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CP 2009-08-25 NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 25, 2009 JAYNE PETERS, KAREN HUNT, Place 7 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 BOB MAHALIK, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, August 25, 2009, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The 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 1. Call to order. ag082509 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Michael Morris regarding DART. B. Discussion regarding the S. H. 121 Sound Walls. C. Discussion regarding the Oak Fest Celebration and the Facilities Use Policy. D. Presentation by staff regarding Alternative Fence Materials. E. Discussion regarding the Noise Ordinance. F. Presentation of Monument honoring Fallen Police Officers. G. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Report by the Library Board. 8. Consider approval of a proclamation naming September 7, 2009 as MDA Day, and authorizing the Mayor to sign. 9. Consider approval of a proclamation naming September 6-12, 2009 as National Payroll Week, and authorizing the Mayor to sign. 10. Citizens' Appearances. ag082509 Page 2 of 5 ITEM # ITEM DESCRIPTION CONSENT AGENDA 11. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 11, 2009. B. Consider approval of authorizing the City Manager to negotiate an Interlocal Agreement with the North Texas Tollway Authority allowing for the painting of the 121 Sound Walls at no expense to the City of Coppell and authorizing the Mayor to sign the Interlocal Agreement. C. Consider approval of awarding Bid #Q-0109-01 -Vehicle Exhaust Removal/Filtration System grant to Air Technology Solutions, Inc. in the amount of $106,045.00; and authorizing the City Manager to sign. D. Consider approval of an ordinance amending the Code of Ordinances of the City of Coppell, Texas, as amended, by amending Article 6-16, Alcoholic Beverages, Section 6-16-4, City Facilities, to add Subsection “C”, to provide for a permit to consume, possess or sell alcoholic beverages in certain city facilities; providing for the City Manager to establish rules and regulations concerning the granting of the permit; and authorizing the Mayor to sign. E. Consider approval of an ordinance approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. END OF CONSENT 12. PUBLIC HEARING: To receive public comment concerning the proposed 2009-2010 Municipal Budget. 13. PUBLIC HEARING: To receive public comment concerning the proposed 2009-2010 tax rate of 0.69146. ag082509 Page 3 of 5 ITEM # ITEM DESCRIPTION 14. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2008-1205, the budget for the Fiscal Year October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. 15. Consider approval of a resolution authorizing At Your Service Catering and Event Planning as the single vendor for alcohol sales at Oak Fest 2009, implement a $1,000.00 permit fee, authorize the City Manager to execute the necessary permit documents, and authorizing the Mayor to sign the resolution. 16. City Manager's Report. A. Project Update and Future Agendas. 17. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters and Hunt. E. DFW Airport Board – Peters. F. International Council for Local Environmental Initiatives (ICLEI) – Brancheau G. Metrocrest Hospital Authority – Tunnell. H. Metrocrest Medical Foundation – Mahalik. I. Metrocrest Medical Services – Hinojosa-Flores. J. Metrocrest Social Services – Franklin. K. North Texas Council of Governments – Tunnell. L. NTCOG/Regional Emergency Management – Faught. M. North Texas Commission – Hunt. N. Senior Adult Services – Franklin. 18. Necessary action resulting from Work Session. 19. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Jayne Peters, Mayor ag082509 Page 4 of 5 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 21st day of August, 2009, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag082509 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: August 25, 2009 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: August 25, 2009 ITEM #: WS-3 WORK SESSION A. Presentation by Michael Morris regarding DART. B. Discussion regarding the S. H. 121 Sound Walls. C. Discussion regarding the Oak Fest Celebration and the Facilities Use Policy. D. Presentation by staff regarding Alternative Fence Materials. E. Discussion regarding the Noise Ordinance. F. Presentation of Monument honoring Fallen Police Officers. G. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTComposite FencingMaterials c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT• Growing interest in Composite Fencing • New and improved products• Green characteristics meeting best practicesgoals of Coppell 2030 c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030OBJECTIVES• Become the model “Green Community demonstrating best practices• Insure well-maintained neighborhood, public infrastructure, including streets, alleys, utilities and fences• Insure well-maintained private infrastructure, including entrances, fences and common areas c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030VALUE TO RESIDENTS• Attractive city and neighborhoods• Protection and enhancement of property values• Doing the “right thing” for the city and the environment• Conserving natural resources c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTISSUES• Materials• Colors• Prohibited materials• Manufacturers c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCESec. 9-2-7. Materials, orientation and colors.A.Permitted materials.All fences, as defined herein,constructed within the city, shall only be constructed withmetal, vertical posts and the following material:1. Wood;2. Metal or wrought iron;3. Stone or brick with mortar; and4. Decorative metal. c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCEB.Permitted colors.Colors for wood fences shall be limited toearth-tone colors only; wrought iron anddecorative metal fences may be black, off-white orearth tone colors only; masonry fences may not bepainted.(Ord. No. 2006-1133, § 1, 8-22-06) c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCESec. 9-2-8. Prohibited materials.Materials prohibited in fences are barbed wire, razorribbon, sheet metal, chain-link, vinyl or polyvinyl, orany other similar material, except that barbed wireand/or chain link is permitted for fencing foragriculture- or industrial-zoned property.(Ord. No. 2006-1133, § 1, 8-22-06) c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTVINYL FENCING c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOMPOSITE FENCINGMANUFACTURERS’Overview• TIMBERWOLFwww.TimberwolfComposties.com•TREXwww.trex.com/fencing•FENCESCAPEwww.fencescape.com• VERANDAwww.verandapremiumfence.com• FIBERON AND ENCLAVEwww.fiberonfencing.com c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTENVIRONMENTALLY-FRIENDLY PRODUCT• EnclaveMade with 75% recycled wood and plastic content• TimberwolfA minimum of 90% post-consumer recycled content. c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTPROS:CONS:Mold resistant AppearanceNon shrinking TextureWarrantyEnforcementGreen product Fading of productMaintenanceDifferent colors c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCONSIDERATIONS• Keep current ordinance with no text amendment • Text amendment to allow composite fencing under permitted materials• Limit type of composite fencing (wood grain)• Limit where the composite fencing can be placed c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCONSTRUCTION NOISE c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENT• Complaints from neighbors• Limited ordinance for construction noise• No times to start and end construction• Exceptions for projects with special needs• Revitalization of older neighborhoods• Different community expectations and values based on the Coppell 2030 plan c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030OBJECTIVES• Upgrade neighborhood infrastructure, including streets, curbs, gutters, sidewalksVALUE TO RESIDENTS• Improving the appearance of real estate in Coppell• Enhancement of residential and commercial property values c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCOPPELL 2030CRITICAL FACTORS FOR SUCCESS• Aging neighborhood infrastructure needing upgrade and infrastructure needing upgrade and replacement• Aging neighborhood commercial centers with vacancies• Different community expectations and values• Infill development and the reaction of current residents in the surrounding area• New residential buildings consistent with the character of the neighborhood c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCURRENT ORDINANCEARTICLE 9-13. ANTI-NOISE CODESec. 9-13-1. Noises interfering with enjoyment of property or public peace and comfort.No person shall make or cause to be made any loud and raucous noise in the city which is offensive to the ordinary sensibilities of the inhabitants of the city, which noise renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.(Ord. No. 288) c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTNoise Ordinances comparison from adjacent municipalities as it pertains to constructionTimes:• CoppellUnrestricted• Carrollton7am-7pm• Farmers Branch 7am-7pm• Grapevine7am-7pm• Lewisville6am-8:30pm• Irving 7am-8pm c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTDISTANCE TO ANY RESIDENCE• Coppellunrestricted• Carrollton1,000 feet• Farmers Branch 500 feet• Grapevineadjacent• Lewisvilleunrestricted• Irving adjacent c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTPROSCONS“Residentially” friendly ComplaintsEase of enforcement Limited regulationsProcedures in place ObjectiveUniform education Delay of project c i t y o f c o p p e l lBUILDING INSPECTIONS DEPARTMENTCONSIDERATIONS• Keep current ordinance with no text amendment • Text amendment to allow with distance to structure• Text amendment to allow for time of day• Text amendment to allow for a special permit for such work at other hours in case of urgent necessity and in the interest of public safety and convenience WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary August 25, 2009 7 ✔ REPORT Report by the Library Board. The semi-annual report will be made by a member of the Library Board. No action necessary on this item. %boardreport WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager August 25, 2009 8 ✔ PROCLAMATION Consider approval of a proclamation naming September 7, 2009 as MDA DAY, and authorizing the Mayor to sign. Staff recommends approval. PROCLAMATION WHEREAS, the Muscular Dystrophy Association is the largest non-governmental sponsor of neuromuscular disease and the first not-for-profit agency to be recognized by the American Medical Association with a Lifetime Achievement Award for significant and lasting contribution to the health and welfare of humanity; and WHEREAS, more than one million Americans are affected by the 43 neuromuscular diseases that cause involuntary muscle weakness and wasting including amyotrophic lateral sclerosis (ALS or Lou Gehring’s disease), Duchenne, Spinal Muscular Atrophy, Charcot-Marie- Tooth disease; and WHEREAS, in Texas, MDA sends children to four summer camps, offers more than 20 support groups and clinics, and funds research to state hospitals and universities, including the UT Southwestern Medical Center; and WHEREAS, this Labor Day weekend marks the 44th annual Jerry Lewis MDA Labor Day Telethon; last year a record $65 million was raised nationwide. NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell and on behalf of the Coppell City Council, do hereby proclaim the week of Monday, September 7, 2009 as “MDA DAY” in the city of Coppell. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of August, 2009. _________________________________________ Jayne Peters, Mayor ATTEST: _______________________ Libby Ball, City Secretary WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager August 25, 2009 9 ✔ PROCLAMATION Consider approval of a proclamation naming September 6-12, 2009 as NATIONAL PAYROLL WEEK, and authorizing the Mayor to sign. Staff recommends approval. PROCLAMATION WHEREAS, the American Payroll Association and its 23,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 156 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, payroll professionals in Coppell, Texas play a key role in maintaining the economic health of Coppell, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, payroll departments collectively spend more than $15 billing annually complying with a myriad of federal and state wage and tax laws; and WHEREAS, payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify non-custodial parents and making sure they comply with their child support mandates; and WHEREAS, payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and WHEREAS, the theme of National Payroll Week this year is “America works because we’re working for America.” The collection, reporting and payment of payroll taxes by employers is a positive example of what works in America. NOW, THEREFORE, I, Jayne Peters, Mayor of the City of Coppell, do hereby proclaim the week of September 6-12, 2009 as "NATIONAL PAYROLL WEEK" IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of August 2009. ____________________________________________ Jayne Peters, Mayor ATTEST: _____________________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: August 25, 2009 ITEM #: 10 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 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, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary August 25, 2009 11/A ✔ PROCEDURAL Consider approval of minutes: August 11, 2009 Minutes of the City Council meeting held on August 11, 2009 Staff recommends approval. %minutes MINUTES OF AUGUST 11, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 11, 2009, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Tim Brancheau, Councilmember Bob Mahalik, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Councilmember Hinojosa-Flores and Mayor Pro Tem Hunt were absent. Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Peters called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects south of Bethel Road, west of Freeport Parkway. 2. ED Prospects north of Southwestern Boulevard, east of Freeport Parkway. 3. ED Prospects north of Bethel Road, east of S. Coppell Road 4. ED Prospects south of Bethel Road, west of S. Coppell Road. Mayor Peters convened into Executive Session at 5:46 p.m. Mayor Peters adjourned the Executive Session at 6:19 p.m. and opened the Work Session. cm081109 Page 1 of 10 WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding the Facilities Use Policy. B. Discussion regarding the Annual Review of the written Investment Policy. C. Discussion regarding the Animal Services Ordinance. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson of Hackberry Creek Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Peters led those present in the Pledge of Allegiance. 7. Citizens' Appearances. 1) Elizabeth Haddock, 400 Parkview Place, spoke in opposition to the tax rate increase. 2) Noble Fortson, 224 Plantation Dr., spoke regarding the tax rate. 3) Yolanda Cassity, 706 Armstrong, spoke regarding construction at the Chateaus. 4) Paul Rothe, 722 Armstrong, spoke regarding the Toll Brothers construction. 5) Barb Schmidt, 622 Pheasant, spoke against the tax rate. 6) Jack Simmons, 600 Brookshire, spoke regarding the theater and their proposed open house. 7) Rick Plotsky, 726 Armstrong, spoke against the Toll Brothers construction. 8) Felix Erfe, 718 Armstrong, spoke against the Toll Brothers construction. 9) Michael Erfe, 718 Armstrong, spoke against the Toll Brothers construction. cm081109 Page 2 of 10 10) Bruce Bradford, 183 Newport Dr., spoke against the proposed tax rate and expressed his frustration with Sandy Lake Road not being completed. 11) Joe Shirley, 582 Villawood Ln., spoke regarding the Old Town proposal. 12) Bob Cleavenger, 509 Graham, spoke against the proposed tax rate. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 28, 2009. B. Consider approval of accepting the resignation of Brent Wooten from the Keep Coppell Beautiful Board. C. Consider approval of a Resolution repealing in their entirety all resolutions relating to the Community Red Cross Committee, and authorizing the Mayor to sign. D. Consider approval of a Resolution authorizing the use of Community Development Block Grant funds from FY 2009 in the amount of $56,401.00 as well as carryover funding from a previously completed project in the amount of $1,769.26, for a total of $58,170.26, for the installation of American with Disabilities Act compliant automatic doors at the Justice Center and Town Center facilities, and authorizing the Mayor to sign and execute any necessary documents. E. 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, Monday through Thursday between 7:00 a.m. and 9:00 a.m. and between 2:30 p.m. and 4:30 p.m., and on Friday between 7:00 a.m. and 9:00 a.m. and between 12:00 p.m. and 2:00 p.m., on the west side of London Way from Sandy Lake Road to a point 300 feet north of the north curb line of Westbury Drive, and authorizing the Mayor to sign. cm081109 Page 3 of 10 F. Consider approval of an Ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 4, School Zone Speed, to establish the maximum prima facie speed limit for a designated school zone on Heartz Road, beginning 322 feet south of the curb line of Sandy Lake Road to 33 feet north of the curb line of Westbury Drive; and authorizing the Mayor to sign. G. Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. H. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 9, "General Regulations" by amending Section 9-1-8, "Animal Appeals and Advisory Board", by removing Chapter 826 (Rabies Control Act of 1981) and replacing it with Chapter 823 (Animal Shelters); and authorizing the Mayor to sign. I. Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 3 of the Code of Ordinances by amending article 5-9, Scavenging Prohibited; to delete all references to an authorized employee and replace with City Manager and his designee and to delete all references to the Sanitation Department; and authorizing the Mayor to sign. J. Consider approval of a 90-day extension to the expiration date of August 11, 2009 for the Coppell Office Village, Lot 1, Block A, Replat, a replat to relocate and revise building lines, fire lanes and easements to allow the development of an office building on 2.02 acres of land located along the south side of S.H. 121, approximately 400 feet east of Denton Tap Road. K. Consider approval of an Ordinance for Case No. PD-243-R, Metrocrest Community Church, a zoning change from R (Retail) to PD-243-R (Planned Development-243-Retail), to allow the construction of a 7,419-square-foot church with a future expansion area of 7,168 square feet on 1.99 acres cm081109 Page 4 of 10 of property located on the south side of E. Sandy Lake Road, approximately 220 feet east of Riverview Drive and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Resolution No. 2009-0811.1, D carrying Resolution No. 2009-0811.2, E carrying Ordinance No. 2009-1232, F carrying Ordinance No. 2009-1233, G, H carrying Ordinance No. 2009-1234, I carrying Ordinance No. 2009-1235, J and K carrying Ordinance No. 91500-A-531. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 9. PUBLIC HEARING: To receive public comment concerning the proposed 2009- 2010 Budget for the Coppell Crime Control and Prevention District. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Public Hearing: Mayor Peters opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing. Councilmember Mahalik seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 10. To approve the proposed 2009-2010 Budget for the Coppell Crime Control and Prevention District. cm081109 Page 5 of 10 Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Franklin moved to approve the proposed 2009-2010 Budget for the Coppell Crime Control and Prevention District. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 11. Consider approval of the certification of the 2009 anticipated collection rate for the period of July 1, 2009 through June 30, 2010, and the amount of excess debt collections during the period of July 1, 2008 through June 30, 2009. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Action: Councilmember Franklin moved to approve the certification of the 2009 anticipated collection rate for the period of July 1, 2009 through June 30, 2010, and the amount of excess debt collections during the period of July 1, 2008 through June 30, 2009. Councilmember Faught seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 12. Consider approval of a proposed tax rate of 0.69146 for the 2009 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 25, 2009 at 7:30 P.M. and a Special called meeting on September 1, 2009 at 6:00 P.M. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. cm081109 Page 6 of 10 Action: Councilmember Faught moved to approve a proposed tax rate of 0.69146 for the 2009 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council Meeting on August 25, 2009 at 7:30 P.M. and a Special called meeting on September 1, 2009 at 6:00 P.M. Councilmember Mahalik seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 13. Presentation regarding the Old Coppell development project. Presentation: Clay Phillips, City Manager, made opening comments. Ken Griffin, Director of Engineering and Public Works, made a presentation to Council. Matt Steer, Planner, made a presentation to Council. Brad Reid, Director of Parks and Recreation, made a presentation to Council. Greg Yancy, Development Partner, made a presentation to Council. 14. Consider approval of a Professional Services Agreement with Brinkley Sargent Architects, in the amount of $521,745.00, for design and construction administration services related to an expansion of the Coppell Aquatics and Recreation Center, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign the necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. cm081109 Page 7 of 10 Action: Councilmember Tunnell moved to approve a Professional Services Agreement with Brinkley Sargent Architects, in the amount of $521,745.00, for design and construction administration services related to an expansion of the Coppell Aquatics and Recreation Center, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign the necessary documents. Councilmember Franklin seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 15. Consider approval of a Resolution authorizing the city staff to create a Facility Rental Policy which stipulates fees for rental of city facilities, acceptable uses, security measures, city and renter responsibilities, and rules regarding the service and consumption of alcohol, and authorizing the Mayor to sign the Resolution. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. Action: Councilmember Mahalik moved to approve Resolution No. 2009-0811.3 authorizing the city staff to create a Facility Rental Policy which stipulates fees for rental of city facilities, acceptable uses, security measures, city and renter responsibilities, and rules regarding the service and consumption of alcohol, and authorizing the Mayor to sign the Resolution. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 16. Consider approval of a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $125,000.00, for design and construction administration services related to an expansion of the Wagon Wheel Tennis Center, and authorizing the President of the Coppell cm081109 Page 8 of 10 Recreation Development Corporation and the City Manager to sign the necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. Action: Councilmember Franklin moved to approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $125,000.00, for design and construction administration services related to an expansion of the Wagon Wheel Tennis Center, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign the necessary documents. Councilmember Faught seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor off the motion. 17. City Manager's Report. A. Project Update and Future Agendas. A. Clay Phillips, City Manager, announced Kimbel Kourt was now open ahead of schedule. Southwestern Boulevard is set to begin construction soon. On August 17, Commissioner Mayfield will host a Town Hall meeting in Council Chambers. On August 25, Michael Morris, NCTCOG, will be here to talk about the Cottonbelt and DART projects. Other items for discussion on August 25 include: an extension of the Northlake Agreement, the authorization of painting the sounds walls along SH 121, an alternative fence material presentation, a Public Hearing on the Budget and Tax Rate and discussion on Old Coppell. September 1 will be the Public Hearing for the Budget and Tax Rate. September 8 will be the adoption of the Budget. Finally, the cities of Irving and Coppell will be hosting a TML Region 13 Dinner at the Irving Center for the Performing Arts on September 16. 18. Necessary action resulting from Work Session. There was no action necessary under this item. cm081109 Page 9 of 10 19. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Jayne Peters, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm081109 Page 10 of 10 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager August 25, 2009 11/B ✔✔ CONTRACT/BID or PROPOSAL Consider approval of authorizing the City Manager to negotiate an Interlocal Agreement with the North Texas Tollway Authority allowing for the painting of the 121 Sound Walls at no expense to the City of Coppell and authorizing the Mayor to sign the Interlocal Agreement. Staff recommend approval. !NTTA - 1 AR MEMORANDUM August 20, 2009 TO: Mayor & City Council FROM: Clay Phillips, City Manager SUBJECT: 121 Sound Walls This agenda item seeks the authorization of the City Manager to negotiate and the Mayor to sign an Inter-Local Agreement (ILA) with the North Texas Tollway Authority to accomplish the painting/coating of the 121 sound walls in Coppell. The Council has previously asked that we pursue this goal provided that the costs associated with the project would be paid by another entity, be they the NTTA or others. Attached are two versions of a proposed ILA. We are working with the NTTA staff to ensure that the proposed ILA’s include all of the sound walls and that the coatings will match the existing aesthetics of the TxDOT improvements already in place. We are also working with Michael Morris from the NCTCOG to secure payment/reimbursement for the work regardless of which ILA strategy we choose to employ. Version 1 calls for the coatings to be applied by an NTTA contractor that is already working on various sections of the tollway project. While we are not yet certain that the proposal includes all sections of the walls, the price quoted, $14,831.39, appears to be very favorable, even if some additional costs need to be added to ensure all sections of the walls are coated. We had anticipated a much higher price for this work to be completed. Authorizing the work to be completed following this version of the ILA may expedite the project. Version 2 of the ILA would allow the City of Coppell to contract with a firm to coat the walls. NTTA would allow this work to proceed as desired. As with Version 1 f the ILA, we would also work with Michael Morris from the NCTCOG to secure payment/reimbursement for the costs associated with the project. TxDOT or a contractor they use would most likely actually perform the work under this scenario. This agenda item is on the Consent Agenda as it is simply the continuation of the project that the Council has already indicated a desire to see completed. If approved, we will continue to work with the NTTA and others to ensure all elements are addressed satisfactorily. The Mayor could then sign the ILA with NTTA and move the project forward. Feel free to contact me with any questions you may have. We will discuss the item in Work Session prior to the meeting and you always have the option to pull the item from the Consent Agenda to be discussed more fully if need be. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire Department August 25, 2009 11/C ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid #Q-0109-01 -Vehicle Exhaust Removal/Filtration System to Air Technology Solutions, Inc. in the amount of $106,045.00, as funded under the FY2007 Assistance to Firefighters Grant; and authorizing the City Manager to sign. In an effort to mitigate the effects of emergency vehicle exhaust to staff and the public, the Fire Department applied for and received funding under the FY2007 Assistance to Firefighters Grant. Award of this Bid will provide for the installation of exhaust filtration systems in all three fire stations and the newly constructed resource management facility. These systems will reduce the exposure of employees and public to the harmful exhaust by-products that are produced during ingress and egress of emergency vehicles at the facilities. The FY07 AFG will reimburse 90%, $95,440.50 of the $106,045.00 project cost. The City of Coppell will be required to fund 10% ($10,604.50). Staff recommends approval. (FD Exhaust Removal - 1 AR Air Technology Solutions, Inc. Air Pu ri fi cation Sys tems &Solutions January 23, 2009 Purchasing Department City of Coppell 255 Parkway Boulevard Coppell, Texas 750J 9 RE: BID No. Q-OI09-01 Vehicle Exhaust RemovallFiltration System Bid Due: January 27, 2009 at 10:00am Dear Purchasing Department: We are pleased to attach our bid for the above referenced project along with supporting documentation for your review. Air Technology Solutions, Inc. meets all required specifications and has not taken any exceptions to the specifications. Air Technology Solutions, Inc. 's total cost for this project is $106,045.00 and is broken-down as follows: 1. Station No. I $24,843.15 2. Station No.2 $24,843.15 3. Station No . 3 $24,843.15 4. Resource Management Building $31,515.55 Please note that the above costs include the following equipment and services: 1. 13 AirMATION AMB302-ND Vehicle Exhaust RemovallFiltration Systems 2. 04 Timer Control Maintenance Monitors (100% low voltage) 3. 08 Electric Eyes (2-per set) 4. 22 Door Brackets / Beam Interrupters 5. 04 CO Monitors 6 . 04 Kussmaul Receivers 7. 13 Kussmaul Transmitters (to be installed by station personnel) 8. 04 Tone Alarm Connections Complete Installation, excluding the Kussmaul Transmitters Freight Delivery of equipment at the designated locations shall be three (3) to four (4) weeks after receipt of order by the City of Coppell. 337 High Street ... Burlington, NJ 08016 ... T: 609-232-0700 ... F: 609-232-0712 w ww.airtec bnologys olutions .c om City of Coppell-Vehicle Exhaust Removal/Filtration Systems January 23,2009 Page -2­ After your review of our bid, Air Technology Solutions, Inc. is confident your department personnel will be completely satisfied with our Vehicle Exhaust Removal/Filtration Systems. If you should have any questions or require additional information, please feel free to contact this office directly. Respectfully submitted, Air Technology Solutions, Inc. ~~~!~ Public Safety Specialist :kls Attachments Amendment Package Page 1 of6 Amendment Package Federal Emergency Management Agency Washington, D.C. 20472 Mr Brad Simpkins Coppell Fire Department 500 Southwestern Blvd Coppell, Texas 75019-4409 Re: Grant No. EMW-2007 -FO-12089 Dear Mr Simpkins: This letter is in written response to your amendment request regarding the items listed in your request that's within the scope of the grant. You may obtain the items listed in the amendment, and your request is hereby approved for purchasing. Please maintain copies of all bids/quotes, purchase receipts, vouchers , etc., along with a copy of this letter in your grant file. Your amendment request regarding an extension is hereby approved . As a result of this approval, your Grant Period of Performance and Article III of your Grant Agreement Articles are amended to extend your grant your grant from 11/30/2007 through 11/29/2009. All other terms and conditions of the grant remain unchanged . If you have any further questions and/or concerns please contact me at (202) 786-9830. Sincerely, Katrice Hagan Grants Management Specialist https:llportal.fema.gov/fuegrantijsp/fire _ adminlmanagementishare/amendment--'package.j sp?a... 7/24/2009 Amendment Package Page 3 of6 documents submitted as part of the application are made a part of this agreement by reference. Article III -Period of Performance The period of performance shall be from 30-NOV-07 to 29-NOV-09 . The grant funds are available to the grantee for obligation only during the period of performance of the grant award . The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and FEMA has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance . Award expenditures are for the purposes detailed in the approved grant application only . The grantee cannot transfer funds to other agencies or departments without prior written approval from FEMA. Article IV -Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for object classes for this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $112,000.00 Supplies $0 .00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $112,000.00 Article V -Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighter Grant Program are made on an advance or reimbursable basis for immediate cash needs. When the grantee needs grant funds, the grantee fills out the on-line Request for Advance or Reimbursement. Payments under this grant program are made via direct deposit, therefore before a payment is made, grantees must confirm their on-line Direct Deposit information, print a copy, sign it and mail (with an original signature) the hardcopy to FEMA at the following address: Department of Homeland Security Emergency Preparedness and Response Directorate (FEMA) Grants Management Branch 500 C Street, SW, Room 350 Washington, DC 20472 Attn: Assistance to Firefighters Grant Program Article VI -Budget Changes Generally, changes in the budget-line items are permitted, as long as the original program narrative is accomplished. The only exception to this provision is for grants where the Federal share is in excess of $100,000 .00. In grants where the Federal share exceeds $100,000.00, the budgeted line items can be changed, but if the cumulative changes exceed ten (10) percent of the total budget, FEMA must approve those changes . https:llportal.fema.gov/flIegrantljsp/fire _ adminlmanagementlshare/amendmentyackage.jsp?a... 7/24/2009 PunendrnentPackage Page 2 of6 Agreement Articles Federal Emergency Management Agency Washington , D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM GRANTEE: Coppell Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2007-FO-12089 AMENDMENT NUMBER: 1 TABLE OF CONTENTS Article I Project Description Article II Grantee Concurrence Article III Period of Performance Article IV Amount Awarded Article V Requests for Advances or Reimbursements Article VI Budget Changes Article VII Financial Reporting Article VIII Performance Reports Article IX FEMA Officials Article X Other Terms and Conditions Article XI General Provisions Article XII Audit Requirements Article I -Project Description The grantee shall perform the work described in the approved grant application 's Program Narrative . That narrative is made a part of these grant agreement articles by reference. The purpose of the Assistance to Firefighters Grant Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards . After careful consideration, FEMA has determined that the grantee's project, as detailed in submitted project narrative and budget information, submitted as part of the grantee's application (and considered part of this agreement by reference), was consistent with the program's purpose and worthy of award. As such, any deviation from the approved program narrative must have prior written approval from FEMA. Article II -Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. All httns:llnortaJ.fema .Q"ov/fi reQ"rantii sn/fire admin/manaQ"ementishare/amendment nackaQ"e. isn?a... 7/24/2009 Amendment Package Page 4 of6 Article VII -Financial Reporting The Request for Advance or Reimbursement mentioned above, will also be used for interim financial reporting purposes . At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line , a final financial report that is required to close out the grant. The Financial Status Report, is due within 90 days after the end of the performance period. Article VIII -Performance Reports The grantee must submit a semi-annual and a final performance report to FEMA. The final performance report should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from . The semi-annual report is due six months after the award date . Article IX -FEMA Officials Program Officer: Brian A. Cowan , Chief of the Grants Program Office , is the Program Officer for this grant program . The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Richard Goodman, Chief of the Grants Management Branch, or Sylvia A. Carroll, Grants Management Specialist, is the Assistance Officer for this grant program . The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters . Grants Management Specialist: Nikole Johnson is the Grants Management Specialist for this grant award and shall be contacted for all financial and administrative grant business matters . Article X -Other Terms and Conditions A. Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the FEMA program official. B. The grantee agrees to maintain their operating expenditures in the funded grant category at a level equal to or greater than the average of their operating expenditures in the two fiscal years preceding the fiscal year in which assistance is awarded. C. The grantee agrees to provide information to the National Fire Incident Reporting System for the period covered by the grant. Article XI -General Provisions The following are hereby incorporated into this agreement by reference : 44 CFR, Emergency Management and Assistance Part 7 Nondiscrimination in Federally-Assisted Programs Uniform administrative requirements for grants and cooperative Part 13 agreements to state and local governments Government-wide Debarment and Suspension (Non-procurement) Part 17 and Government-wide Requirements for Drug-free Workplace (Grants) Part 18 New Restrictions on Lobby ing 31 CFR 205 .6 Funding Techniques hrtps://portal.fema.gov/firegrantij sp/fire _ adminimanageinentishare/amendment-..rackage .j sp ?a... 7/2412009 110 AunendmentPackage Page 5 of6 OMB Circular A-122 Cost Principles for Non-Profit Organizations OMB Circular A-Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein . Article XII-Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments , and Non-Profit Organizations. The main requirement of this OMB Circular is that grantees that expend $300,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years after the conclusion of the grant. You must also agree to make your grant files, books , and records available for an audit by FEMA, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. https:llportal.fema.goY/firegrant/jsp/fue _ admin/management/sharel amendrnent~ackage .j sp ?a... 7/24/2009 Amendment Package Page 60f6 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMEN DMENT 1a . AGREEMENT NO. 2. AMENDMENT 3. RECIPIENT NO. 4 . TYPE OF 5. CONTROL NO. EMW-2007 -FO-12089 NO. 75-1183207 ACTION W437673N 1 AMENDMENT 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS ADDRESS FEMNFinancial and Grants Management FEMNFinancial Services Branch Coppell Fire Department Division 500 C Street, S.w., Room 723 500 Southwestern Blvd 500 C Street, S .w., Room 350 Washington DC , 20472 Coppell Washington DC , 20472 Texas, 75019-4409 SpecialistNikole Johnson 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 9723043507 Tom Harrington 1-866-274-0960 Brad Simpkins 11. EFFECTIVE DATE OF 12. METHOD OF 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:30-NOV-To :29-NOV-09 30-NOV-07 SF-270 07 Budget Period From :01-0CT-To:30-SEP-08 07 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM NAME CFDA NO . ACCOUNTING DATA PRIOR TOTAL AMOUNT CURRENT TOTAL CUMMULATIVE ACRONYM (AACS CODE) AWARD AWARDED THIS AWARD NON­ XXXX-XXX-XXXXXX-XXXXX­ACTION FEDERAL XXXX-XXXX-X + OR (-) COMMITMENT AFG 97 .044 2008-M7 -0001 GF-25000000­$100,800.00 $0.00 $100 ,800 .00 $11 ,200.00 4101-D TOTALS $100,800 .00 $0 .00 $100,800 .00 $11,200.00 b. To describe changes other than funding data or financial changes, attach schedule and check here . N/A 16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Gran t Program recipients are not required to sign and retum copies of this document. However, reCipients should print and keep a cop y of this document for the ir record s . 16b . FOR DISASTER PROGRAMS : RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE N/A N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE ( Close Window https:llportal.fema.gov/frregrantljsp/fire _ adminlmanagementlshare/amendmentyackage.j sp?a... 7/24/2009 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks & Recreation August 25, 2009 11/D ✔✔ ORDINANCE Consider approval of an ordinance amending the Code of Ordinances of the City of Coppell, Texas, as amended, by amending Article 6-16, Alcoholic Beverages, Section 6-16-4, City Facilities, to add Subsection “C”, to provide for a permit to consume, possess or sell alcoholic beverages in certain city facilities; providing for the City Manager to establish rules and regulations concerning the granting of the permit; and authorizing the Mayor to sign. As was discussed at the August 11 City Council meeting, some prominent groups in the community have requested that they be allowed to serve alcohol at city facilities for special functions that they would like to hold in the city limits. Attached is a proposed ordinance revision that will allow the staff to authorize a special use permit for entities desiring to have alcohol as part of a rental of certain city facilities. Staff is currently working on policies that will outline the restrictions placed on renters of city facilities, and offers the community the opportunity to have alcohol service at specific facilities. Approval ^Ord 6-16-4 revision- 1AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 25, 2009 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of an amendment to an ordinance, amending the Code of Ordinances of the City of Coppell, Texas, as amended, by amending Section 6-16-4, City Facilities, to add Subsection “C”, providing for the service of beer and wine at certain city facilities; providing a repealing clause, providing a severability clause; providing for an effective date, and authorizing the Mayor to sign Background: This item is being brought forth pursuant to the discussion related to facility rentals and usage at the City Council meeting of August 11, 2009. Currently, Section 6-16-4 of the Code of Ordinances only allows the possession, sale and consumption of alcohol on city property at a city sponsored event. Passage of this ordinance revision will authorize the staff to permit the possession and consumption of alcohol at certain city facilities, at events other than those being sponsored by the city. Over the years, a number of requests have been made to the city regarding the ability of the community to have alcohol service at city facilities. Section 6-16-4 of the Code of Ordinances will not currently allow the city to authorize this type of activity in or on city facilities. As was discussed at the August 11 meeting, some prominent groups in the community have recently made specific requests to serve alcohol at city facilities for special functions that they would like to hold in the city limits. Attached is a proposed ordinance revision authorizing staff to create a special use permit for entities desiring to have alcohol as part of a rental of certain city facilities. Staff is currently working on policies that will outline the restrictions placed on renters of city facilities, and offers the community the opportunity to have alcohol service at specific facilities. The policy stipulates all the requirements for rental of city facilities, from deposits and reimbursements to allowable activities and security arrangements. An important aspect of this proposed policy is the requirements for service of alcohol at city facilities. The requirements include that the transport of alcohol to and from the site and the dispensing of alcohol must be in accordance with TABC regulations, and be done so by a TABC licensed individual. A Facility Rental Application to Serve Alcoholic Beverages must be received by the Parks and Recreation Department for a party to be allowed to serve alcohol. This Request will establish the name of the responsible person or organization, type of function and the name of the food caterer (if used) and the alcohol service provider. City Council Action requested: Approval of an amendment to an ordinance, amending the Code of Ordinances of the City of Coppell, Texas, as amended, by amending Section 6-16-4, City Facilities, to add Subsection “C”; providing a repealing clause, providing a severability clause; providing for an effective date, and authorizing the Mayor to sign. Staff Recommendation: Approval of the ordinance Page 1 TM 38674.2.000 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, AS AMENDED, BY AMENDING ARTICLE 6- 16, ALCOHOLIC BEVERAGES, SECTION 6-16-4, CITY FACILITIES, TO ADD SUBSECTION C, TO PROVIDE FOR A PERMIT TO CONSUME, POSSESS OR SELL ALCOHOLIC BEVERAGES IN CERTAIN CITY FACILITIES; PROVIDING FOR THE CITY MANAGER TO ESTABLISH RULES AND REGULATIONS CONCERNING THE GRANTING OF THE PERMIT; PROVIDING FOR THE ESTABLISHMENT OF A FEE BY APPROPRIATE RESOLUTION OF THE CITY COUNCIL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 6-16-4 provides for selling, storing, possessing and/or consuming of alcoholic beverages in city facilities; and WHEREAS, the City has reviewed the ordinances and policies of the City concerning selling, storing, possessing and/or consuming of alcoholic beverages in city facilities; and WHEREAS, after discussion and consideration, the City Council has determined that Coppell Code of Ordinances should be amended to provide for a permit to consume, possess or sell alcoholic beverages in certain City facilities and desires to amend Section 6-16-4 by adding Subsection C to provide for the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Article 6-16 of the Code of Ordinances of the City of Coppell, Texas, be, and the same is, hereby amended, by amending Section 6-16-4 by adding Subsection C, which shall read as follows: “ARTICLE 6-16. ALCOHOLIC BEVERAGES . . . . . Page 2 TM 38674.2.000 Sec. 6-16-4. City Facilities A. No person shall . . . any City facility except as provided in this subsection. . . . . . . . . . . C. “The City may, notwithstanding the prohibition in subsection A of this section, issue a permit to a person or entity for the consumption, possession and/or sale of alcoholic beverages for on premise consumption (indoors only), for a period not to exceed twenty-four (24) consecutive hours, for certain City facilities. For an event at a city facility sponsored by a private individual or group, the city manager or designee may grant a special event permit to allow for the consumption, possession, and/or sale of beer and wine in accordance with state law and City policy. No permit shall be issued until satisfactory proof has been provided for liability insurance and compliance with the TEXAS ALCOHOLIC BEVERAGE CODE, as amended, and rules issued by the appropriate state agency. The city manager or his designee is further authorized to adopt and enforce such other appropriate health, safety and welfare to ensure safe use of the premises and general welfare of the areas adjacent thereto. The City may establish an appropriate fee for issuance of such permit by resolution of the city council.” SECTION 2. All provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. Page 3 TM 38674.2.000 DULY PASSED by the City Council of the City of Coppell, Texas, this _____ day of _______________, 2009. APPROVED: By: ________________________________ JAYNE PETERS, MAYOR ATTEST: By: ________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: By: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (JDD/ajh [08/1709] /REH/cdb 08/20/09) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Finance August 25, 2009 11/E ✔ ORDINANCE Consider approval of an ordinance approving a negotiated settlement with Atmos Energy Corp., Mid-Tex Division, regarding the Rate Review Mechanism filing and finding the attached Tariffs implementing new rates within the corporate city limits of the City of Coppell are just and reasonable; and authorizing the Mayor to sign. Atmos requested to increase rates to generate an additional $20.2 million in revenues through the new Rate Review Mechanism that replaced the more unfavorable GRIP ratemaking process. The original rate increase has been negotiated down to reflect a rate increase that will result in an increase in revenues of approximately $2.6 million. The average monthly residential gas bill will increase $0.15. Our consultants agree Atmos can justify an increase in rates to generate an additional $2.6 million in revenue and has recommended approval of the attached settlement. Staff recommends approval. $AtmosGas-1AR 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com M E M O R A N D U M TO: Atmos City Steering Committee (ACSC) Members FROM: Geoffrey Gay Kristen Doyle DATE: July 8, 2009 RE: Atmos RRM Settlement - FINAL ACTION NEEDED BY AUGUST 31, 2009 The ACSC Settlement Committee (Jay Doegey – Arlington, Danny Reed – Fort Worth, Mark Israelson – Plano, Phil Boyd – Lewisville, Odis Dolton - Abilene), with the advice and input of ACSC consultants and lawyers, has worked to resolve the Company's pending $20.2 million Rate Review Mechanism ("RRM") rate increase request without the necessity of a protracted and costly contested case proceeding. The attached tariff that reflects rates that will increase Atmos' revenues by $2.6 million. The negotiated result reduces Atmos' requested rate increase by more than 85%. The monthly bill impact for an average residential customers will be $0.15. The ACSC Executive Committee recommends approval of the negotiated resolution because it represents an outcome that is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Please schedule consideration of the Ordinance at your next available council meeting. Final council action to approve the Ordinance must take place by August 31, 2009. To assist you, several documents are attached: • An ordinance setting new rates. The approved Ordinance should include the attached Tariffs ("Attachment A" to the Ordinance) and Proof of Revenues ("Attachment B") • A model staff report • A RRM fact sheet with customer impacts by class Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is unable to meet the August 31st deadline for final action. Once final action has been taken by your city, please forward a copy of the Ordinance to Atmos Mid-Tex and to our paralegal, Barbara Kimmell (fax number: 512/472-0532, bkimmell@lglawfirm.com). ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC” OR “STEERING COMMITTEE”) AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or " Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or “Steering Committee”), a coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to Atmos RRM Ordinance 1 develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and WHEREAS, on or about March 6, 2009, Atmos Mid-Tex filed with the City its second application pursuant to the RRM tariff to increase natural gas rates by approximately $20.2 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Settlement Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company’s RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid-Tex is able to justify a slight rate increase over current rates; and WHEREAS, the Steering Committee has advocated in other proceedings that Atmos Mid-Tex hedge natural gas futures in order to mitigate the volatility of natural gas prices, which are a flow through to customers; and Atmos RRM Ordinance 2 WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommend that ACSC members approve the attached rate tariffs ("Attachment A" to this Ordinance), which will increase the Company's revenue requirement by $2.6 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues ("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds that the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' Proof of Revenues, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Section 3. That Atmos Mid-Tex shall reimburse the reasonable rate making expenses of the ACSC Cities in processing the Company's rate application. Atmos RRM Ordinance 3 Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company’s RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. Section 8. That the Company's Gas Cost Recovery tariff is revised to permit recovery of certain costs associated with hedging natural gas futures. Section 9. That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for bills rendered on or after August 1, 2009. Section 10. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. Atmos RRM Ordinance 4 PASSED AND APPROVED this __________ day of ___________________, 2009. _________________________________ Jayne Peters, Mayor ATTEST: __________________________________ Libby Ball, City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney Atmos RRM Ordinance 5 ATTACHMENT B Line No. Prospective Rate Increase 2008 True-up Total change from current rates (a)(b)(c)(d) 1 Rate R 2 Consumption Charge per MCF 3 Change from Current Rate $0.1047 $0.0060 $0.0297 4 Billing Units for Specified Period 82,321,960 82,321,960 82,321,960 5 Total Change in Base Revenue $8,619,109 $493,932 $2,444,962 6 Associated Revenue Taxes $532,144 $30,495 $150,952 7 Total Rate Impact $9,151,253 $524,427 $2,595,914 8 Number of Bills for Specified Period 17,244,058 17,244,058 17,244,058 9 Average Impact per Bill $0.53 $0.03 $0.15 10 Rate C 11 Consumption Charge per MCF 12 Change from Current Rate $0.0383 $0.0052 $0.0068 13 Billing Units for Specified Period 52,439,100 52,439,100 52,439,100 14 Total Change in Base Revenue $2,008,418 $272,683 $356,586 15 Associated Revenue Taxes $124,000 $16,835 $22,016 16 Total Rate Impact $2,132,417 $289,519 $378,601 17 Number of Bills for Specified Period 1,452,943 1,452,943 1,452,943 18 Average Impact per Bill $1.47 $0.20 $0.26 19 Rates I&T - 1st block 20 Consumption Charge per MCF 21 Change from Current Rate $0.0144 $0.0087 ($0.0150) 22 Billing Units for Specified Period 9,681,181 9,681,181 9,681,181 23 Total Change in Base Revenue $139,409 $84,226 ($145,218) 24 Associated Revenue Taxes $8,607 $5,200 ($8,966) 25 Total Rate Impact $148,016 $89,426 ($154,183) 26 Rates I&T - 2nd block 27 Consumption Charge per MCF 28 Change from Current Rate $0.0105 $0.0064 ($0.0109) 29 Billing Units for Specified Period 10,782,882 10,782,882 10,782,882 30 Total Change in Base Revenue $113,220 $69,010 ($117,533) 31 Associated Revenue Taxes $6,990 $4,261 ($7,257) 32 Total Rate Impact $120,210 $73,271 ($124,790) 33 Rates I&T - 3rd block 34 Consumption Charge per MCF 35 Change from Current Rate $0.0023 $0.0014 ($0.0023) 36 Billing Units for Specified Period 19,798,632 19,798,632 19,798,632 37 Total Change in Base Revenue $45,537 $27,718 ($45,537) 38 Associated Revenue Taxes $2,811 $1,711 ($2,811) 39 Total Rate Impact $48,348 $29,429 ($48,348) 40 Rates I&T - Total 41 Total Rate Impact $316,575 $192,127 ($327,322) 42 Number of Bills for Specified Period 11,571 11,571 11,571 43 Average Impact per Bill $12.79 $7.73 ($13.32) 44 45 Total Change in Base Revenue $10,925,693 $947,570 $2,493,260 46 Total Rate Impact (Inc. Rev. Taxes)$11,600,245 $1,006,073 $2,647,194 Description ATMOS ENERGY CORP., MID-TEX DIVISION PROOF OF REVENUES TEST YEAR ENDING DECEMBER 31, 2008 (2009 RRM SETTLEMENT PROPOSAL) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 25, 2009 12 ✔ PUBLIC HEARING To receive public comment concerning the proposed 2009-2010 Municipal Budget. Pursuant to the City Charter, a public hearing will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the proposed 2009-2010 Municipal Budget. At this hearing, taxpayers must have the opportunity to express their views on the proposed budget. $PHBudget-1AR NOTICE OF PUBLIC HEARING PROPOSED 2009-2010 MUNICIPAL BUDGET A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2009-2010 Municipal Budget. This budget will raise more total property taxes than last year’s budget by $2,210,126 or 7.13 percent, and of that amount $505,723 is tax revenue to be raised from new property added to the tax roll this year. The Public Hearing will be held on August 25, 2009 at 7:30 p.m. in the Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file for public view in the office of the City Secretary at City Hall, at the William T. Cozby Public Library, 177 N. Heartz Road, Coppell, Texas 75019 and on the City’s website. PUBLIC NOTICE 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. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 25, 2009 13 ✔ PUBLIC HEARING To receive public comment concerning the proposed 2009-2010 tax rate of 0.69146. Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice-and-hearing limit, the taxing unit's governing body must hold two (2) public hearings on the proposal. At these hearings, taxpayers must have the opportunity to express their views on the proposed increase. The governing body may not adopt the tax rate at these hearings; and, must announce the date and time of the meeting at which it will vote on the tax rate. The meeting to adopt the 2009 tax rate must be at least three (3) days but no more than fourteen (14) days after the public hearing. $PHTaxRate-1AR The City of Coppell will hold two public hearings on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 5.36 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax rate calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. Notice of Public Hearing on Tax Increase The first public hearing will be held on August 25, 2009 at 7:30 PM at Town Center, 255 Parkway Blvd Coppell, TX 75019. The second public hearing will be held on September 1, 2009 at 6:00 PM at Town Center, 255 Parkway Blvd Coppell, TX 75019. The members of the governing body voted on the proposal to consider the tax increase as follows: Tim Brancheau Bob Mahalik Marsha Tunnell Billy Faught Marvin Franklin FOR: AGAINST: PRESENT and not voting: Karen Hunt Brianna Hinojosa-FloresABSENT: The average taxable value of a residence homestead in City of Coppell last year was $272,101. Based on last year's tax rate of $0.64146 per $100 of taxable value, the amount of taxes imposed last year on the average home was $1,745.42. The average taxable value of a residence homestead in City of Coppell this year is $272,478. If the governing body adopts the effective tax rate for this year of $0.65628 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,788.22 If the governing body adopts the proposed tax rate of $0.69146 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,884.08. Members of the public are encouraged to attend the hearings and express their views. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance August 25, 2009 14 ✔ ORDINANCE Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2008-1205, the budget for the Fiscal Year October 1, 2008 through September 30, 2009, and authorizing the Mayor to sign. The amendment is being brought forward to reflect changes experienced through the final half of the fiscal year. The accompanying memo provides the detail of the amendment. Staff recommends approval. $ BudAmend - 1 AR MEMORANDUM Date: August 25, 2009 To: Mayor and Council From: Jennifer Miller, Director of Finance Via: Clay Phillips, City Manager Subject: Budget Amendment - Fiscal Year 2008-09 This budget amendment is being brought forward to reflect items that have been brought before Council and changes experienced to date for fiscal year 2008-09. General Fund At this time the General Fund revenues are being increased $569,884. This increase is from a prior period audit adjustment for sales tax in the amount of $697,276. Salary Reimbursement is also being increased for funds received reimbursing the Fire Department. Other revenues are decreasing; franchise taxes ($150,000), court fines ($150,000), interest income ($100,000) resulting in the net increase of $569,884. General Fund expenditures are being increased $552,467. This is associated with the acquisition of right-of-way for the Highway 121 project. This was previously approved by Council on April 28, 2009. Water and Sewer Fund Revenues are being decreased $469,494 primarily due to reduced water and sewer service sales. Expenses are being amended in Combined Services for the transfer to General Fund. Child Safety Fund Revenues are being decreased for reduced interest income. Police Special Revenue Fund Revenues are being amended to reflect forfeitures that have been received. The expenditures are those associated with the purchase of surveillance equipment, some DNA testing and the Fallen Officer Memorial. Park Special Revenue Fund Expenditures are being amended for the Park Signage project. Tree Preservation Fund Revenues are being decreased for reduced interest earnings. Expenditures are for planting of trees. Debt Service Fund Revenues are being decreased due to a decrease in delinquent tax collections. Expenditures are being decreased due to a reduction in agency fees. Infrastructure Maintenance Fund Revenues are being decreased due to a reduction in interest earnings and a reduction in sales tax collections. Municipal Drainage District Fund Expenditures are for the emergency slope stabilization project approved by Council on May 26, 2009. Donations – Special Revenue Revenues are being decreased due to less than anticipated recycling revenue. The expenditures are being amended to reflect costs associated with the Library and Animal Control projects. Recreational Programs Revenues and expenditures are both being reduced due to both being less than expected. C.E.D.C. Special Revenue The revenues are being amended to reflect the Sales Tax Recovery received in August 2009. Expenditures are for the payment of grants to the schools. C.R.D.C. Special Revenue The revenues are being amended for less than expected sales tax and interest earnings. Expenditures are being amended the projects that have been approved by Council related to: 1) Ultra-violet Sanitation System, 2) Wagon Wheel Fields #5 & #6, 3) Architectural Services for the Tennis Center and the Aquatic Center. C.R.D.C. Special Revenue Revenues are being decreased for reduced interest earnings. Municipal Court Technology Fund Expenditures are being increased for computer equipment related to the Municipal Court. Municipal Court Judicial Fund Revenues are being decreased for reduced interest earnings. Rolling Oaks Revenues and expenditures are being amended to anticipated levels. Crime Prevention The revenues are being amended for the less than expected sales tax and interest earnings. Perpetual Care Revenues are being amended to anticipated levels and to establish a budget for the fund. 1 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2008, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 9th day of September, 2008, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2008-1205, for the 2008-09 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Revenues $49,677,308 $50,247,192 $ 569,884 Expenditures Combined Services 2,908,897 3,461,364 552,467 Total Expenditures $ 552,467 Decrease in Designated Fund Balance (552,467) Net Expenditure Increase 0 Net Increase in Undesignated Fund Balance $ 569,844 Water/Sewer Fund Current Budget Amending Budget Change Revenues $14,681,594 $14,212,100 $ (469,494) Expenses Combined Services 3,718,000 3,868,000 150,000 Net Decrease in Projected Retained Earnings $ 619,494 2 Child Safety Current Budget Amending Budget Change Revenues $ 16,200 $ 14,900 $ (1,300) Net Decrease in Projected Fund Balance $ 1,300 Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $ 215,411 $ 279,826 $ 64,415 Expenditures 322,935 422,756 99,821 Net Decrease in Projected Fund Balance $ 35,406 Parks Special Revenue Current Budget Amending Budget Change Expenditures $ 78,000 $ 91,181 $ 13,181 Net Decrease in Projected Fund Balance $ 13,181 Tree Preservation Fund Current Budget Amending Budget Change Revenues $ 5,000 $ 2,000 $ (3,000) Expenditures 99,000 134,200 35,200 Net Decrease in Projected Fund Balance $ 38,200 Debt Service Fund Current Budget Amending Budget Change Revenues $8,338,113 $8,300,113 $(38,000) Expenditures 8,484,085 8,476,585 (7,500) Net Decrease Projected Fund Balance $ 30,500 Infrastructure Maint. Fund Current Budget Amending Budget Change Revenues $4,004,472 $3,888,000 $ (116,472) Net Decrease Projected Fund Balance $ 116,472 Municipal Drainage District Current Budget Amending Budget Change Expenditures $156,109 $391,859 $235,750 Net Decrease in Projected Fund Balance $235,750 3 Donations-Special Revenue Current Budget Amending Budget Change Revenues $55,600 $45,320 $(10,280) Expenditures $29,040 $37,540 8,500 Net Decrease in Projected Fund Balance $ 1,780 Recreational Programs Current Budget Amending Budget Change Revenues $322,000 $252,450 $(69,550) Expenditures $307,246 $282,583 (24,663) Net Decrease in Projected Fund Balance $ 44,887 C.E.D.C. Special Revenue Current Budget Amending Budget Change Revenues $ 407,715 $ 636,353 $228,638 Expenditures 3,040,712 3,965,712 925,000 Net Decrease in Projected Fund Balance $696,362 CRDC Special Revenue Current Budget Amending Budget Change Revenues $5,414,783 $5,256,353 $ (158,430) Expenditures 5,120,457 6,209,434 1,088,977 Net Decrease in Projected Fund Balance $1,247,407 CRDC Debt Service Current Budget Amending Budget Change Revenues $774,775 $768,875 $ (5,900) Net Decrease in Projected Fund Balance $ 5,900 Mun. Court Tech. Fund Current Budget Amending Budget Change Expenditures $3,300 $8,127 $ 4,827 Net Decrease in Projected Fund Balance $ 4,827 Mun. Court Jud. Fund Current Budget Amending Budget Change Revenues $7,400 $6,900 $ (500) Net Decrease in Projected Fund Balance $ 500 4 Rolling Oaks Current Budget Amending Budget Change Revenues $631,000 $290,100 $ (340,900) Expenditures $156,153 $270,000 $ 113,847 Net Decrease in Projected Fund Balance $ 454,747 Crime Prevention Current Budget Amending Budget Change Revenues $2,868,472 $2,590,000 $ (278,472) Net Decrease in Projected Fund Balance $ 278,472 Perpetual Care Current Budget Amending Budget Change Revenues $ 0 $ 19,500 $ 19,500 Net Increase in Projected Fund Balance $ 19,500 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of August 2009. APPROVED: ______________________________ JAYNE PETERS, MAYOR ATTEST: ____________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ 5 CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Parks & Recreation August 25, 2009 15 ✔✔ RESOLUTION Consider approval of a resolution authorizing At Your Service Catering and Event Planning as the single vendor for alcohol sales at Oak Fest 2009, implement a $1,000.00 permit fee, authorize the City Manager to execute the necessary permit documents, and authorizing the Mayor to sign the resolution Pursuant to the discussion at the May 26 Work Session regarding alcohol sales at the 2009 Oak Fest Event, the Parks and Recreation Department recommends At Your Service Catering and Event Planning to be the sole alcohol sales vendor. At Your Service provided this service at last year's event and did so with professionalism. They have agreed to a $1,000.00 permit fee, along with progressive fees due to the city based on sales. When sales reach $10,000, the city will collect $250.00; at $15,000 in sales, the city will collect $250.00; and at $20,000 in sales, the city will collect $250.00. Recall that sales were less than $5,000 last year, and the vendor had difficulties recapturing the hard costs associated with providing this service. As we gain more history and a track record of successful sales at this event, the city will review the permit charges for this service. If Council chooses to move forward with this action, staff recommends approval of this Resolution ^Oak Fest Alcohol Vendor - 1AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 25, 2009 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of a resolution authorizing At Your Service Catering and Event Planning as the single vendor for alcohol sales at Oak Fest 2009, implement a $1,000.00 permit fee, authorize the City Manager to execute the necessary permit documents, and authorizing the Mayor to sign the resolution Background: The 2008 Oak Fest was the first time the City Council authorized the sale of alcohol at a city event, pursuant to City of Coppell Ordinance 2008-1202. A number of restrictions were imposed on the condition of these sales at this event. These restrictions included that only one vendor would be allowed to sell, that this vendor would be fully licensed to sell alcohol and hold a State permit to do so, that the sales would be restricted to a single tent area or “garden”, and that a city permit would be required, which should be authorized by the City Council. The alcohol sales at the event were a success on one hand, and less successful on the other. On the positive side, the alcohol brought another aspect to the event that did not exist before. Also, there were no behavior problems at the tent and the alcohol did not detract from the primary activities being offered. Items that could be considered negative are that the vendor selling the alcohol did not produce a profit at the event; there was a cost to the city to provide the service; and the vast majority of participants did not partake in the drinking of alcohol. Total alcohol sales for the 2008 event, as reported by At Your Service Catering and Event Planning, were $3,475.50. At Your Service Catering and Event Planning has informed staff that they are willing to provide alcohol sales at the Oak Fest event again in 2009, with the change of allowing sales in a format similar to the other vendors at the event. They feel that having them under a tent, somewhat hidden from view, and restricting the drinking of alcohol to the tent area negatively impacted sales. Their suggestion is to erect a perimeter fence enclosing the entire event allowing sales and consumption of alcohol throughout the event area, and disallowing the bringing and taking of alcohol into or out of the enclosed area. Staff has reviewed the cost and security aspects of this alternative and has found that the cost of erecting a temporary fence will basically offset the cost of not providing the “alcohol tent”. Additionally, the Police Department has determined that security related to the perimeter fence will be no more involved than having alcohol restricted to the tent. When all is said and done, the costs and security issues should be no more or less with the perimeter fence enclosing the event, than having the alcohol sales and consumption restricted to a tent. The recommended city permit fee will once again be $1,000.00. Because the vendor struggled to break even financially last year, generating a history that indicates a less than successful venue for alcohol sales, the fee will not be raised this year. The staff will review this fee each year that alcohol sales are implemented and make adjustments to the recommended fee based on the levels of sales from previous years. Included also in At Your Service’s contract are additional fees of $250.00 at $10,000, $15,000 and $20,000 in sales, if those milestones are reached. Additional requirement that the city will have for At Your Service Catering and Event Planning (AYS): 1. The permit fee shall cover the cost of any booth space rental; 2. AYS shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. AYS shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, with general liability coverage in the amount of at least $1,000,000.00. 4. AYS agrees to indemnify the City of Coppell against any liability incident to the selling of alcoholic beverages at the Coppell Oak Fest. Enclosed is a map of the proposed layout of the Oak Fest 2009 event showing the existing facilities, vendor areas, performance stage, temporary fencing location, and entrance/exit areas. There will be no entry fee for the event, but the fencing is required by state law where alcohol sales will be allowed. The three restricted entry areas will give staff the opportunity to observe patrons and deter alcohol from being brought into, or out of the event area. The outfield areas of the softball diamonds are utilized as activity areas for bounce houses, hot air balloon and clowns, leaving the open space to the east for enjoying the band and vendor areas. Finally, the cost of offering alcohol at the 2009 event is expected to closely mirror that of the 2008 event. The fencing around the perimeter of the event will approximately cost the same as providing the tent last year. The Police Department estimates a very similar cost for security at the 2009 event, and signage will have a similar cost also. The 2008 costs are as listed below. Costs Related to Alcohol Sales for 2008 Oak Fest Tent with fencing and decorations $1,500.00 (plus an estimated $2,000 donation of plant materials for decorations) Signage related to alcohol sales $ 400.00 Additional police presence related to alcohol sales $3,400.00 TOTAL $5,300.00 City Council Action requested: Consideration of a Resolution authorizing At Your Service Catering and Event Planning as the single vendor for alcohol sales at Oak Fest 2009, implement a $1,000.00 permit fee, and authorize the City Manager to sign all necessary documents. Staff Recommendation: If the Council chooses to move forward with this action, staff recommends approval of this Resolution. Main Entrance Stage Entrance/Exit - PD Fencing Beer Oak Fest 2009 - Layout Balloon arches at main entrance Balloon and clown Balloon and clown BH BH BH BH Side St. Circus wall bull pots pots train face craft pots bal twister Vendor parking Vendor entrance RESOLUTION NO.____________________ A RESOLUTION ALLOWING AT YOUR SERVICE CATERING & EVENT PLANNING TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE COPPELL OAK FEST, OCTOBER 17, 2009, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; IMPLEMENTING A PERMIT FEE OF $1,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell (“City”) is the owner of the Andrew Brown Park East and through the City of Coppell co-sponsors the Coppell Oak Fest at the Andrew Brown East Park. WHEREAS, the consumption of alcoholic beverages is allowed in Andrew Brown Park East pursuant to City of Coppell Ordinance 2008-1202. WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Coppell Oak Fest; and WHEREAS, the Parks and Recreation Department has recommended that At Your Service Catering and Event Planning be the sole participant allowed to sell alcoholic beverages at the Coppell Oak Fest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF COPPELL HEREBY RESOLVES: SECTION1. At Your Service Catering and Event Planning shall be the sole participant allowed to sell alcoholic beverages at the Coppell Oak Fest on October 17, 2009 at Andrew Brown Park East upon the following conditions: 1. They agree that the permit fee will be in lieu of the vendor booth fee; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide TABC certified staff for the sale of alcoholic beverages; 4. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $1,000,000.00. 5. Agrees to indemnify the City of Coppell against any liability incident to the selling of alcoholic beverages at the Coppell Oak Fest. SECTION 2. The City Council authorizes a permit fee of $1,000.00 to be collected at the time of approval of the permit. SECTION 3. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution. SECTION 4. This resolution shall become effective immediately upon its passage and approval. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THIS _________DAY OF_________________2009. ______________________________ JAYNE PETERS, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: BY: __________________________________ ROBERT E. HAGER, CITY ATTORNEY AGENDA REQUEST FORM DATE: August 25, 2009 ITEM #: 16 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: August 25,, 2009 ITEM #: 17 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters and Hunt. E. DFW Airport Board – Peters. F. International Council for Local Environmental Initiatives (ICLEI) –Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Mahalik. I. Metrocrest Medical Services – Hinojosa-Flores. J. Metrocrest Social Services – Franklin. K. North Texas Council of Governments – Tunnell. L. NTCOG/Regional Emergency Management – Faught. M. North Texas Commission – Hunt. N. Senior Adult Services – Franklin. Agenda Request Form - Revised 06/09 Document Name: %ccommreport AGENDA REQUEST FORM DATE: August 25, 2009 ITEM #: 18 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: August 25, 2009 ITEM #: 19 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: August 25, 2009 Department Submissions: Item No. 9 was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Human Resources Department Item Nos. 8 and 11/C were placed on the Agenda for the above- referenced City Council meeting by the Fire Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Fire Department Item Nos. 11/D and 15 were placed on the Agenda for the above- referenced City Council meeting by the Parks Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Parks Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)