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CP 2001-02-13 NOTICE OF CITY COUNCIL MEETING AND AGENDA FEBRUARY 13, 2001 CANDY SHEEHAN, LARRY WHEELER, Place 6 Mayor Mayor Pro Tern GREG GARCIA, Place i MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 DOUG STOVER, Place 5 DIANA RAINES, Place 3 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 6:00 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following Ist FI. Conf. Room(Closed to the Public) Work Session Immediately Following 1st FI. Conf. Room(Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, February 13, 2001, at 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag021301 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session ~o.~P.._ A. Section 551.071(2), Texas Government Code * Consultation with City Attorney to seek Legal Advice. 1. Regarding Interlocal Agreement between DFW Airport and Cities of Coppell, Grapevine, Euless and Irving for the development of airport property. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Coppell Celebrates/Pigfest. ~,,~e_.~ B. Discussion of possibility of phasing out alternates on Boards and Commissions as requested by Mayor Pro Tem Wheeler. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. I ~>r43t, 6. Presentation regarding the newly renovated Council Chambers. ~ p,~e, 7. Citizen's Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: CJ F),~.St_.5 A. Consider approval of minutes: January 23, 2001. /-~ ~),~¢.~ B. Consider approval of a Resolution calling the Regular Municipal Election for Mayor and Councilmembers Place 2, Place 4 and Place 6 for Saturday, May 5, 2001; and authorizing the Mayor to sign. J~'~r., C. Consider approval of authorizing the City Manager to enter into a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the City Manager to sign. ag021301 Page 2 of 6 ITEM # ITEM DESCRIPTION jo,~{,~ D. Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and OnFiber Carrier Services, Inc. for use of the right-of-way to install telecommunication lines and related appurtenances; and authorizing the City Manager to sign. E. Consider approval of an amendment to the Interlocal Cooperation ~,~5c,.5 Agreement for Operation and Maintenance of Traffic Signals between the Texas Department of Transportation, City of Lewisville and City of Coppell as approved by City Council on February 9, 1999; and authorizing the City Manager to sign. ~,b~.$ F. Consider approval of creating four (4) regular, full-time lifeguard positions at the Coppell Aquatics & Recreation Center through the conversion of allocated part-time hours as authorized through the Leisure Services Department's 2001 Fiscal Year Budget. Land Use and Development G. Consider approval of an Ordinance for Case No. S-1183, Quizno's, zoning change request from PD-178R (Planned Development-178R) /~.1~_.,< to PD-178R-S.U.P (Planned Development-178R, Special Use Permit), to allow the operation of a sub sandwich shop to be located in the Town Center West Retail Center at 171 N. Denton Tap Road; and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. S-1184, Eason Petroleum, Gas Station and Convenience Store, zoning change request from C (Commercial) to C-S.U.P (Commercial, Special Use jO~.j<..~ Permit), to allow the renovation and occupancy of a gas station with convenience store on one-half acre of property located at the southeast corner of Vanbebber Drive and Denton Tap Road; and authorizing the Mayor to sign. joo~'S I. Consider approval of an Ordinance for Case No. s-ii82, cc's coffee House, zoning change request from PD-178R (Planned Development- 178R) to PD-178R-S.U.P (Planned Development-178R, Special Use Permit), to allow the operation of a coffee shop to be located in the Town Center West Retail Center at 171 N. Denton Tap Road; and authorizing the Mayor to sign. ~'--5 J. Consider approval of an Ordinance for Case No. PD-IO8R5, Coppell Service Center, zoning change request from PD-108 (Planned Development-108) to PD-IO8-R5 (Planned Development-lO8-R5) to allow the development of a municipal service center on ag021301 Page 3 of 6 ITEM # ITEM DESCRIPTION approximately 7.504 acres of property located 300 feet east of Coppell Road, south of Bethel Road; and authorizing the Mayor to sign. K. Consider approval of an Ordinance for a proposed text change to ~_{ ~),~¢,:~ amend Section 33-1.6 of the Coppell Zoning Ordinance, Screening Standards, to include the screening of ground level and roof- mounted mechanical equipment, and authorizing the Mayor to sign. END OF CONSENT 9. Consider approval of an Ordinance for Case No. PD-178R2, Town Center West, Detail Site Plan of the Children's Courtyard, daycare and child development centers, zoning change request to amend the planned (2) (~,~3~ development and allow the construction of a 10,262 square foot daycare and a 10,545 square foot child development center on approximately 2.7 acres of property located along the south side of Town Center West Boulevard, approximately 320' west of N. Denton Tap Road; and authorizing the Mayor to sign. Consider approval of entering into a contract with TranSystems Corporation for the design of Bethel Road from Freeport Parkway to west city limits in an amount not to exceed $499,569; and authorizing the City Manager to sign. 11. Presentation by the Parks and Leisure Services Department staff regarding Landscape Techniques. This issue was determined to be one of the City { jo~ Council's Goals for fiscal year 2000-01, during the June 2000 Council Retreat. 12. Necessary action resulting from Work Session. 13. Mayor and Council Reports. A. Report by Mayor Sheehan and Councilmember Tunnell regarding TML and the Legislative Session. ~pc,,,~e,, B. Report by Mayor Sheehan regarding Youth Leadership Community Service Project. C. Report by Mayor Sheehan regarding Leadership Coppell. D. Report by Mayor Sheehan regarding Coppell Substance Abuse Commission. E. Report by Mayor Sheehan regarding Operation School Bell. F. Report by Councilmember Tunnell regarding NLC Committee Appointments. ag021301 Page 4 of 6 ITEM # ITEM DESCRIPTION 14. 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 , 2001, at Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S WEBSITE (.www. ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. 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). ag021301 Page 5 of 6 IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carryin8 of a concealed handBun on these premises or at any official political meetin8 in the City of Coppell is illeBal. Es ileBal Ilevar consigo un arma de fueBo oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag021301 Page 6 of 6 COUNCIL MEETING: February 13, 2001 ITEM EXECUTIVE SESSION A. Section 551.071(2), Texas Government Code - Consultation with City Attorney to seek Legal Advice. 1. Regarding Interlocal Agreement between DFW Airport and Cities of Coppell, Grapevine, Euless and Irving for the development of airport property. SUBMITtED BY: Jim Witt TITLE: City Manager INITIALS CITY COLIlqCIL MEETING: February 13, 2001 ITEM WORK SESSION A. Discussion regarding Coppell Celebrates/Pigfest. B. Discussion of possibility of phasing out alternates on Boards and Commissions as requested by Mayor Pro Tem Wheeler. C. Discussion of Agenda Items. CITY MANAGER'S REVIEW:/~ ITY~ ·, COUNCIL MEETING: February 13, 2001 ITEM # ITEM CAPTION: Presentation regarding the newly renovated Council Chambers. -SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:~\~' DIR. INITIALS: FIN. REVIEW~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: !chamhers.doc ~C1TY COUNCIL MEETING: February 13, 2001 ITEM # 7 CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the following new Article 1-10: ARTICLE 1 - 10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS 1 - 10-6.2.1 CITIZENS APPEARANCE 1-10-6.2.1 SUbject8 Not Appearing on the Agenda Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agencla, 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 spedal 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: ITY~ ,, COUNCIL MEETING: February 13, 2001 ITEM # __ ITEM CAPTION: Consider approval of minutes: January 23, 2001. SUBMiTtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: ~X~ DIR. INITIALS: FIN. REVIE"~ CITY MANAGER. REVIEW: Agenda Request Form - Revised 5/00 Document Name: %minutes MINUTES OF JANUARY 23, 2001 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 23, 2001, at 6:00 p.m. in the 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 Diana Raines, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, ~all and City Attorney Robert Hager. 1. Call to order. , ,~.,:, ~ :...:'~-, '~,L .'. ,.~,~. ....,.~.~. '..,.~,!:~,. to the P~blte) Government Code - Personnel Manager Evaluation. 551.071, Texas Govern~nent Code - Consultation with City Attorney. 1. Sowell vs City of Coppell Sheehan convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:25 p.m. and opened the Work Session. CM01232001 Page 1 of 8 WORK SESSION {Open to the Public| 3. Convene Work Session A. Review of Comprehensive Annual Fiscal Report. B. Review Baseball Association Business Plan. C. Discussion concerning the City of Coppoll Infrastructure Maintenance Fund in regards to potential projects and disbursement of funds. D. Discussion regarding Coppoll Celebrates "Pigfest." E. Discussion of Agenda Items. 4. Invocation. Pastor Wayne McDonald, Metrocrest Community ~e present in the Invocation. 5. Pledge of Mayor Sheeh~ sent in on ~eir badges. ~i: Re' Committee. ~1 Rohloff;i'i'~hai~an, ,1 Development Committee, made a ~sentatio~ cd~Bcil. ' .;.~., .: · . "?x~'~ntation of phque from Coppert High School Band Officers ~:~..:.:.? ~..~ty of Coppert. ,~ follo~ng Coppell High School B~d members presented plaque m ~e Ci~: Andrew Str~ght, ~esident; Neil Wiersum, Vice President; Jusfin Rich, Historic; ~d M~tin Hech~ova, Freshm~ Representative CM01232001 Page 2 of 8 8. Consider approval of a Proclamation naming the month of January SCHOOL BOARD APPRECIATION MONTH, and authorizing the Mayor to sign. Mayor Sheehan read the Proclamation for the record and presented the Proclamation to the following: Carrollton-Farmers Branch ISD John Tepper, Board President Coppell ISD Dianne Miller Deena Reeves, Board President Cindy Warner Issues Discussed: Deene Reeve, Coppell ISD, discussed ing positions of the school districts. The Co in the community to participate input. process. The forums will and Thursday evenin~ .: 15 weeks the Coppell Hi chool . will explain i~Robin Hood d able to p in an :!~i h~ they establish a budget for .:..,,.i T:.' Mr. ISD, discussed how excited they are to se Elementary School open in Coppell. They 'i, will forums at Creekview High School and ~ .?!::.~,=R.L. 'in the upcoming weeks regarding citizen input on i. issues, Chapter 41 and anything else that is on the Councilmember Tunnell moved to approve the Proclamation naming the month of January SCHOOL BOARD APPRECIATION MONTH. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. CMO 1232001 Page 3 of 8 9. Citizen's Appearances. A. Debra Dezendorf, 322 S. MacArthur, spoke about the Montessori School at the Church of Apostles. B. Laura Jarvis, 812 Crane, and Rachel Williams, 784 Crestview Court, spoke regarding their Trash Bash to clean up Denton Creek. 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 9, 2001. B. Consider approval of final Change Order runt of $57,327.00, to the contract with for the construction of the ' Center, and authorizing the to ~n. Issues Discussed: . The dollar amount on 10B $~i~i~:!~?~ 2 19.00. ... ?:i ~nsent Agenda Items A, and ~ !~i~:.'i':'B ref }0. Councilmember Garcia :..,' sec~ 7-0 with Mayor Pro Tem ' :~""':Wheel a, Peters, Raines, Tunnell, Stover ...' and motion. ~:. Co 'i~'~' er :i:::.,. eptance of the Comprehensive Annual Financial fiscal year''=?''':;~'':'~' ended September 30, 2000. Jim Witt, City Manager, gave a presentation to Council. Action: Councilmember Stover moved to accept the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2000. Councilmember Tunnell seconded the motion; the motion carried 7-0 CM01232001 Page 4 of 8 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 12. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2001 in the amount of $3,000,000.00 for purchasing of public land, approving an Official Statement and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Boyd London, First Southwest Company, .~!~:;~entation to Council. . Action: Councilmember Tunnell 2000-936 authorizing the ' of Tax and Revenue 2001 in amount of an Official thereof, and ordalning g the Mayor to sign. the motion carried 7-0 with Mayoi imbers Garcia, Peters, Ralnes, Tunn~ of the motion. Nec~ from Work Session. necessary under this item. City Manager's Report. A. Update on Wagon Wheel and MacArthur Parks. B. Scoreboard Review. A. Jim Witt, City Manager, updated Council on the progress at Wagon Wheel and MacArthur Parks. B. Jim Witt, City Manager, gave a presentation on the scoreboards that the City of Coppell will be using in the City areas. CM01232001 Page 5 of 8 15. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Breakfast with City Leaders. B. Report by Mayor Sheehan regarding Chamber of Commerce Monthly Meeting - State of the City. C. Report by Mayor Sheehan regarding Kiwanis Club. D. Report by Mayor Sheehan regarding Leadership Coppell. E. Report by Mayor Sheehan regarding Citizens Police Academy. F. Report by Councilmember Stover regarding Condolences to Bill York. G. Report by Councilmember Stover regardin~keside Carnival on February 3. ...% ~.~, H. Report by Councilmember Stover .~e~' Baseball Boosters Casino night on I. Report by Councfimember reg~ing CISD Education Foundation :rs Driv,.~ deadline January 31. J. Report by ~nior Adult Services Update. of Commerce would be ...ai~.. '.'.., 200 Daddy Jack's in Coppell. "'.. B. State of the City would be Commerce monthly meeting on './ William T. Cozby Library. ".,' C. announced that there is a new Kiwanis Club in ' A kick-off reception will be held January 9.5, 2001, at at Hackberry Creek. The weekly meetings will be held at :,',~ii:' ,~'on Thursday at 7:00 a.m. at Cj's. ;a,ai~®~""~. Mayor Sheehan reported on the Leadership Coppell reception held i~:~'l last week at Hackberry Creek. She also announced that the first meeting will be held January 9.4, 9.001 and invited everyone to attend. E. Mayor Sheehan reported on the first class of the new session of the Citizens Police Academy. CM01232001 Page 6 of 8 F. Councilmember Stover gave his condolences to Councilmember York on the loss of his father. G. Councilmember Stover announced that the Lakeside Carnival will be held on February 3, 2001. H. Councilmember Stover announced that the Coppell Baseball Boosters Casino night would be held on February 3, 2001, at 7:00 p.m. I. Councilmember Stover announced the CISD Education Foundation Founders Drive deadline has been extended to January 31 ~ 2001. J. Councilmember Peters updated Council on Adult Services upcoming move due to the current building for the expansion of Beltline Ro~ Carrollton has offered to let them move into th~ when it is complete. This move will result increase of $18,000.00. .. "L' ~ .s :.Z!' 16. Necessary Itessi~ to Council, stating that with a copy of the record and the legal able to negotiate a settlement for ~00.00. In analyzing this, the cost to through the appellate stage would far this case and have it over with forever. .;.. 'i.! "':~:,'!!'~r Pro Tem Wheeler moved to settle all outstanding issues in the ..",~:.:~:?,11 vs. City of Coppell case in an mount not to exceed $75,000.00 ,i~*~' and authorize the City Manager to sign any necessary documents relating to settlement of this case even though the Federal Court has ruled in our favor on all counts, and to prevent the City from incurring further costs related to a possible defense of this lawsuit and the time devoted by staff, the Mayor, and Council, copying, computer time, etc. CM01232001 Page 7 of 8 Councilmember Tunnell seconded the motion; the motion carded 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: ': Libby Ball, City Secretary ;i.:~.~.,,~y::.~. '! · ..' , ..: ~(.,,j ;ii'. ': .' .: ' '~:' i!;.'~:':'~' """~:' .... . , :~ ' ,..:.;. : ,~,: . .. , ~. · i(?". ' . .:.:' ..' ... ,.., ',~,. '.,, ~, ~,~ ..~, !....: "; ~:.;i&~d2 :.':J~t'~,~''~'' '~&i ~.~.:~ .:?';~,~ .~ " .. .2..' .:': ,:h~~.. CM01232001 Page 8 of 8 '~'~~ ITY^ s~ COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: Consider approval of a Resolution calling the Regular Municipal Election for Mayor and Councilmembers Place 2, Place 4 and Place 6 for Saturday, May 5, 2001, and authorizing the Mayor to sign. SUBMITFED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ ~,~, AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: ~ DIP,. INITIALS: FIN. REVIE~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document N~me: %mllelec.doc A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ELECTION OF CITY OFFICERS ORDER OF ELECTION May 5, 2001 BE IT REMEMBERED THAT on this the 13' day of February, 2001, at a meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS HEREBY ORDERED that an election be held on the 5t" day of May, 2001, 7:00 a.m. to 7:00 p.m., for the purpose of electing a Mayor, one Councilmember for Place 2, one Councilmember for Place 4, and one Councilmember for Place 6. The election shall be held as a Joint Election administered by the Dallas County Elections Administrator in accordance with the provisions of the Texas Election Code and a Joint Election Agreement. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. In the event any candidate for said office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held. If a run-off election becomes necessary, the run-off election will be held on Saturday, June 2, 2001. The Dallas County Elections Administrator will conduct the Election. A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed in accordance with the Joint Election Agreement. 38918 Early voting by personal appearance shall be conducted at the Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. Early voting will be conducted on weekdays beginning Wednesday, April 18, 2001, through Friday, April 20, 2001, 8:00 a.m. - 5:00 p.m.; Monday April 23, 2001 through Friday, April 27, 2001, 8:00 a.m. - 5:00 p.m.; Saturday, April 28, 2001, 8:00 a.m. - 5:00 p.m.; Sunday, April 29, 2001, 1:00 p.m. - 6:00 p.m.; Monday, April 30, 2001 through Tuesday, May 1, 2001, 7:00 a.m. - 7:00 p.m. Qualified residents of Coppell may vote early for the Joint Election by personal appearance at either the Coppell Town Center or at any of the other branch locations, as published by Dallas County. Application for a ballot by mail shall be mailed to: Bruce R. Sherbert Chief Deputy Early Voting Clerk Office of the Elections Department 1 st Floor, Records Building 509 Main Street Dallas, Texas 75202 Application for ballot by mail must be received no later than the close of business on April 27, 2001. The City Secretary shall present such returns to the City Council for the canvassing of said election. The canvass of said election returns shall be conducted by the City Council not earlier than the 3rd day nor later than the 6th day after the election. 38918 DULY ORDERED by the City Council of the City of Coppell, Texas the __ day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY CITY OF COPPELL, TEXAS (city Seal) 38918 NOTICE OF CITY OFFICERS ELECTION Coppell, Texas Notice is hereby given that a City Officers Election will be held on the 5th day of May, 2001, in the above named City for the purpose of electing the following officers for said City: To elect the Mayor for a two year term, one Council Member for Place 2 for a two year term, one Council Member for Place 4 for a two year term, and one Council Member for Place 6 for a two year term. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. In the event any candidate for such office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held on Saturday, June 2, 2001. The polling place for said election shall be at Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas, 75019. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None but legally qualified voters of the City shall be entitled to vote at said election. The period for early voting by personal appearance shall begin on April 18, 2001 and continue through May 1, 2001. The main early voting polling place shall be the Coppell Town Center, where early voting by personal appearance shall be conducted accordance with the following schedule: Wednesday, April 18, 2001 through Friday, April 20, 2001 from 8:00 a.m. - 5:00 p.m. Monday, April 23, 2001 through Friday, April 27, 2001 from 8:00 a.m. - 5:00 p.m. Saturday, April 28, 2001 from 8:00 a.m. - 5:00 p.m. Sunday, April 29, 2001 from 1:00 p.m. - 6:00 p.m. Monday, April 30, 2001 through Tuesday, May 1, 2001 from 7:00 a.m. - 7:00 p.m. DATED this the day of ,2001. CANDY SHEEHAN, MAYOR 38918 AVISO DE ELECCION DE FUNCIONARIOS DE LA CUIDAD COPPELL, TEXAS Se da aviso por la presente que se llevara a cabo uno Elecci6n de Funcionarios de la Cuidad el dia 5 de Mayo de 2001, en la cuidad arriba mencionada para el proposito de elegir a lost siguientes funcionarios para dicha ciudad: Elecci6n de un O~cial Municipal para un termino de dos anos, un Concejal para el lugar Numero 2 para un termino de dos anos, un Concejal para el lugar Numero 4 para un termino de dos anos, y un Concejal para el lugar Numero 6 para un termino de dos anos. El candidato para cada tal cargo recibiendo una mayoria de todos los votos emitidos para todos los candidatos para tal cargo sera etegido para servir tal termino o hasta que su sucesor este debidamente elegido y calificado. Si cualquier candidato para culaquieres de dichos cargos no recibe una mayoria de los votos emitidos para todos los candidators para tal cargo, se llevara una elecci6n final el sfibado, 2 de junio de 2001. Dicha elecci6n se llevera a cabo en los siguientes lugares de votacion en dicha cuidad: Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. E1 lugar de votos estara abierto desde las 7:00 de la manana hasta las 7:00 de la noche. Solamente votantes calificados legalmente de la Ciudad tendran derecho de votar en dicha elecci6n. E1 pefiodo para la votaci6n anticipada por medio de la presentaci6n personal empezarfi el 18 de abril de 2001 y continuarfi hasta el 1 de mayo de 2001. E1 sitio de votaci6n anticipada serfi on Coppell Town Center, donde la votaci6n anticipada por presentaci6n personal se llevarfi a cabo conforme al siguiente horatio: Miercoles 18 de abril de 2001 y Viernes 20 de abril de 2001, entre las 8:00 am y las 5:00 pm. Lunes 23 de abril de 2001 y Viernes 27 de abril de 2001, entre las 8:00am y las 5:00pm. S~bado 28 de abril de 2001, entre las 8:00 am y las 5:00 pm. Domingo 29 de abril de 2001, entre las 1:00 pmy las 6:00 pm. Lunes 30 de abril de 2001 y Manes 1 de mayo de 2001, entre las 7:00 am y las 7:00 pro. FECHADA este dia de de 2001. CANDY SHEEHAN, MAYOR 38918 ~CATY COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: Consider approval of authorizing the City Manager to enter into a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the City Manager to sign. SUBMITtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ + X-BID $ FINANCIAL COMMENTS: · he charges for the election ~rill be paid by the City Secretary budget. DIR. INITIALS: FIN. REVIEW~ CITY MANAGER REVIEW: ARerids Request Form - Revised 5/00 Document Name: %eleccontdoc ITY~ ~t COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: > Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and OnFiber Carrier Services, Inc. for use of the right-of-way to install telecommunication lines and related appurtenances; and authorizing the City Manager to sign. SUBMITrED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering/Public Works STAFF COMMENTS: City Attorney, Robert E. Hager prepared this agreement and will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: DIR. INITIALS: ~ FIN. REVIEW:e~ CITY MANAGER REVIE Agenda Request Form - Revised 5/00 Document Name: #engl OnFiber January 24, 2001 Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Dallas, TX 75201 RE: Interim Right-of-Way Use Agreement for Coppell, TX Dear Mr. Hager: Enclosed please find the three original agreements you sent to our office that have been executed on behalf of On.Fiber Carrier Services, Inc. Please have them counter-executed on behalf of the City, then send a fully-executed original back to my attention. Thank you for your assistance in this matter. Ve~' truly yours. Malia Beatie Network Development Legal Counsel OnFit)er Cornmunscahons Inc. 10201 Bubb Road CaperliRa, CA 95014 Obese: 408.572.5200 fox: 408,572.5313 www.onfiber. com INTERIM PUBLIC RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF COPPELL, TEXAS AND THE ONFIBER CARRIER SERVICES, INC., A CERTIFICATED TELECOMMUNICATIONS PROVIDER This Public Right-of-Way Use Agreement ("Agreement") is hereby made and entered into by and between the City of Coppell ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and acting by and through its City Manager, its duly authorized agent and the OnFiber Carrier Services, Inc. ("Company"), a Delaware Corporation, acting by and through its authorized representative. The following statements are true and correct and constitute the basis of this Agreement: A. Company is a Certificated Telecommunications Provider ("CTP"). A copy of Company's certificate of convenience and necessity, certificate of operating authority or service provider certificate of operating authority is attached hereto as Exhibit "A" and hereby made a part of this Agreement for all purposes. B. In accordance with Chapter 283 of the Loc. Gov't. Code, a CTP is entitled to construct conduit, cable, switches and related appurtenances and facilities and excavate within the Public Rights-of-Way in order to provide telecommunications services other than Cable Services. Company wishes to excavate in the Public Rights-of-Way in order to provide telecommunications services other than Cable Services in the City. C. In accordance with Chapter 283 of the Loc. Gov't. Code, a municipality may exercise police power-based regulations in the management of the use of its Public Rights-of- Way by a CTP in order to protect the health, safety and welfare of the public. The City wishes to set forth reasonable regulations and requirements in this Agreement for the use of the Public Rights-of-Way by Company and Company is willing to abide by such regulations. 1. DEFINITIONS Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Access Line shall mean, unless the PUC adopts a different definition pursuant to Section 283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter 283. Act shall mean the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Affiliate shall mean any individual, partnership, association, joint stock company limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. I 38059 Cable Services shall mean the same as it is defined in the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Cable Television System shall mean the same as it is defined in the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Certi~cated Telecommunications Provider shall mean the same as it is defined in the Local Government Code, Chapter 283. Company shall mean the OnFiber Carrier Services, Inc.. City shall mean the area within the corporate limits of the City of Coppell, Texas. Director shall mean the Director of the City's Engineering Services Department or authorized representative. Facilities shall mean all facilities placed in, on, under or above the Public Right-of-Way by or on behalf of Company, including, but not limited to, duct spaces, manholes, poles, conduit, underground and overhead passageways, and other equipment, structures and appurtenances and all associated physical devices in the Public Rights-of-Way used by Company for purposes other than the provision of Cable Services. FCC shall mean the Federal Communications Commission. Person shall mean an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of business entity or association. Public Rights-of-Way shall mean the same as it is defined in the Local Government Code, Chapter 283. PUC shall man the Public Utility Commission of Texas. Open Video System shall mean the same as it is defined in Title 47, Code of Federal Regulations, Section 76.1500. 2. PERMIT Company shall not initiate or have initiated any kind of construction, installation, maintenance, repairs or other work that requires the excavation, lane closure, or other physical use of the Public Rights-of-Way unless company first obtains a respective permit ("Permit") from the Director. The City will provide the Permit to Company free of charge following (i) full compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's review of Company's Permit application within a reasonable time following its submission to the Director. 2 38059 3. PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT 3.1 Registration. In order for the City to know which CTPs own Facilities in the City's Public Rights-of-Way, Company shall register with the City Manager and provide the following information at a minimum: (i) Company's name and (ii) the current name, address, and telephone number(s) of a contact employed by and with binding and decision-making authority for the Company and who is available twenty-four (24) hours per day. Company shall update and keep current its registration with the City at all times. 3.2 Application. Company shall submit an application for a Permit, including plan documents, to the Director at least ten (10) working days prior to the commencement of the respective use of the Public Rights-of-Way except (i) where waived by the Director in writing or (ii) in the event of an emergency response related to an existing Facility owned by Company. The Permit application shall include the following information at a minimum: (i) the name of Company; (ii) the current name, address and telephone number(s) of a contact employed by and with binding and decision-making authority for the Company and who is available twenty-four (24) hours per day; (iii) the name, address and telephone number(s) of any contractor or subcontractor that will be performing work in, on or above the Public Rights-of-Way; (iv) the proposed location of any construction and route of all Facilities that Company intends to install in, on, or above the Public Rights-of- Way; (v) the construction and/or installation methods that Company intends to employ in order to protect existing structures, fixtures and facilities within or adjacent to the portions of the Public Rights-of-Way that will be affected by Company's respective project; (vi) the dates and times that Company wishes to use the Public Rights-of-Way; (vii) shall submit detailed engineering drawings to scale, no larger than 24" x 36" which depicts the Right of Way width, street width and the location of the water, sanitary sewer and storm drainage systems currently located in such Right-of-Way; and (viii) proof of insurance and bonding requirements as required by applicable City Ordinances. Upon completion of construction, Company shall provide the Director copies of the "as built" documents for each installation in the Rights-of-Way. 3.3 Executed Public Right-of-Way Use Agreement. Company shall provide the Director with a fully executed copy of this Agreement upon submission of Company's Permit application. 3.4 Compliance With All City Ordinances. Company agrees to comply with all City Ordinances on construction in the Public Rights-of-Way, and such ordinances the Company acknowledges it has either reviewed or had an opportunity to review. 3 38059 4. MUNICIPALITIES 4.1 Sunset. Company shall pay the City a quarterly fee calculated monthly and based upon the Access Line rates for the City adopted by the PUC in accordance with Section 283.055 of the Texas Local Government Code. 4.2 When Due. Company shall pay the Fee on a calendar quarterly basis to the City at the address provided in Section 7 of this Agreement. The Fee shall be due within forty-five (45) days following the last day of each quarter. 5. TERM This Agreement shall become effective on the date of its execution ("Effective Date"), and shall terminate upon the effectiveness of a City ordinance governing the use of the Public Rights-of-Way by CTPs and other public utilities. 6. CABLE SERVICES AND OPEN VIDEO SYSTEMS PROHIBITED Unless otherwise specifically allowed by law, Company shall not provide Cable Service or an Open Video System through its Facilities or initiate construction of a Cable System or Open Video System in the Public Rights-of-Way without a franchise awarded by the City in accordance with the Act. 7. NOTICES Any notices required pursuant to the provisions of this Agreement or provided by the City or Company to the other shall be (i) hand-delivered to the other party or (ii) mailed through the United States Postal Service, postage paid, certified mail, retum receipt requested, addressed as follows: TO THE CITY: WITH A COPY TO: Jim Witt, City Manager Robert E. Hager, City Attorney City of Coppell NICHOLS, JACKSON, DILLARD, P.O. Box 478 HAGER &SMITH, LLP 255 Parkway Boulevard 1800 Lincoln Plaza Coppell, Texas 75019 500 N. Akard Dallas, Texas 75201 4 38059 TO COMPANY: WITH A COPY TO: Mr. Kirk Wampler Legal Department Vice President Network Development OnFiber Carrier Services, Inc. OnFiber Carrier Services, Inc. 10201 Bubb Road A Delaware Corporation Cupertino, California 95014 10201 Bubb Road Cupertino, California 95014 8. COMPLIANCE WITH LAWS Company agrees to comply with all federal, state and local laws; all ordinances, rules and regulations of the City, and all rules and regulations established by the Director in order to protect the public health, safety and welfare. 9. NO WAIVER The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's rights to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNING LAW AND VENUE This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the terms of this Agreement, venue for such action shall lie exclusively in state court located in Dallas County, Texas, or the United States District court for the Northern District of Texas, Dallas Division, unless otherwise provided by law. 11. CONFERENCES At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Company' s use of the Public Rights-of-Way. 12. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation, all available appeals, have been exhausted. 5 38059 13. HEADINGS NOT CONTROLLING Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 14. ENTIRETY OF AGREEMENT This Agreement contains the entire understanding and agreement between the City and the Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties. CITY OF COPPELL, TEXAS ONFIBER CARRIER SERVICES, INC. a Delaware Corporation Jim Witt Name: Kirk Wampler/' City Manager Title: Vice President Network Development ATTEST: By: Libby Ball, City Secretary By: ~:C~- ~c '~"cc- Robert E. H ity Attorney NX t~t~ c~ ~ e t,. ~'~ c. , ttorney 6 38059 § PUBLIC UTILITY COlVI34ISSION CONSOLIDATED ORDER § § OF TEXAS § I)OCKET NO. 21781 Application of Central Power atut Light Company for Gstwral Land OJ~e (GLO) Local Delivery ~rvlce rarfff, Pt~uant P.U.C. SUBST. R. 25.227 DOC'K~T NO. 22321 Al~iicmq. on of Phonoscops~ Ltd. for a S~rvic;~.o~Jtler DOCKET NO.223~;9 ApPHctaion of Ama~, Inc. far a Service t~m,ider DOC~:,ET NO- 223~ Application of GlobalNET for gn Amsndm~nt to ~ts ~,vi~ ProvMer ~eraj~ate of O~eraang Authority CDOC~'~T NO. ,44,p~n of OnFlber Carrier ~erpic~s, Znc~ for a Serfs DOlT NO. 2~6B ~p~n of D~r~one D~ Inc. ~ a Se~i~ Prov~r Ce~ of ~e~'ng DO~ NO. ~73 App~n of ~s~ Commun~ I~~~ for a ~N~s ~sr ~v~e of ~e~g A~ DO~~ NO. ~378 Applic~n ~ ~a N~ork ~stems, I~ for ~ DOlT NO. ~ ~~n of N~ Co~, ~ for a S~ Cs~ of ~g ~T NO. ~a7 Ap~n ~ N~t~r Te~mmu~, Am~ ~ ~ 8~s Prov~er ~~ of ~~O.~96 App~n of GCEC ~e~h~o~s for a C~s Ope~ A~ho~ A~ CONSOLIDATED ORDER PAGE 2 The Comanission adopts the attached fincrm~s d fact and conclusians of o~ders s~ out th~In. SIGNEDATAIISTIN,~A~onth~J_L_~dayo[ /l~n_d 2000. PAT W~OD, m; ~ B~/RETr A~NER DOCKET NO- 22365 APPLICATION OF ON'FIBER CARRIER § PUBLIC IYrlLITY COM1VIISSION SERVICES, INC, FOR A SERVICE PROVIDER § CERTIFICATE OF OPERATING AUTIdEORITY § O~ TEXAS ORDER This Order gnnts OnFfb~r Canier S~rvices, Inc. (the Applicant) a servic~ provlder certificate of op~.t~ng authority (SPCY)A) to plovld~ facilitie. s--~asect and resold t~lecommuniuatiuns services WiLl~n the geographic ax~a of the enft~ staI~ of Texas. The dcc~mt was processed in accordauc~ with atyp]icabl~ statutes and Commission rules. Tha Co~ml-~sion provided notic~ of th~ application to intersted paxti~s. No prorests, motions to interrevue, or requests for l~aring ~ere flied. TI~ Applicant and the Commission's Offic~ of R~galatory Affairs (ORA) ar~ th~ only parties to th~ txoce~ding. ORA r~omm~n& approval of th~ application, as an~ndegL Th~ application. as an~ded, is he~by aFp~o~ed- 2, On April 5, 2000, tl~ Co~ml~ion issued art Order ~stablishing a procedural suhe~lule, entering a p~teutlv~ order, and d~tca,dming filing stud u=vic~ inuc~-dums. 3. On April 14, 20130, consi~tant with the Of~c~ of Re~-,ulatory Affdrs' recomnmndatk,n. tlme Co.m_ndsdon foxrod t~nt th~ ~pljcant, toge, the~ with affiliate, had less than sLx F:ree, nt of the total intrastatc swi~]~cl a~cess ~nlnUtes of US~, as ln~asured by the most xecent 12-month l~rioa for whlch data is available preceding the filing of the applieatiom and cexti~ecl the Applicant ~ligibI~ to obtain an SPCOA. ORA ch~-ked with tlm Secre~ of State and found that the name OaFiber Can, t Sexyices, hc, has b~m regismrexl as of Mamh 2~, 200o. OF~ also checked the ce. rtl~cate of ope~_.,j:ng anthority (COA), SPCOA, and incu_mhent local exchange cornpray official lls~s, and found no simj/ar names. ORA also checked the ]htereXC_hnn_ge Carden list and found no similar 4. On April 14, 2000, the Offic~ of Customez Protection (OCP) filecl its comphint history m~nn-andu~ DOCKET NO. ~365 ORDER PAGE 2 of 6 6. On May 4, 2000, eRA fried ~ recommendszion stating that the Apl~llcant is financially and te~-hnically qualified to receive the 8PCOA requested, and recommending that the application b~ approved, as amPmded. 7- ByOrd~dateAMay ll, 2000, documeatsmliedupaninthisO~d~rwezen_arn~zlinWevi~, A_ ~vli~a. nt's. Reqge~ g. The At~licant Ls a Dcl~ate corporation formed on Zanuary 18, 2000, with authorizy to n-dnsa~t businoss in the state of Texas. 9. The AppllcanC s par~nL company is OnFiber Comauunications, Inc, I0. TI~ Applicant has no affjHatod companies that are public utilities or that axe providing t~lecon=uanbafions scawices. 11. Tkc Applicant proposes to serv~ the geographic area of the entire siam of Texas (proposed s~t-vbe are~). 12. Th~ Applicant proposes to act both as a facdlities-based and ms~Ie pmvld~r of tel~ommunications The Applicant prop~ss to provide Digital Subscrilx~r Line, ISDN, Tl~Private Line., Switch 56 KBP$, Relay, and 1%~tional T1 services (,proposal satvices). 14. Th~ Applicant proposes to provide service to cuaton~rs othe~ than itself ~nd its affiliates. 15, The Applicant has not applied for any municipal con~cnt, frmacki~ or F-a'm~t in connection with the ser~ir.~s and faciliti~ for wMch its is 16. The AppLicant is not a municlpality, nor will the Applicant ~nable a municipality or municipal clccac system to offer for sale to th~ public, direetly or indirectly, local exchange t~lcphon~ sexvjc~, basic local tclecommtmications service, swltchcd access s~vlee, or an:~ ntm-switch~l t~kc. ommxmicatlons service used to pvo~dc connections between customers' prena~ses within an e~xc, bang~ or between a customer's premises and a bng-distanc~ provlder serviug the exchange. DOCKET NO, :Z2365 ORDER PAgE ;~ of~ 17. Tho Applicant do~s not cu~rently hold a local ~6I~'CcIlll~.~m{CatiOnS COA Or celqificate of cOItvelllc~BC~ alld necessity for any part of th~ proposeel s~rvica 18. Th~ Applicant has ai~plie~i for au~hox'ity to pro~[cl~ ifi~comxnmai~ations sLavices in California, tll~ Dhtrict of Colun3bia, ElinoEs, Maryland, New/ers~y, New York, Virginia and Washington. 19, ~ Applicant has n~v~ had a pcrxni~, license or c~x~ifica~ to provid~ ~l~co.~,,,n{caiions ~x-vlce~ ~anted, cl~nid or revokd by any stal~. 21). The Applicant has never provk!~xl tdecon~m~mdcatioxts services in Texas or any o~a~ star2. 2 1. OCP ~d the Office of ~ ARorncy G-end X-{~p~Lri~.d 22. The Texas Comp{n311er's Offico s~.~d that the AppLicant is in cm3apljauce with its statn{~ and rides, The Applicax~ indicated titrough its responses to the Commisdnn's Solvice Quality Questlonnaim d3at it will ~ th~ quality of service standards. 23- The Applicant has ~h~ zeclddte r~clmlcal qualifications to provide the proposexl services Wi_rh{n the proposed service area. 24. The Applicant ~ tl~ requisit~ financial qnsli~cziions m provide the proposeA servic~ within th~ proposed serdc~ ar~ t~xform_ d 2S- More rlum 30 days havo passed sixx~ con~pletion of the notice providd in this :16. No pwtests, motions to intervene or requests for hedng hzv~ been RId. No dj~puted by any p~- No heating is ne~s~m'y. IL Conclusions of Law 1. The Al~liam~ is a tel~;om_m,m~eadons provid~ as defined in § 51.002(10) of tl~ Public Utility Regul~tory Act, Tex. Util. ~ Ann. (Vexnon 1998 & Supp. 2000) (PURA). 2, The Commission has jurisdiction and authority ov~r th~ at~Headon pursuant to §§ 54.I54(a) and 54,I55 oIPURA. I)OCK~ I'~O, 7,7.365 ORDER PAGE 4 of 6 3. ~ ap~ca~ co~lies wi~ ~ 54.1~) of P~. 4. Th~ ~~on pwvid~ ~o~ce 0f ~ a~Iieaaon in o~li~ce ~ ~ 54.~5(a) of ~. 5. The AppEcm~ is climate to ob~n ~ SPCOA ~d~ ~e ~ted~ ~blish~ ~ ~ ~ 54.153. 6. The ~p~t ~ not pwol~ ~m pw~g se~ ~der ~ SPCOA by ~ ~.~1 ~ ~.152 of P~. 7. The n~ ~der which ~e AppHo~t h~ ~que~ ~at ~e ~COA ~ is~ ~ not dup~ a ~ndy ~g u~ by n ex~g ~COA h~d~ nor is k so s~l~ w a nm ~y ~hg u~ 8. T~ Applic~t is en~ed ~ approv~ of ~s a~on, h~v~g d~~ ~ ~M q~~ons W provide ~5 propos~ ~ic~, ~d ~ ~W to provide ~e n~s~ q~xa]~W cusW~, as ~d by ~5 54.15~) md ~.155~) 9. ~ Com~]~slon d~a not, ~ a result of ~ en~ of ~ ~ ~g ~ ~Iic~ ~di~on~ or d~e~ut se~i~ qualiW obl~g~ons on ~ ~c~m~nt I~ ~h~o comp~ ~ha~ s=~i~ to ~. 10. ~c ~ssion 1~ ~e j~sdic~on ~ a~W W d~ ~e n~es~W d a ~~ ~w~ a 11- 1~, ~e ~quk~ for ~v~ dispo~on ~ P .U,C, ~, k 22.35 h~ ~ ~ h IH. ~eE ~aphs 1. ~a appEc~on of O~r a~ S~ hc. for a f~i~-b~ ~d r~old Text. The Applicant shall be bound by t~quit~mgnts of F.U.C, SUBST, IL ~6.111. S~ccic~ under this ce, tti~cate shall be provid_sd 6xc!us~vely in th~ name under which the cetli~cate was grmatai by tI~e Commission. 4. Th~ Applicant shall provide a, copy of iLs application and/or ~ copy of th~ Ccrmm{ssion'S Fnml Order, in accordanc~ wlttt rh~ individual entities requiremeats, to all anger, ted 9-i-1 entities prior to providing service to flaose entities. 5. The Applicant shall file any fatm~ changes in address, contact mpwsantative and/o~ telephone numbers in PToject Number 19421~ Notlfwalion o.f Cht~g~ ~ Address, Contact Repr~sentativ~ and/or TeZsphone Numbers, Pur~Tmnt W P.U.C. SVBST. f~ 26,107. 6, Th~ Atrplicant's provision of local t~lephone service to end-users, whe, tJx~r by its own faciIitles, fiat-rate x~sale, or usage s~usitiv~ lool3, must also ix~lude "9-1-r' emergmmcy telephon~ se. rvic~ at a level recluircd by the applicable x~gional plan followed by lo~al telephone sen, vic~ proriders u~d~r CAmpte. rs 771 and 772 of the Texas l~slth and Safety Cede, TBx. I-IBALTH & SAt~TY CODE ANN. § 771,001 e~ ~q, (V~on 1998) (the, Code) or other apptic~lc law, and any applicable miss and regulations {rapierminting those chapters. The Applicant shall diligently wcrrk widx the M~dsory Commission oI1 State ~y Commtmications, local "9-1-1~ entities, and any oth~ agencies or entities aur_h_crdzcd by Chapters 771 and 772 of the Code m cnsu~s that all '~)-I-1" emacr~asy services, whether prodded through the ccz~~cate holdcr's own facilities, fiat-rate zesalc, or lieage 8ellsflfive lOOp, are provided in a _m.~nnsr consistent ~ the applicable regional plan followc~l by local telephone service proriders under Chapte~ 771 or 772 of the Code or o~t~e-r applicable law and my appHcablc mles a~d regulations implcm~n~n~ those chapters. The Applicant shall diligextly wcr/k with th~ "9-1-1" e. ntiti~s to pum~, in good faith, ~xe mutually agreed goal that the local "P-l-l' entities and enn~ncy sc~rvic~ providers cxpe~ncc no increase in their current iev~l of miss znd, to rh~ cxt~c technically fcasiblc. no degradation in services as a xesul~ of the ccr~fmm~on granted 1 Talecc~nmtmicafi~ns Act of lPg~, ~7 U,-Q,C,, §§IS1 ~,x~q, DOCKE'JF NO, ~ OliDER PAGE h~rcin aM ~ involvem~t of ~e c~;~e hold~ h ~e provision of "9-1-1" ~gen~ 7. T~ AppHc~t has co~i~ W ~d is bo~d by ~ qnallW d ~i~ ~u~n~ s~ fo~ ~ ~ Qufi~ of S~c~ que~o~e. ~ un~rl~ in~ l~al comp~cs (~Cs) e~ to ~ b~d by ~e qu~ of s~jce ~eq~n~ h P.U.C. S~. K ~.61(c). April of ~ SPCOA applj~on d~s not ~x~nd ~e scope of ~ ~de~l~ ~C' s ob~on to iB o~ cmto~. 8, ~ ~ ~om, r~u~ f~ ~ of ~c fmdh~ of fa~t ~d conclud~ of h~by d~ f~ ~t of ITY~ ~~ COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: Consider approval of an amendment to the Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals between the Texas Department of Transportation, City of Lewisville and City of Coppell as approved by City Council on February 9, 1999; and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. Griffin, RE. TITLE: Director of Engineering/Public Works STAFF COMMENTS: On February 9, 1999 City Council approved an Interlocal Cooperation Agreement transferring the maintenance of the traffic signal at S.H. 121 and Denton Tap Road to the City of Lewisville. When a city has a population of less than 50,000 TxDOT maintains all traffic signals located on state highways within that city. However, in 1999 TxDOT subcontracted with the City of Lewisville to maintain traffic signals located on state highways within the dries of The Colony, Coppell, Corinth, Lake Dallas, Flower Mound, Hickory Creek and Highland Village. There is no cost to the City of Coppell for the maintenance of the traffic signal at S.H. 121 and Denton Tap Road. Since the execution of the agreement in 1999, the Town of Flower Mound has exceeded 50,000 in population. Also, since the 1999 execution three additional traffic signals have been approved for installation within the cities of The Colony and Corinth. The amendment to the original interlocal cooperation agreement is necessary to remove Flower Mound from the agreement and to cover the maintenance of the three additional traffic signals. Lewisville has staff and expertise to provide for the operation and maintenance of the traffic signals. Because of their proximity to the listed cities, they can provide a quicker response time in emergency situations. Staff recommends approval of the amendment to the Interlocal Corporation Agreement for Operation and Maintenance of Traffic Signals between TxDOT, Coppea and Lewisville. Staff will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: ~°X~ DIR. INITIALS: ~t~ FIN. REVIEW'~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #eng2 Texas Department of Transportation, P.O, BOX 133067 · DALLAS, TEXAS 75313-3067 · (214) 320-6100 January 31,2001 Amendment to Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals City of Coppell Dallas County Ms. Paula Crocker Engineering Department City of Coppell PO Box 478 Coppell, TX 75019 Dear Ms. Crocker: We are forwarding you a copy of an Amendment to Interlocal Corporation Agreement for Operation and Maintenance of Traffic Signals. If it is necessary for the City to pass a resolution prior to signing this amendment, please notify Ms. Melanie Young, P.E., 214-320-6229 of the date of the subject council meeting so we may coordinate obtaining signatures on the document. We will hand carry two (2) originals to your city following your city council meeting. We appreciate your assistance in expediting the signing of this amendment. Sincerely, Terry M. ~aarns, P.E. Director of Transportation Operations Attachment MBY An Equal Opportunity Employer AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT FOR OPERATION & MAINTENANCE OF TRAFFIC SIGNAL THE STATE OF TEXAS § COUNTY OF TRAVIS § WHEREAS, the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called, "TxDOT" or "State" entered into an Agreement with the Cities of The Colony, Coppell, Corinth, Lake Dallas, Lewisville, and Towns of Flower Mound and Hickory Creek, municipal corporations, hereina~er called "Cities", by and through their respective duly authorized officers, dated August 26, 1999; and WHEREAS, the purpose of the Agreement dated August 26, 1999, was that the City of Lewisville would maintain and operate traffic signals on the state highway system located on: (a) highway routes not designated as full control of access inside the corporate limits of the Cities having a population less than 50,000 (latest Federal Census); and (b) highways designated as full control of access in the Cities; and WHEREAS, since the execution of the Agreement dated August 26, 1999, the Town of Flower Mound has exceeded a population of more than 50,000 according to the US Census 2000 data; and WHEREAS, Exhibit "1" of the Agreement dated August 26, 1999, designated, among others, traffic signals within the town limits of Flower Mound; and WHEREAS, since the execution of the Agreement dated August 26, 1999, three new traffic signals have been approved for installation within the cities of The Colony and Corinth; and WHEREAS, the parties desire that the City of Lewisville, Administrator, assume operation and maintenance of the newly installed traffic signals, as shown on revised Exhibit "1 ", attached hereto for all purposes. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto and to be by them respectively kept and performed, as hereinafter set forth, it is agreed to amend the Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals as follows: 1. The Town of Flower Mound is no longer a party to the Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals since the population of Town of Flower Mound exceeds 50,000 according to the US Census 2000 data results. 2. All traffic signals within the Town of Flower Mound as shown on Exhibit "1" of the original Agreement executed on August 26, 1999 are hereby deleted. 3. The Town of Flower Mound is no longer responsible in any capacity under the terms of the August 26, 1999 agreement. 4. Three new traffic signals indicated by an asterisk, will be added to the revised Exhibit "1 ", two in the City of The Colony and one in the City of Corinth. AMENDMENT TO INTERL OCAL COOPERA TION AGREEMENT FOR OPERA TION AND MAINTENANCE OF TRAFFIC SIGNAL PAGE 1 5. The parties hereto agree that the Administrator will maintain and operate said newly installed traffic signals has shown on the revised Exhibit "1 ". 6. The total compensation as set forth in Article IV Compensation, is hereby revised: The maximum amount payable by TxDOT is $ ' per year. In all other respects, this Agreement shall remain in full force and effect without change. IN WITNESS WHEREOF, the parties have executed multiple counterparts to effectuate this Amendment. This Agreement becomes effective when last signed. ADMINISTRATOR CITY OF LEWISVILLE By: Title Date ATr'EST: CITIES CITY OF THE COLONY CITY OF COPPELL By: By: Title Title Date Date AT!'EST: ATTEST: CITY OF HIGHLAND VILLAGE CITY OF CORINTH By: By: Title Title Date Date ATTEST: ATTEST: AMENDMENT TO INTERL OCAL COOPERA TION AGREEMENT FOR OPERA T/ON AND MAINTENANCE OF TRAFFIC SIGNAL PAGE 2 CITY OF LAKE DALLAS TOWN OF HICKORY CREEK By: By: Title Title Date Date ATTEST: A'R'EST: TOWN OF FLOWER MOUND Approved as to the Removal from Agreement By: Title Date ATTEST: STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date AMENDMENT TO INTERL OCAL COOPERA TION AGREEMENT FOR OPERA TIGN AND MAINTENANCE OF TRAFRC SIGNAL PAGE 3 AGENDA REQUEST FORM ITY^ ~ ~ COUNCIL MEETING: February 13, 2001 ITEM # ITEM CAPTION: Consider approval of creating four regular, full-time lifeguard positions at the Coppell Aquatic and Recreation Center through the conversion of allocated part-time hours as authorized through the Leisure Services Department's 2001 Fiscal Year Budget. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Attached to this agenda item is a memo from myself to Jim Witt, detailing reasons for making this change. Staff will be available to answer any questions concerning this item at the Council meeting. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL CO1VEMENTS: Funds should be available in the Reefeaton Department budget for this pe '1 conversion, DIR. INITIALS: t~ FIN. REVIEW:~ CITY MANAGER REVIEW:. Agenda Request Form - Re~4sed 5/00 Document Name: ^fulltLme TO: Jim Witt, City Manager FROM: Gary Sims, Director of Leisure Services ~~.- DATE: February 6, 2001 RE: Full time status for lifeguards at the Aquatics &Recreation Center Background: When the Aquatics & Recreation Center was opened, it was determined that all lifeguards would be seasonal part-time. This was due to the sporadic nature of such position, with most guards being college students who wanted only part-time hours, were still living at home, and were still on theft parents' insurance. We have found that to not be true in this case at the center. The fact that these jobs are well paid and that the pool is open year round has given us an advantage in recruiting. We have been requested by a number of lifeguards to see about including benefits to their jobs, or they would have to go elsewhere to work, where they could receive benefits. We now have staff that are either putting themselves through school, or have finished, are out on their own, and may want to make this a lifelong profession. The current set up is that the lifeguards have a lot of responsibility for assisting with programs, coming up with innovative ideas on how to operate, and are serving on programming and recognition committees as a part of their job. It has been determined that if we had four (4) full- time guards, we would have a more responsible/older individual on duty during all operating hours, along with a supervisory Senior Lifeguard. This will give us more stability, which should lead to better rapport with the citizens, and increase customer satisfaction in the community. Staff Recommendation: We would like to make this change effective for the pay period beginning on February 19, 2001. We have current lifeguards to fill two of the positions; the others will need to be advertised for and filled in the next month. ~t~~ITY COUNCIL MEETING: February 13, 2001 ITEM # _~1~ ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1183, Quizno's, zoning change request from PD-178R (Planned Development-178R) to PD-178R-S.U.P (Planned Development-178R, Special Use Permit), to allow the operation of a sub sandwich shop to be located in the Town Center West Retail Center at 171 N. Demon Tap Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On December 21, 2000, the Planning Commission unanimously supported for this zoning change (7-0). On January 9, 2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. INITIALS: v~~ed~" FIN. REVIEW:~ CITY MANAGER REVIEW: Agenda Request Form - 5/00 Document Name: @S1183o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-178R" (PLANNED DEVELOPMENT-178R) TO "PD-178R-S.U.P." (PLANNED DEVELOPMENT-178R-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT IN THE TOWN CENTER WEST RETAHJ CENTER LOCATED AT 171 NORTH DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND FLOOR PLAN, ELEVATIONS, SIGNAGE CRITERIA FOR PD 178R AND SIGNAGE , ATTACHED HERETO AS EXIHBITS "B", "C", "D", AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No.' S-1183 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINlED BY TI-IE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning fi'om "PD-178R" (Planned Development- 178R) to "PD-178R-S.U.P." (Planned Development-178R, Special Use Permit-1183) to grant a special use permit for a restaurant, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) That the hours of operation shall be ~'om 9:00 a.m. to 11:00 p.m. Sunday through Saturday. (t3) Property shall be developed in accordance with the site plan, floor plan, and all sign plans and criteria, as required herein, attached hereto and incorporated herein as set forth in Section 3. (C) That the common area and facility lighting immediately adjacent to the retail facility shall remain illuminated during the hours of operation. SECTION 3. That the Site Plan, Floor Plan, Elevations, Signage Criteria for PD 178R, and Signage, attached hereto as Exhibits "B", "C", "D", and "E", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning. Ordinance of the City of Coppell, as heretofore mended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, finn or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and atter its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: APPRO : ORNEY LOT I DESCRIP~ON B~ING · tnsa of Isnd s~usted h the Geol~ W. Jsck Survey, ~ No. 6~ ~ ~ Ci~ of C~ ~ ~, T~ ~ ~ ~~ of$~ of~ ~. ~ ~ ~ h V~ , ~ ~ ~ ~~ = fo~o~: BEG~G g ~ ~ ~ ~ ~le ~ ~t~f-ny) ~ ~d ~ ~ ~ ~ ~ ~ of~ 2 of~ ~c A~fi~ ~ ~~ m ~e Ci~ of C~ll u ~ ~ Vo~ ~1~, ~ B53 of ~ ~ R~ of~ ~, Tu; ~~ S. 01 ~13~ E., 1~2 1 ~ ~ ~ ~ n k of ~m T~ R~ ~ a ~,~' iron ~ ~ for ~, ~ ~ ~ ~ ~ ~ ~ of a ~ of ~ u ~v~ w Wi~ ~~ T~. ~ ~ ~ h Vo~ 85111, ~~ N. 01°13~7* W., 1~.~ ~CB ~ ~ ~ ~ ~ ~~ N. ~1~45' E., 282.78 ~ P~t of ~ ~ ~ 1.833 ~qlTBIT 'B" k'X~IBIT "C' .C..RI TERI A THE .G,I~,N C, tR. ITER. IA .GET FORTH HEREIN, 5HALL. ~TV'ERN ALL e,l~ TO El!~ ~ AND GEN'T'ER, i~ti-!IL.E lvlAINTAININ~, C, Ot'¢~I.~,T'ENT AND I~LEA.f,I!I~ AR~I-tlTEC,,TI. JRAL FOR ALL I"~_NANT~. ALL ~I~N-~ I,"tlTHIN THE MAIR!C.,ET AT TOI,,~N GENTER ~--j-IAI_L j~E PE.e,I~,I'~P. FABRIGAT'ED ANI~ IN~TALLEI:? TO C,O~Y I,~TH U.L. ELEC, TR. IC, AL (..,C:)PE, THE C, ITY' ~ C, OPPELL .~I GN A,",,~ ~,.IVIL. 51~,N C..RrT'EIRIA, A5 I,~'~L.J.. A.~ E~UT NOT LI!',,tlI"E~ TO T1..E FO~_L.C2'~IN~, ~-,,RIT'ER. IA AN~ TENANT .~l~N'e, ~-.IAL/BE LII',IIT'E~ TO EI,J~ll'~-~.~ NAHE C:)R EiCJ'~I~ TYI~E. L~ I~iJLL BE C..ON~IlZ~REZ:> ON A C.~ IDY CASE BA,.~iS. ,~TANI~AR,I~: IN~IVIPUALL'Y LI(~..rI"E~ AND ~ C,,HANNF_L ~, ~ITH RHOH ,~ HAA.G # 214.6, ~ EC~AL, IVORY, I/D' THIC.,K FAC. EE;,, RETAINED .I~ITH I ~,1~,.641 OR EC~AL DRONZ~ ~ITE I' TIR.!I,,IC, AP. ANODIZ~I::> OR PAINTF_D DARK. BIRON. Z~ lETTER R..ETURNS. TYPE~TYLE: I-IELVETIC, A, ~ Ec:iIUAL, I,,IE'~i~. 'TYPE~TY1..E COLOR OR L.C::~,O E. Xt_.,EPTI~;:~5 ~ Oi'slLY BY PIRI~ APF'ROVAL ~ A. ALL CHANNEL LETTEtRG ~..IALL BE ~ID FIRI::::::H ~E:T I'~ET4.L ,~TEEL. 22 G4, I"IlNi'I"IU~, OR ALUI"IlNIJt'I OF I'llNI?lJ"I TNICKN~,G~ C:N= .C)40. IDIEPTN C~ C:;NAI',,J'qEL,G, ,,~I-IALL .BE 4 ~./4". E~. ,6,LL INTERIOR ~t~!=AC.E,G, E~44,.L BE I. LINIT~_ EN.Ai"I~I. GLOG,,G FOR C... LETTEIRE~ ...,,~NALL BE INDIV'IIDLIALLY I'ICX,.INTEID TO F~IA AT ff4,1R JOINT.e, I1: ~.~AINST ~!CK OR .,GTC)N.E, I,UITN &O I"I.A ~EEIR~'~) BENIND F,A,,,.~::::IA NO RACEI. I, JAT',5 IN FRC~T C:;I:: Tt~E F~,SC. IA ARE .AL. LC:XtJF_D. ID. ,.~It,r_tLE-IR~XU 51C.~ L. ETT'~!R~ .GNALL BE Llff'IITF,1D TO 24" IN I~XltIBIT "D" EIltIBIT ~~~ITY COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. S- 1184, Eason Petroleum, Gas Station and Convenience Store, zoning change request from C (Commercial) to C-S.U.P (Commercial, Special Use Permit), to allow the renovation and occupancy of a gas station with convenience store on one-half acre of property located at the southeast comer of Vanbebber Drive and Denton Tap Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On December 21, 2000, the Hanning Commission unanimously supported for this zoning change (7-0). On January 9, 2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. INITIALS: ~5 FIN. REVIEW~ CITY MANAGER REVIEW: Agenda Request Form - /00 Document Name: @S1184EAo AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "C-S.U.P." (COMMERCIAL-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A GAS STATION AND CONVENIENCE STORE LOCATED AT THE SOUTHEAST CORNER OF VANBEBBER DRIVE AND DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND ELEVATION PLAN, ATTACHED HERETO AS E~ITS "B", "C", AND "D", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair heating to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1184 shotrid be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be mended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C~S.U.P." (Commercial- Special Use Permit-1184) to grant a special use permit for a gas station and convenience store, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a gas station and convenience store is hereby approved subject to the following special conditions: (A) Property shall be developed in accordance with the site plan, landscape plan, and elevation plan, as required herein, attached hereto and incorporated herein as set forth in Section 3. (B) That Developer shall remove a minimum of two (2) utility poles as follows: 1. the two currently located on the site; or 2. the 2 located in the Vanbebber right-of-way and a minimum of 1 on site. (C) Any and all additional electrical facilities shall be placed underground. (D) Placement of all mechanical equipment and utility meters shall be screened from public view. (E) Merchandise and displays shall be prohibited from the outside of the building. (F) All signage shall be in compliance with the sign plan and the ordinances of the City of Coppell. (G) The Board of Adjustment grants the variance to the side yard and landscape requirements as depicted on the site plan. (H) The hours of operation for the convenience store may be from 5:00 a.m. to 12:00 a.m., Sunday through Saturday, except unattended fueling may be operational twenty-four (24) hours per day, with reduced lighting under the canopy area only. SECTION 3. That the Site Plan, Landscape Plan and Elevation Plan, attached hereto as Exhibits "B", "C", and "D", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore mended, and as mended herein. 2 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPRO F : ~ -~~R T ~.~ RO ORNEY 4 LEGAL DESCRIPTION BEING LOT I, BLOCK A, OF NOR]HL~KE WOODLAND CEN1T. R AD. DITIO N, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, ACCORDING TO '/HE MAP THEREOF RECORDED VOLUUE 81234, PAGE 1447, MAP RECORDS, DALLAS COUNTY, .' TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; , BEGINNING AT A POINT IN THE EAST UNE OF D[NTON TAP ROAD, SAID POINT BEING NORTH 02 0EGREES 52 MINUTES 07 SECONDS ',~ST A[.ONG SAI0 EAST LINE. 142.65 FEET FROM ITS INTERSECTION I~TH THE NORTH LINE OF BErrlE'L ROAD; THENCE.: NORTH-02-DEGREES-.S2-1aINlYTES'07 'SE:'CONDS IkEST'ALONG THE EAST UNE OF 0ENTON :-AP ROA0 FOR A 0ISTANCE OF gO. OO FEET, TO .6. POINT FOR CORNER; THENCE. NORTH 41 DEGREES 06 ~/NUTES 53 SECONDS EAS1 ALONG EXISTING STREET R.O.W., A 01STANCE OF 50.35 FEET, TO A POINT FOR CORNF~I: THENCE. NOR11.t 85 DEGREES 05 UlNU1ES 53 SECONDS EAST ALONG THE EXISTING SOU.~'rH LINE OF VANBIBBER ROAD FOR A 0|STANCE OF 140.12 FEET TO A POINT FOR CORNER;, THENCE, SOUTH 02 DEGREES S2 MINUTES 07 SECONDS EAST FOR A DISTANCE OF '131.20 FEET, TO A POINT FOR CORNER; THENCE, SOUTH 87 0EGREES 07 IdlNUT1ES 53 SECONDS WEST; FOR A DISTANCE OF 175.00 FEET. TO THE POINT OF BEGINNING, CONTAINING O..S0 ACRES OF LAND. ~[g~BIT "A" it ,. EX~IIBIT "D" ~~~ITY COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1182, CC's Coffee House, zoning change request from PD- 178R (Planned Development-178R) to PD-178R-S.U.P (Planned Development-178R, Special Use Permit), to allow the operation of a coffee shop to be located in the Town Center West Retail Center at 171 N. Denton Tap Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On December 21, 2000, the Hanning Commission unanimously supported for this zoning change (7-0). On January 9, 2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. INITIALS: ~J~ FIN. REVIEW: ~ CITY MANAGER REVIE ~W Agenda Request Form - Revised 5/00 Document Name: @S1182o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF TI-IE CITY OF COPPELL, TEXAS, AMENDING TI-1E COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-178R" (PLANNED DEVELOPMENT-178R) TO "PD-178R-S.U.P.' (PLANNED DEVELOPMENT-178R-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT IN THE TOWN CENTER WEST RETAH. CENTER LOCATED AT 171 NORTH DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS, SIGN CRITERIA FOR PD 178R, FRONT SIGN PLAN, AND REAR SIGN PLAN, AND ATTACHED HERETO AS EXHIBITS "B', "C", "D", "E", "F-I" AND "F- 2", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. S-1182 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "PD-178R" (Planned Development- 178R) to "PD-178R-S.U.P." (Planned Development-178R, Special Use Permit-1182) to grant a special use permit for a restaurant, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Pem-dt for a restaurant is hereby approved subject to the following special conditions: (A) That the hours of operation shall be fi'om 5:30 a.m. to 12:00 a.m. Sunday through Saturday. (B) That this property shall be developed in accordance with the site plan, floor plan, elevations, and all sign plans and criteria, as required herein, attached hereto and incorporated herein as set forth in Section 3. (C) That the lights immediately adjacent to the retail facility shall remain on durip. g the hours of operation. SECTION 3. That the Site Plan, Floor Plan, Elevations, PD-178R Sign Criteria, Front Sign Plan, and Rear Sign Plan, attached hereto as Exhibits "B", "C", "D", "E", "F-I", and "F-2" and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning,Ordinance of the City of Coppell, as heretofore mended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 2 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately f~om and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: 2U~~T E. HAG LIBBY BALL, CITY SECRETARY APPRO : 3 LOT I DESCRIFrlON BEING · u-act of ~ eitmm~ ~ tl~ ~ W. l~k Stu-v~-y, ~ No. 694 m th~ City of C~ ~ ~, T2 ~ ~ ~~ofa ~ of~ u ~~ ~ a ~ ~ Y~ W~ ~ ~. ~ ~ ~ ~ V~ , ~ __ of ~ ~ R~ of ~ ~, T~ ~ ~ ~ ~ ~~ ~ fo~o~: BEG~G ~ ~ W ~ ~ ~ ~ ~ ~ ~ of ~ w~ ~ of ~n T~ R.~ {a ~ie ~ ~t~f-~y) ~ ~ ~ ~ of W~ T~ C~ >re (a ~!e ~ ~t~f-~y), ~d ~ ~ ~ ~ ~ ~ of ~ 2 of ~ ~c A~fi~ ~ ~fi~ ~ ~e Ci~ of C~ll u ~ ~ Vo~ ~1~, ~ ~53 of ~ ~ ~ of~ ~, Tu; ~~ S. 01~13~ E., 1~2 1 ~ ~ ~ ~ n ~ of ~m T~ R~ ~ a ~,~' iron ~ ~ for ~, ~ ~ ~ ~ ~ ~ ~ of a ~ of ~ ~ ~v~ ~ Wi~m ~~ T~. ~ ~ ~ ~ Vo~ 85111, ~ 11~ 0f~ ~ ~ of~ ~, T~: ~~ S. 8~* W., 3~.~ f~ ~ ~ ~ w~ ~ of ~ T~ R~ ~d nmning ~ong ~~~of~md~~a~'n~nh~ ~~ N. 01~13~7* W., 1~.~ ~ 1~ ~ md ~ ~ of~ ~~ m m a ~/~' n ~ ~ f~ ~, ~ ~ ~ ~ ~ of ~ md W~ T~ ~ ~e, md ~ ~ ~ m a ~e ~ ~e 1~ ~ ~ ~ ~y ~ ~ ~ a ~ ~ of~16~* ~ a ~ of 338.~ f~ ~CE fl~ ~ ~ ~ ~ ~ ~ ~ ofW~ T~ ~ ~ve, ~.83 ~ m ~ ~ of~d ~~ ~ md ~ ~ ~ ~ ~ md ~ ~ ofW~ To~ ~ ~ve, 41.98 ~ ~~of~~a~'n~mh~ ~~ N. ~1~45' E., 2~.78 ~ ~ ~ ~ md ~ k ofW~ To~ C~ ~ve ~ ~ P~t of~ ~ ~ 1.833 m of~ ]~]IBIT "A" ' ~. :l~lI'' lilt].Ill4.1. ~ · I~ ~ 14 l~i~!'l ~ ,,, IIt .i !il2._LIl~!ll- ~ ExRTBIT "D, E 'd OL L6/l~ l?L~ 'C)NI C)OSSV 'IIOCTSNIV~ klO~[~ ~IcF'dl2:E (~-~t-~t EXHIBIT "E" *? e ~t 4 8 *~~ITY COUNCIL MEETING: February 13, 2001 ITEM # __~ ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-108RS, Coppell Service Center, zoning change request from PD-108 (Planned Development-108) to PD-108-R5 (Planned Development-108-RS) to allow the development of a municipal sentice center on approximately 7.504 acres of property located 300 feet east of Coppell Road, south of Bethel Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On November 16, 2000, the Planning Commission unanimously supported for this zoning change (6-0). On December 12, 2000, Council unanimously approved this zoning change (6-0). Staff recommends approval. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: @P I08R5o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-108" (PLANNED DEVELOPMENT-108) TO "PD-108RS" (PLANNED DEVELOPMENT- 108R5) TO ALLOW FOR THE DEVELOPMENT OF A MUNICIPAL SERVICE CENTER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SITE PLAN, LANDSCAPE PLANS, SERVICE CENTER FLOOR PLAN, VEHICLE EQUIPMENT STORAGE FLOOR PLAN, SERVICE CENTER ELEVATION PLANS VEHICLE/EQUIPMENT STORAGE ELEVATION PLAN, , CHEMICAL STORAGE BUILDING FLOOR AND PARTS STORAGE FLOOR AND ELEVATION PLANS ATTACHED HERETO AS EXHIBITS "B", "C-I", "C-2", "D-I", "D-2", "E-I", "E-2", "E-3", "E-4" AND "E-5", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zorting Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-108R5 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning ~om "PD-108" (Planned Development-108) to "PD-108R5" (Planned Development-108R5) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth and as further conditions, Site Plan, Landscape Plans, Service Center Floor Plan, Vehicle Equipment Storage Floor Plan, Service Center Elevation Plans Vehicle/Equipment Storage Elevation Plan, , Chemical Storage Buildings Floor and Elevation Plans, and Parts Storage Floor and Elevation Plansattached hereto as Exhibits "B", "C-I", "C-2", "D-I", "D-2", "E-I", "E-2", "E-3"," E-4" and "E-5", respectively: A. The exterior construction of the building shall be of the materials as submitted and approved by the City Council, in accordance with the color board and the exhibits incorporated herein by reference in Section 3 hereof. B. City Council approval of a living screen in lieu of a masonry wall adjacent to outside storage areas. C. The Auslrian Pines shall be planted 20 feet on center. D. Asphalt paving shall be peru'fitted, except for the fire lanes, which shall be concrete. E. Additional landscaping shall be coordinated and approved by the Planning Department. SECTION 3. That the Site Plan, Landscape Plans, Service Center Floor Plan, Vehicle Equipment Storage Floor Plan, Service Center Elevation Plans, Vehicle/Equipment Storage Elevation Plan,, Chemical Storage Buildings Floor and Elevation Plans, and Parts Storage Floor and Elevations, attached hereto as Exhibits "B", "C-I", "C-2", "D-I", "D-2", "E-I", "E-2", "E-3", "E-4" and "E-5", respectively, and made a part hereof for all purposes, are hereby, approved or otherwise altered under Section 2.. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately ~7om and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPR~ ?: ROB/ERT E. I-IXOf~l~ ~rlTY ATTORNEY 4 BEING A TRACT OF LAND SITUATED IN THE JAMES A. SIMMONS SURVEY, ABSTRACT 1296, CITY OF COPPELL, DALLAS COUNTY, TEXAS, AND BEING PART OF A CALLED 46.768 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF COPPELL OF RECORD IN VOLUME 99205, PAGE 5079, DEED RECORDS, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1Z2" IRON ROD SET FOR CORNER IN THE FAST RIGHT-OF-WAY LINE OF COPPELL ROAD (60' R.O.W.) WHICH BEARS NORTH 00' 10' 0`5" EAST, A DISTANCE OF $41.92 FEET FROM A 1/2" IRON ROD FOUND FOR CORNER AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID COPPELL ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF A DALLAS AREA RAPID TRANSIT 100 FOOT RIGHT-OF-WAY AND BEING THE; SOUTHWE;ST CORNER OF SAID 46.768 ACRE TRACT; THENCE NORTH O0° 10' 0,5" FAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID COPPELL ROAD A DISTANCE OF 100.00 FEET TO A 1/2" IRON ROD SET FOR CORNER FROM WHICH A 1" IRON PIPE FOUND FOR CORNER AT THE; NORTHWEST CORNER OF SAID 46.768 ACRE TRACT BEARS NORTH 00' 10' 0`5" EAST, A DISTANCE OF 1078.`51 FEET; THENCE SOUTH 89' 49' 57" EAST, A DISTANCE OF 500.00 FEET TO A 1/2" IRON ROD SET FOR CORNER; THENCE NORTH O0° 10' 0,5" EAST, A DISTANCE OF 208.00 FEET TO A 1/2" IRON ROD SET FOR CORN[R; THENCE SOUTH 89° 49' 57" EAST, A DISTANCE OF 475.00 FEET TO A 1/2" IRON ROD SET FOR CORNER; THENCE SOUTH 00' 10' 0,5" WEST, A DISTANCE OF 614.`54 FEET TO A 1/2" IRON ROD SET FOR CORNER IN THE NORTH LINE OF SAID DALLAS AREA RAPID TRANSIT 100 FOOT RIGHT-OF-WAY; THENCE SOUTH 87° ,52' 21" WEST, ALONG THE NORTH LINE OF SAID DALLAS AREA RAPID TRANSIT 100 FOOT RIGHT-OF-WAY A DISTANCE OF 475.50 FEET TO A 1/2" IRON ROD SET FOR CORNER; THENCE NORTH O0° '10' 0,5" WEST, A DISTANCE OF `528.15 FEET TO A I/2" IRON ROD SET FOR CORNER; THENCE NORTH 89° 49' 57" WEST, A DISTANCE OF ,500.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 7.507 ACRES OF LAND. EYtNIBIT "A" ~' I EY~IBIT t"Bn EXHIBIT "C-l" EXHIBIT 'C-2" Tl=lddO9 .::10 kLIO ']H/ ~ p ~ .~ .~ u. I ! + P P. ,,, i B i © .................... '>~"i ........... ~' '~' tilfill I I~ ~] ~t " ~i i~ ®_ N:':~ , ! t J ~. , tjijililjilijli M i i ',i:" -': ': ':>~: t i ~ ~~~ ~ ~ "":"""': FXIJlBIT "D-I" FA~IBIT ~D-2" P~X~TBIT "E-I" EXHIBIT uE-2" I~q~TBIT "E-3" I' "'1 TaaaOO~OAUO~ ~l ,&.~lVNIIql'13~id 'tl' I : -' ~i~ii~[i I~. ,i~ ~~ I!~1:i ,,~l~l:: ~ ,'; .......... ;;~}'*"::"";;]T";"';', ~ . ~ · . , ~ -.. ,-/ '.:,. ;~; ,' .','. ---'. ','...~ ~ ~ ITY~ ~x COUNCIL MEETING: February 13, 2001 ITEM # ITEM CAPTION: Consider approval of an Ordinance for a proposed text change to amend Section 33-1.6 of the Coppell Zoning Ordinance, Screening Standards, to include the screening of ground level and roof-mounted mechanical equipment., and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On November 16, 2000, the Planning Commission unanimously supported for this zoning change (6-0). On January 9, 2001, Council unanimously approved this zoning change (7-0). Staff recommends approval. DIR. INITIALS. 5 FIN. REVIEW:'6~ CITY MANAGER REVIEW: Agenda Request Fond-~v~ed 5/00 Document Name: @S1182o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 33, SUBSECTION 33-1.6 BY ADDING SUBSECTIONS 6(A) AND 6(B) PROVIDING FOR SCREENING STANDARDS FOR GROUND LEVEL AND ROOF MOUNTED MECHANICAL EQUIPMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 33, Subsection 33-1.6 of the Comprehensive Zoning Ordinance be amended by adding Subsections 6(A) and 6(B) providing for screening standards for ground level and roof mottoted mechanical equipment, which shall read as follows: "33-1 Location of Required Screening 6(A) All ground and wall mounted mechanical and utility equipment including, but not limited to, air conditioning units, generators, and transformers shall be visually screened by a solid screening wall at a minimum height so as to provide visual screening of such equipment from adjacent properties and public rights-of-way. Installation of evergreen landscaping material, as deemed acceptable to the Director of Planning, may be substituted in lieu of the screen wall, under circumstances where the topography, zoning and use of such property would promote the general health, safety, and welfare of the community. 6(B) All roof-mounted utility and mechanical equipment including, but not limited to, fans, vents, air conditioning units, cooling towers, and satellite dishes, shall be screened so as not to be visible at ground level from the adjacent properties and/or public rights-of- way, that complies with Fire Code requirements. In general, the screening of roof mounted utility and mechanical equipment shall be provided by a parapet wall, unless otherwise permitted by the City Council. i. Overall screening height shall be the height of the highest element of roof-mounted equipment. ii. The outside of the screening device, if independent of the building facade, shall be painted or otherwise finished in a color similar to the building faqade, trim, or roof surface, whichever color is more effective in minimizing the visibility of the equipment and screen from public rights- of-way and/or adjacent properties. SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this ordinance is govemed by the 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 5. 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. 2 DULY PASSED by the City Council of the City of Coppell, Texas, the __ day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETLY (REI-Fcdb 02/05/01) ~~~ITY COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-178R2, Town Center West, Detail Site Plan of the Children's Courtyard, daycare and child development centers, zoning change request to amend the planned development and allow the construction of a 10,262 square foot daycare and a 10,545 square foot child development center on approximately 2.7 acres of property located along the south side of Town Center West Boulevard, approximately 320' west of N. Denton Tap Road, and authorizing the Mayor to sign. SUBMITFED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 17, 2000, the Planning Commission unanimously approved this zoning change request (7-0). On March 28, 2000, City Council approved this zoning change request (5-2). Council members Tunnell and Wheeler voted against the motion. Staff recommends approval. DIR. INITIALS: , FIN. REVIEW: CITY MANAGER REVIE Agenda Request Form - R v 5 00 Document Name: @P178R2o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-178R" (PLANNED DEVELOPMENT-178R) TO "PD-178R2" (PLANNED DEVELOPMENT - 178R2) TO ALLOW FOR THE CONSTRUCTION OF A DAYCARE AND A CHILD DEVELOPMENT CENTER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A DETAILED SITE PLAN, LANDSCAPE PLAN, TREE MITIGATION PLAN, FLOOR PLAN FOR BUILDING "A", ELEVATIONS FOR BUILDING "A", FLOOR PLAN FOR BUILDING "B", ELEVATIONS FOR BUILDING "B" ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E", "F", "G" AND "H" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR I EACH OffENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-178R2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "PD-178R" (Planned Development- 178R) to "PD- 178R2" (Planned Development - 178R2) to allow for the construction of a Daycare and a Child Development Center for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions and the Detail Site Plan, Landscape Plan, Tree Mitigation Plan, Floor Plan for Building "A", Elevation for Building "A", Floor Plan for Building "B", and Elevation for Building "B" attached hereto as Exhibit "B", "C", "D", "E", "F", "G" and "H", respectively: A. The one-way ingress and egress off Town Center West Boulevard shall be marked and a loop treatment system for internal traffic and public safety access as appmved by the City Engineer and the Fire Marshall shall be observed. B. No drop off porte cochere shall be required. C. All crosswalks for pedestrian ingress and egress shall be approved by the City Engineer. SECTION 3. That the Detailed Site Plan, Landscape Plan, Tree Mitigation Plan, Floor Plan for Building "A", Elevation for Building "A", Floor Plan for Building "B", and Elevation for Building "B"attached hereto as Exhibits "B" "C", "D", "E", "F", "G" and "H", and made a part hereof for all purposes, is hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 2 SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be ptmished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETLY 3 APPRO TO ORM: ~p~ORT ATTORNEY 4 BEI?qG a ~ of hind situatod in the ~ W. Jmck Surv,~,, Abs~'mc't No. 6~ m ~ Ci~ of C~H. / ~, T~ ~ ~ ~ ~ of a ~ of ~ ~ ~~ m a ~ ~ ~ ~ ~, ~C. ~ ~ m vo~ 73201, P~ 17~ of~ ~ Rm of ~ Co~. 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SUBMITtED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering/Public Works STAFF COMMENTS: See attached memo. BUDGET AMT. $ AMT. EST. $ +\-BID $ , FINANCIAL COMMENTS: Funds are available in the 2000 Street CIP Account for this project. DIR. INITIALS: ~ FIN. REVIEW.~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #eng3 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council Members From: Kenneth M. Griff'm, P.E., Dir. of Engineering/Public Works ~ Date: February 13, 2001 RE: Consider approval of entering into a contract with TranSystems Corporation for the design of Bethel Road from Freeport Parkway to the west city limits in an amount not to exceed $499,569.00; and authorizing the City Manager to sign. In November 1999 Coppell voters approved a bond program which included the construction of several roadways within the City of Coppell. Over the last few months staff has been meeting with various engineering finns concerning design contracts for West Sandy Lake Road, Coppell Road and Bethel Road. On December 12, 2000 Council approved a contract for the design of West Sandy Lake Road. The item before Council this evening is the approval of the design contract for Bethel Road from Freeport Parkway west to the city limit line. The design of Bethel Road should be less complicated than the design of West Sandy Lake Road. However, there is one item which is an unknown at this time. That is the offsite drainage. Based on prior estimates, there is approximately five million dollars allocated to construct facilities to accommodate offsite drainage associated with Bethel Road. There is about 410 acres of land that drains to the intersection of Freeport Parkway and Bethel Road. Of the 410 acres, the only developed portions are the Minyards warehouse and the Postal facility. There are 243 acres of this drainage basin on DFW Airport property. This stretches about 3000 feet south of I.H. 635. The real challenge of this design will be to determine the drainage system necessary to convey not only the current watershed but also the fully developed watershed. As Council may be aware, DFW Airport has been somewhat aggressive in the past few years on developing some of their outlying parcels. Therefore, we anticipate that part, if not all of the 243 acres on DFW property, will be developed at some point in the future and as such the drainage system in Bethel Road should be sized to convey that water. However, strictly building box culverts to efficiently convey water to the Freeport/Bethel intersection could be detrimental on the downstream creeks that wind beside the Senior Citizens Center, Hunterwood Subdivision, Old Coppell Estates, Big Cedar Addition, etc. In 1999, the City of Coppell participated in the Southwest Stormwater Management Master Plan Study with property owners along Bethel Road to study the drainage. The result of that study showed that a regional detention basin should be incorporated somewhere along Bethel Road to accommodate future drainage. This would reduce the need for massive drainage systems all along Bethel Road and also would control the discharge of water into existing creeks and help prevent extensive erosion in the future. The major drawback to that study was that that the optimum location for the regional detention basin is at the "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" southwest corner of Royal and Bethel, on DFW Airport property. This is generally the location of our current field storage and sign/signal shop. Legally, the City of Coppell cannot require that DFW Airport construct a detention basin. I mention the above history to help explain why the design cost of this project is somewhat greater than what I anticipated when preparing estimates for the bond election in mid-1999. We have asked the consultant to evaluate various drainage options, including regional detention or possibly various smaller detention basins. The consultant is also evaluating the impact of the drainage on the existing creeks and modeling various scenarios so that decisions can be made by City staff on what direction to take. Also, part of the consultant's contract includes meeting with DFW Airport to determine if we can work together to resolve the drainage issues associated with the development of Bethel Road. There is approximately $90,000 of this contract associated strictly with surveying of creeks and hydraulic studies of various options. We have also asked the consultant to pay particular attention to irrigation systems, both existing and proposed, and design those systems to meet the irrigation needs of the future Bethel Road. This is an item that was generally overlooked with the design of the Sandy Lake Road project and which has caused the City to spend additional dollars on retro-fitting irrigation systems. That adds approximately $20,0000 to the design. Typically, when we bid construction projects, we require contractors to conform to the Texas Manual on Uniform Traffic Control Devices on maintaining traffic. However, because Bethel Road is one of the main east/west routes in the commercial area of west Coppell, we have asked the consultant to prepare a Traffic Control Plan to address phasing of the various components of construction. Also, detours may be included in that traffic plan. The additional traffic control design by the consultant has added approximately $20,000 to the design. The three items discussed above are approximately $130,000 of the $499,000 design fee. During my review of Bethel Road for inclusion in the bond program, I estimated that the engineering design cost would be approximately $300,000. When you remove the items listed above, the apples to apples design fee is approximately $69,000 different. That difference could still somewhat be attributed to the complexity of trying to provide a completed design while incorporating all the facets of the drainage. It should be noted that the goal of evaluating the drainage in such detail is to hopefully reduce the estimated $5,000,000 associated with the construction of facilities for offsite drainage. Also, if we are successrid in securing a location for a detention basin, then there would be a future amendment to this contract to provide for the actual design of the detention basin. Staff recommends approval of entering into a contract with TranSystems Corporation for the design of Bethel Road from Freeport Parkway to the west city limits in an amount not to exceed $499,569.00. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the __ day of ,2000, by and between the City of Coppell acting by and through the Mayor with approval of the City Council hereinafter referred to as "City", and TranSystems Corporation, hereina~er referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Bethel Roadway and Drainage Improvements, hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions firom said City Engineer with regard to the Basic Services Part I, and any Additional Services mutually agreed to in writing by the City and the Engineer as provided in paragraph 1.A. and B., respectively. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. .Scope of Services, A. Basic Services Parts I & H: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. · These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govem. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer'shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 2 3. Compensation. A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of Four Hundred and Ninety Nine Thousand Five Hundred and Sixty Nine dollars ($ 499,569.00 ) provided, however, that modifications to the Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of Four Hundred and Ninety Nine Thousand Five Hundred and Sixty Nine dollars ($ 499,569.00 ): The lump sum Basic Services Part I Fee. C. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (251h) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. D Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on mounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization ~om the City. The written authorization for additional Page 3 Services shall be in the form of a Modification to the Scope of Services approved .by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project waxrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Patties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reprodueibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and govemment prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera~ or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction Page 4 from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnerins. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of parmering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The Engineer or the City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. In the event the City and the Engineer are unable to resolve a dispute regarding this Contract, the City and the Engineer may pursue such other avenues and remedies as are available to them at law or in equity. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any neglegent, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indenmify City for damages resulting from such negligent errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000 single limit, with certificates evidencing such Page5 coverage to be provided to the City. The redesign of any work found to be defective as the result of negligence of Engineer shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's negligence, shall be removed, replaced, corrected, or otherwise resolved at the sole responsibility and expense of the Engineer. For purposes of this paragraph 11, "negligence" shall mean a duty imposed by this contract, by generally accepted engineering practices, or law owed by Engineer to City, Engineer's breach of that duty (whether knowingly or unknowingly), and injury proximately caused to the City as a result of Engineer's breach of that duty. For purposes of this paragraph 11, anything contained to the contrary in the Texas Engineering Practice Act shall not alter the above definition of "negligence". 12. Indemnification. Engineer shall indemnify and hold harmless the City of Coppell, its officers, and employees from any loss, damage, or expense, including reasonable attorney's fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer, to the extent caused by any negligent errors or omissions on the part of Engineer, its employees, consultants, or subcontractors for whom Engineer is legally liable, in performance of this Contract, or for any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the paxties hereto and shall not create or grant any rights, contractual or otherwise, to any person or entity. For purposes of this paragraph 12, "negligence" shall mean a duty imposed by this contract, by generally accepted engineering practices, or law owed by Engineer to City, Engineer's breach of that duty (whether knowingly or unknowingly), and injury proximately caused to the City as a result of Engineer's breach of that duty. For purposes of this paragraph 12, anything contained to the contrary in the Texas Engineering Practice Act shall not alter the above definition of "negligence". 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Page 6 Immediately upon receipt of notice of such cancellation from either party to the o.ther, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified' in their respective trades or professions. 16. OuaHtv Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without reslrietion; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. Page 7 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall famish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts: The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. Page 8 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas Mr. Kenneth M. Griffin, P.E. Director of Engineering & Public Works 255 Parkway Coppell, TX 75019 Engineer: Paul J. Padilla, P.E. Assistant Vice President 3010 LBJ Freeway, Suite 990 Dallas, Texas 75234 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representaULy;NEth~~y aniorth above. THE CITY OF COPPELL BY: BY: / 7' ~ Raul Pena 1II, Regional Vice President Mayor Name & Title Date: Date: ATTEST: ATTEST: (CORPORATE SEAL) Page 9 ATTACHMENT "A" BASIC SERVICES The Engineer agrees to render services necessary for the development and completion the Project as outlined herein. The project consists of the preparation of Construction Documents to provide for the widening of Bethel Road from the West City Limits of Coppell east to Freeport Parkway. The roadway will be a 6-lane parkway from the west city limits of Coppell to Royal Lane and a 4-lane parkway from Royal Lane to Freeport Parkway. The section of roadway between Royal Lane shall be designed to accommodate bicycle traffic in both directions. Construction plans shall provide for roadway, landscaping, storm water, lighting and right-of-. way documents. In addition, TranSystems shall evaluate the effects of development in the southwestem portion of the City on Stream G1 (tributary to Grapevine Creek). TranSystems shall also provide limited construction management services as detailed in the scope. The Basic Services to be performed by Engineer under this Contract are further outlined below: A. SCHEMATIC DESIGN 1. When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities which are economical in design and conform to instruction from the City. 2. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements with the requirements of such other agencies. It shall be the Engineer's duty hereunder to secure necessary information from such agencies. 3. The Engineer shall attend 6 public meetings for the purposes of meeting with affected property owners and concerned citizens. 4. The Engineer with the assistance from the City will develop a project schedule. This schedule will provide milestones for design and specific delivery dates. The schedule will be updated monthly and included with the invoice. 5. In addition to data obtained from the City, Engineer will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. Engineer will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, City drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. Page 2 6. The Engineer shall advise the City with regard to the necessity for subcontract work .such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall made only upon authorization by and at the expense of the City. The Engineer shall perform a geotechnical investigation for the purposes of determining pavement design, back fill and compaction requirements as well as special embankment recommendations. The investigation will included: · Borings at 500 foot centers along proposed centerline · Appropriate laboratory testing to evaluate existing materials · Additional borings on 100 foot centers to evaluated previous trench failure · Preparation of geotechnieal report to address, pavement design, general site grading, foundation recommendations for traffic signals, recommendations for embankment back fill and slope protection. 7. During the schematic design phase the Engineer shall coordinate with all utilities as to any proposed utility lines or the need for adjustment to the existing utility lines within the project limits. The information obtained shall be shown on the schematic plans and addressed in the schematic design report. The Engineer shall show on the schematic, preliminary, and final plans the location of the proposed utility lines, existing utility lines, and any adjustments and/or relocation of the existing lines based of information provided by the respective utility company. The Engineer shall base the location of the utilities based on record drawings provided by the utility server. Where conflicts are anticipated, the Engineer shall coordinate with the utility proriders to D-hole the utility for exact locations. 8. The Engineer shall provide necessary design field surveys for his use in the preparation of plans and specifications. The Engineer shall also provide sufficient property surveys to prepare the necessary right-of-way document and related exhibit for acquisition of right-of- way, to include temporary and permanent easements, with use of Engineer's documents. As further defined below: · Set temporary vertical and horizontal control for project · Research subject property · Prepare working sketch for properties · Acquire USGS information and GPS control for project · Reconnaissance and tie property comers for right-of-way determination · Research of existing utilities within corridor using dig test services · Cross section of Bethel road at 100' intervals (full topo) · Cross sections for all existing driveways · Cross section and Topo for channel improvements to Stream G1 Page3 · Detail intersections, full topo 500' north and south on Royal Ln., 500: south on Freeport (ROW to ROW), 500' east on Bethel Rd., locate flagged or marked utilities · Following approval of schematic prepare parcel maps and submit to City 9. The Engineer shall supply construction plans to all utility companies, including but not limited to franchiscd utilities and pipeline companies which have existing and proposed facilities within the limits of the Project. The above mentioned construction plans shall consist of the following: one set of schematic plans, one set of dated preliminary plans, and, one set of dated and approvcd advertising (final) plans. 10. The Engineer shall fumish for City review two (2) copies each of the schematic engineering plans at a scale of 1"=20' and a written report on the project in sufficient detail to indicate clearly the problems involved and the altematc solutions (2-3 alternates) available to the City, to include layouts, preliminary right-of-way needs, opinion of probable cost for each altemate proposed, and th~ Engineer's recommendation(s). B. HYDRAULIC INVESTIGATION 6 The Engineer shall prepare a hydraulic investigation, which will analyze the affects of proposed development on Stream G1. The purpose of the study will be to prepare alternate conceptual designs (2-3) for regional storm water detention. TranSystems will make use of previous studies prepared by Half Associates and the city wide storm water master plan. The investigation and analysis shall include the development of a detention plan scheme or other acceptable drainage solution which will: * Coordinate offsite drainage from DFW · Set meeting with DFW to discuss possibility of a regional detention pond on airport property. · Evaluation of alternatives for regional storm water detention · Prepare a written report, which will provide a recommended solution for storm water detention. · This investigation does not include the preparation of detailed construction plans for the detention ponds. · Design of channel improvements for G1 to the structure locate at Coppell Road · Prepare a Conditional Letter of Map Revision (CLOMR) for Submittal to FEMA C. PRELIMINARY DESIGN 1. The Engineer shall meet with the City to discuss the schematic design plans and report, and the Engineer will then proceed with preparation of the preliminary design of the project Page 4 incorporating all comments received from the City and agreed upon by both the City .and the Engineer into these plans. 2. The Engineer shall provide detailed design data, profiles, cross-sections where appropriate, opinions of probable cost, and famish two (2) copies of detailed preliminary design plans for the project to the City for review. These plans shall included roadway, storm sewer, reloeated sanitary sewer and water line. The Engineer shall indicate on the plans the location of existing and proposed utilities and storm drains. Storm drainage calculations shall also be provided on the drainage layout sheet in the plans. 3. After receipt of preliminary design review comments from the City, the Engineer shall make all corrections noted and then commence preparation of the final design plans and specification/contract documents. 4. The Engineer shall prepare preliminary Traffic Signal plans for the intersection of Bethel Road and Royal Lane and shall provide for future conduit locations for the signalization of the Bethel/Freeport Parkway intersection. 5. The Engineer shall prepare preliminary Landscaping Plans. This shall include; · Develop a preliminary landscape design at an appropriate scale based on the selected alternative. · Develop a preliminary irrigation design at an appropriate scale based on the preliminary landscape design. · Prepare a probable cost estimate for the landscape and irrigation construction based on the preliminary landscape and irrigation design. 6 The Engineer shall prepare a preliminary traffic control plan. The plan shall be of sufficient detail to show that construction activities can be accomplished. This plan shall also delineate possible construction phasing. D. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E) 1. Incorporating all City review coheres from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents/specifications, and a final opinion of probable cost for the authorized construction units. This shall include summaries of bid items and quantities, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. 2. After receipt of final plan/specifications/contract documents review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of contract documents and final bid plans along with 4 sets of Half-Sized plans to the City for distribution to Contractors for bidding the Project. Contract documents shall contain the Page 5 Notice to Bidders, Proposal, Wage Rates, General and Special Provisions, .Special Specifications, Insurance Statement, Payment, Performance, and Maintenance Bonds, and all other required City Contract forms. 3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. 4. The Engineer shall determine the right-of-way and easement needs necessary for the construction of the project and furnish same to City. The Engineer shall provide the necessary land survey, Deed and Abstract Records search, right-of-way exhibit and description of the single property parcel to be acquired for this project. 5. The Engineer shall prepare final landscape and irrigation plans. These plans shall include: 6. Finalized landscape and irrigation plans based on the City of Coppell and the City of Coppill Leisure Services staff comments if applicable. 7. Probable cost estimate for the construction per the finalized plans. 8. The Engineer shall prepare a complete set of traffic control plans for submittal to the City. These plans shall delineate phasing and signing and shall be included as part of the construction documents. E. CONSTRUCTION ADMINISTRATION. 1. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising and place notice with Texas Contractor magazine and Dodge Report. 2. The Engineer will attend a pre-bid meeting. 3. The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). 4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and Page 6 maintenance bonds and all other related City forms required to initiate construction on the project(s). 5. Engineer will arrange a pre-construetion conference with City staff, Contractor(s), and all affected utility companies. 6. The Engineer will participate in a partnering program between the selected contractor and the City. 7. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary. However, once every two (2) weeks the Engineer shall attend a scheduled meeting with the project inspector and the Contractor(s) to discuss the construction progress. A written report shall be provided to the City after each of these bi- weekly meetings. 8. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 9. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 10. The Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. 11. Engineer will provide, in conjunction with the City, a final inspection of the project and provide a "punch list" of deficient items to the Contractor(s). 12. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. 13.Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings" within 30 days after the completion of the project including updated digital files of the new construction for use in the City's computerized mapping system. Page 7 ~'~~ITY COUNCIL MEETING: February 13, 2001 ITEM # ] ] I '[ I ITEM CAPTION: Presentation by the Parks and Leisure Services Department staff regarding Landscape Techniques. This issue was determined to be one of the City Council's Goals for fiscal year 2000-01, during the June 2000 Council Retreat. SUBMITTED BY: Gary D. Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Staff has prepared an audio-visual presentation relating various options that should be considered when modifying to the City's current landscape techniques and plant palette. This presentation has been developed in conjunction with the Planning Department. Specifically, the presentation discusses issues related to water conservation, use of native plant materials, visual impact and related paradigm changes, as well as potential cost savings that may be related to maintenance. The term "Landscape Techniques" is nebulous, as there are many aspects to this subject. After the presentation, we will distribute a very informal survey of your preferences regarding this presentation so that we may determine how to proceed. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:'~\'~ DIP,. INITIALS: FIN. REVIE CITY MANAGER RE ~~CITY COUNCIL MEETING: February 13, 2001 ITEM MAYOR AND COUNCIL REPORTS A. Report by Mayor Sheehan and Councilmember Tunnell regarding TML and the Legislative Session. B. Report by Mayor Sheehan regarding Youth Leadership Community Service Project. C. Report by Mayor Sheehan regarding Leadership Coppell. D. Report by Mayor Sheehan regarding Coppell Substance Abuse Commission. E. Report by Mayor Sheehan regarding Operation School Bell. F. Report by Councilmember Tunnell regarding NLC Committee Appointments. CITY MAlqAGER'S REVIE~