conditions: SITE PLAN CONDITIONS: 1. City Council must approve the proposed living screen in lieu of a 6'- high masonry wall. 2. City Council must approve a variance to the Subdivision Ordinance, allowing the easternmost driveway to be spaced approximately 85' from an adjacent driveway on a 40 -mph street. 3. A monument sign shall not be permitted on-site. 4. Special Exception approval by the Board of Adjustment, per Section 34-1-8 (B.3) of the Landscape Ordinance allowing for rows of parking with less than 5 spaces. 5. Building materials shall be as those submitted on the color board. REPLAT CONDITION 6. City Council must approve a variance to the Subdivision Ordinance, allowing the easternmost driveway to be spaced approximately 85' from an adjacent driveway on a 40 -mph street. Councilmember Tunnell seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. CM10102000 Page 11 of 20 21. CONTINUATION OF PUBLIC HEARING: Consider approval of Case No. PD -188, HO -C, zoning change request from HO -C and HO -C -S -1125R (Historic Overlay, Commercial and Historic Overlay, Commercial, S -1125R) to PD -188 -HO -C (Planned Development -188, Historic Overlay, Commercial), to allow the construction of a restaurant with a private club and the expansion of a free-standing beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane. Public Hearing: Mayor Sheehan announced that the Public Hearings on Item 21 and Item 22 were still open from the September 12, 2000 City Council meeting. Action: Councilmember Peters moved to continue Items 21 and 22 until the November 14th City Council meeting. Councilmember Tunnell seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 22. CONTINUATION OF PUBLIC HEARING: Consider approval of Case No. S-1179, zoning change request from HO -C (Historic Overlay, Commercial) to PD -188 HO-C- S.U.P. (Planned Development -188, Historic Overlay, Commercial, Special Use Permit), to allow a restaurant with a private club on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane. This item was considered under Item 21. See Item 21 for minutes. 23. PUBLIC HEARING: Consider approval of Case No. PD -171R -HC, Verizon Communications (GTE), zoning change request for property zoned PD -171 -HC (Planned Development -171 -Highway Commercial), to allow a revision to the approved signage on CM 10102000 Page 12 of 20 approximately 35.6 acres of property located at 750 Canyon Drive. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Jay Hancock, applicant, made a presentation to Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 23 and advised that no one had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Issues Discussed: There were questions regarding the directional signs in other LI areas. Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD -171R -HC, Verizon Communications (GTE), zoning change request for property zoned PD -171 -HC (Planned Development- 171 - Highway Commercial), to allow a revision to the approved signage on approximately 35.6 acres of property located at 750 Canyon Drive with the following condition: 1. Denial of the movement control signs as submitted. The movement control signage shall comply with Section 29-3.2 of the Zoning Ordinance. Mayor Pro Tem Wheeler seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 24. Consider approval of the Everybody Fits, Site Plan, to amend the existing Site Plan to construct an indoor sports/recreation center located on approximately 3.4 acres of property on North Texas Court, west of N. Denton Tap Road. CM10102000 Page 13 of 20 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the Everybody Fits, Site Plan, to amend the existing Site Plan to construct an indoor sports/ recreation center located on approximately 3.4 acres of property on North Texas Court, west of N. Denton Tap Road with the following conditions: 1. Attached tenant signage shall be rectangular cast - stone panels with smaller identical black font as Everybody Fits signage; logo colors, if used, shall be similar to the green and gold -tone accents on the building. These panels shall be externally illuminated. 2. Any food service operation will require a Special Use Permit prior to a Certificate of Occupancy being issued. 3. Additional specifications of the materials and colors proposed for all facades of the building, including metal roof and metal railings along the roofline need to be defined on the elevations and the color board. 4. This use is permitted to have one (1) loading area, however in the event another use occupies this building, additional loading areas will be required per Section 31-3 of the Zoning Ordinance. Councilmember Stover seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 25. Consider approval of the Canterbury Court, Preliminary Plat, to allow the development of single-family homes on approximately 6.373 acres of property located at the northeast corner of DeForest Road and MacArthur Boulevard. CM 10102000 Page 14 of 20 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mark Donaldson, Dowdy -Anderson, applicant, made a presentation to Council. Bill Anderson, Dowdy - Anderson, answered questions from Council. Issues Discussed: There was discussion regarding the thin wall brick and the tree mitigation requirements. Action: Councilmember Peters moved to approve the Canterbury Court, Preliminary Plat, to allow the development of single-family homes on approximately 6.373 acres of property located at the northeast corner of DeForest Road and MacArthur Boulevard with the following conditions: 1. City Council approval of the alley elimination. 2. City Council approval of the cul-de-sac length of 630 feet. 3. The Final Plat being titled a "Final Plat of Canterbury Court, being a re -plat of portions of Tracts 1 and 2 and all of Tract 3 of Creek Bend Estates and previously unplatted property." 4. Approval of the Homeowner's association documents by the City Attorney. 5. The developer agrees to ensure the maintenance and replacement, when necessary, of the new trees for a period of two years from the time of planting. 6. Trees on individual lots may be mitigated on a lot -by - lot basis subject to: a. Language being placed on the Final Plat relating to the required tree reparation due on individual lots shall be acceptable to staff. CM 10102000 Page 15 of 20 7. Enhance the wall treatment with the addition of a cap system on top to add some depth. Also, include an ending feature/element at the ends of the wall along DeForest Road and MacArthur Boulevard. 8. After reviewing the preliminary plat for Canterbury Court, Travis Crump, Deputy Fire Chief/Fire Marshall, determined that the name of the street coming of Canterbury needs to be changed. The current name of the street is Wellshire Court. We currently have a street named Wilshire and the similarity between the two names can lead to confusion. Councilmember Garcia seconded the motion; the motion carried 4-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters and Stover voting in favor of the motion and Councilmember Tunnell voting against the motion. 26. Consider approval of the Creekview 2, Lot 3, Block B, Site Plan, to allow the development of an office building on approximately 1.95 acres of property located along the east side of S. Denton Tap Road; south of Bethel Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Issues Discussed: There were questions regarding ADA compliance. Action: Councilmember Tunnell moved to approve the Creekview 2, Lot 3, Block B, Site Plan, to allow the development of an office building on approximately 1.95 acres of property located along the east side of S. Denton Tap Road; south of Bethel Road with the following conditions: 1. City Council must approve the proposed living screen in lieu of a 6' -high masonry wall. CM 10102000 Page 16 of 20 2. If additional retaining walls are required, they shall be designed to match the proposed pavestone retaining walls. 3. Landscape Plan and Site Plan need to be consistent (entrance radii). Mayor Pro Tem Wheeler seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 27. Consider approval of the Coppell Center for the Arts, Site Plan Amendment, to provide two additional disabled parking spaces and air conditioning unit on 1 acre of property located at 157 S. Moore Road; south of Sandy Lake. Action: Councilmember Tunnell moved to approve the Coppell Center for the Arts, Site Plan Amendment, to provide two additional disabled parking spaces and air conditioning unit on 1 acre of property located at 157 S. Moore Road; south of Sandy Lake with the following condition: 1. Dwarf Burford Hollies shall be installed on the west and south sides of the cooling unit to adequately screen from view. Councilmember Garcia seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 28. Consider approval of amending and restating the Tax Abatement Agreement between the City of Coppell and Prentiss Properties Acquisition Partners, L.P. dated December 8, 1998, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. CM 10102000 Page 17 of 20 Action: Councilmember Tunnell moved to approve amending and restating the Tax Abatement Agreement between the City of Coppell and Prentiss Properties Acquisition Partners, L.P. dated December 8, 1998, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 29. Consider approval of amending and restating the Tax Abatement Agreement between the City of Coppell, Prentiss Properties Acquisition Partners, L.P. and International Business Machines dated December 8, 1998, and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: Councilmember Tunnell moved to approve the amending and restating the Tax Abatement Agreement between the City of Coppell, Prentiss Properties Acquisition Partners, L.P. and International Business Machines dated December 8, 1998, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell and Stover voting in favor of the motion. 30. Necessary action resulting from Work Session. There was no action necessary under this item. 31. City Manager's Report. A. Sports Field Utilization. A. Clay Phillips, Deputy City Manager, reported on the issues revolving around the Sports Association field utilization that will CM10102000 Page 18 of 20 follow the City Ordinance regulations and they are as follows per agreement between the Parks and Recreation Board and staff. 1. Game field only status of our fields. 2. Field utilization. 3. Field closings due to inclement weather. 4. Charging entry fees to different sporting events held at public City parks. 32. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Coppell Youth Leadership. B. Report by Mayor Sheehan regarding Metroplex Mayors' Association. C. Report by Mayor Sheehan regarding TML Regional Meeting. D. Report by Mayor Sheehan regarding Moonlight Walk. E. Report by Mayor Sheehan regarding City Council Work Session - October 17. F. Report by Mayor Sheehan regarding the Homecoming Parade. A. Mayor Sheehan thanked the staff at the Coppell Aquatic and Recreation Center on the great job they did hosting the October meeting of the Coppell Youth Leadership and Councilmember Stover for his input on career development. B. Mayor Sheehan reported on the Metroplex Mayors' Association meeting attended earlier that day on the subject of drug trends in the Metroplex. The speaker was a DEA agent who spoke on the current drug trends in this area. The Mayor also invited Councilmembers to attend November's meeting at which Representative Kenny Marchant will be the speaker, which will be held Tuesday, November 14th to discuss the next legislative session. C. Mayor Sheehan reported on the TML Regional Meeting attended Monday, October 9th on the redistricting that will be occurring in the Metroplex. CM10102000 Page 19 of 20 D. Mayor Sheehan announced that the Moonlight Walk will be held on October 1601 at Andy Brown Park East at 6:30 p.m. to support a Drug Free Coppell. E. Mayor Sheehan announced that a joint Work Session may be held on October 17th with the department directors. F. Mayor Sheehan thanked the Coppell High School Student Council and senior class on the great job they did on this years Coppell High School Homecoming Parade. 33. 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. W W01.91A Libby Ball, City Secretary Candy Sheehan, Mayor CM10102000 Page 20 of 20 T H E C 1 T Y O F AGENDA REQUEST FORM F x s q CITY COUNCIL MEETING: October 24, 2000 ITEM # A s A ITEM CAPTION: Consider approval of cancelling the second City Council meeting for the months of November and December, being November 28 and December 26. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS.V W DIR. INITIALS: FIN. REVIEW:C4 +\-BID $ CITY MANAGER REVIEW: Agenda Request Form - Revised 5100 Document Name: °/ocancelmtg T H E - C 1 T Y O F • r r AGENDA REQUEST FORM xa d� 115 CITY COUNCIL MEETING: October 24, 2000 ITEM # ITEM CAPTION: Consider the appointment of Paul Tapscott to fill the 2 -year alternate vacancy on the Library Board and Stephanie L. Lemieux to fill the 1 -year alternate vacancy on the Library Board. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: OV DIR. INITIALS: FIN. REVIEW:* +\-BID $ CITY MANAGER RE Agenda Request Form - Revised 5100 Document Name: %appt T H E - C I T Y - O F COPPELL AGENDA REQUEST FORM r e x n a CITY COUNCIL MEETING: October 24, 2000 ITEM # ITEM CAPTION: Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to Roll -Off Container fees and zoning fees, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: Due to the addition and deletion of zoning fees, the number sequence has changed. Therefore, all zoning fees have been included even though not all fees changed. Actual zoning fee changes include: Amendment to Residential PD, involving two (2) or less lots - added fee of $150; deleted zoning appeal and land study fees; Replat fees have been divided into three categories: Non -Residential; multifamily, and residential. Additionally, a $50 fee has been added for Zoning verification letters. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: DIR. INITIALS FIN. REVIEW: +\-BID $ [GINVAuRILIFX4121 Agenda Request Form - Revised 5/00 Document Name: $amndl A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING, IN PART, THE MASTER FEE SCHEDULE, AS AMENDED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and to add others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 3, Coppell City Code, of the Master Fee Schedule be amended by adding thereto a new Section 3-5-11, which shall read as follows: "Chapter 3, Coppell City Code Sec. 3-5-11, Roll -Off Containers SECTION 2. That Chapter 12, Coppell City Code (Zoning), of the Master Fee Schedule be amended as follows: 36650 30 Yard 34 Yard 42 Yard Special Waste Haul Monthly Rental $ 128.38 $ 128.38 $ 128.38 $ 128.38 Delivery Fee (each) $ 47.75 $ 47.75 $ 47.75 $ 47.75 Cost per pull $ 190.56 $ 218.25 $ 276.90 $ 162.16 Liner (Special Waste)$ 40.00 $ 40.00 $ 40.00 $ 40.00 Disposal Cost included included included dependent on type of special waste" SECTION 2. That Chapter 12, Coppell City Code (Zoning), of the Master Fee Schedule be amended as follows: 36650 "Chapter 12, Coppell City Code (Zoning) 1. Standard Zoning Filing Fee 9including (PD) $500.00 minimum, plus $10.00 per acre or portion thereof 2. Special Use Permit $400.00 minimum, plus $5.00 per acre or portion thereof 3. Residential PD, involving 2 or less lots $150.00 4. Conceptual Site Plan When submitted with zoning request No charge Submitted separately $100.00 5. Development Plan (Detail Site Plan) $400.00 6. Preliminary Plat $100.00 + $4.00 per lot 7. Amending Plat $100.00 + $4.00 per lot 8. Secondary and Minor Plats $100.00 + $4.00 per lot 9. Final Plat: Non -Residential $100.00 + $35.00 per acre Residential $500.00 + $20.00 per lot Multi -Family $100.00 + $3.00 per unit Estate District $30.00 per acre 10. Replat: Non -Residential $100.00 + $35.00 per acre Multi -Family $100.00 + $35.00 per acre Residential $100.00 + $5.00 per lot 11. Zoning Verification Letters $50.00 12. Zoning case withdrawal Before publication of notice of public hearing 50% Refund After publication No Refund SECTION 3. That nothing in this Resolution is intended to be, nor should it be construed as, a waiver of any other provisions of the Texas Public Information Act or any other law, and the City expressly reserves any and all rights and remedies available to it under the Texas Public Information Act or otherwise at law. SECTION 4. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. 2 36650 SECTION 5. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. SECTION 6. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2000. AS TO FORM: ROBERT EER, CITY ATTORNEY (REH/cdb 10/9/00) APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY 3 36650 THE . C , T .. o F AGENDA REQUEST FORM COPPELL CITY COUNCIL MEETING: October 24, 2000 ITEM # • 0 ITEM CAPTION: Consider approval of a resolution to extend the existing Arbitrage Investment Rebate Services Agreement with Alan Johnson, CPA for an additional five year period, and authorizing its execution by the City Manager. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: Attached are the proposals/fee schedules from Alan Johnson, CPA, First Southwest Asset Management, and Arbitrage Compliance Specialists to provide the federally mandated arbitrage rebate computations for the City's bond issues. Based on the level of service currently being provided and the proposed rate schedules, staff recommends extending our existing arbitrage rebate agreement with Alan Johnson, CPA for an additional five year period. (See attached fee comparison). BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: +VBID $ Funds for this service are budgeted in the Finance Department Othei Services Account (01-05-01-4220) DIR. INITIAL FIN. REVIEWCK CITY MANAGER Agenda Request Form - Revised 5/00 Document Name: $arbitrE Arbitrage Rebate Calculation Services Fee Schedule Comparison 10 -Oct -00 Service Provider Alan Johnson, CPA First Southwest Asset Mgmt. Arbitrage Compliance Specialists One -Time Annual Initial Base Fee Set-up Fee Per Issue Per Issue Debt Service Reserve Funds $ 1,500.00 $ $ $ 2,000.00 $ - $ $ 1,500.00 $ 500.00 $ 41#I111I11 ALAN JOHNSON, CPA P. O. BOX 867 MANSFIELD, TEXAS 76063 September 30, 2000 Ms. Jennifer Armstrong, Finance Director City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Dear Ms. Armstrong, Please consider this my proposal to extend my contract to provide Arbitrage Rebate Services for the City of Coppell for an additional five years. The extension will be through fiscal year 2005. The services provided in the extended contract will be performed in compliance with the same terms and conditions as set forth in the original contract. The fees will remain the same at $1,500.00 per issue per year for fixed rate bond issues. The original contract was to provide services for 1996 through 2000. 1996 was a "catch up" year that was for bond years 1991 through 1996. After 1996, the service was to calculate arbitrage rebate requirements, if any, for all active bond issues each year through fiscal year 2000. Currently, there are 14 active bond issues that require arbitrage rebate calculations. This will change from year to year. As the bond funds for a bond issue are completely spent, there will be no calculation requirements for that issue in the following fiscal year. Also, as the city adds new bond issues, there will be additional calculations required for those issues. If you have any questions or need additional information, please contact me. I look forward to the extension of my contract so that I may continue to provide municipal bond arbitrage rebate services for the city. Sincerely, Alan Jo s ,CPA :aleQ :DDU :=UN �G VdO `NOSNHOf NV1V :aleQ op?.L :auceN SVXal `'P73dd00 30 ALIO NOISNI31X3 30 NOLLf103X3 .LN3Iv33ZIJV S30IAW3S HIVEBd IN aNIS3ANII 39VHIIUHV :FIRSTSOUTHWESTASSETMANACEMENT,INC Randec R. Wilson, CPA S-- Viae P .... d.n. Mr. Chad Beach City of Coppell 255 Parkway Blvd. Coppell, TX 75019 Re: Arbitrage Rebate Computations Dear Chad: September 6, 2000 Pursuant to your request, I am enclosing our standard fee schedule to perform arbitrage rebate computations. Based upon our conversation, our annual fee would be a base fee of $2,000 per issue for each of the City's bond issues that require computations. Additionally, we charge $500 for issues that also have a reserve fund. If, however, an issue has spent the proceeds of the issue and only has a reserve fund left, our annual fee is reduced to $1,000 for the reserve fund only. Finally, if it is necessary to analyze the debt service fund to test to see if it is bona fide. I have also enclosed information about the arbitrage rebate services provided by First Southwest. First Southwest Asset Management, Inc., ("FSAMI") and its affiliates have has been providing arbitrage rebate compliance services since 1987 in response to the needs of our clients imposed by the Tax Reform Act of 1986. We have a staff of fifteen people devoted exclusively to the arbitrage compliance needs of our clients. FSAMI serves as the arbitrage consultant for over 300 issuers nationally and performs calculations for over 2,300 bond issues with a total par amount in excess of $65 billion. Should you have any questions regarding your specific compliance needs or desire more information on the services that we provide, please do not hesitate to contact your financial advisor or one of our arbitrage consultants at (800) 678-3792 or directly at (214) 953-4061. Thank you for considering our firm. Sincer Randee .Wilson cc: W. Boyd London, Jr. 1700 Pacific Avenue • Suite 1300 • Dallas,, Texas 75201-4652 •214-953-406[ • 1-800-678-3792 • Fax 214-953-4111 First Southwest Asset Management, Inc. Arbitrage Rebate Compliance Services Fee Schedule Description Annual Fees Per Computation Year (1) Base Fee Per Computation Year: $2,000 Additional Charges for: Debt Service Reserve Funds $500 Commingled Funds 500 Transferred Proceeds 500 Debt Service Fund Residual Calculations (Excess Tax Collections) 500 Variable/Floating Rate Bond Issue 1,000 Yield Restriction Analysis/Yield Reduction Computation 500 Quick Turnaround Fee (within 15 days of receipt of information) 500 Commercial Paper: Per allocated issue to perform arbitrage rebate computation 4 000 Penalty Calculations: Semiannual fee for each issue of Bonds, regardless of issue size. 1 000 (1) A "Computation Year" represents a one year period from the delivery date of the issue to the date that is one year after the delivery date, and each subsequent one-year period thereafter. Therefore, if a calculation is required that covers more than one "computation year," the annual fee is multiplied by the number of computation years contained in the calculation being performed. For example, if the first calculation performed for an issue covers three computation years, the fee for that calculation would be three times the annual fees stated above. Recognizing that computational complexities are reduced when all or the majority of the gross proceeds of an issue are expended, it is First Southwest's policy to reduce fees to the following levels, as appropriate: Per issue fees will be reduced to the following: ❑ Proceeds expended. Liability updated and no report issued. ❑ Proceeds expended. Liability updated and report issued. ❑ Reserve Fund only ❑ Escrow Fund only ❑ Rebate Fund only ❑ Debt Service Fund only ❑ Preparation of IRS Refund Request ❑ Yield Restriction/Yield Reduction Computation only 500 500 1,000 1,000 500 1,250 2,000 f ** IRS refund request fee will be determined on a per issue basis, based upon the estimated time and complexity involved. First Southwest's fees are payable upon delivery of the report prepared by First Southwest, commencing one year after the date of delivery of the Bonds and on each computation date thereafter during the term of the Agreement, unless terminated earlier. The fees for computations of Arbitrage Amount which encompass more, or less, than one full year of investment data performed during the same computation period shall be prorated to reflect the longer, or shorter, period of work performed during that period. EXPLANATION OF ADJUSTMENTS TO BASE FEE Debt Service Reserve Funds. The authorizing documents for many revenue bond issues require that a separate fund be established (the "Reserve Fund") into which either bond proceeds or revenues are deposited in an amount equal to some designated level, such as average annual debt service on all panty bonds. This Reserve Fund is established for the benefit of the bondholders as additional security for payment on the debt. In most instances, the balance in the Reserve Fund remains stable throughout the life of the bond issue. Reserve Funds, whether funded with bond proceeds or revenues, are subject to the rebate requirement and must be included in any calculations of rebate. 2. Commingled Fund Allocations. By definition, a commingled fund means that the proceeds of any particular bond issue have been deposited in a fund that contains amounts that are not part of that bond issue. It is common for issuers to commingle bond proceeds with either operating revenues or other bond proceeds. The arbitrage regulations, while permitting the commingling of funds, require that bond proceeds be "carved -out" for purposes of calculating rebate. Interest must be allocated to the portion of the commingled fund that represents bond proceeds of the issue in question. 3. Transferred Proceed Calculations. When a bond issue is refinanced (refunded) by another issue, special calculations referred to as transferred proceeds calculations may have to be performed. Under the regulations, when proceeds of a refunding issue are used to pay principal on a prior issue, a prorata portion of the refunded bond proceeds are treated as "transferred" to the refunding issue. Although no funds are physically transferred from one issue to another, it is often necessary to perform these paper calculations for rebate purposes. 4. Debt Service Fund Residual Calculations. Because tax rates are established using an estimated collection percentage, it is not uncommon for the balance in the debt service fund (often referred to as the Interest & Sinking Fund) to exceed the amount necessary to pay the current year's debt service requirements. When the Tax Reform Act of 1986 was passed, Congress instructed that excess amounts in a debt service fund be treated as a "reserve fund," thereby subjecting the excess balance to the rebate requirements. To the extent that any amounts deposited in the debt service fund remain for more than thirteen months on a first -in, first -out basis, that excess is classified as a "reserve fund portion" until used for payment of debt service. In most instances, the "No -Arbitrage Certificate' related to the issue will describe the rebate requirements associated with the debt service fund. 5. Variable/Floating Rate Bond Issues. Additional time is required to perform the arbitrage rebate calculations for variable rate bonds. A bond is a variable rate bond if the interest rate paid on the bond is dependent upon an index which changes subsequent to the issuance of the bonds. The computational requirements of a variable rate issue are more complex than those of a fixed rate issue and, accordingly, require significantly more time to calculate. For example, it is necessary to evaluate both a five-year yield as well as one-year yield increments to determine which yield is most beneficial to the issuer. 6. Yield Restriction Analysis/Yield Reduction Computations. The Internal Revenue Code provides that proceeds of a bond issue may not be invested above the yield on the bond unless an applicable exception applies which provides a temporary period during which proceeds are not yield restricted. First Southwest provides analysis to determine the amount of proceeds which must be yield restricted and provides computations to verify that the proceeds have been properly restricted. Failure to properly restrict proceeds may result in the bonds being declared taxable. In addition, the 1993 Treasury Regulations provide that a yield reduction payment may be made in lieu of yield restricting proceeds. First Southwest will provide the necessary computations to determine the amount of yield reduction payment which must be made. September 6, 2000 Mr. Chad Beach City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Dear Mr. Beach: A R B I T It A G E C O M P I- I A N C E S P CC I A L IS I S I N C O R P O R A T E D 3800 South Albion Street, Suite 200 Englewood, Colorado 80110-4239 303. 756. 5100 Fax: 303. 756. 0901 800. 672. 9993 Bmwh Offices: CNumbia, South Caroliaa Houslon, Texas KeexVllla. Tennessee Ls ms, Caifeena Lwmele, Kenhrdry Orla�Fkada Portland, Oregon Sag Lake Ciry, Utah We sincerely appreciate the opportunity to present our credentials for your review. As we discussed, I have enclosed Arbitrage Compliance Specialists, Inc. ("ACS") marketing book and brochure, describing our services. ACS would be pleased to submit a proposal to the City to prepare the arbitrage rebate calculations for your tax-exempt bond issuances. If you have any questions regarding our services, please call me at (800)672-9993. Sincerely, Arbitrage Compliance cialists, Inc. Diana Pahnke Vice President and Marketing Director 5. FEE SCHEDULE ACS's fees are based on the following five categories: Set-up Fee - The initial set-up fee is for ACS's gathering and reviewing all of the necessary documents, setting up the deadlines in a database and for initial due diligence. Rebate Report Fees - There are different report fees for the various types of bond issues that reflects the necessary time and effort required for legal and technical analysis, due diligence and transactional reporting. Rebate Extension Fees - Additional fee for rebate analysis and calculations covering periods in excess of one year and for 5th or Final year. Rebate Supplemental Fees - Optional fees may apply in more complex rebate areas dealing with Transferred Proceeds arising in connection with refunding bonds or commingled investment to be evaluated. Spending Exception Report Fee - Fee for calculating ACP (the amount to be spent semi-annually), determining expenditures and retainage and any penalties owed. One -Time Initial Set -Up RESCHEDULE Rebate Report Fees (per report): 1t FixedRate Bonds.................................................................................................................................................. $1,500 VariableRate Bonds............................................................................................................................................ $1,850 StudentLoan Bonds............................................................................................................................................. $3,000 Single Family Housing Bonds -Issued After 12/31/88................................................................................................................................. $1,500 -Issued Before 1/1/89 Without Paragraph 2 Calculations..................................................................... $3,000 Yield Restriction Calculations.................................................................................................... $1,000 Rebate Report Extension Fees: Reports Covering Computation Period in Excess of 1 Year for Each Additional Partial or Full Year........ $775 5th Year, 10th Year or Final Rebate to IRS..........................................................On- Time $375, Later $500 Rebate Supplemental Fees per Report: Refunding Bonds with Transferred Proceeds Allocations................................................................ $500-$1,000 Allocation/Review/Verification of Commingled Funds ................................................. Hourly; Rates $100-$185 Penalty/Spending Exception Report Fees: Spending Exception Calculations - Per Semi -Annual Spending Period ..................................................... $1,250 Note: ACS's fees stated above include all normal business expenses such as faxes, copies, regular U.S. mail postage, and telephone access via ACS's toll free telephone number. Reimbursement for travel expenses, although not expected, will be limited to pre -approved customary travel and lodging rates. Arbitrage Compliance Specialists, Inc. RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, EXTENDING THE ARBITRAGE INVESTMENT REBATE SERVICES AGREEMENT WITH ALAN JOHNSON, CPA FOR AN ADDITIONAL FIVE YEAR PERIOD; AND AUTHORIZING ITS EXECUTION BY THE CITY MANAGER WHEREAS, the City Council previously designated Alan Johnson, CPA as the municipal bond arbitrage rebate services for the City of Coppell, Texas; and WHEREAS, the City entered into an Arbitrage Investment Rebate Services Agreement with Alan Johnson, CPA which granted the City the option to extend the Arbitrage Investment Rebate Services Agreement for additional five-year period, and WHEREAS, the City Council deems it in the best interest to extend the Arbitrage Investment Rebate Services Agreement with Alan Johnson, CPA for an additional five-year period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Arbitrage Investment Rebate Services Agreement by and between the City of Coppell, Texas and Alan Johnson, CPA dated October 10, 1995, be and the same is hereby extended under the same terms and conditions as set forth in the attached Exhibit "A", which is incorporated herein as if set forth in full, for an additional five-year period commencing on October 10, 2000, and continuing through October 10, 2005. SECTION 2. The City Manager is authorized to execute any documents necessary to effect the extension of the aforesaid Arbitrage Investment Rebate Services Agreement. SECTION 3. This Resolution shall become effective immediately from and after its passage. 36504 DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the day of .2000. APPRO TO FORM: ROBERT E. HA CITY ATTORNEY (PGS/ttUcdb 10/12/00) CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY 2 36504 PROPOSAL AND AGREEMENT FOR ARBITRAGE INVESTMENT REBATE SERVICES BY AND BETWEEN CITY OF COPPELL, TEXAS (Hereinafter Referred to as the "Issuer") "ZI111 ALAN JOHNSON, CPA It is understood and agreed that the Issuer, in connection with the sale and delivery of certain obligations as listed in Appendix A attached hereto (the "Obligations"), will have the need to determine to what extent, if any, it will be required to rebate investment earnings of the proceeds of the Obligations to the United States of America (hereinafter referred to as "Rebatable Arbitrage") pursuant to the provisions of Section 148(f)(2) of the Internal Revenue Code of 1986 (the "Code'). We have been requested to provide professional services to the Issuer as such services may be necessary to effect this determination and we are pleased to submit the following proposal for consideration. This proposal, if accepted by the Issuer, shall become the agreement (the "Agreement") between the Issuer and Alan Johnson effective at the date of its acceptance as provided for herein below. 1. This Agreement shall apply to the Obligations described in Appendix A attached hereto during the period in which this Agreement shall be effective. Provisions of Alan Johnson, CPA 2. We agree to provide our professional services and our facilities in the creation and maintenance of records useful to or necessary in the determination of Rebatable Arbitrage with regard to the Obligations. The Issuer will assume and pay the fee of Alan Johnson, CPA as such fee is set out in Appendix A attached hereto. Alan Johnson, CPA, shall not be responsible for any extraordinary expenses incurred in connection with providing such professional services, including any costs incident to litigation, mandamus action, test case or other similar legal actions; unless Alan Johnson, CPA is a party to such litigation and a claim is asserted against Alan Johnson, CPA for work performed under this Agreement. 3. We agree to perform the following duties in connection with providing arbitrage investment rebate services: a. To cooperate fully with the Issuer in reviewing the schedule of AGG07315 EXHIBIT "A" investments made by the Issuer with (i) proceeds from the Obligations, and (ii) proceeds of other funds of the Issuer which, under Temporary Regulations Section 1.148 or Temporary Regulations Section 1.103- 15AT(b)(6) or any successor regulations thereto, are subject to the rebate requirements of the Code; b. To perform, or cause to be performed, calculations no less frequently than once a year, consistent with the Code and the regulations promulgated thereunder, regarding the amounts of Rebatable Arbitrage from the investment of funds subject to the requirements of Section 148(f)(2) of the Code; C. To assist the Issuer in preparing schedules, records or other information necessary to enable Alan Johnson, CPA to perform the rebate calculations as set forth in this Agreement; d. To provide a report to the Issuer specifying the amount of Rebatable Arbitrage based upon the investment schedule, the calculations of bond yield and investment yield, and other information deemed relevant by Alan Johnson, CPA. e. To provide the Issuer any other services related to the calculation of rebate as it may request Alan Johnson, CPA to perform. Provisions of the Issuer 4. In connection with the performance of the aforesaid duties, the Issuer agrees to the following: a. That Alan Johnson, CPA will be compensated for the performance of services with respect to calculating and advising the Issuer of the amount of Rebatable Arbitrage in accordance with the schedule set forth in Appendix A attached hereto. b. That the Issuer will provide Alan Johnson, CPA and Alan Johnson, CPA shall be entitled to rely upon, all information regarding the issuance of the Obligations and the investment of the proceeds therefrom, and any other information necessary in connection with calculating the amount of Rebatable Arbitrage. In particular, the Issuer shall furnish to Alan Johnson, CPA the information set forth in Appendix B attached hereto. C. That the Issuer will inform Alan Johnson, CPA of the retirement, prior to the scheduled maturity, of any Obligations included under the scope 2 AGG07315 of this Agreement within 30 days of such retirement. This notification is required to provide sufficient time to comply with Section 1.1481T(b)(3)(ii) of the arbitrage regulations which requires final payment of any Rebatable Arbitrage within 60 days of the final retirement of the Obligations. 5. In providing the services set forth in this Agreement, it is agreed that Alan Johnson, CPA shall not incur any liability for any error of judgment made in good faith by a responsible officer or officers thereof, unless it shall be proved that such error of judgment was a result of the negligence or willful misconduct of said officer or officers. Alan Johnson, CPA shall only be liable for penalty and interest resulting from such error of judgment. 6. The fee and expenses due to Alan Johnson, CPA in providing arbitrage investment rebate services shall be calculated in accordance with Appendix A attached hereto. The fees for year one of this Agreement will be paid upon delivery of any or all completed reports for issuance years 1991, 1992, 1993 and 1995. In subsequent years, the fees will be payable annually upon delivery of the report prepared by Alan Johnson, CPA for each Obligation during the term of the Agreement unless terminated earlier. Obligations Issued Subsequent to Initial Contract 7. The services contracted for under this Agreement will automatically extend to any additional financing obligations (including financing lease obligations) issued during the stated term of this Agreement, if such obligations are subject to the rebate requirements under Section 148(f)(2) of the Code. In connection with extending the scope of this Agreement to additional financing obligations, the Issuer agrees to the following: a. The Issuer will notify Alan Johnson, CPA of any financing obligations (including financing lease obligations) issued by the Issuer during any calendar year of this Agreement, and will provide Alan Johnson, CPA with such information regarding such other obligations as Alan Johnson, CPA deems necessary in connection with its performance of the arbitrage rebate services contracted for hereunder. b. At the option of the Issuer, any additional financing obligations issued subsequent to the execution of this Agreement may be excluded from the services provided for herein. The Issuer must notify Alan Johnson, CPA in writing of their intent to exclude any specific financing obligations from the scope of this Agreement. Election to Pay Penalty in Lieu of Rebate 8. The services contracted for under this Agreement will automatically extend to any additional financing obligations issued during the stated term of this AGG07315 Agreement, if an election was made (prior to delivery of the Obligations) to pay penalty in lieu of rebate for a qualified construction bond issue under Section 148(f)(2) of the Code. In connection with extending the scope of this Agreement to include computations of penalty, the Issuer agrees to the following: a. The Issuer will notify Alan Johnson, CPA of any financing obligations issued by the Issuer during any calendar year of this Agreement for which a penalty election was made. The Issuer will provide Alan Johnson, CPA with such information regarding the investment and expenditure of such obligations as Alan Johnson, CPA deems necessary in connection with its performance of the penalty calculation services contracted for hereunder. b. At the option of the Issuer, any additional financing obligations issued subsequent to the execution of this Agreement may be excluded from the services provided for herein. The Issuer must notify Alan Johnson, CPA in writing of their intent to exclude any specific financing obligations from the scope of this Agreement. Effective Dates of Agreement 9. This Agreement shall become effective at the date of acceptance by the Issuer as set out herein below and remain in effect thereafter for a period of five (5) years from the date of acceptance, provided, however, that this Agreement may be terminated with or without cause by the Issuer or Alan Johnson, CPA upon thirty (30) days' written notice. In the event of such termination, it is understood and agreed that only the amounts due to Alan Johnson, CPA for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated prior to its stated term, all records provided to Alan Johnson, CPA with respect to the investment of monies by the Issuer shall be returned to the Issuer as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement, Alan Johnson, CPA shall have no continuing obligation to the Issuer regarding any service contemplated herein. 10. This Agreement is submitted in duplicate originals. When accepted by the Issuer, it, together with Appendices A and B attached hereto, will constitute the entire Agreement between the Issuer and Alan Johnson, CPA for the purposes and the consideration herein specified. 4 AGGM15 Acceptance will be indicated on both copies and the return of one executed to Alan Johnson, CPA Respectfully submitted, ALAN JOHNSON, CPA By: Alan Jo)ifison, CPA Date: /o -le AGG07315 PLEASE CHOOSE AND EXECUTE THE APPROPRIATE OPTION Acceptance Not Requiring BoardApproval: The above and foregoing is hereby in all things accepted and approved by the _ , on this _ day of 19t—. Authorized Representative Title . - ' ' 1 . : 1 . 1 ' 1 The above and fo egoing is hereby in all things acce ted and approved by the _ _ ' ,, on this 1Q_-4ay of , 19 2Spursuant to the provisio ofXT- _, passed and approved by the Members of the t on 19=. y; Authorized Representative ",c Title A0007315 Dated Description Annual Fee 1/1/91 $12,495,000 General Obligation Refunding Bonds Series 1991 $1,500 1/1/91 $7,965,000 Waterworks and Sewer System Revenue Refunding Bonds, Series 1991 $1,500 6/1/91 $2,500,000 Waterworks and Sewer System Revenue Bonds, Series 1991A $1,500 9/1/91 $800,000 General Obligation Bonds, Series 1991 $1,500 9/1/92 $2,525,000 General Obligation Bonds, Series 1992 $1,500 9/1/92 $500,000 Certificates of Obligation, Series 1992 $1,500 9/1/92 $2,000,000 Waterworks & Sewer System Revenue Bonds, Series 1992 $1,500 5/1/92 $5,000,000 Special Assessment Bonds $1,500 3/15/93 $8,485,000 General Obligation Refunding Bonds, Series 1993 $1,500 6/1/93 $6,044,374 Unlimited Tax and Revenue Refunding Bonds, Series 1993 $1,500 1/31/95 $4,720,000 Certificates of Obligation, Series 1995 $1,500 1/31/95 $6,900,000 Waterworks and Sewer System Revenue Bonds, Series 1995 $1,500 9/1/95 $1,170,000 General Obligation Bonds, Series 1995 $1,500 9/1/95 $2,830,000 Certificates of Deposit, Series 1995A $1,500 The fees for the above -captioned Obligations will only be payable if a computation is required under Section 148(f)(2) of the Internal Revenue Code of 1986, as amended. In the event that any of the above -captioned Obligations, or any other Obligations added subsequent to the date of this Agreement, comply with an exclusion to the computation requirement as defined by Section 148 of the Internal Revenue Code or related regulations, the specified fee will be waived by Alan Johnson, CPA. For example, certain obligations are excluded from the rebate computation requirement if the proceeds are spent within specific time periods. In the event of the above -captioned Obligations fulfill the exclusion requirements of the Internal Revenue Code or related 7 AGG07315 regulations, the specified fee will be waived by Alan Johnson, CPA. The fee for Arbitrage Investment Rebate Services of any additional obligations to be added to this contract shall be: $1,500 for each issue of General Obligation bonds, regardless of issue size; $1,500 for each issue of Revenue bonds, regardless of issue size; and $2,500 for each issue of Variable/Floating Rate bonds, regardless of issue size. The above fees are payable annually upon delivery of the report prepared by Alan Johnson, CPA, commencing October 1, 1995 for the Issuer's fiscal year 1996 and on each computation date thereafter during the term of the Agreement, unless terminated earlier. The fees for computations of Rebatable Arbitrage which encompass more, or less, than one full year of investment data performed during the same computation period shall be prorated to reflect the longer, or shorter, period of work performed during that period. The fee for Arbitrage Penalty Calculation Services contracted for under this Agreement shall be: $750 semiannually for each issue of bonds, regardless of the type of issue. 8 AGG07315 The following information must be provided for each bond issue requiring an arbitrage rebate calculation. Most of this information can be accumulated at the time the bonds are issued and sent to Alan Johnson, CPA as part of the delivery of the bonds. We recommend that information related to investment activity be forwarded on a periodic basis. This will allow Alan Johnson, CPA to enter and review the investment detail in advance of the computation date required under federal law. In this manner, the time required to complete the computation and issue the related report can be reduced. For each bond issue, please obtain the following information to be sent to Alan Johnson, CPA: Copy of Official Statement for the issue. If no Official Statement is prepared on the issue, a copy of the bond resolution, indenture, ordinance or similar official transcript describing the issue will be needed. Copy of Winning Bid Form and Underwriter's Certificate as to Yields. This information is only required when the bond issue was sold on a competitive basis. If the sale was negotiated, the Final Official Statement normally provides the information required to properly compute the arbitrage yield. If the issue was sold competitively, the winning bid form and underwriter's certificate are needed to obtain information regarding the interest rates and initial offering yields to the public. Copy of Form 8038 (Informational Tax Form). This form is normally prepared by bond counsel as part of the closing documents. A copy of this form must accompany any rebate payments filed with the Internal Revenue Service. Description of Funds created for the Bond Issue. To ensure that we have properly addressed the distribution of all funds and the related arbitrage requirements, it is useful for us to obtain a description of the various funds created by the bond issue. In the official documents supporting the issuance of the bonds (e.g., Official Statement), there is normally a narrative section outlining the funds for which bond proceeds and other monies may be deposited. Copy of "No -Arbitrage Certificate." This certificate, although frequently called by another name, describes the federal tax law requirements, the Issuer must follow to comply with various arbitrage laws. This document permits us to evaluate the specific tax compliance requirements established by Bond Counsel at the time the bonds were issued. Investment Transaction Information. The computation of the rebate amount for excess investment earnings requires very detailed investment records. In order for us to compute the rebate amount, it is necessary that you forward investment information which includes the following data: 9 AGG07315 • Source of funds for purchasing the investment (e.g., Construction Fund, Reserve Fund, Debt Service Fund) • Description of security purchased • Date purchased • Maturity date • Maturity value of security (par value/face value) • Purchase price of security showing b2 the cost of principal as well as any accrued interest paid • Coupon rate (interest rate) and frequency of interest receipts • Yield to maturity (required for discount securities) • Sale date, if sold prior to maturity • Sales price of both principal and interest, if sold prior to maturity The best documentation available for the information listed above are copies of the actual trade confirmations provided when the security is purchased or sold. The trade confirmation should contain all of the information we will require and should be the only documentation you would have to provide us. If trade confirmations are not available, or are too cumbersome to accumulate, your internal investment records would be sufficient for our purposes as long as the information described above can be obtained from your records. Bank Statements for Interest -Bearing Checking Account. In many situations, an interest- bearing checking account is used to hold maturing investments and miscellaneous fund balances until the proceeds are either reinvested or used on a specific project. The rebate computation requires that all funds related to a bond issue be tracked. It will be necessary therefore, for us to obtain the monthly bank statements related to any interest-bearing checking account in which bond proceeds or related funds were deposited. Trustee Statement. (If Trustee is used to invest bond proceeds). 10 ACG07315 T H E . C I T Y - O F COPPELL AGENDA REQUEST FORM r o e x n a q CITY COUNCIL MEETING: October 24, 2000 ITEM # ITEM CAPTION: Consider approval of a resolution accepting the proposal for City Depository and Banking Services of Frost National Bank; and designating Frost National Bank, as the City Depository; and adopting a Depository Agreement and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: See attached memo and worksheet. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: 0 DIR. INITIALSC FIN. REVIEW:4 CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: $bankbid.doc Date: October 17, 2000 To: Mayor & Council From: Jennifer Armstrong, Director of Finance Subject: Depository Contract for the Period December 1, 2000 through November 30, 2005 Submitted for your approval is a resolution awarding the Bank Depository Contract to Frost National Bank. The Bank Depository Contract is for a five (5) year period. The bank awarded the contract will provide banking and related services to the City for that contract period. Sealed bids were received from Comerica, Bank of America, Bank One, and Frost National Bank. They were opened and publicly accepted on October 2, 2000. Since the bid opening on October 2, 2000, the bids have been evaluated by staff. A copy of the analysis of the proposals received has been included in your packet. The analysis performed by staff indicates that the bid presented by Frost National Bank is the bid that is most cost effective and is of the greatest benefit to the City. Comerica did not provide safekeeping services and thus resulted in their bid being excluded. Bank of America did not provide references. Bank One had numerous (23) exceptions to the bid document and when interest earnings were factored against costs, Bank One provided the lowest return to the City. Based on the results of the account analysis calculations and other considerations, such as the above examples, staff recommends that the Bank Depository Contract be awarded to Frost National Bank - Coppell Branch, for the period of December 1, 2000 through November 30, 2005. City of Coppell Depository Bid Analysis - Frost October 2000 Criteria Ability to perform requested service Weight 15% Score Able to perform 4 0.6 Criteria Cost of proposed services Weight 15% Score Middle 3 0.45 Criteria Effective rates paid on City accounts Weight 10% Score Highest on Repo - 4 0.4 Criteria Quality of reports requested Weight 5% Score Reports can be read 4 0.2 Criteria Securities clearance and safekeeping Weight 10% Score No charge for investment services 4 0.4 Criteria Ability to provide innovative cash management Weight 15% Score Can provide cash management services 4 0.6 Criteria Experience with local governments Weight 15% Score Included references 4 0.6 Criteria Completeness of bid form Weight 10% Score Bid form was complete 4 0.4 Criteria Convenience of location Weight 5% Score Less than 1 mile 4 0.2 LO (O M Cl) N M (O (O N O O O O O O O O O O X a) d. 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'o (D 't O @ la N N N V O. ° a) N a) @ C m 0 n 3 y —v ° D,o 0 o(@i oc o� oa moo_ o o� aoo > N m -o S wo do = o o Uo @ —e c oo — Eo c o N nmo a,O.n 0UO o moo'- °o d do c a,0 @ xLO ° °o ° °o a> O Z`N 0 Q,Q C) z W�� O1 w (A�� Q�U W�-c Uai 0 USS .u.. 00 00 N N L @ L l6 L (a L (0 L @ L la l0 L fa L O Ong >� 'o)OlO 0)OTO Y 01d OlO �d(c@OlO mO c °) i�c3i�i <3�o0 m Co ) ) U) 3OItnO E O U 0 0 d a) 0 0 0 0 0 0 0 0 W W m n N 0 0 0 O o O O O 0 o c m o W m <o m o m o 0 0 0 0 o c c N O LL C T N EEEEEE EEE E TE a w w w w 6a a a a N a a 0 a Q Q 6 n a a n m O O O N O O O O O Um O O O O O O O O 0 0 0 0 o m m m o 0 0 0 0 0 o �'? o 0 oo�oo w w en w vi Z ui ei ui ai di ei w w w w w w in 0 0 0 0 < O W V V m o o O o O o 0 0 00 0 o cpm V fD ��oo 000 0 o Ooo N N a 0 U N T W m n m N m N N N V m N N w j C o a d v v d m w N - m d E E E aEi aEi L aE i 3—qp Q] n w a m w w w 6 6 w a w w a a a a 6 b a O L n n U 6 N N n N O' O' N O O O O O O O O 0 0 W V V M r h N 0 0 0 O O N O O N �N O 0 0 0 0 0 0 0 �M NM NW NW NN !N mN Z fH 1H fA fN fN (N fH fH fH fH � O O W O (h N mYl W O N N O O O O O O O U N O Vl V W N O O ' N m m N N O m V N m O O mw E J C E U 0 O m y m Q J w =� m E w w m m aEi m aEi 3 3 N U w a s Donn a aN aanan o00 0 0 000 N o m N Yj V 0 0 0 0 0 0 N N N N 1� 1N N(flW m 4f bi f9 M191919 bi tll f9 19 M IA W lA N U 0 m O (m0 O m N N W N Lm w c U m � o O O E E c a v m u d E a o NN 2 1 12U oZ,K Z o w E,2 °� c w n LL m LL m o y E C a Z c nUy m m0 v a `m wUr a;L w w '-- _ n 5 w m V Z'6QN 4EU UU aO N cc OH ONOL w o o w w O � o w U 0 U 0 o o K to City of Coppell Depository Contract Cost Analysis for Services Service Quantity America Cost Bank One Cost Frost Cost Photocopies 8 $2.00 per page 16.00 No Charge 0.00 $2.00 per page 16.00 Incoming Fed Wires 4 $10.00 per wire 40.00 $6.00 each 24.00 $5.50 each 22.00 Numerical Check Sort 1,696 $35.00 per month +$.05 per item 119.80 $0.04 per check 67.84 $.040 per check 67.84 CD Rom 1,696 $10.00 per CD + $.04 per item 77.84 $25.00 +$.04 per 92.84 $25.00 each CD + $,03 per item 75.88 ReadyPay Services/Positive Pay 1,696 $50.00 per month +.02 per item 83.92 $.04 per item 67.84 $25.00 per month + $10.00 per account 65.00 Software 1 No Charge 0.00 No charge 0.00 No Charge 0.00 ACH Services Origination - Transmission 1,575 $7.00 per transmission 2 14.00 $10/transmission +.08 146.00 $0.10 per item 157.50 Credits Posted 56 $.15 per credit 8.40 $0.30 per credit 16.80 $0.10 per item 5.60 Debits Posted 10 $.15 per credit 1.50 $0.08 per debit 0.80 $0.10 per item 1.00 File Maintenance 1 $20.00 per month 20.00 No Charge 0.00 $2.00 2.00 Entry Reversal 1 $7.50 per item 7.50 $5.00 each 5.00 $10.00 each 10.00 Changing Effective Date 1 $7.50 per item 7.50 No Charge 0.00 $10.00 each 10.00 Automated Balance Reporting 3 $20.00 per month 60.00 $15.00 per account 45.00 $25.00 per month 75.00 Sweep Account 1 $150.00 per month 150.00 $100.00 per month 100.00 $100.00 per month 100.00 Zero Balance Accounts 20 $10.00 per account 20.00 $10.00 per account 200.00 $1.00 per transfer 20.00 Total Monthly Checking Cost 2,447.49 2,092.94 2,420.81 Sweep/Repo Analysis 2,000,000 $9,883.33 $8,750.00 $9,750.00 Assumed Fed Rate 6.50% 57 basis less than Fed 125 basis less than Fed 90% of Fed Rate Net to City 7,435.85 6,657.06 7,329.19 2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE BANK DEPOSITORY AGREEMENT AND DESIGNATING FROST NATIONAL BANK AS THE CITY DEPOSITORY; ADOPTING THE PROPOSAL ATTACHED HERETO AND MADE PART OF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has given notice and requested proposals from all the banks doing business within the City for provision of the City's depository and banking services, and WHEREAS, applications were received, opened, and publicly accepted on October 2, 2000; WHEREAS, after review and consideration of the proposals received, it is the determination of the City Council that Frost National Bank be designated as the City Depository. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposal for City depository and banking services submitted by Frost National Bank be the agreement for City depository and banking services, and attached hereto and made a part hereof for all purposes be and the same are hereby approved. SECTION 2. That Frost National Bank such bank shall be designated a Depository for the funds of the City of Coppell, Texas, from and after the execution of the depository agreement and the effective date set forth therein. SECTION 3. That the bank shall qualify as a Depository by providing security for the City's funds to be deposited with the bank within five (5) days after the date of execution and return of the resolution by the bank. SECTION 4. That the City Manager be and is hereby authorized and directed to deliver a copy of this resolution. The bank shall, if it accepts the terms hereof, execute and return a true copy of the Depository Agreement to the City Manager within five (5) business days after receiving the same. SECTION 5. That Frost National Bank shall be the City's Depository Bank for a five (5) year period beginning December 1, 2000 and ending November 30, 2005. DULY PASSED AND APPROVED by the City Council of the City of Coppell, Texas on the 24`h day of October, 2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY DEPOSITORY AGREEMENT STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENT: This agreement is made and entered into by and between the City of Coppell, Texas (hereinafter referred to as "City"), and Frost National Bank (hereinafter referred to as 'Bank"), and to which witness the following: WHEREAS, the City received bids from banks desiring to be designated as the city Depository; and WHEREAS, on the 24th day of October, 2000, the Bank was designated the City Depository for the City; now, therefore, in consideration of the mutual benefits, consideration, covenants and conditions contained herein, the parties agree as follows: 1. TERMS The Bank has been duly selected by the City as the Depository of certain funds of the City from the Ist day of December, 2000, through the 30th day of November 2005, or thereafter until the successor depository shall have been duly selected and qualified according to state law. This contract shall be automatically extended up to ninety (90) days if the City is actually proceeding with re -bidding procedures but, for whatever reason, cannot finalize the bidding or selection process by the end of the contract period. 2. TERMINATION The Bank or City may cancel this agreement at any time upon ninety (90) days prior written notice of its intent to terminate. 3. BANKING SERVICES TO BE PROVIDED The Bank agrees to provide the following materials and services without charge (Unless otherwise provided for in Addendum or Exhibit "A"): A. Customary demand deposit account service for as many accounts as may be required by the City. In addition to customary account services, the bank agrees to return deposit tickets and checks in numerical sequence and numerical listing of checks on statement. B. Provide complete investment service including assistance in acquiring investment securities, counseling, reporting, and safekeeping service for securities owned. C. Provide bank money orders, traveler's checks and cashier checks as required by the City. D. Provide a night depository and locking depository bags. E. Clear all insufficient funds checks twice before charging them to the applicable City bank account and returning them to the City, except for checks deposited from ad valorem property tax collections. Checks deposited from ad valorem property tax collections will be processed or cleared one time only. Insufficient funds checks from ad valorem property tax collections will be charged to the applicable City bank account and returned to the City after the initial attempted clearing process. F. Provide stop payment services. G. Provide wire transfer service. It is understood that the City of Coppell uses the wire transfer service as a means of accelerating various types of payments within one (1) hour of secondary approval. H. Provide monthly bank statements on each account within five (5) working days of closing date. Statements are to reflect transactions beginning with the first day of the month and ending with the last day of the month and include all checks, deposit tickets, and CD-ROM. I. Provide collected and ledger balances by telephone as often as daily if required. J. Provide ledger credit on the same day as deposits occur (holidays and weekends excepted). This includes same day credit on wire transfers on funds from Federal and State Governments, and same day credit on warrants issued by the State Comptroller. K. Provide remittance service to various paying agents for required principal and/or interest payments on bonds. L. Monitor City investment securities held by depository bank to provide same day credit to the appropriate City account (s) automatically upon maturities, and provide deposit slips at maturity dates. There is a one (1) day delay on interest payments but not on principal. M. Honor Federal Reserve depository transfer checks drawn on the City's account which are authorized by the City. N. Provide foreign and domestic exchange services. -2- O. Provide coin wrappers and accept bulk coins for deposit. P. Provide fire proof safekeeping and storage of magnetic media for Data Processing. Q. Provide courtesy of cashing City employee's payroll checks. R. Provide free checking accounts for City employees. S. Supply deposit slips according to quality, quantity, design and specifications established by the City. T. Provide direct deposit payroll for City employees. U. Other benefits available to full-time employees. V. Lock box services when required. W. ACH services when required. X. Daylight Overdrafts when required must be covered by close of business. Y. All other Bank services without charge except for those prohibited by State or Federal regulations. Z. Controlled Disbursement. AA. PC -On-line banking. BB. Positive Pay services. 4. DEMAND ACCOUNTS (See Addendum) Demand Deposit Account: This account will receive all deposits and wires. The Bank will initiate all transfers to the zero balance accounts daily. The interest rate indicated is variable (floating) and is the published rate. In no event shall the interest rate be less than 2% during the term of this agreement. -3- 5. CONTROLLED DISBURSEMENT ACCOUNTS General Account: This account will receive deposits transferred from the Operating Account for payment of the City's expenses. 6. ZERO BALANCE ACCOUNTS Payroll Account: This account will receive deposits transferred from the operating account for payment of the City's payroll. Self Funded Health Plan: This account will receive deposits transferred from the operating account for payment of insurance claims. 7. INTEREST RATE ON LOANS TO THE CITY Loans will be made to the City based on credit at a rate negotiated per annum to pay current operating expenditures as may be appropriated by ordinance with such loans to be repaid out of the first current tax collection. Loans will be made to the City based on credit at the rate negotiated per annum to pay non-operating expenditures and/or purchase equipment or other expenditures as may be appropriated by ordinance with such loans to be repaid on a scheduled basis as agreed to by the City and by the bank. 8. OVERDRAFTS IN DEMAND ACCOUNTS The undersigned agrees to allow overdrafts in demand accounts for a period not to exceed 30 banking days. To the extent that overdrafts do exceed balances in other demand accounts, we will charge Frost National Bank's Prime Rate per annum interest thereon. 9. COLLATERAL SECURITIES FOR DEPOSITS The undersigned shall furnish to the City a bond in the amount and conditioned as provided by the laws of Texas, or in lieu thereof, pledge securities as provided by the laws of Texas (Article 2560, Revised Civil Statutes of Texas, as amended) as required by the City. The City will accept as collateral for its certificates of deposits and other evidences of deposit the following securities: (All securities should be rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent). (The pledged securities must conform with the Public Funds Investment Act of 1995 as amended, which includes but is not limited to the following). A. Obligations of the United States of American, its agencies and instrumentalities. B. Direct obligations of the State of Texas or its agencies and instrumentalities. C. Other obligations, the principal of and interest on which are unconditionally guaranteed by the State of Texas or United States of America. D. Obligations of the State, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rate of not less than "A" or its equivalent. Certificates of Deposit and other evidences of deposit shall be collateralized at market or par, whichever is lower, for U.S. Treasury Bills, Notes and Bonds with a remaining maturity of three years or less and at 105% of market or par, whichever is lower, for other securities. Collateral may be audited at least annually be the city's independent accountants and may be audited by the City at any time during normal business hours of the safekeeping bank. The audit of the collateral by the City's independent accountants of the City is to ascertain that Governmental Accounting Standards Board Statement #3 is adhered to and the financial institution is complying accordingly. The financial institution with which the City invests and/or maintains other deposits shall provide monthly, and as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and listing of the collateral pledged to the City marked to current market prices. The listing shall include total pledged securities itemized by: Name Type/description Par Value Current Market Value Maturity Date The City and the financial institution shall assume responsibility for ensuring that collateral is sufficient. -5- The Depository may substitute approved securities in the pledge account so long as the total value of securities pledge meets the required levels. Substitutions may be made after obtaining written authorization from the Director of Finance of the City of Coppell or his/her appointed designee. The Depository may also request permission to release securities whenever the total amount pledged is in excess of the City's requirements. 10. SAFEKEEPING Securities pledged as collateral for certificates of deposit or other evidences of deposit and for repurchase agreements shall be retained in safekeeping in a third party safekeeping bank in the State of Texas, Federal Reserve Bank, or the Federal Home Loan Bank. The investments purchased by the City, may be retained in a third party safekeeping bank or in the depository bank's trust department in the city's name. The City, the financial institution, and the safekeeping bank (s) shall operate in accordance with a master safekeeping agreement signed by all three parties. The City shall always hold the original safekeeping receipt for its investments and for pledged collateral. The City's designated official (s) must approve release of collateral in writing prior to its removal from the safekeeping account. 11. INVESTMENTS The City of Coppell intends to manage its own investment portfolio. Therefore, the City reserves the right to withdraw, from time to time, any amount of funds of the City on deposit in any City account to invest those funds in accordance with the City's investment policy. A. Investments - General All investment decisions shall be approved by the City before execution. The City may order investments either by phone or by written notification. All investments purchased by the City shall be purchased "delivery versus payment". That is, the City shall authorize the release of it's funds only after it has received notification from the safekeeping bank that a purchased security has been received in the City's safekeeping account. This notification may be oral, but will be followed up in writing with the original safekeeping receipt. The City must have confirmation from its safekeeping bank that collateral pledged from a financial institution is in the City's account before investing in Certificates of Deposit or other evidences of deposit at the financial institution. The confirmation may be oral, but must be followed up in writing with the original safekeeping receipt. B. Investments - Repurchase Agreements (See Addendum) WIN The financial institution agrees to sell those U.S. Securities in which the City can legally invest its excess demand deposit balances to the City, on or before 3:00 p.m. each regular day of the City's business to provide overnight and weekend investments to the City through the use of "repurchase agreements," and simultaneously, with the sale, agrees to repurchase on or before 3:00 p.m. on the next following day of business, the same securities at the same price as sold, with interest calculated on the invested amount. Bank holidays falling on Friday or Monday will be included in the weekend "Repurchase Agreement" and the interest calculation for a weekend "Repurchase Agreement", including bank holiday, will be calculated on the invested amount. Interest earnings resulting from each repurchase agreement shall be paid to the city on the day of repurchase by providing deposit slips showing each account and the amount of interest deposited to the account. The financial institution agrees to pay the City interest on each repurchase agreement at the rate of 90% of the Fed Funds Sold Rate at Frost National Bank in effect on the date which the repurchase agreement is executed. The City reserves the right to enter into repurchase agreements for periods of time longer than weekends as may be agreed upon by the financial institution and the City. 12. TIME DEPOSIT MATURITIES OCCURRING SUBSEQUENT TO DEPOSITORY AND BANK SERVICES AGREEMENT TERMINATION DATE All time deposits, certificates of deposit or other investment securities which have not matured on the termination date of the finally approved depository contract shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have matured. 13. INVESTMENTS The City pledges to the depository that all funds over which the City has control will be deposited in the depository bank. The undersigned agrees that the City reserves the right to invest the City's funds in lawful securities other than depository issued certificates of deposit with full cooperation of the depository bank. If requested by the City, depository bank agrees to assist the City in investing funds which are not invested in depository bank issued certificates of deposit. 14. MISCELLANEOUS A. The Bank shall use its best efforts to notify the City in writing within ten (10) days of any changes in federal or state regulations or laws that would thereafter materially affect the depository agreement. The Bank shall also notify the City of any services that become available to the City throughout the contract. -7- B. This contract is governed by the laws of the State of Texas. Venue for any action to construe or enforce this Agreement shall be in Dallas County, Texas. C. There shall be a review of the services of the Bank every six (6) months to evaluate the work relationship between the city and the Bank. The objective of the review shall be to address any problems and to discuss the procedures involved and in protecting the City's funds and pledged collateral. D. Any notice required to be given by any term of this Agreement or otherwise may be given as follows: City of Coppell Attention: Jennifer Armstrong, Director of Finance P.O. Box 478 Coppell, Texas 75019 Frost National Bank Attention: Tom Frost, III, Executive Vice -President P O Box 1600 San Antonio, TX 78296 EXECUTED in duplicate originals this _ day of , 2000. FROST NATIONAL BANK Y ATTEST: By: L6W Secretary CITY OF COPPELL, TEXAS By: Candy Sheehan, Mayor ATTEST: By: Libby Ball, City Secretary APPROVED AS TO FORM: Robert E. Hager, City Attorney ADMIN\DEPOSTRY.AGM Frost National Bank City of Coppell CAECK CLEARING & PROCESSING `_,- SERVICES: Earnings Credit Rate............ Prior month's average With Telephone Notification........... 91 -day T-bill auction rate Average Negative $4.00/item Collected Balance ............... Prior month's average Special Signature Requirements...... Frost Bank Prime Negative Available plus $0.10/item Balance ...................... Earnings credit rate Account Maintenance ......................... $10.00* Statements $25.00/check Statements Rendered ..................... $2.00 each Snapshot Statements ..................... $3.00 each Duplicate Statements ..................... $3.00 each Duplicate Statements to Stop Payment ................................. Different addresses .................... $5.00 each Credits Posted ................................ $0.30/credit Controlled Disbursements ............. $5.00/account No charge per business day International Drafts on Frost Bank $0.18/item Fax.......................................... $10.00 each Phone Call .................................. $10.00 each Debits Posted ................................. $0.10/debit Batch Slip Preparation ...................... $0.03/item Encoding ...................................... $0.03/item Reject Fee ................ $0.10/item plus one day float DEPOSITED ITEMS Encoded Unencoded Group I (Presorted Local Clearings) ............... $0.012 N/A Group II (On Us).............No Charge No Charge Group III (Local RCPC)......... $0.045 $0.075 Group IV (State Warrants)...... $0.030 $0.060 Group V (Other I Ith Fed City) ........................ $0.050 $0.080 Group VI (Transit Clearings) ...................... $0.080 $0.110 Group VII (11th Fed Country) ........................ $0.060 $0.090 Group VIII (Other I Ith Fed RCPC)..................... $0.060 $0.090 Group IX (Local Clearings)..... $0.030 $0.060 Return Items ................................. $2.00/item With Telephone Notification........... $5.00/item With Other Special Handling.......... $4.00/item Reclear .................................... $2.00/item Special Signature Requirements...... $3.00/month From Microfilm ........................... plus $0.10/item ADDITIONAL ACCOUNT SERVICES ' Account Research ......................... $20.00/hour Account Transfer .......................... $3.50/transfer Audit Confirmation ....................... $10.00/hour Cashier's Check .............................. $3.00 each Check/Document Photocopies $0.55/bag From Microfilm ........................... $2.00/item Credit Investigation Services... $25.00/investigation Money Order ................................. $2.00 each Non -Sufficient Funds Charge............ $25.00/check (Non -account analysis charge) Overdraft Fee..................................$25.00/item New or ATM Fit Currency Furnished.... plus interest (Non -account analysis charge) Maximum fee: 5 items/day Payable Through Drafts ..................... $0.15/item Stop Payment ................................. $20.00 each Telephone Account Inquiries ............... 2 free, then Special Deposit Handling Fee........... $2.00 each ReadyBank Audio Inquiries ................. No charge ReadyBank Audio Transfers............ $0.50/transfer FDIC Assessment .................. Based on actual fee TELLER SERVICES Cash Deposit Processing (Lobby or Motor Bank) ............... $3.25/deposit Rolled Coin Furnished ................... $0.09/roll Strapped Currency Furnished............ $0.60/strap COMMERCIAL SERVICES Cash Deposit Processing Group I <I35 bills ................ $1.35/deposit Group II 136-250 bills ................. $0.01 l/bill Group I11 2!251 bills ..................... $0.008/bill Coin Deposited ............................. $1.50/bag Plastic Bag Deposit ........................ $0.55/bag plus applicable processing fees Commercial Change Order ($5.00 minimum per order) Rolled Coin Furnished .................. $0.085/roll Strapped Currency Furnished........... $0.55/strap New or ATM Fit Currency Furnished.... $1.50/strap Various Types of Coin/Currency Supplies Available on Request ..................... Prices vary Deposit Correction ........................... $6.00/item Detailed Reporting ......................... $15.00/hour Special Deposit Handling Fee........... $0.25/minute ($15.00/hour) Loose Coin Bag Handling ............. $ I.00-3.50/bag Special Change Order Payment............ $2.00/order i I COLT.ECTTOPI SERVICES , Drafts Dealer Drafts...............................$10.00/item $9.00/wire Collection Items (drafts, checks)...... $15.00/item Foreign Checks ........................... $30.00/item Documentary ............................. $80.00/item WIRE TRANSFER SERVICES Outgoing Transfers Code 10 Repetitive ................................... $9.00/wire Outgoing Transfers Code 16 ($25.00 minimum/account) Repetitive ................................... $9.00/wire Outgoing Transfers Code 10 $5.50/transfer Non -repetitive ............................. $11.00/wire Outgoing Transfers Code 16 $20.00/hour Non -repetitive ............................. $11.00/wire Intra -Bank Transfers $3.00/page Repetitive ............................... $3.50/transfer Intra -Bank Transfers ($25.00 minimum/account) Non -repetitive .......................... $4.00/transfer Incoming Transfers ....................... $5.50/transfer Phone Call Notification ....................... $4.00/call Investigations ................................ $20.00/hour International Wires .................. $10.00 to $110.00 Photocopies ................................... $3.00/page Mail Daily Wire Advice No charge Statement ............................. $1.50/statement CASH MANAGEMENT SERVICES ACCOUNT RECONCILIATION SERVICES Partial Reconciliation ........................ $0.04/item Debit Entries Posted .......................... ($25.00 minimum/account) Paid Item Tape - Output .................... $20.00/tape Full Reconciliation ........................... $0.05/item $0.10/exception item ($50.00 minimum/account) Issued/Void Item Tape Input.......... $10.00 for each settlement...... $0.15/item additional tape after I/month Numerical Check Sort .................... $0.040/check $1.00/item ($25.00 minimum/account) 11700 VA0)x.9 With Full Reconciliation ..................... No charge Debit Entries Posted .......................... to maintain file Without Full Reconciliation ............... $0.015/item ($50.00 monthly minimum/account) Exception Report ................. $0.10/exception item ($10.00 monthly minimum/account) Same-day Transaction File settlement...... $0.15/item Update for Teller Lines ................... $50.00/file Manual Additions and Deletions........... $1.00/item ReadyPay Software ........................... No charge Imaged Copies ................................ $0.05 each Faxed Copies ................................. $5.00 each CD-ROM ITEM IMAGES CD-ROM Captured Items............ $25.00 each plus $0.03/item CD ROM Recaptured Items......... $50.00 each plus $0.04/item AUTOMATED CLEARING HOUSE SERVICES Credit Entries Posted ......................... $0.10/item Debit Entries Posted .......................... $0.10/item Entries Originated Debits & Credits 2 -day settlement...... $0.10/item ($10.00 minimum/tape) Debits & Credits 1 -day settlement...... $0.15/item ($25.00 minimum/tape) Input Delivery .............................. $25.00/input Set-up Fee .......................................... $25.00 ELECTRONIC DATA INTERCHANGE Incoming and Outgoing Electronic Items ........................... $0.05/item Incoming Paper Advice ..................... $1.00/page BALANCE REPORTING Audio Balance Reporting .................... No charge Assisted Balance Reporting Local Phone Calls......... $100.00/account/month 1 call/day $2.50/additional call Long Distance Phone Calls .................................. $150.00/account/month Assisted Balance Reporting - Detail Local Phone Calls......... $125.00/account/month AUTOMATED BALANCE REPORTING/ READYDATA Balance Reporting (Summary Information Only) Monthly Module Fee .......................... $25.00 One Access Each Day...... $10.00/account/month $2.00/account for each additional access Previous Day Credits (Detail Credits) Monthly Module Fee......... $20.00, $0.03/item Previous Day Debits (Detail Debits) Monthly Module Fee....... $20.00, $0.03/item Multi -Bank Reporting/Incoming Data Exchange .................................... $75.00/account/month Outgoing Data Exchange...... $75.00/account/month Detailed Items ................................. $0.03 each Stop Payment ..................... $5.00/stop payment Intraday Reporting (Lockbox Reports) Monthly Module Fee ........................... $40.00 Each Additional Access ........................ $2.00 Draw Report (Complete Intraday Reporting Including Controlled Disbursements) .................................... $50.00/account/month lun000E mo,( of salldde lunooslp 00'£$ E `papnlom sald000logd Io s3loago ou pm kmuuuns luamalels E Io; `IO •aa; aoueualmEm iun000u moA of soilddE lunomip 00'Z$ E 'ltamams Appuom moA qhm popnlom siloago lEuiguo moAjo saldoaologd aneq of Ia;ani not ;I: g3iEq/00'01$........................................... ......... a3ueualEn9w a1!3 ................sagaieg to salEQ aAUoang 8m8UUgO aoupe auoqd/m gaea 00'5$ goea 00'£$ ............. .......... ...... sma3I pauinla-I goea 00'Z$ ... ........ 1lolied panntlag :21 utak/01'0$..............................smalI aolnpV auogdalaZ goes 00'01$ .......................a3EQ 3uamal3laS (uoissnus=4 alg Iad IagV Ies12ea21 fgag 007$ ....... ................. ......... a3ueualEn9w a1!3 s333 aauEualu!EI.q Hoo tial[ HOV/59'0$ snld Ia;suers/0511$.....................suoyanllsuI Burperos (Umur00'01$) utak/01'0$..............................smalI PalElhuI Iossaaold 1101Aed cind P.1£ (uoissnus=4 alg Iad umtummt 00'01$) tial!/01'0$ .................. 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A Family of Texas Banks BANKING PACKAGE FOR THE CITY OF COPPELL BUILDING LONG-TERM RELATIONSHIPS IS IMPORTANT TO US. Frost National Bank is pleased to offer the following preferred services to qualified employees of the City of Coppell. BANKING SERVICES • Personal Checking Accounts • Frost Investments Services • Internet and Telephone Banking • Direct Payroll Deposit • Personal Line of Credit • Interim home construction financing • Home Equity loans up to 20 years • Home Improvement loans up to 15 years • Residential lot loans up to 15 years • Auto loans up to 5 years and boat loans up to 15 years • Personal Lines of Insurance (Life, Home, Auto, Watercraft, Valuable items) • Government Student Loans • Travelers Checks, Cashier's Checks, Money Orders • Notary Service/Signature Guarantee • Conversion of Foreign Currency • ATM/Checkcard and 24-hour access to your accounts from more than 260,000 locations worldwide and more than 200 free of charge ATM's in Texas INCENTIVES • One personal checking account with no regular monthly service charge. • First order of 200 bank stock checks at no charge • No annual fee on Visa or MasterCard for qualified borrowers • $10 discount on first year's rent of any size safe deposit box (upon availability) • No closing costs for residential lot loans • Up to $50 off first commission when you trade through Frost Brokerage Services, Inc., Member NASD and SIPC • 25 basis point rate reduction off all consumer loans. In order to take advantaee of these Frost Bank, please call Sherry Dickie at (214) 515-4963. If you prefer, you can bring a copy this information into any of our Frost locations. We look forward to serving you. Frosl Nalxa ai S" Pmt Office Box IBoo San AMWio. Taxan ]829& 1400 T H E • C 1 T Y O F COPPELL AGENDA REQUEST FORM r s x A s a 4 CITY COUNCIL MEETING: October 24,'2000 ITEM # ITEM CAPTION: Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on the south side of Woodmoor Drive from Samuel Blvd. to Marlee Circle; and authorizing the Mayor to sign. SUBMITTED BY: Michael A. Martin, P.E. *In TITLE: Assistant City Engineer STAFF COMMENTS: The City was contacted by citizens residing on Woodmoor Drive concerning individuals parking vehicles on both sides of Woodmoor Drive while attending services or activities at St. Ann's Catholic Church. With vehicles parked on both sides of Woodmoor Dr., space is limited, making it very difficult for cars to pass. Also, I have received a memo from Travis Crump, Deputy Fire Chief, indicating that he has a concern about the parking of cars on both sides of Woodmoor Drive (see attached memo). Several residents have suggested restricting parking at certain times. The problem with restricting the parking at certain times is that schedules for the church could change. Currently, parking is prohibited on the south side of Woodmoor Drive on school days from 7:30 a.m. to 8:30 a.m. and from 2:15 p.m. to 3:45 p.m. Letters were mailed to fourteen surrounding property owners including St. Ann's Catholic Church (see attached exhibit). As of Friday, October 13, 2000, we had received several calls with questions, but none were opposed to the proposed "no parking" on the south side of Woodmoor Drive from Samuel Blvd. to Marlee Circle. Prohibiting parking on the south side of Woodmoor Drive at all times will allow vehicles to travel in both directions at the same time. Therefore, staff recommends prohibiting parking at all times on the south side of Woodmoor Drive from Samuel Blvd. to Marlee Circle. Staff will be available to answer questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS:4\q DIR. INITIALS: 1� FIN. REVIE Agenda Request Form - Revised 5100 +VBID $ CITY MANAGER REVIEW: Document Name: #10241 MEMORANDUM AUGUST 1, 2000 TO: Mike Martin, Assistant City Engineer FROM: Travis Crump, Deputy Fire Chief d SUBJECT: Parking on Woodmoor Drive During church services at St. Ann's Catholic Church, vehicles are parked on both sides of Woodmoor Drive. This situation poses a potential problem for emergency vehicles being able to get through this street. Should a structure fire or medical emergency occur at one of the residences on Woodmoor, there is a good chance that our apparatus can not drive down Woodmoor or if they can get through, the entire street would be blocked off since there is nowhere to park. This blockage would make strategic placement of the apparatus impossible. Is there anyway we can get no parking signs on the North side (residential side) of Woodmoor? The no parking constraint only needs to be in place during the worship times at St. Ann's. I have noticed the problem during Saturday [tight and Sunday. I am not sure if the problem exists during other worship times. Any help you could give us would be greatly appreciated. Xc: Robert Kruse, Fire Chief Jimmy Godwin, Asst. Chief LEE ELEMENTARY SCHOOL USAINT ANN'S— CATHOLIC CHORD 1 J a SANDY LAKE RD. LEGEND Proposed No Padang on South side of Woodmoor Ddve at all times N t c TI Property Owner NoUfy zoo 0 10o zoo 400 c m m LEE ELEMENTARY SCHOOL USAINT ANN'S— CATHOLIC CHORD 1 J a SANDY LAKE RD. LEGEND Proposed No Padang on South side of Woodmoor Ddve at all times N t c TI Property Owner NoUfy zoo 0 10o zoo 400 T N EC I T YO p PROPOSED NO PARKING ON SOUTH SIDE OF WOODMOOR DRIVE PROD. NO. i I \ i I I I � o ' z � I I i I I I A i I i i I t I I i I � I I I I t I l T N EC I T YO p PROPOSED NO PARKING ON SOUTH SIDE OF WOODMOOR DRIVE PROD. NO. T M E C 1 T Y O F COPPELL T- e X A g t B 9 October 5, 2000 (Sent to 15 residents, including St. Ann's Church) Re: Prohibiting parking on the south side of Woodmoor Drive (between Samuel Blvd. and Marlee Cir.) The City has been contacted by citizens who live on Woodmoor Drive concerning individuals parking vehicles on Woodmoor while attending services or activities at St. Ann's Catholic Church. The Engineering Department has received a request to restrict parking on Woodmoor Drive during scheduled services or activities at St. Ann's. The problem with restricting parking at certain times is that it is possible that the times and days for certain activities could change. Also, the Fire Marshall for the City of Coppell has stated that he has a concern about emergency vehicles being able to access Woodmoor Drive with cars parked on both sides of the street. A way to eliminate the problem of accessibility for emergency vehicles on Woodmoor Drive is to prohibit parking at all times on the south side of Woodmoor Drive. Currently, parking is prohibited on the south side of Woodmoor on school days from 7:30 a.m. to 8:30 a.m. an'. from 2:15 p.m. to 3:45 p.m. Prohibiting parking on the south side at all times will allow vehicles to travel in both directions at the same time. Therefore, the Engineering Department will be taking an agenda item to City Council on Tuesday, October 24, 2000 to prohibit stopping, standing or parking on the south side of Woodmoor Drive from Samuel Blvd. to Marlee Circle at all times. If you have any questions or comments concerning this issue please contact me at 972/304- 3679 before Friday, October 13, 2000, Sincerely, Ak Michael A. Martin, P.E. Assistant City Engineer 255 PARKWAY ! PO 80% 478 f COPPELL T% 75019 t TEL 992/062 0022 t FAX 992/304 3673 Name Addressl City State PostalCode Bianca Coker 700 Woodmoor Coppell, Texas 75019 John & Christine Elieson 704 Woodmoor Coppell, Texas 75019 J. Suzanne Dalton 708 Woodmoor Coppell, Texas 75019 David White 712 Woodmoor Coppell, Texas 75019 Chris & Rhoda Mergen 716 Woodmoor Coppell, Texas 75019 Lane & Susan Loworn 720 Woodmoor Coppell, Texas 75019 Kenneth & Linda Chmiel 724 Woodmoor Coppell, Texas 75019 Lynn Brown 728 Woodmoor Coppell, Texas 75019 Kathryn Hosseinzadeh 732 Woodmoor Coppell, Texas 75019 Randall Newbill 736 Woodmoor Coppell, Texas 75019 Brett Hartman 737 Woodmoor Coppell, Texas 75019 James S. Rogner 741 Woodmoor Coppell, Texas 75019 Jon Nesbit 745 Woodmoor Coppell, Texas 75019 Alem Boukadoum 749 Woodmoor Coppell, Texas 75019 St. Ann's Catholic Church 180 Samuel Blvd. Coppell, Texas 75019 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8- 3-1(A) TO CHANGE THE AREAS OF NO PARKING ZONES IN DESIGNATED AREAS ON WOODMOOR DRIVE; BY AMENDING SECTION 8-3-1(B) BY REPEALING THE CURRENT PARKING PROVISION FOR WOODMOOR DRIVE IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be and the same is hereby amended to change the areas of no parking zones on Woodmoor Drive to read as follows: "Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A. NO PARKING ON SPECIFIC STREETS It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following streets: Woodmoor Drive on the South side from its point of intersection with Samuel Boulevard to its point of intersection with Marlee Circle, at all times. 36588 1 SECTION 2. That Section 8-3-1(B) of Chapter 8 of the Code of Ordinances be and the same is hereby amended by repealing the current parking provision for Woodmoor Drive in its entirety. SECTION 3. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 4. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. 36588 2 SECTION 8. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2000. CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY ROBERT E. HAOER, CITY ATTORNEY (REH/cdb 10/17/ ) 36588 T H E • C 1 T Y O F COPPELL AGENDA REQUEST FORM T s x A b a q CITY COUNCIL MEETING: October 24, 2000 ITEM # ITEM CAPTION: Consider the approval of the attached draft of the bylaws of the Telecommunications Board, SUBMITTED BY: Vivyon Bowman TITLE: Director of Administration and Human Resources STAFF COMMENTS The Telecommunications Board recommends the attached changes to the bylaws. These changes have been approved by the board and reviewed by the City Manager. Telecommunications Board members will be present during the council meeting to answer any questions. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: DIR. INITIALS: VV&- FIN. REVIEW: +\-BID $ CITY MANAGER Agenda Request Form - Revised 5/00 Document Name: %telecc AMENDED BYLAWS OF THE COPPELL TELECOMMUNICATIONS BOARD (REVISED DRAFT) ARTICLE I NAME SECTION 1: The name of the organization shall be the Coppell Telecommunications Board, herein referred to as "the Board." ARTICLE II INTENT SECTION 1: The Board shall function as an advisory group to the Coppell City Council. ARTICLE III OFFICERS SECTION 1: The Chairperson and Vice -Chairperson 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 shall elect a Chair -Pro Tem. SECTION 3: The Recording Secretary of the Board shall be a staff member named by the City Manager or his designee. The Recording Secretary shall prepare and maintain minutes of the Board meetings. SECTION 4: The Board shall be composed of nine (9) regular members appointed by City Council each October, each of which shall be appointed for two-year terms and shall serve without remuneration, and one ex -officio member to be appointed by the City Manager and approved by City Council. Members shall be appointed by the City Council in accordance with the rules and regulations governing Board appointments. 10/18/00 AMENDED BYLAWS OF THE COPPELL TELECOMMUNICATION BOARD (DRAFT) ARTICLE IV MEETINGS SECTION 1: Regular monthly meetings of the Board will be held on the third (3rd) Tuesday of each month at 7:00 p.m. in Town Center, 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. SECTION 2: The order of business for each meeting shall be as contained in an agenda prepared by the designated Staff Representative and the Board Chairperson. Any board member or citizen of Coppell may submit items to the Chairperson or Staff Representative to be considered for the agenda. SECTION 3: All meetings require a quorum of members as defined herein. SECTION 4: Four (4) members of the Board must be present at the meeting location and 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 regular members of the Board. SECTION 5: All meetings shall be held in accordance with the Texas 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. Any member may be removed by the City Council after having missed three (3) consecutive meetings of the Board or after having missed 25% of regularly scheduled meetings in one year. Any member may resign at any time by giving written notice to the City Council. SECTION 7: If a Board member is absent from three (3) consecutive regular meetings or from 25% of the scheduled meetings in one year, such position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the City Council. SECTION 8: If a Board member cannot personally attend a scheduled meeting, the member may teleconference or video conference into the meeting at his/her own expense in accordance with state law. The arrangements for this provision will be allowed on first come, first served basis made in advance through the appointed city staff liaison. The member who chooses to teleconference shall be counted present and shall have voting rights as applicable, but shall not be counted as part of a quorum. 10/18/00 2 AMENDED BYLAWS OF THE COPPELL TELECOMMUNICATIONS BOARD (REVISED DRAFT) ARTICLE V POWERS AND DUTIES SECTION 1: The Board shall have the following powers and perform the following duties: A. The Board shall advise the City Council on all matters relating to telecommunications technologies, including but not limited to, cable television, dial -tone service, internet service, wireline, wireless and fiber optic communications; and provide accurate and timely information regarding telecommunications technologies to the City Council and the citizens of Coppell. B. The Board shall render assistance and make recommendations regarding the granting of all telecommunication franchise or license agreements, including agreements for bundled services including, but not limited to voice, data and video. C. The Board shall review compliance with the service franchises or licenses and standards of performance by the franchisees or licensees. D. The Board shall field citizens' concerns relating to services provided under these franchise or license agreements and make appropriate recommendations to the Council. E. The Board shall assist in the evaluation of prospective franchises and communication services as requested by city staff. F. The Board shall stay abreast of emerging telecommunications technologies and their uses in the City of Coppell and other cities in the area; and shall review and comment on new telecommunications technologies to the City. G. The Board shall monitor, support the development of, and make recommendations to the Council on matters relating to public, educational and governmental information services via voice, data and video. H. The Board shall perform studies and make other such reports as the Council or the City may request, in conjunction with city staff or as assigned by the City Manager. 10/18/00 3 AMENDED BYLAWS OF THE COPPELL TELECOMMUNICATION BOARD (DRAFT) L The Board shall assist the City Council or city staff in the development and continual assessment of the City's strategic goals with regard to telecommunication technologies. ARTICLE VI AMENDMENT SECTION 1: These bylaws may be amended by majority vote of the members of the Board with Council approval. 10/18/00 4 T M 6 - C I T Y - O F CO►PPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: October 24, 2000 ITEM # __q____ ITEM CAPTION: Consider approval of award of a Construction Contract related to bid # Q-0800-05 to TLB Construction, Inc. for the construction of Practice Facilities at Andrew Brown Park East, end of Moore Road, in an amount not to exceed $658,430.00, as budgeted, and authorizing the City Manager to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Please see the attached staff memorandum BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: +\-BID $ Funds for this project are available in the 2000 Park CIP and Par] DIR. INITIALS: FIN. REVIEW! CITY MANAGER Fees. T X E • C 1 T Y • O F COPPELL 9 X A r t S PARKS AND LEISURE SERVICES DEPARTMENT INTEROFFICE MEMORANDUM Date: October 16, 2000 To: Mayor and City Council From: Gary D. Sims, CPRP, Director� Re: Andrew Brown Park East — End of Moore Road Practice Field Complex Background: The Parks and Leisure Services Department used the Landscape Architectural firm of Davis and Davis, Inc., to design a "Practice Fields" complex located in Andrew Brown Park East, at the end of Moore Road. The project design has been reviewed and recommended by both the Parks and Recreation Board and the Sports Council. The project is funded with $500,000 in Park Bonds that were approved by the voters in 1999 and the remaining $158,430.00 is funded utilizing Park Development Fees that have been collected for Zone 2. The project was advertised for bid and bids were opened on September 18, 2000. Attached, you will find a copy of the bid tabulation. The bids were reviewed by staff with our consultant Davis and Davis, Inc. and the City Purchasing Division. The apparent lowest, best, most qualified bid is that from TLB Construction Co., Inc., in the amount of 658,430.00. If approved by the City Council, this project is scheduled for construction to commence on or around November 15, 2000 and completion of the facility is anticipated to be on or around April 30,2000. Action Requested: Review and award of a Construction Contract based on Bid #Q-0800-05 for the construction of the Andrew Brown Jr. Community Park East, End of Moore Road Practice Facility in the amount of $658,430.00 to TLB Construction Co., Inc., authorizing the City Manager to sign. C:WYD0CU~0RE RD PRACTICE.dac Staff Recommendation: Staff recommends award of a Construction Contract based on Bid #Q-0800-05 as submitted by TLB Construction Co., Inc., for the construction of Andrew Brown Jr. Community Park East, End of Moore Road Practice Facility, in an amount not to exceed $658,430.00. If you have any questions or wish additional information regarding this agenda item, please do not hesitate to contact either Brad Reid, Asst. Director of Parks and Leisure Svs., or myself at (972) 304-3552. C: wmocummoORE RD PRACTICE.doc T H E • C 1 T Y • O F Bid # 0800-05 Andrew Brown Jr. Park East Ballfields September 18, 2000 Miller -Sierra Contractors Inc. TLB Construction Co., Inc. Base Bid $8499000 $6589430 Alternate 1 $389000 $469428 Alternate 2 $219000 $159870 J BID FORM Coppell, Texas September 18, 2000 PROPOSAL OF %1—[3 l'o j s?'R UG7/o Al Co A corporation organized and existing under the laws of the state of -TEA C15 , a partnership consisting of v,+ business name of AJA an individual. TO: Mr. Jim Ragsdill PROPOSAL FOR: Andrew Brown Park East Purchasing Agent Sports Field Addition Coppell, Texas For the City of Coppell, Texas The undersigned Bidder, pursuant to the foregoing Invitation to Bids, has carefully examined the instructions to Bidders, this Bid Form, the Supplementary Conditions, the form of Contract Agreement and Bonds, the General Conditions, the Specifications, the Plans, and also the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services, and other facilities to complete fully all the work as provided in the Contract Documents; and binds himself upon formal acceptance of his proposal to execute a contract and bonds, according to the prescribed forms, for the following prices, to - wit: BASE BID: 4fX r11)ND9'6D f/f%y f/dh'T %/%S,4 Ja3 *--J)k4 J1g1A7/ ($ 1p�C? . q30 ) Alternate No. 1: &gZ SIX #ou34nc% 40a4 lkncl >cd fµwcn iy a7k9 - AOC C M2$ o i (s q10, 4 Z g ) Alternate No. 2: FIFTEEN //k 5%t//�, ElkYT 1161A ot?E17 SE ✓ENT7 �ouf}�S ($ 15, g 70 ) The undersigned bidder agrees to begin work within ten (10) days after date of written notice to do so and substantially complete the work within 15-0 calendar days. The notice to begin shall not be given until the Contract, Performance Bond, and Payment Bond, have been executed, nor until the OWNER'S construction funds are available. 16A I I 0 Enclosed with this Bid Form is Bid Affidavit and a Bidder's Bond or Cashier's Check for r'lVe 061Cel of 6�Ya ¢ o1,7 •o% ($_S% Gp IS )dollars, which it is agreed shall be collected and retained by the OWNER as liquidated damage if the OWNER accepts this bid within ninety (90) days after the opening of bids. and the undersigned bidder then fails to execute the contract and bonds with the said OWNER within ten (10) days after official notice of such acceptance; otherwise, said Bidder's Bond or Check shall be returned to the undersigned on demand. The undersigned acknowledges receipt of the following addenda: (Seal if Corporation) 16B BIDDER: 0-DNST1evC7/o AJ CO., / 17C Company 1 PQ 80X //I// Address &d4sic/,c/d x City State u/f) V MS7EkS 0Y 6TN-CA3 T H E G 1 T Y - O F COPPELL AGENDA REQUEST FORM r e x A, e CITY COUNCIL MEETING: October 24, 2000 ITEM # A0__ ITEM CAPTION: Consider approval of a Project and the funding for the construction of Hike and Bike Trails Sections 1 and 3 of the Denton Creek Hike and Bike Trail of the City of Coppell Hike and Bike Trail System Master Plan in an amount not to exceed $547,000.00.as budgeted. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Please see the attached staff memorandum BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: +\-BID $ Funds for this project have been allocated from the CRDC is sales tax and tax bonds issued in 1999. DIR. INITIALS: / U FIN. REVIEW:0 CITY MANAGER ] Rn,;ePA SInn sales T H 6 • 6 I T Y • O F COPPELL x A F 1 8 PARKS AND LEISURE SERVICES DEPARTMENT INTEROFFICE MEMORANDUM Date: October 12, 2000 To: Mayor and City Council From: Gary Sims, CPRP, Director of Parks and Leisure Services A Re: Award of the Construction Contract to Miller -Sierra Contractors for the construction of the Denton Creek Hike and Bike Trail Sections One and Three. Background: The CRDC's Landscape Architectural firm of Carter Burgess, Inc., prepared the designs and construction documents for the construction of sections One and Three of Phase 1 of the City of Coppell Hike and Bike Trail System Master Plan. These trail section projects were advertised for competitive bid by the City of Coppell Purchasing Division and were opened on September 26, 2000. The CRDC reviewed the bids received for these trail sections on October 16, 2000 and approved awarding the construction contract to Miller -Sierra Contractors. Staff has prepared a tabulation of all the bids and reviewed the comparison both with the CRDC and the city Purchasing Department. Further, staff has reviewed these bids with our consultant Carter Burgess, Inc. It is necessary for the City Council to review the CRDC approval and to ratify their action. Once the award of the bid has been approved by City Council, staff expects construction to begin on or about November 15, 2000 with completion of the project to be on or about April 30, 2001. Action Requested: Review and approval of CRDC action regarding the award of a construction contract to Miller -Sierra regarding Bid #Q-0800-04 for the construction of sections One and Three of Phase 1 of the City of Coppell Hike and Bike Trail System Master Plan in the amount not to exceed $547,000.00 to Miller -Sierra Contractors. Created by Gary D. Sims C:WD000MIDenton Creek Trail Construction.doc Staff Recommendation. Staff recommends award of Bid #Q-0800-04 for the construction of sections One and Three of Phase 1 of the City of Coppell Hike and Bike Trail System Master Plan to Miller -Sierra Contractors, in an amount not to exceed $547,000.00. If you have any questions or wish additional information regarding this agenda item, please do not hesitate to contact either Brad Reid, Asst. Director of Parks and Leisure Svs., or myself at (972) 304-3552. Created by Gary D. Sims C:W DOCUM1Denton Creek Trail Constructlon.doc P°,MmM Boa a 4-9 Pop, ZOOS svilvQ H B D LDDO 9C9 DTZ %tld 90:LT RH.L 00/9Z/80 O O Op O O Op m 75 O pO 8 S p pp SOS S p 0 f0 S 6 O V O O yCN H — fO S S O O H J y Cg CO O O S Q$p5 O 0 S H 1O1�� H N �O � N H y S y p O N Of C! 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REVIEW +\-BID $ CITY MANAGER REVIEW: Document Name: #10242 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council Members From: Kenneth M. Griffin, P.E., Dir. of Engineering/Pubtic Works Date: October 24, 2000 RE: Update on S.H. 121 and Belt Line Road • S.H. 121 On October 11, 2000 I attended a meeting sponsored by Denton County Commissioner Sandy Jacobs concerning the status of the S.H. 121 construction. The following is a brief review of the meeting and the current status of S.H. 121. S.H. 121 from its intersection with Business 121 (Denton Creek and S.H. 121) up to the Dallas North Tollway has environmental clearance and is a Priority II project. Priority II allows the actual design of the project to begin. Because of the size of the design, the project has been divided into four sections. Engineering firms have been selected for 3 of the 4 segments, with TxDOT performing the design of the 4th section. The consulting firms are as follows: Carter & Burgess - from Business 121 to Lake Vista Drive, this section is partially contained within and directly north of Coppell; Halff and Associates - east of I.H. 35E to F.M. 544; Bridgefarmer and Associates - F.M. 544 to Dallas North Tollway. TxDOT will design the grade -separated overpass at I.H. 35E and S.H. 121. All consultants have committed to a very compressed design timeframe for the specific reason of being complete with design by fall 2002. The fall 2002 timeline is critical because if the design of the projects is complete at that point, then they will be included in the TxDOT Letting Program for 2003. TxDOT has committed to Sandy Jacobs that if the designs are complete and the projects included in TxDOT Project Letting Program for 2003, then monies will be available for construction of all phases in 2003. Ms. Jacobs gave a brief update on the State's Infrastructure Bank (SIB) loan. Final approval for the SIB loan is scheduled for October 26, 2000. The basic terms of the loan are 4.5 percent interest with a 7 -year payback. If all goes as planned, it is anticipated that S.H. 121 from Dallas North Tollway to Denton Creek in Coppell will be under construction in late 2003 or early 2004. There are obviously still challenges to overcome; but, Ms. Jacobs is highly optimistic that this timetable will be met. Obviously, the limits as discussed above do not include the section of S.H. 121 between the cities of Coppell and Grapevine from Denton Creek to south of Sandy Lake Road. That is Section 13 of S.H. 121 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" and as of this date it still does not have environmental clearance. Council may recall that on January 11, 2000 an Interlocal Cooperation Agreement was approved between the City of Coppell and Denton County for the city to participate in an amount of 2 million dollars in the S.H. 121 project. However, the Interlocal Agreement was specific that the City would make payments in five annual installments of $400,000 on or before October 151 of the year of which Priority II status is reached on Section 13. The Priority II status is important because until a project reaches Priority H status the engineering design of the project cannot begin. The latest timeline for Section 13 is that the environmental clearance will be obtained in mid -2001. At that time, Section 13 will go to a Priority II status, the engineering firm will be selected for the design and the design will proceed. I questioned how this project would then tract with the remainder of S.H. 121. 1 was told that if the environmental clearance was obtained in mid -2001 then the goal was still to start the design of Section 13 and have that design also completed by fall 2002 so that it could also be on the TxDOT Letting Program for 2003. The best case scenario is that S.H. 121 from Dallas North Tollway to approximately Sandy Lake Road could have contracts awarded for construction sometime in 2003. This timeline is approximately 10+ years ahead of what the timeline would have been without the intervention of Sandy Jacobs and the utilization of the State Infrastructure Bank loan and the participation by five abutting cities. • Belt Line Road On May 22, 2000 Dallas County received and opened bids for the construction of Belt Line Road from Denton Tap to MacArthur. The low bidder was H.B. Zachary Construction Corp. On July 25, 2000 City Council approved a Supplemental City/County Agreement for funding associated with Belt Line Road. Our share of the funding is basically for: conduit for future traffic lights or irrigation, pull boxes for traffic lights, foundations for street lighting, pavement markings, traffic buttons, brick pavers, temporary traffic signals, relocating existing traffic signals and adjusting portions of our existing 24" water line. On September 28, 2000 a workshop was held between representatives of Dallas County, the City of Dallas, the City of Coppell and H.B. Zachary Construction Corp. The project will be run as a Dallas County project with Dallas County providing the construction inspection and supervision on the project. I have assigned an inspector to the project; but his involvement will be limited to inspecting the portions of the construction that we are funding and to maintain dialogue with Dallas County's construction inspector. One of the main issues discussed at the workshop was how to accommodate the traveling public and to get information out to the public as a whole. Subsequent to the workshop, there was a follow-up meeting to discuss opportunities for disbursement of information. Dallas County will be e -mailing information to me concerning this project on a bi-weekly basis. I will review the information, edit as needed and e-mail it to Sharon Logan for inclusion on the City's webpage. The types of information to be placed on the webpage include a map of the project, general description, contact information, schedule, upcoming events, accomplishments, and photographs of the work in progress. The contractor is currently mobilizing on the project and should begin full construction in the next few weeks. At the Council meeting additional information will be provided on current work taking place on the project and what to expect in the near future. Staff will be available to answer any questions at the Council meeting "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" T H H - C I T Y - O P COPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: October 24, 2000 ITEM # CITY MANAGER'S REPORT A. Update on Wagon Wheel and MacArthur Parks. B. Set Special Council Meeting for November 13d' to canvass the election. CITY MANAGER'S REVIEW: T ~ 8 . C , T r . o • COPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: October 24, 2000 ITEM #_ MAYOR AND COUNCIL REPORTS A. Report by Mayor Sheehan regarding Moonlight Walk. B. Report by Mayor Sheehan regarding Living Legacy Memorial Program. C. Report by Mayor Sheehan regarding Early Voting. D. Report by Councilmember Stover regarding letters from Lakeside Elementary School students. CTrY MANAGER'S REVIEW: