CP 2002-01-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA
JANUARY 22, 2002
CANDY SHEEHAN, BILL YORK, Place 7
Mayor Mayor Pro Tem
GREG GARCIA, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DOUG STOVER, Place 5
DIANA RAINES, Place 3 DAVE HERRING, Place 6
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 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 7:00 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, January 22, 2002, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
~ A. Section 551.074, Texas Government Code - Personnel Matters.
1. City Manager Evaluation.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Overview of Comprehensive Annual Financial Report.
_~A,~_,.~ B. Discussion regarding Students on Library Board.
C. Overview of Budget Reduction for FY 2002.
D. Discussion regarding Spring Break and March 12, 2002 meeting.
E. Discussion regarding parking in Andrew Brown West Park.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. I nvocati on.
5. Pledge of Allegiance.
J ¢,,.~ 6. Citizen's Appearances.
7. Consider acceptance of the Comprehensive Annual Financial Report for the
fiscal year ended September 30, 2001.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
i ~ ~)o.5¢~ A. Consider approval of minutes: January 8, 2002.
B. Consider approval of a modification to the Park and Recreation
~ t~,~)c-5 Board Bylaws eliminating the mention of a start time and location of
the monthly meeting.
C. Consider approval of entering into a contract with Birkhoff,
Hendricks & Conway for the design of the State Highway 121 Water
C~ ~....~c".~ Line Project in an amount not to exceed $65,500; and authorizing
the City Manager to sign.
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ITEM # ITEM DESCRIPTION
D. Consider approval of an ordinance amending Article 8-3 Parking,
'~ ~o~-~¢ 5 Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to
prohibit parking, stopping or standing on school days between 7:00
a.m. and 9:00 a.m. and between 2:30 p.m. and 4:30 p.m. on both
sides of Oak Trail, Shadydale Lane, Shady Oak Lane, and Willow Lane
in their entirety; and authorizing the Mayor to sign.
E. Consider approval of an amended contract for the collection of
~'- delinquent taxes between Nichols, Jackson, Dillard, Hager & Smith,
LLP and Linebarger, Goggan, Blair, Pena & Sampson, LLP and
authorizing the City Manager to sign.
F. Consider approval of awarding bid Q.1201-1 for Temporary Staff
Services to: EuroStaff (Receptionist, General Clerk I & II, Secretary,
C~ ~"~"~' Accounting Clerk, and Sr. Accounting Clerk); DLS Associates Action
Now! Staffing, (Library Aide, Data Entry Clerk, Senior Data Entry
Clerk, and Senior Accounting Clerk); Labor Works of Dallas, (Meter
Reader); Pacesetter Personnel Service (Light Industrial, Maintenance
Worker).
Resolutions
G. Consider approval of a resolution authorizing the filing of a project
j,/L ~c.j. application with the North Central Texas Council of Governments for
a regional solid waste program local project, and authorizing the
Mayor to sign.
H. Consider approval of a Resolution of the City of Coppell, Texas,
(~ ~9c~ waiving its right to apply for funding under the Juvenile
Accountability Incentive Block Grant funds offered by the Criminal
Justice Division of the Governor's Office and requesting that its
award be awarded to Dallas County; and authorizing the Mayor to
sign.
FND OF CONSFNT
9. Consider approval of a license agreement with Sprint PCS, Inc. to permit
~O,~:~ the use of a light pole at Andrew Brown Park Central for an antenna and
equipment cabinet, and authorizing the City Manager to sign.
10. Consider approval of a Letter of Intent for economic development
incentives for an industrial prospect, and authorizing the Mayor to sign.
11. Necessary action resulting from Work Session.
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ITEM # ITEM DESCRIPTION
12. Mayor and Council Reports.
A. Report by Mayor Pro Tem York regarding Citizens' Police Academy.
~x,,~_ B. Report by Councilmember Raines regarding Public Hearing on
Frontage Roads.
C. Report by Councilmember Raines regarding YMCA.
D. Report by Councilmember Tunnell regarding National League of
Cities appointment.
13. 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 ,
2002, at
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
AT THE WILLIAM T. COZBY PUBLIC LIBRARY OR THE CITY
SECRETARY DEPARTMENT AT TOWN CENTER.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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~61~i:J~i~I~' AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # i~' ?J ' ,~,
EXECUTIVE SESSION
A. Section 551.074, Texas Government Code - Personnel Matters.
1. City Manager Evaluation.
SUBMITTED BY: Jim Witt
TITLE: City Manager INITIALS
CITY COUNCIL MEETING: January 22, 2002 ITEM
WORK SESSION
A. Overview of Comprehensive Annual Financial Report.
B. Discussion regarding Students on Library Board.
C. Overview of Budget Reduction for FY 2002.
D. Discussion regarding Spring Break and March 12, 2002 meeting.
E. Discussion regarding parking in Andrew Brown West Park.
F. Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
T H E C I 1' Y 0 F
COPPELL
MEMO UM
FI~OM: It,~Jg~n 1~. M~z F~I~, Library Dir~-to
DATE: ]a~u~uT 9, 2002
SUB,II~C'I': ,Imumry ;~2~ 200;~ Work ~-~ion - Youth Advi~or~ to the Libr~' i~o~rd
~ momb~p, ~ C~r would n~ m b~ ~nd~. Co~ii would ~so
22, 2~2 ~ a ~ for Co~ ~s~ion. ~ ~yla~ would ~on b~ ~prov~d at ~ Fobm~ 14, 2002,
255 ~A~.~'AY ~r P.O ~OX 478 ~ COPPELL TX 750;9 ~ TEL. 972:462 0022 ~ FAX 972:304 3673
DRAFT
AMENDED BYLAWS
OF
WILLIAM T. COZBY PUBLIC LIBRARY BOARD
ARTICLE I
NAME
The name of the organization shall be the William T. Cozby Library Board, herein referred to
as "the Board'*.
ARTICLE H
INTENT
SECTION 1: The Board shall act in an advisory capacity to the City Council.
ARTICLE HI
OFFICERS
SECTION 1: The Chairperson, Vice-Chairperson shall be elected during the October Board
meeting each year for a one (1) year term. In the event of a vacancy in the office of the
Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a
vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to
temporarily assume the duties of that office until the next regular meeting at which time an
election will be held to fill such vacancy.
SECTION 2: The Chairperson shall preside at all meetings of the Board. In the absence of the
Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the
Vice-Chairperson, the Board shall elect a Chair-Pro Tern.
SECTION 3: The Recording Secretary of the Board shall be a staff member named by the City
Manager or his designee. The Recording Secretary shall prepare and maintain minutes of all
Board meetings.
SECTION 4: The Board shall be composed of seven (7) regular members appointed by City
Council in October, each of which shall be appointed for two-year staggered terms, three (3)
members' terms expiring in even-numbered years and four (4) members' terms expiring in the
odd-numbered years. Two (2) alternate members shall be appointed for two-year staggered
terms, one (1) member's term expiring in even-numbered years and one (1) member's term
expiring in the odd-numbered years. Each member shall be a qualified voter in the city and shall
have been a resident of the City for at least twelve (12) months preceding the date of
appointment. Members shall be appointed by the City Council in accordance with the rules and
regulations governing Board appointments.
SECTION 5: The Board shall also include two (2) non-voting~ youth advisors which shall be
appointed for one year. Youth advisors shall have been a resident of the City for at least twelve
DRAFT
(12) months preceding the date of appointment and shall be in the seventh (7th) through twelt~h
(12*) grade.
ARTICLE IV
MEETINGS
SECTION 1: Regular monthly meetings of the Board will be held on the second (2"~) Thursday
of e~ch month at 7~00 p.m. in the Library Board Room of the William T. Cozby Public Library,
177 Heartz, Coppell, Texas, unless designated. The Board shall hold such special meetings as
shall be called by the Chairperson or upon written request of at least two (2) members of the
Board or at the request of the City Council.
SECTION 2: The order of business for each meeting shall be as contained in an agenda
prepared by the Library Director or designated representative and the Board Chairperson. Any
board member or citizen of Coppell may submit items to the Chairperson or Library Director to
be considered for the agenda.
SECTION 3: All meetings require a quorum of regular members, exclusive of advisory
members to be present.
SECTION 4: Five (5) regular members of the Board shall constitute a quorum for the purpose of
transaction of business, and no action of the Board shall be valid or binding unless adopted by an
affirmative vote of four (4) or more members of the Board unless otherwise authorized by the
laws of the State of Texas.
SECTION 5: All meetings of the Board shall be open to the public unless otherwise permitted
by law and shall he subject to the Open Meetings Act.
SECTION 6: The Board shall submit to the City Council a copy of the minutes of each regular
and special meeting with a list of any members absent from such meetings.
SECTION 7: If a regular Board member is absent for three (3) consecutive regularly scheduled
meetings, or 25% of the regularly scheduled meetings within a 12 month period, said member
shall be removed l~0m the Board, and the City Council will fill the unexpired term.
SECTION ll: If a youth advisor has three (3) unexcused absences from regularly scheduled
meetings, or 25% of the regularly scheduled meetings within a 12 month period, said youth
advisor may be removed from the Board, and the City Council may fill the unexpired term.
DRAFT
ARTICLE V
POWERS AND DUTIES
SECTION 1: The Board shall have the following powers and perform the following duties:
A. Abide by applicable ordinances of the City of Coppell and follow the rules and
regulations prescribed by the City Council for the conduct of its business.
B. Adopt bylaws governing board actions, proceedings, and deliberations, subject to
approval by the City Council.
C. Act in an advisory capacity to the City Council, City Manager and Library Director in
matters pertaining to library services.
D. Promote library services to the community and cooperate with other governmental
agencies and civic groups in the advancement of library services.
E. Recommend policies to govern the operation program of the library.
F. Assist in interpreting the policies and functions of the Library Department to the public.
G. Review the effectiveness of library services with the Library Director.
H. Assist in long-range planning and give input for improvement and expansion of library
services and facilities and review and make recommendations to the City Council
regarding the library's master and five-year plans.
I. Unless deferred, provide semi-annual Library Board reports to the City Council regarding
its goals and objectives and its input for future library services.
ARTICLE VI
AMENDMENT
SECTION 1: These bylaws may be amended only by majority vote of the members of the
Board, and approval of the City Council.
AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # ~
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES
FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the
following new Article 1-10:
ARTICLE 1o 10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda,
must sign a register and list their residence address, provided by the City Secretary on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence.
Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each.
An individual speaker's time may be extended for an additional two (2) minutes with the approval of a
majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes
allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens
Appearance" shall be called upon in the order that they have signed the provided register. No personal
attacks by any speaker shall be made .,against any member of the Council, Mayor, individual, group or
corporation (Charter Article 3, Sectit~2).
CITY MANAGER'S REVIEW:
T H E C I T Y 0 F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # ~
ITEM CAPTION: Consider acceptance of the Comprehensive Annual Financial Report for the fiscal year
ended September 30, 2001.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: Jerry Gaither of Weaver and Tidwell, L.L.P. will present the results of the fiscal year
2000-01 audit.
BUDGET AMT. $ AMT. EST. $ +'x-BID $
FINANCIAL COMMENTS: k~ I~c
DIR. INITIALS:~- FIN. REVIEW:d~ CITY MANAGER REVIEW:~
Agenda Request Form - Revised $/00 Document Name: $CAFR01.Doc
CITY COUNCIL MEETING: January 22, 2002 ITEM
ITEM CAPTION:
Consider approval of minutes: January 8, 2002.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +X-BID $
FINANCIAL COMMENTS: 0 ~
DIR. INITIALS: FIN. REVIEW:~0k CITY MANAGER REVIEW.~/
Agenda Request Form - Revised 5/00 Document Name: %minutes
MINUTES OF JANUARY 8, 2002
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, January 8, 2002, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following member.= were
present:
Candy Sheehan, Mayor
Bill York, Mayor Pro Tern
Greg Garcia, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
.
Marsha Tunnell, Councilmember .: :. ?..:::.
Doug Stover, Councilmember . ...::. :i~-. ::'::?.':
Dave Herring, Councilmember ../. :ii;~i::?::ii::?.'.:':' '
Also present were City Manager Jim Witt, City Sec/~ Libbyl-.Ball and City
Attorney Robert Hager. :.--:~:-~?- ...... ~::: - ' :--. :-
ca!ed the?~eetingii't0.::.0~iler, de{~rmined that a quorum was
prese/it an'd::c0nve~d int01:.Executi~eiS~§~i6h. ':' ....
. :: :.. .:~ :.: ~::-::- :-::.-:: .... :.: .:.::.:..:- . ..: ...:..... ..... . ..... :.:
' ' ' -::::.- :-:---.:--:- : ........ ~-K.~ ' '~":":"- '-
~CUTI~;SESSi'OI~?/:~:'... :; i'/. (Closed to the Public)
2~': Con~ne E~ecutlVe;~Sesston
-::~:::i.:::. A. ?~:::.-!tectib~i. 551.074, Texas Government Code - Personnel
- -~--~- ~.: :Matt'~S.
.;Mayor Sheehan convened into Executive Session at 5:40 p.m. as allowed under
:the above-stated article. Mayor Sheehan adjourned the Executive Session at
6:07 p.m. and opened the Work Session.
WORK SESSION (Open to the Public}
3. Convene Work Session
A. ClP Overview Ih Discussion.
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Electronic Agenda ?raining,
C, Discussion of Agenda Items,
REGULAR SESSION {Open to the Public)
4. Invocation.
Mayor Pro Tem York led those present in the Invocation.
5. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance..~
6. A moment of reflection in memory ofi~i~i~:Michi~i Johns.
Mayor Sheehan asked everyone to .ha~/e a m°~ent of silence'iiii~ honor and
7. RePort by::Cg!~i..~:cono~lCD'~veloP~ent CorporatiOn.
- ~yor~.Shee~ adViSed that:'this i~..!!ad:ib, eeni:~0stponed.
T~ere were r~0~: citizens sigfi~d .up' to speak under this item.
CONSEN~::AGENDA
9!!!:~i.::!:::!:iii~nslder approval of the following consent agenda items:
A. Consider approval of minutes: December 11, 2001.
B. Consider approval of a Resolution approving the amended
Bylaws of the Coppell Education Development
Corporation, and authorizing the Mayor to sign.
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C. Consider approval of an ordinance abandoning a portion
of an alley easement located adjacent to Lot 5, Block M of
The Meadows Section IV {719 Meadowglen Circle}; and
authorizing the Mayor to sign.
Land Use and Development
D. Consider approval of an Ordinance for Case No. S-1193,
Grandy's Restaurant, zoning change from C {Commercial}
to C-S.U.P.-l193 {Commercial, Special Use Permit-Il93},
to allow the operation of an approximately 3,000 square-
foot restaurant on 1.39 acres of property locat~i~.!' at the
northwest comer of Denton Tap Road and ::.Fi~n~s Court
{North Texas Court}, and authorizing t.~e ~i~i~t° sign.
Consider approval of an Ordin~:.?if6rlCase!iii!i~o. S-1196,
Chlll's Restaurant, zoning cha~::~:from TC (~wn Center}
to TC-S.U.P.-1196 (T~Wn Ce~r, Special ~..Use Permit-
1196), to allow the 0~atlon i~..:a~:.il approximately 3,700
square-foot .restauran~7.With prl~t~:"elub to b~:i. located in
the retail .............. .................. c~nter. .... un~r':.~nstru~i°n at 130 Tap
-" .HC-R3;i;~::':Cb~uni~' Crediiii:;Union. zoning change from
!:'!:'! .~bm~rcia!}:il-.~.0~.PD-133-HC-R3 {Planned Development-
i:~'ii!:: .i'i~33-Hl~hway':::':Commercial, Revision 3) to allow the
:.'i.:.i ::develOpment of an approximately 6,000 square-foot
' ' i~:: :. i ?~i'finanCtal institution on approximately one-and-a-half
::.~:.~.~"~.':.. i:.-~--~: acres of property located at the southwest comer of S.H.
:.i¥::~--::.: :- 121 and Denton Tap Road, and authortzinl[ the Mayor to
Mayor Pro Tem York moved to approve Consent A§enda Items A, B carryin§
Resolution No. 9.002-0108.1, C carryin~ Ordinance No. 2002-975, D carryin~
Ordinance No. 91500-A-311, E carryin§ Ordinance No. 91500-A-312 and F
carryin§ Ordinance No. 91500-A-313. Councilmember Tunnell seconded the
motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers
Garcia, Peters, Raines, Tunnell, Stover and Herrin§ votin§ in favor of the
motion.
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Page3 ofll
10. PUBLIC HEARING:
Consider approval of Case No. S-1149R, 7 Salsas Tex-Mex Grill,
zoning change request from TC (Town Center) and TC-S.U.P-
1149 (Town Center-Special Use Permit-Il49) to TC-S.U.P-
1149R (Town Center-Special Use Permit-Il49 Revised) to allow
a 1,400 square-foot expansion of the existing restaurant and
private club located in Eleanor's Square retail center at 230 N.
Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, :.-made a
presentation to the Council. .
Roberto A. Villa, Applicant, answered questions.
Mayor Sheehan opened the Pt~b~ic Hearing.and :advised tinct no one had
signed up to speak on this pro~al.::...:.~:~: :. .....: :~ '::..i::i:.
Issues Discussed: ..: i'.J.:~:~.!' -~--:.~. - ~.-~ "~"
.............. :: ::. varl~ce.
~ion: .......... :..: ..... ..: ........... .
........ ' : : :- : -: .... :'-FE~-~-: :--:-: :-: :-::-: .....
:::i'i:' Coun~!!~e~i~:-~'~ng ra~ved to CiS'se the Public Hearing and approve
::..~' Case N0i S;ti149R~[::~.::.Sals2s Tex-Mex Grill, zoning change request from
!' ~i'-;' TC {ToV~n ~ter) affd:~TC;SiU.P-1149 {Town Center-Special Use Permit-
;:.: 1149!.:.~to-TC-S.U..~i::i~]49R {Town Center-Special Use Permit-Il49
:: ::--~- ReviSefl) to allow a 1,400 square-foot expansion of the existing restaurant
:.~ and::~.Pdvate:: ~lub located in Eleanor's Square retail center at 230 N.
::~ ~!i :: .~. '~l~ii~tOn Tap Road, subject to the following conditions:
; ::...:~:::~'"1) Board of Adjustment approval of a three parking space variance;
~ ' and
2) All conditions required in S-1149, as follows:
a) To allow the consumption of alcoholic beverages in a private
club restaurant;
CM010802
Page 4 of 11
b) The proposed hours of the restaurant to be:
1 1 a.m. to 1 1 p.m. Monday through Thursday;
1 1 a.m. to 12 midnight Friday and Saturday; and
10 a.m. to 1 1 p.m. Sunday;
c) Attached sign will comply with conditions placed by City
Council during the Site Plan review of the retail building
which limited ail signs to a single color in shades of light
gray, light brown, beige, cream or white.
Councilmember Tunnell seconded the motion; the motion carried 7-0
with Mayor Pro Tem York and Councilmembers Garcia, Peters,. Raines,
Tunnell, Stover and Herring voting in favor of the motion. . :. ::.:::
11 PUBLIC HEARING: ": .: ' ...... .::.
Consider approval of Case No. S-!:!:~i01,~i!!Wtngs tO~jl(~o, zoning
change request from TC-S.U.P-1180:-i:(T6:~n Cente~Speclal Use
Permit-liS0) to TC {Town~.iCenter]!iii:to rescind-.'~he existing
Special Use Permit, whichaUowed f0~:: !h~:.?operatiO~i of a 1,440
square-foot Wings to Go r~:~urant i~.~.~::,.i~iivate clab' located in
Suite 230 of the!-?~wn Ce~t~{:.:iShoppl~g Center, 10~:. N. Denton
Pr~e~tiition: :'~ -'::': ' -- --~ ~ :'::
:!..:::~ Gary Sieb,~::?Di~e~St: of P!anning and-Community Services, made a
~ :: :. presentationi~0'the?Council['~[/ ' ~"'
He~lng: "'
PUblic ': ....
:.~:: !': May0!~:. Sheeh~ opened the Public Hearing and advised that no one had
:./.!:s!g!a~: up t6::speak on this proposal.
" Mayor Pro Tern York moved to close the Public Hearing and approve Case
No. S-llS0, Wings to Go, zoning change request from TC-S.U.P-1180
(Town Center-Special Use Permit-1180) to TC (Town Center) to rescind
the existing Special Use Permit, which allowed for the operation of a
1,440 square-foot Wings to Go restaurant and private club located in
Suite 230 of the Town Center Shopping Center, 106 N. Denton Tap Road.
Councilmember Raines seconded the motion; the motion carried 7-0 with
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Page 5 of 11
Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines,
Tunnell, Stover and Herring voting in favor of the motion.
12. PUBLIC HEARING:
Consider approval of Case No. S-1180R, Jay's Seafood, zoning
change request from TC (Town Center) to TC-S.U.P-1180R
(Town Center-Special Use Permit-IlS0 Revised), to allow the
operation of a seafood restaurant and private club to be located
in Suite 230 of the Town Center Shopping Center, 106 N.
Denton Tap Road.
Presentation: ......
Gary Sieb, Director of Planning and Commun~ty~ilSerVi~es, made a
presentation to the Council. ............... ............. .. :::'~ :.' i"i:' i'-:'~' ' i".i~i'
Charles Vasquez, Applicant, made a prese~tati°n to Coundli!~
PubUc ~ear~-~: ~'~ :~ ': ~:~-:: ..........' ....
Mayor Sheehan..0~ned the P~b!i~ii:Hearin~:.~.~d advised th~.no one had
signed up t~..~';~':this pr0~.;!
I~d~:!fi'~U~e~ ...... ? ":" ..... :": : '" '"~":: :'-: --'
ACtion: ~ ........ ' ....
i:i'.:.'. Couni~lme~r Stoxt~r"moved to close the Public Hearing and approve
:.-::-i- Case!'No. S~::l~:80R,'Jay's Seafood, zoning change request from TC (Town
i':i.!: Cen!~i) to.:.i::TC-S.U.P-1180R {Town Center-Special Use Permit-liS0
:.~ ::': :. iR~i~ed), to allow the operation of a seafood restaurant and private club
~ ?.i :i' :.. ;:t/):be located in Suite 230 of the Town Center Shopping Center, 106 N.
....:. .... ~"Denton Tap Road, subject to the following conditions:
1) The development of this property shall be limited to the site plan,
floor plan and signage as attached to and made part of the
ordinance;
2) The hours of operation being 11:00 a.m. to 12 midnight seven days
a week; and
CM010802
Page 6 ofll
3} Permit the sale of beer and wine on the premises only as provided
by State Law.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines,
Tunnell, Stover and Herring voting in favor of the motion.
13. PUBLIC HEARING:
Consider approval of Case No. S-1195, Sprint PCS, zoning
change request from TC {Town Center} to TC-S.U.P-1195 {Town
Center, Special. Use. Permit-Il05), to allow the construction of
a telecommunications tower at Andrew Brown .community
Park Central located at 364 N. Denton Tap Road~ii~!~!'the east
side of N. Denton Tap Road; north of Par~Y B~i~ard.
Gary Sieb, Director of Planning and ~mmunity Se~!~es, made a
presentation to the Council. ..-~ ~- :--:--: . ~: ~-~:-~ .......
Hart Mason, rep.r~ng App!~c~ madai~: presentation ta~:the Council.
.. :: :: ii:~!~:.~Aftorn~i:i~'~r~!i.~i Haggai:: answered '~iUestions of Council.
l~blic ~e~4~: ::~-'~ -~::~::~':~: - -: ....
i:..i-.::' Mayo~:iSheeh~::.0i~ened the'Public :Hearing and asked for those persons
':'::':: Z.'~:~:. ::- - : -' - '- '"
:~!~'.;~: who Wished-~: spea~!::°n thiSproposal.
.: i-i-' .-:-::~: :'~:- ~'~" .'-.!. :: .......
::-..!. - .............
~: i:.:~ Dick !Belke,'~45: .: Dill~d~' spoke in favor of this proposal.
:.i.:i.-::::i:i:--i.~Se agreement; athletic field lights; security of equipment enclosure;
'i~..~:~:i;!?. ~'~i~xisting light pole versus moving a pole.
Councilmember Tunnell moved to approve Case No. S-1195, Sprint PCS,
zoning change request from TC (Town Center) to TC-S.U.P-1195 (Town
Center, Special Use Permit-Il95), to allow the construction of a
telecommunications tower at Andrew Brown Community Park Central
located at 364 N. Denton Tap Road, along the east side of N. Denton Tap
Road; north of Parkway Boulevard, subject to the following conditions:
CM010802
Page 7 of 11
1) All construction activity shall be in accordance with the letter
dated December 10, 2001, from Gary Sims, Director of Leisure
services;
2) Development shall occur in accordance with the submitted site
plan and building elevations and shall not interfere or disrupt
existing service provided by AT&T Wireless Services; and
3} Lease agreement being worked out to the satisfaction of the City.
Mayor Pro Tern York seconded the motion; the motion carried 7-0 with
Mayor Pro Tern York and Councilmembers Garcia, Peters,. Ralnes,
Tunnell, Stover and Herring voting in favor of the motion .... :~ i.':
14. Consider approval of the 8herrlll Acre$,:::~-~t i:.~'-'~B!0ck 1, 8itc
Plan Amendment, to allow a revisto~:i:t'~ili.th:~ ....... atta~ed...., slgaage
............ . ....... ................
for a veterinary office on .776 of ali~::.~i-e of property located
along the south side of Belt..... Line!::!i..~oadr east ~fiii:-::iiMacArthur.. ..
ACtion: ........
:.~i'~": Coun~i!~emb~r TUSh:ell mo~ed to approve Sherrill Acres, Lot 1, Block 1,
+: .~' Site ptafi A~ndmerli,::.. to."~[Ow, a revision to the attached signage for a
':~:~vete~ (/ffiCe on!i}iP76 of an acre of property located along the south
i?iiill side :i~f :Belt~ .Line Rbad, east of MacArthur Boulevard. Mayor Pro Tem
:::. ::::.:.:. Yori/?~:second~' the motion; the motion carried 7-0 with Mayor Pro Tem
.'"' :¥0i;~i~hnd Councilmembers Garcia, Peters, Ralnes, Tunnell, Stover and
.. ::..'.:';!-:ii!H~ng voting in favor of the motion.
15. Consider approval of the U-Haul, Lot 1, Block 1, Minor Plat, to
allow the development of a mint-warehouse facility on
approximately 2 acres of property located along the south side
of S.H. 121,350' east of Denton Tap Road.
CM010802
Page 8 ofll
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve U-Haul, Lot 1, Block 1, Minor
Plat, to allow the development of a mini-warehouse facility on
approximately 2 acres of property located along the south side of S.H.
121,350' east of Denton Tap Road. Councilmember Raines seconded the
motion; the motion carried 7-0 with Mayor Pro Tern York and
Councilmembers Garcia, Peters, Raines, Tunnell, Stover and~ Herring
voting in favor of the motion. .: :.:~ .~:.~ ::...~.~:
16. Consider approval of an ordtnanc~:i!~:ii~hdingi:~:!ii::~hapter 3,
8ectton 3-1-12 of the Code of Ordl'fiS~:s to amend the Daily
Water Conservation Plan by.~::tnclud~ a Drought ?Contingency
Plan; and authorizing the M~Yor to
Presentation: ..... -~. --~: ..:~ ~:. ~: ~'-:~.
..Keni.;::.Griffin;:/~:Di~et~. of ~ggir/~ring .~d Public Works, made a
~ :.-:.::.'::i.'i:-i}}?~Se!!~ation:::t~ 'the COuncil..i :i. '. ::.~
liiUes':': :: ': Disei~Siedil i i ii i :~ ....... :~': ' :~:~:'~.~ ~ -"':" ..... .....
~:'~.~:.~ -:':'--:::i.: ~ ~ !'!.~':' ..:.:
i :~ ?~:~i Fines'fO~ co~i~i~ti6~ii:.
Action: ' :':: --
.ii'iiill Ma~.:' Pro?~ :?l'em York moved to approve Ordinance No. 2002-976
'!-:ii:.:ii~.'. :.:::.~i!ling Chapter 3, Section 3-1-12 of the Code of Ordinances to amend
~':~.i~':~ :i-~/:~th~.::"Daily Water Conservation Plan by including a Drought Contingency
i;~:i~..~::'i-;::-':Pian; and authorizing the Mayor to sign. Councilmember Garcia
" seconded the motion; the motion carried 7-0 with Mayor Pro Tem York
and Councilmembers Garcia, Peters, Ralnes, Tunnell, Stover and Herring
voting in favor of the motion.
17. Necessary action resulting from Work Session.
There was no action necessary under this item.
CM010802
Page 9 of 11
18. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Public Hearings on
Frontage Roads.
B. Report by Mayor Sheehan regarding Tex 21 Meetings.
C. Report by Mayor Sheehan regarding Guide to Parks and
Recreation.
D. Report by Mayor Sheehan regarding Adopt a Location
Agreement.
E. Report by Mayor Sheehan regarding new book from local
author.
F. Report by Mayor Sheehan regarding Budget Meetings.
G. Report by Mayor Pro Tern York regarding Senior :Center.
H. Report by Mayor Pro Tern York regarding?i~~ber of
commerce. ~ .... ~':::-"~' ~'-'~ ....
I. Report by Mayor Pro Tern Yorl~.[:[r~ding Police
Department. :-:::::~' ~ .;:.!-:i ": ~.~::~.
A. Mayor Sheehan stated she and:: Council~mber: Raines h~d attended a
meeting of the Dallas RegionaI~:.M0bility C6~tion.'~Vhere th~.i~rontage road
issue was discussed :' ::':: ~: :''~ '~" ~':~ :' '
B. Mayor Shee.l~a!!. ~P~d ther~!:~6~!d be a:.~Uarterly meetirig;'of Tex 21 on
~-l~ti~arY 8~:.:-9.0012 :in ~'Eorpus .Chri~Sti::and February 11, 20'02 there will be
. :-:. !'~:: ~ '.a:qu~erly ~eeting With TxDOT;: :a~!: she ~.a~ked for volunteers to attend.
C:.:'iMayo~[!!Shee~"~d~§ed that)the Ci~.::had::'new brochures regarding the
i.i Parks ~d :~Rec~+eation activities aiid"thanked the Parks and Leisure
":" ServiceS::'D' ei~tmeilt~ ' '
D?.' Mayo~.. She~h.an di~e~'§sed the Councirs contract with Keep Coppell
~.~:.i-' Beautiful arid' asked for volunteers to coordinate trash pickup for the
:~ :--: CoUncil's lo~afion. Councilmember Raines and Councilmember Peters
.~.....:ai~d to cO-chair.
Ei.li.'-::~:'::Mayor Sheehan reported that a Coppell resident had written a book
entitled True Leaders setting out concepts for good leadership.
F. Mayor Sheehan advised that the first Budget Meeting was slated to be
held on February 19, 2002. Future work sessions regarding the budget
are planned to mirror last year's schedule.
G. Mayor Pro Tern York encouraged everyone to go by the Senior Center and
see the quilt the seniors had made depicting their history and heritage.
Mayor Pro Tern York stated the seniors would hold an AARP 55 Alive
CM010802
Page 10 ofll
Driver's Safety Program on January 14 and 15, 2002 from 1:00 p.m. to
5:00 p.m. at the Senior Center. Mayor Pro Tern York advised that the
seniors had a new program beginning this month on January 16, 2002
from 11:00 a.m. to 12 noon which will entail the Coppell Police
Department teaching basic car maintenance to the seniors.
H. Mayor Pro Tem York stated the Coppell Chamber of Commerce would
hold its Annual Gala "Evening at the Oscars" Ball on January 12, 2002
at the Omni Mandalay.
I. Mayor Pro Tem York read a passage he had written regarding police
officers and commended Officers Allen, Camp and Detective Watson on
their eulogy for Officer Michael Johns ..... .::'
19. Necessary Action Resulting from Execut.i~e:.~seS~l~:fi~i'
There was no action necessary under this item. ......... ::.~::
There being no further business to come beforei!~e;'~:Ci~ Cound!:i:. the meeting
aa;ournea,,J u '.':: :' :~ ......- -~::~""~'- ~ '::::':
.: !:::- ....... !:-. .-::F::::.~- : :":'": : : :' : "' ' :
':+'~' '"'::~ ....... : ::-: .--:-~::~" ['i.:e~d~::She~ Mayor
ATTEST:... ~
~by.:~!:::::City Secretary
F::"F-:- :-:: ':?:?:5-F ::'
: :'..: ....! ::-: ! :..!::
CM010802
Page 11 of 11
T H £ C I T Y 0 F
COPPELL AGENDA REQUEST FORM
4 ~ . , ~, · COUNCIL MEETING: J~uarv 22, 2002 ITEM ~
ITEM CAPTION:
Consider approval of a modification to the Park and Recreation Board Bylaws eliminating the mention of
a start time and location of the monthly meeting.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
See attachment
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:p~
/,
/
DIR. INITIALS: ~/~ FIN. REVIE¼~ CITY MANAGER REVIEW: //~y
Agenda Request Form - Revised 5;'00 Document Name: "PBbvlaw
T H E C i T Y 0 F
COP?ELL
~ ~ - ~. ~.~ _... '~ ~
PARKS AND LEISURE SERVICES DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: January 11, 2002
To: Mayor and City Council
From: Gan' D. Sims, CLP, Director
Re: Consider Approval of Modifying the Parks and Recreation Board Bylaws,
eliminating the mention of a start time and location for the Monthly Meeting.
Background:
Article IV, Section 1 of the Bylaws of the Coppell Parks and Recreation Board stipulate a
beginning time for the regular monthly meetings of 7:00 PM. Also mentioned is the
location of each meeting. Members of the Board desire to have this language removed
from the bylaws in order to allow for some flexibility in scheduling of the monthly
meetings. Recently the Board has begun their meetings at 6:30 PM in an attempt to
finish the meetings at a more reasonable time. Article IV, Section 1, should read as
follows: "Regular monthly meetings of the Board will be held on the first (1 st) Monday of
each month, unless changed by the Board. The Board shall hold such special meetings as
shall be called by the Chairperson or upon written request of at least two (2) members of
the Board or at the request of the City Council."
CiD' Council Action requested:
Approval of Modifying the Parks and Recreation Board Bylaws, eliminating the mention
of a start time and location for the Monthly Meeting.
Staff Recommendation:
Approval of this item.
AMENDED BYLAWS
OF
COPPELL PARKS AND RECREATION BOARD
ARTICLE I
NAME
The name of the organization shall be the Coppell Parks and Recreation Board, herein referred to
as "the Board".
ARTICLE II
INTENT
SECTION 1: The Board shall function as an advisory group to the Coppell City Council.
ARTICLE lli
OFFICERS
SECTION 1: The Chairperson, Vice-Chairperson shall be elected during the October Board
meeting each year for a one (1) year term. In the event of a vacancy in the office of the
Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a
vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to
temporarily assume the duties of that office until the next regular meeting at which time an
election will be held to fill such vacancy.
SECTION 2: The Chairperson shall preside at all meetings of the Board. In the absence of the
Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the
Vice-Chairperson, the Board shall elect a Chair-Pro 'Fem.
ARTICLE IV
MEETINGS
SECTION 1: Regular monthly meetings of the Board will be held on the first (1 st) Monday of
each month at 7:00 p.m. in the Town Center, City Hall second floor conference room unless
changed by the Board. 'Fhe Board shall hold such special meetings as shall be called by the
Chairperson or upon written request of at least two (2) members of the Board or at the request of
the City Council.
SECTION 2: Ihe order of business for each meeting shall be as contained in an agenda
prepared by the Parks and Leisure Sen'ices Director or designated representative and the Board
Chairperson. Any board member or citizen of Coppell may submit items to the Chairperson or
Parks and Leisure Services Director to be considered for the agenda.
Amended Bylaws of Coppell Parks and Recreation Board - Page 1 5:15:2000
SECTION 3: All meetings require a quorum of members to be present.
SECTION 4: Five (5) members of the Board shall constitute a quorum for the purpose of
transaction of business, and no action of the Board shall be valid or binding unless adopted by an
affirmative vote of four (4) or more members of the Board unless authorized by the laws of the
State of Texas.
SECTION 5: All meetings of the Board shall be open to the public unless otherwise permitted
by law and shall be subject to the Open Meetings Act.
SECTION 6: The Board shall submit to the City Council a copy of the minutes of each regular
and special meeting with a list of any members absent from such meetings.
SECTION 7: If a Board member is absent for three (3) consecutive regularly scheduled
meetings, or 25% of the regularly scheduled meetings within a 12 month period, said member
shall be removed from the Board, and the City Council will fill the unexpired term.
ARTICLE V
POWERS AND DUTIES
SECTION 1: The Board shall have the following powers and perform the following duties:
A. Act in an advisory capacity only to the City Council in matters that pertain to the
planning and development of parks and recreational facilities and shall not have
any responsibility or authority over the public officials or employees of the City in
the implementation of policies or operations of the parks and recreation facilities
of the City
B. The Board shall receive suggestions and recommendations from citizens relating
to park and recreation facilities.
C. Solicit for City gifts, revenues, requests for endowments of money or property as
donations or grants from persons, subject to the approval and acceptance by the
City Council.
D. Study and make recommendations to the City Council for the improvement and
expansion of the parks and recreation facilities and programs of the City.
E. Cooperate with organizations, clubs and groups concerned with recreation in the
City.
.4anended Bylaws of Coppell Parks and Recreation Board - Page 2 5:~_~..'2000
F. Study and make recommendations to the City Council on long range capital
improvement programs for the parks and recreation facilities of the City.
G. Follow the rules and regulations prescribed by the City Council for the conduct of
its business.
H. Review and make recommendations to the City Council regarding the master plan
and guide for parks and recreation facilities.
I. Adopt rules and regulations for the governing of their actions, proceedings, and
deliberations and set the time and place of their meetings, subject to approval by
the City Council.
J. Maintain a close and coordinated working relationship with the Coppell Sports
Council, the Coppell Recreation Development Corporation and other groups who
are involved in the use or development of Parks and Leisure Sen'ices parks,
projects or programs since these organizations have areas of overlapping
responsibility.
K. Advise the Parks and Leisure Services Director on problems of development of
recreational area facilities, programs and improved recreational services.
L. Review the effectiveness of the parks and recreation program with the Parks and
Leisure Services Director.
ARTICLE VII
AMENDMENT
SECTION 1: These bylaws may be amended by majority vote of the members of the Board
subject to City Council approval.
Amended Bylaws of Coppell Parks and Recreation Board - Page 3 5:~.5:2000
0 ----~ '
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # ~.
ITEM CAPTION:
Consider approval of entering into a contract with Birkhoff, Hendricks & Conway for the design of the State
Highway 121 Water Line Project in an amount not to exceed $65,500; and authorizing the City Manager to
sign.
SUBMITTED BY: Kenneth M. Griff-m, P.E.
TITLE: Dir. of Engineering/Public Works
See attached memo.
BUDGET AMT. $ AMT. EST. $ +k-BID $
FINANCIAL COMMENTS:
Funds are available in the Water/Sever CIP accounts for this contract.
DIR. INITIALS: ~ FIN. REVIEW.~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: #engl
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: Januao, 22, 2002
RE: Consider approval of entering into a contract with Birkhoff, Hendricks &
Conway for the design of the State Highway 121 Water Line Project in an
amount not to exceed $65,500; and authorizing the City Manager to sign.
This design contract is for the design of the S.H. 121 water line, which starts at the intersection
of Coppell Road and S.H. 121 (near the Verizon complex), and goes north along S.H. 121 and
easterly along the bypass to the intersection of S.H. 121 with Denton Tap Road. This water line
was identified in the Water Distribution System Master Plan as a deficiency. Construction of the
water line will provide additional looping of the water system to the northwest portion of
Coppell. It will connect to a 12" waterline constructed with the Coppell Road project and a 12"
water line constructed northward from the intersection of S.H. 121 and Sandy Lake Road
approximately two years ago. Based on our current Water Distribution System Master Plan this
is the last line identified as a deficiency in the northern half of Coppell.
The design should take approximately sixty days if the design remains within the S.H. 121 right-
of-way. As noted in the cover letter from the consultant, there could be a conflict with existing
utiliDT poles owned by CoServe and a conflict with crossing Denton Creek. An actual conflict
with one or both of those obstacles will lengthen the design time for the project.
An additional benefit of the construction of this line will be an attempt to provide a second water
supply north of S.H. 121 Bypass into the Coppell Greens addition. Coppell Greens is currently
served by a single 12" waterline along Denton Tap Road. Any problems with that water line
could necessitate the entire Coppell Greens area being without water for a period of time.
Staff recommends approval of the contract with Birkhoff, Hendricks & Conway in an mount not
to exceed $65,500 and will be available to answer questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
7502 Greenville Ave., #220 Dallas, Texas 75231 Fax (214) 361-0204 Phone (214') 361-7900
JOHN W. BIRKHOFF. P.E.
RONALD V. CONWAY, P.E.
GARY C. HENDRICKS. P.E.
JOE R. CARTER, P.E.
PAUL A. CARI.INE. P.E. December 14, 2001
MA'F'F HICKEY. P.E
ROSS L. JACOBS. P.E.
[. C. FINKLEA. P.E.
Mr. Kenneth M. Griffin, P.E.
City of Coppell
Post Office Box 478
Coppell, Texas 75019
Attention: Ms. Suzan C. Taylor, C.I.P. Coordinator
Re: State Highway 121 Water Line
Revised Engineering Services Agreement
Dear Mr. Griffin:
We are pleased to submit this rex4sed proposal for furnishing engineering services required for the preparation
of plans, specifications, bidding documents and construction administration of the State Highway 121 Water
Line Project. Our scope of service has been modified in accordance with Ms. Suzan Taylor's review
comments dated December 5, 2001.
The project consists of approximately 8,800 linear feet of 12-inch waterline along the easterly right-of-way of
State Highway 121 and the southerly right-of-way of Spur 553, from N. Coppell Road to Denton Tap Road.
The enclosed project location map more specifically defines the project limits. We recommend the CiD'
budget a construction amount in the range of $657,000 for this project and are enclosing our itemized opinion
of construction cost for your review.
At your direction, we have made a preliminary investigation of a proposed water line route that is entirely
within the existing rights-of-way of State Highway 121 and Spur 553. As such, we do not expect to assist in
the preparation of easement documents. However, after a field inspection of the proposed route, we are
concerned this water line route may conflict with existing Co-serve Electric Utility poles in the right-of-way
near the intersection of the two highways. Further, the water line crossing of Denton Creek may require the
need for easements outside the state's right-of-way. Therefore, we are including a nominal amount for
boundary surveys, deed research, and preparation of plats and field note descriptions in our special services
phase of the agreement in the event these service are required.
Our engineering services for this project shall include the following:
1. BASIC SERVICES
A. Design Phase
Preparing construction plans, specifications and bidding documents for construction of the State
Highway 121 Water Line project. The design phase of this project shall include:
I 616~3 .~¢velcpinent' c~Fpe2 state h~gh'a,'a5 121 wa:er hne doc
Mr. Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
City of Coppell
Sate Highway 121 Water Line Engineering Fee Proposal
December 14, 2001
Page Number 2 of 2
· Construction Plan- Profile Sheets prepared at a scale of not less than 1"= 40'
· Standard Details
· Special Details
Cover Sheet, Location Map and Sheet Index
· Submittals to State Regulatory Agencies, as required
· Preparation of required Highway, Railroad and Utility Permits, as required
· Coordination with other Utility Companies
· Design Review Meetings
· Opinion of Probable Construction Estimate
· Preparation of Specifications and Contract Documents
· Assist in procuring Geotechnical Engineering information or reports as the project requirements
dictate
· After review and approval of conceptual plan, print preliminary plans and specifications for
review by the City. and the Utility Companies.
B. Bidding Phase
· Assist in Advertising for Bids
· Opening, Tabulation and Evaluating Bids received
· Reviewing the qualification of the low bidder(s) and preparing recommendations for award of a
Construction Contract
C. Construction Administration
· Assist in development of Quality Control and Materials Testing contract
· Consult with Owner as to actions based on Engineering matters
· Assist in execution of Contract Documents by preparing five (5) sets of conformed contract
specifications
· Assist in and attend a Pre-Construction Conference as Required
· Make periodic ~4sits to the job-site
· Preparing and issuing routine Field Changes with the Owners approval
· Preparing and issuing routine Change Orders with the Ox~qaers approval
· Review of Shop Drawings, Test Reports and other data
· Preparation of Monthly and Final Pay Requests
· Conduct a Final Inspection with the Owner
· Preparation and deliver3, of one set of record drawings on mylar sepias to the CiD'
Mr. Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
City of Coppell
Sate Highway 121 Water Line Engineering Fee Proposal
December 14, 2001
Page Number 3 of 3
II. SPECIAL SERVICES
· Design Surveys
Construction Surveys
· Property Surveys, if required
· Deed Research, if required
· Preparation of Easement Documents, if required
· Printing of final plans and specifications for distribution to prospective bidders and the successful
contractor. Plans are to be distributed from the offices ofBirkhoff, Hendricks & Conway, L.L.P.
For the above-described seiMces, we propose to be compensated on the following basis:
I. BASIC SERVICES
Compensation for basic services shall be on a lump sum basis of $50,800 in accordance with the schedule
below:
A. Design Phase ........................................................................................................ S40,650
B. Bidding Phase .......................................................................................................... $2,550
C. Construction Phase ................................................................................................. $7,600
II. SPECIAL SERVICES
Compensation for Special Services shall be based on our actual salaD' cost times 2.35, with expenses
invoiced at actual cost times 1.15.
We suggest you budget approximately S14,700 in the following amounts for the Special Services:
A. Design Surveys ....................................................................................................... $4,600
B. Construction Surveys ............................................................................................. Sl,200
C. Boundary Surveys (if required) ................................................................................ S1,200
D. Preparation of Easement Documents (if required) .................................................. $5,900
E. Printing of Final Plans and Specifications ............................................................. S1,800
In addition to the engineering ser~4ce contract, we suggest you budget $2,500 for a geotechnical evaluation
during the design phase of the project and approximately 0.75% to 1.00% of the total construction cost, or
approximately $4,900 to $6,500 for quality control and materials testing serx. Sces during the construction of
the project. We expect these geotechnical and testing services, if required, will be provided by a qualified
testing lab and outside the scope of our contact.
Mr. Kenneth M. Griffin, P.E.
Director of Engineering & Public Works
City of Coppell
Sate Highway 121 Water Line Engineering Fee Proposal
December 14, 2001
Page Number 4 of 4
If you are in agreement with this proposal, please have one copy executed on behalf of the City of Coppell and
returned to our office, or if you prefer we will be pleased to assist in the preparation of the standard
engineering agreement on the City's contract form. We stand ready to begin work immediately on this project
upon your authorization to proceed and look forward to our continued working relationship with you, your
staff and the CiD' of Coppell. We are available at your convenience to discuss this p/y~sal further.
Sincer , your ,
APPROVED FOR THE CITY OF COPPELL:
By:
Date:
BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No.
CONSULTING ENGINEERS
Client: CITY OF COPPELL, TEXAS Date: 12..'14.-'01
Project: State Highway 121 Water Line
12-inch Water Line from North Coppel Road to Denton Tap Road By: '3.C.H.ii A.C.J.
ENGINEER'S OPINION OF CONSTRUCTION COST
ltem No. I Description I Quantity I Unit I Price I Amount I
For Furnishing and Installing 12-1nch PVC Waterline with
I Embedment 8.336 L.F. $ 38.00 $ 316,.-.'68.00
2 Denton Creek Crossing (Approximately 200 L.F.) ! L.S. $ 60,000.00 $ 60,000.00
For Furnish & Install 12" PVC Waterline in 18" Dia., 3.,"16" Thick
3 Encasement Pipe by Other than Open Cut 455 L.F. $ 220.00 $ 100. 100.00
4 For Furnishing and Installing 12~Inch Gate Valve 7 Ea. $ 1,500.00 S 10.420.00
5 For Furnishing and Installing 6-Inch Gate Valve ] 4 Ea. $ 600.00 S 8,336.00
6 For Furnishing and Installing Standard Fire Hydrant 14 Ea. S 2,600.00 S 36,122.67
For Furnishing and Installing 6-1nch PVC Waterline with
7 Embedment 160 L.F. S 30.00 S 4,793.20
8 For Furnishing and Installing 2-Inch Air and Vacuum Release Valve 2 Ea. S 2,500.00 $ 5,000.00
9 For Furnishing and Installing 6-Inch Blow-OffValve and Assembly 2 Ea. S 2,500.00 $ 5,000.00
10 For Connecting to Existing 12-Inch Waterline 3 Ea. S 2,500.00 S 7,500.00
I 1 For Furnishing and Installing Ductile Iron Fittings 3,000 Lbs. S 1.50 S 4,500.00
12 For Removing and Replacing Existing Asphalt Pavement 40 S.Y. S 45.00 S 1,800.00
/3 For Removing and Replacing Existing Concrete Pavement 50 S.Y. S 65.00 $ 3,250.00
14 For Extra Concrete for Encasement 40 C.¥. S 120.00 S 4,800.00
15 For Extra Crushed Stone for Embedment 60 C.Y. S 60.00 $ 3.600.00
For Furnishing, Installing, Maintaining and Removal of Erosion
16 Control Devices 1 L.S. $ 5,000.00 S 5,000.00
17 For Furnishing, Installing and Maintaining Traffic Control Devices 1 L.S. $ 8,000.00 S 8,000.00
18 For Designing and Installing Trench Safety Systems 8,400 L.F. $ 1.50 S 12,600.00
Subtotal: S 597,589.87
Contingencies and Miscellaneous Items 10% $ 59.758.99
Total: S 657,348.85
USE: $ 657,400.00
_l Cel:[~cli'.Og16:-~l.,ecs-tecl:.-.Eng_Estima~e Page 1 of l
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COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # ~
ITEM CAPTION:
Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of
Ordinances for the City of Coppell to prohibit parking, stopping or standing on school days between 7:00
a.m. and 9:00 a.m. and between 2:30 p.m. and 4:30 p.m. on both sides of Oak Trail, Shadydale Lane, Shady
Oak Lane, and Willow Lane in their entirety; and authorizing the Mayor to sign.
SUBMITTED BY: Teresa Turner, E.I.T
TITLE: Graduate Engineer
The requested amendment of Section 8-3-1 of the Code of Ordinances was prompted by concerns from the
Coppell Police Department and residents of the Shadydale Acres Subdivision. The subdivision is adjacent to
the high school and parents have been witnessed using this area as a drop-off and pick-up location for their
children. All four streets in the subdivision are unimproved asphalt and only 17 feet wide. Because of this,
consideration must be given to traffic safety and the maintenance of the ditch line.
Letters were sent to the residents in Shadydale Acres of our intent to restrict parking in their subdivision (copy
of letter attached). We received four verbal responses, all positive, from the thirty-nine letters sent out. Staff
does not anticipate any negative impact to the neighborhood and will be available to answer questions at the
Council meeting.
BUDGET AMT. $ AMT. EST $ +X-BID $
FINANCIAL COMMENTS: 9\1'
DIR. INITIALS: ~t-/ FIN. REVIEW. CITY MANAGER REVIEW:~ _~.
Agenda Request Form - Revised 5,'00 Document Name: #eng2 ~
December 18, 2001
RE: Restricted Parking in the Shadydale Acres Subdivision
Dear Shadydale Acres Res[dent:
Prompted by citizen and Coppell Police Department concerns, the City is proposing to restrict
parking on both sides of all streets in the Shadydale Acres Subdivision during before and after
school times. It was brought to our attention that the streets are being utilized as drop-ofi3"pick-
up locations for students attending the high school. Because of the narrow width of the streets
(17 feet), safety is a concern.
The streets being considered are Shadydale Lane, Oak Trail, Willow Lane, and Shady Oaks. The
parking restrictions would be in effect on school days only during the times of' 7:00 to 9:00 a.m.
and 2:30 to 4:30 p.m. Si~ns would be posted to read, "No Parking, Stopping, or Standing" with
informational plates indicating the above effective times.
Prior to posting the sips, we must receive approval from the City. Council. The agenda item,
first scheduled to be presented during the .fanuary 8, 2002 meeting has been placed instead on the
Janua~.' 22, 2002 agenda. City Council meetings begin at 7:00 p.m. in the Town Center Council
Chambers if'you are interested in attending.
Our intent is to increase safety for the neighborhood with minimum inconvenience. Please
consider this proposal and, if you have any questions or concerns, please contact the Engineering
Department at 972-304-3681.
Sincerely,
Teresa Turner, E.I.T.
Engineering Department
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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8-
3-1(A) OF THE CODE OF ORDINANCES TO PROVIDE FOR NO
PARKING ZONES AT DESIGNATED TIMES ON OAK TRAIL,
SHADYDALE LANE, SHADY OAK LANE AND WILLOW LANE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS (S200.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and thc
same is hereby, amended to provide for no parking zones at designated times on Oak Trail,
Shadydale Lane, Shady Oak Lane, and Willow' Lane, to read as follows:
"Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A. NO PARKING ON SPECIFIC STREETS
It shall be unlav~ul for an>, person to stop, stand or park a vehicle at
any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or
parking of a vehicle at the times designated for the follov~4ng streets:
OAK TRAIL on both sides, in its entirety, on school days only from
7:00 a.m. to 9:00 a.m. and from 2:30 p.m. to 4:30 p.m.
SHADYDALE LANE on both sides, in its entirety, on school days
only from 7:00 a.m. to 9:00 a.m. and from 2:30 p.m. to 4:30 p.m.
44644
1
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and eve~ da)' such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
,2002.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
(REH/cdb 01/10/02)
44644
3
SI-lADY OAK LANE on both sides, in its entirety, on school days
only from 7:00 a.m. and 9:00 a.m. and from 2:30 p.m. and 4:30 p.m.
WILLOW LANE on both sides, in its entirety, on school days only
from 7:00 a.m. and 9:00 a.m. and from 2:30 p.m. and 4:30 p.m.
SECTION 2. The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
SECTION 3. That all provisions of the Code of Ordinances of the CiD' of Coppell, Iexas,
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. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law' is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any' of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilb: of a
misdemeanor and upon conviction in the Municipal Court of the City, of Coppell, Texas, shall be
44644
2
I
T H £ C I 'T Y 0 F
COPPELL AGENDA REQUEST FORJVI
;,~: ~" ". -.~ ~ t..iix COUNCIL MEETING: January 22, 2002 ITEM
ITEM CAPTION: Consider approval of an amended contract for the collection of delinquent taxes between
Nichols, Jackson, Dillard, Hager & Smith, LLP and Linebarger, Goggan, Blair, Pena & Sampson, LLP and
authorizing the City Manager to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: On December 17, 2001, the Coppell Independent School District authorized the
selection of Linebarger, Goggan, Blair, Pena & Sampson, LLP for the collection of the District's delinquent
property taxes. Therefore, the city of Coppell's existing delinquent collection contract with Linebarger,
Goggan, Blair, Pena & Sampson, LLP needs to be amended to include the Coppell Independent School
District.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS: No Financial Impact: The fees paid on delinquent collections are paid by the
individual taxpayer. ,~~~ ~
INITIALS:(~ FIN. REVIEWia~ CITY MANAGER REVIE%~
DIR.
Agenda Request Form - Revised 5..."00 Document Name: $cdtaxes.doc
CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES
THE STATE OF TEXAS )(
)(
COUNTY OF DALLAS )(
THIS CONTRACT is made and entered into by and between the CITY OF COPPELL,
Texas on its own behalf and on behalf of COPPELL INDEPENDENT SCHOOL DISTRICT,
acting herein by and through its governing body (hereinafter called "COPPELL") and
LINEBARGER GOGGAN BLAIR PElqA & SAMPSON, LLP (formerly known as
LINEBARGER HEARD GOGGAN BLAIR GRAHAM PE~A & SAMPSON, LLP), Attomevs
at Law in association with NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.,
Attorneys & Counselors at Law (hereinafter call "FIRM").
COPPELL agrees to employ and does hereby employ FIRM to enforce by suit or
otherwise the collection of all delinquent taxes, penalty and interest owing to COPPELL,
provided current year taxes falling delinquent within the period of this contract shall become
subject to its terms on the first day of July of the year in which the same shall become
delinquent. Lawsuits and bankruptcy cases filed before the first day of Julv shall include current
year taxes. Such taxes are also subject to the terms of this contract.
II.
FIRM is to call to the attention of the collector or other officials any errors, double
assessments, or other discrepancies coming under their observation during the progress of the
CONTRACT FOR COLLECTION OF DELINQ['ENT TAXES; Page I of 4
('.'M? Documcnts".WPDATA".City of Coppell & CISD Del Contract.doc
work, and is to intervene on behalf of COPPELL in all suits for taxes hereafter filed by any
taxing unit on property located within its geographical limits.
III.
COPPELL agrees to furnish delinquent tax statements to the FIRM on all property within
the taxing jurisdiction. FIRM will furnish forms for said statements on request and will assume
responsibility for having penalty and interest computed on statements before such statements are
mailed to property owners.
IV.
FIRM agrees to file suit on and reduce to judgment and sale any property located within
COPPELL against which a tax lien would prevail provided COPPELL will furnish the necessary
data and information as to the name, identity, and location of the necessary parties, and legal
description of the property to be sold. The FIRtM agrees to sue for recovery' of the costs and
court costs as provided by Tex. Prop. Tax Code Sec. 33.48 (Vernon 1979).
Vw
FIRM agrees to make progress reports to COPPELL on request, and to advise COPPELL
of all cases where investigation reveals taxpayers to be financially unable to pa)' their delinquent
taxes.
VI.
COPPELL agrees to pay to FIRM as compensation for services required hereunder fifteen
percent (15%) of the amount collected of all delinquent taxes, penalty and interest of the years
covered by this contract, actually collected and paid to the collector of taxes during the term of
CONTRACT FOR COLI..ECTION OF DELINQUENT TAXES: Page 2 of 4
C My Docum. cnts'-.WPDATA'..C~ty ofCoppell & CISD Del Contract.doc
this contract as and when collected. All compensation above provided for shall become the
property of the FIRM at the time payment of taxes, penalty and interest is made to the collector.
The collector shall pay over said funds monthly by check. COPPELL may at its sole discretion
turn over to the FIRM selected accounts for collection prior to July 1. COPPELL agrees to pay
the FIRM as compensation for collection activities on these accounts, including tax seizures
pursuant to which the compensation is a cost of seizure, an amount equal to fifteen percent (15%)
of the taxes actually collected. The FIRM shall be paid a fee of fifteen percent (15%) of the
taxes actually collected from accounts in bankruptcy, eminent domain proceedings or other
federal receivership. In no event will the FIRM be entitled to receive as compensation from
COPPELL on the accounts more than fifteen percent (15%) of the total taxes, penalties and
interest actually collected.
VII.
This contract shall commence on and shall continue until terminated by either
party. On termination of this contract, FIRM shall have an additional six (6) months after
termination to reduce to judgment all suits filed prior to the date last mentioned, and provided
further that FIRM shall handle to conclusion all suits in which trial court judgments are obtained
during the period of this contract and which are appealed by any party. In consideration of the
terms and compensation herein stated, FIRM hereby accepts said employment and undertakes the
performance of this contract as above written. Either party to this agreement shall have the right
to and may terminate this agreement, giving at least thirty (30) days written notice of such
intention. In case of termination, FIRM shall be entitled to receive and retain all compensation
due up to the date of said termination.
VIII.
The contract shall be construed in accordance with the laws of the state of Texas; and
venue for any action shall be Dallas County, Texas.
('ONTRACT FOR COLLECTION OF DELINQUENT T.4.NES; Page 3 of 4
C MS- Documents-.WPDATA .C~ty ofCoppcll & CISD Del Contract.doc
WITNESS the signatures of all parties hereto in triplicate originals this, thc
day of , AD 2001, DALLAS COUNTY, TEXAS.
P ,inebarger Goggan Blair Pefia & Sampson, LLP
ckson, Dillard, Hager & Smith, L.L.P
By:
TITLE:
DATED:
ATTEST:
CITY SECRETARY
CONTRACT FOR COLI.ECTION OF DELINQUENT TAXES; Page 4 of 4
C:'My Documents'.WPDATA',City of Coppell & CISD Del Contract.doc
T H--E C I T Y '0- F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # ~ ~
ITEM CAPTION: Consider approval of awarding bid Q-1201-1 for Temporary Staff Services to: EuroStaff
(Receptionist, General Clerk I & II, Secretary, Accounting Clerk, and Sr. Accounting Clerk); DLS Associates
Action Now! Staffing, (Library Aide, Data Entry Clerk, Senior Data Entry Clerk, and Senior Accounting
Clerk); Labor Works of Dallas, (Meter Reader); Pacesetter Personnel Service (Light Industrial, Maintenance
Worker).
STAFF COMMENTS: According to the City's Purchasing Departmem, the City of Coppell is required to
bid its temporary services. We are requesting that bids be awarded to the above respective agencies according
to the attached tabulation.
SUBMITTED BY: Vivyon V. Bowman
TITLE: Director of Administration/Human Resources
BUDGET AMT. $ AMT. EST. $ +¥BID $
FINANCIAL COMMENTS~
Temporary Services are used when a vacancy occurs in a department. Funds ar4~'
budgeted in the various departnents salary line item in which the vacancy
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: ~/~/
Agenda Request Form - Revised 5.." 00 Document Name: %Tempbid.02
COFFELL AGENDA REQUEST FORM
~ ~ . , CITY COUNCIL MEETING: January 22, 2002 ITEM # ~/~
ITEM CAPTION:
Consider approval of a resolution authorizing the filing of a project application with the North Central Texas
Council of Governments for a regional solid waste program local project, and authorizing the Mayor to sign.
SUBMITTED BY: Amanda Vanhoozier
TITLE: Community Programs Coordinator
STAFF COMMENTS:
See attached Resolution and memo.
BUDGET AMT. $ AMT. EST. $ +'x-BID $
FINANCIAL COMMENTS:tJ \~ f
DIR. INITIALS: ~x~ FIN. REVIEW:(~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: ~'cogproj
T H E C I T Y 0 F
COPPELL
Parks and Leisure Services Department
Memorandum
To: Mayor and City Council
/
From: Amanda Vanhoozier, Community Programs Coordinator~'~k'/
Date: January 14, 2002
06;: Jim Witt, City Manager
RE: Project Application Resolution
Background:
North Central Texas Council of Governments is seeking applications for local government solid
waste management project funding. The goal of this reimbursement program is to return to
local government entities dedicated solid waste fees for the achievement of state, regional and
local solid waste management objectives. This is the type of funds that were received FY2001 for
the Community Organics Recycling Education (CORE) project that was successfully completed
August 31, 2001.
The Proposed Project Application will be submitted for funding of an enhancement of the CORE
project, called CORE-OPERATION. The $24,430 project will utilize consultants and educational
materials to provide three teacher inservices, four public short courses, three compost carnivals,
multiple Homeowners Association compost training, two youth compost camps, one commercial
landscape maintenance class and multiple school compost tours and projects. Upgrades,
according to the ADA Standards for Accessible Design, will improve the surface and seating at the
existing composting training site, Coppell Community Garden. In addition, educational pages will
be developed for the NCTCOG's TimetoRecycle.com composting webpage. The Parks and
Leisure Services Community Programs Coordinator will manage the project contract.
Applications will be judged by the NCTCOG Resource Conservation Council and will be awarded
by March 15, 2002 with the project completion date August 31,2003.
Action Requested:
Approval and authorization of the mayor to sign the attached resolution.
Staff Recommendations:
Staff recommends approval of filing the application for reimbursement funding for the proposed
project, CORE-OPERATION. This grant funding would be for additional programs that will benefit
the citizens and the schools. The city of Coppell meets all the requirements as an applicant and
has support from CISD and C-FBISD for the teacher inservices and school programs.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
RESOLUTION OF CITY OF COPPELL AUTHORIZING THE
FILING OF A PROJECT APPLICATION V~'ITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENT (NCTCOG)
FOR A REGIONAL SOLID WASTE PROGRAM LOCAL
PROJECT; AUTHORIZING CITY MANAGER OR HIS
DESIGNEE TO ACT ON BEHALF OF THE CITY OF COPPELL
IN ALL MATTERS RELATED TO THE APPLICATION; AND
PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF
COPPELL WILL COMPLY %~ITH THE PROJECT
REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION AND THE STATE
OF TEXAS; PROVIDING A SEVERABILITY CLAUSE; .~J~ID
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the North Central Texas Council of Governments is directed by the Texas
Natural Resource Conservation Commission to administer solid waste project funds for
implementation the COG's adopted regional solid waste management plan; and
WHEREAS, the city of Coppell in the State of Texas is qualified to apply for project funds
under the Request for Projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL, OF THE CITY
OF COPPELL, TE3Ls, S:
SECTION 1. That the City Manager or his designee is authorized to request project
fi~nding under the North Central Texas Council of Governments' Request for Projects o£ the
Regional Solid Waste Local Project Funding Pro,am and act on behalf of the city of Coppell in
all matters related to the project application and any subsequent project contract and project
requirements that may result.
SECTION 2. In the event the project is funded and such funds are received, the city of
Coppell will comply with the project requirements of the North Central Texas Council of
Governments, Texas Natural Resource Conservation Commission and the State of Texas.
Page 1
SECTION 3. Any and all funds, equipment and/or facilities acquired with such funds
shall be used only for the purposes for which they are intended under the project.
SECTION 4. That all activities will comply with and support the adopted regional and
local solid waste management plans adopted for the geographical area in which the activities are
performed.
SECTION 5. That should any word, phrase, para~aph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution
as a whole, or any part or provision thereof other than the part so decided to be unconstitutional,
illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 6. That this Resolution shall take effect immediately fi.om and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
,2002.
.APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
(REH.'cdb l.q 1,'02)
Page 2
45271 (Revised)
CO?FELL AGENDA REQUEST FORM
~ ~~. ., ~ . '~7, ~ ~ CITY COUNCIL MEETING: January 22,200~_ ITEM ~ ~
ITEM CAPTION:
Consider approval of a Resolution of the Cits' of Coppell, Texas, waiving its right to apply for funding
under the Juvenile Accountability Incentive Block Grant funds offered by the Criminal Justice Division of the
Governor's Office and requesting that its award be awarded to Dallas Count3.: and authorizing the Mayor to
sign.
SUBMITTED BY: Roy L. Osborne
TITLE- Chief of Police
STAFF COMMENTS:
The State of Texas Office of the Governor is making available funding from the Juvenile
Accountability Incentive Block Grant (JAIBG) to State and local governments to develop programs that
promote greater accountability in the juvenile justice system. The Coppell Police Department is requesting
the approval of a resolution to waive their right to the JAIBG ($5,815.00) and request that it be awarded to
Dallas CountT. In so doing, the City of Coppell is required to fund a ten percent local cash match ($646.00)
to Dallas County for the collaborative effort.
Approximately ninety percent of local law enforcement agencies waive their funding from the JAIBG
and agree to match the required ten percent cash match to Dallas County. Law enforcement agencies then
agree to participate in the Juvenile Crime Enforcement Coalition created by Dallas Count' for a county wide
juvenile information system and appoint representatives to serve on that coalition.
BUDGET AMT. $ AMT. EST. $ +'x-BID $
FINANCIAL COMMENTS: I°\}~
DIR. iNITIALS'" FIN. REVIEW.~ CITY MANAGER REVIEW:
.-~g~-nca Reqacsr F Document Name: )jaibg.doc
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, WAIVING ITS RIGHT TO APPLY
FOR FUNDING UNDER THE JUVENILE ACCOUNTABILITY BLOCK GRANT AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, funding from the Juvenile Accountability Incentive Block Grant (JAIBG) is made
available annually to State and local governments to develop programs that promote greater
accountability in the juvenile justice system; and
WHEREAS, the Office of the Governor, Criminal Justice Division (CJD) administers the
JAIBG for the State of Texas and has notified the City of Coppell of an award of $5,815.00 from the FY
2001 JAIBG allocation, which is the fourth year of funding; and
WHEREAS, the award of JAIBG funds requires a ten percent local cash match, which will total
$646.00 for the City of Coppell; and
WHEREAS, a qualifying unit of local government may waive its fight to its award and request
those funds be awarded to and expended for it's benefit by a larger or contiguous unit of local
government; and
WHEREAS, jurisdictions within Dallas County have in the first three years of JAIBG funding
collaborated in using JAIBG funds to develop and implement an integrated data processing system
linking law enforcement, prosecutors, probation officials, schools and social service providers; and
WHEREAS, the Dallas County Juvenile Information System (JIS) is currently in operation and
is proving to be an effective information-sharing system; and
WHEREAS, funding from the fourth year of the JAIBG will be used to continue development of
the JIS; and
WHEREAS, Dallas Count5' shall continue to serve as lead agency for the project and will
submit a consolidated application for JAIBG funding to CJD; and
WHEREAS, the City of Coppell desires to waive its right to apply for a grant for IAIBG awmd
and requests its grant be awarded to Dallas County to be expended for it's benefit by participating in the
collaborative effort and the City of Coppell authorizes Dallas County to submit a consolidated application
for JAIBG funding to CJD for the purposes of developing and implementing an integrated data processing
system; and
WHEREAS, the City of Coppell agrees to provide the required ten percent cash match, totaling
$646.00, to Dallas County for the collaborative effort; and
WHEREAS, the City of Coppell agrees to participate in the Juvenile Crime Enforcement
Coalition created by Dallas County by appointing one or more representatives to serve on that coalition.
IT IS THEREFORE RESOLVED that the City of Coppell hereby waives its right to apply for
funding under the Juvenile Accountability Incentive Block Grant and requests that its award be awarded
to Dallas Count),, who will submit a consolidated application to the State of Texas, Office of the
('ira ernor. Criminal Just:ce Division. ibr funding under the Juvenile Accountability Incentive Block Grant
program for the purposes of developing and operating an integrated data processing system for iuvenile
o:'!'cnder cases in [)allas County and the City of Coppell agrees to provide .:he required ten percent cash
n:3:ch of S646.00 to Dallas County for the project. The City of Coppell further agrees to participate in the
Juxendc ('nme Enforcement Coahtion created by Dallas County by appointing Gary M. Nix or his. her
designee to serve on that coalition.
DULY PASSEl) by the C~tv Council of the City of Coppell. Iexas on the ..................... day of
Ja~.uar\ 2( (.)2
Candy Sheehan. *.'lavor
_,\'l"l'E ST:
Libby Ball, City Secretatx-'
12/11/2881 18:83 C:TY CF COPPELL -> 3535 .".,C.272 Q02
STAT[ OF T~:XA$
Ol~l~ICl[ OF TIt£ GO¥£Ri';OR CITy MANAG~-R
CITY OF COPPELL
BaCXF~¥ CRIMINAl JL's'rlc£ DIVISION ·
ao~.t~oa November 29. 2001
C~.ely Sheeha~
P.O. Box 478
Coppell, Tx 75019-0478
- '.~_~
Dear .~thorized Of'fi¢ial: ',
Enclosed is notificallon for the application kit for the fscal year 2001 Juvenite A¢cauntabili~, Incentive Bilk Grant
~r~ram. Over 200 ~ocat un~ of .qovamrnent are eligible to apply for these funds. To I®arn mom about .IAIl!~ Orograms
you can §O to ~e web ~ite. www.ojidp, ncjrs/iaiab. Our of Cce has been provided with the allocations n~ca.nsary to
disperse these funds to your area. COI~P£LL CITY Is e!igible for $5,815 with a ten percent (10%) rnatcb~ of $646 making
the total project budget $6,461.
T~e deadline fur an application submission sent directly to the Criminal Justice Division is due on ar before
Janua/3r 3f, ~002. Please send o~e odginal application and one copy. We would lire to emphasize th. at this is not a
competitive application proc?ss however, you do nee~l to apply. The funds have been (~esignated co your jurisdiction to aid
in the reduction of juvenile cdrne. You will find the application kit and a list of allocations on the main Governor's Office
web site: http:llwww.Qovernor, s_tate.~x us. Then click on The Office and t..hen the Criminal Justice Division.
Review the guidelines and then reco.'wene your Juvemle Crime Enforcement Coalition (JCEC) to approve a pla, n for the
FY 2001 funds. If your ~urisdiction is not a/~le tO u~lllze tl~e funds you have two options:
1. You may return the funds to the State by signing t,~e enclosed top portion of the Waiver ~, Al:!.pl[ca;!on
form (also found on page 38 in the application k~t) and by passing a resoi~-tion waiving the funds back to
the Governor's Crimi~'al Justice Division. '
2. Or you may designate a neighboring jurisdiction by sigmng the bottom porb'on of the Wa:veT Of
Application form and 3y passing a resolubon allocating your rnoxley to that jurisdiction. The resolution _ _
should be given to the recipient of the funds for Inclusion in theii application.
Submit your application as soon as pcssible in order to receive lhe awarded grant, If you i~,tend to return the funds to the
State, submit the Waiver form and resolution by mail immedlatelyto: PO Box 1242~ Austin, Texas 7'8711 or ~x'to 5'~2-
475-2440, attention Louri O'Leary. :
We plan to use waived ~unds to support regional projects for jurlsdict:cns t~at were not eligible under this orogram. If ycu
have any questions conlact Loud O'Leary at 5',21463-6472
Sincerely,
Glenn BrooKs
D~rector of Justice Programs
En¢osure: Waiver of Application
MEMORANDUM
Date: January 9, 2002
To: Roy L. Osborne
Chief of Police
From: G.M. Nix opM?
Captain of Police
Subject: Juvenile Accountability Incentive Block Grant
As we discussed, I have investigated the possibility of waiving the Juvenile Accountability Incentive
Block Grant funds the City of Coppell is eligible to receive. We had discussed allowing the funds
to be combined with the grants fi.om other cities in Dallas County to develop a county wide Juvenile
Information System. I have contacted the Criminal Justice Division of the Governor's office and
was informed that if we wished to waive the grant and make it part of the combined funds far the
Juvenile Information System we do not need to apply for the grant. We simply complete the waiver
and present the resolution for City Council approval authorizing the action. The waiver and
resolution are then provided to the Governor's Office and Dallas County Juvenile Department.
I also contacted County Commissioner Cantrell's office on 12/20/01 and was informed that Dallas
Police Department, the largest contributor to the project would be participating again, and the
Commissioner's office and the Dallas County Juvenile Department would be sending a letter to other
cities to participate.
I recommend that we proceed with waiving the grant and letting the Juvenile Information System
use the funds, including the matching funds. The project will be very useful to the Department when
it is running here. I have attached a copy of the resolution, the letter from the Office of the
Governor, Criminal Justice Division, notifying us of the grant, and two letters from Dallas County
Commissioner Mike Cantrell that provide some details about the project.
attachment: 4
MIKE CANTRELL
Dallas County Commissioner District 2
January 7, 2002
TO: Dallas County Juvenile Enforcement Crime Coalition Members
FROM: Commissioner Mike Cantrell, District 2
SUBJECT: Year 4 of the Juvenile Accountability Incentive Block Grant (JAIBG)
Dallas County and those police departments who are eligible for funding from the State of Texas,
Office of the Governor, Criminal Justice Division (CJD) have been notified that a fourth year of
funding is available for the JAIBG project. Dallas County will once again serve as the administrative
entity for the Dallas County JAIBG Collaboration and will submit the application on behalf of all of
the jurisdictions that will continue to participate. We will utilize the JAIBG funding to continue the
development of the Dallas County Juvenile Information System (JIS) which covers the period of July 1.
2002 to June 30, 2003.
We are very proud of the progress we have made with the JIS in the past year. There are currently 32
certified agencies in the production system. We added 97 new users in November, for a total of 588
trained users. We are very excited to announce that the Dallas Police Department came on-line
December 6, 2001. The JIS is now DPD's primary system for processing juvenile offenders.
The Juvenile Crime Enforcement Coali.tion Executive Committee met on December 19, 2001 and
discussed the following priorities for the fourth year's funding:
· Addition of Truancy and Justice of the Peace courts along with other agencies
· Electronic filing of cases with the District Attorney
· Ongoing system updates to remain current with changes in legislation
· Reformatting of the Juvenile Profile and system navigation
· Data Warehousing and Data Mining for expanding reporting capabilities
· Technology, Hardware and Software updates
We will continue to analyze and refine these priorities in the next few months.
Once again, it is time for the JCEC to convene and a meeting is scheduled for Wednesday, January 16,
2002, at the Henry Wade Juvenile Justice Center, 1s~ Floor, 2600 Lone Star Drive, Dallas. I hope to
see you there so that you can see a full presentation of the project and the progress we are making.
Please contact me at 972-240-1740 if you have any questions.
Mike Cantrell
MC/re
Road and Bridge Office: 715 Rowlett Road, Garland, Texas 75043 (972) 240-1740
Administration Office: 411 Elm Street, Suite 250, Dallas, Texas 75202 Fax # (972) 240-1749
MIKE CANTRELL
Dallas County Commissioner District 2
January 7, 2002
TO: Dallas County Juvenile Accountability Incentive Block Grant (JAIBG)
Participants
FROM: Commisisoner Mike Cantrell, District 2
SUBJECT: Application for Year 4 Funding from the Juvenile Accountability Incentive
Block Grant Fund
Dallas County has received notification from the State of Texas, Office of the Governor,
Criminal Justice Division (CJD) that fourth year funding is available for the JAIBG program.
I am sure that many of you have received your notification letter as well. If you have not
received your letter, information about the JAIBG application process and the year four
funding allocations is available on CJD's website, www.eovernor.state.tx.us. [then click on
The Office, and then the Criminal Jtistice Division].
The Dallas County Juvenile Department will once again serve as the administrative entity for
the Dallas County JAIBG Collaboration, and will submit the application on behalf of all of the
jurisdictions that will continue to participate. We will utilize the JAIBG funding to continue
the development of the Dallas County Juvenile Information System (JIS). Year 4 funding will
cover the period of July 1, 2002 to June 30, 2003. The deadline for application submission is
on or before January 31, 2002. JAIBG funding is not awarded based upon a competitive
application process, but allocated based upon population and crime statistics. However, we
must submit an application in order to receive the funds:-
Each participating jurisdiction will remain responsible for their individual cash match. CJI)
requires that each jurisdiction participating in Year 4 of the JAIBG provide a formal
waiver and resolution authorizing Dallas County to apply for funding on their behalf, i
realize that the time line is very tight and you may not be able to get this issue before your
governing body prior to the deadlines. CJD will allow us to submit an application with some
of the waivers and resolutions pending. If your council will not meet again until after the
application due date, please submit, a let~e.r of intent stating that you wish to participate in the
collaboration for Year 4 and indicating the date that the resolution will be approved by your
local council.. I have included a copy of the actual waiver form that should be completed and
Road and Bridge Office: 715 Rowlett Road, Garland, Texas 75043 (972) 240-1740
Administration Office: 411 Elm Street, Suite 250, Dallas, Texas 75202 Fax # (972) 240-1749
Page 2
January 7, 2002
returned, and a sample resolution containing appropriate language. In order to meet the
January 31, 2002 application deadline, you will need to fax a copy of the waiver and
resolution or a letter of intent to Ron Stretcher at (214) 698 - 4247, no later than Januaryy 25.
2002.
We are very proud of the progress we have made with the JIS in the past year. There are
currently 32 certified agencies in the production system. We added 97 new users in
November, for a total of 588 trained users. We are very excited to announce that the Dallas
Police Department came on-line December 6, 2001. The JIS is now DPD's primary system
for processing juvenile offenders.
The Juvenile Crime Enforcement Coalition Executive Committee met on December 19, 2001
and discussed the following priorities for the fourth year's funding.
· Addition of truancy and justice of the peace courts along with other agencies
· Electronic filing of cases with the District Attorney
· Ongoing system updates to remain current with changes in legislation
· Reformatting of the Juvenile Profile and system navigation
· Data Warehousing and Data Mining for expanding reporting capabilities
· Technology, Hardware and Software updates
We will be analyzing and refining these priorities in the next few months to develop a detailed
work plan for Year 4 of this project. We welcome your input on additions and/or
enhancements to the system that will make the JIS more effective for you.
I hope that you have benefitted from the Juvenile Information System thus far. The primary
reason for our success to date has been the cooperation of all of the members of the Dallas
County JAIBG Collaboration. Your continued participation will allow the Dallas County
Juvenile Information System to become one of the premier information systems in the nation.
Please contact me at (972) 240-1740 or Ron Stretcher at (972) 698 - 2231 if you have any
questions about the Year 4 application process or the JIS project.
Mike Cantrell
Juvenile Accountability Incentive Block Grant Fund
JAIBG
APPLICATION WAIVER
463-6472. A r~-oluH ~ is requ/z~ to be _~,~ tied with ehl. ~vex.
~a~ cf city ccuZy cr N~H~ A~, lc~ triksl ~)
City of Coppell
bit ~n ,l d ~]_~k~ to dss~ Dallas County
~~of City of ~ppell
~i~ ~ ~ ~ ~~ti~ ~ ~ ~ ~ ~i~' s
28
AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # ~
ITEM CAPTION:
Consider approval of a license agreement with Sprint PCS, Inc. to permit the use of a light pole at Andrew
Brown Park Central for an antenna and equipment cabinet, and authorizing the City Manager to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +k-BID $
FINANCIAL COMMENTS.~,
DIR. INITIALS: FIN. REVIEW: ~ CITY MANAGER REVIE 'W~/
Agenda Request Form - Revised 5/00 Document Name: !sprint. doc
STATE OF TEXAS §
§ KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
LICENSE FOR COMMUNICATIONS FACILITIES
This non-exclusive, except as otherwise provided herein, and non-revocable License for
Communications Facilities ("Agreement") is made by and between the City of Coppell (hereinafter
referred to as the "CITY") and Sprint Spectrum, L.P., a Delaware corporation (hereinafter referred
to as "LICENSEE"), for the use of certain premises and/or facilities according to the following
terms and conditions:
WITNESSETH:
WHEREAS, the CITY desires to provide LICENSEE with facilities for housing and
operating certain communications equipment, including the installation of antennas or antenna
systems and the space required to run cable between the equipment and the antenna or antenna
systems and an equipment cabinet; and
WHEREAS, the CITY owns the premises and facilities described below and desires to
allow the LICENSEE to enter and utilize these facilities and premises;
NOW, THEREFORE, for the consideration and on the terms and conditions hereinafter set
forth, the parties agree as follows:
Location
1. The premises and facilities (the "PREMISES") to be provided by the CITY are
depicted on Exhibit "A", which is attached and incorporated herein by reference as if set forth in
full, more specifically described as the "Site" or the "Leased Premises." Licensee shall have the
exclusive use of the Site.
Equipment
2. The CITY agrees to allow installment and maintenance of LICENSEE'S equipment
and/or improvements as described and illustrated in Exhibits "B", "C" and "D", which is attached
hereto and incorporated herein by reference as if set forth in full (also referred to as the "Site Plan"),
in accordance with the terms of this Agreement.
Term
3. This Agreement shall be for an initial term of five (5) years, commencing on the
effective date of execution and said Agreement may be terminated during this period or any
extension period, pursuant to paragraphs 5 and 7. This Agreement will automatically terminate if
LICENSE FOR COMMUNICATIONS FACILITIES - Page I 158771v3
LICENSEE is unable to obtain all necessary Governmental Approvals for LICENSEE'S intended
use of and improvements to the PREMISES.
4. Unless sooner terminated, this Agreement, and the license granted herein, shall
automatically renew for two (2) additional five (5) year periods, after the initial term expires, unless
LICENSEE gives written notice of its decision not to exercise its option to CITY no less than ninety
(90) days prior to the expiration of the then current term or period. All the terms and covenants of
this Agreement apply to all extension periods, subject to Section 9, and subject to amendment by the
mutual agreement of the parties, in writing and signed by both parties, as provided by this
Agreement. At the expiration of all of the extension periods provided herein, unless renewed or
superseded, this Agreement shall continue from month to month under the terms and conditions set
forth herein, and it may be terminated by either party upon at least thirty (30) days notice to the
other party.
Licensee Default
5. The occurrence of any one or more of the following events shall constitute an "Event
of Default" hereunder by LICENSEE:
(a) The failure by LICENSEE to make any payment of rent or any other
payment required to be made by LICENSEE hereunder, as and when due, where such
failure shall continue for a period of thirty (30) days after written notice thereof is received
by LICENSEE from CITY. Time shall be and is of the essence with regard to
LICENSEE'S obligation to timely remit all rentals required herein.
(b) The failure by LICENSEE to observe or perform any of the covenants or
provisions of this Agreement to be observed or performed by LICENSEE, other than as
specified in Paragraph 5(a), where such failure shall continue for a period of thirty (30) days
after written notice thereof is received by LICENSEE fi-om CITY; provided, however, that it
shall not be deemed an Event of Default by LICENSEE if LICENSEE shall commence to
cure such failure within said thirty (30) day period and thereat~er diligently prosecute such
cure to completion.
6. If there occurs an Event of Default by LICENSEE, in addition to any other remedies
available to CITY at law or in equity, CITY shall have the option to terminate this Agreement and
all rights of LICENSEE hereunder.
Nuisance and Overriding Public Need
7. The CITY may terminate this License in the event the use of the Site shall have been
found to be a public nuisance by a final decision, following all appeals, by a court of competent
jurisdiction, under the law of the State of Texas. In the event of termination by CITY, the CITY
shall give LICENSEE notice in writing at least one (1) year prior to the termination date. Following
the expiration of the initial term, in the event of an overriding public need, as determined by the
CITY in its reasonable discretion, then the CITY may terminate this Agreement upon written notice,
delivered not less than one (1) year prior to termination. In the event of such termination, the CITY
LICENSE FOR COMMUNICATIONS FACILITIES - Page 2 15877 l v3
shall use its best efforts to provide LICENSEE with an alternative site on the same terms and
conditions of this Agreement (the "New Agreement"). However, the rent provisions in the event of
such a relocation shall be reduced to take into account the costs associated with such relocation and
construction amortized over the initial term of the New Agreement.
Title and Quiet Possession
8. CITY represents and agrees (a) that it is the owner of the Site; (b) that it has the right
to enter into this Agreement; (c) that the person signing this Agreement has the authority has the
authority to sign; (d) that LICENSEE is not in default beyond the expiration of any cure period; and
(e) that CITY shall not have unsupervised access to the Site or to the LICENSEE'S equipment,
subject to CITY'S right of eminent domain.
Use and Sublet of Premises
9. The use of the provided PREMISES by the LICENSEE in conjunction with the
terms of this Agreement, is for the sole purpose of installation, operation and maintenance, removal,
replacing, modifying of communications equipment, being personal communication service system
facility, in strict compliance with this Agreement and the attached Exhibits "A" through "D". The
LICENSEE may not sublet to or license others to use the PREMISES without the prior written
consent of the CITY; provided however, LICENSEE may without the consent of CITY assign this
license to any party that is a parent company, wholly-owned subsidiary, or affiliate of LICENSEE.
Consideration
10. In consideration for providing the PREMISES for use by the LICENSEE, the
LICENSEE shall pay to the CITY a rental fee of $2,000.00 per month, partial months to be
prorated, and payable on the first day of each month thereafter throughout the term of this
Agreement. Upon renewal for subsequent terms, rent shall be increased at the rate of 12%.
Access
11. The LICENSEE shall have the non-exclusive right to access the aforementioned
PREMISES at any time, by contacting and providing notice to the CITY. If LICENSEE requires
access to the Site a~er the normal business hours of the CITY of__ a.m. to __ p.m.
("Business Hours"), LICENSEE shall place a telephone call to and leave a
message regarding its access to the Site prior to such access. If the CITY is contacted by
LICENSEE at, er Business Hours, for the purpose of accessing the aforementioned location, the
LICENSEE agrees to reimburse the CITY for the actual cost of any city staff involvement necessary
for this access.
Interference
12(A). LICENSEE shall not cause electrical interference to the CITY or to any other
licensee's equipment on or affixed to the PREMISES at the time of LICENSEE'S installation or
operation of its equipment. Should such interference occur, LICENSEE will take all steps
LICENSE FOR COMMUNICATIONS FACILITIES - Page 3 158771v3
necessary to correct such interference and, if such interference cannot be corrected, LICENSEE will
cease its operations from the Site, and this Agreement shall be terminated. The CITY will not grant
a license to any other party for the use of the CITY'S property without including in that license a
provision stating that the party's use will not in any way adversely affect or interfere with the
LICENSEE'S signal operation of its communication system and the CITY shall take reasonable
steps to enforce such provisions. Furthermore, the LICENSEE shall have the right to terminate this
Agreement upon thirty (30) days notice to the CITY if another user of the facilities causes
significant interference with LICENSEE'S operations, and such interference is not corrected within
thirty (30) days following the notice.
(B). LICENSEE, during the term of this Agreement, shall not interfere with the uses and
operation of Andrew Brown Park Central, its game fields, parking lot or concession facilities.
Under no circumstances shall LICENSEE conduct installation, repair, removal or maintenance
activities during sporting events scheduled for Andrew Brown Park Central.
13. LICENSEE shall have the sole burden of, and be responsible for all costs associated
with, alleging and proving that another user of the PREMISES is causing significant interference, or
for otherwise enforcing LICENSEE'S rights under this Agreement. The CITY shall not be
responsible for the costs associated with the resolution of any dispute between users of the
PREMISES save and except as provided in Section 12(A) above, or enforcement of any of
LICENSEE'S rights under this Agreement.
Utility Easements and Utility Cost
14. The LICENSEE will be responsible for any and all costs associated with electrical
hookup, maintenance and service, which is due to the LICENSEE'S operations at the PREMISES.
The CITY shall provide and grant to LICENSEE any easements necessary for the provision of
electric and telephone hookup and service to this PREMISES and LICENSEE'S equipment.
Taxes
15. LICENSEE agrees to reimburse the CITY for all such taxes which are assessed
against the CITY due to the personal property improvements constructed or maintained by
LICENSEE on or about the PREMISES; provided however, the CITY shall use its best efforts to
provide prior notification of any taxes for which LICENSEE is to be charged, so the LICENSEE
will have the opportunity to appear before the taxing authority and contest any assessment.
Liability, Release and Indemnification
16. LICENSEE shall at all times comply with all laws and ordinances and all rules and
regulations of municipal, state and federal government authorities relating to the installation,
maintenance, height, location, use, operation, and removal of the equipment, antenna systems, and
other alterations or improvements authorized herein, and shall fully indemnify the CITY against any
loss, damage, cost, or expense which may be sustained or incurred by the CITY as a result of the
installation, maintenance, operation, or removal of said improvements, except where caused in
LICENSE FOR COMMUNICATIONS FACILITIES - Page 4 158771v3
whole or in part by the negligence, gross negligence or willful misconduct of the CITY, its agents,
servants or employees.
17. LICENSEE agrees and is bound to indemnify, defend, and hold the CITY whole and
harmless against any and all claims for any loss or damages that may arise out of the use,
maintenance, and occupancy of LICENSEE'S installations and improvements by LICENSEE on the
above described property, except where caused in whole or in part by the negligence, gross
negligence or willful misconduct of the CITY, its agents, servants or employees.
18. LICENSEE agrees that LICENSEE shall indemnify, defend, release, acquit, and
hold free and harmless the CITY, its agents, representatives and employees from and against any
and all claims, demands, causes of action, liabilities, losses, and damage, whether asserted by
LICENSEE, its agents, representatives or employees, or any third party which in any way relate to
or arise from LICENSEE'S equipment or the installation or maintenance thereof, or from
LICENSEE'S entry onto and utilization of the CITY'S PREMISES and facilities.
In addition, LICENSEE shall be liable for any and all damage to the PREMISES caused by
LICENSEE or its agents, representatives, or employees.
Insurance
19. LICENSEE shall obtain and maintain in full force and effect for the duration of this
Agreement, and any extension or renewal thereof, at LICENSEE'S sole expense, liability insurance
and workman's compensation insurance, and a certificate of insurance shall be submitted to and
approved by the CITY prior to the commencement of any performance under this Agreement. The
required insurance must provide a minimum of $1,000,000 single occurrence coverage for bodily
injury (including death), and a minimum of $1,000,000 single occurrence coverage for property
damage. The CITY shall be named as an additional insured under said policy of insurance.
Condition of Site
20(A). LICENSEE accepts the PREMISES as is, in its current condition, and the CITY
makes no representations or warranties, save and except Section 8 hereto, and hereby disclaims any
and all such representations or warranties, express or implied, of any kind or nature, with regard to
the facilities and the PREMISES. The CITY shall maintain the PREMISES in compliance with all
applicable statutes, regulations and rules, and in a manner which will not interfere with
LICENSEE'S reasonable use of the Site. Upon expiration, cancellation, or termination of this
Agreement, the LICENSEE shall remove its equipment, antenna systems and structures from the
PREMISES at LICENSEE'S sole cost and expense. However, upon vacation of this Site,
LICENSEE shall surrender the PREMISES in substantially the same condition as received, except
for ordinary wear and tear. In the event of LICENSEE'S failure to remove its equipment, antenna
systems, and structures within fifteen (15) days following expiration, cancellation or termination,
the CITY may do so at its expense and retain and sell any such equipment, antenna systems, and
structures in compensation for any past due obligations. Any permanent improvements or fixtures
installed on the PREMISES by LICENSEE shall become the property of the CITY upon the
expiration of this Agreement.
LICENSE FOR COMMUNICATIONS FACILITIES - Page 5 158771v3
(B). In addition to the conditions of the Site, LICENSEE shall:
1. locate, at its sole expense, the antenna on existing light structures or relocate e.dsting
light structures subject to prior approval by the City Manager or his designee;
2. cause the equipment cabinet to be secured by an appropriate gate, lock, and/or
appropriate security device(s);
3. all construction, installation and location or relocation of any structure cabinet
antenna or equipment shall be completed by March 1, 2002 except upon express
written consent of the City Manager or his designee, which consent shall not be
unreasonably withheld, conditioned or delayed.
Tower Maintenance
21. It is understood that periodic maintenance and repair of the CITY'S facilities on the
PREMISES is necessary. The LICENSEE agrees that its rights under this Agreement are
subordinate to the CITY'S rights to conduct and perform such maintenance and repairs; provided
that the CITY must give LICENSEE not less than ninety (90) days' written notice prior to
commencing such maintenance or repairs. For such purposes, the CITY may reasonably and
temporarily interfere with, hinder and interrupt LICENSEE'S use of the facilities and PREMISES.
Notice
22. All notices to the parties shall be in writing and shall be sent by certified or
registered mail, or hand delivered, to the address of the party as it appears in this Agreement.
Marking, Lighting and Radio Frequency Requirements
23. The LICENSEE acknowledges that it shall be responsible for compliance with all
tower or building marker and lighting requirements which may be required by the Federal Aviation
Administration or the Federal Communication Commission in conjunction with LICENSEE'S
installation of improvements under this Agreement, as well any expenses, fees or fines associated
with compliance or non-compliance. §hould the CITY be cited by either the FCC or FAA because
the location is not in compliance, due to LICENSEE'S installation of improvements under this
Agreement, and if the LICENSEE does not cure the conditions of noncompliance within the time
frame allowed by the citing agency, the CITY may terminate this Agreement.
24. LICENSEE agrees to comply with the Federal Communications Commission
("FCC") radio frequency C'RF") exposure rules and requirements for RF exposure to humans.
LICENSEE will not cause radio frequency and/or electrical interference to the existing equipment
of CITY or to any other tenant who is using the Site upon earlier of the Commencement Date or at
the time LICENSEE installs its Communications Equipment, provided that the equipment used by
CITY or other licensee is operating within the technical parameters specified by its manufacturer
and/or as defined by the FCC (see Schedule attached hereto for a list of existing and/or known users
on the Site). Upon written notice from CITY to LICENSEE of such interference, LICENSEE will
take all reasonable steps to correct such interference in a timely manner. If such interference cannot
LICENSE FOR C OMM[JNICAIIONS FACILITIES - Page 6 15877 Iv3
be reasonably corrected within five (5) business days from receipt of CITY's notice, LICENSEE
will cease using its Communication Equipment, except for testing, until such time as LICENSEE
corrects the interference.
25. CITY represents that it has no knowledge of any substance, chemical or waste
(collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation. LICENSEE will not introduce or use any such
substance on the Site in violation of any applicable law.
Site Plan
26. The Site Plan (attached as Exhibits "A", "B", "C" and "D") has been approved by the
CITY prior to the execution of this Agreement, with approval or disapproval not to be unreasonably
delayed or withheld. The Site Plan shall describe and illustrate the location of the equipment,
fixtures, antennas, cables, wiring and other structures to be installed, maintained and operated under
this Agreement. The Site Plan shall include a scale drawing and inventory analysis of the proposed
installations, as well as an elevation of the PREMISES with the proposed installations.
PERFORMANCE UNDER THIS AGREEMENT SHALL BE IN COMPLIANCE WITH THE
APPROVED SITE PLAN. IF THE LICENSEE'S INSTALLATION, MAINTENANCE, OR
OPERATION OF EQUIPMENT, FIXTURES, ANTENNAS, CABLES, WIRING AND OTHER
STRUCTURES FAILS TO COMPLY WITH THE APPROVED SITE PLAN AND SPECIAL
USE PERMIT, AT ANY TIME, AS DETERMINED BY THE CITY, THEN THE CITY SHALL
HAVE THE RIGHT TO TERMINATE THIS AGREEMENT UPON THIRTY (30) DAYS
NOTICE TO LICENSEE.
Entire Agreement
27. This Agreement, together with Exhibits "A", "B", "C" and "D" attached, is the entire
Agreement between the parties with respect to the subject matter covered in this Agreement. There
is no other collateral oral or written agreement between the parties that in any matter relates to the
subject matter of this Agreement.
Representation
28. Both the LICENSEE and the CITY represent that they have full capacity and
authority to grant all rights and assume all obligations they have granted and assumed under this
Agreement.
Governing Law
29. The validity of this Agreement and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas, and any venue
for any action concerning this Agreement shall be in Dallas County, Texas.
LICENSE FOR COMMUNICATIONS FACILITIES -Page 7 158771v3
Amendment
30. This Agreement may be amended only by the written mutual agreement of the
parties hereto.
Legal Construction
31. In the event that any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect the other provisions, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED in single or multiple originals on the __ day of ,2002,
in Dallas County, Texas.
LICENSEE: CITY:
SPRINT SPECTRUM, L.P. CITY OF COPPELL, TEXAS
a Delaware Corporation
By: By:
Its City Manager
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
ATTEST:
City Secretary
LICENSE FOR COMMUNICATIONS FACILITIES - Page 8 158771v3
APPENDIX
SITE PLAN
COFFEL£ AGENDA REQUEST FORM
CITY COUNCIL MEETING: January 22 2002 ITEM # [ 0
ITEM CAPTION: Consider approval of a Letter of Intent for economic development incentives for an
industrial prospect, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS: ~
DIR. INITIALS: FIN. REVIEW.~ CITY MANAGER REVIEW: I
Agenda Request Form - Revised 5.-'00 Document Name: !Abatement
T H E~ C I T Y 0 F
COPPELL
January 22, 2002
Stephen L. Bryan
Senior Vice President Development
Catellus Commercial Group, LLC
5720 LBJ Freeway, Suite 190
Dallas, TX 75240
Dear Steve:
I would like to formalize the conceptual incentive package that was originally presented to
you in the letter dated January 14, 2002. As discussed, your potential tenant for the recently
completed facility at 555 Dividend Drive, would be a welcome addition to the City of
Coppell and the regional administration center would serve the City well. Ihe incentives
noted below have been reviewed and are supported by the Economic Development
Committee and City Council, contingent upon the official agreements between the City and
your tenant being finalized.
The City can offer the following incentive package:
· A five (5) year, seventy-five percent (75%) tax abatement for your client's business
personal property, with a minimum taxable value of $5.5 million.
· A five (5) year, seventy-five percent (75%) tax abatement for real and business personal
property pertaining to the future expansion of the building and your client's operation.
· A sales tax rebate for the one percent (1%) local sales and use tax generated as a result of
your tenant's finish out.
We look forward to working with you on this project and would further like to make
ourselves available to meet with your potential tenant to discuss relocation to Coppell and
tour the community. If you have any questions or comments regarding Coppell's incentives,
please feel free to contact me at your convenience.
Sincerely,
Candy Sheehan
Mayor
25~ P~R~h~'AY lit P O BOX 478 11{ COPPELL TX 75019 lit TEL 972t462 0022 1¥ FAX 972~304 ~673
d61~l~]~].~' A~ENDA REQUEST FORM
CITY COUNCIL MEETING: January 22, 2002 ITEM # /~.
MAYOR AND COUNCIl. REPORTS
A. Report by Mayor Pro Tern York regarding Citizen's Police Academy.
B. Report by Councilmember Raines regarding Public Hearing on Frontage Roads.
C. Report by Councilmember Raines regarding YMCA.
D. Report by Councilmember Tunnell regarding National Legue of Cities appointment.
CITY MANAGER'S REVIEW: