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ST0202-AG030610 (2)AGENDA REQUEST FORM COPPELL DEPT: Engineering/Public Works DATE: June 10, 2003 ITEM #: 9/C ITEM CAPTION: Consider approval of a Development Agreement between the City of Coppell and the United States Postal Service for the construction of ingress and egress to USPS property from Bethel School Road generally consisting of new driveways and the removal of existing driveways; and consider approval of a Resolution authorizing the City Manager to execute the Development Agreement; and authorizing the Mayor to sign the Resolution. APPROVED BY Motion to Approve CITY COUNCIL ON ABOVE DATE IIII GOAL(S): / Res# 2003-0610.1 M - York S - Peters Vote - 6-0 Tunnell absent EXECUTIVE SUMMARY: This agreement will allow the reconfiguration of ingress/egress to the Post Office property off of Bethel School Road to allow for a safer traffic flow. Staff recommends approval of this agreement and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: ~. ~ ~' Agenda Request Form - Revised 09/02 FIN. REVIEW: CM REVIEW: Document Name: #USPS-I AR MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: From: Date: RE: Mayor and City Council Kenneth M. Griffin, P.E., Director of Engineering/Public Works June 10, 2003 Consider approval of a Development Agreement between the City of Coppell and the United States Postal Service for the construction of ingress and egress to USPS property from Bethel School Road generally consisting of new driveways and the removal of existing driveways; and consider approval of a Resolution authorizing the City Manager to execute the Development Agreement; and authorizing the Mayor to sign the Resolution. During the design of the reconstruction of Bethel School Road, from Denton Tap Rd. to Heartz Rd., it was determined that this could be an opportunity to reconfigure access to the United States Postal Service (USPS) to provide for safer ingress/egress. The existing driveway off of Bethel School into the USPS is located close to the intersection of Denton Tap Rd. In the morning while cars are queued up on Bethel School waiting to emer Denton Tap Rd., there are also vehicles trying to exit the USPS. Those cars pull out into Bethel School Rd. blocking the eastbound traffic. Because of the proximity of the driveway to Demon Tap Rd., in a very short time cars are backed up along Bethel School Rd. into the Denton Tap Rd. intersection. The reconstruction of Bethel School Rd. gives us a unique opportunity to attempt to address the access to the USPS. With that being one of the goals of the project, I met with the Postmaster to discuss various alternatives. In our initial conversations, there was some discussion about moving the driveway away from Denton Tap Rd., however, only a minor distance of approximately 100 feet. The current driveway is approximately 100 feet east &Denton Tap Rd. This would place the driveway approximately 200 feet east of Denton Tap Rd. Given the amount of traffic that queues up in the mornings, it still would be difficult to exit the Post Office in the a.m. hours. Subsequent to the initial meeting, I visited the site to ascertain what would be the optimum solution to the problem. USPS regulations do not allow the postal tracks to mix with the citizen access to the USPS. Therefore, the eastern most driveway to the USPS is strictly for the postal vehicles to gain access to the rear of the building. It was my goal to utilize that drive opening as a citizen access to the Post Office. That drive opening is approximately 300 feet east of Denton Tap Rd. In looking at the characteristics of the existing easternmost drive utilized by the postal vehicles, it was apparent that the tracks were having a difficult time maneuvering through the two ninety-degree turns and were jumping the curb and rutting out the landscaped area. In walking the area, it was apparent that a straight driveway off of Bethel School Road could be provided to the rear of the Post Office to allow the trucks and postal vehicles entering the USPS to drive directly into the dock area. The location of that driveway would be approximately 50 "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" feet east of the current easternmost driveway. I know the description of the location of the current driveways is somewhat confusing but the exhibit attached to the Resolution clearly shows proposed and existing driveway locations. After I had determined that there was an opportunity to utilize the easternmost driveway for citizen access to the USPS and construct a new driveway for postal vehicles, an exhibit was prepared and provided to the USPS administrative office. A meeting was held with the Manager of Administrative Services for the USPS. It was my hope coming out of that meeting that the USPS would be receptive to paying for approximately one-half the cost of the driveway relocations. My current estimate is approximately $35,000 for the driveway modifications. However, on May 23, 2003 I received correspondence from the USPS, that in essence, states that they would allow the driveway modifications, however, the cost of the modifications would need to be funded in total by the City of Coppell. While I am disappointed that the USPS has chosen not to participate financially, I am still of the opinion that the relocation of the driveways provides much safer access to and from the USPS for the citizens of Coppell. Also, the relocation of the driveways will greatly reduce the opportunity for vehicles entering and exiting the USPS to impede the traffic flow on Bethel School Rd. Therefore, staff is in favor of the approval of the development agreement between the City of Coppell and the USPS for the construction of ingress and egress to the USPS property from Bethel School Road consisting of new driveways and the removal of existing driveways. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" T H E * C I T Y * 0 F COPi;'-ELL May 8, 2OO3 Mr. Donald W. Avidano, Manager of Administrative Services United States Postal Service 951 E Bethel Rd Coppell TX 75099-9991 Re: Bethel School Road ST 02-02 (Driveway Modifications) Dear Mr. Avidano: This letter is written as a follow-up to our May 1, 2003 meeting in which we discussed proposed driveway relocations associated with the reconstruction of Bethel School Road. I discussed this with our attorney and he stated we could participate in the relocation of the driveways by executing an interlocal agreement between the City of Coppell and the USPS. With this letter I am including a draft Interlocal Agreement provided by our attomey which would allow us to participate with USPS to modify the ingress/egress at the postal facility at 450 S. Denton Tap Road. Paragraph three of the Interlocal Agreement discusses the cost participation as being one-half of the construction cost or up to a maximum of $17,500. It is worded in this manner in the event that the driveway modifications cost less than the estimated $35,000. If the cost is more than $35,000, participation by the USPS would only be the stated $17,500. This Interlocal Agreement requires approval by the City Council. The earliest date it could be presented for approval is June 10, 2003. In order for the agreement to be presented at that meeting, I would need verification no later than May 23, 2003 that USPS approves of the document. I will be out of town the week of May 12 - 16; therefore, if you have any questions about the document, you can reach me at my office the week of May 19'. Sincerely' F~ 1~f Kenneth MI ri~ffin, P.E. Director of Engineering & Public Works Office: 972/304-3686 Enclosure 255 PARKWAY ~ P O BOX 478 ~ EoPPeLL tX ?§019 ~ TEL 972/462 0022 ~ fAX 972/304 MANAGER ADMINISTRATIVE SERVICES ~ UNITED ST~TE'~ POST/~L SERVICE May23,2003 Mr. Kenneth M. Griffin, P.E. Dim~or ~ Engineering & Public Works P.O. Box 478 CoppelI, TX 75019-0478 Re: Bethel School Road ST 02-02 (Driveway Modifications) Dear Mr. Griffin, This letter is in response to your May 8, 2003 letter concerning the relocation of the current driveways at the Coppell Post Office. In a discussion with the Dallas District Manager, Mr. Carl January stated that if the City of Coppell wanted to relocate the driveways and pay for the total project then he was in agreement pmvidirig both Administrative Services and Safety were in agreement. I realize that this changes the interlocal Agreement that you sent me, so a new agreement will have to be provided. Upon receipt of the new agreement, I will forward it to our Legal Dapartment for their concurrence. I will be out of town from May 24, 2003 through June 1,2003. Therefore, if you have any questions I can be reached at my office after June 1st. Sincerely, Donald W. A~idanb / cc: Mr. Carl T. January, Jr. Mr. Mark Dennett From: To: Date: Subject: "Cindy Brown" <CBROWN@njdhs.com> <pcrocker@ci.coppeli.tx.us> 6/2/03 10:57AM USPS Let's start with the Development Agreement. Bob has reviewed what you sent over and the only change is to change the signature block for Jim's signature rather than the Mayo¢s. With regard to your question concerning interlocal agreement v. development agreement, Bob says "no" it should not be an interlocal because this is a federal contract and the law only provides for state agencies. Now, you also needed a resolution authorizing the City Manager to execute such agreement. We have prepared the resolution and attached the same hereto. If you should have any questions or comments regarding this matter, please contact our office. Cindy Brown Assistant to Robert E. Hager & J. David Dodd, ill NICHOLS, JACKSON, DILLARD, HAGER & SMITH, LLP 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 214-965-9900 (main) 214-665-3322 (direct) 214-965-0010 (fax) A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ~. ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS AUTHORIZING ENTERING INTO A DEVELOPMENT AGREEMENT WITH THE UNITED STATES POSTAL SERVICE, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. desire public WHEREAS, the City of Coppell ("City") and the United States Postal Service ("USPS") to enter into a development agreement for the purposes of modifying and constructing a roadway within the City, being Bethel Road; and WHEREAS, points of ingress and egress are on USPS property adjacent to said road; and WHEREAS, the City and USPS have determined that it is within their mutual benefit and interest to enter into an Agreement in performing their respective governmental functions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the City Manager is authorized to execute the Development Agreement by and between the City of Coppell and the United States Postal Service, which is attached hereto and incorporated herein as Exhibit "A". Section 2. EFFECTIVE DATE. This resolution 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 and approved by the City Council of the City of Coppell, Texas, on this the ~_~_~_ day of ~.~.~, 2003. A~ DO'0GLA~N. S~DVER, MAYOR APP~ORM: B.r{ST: ''/~ CI SEC TAR¥ STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS AN AGREEMENT BY AND BETWEEN THE UNITED STATES POSTAL SERVICE (HEREINAFTER "USPS") AND THE CITY OF COPPELL, TEXAS, A HOME RULE MUNICIPAL GOVERNMENT IN THE STATE OF TEXAS (HEREINAFTER "CITY"); WHEREAS, the respective parties desire to enter into a development agreement (hereinafter "Agreement") concerning the modification and construction of a public roadway within the City of Coppell, Texas; and WHEREAS, the points of ingress of egress are on USPS property adjacent to said road, being Bethel School Road; and WHEREAS, the parties have agreed on the location of certain ingress and egress from and onto the City street and USPS property and the sharing of cost of that relocation and maintenance of right-of-way; and WHEREAS, the City and the USPS have the ability to enter into a consensual and contractual agreement in performing their respective governmental functions; and WHEREAS, the City and USPS have determined that it is within their mutual benefit and interest to enter into this Agreement; NOW, THEREFORE, this Agreement is hereby made and entered into by the City and the USPS for the consideration stated herein subject to the terms and conditions, which shall be as follows: 1. Both the City and the USPS acknowledge and agree that the City is reconstructing Bethel School Road, which includes widening of the current roadway, which shall be encompassed by reconstruction, including paving, the placement of a left turn lane, and providing new driveways as points of ingress and egress to the USPS site, collectively referred to as the "Bethel School Road Reconstructive Project," as depicted, in part, on Exhibit "1 ", which is attached hereto and incorporated herein by reference. 2. All expenditures for the paving of the Project, which is a governmental function, including the cost of reconstruction of the ingress and egress as provided in Exhibit "A"; will be funded by the City, with the consent of the USPS. Agreement - Page I 55958 BENT ~¥: CITY OF COPPELL; §7~90470~t; AUO-~fl-03 fl:47PM; PAOE 2]~ 3. The USPS hereby consents to the City's construction of new ingress and egress to USPS property from Bethel School Road, as depicted on Exhibit "A," generally consisting of new driveways in the total area of 918 S. Y, (183 + 98 + 637) and the removal of existing driveways in the total area of 476 S.Y. (57 + 37 + 132 + 250). City h,,reby agrees to the resodding of the non-paved area after the removal of the existing driveways, as depicted on the attached Exhibit "1". 4. The USPS further agrees, as consideration of this Agreement, to maintain all the resodded areas as part of the on-going maintenance and operation of its real property located at 951 Bethel School Road and as otherwise depicted on Enhibited "1". 5. The obligations and undertakings oF each of the partics o£ this Agreement are and shall be performed in Dallas County, Texan. The validity of the Agr,ement and any of its terms or provisions, as well aa the rights and duties of the parties, shall be governed by the law of the State of Texas; and any venue for any action concerning this Agreement shall be in Dallas County, Texas. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagre~,nnent cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to mediation. 6. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The City warrants and represents that the individual executing tiffs Agreement on behalf of the City has full authority to execute this Agrvvment and bind the City to the same. The USPS warrants and r~presents that the individual ~xecuting this Agreement on behalf of the USPS has full authority to execute this Agre,ment and bind the USPS to the same. 7. This Agreement may not be assigned. It embodies the entire agreement between the parties and may not bc amended or modified except in writing and signed by the signatories t,~,a-eto or their heirs, successors and assigns. 8. This Agreement shall be filed in the deed records of Dallas County, Texas. Agreement - Page 2 Revised 3. The USPS hereby consents to the City's construction of new ingress and egress to USPS property from Bethel School Road, as depicted on Exhibit "A," generally consisting of new driveways in the total area of 918 S. Y. (183 + 98 + 637) and the removal of existing driveways in the total area of 476 S.Y. (57 + 37 + 132 + 250). USPS hereby agrees to the resodding of the non-paved area after the removal of the existing driveways, as depicted on the attached Exhibit "1 ". 4. The USPS further agrees, as consideration of this Agreement, to maintain all the resodded areas as part of the on-going maintenance and operation of its real property located at 951 Bethel School Road and as otherwise depicted on Exhibited "1 ". 5. The obligations and undertakings of each of the parties of this Agreement are and shall be performed in Dallas County, Texas. The validity of the Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas; and any venue for any action concerning this Agreement shall be in Dallas County, Texas. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to mediation. 6. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The City warrants and represents that the individual executing this Agreement on behalf of the City has full authority to execute this Agreement and bind the City to the same. The USPS warrants and represents that the individual executing this Agreement on behalf of the USPS has full authority to execute this Agreement and bind the USPS to the same. 7. This Agreement may not be assigned. It embodies the entire agreement between the parties and may not be amended or modified except in writing and signed by the signatories hereto or their heirs, successors and assigns. 8. This Agreement shall be filed in the deed records of Dallas County, Texas. Agreement - Page 2 55958 EXECUTED on this /~f~ day of (.,q C~ , 2003. CITY OF COPPELL, TEXAS UNITED STATES POSTAL SERVICE By: By: Its: ATTEST: ATTEST: Libby Ball City Secretary Its: APPROV~TO FORM: City Attomey APPROVED AS TO FORM: By: Its: Agreement - Page 3 55958 STATE OF TEXAS § COUNTY OF DALLAS § CITY'S ACKNOWLEDGEMENT This instrument was acknowledged before me on the ///~/~ day of (~~ ,2003, by Jim Witt, City Manager of the City of Coppell, Texas, a ~as Home Rule municipality, on behalf of said municipality. Notary Public,d~e ~f ~exas USPS' ACKNOWLEDGEMENT STATE OF ~ § COUNTY OF DALLAS § This instrument was acknowledged before me on the //¢1~ day of ,:oo3, y , the United States Postal Service, a governmental entity, on behalf of said entity. MY COMBI$$10N EXPIRES: IIO, ROll 29, 2005 ~4greement - Page 4 .., 55958