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CP 2023-05-09City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers7:00 PMTuesday, May 9, 2023 WES MAYS BIJU MATHEW Mayor Mayor Pro Tem CLIFF LONG KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH JOHN JUN Place 2 Place 5 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 7:00 p.m. for Work Session and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1. Call to Order 2.Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. A. Discussion regarding agenda items. Page 1 City of Coppell, Texas Printed on 5/5/2023 May 9, 2023City Council Meeting Agenda B. Discussion related to Service Organization Funding Requests. Memo.pdf FY24 Service Organization Funding Requests.pdf Subcommittee Memo 8-30-2016.pdf Attachments: Regular Session 3. Invocation 7:30 p.m. 4. Pledge of Allegiance Presentations 5.Recognition of Coppell High School Girls’ Basketball run to the state championship tournament. Proclamations 6.Consider approval of a Proclamation designating the month of May as “Building Safety Month,” and authorizing the Mayor to sign. Building Safety Month Proclamation.pdfAttachments: 7.Consider approval of a Proclamation celebrating the month of May as "National Water Safety Month"; and authorizing the Mayor to sign. Water Safety Month Proclamation.pdfAttachments: 8. Citizens’ Appearance 9. Consent Agenda A.Consider approval of the Minutes: April 25, 2023. CM 2023-04-25.pdfAttachments: B.Consider approval of an Ordinance for PD-250R28-H, Main Street Old Town, a zoning change request from H (Historic) to PD-250R28-H (Planned Development 250-Revision 28- Historic) to add this property to the conceptual Planned Development for the Main Street Old Town Project; creating seven (7) lots with six (6) proposed two-story buildings, (two (2) mixed-use professional office & residential, one (1) mixed-use medical office/retail/restaurant and residential, two (2) mixed-use retail/restaurant and residential, one (1) retail/restaurant), and a common parking lot on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road, and authorizing the Mayor to sign. Memo.pdf Ordinance.pdf Attachments: Page 2 City of Coppell, Texas Printed on 5/5/2023 May 9, 2023City Council Meeting Agenda Exhibit A.pdf Exhibit B - Overall Detail Site Plan.pdf Exhibit C - Overall Landscape Plan.pdf Exhibit D - Elevations Renderings Material Board.pdf C.Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-1, ‘Library Board’, by repealing Sections 2-1-1 and 2-1-4(C) in its entirety and replacing it with new sections 2-1-1 and 2-1-4(C) to include the appointment of two (2) Youth Advisors to serve as non-voting members as reflected in the Bylaws; by amending Chapter 2, Article 2-7, ‘Smart City Board’, by repealing Section 2-7-1 in its entirety and replacing it with new Section 2-7-1 to increase the number of members by providing for the appointment of two (2) Youth Advisors to serve as non-voting members; and authorizing the Mayor to sign. Memo.pdf Ordinance.pdf Attachments: D.Consider approval of an award of a bid to B-Weiss Entertainment Group for Special Event Production Services in the amount not to exceed $250,000, as budgeted; and authorizing the City Manager to sign any necessary documents. Memo.pdf Agreement.pdf Attachments: E.Consider approval of a Resolution denying a proposed application filed on April 5, 2023, by Texas-New Mexico Power (TNMP) to amend its Distribution Cost Recovery Factor (“DCRF”) to increase distribution rates within the city; and authorizing the Mayor to sign. Memo.pdf Resolution.pdf Attachments: F.Consider approval of awarding a contract to Loftin Equipment Company for the purchase of a replacement generator for the Coppell Arts Center; utilizing BuyBoard Quote BB-269253689; in the amount of $185,210.00; as budgeted in the Infrastructure Maintenance Fund (IMF); and authorizing the City Manager to sign any necessary documents. Memo.pdf Proposal.pdf Attachments: End of Consent Agenda 10.PUBLIC HEARING: Consider approval of amending definitions and text change to the Code of Ordinances, Chapter 12, Article 30 (S or Special Use Permits) defining and establishing Special Use Permit requirements for lodging houses (short term rentals (STRs), bed and breakfasts, boarding homes, hostels, Page 3 City of Coppell, Texas Printed on 5/5/2023 May 9, 2023City Council Meeting Agenda vacation homes, and corporate housing) within the SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. Memo.pdf PZ Staff Report.pdf Article 30. SUP Special Use Permit.pdf Attachments: 11.Consider review of Erin Bogdanowicz’ appointment to the Smart City Board pursuant to Section 2-11-2 of the Code of Ordinances. Memo.pdfAttachments: 12.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 13. Mayor and Council Reports on Recent and Upcoming Events. 14.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 15. Necessary Action from Executive Session 16. Adjournment ________________________ Wes Mays, 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 5th day of May, 2023, at _____________. ______________________________ Ashley Owens, City Secretary 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). Page 4 City of Coppell, Texas Printed on 5/5/2023 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6873 File ID: Type: Status: 2023-6873 Agenda Item Work Session 1Version: Reference: In Control: City Council 05/01/2023File Created: Final Action: WKS 5/9File Name: Title: A. Discussion regarding agenda items. B. Discussion related to Service Organization Funding Requests. Notes: Sponsors: Enactment Date: Memo.pdf, FY24 Service Organization Funding Requests.pdf, Subcommittee Memo 8-30-2016.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6873 Title A. Discussion regarding agenda items. B. Discussion related to Service Organization Funding Requests. Summary Page 1City of Coppell, Texas Printed on 5/5/2023 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Strategic Financial Engagement Date: May 9, 2023 Reference: Discussion related to the Service Organization Funding Requests. 2040: Foster and Inclusive Community Fabric Introduction: The purpose of this memo is to provide information concerning the service organizations that submitted grant requests for funding in fiscal year 2024, identify which would be required to present at a budget workshop based on Council’s guidelines, and determine if Council would like to add or remove any service organizations from the presentation list. Background: The City of Coppell has historically included funding for non-profit organizations in its annual operating budget. Organizations granted funding must be a qualifying 501(c)(3) entity, must provide a social or cultural service not provided by the City, and must benefit Coppell citizens. Applications are accepted annually during the month of April. Selected organizations will present to Council during the first budget workshop in July. In 2016, Council formed a subcommittee to address the process. A memo dated August 30, 2016, included a provision to review requests during a work session prior to the scheduled budget workshop and established the criteria for determining if an organization would present to Council. The criteria for determining if a service organization would present at the budget workshop in July are: - Any new requests - Any increase in requested funding - Any request over $10,000 Sixteen organizations submitted applications to be considered. Based on the criteria listed above, the following organizations would make a presentation during the budget workshop in July: • Assistance League of Coppell – Increased Request • Ballet Ensemble of Texas – New (did not request last year, but did in 2021 and 2022) • Children’s Advocacy Center/Denton County – Increased Request • Christian Community Action - Over $10,000 and Increased Request • Coppell Arts Council - Over $10,000 • Coppell Chamber of Commerce - Over $10,000 • Coppell Community Chorale – Over $10,000 and Increased Request • Coppell Community Orchestra - Over 10,000 • Coppell Community Theater - New • Coppell Historical Museum - Over $10,000 • Friends of Coppell Nature Park - New • Metrocrest Services - Over $10,000 • YMCA - Over $10,000 It is worth noting that some of the 13 are on the presentation list simply because they are requesting more than $10,000 even though they are not requesting an increase in their current funding level. Legal Review: N/A Fiscal Impact: No direct fiscal impact at this time. Recommendation: N/ Service Organizations Funding RequestsOrganizationAllocated 20-21Allocated 21-22Allocated 22-23Requested 23-24Approved 23-24NotesAssistance League of Coppell-$ -$ 2,500$ 5,000$ Ballet Ensemble of Texas7,500$ 7,500$ -$ 10,000$ Children's Advocacy Center/ Denton County5,922$ 3,400$ 4,675$ 8,896$ Christian Community Action15,000$ 15,000$ 15,000$ 20,000$ Coppell Arts Council25,000$ 27,000$ 27,000$ 27,000$ Coppell Chamber of Commerce35,500$ 45,500$ 45,500$ 45,500$ Coppell Community Chorale-$ 8,000$ 9,000$ 13,000$ Coppell Community Orchestra-$ 14,800$ 18,000$ 13,500$ Coppell Community Theather -$ -$ -$ 12,000$ Coppell Historical Society10,000$ 10,000$ 10,000$ 10,000$ Coppell Historical Museum107,197$ 117,000$ Friends of Coppell Nature Park-$ -$ -$ 15,000$ Metrocrest Services90,000$ 90,000$ 135,000$ 135,000$ The Family Place5,000$ -$ -$ -$ Woven Community Clinic (FKA Metrocrest Community Clinic)6,500$ 6,500$ 6,500$ 6,500$ YMCA15,000$ 30,000$ 30,000$ 20,000$ Last presented 07-2022; Request increase of 2,500Last presented 07-2019; Did not apply in FY23Last presented 07-2022; Request increase of $4,221Last presented 07-2017; Request increase of $5,000Last presented 07-2021; Qualifies for HOT fundingLast presented 06-2020; Last presented 07-2022; Request increase of $4,000;Qualifies for HOT fundingLast presented 07-2022; In FY23, received 14,800 + $3,200 for professional arrangerFirst request FY24; Qualifies for HOT fundingLast presented 07-2022; Qualifies for HOT fundingLast presented 07-2022; Qualifies for HOT fundingFirst request FY24Last presented 07-2022Last presented 07-2017; Have not applied FY22- FY24Last presented 07-2019Last presented 07-2021; FY22 & FY23 funding/granted $20,000 + $10,000 as a one-time paymentTotal 215,422$ 257,700$ 410,372$ 458,396$ Presentation Guidelines (per 8/30/16 memo)Previously approved groups requesting over $10,000Previously approved groups requesting an increaseNew applicants will be reviewed during a work session and potentially invited to present at workshopNew Hot Fund Date: August 30, 2016 To: Mayor, Council, City Manager’s Office From: Service Organizations Sub-committee (Marvin Franklin, Wes Mays, Nancy Yingling) Re: Service Organizations Funding Management Process Background The funding process in recent years has been largely guided by the attached materials (“Funding Framework and Missions”), created to provide both Council and Staff with increased clarity and funding discipline regarding these organizations and their role with respect to our various community missions. The material contains: 1) Community Mission Statements 2) Service Organizations funding framework in four specific quadrants, characterized by mission: Critical Social Services, Arts & Culture, Partnerships, and Special Interests (the “4th Quadrant”) The 4th quadrant was designed to be a “gauntlet” of sorts where Council could discuss, preliminarily vet and ultimately allow/disallow new applicant participation in the process for budget consideration. At the time, it was thought that while new groups would apply annually, they would be vetted before being allowed to move forward in the process. The objective was to stay consistent with our Missions, firmly discourage “program creep” and reduce time waste. The above referenced ad hoc committee was organized to recommend to Council approaches to improve our process for evaluating new service organization applicants and provide staff with guidance and support going forward. The Process Problem and Associated Issues First: Council has largely failed to implement the “4th quadrant” discipline originally intended. This has resulted in various groups seeking funding which either: a) wastes time, b) offer services which are not consistent with the mission, c) fall short of meaningful community impact or are otherwise illogical, or any combination of the aforementioned. Second: Without sufficient guidance, staff has had no choice but to take all applications and allow them to go through the process. Third: The subject of Service Organizations and fundings would seem to represent an appropriate opportunity to discuss the issue of Council “self-policing” and internal/external influences on decision-making. Recommendations and Areas of Discussion Preliminary Review: It is recommended that any new applicant (not previously funded) would be preliminarily reviewed at a work session scheduled by staff to determine whether the applicant should be considered during our Annual Budget Meeting regarding Service Organization fundings. If positive interest is shown by Council, then the applicant would be scheduled to present at the Budget meeting. There is no guarantee, however, that such group would ultimately be funded, only the permission to present. If necessary, a “go/no go” checklist containing fundamental threshold criteria (broader community service/benefit, degree of community enhancement, increased quality of life or imaging provided and so on) could easily be created as a guide for the preliminary review. Organizations seeking funding outside the spirit of our Service Organization Mission Statements should be discouraged. These would include, but not be limited to, funding of scholarships or grants of any kind, funding viewed as being politically preferenced, funding viewed as “buying” community influence or support, funding that negatively impacts our community image, funding to those representing a narrow community segment, as opposed to broad, or funding targeted toward a sole individual. Applicants should be made aware that high levels of prudence, selectivity and cost/benefit evaluation by Council are intended to stay consistent with our Mission Framework and discourage “program creep.” Empower Staff: It is recommended that previously approved Service Organizations with funding levels of $10,000 or less would not be required to present during the Annual Budget meeting. Those groups would be considered “recurring,” added to the budgeted numbers by the City Manager, and be consistent with prior year funding levels. In the event that any of the approved organizations seek an increase over prior year funding levels, then such organization would need to present their request to Council during the Annual Budget Meeting. If such increase is a one-time request, then funding would ultimately revert back to funding levels prior to the one-time increase. It would be staff’s responsibility to inform Council of anything that might cause Council to reconsider funding the approved organizations (mission issues, things harmful to our community image, service impact on our community, financial issues, etc.). Discussion Regarding Influence and Self-Policing: In discussing our decision-making process, the committee noted that Council members have done a good job of recusing themselves from situations that may involve conflicts of interests. The sub- committee believes that it is appropriate to discuss the Council’s involvement with service organizations and the impact that it can have on Council discussions, decision making, and staff. Questions: 1. To what extent are Council members and staff involved with the service organization? Volunteers, Board members, Members, Donors, etc. 2. Should those activities be revealed to Council and staff? 3. Which areas of our involvement lend themselves to some level of scrutiny and individual restraint? 4. Should any of us recuse ourselves from discussions and/or voting regarding the funding of organizations in which we are involved? Discussion MISSIONS AND FUNDING FRAMEWORK I. Critical Social Service Needs “Our residents, on occasion, experience significant challenges as victims of crime, economic hardship, physical frailties or emergencies. Local agencies meet these needs more efficiently and more effectively than the City of Coppell otherwise could.” II. Arts & Culture “Cultural and arts enhance the quality of life in Coppell and help establish a strong sense of community. The City of Coppell prefers to become a sponsor for performances and arts groups through financial and in-kind support.” III. Partnerships “Partnering with school, civic, and community organizations enable the city to maximize its services and programs while minimizing costs. The City of Coppell prefers partnering opportunities as an effective approach to achieving multiple objectives contained within its longer term strategic plan, currently Coppell 2030.” IV. Special Interests “Funding requests to address the needs of narrower segment of the Coppell community will be considered occasionally. The City of Coppell recognizes that these segments will require higher levels of prudence, selectivity, and cost/benefit evaluation.” Funding Needs Funding Wants Critical Social Service Needs: Arts & Culture: Family Place Metrocrest Services (merged with Senior Adult Services) Children’s Advocacy Center Christian Community Action Metrocrest Family Services Coppell Family YMCA Metrocrest Community Clinic Coppell Community Chorale Ballet Ensemble of Texas Texas Creative Arts Coppell Historical Society Theater Coppell* Old Coppell Theater Site Waggin’ Tail Dog Park Coppell Special Olympics Coppell High School Band Benefit: Meets community needs that otherwise would either 1) have detrimental impact on the Community or 2) would force the City to render some service level that it either cannot or would rather not provide. Capitalization: Capital Mechanism: Capital Allocation Benefit: Amenities for special interests, sponsorship/branding opportunities, community spirit Capitalization: Capital, Sponsorships Mechanism: Capital Allocation, Sponsorships, Facilities/Land Hybrid: Funding Needs/Wants Funding Wants/Needs Partnerships: Special Interests: Coppell Chamber of Commerce CISD Economic Development Projects/Programs Sports Association Health & Wellness Initiatives Coppell Nature Park* Old Coppell/Main Street* Coppell Copperheads Baseball* Launchability (Special Care & Career Services) Texas Scottish Rite Hospital for Children The Warren Center Jha’Kyric Nixon Scholarship Fund Benefit: Revenues, Jobs, Economic Prosperity, Community Welfare and wellness Capitalization: Capital, Matching Funds, Bonds, Incentives/Goals Mechanism: Capital Allocation, Contractual, Infrastructure, Credit Enhancement Examples: Hard Eight, Container Store, Old Coppell, Artificial Turf Co-Funding*, Kid Country*, Biodiversity Center* Benefit: Amenities for Special Interests, Sponsorship/Branding Opportunities Capitalization: Capital, Matching Funds, Bonds Mechanism: Capital Allocation, Infrastructure, Sponsorship *Matched Funding/Land or Facilities Contribution Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6874 File ID: Type: Status: 2023-6874 Agenda Item Presentations 1Version: Reference: In Control: City Council 05/01/2023File Created: Final Action: Presentation 5/9File Name: Title: Recognition of Coppell High School Girls’ Basketball run to the state championship tournament. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6874 Title Recognition of Coppell High School Girls’ Basketball run to the state championship tournament. Summary Page 1City of Coppell, Texas Printed on 5/5/2023 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6883 File ID: Type: Status: 2023-6883 Agenda Item Proclamations 1Version: Reference: In Control: City Council 05/02/2023File Created: Final Action: Proclamation for Building Safety Week 2023File Name: Title: Consider approval of a Proclamation designating the month of May as “Building Safety Month,” and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Building Safety Month Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6883 Title Consider approval of a Proclamation designating the month of May as “Building Safety Month,” and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 5/5/2023 PROCLAMATION WHEREAS, our city is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike, and; WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry––who work year-round to ensure the safe construction of buildings, and; WHEREAS, these guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work and play, and; WHEREAS, these modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and; WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety––our local code officials––who assure us of safe, sustainable and affordable buildings that are essential to our prosperity, and; WHEREAS, “It Starts with You,” The theme for Building Safety Month 2023, encourages us all to raise awareness about building safety on a personal, local and global scale, and; WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim the month of May 2023 as “Building Safety Month” Accordingly, I encourage our citizens to join us as we celebrate Building Safety Month. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 9th day of May 2023. ________________________ Wes Mays, Mayor ATTEST: ____________________________ Ashley Owens, City Secretary Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6877 File ID: Type: Status: 2023-6877 Agenda Item Proclamations 1Version: Reference: In Control: Parks and Recreation 05/01/2023File Created: Final Action: Water Safety MonthFile Name: Title: Consider approval of a Proclamation celebrating the month of May as "National Water Safety Month"; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Water Safety Month Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6877 Title Consider approval of a Proclamation celebrating the month of May as "National Water Safety Month"; and authorizing the Mayor to sign. Summary Fiscal Impact: None. Staff Recommendation: The Community Experiences Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 5/5/2023 Master Continued (2023-6877) Page 2City of Coppell, Texas Printed on 5/5/2023 PROCLAMATION WHEREAS, citizens of Coppell recognize the vital role that swimming and aquatic-related activities relate to good physical and mental health and enhance the quality of life for all people; and WHEREAS, the citizens of Coppell understand the essential role that education regarding the topic of Water Safety plays in preventing drowning and recreational water- related injuries; and WHEREAS, the City of Coppell is aware of the contributions made by the recreational water industry in developing safe swimming facilities, aquatic programs, home pools and spas, and related activities providing healthy places to recreate, learn and grow, confidence and sense of self-worth which contributes to the quality of life in our community; and WHEREAS, the citizens of Coppell recognize the ongoing efforts and commitments to educate the public on pool and spa safety issues; and WHEREAS, Greg Abbott, Governor of Texas, has proclaimed May to be Water Safety Month and WHEREAS, the citizens of Coppell understand the vital importance of communicating Water Safety rules and programs to individuals of all ages, whether owners of private pools, users of public swimming facilities, or visitors to waterparks; NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim the month of May as "NATIONAL WATER SAFETY MONTH" IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 9th day of May 2023. ________________________ Wes Mays, Mayor ATTEST: ____________________________ Ashley Owens, City Secretary Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6879 File ID: Type: Status: 2023-6879 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 05/01/2023File Created: Final Action: Minutes 4/25/23File Name: Title: Consider approval of the Minutes: April 25, 2023. Notes: Sponsors: Enactment Date: CM 2023-04-25.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6879 Title Consider approval of the Minutes: April 25, 2023. Summary Page 1City of Coppell, Texas Printed on 5/5/2023 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, April 25, 2023 WES MAYS BIJU MATHEW Mayor Mayor Pro Tem CLIFF LONG KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH JOHN JUN Place 2 Place 5 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Managers Traci Leach and Kent Collins, City Attorney Robert Hager, and Deputy City Secretary Sara Egan. The City Council of the City of Coppell met in Regular Session on Tuesday, April 26, 2022 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Work Session at 5:30 p.m. Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. 3. A. Discussion regarding agenda items. B. Presentation and discussion regarding a proposed Veterans Memorial in Coppell. C. Receive a legislative update. Presented in Work Session. Page 1City of Coppell, Texas April 25, 2023City Council Minutes Mayor Wes Mays adjourned the Work Session at 7:00 p.m. and convened into the Executive Session at 7:03 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.074, Texas Government Code - Personnel Matters To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Discussed under Executive Session. Regular Session Mayor Wes Mays recessed the Executive Session at 7:33 p.m. and convened into the Regular Session at 7:38 p.m. Invocation 7:30 p.m.4. Mr. Steve Allen with First United Methodist Church gave the invocation. Pledge of Allegiance5. Mayor Wes Mays and the City Council led the audience in the Pledge of Allegiance. Proclamations 6.Consider approval of a Proclamation celebrating the month of May as “Pickleball Month”, and authorizing the Mayor to sign. Mayor Wes Mays read the proclamation into the record and presented the same to members of the Pickleball community. A motion was made by Councilmember Hinojosa-Smith, seconded by Councilmember Don Carroll, that this Agenda Item be approved. The motion passed by an unanimous vote. 7.Consider approval of a Proclamation designating the week of April 23-29, 2023, as “National Library Week”; and authorizing the Mayor to sign. Mayor Wes Mays read the proclamation into the record and presented the same to members of the Library. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember John Jun, that this Agenda Item be approved. The motion passed by an unanimous vote. Citizens’ Appearance8. Page 2City of Coppell, Texas April 25, 2023City Council Minutes Mayor Wes Mays asked for those who signed up to speak: 1) Phil LaBerge, 858 Dalmalley, spoke in regards to veterans memorial. 2) Barbara Bailey, 232 Plantation, spoke in regards to sidewalks and curbs. 3) Sue McCarthy, 456 Woodway, spoke in regards to veterans memorial and smart cities. 4) John Benton, 830 Applecross Court, spoke in regards to veterans memorial. Presentations 9.Presentation regarding ADA curb ramp design; and seeking City Council direction. Presentation: Kori Allen, ADA and Capital Programs Coordinator, made a presentation to the City Council. Ross Thomas with Accessology stated they have been involved with the transition plan for sidewalk and intersections for the City. Mr. Thomas explained the Department of Justice recommends directional curb ramps because for a number of years individuals in chairs lacked the upper body strength to avoid traffic in diagonal curb direction. Directional curb ramps also direct the visually impaired. City Council discussed options. Consent Agenda10. A.Consider approval of Minutes: April 11, 2023. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Councilmember Carroll, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. B.Consider approval of awarding a contract with Custard Construction for the general maintenance and repairs to Fire Station #3 under TIPS contract #211001; in the amount of $74,909.72; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Councilmember Carroll, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. C.Consider approval to enter a professional engineering services contract with Freese and Nichols, Inc. to provide design services for rehabilitation of 4,287 linear feet of sewer main in the amount of $530,000.00; as provided for in the 2018 Bond Issue; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Councilmember Carroll, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. D.Consider approval to enter a professional engineering services contract Page 3City of Coppell, Texas April 25, 2023City Council Minutes with Walter P Moore to provide design services for a portion of Woodridge Channel bank stabilization; in the amount of $101,900.00; as budgeted in the Drainage Utility District fund; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Councilmember Carroll, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. End of Consent Agenda 11.CONTINUED PUBLIC HEARING: Consider approval of an Ordinance to amend the Code of Ordinances by repealing and replacing Chapter 15 “Other Codes Adopted”, Article 15-2 “National Electrical Code”, to adopt the 2023 National Electrical Code with local amendments; and authorizing the Mayor to sign. Presentation: Stephen Schubert, Chief Building Official, made a presentation to the City Council. Mayor Wes Mays continued the Public Hearing and stated that no one had signed up to speak. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Brianna Hinojosa-Smith, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Enactment No: 2023-1594 12.Consider approval of an award of a professional services contract to Landscape Professionals of Texas, for median maintenance services, in the amount not to exceed $275,000, as provided for in the General Fund; and authorizing the City Manager to sign any necessary documents. Presentation: David Ellison, Parks Operations Manager, made a presentation to the City Council. A motion was made by Councilmember Don Carroll, seconded by Councilmember Kevin Nevels, that this Agenda Item be approved. The motion passed by an unanimous vote. City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session. 13. Work Session Direction: Council provided direction to re-convene the Focus Group to explore alternative locations, a design contest, and program components for the Veterans Memorial Project. Staff will continue the discussion with the Council at the upcoming Council retreat. The schedule for the official unveiling was delayed from the initial date of Veteran’s Day 2023. Winter-averaging: Cycle 2 bills with winter-averaging were mailed last week. Cycle 1 bills will go out on May 1 or 2 since April 30 falls on the weekend. Once Cycle 1 bills are mailed, all residential customers will have received their first bill reflecting the winter-averaging billing method for sewer. No calls Page 4City of Coppell, Texas April 25, 2023City Council Minutes regarding the new billing method have been received from Cycle 2 customers as of Monday, April 24. Moore Road Boardwalk: We are still on schedule and the contractor has drilled over half of the piers that will support the boardwalk. S. Belt Line is finishing up the last stamped concrete on phase 2 and anticipate opening to traffic on both sides the second week in May. They will begin phase 3 from Hackberry to 635 in the coming weeks. Panel replacement on E. Sandy Lake is ongoing. The Duck Pond Park Improvements: Construction is expected to begin mid-May and is estimated to take 8 months to complete. Thweatt Park Improvements: Construction is expected to begin in mid-June. As a safety precaution, the park will be closed during the duration of the project. Updates regarding park closure dates will be posted to City social media outlets as they become available. The estimated completion date for this project is mid-fall. GFOA Distinguished Budget Presentation award for October 1, 2022 Budget. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by our organization. The City of Coppell is hosting two fellows through ICMA. They are part of the Young Southeast Asian Leaders Initiative (YSEALI) Professional Fellows Program (PFP). This program is sponsored by the U.S. State Department, Bureau of Educational and Cultural Affairs (ECA) and Institute Partners such as ICMA. The program brings emerging leaders to the United States for intensive fellowships designed to broaden their professional expertise. Please welcome, Jeffrey Manalo from the Philippines and Kimp Yustisiana from Indonesia. Mayor and City Council Reports on Recent and Upcoming Events.14. Today is the last day to apply for the Texas Power Switch program. The program assist citizens to find the lowest utility cost, registration is available online. Early voting in the May 6 Joint Election has begun and runs through Tuesday, May 2, 2023. Election Day is May 6th, please check out coppelltx.gov/election for times and locations. The Cozby Library will be hosting a Volunteer Fair on Saturday, April 29th from 2 to 4 pm. Local organizations from the DFW Metroplex will be there looking for volunteers of all ages to help you find ways to give back to your community. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 15. A. Report on Carrollton/Farmers Branch ISD and Lewisville ISD - Councilmember Mark Hill B. Report on Coppell ISD - Councilmember Kevin Nevels Page 5City of Coppell, Texas April 25, 2023City Council Minutes C. Report on Coppell Seniors - Councilmember John Jun Reports provided by City Council members. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16. Nothing to report. Mayor Wes Mays recessed the Regular Session at 9:25 p.m. and reconvened into the Executive Session at 9:30 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.074, Texas Government Code - Personnel Matters. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Continued discussion under Executive Session. Mayor Wes Mays adjourned the Executive Session at 10:15 p.m. and reconvened into the Regular Session at 10:20 p.m. Necessary Action from Executive Session17. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Long to renew the contract of the City Manager, Mike Land, and provide a base salary increase for COLA and merit in the amount of 3% and, pay the City Manager’s TMRS contribution of 7%; and, authorize the Mayor to execute the appropriate contract amendment. Adjournment18. There being no further business before the City Council, the meeting was adjourned at 10:22 p.m. ________________________ Wes Mays, Mayor ATTEST: __________________________ Sara Egan, Deputy City Secretary Page 6City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6801 File ID: Type: Status: 2023-6801 Agenda Item Consent Agenda 3Version: Reference: In Control: City Council 03/04/2023File Created: Final Action: PD-250R28-H, Main Street Old TownFile Name: Title: Consider approval of an Ordinance for PD-250R28-H, Main Street Old Town, a zoning change request from H (Historic) to PD-250R28-H (Planned Development 250-Revision 28- Historic) to add this property to the conceptual Planned Development for the Main Street Old Town Project; creating seven (7) lots with six (6) proposed two-story buildings, (two (2) mixed-use professional office & residential, one (1) mixed-use medical office/retail/restaurant and residential, two (2) mixed-use retail/restaurant and residential, one (1) retail/restaurant), and a common parking lot on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road, and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Ordinance.pdf, Exhibit A.pdf, Exhibit B - Overall Detail Site Plan.pdf, Exhibit C - Overall Landscape Plan.pdf, Exhibit D - Elevations Renderings Material Board.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 Close the Public Hearing and Approve 04/11/2023City Council Text of Legislative File 2023-6801 Title Consider approval of an Ordinance for PD-250R28-H, Main Street Old Town, a zoning change request from H (Historic) to PD-250R28-H (Planned Development 250-Revision 28- Historic) to Page 1City of Coppell, Texas Printed on 5/5/2023 Master Continued (2023-6801) add this property to the conceptual Planned Development for the Main Street Old Town Project; creating seven (7) lots with six (6) proposed two-story buildings, (two (2) mixed-use professional office & residential, one (1) mixed-use medical office/retail/restaurant and residential, two (2) mixed-use retail/restaurant and residential, one (1) retail/restaurant), and a common parking lot on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road, and authorizing the Mayor to sign. Summary Fiscal Impact: This will generate additional sales tax and business personal property tax. Staff Recommendation: The Planning Department recommends approval of this ordinance and authorizing the Mayor to sign. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 5/5/2023 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: May 9, 2023 Reference: Consider approval of an ordinance for PD-250R28-H, Main Street Old Town, a zoning change request from H (Historic) to PD-250R28-H (Planned Development 250-Revision 28- Historic) to add this property to the conceptual Planned Development for the Main Street Old Town Project; creating seven (7) lots with six (6) proposed two-story buildings (two (2) mixed-use professional office & residential, one (1) mixed-use medical office/retail/restaurant and residential, two (2) mixed-use retail/restaurant and residential, one (1) retail/restaurant) and a common parking lot on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road and authorizing the Mayor to sign. 2040: Create Business and Innovation Nodes Introduction: This item is to approve a mixed-use development that will consist of seven lots containing six new mixed- use buildings and a parking lot. The site is just under an acre in size and will necessitate the removal of two buildings. Background: On March 16, 2023, the Planning and Zoning Commission unanimously recommended APPROVAL of PD-250R28-H, subject to the conditions. City Council approved the zone change request (4-3) on April 11, 2023, with the same conditions listed below: 1. There may be additional comments during the Detail Engineering review. 2. Final Plat cannot be filed until buildings have been removed and zoning is approved. 3. Tree removal permit will be required prior to construction. 4. Coordinate with Parks Department for the removal of offsite trees and relocation of irrigation south of Lot 7X to allow for access via the City’s parking lot. 5. Lot 7X, Block A, Main Street Old Town Addition shall only be used for parking. 6. Lot 7X, Block A, Main Street Old Town Addition will not have street frontage but will be accessible via an access easement which will be required between Lot 7X, Block A, Main Street Old Town Addition and the City of Coppell. 7. Existing 15 parking spaces on Main Street in front of this development shall be counted for this development on the condition that this development becomes part of the Old Town POA. 8. Existing parking spaces in the “Old Town” area shall be counted towards this development on the condition that this development becomes part of the Old Town POA. 9. The POA shall be responsible for maintenance of the common area, proposed Lot 7X, Block A, Main Street Old Town Addition, and all landscaping. 10. All signage must comply with H District ordinance requirements. 2 11. Building 3 will not have any residential uses but may have a commercial occupancy on the second floor. 12. Maximum building height shall not exceed 35-ft above finished floor. 13. The POA shall maintain all amenities including benches, dumpster, trash receptacles, bicycle racks, sidewalk easements between buildings, etc. 14. The POA shall maintain the private drainage easement. 15. Submit a letter from the Old Town Main Street POA stating that they will accept this development into their POA and all of the responsibilities and conditions stated above. Benefit to the Community: This project will expand and enhance the community’s access to shopping, restaurants, medical services, and offices by offering these services. These services and amenities will be spread over six lots and be added to the Planned Development for the Old Town Main Street project. Legal Review: The City Attorney reviewed the ordinance. Fiscal Impact: This will generate additional sales tax and business personal property tax. Recommendation: The Planning Department recommends approval of this ordinance and authorizing the Mayor to sign. Attachments: 1. Ordinance 2. Exhibit A – Legal Description 3. Exhibit B – Overall Detail Site Plan 4. Exhibit C - Overall Landscape Plan 5. Exhibit D – Elevations & Renderings TM 134762 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM H (HISTORIC) TO PD-250R28-H (PLANNED DEVELOPMENT 250-REVISION 28- HISTORIC) TO ADD THIS PROPERTY TO THE CONCEPTUAL PLANNED DEVELOPMENT FOR THE MAIN STREET OLD TOWN PROJECT; CREATING SEVEN LOTS WITH DETAIL SITE PLANS FOR SIX (6) PROPOSED TWO-STORY BUILDINGS (TWO MIXED-USE PROFESSIONAL OFFICES AND RESIDENTIAL, ONE MIXED-USE MEDICAL OFFICE/RETAIL/RESTAURANT AND RESIDENTIAL, TWO MIXED-USE RETAIL/RESTAURANT AND RESIDENTIAL, ONE RETAIL/RESTAURANT), AND A COMMON PARKING LOT ON 0.946 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF MAIN STREET AND WEST BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE OVERALL DETAIL SITE PLAN, OVERALL DETAIL LANDSCAPE PLAN, AND ELEVATIONS AND RENDERINGS FOR LOTS 1-6, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D” RESPECTIVELY; PROVIDING 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-250R28-H should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Zoning 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 Zoning 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 to grant a change in zoning from H (Historic) to PD- TM 134762 250R28-H (Planned Development-250 Revision 28- Historic), to add this property to the conceptual Planned Development for the Main Street Old Town Project; creating seven lots with six (6) proposed two-story buildings (two (2) mixed-use professional office & residential, one (1) mixed-use medical office/retail/restaurant & residential, two (2) mixed-use retail/restaurant & residential, one (1) retail/restaurant), and a common parking lot on 0.946 acres of land located the southwest corner of Main Street and W. Bethel Road and being more particularly described in Exhibit “A” attached hereto and made part hereof for all purposes, subject to the detailed Site Plan and development regulations provided in this ordinance. SECTION 2. That the Planned Development-250R28-Historic shall be used and developed in accordance with the Historic District regulations except as provided herein and 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-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. The Director of Community Development shall have the authority to administratively approve the proposed signage for this development in accordance with planned development regulations for PD-250R8-H and the Historic District. D. Buildings 1 and 2 shall have office uses on the first floor and the second-floor shall be used for residential purposes only; building 3 shall have retail or restaurant uses on the TM 134762 first floor and retail uses on the second floor; buildings 4 and 5 shall have retail or restaurant uses on the ground floor and the second floor shall be used for residential purposes only; building 6 shall have medical office, retail or restaurant uses on the first floor and the second floor shall be used for residential purposed only, and Lot 7X shall be used only as a parking lot and all buildings shall be developed, constructed and maintained in accordance with local ordinance and building codes; as provided in Exhibits “B” through “D” as incorporated herein. E. Lot 7X, parking lot, will require an access easement from the City of Coppell and coordination with the City to remove off-site trees and relocate irrigation. F. Building 3 will not have any residential uses but may have a commercial occupancy on the second floor. G. Maximum building height shall not exceed 35-ft above finished floor. H. Existing 15 on-street parking spaces on Main Street in front of this development shall be counted for the uses in this development; and, existing common public parking spaces in the Old Town Main Street development shall be counted towards the use in this development if this development becomes part of the Old Town Main Street Property Owners Association. I. Approve the Building Elevations as depicted in the Elevation Plan, Exhibit “D”. J. PD Regulations prior to issuance of any certificate of occupancy: 1. Final Plat in conformance with the detailed site shall be filed prior to issuance of building permits; and such plat cannot be filed until any existing buildings have been removed from the site and the development becomes part of the POA. TM 134762 2. All wall signage plans for any use shall be submitted and administratively approved in compliance with H District regulations. 3. The Old Town Main Street Property Owners Association (POA) shall be responsible for maintenance of the common areas, proposed Lot 7X Block A, Main Street Old Town Addition. 4. Submit a development agreement and deed restrictions to the City that the POA shall maintain all common area amenities including benches, dumpster, trash receptacles, bicycle racks, sidewalk easements between buildings, private drainage easement and all landscaping. SECTION 3. That the Detail Site Plan, Overall Landscape Plan, and Elevations, and all comments and notes set forth therein, attached hereto as Exhibits “B” through “D” are made a part hereof for all purposes, and 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 TM 134762 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 ___________________, 2023. APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _____________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: _______________________________ ROBERT E. HAGER, CITY ATTORNEY TM 134762 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM H (HISTORIC) TO PD-250R28-H (PLANNED DEVELOPMENT 250-REVISION 28- HISTORIC) TO ADD THIS PROPERTY TO THE CONCEPTUAL PLANNED DEVELOPMENT FOR THE MAIN STREET OLD TOWN PROJECT; CREATING SEVEN LOTS WITH DETAIL SITE PLANS FOR SIX (6) PROPOSED TWO-STORY BUILDINGS (TWO MIXED-USE PROFESSIONAL OFFICES AND RESIDENTIAL, ONE MIXED-USE MEDICAL OFFICE/RETAIL/RESTAURANT AND RESIDENTIAL, TWO MIXED-USE RETAIL/RESTAURANT AND RESIDENTIAL, ONE RETAIL/RESTAURANT), AND A COMMON PARKING LOT ON 0.946 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF MAIN STREET AND WEST BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE OVERALL DETAIL SITE PLAN, OVERALL DETAIL LANDSCAPE PLAN, AND ELEVATIONS AND RENDERINGS FOR LOTS 1-6, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D” RESPECTIVELY; PROVIDING 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 ___________________, 2023. APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _________________________________ ASHLEY OWENS, CITY SECRETARY Exhibit A Page 1 of 1 Exhibit B1 of 1 Exhibit C1 of 1 Exhibit D1 of 9 Exhibit D2 of 9 Exhibit D3 of 9 Exhibit D4 of 9 Exhibit D5 of 9 Exhibit D6 of 9 Exhibit D9 of 9 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6878 File ID: Type: Status: 2023-6878 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 05/01/2023File Created: Final Action: SC YA OrdFile Name: Title: Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-1, ‘Library Board’, by repealing Sections 2-1-1 and 2-1-4(C) in its entirety and replacing it with new sections 2-1-1 and 2-1-4(C) to include the appointment of two (2) Youth Advisors to serve as non-voting members as reflected in the Bylaws; by amending Chapter 2, Article 2-7, ‘Smart City Board’, by repealing Section 2-7-1 in its entirety and replacing it with new Section 2-7-1 to increase the number of members by providing for the appointment of two (2) Youth Advisors to serve as non-voting members; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Ordinance.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6878 Title Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-1, ‘Library Board’, by repealing Sections 2-1-1 and 2-1-4(C) in its entirety and replacing it with new sections 2-1-1 and 2-1-4(C) to include the appointment of two (2) Youth Advisors to serve as non-voting members as reflected in the Bylaws; by amending Chapter 2, Article 2-7, ‘Smart City Board’, by repealing Section 2-7-1 in its entirety and replacing it with new Section 2-7-1 to increase the number of members by providing for the appointment of two (2) Youth Advisors to serve as non-voting members; and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 5/5/2023 Master Continued (2023-6878) Summary Fiscal Impact: There is no fiscal impact. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 5/5/2023 1 MEMORANDUM To: Mayor and City Council From: Ashley Owens, City Secretary Date: May 9, 2023 Reference: Consider approval of an Ordinance amending the Code of Ordinances by amending Chapter 2, Article 2-1, ‘Library Board’, by repealing Sections 2-1-1 and 2-1-4(C) in its entirety and replacing it with new sections 2-1-1 and 2-1-4(C) to include the appointment of two (2) Youth Advisors to serve as non-voting members as reflected in the Bylaws; by amending Chapter 2, Article 2-7, ‘Smart City Board’, by repealing Section 2-7-1 in its entirety and replacing it with new Section 2-7-1 to increase the number of members by providing for the appointment of two (2) Youth Advisors to serve as non-voting members; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: The purpose of this agenda item is to add two (2) Youth Advisor positions to the Smart City Board by amending the board’s Ordinance. The Youth Advisor positions are non-voting members. This amendment also clarifies language in the Library Board Ordinance to match the other boards that have Youth Advisors. Background: During City Council’s Winter Retreat, City Council directed staff to add two Youth Advisors to the Smart City Board by updating the ordinance before the annual appointment process began. Since the Smart City Board’s creation, there has been interest from young people in the community to become involved with the board. Benefit to the Community: This agenda item will provide young people in Coppell an opportunity to provide feedback to appointed and elected officials. Their input will assist in community decision-making. 2 Legal Review: The City Attorney prepared the ordinance. Fiscal Impact: There is no fiscal impact. Recommendation: The City Secretary’s Office recommends approval. TM133808 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, ARTICLE 2-1, ‘LIBRARY BOARD’, BY REPEALING SECTIONS 2-1-1 AND 2-1-4(C) IN ITS ENTIRETY AND REPLACING IT WITH NEW SECTIONS 2-1-1 AND 2-1-4(C) TO INCLUDE THE APPOINTMENT OF TWO (2) YOUTH ADVISORS TO SERVE AS NON-VOTING MEMBERS AS REFLECTED IN THE BYLAWS; BY AMENDING CHAPTER 2, ARTICLE 2-7, ‘SMART CITY BOARD’, BY REPEALING SECTION 2-7-1 IN ITS ENTIRETY AND REPLACING IT WITH NEW SECTION 2-7-1 TO INCREASE THE NUMBER OF MEMBERS BY PROVIDING FOR THE APPOINTMENT OF TWO (2) YOUTH ADVISORS TO SERVE AS NON-VOTING MEMBERS; BY PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 2-1 and Article 2-7 of the City of Coppell Code of Ordinances provides for the established membership for the Library Board and Smart City Board, which currently consists of seven (7) regular members and two (2) alternate members appointed by the City Council for each board; and WHEREAS, the City desires to amend Section 2-1-1 and 2-1-4(C) to include the membership for the two (2) additional non-voting youth advisors to the Library Board as reflected in the bylaws; and WHEREAS, the City desires to amend Section 2-7-1 to increase the membership by providing for the addition of two (2) non-voting youth advisors to the Smart City Board; and WHEREAS, the City Council has determined that Sections 2-1-1, 2-1-4(C), and 2-7-1 should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the City of Coppell, Texas, be and is hereby amending the Code of Ordinance by amending Chapter 2, ‘Boards and Commissions’, Article 2-1 ‘Library Board’ by repealing Sections 2-1-1 and 2-1-4(C) in its entirety and replacing it with new Sections 2-1-1 and 2-1-4(C) which shall read as follows: “CHAPTER 2 – BOARDS AND COMMISSIONS ARTICLE 2-1. LIBRARY BOARD Sec. 2-1-1. Creation. TM133808 There is hereby created and established for the city the library board composed of seven (7) members and two (2) alternate members to be appointed by city council, plus two (2) youth non-voting advisors to be appointed by the members of the library board. . . . . . Sec. 2-1-4. Meetings. A. . . . . . . . . . . C. All meetings require a quorum of five voting members. A voting member is defined as a regular member who has been appointed by council or by an alternate member who is standing in to constitute a quorum.” SECTION 2. That the City of Coppell, Texas, be and is hereby amending the code of ordinance by amending Chapter 2, ‘Boards and Commissions’, Article 2-7 ‘Smart City Board’ by repealing Section 2-7-1 in its entirety and replacing it with new Section 2-7-1 which shall read as follows: “CHAPTER 2 – BOARDS AND COMMISSIONS ARTICLE 2-1. LIBRARY BOARD . . . . . ARTICLE 2-7. - SMART CITY BOARD Sec. 2-7-1. Creation. There is hereby created and established for the city the smart city board composed of seven (7) members and two (2) alternate members to be appointed by city council, plus two (2) youth advisors to be appointed by the members of the smart city board. The youth advisors shall not be voting members of the board.” 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. TM133808 SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That this ordinance shall take effect during the next annual appointment process for 2024 and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ___ day of ____________, 2023 APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6876 File ID: Type: Status: 2023-6876 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 05/01/2023File Created: Final Action: Event Services ContractFile Name: Title: Consider approval of an award of a bid to B-Weiss Entertainment Group for Special Event Production Services in the amount not to exceed $250,000, as budgeted; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6876 Title Consider approval of an award of a bid to B-Weiss Entertainment Group for Special Event Production Services in the amount not to exceed $250,000, as budgeted; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this contract is not to exceed $250,000.00, as budgeted. Staff Recommendation: The Community Experiences Department recommends approval. Page 1City of Coppell, Texas Printed on 5/5/2023 Master Continued (2023-6876) Strategic Pillar Icon: Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 5/5/2023 MEMORANDUM To: Mayor and City Council From: Tiffany Anderson, Community Engagement Manager Jessica Carpenter, Director of Community Experiences Date: May 9, 2023 Reference: Consider approval of an award of a bid to B-Weiss Entertainment Group for Special Event Production Services in the amount not to exceed $250,000, as budgeted; and authorizing the City Manager to sign any necessary documents. 2040: Enhance the Unique “Community Oasis” Experience Introduction: The purpose of this agenda item is to award a bid to B-Weiss Entertainment Group for Special Event Production Services in the amount not to exceed $250,000. Background: To consistently provide first-rate community special events that citizens of Coppell enjoy, the Coppell Community Experiences department would like to continue utilizing procurement and production services provided by a special event production company. Beginning in 2018, the department engaged in this type of service agreement to execute the annual Celebrate Coppell: Party in the Park event. These services are purchased by the City in order to present community events, utilizing a contractor streamlines the process, as they are responsible for bidding, procuring and paying for various elements, which are then billed to the City under one agreement and one purchase order. The contract allows the department to secure the best possible prices through negotiated pricing terms with vendors, as well as utilize experience and relationships that the production firm possesses. Previous services provided have included: talent buying, stage, sound and lighting procurement, equipment rental including tents, tables and chairs, linens and golf carts, as well as other specialty décor, signage, portable restrooms and trash disposal services. In March of 2023, the special events production services contract was bid out as a Request for Proposal (RFP) and sent for open bid using BidSync. One bid was received by the City for review and is listed below: • B-Weiss Entertainment Group $250,000.00 The department has worked with this contractor to assist in production of events including Celebrate Coppell and Kaleidoscope since 2018. Overall, the City has been very satisfied with the service, quality of work and professionalism they have provided. Benefit to the Community: Special events are integral to the experience residents enjoy as part of living in Coppell. This contract will assist staff in providing the best events to the community, in an efficient and cost- effective manner. Legal Review:   The bid has been reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this contract is not to exceed $250,000.00, as budgeted. Recommendation: The Community Experiences Department recommends approval of this item. PAGE 1 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES STATE OF TEXAS § § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DALLAS § This Agreement for Professional Services (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and B-Weiss Entertainment Group, LLC, a Texas limited liability company (“Professional”) (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render event production services for special events to the City, as more fully described in the Scope of Services attached hereto as Exhibit “A” and made a part herein by reference, and in accordance with the terms and conditions set forth in this Agreement; and NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.1 The term of this Agreement shall commence on the last date of execution hereof and continue for a period of one year (the “Initial Term”), unless terminated earlier in accordance with the provisions of this Agreement. Thereafter, City may renew the term of this Agreement for three (4) successive terms of one (1) year each, (each a “Renewal Term”) unless either Party provides written notice to the other Party to terminate not later than thirty (30) days prior to the last day of the Initial Term or the then current Term (the Initial Term and Renewal Term collectively referred to herein as “Term”). 1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. In the event of such termination, Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination. Article II Contract Documents 2.1 This Agreement consists of the following items: A. This Agreement; and PAGE 2 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES B. Professional’s Scope of Services for services provided to the City (attached as Exhibit “A”) (the “Scope of Services”) C. Professional’s Fee Schedule for services provided to the City (attached as Exhibit “B”) (the “Fee Schedule”) Article III Scope of Services 2.1 Professional shall provide the services specifically set out in Scope of Services (i) with the skill and care ordinarily provided by similar professionals practicing in the same or similar locality and under the same circumstances and applicable licenses or certifications; and (ii) as expeditiously as is prudent considering the ordinary skill and care of similarly competent professionals. 2.2 The City shall, prior to commencement of services, provide the Professional with the information set forth in the Scope of Services, if any. 2.3 Licenses. Professional represents to City that Professional possesses any and all licenses which may be required by the State of Texas or any other governmental entity having jurisdiction as may be necessary for the performance of Professional's services pursuant to this Agreement. 2.4 Information/Confidentiality. City will furnish to Professional such information with respect to the Project as Professional may reasonably request in order to render Professional's services effectively. Professional will hold in strict confidence all information with respect to the Project which is furnished to Professional by City in confidence, and which is not otherwise publicly available and/or not required, as a matter of law or proper business practice, to be disclosed to a third party in connection with the services for the Project. 2.5 Conflict of Interest. Professional agrees to notify City and seek City's approval prior to Professional's retention by any other individuals or entities, which either directly or indirectly may create a conflict of interest in Professional's services under this Agreement. City may deny any such approval for Professional's retention set forth above, in the event City, in City's sole and absolute discretion, should conclude that such retention would have an adverse effect on Professional's services under this Agreement. Article IV Schedule of Work Professional agrees to commence services upon written direction from City and to complete the required services in accordance with a work schedule established by City (the “Work Schedule”) in accordance with the Scope of Services. PAGE 3 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES Article V Compensation and Method of Payment 5.1 City shall compensate Professional as set forth in Exhibit “A.” Professional shall invoice City on a monthly basis for the services performed, if any. Payments shall be made to Professional within thirty (30) days of receiving Professional’s invoice, provided there are no errors or discrepancies and that all work noted on the invoice has been completed. Professional shall not proceed with any task until receiving a work order from City. Issuance of work orders under this Agreement shall be at the sole discretion of City. 5.2 Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet, and email charges. Article VI Suspension of Work The City shall have the right to immediately suspend work by Professional if the City determines in its sole discretion that Professional has, or will fail to perform, in accordance with this Agreement. In such event, any payments due Professional shall be suspended until Professional has taken satisfactory corrective action. Article VII Devotion of Time; Personnel; and Equipment 7.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should City require additional services not included under this Agreement, Professional shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement. 7.2 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 7.3 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VIII Relationship of Parties PAGE 4 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES It is understood and agreed by and between the Parties that in satisfying the conditions of this Agreement, Professional is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Professional shall supervise the performance of her services and shall be entitled to control the manner and means by which her services are to be performed, subject to the terms of this Agreement. As such, the City shall not: train Professional, require Professional to devote her full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs her work. Article IX Availability of Funds If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, this Agreement shall be canceled and Professional may only be compensated for the reasonable value of any non-recurring costs incurred but not amortized in the price of services delivered under this Agreement or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations for such purposes. Article X Insurance (a) Professional shall during the term hereof maintain in full force and effect the following insurance: (1) a policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000 per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker’s Compensation Insurance covering all of Professional’s employees involved in the provision of services under this Agreement. (b) All insurance and certificate(s) of insurance shall contain the following provisions: (1) name City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. (c) All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least “B” by AM Best or other equivalent rating service, or approved by the City Risk Manager. (d) A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. PAGE 5 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES Article XI Indemnification 11.1 CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "THE CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, PROFESSIONAL, ON NOTICE FROM THE CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO THE CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11.2 ADDITIONALLY, PROFESSIONAL SHALL HOLD HARMLESS, DEFEND AND INDEMNIFY THE CITY OF LUCAS, ITS ELECTED OFFICIALS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FROM ANY LOSS OF ANY KIND BASED ON A CLAIM THAT THE WORK PERFORMED, OR PRODUCTS PROVIDED HEREUNDER, INCLUDING MATERIAL(S) OR ANY PART THEREOF, CONSTITUTES INFRINGEMENT OF ANY PATENT, TRADEMARK, TRADE-NAME, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF THE MANUFACTURE, SALE OR USE OF SUCH WORK, PRODUCTS OR MATERIALS. SUCH INDEMNIFICATION SHALL INCLUDE ALL DAMAGES AND COSTS INCURRED BY CITY AS THE RESULT OF THE CLAIM, INCLUDING ATTORNEY PAGE 6 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES FEES AND EXPERT WITNESS FEES. PROFESSIONAL FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, ITS ELECTED OFFICIALS, MANAGERS, EMPLOYEES, AGENTS AND ASSIGNS, FROM AND AGAINST ANY DEMAND FOR PAYMENT FOR THE USE OF ANY PATENTED MATERIAL, PROCESS, DEVICE, ARTICLE, TRADEMARK, TRADE- NAME, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT THAT MAY RESULT FROM THE WORK OR MATERIALS COVERED BY THIS AGREEMENT. PROVIDED, THE FOREGOING INDEMNITY SHALL NOT APPLY IF THE CLAIM RESULTS FROM DELIVERABLES THAT AS FURNISHED BY PROFESSIONAL TO CITY DO NOT INFRINGE UPON ANY U.S. LETTERS PATENT OR COPYRIGHT AND (1) CITY'S ALTERATION OF A DELIVERABLE, SUCH THAT SAID DELIVERABLE IN ITS ALTERED FORM INFRINGES UPON ANY PRESENTLY EXISTING U.S. LETTERS PATENT OR COPYRIGHT; OR (2) THE USE OF A DELIVERABLE IN COMBINATION WITH OTHER MATERIAL NOT PROVIDED BY PROFESSIONAL WHEN SUCH USE IN COMBINATION INFRINGES UPON AN EXISTING U.S. LETTER PATENT OR COPYRIGHT; OR (3) THE USE OF A DELIVERABLE IN A MANNER MATERIALLY INCONSISTENT WITH THE SPECIFICATIONS PROVIDED BY PROFESSIONAL. Article XII Miscellaneous 12.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 12.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 12.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Professional to which City has consented, the assignee shall agree in writing with City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 12.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 12.5 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said Court. 12.6 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. PAGE 7 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES 12.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 12.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 12.9 Recitals. The recitals to this Agreement are incorporated herein. 12.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City, to: City of Coppell, Texas Attn: City Manager 255 Parkway Blvd. Coppell, Texas 75019 With a copy to: Robert E. Hager Nichols | Jackson, L.L.P. 500 North Akard Street 1800 Ross Tower Dallas, Texas 75201 If intended for Professional: B-Weiss Entertainment Group, LLC Attn: 12.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 12.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 12.13 Audits and Records. Professional agrees that during the term hereof, City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Professional’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by City or date of termination if sooner. PAGE 8 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES 12.14 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. 12.15 Compliance with Federal, State & Local Laws. Professional shall comply in performance of services under the terms of this Agreement with all applicable laws, ordinances and regulations, judicial decrees or administrative orders, ordinances, and codes of federal, state and local governments, including all applicable federal clauses. 12.16 Force Majeure. No Party will be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, acts of terrorism or any similar cause beyond the reasonable control of such party, provided that the non-performing party is without fault in causing such default or delay. The non-performing Party agrees to use commercially reasonable efforts to recommence performance as soon as possible. 12.17 Boycott Israel; Boycott Energy Companies; and Prohibition of Discrimination against Firearm Entities and Firearm Trade Associations. (a) Professional verifies that it does not Boycott Israel and agrees that during the term of the Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended. (b) Professional verifies that it does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended. (c) Professional verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in Texas Government Code Section 2274.001, as amended; and (ii) will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. (d) This section does not apply if Professional is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) Professional has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement. (signature page to follow) PAGE 9 CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES EXECUTED this _______ day of _____________________, 2023. CITY OF COPPELL, TEXAS By: ____________________________________ Mike Land, City Manager Approved as to form: By: ___________________________________ Robert E. Hager, City Attorney (krs:5-4-23:134889) EXECUTED this _______ day of _____________________, 2023. B-WEISS ENTERTAINMENT GROUP, LLC, a Texas limited liability company By: ____________________________________ Name: ____________________________________ Title: ____________________________________ PAGE 1 EXHIBIT “A” TO: CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES EXHIBIT “A” SCOPE OF SERVICES Events include Andrew Brown Park East, Celebrate Coppell - Party in the Park, and the Holiday Tree Lighting. Celebrate Coppell: Party in the Park The Saturday Prior to July 4 Celebrate Coppell is an Independence Day celebration featuring a 18-minute ground-launched fireworks show, live musical entertainment, family activities, and food and drink at Andrew Brown Park East. The event producer’s services will include but are not limited to in-park event logistics including stage, sound and lights, equipment rental, entertainment production and artist management, coordination of family friendly activities, and patriotic décor. Activities and entertainment change yearly. Holiday tree lighting The First Saturday in December Coppell’s Holiday Parade and Tree lighting has been an annual event for over 15 years. The event producer will assist with the tree lighting portion of the event, which includes the lighting of a 65-foot tree and holiday decorations, followed by holiday-themed entertainment and activities for families, pictures with Santa, and food and drink at Andrew Brown Park East. City of Coppell staff is responsible for all parade logistics and management. Activities and entertainment change yearly. I. Event Management Requirements a. Participate in regular meetings as mutually determined, and communicate frequently with the City’s special events team, to make decisions regarding event talent, and other production aspects and services. The City must approve all entertainment and vendor services prior to any contractual agreements and reserves the right to accept or reject said services as deemed in the best interest of the City. b. Work with City staff to finalize a budget for resource allocation and production of the events; and can stay within that budget. Adjustments can be made only with prior approval of authorized City staff. c. Provide appropriate staffing for duration of the project, from planning stages today of the event. Responsiveness and quality customer service are a top priority. PAGE 2 EXHIBIT “A” TO: CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES II. Talent Buying and Related Artist Services: a. Suggest major headliner and opening acts for Celebrate Coppell: Party in the Park event, based upon talent availability, pricing, and fit for the planned event. Suggest entertainment and activities for Holiday Tree Lighting. b. Select and secure appropriate talent and activities based on designated budget and approval from City. Provide signed contract to the City once contract has been negotiated. c. Secure appropriate permission for use of music clips, logos and promotional photos of selected acts; and provide the actual materials to City in a timely manner for marketing of the event. d. Make necessary arrangements to meet contractual requirements of artists and vendors from greenroom and technical needs to financial reconciliation. III. Technical Production Services Perform all tasks, coordinate all logistical details, and arrange services necessary for the technical production of the City’s events Celebrate Coppell and Holiday Tree Lighting, including but not limited to: a. The securing of required services including staging and backstage needs, stage security, lighting, sound systems, electric service (generators) and hookups, and other desired audio/visual needs. Staging needs tentatively include 1) a main stage of 32’x 24’, with a rooftop and a loading dock/front of house riser off the side of the stage; and a video screen with video production rack and a 2) side stage of 20’ x 24’ with a rooftop. b. Secure additional vendors as needed for items such as tents, event transportation, concessions, and décor. c. Setup, breakdown, and cleanup arrangements, including but not limited to site preparation; stage, lighting, and sound system; and backstage needs. The City shall coordinate the provision of City services such as police (traffic) and paramedic services, and other equipment and resources providing availability. d. Provide day of event production management services, including operational plan for staffing, stage and site security, and entertainment show flow. PAGE 3 EXHIBIT “A” TO: CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES IV. Other Services Please address other event-related services that your organization could supply, and include details regarding level of service and involvement. These items may be awarded separately from above items. Examples include, but are not limited to: festival management and reconciliation; beverage and bar operations (with TABC certified staff); catering, food tents and/or booth coordination and setup; trash pickup/porter services; securing and placement of portable restroom facilities, signage, temporary fencing and barricades; and other day-of-event services such as parking and vendor coordination in regards to rides, games, and other City- booked vendors, including load-in and load-out instructions prior to the event and communication day of event. PAGE 1 EXHIBIT “B” TO: CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES EXHIBIT “B” PROFESSIONAL’S FEE SCHEDULE PAGE 2 EXHIBIT “A” TO: CITY OF COPPELL AND B-WEISS ENTERTAINMENT GROUP, LLC AGREEMENT FOR PROFESSIONAL PLANNING SERVICES Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6880 File ID: Type: Status: 2023-6880 Agenda Item Consent Agenda 1Version: Reference: In Control: Administration 05/01/2023File Created: Final Action: TNMP DenialFile Name: Title: Consider approval of a Resolution denying a proposed application filed on April 5, 2023, by Texas-New Mexico Power (TNMP) to amend its Distribution Cost Recovery Factor (“DCRF”) to increase distribution rates within the city; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Resolution.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6880 Title Consider approval of a Resolution denying a proposed application filed on April 5, 2023, by Texas-New Mexico Power (TNMP) to amend its Distribution Cost Recovery Factor (“DCRF”) to increase distribution rates within the city; and authorizing the Mayor to sign. Summary Fiscal Impact: There is no fiscal impact associated with this item. Staff Recommendation: Staff recommends approval of the resolution. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 5/5/2023 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6880 Page 1City of Coppell, Texas Printed on 5/5/2023 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Deputy City Manager Date: May 9, 2023 Reference: Consider approval of a Resolution denying a proposed application filed on April 5, 2023, by Texas-New Mexico Power (“TNMP”) to amend its Distribution Cost Recovery Factor (“DCRF”) to increase distribution rates within the city; and authorize the Mayor to sign. 2040: Sustainable City Government Introduction: The proposed resolution denies a proposed application filed by TNMP to amend its DCRF and authorize the City to join other cities in pursuing strategies to keep rates in the TNMP service area as low as possible. Background: On April 5, 2023, T NMP filed an Application for Approval to Amend its DCRF to increase distribution rates within each of the cities in their service area. In the filing, TNMP is seeking an increase in distribution revenues of $14,800,834. The proposed resolution authorizes the City to join with the Cities Served by TNMP (“TNMP Cities”) to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The City has 60 days to react to the filing, meaning action must be taken by June 2, 2023. Benefit to Community: The proposed resolution will allow the City to work with the TNMP Cities to take the best course of action to keep distribution rates charged by TNMP as low as reasonably possible. Legal Review: The City Attorney has reviewed this item. Fiscal Impact: There is no fiscal impact associated with this item. Recommendation: Staff recommends approval of the resolution. RESOLUTION NO. 2023-0509.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS FINDING THAT TEXAS-NEW MEXICO POWER COMPANY'S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH TNMP CITIES; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell, Texas ("City") is an electric utility customer of Texas-New Mexico Power Company ("TNMP" or "Company") with an interest in the rates and charges of TNMP; and WHEREAS, the Cities Served by Texas-New Mexico Power Company ("TNMP Cities") is a coalition of similarly situated cities served by TNMP that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in TNMP's service area in matters before the Public Utility Commission ("Commission") and the courts; and WHEREAS, on or about April 5 , 2023 , TNMP filed with the Commission an Application for Approval to Amend its Distribution Cost Recovery Factor ("DCRF"), Commission Docket No. 5 4807, seeking to increase distribution rates by $14,800,834 million annually; and WHEREAS, the City of Coppell will cooperate with TNMP Cities in coordinating their review of TNMP's DCRF filing with designated attorneys and consultants, prepare a common response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the Company's filing; and WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking proceeding if TNMP's Application is granted; and WHEREAS, working with the TNMP Cities to review the rates charged by TNMP allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, TNMP Cities' members and attorneys recommend that members who have retained original jurisdiction over electric utility rates deny TNMP's DCRF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City is authorized to participate with TNMP Cities in Commission Docket No. 54807; and, authorize the City Manager or designee to undertake appropriate administrative action necessary to comply with this Resolution. SECTION 2. That, subject to the right to terminate employment at any time, the City of Coppell hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal TNMP's DCRF application. SECTION 3. That the rates proposed by TNMP to be recovered through its DCRF charged to customers located within the City limits should and, are in all matters denied. SECTION 4. That the Company should continue to charge its existing rates to customers within the City. SECTION 5. That the City's reasonable rate case expenses shall be reimbursed in full by TNMP within 30 days of the adoption of this Resolution, and within 30 days of presenting monthly bills to TNMP thereafter. SECTION 6. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 7. That a copy of this Resolution shall be sent to Scott Seamster, Associate General Counsel, Texas-New Mexico Power Company, 577 N. Garden Ridge Blvd., Lewisville, Texas 75067, and to Thomas Brocato, General Counsel to TNMP Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.corn. SECTION 8. This Resolution shall be effective from and after its passage as provided by law. PASSED, APPROVED AND ADOPTED on this ___________ day of ____________, 2023. Wes Mays, Mayor ATTEST: __________________________________ Ashley Owens, City Secretary APPROVED AS TO FORM: ___________________________________ Robert E. Hager, City Attorney Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6881 File ID: Type: Status: 2023-6881 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 05/02/2023File Created: Final Action: Arts Center GeneratorFile Name: Title: Consider approval of awarding a contract to Loftin Equipment Company for the purchase of a replacement generator for the Coppell Arts Center; utilizing BuyBoard Quote BB-269253689; in the amount of $185,210.00; as budgeted in the Infrastructure Maintenance Fund (IMF); and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6881 Title Consider approval of awarding a contract to Loftin Equipment Company for the purchase of a replacement generator for the Coppell Arts Center; utilizing BuyBoard Quote BB-269253689; in the amount of $185,210.00; as budgeted in the Infrastructure Maintenance Fund (IMF); and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this purchase is $185,210.00, as budgeted in IMF. Staff Recommendation: The Public Works department recommends approval. Page 1City of Coppell, Texas Printed on 5/5/2023 Master Continued (2023-6881) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 5/5/2023 1 MEMORANDUM To: Mayor and City Council From: Steve Shore, Facility Manager Michael Garza, Director of Public Works Date: May 9, 2023 Reference: Consider approval of awarding a contract to Loftin Equipment Company for the purchase of a replacement generator for the Coppell Arts Center; utilizing BuyBoard Quote BB-269253689; in the amount of $185,210.00; as budgeted in the Infrastructure Maintenance Fund (IMF); and authorizing the City Manager to sign any necessary documents. 2040: Enhance the Unique 'Community Oasis' Experience Introduction: This agenda item is being presented to consider awarding a contract to Loftin Equipment Company for the purchase of a replacement generator for the Coppell Arts Center; utilizing BuyBoard Quote BB-269253689; in the amount of $185,210.00; as budgeted in the IMF; and authorizing the City Manager to sign all necessary documents. Background: The generator currently installed at the Coppell Arts Center is sized only to power the life safety systems (fire alarm, security, and emergency lighting). If there is a power failure during a performance, the Arts Center would need to close, resulting in a loss of revenue to the City of Coppell in both performance fees and ticket sales. In addition, the closure of a show would damage the reputation of the Coppell Arts Center with the community. Installation of this replacement generator will allow operation of all systems during a power failure. The existing backup generator will be relocated to the Cozby Library and Community Commons. Benefit to the Community: The generator installation will allow the entirety of the Coppell Arts Center to operate during a power failure. In the event of a power failure, performances and events would be able to continue as normal. In addition, the Coppell Arts Center could now be considered for use during community emergencies as a warming center or temporary shelter. 2 Legal Review: The Procurement Division has determined that this is an appropriate method of contracting with the vendor. Fiscal Impact: The fiscal impact of this purchase is $185,210.00, as budgeted in IMF. Recommendation: The Public Works Department recommends approval of this item. https://loftinequipment-my.sharepoint.com/personal/bbussey_loftinequip_com/Documents/Desktop/RFQ/Brandy/Coppell Arts Center/Revised Proposal - Coppell Arts Center 10.28.22.docx Date: 10/28/2022 Page 1 of 4 Proposal City of Coppell Project: Coppell Arts Center Attn: Steve Shore Date: May 04, 2023 Proposal: BB-269253689 Thank you for your request. We are pleased to provide the following proposal: MODEL DESCRIPTION QTY PRICE 600REOZVB KOHLER OUTDOOR DIESEL GENERATOR SET RATED 600 KW 1 UL 2200 listed generator set Standby Rated, 277/480v, 3 phase, 4 wire, 60 hz Electronic Isochronous Governor 50°c/122°f unit mounted radiator Controller, APM402 Microprocessor based with ±0.5% VR •Remote Annunciator •Emergency Stop •Run Relay •2 Input/Output Module •Integral thermal overload protection 1000 amp main line circuit breaker, 100% rated, LSI, Sound-attenuated enclosure with internal silencer 24 hour / 1038 gallon UL142 listed subbase diesel tank with Dallas code package Engine jacket water heater - 208VAC Starting batteries , cables, and 10 amp float-equalize charger with alarms Standard factory tests at 0.8pf as detailed below Field startup and on-site load bank test with full resistive load One Year system warranty KCS-AMTC-1600S 1600 AMP AUTOMATIC TRANSFER SWITCH 1 3 pole, solid neutral, 480Vac, 3 phase, NEMA 3R enclosure In-phase monitor, ±0.5% voltage and frequency sensing Programmable inputs, outputs, exerciser, and time delays TOTAL PRICE $185,210.00 All pricing is FOB factory, freight prepaid and allowed to jobsite. Offloading and installation by others. Price does not include any federal, state, or local sales, use, property, TERP, or excise taxes that may be applicable. THIS PROPOSAL IS VALID FOR FIFTEEN (15) DAYS. Due to market volatility, orders placed or released beyond fifteen days from proposal date may require a revised proposal prior to order acceptance by Loftin Equipment Company. Proposed by: Brandy Bussey 817-689-7234 bbussey@loftinequip.com Loftin Equipment Company Buy Board Vendor # 657-21 https://loftinequipment-my.sharepoint.com/personal/bbussey_loftinequip_com/Documents/Desktop/RFQ/Brandy/Coppell Arts Center/Revised Proposal - Coppell Arts Center 10.28.22.docx Date: 10/28/2022 Page 2 of 4 CURRENT ESTIMATED LEAD TIMES SUBMITTALS Submittal data and drawings will be available within fourteen (14) days from receipt of purchase order. GENERATOR SET 58 - 60 weeks after approved submittals and written release for production. TRANSFER SWITCH 63 - 65 weeks after approved submittals and written release for production IMPORTANT LEAD TIME AND PRICING NOTES: Lead time estimates provided above are the best estimate available at the time of proposal and should be verified prior to order release. Current component shortages are resulting in constantly shifting production schedules. Please be aware that we cannot guarantee ship dates. The quoted price for this equipment has been calculated based on the current prices for the component materials. However, the market for generators, fuel tanks, enclosures, transfer switches, and related components is currently considered to be volatile, and sudden price increases could occur. Loftin Equipment agrees to use its best efforts to obtain the lowest possible prices from available component suppliers, but should there be an increase in the prices of these specified materials that are after the date of this proposal and prior to release for order, the Customer agrees to pay that cost increase to Loftin Equipment. Alternatively, the customer may choose to cancel the order at that time, and there will be no penalty for cancellation. Once order has been released for production, normal cancellation policies (as stated elsewhere in this proposal) will apply. CLARIFICATIONS / EQUIPMENT NOTES 1. This proposal is based on your request and/or information you provided to us and is intended to provide a functional system. If changes are required to our bill of material, we will be happy to revise our proposal. 2. Manufacturer’s warranty period begins at time the equipment is initially started up by our service department. 3. ATS fault current ratings are shown below and should be reviewed by the contractor for compliance with project requirements. 4. Lugs for generator breakers and automatic transfer switches will be provided per submittal information furnished, and compliant with UL2200 and UL1008 approvals. Please review prior to equipment release. If the project requires lug changes from the factory offering it will be done by others and at their expense and is not included in our proposal. 5. Nominal generator rating shown above. Standard derates for altitude and temperature may apply per Kohler publication TIB-101. For additional information, please contact your Kohler representative. 6. Unless otherwise noted, equipment proposed meets Emergency Stationary ICE definition (for EPA compliance): Limited to emergency operation (no time limit) and maintenance and readiness testing of not more than 100 hours/year. Owner/Operator is required to maintain records, and have them available for inspection. 7. Any fines, fees, or permits for the installation or operation of this equipment are the responsibility of the equipment owner and will not be paid for by Loftin Equipment. 8. Unless otherwise noted, the generator set uses integral isolation, and does not include steel spring isolators. 9. Protective relay calibration, settings, coordination study, 3rd party site testing, etc. are not part of this proposal unless specifically listed as included. 10. NETA acceptance testing, infrared scanning, harmonic content testing, insulation resistance testing, and/or ground fault testing is not included in our proposal and will need to be provided by others. Standard onsite testing at unity power factor will be provided 11. Kohler standard production tests consist of the following: • Warnings/Shutdowns test: Emergency stop Overcrank Locked rotor Overspeed (Not available on units with ECMs) If applicable: overvoltage, pre–low oil pressure (PLOP), low oil pressure (LOP), pre–high engine temperature (PHET), high engine temperature (HET), low coolant level (LCL), low water temperature (LWT) • Electrical readings @ 0, 1/4, 1/2, 3/4, and full load 3–phase current Frequency Power factor • Mechanical readings Oil pressure Ambient air temperature Coolant Temperature • 100% block load acceptance CUSTOMER RESPONSIBILITIES (ELECTRICAL CONTRACTOR) – NOT PROVIDED BY LOFTIN EQUIPMENT https://loftinequipment-my.sharepoint.com/personal/bbussey_loftinequip_com/Documents/Desktop/RFQ/Brandy/Coppell Arts Center/Revised Proposal - Coppell Arts Center 10.28.22.docx Date: 10/28/2022 Page 3 of 4 1. Storage, offloading and installation of the proposed equipment, as well as related crane fees, mechanical piping, plumbing, electrical conduit and electrical wiring is not included in this proposal. 2. Provide all required diesel fuel for initial fill and testing of equipment. Full tank is required for testing at startup. 3. Loftin Equipment will provide start up and commissioning of the above equipment. It is the electrical contractor responsibility to have the generator set installed, secured to the concrete pad, fueled, all electrical wiring and conduit installed and terminated and tested and utility power available prior to scheduling system start up. If items are found not to be completed after arrival to site, it is the responsibility of the electrical contractor to issue a new purchase order for the return trip need to complete start up and testing of the equipment. 4. Installation of the proposed equipment, as well as related mechanical piping (exhaust or fuel system), electrical conduit and electrical wiring. 5. Installation or assembly of exhaust silencer atop the generator set enclosure when the silencer is removed for delivery to the project site shall be the responsibility of the electrical contractor or installing contractor. 6. Installation of engine exhaust system and related piping or insulation for the engine exhaust system for the proposed equipment is not included in this proposal. All mechanical piping, insulation, fittings, and supports for installation to be provided by mechanical contractor. 7. Installation of engine radiator cooling discharge system and related mechanical material required to discharge the radiator air outside the generator room is not included in this proposal. All mechanical ductwork and supports needed for installation are to be provided by mechanical contractor. 8. Installation of fuel piping, connection of remote fill station, plumbing of main fuel tank to day tank, or fuel tank venting outside of building is to be provided by contractor. MISCELLANEOUS  Equipment, and/or labor, and/or various items proposed are in accordance with Loftin Equipment Company’s experienced interpretations of plans and specifications, within the limited time between request for bid and bid due date. Materials supplied under this proposal, which are commercially produced to typical industry standards, have been deemed in substantial compliance and therefore acceptable. Only the materials itemized on the above proposal will be supplied. Please verify all items, sizes and quantities listed on our proposal. Loftin Equipment Company is not responsible for omissions.  In the event that a proposal is not accepted in its entirety, we reserve the right to decline any part or all of the order.  Loftin Equipment Company’s prices do not include any federal, state, or local taxes, use tax, property tax, TERP tax, or excise taxes. If any such taxes are imposed, the seller will invoice them to the buyer as a separate item. In lieu of such taxes, the purchaser must provide with each order, a tax exemption certificate acceptable to the proper taxing authorities, unless such certificate is already on file with Loftin Equipment Company. Loftin Equipment reserves the rights to update any sales tax exemption certificate as deemed necessary pursuant to the taxing authorities.  It is the responsibility of the Contractor to notify Loftin Equipment at time of order of any specific time constraints involved in this project, and the specific impact of failure to meet that requirement. Lead times shown above are an estimate based on current production schedule and should be verified at time of order release. After an order has been placed with Kohler, an estimated ship date will be provided that is subject to change. Buyer will be notified if production schedule is altered and Loftin Equipment shall not be responsible for any ensuing liquidated damages, unless specifically agreed to in writing by an officer of Loftin Equipment Company.  All stenographic, typographic, or clerical errors are subject to correction.  THIS PROPOSAL IS VALID FOR FIFTEEN (15) DAYS. Due to market volatility, orders placed or released beyond fifteen (15) days from proposal date may require a revised proposal prior to order acceptance by Loftin Equipment Company. CANCELLATION OF ORDER  Upon acceptance by Loftin Equipment Company and written release of order by Customer, this order will be entered for production and will not thereafter be subject to cancellation or deferment of delivery without Loftin Equipment Company’s written consent. Any expense incurred by Loftin Equipment Company due to the cancellation of an order or the deferment of a delivery schedule will be billed to the purchaser and be immediately due and owing, together with any and all costs of cancellation, including attorney’s fees.  The following charges may be assessed for cancellation of any order: 1. 15% of total order price if cancelled after we have provided submittals and prior to releasing for manufacture. 2. 25% of total order price if cancelled after release to order. 3. 100% of total order price if the equipment is already on order with the factory and in the Kohler frozen schedule. 4. 100% of total order price if cancelled after the equipment has shipped from the manufacturing plant. Revised Proposal - Coppell Arts Center 10.28.22 Date: 10/28/2022 Page 4 of 4 Accepted By: PRINT NAME TITLE Date: PAYMENT TERMS: • All contracts will be reviewed for lien/bond rights prior to order of equipment. • Customers must have an open, approved account with net 30-day terms with Loftin Equipment. • Invoicing: a final invoice will be rendered at the time of shipment or offer to ship from the factory/plant. • Invoices are due net 30 days from date of invoice. • Other payment terms (i.e. discounts, pay when paid, pay if paid, etc.) can only established by an Officer of Loftin Equipment and MUST be approved BEFORE placing the order. ALTERNATE PAYMENT TERMS FOR THOSE CUSTOMERS/JOBS THAT DID NOT QUALIFY FOR NET 30 TERMS: It may be determined by Credit the customer and/or the job did not qualify for open, Net 30 day terms. Following are alternate payment options. • A down payment in the amount of 50% of the total purchase price to place the equipment on order. A Pro Forma invoice will be provided. Upon receipt of good funds (check, cashier’s check, or ACH) the equipment will be placed on order. • Additional 50% will be required when the equipment is ready to ship from the factory. A Pro Forma invoice will be provided and upon receipt of good funds (check, cashier’s check, or ACH), the equipment will be delivered to the designated job site. COLLECTION-LITIGATION COSTS: The customer agrees to pay all costs and collection expenses, including attorney fees, if collection of the amounts due require the assistance of a collection agency or attorney. Accrued interest on late payments: 1.50% per month. The Undersigned agrees and warrants they have read the foregoing and accept these Terms and Conditions: TRANSFER SWITCH WITHSTAND AND CLOSING RATINGS (RMS SYMMETRICAL AMPS) ARE AS FOLLOWS:  Withstand current ratings on the transfer switches are as stated below. If higher withstand current ratings are needed it is assumed that the electrical contractor will furnish and install fuses electrically in front of the switches to achieve the desired ratings. Fuses, if required, are not included in our proposal or scope.  800 amp – 1200 amp withstand and closing rating @ 480 VAC  22,000 amps when coordinated with any manufacturer’s circuit breakers (3 cycle)  65,000 amps when coordinated with specific circuit breakers  200,000 amps when coordinated with current limiting fuses – (Type L) Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6805 File ID: Type: Status: 2023-6805 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 03/10/2023File Created: Final Action: STR OrdinanceFile Name: Title: PUBLIC HEARING: Consider approval of amending definitions and text change to the Code of Ordinances, Chapter 12, Article 30 (S or Special Use Permits) defining and establishing Special Use Permit requirements for lodging houses (short term rentals (STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within the SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. Notes: Sponsors: Enactment Date: Memo.pdf, PZ Staff Report.pdf, Article 30. SUP Special Use Permit.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6805 Title PUBLIC HEARING: Consider approval of amending definitions and text change to the Code of Ordinances, Chapter 12, Article 30 (S or Special Use Permits) defining and establishing Special Use Permit requirements for lodging houses (short term rentals (STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within the SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 5/5/2023 Master Continued (2023-6805) This will generate additional HOT taxes for residences allowed to have lodging houses. Staff Recommendation: The Planning and Zoning Commission unanimously recommended APPROVAL of the proposed text amendments. Strategic Pillar Icon: Future Oriented Approach to Residential Development Page 2City of Coppell, Texas Printed on 5/5/2023 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: May 9, 2023 Reference: PUBLIC HEARING: Consider approval of amending definitions and text change to the Code of Ordinances, Chapter 12, Article 30 (S or Special Use Permits) defining and establishing Special Use Permit requirements for lodging houses (short term rentals (STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within the SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. 2040: Future-Oriented Approach to Residential Development/ Enhance the Unique Community Oasis Experience Introduction: The Special Use Permit section of Chapter 12, the Zoning Ordinance, addresses uses that are in general conformance with the master plan of the city and containing such requirements and safeguards are necessary to protect adjoining property. A special use permit (SUP) is an additional use that may be allowed on a case-by case basis and is in addition to the basic zoning classification of the property. SUP requests require an affirmative vote by City Council after a public hearing and proper notice, and after recommendations from the Planning and Zoning Commission. The proposed amendment is to establish Special Use Permit requirements for lodging houses (short term rentals (STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within the SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. Lodging Houses are a new addition to the SUP section of the Zoning Ordinance, and currently the STR requirements exist as its own ordinance outside of the Zoning Ordinance. Background: The first Short Term Rental Ordinance was passed by City Council on June 12, 2018. At the time the ordinance was approved, staff was still learning about short-term rentals and knew that the Ordinance would need to be reviewed at the end of 2019 to see if changes were needed. Several revisions have been made to the ordinance since that time, the latest being in December of 2022. STRs and regulations surrounding STRs have evolved and adding them to the SUP process is one more step in that evolution. The ordinance has been designed to provide a balance between meeting the desires of owner occupants to share their homes on an intermittent basis and providing protection for the neighboring properties. The proposed changes are a continuation of that balance. They aim to provide a clear understanding of definitions, processes, and enforcement. Providing this clarity increases the objectivity of all parties involved. The SUP process allows for more public involvement, it requires notification of property owners within 200-ft of the property in question, a courtesy notice for property owners within 800-ft of the property in question and a public hearing at the Planning and Zoning Commission Meeting and at the City Council Meeting. 2 On March 16, 2023, the Planning and Zoning Commission unanimously recommended APPROVAL of the text amendments to the Code of Ordinances, Chapter 12, “Zoning”, Article 12-30 “S or SUP, Special Use Permits” as outlined in the redlined draft attached. Benefit to the Community: The SUP process allows for more public involvement. It requires notification of property owners within 200-ft of the property in question, a courtesy notice for property owners within 800-ft of the property in question and a public hearing at the Planning and Zoning Commission Meeting and at the City Council Meeting. Legal Review: The City Attorney has reviewed the proposed ordinance changes. Fiscal Impact: This will generate additional Hotel Occupancy taxes (HOT) for residences allowed to have lodging houses. Recommendation: The Planning and Zoning Commission unanimously recommended APPROVAL of the proposed text amendments. Attachments: 1. PZ Staff Report 2. Ordinance Changes (redlined) ITEM # 9 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Text Amendments to the Code of Ordinances Chapter 12, “Zoning”, Article 12-30 “S or SUP, Special Use Permits” P&Z HEARING DATE: March 16, 2023 C.C. PUBLIC HEARING DATE April 11, 2023 STAFF REP.: Mary Paron-Boswell, AICP, Sr. Planner PURPOSE: To consider text change and definition amendments to the Code of Ordinances, Chapter 12, Article 30 (S or SUP, Special Use Permits) defining and establishing Special Use Permit requirements for lodging houses (short term rentals (STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within the SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. HISTORY: The Special Use Permit section of the ordinance addresses uses that are in general conformance with the master plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property. A special use permit is an additional use that may be allowed on a case-by case basis and is in addition to the basic zoning classification of the property. These requests require an affirmative vote by City Council after a public hearing and proper notice, and after recommendations from the Planning and Zoning Commission. The proposed amendment is to establish Special Use Permit requirements for lodging houses (short term rentals (STRs), bed and breakfasts, boarding homes, hostels, vacation homes, and corporate housing) within the SF-7, SF-9, SF-12, SF-18, SF-ED and H Districts. Lodging Houses (STR’s) are a new addition to the SUP section of the Zoning Ordinance, currently it exists as its own ordinance outside of the Zoning Ordinance. The first Short Term Rental Ordinance was passed by City Council on June 12, 2018. At the time the Ordinance was approved, staff was still learning about short- term rentals and knew that the Ordinance would need to be reviewed at the end of 2019 to see if changes were needed. On December 20, 2019, the City Council did approve the extension of the Short- Term Rental Ordinance and kept a sunset review for continuous review and improvements to the Ordinance. The sunset review was set for January 31, 2021. On January 26, 2021, City Council once again approved an extension of the Short- Term Rental Ordinance with minor modifications to the Ordinance and set the sunset review period for January 31, 2022. ITEM # 9 Page 2 of 3 On January 11, 2022, City Council extended the expiration date of the Short-Term Rental Ordinance from January 31, 2022, to June 30, 2022. This extension provided staff with the time necessary to review best practices from short-term rental ordinances throughout the state and to prepare a draft ordinance with proposed changes for City Council review. On April 12, 2022, City Council approved the new ordinance and removed the sunset date. However, since that date, a key piece of the city's existing regulations has been challenged in a different municipality, making it necessary for the City of Coppell to update our short-term rental ordinance. On December 13, 2022, City Council approved an ordinance that provides homeowners with two options to use their homes as short-term rental properties: 1- The applicant must provide city staff verification that the Short-Term rental property is their primary residence. 2 - The applicant must hire an on-site property manager who has to be at the property at the time of the rental. The ordinance changes also included a new definition for short-term rental that includes pools, garages, and outdoor accessory structures. DISCUSSION: As mentioned in the History section of this report, STR’s are a new addition to the SUP section of the Zoning Ordinance, currently it exists as its own ordinance outside of the Zoning Ordinance. Staff is proposing to add STR’s to the Zoning Ordinance and in the process update and amend the Special Use Permits (SUP’s) list. The proposed amendments to the Special Use Permits (SUP’s) involve updating the uses allowed in certain residential districts, in particular by adding the use of a Lodging House. A Lodging House is defined as “the rental of any single- family residence or its residential structure, or a portion of a single-family residence or residential structure including but not limited to pools, garages, and outdoor accessory structures for a period of less than 30 days”. This term includes but is not limited to: 1. A bed and breakfast; 2. A boarding home or hostel; 3. A vacation home; 4. A short-term rental (STR); or 5. Corporate housing. The term does not include: 1. A unit that is used for a non-residential purpose, including an educational, retail, restaurant, banquet space, or event center purpose or other commercial purposes and other similar use; 2. A hotel/residence hotel; 3. A place for residence or use as a licensed health care or assisted living facility licensed by the State; 4. A parsonage on the premise of a church, mosque or synagogue; or 5. A commercial storage facility. ITEM # 9 Page 3 of 3 The uses are limited to the following zoning districts with an SUP: · Single-Family Estate District (SF-ED); · Single-Family-18 Residential (SF-18); · Single-Family-12 Residential (SF-12); · Single-Family-9 Residential (SF-9); and · Single-Family-7 Residential (SF-7). · Historic (H) – when part of a PD for single-family residential development or mixed-use development and shall not include live/work units. These residential districts were chosen because they are single-family detached units and not attached. This provides the neighbors some separation from the proposed uses and transient nature of the lodging house uses. The mixed-use developments provide a separation of uses from the ground floor to the upper floor(s). STR’s and regulations surrounding STR’s have evolved and adding them to the SUP process allows is one more step in that evolution. The ordinance has been designed to provide a balance between meeting the desires of owner occupants to share their homes on an intermittent basis and providing protection for the neighboring properties. The proposed changes are a continuation of that balance. They aim to provide a clear understanding of definitions, processes, and enforcement. Providing this clarity increases the objectivity of all parties involved. The SUP process allows for more public involvement, it requires notification of property owners within 200-ft of the property in question, a courtesy notice for property owners within 800-ft of the property in question and a public hearing at the Planning and Zoning Commission Meeting and at the City Council Meeting. The redlined ordinance changes are attached for your review. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of the Special Use Permit ordinance text amendments. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Ordinance Changes (redlined) - CODE Chapter 12 - ZONING ARTICLE 30. S OR SUP, SPECIAL USE PERMITS Coppell, Texas, Code of Ordinances Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 1 of 17 ARTICLE 30. S OR SUP, SPECIAL USE PERMITS Sec. 12-30-1. Special uses. The city council by an affirmative vote may after public hearing and proper notice to all parties affected, and after recommendations from the planning and zoning commission that the use is in general conformance with the master plan of the city and containing such requirements and safe guards as are necessary to protect adjoining property, grant a special use permit zoning classification as an additional use in addition to the sue allowed under the basic zoning classification of the property. The application shall be accompanied by a site plan (see article 27) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets, the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet. The planning commission or city council may require information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed. (Ord. No. 91500) Sec. 12-30-2. Special use permit regulations. 1. In recommending that a special use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space landscaping, heights of structures, and compatibility of buildings; and such other reasonable regulations concerning the operation of such uses.. 2. Every special use permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration, but shall not be considered as a permanent change in zoning subject to the amendment or revocation as deemed appropriate. In the event the building, premises, or land uses under the special use permit is voluntarily vacated or if the ownership is voluntarily transferred, or if such buildings, premise, or land is more than 50 percent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate special use permit is granted for continuation of the use. 3. In granting a special use permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such special use permit; and such conditions precedent to the granting of the certificate of occupancy. 4. At the time of application, a site plan and architectural rendering will be required unless waived by the director of planning. 5. A building permit shall be applied for and secured within six months from the time of granting the special use permit provided; however, the city council may authorize an extension of this time upon recommendation by the planning and zoning commission. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 2 of 17 6. No building, premise, or land used under a special use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate special use permit is granted for such enlargement, modification, structural alteration, or change. (Ord. No. 91500) Sec. 12-30-3. Use regulations. A building or premise used for any of the following purposes shall be permitted by special use permit only. Sec. 12-30-4. "A" agricultural district. 1. Sand or gravel extraction or storage and other mining activities, except oil and gas extraction or drilling. 2. Country clubs or golf courses and related uses such as driving ranges. 3. University, college or parochial school and related facilities. 4. Sewage treatment plant. (Private operated.) 5. Broadcasting facilities including towers. 6. Camp grounds. 7. Carnival. (By resolution of city council for specific time period.) 8. Construction office. (By authority of the building official for specific time periods. 9. Cemetery. 10. Charitable organizations other than churches. 11. Temporary batching plant for any period in excess of 180 days. 12. Day nursery or camp. 13. Dirt storage or sales. 14. Electric substation, transmission line or other public utilities. 15. Florist, retail. 16. Garden or farm equipment sales. 17. Gun club or shooting range. 18. Heliport or helistop. 19. Hospital. 20. Ice manufacturer. 21. Kennel inside or outside. 22. Parking lot. 23. Rodeo arena. 24. Stadium public or private. 25. Public zoo. 26. Airport public or private. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 3 of 17 27. Amateur radio operation or other receiving device for vocal or visual communications. 28. Outdoor commercial amusement. (Ord. No. 91500; Ord. No. 500-A-91; Ord. No. 91500-A-421, § 1, 10-11-05; Ord. No. 91500-A-451, § 1, 2-13-07) Sec. 12-30-5. "SF-ED" single family estate district. 1. Airport. (private) 2. Cemetery. 3. Charitable organizations. 4. Lodges and similar public organizations. 5. Lodging houses. 56.. University, college or parochial school and related facilities. (public or private) 67. Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 78. Day nursery or day care. 89. Public utilities such as electric substation and transmission line. 910. Hospital and related uses. 1011. Post Office. 1112. Riding academy or other equestrian related facilities. 1213. Sewage treatment plant. (private) 1314. Stadium. 1415. Stucco type construction. 1516. Temporary batching plant for any period in excess of 180 days. (Ord. No. 91500; Ord. No. 91500-A-123; Ord. No. 91500-A-421, § 1, 10-11-05) Sec. 12-30-6. Single family-18 (SF-18), sSingle- Ffamily-12 (SF-12), sSingle -fFamily-9 (SF-9), and sSingle-F family-7 (SF-7), two family-9 (2F-9), town house 1 (THE-1), town house 2 (THE-2), multi-family 1 (MF-1), multi-family 2 (MF-2) and manufactured home (MH). 1. Cemetery. 2. Charitable organizations. 3. Lodges and similar public organizations. 4. Lodging Houses. 45. University, college or parochial school and related facilities. (public or private) 65. Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 76. Day nursery or day care. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 4 of 17 87. Public utilities such as electric substation and transmission line. 98. Hospital and related uses. 109. Post Office. 1110. Sewage treatment plant. (private) 1211. Stadium. 1312. Stucco type construction. (Ord. No. 91500) Sec. 12-30-6a. Two-Family-9 (2F-9), Townhouse 1 (TH-1), Townhouse 2 (TH-2), Multi-Family 1 (MF-1), Multi-Family 2 (MF-2) and Manufactured Home (MH). 1. Cemetery. 2. Charitable organizations. 3. Lodges and similar public organizations. 4. University, college or parochial school and related facilities. (public or private) 5. Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 6. Day nursery or day care. 7. Public utilities such as electric substation and transmission line. 8. Hospital and related uses. 9. Post Office. 10. Sewage treatment plant. (private) 11. Stadium. 12. Stucco type construction. Sec. 12-30-7. "O" office. 1. Airport, (public or private). 2. Broadcasting facilities, radio, television or micro-wave tower. 3. Cemetery. 4. University, college or parochial school and related facilities. (public or private) 5. Electric substation, transmission line or other public use utilities. 6. Exhibition hall. 7. Carnival. (By resolution of city council for specific time period) 8. Fair grounds. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 5 of 17 9. Nursing home or home for the aged. 10. Instrument testing. 11. Janitor service. 12. Jeweler, retail. 13. Laboratory. 14. Movie theater. 15. Night club. 16. Photography studio. 17. Rodeo arena. 18. Service or gas station. 19. Stadium. 20. Television studio. 21. Zoo. (public) 22. Incidental retail and service uses. 23. Mortuary or funeral parlor. 24. Institution for care of alcoholic, narcotic or psychiatric patients. 25. Restaurant, or private club. (Ord. No. 91500; Ord. No. 91500-A-434, § 1, 6-13-06) Sec. 12-30-8. "R" retail. 1. Airport, (public or private). 2. Automobile repair garage. 3. Broadcasting facilities, radio, television or micro-wave tower. 4. Cemetery. 5. University, college or parochial school and related facilities. (public or private) 6. Candle manufacturing. 7. Candy manufacturing. 8. Carnival. (By resolution of city council for specific time periods.) 9. Electric substation, transmission line or other public use utilities. 10. Fair grounds. 11. Fur goods manufacturing. 12. Grocery and convenience stores. 13. Heliport or helistop. 14. Instrument manufacturing or testing. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 6 of 17 15. Pawn shops. 16. Nursing home or home for the aged. 17. Movie theater. 18. Night club. 19. Rodeo or other sports arena. 20. Telegraph office. 21. Zoo. (public) 22. Indoor amusement. (video games) 23. Gasoline service stations, provided that the activities permitted do not include major automobile repairs, storage or dismantling of motor vehicles for sale. 24. Bowling alley. 25. Restaurant, or private club. 26. Any permitted uses allowed within the "O" office special use permit section. (Ord. No. 91500; Ord. No. 91500-A-434, § 1, 6-13-06) Sec. 12-30-9. "HC" highway commercial. 1. Assembly and manufacturing (limited)—Not exceeding 50 percent of the gross floor area. 2. Bowling alley. 3. Broadcasting facilities, radio, television or micro-wave tower. 4. Bus terminal. 5. Cemetery. 6. Day nursery or day care centers. 7. Electric substation, telephone exchange, transmission line or other public use utilities. 8. Equipment sales. 9. Fair grounds. 10. Gasoline service stations, provided that the activities permitted do not include automobile repairs, storage or dismantling of motor vehicles for sale. 11. Golf course or country club. 12. Grocery and convenience stores. 13. Heliport or helistop. 14. Indoor amusement (Video games). 15. Instrument manufacturing or testing. 16. Janitor service. 17. Mortuary or funeral parlor. 18. Hotel or residence hotel. (Refer to section 12-30-18 for specific regulations.) Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 7 of 17 19. Motorcycle sales and service. 20. Movie theater. 21. Night club. 22. Office/warehouse (warehouse exceeding 20 percent of the gross floor area). 23. Private school and related facilities. 24. Private club. 25. Restaurant. 26. Rodeo or other sports arena. 27. Sports, recreation and entertainment (Indoor or outdoor). 28. Stadium. 29. Television studio. 30. Trailer rental. (Ord. No. 91500; Ord. No. 91500-A-375, § 2, 5-11-01; Ord. No. 91500-A-434, § 2, 6-13-06; Ord. No. 2016-1433 , § 2, 4-12-16) Sec. 12-30-10. "C" commercial. 1. Airport, (Public or private). 2. Automobile repair garage. 3. Boat storage. 4. Butane storage and sales. 5. Candle manufacturing. 6. Candy manufacturing. 7. Cemetery. 8. Electronic manufacturing. 9. Grocery and convenience stores. 10. Electric substation, transmission line or other public use utilities. 11. Fur goods manufacturing. 12. Grocery and convenience stores. 13. Heliport or helistop. 14. Instrument manufacturing or testing. 15. Pawn shops. 16. Nursing home or home for the aged. 17. Movie theater. 18. Night club. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 8 of 17 19. Rodeo or other sports arena. 20. Telegraph office. 21. Zoo (Public). 22. Indoor amusement (Video games). 23. Gasoline service stations. 24. Bowling alley. 25. Restaurant, or private club. Restaurant (drive-in type). 26. Kennels (Outside). 27. Motor freight terminal. 28. Moving and storage company. 29. Pawn shop. 30. Motion picture theater (Outdoor). 31. Auto laundries or car wash. 32. Automobile, truck or mobile home display or sales. 33. Indoor sports, recreation and entertainment. 34. Commercial amusement (Indoor or outdoor). 35. Convenience warehouse ("Mini-warehouse"). 36. Any permitted uses allowed within the "O" office, "R" retail or C" commercial special use permit district (see sections 12-30-7, 12-30-8, 12-30-10 and 12-30-11). (Ord. No. 91500; Ord. No. 91500-A-333, § 1, 8-13-02; Ord. No. 91500-A-434, § 1, 6-13-06) Sec. 12-30-11. "TC" town center. 1. Cemetery. 2. College, university, or parochial school and related facilities. 3. Electric substation, transmission line or other public use utility. (Ord. No. 91500) Sec. 12-30-12. "LI" light industrial. 1. Airport, (Public or private). 2. Arsenal. 3. Cemetery. 4. Electric substation, transmission line and other public use utility. 5. Sand or gravel extraction or storage and other mining activities, except oil and gas extraction or drilling. 6. Gun club or shooting range. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 9 of 17 7. Lumber mill. 8. Other mining activities. 9. Petroleum products storage. 10. Planing mill. 11. Printing plant. 12. Rooming house. 13. Coal, coke or wood yard. 14. Concrete or asphalt batching plant on temporary basis for any period in excess of 180 days. 15. Drive-in theater (Outdoor). 16. Adult uses. (Adult bookstores, adult motion pictures, massage parlors and nude modeling or photography studios). 17. Gasoline service stations. 18. Convenience storage or "mini-warehouse". (Ord. No. 91500; Ord. No. 91500-A-123; Ord. No.91500-A-56; Ord. No. 91500-A-331, § 1, 8-13-02; Ord. No. 91500- A-421, § 1, 10-11-05; Ord. No. 91500-A-451, § 1, 2-13-07) Sec. 12-30-13. Reserved. Editor's note(s)—Ord. No. 91500-A-419, § 1, adopted Oct. 11, 2005, repealed § 12-30-13 in its entirety. Formerly, said section pertained to the "HI" heavy industrial district as enacted by Ord. No. 91500. Sec. 12-30-13A. "H" Historic. 1. Auto parking lot. 2. Auto parts sales (new). 3. Broadcasting facilities, radio or television {for towers see section 12-32A - Telecom. Ordinance}. 4. Building footprint exceeding 5,000 square feet. 5. Carpentry, painting or, plumbing shops. 65. Cemetery. 76. College, university, or parochial school, private school and related facilities. 87. Day nursery or day care centers (children or adult). 98. Drive-in theater (outdoor). 109. Electric substation, transmission line or other public utilities. 1110. Grocery and convenience stores. 1211. Hospital. 1312. Lodging House when part of a single-family residential development or mixed-use development and shall not include live/work units. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 10 of 17 14. Limited warehousing and distribution shall be limited to a maximum of 20 percent of the floor area of the building. 1513. Mortuary or funeral services. 1614. Motel, hotel, residence hotel (refer to section 12-30-18 for specific regulations). 17. Multi-story garage (commercial). 1815. Nursing home, convalescent home, home for the aged, assisted living, etc. 19. Office, retail, or commercial with residential on second floor. 2016. Office warehouse with less than 20 percent of the floor area being devoted to warehousing. 2117. Radio broadcasting towers. 22.18. Radio, television or microwave receiving dish (subject to screening regulations; see section 12-33-1). 2319. Residential development in general conformance with Old Coppell Concept Plan. 24. Sports, recreation and entertainment (indoor or outdoor). 20. Office, retail, or commercial with residential on second floor. 21. Residential development in general conformance with Old Coppell Concept Plan. 22. Building footprint exceeding 5,000 square feet. 23. Motel, hotel, residence hotel (refer to section 12-30-18 for specific regulations). 24. Bed and breakfast. (Ord. No. 91500-A-409, § 2, 5-11-05; Ord. No. 91500-A-434, § 2, 6-13-06) Sec. 12-30-14. Business use within residential structures. 1. The term "business use with residential structure" as used herein shall mean any tract or property which is "zoned for a business use" on which there exists a residential structure which was in existence at the time the property was zoned for business use. 2. The term "zoned for business use" as that term is used in the definition of "business use with residential structure" shall mean any zoning classification of the comprehensive zoning ordinance which permits a business or commercial use including the O, R, C, or LI or any business classification within any PD district. 3. Residential structures deemed conforming. Any residential structure located on property defined as "business use with residential structure" shall be considered a conforming structure as opposed to a nonconforming use. Such conforming status shall continue so long as the residential structure is used for residential purposes, and during such period of residential use, the property shall be governed by the regulations of the residential zoning classification, as amended, that existed at the time such property was zoned for its business use. 4. Where structure is used only as a residence. Any residential structure located on property defined as "business use with residential structure" being used only as a residence will not be required to obtain a special use permit to continue such residential use but will not be permitted to start using the residential structure for a business use without first obtaining a special use permit. 5. Where structure is used only for specific business. Any residential structure located on property defined as "business use with residential structure" which on the effective date of this ordinance is being used for a Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 11 of 17 specific business purpose and not a residential use must hereinafter obtain a special use permit under this section for the specific use being conducted in such a structure. Upon proper proof of the existence of such a business use may not be changed or the structure converted to a combined residence with the specific use without a new special use permit. 6. Where structure is a combined residential and business use. Any residential structure located on the property defined as "business use with residential structure" which as of the effective date of this ordinance is used both as a residence and for a specific business use must obtain a special use permit for such combined residential and specific business use. Upon proper proof of the existence of such a combined business and residential use as of the effective date of this ordinance, the special use permit shall be granted, but once granted the specific business use may not be changed without first obtaining a new special use permit. 7. The residential structure located on property defined as "business use with residential structure" may in any case be taken down or removed and replaced with a conforming commercial structure without the necessity of obtaining a special use permit and thereafter such property shall be governed by the regulations of the business zoning classification of such property. 8. A use which would be a "home occupation" under the comprehensive zoning ordinance shall not be considered a business use which will have to obtain a special use permit unless otherwise required to do so by the specific regulations. 9. The owner of any property who is required to obtain a special use permit pursuant to the provisions of this section and who files application for such special use permit on or before January 16, 1987, will not be required to pay the usual zoning change filing fee. Any applicant applying for such a special use permit after January 16, 1987 shall pay the application fee. (Ord. No. 91500; Ord. No. 91500-A-318, § 7, 3-19-02; Ord. No. 91500-A-409, § 7, 5-11-05; Ord. No. 91500-A-419, § 1, 10-11-05) Sec. 12-30-15. Churches in any district. 1. Churches. A church may not be excluded from any zoning district within the city, therefore the special use permit required by this chapter may not be denied. In the issuance of such special use permit, there shall be imposed only those reasonable special conditions or regulations necessary to protect the health, safety and general welfare of the community. Off-street parking shall be regulated by subsection 12-31-6(4) of this chapter. A site plan may be required as a part of the application for this special use permit and unless modified by approval of a site plan adopted as a part of the ordinance granting the special use permit, set back and other such requirements shall be governed by the regulations of the basic zoning district, and the structural requirements shall be governed by the existing ordinance of the city. All churches in existence at the time of the adoption of this amendment shall be considered as conforming uses under special use permit in regard to all church facilities in place of the effective date of this amendment. Once a church has received a special use permit it will not have to obtain another special use permit to expand church facilities within the church property. Church use shall be permitted in any nonresidential zoning district without a special use permit. (Ord. No. 91500; Ord. No. 91500-A-318, § 8, 3-19-02) Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 12 of 17 Sec. 12-30-16. Restaurant. (1) Restaurant shall only require a special use permit in the "O" office, "R" retail, "H" historic, "HC" highway commercial, "C" commercial, "TC" town center, or "LI" light industrial districts, or "PD" planned development district, when either of the following conditions exist: (a) The restaurant will be located within a structure, either free-standing or within an existing retail building whose property line abuts a residential zoning district; or (b) The restaurant will have drive-in/through service. (c) A restaurant as an accessory use, may be allowed by special use permit on property zoned single family residential or multi-family in association with a special use permit for a golf course and clubhouse. (2) In the event that a special use permit is required, then a public hearing process shall be required, as provided in this chapter. (a) Special conditions. A special use permit for a restaurant under this section, if granted, shall be subject to such reasonable special conditions in order to protect the health, safety, and welfare of the general public and adjacent land uses. (b) Time limit. (i) In the event an application for a building permit for a restaurant is not made and secured within six months from the granting of the special use permit for the restaurant, the Special Use Permit shall be revoked unless the owner/operator of the restaurant is granted an extension by the city council. (ii) In the event the owner or operator of a property having a zoning classification of a special use permit for a restaurant, ceases to operate the restaurant business use for a period in excess of 90 days, the planning and zoning commission or the city council may initiate a zoning change to consider changing the zoning classification to such other classification as may be appropriate for the property. Each applicant for a special use permit for a restaurant shall be advised of this condition which shall be noted in the ordinance granting the zoning classification. (c) Submission requirements. The following shall be required at the time of an application for a special use permit for a restaurant: (i) A proximity map or plat showing the zoning classification of adjacent property and the location and use of any structures on all properties within 300 feet of the restaurants, lots, or tract measured from the nearest property line of such lot or tract. (ii) Adequate copies of floor plans for the restaurant shall be submitted showing the dimensions of the following floor areas: 1. Eating areas; 2. Kitchen and food preparation area; 3. Waiting area; 4. Area of all other proposed uses within the restaurant; 5. All combined air-conditioned areas. (iii) Site Plan of the entire shopping center/retail building indicating: 1. Lease space of the proposed restaurant with square footage and dimension of frontage(s). 2. Parking analysis to assure that adequate parking exists to accommodate restaurant. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 13 of 17 3. Proposed hours of operation. (iv) Elevation(s) of the building, indicating the lease space with dimensions and all proposed signage. (3) New restaurant in a lease space/building with an existing Special Use Permit for a restaurant. In the event that another restaurant occupies the same building/lease space, a new or revised special use permit is not required; so long as the occupants comply with the applicable city ordinances and building code requirements. (a) The director of planning or designee may administratively approve a minor amendment to the existing Special Use Permit for the establishment of a new restaurant, subject to the following process: (i) Submission of an application accompanied by the appropriate fee for administrative site plan approval, the revised floor plan, sign plan, hours of operation and/or other pertinent information to the planning department for review. (ii) That applicant is in compliance with all other applicable code of ordinance requirements or special conditions of the special use permit for such premise. (iii) The director will update the special use permit file to reflect the new restaurant. (iv) The director will issue a letter of approval, approval with conditions or denial. In the event of a denial, or conditions that are contested by the applicant, a public hearing process will be required with payment of appropriate fee. (v) Once the new restaurant occupies the building, the building official, or his designee, shall provide the planning department an official copy of the certificate of occupancy. (4) Expansion of existing restaurant. In the event that an existing restaurant expands in the same building a revised special use permit is not required. (a) The director of planning or designee may approve an administrative amendment to an existing Special Use Permit to allow for expansion of an existing restaurant, subject to the following process: (i) Submission of an application accompanied by the appropriate fee for administrative site plan approval to include the revised floor plan, sign plan, hours of operation. (ii) Site Plan of the entire shopping center/retail building indicating the lease space of the proposed restaurant expansion with square footage and dimension of frontage(s). (iii) The owner/occupant apply and receive appropriate building permits and comply with applicable ordinances. (iv) A parking analysis to assure adequate parking exists. (b) The director shall review such application to ensure that the expanded use does not adversely affect the surrounding uses and to protect the general health, safety and welfare. (c) The director will update the special use permit file to reflect the restaurant expansion. (d) The director will issue a letter of approval, approval with conditions or denial. In the event of a denial or conditions that are contested by the applicant, a public hearing process as provided in this Chapter. will be required. (e) In the event that an applicant is not satisfied with the determination of the director, it may submit a formal request to amend the Special Use Permit as provided in this Chapter. (5) Each application for a special use permit for a restaurant must be made by the property owner or the tenant with the written permission of the property owner. The planning and zoning commission and the city council Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 14 of 17 may consider any relevant matter pertaining to the applicant or application which might affect the health, safety, and welfare of the community. (6) Signs. Exterior signs, other than established trade names, located on the outside of the building or premises of a restaurant, shall not advertise or refer to the sale or consumption of alcoholic beverages by words or symbols. (7) Existing uses. Any restaurant in operation or which has been granted a special use permit for a restaurant at the time of the adoption of this ordinance shall be considered as a conforming use. (Ord. No. 91500; Ord. No. 91500-A-328, § 2, 7-9-02; Ord. No. 91500-A-419, § 1, 10-11-05; Ord. No. 91500-A-445, § 2, 12-12-06; Ord. No. 91500-A-469, § 1, 7-10-07; Ord. No. 91500-A-619, § 1, 4-9-13 ) Sec. 12-30-17. Special use ordinances continued. Prior to adoption of this ordinance, the city council had established various special use zoning districts each containing, as a part of its adoptive ordinance and/or plan, certain conditions, restrictions, regulations and requirements applicable to the respective special use district. The special use districts shown (as of the date of this ordinance) on the zoning map adopted as a part of this ordinance, shall be continued in full force and effect and the ordinances granting such special use district classification shall not be repealed. Provided, however, any reference in such adoptive ordinance to the basic zoning district shall be a reference to that basic zoning district as such is provided for in this ordinance. (Ord. No. 91500) Sec. 12-30-18. Hotel and residence hotel. A special use permit for a hotel or residence hotel use may be approved only when there is a finding and determination by the city council, that the type of hotel or residence hotel proposed is compatible and consistent with and will have no adverse effect on existing uses in the area, that the proposed use is equal to or exceeds development standards of other uses and that the proposed use will not adversely affect the ability to locate, in the future, additional uses that are allowed within the zoning district of the area. (1) Hotel developments shall be subject to the following development standards: a. A minimum lot size for a hotel development shall be no less than two acres. b. There shall be a minimum of 125 guest rooms. c. Shall provide staff on-site 24-hours a day. d. All units shall be accessed from a common interior corridor, which shall be climate controlled, except for first floor units which may have direct access from an interior courtyard or swimming pool area in addition to hallway access. e. Each guestroom shall be a minimum of 285 square feet. f. Shall provide a lobby waiting/atrium area with a minimum of 750 square feet; or five square feet per guest room, whichever is greater. Other open space areas may be counted towards fulfilling this requirement if seating is provided. g. Conference room/meeting space a minimum of 1,200 square feet. h. Limited (such as breakfast bar and/ or light snacks, not open to the public) or full service restaurant. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 15 of 17 i. A porte-cochere or other covered area shall be provided immediately adjacent to the building entrance nearest the registration desk with an area for temporary parking of at least two vehicles underneath the covered area for the guests checking in or out. j. In addition to the above, there shall be provided a minimum of three amenities from the list below: 1. Meeting space 5,000 square feet or more. 2. Indoor/outdoor pool (minimum 600 square feet of water surface area). 3. Equipped weight room/fitness center (minimum 600 square feet). 4. Playground. 5. Sports court. 6. Jogging trail (minimum ¼ mile in length). 7. Gift/pantry/snack shop (minimum 300 square feet). 8. Outdoor plaza area (minimum of 1,000 square feet, exclusive of pool) containing such items as fire pit, covered patio, outdoor TV, outdoor kitchen, etc. 9. Full service restaurant (minimum seating capacity of 35) open to the general public serving breakfast, lunch and dinner. (2) Residence hotel developments, as defined in section 12-42-1 of this chapter, shall be subject to the following development standards: a. A minimum lot size for a hotel development shall be no less than two acres. b. There shall be a minimum of 125 guest rooms. c. Not more than 22 room units per acre. d. Each guestroom shall be a minimum of 285 square feet. e. Shall provide a lobby/waiting/atrium areas with a minimum of 750 square feet or five square feet per guest room, whichever is greater. Lobbies/waiting/atrium areas and/or other open space area may be counted towards fulfilling these requirements if seating is provided. f. Shall maintain laundry facilities on-site for guest use. g. Shall provide staff on-site 24-hours a day. h. All units shall be accessed from a common interior corridor, which shall be climate controlled, except for first floor units which may have direct access from an interior courtyard or swimming pool area in addition to hallway access. i. Conference room/meeting space a minimum of 1,200 square feet. j. Limited (such as breakfast bar and/or light snacks, not open to the public) or full service restaurant. k. A porte-cochere or other covered area shall be provided immediately adjacent to the building entrance nearest the registration desk with an area for temporary parking of at least two vehicles underneath the covered area for the guests. l. Shall maintain a minimum separation of 1,500 feet measured linearly from property line to property line from any other residence hotel property. Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 16 of 17 m. All of the room units shall contain kitchen facilities, which are defined as containing a stove top, oven and microwave and full size refrigerator. n. Shall provide a minimum of four amenities from the list below: 1. Meeting space 5,000 square feet or more. 2. Indoor/outdoor pool (minimum 600 square feet of water surface area). 3. Equipped weight room/fitness center (minimum 600 square feet). 4. Playground. 5. Sports court. 6. Jogging trail (minimum ¼ mile in length). 7. Gift/pantry/snack shop (minimum 400 square feet). 8. Outdoor plaza area (minimum of 1,000 square feet, exclusive of pool) containing such items as fire pit, covered patio, outdoor TV, outdoor kitchen, etc. 9. Full service restaurant (minimum seating capacity of 35) open to the general public serving breakfast, lunch and dinner. (Ord. No. 2016-1433 , § 1, 4-12-16) Editor's note(s)—Ord. No. 2016-1433 , § 1, adopted April 12, 2016, repealed the former § 12-30-18, and enacted a new § 12-30-18 as set out herein. The former § 12-30-18 pertained to hotel, motel and residence hotel and derived from Ord. No. 91500-A-434, § 3, adopted June 13, 2006. Sec. 12-30-19. – Lodging Houses No person shall advertise, offer to rent, lease, sublease, license or sublicense or offer the same, a single-family residential property within the city as a lodging house unless a special use permit is approved and in accordance with this article. A Lodging House is required to pay Hotel Occupancy Taxes to the City. A special use permit for a lodging house may be approved only when there is a finding and determination by the City Council, that the lodging house use proposed is compatible and consistent with and will have no adverse effect on existing uses in the area in compliance with special conditions approved by City Council. If a lodging house is approved, a lodging house rental permit must be obtained and the lodging house rental requirements held therein adhered to. Such special condition shall include and is not limited to: a) Subletting; b) Signage; c) Parking; d) Outdoor usage; e) Adjacency of housing; f) Hours of operation; g) No events or parties; h) No commercial activity; 1. Lodging House. A Lodging house shall only be allowed in the following zoning districts: SF-ED, SF-18, SF-12, SF-9, SF-7 and the H district where there is a PD for single-family residential or mixed -use. Formatted: Font: (Default) +Body (Calibri), 10 pt, Not Highlight Formatted: Font: (Default) +Body (Calibri), 10 pt Formatted: Font: (Default) +Body (Calibri), Not Highlight Formatted: Font: (Default) +Body (Calibri), Not Highlight Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri), 10 pt, Not Highlight Formatted: Font: (Default) +Body (Calibri), 10 pt, Not Highlight Formatted: Font: (Default) +Body (Calibri), 10 pt, Not Highlight Formatted: Font: (Default) +Body (Calibri), 10 pt, Not Highlight Created: 2023-02-10 10:10:00 [EST] (Supp. No. 49) Page 17 of 17 Lodging House is defined as "the rental of any single-family residence or its residential structure, or a portion of a single-family residence or residential structure including but not limited to pools, garages, and outdoor accessory structures for a period of less than 30 days". This term includes but not limited to: 1) bed and breakfast; 2) boarding home or hostel; 3) vacation home; 4) short-term rentals (STR); or 5) corporate housing. The term does not include; (1) A unit that is used for a nonresidential purpose, including an educational, retail, restaurant, banquet space, or event center purpose or other commercial purposes another similar use; (2) A hotel/residence hotel; (3) A place for residence or use as a licensed health care or assisted living facility licensed by the State; or (4) Parsonage on the premise of a church, mosque or synagogue. (5) A commercial storage facility Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri), Not Highlight Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6882 File ID: Type: Status: 2023-6882 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 05/02/2023File Created: Final Action: SC PositionFile Name: Title: Consider review of Erin Bogdanowicz’ appointment to the Smart City Board pursuant to Section 2-11-2 of the Code of Ordinances. Notes: Sponsors: Enactment Date: Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-6882 Title Consider review of Erin Bogdanowicz’ appointment to the Smart City Board pursuant to Section 2-11-2 of the Code of Ordinances. Summary Fiscal Impact: There is no fiscal impact. Staff Recommendation: No recommendation. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 5/5/2023 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-6882 Page 1City of Coppell, Texas Printed on 5/5/2023 1 MEMORANDUM To: Mayor and City Council From: Ashley Owens, City Secretary Date: May 9, 2023 Reference: Consider review of Erin Bogdanowicz’ appointment to the Smart City Board pursuant to Section 2-11-2 of the Code of Ordinances. 2040: Sustainable Government Introduction: The purpose of this agenda item is to inform City Council that Erin Bogdanowicz, Smart City Board member, has accumulated three absences during this calendar year. • February 6, 2023, - Excused (notice given) • March 6, 2023, - Unexcused (no notice given) • May 1, 2023, - Excused (notice given) Ms. Bogdanowicz informed the board liaison of her need to miss two meetings, so those absences are considered excused. Staff sent a courtesy notice to the board member on March 14, 2023, when two absences were reached. Ms. Bogdanowicz’ term ends December 31, 2023. Background: Section 2-11-2 of the Code of Ordinances states: “(a) The city council may review the attendance record of any board and commission member. (b) Board members must give advance notice to the chair or staff liaison if they will be absent from a regular or special called meeting for the absence to be designated excused. If advance notice of an absence is not given, the absence will be designated unexcused. (c) The office of city secretary shall notify the city council of any board or commission member that has three absences of regular or special meetings, or if a board member is absent for 25 percent of the regular or special called meetings within a 12-month period, excused or unexcused, the position will be considered for review by city council, and city council may declare the position vacant.” 2 Legal Review: Legal review is not required for this item. Fiscal Impact: There is no fiscal impact. Recommendation: There is no recommendation for this item.