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CP 2024-08-27City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, August 27, 2024 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. 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. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. 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: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Page 1 City of Coppell, Texas Printed on 8/23/2024 1 August 27, 2024City Council Meeting Agenda A.Consultation with City Attorney regarding Chapter 102 of the Texas Local Government Code and Chapter 26 of the Texas Tax Code. 3.Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. A.Discussion regarding agenda items. B.Discussion regarding Emergency Management. C.Discussion regarding Workforce Transit. Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Citizens’ Appearance 7.Consent Agenda A.Consider approval of the Minutes: August 13, 2024. B.Consider approval of an Ordinance amending the Code of Ordinances, by amending Article 8-3 “Parking”, Section 8-3-1(A) of the Code of Ordinances, by making it unlawful to stop, stand, or park a vehicle at all times on a segment of Bethel Road; and authorizing the Mayor to sign. C.Consider approval of an ordinance abandoning a right of way dedication all streets, alleys, sidewalks and bridges being now private streets noted as Blackberry Drive, in favor of the property owner; and authorizing the Mayor to sign. D.Consider approval to award a Design and Build Emergency Repair Contract to Knight Erosion Control, Inc., dba KEC Engineering & Construction, for design and construction of stabilization measures for a section of streambank along Cottonwood Creek in Andy Brown Central park, utilizing the Drainage Utility District (DUD) Fund, Fund Balance, in the amount of $274,143.99; and authorizing the City Manager to sign any necessary documents. E.Consider approval to award Bid #Q-0824-02 LSP (Life Safety Park) Storage Expansion, for extension of the vehicle storage building, in the amount of $139,162.85, to Triton GC, LLC; and authorizing the City Manager to sign any necessary documents. End of Consent Agenda Page 2 City of Coppell, Texas Printed on 8/23/2024 2 August 27, 2024City Council Meeting Agenda 8.PUBLIC HEARING: Consider approval of a Resolution granting a distance variance of two hundred and forty-one (241') feet to St. Ann’s Catholic Parish for a temporary event, from the 300-foot prohibited requirement, for the on-premise sale of alcoholic beverages, with an address being 180 Samuel Boulevard; and authorizing the Mayor to sign. 9.PUBLIC HEARING: To receive public comment on the proposed 2024-25 Budget for the Coppell Crime Control and Prevention District. 10.PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 Municipal Budget and consider approval of an Ordinance approving and adopting the budget for the City of Coppell, Texas for the fiscal year of October 1, 2024, through September 30, 2025; and authorizing the Mayor to sign. 11.PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 tax rate of $0.462222 and consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the tax year 2024 at $0.462222 on each one hundred dollars ($100) assessed value of taxable property, on which $0.392071 is for operations and maintenance and $0.070151 is for interest and sinking; and authorizing the Mayor to sign. 12.Consider ratification of the vote on the FY 2024-25 annual budget which results in more revenue from ad valorem taxes than the previous year. 13.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 14.Mayor and Council Reports on Recent and Upcoming Events. 15.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A.Report on Metrocrest Services - Councilmember Biju Mathew 16.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17.Necessary Action from Executive Session 18.Adjournment ________________________ Wes Mays, Mayor Page 3 City of Coppell, Texas Printed on 8/23/2024 3 August 27, 2024City Council Meeting Agenda 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 23rd day of August, 2024, at _____________. ______________________________ Phoebe Stell, Deputy City Secretary 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 seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). This publication can be made available in alternative formats, such as Braille or large print, by contacting Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 4 City of Coppell, Texas Printed on 8/23/2024 4 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7627 File ID: Type: Status: 2023-7627 Agenda Item Executive Session 1Version: Reference: In Control: City Council 08/22/2024File Created: Final Action: Executive SessionFile Name: Title: Consultation with City Attorney regarding Chapter 102 of the Texas Local Government Code and Chapter 26 of the Texas Tax Code. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7627 Title Consultation with City Attorney regarding Chapter 102 of the Texas Local Government Code and Chapter 26 of the Texas Tax Code. Summary Page 1City of Coppell, Texas Printed on 8/23/2024 5 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7613 File ID: Type: Status: 2023-7613 Agenda Item Work Session 1Version: Reference: In Control: City Council 08/19/2024File Created: Final Action: Work SessionFile Name: Title: A.Discussion regarding agenda items. B.Discussion regarding Emergency Management. C.Discussion regarding Workforce Transit. Notes: Sponsors: Enactment Date: Emergency Management Memo.pdf, Workforce Transit Memo.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7613 Title A.Discussion regarding agenda items. B.Discussion regarding Emergency Management. C.Discussion regarding Workforce Transit. Summary Page 1City of Coppell, Texas Printed on 8/23/2024 6 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Jennifer Bettis, Emergency Management Coordinator Date: August 27, 2024 Reference: Presentation of Emergency Management Operations. 2040: Sustainable Government Emergency Management will provide a brief overview of the Emergency Management Office, the structure and planning that guides the City’s response to various emergencies, and the legal authorities applicable to emergency preparedness and response. 7 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: August 27, 2024 Reference: Workforce Transit 2040: Create Business and Innovation Nodes Introduction: This item is presented for consideration of an extension of the ILA with DCTA to continue the program an additional year. In partnership with Denton County Transportation Authority (DCTA) and Lyft, the City of Coppell started a workforce transit test program for Coppell businesses on October 1, 2019. The one-year program was established to study trends and gauge the need for a long-term solution to workforce transit in Coppell. Background: The program usage has gradually increased each year as more businesses and individuals have learned about the program. Businesses have shared that it has been a beneficial tool to help them attract employees, and it has been very beneficial for employees that would have otherwise had to walk to work. This program is part of our business attraction and retention efforts, which are essential components of economic development for a community. City Council has previously approved a one-year extension to the contract with DCTA four times. The current ILA will expire on September 30, 2024. Ridership continues to increase and is being utilized by a larger number of companies. The service is being utilized seven days a week across different shift times throughout the day. Ridership is spread throughout the community, so it is being utilized by a variety of types of businesses. Staff believes that the utilization of a first-mile, last-mile connection will increase after the DART Silver Line is open and operating. Exploring other options for service such as fixed route service might become more viable at that time, but until then, staff believes this is the best option for the first- mile, last-mile connection. Lyft will continue providing all mobility services, and DCTA will administer the contract and provide all administrative and operational services associated with the program. The City of Coppell will 8 2 make monthly payments to DCTA for reimbursement of all costs associated with services provided by Lyft and the monthly administrative fee. Partnering with Lyft for the mobility service provides the greatest amount of flexibility for this program. Everything about the program will remain the same. Lyft will continue to pick up from the six designated transit stops, which include the DART Trinity Mills Station, the DCTA Hebron Station, the DART Belt Line Station, the DART Bus stop at Saintsbury and Belt Line, the DART Bus Stop at Regent and Royal and the Trinity Metro TEXRail stop at the Grapevine-Main Street station. Lyft will transport passengers to the businesses located within the City of Coppell. The proposed budget for the program is $50,000 for FY 24-25. Staff has consistently received feedback from the businesses that this program has provided great benefits, and the hope is that this upcoming year will provide even greater benefit as the ridership grows. Staff will continue to monitor the data on ridership so that an analysis can be provided on the long-term needs for workforce transit in Coppell. If City Council authorizes staff to work with DCTA on an extension to the contract, staff will bring back a finalized contract for City Council consideration later. Benefit to the Community: By attracting and retaining businesses in Coppell, residents have an opportunity to find employment close to home, and the revenue from businesses helps offset the tax rate for residents. Legal Review: N/A Fiscal Impact: $50,000 as budgeted in the FY24 General Fund. Recommendation: Staff recommends approval. 9 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7614 File ID: Type: Status: 2023-7614 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/19/2024File Created: Final Action: MinutesFile Name: Title: Consider approval of the Minutes: August 13, 2024. Notes: Sponsors: Enactment Date: CM 2024-08-13.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7614 Title Consider approval of the Minutes: August 13, 2024. Summary Page 1City of Coppell, Texas Printed on 8/23/2024 10 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, August 13, 2024 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Jim Walker;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;Ramesh Premkumar;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Managers Traci Leach and Kent Collins, City Attorney Bob Hager, and City Secretary Ashley Owens. The City Council of the City of Coppell met in Regular Session on Tuesday, August 13, 2024, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Work Session at 5:32 p.m. Work Session (Open to the Public) 1st Floor Conference Room2. A.Discussion regarding agenda items. B.Discussion on City Council’s 2024-2025 Fiscal Year Budget. Presented in Work Session Regular Session Mayor Wes Mays adjourned the Work Session at 7:04 p.m. and convened into Page 1City of Coppell, Texas 11 August 13, 2024City Council Minutes the Regular Session at 7:30 p.m. Invocation 7:30 p.m.3. Sumesh Jacob with First United Methodist Church gave the Invocation. Pledge of Allegiance4. Mayor Wes Mays led the audience in the Pledge of Allegiance. Citizens’ Appearance5. Mayor Wes Mays asked for those who signed up to speak: 1) Thomas Burrows, 138 Wynnpage, spoke in regards to street lights not working. Consent Agenda6. A.Consider approval of the Minutes: July 22, 2024, July 23, 2024, and July 29, 2024. A motion was made by Councilmember Don Caroll, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through E be approved. The motion passed by an unanimous vote. B.Consider approval of Change Order #1, in the amount of $30,000, to Entrust One Custodial Services contract, at Coppell Arts Center; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Don Caroll, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through E be approved. The motion passed by an unanimous vote. C.Consider approval of Change Order #1, in the amount of $30,000, to Andy Frain Security Services contract, at Coppell Arts Center; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Don Caroll, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through E be approved. The motion passed by an unanimous vote. D.Consider approval to purchase PC's from Dell Marketing LP, DIR contract# DIR-TSO-3763 for replacement of existing PC's as provided in the Enterprise Solutions Replacement Fund in the amount of $180,497.68; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Don Caroll, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through E be approved. The motion passed by an unanimous vote. Page 2City of Coppell, Texas 12 August 13, 2024City Council Minutes E.Consider approval and adoption of the City of Coppell Investment Policy. A motion was made by Councilmember Don Caroll, seconded by Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A through E be approved. The motion passed by an unanimous vote. End of Consent Agenda 7.Consider approval of a maximum proposed tax rate of $0.46222 for the 2024 tax year and to set the Public Hearings on the budget and proposed tax rate for the regularly scheduled City Council Meeting on August 27, 2024, at 7:30 p.m. Director of Strategic Financial Engagement Kim Tiehen gave a presentation to City Council. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Don Carroll, to approve the agenda item. The motion passed by an unanimous vote. City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 8. City Manager Mike Land gave the following updates: Utility Billing Kiosk out of service – We have had recent instances of the kiosk malfunctioning and “spitting” the check back out. This type of malfunction poses a number of risks for our customers, so we are working with our vendor to either repair or replace the equipment. Utility Billing, Library and Facilities staff members are preparing the Library Book Drop for the acceptance of water bill payments. Beginning on Thursday, August 15, customers will be able to place their check payments in the Library Book Drop box in front of Town Center. Please do not insert cash in the Library Book Drop. Utility Bill staff will work with Community Information Office staff to publicize this change. S Belt Line –The contractor is installing the electrical service for the digital sign. Woodhurst - All the water, sewer and storm drains have been installed. Street paving from Cul De Sac to Hillhaven is complete and sidewalks are being constructed. DART –  They completed the Freeport Parkway crossing and the Southwestern Crossing. They will be closing one lane on South Coppell road beginning 8/19. FS #5 – The storm drain installation in Moore Rd. is complete and the roadway is back open. They are continuing onsite utility improvements. Mayor and Council Reports on Recent and Upcoming Events.9. Page 3City of Coppell, Texas 13 August 13, 2024City Council Minutes Do you want to get involved in your community and make a difference? Apply to serve on one of the City of Coppell’s Boards and Commissions! Learn more about the boards at coppelltx.gov/boards. The application period will begin August 26th and go through September 20th. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 10. Mayor Wes Mays reminded the audience to keep the family of Fort Worth Police Sergeant Billy Randolph, who was killed in the line of duty on Monday morning, in their prayers. Necessary Action from Executive Session11. There was no Executive Session. Adjournment12. There being no further business before this Council, the meeting adjourned at 7:43 p.m. ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 4City of Coppell, Texas 14 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7545 File ID: Type: Status: 2023-7545 Agenda Item Consent Agenda 1Version: Reference: In Control: Public Works 07/01/2024File Created: Final Action: E. Bethel No Parking ORDFile Name: Title: Consider approval of an Ordinance amending the Code of Ordinances, by amending Article 8-3 “Parking”, Section 8-3-1(A) of the Code of Ordinances, by making it unlawful to stop, stand, or park a vehicle at all times on a segment of Bethel Road; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Exhibit.pdf, Ordinance.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7545 Title Consider approval of an Ordinance amending the Code of Ordinances, by amending Article 8-3 “Parking”, Section 8-3-1(A) of the Code of Ordinances, by making it unlawful to stop, stand, or park a vehicle at all times on a segment of Bethel Road; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 8/23/2024 15 1 MEMORANDUM To: Mayor and City Council From: Cole Baker, EIT, Graduate Engineer Mike Garza, P.E., Director of Public Works Date: August 27, 2024 Reference: Consider approval of an ordinance amending the Code of Ordinances, by amending Article 8-3 “Parking”, Section 8-3-1(A) of the Code of Ordinances, by making it unlawful to stop, stand, or park a vehicle at all times on a segment of Bethel Road; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: The purpose of this agenda item is to consider approval of an ordinance amending the Code of Ordinances by amending article 8-3, Parking section 8-3-1(A) to add a subsection to make it unlawful to stop, stand, or park a vehicle at all times on a segment of E Bethel Road. Background: In 2002, a “no parking” zone was established for the portion of Bethel Road immediately east of Denton Tap Road due to concerns from the Creekview subdivision regarding vehicles parking adjacent to the non-residential uses near the intersection. The “no parking” zone was designated only adjacent to the commercially zoned properties so as to not impair the ability of residents to park on the roadway in front of their homes. This “no parking” area included the commercially zoned leave- out parcel located between Salon on the Creek (684 S Denton Tap Rd) and the residential subdivision to the east. In 2008, this leave-out parcel between the commercial and residential areas was rezoned from retail to residential to allow for the construction of a single-family residence. The property owner is now preparing for the construction of a residence on this property, and they have requested that the “no- parking” zone be adjusted to allow for parking in front of the proposed residence. Benefit to the Community: The proposed ordinance will provide benefit to the community by revising the no parking zone to be consistent with the zoning of the adjacent properties. 16 2 Legal Review: The ordinance has been reviewed by the City Attorney. Fiscal Impact: N/A. Recommendation: The Public Works Department recommends approval of this ordinance. 17 Proposed No Parking Revision East Bethel Road City of Coppell Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\E BETHEL RD NO PKG Created on: 29 May 2024 by Scott Latta 1/2 1/2 1 18 1 INCH = FT. 0 100 100 50 Proposed No Parking Revision East Bethel Road City of Coppell Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024.dwg\E BETHEL RD NO PKG Created on: 3 July 2024 by Scott Latta 2/2 AREA OF PROPOSED NO PARKING, STANDING OR STOPPINGS DENTON TAP ROADE BE THE L ROAD AREA OF EXISTING NO PARKING, STANDING OR STOPPING 19 1 4884-3892-2196, v. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8 ‘TRAFFIC REGULATIONS’, ARTICLE 8-3 “PARKING”, SECTION 8-3-1 ‘NO PARKING ON SPECIFIC STREETS AND IN CERTAIN SCHOOL ZONES/SCHOOL AREAS’, SUBSECTION A. OF THE CODE OF ORDINANCES BY MAKING IT UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON A SEGMENT OF BETHEL ROAD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 8 “Traffic Regulations”, Article 8-3 “Parking”, Section 8-3-1, “No parking on specific streets and in certain school zones/school areas”, Subsection A of the Code of Ordinances be, and the same is hereby amended by repealing the no parking zone on Bethel Road; and establishing a new no parking zone on Bethel Road, to read as follows: “CHAPTER 8 – TRAFFIC REGULATIONS . . . . . ARTICLE 8-3. – PARKING Sec. 8-3-1 No Parking On Specific Streets & In Certain School Zones/School Areas A. No parking on specific streets. It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following street: Airline Drive . . . . . . . . . . Banbury Road . . . . . 20 2 4884-3892-2196, v. 1 Bethel Road at all times on both sides, from its point of intersection with Denton Tap Road on the south curb line eastward for a distance of 409 feet and on the north curb line eastward for a distance of 315 feet. Bethel Road at all times beginning at the south curb line of the southeast corner of Freeport Parkway extending east for 360 feet. Bethel School Road . . . . . . . . . .” SECTION 2. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine 21 3 4884-3892-2196, v. 1 not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2024. APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 22 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7624 File ID: Type: Status: 2023-7624 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/22/2024File Created: Final Action: Abandonment Ordinance Blackberry FarmsFile Name: Title: Consider approval of an ordinance abandoning a right of way dedication all streets, alleys, sidewalks and bridges being now private streets noted as Blackberry Drive, in favor of the property owner; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Ordinance.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7624 Title Consider approval of an ordinance abandoning a right of way dedication all streets, alleys, sidewalks and bridges being now private streets noted as Blackberry Drive, in favor of the property owner; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Page 1City of Coppell, Texas Printed on 8/23/2024 23 Master Continued (2023-7624) Enhance the Unique 'Community Oasis' Experience Future Oriented Approach to Residential Development Create Business and Innovation Nodes Implement Innovative Transportation Networks Apply 'Smart City' Approach to Resource Management Sustainable Government Page 2City of Coppell, Texas Printed on 8/23/2024 24 1 4859-6224-1750, v. 1 MEMORANDUM To: Mayor and City Council From: Robert E. Hager, City Attorney Date: August 27, 2024 Reference: An Ordinance of the City of Coppell, Texas, abandoning a right of way dedication all streets, alleys, sidewalks and bridges being now private streets noted as Blackberry Drive, an Addition to the City of Coppell, Texas, and more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes, and is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the property owner; providing that such abandonment shall be the interest which the City may legally and lawfully abandon, if any; providing that said Ordinance shall constitute a quitclaim deed that may be recorded with the county clerk of Dallas County Texas; authorizing the mayor to sign; providing a severability clause, and providing an effective date. 2040: Enhance the Unique 'Community Oasis' Experience Introduction: This item is presented for Council consideration and approval of an Ordinance to abandon the public streets, alleys, sidewalks and bridges referenced in the Blackberry Farms addition, an Addition to the City of Coppell, Dallas County, Texas. Background: M&T Developers, Inc. Blackberry Farms Homeowners Association, Inc. is the owner of approximately 45.646 ± acres under the PD platted as a residential subdivision. The original plat established several residential streets, alleys and bridge as public streets. The original final plat was approved on April 20, 2021. During the development of the project, the owner/developer decided to amend the Planned Development to enlarge five (5) Phase II lots. That amendment to the Planned Development was approved. Thereafter, the owner/developer determined that private streets/alleys were preferred by the market for the residential lots. In response, staff requested a vacating plat and a new plat to reflect the above noted development changes, and it was approved by Planning and Zoning. 25 2 4859-6224-1750, v. 1 The owner/ developer attempted to submit the vacating plat and file the new plat with the county clerk in accordance with state statutes to give effect to the private street and alleys designation and Planned Development regulations. Due to an error by the County Clerk, the vacating plat was not filed and only accepted/filed the new final plat. The new final plat contained errors regarding the dedication language in the texts of the new final plat. In order to clarify and remove any future issues regarding private versus public streets and to resolve any future obligations, staff and the City Attorney requests the City Council to pass the abandonment Ordinance as to the streets and alleys and reserve all utility easements for public and franchise utilities. Benefit to the Community: This residential development will provide additional options for housing in the City of Coppell and relieves the City of Coppell of any maintenance responsibilities for the private streets in this development. Legal Review: This item was drafted by the City Attorney Fiscal Impact: None. Recommendation: The City Attorney recommends approval. 26 1 4886-8445-9477, v. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DETERMINING THAT THE RIGHT OF WAY DEDICATION, ALL STREETS, ALLEYS, SIDEWALKS AND BRIDGES ARE FOREVER ABANDONED AND SAID STREETS, ALLEYS, SIDEWALKS AND BRIDGES AND THE SAME SHALL FOREVER BE THE RESPONSIBILITY FOR MAINTENANCE AND OPERATION OF THE PROPERTY OWNER/DEVELOPER OR SUCCESSOR IN INTEREST BEING NOW PRIVATE STREETS NOTED AS BLACKBERRY DRIVE, NORTH BEND COURT, PERSIMMON DRIVE, AND WINDMILL DRIVE, AND MORE PARTICULARLY DESCRIBED IN EXHIBITS "C" DOCUMENT NO. 2024-202400119284 AND "D" DOCUMENT NO. 2024-202400119288 ALL OF WHICH ARE FILED IN THE DALLAS COUNTY DEED RECORDS, ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES, AND IS NO LONGER NEEDED OR NECESSARY FOR PUBLIC PURPOSES AND SHOULD BE, AND IS HEREBY, DISCLAIMED AND ABANDONED IN FAVOR OF THE PROPERTY OWNER/DEVELOPER OR SUCCESSOR IN INTEREST; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY DISCLAIM AND ABANDON, IF ANY; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY TEXAS; AUTHORIZING THE MAYOR TO SIGN; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell initially approved final plats which included public streets, alleys and public or franchise utilities located for Blackberry Farm Addition Phases 1 and 2, City of Coppell, Dallas County Texas and more particularly described in Exhibits "A" Document No. 2021-202100152331 and "B" Document No. 2022-202200003157 both filed in the Dallas County Deed Records attached hereto; and WHEREAS, as the owner of Blackberry Farm Addition desired to vacate the above reference dedication as to the streets, alleys, sidewalks and bridges preserved therein by filing a Replat in Documents No. 2024-202400119284 and No. 2024-202400119288; and WHEREAS, the replat continues to reference the dedication streets, alleys, sidewalks, bridges and utilities in Exhibits C and D; and WHEREAS, the owner of Blackberry Farm Addition has or will file an amended Replat to remove any reference to dedicated public streets and alleys; and 27 2 4886-8445-9477, v. 1 WHEREAS, public streets alleys, sidewalks and bridges are no longer desired or needed and amended Replat removes any dedication language in reference to the streets or alleys; and, WHEREAS, a proper appraisal has been conducted establishing the fair market value of the public street, alleys, sidewalks and bridges which were never accepted to be abandoned to be $0.00; and WHEREAS, the City of Coppell does desire to accept and maintain the drainage and utility easements referred in the Replat of Phase One and Two; and WHEREAS, the City does, however, desire to reserve and retain and accept the Utility dedication in said replat; and WHEREAS, the City of Coppell, in order to avoid confusion or unintended consequences, does hereby forever disclaim and abandon any right, title, interest and/or obligation to any public streets, alleys, sidewalks, or bridges identified in the Exhibits referenced in any Plat or, Replat or amended Plat, but desires to accept, retain and reserve any all utility, drainage utility, emergency access and limited general public access easements in Blackberry Farm Addition Phases 1 and 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas has determined that the right of way dedication all streets, alleys, sidewalks and bridges are forever abandoned and said streets, alleys, sidewalks and bridges and the same shall forever be responsibility for maintenance and operation of the property owner/developer or successor in interest being now private streets noted as Blackberry Drive, North Bend Court, Persimmon Drive, And Windmill Drive, , and more particularly described in Exhibits "C" Document No. 2024-202400119284 and "D" Document No. 2024-202400119288 all of which are filed in the Dallas County Deed Records, attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, disclaimed and abandoned in favor of the property owner/developer or successor in interest subject to the reservation in Section 2 herein. SECTION 2. The City hereby reserves all the utility, drainage utility, emergency access and limited public access easements and shall be open to the public services, fire and public units, garbage and rubbish collection agencies, and all public and private utilities for public utilities, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The maintenance of paving on the private streets, alleys, utility, sidewalks, bridges, and public access areas is the responsibility of the property owner/developer or successor in interest. No buildings, fences, trees, shrubs or other Improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of all public utilities using or desiring to use the same. All and any public utility shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other Improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective right ingress or egress 28 3 4886-8445-9477, v. 1 to or from and upon the said easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission or anyone. (any public utility shall have the right of ingress and egress to private property for the purpose of operation and any maintenance or service required or ordinarily performed by the utility) SECTION 3. That the fair market value of the said right of ways, or dedication and subject to the reservation herein are and there was no value establish or due in that abandoned herein in that the same has never been accepted, used or maintained easement being abandoned has been determined by an appraisal to be $0.00. SECTION 4. The City by abandoning said streets, sidewalks, alleys, and bridges to the property owner/developers and/or successor owners of common lots as provided in the Replat and amended Replat, and Homeowners Association covenants and this abandonment ordinance shall constitute a Quitclaim Deed in favor of the abutting property owner(s) to the south, and a certified copy of the same shall be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 5. That the abandonment provided for herein shall extend only to the public streets, alleys, sidewalks and bridges and the right, title and interest which the City of Coppell, Texas, may have in and to said streets, alleys, sidewalks and bridges, and shall be construed to not extend to the reservation set forth in Section 2 of this ordinance and only to such interests that the governing body of the City of Coppell, Texas.. SECTION 6. If any article, paragraph, subdivision, clause or provision of this ordinance, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this ordinance as a whole or any part or provision thereof, as amended hereby, other than the part so declared to be invalid or unconstitutional. SECTION 7. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the __________ day of __________ 2024. APPROVED: ________________________________________________ WES MAY, MAYOR ATTEST: ____________________________________ 29 4 4886-8445-9477, v. 1 ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY 30 5 4886-8445-9477, v. 1 EXHIBIT A 31 6 4886-8445-9477, v. 1 EXHIBIT B 32 7 4886-8445-9477, v. 1 EXHIBIT C 33 DRAFT 8 4886-8445-9477, v. 1 EXHIBIT D 34 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7619 File ID: Type: Status: 2023-7619 Agenda Item Consent Agenda 1Version: Reference: In Control: Public Works 08/20/2024File Created: Final Action: ABC Stabilization Design/BuildFile Name: Title: Consider approval to award a Design and Build Emergency Repair Contract to Knight Erosion Control, Inc., dba KEC Engineering & Construction, for design and construction of stabilization measures for a section of streambank along Cottonwood Creek in Andy Brown Central park, utilizing the Drainage Utility District (DUD) Fund, Fund Balance, in the amount of $274,143.99; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Map.pdf, Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7619 Title Consider approval to award a Design and Build Emergency Repair Contract to Knight Erosion Control, Inc., dba KEC Engineering & Construction, for design and construction of stabilization measures for a section of streambank along Cottonwood Creek in Andy Brown Central park, utilizing the Drainage Utility District (DUD) Fund, Fund Balance, in the amount of $274,143.99; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $274,143.99 from the Drainage Utility District Fund’s Fund Balance. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 8/23/2024 35 Master Continued (2023-7619) Sustainable Government Page 2City of Coppell, Texas Printed on 8/23/2024 36 1 MEMORANDUM To: Mayor and City Council From: Aaron Tainter, P.E., Assistant Director of Public Works Mike Garza, P.E., Director of Public Works Date: August 27, 2024 Reference: Consider approval to award a Design and Build Emergency Repair Contract to Knight Erosion Control, Inc., dba KEC Engineering & Construction, for design and construction of stabilization measures for a section of streambank along Cottonwood Creek in Andy Brown Central park, utilizing the Drainage Utility District (DUD) Fund, Fund Balance, in the amount of $274,143.99; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval for a Design and Build Emergency Repair contract to Knight Erosion Control, Inc., dba KEC Engineering & Construction; for design and construction of stabilization measures for a section of streambank along Cottonwood Creek in Andy Brown Central park. The proposed Design and Build Emergency Repair contract includes $24,999 for engineering design services (Survey, Geotech, Civil and Structural design) and $249,144.99 for construction (materials, equipment, operations, and labor), for a total of $274,143.99 (design and construction). Background: In the 1990s, a portion of the existing sanitary sewer flowing east from Denton Tap Road along the south side of Cottonwood Creek was upsized to a 30-inch line and realigned to run between the north side of the Stonemeade subdivision, and the south bank of Cottonwood Creek. As part of the 1990s sewer project, two sections of creekbank in bends of Cottonwood Creek that came closest to the sewer line were protected with rock gabions. These existing sections of rock gabions appear to still be functioning and in good condition. During the extended wet weather this past spring, an unprotected section of the Cottonwood Creek south streambank approximately 40-feet long experienced a slope failure and has slumped down towards the creek channel. The streambank failure is adjacent on the downstream (east) side of the 37 2 existing western gabion protection area. The existing sewer line was not exposed by the bank slope failure, however this location needs to be repaired and protected as soon as possible to prevent further erosion and potential damage to the sewer line. The scope of this project includes design and construction of slope stabilization for the failed Cottonwood Creek embankment, and protection of the existing sanitary sewer line. The City has the responsibility to maintain this section of Cottonwood Creek because it is located in a City-owned Park. Benefit to the Community: To provide Sustainable Government the streambank stabilization measures will protect the 30-inch sewer line, prevent further erosion and reduce downstream sedimentation. Legal Review: Standard professional services agreements are periodically reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item is $274,143.99 from the Drainage Utility District Fund’s Fund Balance. Recommendation: The Public Works Department recommends approval of this contract. 38 Proposed Streambank Repair and Protection, Andy Brown Central City of Coppell Project DR24-03 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024_recover.dwg\ABC COTTONWOOD CREEK Created on: 20 August 2024 by Scott Latta 1/2 1/2 1 39 1 INCH = FT. 0 80 80 40 Proposed Streambank Repair and Protection, Andy Brown Central City of Coppell Project DR24-03 Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2024_recover.dwg\ABC COTTONWOOD CREEK Created on: 20 August 2024 by Scott Latta 2/2 AREA OF PROPOSED STREAMBANK REPAIR AND PROTECTION COTTO N W O O D C R E E K EXISTING SANITARY SEWER 40 DESIGN + BUILD COST PROPOSAL Knight Erosion Control, Inc. Date: 6/17/2024 Dba KEC Engineering & Construction TBPE No. F-23137 10751 Tube Drive Certified by: TX NCTRCA WBE/SBE Hurst, Texas, 76053 Certification No. WFWB69820N0323 Office: 817/640-4442 HUB Certification No. 1752354978400 www.kecinc.net Proposal Submitted To: City of Coppell Project Owner: City of Coppell Attn: Aaron Tainter, PE- Assistant Director of Public Works Project Name: TBD 265 E. Parkway Blvd. Project Number: TBD Coppell, Texas, 75019 Proposed Scope: Emergency Design + Build Direct: 972/304-3597 for failed slope along Cottonwood Mobile: 469/964-4731 Creek by Sanitary Sewer Line. Design + Build Email: aaron.tainter@coppelltx.gov of a MSE RRap Retaining Wall, along Cottonwood Creek, per the Kmz image Below. Note: Proposal is based on using the Town of Flower Mound’s Sole Source Contract with Knight Erosion Control, Inc. Knight Erosion Control, Inc. dba KEC Engineering & Construction, Inc. appreciates the opportunity to work with you and to provide a quotation for the following scope of work, complete and in place, for your consideration. This quotation was prepared in accordance with the information gathered per the site visit with Aaron Tainter, PE, on (6/14/2024), and as well as our General Terms and Conditions. Project Description: KEC shall provide the City of Coppell with a Design + Build, for the construction of the reinforcement of the failed Cottonwood Creek embankment and sanitary sewer line, behind 112 Flintshire Way, Coppell, Texas. The proposed scope of work is to be within the City of Coppell’s property, and at no time will impact the residence along Flintshire Way. Access for the project will come from Andrew Brown Park Central- behind the baseball fields. KEC has proposed to install air gap bridges over any existing utility/irrigation lines along the access path. KEC will utilize our timber mats to bridge our access over Cottonwood creek for access to the failed slope. KEC is proposing a design + build of an MSE RRap Retaining wall, along the failed slope of Cottonwood Creek. The proposed retaining wall will be approximately 48 LF and butt into the existing gabion wall (built by others) on the west side of proposed wall. The proposed wall will be approximately 9-12 feet tall from the toe of creek channel to high bank. The proposal will includes the access, clearing, water management, excavation of on-site materials, haul off spoils, installation of geo-grid reinforcement, gravel backfill, drainage system, and site restoration. Cost Breakdown: Engineering Design $ 24,999.00 Construction • Materials $ 86,158.52 • Equipment $ 67,035.32 • Operations $ 10,036.10 • Labor $ 85,915.05 TOTAL $ 274,143.99 41 VICINITY MAP KEC to Provide: 1. KEC will provide a copy of the Town of Flower Mounds “Sole Source Contract” to the City of Coppell. 2. Locate Utilities (Does not include a SUE LEVEL). KEC will call -in/submit state mandated utility locates. 3. The proposal includes the Engineering Design for Cottonwood Creek slope stabilization and protection of the existing sanitary sewer line. Proposed Design to include the following: a. Topographic Survey of failed creek embankment b. Geotechnical borings with Report c. Civil Design i. Cover Page ii. Erosion Control Plan iii. Grading Plan with Cut & Fill Calculations iv. Flood Study d. Structural Design i. Global Stability ii. Factors of Safety iii. Cross Section Details iv. Plan & Profile v. Weekly On-site Inspections by 3rd Party with As Built Letter to Owner upon completion. 4. KEC has included one (1) Mobilization of our equipment, equipment and personnel as required to perform our scope of work as outline above. In the scenario that KEC must demobilize due to proposed scope of work not being ready, KEC will bill each mobilization at a rate of $2,500.00, after initial mobilization. 5. The proposal includes the installation and removal of the temporary access road. KEC proposes to install and maintain an access road approximately- 12’ wide access road using plywood and air gap bridges for 600 feet. 42 6. Staging Area- a. KEC is to be provided with a staging area suitable for construction equipment and materials. b. Andrew Brown Park Central (East side of Denton Tap Road) i. KEC would require the first 6-8 parking spots near the project site. The staging area would be roped off with temporary orange safety fencing. 7. Site Cleanup/Restoration a. Parking lot staging area to be swept with skid steer sweeper upon completion. b. Access Road/Path to be removed, hauled off, and all ruts to be smoothed out with topsoil. c. Air Gaps and Creek crossing to be removed and hauled off site. d. Project Site i. SC-250 turf matting to be installed on slopes greater than a 1:3 and seeded with a mix of Bermuda and rye mix. ii. All excavated materials to be hauled off site. Specific Exclusions: 1. The proposal does not include the cost of bonding. If required, KEC will invoice for an additional 3% of the contract. 2. The proposal does not include permits for construction. All necessary permits, if required, are to be provided by the City/Owner, before mobilization. 3. The proposal does not include tax on material goods. 4. The location of existing utilities and other conflicts below-grade shall be performed by others and provided to KEC for coordination prior to mobilizing on -site for the proposed work. 5. The proposal does not include sod replacement 6. The proposal does not include irrigation repairs. Irrigation repairs to be by others . 7. The proposal does not include traffic control. If traffic control is required, KEC will bill at a rate of $5,500.00/Month. 8. The proposal does not include installing temporary, permanent fencing or guard rails. 9. The proposal does not include planting trees or shrubs that may be disturbed, damaged, or removed during construction. 10. The proposal does not include any electrical work to be performed by KEC. Any electrical work will need to be performed by a licensed electrician, at no cost to KEC. General Terms and Conditions: 1. The freight for this project is site specific and is subject to change based on location. 2. KEC has provided pricing based on current market conditions. No escalations or contingencies have been included for future labor, equipment, or material increases. a. If the project is planned for a future year, then add 7.5% increase to project total, per year. 3. This proposal is contingent upon the understanding that there are no conflicts with any underground or overhead lines, wires, pipes, structures, or easements with the work as proposed. All location of utilities and/or conflicts shall be by others. 4. All material is guaranteed to be as specified and the above work to be performed in accordance with any drawings and/or specifications submitted for above work and completed in a workmanlike manner for the amount listed above 5. The Work shall be performed in accordance with construction industry standards. Contractor may offer engineering services as part of its scope of work. If so, Contractor shall provide such services in accordance with the appropriate applicable standard of care. Such engineering services are limited to those specifically described in this Proposal/Agreement. Any latent or subsurface conditions or conditions not known to Contractor at the time this Proposal/Agreement is prepared are excluded from Contractor’s Work and any additional work required as a result shall be performed as an extra charge. 6. At the time Work starts, Owner will provide Contractor with exclusive access and use of all areas where the Work is to be performed and such additional areas as reasonably necessary to perform the Work without interruption. The owner shall ensure no unauth orized persons enter into the Work area while Work is ongoing. 43 7. Owner is entitled to order changes to the Work consisting of alterations in, additions to, or omissions from the agreed-upon scope, and Owner authorizes Contractor to adjust the Contract price accordingly. Contractor reserves the right to perform any changed or additional work with Owner’s verbal instruction, but shall not be required to perform any such work without written authorization. 8. Payment Terms: A Deposit of 5% of the Contract Total Contract, shall be paid no later than the day prior to mobilization or commencement of Work, said payment being a pre-condition to Contractor’s obligation to deliver materials or begin work. Monthly Draw will be based on a percentage of work completed. The balance is due upon completion of the work. Interest of 1.5% per month will be charged for all unpaid work. Owner acknowledges that payment in full for Contractor’s work is a pre -condition to Contractor’s obligation to honor its Warranty obligation hereunder. 9. Additional exclusions. Any latent or subsurface conditions, or conditions which were not known to Contractor or reasonably discoverable are excluded from Contractor's scope. This includes, but is not limited to, information regarding the site or site conditions known or which should have been known by Owner and disclosed to Contractor prior to Contractor’s commencement of work, any subsurface conditions not identified by Contractor’s engineer at the time a global stability or other analysis was performed, and any items of work outside those specifically included in the project plans and specifications. The exclusions contained in the Warranty separately provided by Contractor are incorporated herein by reference. 10. Warranties. The contractor warrants its work for one year following substantial completion. THE WARRANTIES EXPRESSLY STATED OR REFERRED TO HEREIN ARE EXCLUSIVE AND IN LIUE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED. 11. Any dispute between Contractor and Owner arising out of or relating to this Agreement or the breach thereof, shall first be subject to mediation. In the event mediation is unsuccessful, said dispute shall be decided by arbitration conducted by the American Arbitration Association. Owner waives its right to participate in any class action suits or claims against Contractor. The prevailing party in any dispute shall be entitled to its attorney’s fees and all other costs incurred therein. The arbitrator’s awar d shall be final, and judgement may be entered upon it in any Court having jurisdiction thereof. The Parties waive any claims for consequential or exemplary damages. Contractor’s aggregate cumulative liability arising out of or related to this Contract shall not exceed the total amount of all money actually paid to Contractor under this Contract, without regard to whether any other provisions of this Contract have been breached or proven ineffective. Owner grants Contractor the right to place a contractual lien against Owner’s property and to foreclose on that lien in the event of non -payment. 12. In case any one or more of the provisions contained in this Agreement are determined to be invalid, illegal, or unenforceable in any respect, such provision shall be modified to the minimum extent necessary for enforceability. To the extent it cannot be so modified, the Agreement shall be construed as if such provision(s) had never been contained herein. 13. Proposal may be withdrawn by KEC, if not accepted within 60 days. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Workers’ Compensation and Public Liability Insurance on above work will be supplied by Knight Erosion Control, Inc. dba KEC Engineering & CONSTRUCTION. Respectfully submitted by Knight Erosion Control, Inc. dba KEC Engineering & CONSTRUCTION Per Russell Hergesell Russell Hergesell- Vice President of Sales 44 Exhibit A: Photo Andy Brown Park Central Cottonwood Creek Streambank Failure 3 Approximate location of existing 30-inch sanitary sewer North Cottonwood Creek Streambank Failure 45 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7616 File ID: Type: Status: 2023-7616 Agenda Item Consent Agenda 1Version: Reference: In Control: Fire 08/20/2024File Created: Final Action: LSP Building ExtensionFile Name: Title: Consider approval to award Bid #Q-0824-02 LSP (Life Safety Park) Storage Expansion, for extension of the vehicle storage building, in the amount of $139,162.85, to Triton GC, LLC; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Bid.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7616 Title Consider approval to award Bid #Q-0824-02 LSP (Life Safety Park) Storage Expansion, for extension of the vehicle storage building, in the amount of $139,162.85, to Triton GC, LLC; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $139,162.85 as budgeted in the General Fund for FY2024. Staff Recommendation: The Fire Department and the Public Works Department recommend approval of this contract. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 8/23/2024 46 Master Continued (2023-7616) Sustainable Government Page 2City of Coppell, Texas Printed on 8/23/2024 47 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Jamie Brierton, Capital Programs Administrator Date: August 27, 2024 Reference: Consider approval to award Bid #Q-0824-02 LSP (Life Safety Park) Storage Expansion, for extension of the vehicle storage building, in the amount of $139,162.85, to Triton GC, LLC; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: This agenda item is being presented to consider approval of a contract to Triton GC, LLC for the extension of the vehicle storage building at Life Safety Park, in the amount of $139,162.85, as budgeted. Background: Life Safety Park, which opened its doors in January 2017, is dedicated to offering life safety education for both children and adults in the community. The facility also provides meeting spaces for local organizations, with programs designed to promote a lifetime of safe living. During the park's initial construction, the vehicle storage building was reduced to 967 square feet through value engineering. As a result, the building does not have adequate space to safely store battery-operated vehicles and their maintenance equipment. Additionally, current storage for essential items is being dispersed throughout the facility. Expanding the vehicle storage building by 760 square feet would offer extra space for safely storing battery-operated vehicles and their maintenance equipment while centralizing the storage of frequently used supplies—such as ceiling tiles, paint, carpet, tables, chairs, battery-operated vehicles, bicycles, and educational props. Benefit to the Community: The expansion of the vehicle storage building would enable employees to more effectively manage educational lessons in Safety Town and more efficiently store essential supplies. 48 2 Legal Review: The City’s standard construction contract has been reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item is $139,162.85 as budgeted in the General Fund for FY2024. Recommendation: The Fire Department and the Public Works Department recommend approval of this contract. 49 50 51 52 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7611 File ID: Type: Status: 2023-7611 Agenda Item Public Hearing 1Version: Reference: In Control: City Council 08/19/2024File Created: Final Action: St. Ann's 2024File Name: Title: PUBLIC HEARING: Consider approval of a Resolution granting a distance variance of two hundred and forty-one (241') feet to St. Ann’s Catholic Parish for a temporary event, from the 300-foot prohibited requirement, for the on-premise sale of alcoholic beverages, with an address being 180 Samuel Boulevard; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Application.pdf, Layout.pdf, Resolution.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7611 Title PUBLIC HEARING: Consider approval of a Resolution granting a distance variance of two hundred and forty-one (241') feet to St. Ann’s Catholic Parish for a temporary event, from the 300-foot prohibited requirement, for the on-premise sale of alcoholic beverages, with an address being 180 Samuel Boulevard; and authorizing the Mayor to sign. Summary Fiscal Impact: N/A Staff Recommendation: Staff recommends approval. Page 1City of Coppell, Texas Printed on 8/23/2024 53 Master Continued (2023-7611) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 8/23/2024 54 1 MEMORANDUM To: Mayor and City Council From: Ashley Owens, City Secretary Date: August 27, 2024 Reference: PUBLIC HEARING: Consider approval of a Resolution granting a distance variance of two hundred and forty-one (241') feet to St. Ann’s Catholic Parish for a temporary event, from the 300- foot prohibited requirement, for the on-premise sale of alcoholic beverages, with an address being 180 Samuel Boulevard; and authorizing the Mayor to sign. 2040: Sustainable City Government Introduction: This item is presented for Council consideration and approval of a Resolution to grant a variance to St. Ann’s Catholic Parish to allow on-premise alcohol sales for their annual carnival. City Council has granted St. Ann’s request for a beer garden for the past two years. This year, St. Ann’s is requesting the same variance for their upcoming carnival. The beer garden would allow the sale of alcoholic beverages for on-premise consumption at 180 Samuel Boulevard during the dates and times of the carnival as shown below. Background: St. Ann’s Catholic Parish is holding their annual carnival on the dates and times listed below: Friday, September 6, 2024 – 5 to 11 p.m. Saturday, September 7, 2024 – 10 a.m. to 11 p.m. Sunday, September 8, 2024 – 1 to 6 p.m. Texas Alcoholic Beverage Commission (TABC) requires non-profit entities to obtain a temporary event permit for the sale of alcoholic beverages at an event sponsored by the permit holder. Along with obtaining the permit from TABC, the non-profit entity must have approval from local officials. The request before the Council tonight is one step in a process that St. Ann’s must complete to receive their TABC permit. The variance is requested for the location at 180 Samuel Boulevard. The property line of the church is within 300’ feet of Coppell Early Care and Education, located at 103 Samuel Boulevard. 55 2 Staff contacted the school in regard to their hours of operation. The school closes on Fridays at 6:30 p.m., this will be the only time that the school and carnival will be in operation at the same time. The school is closed on Saturdays and Sundays. If granted, the distance variance will begin at 12:01 am, Thursday, September 5, 2024, through 12:01 a.m., Monday, September 9, 2024. Notice of Public Hearing was placed in the Irving Rambler on August 17th. As of the posting of this agenda, the City Secretary’s Office has not received any feedback regarding the request or the Public Hearing. Benefit to the Community: The proceeds from St. Ann’s carnival assists the church in their efforts to build a sense of community. Legal Review: Resolution was prepared by City Attorney Bob Hager. Fiscal Impact: N/A Recommendation: Staff recommends approval. 56 57 Sandy Lake RoadSilent Auction Parish Pub St. Ann Market Bingo Parish Pub Supplies ICEKiddylandGames of Chance4 Volunteers &Command CntrStage Entertainment Tent First Aid Power Prayer TentRestroom Power Petting Zoo Cake Walk Samuel Blvd. 5 2 2 1 1 S Dumpster Food U turnSt. Ann MarketUnloading zoneSAM Unloading Kettle CornWalkway WalkwayATM ATM ATM Food DumpsterDumpster Obstacle CourseSnake Tent SponsorsTTT Tickets PoliceRestroom CityTrailer40 x120 Face Painting 3 Grills & Roaster 30 x120 66 x148 331 Tickets 330 323 Cenacle Assissi Hall 311-314 Cakes 315 Version 2024-06-23 TTT TTT TTT Restroom 58 1 RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF TWO HUNDRED AND FORTY-ONE (241') FEET TO ST. ANN’S CATHOLIC PARISH FOR A TEMPORARY EVENT, LOCATED AT 180 SAMUEL BOULEVARD, COPPELL, TEXAS, AS PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 6-16 of the Code of Ordinances places certain distance prohibitions from churches, schools, and day cares to businesses that sell or offer to sell alcoholic beverages; and WHEREAS, the City Council may grant a variance to such business upon proof that the best interest of the public are not served by strict compliance with the regulations; and WHEREAS, St. Ann’s Catholic Parish (hereinafter, “Applicant”) is located within 300 feet of a church, school or day care; and WHEREAS, the Applicant has provided sufficient proof that such regulation constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not effective or necessary after consideration of the health, safety and welfare of the public; and, WHEREAS, the City Council has determined that the best interest of the community will be served by a grant of such variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That a variance of two hundred and forty-one (241') feet shall be granted to St. Ann’s Catholic Parish, located at 180 Samuel Boulevard, Coppell, Dallas County, Texas, as provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell. SECTION 2. That the variance granted herein from 12:01 am, Thursday, September 5, 2024, through 12:01 a.m., Monday, September 9, 2024, is in personam to the above-named Applicant and shall expire as provided herein or upon relinquishment of any permit authorized by the TEXAS ALCOHOLIC BEVERAGE COMMISSION or its successor. 59 2 SECTION 3. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2024. APPROVED: ___________________________________ WES MAYS, MAYOR ATTEST: ______________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 60 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7605 File ID: Type: Status: 2023-7605 Agenda Item Public Hearing 1Version: Reference: In Control: Finance 08/14/2024File Created: Final Action: Public HearingFile Name: Title: PUBLIC HEARING: To receive public comment on the proposed 2024-25 Budget for the Coppell Crime Control and Prevention District. Notes: Sponsors: Enactment Date: Memo.pdf, Proposed Budget.pdf, First Public Hearing Notice.pdf, Second Public Hearing Notice.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7605 Title PUBLIC HEARING: To receive public comment on the proposed 2024-25 Budget for the Coppell Crime Control and Prevention District. Summary Page 1City of Coppell, Texas Printed on 8/23/2024 61 MEMORANDUM To: From: Date: Mayor and City Council Kim Tiehen, Director of Strategic Financial Engagement August 27, 2024 Reference: Public Hearing on the proposed 2024-25 Budget for the Coppell Crime Control and Prevention District 2040: Sustainable Government Introduction: This agenda item is presented to hold a public hearing and consider for approval the FY25 Crime Control and Prevention District budget. Pursuant to Chapter 363 (363.205) of the Local Government Code, the governing body that created the district shall hold a public hearing on the budget adopted by the Board. Any resident of the district is entitled to be present and participate at the hearing. Background: The Crime Control Board held a public hearing on June 11, 2024. No citizens were present to speak. The Board closed the public hearing and approved the budget as presented. Benefit to the Community: The proposed budget of the Coppell Crime Control Prevention District includes funding that continues to demonstrate good stewardship of City resources and provide for the safety of the community through a partnership with the school district that provides School Resource Officers at each school, and a joint venture with neighboring cities to effectively and efficiently provide E-911 and jail services. Legal Review: This agenda item was reviewed by legal counsel during the Council Agenda Packet Review Process. Fiscal Impact: N/A Recommendation: N/A 62 Actual Adopted FY 24 Budget FY 25 Budget Description 22‐23 23‐24 Amended Proposed Sales Tax  $6,219,870 $3,502,490 $6,302,490 $3,940,115  Sales Tax Recovery 31,485 0 0 0  Interest Income 1,225,509 20,000 20,000 300,000  Salary Reimbursement 239,617 700,368 700,368 0  Total Revenue  $7,716,481  $4,222,858  $7,022,858  $4,240,115  Salary & Benefits  $1,002,507 $1,867,648 $1,867,648 $1,974,960  Supplies 98,411 227,330 347,831 227,330  Services 1,741,240 1,721,550 2,041,424 3,104,238  Capital Outlay 153,775 0 629,572 0  Transfer Out 174,640 394,389 394,389 159,535  Total Expenditure  $3,170,573  $ 4,210,917  $ 5,280,864  $ 5,466,063  Net 4,545,908 11,941 1,741,994 (1,225,948) Fund Balance Beginning Balance $ 20,023,950 $ 24,569,858 $ 24,569,858 $ 26,311,852  Ending Balance $24,569,858 $24,581,799 $26,311,852 $25,085,904  Crime Prevention District Special Revenue The Crime Prevention District special revenue fund is restricted to crime prevention programs and services.  Revenues come primarily from the ¼ cents sales tax, which are expected to decrease due to changes at the  State level. Expenditures in FY2025 include the School Resource Officer program, jail services, and the joint  emergency dispatch center.  Sales Tax 92.92% Interest Income 7.08% 2024‐25 Revenues Salary &  Benefits 36.13% Supplies 4.16%Services  56.79% 2024‐25 Expenditures Transfer  Out  2.92% 63 Position/Title Pay Grade 22-23 23-24 24-25 Deputy Police Chief 27 0 0 0 Police Sergeant PD 4 1 1 1 Police Corporal PD 3 0 0 0 Police Officer PD 2 5 13 13 Systems Administrator 21 0 0 0 Crime Analyst 12 0 0 0 Terminal Agency Coordinator 9 1 1 1 Total 7 15 15 20-21 21-22 22-23 23-24 24-25 Safety and Security Initiatives N/A N/A N/A N/A 125 Schools with a dedicated SRO 6 6 6 5 13 Schools "Adopted" by Patrol 10 10 10 10 0 Performance Measures Fund: Special RevenueDepartment: Crime Prevention District ❶ ❷ ❸ Mission The Crime Prevention District facilitates the Coppell Police Department's efforts to maintain a safe community environment. This is accomplished by providing quality programs and services such as our School Resource Officers (SRO), Community Services Crime Prevention Officer programs and jail services. The district also provides funding for public safety communications, which is done in collaboration with our partner cities through the North Texas Emergency Communications Center (NTECC). Authorized Personnel FY2025 Key Goals & 2040 Pillars Supported Support the CISD and provide education to the younger citizens of Coppell with the School Resource Officer program, youth engagement programs, and various safety education classes, including the self-defense for women course offered to high school senior girls. Continue to engage our citizens through our perennially award-winning National Night Out program. 64 MEMORANDUM Date: August 8, 2024 To: Rambler From: Jesica Almendarez, Budget Officer City of Coppell Subject: Notice of Public Hearing Coppell Crime Control and Prevention District Please publish the following Notice of Public Hearing on August 17, 2024: NOTICE OF PUBLIC HEARING PROPOSED 2024-2025 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2024-2025 Budget. The Public Hearing will be held on August 27, 2024, 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 by August 5th for public view in the William T. Cozby Public Library and Community Commons or 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 seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or another designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Please contact me if you have any questions or need additional information. I can be reached at (972) 462-5305. Thank you. 65 MEMORANDUM Date: To: From: Subject: August 8, 2024, Gazette Jesica Almendarez, Budget Officer City of Coppell Notice of Public Hearing Coppell Crime Control and Prevention District Please publish the following Notice of Public Hearing on Sunday, August 18, 2024: NOTICE OF PUBLIC HEARING PROPOSED 2024-2025 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas to receive public comment concerning the Proposed 2024-2025 Budget. The Public Hearing will be held on August 27, 2024, 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 by August 5th for public view in the William T. Cozby Public Library and Community Commons or 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 seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or another designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1- 800-735-2989). Please contact me if you have any questions or need additional information. I can be reached at (972) 462-5305. Thank you. 66 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7606 File ID: Type: Status: 2023-7606 Agenda Item Public Hearing 1Version: Reference: In Control: Finance 08/14/2024File Created: Final Action: Public HearingFile Name: Title: PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 Municipal Budget and consider approval of an Ordinance approving and adopting the budget for the City of Coppell, Texas for the fiscal year of October 1, 2024, through September 30, 2025; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, First Public Hearing Notice.pdf, Second Public Hearing Notice.pdf, Ordinance.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7606 Title PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 Municipal Budget and consider approval of an Ordinance approving and adopting the budget for the City of Coppell, Texas for the fiscal year of October 1, 2024, through September 30, 2025; and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 8/23/2024 67 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Strategic Financial Engagement Date: August 27, 2024 Reference: Public Hearing and Approval of an Ordinance for the proposed 2024-25 Municipal Budget 2040: Sustainable Government Introduction: The purpose of this agenda item is two-fold. As required by the City Charter and State Law, this item will allow the Council to hold the required public hearing to receive public input concerning the proposed 2024-25 Municipal Budget. The companion action required after the conclusion and closure of the public hearing is the approval of an Ordinance to establish the City of Coppell FY 2024-25 Annual Budget. Background: Pursuant to the City Charter and Local Government Code Section 102.006, a public hearing will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the proposed 2024-25 Municipal Budget. At this hearing, taxpayers must have the opportunity to express their views on the proposed budget. At the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget (Local Government Code Section 102.007). Pursuant to City Charter, the proposed budget was filed with the City Secretary on August 5, 2024. It is also available for viewing at the Cozby Library and Community Commons as well as on the City’s website. The notices of public hearing were included in the August 17 and August 18 publications of the Rambler and Gazette, respectively, to comply with Section 102.0065(c) of the Local Government Code. 68 In addition to tonight’s public hearing, the City held three (3) budget workshops in July with Council that were open to the public. The budget filed with the City Secretary on August 5, 2024, was presented and discussed during the budget workshops and includes direction provided by Council. Texas Local Government Code 102.007, states, “at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. A vote to adopt the budget must be a record vote.” Approval to adopt the FY 2024-25 Annual Budget for the City of Coppell for the period of October 1, 2024, through September 30, 2025, establishes total expenditures of all funds of the City at $180,057,865. Total expenditures of the General Fund are approximately $105.6 million and includes a one-time transfer of approximately $31 million to the Infrastructure Maintenance Fund to fully fund facility and traffic projects for the next five years. Excluding that one-time transfer, General Fund maintenance and operations expenditures total $74.5 million and total revenues are estimated to be $74.6 million. In addition to the General Fund, this budget includes the Special Revenue Funds, the Water and Sewer Fund, the Internal Service Funds and the Debt Service Funds. Benefit to the Community: The proposed budget includes funding that continues to provide the service level the community expects and includes Council initiatives that support the 2040 Strategic Plan. Both accomplished through a tax rate that effectively increases the tax on the average homestead by 3.13% which is less than inflation. Although the average taxable home value increased 9.73%, the 3.13% or $75.36 annual increase in the average property tax bill was achieved by lowering the property tax rate 6.02%. Legal Review: This agenda item was reviewed by legal during the Council packet review process. Fiscal Impact: N/A Recommendation: N/A 69 MEMORANDUM Date: August 13, 2024 To: Rambler From: Jesica Almendarez, Budget Officer City of Coppell Subject: Notice of Public Hearing Proposed Budget Please publish the following Notice of Public Hearing on August 17, 2024: NOTICE OF PUBLIC HEARING PROPOSED 2024-2025 BUDGET CITY OF COPPELL A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2024-2025 Budget. The Public Hearing will be held on August 27, 2024, 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 is on file for public view in the William T. Cozby Public Library and Community Commons or on the City’s website. THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $ 2,384,995 AND 4.61%, AND OF THAT AMOUNT, $191,213 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR. 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 seventy-two (72) hours – three (3) business days ahead of the scheduled 70 program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or another designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1- 800-735-2989). Please contact me if you have any questions or need additional information. I can be reached at (972) 462-5305. Thank you. 71 MEMORANDUM Date: August 13, 2024 To: Gazette From: Jesica Almendarez, Budget Officer City of Coppell Subject: Notice of Public Hearing Proposed Budget Please publish the following Notice of Public Hearing on August 18, 2024: NOTICE OF PUBLIC HEARING PROPOSED 2024-2025 BUDGET CITY OF COPPELL A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2024-2025 Budget. The Public Hearing will be held on August 27, 2024, 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 is on file for public view in the William T. Cozby Public Library and Community Commons or on the City’s website. THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $ 2,384,995 AND 4.61%, AND OF THAT AMOUNT, $191,213 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR. 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 seventy-two (72) hours – three (3) business days ahead of the scheduled 72 program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or another designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1- 800-735-2989). Please contact me if you have any questions or need additional information. I can be reached at (972) 462-5305. Thank you. 73 ORDINANCE NO. 2024-____ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2024-2025; and WHEREAS, the City Council of the City of Coppell has received the proposed budget, a copy of which proposed budget and all supporting schedules has been filed with the City Secretary of the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2024, and ending September 30, 2025 as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2024, and ending September 30, 2025. SECTION 2. That the sum of $180,057,865 is hereby appropriated for the expenditures established in the approved budget, attached hereto as Exhibit “A” and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer designated appropriations to any individual department or activity. SECTION 4. That all notices and public hearings required by law have been duly completed. SECTION 5. That all 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 the Ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid. 74 SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 27th day of August 2024. APPROVED: ___________________________ MAYOR WES MAYS ATTEST: ___________________________ CITY SECRETARY ASHLEY OWENS APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY 75 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7607 File ID: Type: Status: 2023-7607 Agenda Item Public Hearing 1Version: Reference: In Control: Finance 08/14/2024File Created: Final Action: Public HearingFile Name: Title: PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 tax rate of $0.462222 and consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the tax year 2024 at $0.462222 on each one hundred dollars ($100) assessed value of taxable property, on which $0.392071 is for operations and maintenance and $0.070151 is for interest and sinking; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Graphic.pdf, Ordinance.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7607 Title PUBLIC HEARING: To receive public comment concerning the proposed 2024-25 tax rate of $0.462222 and consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the tax year 2024 at $0.462222 on each one hundred dollars ($100) assessed value of taxable property, on which $0.392071 is for operations and maintenance and $0.070151 is for interest and sinking; and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 8/23/2024 76 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Strategic Financial Engagement Date: August 27, 2024 Reference: Conduct Public Hearing and Consider approval of an Ordinance to levy an ad valorem tax for the tax year 2024 at $0.462222. 2040: Sustainable Government Introduction: The purpose of this agenda item is two-fold. First, this item will allow the Council to hold the required public hearing on the proposed tax rate. The companion action required after the conclusion and closure of the public hearing is the approval of an Ordinance to levy an ad valorem tax for the tax year 2024 at $0.462222, pursuant to the Property Tax Code’s Truth-in-Taxation legal requirements for setting a property tax rate. The Property Tax Code’s Truth-in-Taxation legal requirements have been satisfied and the approval of this Ordinance is required to fund the City of Coppell’s FY 2024-25 Annual Budget. Background: The Texas Property Code specifies the actions a municipality must take to adopt the tax rate. Texas Property Tax Code Section 26.05(d) states, “The governing body of a taxing unit other than a school district may not adopt a tax rate that exceeds the lower of the voter-approval tax rate or the no-new-revenue tax rate calculated as provided by this chapter until the governing body has held a public hearing on the proposed tax rate and has otherwise complied with Section 26.06 and Section 26.065.” As required by Texas Property Tax Code Section 26.06, attached is the notice that was published in both the Rambler and the Gazette newspapers on August 17 and 18, 2024, respectively. The full-page ads were identical and due to the file size, only The Rambler ad is included in the agenda packet. The public hearing and vote on the tax rate will be at the regular Council meeting on August 27, 2024. 77 This item is being presented for approval to adopt the FY 2024-25 ad valorem tax rate of $0.462222 per $100 of assessed valuation. The property tax rate is divided into two parts, with $0.392071 or 84.82% being used for operations, and the remaining $0.070151 or 15.18% of the tax rate for the annual debt service requirements. This tax rate is $0.029596 cents lower than last year’s property tax rate which is a 6.02% decrease in the property tax rate. Benefit to the Community: The proposed budget includes funding that continues to provide the service level the community expects and includes Council initiatives that support the 2040 Strategic Plan. Both accomplished through a tax rate that effectively increases the tax on the average homestead by 3.13% which is less than inflation. Although the average taxable home value increased 9.73%, the 3.13% or $75.36 annual increase in the average property tax bill was achieved by lowering the property tax rate 6.02%. Legal Review: This agenda item was reviewed during the Council packet review process. Fiscal Impact: Approval of this ordinance supports the adopted budget. Recommendation: The Strategic Financial Engagement Department recommends approval of this Ordinance. 78 79 ORDINANCE NO. 2024-____ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2024 AT A RATE OF .462222 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2024; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the property tax rate for the year 2024-2025 will decrease by the adoption of $0.462222. WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.499%, WHICH IS THE AMOUNT THAT THE MAINTENANCE AND OPERATIONS TAX RATE EXCEEDS THE NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $-29.60. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That there be and is hereby levied for the year 2024 on all taxable property, real, personal, and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of .462222 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a tax of $.392071 on each One Hundred Dollars ($100) assessed value of all taxable property. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.070151 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding bonds. THIS TAX RATE WILL RAISE MORE TAXES FOR INTEREST AND SINKING THAN LAST YEAR’S TAX RATE. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2024 and all ad valorem taxes for the year shall become delinquent after January 31, 2025. There shall be no discount for payment of taxes prior to said January 31, 2025. A delinquent tax shall incur all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. 80 Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent for each month or portion of a month the tax remains unpaid. An additional penalty on delinquent personal property taxes for tax years 2024 and subsequent years is hereby authorized and imposed as provided by Section 33.11. TEXAS PROPERTY TAX CODE, in the amount of twenty percent (20%) of the delinquent tax, penalty, and interest if tax becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter. Taxes that remain delinquent on July 1, 2025, incur an additional penalty not to exceed twenty percent of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to the contract with the City’s Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as amended. Taxes for the year 2024 and taxes for all future years that remain delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax Code Section 6.30 and Section 33.08, as amended. SECTION 3. Taxes are payable in Dallas County, Texas, at the office of the Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the tax year 2024, this ordinance shall take effect from and after its passage as the law in such cases provides. 81 DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 27th day of August 2024. APPROVED: MAYOR WES MAYS ATTEST: CITY SECRETARY ASHLEY OWENS APPROVED AS TO FORM: CITY ATTORNEY 82 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7610 File ID: Type: Status: 2023-7610 Agenda Item Agenda Ready 1Version: Reference: In Control: Finance 08/14/2024File Created: Final Action: Ratification of Tax RateFile Name: Title: Consider ratification of the vote on the FY 2024-25 annual budget which results in more revenue from ad valorem taxes than the previous year. Notes: Sponsors: Enactment Date: Memo.pdf, Cover Page.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7610 Title Consider ratification of the vote on the FY 2024-25 annual budget which results in more revenue from ad valorem taxes than the previous year. Summary See attached memorandum. Fiscal Impact: The property tax revenue increase is $2,384,995, which is a 4.61% increase from last year’s budget. The allocation of the increase in property tax revenue is $1,550,896 for the general maintenance & operations (M&O) of the City and $834,099 for principal and interest payments due during the year on bonds outstanding (Interest & Sinking (I&S)). The property tax revenue to be raised from new property added to the tax roll this year is $191,213. Staff Recommendation: The Strategic Financial Engagement Department recommends approval. Page 1City of Coppell, Texas Printed on 8/23/2024 83 Master Continued (2023-7610) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 8/23/2024 84 1 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Strategic Financial Engagement Date: August 27, 2024 Reference: Consider approval of the property tax revenue increase 2040: Sustainable Government Introduction: This agenda item is required to be considered for approval when a budget raises more revenue from property tax than in the previous year. Background: Pursuant to Section 102.007 (c) of the Texas Local Government Code, when a budget raises more revenue from property tax than in the previous year, a separate vote of the governing body is required to ratify this increase. A vote under this section is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate. Benefit to the Community: The proposed tax rate supports the proposed budget which continues to provide service to the community at the level expected and provides for Council initiatives that support the 2040 Strategic Plan. Legal Review: This agenda item was reviewed during the Council packet process. Fiscal Impact: The property tax revenue increase is $2,384,995, which is a 4.61% increase from last year’s budget with $1,550,896 for maintenance & operations and $834,099 for interest & sinking. The property tax revenue to be raised from new property added to the tax roll this year is $191,213. Recommendation: The Strategic Financial Engagement Department recommends approval. 85 CITY OF COPPELL, TEXAS ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2024-25 This budget will raise more revenue from property taxes than last year’s budget by an amount of $2,384,995, which is a 4.61 percent increase from last year’s budget. The property tax revenue to be raised from new property added to the tax roll this year is $191,213. City Council Record Vote FOR: AGAINST: PRESENT and not voting: ABSENT: Tax Rate Proposed FY 2024-25 Adopted FY 2023-24 Property Tax Rate 0.462222 0.491818 No New Revenue Rate 0.441134 0.477650 NNR M&O Tax Rate 0.378817 0.407411 Voter-Approval Tax Rate 0.462226 0.491822 Voter-Approved Tax Rate (Unused Increment) 0.464202 0.568570 Calculated Debt Rate 0.070151 0.070152 Proposed Debt Rate 0.070151 0.070152 Per Tax Code §26.04 (e-5), the calculation forms completed by Dallas County for the above No- New-Revenue and Voter-Approval rates are published on our website. The total amount of municipal debt obligation secured by property taxes for the City of Coppell is $104,560,000 86 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7623 File ID: Type: Status: 2023-7623 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Council 08/20/2024File Created: Final Action: Council Committee ReportsFile Name: Title: A.Report on Metrocrest Services - Councilmember Biju Mathew Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7623 Title A.Report on Metrocrest Services - Councilmember Biju Mathew Summary Page 1City of Coppell, Texas Printed on 8/23/2024 87