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CP 2021-01-26
o I'll""' COFFELL Tuesday, January 26, 2021 City of Coppell, Texas Meeting Agenda City Council 5:30 PM KAREN HUNT MARK HILL Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-SMITH JOHN JUN Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 MIKE LAND City Manager 255 E. Parkway Boulevard Coppell, Texas 75019-9478 As authorized by Section 418.016(e) of the Texas Government Code, on March 16, 2020, Governor Greg Abbott suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. The following requirements have been suspended by the governor: Council Chambers 1. A quorum of the city council need not be present at one physical location. Id. § 551.127(b). 2. In light of (1), above, the meeting notice need not specify where the quorum of the city council will be physically present and the intent to have a quorum present. Id. § 551.127(e). 3. In light of (1) above, the meeting held by videoconference call is not required to be open to the public at a location where council is present. Id. § 551.127(f). 4. The audio and video are not required to meet minimum standards established by Texas Department of Information Resources (DIR) rules, the video doesn't have to be sufficient that a member of the public can observe the demeanor of the participants, the members faces don't have to be clearly visible at all times, and the meeting can continue even if a connection is lost, so long as a quorum is still present. Id. § 551.127(a-3); (h); (i); Q). City of Coppell, Texas Page 1 Printed on 1/22/2021 City Council Meeting Agenda January 26, 2021 Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 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. 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 551.087, Texas Government Code - Economic Development Negotiations. A. Discussion regarding economic development prospects west of Freeport Parkway and south of Gateway Boulevard. B. Discussion regarding economic development prospects south of Bethel Road and west of S. Coppell Road. 3. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding agenda items. B. Discussion regarding the 87th Regular Legislative Agenda. C. Discussion regarding Mayor Pro Tem. D. Discussion of Finance Department Staffing. E. Discussion regarding the Magnolia Park Trail Project. F. Discussion concerning block water rate structure. G. Discussion regarding the cancellation of the March 9, 2021 City Council Meeting. Attachments: Staff Accountant Memo.pdf Rate Structure Discussion Memo.pdf Regular Session 4. Invocation 7:30 p.m. 5. Pledge of Allegiance 6. Citizens' Appearance City of Coppell, Texas Page 2 Printed on 1/22/2021 City Council Meeting Agenda January 26, 2021 Consent Agenda A. Consider approval of the minutes: January 12, 2021. Attachments: CM 2021-01-12. B. Consider approval of an Ordinance for PD -259R -SF -7&9, Blackberry Farm, a zoning change request from PD -259 -SF -7&9 (Planned Development 259 -Single-Family- 7&9) to PD -259R -SF -7&9 (Planned Development 259 Revised -Single -Family -7&9), to revise the Detail Site Plan and Conditions, to permit the development of 74 single-family lots and nine (9) common area lots, on 54.8 acres of land, located on the north side of Sandy Lake Road, approximately 750 feet northeast of Starleaf Road (Extended); and authorizing the Mayor to sign. Attachments: City Council Memo - Ordinance.pdf Ordinance.pdf Exhibit A - Legal Description.pdf Exhibit B -Detail Site Plan.pdf Exhibit C - Landscape Plan.pdf Exhibit D- Entry Feature and Common Area Lot 2X.Pdf Exhibit E -Bridge Exhibit.pdf Exhibit F - Retaininq and Screening Wall Exhibit.pdf C. Consider approval of an Ordinance for PD -250R21 R -H (Planned Development -250 -Revision 21 -Revised -Historic) to allow the coffee shop/retail to remain on the 1 st floor and to convert one of the residential units (Apt. 202) into a 2,059 square foot professional office space on the 2nd floor; on 0.24 acres of property located at 462 Houston Street; and authorizing the Mayor to sign. Attachments: City Council Memo - Ordinance.pdf Exhibit A -Legal Description.pdf Exhibit C - Old Town Parking PlaD.pdf D. Consider award of an annual contract for Parks Restroom Cleaning & Related Services to Pure Service Corporation not to exceed $75,000.00, as budgeted; and authorizing the City Manager to sign all necessary documents. Attachments: Memo.pdf I�ffflilTfi End of Consent Agenda City of Coppell, Texas Page 3 Printed on 1/22/2021 City Council Meeting Agenda January 26, 2021 8. Consider approval of a Scope of Work agreement with Aqua -Metric dated December 9, 2020 for assistance integrating Tyler Technology's Munis Utility Billing System with the Advanced Water Meter System for an amount not to exceed $84,125.00; and authorizing the City Manager to sign any necessary documents. Attachments: SOW with AguaMetric Related to PIER IV Memo far Council.pdf AMSC SOW SA 2nd Integration.gdf 9. Consider approval of an Ordinance of The City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by repealing Article 9-29, "Short Term Rentals," and replacing it with a new Article 9-29 Short Term Rentals; the provisions of this article shall expire on January 31, 2022, unless extended by Ordinance of the City Council; and authorizing the Mayor to sign. Attachments: Council Memo - Short -Term Rental Ordinance.pdf Ordinance - Short -Term Rental.pdf 10. Consider approval of a contract with Cartegraph Systems, LLC., in the amount of $288,085.00, for the purchase of an Enterprise Asset Management System (EAM); and authorizing the City Manager to sign any necessary documents. Attachments: Cartegraph EAM Memo.pdf 11. Consider approval of an amendment to the Online Business Systems (OBS) agreement, in an amount of $200,000.00, for Enterprise Asset Management (EAM) Project Management Services; and authorizing the City Manager to sign any necessary documents. Attachments: OBS EAM Memo.pdf Amendment C - PM Extension.pdf 12. Consider approval of the First Amendment to the Interlocal Agreement between City of Coppell and Dallas Area Rapid Transit for the Silver Line Regional Rail Project; and authorizing the City Manager to sign any necessary documents. Attachments: DART Enhancement ILA Memo.pdf First Amendment ILA. pdf Master ILA Executed.pdf 13. Consider approval of the cancellation of the March 9, 2021 City Council Meeting due to the date falling during Spring Break. 14. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. 15. Consider approval of a Resolution calling for the General Municipal Election for Councilmembers Place 2, 4, 6 and Mayor; and Special City of Coppell, Texas Page 4 Printed on 1/22/2021 City Council Meeting Agenda January 26, 2021 Election for Place 3 for Saturday, May 1, 2021; and authorizing the Mayor to sign and execute a Joint Election Agreement with Dallas and Denton Counties. Considerar la aprobacion de una Resolucion donde convoca una Eleccion General para miembros del consejo de los Lugares 2, 4, 6 y para Alcalde; y una Eleccion Especial para el puesto para el Lugar 3 para el sabado 1 ero de mayo del 2021; y autorizar al alcalde para firmar y ejecutar un contrato de Eleccion Conjunta con los condados de Dallas y Denton. Attachments: Resolution Ordering General and Special Election - Mayor, PI 2, 3, 4, 6.pdf 16. City Manager Reports - Project Updates and Future Agendas 17. Mayor and Council Reports Report by the City Council on recent and upcoming events. 18. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. Report on Carrollton/Farmers Branch ISD and Lewisville ISD - Mayor Pro Tem Mark Hill and Councilmember Brianna Hinojosa-Smith B. Report on Coppell ISD - Councilmembers Brianna Hinojosa-Smith and Biju Mathew C. Report on Coppell Seniors - Councilmember Gary Roden 19. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 20. Necessary Action from Executive Session 21. Adjournment Karen Selbo Hunt, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 22nd day of January, 2021, at Ashley Owens, City Secretary City of Coppell, Texas Page 5 Printed on 1/22/2021 City Council Meeting Agenda January 26, 2021 PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION 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). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. City of Coppell, Texas Page 6 Printed on 1/22/2021 C',P FE L File ID: 2021-5491 Version: 1 City of Coppell, Texas Master File Number: 2021-5491 Type: Agenda Item Reference: File Name: exec session - w of freeport, s of gateway 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Executive Session In Control: City Council File Created: 01/15/2021 Final Action: Title: Discussion regarding economic development prospects west of Freeport Parkway and south of Gateway Boulevard. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5491 Title Discussion regarding economic development prospects west of Freeport Parkway and south of Gateway Boulevard. Summary Strategic Pillar Icon: ireate III'; iusiiness wind Illininovatioin Modes City of Coppell, Texas Page 1 Printed on 1/22/2021 C',P FE L File ID: 2021-5492 Version: 1 City of Coppell, Texas Master File Number: 2021-5492 Type: Agenda Item Reference: File Name: exec session - s. of bethel, w of s coppell 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Executive Session In Control: City Council File Created: 01/15/2021 Final Action: Title: Discussion regarding economic development prospects south of Bethel Road and west of S. Coppell Road. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5492 Title Discussion regarding economic development prospects south of Bethel Road and west of S. Coppell Road. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: City of Coppell, Texas Page 1 Printed on 1/22/2021 C',P FE L City of Coppell, Texas Master 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Page 1 Printed on 1/22/2021 City of Coppell, Texas C',P FE L File ID: 2021-5497 Version: 1 File Name: Work Session 1/26/21 Master File Number: 2021-5497 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Work Session In Control: City Council File Created: 01/18/2021 Final Action: Title: A. Discussion regarding agenda items. B. Discussion regarding the 87th Regular Legislative Agenda. C. Discussion regarding Mayor Pro Tem. D. Discussion of Finance Department Staffing. E. Discussion regarding the Magnolia Park Trail Project. F. Discussion concerning block water rate structure. G. Discussion regarding the cancellation of the March 9, 2021 City Council Meeting. Notes: Sponsors: Attachments: Staff Accountant Memo.pdf, Magnolia Park Trail Section Memo.pdf, Rate Structure Discussion Memo.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5497 Title A. Discussion regarding agenda items. B. Discussion regarding the 87th Regular Legislative Agenda. C. Discussion regarding Mayor Pro Tem. D. Discussion of Finance Department Staffing. E. Discussion regarding the Magnolia Park Trail Project. F. Discussion concerning block water rate structure. G. Discussion regarding the cancellation of the March 9, 2021 City Council Meeting. Summary City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5497) City of Coppell, Texas Page 2 Printed on 1/22/2021 a' 1-1 Er.:: '' r 0 F 0, P P E L L u Va�lll��uudt�� �+ �i ,l t + �r !J ��,,�� • MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: January 26, 2021 Reference: Finance Department Staffing 2040: Sustainable City Government Introduction: The position of Staff Accountant has been vacant since November 2019. This is an authorized position in the Fiscal Year 20-21 budget, and it is not a funded position. Currently the duties of that position have been spread among the various individuals of the department. Analysis: The workload of the Finance Department has increased over the last year. • Sales Tax Audit —Managing the project and coordinating with the vendor. To date this project has generated $1,858,899 in additional sales tax collections. General Fund $929,612. CRDC $464,806, IMF $232,403, Crime Control $232,078. • PIER Phase IV — Utility Billing. Finance and Accounting staff are involved since it interfaces with the General Ledger. • Establishing the new Hotline — This is a recommendation of the Risk Assessment. A vendor has been selected and the web site is being created and must be monitored. • CARES Act funding — Monitoring and submitting monthly reports. Tracking $2,200,000 in revenue and expenditures. • Single Audit — Due to receiving SAFER grant funds, the City is now required to have a Single Audit. This is the first Single Audit in at least 30 years. A Single Audit is an Organization - wide financial statement and awards audit of an entity that expends $750,000 or more in federal funds in one year. It is in addition to a normal annual audit. A Single Audit is intended to provide assurance to the federal government that adequate internal controls are in place and the entity is in compliance with program requirements. Auditors require documentation over the controls indicating that 1) all federal grants are identified, 2) accounted for properly, 3) documented, 4) expenditures approved, 5) grant requirements met, 6) hiring documents support, 7) meeting minutes or agendas. • Increased Governmental Accounting Standards —There was 1 standard issued in 2019 and 5 in 2020. We will be implementing the lease standard issued in 2017 in Fiscal Year 21-22. We are also implementing the Fiduciary standard issued in 2017 this fiscal year. There are 2 new standards that will be implemented in Fiscal Year 20-21. • The Arts Center and Arts Foundation — Supporting the Arts Foundation's Fund Development and Grant pursuits and the Arts Center programming revenue and expenditures, in alignment with Generally Accepted Accounting Principles. • Bond Issues — Issued the 2020 bonds and will be scheduled to issue 2021 bonds. This includes completing the official statement, bond rating meetings and Council action items. • Capital Asset Reconciliation — This was the major project that was being worked on by the Staff Accountant that resigned. Capital assets make up 62% of both the City's assets and net position ($400 million, per FY20 CAFR). These are assets that cannot be sold. It is important to report such a large asset accurately. In addition to daily duties, this position would be assigned the following: • Grants — Currently grants are assigned to whomever happens to be free when the grant is received. The SAFER grant is being supported by the Chief Accountant. The CARES Act is assigned to the Director of Finance. Assigning the grants to one position will allow uniformity and consistency in documenting and filing for grant reimbursements. This will also allow for the coordination and monitoring of expenditures to minimize the need for a Single Audit. • Hotline and Suggestion Box — Once the hotline and suggestion box have been introduced into the organization, this position will be assigned the ongoing maintenance and promotion. To receive the maximum benefit from either the Hotline or the Suggestion Box, continued promotion and reminders must be done on at least a quarterly basis. There is also a public facing element that can be activated, which would also need monitoring. • General Billing — This is when the City bills others for reimbursement or any type of miscellaneous billing. This task is currently being performed by the other Staff Accountant, who is also responsible for bank reconciliations. By reassigning this task, it will enhance the internal control of segregation of duties • Payroll and debt service wires - This task is currently being performed by the other Staff Accountant, who is also responsible for bank reconciliations. By reassigning this task, it will enhance the internal control of segregation of duties • Capital Asset Reconciliation — Transfer of this task from the Accountant back to the Staff Accountant. I am requesting approval to advertise for this position and bring the budget amendment to Council after completion of the Fiscal Year 19-20 audit. The proposed source of funding for this position is Sales Tax Recoveries that had been received due to the audit that is being performed. The annual salary and benefits cost of the position will range from $85,000 to $90,000. 2 MEMORANDUM To: Mayor and City Council From: John Elias, Park Projects Manager Via: Brad Reid, Director of Parks and Recreation Date: January 26, 2021 Reference: Discussion regarding the Magnolia Park Trail Section 2040: Implement Innovative Transportation Networks Introduction: City Council awarded a contract in the amount of $84,000 to Halff & Associates on January 8, 2019 for the design of elevated trail sections for Magnolia Park, Moore Road Park and the Asbury Manor trail intersection. The Coppell Recreation and Development Corporation (CRDC) authorized the funding of the contract on March 7, 2019. Halff presented the City with a preliminary findings report in July of 2019 that provided detailed trail/boardwalk alignment (Design Alternative A). In November of 2019, an updated report was presented to Park Board. This report included the northern shoreline alignment for Magnolia Park (Design Alternative B), as well as preliminary cost estimates. The estimate for Design Alternative A is $984,186 and the estimate for Design Alternative B is $370,902. On December 3, 2019 City staff hosted a Public Input Meeting with the Magnolia Park HOA to review the two trail alignment options. The Magnolia Park Trail Section Project is currently on hold and is being presented to obtain direction from the Council to move forward with the design and construction documents. Analysis: The Magnolia Park Trail section is a critical gap in the City of Coppell Hike & Bike Trail System. This section of trail would provide a direct route to Denton Creek Elementary & Coppell Middle School North for the Westhaven and Eastlake subdivisions. The Magnolia Park Trail project has been a high priority on the Park Board project priority list since 2017. Direction is needed regarding which Trail Alignment to move forward with. The Work Session discussion tonight will review both trail alignment design alternatives. After reviewing CRDC revenues for the first quarter of the fiscal year, it is projected that the CRDC will have available funds of $6,000,000 which can be applied to projects. The available project balance is determined by deducting the annual debt service payments (approximately $3,331.393.76) and the General Fund transfers (35% of the annual sales tax collected) which are funds allocated to the maintenance of the original 1998 CRDC projects (Aquatics and Recreation Center, Ballfields, Trails). Legal Review: Legal Review is not required at this time. Fiscal Impact: Sales tax for the current fiscal year was budgeted at a 45% reduction from the fiscal year 2019- 20 Adopted Budget. To date, the City has not experienced the anticipated decline. Excluding recoveries, sales tax for CRDC is currently 16.36% (approximately $405,940) more than the prior year for the first quarter of fiscal year 2020-21. CRDC recoveries from the sales tax audit that is being performed are $464,806. It is expected that fiscal year 2020-21 CRDC budgeted revenues will be amended to $8,442,364 which will be an approximate $4,224,444 increase for the fiscal year. Recommendation: This item is presented for discussion only. Magnolia Park Trail — Design Alternative A ($984,186) Magnolia Park Trail — Design Alternative B ($370,902) MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Assistant Director of Finance Via: Jennifer Miller, Director of Finance Date: January 26, 2021 Reference: Water Sewer Rate Structure Discussion 2040: Foundation: Sustainable Government Introduction: During calendar year 2020, the Finance Department requested WILLDAN Financial Services (WILLDAN) to perform a rate study for the Water Sewer Fund. The purpose of the study was to determine if a water and sewer rate increase was necessary and to explore the idea of an increasing block rate structure. Results of the study revealed a rate increase was not necessary for fiscal year 2021. The rate study also provided a proposed change to the current rate structure. Analysis: An increasing block rate structure for residential customers establishes rates that increase with water usage. Specifically, the per unit charges for water increases as the amount of water used increases. The first block is charged at one rate, the next block is charged at a higher rate, and so on. The purpose of an increasing block rate structure is to encourage water conservation with the goal being a positive impact on water sustainability. The idea is that encouraging conservation today will reduce the City's need to request Dallas Water Utilities (DWU) to increase the daily water demand level in the future. The City's daily water demand was 17 million gallons per day (MGD) until August 2011 when it was increased to 18 MGD. In August 2015, it was increased to 18.5 MGD. Several days in July and August 2018 and again in August 2019, demand from customers pushed water needs to the 18.5 MGD level and would have exceeded that level if City staff had not reached out to the community to limit water usage. If the City had not kept its usage at or under 18.5 MGD, a request for an increase in the daily demand would have been necessary. An increase in the daily demand remains for five years according to the City's contract with DWU. Currently, the cost of the right to demand up to 18.5 MGD is approximately $5.4 million or $291,422 per million gallons (18.5 X $291,422 = $5,391,307). Therefore, if the City needed to add one million gallons to its daily demand, the additional cost would be $291,422. Higher water usage by customers pushes the daily demand up. Implementing an increasing block rate structure distributes the demand cost charged by DWU to customers with the greatest impact on the system. The following is the increasing block rate structure presented by WillDan in October 2020: Usage Cost/1,000 gallons 1,001 - 15,000 $3.05 15,001-25,000 $3.82 25,001 -above $4.78 Currently, the water rate is 3.15/1,000 gallons no matter how much water is used. The increasing block rate structure lowers the rate by ten cents per 1,000 gallons for up to 15,000 gallons. According to the rate study, 71.7% of residential customers use an average of 15,000 gallons or less per month, 14.1 % use up to 25,000 gallons, and 14.2% use over 25,000 gallons. Customers can use the customer portal, a tool rolled out when the City installed the advanced water meter system, to manage their water usage. The customer portal provides customers the ability to view their usage and setup usage alerts. Utilizing the customer portal and establishing water alerts provides customers with control over the water portion of their water bill. For example, customers can see how much water their irrigation system uses and manage that use to prevent moving into the next water usage block. In addition to the increasing block rate structure for water, a reduction in the wastewater cap was also presented by WillDan during the October 2020 work session. Currently, residential customers pay a volume rate of $2.24 for up to 14,000 gallons of water use. WillDan's rate study proposed reducing the cap by 1,000 gallons each of the next five years to an ultimate level of 9,000 gallons. Since sewer cannot be metered, a threshold of 14,000 gallons was established as the amount of water flowing into the sewer system. However, a portion of that usage is most likely for irrigation which does not enter the sewer system. WillDan's analysis of residential customer usage determined establishing a new threshold would be appropriate. The rate study recommended that the cap could be reduced over the next five years to 9,000 gallons. City staff requests direction concerning Council's desire to move from the current residential rate structure to a new increasing block rate structure and reducing the residential sewer cap from 14,000 gallons to 9,000 gallons over the next five years. Legal Review: N/A Fiscal Impact: Both the current and increasing block rate structure will generate the same level of revenue for the Water and Sewer Fund. Recommendation: This item is to receive direction from Council. C',P FE L File ID: 2021-5495 Version: 1 File Name: Minutes 1/12/21 City of Coppell, Texas Master File Number: 2021-5495 Type: Agenda Item Reference: Title: Consider approval of the minutes: January 12, 2021. Notes: Sponsors: Attachments: CM 2021-01-12.pdf Contact: Drafter: Related Files: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: City Council File Created: 01/18/2021 Final Action: Enactment Date: Enactment Number: Hearing Date: Effective Date: History of Legislative File ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5495 Title Consider approval of the minutes: January 12, 2021. Summary Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 1 Printed on 1/22/2021 'ELL z „F, ,c a Tuesday, January 12, 2021 1 2. KAREN HUNT Mayor CLIFF LONG Place 1 BRIANNA HINOJOSA-SMITH Place 2 WES MAYS Place 3 MIKE LAND City Manager City of Coppell, Texas Minutes City Council 5:30 PM MARK HILL Mayor Pro Tem GARY RODEN Place 4 JOHN JUN Place 5 BIJU MATHEW Place 6 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers Present 8 - Karen Hunt -,Cliff Long;Brianna Hinojosa-Smith;Wes Mays',Gary Roden;Biju Mathew -,Mark Hill and John Jun Also present were City Manager Mike Land, City Secretary Ashley Owens, and City Attorney Robert Hager. Deputy City Managers Vicki Chiavetta and Traci Leach were in attendance virtually. The City Council of the City of Coppell met in Regular Session on Tuesday, January 12, 2021 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order As a result of recent Declarations of Emergency made by Dallas County and the City of Coppell in regards to the current pandemic, Governor Abbott has permitted for governing bodies to meet remotely and to conduct open meetings virtually. Mayor Karen Hunt called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5:33 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. City of Coppell, Texas Page 1 City Council Minutes January 12, 2021 A. Seek Legal Advice from City Attorney regarding Texas Administrative Code Rule 3.334, concerning local sales and use taxes. Discussed under Executive Session Section 551.087, Texas Government Code - Economic Development Negotiations. B. Discussion regarding an economic development prospect west of Freeport Parkway and south of Gateway Boulevard. Discussed under Executive Session C. Discussion regarding an economic development prospect north of Sandy Lake Road and west of Denton Tap Road. Discussed under Executive Session 3. Work Session (Open to the Public) Council Chambers Mayor Karen Hunt adjourned the Executive Session at 6:49 p.m. and convened into the Work Session at 6:53 p.m. A. Discussion regarding agenda items. B. Discussion regarding Mayor Pro Tem. C. Discussion and update regarding an asset management system. D. Short Term Rental Ordinance Update. E. Discussion regarding moving forward with the Moore Road Park Elevated Trail Section. Presented in Work Session. Regular Session Mayor Hunt adjourned the Work Session at 7:39 p.m. and reconvened into the Regular Session at 7:44 p.m. 4. Invocation 7:30 p.m. Councilmember Wes Mays gave the invocation. 5. Pledge of Allegiance Mayor Hunt and the City Council led those present in the Pledge of Allegiance. 6. Consider approval of accepting the resignation of John Jun from Board of Adjustment. A motion was made by Councilmember Gary Roden, seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. City of Coppell, Texas Page 2 City Council Minutes January 12, 2021 7. Swearing in of Council Place 5. Mayor Karen Hunt swore in John Jun as Councilmember Place 5. At this time, the makeup of Council is as follows: Karen Hunt, Mayor Cliff Long, Place 1 Brianna Hinojosa-Smith, Place 2 Wes Mays, Place 3 Gary Roden, Place 4 John Jun, Place 5 Biju Mathew, Place 6 Mark Hill, Place 7 8. Citizens' Appearance Mayor Hunt advised that no one signed up to speak. Proclamations 9. Consider approval of a Proclamation naming January 12, 2021, as "Kenny Marchant Day," and authorizing the Mayor to sign. 10. Consent Agenda Mayor Karen Hunt read the proclamation into the record. A motion was made by Councilmember Biju Mathew, seconded by Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved. The motion passed by an unanimous vote. At this time, Councilmember Cliff Long requested that Consent Agenda Item B be considered separately so that he could recuse himself upon filing a Conflict of Interest Affidavit. Consent Agenda Items A, C -G were considered together. A. Consider approval of the minutes: December 8, 2020 and December 15, 2020. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that Consent Agenda Items A, C -G be approved. The motion passed by an unanimous vote. B. Consider approval of an Ordinance for PD -304-H, Nixon Pence Residential, a zoning change request from H (Historic) to PD -304-H (Planned Development -304 - Historic), to allow for two residential units on 0.442 acres of land located on the west side of S. Coppell Road, approximately 175 feet south of W. Bethel Road; and authorizing the Mayor to sign. At this time, Councilmember Cliff Long dismissed himself from Council Chambers. City of Coppell, Texas Page 3 City Council Minutes January 12, 2021 A motion was made by Councilmember Wes Mays, seconded by Mayor Pro Tem Mark Hill, that Consent Agenda Item B be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-760 C. Consider approval to enter into a License Agreement with the Village at Cottonwood Creek 5 Homeowners Association; to allow construction of approximately 25 -feet brick screening wall in the public Right -of -Way; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that Consent Agenda Items A, C -G be approved. The motion passed by an unanimous vote. D. Consider approval to enter into a contract with Joel Brown and Co., for the construction of site improvements to the Southwestern Water Tower; in the amount of $216,519.75; as provided for in the Utility Fund balance; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that Consent Agenda Items A, C -G be approved. The motion passed by an unanimous vote. E. Consider approval of awarding a contract for the annual purchase of water and wastewater parts; with Core and Main; in the amount of $75,000.00; as budgeted in the Water/Sewer Operations Fund; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that Consent Agenda Items A, C -G be approved. The motion passed by an unanimous vote. F. Consider approval to purchase Fire Department medical supplies from Bound Tree Medical, LLC. through an Interlocal Agreement with the City of Midlothian, for a not -to -exceed amount of $97,500.00, or as budgeted annually, and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that Consent Agenda Items A, C -G be approved. The motion passed by an unanimous vote. G. Consider approval of a new agreement to extend the term of the Coppell CARES Program Agreement between the City of Coppell and Metrocrest Services to December 31, 2021; and authorizing the Mayor to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that Consent Agenda Items A, C -G be approved. The motion passed by an unanimous vote. City of Coppell, Texas Page 4 City Council Minutes January 12, 2021 End of Consent Agenda 11. Consider approval of an Ordinance for PD -250R21 R -H (Planned Development -250 -Revision 21 -Revised -Historic) to allow the coffee shop/retail to remain on the 1 st floor and to convert one of the residential units (Apt. 202) into a 2,059 square foot professional office space on the 2nd floor; on 0.24 acres of property located at 462 Houston Street; and authorizing the Mayor to sign. At this time, Mayor Karen Hunt and Councilmember Cliff Long recused themselves upon filing Conflict of Interest Affidavits for Public Hearing Item 11. Presentation: Matt Steer, Development Services Administrator, made a presentation to the City Council. Mayor Pro Tem Mark Hill opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Gary Roden, seconded by Mayor Pro Tem Mark Hill, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1. This will be subject to a detailed building review with permit submittal. 2. This is subject to egress provisions for non-residential buildings under the 2015 IBC and once reclassified, the space cannot be used as a dwelling. The motion passed by an unanimous vote. Mayor Karen Hunt and Councilmember Cliff Long joined the meeting after the vote. 12. PUBLIC HEARING: Consider approval of PD -157R8 -C, Valley Ranch Plaza, a zoning change request from PD -157R7 -C (Planned Development -157- Revision 7 -Commercial) to PD -157R8 -C (Planned Development -157- Revision 8 -Commercial), to allow for the subdivision of the property into three lots for the sale of the different lots/businesses on approximately 4.6 acres of property located at the southwest corner of East Belt Line Road and South MacArthur Blvd, at the request of BLMA, Ltd and Phase II BLMA, Ltd. Presentation: Mary Paron-Boswell, Senior Planner, made a presentation to the City Council. Mayor Karen Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Mayor Pro Tem Mark Hill, to close the Public Hearing and approve this Agenda Item subject to the following conditions: City of Coppell, Texas Page 5 City Council Minutes January 12, 2021 1. The replat for this site must be filed. 2. To allow the setbacks for Lot 3, Block A, to be as shown on the plan. 3. To allow the landscaping to be as shown on the plan. 4. To require a parking agreement between Lots 1 and 3 be filed at the county and listed on the plat and site plan. 5. To allow for a shared dumpster agreement. The motion passed by an unanimous vote. 13. PUBLIC HEARING: Consider approval of PD -260R3 -R, Trinity River Kayak, zoning change request from PD -260R2 -R (Planned Development -260 -Revision 2 -Retail) to PD -260R3 -R (Planned Development -260 -Revision 3 -Retail) to amend the site plan to allow for the demolition of an existing storage building and construction of a new structure containing a garage, enclosed storage area and covered pavilion area; on 1.49 acres of property located 1601 E. Sandy Lake Road, at the request of Aaron Duncan on behalf of Jeff Varnell, Varnell Holdings, LLC. Presentation: Mary Paron-Boswell, Senior Planner, made a presentation to the City Council. Mayor Karen Hunt opened the Public Hearing and advised that no one signed up to speak. Aaron Duncan represented the applicant and was available for questions of the City Council. A motion was made by Mayor Pro Tem Mark Hill, seconded by Councilmember Wes Mays, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1. There may be additional comments may be additional comments at the time of Building Permit and Detail Engineering Review. 2. A Demolition Permit is required to remove the existing structure. 3. Allow a 15 -ft exception to the 30 -ft side yard setback for the eastern portion of the new building. The motion passed by an unanimous vote. 14. Consider approval of awarding Bid # Q-1121-02 Denton Tap Intersection Improvements to Rebcon, Inc.; for the construction of auxiliary lanes at four intersections of Denton Tap Road; in the amount of $2,777,148.70; funding provided by Bond proceeds and Roadway Impact Fees; and authorizing the City Manager to sign any necessary documents. Presentation: Kumar Gali, Assistant Director of Public Works, made a presentation to the City Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Biju Mathew, that this Agenda Item be approved. The motion passed by an unanimous vote. City of Coppell, Texas Page 6 City Council Minutes January 12, 2021 15. City Manager Reports - Project Updates and Future Agendas City Manager Mike Land reported that the 265 Parkway roof replacement will be complete in the next week to 10 days. All of the decking has been replaced and they are working on the roof cap. Holiday decorations are in the process of being removed from the facilities and bridges. The removal will be complete this week, weather permitting. 16. Mayor and Council Reports Report by the City Council on recent and upcoming events. A. Interested in running for City Council? Candidate filing for Mayor and City Council Places 2, 4, and 6 will be held January 13 — February 12. Applications, forms, and information regarding running for elected office can be found on the City Secretary's Election page at coppelItx.gov/election. A Candidate Orientation will be held on Thursday, January 21 at 6 pm at Town Center, 255 Parkway Blvd. Social distancing will be observed, and masks are to be worn. For those interested, the Orientation will also be held in a virtual environment via Zoom. To receive the Zoom link and to RSVP please email citysec@coppelltx.gov. Election Day is May 1, 2021. B. City offices will be closed January 18 in recognition of Martin Luther King Jr. Day. C. The State of the City address is Thursday, January 21 beginning at 11:30 a.m. via Zoom. Mayor Hunt will review the 2021 vision for the City and take questions from the audience. 17. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Nothing to report. 18. Necessary Action from Executive Session 19. Adjournment There was no action resulting from Executive Session. At this time, the City Council recessed the Regular Session and convened into the Work Session at 8:52 p.m. Mayor Karen Hunt adjourned the Work Session at 9:27 p.m. There being no further business before the City Council, the meeting was adjourned at 9:27 p. M. City of Coppell, Texas Page 7 City Council Minutes January 12, 2021 Karen Selbo Hunt, Mayor ATTEST: Ashley Owens, City Secretary City of Coppell, Texas Page 8 C',P FE L File ID: 2021-5490 Version: 1 City of Coppell, Texas Master File Number: 2021-5490 Type: Agenda Item Reference: File Name: Blackberry Farms Ordinance 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: City Council File Created: 01/14/2021 Final Action: Title: Consider approval of an Ordinance for PD -259R -SF -7&9, Blackberry Farm, a zoning change request from PD -259 -SF -7&9 (Planned Development 259 -Single-Family- 7&9) to PD -259R -SF -7&9 (Planned Development 259 Revised -Single -Family -7&9), to revise the Detail Site Plan and Conditions, to permit the development of 74 single-family lots and nine (9) common area lots, on 54.8 acres of land, located on the north side of Sandy Lake Road, approximately 750 feet northeast of Starleaf Road (Extended); and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Attachments: City Council Memo - Ordinance.pdf, Ordinance.pdf, Enactment Number: Exhibit A - Legal Description.pdf, Exhibit B -Detail Site Plan.pdf, Exhibit C - Landscape Plan.pdf, Exhibit D- Entry Feature and Common Area Lot 2X.pdf, Exhibit E -Bridge Exhibit.pdf, Exhibit F - Retaining and Screening Wall Exhibit.pdf Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5490 Title Consider approval of an Ordinance for PD -259R -SF -7&9, Blackberry Farm, a zoning change request from PD -259 -SF -7&9 (Planned Development 259 -Single-Family- 7&9) to PD -259R -SF -7&9 (Planned Development 259 Revised -Single -Family -7&9), to revise the Detail Site Plan and Conditions, to permit the development of 74 single-family lots and nine (9) common area lots, on 54.8 acres of land, located on the north side of Sandy Lake Road, approximately 750 feet northeast of Starleaf Road (Extended); and authorizing the Mayor to sign. Summary City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5490) Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 1/22/2021 COFFELL "s', kA 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 26, 2021 Reference: Consider approval of an Ordinance for PD -259R -SF- 7&9, Blackberry Farm, a zoning change request from PD -259 -SF -7&9 (Planned Development 259- Single -Family — 7&9) to PD -259R -SF- 7&9 (Planned Development 259 Revised- Single -Family — 7&9), to revise the Detail Site Plan and Conditions, to permit the development of 74 single-family lots and nine (9) common area lots on 54.8 acres of land located on the north side of Sandy Lake Road, approximately 750 feet northeast of Starleaf Road (Extended); and authorizing the Mayor to sign. 2040: Enhance the Unique "Community Oasis" Experience Executive Summary: This ordinance is for the Blackberry Farm Planned Development that includes 74 residential lots and nine common area lots, originally approved by City Council in 2018. Two phases have been approved for this development. Phase 1 includes 54 lots and 8 common areas, while Phase 2 has 20 lots with one common area. Since staff last brought this to Council, the applicant has addressed the conditions relating to the requirement for flood, drainage studies and establishing a land conservancy. The CLOMR has been approved by FEMA and detail site and engineering plans have been revised to reflect the recommendations. These items required a lengthy review and approval process before the City could approve the engineering plans and ultimately this ordinance. Now that they have been completed the final ordinance is being brought to council for approval. Analysis: On December 11, 2018, the City Council, approved this zoning change subject to the following conditions: A. The exterior of a maximum of 18 single family residences in this development shall be permitted to be constructed with stucco exterior finish in lieu of masonry as provided in the Comprehensive Zoning Ordinance. Stucco as used in this ordinance shall be defined as continuous plaster or mortar of seven -eighths (7/8") of an inch thickness over wood frame with metal lath and elastomeric topcoat. All single-family residences permitted to be of 1 stucco material or plaster shall be of earth tone color. B. Minimum 25 -foot front building line shall be provided for all single-family lots. C. Homes to be built on Lot 1 and Lot 20 in Block D shall have a minimum size of 2,800 square feet. D. There will be a minimum side yard setback of 5 feet on Lots 1 through 20, Block D. E. Sidewalks will be constructed at time of house construction on all single-family lots. F. No alley shall be required for any Lots within the development. G. Hardscapes consisting of masonry, wood, stucco where home is stucco, and/or decorative metal courtyard wingwalls and screening may be constructed and maintained to a maximum height of eight (8) feet shall be permitted in front yard but must be behind the 25 -foot front building setback and shall be an integral architectural component of the primary structure. H. The center island in the cul-de-sac at the east end of known as Persimmon Drive shall be constructed of cobblestone patterned concrete and shall be maintained by the Homeowners Association. I. No building permits shall be issued for home construction prior to the filing of the Final Plat, Conservation Easement and HOA covenants. J. Prior to filing of the Final Plat for Phase 1, permits shall be approved by the U.S. Army Corps of Engineers and the Conservation Easement shall be established. K. Prior to issuance of a building permit for the first structure (including the Farm House on Common Lot 2X), proof of the initial payment for the establishment of the Conservation Easement shall be submitted to the City of Coppell, estimated to be $92,000. Thereafter, at the time of issuance of building permits for the remaining 54 single family homes in Phase 1, verification of payment of the remaining balance of the $300,000, estimated to be $3,852 on a per lot shall be submitted to the city of Coppell. 2 L. The Homeowners Association shall be responsible to maintain the stabilization along the creek bank of Denton Creek from erosion. Each Lot Owner shall be notified and provide a hold harmless agreement by separate instrument that the City and Developer are not liable for future erosion of the creek bank. The Developer shall dedicate a conservation easement to a third - party land conservancy for the purposes of monitoring and enforcing the integrity of the steam banks. Notice of the provisions shall be noted on the Final Plat. The conservation easement will be executed and filed prior to filing the Final Plat. M. The Homeowners Association shall be responsible to maintain the storage basins/ponds being constructed with the development as well as all common lots, Farm House Homeowners Association Covenants Declarations and Restrictions. N. The HOA documents shall reflect a minimum 40 -year termination clause. O. Tree mitigation fees of $125,000 must be paid prior to issuance of any building permit or construction. P. Park fees are required in the amount of $1,285 per lot shall be paid by the time of issuance of any residential building permit. Q. The creek crossing bridge shall be a concrete single arch culvert with a stone pattern and textured concrete or natural stone veneer and a steel rail on a reinforced concrete base as shown on Exhibit E, attached hereto. R. This project is not subject to the Erosion Hazard Setback per City Ordinance, Sec. 13-9-1, G20. S. Retaining Walls are to be constructed of stone and maintained by the lot owner, as illustrated on Exhibit F, attached hereto and made a part of this ordinance. If the owner fails to maintain the wall, the Homeowners Association has the right to repair the wall and assess the lot owner. City has no responsibility for the retaining walls on private property. T. Detail Site and Landscape Plan for Lot 2X and the screening wall entry feature shall be attached to this PD as Exhibit D and shall govern the development, maintenance and use of 3 said lot subject to: a. The farmhouse at the subdivision entrance will not be used or occupied as a residence or retail business, except occasional sales of seasonal botanical gardening materials which may occur for four (4) times a year for two consecutive weeks (14 days). b. The development of Lot 2X and the entry features shall be constructed prior to the issuance of a building permit for the first home, other than a model home. U. The development and maintenance of Lot 2X shall be in accordance with Section 2(T) of this Ordinance. Legal Review: The City Attorney reviewed this ordinance. Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Ordinance 2. Exhibit "A" — Legal Description 3. Exhibit "B" — Detail Site Plan 4. Exhibit "C" - Landscape Plan 5. Exhibit "D" — Entry Feature and Common Area Lot 2X 6. Exhibit "E" - Bridge Exhibit 7. Exhibit "F" - Retaining/Screening Wall Exhibit 4 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -259 -SF -7&9 (PLANNED DEVELOPMENT 259 -SINGLE FAMILY -7 & 9) TO PD -259R -SF -7&9 (PLANNED DEVELOPMENT REVISED 259 -SINGLE FAMILY -7 & 9), TO REVISE THE DETAIL SITE PLAN AND CONDITIONS, TO PERMIT THE DEVELOPMENT OF 74 SINGLE-FAMILY LOTS AND NINE (9) COMMON AREA LOTS ON 54.8 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SANDY LAKE ROAD, APPROXIMATELY 750 FEET NORTHEAST OF STARLEAF ROAD (EXTENDED), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, ENTRY FEATURE AND COMMON AREA LOT 2X, BRIDGE EXHIBIT, AND RETAINING AND SCREENING WALL EXHIBIT; ATTACHED HERETO AS EXHIBITS `B" THOUGH "F"; AND PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD -259R -SF -7/9 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from, a zoning change request from PD - 259 -SF -7&9 (Planned Development 259 -Single Family -7 & 9) to PD -259R -SF -7&9 (Planned Development Revised 259 -Single Family -7 & 9), to revise the Detail Site Plan and Conditions, to permit the development of 74 single-family lots and nine (9) common area lots on 54.8 acres of land City of Coppell Ordinance Pg 1 TM120135 located on the north side of Sandy Lake Road, approximately 750 feet northeast of Starleaf Road (extended), for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Property will be used and developed for Single Family purposes as provided in the Code of Ordinances, is hereby approved subject to the following development regulations: A. The exterior of a maximum of 18 single family residences in this development shall be permitted to be constructed with stucco exterior finish in lieu of masonry as provided in the Comprehensive Zoning Ordinance. Stucco as used in this ordinance shall be defined as continuous plaster or mortar of seven -eighths (7/8") of an inch thickness over wood frame with metal lath and elastomeric topcoat. All single family residences permitted to be of stucco material or plaster shall be of earth tone color. B. Minimum 25 -foot front building line shall be provided for all single family lots. C. Homes to be built on Lot 1 and Lot 20 in Block D shall have a minimum size of 2,800 square feet. D. There will be a minimum side yard setback of 5 feet on Lots 1 through 20, Block D. E. Sidewalks will be constructed at time of house construction on all single family lots. F. No alley shall be required for any Lots within the development. G. Hardscapes consisting of masonry, wood, stucco where home is stucco, and/or decorative metal courtyard wingwalls and screening may be constructed and maintained to a maximum height of eight (8) feet shall be permitted in front yard but must be behind the 25 -foot front building setback and shall be an integral architectural component of the primary structure. H. The center island in the cul-de-sac at the east end of known as Persimmon Drive shall be constructed of cobblestone patterned concrete and shall be maintained by the Homeowners Association. City of Coppell Ordinance Pg 2 TM120135 I. No building permits shall be issued for home construction prior to the filing of the Final Plat, Conservation Easement and HOA covenants. J. Prior to filing of the Final Plat for Phase 1, permits shall be approved by the U.S. Army Corps of Engineers and the Conservation Easement shall be established. K. Prior to issuance of a building permit for the first structure (including the Farm House on Common Lot 2X), proof of the initial payment for the establishment of the Conservation Easement shall be submitted to the City of Coppell, estimated to be $92,000. Thereafter, at the time of issuance of building permits for the remaining 54 single family homes in Phase 1, verification of payment of the remaining balance of the $300,000, estimated to be $3,852 on a per lot shall be submitted to the city of Coppell. L. The Homeowners Association shall be responsible to maintain the stabilization along the creek bank of Denton Creek from erosion. Each Lot Owner shall be notified and provide a hold harmless agreement by separate instrument that the City and Developer are not liable for future erosion of the creek bank. The Developer shall dedicate a conservation easement to a third -party land conservancy for the purposes of monitoring and enforcing the integrity of the steam banks. Notice of the provisions shall be noted on the Final Plat. The conservation easement will be executed and filed prior to filing the Final Plat. M. The Homeowners Association shall be responsible to maintain the storage basins/ponds being constructed with the development as well as all common lots, Farm House Homeowners Association Covenants Declarations and Restrictions. N. The HOA documents shall reflect a minimum 40 -year termination clause. O. Tree mitigation fees of $125,000 must be paid prior to issuance of any building permit or construction. P. Park fees are required in the amount of $1,285 per lot shall be paid by the time of issuance of any residential building permit. City of Coppell Ordinance Pg 3 TM120135 Q. The creek crossing bridge shall be a concrete single arch culvert with a stone pattern and textured concrete or natural stone veneer and a steel rail on a reinforced concrete base as shown on Exhibit E, attached hereto. R. This project is not subject to the Erosion Hazard Setback per City Ordinance, Sec. 13-9-1, G20. S. Retaining Walls are to be constructed of stone and maintained by the lot owner, as illustrated on Exhibit F, attached hereto and made a part of this ordinance. If the owner fails to maintain the wall, the Homeowners Association has the right to repair the wall and assess the lot owner. City has no responsibility for the retaining walls on private property. T. Detail Site and Landscape Plan for Lot 2X and the screening wall entry feature shall be attached to this PD as Exhibit D and shall govern the development, maintenance and use of said lot subject to: a. The farmhouse at the subdivision entrance will not be used or occupied as a residence or retail business, except occasional sales of seasonal botanical gardening materials which may occur for four (4) times a year for two consecutive weeks (14 days). b. The development of Lot 2X and the entry features shall be constructed prior to the issuance of a building permit for the first home, other than a model home. U. The development and maintenance of Lot 2X shall be in accordance with Section 2(T) of this Ordinance. SECTION 3. That the Detail Site Plan, Landscape Plan, Entry Feature and Common Area Lot 2X, Bridge Exhibit, and Retaining and Screening Wall Exhibit attached hereto as Exhibits "B" though "F"; respectively shall be deemed as development regulations to this development. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building City of Coppell Ordinance Pg 4 TM120135 regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the 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 7. 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 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its 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 2021. KAREN SELBO HUNT City of Coppell Ordinance Pg 5 TM120135 ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY City of Coppell Ordinance Pg 6 TM120135 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -259 -SF -7&9 (PLANNED DEVELOPMENT 259 -SINGLE FAMILY -7 & 9) TO PD -259R -SF -7&9 (PLANNED DEVELOPMENT REVISED 259 -SINGLE FAMILY -7 & 9), TO REVISE THE DETAIL SITE PLAN AND CONDITIONS, TO PERMIT THE DEVELOPMENT OF 74 SINGLE-FAMILY LOTS AND NINE (9) COMMON AREA LOTS ON 54.8 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SANDY LAKE ROAD, APPROXIMATELY 750 FEET NORTHEAST OF STARLEAF ROAD (EXTENDED), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, ENTRY FEATURE AND COMMON AREA LOT 2X, BRIDGE EXHIBIT, AND RETAINING AND SCREENING WALL EXHIBIT; ATTACHED HERETO AS EXHIBITS "B" THOUGH "F"; AND PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($29000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2021 KAREN SELBO HUNT, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY EXHIBIT ",A I-EGIAL, DESCRIPTION — OVERA.1.1 rRAC T ,54,85RE T"RACT OF LAND EDWARD COOK SURVEY, ABSTRACT NO, 300 JOM JACKSON SURVEY, ABSTRNCT NID, 698 AN DAVID MYERS, SURVEY, ABSTIRAM"NO, 88B IT OF GOPPELL, DALLAS COUNTY, TEXAS BEING a 2,,389 ,,463 square feet or° 54.855 acre tract ofland sihiated in the Edward' Coo,k Siur,vey, Abstract. No, 3,OD, the Jolhin Jaokson SLjirvey, Abstract It 698 and the David Myefs, Survey, Ab,,,5tract Nio., 886, Chy of Copl)ell, Dallas (,ounty, "Vexas and part of a ca[led 46,.,G'71 acre tract and a called 0,508 aoro tract conveyed to Denton Creek Land Company, LId, by Spec -,[al Warr4r4y Deed recraid ed 'in Volume, 2003133, P,-,jgo, 1F 9. D Records of DaIlIlas County, Texas and a called 0,2554 mure tract of l�and coriveyed t0, The f`i01111IRS BUilders. Inc. by Warr-anty Deed recorded, "in Volume 200,0158. Page, 6,828, Deed Recards of Dail as County, TeKas, and all of a x, 05 acre tract of land conveyed to Alfred B, Pittman. Mfr. "h" did' tecorded iri Voiury'te 95161, Page 3865, Deed R,ocords o' Dallas County, Texas, @rid Ibeing more. particularly dosoribed by metesand b0Unds as, follows (The to ming basis for this description, is a bear'Vnig of IN 02111 7'45" W for the. east line of Lakewood Estates Addffion as recorded in Volunre 95057, Page 605, County, Texas), BEGININING at a point for a corner at the southeast corner of the said Cook Survey, also be0i,g the, SOuthwest corner of the, said Jackson Survey, the comrTwon north corner of the'vv', Perry Survey, AbMiract No, 1,152 and the David Myerurvey, AbstradNo, 8M and said point beirlIg a corner in the west iron of a called acre tract of I d I lanconveyed -to the City of Carrolfto,n, "Fax as by deed recordedin of tiro 91226, Page 332, Deed Records of DaIllas County, Te TFIE',NCE, N 89`11432'" VV, with the common line of the said Cook and Myers Survey and the north fine of the said 23.6163 acre tract, a distaono of, 763.5,8 feet to ,a point FoT a cornicar in Dention Creek, said point in in the northeast Jine of a called G.,5979 cire trac", of larild conveyed to IFtenry I'ato by dieed recorded iIn County ClIerk Instrijiment 'No,, 2DO'70387504m Official IPutilliu Rewrds of Dallas County, `Texasi-, THENCE:, thefoillowing courses and dist ances with the meanders of Denitoin Creek: �N 131VW25" W, with the north lin f the said 0,5979 acre, tract, passing the common east oorrier of the said 0, 5970, acre tri c and a culled 1. 7760 awe tract cyr [arid Gonvey ed 'to t h r jl nd Kavita Aktfla Iby deed recorded in CaUnty Clerk Instrwrnent; No. 200710087752, Official Public FRecords of IDallaz County, Texas, contimfing in all a ij,listancof 7aA 5 feet rt a point for a corner; N 010113825" W,, continUing,with, the eaV liryof the said 1.77610 acre tract, a fttanima, of 91,00 fi(riutt to, a point for a corriter; Page 1 of 3 EXHIBl"T'A" LEGAL DESCRIPTTON - OVERAI L'TRA C"r (Gontinued) 54,, 8155 A("O'RE TaCT OF LAND F, DVVARD COOK SUR VEY, ABSTRAur'NO,, 3GO JOHN JACKSON SUR VIEzY, ABSTRATNO , 65 BAND DAVID MYEIRS, SUIRVEY-ABST RACTNANO. 886, C1.1" OF COPP"FELL, IDALIILAS CGUNTY, I EXAS N 1 9c,2 1"15" E, �continwng wi,lh the east line of the said 1 7760 acre tract, a distainice of 1,!36.06 ('east to a poinl: for a collar, said point being thea rn,ost. wpsterNy so uthoast comer of th,esaid, Dntrjn Creek Land Company, I td,, tram., THENOF- thef6lowing courses and distances, with thewrnman line of tine saild Akula tract and fite: said Denton Gr Land Couipariy tract, mm S,89046`35" W, departing Denton Creek., a distance of'240.15 'feet to a found 518 inch iron ral fo,r a corner; S (f1 3'A2" W, a dl5tai noe of1".35 feet to a Iprout for a corner to a found 518 inch, iTon rod for a corner; 5 6/8 in& Iron rod fir a, oorner, in flhe 5D"22'30" w, a diistolnce, �of 332.21 feet to aset 5 0 no,rtheasst fine of Saindly Lake Road (eq variable Width rigllt of way), said poinn being the common sovth corner ref the said AkUlatract and the said Denton Creek Land Coinpainy tract THEN N C E, the t0#0Wjng GOU rwF� ai'lij di ter, with the riortheast line of 19,andy Lake Road N 52,15,5'36' W, a di tarn of 1 16. G4 foot to a set f>18 iqnjj inpri rod, "for a corneir ', N 1141' 44" W, a distance of 275,g feel to, Ei set 518, "inch iron rod at the beginning of''a non-tan,g,ent curve tn the left -with a central angle-of'01500012", a iadius of 905,00feet, a chord Ibea6n,u of N 6611 '49 " VV and a 0ord dl tance, of 94,78 Beet" Northwesterly, along said curve, an arc"di stams of 94 g, feaet ta set 'Ix" cut on concrete pov,ement. at the beginning of a non -tangent compiound cuirve; to the leftwith a contrall angle of 12,053'65". a radius OF 610,29 feet, a c;hoTd f� rinjg of N 58"1119'39" W and a chord distanoe of 1,3T, 10 fpot; Northwesterly. along said cuive, an arc distancm of 137,39 feet to t 518 inch iran rod ,For a coirner; N 89021'23" W, a dl tarn of 2124 fejt to a s,el 518 inch irori, rod at the beginning of a non-tangent,vrve toy the left with a centrall aRgl,,r-., o,f 140511`47", a radius of'775,00 fepM, a chord bearin�g of N 174"55'33"W and a chard dhstancR 00,200,48 feet: for a corrier; Page 2 of 3 B V-X H [ IT "A" LEGAL DESCRIPTION OVEIRM L''I""CT (continued) 54,,855ACRE TRACTOF LAND EIDWARO COOK SURVEY, ABSTRACT NO. 300 JOHNJACXSON SiLlIF-WEY, ABSTRACT NO,, C)98 AND DAVID MYERS, S,URVEIY', ABSTRACTANO, 886 CRY OF COPPE11A., DALLAS COUNJ'Y. TEXAS Northwesterly along s,a,id Wrve, an art dislance, of'201,04 If to a set 518 in -ch irort rod, for a�qviar in the isouith line, of Lot 31 of Kimbei CourtMdrtion as, rooand ed in Voltime 77213i page 99,% Dd IRecords of Dallas County, Texas; THENCE,, S 89"2123" E, departing the ri,ortheast dine of Sandy Lake Roai;j arid wk]l the soloth line of said'i-ot 31, adistancoof 335.51 feet: to a set 518, unclh iron rod'for a cornei said prDlnt being tlsou "�e theast comer saidof'Il,,ot 31 and the wrx.,at fien ol the siald Denton Creek Laind CORIpany trorct; TI-IENCE, N 02`174,51" F., With the east 'line ref said Lot 311 and t1he west line of the said, Oenton Greek Land Clerr ipany track, irrg at a distanoe 01 239,,72 foot the smAheastcorner of Lakewocid Estat esAddiftion as, recorded Nn Vo040 luirine,5 7, Page 6,02, Dee&G d R.OI-disafDallas County. 'Texas, confinuing with the east line f said Lakewood Estates, in, ill a distaii of 1.173.88 feet to a set, 518 iinch Nron rod for a corner; TIHENCE, $7, 9,8-46M11 E, rontinuing with the corTullorl lijile of the said Denton Cireek Land Company tratt and the 4oaid Lakewood Estates, a, distan�ce of 3,09,3G feell to a piolnl for 0 oorner in Cir I HENCE. IIN 25"37012" W', with Dentain Greek, a distanoe of 202M f to, a, point foT a oorvier, said point being the northwest corrier of the said Denton Creek Land (jlompanytract and o ca$ed 3227 acre tract, of land coriveyed to Dallas GUIn C[Lib 'by deed recorded inV01IL1,11,1e x'92:15, Page 14,09, rh.,,ed If rds of Diallas C,ioorvty, , Texas,-, THIENCE. N KV161 9" E,, with, the comr-non finealf the sWd Denton Creek'[ -and Coir�pajny tract, and the said DaAaS GL111 ClUb trona, a di tangy of 1,31753 feet tc a point for a cornier, said Raint being the northeast corner of the said Denton Creek Land Company tract arid the n0rthm5toorner ofthie said City of'Carrollton 23.6 acre tract, THENCE, S 04"58'43" W. With the, common line of tne,sajd Derition Cmek LandCornpao,'y tract and the, said City ofCarrolflon, 23.6 acre. tract, a distance of 1,712-77 feet to, the P,oint of D"inning and Containing 2,38q,,463 square'feel or 54. ,55 acres of [and, (The bearing; basis for uilis description; is a beariling ofIN 02"'171145" W for ttime he east, liof L,ak.ewood EsAd tates dition as recorded in Vme OILI9.5,057, page, 6, Deed Records of Dallas County. Texas) Page 3 of 3 VICINITY MPP Em DETAIL LOT 3X VNING sTE DATA rneLE Mrv(n�wFa irvq= rF FF aozos so�soa+1 x�e aex1� s*oa+1 srv/�oss ata un[ ms/ac "', mm 2s,'i w-1/11 Fm s s� 1/11 FF 11 d SEE SHEET 2 OF 2 FOR LINE AND CURVE TABLES, LOT AREAS AND TYPICAL PAVEMENT SECTION DETAIL SHEET IOF 2 REVISED SI IE PLAN 74 LOT SUBDIVISION BLACKBERRY FARM ADDITION, PHASE 1 DETAILED PD "SF -9" LOTS 1-15 & 1X, 8X, BLOCK A, LOTS 1-16 & 4X, BLOCK B & LOTS 1-23, & 2X, BLOCK C AND COMMON LOTS 3X, 5X, 6X AND 7X BLACKBERRY FARM ADDITION, PHASE 2 DETAILED PD "SF -7" LOTS 1-20, BLOCK D AND COMMON LOT 9X BLACKBERRY FARM ADDITION BEING A 54.855 ACRE TRACT IN THE EDWARD A. CROW SURVEY, ABSTRACT N0. 300 JOHN JACKSON SURVEY, ABSTRACT N0, 698 DAVID MYERS SURVEY, ABSTRACT NO. 888 COPPELL, DALLAS COUNTY, TEXAS xs xw,owxsxs [aN[� es uu,nux,o BLACKBERRY FANM. LLC o sary .rvo c/o FnE no res KADLE xo cr row rns D.K Yn'aFmmE+OCIAUTE9 Em LINE AND CURVE TABLES LOT AREAS . ..... ..... wlw 0� P AAl'NTn- , SHEET 2 OF 2 REVISED SIM PI -AN 74 LOT SUBDIVISION BLACKBERRY FARM ADDITION, PHASE 1 DETAILED PID "SF -9" LOTS 1-15 & IX, 8X, BLOCK A. LOTS 1-16 & 4X, BLOCK 8 & LOTS 1-23, & 2X, BLOCK C AND COMMON LOTS 3X, 5X, 6X AND 7X BLACKBERRY FARM ADDITION, PHASE 2 I oj I DETAILED PID "SF -7" LOTS 1-20, BLOCK D AND COMMON LOT 9X BLACKBERRY FARM ADDITION BEING A 54.855 ACRE TRACT IN THE EDWARD A. CROW SURVEY, ABSTRACT NO MO JOHN JACKSON SURVEY, ABSTRACT NO, 698 DAVID MYERS SURVEY, ABSTRACT NO. 886 COPPEI-L, GALLAS COUNTY, TEXAS LR/ RR BLACKBERRY FARM YLAMI' IJ6`T-COMMON A It:5CR1PP,�M1 ItOTA�!IGI_N� EXh,b,t D Page 1 of 2 PLANT ll, : ENI RV AREA ULSIAIP.'IQ:A .IIIIN-11-1, QTY. s1l.L SHRDRS WM ex�NrssMu�cnw fl � m� OENAM1CN IALIEASSESM SI 4SONALCOICR�� ^^ao s.i. LAll1NS��'nrsn.n�.s n LANTSCAP&N4YfE6: LANDSCAPE PLAN EXh,b,t D Page 2 of 2 "IIIIPw„ m BLACKBERRY FARM EA5T ENTRY GATE BLACKBERRY FARM WEST ENTRY BATE ExHbitE Page 1 Of 2 BLACKBERRY FARM DENTON CREEK m� _Q HEEF�FMPtE-EENLUN�TS) DETAIL BRIDGE PLAN SPECIE CAT ON�NOFFICILALS RFHSPECIE CATIONS oOare oESO �oaosaP.Eas� orOEEsHaDINFE' F 11 OILkOv O FOLLOSVSAS uOPEaNOI�EtOaO OTHERS O. x-- SURIESSIT—O„Lze.HaIF 'CT (TLs�HEo,o 2 REINFORCI NA EssCEnSTEELHALLCON FORM TO All obis OR n196 JOINT SEAL DETAIL JOINTpSEAL DETAILREO ETEREONREN HnrEs. G con'AT s �aaoE so FORAPPROVAL f fl F1r C1� V/Y ��p�q� PAM Al I. f. IfS V f1 I II. M & WWW.ECO-SPAN.COM s�rveoav, �II��p�pp�enn��r� �ro � �"'�u �I E BLACKBERRY FARM BRIDGE ITARA TI s 8 rFb ovsomm�xnee M�` " mx. waam wxcEu vz HIE BLACKBERRY FARM, PHASE 2 DENTON CREEK Exh,b,t F s S8B26 3B9 JO ar q [ry o® o 14 15 NCINITY MAP I I n o „te21 a r, �J 5a% WALL LEGEND —AININ. WALL SCfdENING 'Al k L RELA NINC IVALL r r 14 m cmxx�t lI , v � N ohT Y � OCxC 12H I I M 8 k 89'21']}E }551 � � — SHEE� WALLTEI OF 1 z t/ II BLACKBERRY FARM ADDITION, PHASE 1 sy go — DETAILED PD "SF -9" LOTS 1-15 & 1X, 8X, BLOCK A, LOTS 1-16 & 4X, BLOCK B & LOTS 1-23, & 2X BLOCK C AND COMMON LOTS 3X 5X, 6X AND 7X �s\ Q BLACKBERRY FARM ADDITION, PHASE 2 nest�����Jrw 76111DETAILED PD °SF 7" / LOTS 1-20, BLOCK D AND COMMON LOT 9X BLACKBERRY FARM ADDITION BEING A 54,855 ACRE TRACT IN THE EDWARD A. COOK SURVEY, ABSTRACT NO. 300 JOHN JACKSON SURVEY, ABSTRACT NO. 698 DAND MYERS SURVEY, ABSTRACT NO. 886 COPPELL, DALLAS COU—, TEXAS \ DENTON CREEK LAND COMPANY, Ltd. „ BLACKBERRY FARM, Ltd. KAILICK 1kYuwSSOCUlI COTE C',P FE L File ID: 2020-5444 Version: 3 City of Coppell, Texas Master File Number: 2020-5444 Type: Agenda Item Reference: File Name: GEORGE Coffee Old Town Addition 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: City Council File Created: 12/07/2020 Final Action: Title: Consider approval of an Ordinance for PD -250R21 R -H (Planned Development -250 -Revision 21 -Revised -Historic) to allow the coffee shop/retail to remain on the 1 st floor and to convert one of the residential units (Apt. 202) into a 2,059 square foot professional office space on the 2nd floor; on 0.24 acres of property located at 462 Houston Street; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Attachments: City Council Memo - Ordinance.pdf, Ordinance.pdf, Enactment Number: Exhibit A - Legal Description.pdf, Exhibit B - Conceptual 2nd Floor Plan.pdf, Exhibit C - Old Town Parking Plan.pdf Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: 1 Planning & Zoning 12/17/2020 Approved Pass Commission 2 City Council 01/12/2021 Close the Public Hearing and Approve Text of Legislative File 2020-5444 Title Consider approval of an Ordinance for PD -250R21 R -H (Planned Development -250 -Revision 21 -Revised -Historic) to allow the coffee shop/retail to remain on the 1st floor and to convert one of the residential units (Apt. 202) into a 2,059 square foot professional office space on the 2nd floor; on 0.24 acres of property located at 462 Houston Street; and authorizing the Mayor to City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2020-5444) sign. Summary Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 1/22/2021 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 26, 2021 Reference: Consider approval of an Ordinance for PD-250R21R-H (Planned Development -250 - Revision 21 -Revised -Historic) to allow the coffee shop/retail to remain on the 1st floor and to convert one of the residential units (Apt. 202) into a 2,059 square foot professional office space on the 2nd floor; on 0.24 acres of property located at 462 Houston St, and authorizing the Mayor to sign. 2030: Enhance the Unique "Community Oasis" Experience & Create Business & Innovation Nodes Executive Summary: This request is to allow the conversion of a second -floor residential use to 2,059 square feet of speculative professional office space. Preliminary plans include 3 private offices, one multi-desk/shared office, and one common space including a utility room, kitchen, community table and soft seating area. It is estimated that this will allow for a staff of approximately 10. The applicant has received approval from the Old Town Coppell Property Owners Association for the conversion of this space. The applicant updated the parking analysis for the Main Street Area that was previously done for the Arts Center. Overall, there are 894 required spaces for the various uses and 1,015 parking spaces being provided for the master planned area. This does not include the 40 parking spaces on Burnett Street. Analysis: On January 12, 2021, the City Council (6-0), approved this zoning change subject to the following conditions: 1. This will be subject to a detailed building review with permit submittal. 2. This is subject to egress provisions for non-residential buildings under the 2015 IBC and once reclassified, the space cannot be used as a dwelling. On December 17, 2020, the Planning & Zoning Commission (6-0) recommended approval subject to the following conditions: 1. This will be subject to a detailed building review with permit submittal. 2. This is subject to egress provisions for non-residential buildings under the 2015 IBC and once reclassified, the space cannot be used as a dwelling. Legal Review: The City Attorney reviewed this ordinance. Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Ordinance 2. Exhibit A — Legal Description 3. Exhibit B — Conceptual Second Floor Plan 4. Exhibit C — Old Town Parking Plan AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -250R21 -H (PLANNED DEVELOPMENT -250 REVISION 21 -HISTORIC) TO PD-250R21R-H (PLANNED DEVELOPMENT -250 REVISION 21 REVISED -HISTORIC), TO ALLOW THE COFFEE SHOP/RETAIL TO REMAIN ON THE IST FLOOR AND TO CONVERT ONE OF THE RESIDENTIAL UNITS (APT. 202) INTO A 2,059 SQUARE FOOT PROFESSIONAL OFFICE SPACE ON THE 2ND FLOOR ON APPROXIMATELY 0.24 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF MAIN STREET AND HOUSTON STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SECOND FLOOR PLAN AND OLD TOWN PARKING PLAN, ATTACHED HERETO AS EXHIBITS `B" AND "C" RESPECTIVELY; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-250R21R-H should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell zoning change from PD -250R21 - H (Planned Development -250 Revision 21 -Historic) to PD-250R21R-H (Planned Development - 250 Revision 21 Revised -Historic), to allow the coffee shop/retail to remain on the 1st floor and to convert one of the residential units (Apt. 202) into a 2,059 square foot professional office space CITY OF COPPEL ORDINANCE TM 120181 on the 2nd floor as set forth and proved on the Concept Second Floor Plan, Exhibit B, on approximately 0.24 acres of property located at the northeast corner of Main Street and Houston Street and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes; SECTION 2. That Planned Development-250R21R-Historic shall be used and developed in accordance with the Historic District regulations except as hereby approved subject to the following development regulations: A) Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance with H, Historic District, as codified in Chapter 12, Article 28A of the Coppell Code of Ordinances. B) Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance as set forth in PD - 250R21 -H, Ordinance No. 91500-A-679 and PD -250R8 -H, Ordinance No. 91500-A-615, which are incorporated herein as set forth in full and hereby republished and the exhibits attached hereto. C) Use, occupancy, reconstruction and maintenance of the building shall be subject to a detailed building review with building permit application. D) Access of the second floor shall be subject to egress provisions for non- residential buildings under the 2015 International Building Code and once reclassified, the second floor space converted to non-residential use cannot thereafter be used as a dwelling for human occupancy. CITY OF COPPEL ORDINANCE TM 120181 SECTION 3. That the Conceptual Second Floor Plan and Old Town Parking Plan and notes set forth therein, attached hereto as Exhibits `B" and "C", respectively, and are made a part hereof for all purposes, are hereby approved as development regulations. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the 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 7. 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 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by CITY OF COPPEL ORDINANCE TM 120181 a fine not to exceed the sum of Two Thousand and No/100 Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its 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 2021 APPROVED: KAREN SELBO HUNT, Mayor ATTEST: ASHLEY OWENS, City Secretary APPROVED AS TO FORM: ROBERT E. HAGER, City Attorney CITY OF COPPEL ORDINANCE TM 120181 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -250R21 -H (PLANNED DEVELOPMENT -250 REVISION 21 -HISTORIC) TO PD-250R21R-H (PLANNED DEVELOPMENT -250 REVISION 21 REVISED -HISTORIC), TO ALLOW THE COFFEE SHOP/RETAIL TO REMAIN ON THE IST FLOOR AND TO CONVERT ONE OF THE RESIDENTIAL UNITS (APT. 202) INTO A 2,059 SQUARE FOOT PROFESSIONAL OFFICE SPACE ON THE 2ND FLOOR ON APPROXIMATELY 0.24 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF MAIN STREET AND HOUSTON STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SECOND FLOOR PLAN AND OLD TOWN PARKING PLAN, ATTACHED HERETO AS EXHIBITS `B" AND "C" RESPECTIVELY; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2015. APPROVED: KAREN SELBO HUNT, Mayor ATTEST: CHRISTEL PETTINOS, City Secretary CITY OF COPPEL ORDINANCE TM 120181 EXHIBIT'A' LEGAL DESCRIPTION BEGINNING at a 1/2 -inch iron rod set for corner at the most southwesterly corner of said Lot 1, Block C, said point also being the northeast corner of the intersection of Houston Street ( A variable width right-of-way ) and Main Street ( A 114 foot right-of-way ); THENCE North 01 deg. 47 min. 53 sec. West along the easterly right-of-way line of said Main Road, a distance of 88.02 feet to a "X" Cut in concrete found for corner, said corner also being the northwest corner of said Lot 1 R, Block C, same point being in the south line of a 15' Alley Dedication, Old Town Addition an addition to the City of Coppell, according to the plat thereof recorded in Document No. 2001200173120, Official Public Records, Dallas County, Texas; THENCE North 88 deg. 17 min. 04 sec. East, departing the easterly right-of-way line of said Main Street and along the south line of said 15' Alley Dedication, a distance of 117.54 feet to a 1/2 -inch iron rod found for corner, said point being the northeast corner of said Lot 2R, Block C, same point being the northwest corner of Lot 3R, Block C, Old Town Addition an addition to the City of Coppell, according to the plat thereof recorded in Document No. 2001200173120, Official Public Records, Dallas County, Texas; THENCE South 01 deg. 47 min. 53 sec. East, departing the south line of said 15' Alley Dedication and along the common line of said Lot 2R, Block C and Lot 3R, Block C, a distance of 87.55 feet to a 1/2 -inch iron rod found for corner, said point being the southeast corner of said Lot 2R, Block C, same point being the southwest corner of Lot 3R, Block C, said point also being in the north line of said Houston Street; THENCE South 88 deg. 12 min. 07 sec. West along the northerly line of said Houston Street a distance of 117.54 feet to the POINT OF BEGINNING and containing a computed area of 10,332 square feet or 0.237 acres or land. w t F s mr.,e,. 4 rm7�i�✓1v 9 dind r� e—. ry „ n � + w �.; x l e v i � t x 11 .S 11 ar f mp� P I I jm i _ � GEORGE 2nd Floor Pian Office Space in blue) (highlighted 4 l Professional Office Space r - 2059 square feet -3 private offices - 4 Shared office F777) � � � - Common Space, Utility and Storage 7 r � Residential Apartment (highlighted In green) - I bedroom - 700 square feat 2ND FLOIOR PLAN D 0 0 d F-0 0 o o 0 o o 0 0 An 0 Ll MAIN STREET ' L I L c L �o 0 0 MAIN STREET © 0, AIN STREET u 0 IL o 0 BURNETS TREET 0 FST F L i- Li --' S. COPPELL ROAD I -lT. .7 0].201^8 OLD TOWN ARTS CENITER COPPELL ... .... .... LDTOWN VICINITY SRKING PLAN A02 City of Coppell, Texas C',P FE L File ID: 2021-5502 Version: 1 File Name: PR Cleaning Contract Master File Number: 2021-5502 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Consent Agenda In Control: Parks and Recreation File Created: 01/19/2021 Final Action: Title: Consider award of an annual contract for Parks Restroom Cleaning & Related Services to Pure Service Corporation not to exceed $75,000.00, as budgeted; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Attachments: Memo.pdf, Bid tab.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5502 Title Consider award of an annual contract for Parks Restroom Cleaning & Related Services to Pure Service Corporation not to exceed $75,000.00, as budgeted; and authorizing the City Manager to sign all necessary documents. Summary See attached memo. Fiscal Impact: Funds have been budgeted in the Parks & Recreation Department for this contract. Staff Recommendation: The Parks and Recreation Department recommends approval. City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5502) Strategic Pillar Icon: 11::::�osteiir ain Illunclllusiiive Cornirnurfl-ty 1::::41biidc rfty Oasls' Cireate usiiness aur Illununevatieun IIIModes 'Sirriw-t IReSOLJH`Ce Sustainable Government City of Coppell, Texas Page 2 Printed on 112212021 T H K C. 1 T Y 0 F COPPEL , L MEMORANDUM To: Mayor and City Council From: Lloyd Mauch, Park Operations Manager Via: Brad Reid, Director of Parks and Recreation Date: January 26, 2021 Reference: Consider award of an annual contract for Parks Restroom Cleaning & Related Services to Pure Service Corporation not to exceed $75,000.00; as budgeted, and authorizing the City Manager to sign all necessary documents. 2040: Pillar 0: Foundation of Sustainable Government Goal 3: City Infrastructure will be Well -Maintained General Information: • Bid No. Q-1221-02 for Municipal Parks Restroom Cleaning & Related Services opened December 8, 2020. Contract includes the cleaning and disinfecting of nine (9) sets of restroom buildings in our park system, Monday through Friday, with five (5) bid alternates of additional cleaning services. • Ten (10) bids received (bid tabulation attached). • Bid was "Best Value" instead of "Low Bid" with weighted evaluation criteria. • Not to exceed $75,000.00 total combined pricing in Schedule A with alternate items one (1) through five (5). • Contract term is for one-year with options to renew four (4) additional one-year terms. Introduction: On November 20, 2020, the Parks and Recreation Department solicited bids for Park Restroom Cleaning & Related Services. On December 8, 2020, ten (10) cleaning service vendors turned in bids for consideration. Pure Service Corporation was the "low bid" and "best value" bid for base Pricing Schedule A at $51,000.00. The Parks and Recreation Department also included additional cleaning cycles if needed and five (5) Alternate Pricing Items for consideration should the need occur which were: 1) Graffiti removal, 2) Debris/litter removal, 3) Power washing, 4) Playground cleaning & disinfecting, 5) Pavilion cleaning & disinfecting. 1 Analysis: The Parks and Recreation Department, Park Operations Division, currently performs all janitorial cleaning duties at the nine (9) restroom buildings in the park system. This is a labor-intensive practice that takes valuable staff resources to accomplish and with the current more stringent COVID disinfecting practices has added more time to complete duties. Current trends that we are seeing in other cities regarding park restroom cleaning services is to contract out that service much like park departments are contracting out mowing services. Additionally, staff is taking on new properties to manage and perform the grounds maintenance services on including the Arts Center and Fire Station #4. Also, staff is adding the additional maintenance of the new highly landscaped medians on E. Parkway Blvd. and Freeport Parkway south of Bethel Rd. that were previously all turfgrass. Awarding this cleaning services contract would allow staff to focus on priority areas where skilled labor is needed to enhance the overall quality of our park system. The Parks and Recreation Department worked with Purchasing to bid this contract. The evaluation criteria included: purchase price, reputation of the bidder and of the bidder's goods and services, quality of the bidder's goods or services, extent to which the goods or services meet the municipality's needs, bidder's past relationship with the municipality, impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities, total long-term cost to the municipality to acquire the bidder's goods or services, and relevant criteria specifically listed in the request for bids or proposals. Based on best value, lowest bid and strong references, it is our recommendation that Pure Service be awarded Bid No. Q-1221-02 for the Parks Restroom Cleaning & Related Services Schedule A including additional cleaning cycles as needed with optional alternate bid items, one (1) through five (5) and not to exceed $75,000.00 with options to renew four (4) additional one year terms subject to staff review of the quality and service received. Legal Review: The Purchasing Department has reviewed the documents and determined that this is an appropriate method of contracting with this firm. Fiscal Impact: The total fiscal impact would be $75,000.00 if all estimated cleaning cycles and services are necessary dependent on conditions. The Parks Operations Division general fund budget includes approved 2020- 21 funding for this contract in the amount of $100,000. Recommendation: The Parks and Recreation Department recommends approval of this item. 2 city acwneii 0 #01221-02 n arks Clea g d R.— Services As read City of Coppell, Texas C',P FE L File ID: 2021-5493 Version: 3 File Name: Sensus/AquaMetric SOW Master File Number: 2021-5493 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: Finance File Created: 01/18/2021 Final Action: Title: Consider approval of a Scope of Work agreement with Aqua -Metric dated December 9, 2020 for assistance integrating Tyler Technology's Munis Utility Billing System with the Advanced Water Meter System for an amount not to exceed $84,125.00; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: SOW with AquaMetric Related to PIER IV Memo for Council.pdf, AMSC SOW SA 2nd Integration.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5493 Title Consider approval of a Scope of Work agreement with Aqua -Metric dated December 9, 2020 for assistance integrating Tyler Technology's Munis Utility Billing System with the Advanced Water Meter System for an amount not to exceed $84,125.00; and authorizing the City Manager to sign any necessary documents. Summary Please see attached memorandum. Fiscal Impact: The Advanced Water Meter Project was approximately S100,000less than anticipated. Therefore, the funding for this agreement would be covered with that savings which is included in the Water and Sewer City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5493) Fund retained earnings. Staff Recommendation: The Finance Department recommends approval of this agenda item. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 1/22/2021 a COPP,EL,L x s ti a MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Assistant Director of Finance Via: Jennifer Miller, Director of Finance Date: January 26, 2021 Reference: Consider approval of a Scope of Work agreement with Aqua -Metric dated December 9, 2020 for assistance integrating Tyler Technology's Munis Utility Billing System with the Advanced Water Meter System for an amount not to exceed $84,125; and authorizing the City Manager to sign. 2040: Foundation: Sustainable Government Introduction: The purpose of this agenda item is to approve funding for a statement of work agreement with Aqua -Metric to assist the City with integrating the current Sensus Advanced Water Meter and Customer Portal systems with the new Munis Utility Billing system which is part of phase IV of the Enterprise -wide Resource Planning (ERP) project. Analysis: The new Utility Billing software will require creation of new account numbers for each customer account. The Sensus Advanced Water Meter and the Customer Portal Systems both utilize the current customer account numbers to maintain water usage history. Aqua -Metrics will work with the City and the Munis implementation team to: - Integrate the new billing system with the Sensus Advanced Water Meter System - Assist with data migration, so historical data is not lost The result of entering this agreement is that all historical water usage data will be preserved. Water usage trends are valuable when assisting customers with questions about their water usage. Migrating existing data to the new system will provide staff the ability to continue assisting customers with questions concerning their water bill and historical water usage. In addition, customers who use the customer portal will not lose access to their historical water usage information when the new billing system goes live, and they will not need to sign-up for the customer portal again. There are currently 2,373 customer accounts with customer portal access. This represents 17.5% of all water accounts are signed -up for the customer portal. These customers will experience no disruption in service or data if this agreement is approved. In summary, approval of the agreement with Aqua -Metric will allow staff utilizing the Sensus Advanced Water Meter System and all customers who utilize the Customer Portal to have a seamless experience when accessing historical water information after the new Utility Billing software is implemented. Legal Review: The agenda item has been reviewed by legal as part of the agenda review process. Fiscal Impact: The Advanced Water Meter Project was approximately $100,000 less than anticipated. Therefore, the funding for this agreement would be covered with that savings which is included in the Water and Sewer Fund retained earnings. Recommendation: The Finance Department recommends approval of this agenda item December 9, 2020 Scope of Work for City of Coppell, Texas Second Sensus Analytics and Customer Portal Instance Overview The city of Coppell, TX requires the ability to integrate and test with their current and future CIS/billing systems in parallel. They are requesting that a temporary 2nd SA instance be set up for approximately 12 -month period (12/1/2020 — Munis go live 12/1/2021) to allow for integration/billing testing with their new billing vendor. The customer wishes to maintain the current customer portal login information and not require their customers to re- register after cut over to new billing system. Scope of Work This Scope of Work is subject to the terms of the AMI Agreement between the parties dated August 7, 2018, which is incorporated herein by reference. Sensus and Aqua -Metric will set-up a 2nd instance of SA for Coppell within the Sensus Analytics production platform. The 2nd instance will be a parallel system of the Coppell's current SA instance. Aqua -Metric and Sensus Professional Services will provide 100 hours of consulting time to assist Coppell plan for the cutover to new billing vendor. Hours must be used within a 12 month period. If Professional Services consulting time is needed past 100 hours, Sensus will charge $225 per hour. Aqua -Metric and Sensus Responsibilities: • Set-up a 2nd SA instance to match the setup of the existing Coppell's SA production instance (CPPLL). • Sensus and Aqua -Metric will migration historical SA data from the current instance to the 2nd instance. • Aqua -Metric and Sensus PS team will perform integration steps based on changes to vflex mapping and perform validation and engage with customer to perform validation testing. • Reading and Alarm data (CMEP files) sent from the RNI to the Production SA system (CPPLL) will also be used to populate the 2nd SA instance. • Develop a process to allow for Coppell's Customer Portal to be able to access the portal with existing Account numbers, and not be required to re -register after the reintegration. • Establish SUP file drop locations for each instance to upload specific vflex files. • Professional Services will work with Aqua Metrics to process requests to map and load new vflex files into the 2nd SA instance. • After 2nd SA instance validation is complete, updates will be made to the production SA instance. • The 2nd SA instance will be decommissioned when either the changes have been validated in the production instance or at the end of the 12 month validation window. Completion Criteria: • The integration of the 2nd Coppell SA instance is considered complete when a data sync (vflex) file has been processed successfully by the 2nd Coppell SA instance and a billing export file is generated and validated by Coppell. • Reintegration of the CPPLL instance with new billing system is considered complete when a data sync (vflex) file has been processed successfully by the CPPLL Coppell SA instance and a billing export file is generated and validated by Coppell. Customer Responsibilities: • Coppell will work with new billing vendor to: o Include new account numbers in the data sync (vflex) file. o Validate that the billing export generated by the 2nd SA instance can be consumed by new billing system and used to generate a valid bill. Proprietary and Confidential Thirkkettle CORPORATION Page 1 o Provide email confirmation when the new billing system has successfully consumed the billing export file. • CPPLL to provide a list of the current billing system's Account IDs aligned to the new billing system's Account IDs. Notes • The 2nd Coppell SA instance will not have the capability to issue commands to a meter (i.e. on demand read). • The test data with the second SA instance will not be stored, saved, or available once the terms of the SOW is complete. • Requests for vflex reintegration or DB clear and reload maybe requested by submitting a Purchase Order (using the part numbers below) to mike.wood@aqua-metric.com. Price *Zero dollar line items are required on purchase orders. NumberPart Description Quantity Unit Price Each Total *539.63.837.00521A Set-up of 2nd Coppell SA instance 1 Waived Waived 12/1/2020 — go I ive 12/1/2021 PS SA CUSTOM SA Vflex and billing integration for 1 $6,250.00 $6,250.00 2nd Coppell SA instance with new billing vendor. PS SA DATA MIGR Data Migration of historical data 1 $10,000.00 $10,000.00 from CPPLL instances of SA to the 2nd Coppell SA instance. Develop process to Maintain customer login from existing Customer Portal system throughout the reintegration. PS SA REINTG Reintegration of current CPPLL 1 $2,250.00 $2,250.00 SA& CP instances with new billing vendor. PS SA REINTG On demand refresh (Clear DB, 1 $625.00 $625.00 reload historical CMEP and load latest VFLEX). PS FEE HOURLY Sensus will provide 100 hours of 100 $225.00 $22,500.00 Professional Services support to plan for change in billing vendors and the impact on SA and CP. If Professional Services consulting time is needed past 100 hours, Sensus will continue to charge $225.00 per hour for the length of the project. SUPPORTANALYTIC Fee is waived for the 2nd SA 1 $1,250.00 per Month $1,250.00 per Month instance for the first 3 months. The fee is valid starting after 3 months and for the following 9 months. Proprietary and Confidential Thirkkettle CORPORATION Page 2 IP yimr~ in't TeriYris aired ScIII°-wdt llle Invoices are payable on a net 30 day basis. Upon SOW Execution: - Customer Portal and Sensus Analytics Setup Upon Completion of Service: - Vflex and Billing Integration - Data Migration - Reintegration Monthly: - Professional Services and Aqua -Metric Hourly Support Aqua Metric and Sensus Professional Services will only be billing for actual hours used. Aqua Metric and Sensus Professional Services does not bill for an hour if only 15 minutes of our time is used, however, if the next hour of support is short 15 minutes we will bill for a complete hour given that we did not bill for the 15 minutes Dreviously used. Project Sdlhedk 111e An estimated completion date will be provided within 30 days and work will commence approximately 60 days upon acceptance of the Statement of Work and purchase order. Accapt ince of TeriYTis If terms are agreeable, please sign below and return to mike.wood@aqua-metric.com. Aqua -Metric Sales Company By: Name: Title: Date: Proprietary and Confidential City of Coppell, Texas By: Name: Title: Date: Thirk-etut;l0 CORPORATION Page 3 After 12 months, pricing will increase to $1,875.00 monthly for the next 6 months. After 18 months the 2nd SA instance & associated data will no longer be available. To extend this time, a new SOW will need to be evaluate. LABOR Aqua -Metric Munis Project, 100 (hours) $200.00 per Hour $20,000.00 hourly consulting fee IP yimr~ in't TeriYris aired ScIII°-wdt llle Invoices are payable on a net 30 day basis. Upon SOW Execution: - Customer Portal and Sensus Analytics Setup Upon Completion of Service: - Vflex and Billing Integration - Data Migration - Reintegration Monthly: - Professional Services and Aqua -Metric Hourly Support Aqua Metric and Sensus Professional Services will only be billing for actual hours used. Aqua Metric and Sensus Professional Services does not bill for an hour if only 15 minutes of our time is used, however, if the next hour of support is short 15 minutes we will bill for a complete hour given that we did not bill for the 15 minutes Dreviously used. Project Sdlhedk 111e An estimated completion date will be provided within 30 days and work will commence approximately 60 days upon acceptance of the Statement of Work and purchase order. Accapt ince of TeriYTis If terms are agreeable, please sign below and return to mike.wood@aqua-metric.com. Aqua -Metric Sales Company By: Name: Title: Date: Proprietary and Confidential City of Coppell, Texas By: Name: Title: Date: Thirk-etut;l0 CORPORATION Page 3 City of Coppell, Texas C',P FE L File ID: 2021-5503 Version: 1 File Name: STIR Ordinance Amendment Master File Number: 2021-5503 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: City Council File Created: 01/19/2021 Final Action: Title: Consider approval of an Ordinance of The City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by repealing Article 9-29, "Short Term Rentals," and replacing it with a new Article 9-29 Short Term Rentals; the provisions of this article shall expire on January 31, 2022, unless extended by Ordinance of the City Council; and authorizing the Mayor to sign. Notes: Sponsors: Attachments: Council Memo - Short -Term Rental Ordinance.pdf, Ordinance - Short -Term Rental.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5503 Title Consider approval of an Ordinance of The City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by repealing Article 9-29, "Short Term Rentals," and replacing it with a new Article 9-29 Short Term Rentals; the provisions of this article shall expire on January 31, 2022, unless extended by Ordinance of the City Council; and authorizing the Mayor to sign. Summary Strategic Pillar Icon: ,rfl ; O ls City of Coppell, Texas Page 1 Printed on 1/22/2021 •�° D .�... .�...... . . COPFEL,L"', . . . ... . . . MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 26, 2021 Reference: Consider approval of an ordinance of The City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by repealing Article 9-29, "Short -Term Rentals," and replacing it with a new Article 9-29 Short -Term Rentals. The provisions of this article shall expire on January 31, 2022, unless extended by ordinance of the City Council; and authorizing the Mayor to sign. 2040: Enhance the Unique "Community Oasis" Experience Introduction: This proposed ordinance provides for the registration and operation of Short -Term Rentals in the City of Coppell. This ordinance is proposed to have an effective date of January 31, 2021, and an expiration date of January 31, 2022. Background: On April 10, 2018, staff briefed City Council on national, state, and local trends in regulations on short- term rentals and summarized the various options, ranging from complete prohibition of short-term rentals to no regulations on them at all. Understanding that City Council wanted to implement regulations, staff discussed that these short-term rental regulations needed to be enforceable and provide clarity of the policies for both, the property owner and the enforcement personnel. On June 12, 2018, The City of Coppell passed a Short -Term Rental Ordinance that provided a balance between the desires of owner -occupants to share their home, on an intermittent basis, and the protection for the neighboring properties. This ordinance provided for a sunset review that expired on December 31, 2019. On December 10, 2019, City Council approved extending Chapter 9 of the Code of Ordinances, Article 9-29, "Short -Term Rentals," providing for the sunset review to be extended from December 31, 2019 to January 31, 2021. With the current sunset review expiration approaching, staff presented a revised ordinance to City Council for consideration on January 12, 2021. The revised ordinance will expire on January 31, 2022, unless extended by the City Council. Analysis: Per City Council's direction, short-term rental enforcement has been a priority for staff. A contract has been in place with a third -party vendor to assist staff in identifying short-term rental properties, within Coppell city limits, since January 2019. Staff can contact owners regarding the registration of properties as a short-term rental once an unregistered property is identified. That property must meet the current requirements outlined in the ordinance to receive a permit. Currently, the City of Coppell has 11 registered short-term rentals, within Coppell city limits. The proposed changes to the ordinance will not have an immediate impact on registered short-term rentals, however, the changes will provide staff the ability to revoke existing permits, as outlined below. The existing ordinance requires the short-term rental property to be the primary residence of the owner, limits the number of guests on each property, ensures no negative impact on abutting properties, and provides a tool for enforcement and tax collection. Those requirements remain unchanged. However, staff has worked closely with Attorney Bob Hager to discuss potential changes improving the current ordinance and allowing it to be more enforceable by staff. A summary of the recommended changes are as follows: STR Proposed changes 1. Registration Process Property owner must provide: • A complete list of all rentals advertised on all hosting sites. • Name, address, e-mail address, and telephone number of the resident owner, nonresident owner, property manager, resident manager, local emergency contact, and mortgagee, if there is a mortgage against property. • Names and addresses of all registered agents should the parties named in this subsection be corporations. • Zoning classification(s). • Acknowledgement of receipt of a copy of this article and agreement to comply with all provisions of this article as a condition to receiving and maintaining a short-term rental license. 2. All property owners, within 200 feet of the short-term rental property, will be notified that a new permit has been issued with relevant information regarding the short-term rental provisions and contact information, including a 24-hour complaint line. 3. A permit may be revoked if there are four, or more, short-term rental violations of the ordinance or other safety, health, and welfare ordinances of the city, within twelve months. 4. All short-term rental violations will be handled per Code Compliance standard care protocols. A code compliance case will be opened, and three notices will be given before citations and/or, revocation of permits. If approved, this ordinance will go into place on January 31, 2021, and expire on January 31, 2022. Legal Review: City Attorney reviewed these proposed regulations. Fiscal Impact: None Recommendation: Community Development recommends approval. Attachments: Short -Term Rental Ordinance 2 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY REPEALING ARTICLE 9-29, SHORT TERM RENTALS IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 9-29, SHORT TERM RENTALS; PROVIDING FOR REGULATIONS FOR THE REGISTRATION AND USE OF SHORT TERM RENTALS; PROVIDING FOR REGISTRATION, PROVIDING FOR DEFINITIONS; PROVIDING FOR INSPECTIONS; PROVIDING FOR RESTRICTIONS; PROVIDING FOR BROCHURE AND SAFETY REQUIREMENTS; PROVIDING FOR NEIGHBORHOOD NOTIFICATION; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FEES; PROVIDNG FOR A SUNSET REVIEW: PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that regulations are needed to be updated to address regulations for Short Term Rentals, and WHEREAS, permanent residents desire the option to occasionally utilize their properties for home share rentals, and WHEREAS, the operation of Short Term Rentals should not negatively affect property values, and WHEREAS, the Short Term Rentals should be required to pay Hotel Occupancy Taxes, and WHEREAS, the City Council has determined that regulations needed are intended to protect the public health, safety, morals and general welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 9, General Regulations, of the Code of Ordinances is hereby amended by repealing Article 9-29, Short Term Rentals in its entirety and replacing it with a new Article 9-29, Short Term Rentals, which shall read as follows: "CHAPTER 9, GENERAL REGULATIONS ARTICLE 9-29 SHORT TERM RENTAL 1 TM119850 "Sec. 9-29-1. - Purpose and applicability. The purpose of this division is to establish regulations for the registration and use of Short Term Rentals for single family living units. The requirements of this division apply only to Short Term Rentals, as defined herein, located in residential and historic zoning districts established under the city's Zoning Ordinance, Chapter 12 of Code of Ordinances. Nothing in this division, however, shall be construed to be a waiver of the requirement to assess and collect hotel occupancy taxes for any residential rental for less than 30 consecutive days, or any other applicable provision of the Coppell Code of Ordinances. Sec. 9-29-2. -Definitions Advertise means the written, audio, oral or other methods of drawing the public's attention whether by brochure, written literature or on-line posting to a Short Term Rental in order to promote the availability of the short term rental. Host means the person, firm, corporation, partnership or association, assigned the duty and responsibility by the owner to manage or rent the residence for a short term rental. Hotel Occupancy Tax means the hotel occupancy tax as defined in Chapter 1 the Coppell Code of Ordinances and Chapter 3 of the Texas Tax Code. Local Emergency Contact means an individual other than the applicant, who resides within 20 miles of the subject property, and who is designated by the owner/applicant to act as the owner's authorized agent if the owner has traveled outside of the immediate area or is otherwise unavailable. The local emergency contact should reachable on a 24-hour basis, have access to the Short Term Rental Property, and be authorized by the owner to act in the owners absence to address any complaints, disturbances, and emergencies. Owner means the person who, in accordance with the most recently recorded deed, deed of trust, security instrument, trust instrument, affidavit of heirship, muniment of title or other similar document indicating title to real property recorded in the Official Public Records of Dallas County, Texas, is vested in, the ownership, dominion or title of real property, including, but not limited to: 2 TM119850 (1) The owner of a fee simple title; (2) The owner of a life estate; (3) The purchaser named in an executory contract for conveyance entered in compliance with title 2, chapter 5, subchapter D of the Texas Property Code, as amended, and recorded in the Official Public Records of Dallas County, Texas if required by V.T.C.A., Property Code § 5.076, as amended; or (4) A mortgagee, receiver, executor or trustee in control of real property. Person means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or community entity. Primary Residence means the usual dwelling place of the applicant's residential dwelling and is documented as such by at least two of the following: motor vehicle registration, driver's license, Texas State Identification card, voter registration, property tax documents, or utility bill. For purpose of this chapter, a person may have only one primary residence. Short Term Rental (STR) is defined as "the rental of any residence or residential structure, or a portion of a residence or residential structure for a period of less than 30 days". The term does not include; 1. a unit that is used for a nonresidential purpose, including an educational, health care, retail, restaurant, banquet space, or event center purpose or another similar use; 2. a bed and breakfast; or 3. a hotel/residence hotel. Single-family residence means a single-family residence as referred to in this article which includes the following: (1) One -family dwelling (detached): A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract; 3 TM119850 (2) One -family dwelling (attached): A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a platted separate lot, delineated by front, side and rear lot lines; (3) Two-family dwelling: A single structure designed and constructed with two dwelling units under a single roof for occupancy by two families, one in each unit; and (4) Condominium: The separate ownership of single dwelling units in a multiple unit structures with common elements and; (5) Multi -family dwelling or apartment: Any building or portion of a building, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units. Residential districts: Includes the following districts: SF -ED, SF -18, SF -12, SF -9, SF -7, 217-9, TH-1, TH-2, RBN or any Planned Development District defined as a residential use in Chapter 12 of the Code of Ordinances. Short term rental license means the license issued by the building official or their designee pursuant to this article. Sec. 9-29-3. - Short Term rental registration requirements. A. No person shall hereafter advertise, offer to rent or rent, lease, sublease, license or sublicense a residential property within the City as a Short Term Rental for which a registration has not been properly made and filed with the community development department of the city. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: 1. Name, address, phone number and e-mail address of the property owner (s) of the Short Term Rental property. 2. Verification of that this Short Term rental property is the applicant's Residence. 4 TM119850 3. Name, address, phone number and e-mail address of the designated Local Emergency Contact. 4. The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with Sec 9-29-5 (b) of the Code of Ordinances. 5. A submission of a sketch floor plan of the dwelling with dimensioned room layout. 6. Site Plan/Survey of the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto street, sidewalks or alleys; other public rights-of-way or public property. 7. Property owner must submit complete list of all rentals advertised on all hosting sites. 8. Name, address, e-mail address, and telephone number of the resident owner, nonresident owner, property manager, resident manager, local emergency contact, and mortgagee, if there is a mortgage against property. 9. Trade name of resident owner or nonresident owner. 10. Names and addresses of all registered agents should the parties named in this subsection be corporations. 11. Zoning classification(s). 12. Acknowledgement of receipt of a copy of this article and agreement to comply with all provisions of this article as a condition to receiving and maintaining a short-term rental license. Sec. 9-29-4. - Inspection Required A. Upon registration and renewal, and prior to the first rental occupant of a Short Term rental property, after such registration and renewal, the owner is required to schedule an Inspection of the residential structure with the community development department to determine compliance with the minimum property standards in Article 15-14 of the Code of Ordinances. 1. If only a portion of the premises is offered for rent, then that portion plus shared amenities and points of access shall be inspected. 5 TM119850 2. If, upon completion of the inspection, the premises are found to be in violation of one or more provisions of applicable City codes and ordinances, the City shall provide written notice of such violation and shall set a re -inspection date for violation to be corrected prior to its occupancy. Sec. 9-29-5. - Restrictions on Short Term Rentals. A. External Signage. There shall be no external on-site or off-site advertising signs or displays indicating the property is s Short Term Rental. B. Limit on occupants allowed. No more than two adult guests per bedroom, plus no more than two additional adults shall be allowed when renting a property as a home share rental, except that: 1. There shall be a maximum occupancy often (10) persons, adult and children. 2. Bedrooms under 120 square feet shall be limited to only adult one occupant. C. Limits on number of vehicles. There shall be a maximum of one car per bedroom, or maximum number of cars that can be accommodated within the garage and driveway, without extending over the public rights of way (alleys and sidewalks) whichever is less. D. Advertisement and contracts. Any advertisement of the property as a short term rental and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles. E. Other restrictions. It is unlawful: 1. To operate or allow to be operated a Short Term Rental without first registering the property in which the rental is to occur with the City in accordance with this article; 2. To advertise or offer a Short Term Rental without first registering the property in which the rental is to occur with the City in accordance with this article; documented advertisement of the subject property as a Short Term Rental, online or offline, shall be considered evidence of a violation of this ordinance; 3. To operate a Short Term Rental that does not comply with all applicable city and state laws and codes; 4. To operate a Short Term Rental that does not comply with all applicable city and state laws and codes; 6 TM119850 5. To operate a short term rental without paying the required hotel occupancy taxes; 6. To offer or allow the use of a Short Term Rental for the sole or primary purpose of having a party venue; 7. To fail to include a written prohibition against the use of a Short Term Rental for having a party in every advertisement, listing, or other publication offering the premises for rent. 8. Permit the use of the Short Term Rental for the purpose of: housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Alcoholic Beverage Code; or operating as a sexually oriented business. Sec. 9-29-6. - Brochure and safety features. A. Informational brochure. Each registrant operating a Short Term Rental shall provide to guests a brochure that includes: 1. The registrant's twenty-four (24) hour contact information; 2. The host's twenty-four (24) hour contact information if the property owner is not within the city limits when guests are renting the premises; 3. Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; 4. Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non- emergency telephone numbers for police, fire and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. B. Safety features. Each Short Term Rental registrant shall provide in the premises working smoke detectors in accordance with adopted codes and at least one working carbon monoxide detector and alarm, and one working fire extinguisher. The premises shall, otherwise comply with applicable Codes of Ordinance including but not limited to Building and Fire Codes. Sec. 9-29-7. — Notification of Approval of Short Term Rental 7 TM119850 Within ten (10) days of the approval of a Short Term Rental registration or renewal, a notice will be sent to all property owners within two -hundred feet (200 ft.) of the property, and shall include the 24-hour complaint line, and pertinent information about this article. Sec. 9-29-8. - Registration term, fees, and renewal. A. All registrations approved under this Chapter shall be valid for a period of one year from the date of its issuance. 1. The fees for registration of a Short Term Rentals shall be as established by resolution of the City Council and may include the following: a. The initial registration fee, b. a late fee of twice the established the fee, and C. senior exemption or other exemption. B. Upon receipt of an application for renewal of the registration, the director or their designee may deny the renewal if there is reasonable cause to believe that: 1. The registrant has violated any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or 2. There are grounds for suspension, revocation, or other registration sanction as provided in this article. Sec. 9-29-9. - Inspections; re -inspections; suspension and revocation of license. (a) Inspections; access. The resident owner, nonresident owner, resident manager and property manager, as a condition to the issuance of a short-term rental license required by this article, shall consent and agree to permit and allow the city's building official or their designee to make the following inspections of the short-term rental when and as needed to ensure compliance with this article: (1) Right and access to inspect all portions of the premises and structures located on the premises that are not dwelling units, including, but not limited to, all storage areas, detached garages, and swimming pools, upon reasonable advance notice being given to the resident owner, nonresident owner, property manager or resident manager; 8 TM119850 (2) Right and access to inspect all unoccupied dwelling units upon giving reasonable notice to resident owner, nonresident owner, resident manager or property manager; (3) Right and access to inspect all occupied dwelling units when, upon receipt of reliable information, the building official or their designee has reason to believe that violations of the ordinances of the city or state law exist that involve serious threats to life, safety, health and property; and (4) Before the short-term rental license and any renewal of the short- term rental license is approved, and before the rental of any single-family residence as a short-term rental under this article, the resident owner, nonresident owner, resident manager or property manager shall request an inspection and make the single-family residence available for inspection by the building official or their designee. The building official or their designee and the resident owner, nonresident owner, resident manager and property manager shall agree on a reasonable date and time for the requested inspection. (b) Admission to premises. The building official or their designee may enforce the provisions of this article upon presentation of proper identification to the occupant in charge of the short-term rental and may enter, with the occupant's permission, any short- term rental between the hours of 8:00 a.m. and 6:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life, or severe property damage, the building official or their designee may enter the short-term rental referenced in subsection (a) of this section at any time and upon presentation of identification and the occupant's permission shall not apply. Whenever the building official is denied admission to inspect any short-term rental under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. (c) Reinspection. If any of the inspections authorized by this article require a second reinspection due to noted violations, then a reinspection fee of $50.00 shall be paid prior to the second reinspection. (d) Suspension or revocation of license. Failure of an owner to comply with the provisions of this article after receipt of written notice of the violation from the building official or their designee setting out the violations and the time allowed to rectify the 9 TM119850 violations, the short-term rental license authorized by this article issued to the owner may be suspended or revoked by the community development department. (e) Reinstatement. Any person requesting a reinstatement or reissuance of a short- term rental license that has been suspended or revoked shall be required to apply for and receive a new short-term rental license issued under this article as a condition precedent to the reissuance or reinstatement of the certificate of occupancy. Sec. 9-29-10.- Revocation/Appeal A. Permit maybe denied and/or revoked by the City Manager or designee upon a finding by the noncompliance with any provisions of this article or violations of the Comprehensive Zoning Ordinance, or other applicable city codes. B. A permit holder may be subject to revocation of their permit if there are four or more violations within a twelve-month period of this article or other safety, health and welfare ordinances of the City. C. The community development department shall issue a notice of violation of any provision of this article or violations as provided herein. Such notice shall include the date, time and synopsis of the facts surrounding such violation. D. An applicant or permit holder who wishes to appeal the denial or revocation of a permit under this article, shall file an appeal with the Board of Adjustment for reinstatement of a denied or revoked permit. E. The Board of Adjustment shall conduct an evidentiary hearing, take testimony and receive any documented evidence to determine whether the decision of City Manager or designee should be upheld or overturned. F. At the hearing, the Board of Adjustment shall receive a testimony and evidence to contest the decision to deny or revoke a permit. G. The Board of Adjustment upon completion of a hearing, shall upon a majority vote of four-fifths of the Board grant or deny the appeal. H. After a permit under this article has been revoked an owner may not reapply until after a six (6) months of any revocation or appeal. I. All decision of the Board of Adjustment under this article shall be deemed final. 10 TM119850 Sec. 9-29-11. — Fees All fees for registration, inspection or renewal, including any late fees or exemptions, as provided in this article, shall be as established by resolution of the City Council Sec. 9-19-12. - Presumption; presentation of documents or affidavit. (a) Presumption. It shall be a rebuttable presumption that a single-family residence that is occupied by one or more person(s) who are not the owner is being occupied pursuant to an agreement between the owner and the occupant(s) of the single-family residence wherein the occupant(s) have agreed to lease said residence from the owner. (b) Presentation of documents or affidavits. Any resident owner or nonresident owner claiming that the owner is not required to obtain a short-term rental license pursuant to this article shall, not later than five business days following receipt of a written request of the building official or their designee or, in the case of an appeal filed pursuant to Section 9-29-10 of this article deliver to the community development department a true and correct copy of any agreements, documents of title, letters of administration, letters testamentary, executory contracts for conveyance (also known as "contracts for deed"), affidavits, or other documents that establish to the satisfaction of the community development department that a landlord/tenant relationship does not exist between the owner and the occupant(s) of the single-family residence. Unless an extension of the time for delivery of such documents or affidavits is granted by the building official or their designee or city manager, as the case may be, the failure of the owner to present the requested documents within the time provided by this subsection (b) shall result in the presumption described in subsection (a) above, becoming irrefutable. Sec. 9-29-13. — Violations and Penalties Violation of this ordinance upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. Sec. 9-29-14. — Sunset Review 11 TM119850 The provisions of this article shall expire on January 31, 2022 unless extended by ordinance of the city council." SECTION 3. That all provisions of the 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 sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be 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 this ordinance shall take effect on January 2, 2019 and after publication of its 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 2020. KAREN SELBO HUNT, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY 12 TM119850 APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY 13 1'M119850 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY REPEALING ARTICLE 9-29, SHORT TERM RENTALS IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 9-29, SHORT TERM RENTALS; PROVIDING FOR REGULATIONS FOR THE REGISTRATION AND USE OF SHORT TERM RENTALS; PROVIDING FOR REGISTRATION, PROVIDING FOR DEFINITIONS; PROVIDING FOR INSPECTIONS; PROVIDING FOR RESTRICTIONS; PROVIDING FOR BROCHURE AND SAFETY REQUIREMENTS; PROVIDING FOR NEIGHBORHOOD NOTIFICATION; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FEES; PROVIDNG FOR A SUNSET REVIEW: PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2020. • m KAREN SELBO HUNT, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY 14 TM119850 C',P FE L File ID: 2021-5504 Version: 1 File Name: EAM System City of Coppell, Texas Master File Number: 2021-5504 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: Engineering File Created: 01/20/2021 Final Action: Title: Consider approval of a contract with Cartegraph Systems, LLC., in the amount of $288,085.00, for the purchase of an Enterprise Asset Management System (EAM); and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: Cartegraph EAM Memo.pdf, Cartegraph Contract.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5504 Title Consider approval of a contract with Cartegraph Systems, LLC., in the amount of $288,085.00, for the purchase of an Enterprise Asset Management System (EAM); and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda item is a total of $288,085.00, as provided in undesignated fund balance in the General Fund, Drainage Utility Fund, and Water/Sewer Utility Fund. Staff Recommendation: The Public Works Department recommends approval of this contract. Strategic Pillar Icon: City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5504) Sustainable City Government City of Coppell, Texas Page 2 Printed on 1/22/2021 T FIS E . C I T Y 0 F COPPELL N s. � 4i G r✓ r t ryv MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Date: January 26, 2021 Reference: Enterprise Asset Management System (EAM) Contract with Cartegraph Systems, LLC 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information: Request for Proposal (RFP) — December, 2020 One proposal received from Cartegraph Systems, LLC for $288,085.00 20 month implementation schedule Separate contracts with Tyler and Online Business Systems for Integration and Project Management Total EAM project cost of approximately $562,000.00, including software, project management, and integrations Software as a Service model Currently use Tyler Public Maintenance Management (PMM) for work order and asset management; PMM becoming obsolete Evaluated other Enterprise Asset Management Systems Introduction: Consider approval of a contract with Cartegraph Systems, LLC., in an amount of $288,085.00, for the purchase of an Enterprise Asset Management System (EAM); and authorizing the City Manager to sign any necessary documents. Analysis: The City implemented a system for the management of work orders, permitting, and work management in 2016. This system, Tyler Public Maintenance Management (PMM), was implemented in conjunction with a separate system to handle the land development process. Tyler has ceased development and refinement of the current system and staff has determined through extensive investigation that the new Tyler product, Tyler EAM, does not meet the current or long- term needs of the city. Those requirements include: data flexibility; GIS -centric; handle all asset types; include asset performance capabilities; proven experience integrating with Tyler products; ease of use. Based on these requirements and evaluation of the EAM products available, staff determined that Cartegraph Systems offered the best product (Cartegraph Operations Maintenance System, or OMS) to meet the city's needs. To ensure the best pricing and that our specific requirements would be addressed, a request for proposals was issued in December, 2020 for the OMS software and implementation. Cartegraph Systems was the only responder to the request. A companion item is included on the agenda this evening to consider an amendment to Online Business Systems for project management services associated with the implementation of the Cartegraph OMS. Other contractual support will be needed from Tyler during the system integration portions of the project (integrating with Tyler MUNIS and Energov systems). Legal Review: The contract was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this Agenda item is a total of $288,085.00, as provided in undesignated fund balance in the General Fund, Drainage Utility Fund, and Water/Sewer Utility Fund. Recommendation: The Public Works Department recommends approval of this contract. �a �n d S e �ry ce s C o �n �ra c�t CurteCruphSystems LLC 3600Digital Drive Dubuque, |A52003 800 688.2656 563 556.8120 So�f��tware �a �n d S e �ry ce s C o �n �ra c�t CurteCruphSystems LLC 3600Digital Drive Dubuque, |A52003 800 688.2656 563 556.8120 Coppel,TX, 1 1/21/2021 Cartegraph is pleased to present this Purchase Agreement for the implementation of world daya technology solutions. This Purchase Agreement is made and entered into batvvaan Coppell° TX (hereinafter referred toaaCustomer) and Cartegraph Systems LLC (hereinafter referred toaa Cartegraph). In the case that anyterms or conditions provided in the Cartegraph Solutions Agreement different fronn, are provided in more detail by, or are made irrelevant by the tarnna and conditions provided in this Purchase Agreement, the terms in this Purchase Agreement shall control. For all terms and conditions not addressed by this Purchase Agreement, the Cartegraph Solutions Agreement shall control. Coppell, TX Coppell, TX 75019 The addenclums attached here to include: AddandunnA-SupportSamimaa Addendum 8- Field Services Addendum C - Additional Services Coppell, TX 255 Parkway Blvd Coppell, TX 75019 Page 2 of 10 Coppell, TX, 1 1/21/2021 Cairte'graph Product Year OMS Plus Quantity I Price USD 11,400.00 Facilities Quantity 1.00 Price USD 2,850.00 Sanitary Sewer Quantity 1.00 Domain Price USD 2,850.00 Signal Domain Quantity 1.00 Price USD 2,375.00 Stormwater Quantity 1.00 Domain Price USD 2,850.00 Transportation Quantity 1.00 Domain Price USD 2,850.00 Walkability Quantity 1.00 Domain Price USD 1,140.00 Water Distribution Quantity 1.00 Domain Price USD 2,850.00 Internal Requests Quantity 1.00 Price USD 380.00 OMS User Quantity 50.00 Price USD 15,200.00 Asset Builder Quantity 1.00 Price USD 760.00 Page 3 of 10 Coppell, TX, 1 1/21/2021 Cairte'graph Product Year Price Systems Quantity 1.00 Integration Support 1.00 USD 10,260.00 Munis UB 1.00 USD 6,840.00 Implementation Services OMS Munis Purchasing Price USD 5,760.00 Systems Quantity 1.00 Integration Support 1.00 USD 2,280.00 Tyler Energov ----------------------------------------- ------------------------------- --- USD 25,600.00 Price USD 3,840.00 Systems Quantity 1.00 Integration Support Execu Time Price USD 1,280.00 Systems Quantity 1.00 Integration Support Munis Purchasing Price USD 1,920.00 Systems Quantity 1.00 Integration Support Munis HCM Price USD 1,280.00 TOTAL: USD 59,585.00 Product Quantity Price Implementation Services OMS 1.00 USD 77,820.00 Implementation Services OMS MunisUB 1.00 USD 10,260.00 Implementation Services OMS Tyler Energov 1.00 USD 6,840.00 Implementation Services OMS Munis Purchasing 1.00 USD 2,280.00 Implementation Services OMS Execu Time 1.00 USD 3,420.00 Implementation Services OMS Munis HCM 1.00 USD 2,280.00 Expense Reimbursement 1.00 USD 25,600.00 TOTAL: USD 128,500.00 Page 4 of 10 Coppel,TX, 1 1/21/2021 a Time and Materials Basis Time and Materials USD76,000.00 Estimated Expenses USD24,000.00 ° Thephcing|istedabovedoesnotindudeapp|icab|esalestax. ° The Cartegraph OMS pricing listed above does not include Esri ArcGIS licenses. ° Hosting includes 250G0ofavailable fi|a storage. If additional storage is required, the Organization can purchase in |TBincrements. ° NOTE: The storage calculation only applies to Production, we do not track the storage in the test environment. Cost for anaddtiona| |TBia$2.500.00. Page 5 of 10 Coppel,TX, 1 1/21/2021 Payment Terms and Conditions |nconsideration for the Solutions and Services provided bvChtoCustommer, Customer agrees to pay Cartegraph the Fees in U.S. Dollars as described below: Customer and| be provided with the ability to acmaaa and use the Solutions upon azammbon of this Purchase AureannamL If applicable, Services as set forth in Addenda A and 0 will be scheduled and delivered upon your acceptance of this Purchase Agreement, which will be considered as your notification to proceed. Custom eragreesto workwith Cartegraph to schedule Services in atim ely manner (see Addenda A&B). All undelivered Services shall expire 365 days from the signing of this Purchase ����[1T���������C . . .......�� The fee for solutions will badue inannual installments |5days prior tothe anniversary ofthe initial term as follows: I . $59,585.00 due upon execution of the Purchase Agreement. S �k�'�C 111�11� S����O�CH 'J,G Invoicingforthe Field Services fee shall occur upon the acceptance ofthis Purchase Agreementand shall beinvoiced asfollows: Phase I I. 25%upon execution ofthe Purchase Agreement 2. 25%atthe completion ofthe assessmment/de|iverF 3. 25%atthe completion ofthe test deployment. 4. 25%atthe completion production deployment. |. 25%upon execution ofthe Purchase Agreement 2. 25%atthe completion ofthe assessmment/de|iverF 3. 25%atthe completion ofthe test deployment. 4. 25%atthe completion production deployment. In providing the services included in this Purchase Agreement, Cartegraph shall be reimbursed for any reasonable out-of-pocket costs, including, but not limited to, travel, lodging, and meals. Out-o[-pomkat expenses are billed based onactual costs incurred and are due separately. Page 6 of 10 Coppell, TX, 1 1/21/2021 I , x,'11 I ,I ��, I . ......... J, , , -F � III S", All payments are due Net 30 days from start date of invoice. Page 7 of 10 Coppell, TX, 1 1/21/2021 : Wv I Loa ON, IMPIMMOMI '911M, '9 NO q URNOW UNIMURO Cartegraph Systems LLC By: By: (Signature) (Signature) (Type or Print Name) Title: SVP of Sales & Marketing Title: Date: Date: (Type or Print Name) Page 8 of 10 Coppell, TX, 1 1/21/2021 Cartegraph Systems LLC Addendum A - Support Services Cartegraph Supportand Training Services— Scope ofWork The Support Services listed in the Investment Summary of the Purchase Agreement are specifil Purchase Agreement, and the Cartegraph Solutions Agreement. Cartegraph will coordinate with the Customer on service delivery expectations and timeframes. As part of Customer's subscription to access and use of the Cartegraph Solutions, Customer will receive: 1. Support Services a. Campus — www.campus.cartegraph.com Our UserAssistance area is a convenient and easily -shareable resource designed to helpyou anclyourco- workers better understand the functions and capabilities ofyour Cartegraph Solutions. Instantlyaccess user tips, step-by-step instructions, videos, and more. b. Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 and Live Chat When questions need answers and difficulties arise, count on our industry-leading Support team to provide the guidance and assistance you need. Reach us as often as you need Monday -Friday, 7:00 am -7:00 pm CT. Live Chat is available within the product or through Campus. c. Support via Case Submittal or Email If a phone call or live chat is not your best option, you can always request support via our online case submittal form available in Campus or via email. Email support is available at support@cartegraph.com. 2. Training & Education Services a. Convenient Online Resources: All the information you need, one click away. Take advantage of online training opportunities, tutorial vi. - r « epcoming event information, and more. b. Customer Led User Groups :Meet and network with similar Cartegrach users On �iour re ion. Customer led User Groucs alloou to find out what other organizations are doing to get more from their Cartegraph solutions and services. 3. Releases & Upgrades a. New Releases: with an active subscription, you will receive each new release of the software. i. Cloud -hosted customers: Your cloud -hosted site will be upgraded by our Cartegraph System Consultants after the release isavailable. ii. On -premise customers: For your on -premises installation, our Technical Consultants will work with your organization's IT staff to deliver the latest software release. Software will be made available after installation to the Cartegraph cloud -hosted customers. b. Service Packs: If required, cloud -hosted sites will receive Service Packs as needed. These Service Packs are installed bythe Cartegraph System Consultants. Page 9 of 10 Coppell, TX, 1 1/21/2021 Cairte'graph ii. On -premises customers that contacted Cartegraph Technical Supportaboutan issuethatis resolvedwiththe Service Pack, will be provided the service packfor installation. These on -premises customers can then schedule a time to install the Service Pack with our Technical Support team c. Hot Fixes: If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot fixand provide application specialistswith detailed levels of product knowledge to work with you in achievinga timely and effective resolution Cartegraph will provide the Support Services onlyto Customer, provided that Cartegraph reserves the rightto contact any third party as necessary to facilitate the delivery of Support Services or other services relating to the Solutions. Said support applies only to the most current version of the product and the previous version in succession. documentation and specifications. Cartegraph is under no obligation to modify the Solutions so that the modified Solutions would depart from Cartegraph's published documentation and specifications for such Solutions. Page 10 ofI0 Cartegraph Systems LLC Addendum B - Field Services (Fee for Service) Cartegraph Field Services — Scope of Work The Field Services listed in the Investment Summary of the Purchase Agreement are specific Cartegraph Services which will be delivered to the Customer based on the descriptions below and on the terms and conditions and subject to the limitations set forth in this Addendum B, the applicable Purchase Agreement, and the Cartegraph Solutions Agreement. Cartegraph will coordinate with the Customer on service delivery expectations and timeframes. Cartegraph OMS — Implementation Scope of Work Implementation of the Operations Management System (OMS) includes the following professional services: Cartegraph OMS — Implementation Scope of Work Implementation of the Operations Management System (OMS) includes the following professional services: Project Management • Cartegraph will provide a one -day (I -day) onsite including: o Project kick off introducing all team members and discussion of the project scope, project timeline and project approach. o System navigation and functionality introduction and overview to help familiarize your staff with the software environment and its common functions. Topics include: ■ Dashboards ■ Standard KPI/ROI Gadgets ■ Logins/Permission ■ Layers ■ Filters ■ Maps ■ Grids ■ System Navigation ■ Views (List &Detail) ■ Standard Reports ■ Attachments ■ Requests, Work, Assets, Resources, Reports, and Administrator Tabs Phase Setup • Cartegraph will setup a hosted, test and production OMS environment. • Cartegraph will provide an overview, uptotwo (2) hours, of Cartegraph and ArcGIS Online user -based logins and User/Role functionality. • Cartegraph will provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OMS. • Cartegraph will utilize the template to create users and roles in OMS. (Note: Subsequent User and/or Role changes will be your administrator's responsibility.) Addendum B Cartegraph will provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OMS integration. Guidance will be geared towards OMS/Esri integration functionality and requirements. Cartegraph will setup the OMS Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwisenoted. Consulting • Cartegraph will provide one three-day (3 -day) and one two-day (2 -day) onsite requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, Cartegraph will identify best fit scenarios for OMS and provide a brief including any challenges as well as recommendations for OMS best practices relevant to your implementation. Training • Cartegraph will provide remote train -the -trainer training, up to four (4) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include: o Dashboards o Standard KPI/ROI Gadgets o Logins/Permission o Layers o Filters o Maps o Grids o System Navigation o Views (List &Detail) o Standard Reports o Attachments o Requests, Work, Assets, Resources, Reports, and Administrator Tabs • Cartegraph will provide remote train -the -trainer training, up to two (2) hours, on OMS Esri integration functionality. Training topics include: o OMS Esri integration configuration options o Integration functionality (basemap andfeature) o Overall Esri integration requirements, considerations, and Cartegraph recommended best practices • Cartegraph will provide a three-day (3 -day) onsite "train -the -trainer" training event. The training agenda will be defined and agreed upon by both Cartegraph and your project manager. Topics may include any of the following: o Request Management: ■ Requests ■ Requesters ■ Task Creation from Requests ■ Issue library (including settings such as Applies to Asset and Non -Location) ■ Cartegraph recommended best practices for Request and Requester Management o Work Management: ■ Create Task(s) (Asset/Non-Asset) ■ Assignments (Add, Edit, Remove) Addendum B ■ Task Menu Actions ■ Related Work Items ■ Create Work Order ■ Associate Task to WO ■ Repeat Work Orders ■ Work Order Menu Actions ■ Enter Resources ■ Timesheets ■ Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity) ■ Cartegraph recommended best practices for Work Management o Asset Management: ■ Asset Details ■ Preventative Maintenance Plans ■ Inspections ■ Linked assets (ifapplicable) ■ Container/Component Relationships (if applicable) ■ Cartegraph recommended best practices for Asset Management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. o Resource Management: ■ Resource Details ■ Labor/Equipment Rates ■ Material Management (Stock, Usage, Adjustments) ■ Vendor Price Quotes ■ Cartegraph recommended best practices for Resource Management o Cartegraph Mobile: ■ Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting) ■ Work Management • Create and Update Tasks (Asset/Non-Asset) • Assign Tasks • Enter Resources • Inspections ■ Asset Management • Create and Update Assets ■ Request Management • View and Update Requests • View Requester information • Create Task from Request ■ Offline use for Cartegraph for iPad ■ Cartegraph recommended best practices for mobile device use o Administrator: ■ Administrator: • UserAdministration, Role Administration, AssetAd ministration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log ■ Settings: • System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager ■ Manager: • Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation Manager Addendum B Cartegraph will provide remote train -the -trainer training, up to six (6) hours, on OMS Reporting functionality. Training topics include: o Security/Roles o Report Designer ■ Report Types, Report Styling, Filtering\Parameters, Basic Formulas, Grouping/Sorting o Report Viewer o Reporting best practices and solution tips/tricks. • Cartegraph will provide remote train -the -trainer training, up to four (4) hours, on Preventative Maintenance Plans functionality. Training topics include: o Preventative Maintenance o Cartegraph recommended best practices for proactive asset management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. • Cartegraph will provide remote train -the -trainer training, up to four (4) hours, on Advanced Inspections and Asset Condition Manager functionality. Training topics include: o Performance Management ■ Prediction Groups ■ Minimum Condition Groups ■ Activities and Impacts ■ Criticality Factor ■ Install/Replaced Dates o Cartegraph recommended best practices for advanced inspections and condition management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. Go -Live Support • Cartegraph will provide a three-day (3 -day) onsite event for Go -Live Support. The agenda will be defined, and agreed upon, by both your and Cartegraph's project managers. Topics may include any of the following: o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable Data Services • Cartegraph will provide one test and one production data load service through standard import/export functionality. Cartegraph will provide template documents for data population. Once populated by your staff, Cartegraph will load the data into your test or production OMS environment. Data loads may include data such as: o Parent level assetrecords o Asset location (spatial x/y) attributes o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records o Standard system libraries • Cartegraph will provide two test and one production custom data conversion service foryour historical data listed below: Addendum B o Dossier data related to: Equipment, Work History o For the custom data conversion service(s) listed above, Cartegraph will provide: ■ A review of the historical data along with recommendations for OMS best fit. ■ A field map workshop, which will identify where and how historical data will appear within OMS ■ A test conversion service to facilitate data conversion validation and testing ■ One revision of the field map used for the test conversion service ■ A production conversion service utilizing the final, approved field map All data must be accessible to Cartegraph from a SQL DB, SQL View, Access DB or Comma Delimited File. • Cartegraph will provide two test and one production custom data conversion service for your historical data listed below: o Energov data related to: Asset Inventory, Work History (4 years) o For the custom data conversion service(s) listed above, Cartegraph will provide: ■ A review of the historical data along with recommendations for OMS best fit. ■ A field map workshop, which will identify where and how historical data will appear within OMS ■ A test conversion service to facilitate data conversion validation and testing ■ One revision of the field map used for the test conversion service ■ A production conversion service utilizing the final, approved field map All data must be accessible to Cartegraph from a SQL DB, SQL View, Access DB or Comma Delimited File. • Cartegraph will provide two test and one production custom data conversion service for your historical data listed below: o Spreadsheet data related to: Assets, Inspection / Condition Imports o For the custom data conversion service(s) listed above, Cartegraph will provide: ■ A review of the historical data along with recommendations for OMS best fit. ■ A field map workshop, which will identify where and how historical data will appear within OMS ■ A test conversion service to facilitate data conversion validation and testing ■ One revision of the field map used for the test conversion service ■ A production conversion service utilizing the final, approved field map All data must be accessible to Cartegraph from a SQL DB, SQL View, Access DB or Comma Delimited File. Assets Asset implementation includes the following professional services: • Cartegraph will provide installation and training on the following fourty three (43) asset types: o Signals (8) ■ Preemption; Signal Cabinet; Signal Head; Traffic Camera; Signalized Intersection; Signal Controller; Signal Monitor; Traffic Detector o Transportation (8) ■ Bridge; Light Fixture; Pavement; Sign; Guardrail; Marking; Pavement Area; Support Addendum B o Walkability (2) ■ ADA Ramp; Sidewalk o Sanitary Sewer (7) ■ Sewer Cleanout, Sewer Facility, Sewer Force Main, Sewer Lateral, Sewer Main, Sewer Manhole, and Sewer Pump o Stormwater (9) ■ Storm Basin; Storm Channel; Storm Culvert; Storm Facility; Storm Inlet; Storm Manhole; Storm Outlet; Storm Pipe; Storm Pump o Water Distribution (9) ■ Water Backflow; Water Facility; Water Hydrant; Water Lateral; Water Main; Water Meter; Water Pump; Water Valve; Water Storage Tank • Cartegraph will provide up to five (5) field configurations for each asset type listed above. Phase II Setup • Cartegraph will setup a hosted, test and production OMS environment. • Cartegraph will provide an overview, up to two (2) hours, of Cartegraph and ArcGIS Online user -based logins and User/Role functionality. • Cartegraph will provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OMS. • Cartegraph will utilize the template to create users and roles in OMS. (Note: Subsequent User and/or Role changes will be your administrator's responsibility.) • Cartegraph will provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OMS integration. Guidance will be geared towards OMS/Esri integration functionality and requirements. • Cartegraph will setup the OMS Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwisenoted. Consulting • Cartegraph will provide one three-day (3 -day) and one two-day (2 -day) onsite requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, Cartegraph will identify best fit scenarios for OMS and provide a brief including any challenges as well as recommendations for OMS best practices relevant to your implementation. Training Addendum B • Cartegraph will provide remote train -the -trainer training, up to four (4) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include: o Dashboards o Standard KPI/ROI Gadgets o Logins/Permission o Layers o Filters o Maps o Grids o System Navigation o Views (List &Detail) o Standard Reports o Attachments o Requests, Work, Assets, Resources, Reports, and Administrator Tabs • Cartegraph will provide remote train -the -trainer training, up to two (2) hours, on OMS Esri integration functionality. Training topics include: o OMS Esri integration configuration options o Integration functionality (basemap andfeature) o Overall Esri integration requirements, considerations, and Cartegraph recommended best practices • Cartegraph will provide a three-day (3 -day) onsite "train -the -trainer" training event. The training agenda will be defined and agreed upon by both Cartegraph and your project manager. Topics may include any of the following: o Request Management: ■ Requests ■ Requesters ■ Task Creation from Requests ■ Issue library (including settings such as Applies to Asset and Non -Location) ■ Cartegraph recommended best practices for Request and Requester Management o Work Management: ■ Create Task(s) (Asset/Non-Asset) ■ Assignments (Add, Edit, Remove) ■ Task Menu Actions ■ Related Work Items ■ Create Work Order ■ Associate Task to WO ■ Repeat Work Orders ■ Work Order Menu Actions ■ Enter Resources ■ Timesheets ■ Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity) ■ Cartegraph recommended best practices for Work Management o Asset Management: ■ Asset Details ■ Preventative Maintenance Plans ■ Inspections ■ Linked assets (ifapplicable) ■ Container/Component Relationships (if applicable) ■ Cartegraph recommended best practices for Asset Management Addendum B To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. o Fleet Management: ■ Preventative Maintenance ■ Task Management ■ Vehicle Replacement Ratings (VRR) Equipment Detail information ■ Fleet Reports ■ Cartegraph recommended best practices for Fleet Management o Resource Management: ■ Resource Details ■ Labor/Equipment Rates ■ Material Management (Stock, Usage, Adjustments) ■ Vendor Price Quotes ■ Cartegraph recommended best practices for Resource Management o Cartegraph Mobile: ■ Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting) ■ Work Management • Create and Update Tasks (Asset/Non-Asset) • Assign Tasks • Enter Resources • Inspections ■ Asset Management • Create and Update Assets ■ Request Management • View and Update Requests • View Requester information • Create Task from Request ■ Offline use for Cartegraph for iPad ■ Cartegraph recommended best practices for mobile device use o Administrator: ■ Administrator: • UserAdministration, Role Administration, AssetAd ministration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log ■ Settings: • System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager ■ Manager: • Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation Manager • Cartegraph will provide remote train -the -trainer training, up to six (6) hours, on OMS Reporting functionality. Training topics include: o Security/Roles o Report Designer ■ Report Types, Report Styling, Filtering\Parameters, Basic Formulas, Grouping/Sorting o Report Viewer o Reporting best practices and solution tips/tricks. • Cartegraph will provide remotetrain-the-trainertraining, uptofour (4) hours, on Preventative Maintenance Plans functionality. Training topics include: o Preventative Maintenance Addendum B o Cartegraph recommended best practices for proactive asset management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. • Cartegraph will provide remote train -the -trainer training, up to four (4) hours, on Advanced Inspections and Asset Condition Manager functionality. Training topics include: o Performance Management ■ Prediction Groups ■ Minimum Condition Groups ■ Activities and Impacts ■ Criticality Factor ■ Install/Replaced Dates o Cartegraph recommended best practices for advanced inspections and condition management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. Go -Live Support • Cartegraph will provide a three-day (3 -day) onsite event for Go -Live Support. The agenda will be defined, and agreed upon, by both your and Cartegraph's project managers. Topics may include any of the following: o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable Data Services • Cartegraph will provide one test and one production data load service through standard import/export functionality. Cartegraph will provide template documents for data population. Once populated by your staff, Cartegraph will load the data into your test or production OMS environment. Data loads may include data such as: o Parent level assetrecords o Asset location (spatial x/y) attributes o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records o Standard system libraries • Cartegraph will provide two test and one production custom data conversion service foryour historical data listed below: o Energov data related to: Asset Inventory, Work History (4 years) o For the custom data conversion service(s) listed above, Cartegraph will provide: ■ A review of the historical data along with recommendations for OMS best fit. ■ A field map workshop, which will identify where and how historical data will appear within OMS ■ A test conversion service to facilitate data conversion validation and testing ■ One revision of the field map used for the test conversion service ■ A production conversion service utilizing the final, approved field map All data must be accessible to Cartegraph from a SQL DB, SQL View, Access DB or Comma Delimited File. Addendum B • Cartegraph will provide two test and one production custom data conversion service for your historical data listed below: o Spreadsheet data related to: Assets, Inspection / Condition Imports o For the custom data conversion service(s) listed above, Cartegraph will provide: ■ A review of the historical data along with recommendations for OMS best fit. ■ A field map workshop, which will identify where and how historical data will appear within OMS ■ A test conversion service to facilitate data conversion validation and testing ■ One revision of the field map used for the test conversion service ■ A production conversion service utilizing the final, approved field map All data must be accessible to Cartegraph from a SQL DB, SQL View, Access DB or Comma Delimited File. Assets Asset implementation includes the following professional services: • Cartegraph will provide installation and training on the following eight (8) asset types: o Facilities (7) ■ Electrical Generator; Facility Lighting; HVAC Equipment; Roofing System; Facility; Fire Protection; Plumbing Fixture; Facility Floor o Fleet (1) ■ Fleet • Cartegraph will provide up to five (5) field configurations for each asset type listed above. Integration Services Cartegraph will provide the following bi-directional (two-way) integration service between MUNIS and Cartegraph. In the event that additional or alternative functionality is desired, Cartegraph can provide an update to the scope andcost. • Pull all Open\New Water Meter Service Orders o Service Order Activity has Utility Billing Work Order toggled True in Activity Library ■ Create a Work Order and associate all tasks to WO o Water Meter ID ■ Valid — Create a Water Meter Task ■ Invalid — Non Asset Task o Field Mapping Utility Billing to OMS (Additional fields up to a total of 10) OMS Task Field Utility Billing Comments Task ID Auto -Generated Asset Type Water Meters Water Meter ID <meterNumber> Service Order Number YYYY<serviceOrderNumber> Activity Activity Addendum B Notes <OrderNotes>; <completedNotes>, Last Read: <IastRead> Estimated Start Date I <Date> Estimated Stop Date <Date> • OMS Task Status is Completed o The following fields will be updated on the Service Order ■ Status ■ Date ■ Water Meter ■ Comments Create Water Meters in OMS when the Service Order Activity has Utility Billing Work Order toggled True in Activity Library Assumptions • All new structure will be created in OMS by Cartegraph. • All Utility Billing Activity types need to be added to the OMS Activity library. • Configurable interval will be greater than or equal to I minute. • Cartegraph will use the Utility Billing API to access all information. Any additional cost associated with using the API, will not be the responsibility of Cartegraph. The Utility Billing API must be a documented web API and have the capability to provide the functionality outlined above. • Cartegraph will have access to a test instance ofthe Utility Billing system, via the API and user interface to verify transactions. • Yearly integration support will not cover charges that must be implemented due to a Utility Billing API change. • Cartegraph will provide the following bi-directional (two-way) integration service between Energov and Cartegraph. In the event that additional or alternative functionality is desired, Cartegraph can provide an update to the scope andcost. The integration includes the following: ■ Integration points: • Retrieve Service Requests from Energov • Import Request data from Energov into Cartegraph o Sync of up to twelve (12) fields into Cartegraph, and back to Energov as possible via theirAPI • A sync using a unique ID o If ID exists; information will be updated o If ID does not exist; Cartegraph will create a record or produce an error message • Cartegraph will update the source Service Request upon completion status. o Relevant inspection forms will be populated and stored in Laserfiche. A linked URL will be created and attached to the record in OMS. The integratiton will send the linked URL back to Energov on completion. Cartegraph will provide error logging capability to easily identify potential integration issues. ■ Cartegraph will provide a customer -configurable time interval to manage integration frequency. Assumptions ■ All new structure will be created in OMS by Cartegraph. ■ All Request Issue types need to be loaded into the OMS Issues library. ■ Configurable interval will be greater than or equal to I minute. Addendum B Cartegraph will use the Energov API to access all information. Any additional cost associated with using the API, will not be the responsibility of Cartegraph. The Energov API must be a documented web API and have the capability to provide the functionality outlined above. Cartegraph will have access to a test instance of the Energov system, via the API and user interface to verifytransactions. Yearly integration support will not cover charges that must be implemented due to a Utility Billing API change. Cartegraph will provide the following standard, uni-directional (one-way) integration service of sick and vacation timesheet data between ExecuTime and Cartegraph. In the event that additional or alternative functionality is desired, Cartegraph can provide an update to the scope and cost. • The standard integration includes the following: ■ Integration points: • ExecuTime timesheet data is integrated with the Cartegraph Tasks and Labor Log recordsets. • A sync using a unique ID o If ID exists; information will be updated o If ID does not exist; Cartegraph will produce an error message Cartegraph will provide error logging capability to easily identify potential integration issues. Cartegraph will provide a customer -configurable time interval to manage integration frequency. Assumptions ■ The integration includes up to twelve (12) fields in the same Cartegraph table. ■ All data must be available to the Cartegraph service via a flat file (.csv or .txt) Cartegraph will provide the following standard, uni-directional (one-way) integration service of PO and Contract data between MUNIS Purchasing and Cartegraph. In the event that additional or alternative functionality is desired, Cartegraph can provide an update to the scope and cost. • The standard integration includes the following: ■ Integration points: • MUNIS Purchasing PO and inventory information is integrated with the Cartegraph Material Log recordset. • MUNIS Purchasing Contract records are integrated with a custom Cartegraph library. • MUNIS Vendor records are integrated with a the Cartegraph Vendors recordset. • A sync using a unique ID o If ID exists; information will be updated o If ID does not exist; Cartegraph will produce an error message ■ Cartegraph will provide error logging capability to easily identify potential integration issues. ■ Cartegraph will provide a customer -configurable time interval to manage integration frequency. Assumptions The integration includes up to twelve (12) fields in the same Cartegraph table per integrated data point. All data must be available to the Cartegraph service via a flat file (.csv or .txt) • Cartegraph will provide the following standard, uni-directional (one-way) integration service of Employee and Labor Rate data between MUNIS HCM and Cartegraph. In the event that additional or alternative functionality is desired, Cartegraph can provide an update to the scope and cost. Addendum B • The standard integration includes the following: ■ Integration points: • MUNIS HCM Employee records will be integrated with the Cartegraph Labor recordset. • MUNIS HCM Job Class and Pay Rate records will be integrated with the Cartegraph Labor Rates recordset. • A sync using a unique ID o If ID exists; information will be updated o If ID does not exist; Cartegraph will produce an error message Cartegraph will provide error logging capability to easily identify potential integration issues. Cartegraph will provide a customer -configurable time interval to manage integration frequency. Assumptions The integration includes up to twelve (12) fields in the same Cartegraph table per integrated data point. All data must be available to the Cartegraph service via a flat file (.csv or .txt) Cartegraph wil I provide all services remotelyviaaudio, video, and web conferences unless otherwise noted. Exclusions The following service items are not included in the scope of this project: Implementation of any custom modification or integration developed by Cartegraph, your internal staff, or any third -party is not included in the scope of this project unless specifically listed above. Data conversion services from other software system(s) or sources (including Cartegraph Navigator databases) are not included in the scope of this project unless specifically listed above. Any service items discussed during demonstrations, conference calls, or other events are not included in the scope of this project unless specifically listed above. Addendum B Customer/Cartegraph Responsibilities Project representatives from Customer and Cartegraph accepts responsibility for all aspects of project planning, management, and execution not specifically identified as the responsibility of Cartegraph in the Agreement or in the Purchase Agreement. Ongoing management of the day-to-day allocation of Customer and Cartegraph resources and management of project tasks is the responsibility of the Customer and Cartegraph project representatives. Customer and Cartegraph project representatives will provide overall guidance and direction for the project and will direct the project accordingly. Further, and with regard to the Cartegraph obligations listed in this Purchase Agreement, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters: 1. For those services listed under Field Services, Cartegraph personnel will conduct information gathering and evaluation sessions with various Customer Users and management. While Cartegraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises. 2. The installation process requires the assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is required to supervise the installation process while systems are accessible to Cartegraph. All hardware and software, for both personal computers and servers, is expected to be available, installed, and operating as specified in Cartegraph's system requirements documentation such that delivery and execution of Cartegraph Field Services will not be impeded. 3. Customer and Cartegraph understand that the successful performance of Field Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation, including a dedicated project manager responsible for reviewing the implementation scope of work, ensuring all attended meetings are attended by invited staff, and providing leadership and insight on all relevant internal issues such as policy/procedure, organizational structure, project stakeholders, technical architecture, data, and current systems. Customer responsibility also includes internal documentation, internal change management, task completion, staff coordination and schedule commitment. 4. Customer will provide Internet access and IT staff support as required. For those services that are web -based, Cartegraph utilizes WebEx Meeting (or similar) technology. 5. Customer shall ensure that their workstation platform and database meet Cartegraph system requirements as specified in the Cartegraph System Requirements documentation. Solutions will be supported within new versions of these workstation platforms and databases within a reasonable period of time from their release from their manufacturer. Cartegraph will discontinue support of its Solutions within older versions of these workstation platforms and databases as their support is discontinued by their manufacturers. 6. Customer agrees to work with Cartegraph to schedule Field Services in a timely manner. All undelivered Field Services shall expire 365 days from the execution of this Purchase Agreement, unless noted differently in Services Scope listed above. Upon expiration of services, the project may be cancelled at Cartegraph's discretion. Not -to -Exceed Purchase Agreement Cartegraph will not exceed the total included in this Purchase Agreement without written approval from Customer. In the event it becomes apparent to Cartegraph that additional Service will be needed due to any changes in the scope of this Purchase Agreement, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional Services are required. Addendum B Coppell, TXICartegraph Project Plan Cart6graph C',P FE L File ID: 2021-5505 Version: 1 File Name: OBS-EAM City of Coppell, Texas Master File Number: 2021-5505 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: Engineering File Created: 01/20/2021 Final Action: Title: Consider approval of an amendment to the Online Business Systems (OBS) agreement, in an amount of $200,000.00, for Enterprise Asset Management (EAM) Project Management Services; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: OBS EAM Memo.pdf, Amendment C - PM Extension.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5505 Title Consider approval of an amendment to the Online Business Systems (OBS) agreement, in an amount of $200,000.00, for Enterprise Asset Management (EAM) Project Management Services; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda item is $200,000.00, as provided in undesignated fund balance in the General Fund, Drainage Utility Fund, and Water/Sewer Utility Fund. Staff Recommendation: The Public Works Department recommends approval of this contract. City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5505) Strategic Pillar Icon: SII"IC IIS 'Sirriw-t IReSOLJH`Ce Sustainable Government City of Coppell, Texas Page 2 Printed on 112212021 T FIS E . C I T Y 0 F COPPELL N s. � 4i G r✓ r t ryv MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Date: January 26, 2021 Reference: Amendment to Project Management Contract with Online Business Systems for implementation of Enterprise Asset Management System 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information: Online Business Systems assists the city with project management services associated with system software implementation. Current contract needs to be extended to cover implementation of Cartegraph Systems OMS enterprise asset management software. Contract amendment cost is $200,000.00. Introduction: Consider approval of an amendment to the Online Business Systems (OBS) agreement, in an amount of $200,000.00, for Enterprise Asset Management (EAM) Project Management Services; and authorizing the City Manager to sign any necessary documents. Analysis: The City implemented a system for the management of work orders, permitting, and work management in 2016. This system, Tyler Public Maintenance Management, was implemented in conjunction with a separate system to handle the land development process. Tyler has ceased development and refinement of the current work order system. Staff is recommending implementation of Cartegraph OMS and that contract is presented for consideration in a companion agenda item. This item is to amend the existing contract with Online Business Systems to provide project management services for the duration of Cartegraph OMS implementation. Online Business Systems has assisted the city since 2016 with the management, review, and implementation of software systems. Legal Review: The contract was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this Agenda item is $200,000.00, as provided in undesignated fund balance in the General Fund, Drainage Utility Fund, and Water/Sewer Utility Fund. Recommendation: The Public Works Department recommends approval of this contract. Amendment C to Agreement for Professional Services Between City of Coppell and Online Business Systems Amendment Effective Date: January 21, 2021 This letter serves as Amendment C to "Exhibit A" Scope of Services between City of Coppell ("Customer") and Online Enterprises Inc., doing business as Online Business Systems ("Online") with the effective date of January 21, 2021 and together with the terms and conditions of the Agreement for Professional Services between the parties effective August 1, 2017 incorporated by this reference as part of Exhibit A and subsequent Amendments, constitutes the entire agreement between the parties hereto for the performance of the Services and the provisions of the Deliverables of the Scope of Services. Please sign this letter of amendment confirming that the changes specified below to the above referenced Exhibit A- Scope of Services, are acceptable. Section 5 - Term: The amended term of this contract is 63 months from the Award of Bid. This will bring the end date from March 31, 2022 to November 30, 2022. Section 3 — Budget: The total value of this amendment is $200,000. Budget Terms PIER Implementation Project Management $200,000 Firm Fixed Price Services —Amendment C Section 4 — Payment Schedule: The amended total will be invoiced in monthly incremental payments of $25,000 (invoiced at month end). Thank you for the opportunity to continue to be of service to City of Coppell through this initiative. Sincerely, Online Enterprises Inc. d.b.a Online Business Systems Authorized signature Name: Dana Todd Title: Account Representative Date: City of Coppell Authorized signature Name: Mike Land Title: City Manager Date: Page 1 of 1 C',P FE L File ID: 2021-5506 Version: 1 City of Coppell, Texas Master File Number: 2021-5506 Type: Agenda Item Reference: File Name: DART Rail Construction Update 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: City Council File Created: 01/22/2021 Final Action: Title: Consider approval of the First Amendment to the Interlocal Agreement between City of Coppell and Dallas Area Rapid Transit for the Silver Line Regional Rail Project; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Attachments: DART Enhancement ILA Memo.pdf, First Amendment ILA.pdf, Master ILA Executed.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5506 Title Consider approval of the First Amendment to the Interlocal Agreement between City of Coppell and Dallas Area Rapid Transit for the Silver Line Regional Rail Project; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: City Council has set aside a total of $750,000 in the General Fund Designated Fund Balance over the past three fiscal years in anticipation of costs associated with the Silver Line. This amount would be included in the upcoming budget amendment to move those funds to allow us to utilize them for this purpose. Additionally, the quiet zone at Freeport Parkway will be funded via the project budget for that City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5506) reconstruction project. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: City of Coppell, Texas Page 2 Printed on 1/22/2021 MEMORANDUM To: Mayor and City Council Through: Mike Land, City Manager From: Traci E. Leach, Deputy City Manager Date: January 26, 2021 Reference: DART Rail Construction Update 2040: Innovative Transportation Networks Introduction: This agenda item is presented for Council consideration to formally codify the enhancements to the Silver Line proj ect improvements via an amendment to the Master Interlocal Agreement (ILA), which was approved by the Council on September 6, 2018. The Council has conducted extensive discussions related to these improvements over the past two years to ensure that all due diligence related to the improvements has been conducted. The enhancements outlined in the First Amendment to the ILA will provide upgrades to the bas improvements that will be constructed as part of the Silver Line project. Enhancements will include the following upgrades: • Two additional quiet zones- Royal Lane and Freeport Parkway • Enhancements to S. Belt Line elevated crossing o Acrylic stain on retaining walls and sub/super structure o City logo on bent caps o Bridge rustications on columns (horizontal bands) • Additional landscaping north and south of the S. Belt Line elevated crossing • Enhanced security fencing to include vinyl coating, top rail, and a mow strip All enhancements will be funded by the City of Coppell for a total not to exceed $1,053,021. Maintenance for the improvements will be performed by DART, with the exception of the landscaping and the capital replacement for the security fencing at the end of its service life. Background: The Silver Line will connect the DFW Airport to the cities of Dallas, Carrollton, Addison, Richardson and Plano. Along that route, only the City of Coppell is not a member of DART. In 2017, we saw 1 the advancement of the Silver Line regional rail service from its potential construction and activation well beyond the year 2030 in the regional mobility plan, to actual approval, funding and scheduling for revenue service at the end of calendar year 2023. The Silver Line alignment extends the rail line off the existing DART right-of-way just west of Moore Road, where is deviates south into City of Dallas and Cypress Waters. The rail line heads back north and joins the existing rail right-of-way just to the east of S. Coppell Road. DART is coordinating all acquisition activities for property that is required for the new rail right-of-way. Legal: The City Attorney has reviewed the First Amendment to the ILA. Fiscal Impact: City Council has set aside a total of $750,000 in the General Fund Designated Fund Balance over the past three fiscal years in anticipation of costs associated with the Silver Line. This amount would be included in the upcoming budget amendment to move those funds to allow us to utilize them for this purpose. Additionally, the quiet zone at Freeport Parkway will be funded via the project budget for that reconstruction project. Recommendation: Staff recommends approval of the First Amendment to the Interlocal Agreement between City of Coppell and Dallas Area Rapid Transit for the Silver Line Rail Project. Exhibit 1 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CITY OF COPPELL AND DALLAS AREA RAPID TRANSIT FOR THE SILVER LINE REGIONAL RAIL PROJECT THIS First Amendment (1st Amendment) is entered into by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional transportation authority organized and existing pursuant to Chapter 452, Texas Transportation Code, and CITY OF COPPELL (the "CITY"), a Texas home rule municipal corporation, and shall be effective on the date signed by the last of the parties to sign (the "Effective Date"). RECITALS WHEREAS, regional passenger rail service substantially benefits regional mobility and improves air quality initiatives; and WHEREAS, development of the Dallas Area Rapid Transit (DART) Cotton Belt Corridor Regional Rail Project (which was subsequently re -named to the "Silver Line Project" or "Project") will provide connectivity from Terminal B at Dallas/Fort Worth International Airport (DFW Airport) to Shiloh Road in Plano, Texas, and will travel through the City of Coppell; and WHEREAS, Coppell has strongly supported transit -oriented development (TOD) and regional mobility initiatives and projects; and WHEREAS, the Coppell City Council approved Resolution No. 2017-0613.2 to support the Silver Line Project realignment throughout Coppell, deviating from the existing freight corridor east of South Coppell Road and heading south into the City of Dallas and Cypress Waters before rejoining the freight corridor just west of Moore Road; and WHEREAS, the DART Board approved this alignment deviation (referred to as the Cypress Waters alignment), the proposed rail station in Cypress Waters, and the grade separation at South Belt Line Road and Sanders Loop as part of the DART Service Plan Amendment; and WHEREAS, the City of Coppell supports the mitigation improvements identified in the Draft Environmental Impact Study (DEIS) for locations within the corporate limits of Coppell, to include seven (7) quiet zones at Coppell Rd, Southwestern Boulevard, East Belt Line Road, Moore Road, Mockingbird Lane, South MacArthur Boulevard and Fairway Drive; grade separation over S. Belt Line Road and Sander Loop; and traffic signal timing/phasing improvements at MacArthur Blvd and E. Belt Line Rd intersection; and WHEREAS, the City of Coppell is not a DART member city, but desires to be a project partner for the Silver Line Project to assist in the construction of the corridor, particularly the Cypress Waters alignment and through the proposed Cypress Waters station; and WHEREAS, the Cypress Waters alignment benefits the City of Coppell by diverting passenger rail traffic away from many residential properties adjacent to the existing freight corridor, Exhibit 1 providing a convenient access point to ride the Silver Line, providing an opportunity to realize TOD adjacent to the proposed rail station, and providing opportunities to tie the rail station to Old Town. WHEREAS, DART and CITY have agreed to certain enhancements to and additional agreements regarding the Silver Line within the corporate limits of the City of Coppell; NOW, THEREFORE, in consideration of the premises and mutual promises and covenants contained herein to be performed by the parties, DART and CITY agree to amend the Interlocal Agreement (ILA) dated the 6th day of September 2018 as follows: SECTION 1: That Section 2 of the ILA is hereby amended to add the following: ARTICLE 2 CITY'S RESPONSIBILITIES Sec. 2.06 A. CITY shall remit as additional contribution an amount not to exceed $893,091 as payment for the total project costs, including design, construction, construction management, testing, and other capital project support costs (soft costs) associated with the enhancement features set forth in Section 3.01 of the ILA, as amended herein. Exhibit C to this Amendment for all purposes herein includes a not to exceed cost itemization for each enhancement. The CITY shall pay the full amount within thirty (30) days of execution of this 1 st Amendment except as provided herein. B. CITY is currently working with DART to identify improvements that the CITY can install now as part of CITY's existing roadway reconstruction project to offset the costs associated with the quite zone for the Freeport Parkway crossing. CITY shall deposit fifty percent (50%) payment to DART for costs associated with the quiet zone for Freeport Parkway crossing within 30 days of execution of 1st Amendment. The remainder of the payment shall be made within thirty (30) days of DART notification to CITY of the final scope allocation and revised cost estimate that shall not exceed the amount identified on Exhibit C. C. At the conclusion of the construction of the enhancements DART shall notify the CITY and provide a detailed account of the actual cost of the enhancements provided herein (Exhibit C). If any of the enhancements actual costs are less than as provided in Exhibit C, DART shall remit a rebate of the difference between extended price and actual costs as provided in Exhibit C. If anticipated costs due to changes or unforeseen conditions would exceed the amount outlined in Exhibit C, DART and the City would work cooperatively to address the change. Sec. 2.07 CONSTRUCTION CONTINGENCY. In addition to the contribution in Section 2.06, CITY further agrees to designate $34,381 as a construction contingency for the enhancement features set forth in Section 3.01 of the First Amendment to the ILA. CITY shall retain funds until such time that DART requests funds. DART and CITY shall mutually agree on a process to disburse funds related to this contingency. 2.08 MAINTENANCE. The CITY shall be responsible for maintenance of the landscape medians north and south of Belt Line Road. CITY shall take responsibility for replacement of vinyl -clad fencing at end of service life. Exhibit 1 SECTION 2: That Section 3 of the ILA is hereby amended to add the following: "ARTICLE 3 DART'S OBLIGATIONS Sec. 3.02 In exchange for the additional contribution as outlined in Sections 2.06 and 2.07 of the 1st Amendment, DART shall provide design, construction, construction management, testing, and other capital project support costs (soft costs) associated with the following enhancement features: • Quiet zone at Royal Lane (Exhibit A) • Quiet zone at Freeport Parkway (Exhibit A) • Retaining wall penetrating acrylic stain (Exhibit B) • CITY logo on bent cap (Exhibit B) • Bridge sub/super structure penetrating acrylic stain (Exhibit B) • Upgrade to 4' and 6' Vinyl -coated Chain Link Security Fence with Mow Strip • Bridge Rustications (Exhibit B) • Landscape medians north and south of S. Belt Line Road elevated crossing (Exhibit B) 3.03 MAINTENANCE. DART shall be responsible for maintenance of the quiet zone equipment. DART shall be responsible for maintaining the functional integrity of security fence along DART right-of-way that is consistent with maintenance of a chain link fence. DART shall not be responsible for maintaining the appearance of the vinyl cladding on the security fence. DART shall be responsible for maintenance of penetrating acrylic stain and graffiti removal from concrete walls and bridge structures. SECTION 3: That except as amended by this 1st Amendment, the terms and conditions of the ILA between the parties effective on September 6, 2018, shall remain in full force and effect. EXECUTED this day of 2021 by authority of Coppell City Council. CITY OF COPPELL I: Mike Land, City Manager ATTEST: Ashley Owens, City Secretary APPROVED AS TO FORM: Robert E. Hager, City Attorney Exhibit I EXECUTED this day of 2021 by authority of DART Board Resolution No. , adopted on ; DALLAS AREA RAPID TRANSIT Gary C. Thomas President/Executive Director ATTACHMENTS EXHIBIT A: QUIET ZONES Exhibit I Exhibit 1 EXHIBIT B: REPRESENTATIVE BRIDGE ENHANCEMENTS Note: Final color selections and other specifications shall be determined by mutual agreement between DART and CITY Exhibit 1 Exhibit 1 Exhibit 1 Exhibit I EXHIBIT C: COST ITEMIZATION EXHIBIT C: COST ITEMIZATION Total Price Item AWH Cost Contingency Capital Project Support Cost Total Price Freeport QZ $251,118.14 Royal QZ $256,219.30 Belt Line Road Bridge Enhancement Retaining Wall Penetrating Acrylic Stain $9,470.45 City Logo Cast into Bent Cap $23,948.28 Bridge Substructure/Superstructure Penetrating Acrylic Stain $37,586.14 Bridge Rustications (Horiz. Bands) $58,568.92 Belt Line Road Median Planting $36,352.52 Enhanced Fencing Upgrade to 4' Black Vinyl Coated Chain Link $52,224.94 Upgrade to 6' Black Vinyl Coated Chain Link $6,965.2 Top Rail for Chain Link Fence $12,657.6 Mow Strip $114,413.25 Total City of Coppell $859,525 $34,381 $159,115 $1,053,021 I N'LE'RI,,,OCAL A(3 R I "T",M1,,. ,L' BETWFEN C'ITY OFCOPPELL AN[) DALLAS ARF,A RAI II)TRANSIT l"ORTI H."' COT"JON BFITCORRIDOR Rt,.,GIONAL RAIL PROJJ:,,C',T LFUS A(iREE?NIENT ("Agicii,ieM'I is made and entered into by and between DAL,LAS ARF.,A RAPID TRANSIT ("DAR'["'),a regional transportation authority organized and existiq ,!, pursuant to Chapter452, Was Transportation C,ode,and CFFY 01'C',01,111It (the "(ITY"), aTexas home I'LlIC 1`111111iCipaL COrPOI-ation and shall be eft'ective on the (late signed by the last o.)fthc parties to sign (the "t.,,Tfective Date"). RECITALS WIIF',Rl',iAS, regional passenger rail service SUstanlially benefils regional mobility and improves air quality initiatives; and MI-JEREAS, development of the Dallas Area Rapid Transit (DART) Cc)tton Belt Corridor Regional Rail W(dect (Colrtm Bck Prycet m Pro:dect) will provide connectivity from Terrninal 13 ut Dallkashlimt Worth Internatknal Aimort (L)FW Airport) to Shiloh Road in Plano,'Fexas and Nvill travel through the City ofCoppell; and MIHF,R[,,AS, Cppell has strongly suppoxUd ImnAworiented developinent (TOD) and regional mobility initiatives and prqjects; and WHF,RI:,,'AS, the C,oppell City Council adopted Resolution No. 20174MI 32 U) aMport Te Quon Bch rmlWnmmA InmghmA Uppell, deviating Fivni Me existing freight corridor cast of Soudi C',oppell Road and Preac[ing smuh I the City off)dlas and Cypi-ess Waters before rcJoining the, ['reight corridorJust west of'Moorc Road; and WHEREAS, the DART Board approved this aligmirnent deviaticni (referred to as the C` press VVmms allgmneno, the proposed rail station W Cypress"Waters, and the grade sepanition at South Belt trine; Road Qarid Sanders Loop as part of Me fit" RI'Service Plan Arnendn'ient.; and W"FREAS, To: 01 (A CAMpell sq4mas the: rniOgmion iriMmovenients identified in the Dr'aft Envimnimental Impact StaWrnenl O)EIS) Or locations withill the Corporate limit's of'C"oppell, U) hwlude seven (7) quiet zmws at (AMpoll Road, Southwestern Boulevard, East Belt Line Road, Moore Road, MockOgbini Lanc, Serax h klacArthur Houlevard and Fairway Drive; grade separatk)n over S. Book Line Road and Sander Loop; and karfic synal OnAng/phashig, improvements at, MacArthur BNd and E. Belt Line Rd interwelion; and NVHEREASthe City orcoppoi is not as DART swwicc area city, but desires ter be as pr(ject partner for die C'ot(on Belt pr(,'Jeet to assist in the Constructim or the COrrid0r, particularly the (,.)(press yV,ACTS IdigniTICIlt,111d thrOUgl"I the proposed Cypress Waters stalion; arid FQPP I WHEREAS, Its (3ypress Waters aligruncrit benefits the (,ity of (�"oppell by diverting passenger rail traffic away From many r"idential properties adjacent to the existing Right corridor, prmAding a convenient access point to ride die Quon Bch corridor, provide an opportunity to re,flize TOD adjacent to the proposed rail sM1Jwj and provide opportunities to tic the rail station to (Nd Town. NOW, 11 ]FREFORE, in consideration of the pronkes and mutual, pr,ornises and covenants contained herein to be puOrned by the parties, DARTand CHX agree as follows: MUCLE I DARTIS Rl.-,SPONSlBl1J111-,,S 1.01 DART sl'i-all develop the (,'otton Belt (Wridor Regional Rail Prqject in congruence with the DAR"I'Service Plan. 112 Singlej)..qint DART shall designate by Notice and provide to the (ITY the nwnc and contact WAMMon Or the single point of curnact Rir coniniunicatOn and other hiteRce regarding all a1vos or ow Won Belt (.,orridor Regional Rail Pr(�Jcct. 1.03 DXRX shall yovide, to the CITY phins and rc(IL]il-CITIC,IltS,SI,11'f-lCiel�lt to ail caw for OIC SLU'Vey,'fflid appraisal activities identified in Section 2M I to be cmnMcWd. A RTICI J? 2 (I"I'Y's OBLIGATIONS 2MI UITY shall convey or cause to be conveyed to DAR l:` real propetly at no cwt to [)ART as described in kxhihit A and shall tic fin- the, sole purpose offacilit".1ting the ("ypress Waters alignment and the (7yPress Watem rail station. Should the (;!ypress Waters aligni'Awnt or the (rypress Waters station Mil to be included in the Prqject, any conveyance of land shall it unediately revert: hack .Ao—the (I'M'. J"he conveyance of land shall be hinitcd to flic arcs rea with D/Ms Me discretion, IM is necessary Or the Qpress Walers tail line rig ht,diway and the proposed rail station in (,ypress Waters. The (,,ity shall be responsible Or costs associated MM Te sumey and apf-mmisal ofsaid property. The value of the property, as determined 1)), the appraisM, shall conMiUac the entirety of(,FTY`S linzancial contribution and respmBiWlRy liar the U)tton Beh rail construction. 2.02 -_,yr ("ontact. ("ITY shall designvite by Notice and provide to L)ART the narne and contact information lbr the single point of contact Ar communicatkit and other interface regarditij.,, arll aspects of the CWHon Bch (lorridor Regional Rail Project. 2.03 As may be pmetkal, My shalt provide good faith effi)rt to expedite revinvs and approvals of all DARTsubuditals and applbadons thulare inany way, directly or indirccdy, related to We Mon Belt Uorklor Regional lWil project. 2M4 VV , i've r p F lees. UTY agrees to waive A fbes and charges, it' any, For permits, appl ic, ations, platting, naming, COFIStRIC6011, or any, other CITY services that are in any way, directly or indirectin rdaWd to the Clutton 1301. Corridor Regional Rail llrc�ject. 2.05�al [,,,,state, Acqui, sition. CITY agrecs to fully cooperate and will support DART with the acquMon of any easements, rig ws or way, Ixoperly rights or real estate required for the Mon Bet ANdor Regional Rail Project within the corponatc limits. A 10 " 1 (1, E 3 DA RTO III, IGATION 10 1 In exchange Rm- the conveyance of' land in accordance with (.11apter 452, Texas Transportation (Adc and as provided herein as outlined in Secdon "101, LIART shall provide the rollowing: Design and umstruct seven (7) quiet zones at ('oppell Road, South%vestern Boulevard, East Belt [Ane Road, Moore Road, Mockingbird Lane, South MacArthur Boulevard, and Iainvay Drive along the Cotton Belt corridc)r; and Design and construct grade scpamtkin Mr the Cotton Belt alignment over SOUth Belt Line Road -in(] Sanders Loop; and Desip and conWrmt tmfHc signal fln1iT1g/j)haSing iulprOVelneutS at MacArthur lAmilevard and East Belt tAne Road intersection. AR"I"ICT!"T 4 (' 'awNATION 4.01 it cither pmty believes the other party is in clef atilt of this Agreement, die non -debulking party sliall provide written notice to the other party specifying the basis for such del, "auh. Manch a , I loxing the deNuhhg Pody thirty (30) days hvni receipt cW the notbe to cure such c5lbul hi the event die denndt is not cured w4hin such perhd, Te nonWeMuWng party shall notify the deNuhhW party oftermin,"Itical of this AgrecalenL 4A2 Simmid as court ofcoriil)eteiit,itirisclict,kmi deterniine the CITV"s or DAR"rs irrununhy Ami suit is waived in any unanner other dmn as pmvWcd in SubehaMer I WMQcr 27 1, IMAS JAWAL as amended, the CITY and DART hereby acknowl edge and agree that, in as .sub agdnm either party Rm breach of thin Agmement: (a) Ile Mal arnount ofinoney aumdai is WAted to actual damages in an aniount not to exceed the Nalance due and owed by either party under this Agreement; (1)) The recovery of, damages against either party inay not, include consequential daniagcrs, or exeniplary,, daniages; (c) Neither party may fees; an(] (d) Neither Imay is entided to specific pedbrmance or itunedve rehef agAnst dic other part.y. 1"W t ARTICLE5 G&IM."IRA L. 1`1`11WS 5.01 All recitals are hereby incorporated into this Agreement as iffully set fiorth hercin. 5.02 Notice. Notices by Or to chfiet, parly provided under this Agreement shall be ill writirig and delivered by certified mail I-CtLIr1I I-CCCil)t t-e(ILICStC(l, Or CUStomardy used liand or overnight delivery with proofof delivery to the addi-esses showil, below. [f to DAR'I": Gary C. Thoams, Presidetit/1"'xectaive Director Vh,dflng 11.0. Box 660 163 Address: Dal las, Texas 75266-7213 Physical 1401 Pacific AVCMIC Address: Dallas, Texas 7520:2 If" to "LTV.- Mike Land, City Manager Mailing 255 F.. Parkway Blvd Address: (,,,o ppe i i, rx 7 5 0 19 COPY TO: Robert F. Hager, ("Jly Attorney Nichols, Jackson, Dillard, I -lager & Srilith, LLC,', 500 N. Akard, Suite 1800 Dallas, Texas 75201 The above contact informa(i(�)n niay be modit"ied in writing by as party on behall'ol' (lint party by notice given in accordance vvith this section. 5.tM` 5 Auditsji_yj,? , Y. DARTand the CITY reserves the right to) , rbr -, dits _AK[and the CIT fie I I'll III of"records related tax this Agreement- Audits may encoilipass an exanlimation ofall t-mancial transactions, all accou tits aInd reports, as well as an evaluatiorl (it'compliance with the terms and conditiotis col this Agreement. 5.04, C,."gitractual R latjorishJ12, It is uners dtood and agi-ccd glial the, reNtionship described ill this . ....... ..... . .. ........ Agreenient between the parties is contractual in tialure arid is tiot to be construed to create as pat"mership o1joint veriture or agency relationship between the parties. 'No party shall he fiable lor any debts incurred by the other party in thc conduct orsuch anther party's business or furictions. 5 05 SLIbc(')_gtj,'aetin Nothing In this agreement shall prevent, DAR'fix)m using a contraclovor ar ,ent to perfiorm the dutiesand responsibilities contcul'iplatcd by this Af2recmenL WDART contracts with another entily or individual tO j1erforn'i any or all ofits obligations under this Agreenieilt, DART shall criter into) written contractual agreements requiring such entity Or individual tt,o conlpl.y with the applicable provisiorts ofthis Agreement. 5.06 jifliCe "JUl ReOlIkitions. During the perl"ormance of this Agreen,ient, each party, flo,u itself, its assignees, and 'Successors agrees to cornply with all apl.flicable local, suitc, and lederal repkations. P'n-o 4 5.07 No 'I"hird-Party Beneficiaries. Nothing ill this Agreenictit shall be construed as creating any liability in fi vor of any third party against DART or the CITY, Additionally, this Agreement shall not be construed as relieving any third part.), From any liability to DAR'T' or CITY. 5M Ansi gram Neither party shall assign this Agreement in whole or in part without first C)btairiirio wm written consent Frothe other party, which may be wa withheld For reasom Z� 5.09 Res )olisibifity. CITY and DAR'T agree that each sliall be responsible for the acts or oinissions ofits officials, officers, cri,iployees, or agents as provided by Texas law, in Ihe performance of this Agreement. 5,10 Irtroaaabrran y Retained. Nothing coMaincd in this Agreenient slicill he construed as mistituting a waiver of the CITY's or I)ART's governmental immunity from Suit or liability, vy'llich is expressly reserved to die extent allowed by law. 5,11 C"aptiolls, r H -le Captions, headings, and arrangements used in this Agreement are rol, COUINICIlience only mid shall not in any, way affect, limit, amplify, or inodify its terms and provisions. 5.12 lin I awqlld Yg1j,q , This, Agreement shal I IV COnSITUed and enfim-ced in accordance with the laNk's of the State oexas. The Parties agree ventle Shall lie in Da111,IS ("OU11ty, 'Fexas. 5.13 Number and Gender. Whenever used, herein, unless the coiitcxt otherwise provides, the Siligular I'lurriber SN"lli include the plural, tile plural the singular, and tile use ofally gender shall include all other 5 , 14, S rablrt IndIse al (mistruction. In the event any one or iiiore of the provisions contained in this Agreement shall be for any reason heid to be invalid, illegal, or uneill'orceabIc in any respect, such invalidity, illegality, 01' LHICTIFOI-CCIANtity S11811 110t, afT&I May' Other [V(MSi011(s) hereof, land this Agrccniciit shall be revised so las taxa CLIrc SUCII invand, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 5,.15 Mell,)er and Amendment. This instrument constitutes the entire agreement of the parfies kvith respect to the matters contemplated herein and supersedes any Prior dealings bet-weell the pardes oil this subJect matter. This Agreement may be modified or arnemicd only ill writing, signed by both Parties. 5. 16 Nondiscrimination. In its perforiiaiance of this Agreeinent, DART' and the CITY each w,'11'ralit that it shall not discriminateagainst any person arra account ofracc,, color, religioil, national origin, sex, age, disability, genetic inflormation, veteran stah,is, sexual orierttation, gerider identity or ally other characteristic protected by law. P,mw.5 5.17 IN I A�'qjyav , Neither ofthe parties Will be demned, by any act or ornission, taa brave wjived any of its HRMs or remedies hmvwWcr wilms such wAver is in xmidrig and signed by be waiving party, and then wily to the extent specifically set Corth in such writing. A Nvaiver with rel"erence to one event, shall not be conswed ns cwwinuing3w as as bar to or waiver or any right or re meetly' in to a utsmNent event. 5J8 Authorization to Act.. By their signatures below, the repi-csentatives of the (ITY and L)ART state that die), are authorized to enter hoo His Agreement. ne, crry and rMR'r will each pnAdde documentation that this Agreement has been aMorized by its respective raven inn body. EXECUTED this day of",_""i W Council. W Cl(TPyF 1, 2018 by mnNnUy or CATped Chy (ITY B NY My Sed: wary Approv: � as W vi: "got City Attorney horn 'y Mike [,.,and, (,ity Manager E(TTIM !his day Ofs"ClmmoKll 2018 by authority (&DARTBmard or 00C llireckns Resolution TWo. I x -ml DALLAS AREA WMD TRANSIT Garl- Th�X Pr esik 1' i 1'1�6trtivc I )irector 1"Pr 6 ATFACHP" ENTS EXHIBITA: Cypress Waters Page, 7 City of Coppell, Texas C',P FE L File ID: 2021-5498 Version: 1 File Name: 3/9/21 Council Meeting Master File Number: 2021-5498 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: City Council File Created: 01/18/2021 Final Action: Title: Consider approval of the cancellation of the March 9, 2021 City Council Meeting due to the date falling during Spring Break. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Contact: Hearing Date: Drafter: Effective Date: Related Files: History of Legislative File ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5498 Title Consider approval of the cancellation of the March 9, 2021 City Council Meeting due to the date falling during Spring Break. Summary Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 1 Printed on 1/22/2021 C',P FE L File ID: 2021-5500 Version: 1 File Name: MPT Action Item City of Coppell, Texas Master File Number: 2021-5500 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: City Council File Created: 01/18/2021 Final Action: Title: Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5500 Title Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Summary Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 1 Printed on 1/22/2021 C',P FE L File ID: 2021-5499 Version: 1 City of Coppell, Texas Master File Number: 2021-5499 Type: Agenda Item Reference: File Name: General & Special Election 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Agenda Ready In Control: City Council File Created: 01/18/2021 Final Action: Title: Consider approval of a Resolution calling for the General Municipal Election for Councilmembers Place 2, 4, 6 and Mayor; and Special Election for Place 3 for Saturday, May 1, 2021; and authorizing the Mayor to sign and execute a Joint Election Agreement with Dallas and Denton Counties. Considerar la aprobacion de una Resolucion donde convoca una Eleccion General para miembros del consejo de los Lugares 2, 4, 6 y para Alcalde; y una Eleccion Especial para el puesto para el Lugar 3 para el sabado 1 ero de mayo del 2021; y autorizar al alcalde para firmar y ejecutar un contrato de Eleccion Conjunta con los condados de Dallas y Denton. Notes: Sponsors: Attachments: Resolution Ordering General and Special Election - Mayor, PI 2, 3, 4, 6.pdf, Resolution Ordering General and Special Election - Mayor, PI 2, 3, 4, 6 - SP.pdf Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5499 Title Consider approval of a Resolution calling for the General Municipal Election for Councilmembers Place 2, 4, 6 and Mayor; and Special Election for Place 3 for Saturday, May 1, 2021; and authorizing the Mayor to sign and execute a Joint Election Agreement with Dallas and Denton Counties. Considerar la aprobacion de una Resolucion donde convoca una Eleccion General para City of Coppell, Texas Page 1 Printed on 1/22/2021 Master Continued (2021-5499) miembros del consejo de los Lugares 2, 4, 6 y para Alcalde; y una Eleccion Especial para el puesto para el Lugar 3 para el sabado 1 ero de mayo del 2021; y autorizar al alcalde para firmar y ejecutar un contrato de Eleccion Conjunta con los condados de Dallas y Denton. Summary Fiscal Impact: None at this time. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 2 Printed on 1/22/2021 RESOLUTION NO. ORDER OF GENERAL AND SPECIAL ELECTION May 1, 2021 BE IT REMEMBERED THAT on this the 26th day of January 2021, at a duly posted meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order, and the Council issued the following order: IT IS HEREBY ORDERED that a general election be held on the 1st day of May 2021, 7:00 a.m. to 7:00 p.m., for the purpose of electing one Mayor and one Councilmember for Place 2, one Councilmember for Place 4, one Councilmember for Place 6 for a period of three years. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. BE FURTHER ORDERED THAT A SPECIAL ELECTION BE held on the 1St day of May 2021, 7:00 a.m. to 7:00 p.m., for the purpose to fill an unexpired term for Councilmember Place 3. The election shall be held as a Joint Election administered by the Dallas and Denton County Elections Administrators in accordance with the provisions of the Texas Election Code and a Joint Election Agreement with each of the respective counties. The filing period for the Special Election shall begin on January 27, 2021 (following election being called) to March 1, 2021 at 5 p.m. In the event any candidate for said office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held. If a run-off election becomes necessary, the run-off election will be held on Saturday, June 5, 2021. The election shall be held as a Joint Election administered by the Dallas and Denton County Elections Administrators in accordance with the provisions of the Texas Election Code and a Joint Page 1 Election Agreement with each of the respective counties. The City Manager is hereby authorized to execute the Election Contracts with the Counties of Dallas and Denton for the conduct of the election. Pursuant to the Joint Election Contract, the County Elections Administrator shall serve as Election Administrator for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by the Elections Administrator from the list of proposed elections judges listed in an attachment to the Joint Election Contract. Notice of the election shall be posted on the bulletin board used to post notice of the City Council meetings and be published in a newspaper of general circulation in the City. Said notice must be published on the same day in each of two successive weeks, with the first publication occurring no earlier than the thirtieth day and no later than the fourteenth day before the date of the election. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and such person posting the notice shall make a record of the time of posting, starting date and the place of posting. Early voting by personal appearance for Dallas County and Denton County residents will be set forth in accordance with state law and as stated in the Joint Elections Contracts and posted on the City's webpage. Application for ballot by mail must be received no later than the close of business on April 16, 2021. Applications for early voting ballot by mail shall be mailed to: Dallas County residents Denton County residents Michael Scarpello Denton County Elections Administration Dallas County Elections Administrator 701 Kimberly Drive, Suite A101 Dallas County Elections Department Denton, TX 76208 1520 Round Table Drive Dallas, Texas 75247 That the City Secretary shall present the election returns to the City of Coppell City Council at a City Council meeting for the canvassing of said election in accordance with the Texas Election Code. Page 2 DULY ORDERED by the City Council of the City of Coppell, Texas the 26m day of January 2021. KAREN SELBO HUNT, MAYOR CITY OF COPPELL, TEXAS ATTEST: ASHLEY OWENS, CITY SECRETARY CITY OF COPPELL, TEXAS APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY Page 3 RESOLUCION NUM. ORDEN PARA UNA ELECCION GENERAL Y UNA ELECCION ESPECIAL 1 ero de mayo del 2021 SE RECUERDA que en este dia 26 de enero del ano 2021, en una reuni6n del Consejo Municipal de Coppell, Texas, estando presente el qu6rum, la reuni6n se llam6 al orden y el Consejo promulg6 la siguiente orden: AHORA, POR LO TANTO, SE ORDENA que las elecciones generales se lleven a cabo el lero de mayo del 2021, de las 7:00 a.m. hasta las 7:00 p.m., con el prop6sito de elegir un alcalde y un miembro del consejo para el Lugar 2, un miembro del consejo para el Lugar 4 y un miembro del consejo para el Lugar 6 por un periodo de tres anos. El candidato que reciba la mayoria de los votos para dicho puesto debera ser elegido para servir dicho plazo o hasta que su sucesor sea electo y capacitado. ADEMAS, SE ORDENA QUE LAS ELECCIONES ESPECIALES se llevaran a cabo el dia lero de mayo del 2021, de las 7:00 a.m. a las 7:00 p.m., con el prop6sito de ocupar un puesto no vencido para el miembro del consejo para el Lugar 3. Las elecciones deben llevarse a cabo como Elecciones Conjuntas administradas por los administradores de las elecciones de los condados de Dallas y Denton de acuerdo con las estipulaciones del C6digo Electoral del Estado y el contrato de las Elecciones Conjuntas con sus respectivos condados. El periodo de presentaci6n de la Elecci6n Especial comenzara el 27 de enero del 2021 (despu6s de la convocatoria de la elecci6n) hasta el ero de marzo del 2021 a las 5:00 p.m. En caso de que cualquier candidato para dicho puesto no logre acumular la mayoria de todos los votos contados entre todos los candidatos a ocupar dicho puesto, se llevara a cabo una segunda ronda de elecciones segun se contempla en la Carta Constitutiva del Municipio y el C6digo Electoral del Estado; y, se llevara a cabo el sabado 5 de junio del 2021. Las elecciones se llevaran a cabo como Elecciones Conjuntas administradas por los TM 120211 administradores de elecciones de los condados de Dallas y Denton de acuerdo con las estipulaciones del C6digo Electoral del Estado y el contrato de las Elecciones Conjuntas con sus respectivos condados. El administrador de la ciudad, por la presente esta autorizado para ej ecutar los Contratos de Elecci6n con los condados de Dallas y Denton para conducir dicha elecci6n. De acuerdo con el contrato de las Elecciones Conjuntas, el administrador de las Elecciones del Condado debera servir como el administrador de elecciones para dicha elecci6n. Los jueces de las elecciones y jueces alternos asignados para servir a dichas votaciones seran aquellos funcionarios electorales proporcionados por el administrador de elecciones de la lista de jueces de elecciones propuestos que se enumeran en un contrato anexo a la de Elecci6n Conjunta. El aviso de las elecciones tendra que estar presentado en un boletin que se utiliza para publicar avisos sobre las juntas del Consejo de la Ciudad y que son publicadas en el peri6dico en circulaci6n en la ciudad. Dicho aviso debe ser publicado en el mismo dia por dos semanas consecutivas, con la primera publicaci6n que no sea antes del trig6simo dia y no despu6s del decimocuarto dia antes de la fecha de elecci6n. Una copia del aviso publicado que contiene el nombre del peri6dico y la fecha de dicha publicaci6n debera ser conservado como registro de al momento de la publicaci6n, empezando la fecha y el lugar de la publicaci6n. La votaci6n temprana en persona para el condado de Dallas y para el condado de Denton los residentes se estableceran de acuerdo con la ley y como esta establecido por los contratos de las Elecciones Conjuntas y publicado en la pagina web de la ciudad. Aplicaciones para la votaci6n por correo debe ser recibida no mas tardar de el cierre del 16 de abril del 2021. Aplicaciones para la votaci6n temprana deberan ser mandadas a: Residentes del Condado de Dallas Michael Scarpello Chief Deputy Early Voting Clerk Dallas County Elections Department 1520 Round Table Drive Dallas, Texas 75247 Resientes del Condado de Denton Denton County Elections Administration 701 Kimberly Drive, Suite A101 Denton, TX 76208 TM 120211 La secretaria de la ciudad presentara los resultados de las elecciones al Consejo de la Ciudad de Coppell en la junta del consejo para el sondeo de votos de dicha elecci6n de acuerdo con C6digo Electoral del Estado. DEBIDAMENTE ORDENADO por Consejo de la Ciudad de Coppell, Texas este dia 26 de enero del 2021. ATESTIGUO: Ashley Owens, SECRETARIA DE LA CIUDAD APROBADO EN SU FORMA: Robert E. Hager, ABOGADO DE LA CIUDAD Karen Selbo Hunt, ALCALDE TM 120211 TM 120211 City of Coppell, Texas C',P FE L File ID: 2021-5496 Version: 1 =ile Name: Mayor & CC Reports 1/26/21 Master File Number: 2021-5496 Type: Agenda Item Reference: 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Mayor and Council Re po its In Control: City Council File Created: 01/18/2021 Final Action: Title: Report by the City Council on recent and upcoming events. Notes: Sponsors: Attachments: Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5496 Title Report by the City Council on recent and upcoming events. Summary Strategic Pillar Icon: Sustainable Government City of Coppell, Texas Page 1 Printed on 1/22/2021 C',P FE L File ID: 2021-5501 Version: 1 City of Coppell, Texas Master File Number: 2021-5501 Type: Agenda Item Reference: File Name: CC Committee Reports - 1/26/21 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Status: Council Committee Re po its In Control: City Council File Created: 01/18/2021 Final Action: Title: A. Report on Carrollton/Farmers Branch ISD and Lewisville ISD - Mayor Pro Tem Mark Hill and Councilmember Brianna Hinojosa-Smith B. Report on Coppell ISD - Councilmembers Brianna Hinojosa-Smith and Biju Mathew C. Report on Coppell Seniors - Councilmember Gary Roden Notes: Sponsors: Attachments: Contact: Drafter: Related Files: History of Legislative File Enactment Date: Enactment Number: Hearing Date: Effective Date: Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result: sion: Date: Text of Legislative File 2021-5501 Title A. Report on Carrollton/Farmers Branch ISD and Lewisville ISD - Mayor Pro Tem Mark Hill and Councilmember Brianna Hinojosa-Smith B. Report on Coppell ISD - Councilmembers Brianna Hinojosa-Smith and Biju Mathew C. Report on Coppell Seniors - Councilmember Gary Roden Summary City of Coppell, Texas Page 1 Printed on 1/22/2021