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