Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CP 2025-01-14
City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, January 14, 2025 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1. Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Page 1 City of Coppell, Texas Printed on 1/10/2025 1 January 14, 2025City Council Meeting Agenda A.Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. B.Seek Legal Advice from City Attorney regarding zoning ordinance and accessory structures. Section 551.087, Texas Government Code - Economic Development Negotiations. C.Discussion regarding economic development prospects south of Sandy Lake Road and west of Denton Tap Road. 3.Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. A. Discussion regarding agenda items. B. Discussion regarding the Service Organization process. C. Discussion regarding the operational philosophy for Rolling Oaks Memorial Center. D. Discussion regarding FY24 Work Plan Close-out. Service Org Memo.pdf ROMC Memo.pdf Work Plan Memo.pdf FY24WorkPlanCloseout.pdf Attachments: Regular Session 4. Invocation 7:30 p.m. 5. Pledge of Allegiance 6. Citizens’ Appearance 7. Consent Agenda A.Consider approval of the Minutes: December 10, 2024. CM 2024-12-10.pdfAttachments: B.Consider approval to purchase one (1) Ford F550 Aerial Bucket Truck from Altec Inc.; through Sourcewell Purchasing Cooperative #040924-ALT; for replacement of existing vehicle; in the amount of $187,804.00; as provided for in the Capital Replacement Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf Attachments: Page 2 City of Coppell, Texas Printed on 1/10/2025 2 January 14, 2025City Council Meeting Agenda C.Consider approval of a purchase for the replacement of seven (7) bleacher cover shade structures at the MacArthur Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $75,651.46 utilizing funds in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf Attachments: D.Consider approval of an award to C&J Designs and Solutions of East Texas, LLC, for the Concrete and Seam repairs in Park Trails and Sidewalks, in the amount of $294,383.50 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through TIPS Contract No. 22010701; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf Attachments: E.Consider approval of a Resolution by the City Council of Coppell, Texas, endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System; and authorizing the Mayor to sign. Memo.pdf Resolution.pdf Attachments: F.Consider approval for the purchase of the Fire Station Alerting System at Fire Station #5 by U.S. Digital Designs, HGAC Contract #EC07-23 in the amount of $80,627.42, to be funded from a deductive change order from the GMP; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf Attachments: G.Consider approval or other action of a First Amendment to a Grant Agreement between the City of Coppell and Metrocrest Services for the provision of Enhanced Homeless Outreach Services, as provided in the American Rescue Plan Act Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Grant Agreement.pdf Attachments: End of Consent Agenda 8.CONTINUED PUBLIC HEARING: Consider approval of PD-319-SF-12, a zoning change request from SF-12 (Single-Family-12) to PD-319-SF-12 (Planned Development 319- Page 3 City of Coppell, Texas Printed on 1/10/2025 3 January 14, 2025City Council Meeting Agenda Single-Family-12) to approve an existing carport encroaching within the required side setback, located at 552 Arbor Brook Lane. Memo.pdf Appeal Letter.pdf PZ Staff Report.pdf Detail Site Plan.pdf BOA Variance Memo.pdf Building Permit Application.pdf Floor Plan.pdf Engineer's Letter.pdf Site Photographs.pdf Applicants Presentation.pdf Petition.pdf Attachments: 9.PUBLIC HEARING: Consider approval of a zoning change request from PD-157R8-C (Planned Development-157 Revision 8-Commercial) to PD-157R9-C (Planned Development 157-Revision 9-Commercial) to allow the operation of a 1,167-square-foot restaurant located at 817 S MacArthur along the west side of S MacArthur Blvd; south of E Belt Line Road at the request of MM Valley Ranch, LLC, being represented by Mark Guest, Ebarb + Guest Architecture. Memo.pdf Site Plan.pdf Floor Plan & Store Hours.pdf Elevations & Sign Plan.pdf Applicant's Narrative.pdf Attachments: 10.PUBLIC HEARING: Consider approval of PD-320-TC, a zoning change request from TC (Town Center) to PD-320-TC (Planned Development 320- Town Center) to allow the operation of a 4,618 square-foot drive-through restaurant located along the east side of Denton Tap Road; North of Town Center Blvd at 240 N. Denton Tap Road on 1.674 acres of property. Memo.pdf PZ Staff Report.pdf Site Plan.pdf Landscape Plan.pdf Building Elevations.pdf Floor Plan.pdf Attachments: Page 4 City of Coppell, Texas Printed on 1/10/2025 4 January 14, 2025City Council Meeting Agenda 11.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 12. Mayor and Council Reports on Recent and Upcoming Events. 13.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 14. Necessary Action from Executive Session 15. 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 10th day of January, 2025, at _____________. ______________________________ Ashley Owens, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). This publication can be made available in alternative formats, such as Braille or large print, by contacting Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 5 City of Coppell, Texas Printed on 1/10/2025 5 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7850 File ID: Type: Status: 2025-7850 Agenda Item Executive Session 1Version: Reference: In Control: City Council 01/06/2025File Created: Final Action: 3.334 updateFile Name: Title: Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7850 Title Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Summary Page 1City of Coppell, Texas Printed on 1/10/2025 6 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7851 File ID: Type: Status: 2025-7851 Agenda Item Executive Session 1Version: Reference: In Control: City Council 01/06/2025File Created: Final Action: Acc. Structure UpdateFile Name: Title: Seek Legal Advice from City Attorney regarding zoning ordinance and accessory structures. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7851 Title Seek Legal Advice from City Attorney regarding zoning ordinance and accessory structures. Summary Page 1City of Coppell, Texas Printed on 1/10/2025 7 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7835 File ID: Type: Status: 2024-7835 Agenda Item Executive Session 1Version: Reference: In Control: City Council 12/20/2024File Created: Final Action: exec - eco dev s of sandy lake and w of denton tapFile Name: Title: Discussion regarding economic development prospects south of Sandy Lake Road and west of Denton Tap Road. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7835 Title Discussion regarding economic development prospects south of Sandy Lake Road and west of Denton Tap Road. Summary Strategic Pillar Icon: Create Business and Innovation Nodes Page 1City of Coppell, Texas Printed on 1/10/2025 8 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7849 File ID: Type: Status: 2025-7849 Agenda Item Work Session 1Version: Reference: In Control: City Council 01/06/2025File Created: Final Action: WKS 1/14File Name: Title: A. Discussion regarding agenda items. B. Discussion regarding the Service Organization process. C. Discussion regarding the operational philosophy for Rolling Oaks Memorial Center. D. Discussion regarding FY24 Work Plan Close-out. Notes: Sponsors: Enactment Date: Service Org Memo.pdf, ROMC Memo.pdf, Work Plan Memo.pdf, FY24WorkPlanCloseout.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7849 Title A. Discussion regarding agenda items. B. Discussion regarding the Service Organization process. C. Discussion regarding the operational philosophy for Rolling Oaks Memorial Center. D. Discussion regarding FY24 Work Plan Close-out. Summary Page 1City of Coppell, Texas Printed on 1/10/2025 9 MEMORANDUM To: From: Date: Mayor and City Council Mike Land, City Manager January 14, 2025 Reference: Discussion regarding the Service Organization process. Mayor Wes Mays will lead a discussion regarding the Service Organization process. The current guidelines are enclosed. 10 Guidelines for Requesting Funding Assistance for Non-Profit Arts and Social Services Organizations The City of Coppell will consider funding requests related to social service care provided by non-profit organizations to the citizen of Coppell. The City of Coppell will consider funding requests related to the encouragement, promotion, improvement, and application of the arts. To be considered for financial assistance from the City of Coppell, the organizations must: •Be a non-profit 501(c) (3) with written documentation from the IRS •Provide a service to residents of Coppell •Fulfill the requirements as stated below in the guidelines o Failure to provide requested information may result in funding being denied Requirements: I.Please complete the enclosed application form. II.Attach the following information: •List of Board of Directors, including addresses of residence •Literature about your organization, including sponsorship packages, if arts related. •Information regarding your organization’s role in providing service to Coppell residents. •Annual budget and operating report (summary of funding sources, services & activities. •A recent annual audited financial statement containing statements of assets, liabilities, and fund balances. o If this is not available, an IRS 990 is acceptable •Written verification of non-profit status from the IRS. •Notarized Expenditure Summary: A summary of how the Service Organization (SO) expended the previous year’s grant funds. The summary will be notarized and signed by an appropriate representative of the SO. III.To be considered, application packets must be submitted by April 28th of the current year: City of Coppell Strategic Financial Engagement Department Attn.: Jesica Almendarez 255 Parkway Blvd. Coppell, TX 75019 If you have questions, please contact: Jesica Almendarez Budget Officer (972) 462-5305 Jesica.Almendarez@coppelltx.gov 11 Please contact Jesica Almendarez, Budget Officer, at Jesica.Almendarez@coppelltx.gov or (972) 462-5305 with questions. City of Coppell General Guidelines Non-Profit Services Organizations Funding The City of Coppell will consider funding requests from non-profit social service organizations rendering social care to the citizens of Coppell. These requests will be considered annually on an individual case-by-case basis. 1)Funding request from non-profit social service organizations funding will be reviewed and considered during the annual budget workshop. Organizations submitting first-time request, or current funding recipients requesting over $20,000 and an increase exceeding 50% from the prior year's allocation, will be required to make a presentation to the Mayor and Council. 2)Eligibility Requirements: a)Must be a non-profit 501 (c) (3) organization with documented proof from the IRS. b)Provide all requested documents, complete the attached application, and submit no later than April 28th of the current year. 3)Eligible social service care activities for funding consideration included senior services, children and youth services, disabled person assistance, health and mental health services, crisis, and financial services, victim’s assistance, substance abuse, and other related social services as approved by the Mayor and Council on an individual basis. 12 1 MEMORANDUM To: Mayor and City Council From: Sheri Belmont, Assistant Director of Community Experiences Via: Jessica Carpenter, Director of Community Experiences Date: January 14, 2025 Reference: Discussion regarding the operational philosophy for Rolling Oaks Memorial Center. 2040: Sustainable Government The purpose of this item is to have a discussion regarding the future operational philosophy for Rolling Oaks Memorial Center. 13 1 MEMORANDUM To: Mayor and City Council From: Traci E. Leach, Deputy City Manager Date: January 14, 2025 Reference: Discussion regarding FY24 Work Plan close out. 2040: Sustainable Government Introduction: The purpose of this item is to receive information regarding the close-out of the FY24 Work Plan. Benefit to the Community: This report provides transparency and accountability regarding the City’s progress towards the Vision 2040 Strategic Plan goals and Council priorities for FY24. Legal Review: N/A Fiscal Impact: N/A Recommendation: This is an informational update only. 14 Icon Goal FY 24 Work Plan Objective Responsibility Outcome Status Diversify learning and enrichment opportunities available in Coppell Explore citizen-led classes/programs at various facilities CE In coordination with EX and CoC, explore the development of yearly proclamation schedule to promote inclusivity CSO Explore opportunities for allyship initiatives EX Provide educational resources that support allyship EX Explore Coppell-style Story Corps COMM Develop a "sense of neighborhood" at an appropriate scale Explore dog park/neighborhood park clean-up projects and events CE Work with community partners to survey neighborhoods to identify character defining elements of each neighborhood CD Explore an incentive program for refurbishing older homes CD Explore first-time homebuyer program CD Explore creation of a new multi-family district category in Zoning Ordinance for active adult living.CD Implement Village Concept CD Explore refit and refurbishment of older housing stock Pillar One: Perpetuate a Learning Environment Pillar Two: Foster an Inclusive Community Fabric Pillar Four: Future-Oriented Approach to Residential Housing Pillar Three: Enhance the Unique "Community Oasis" Experience Purposefully break barriers to inclusion Explore new options for 55 plus (or aging in place) that maintain high standard of living while reducing footprint 15 Icon Goal FY 24 Work Plan Objective Responsibility Outcome Status Move Kaleidoscope to OT and partner with Arts Center on cultural performances CE Host voter registration drives/booths and election education at OT events and Farmers Market CSO Study Old Town Coppell to determine the appropriate measures for activation of the Square.CD Explore temporary use of the pad site next to Twisted Root CD Proposed ordinance changes to incoporate items discussed during FY23 Roundtable on future retail trends CD Explore developer agreements, façade grants, and other economic development tools to encourage the rehab and re-purposing of commercial areas CD Explore a business incubator/commercial kitchen incubator CD Explore pop-up business support CD Encourage redevelopment of "hot spots" along commercia/retail corridors as major creativity zones Study trends in other communities related to creativity zones CD Study trends in commercial/warehouse districts in other parts of the country to prepare for future ordinance changes CD Propose ordinance changes to incoporate items discussed during FY23 Roundtable CD Begin study of autonomous vehicle connection to Cypress Waters Station PW/CMO/CD Begin operational strategies for DART System impacts PD Explore connection to Hyperbolic Dr with the City of Dallas to provide opportunity for development in Sanders Loop area PW Complete Royal reconstruction PW Implement Fiber Masterplan ES/PW Explore Branding Strategy for Coppell as a Smart City COMM Explore Autonomous Vehicle Program PW/ES Define sustainable building standards for existing City facilities ES/PW Explore other payment methods for customers to use SFE Build backbone of Smart Operating Systems for all resource management Build Coppell’s transportation system to connect with regional systems Pillar 7: Apply Smart City Approach to Resource Management Pillar Five: Create Business and Innovation Nodes Explore future trends in retail and re-purposing commercial areas Work with the commercial/ warehouse district on future Version 2.0 and encourage redevelopment of ‘hot spots’ along commercial/retail corridors as major creativity zones Support the Old Town area and concept Pillar Six: Implement Innovative Transportation Networks 16 Icon Goal FY 24 Work Plan Objective Responsibility Outcome Status As a fiduciary, the City will ensure that there are adequate financial resources to support City services.Explore non-traditional ways to monetize city assets, services, and facilities SFE Conduct city-wide communications survey and evaluate communications strategy COMM Develop strategy to determine progress of Vision 2040 Strategic Plan CMO Complete Community Experiences Master Plan Update CE Complete Woodhurst reconstruction PW Complete water system redundancy project PW Rehab Village Parkway ground storage tanks PW Complete Magnolia Park Trail connection CE Complete Duck Pond Park improvements CE Complete Moore Road Boardwalk CE Complete Dog Park reconstruction CE Complete Veterans Memorial CE Continue Service Center design and construction PW Complete design for Fire Station 5 FD The City will maintain a quality work force to serve the community.Complete belonging education for all employees EX City Services will be provided in a manner that ensures high levels of customer satisfaction City Infrastructure will be wellmaintained and consistent with the Council's value proposition. Foundation: Sustainable Government 17 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7853 File ID: Type: Status: 2025-7853 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 01/06/2025File Created: Final Action: Minutes 12/10File Name: Title: Consider approval of the Minutes: December 10, 2024. Notes: Sponsors: Enactment Date: CM 2024-12-10.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7853 Title Consider approval of the Minutes: December 10, 2024. Summary Page 1City of Coppell, Texas Printed on 1/10/2025 18 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, December 10, 2024 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Jim Walker;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;Ramesh Premkumar and Mark Hill Present 7 - Biju MathewAbsent1 - Also present were Deputy City Managers Traci Leach and Kent Collins, City Attorney Bob Hager, and City Secretary Ashley Owens. The City Council of the City of Coppell met in Regular Session on Tuesday, December 10, 2024, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Work Session at 5:30 p.m. Work Session (Open to the Public) 1st Floor Conference Room2. A. Discussion regarding agenda items. Presented in Work Session Mayor Wes Mays adjourned the Work Session at 5:42 p.m. and convened into the Executive Session at 5:43 p.m. Page 1City of Coppell, Texas 19 December 10, 2024City Council Minutes Executive Session (Closed to the Public) 1st Floor Conference Room3. Section 551.071, Texas Government Code - Consultation with City Attorney. A.Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Discussed under Executive Session B.Seek Legal Advice from City Attorney regarding zoning ordinance and accessory structures. Discussed under Executive Session Section 551.076, Texas Government Code - Deliberation regarding Security Devices. C.Discussion regarding cyber security measures for municipal information system and infrastructure. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. D.Discussion regarding property south of Sandy Lake Road and east of Denton Tap Road. Discussed under Executive Session Mayor Wes Mays adjourned the Executive Session at 5:42 p.m. and convened into the Regular Session at 7:30 p.m. Regular Session Invocation 7:30 p.m.4. Anahita Sidhwa, with Allies Interfaith Group, gave the Invocation. Pledge of Allegiance5. Mayor Wes Mays led the audience in the Pledge of Allegiance. 6.Recognition of outgoing Boards and Commissions members. Mayor Wes Mays presented certificates of appreciation to outgoing board members. Citizens’ Appearance7. Mayor Wes Mays advised that no one signed up to speak. Page 2City of Coppell, Texas 20 December 10, 2024City Council Minutes Consent Agenda8. At the request of Councilmember Mark Hill, this item was pulled from the Consent Agenda and was presented to City Council by Calie Willis, Chief of Strategic Relationships. A.Consider approval of the Minutes: November 12, 2024. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. B.Consider approval to purchase touch screen time clocks with biometric and proximity readers from Tyler Technologies in the amount of $68,592.00 as budgeted; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. C.Consider approval to purchase Managed Extended Detection and Response from FreeIt, DIR contract #DIR-TSO-4288 in the amount of $103,584.00 as budgeted; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. D.Consider approval of an Ordinance for PD-318-LI, a zoning change request from Light Industrial (LI) and Special Use Permit (LI & S-1132) to PD-318-LI (Planned Development- 318- Light Industrial), to approve a new Detail Site Plan to add a 186,143-sf industrial building and associated parking on 13.05 acres of property located on Freeport Parkway; and authorizing the Mayor to sign. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-818 E.Consider approval of an Ordinance for PD-301R5-HC, a zoning change request from PD-301R3-HC (Planned Development 301-Revision 3-Highway Commercial) to PD-301R5-HC (Planned Development 301- Revision 5-Highway Commercial) to revise the Concept Plan for the overall development of the site and allow for a combination of retail, Page 3City of Coppell, Texas 21 December 10, 2024City Council Minutes restaurant with and without drive- throughs, and a Hotel on 11 lots totaling approximately 16.77 acres of property; and Detail Site Plans for Lots 2, 3, 4 and 8, Block A, on property located at the southeast quadrant of S. Belt Line Road and Dividend Drive., and authorizing the Mayor to sign. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-819 F.Consider accepting the resignation of Glenn Portman from the Planning and Zoning Commission. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. G.Consider accepting the resignation of Bruce Akerly from the Board of Adjustment. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. H.Consider accepting the resignation of Craig Creason from the Future Oriented Approach to Residential Development (FOARD) Task Force. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. I.Consider approval of appointing Reyna Damle and Amelia Menezes to a one-year term as Youth Advisors to the Smart City Board beginning January 1, 2025. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. J.Consider approval to purchase replacement Fire Personal Protective Ensembles, Bunker Gear, for Structural Fire Fighting (coat, pants, escape belt/harness, and suspenders) from North American Fire Equipment Company through Buy Board contract #698-23 in the amount of $89,100.00 as budgeted; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Page 4City of Coppell, Texas 22 December 10, 2024City Council Minutes Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. K.Consider approval of a Resolution executing the “Texas Settlement Subdivision Participation and Release Form”, to become a participating Texas political subdivision in order to obtain and in consideration for, benefits pursuant to the Kroger Texas Settlement agreement, authorizing the City Manager to execute said agreement; and authorizing the Mayor to sign. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. Enactment No: RE 2024-1210.1 L.Consider approval of the 2025 Legislative Agenda Priorities for the upcoming 89th Legislative Session. At the request of Councilmember Mark Hill, this item was pulled from the Consent Agenda and discussed. A motion was made by Councilmember Mark Hill to approve Agenda Item L with the amendment to remove support for repealing HB 2439 from the Legislative Agenda. The motion failed due to lack of a second. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Agenda Item L be approved as presented. A motion to amend the main motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Jim Walker, to add "The City of Coppell supports fully funding education." to the Public Education section of the Legislative Agenda. The amendment to the motion passed by an unanimous vote. The main motion as amended was passed by an unanimous vote. M.Consider approval of a Lease Agreement authorizing the City of Grapevine to lease a jail transport van from the City of Coppell to offset transport costs at the Grapevine Jail; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. End of Consent Agenda 9.Consider approval of an Ordinance for PD-134R4-SF-7, a zoning change request from PD-134R-SF-7 (Planned Development 134 Page 5City of Coppell, Texas 23 December 10, 2024City Council Minutes Revised- Single-Family -7) to PD- 134R4-SF-7 (Planned Development 134 Revision 4- Single-Family -7) to approve a short-term rental for one room, on 0.17 acres of property located at 134 Turnberry Lane; and authorizing the Mayor to sign. A motion was made by Councilmember Jim Walker, seconded by Councilmember Ramesh Premkumar, that Consent Agenda Items A through K, Item M, and Item No. 9 on the Regular Agenda be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-820 11.PUBLIC HEARING: Consider approval of PD-319-SF-12, Lot 18, Block 4, North Lake Woodlands 3, a zoning change request from SF-12 (Single-Family-12) to PD-319-SF-12 (Planned Development 319- Single-Family-12) to approve an existing carport encroaching within the required side setback, located at 552 Arbor Brook Lane, at the request of Derric Bonnot, the property owner. The applicant requested to continue the Public Hearing to the January 14, 2025, City Council Meeting. A motion was made by Councilmember Don Carroll, seconded by Councilmember Ramesh Premkumar, to continue the Public Hearing to the January 14, 2025, City Council meeting. The motion passed by an unanimous vote. 10.PUBLIC HEARING: Consider approval of PD-313R-MF-2, Lake Breeze Condominiums, a zoning change request from C (Commercial) to PD-313R-MF-2 (Planned Development 313- Revised -Multi-Family 2) to approve a Detailed Site Plan for a 71-unit, four(4) story condominium apartment complex on approximately 4.4 acres located on the east side of S. Belt Line Road and the west side of Sanders Loop, approximately 660 feet south of E. Belt Line Road and an amendment to the 2030 Comprehensive Master Plan from Mixed Use Community Center to Urban Residential Neighborhood, at the request of Coppell Lake Breeze, LLC, being represented by Greg Frnka of GPF Architects, LLC. Mayor Wes Mays opened the Public Hearing. Councilmember Don Carroll requested an Executive Session to seek legal advice from City Attorney at 7:59 p.m. City Council adjourned Executive Session and reconvened the Public Hearing at 8:13 p.m. Senior Planner Mary Paron-Boswell gave a presentation to City Council. The applicant, being represented by Greg Frnka of GPF Architects, was present to answer questions from City Council. Page 6City of Coppell, Texas 24 December 10, 2024City Council Minutes Mayor Wes Mays called on those who signed up to speak during the Public Hearing: 1) Nicolas Erlinger, 1720 W. Virginia Street, McKinney, TX, spoke on behalf of the applicant and the proposed zoning change. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Don Carroll, to close the Public Hearing and approve this agenda item subject to the following conditions: 1. There may be additional comments during the building permit and detailed engineering review. 2. A replat will be required. 3. The installation of a southbound left turn deceleration lane on Belt Line Road at the existing median opening serving this site. 4. Building elevations be approved as presented, however building must provide for noise attenuation for all the windows on the building as well as all exterior walls include continuous insulation on the outside of the studs with a minimum of R-19 insulation. 5. Site lighting shall meet City of Coppell requirements. 6. To allow for parking as shown on the plans. 7. To allow for four stories and a height up to 60-ft 8. To not restrict the number of three-bedroom units. 9. Amend the Future Land Use Plan to Urban Residential Neighborhood. 10. To require HOA (Condominium Association) documents prior to filing the plat. 11. Added Condition related to Fire Lane. The motion failed by the following vote (1-5): Aye (1) - Councilmember Ramesh Premkumar Nay (5) - Mayor Pro Tem Kevin Nevels, Councilmember Jim Walker, Councilmember Brianna Hinojosa-Smith, Councilmember Don Carroll, Councilmember Mark Hill 12.PUBLIC HEARING: Consider approval of the reauthorization of building permit fees for construction, renovation, or remodeling of a structure. Chief Building Official Stephen Schubert gave a presentation to City Council. Mayor Wes Mays opened the Public Hearing and stated that no one had signed up to speak. A motion was made by Councilmember Jim Walker, seconded by Councilmember Brianna Hinojosa-Smith, to close the Public Hearing and approve the agenda item. The motion passed by an unanimous vote. 13.Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Solid Waste Collection Fees per the contract with Republic, amending Chapter 15, Coppell City Code (Buildings) of the Master Fee Schedule, respectively; and authorizing the Mayor to sign. Page 7City of Coppell, Texas 25 December 10, 2024City Council Minutes Strategic Financial Engagement Director Kim Tiehen gave a presentation to City Council. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Mark Hill, that this agenda item be approved. The motion passed by an unanimous vote. Enactment No: RE 2024-1210.2 14.Consider approval of Resolutions casting votes for the Board of Directors for the Dallas Central Appraisal District and the Denton Central Appraisal District; and authorizing the Mayor to sign. A motion was made by Councilmember Don Carroll, seconded by Mayor Pro Tem Kevin Nevels, to elect Clyde C. Hairston to the Dallas Central Appraisal District Board of Directors. The motion passed by an unanimous vote. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Mark Hill, to elect Raymond Martin to the Denton Central Appraisal District Board of Directors. The motion passed by an unanimous vote. Enactment No: RE 2024-1210.3 and RE 2024-1210.4 15.Report on City’s response to cyber security event. Enterprise Solutions Director Josh Littrell gave a presentation to City Council regarding the recent cyber security event. City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 16. City Manager Mike Land gave the following project updates: Magnolia Park Trail – The contractor has completed the access road to the work site and is continuing to work on dewatering the pond. Woodhurst – The contractor is working on the sidewalk construction, irrigation repairs and final landscaping. The project will be completed by the end of the month. DART – The contractor will begin painting the bridge over S. Belt Line this week with daily lane closures. Fire Station #5 – The roof decking is almost complete. Service Center – The new parking lot and new asphalt paving will be completed within the next week. The new building construction will start this month. 635/Belt Line U-Turn – TxDOT will finish the last of the overnight closures of 635 this week for bridge work. Freeport/Northwestern Traffic Signal – The contractor is installing the underground conduit for the signal. Page 8City of Coppell, Texas 26 December 10, 2024City Council Minutes S. Belt Line – The foundation for the electronic sign is installed. The sign is expected to be installed within the next couple of weeks. Make a Child Smile - This year we were able to provide gifts to 277 children in our community. Thank you to the community members that adopted children and provided gifts to these families. Another thank you to the Coppell businesses that also adopted families, hosted toy and clothing drives, and are delivering the gifts later this week. This program would not be successful without a large shared effort between the community members, businesses, and City of Coppell staff! Mayor and Council Reports on Recent and Upcoming Events.17. This year’s parade was cancelled due to weather, but the Tree Lighting and Drone Show have been rescheduled to December 11 from 6 to 8 p.m. Activities will include: • Tree lighting • Drone show • Train rides • Petting Farm • Santa visits • Letters to Santa • DJ playing holiday music • Food vendors: DonutNV and Mama Moore’s Popcorn (and possibly more!) Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 18. There were no public service announcements. Necessary Action from Executive Session19. There was no necessary action from Executive Session. Adjournment20. There being no further business before this Council, the meeting adjourned at 9:02 p.m. ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 9City of Coppell, Texas 27 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7839 File ID: Type: Status: 2025-7839 Agenda Item Consent Agenda 1Version: Reference: In Control: Public Works 01/02/2025File Created: Final Action: Bucket Truck ProcurementFile Name: Title: Consider approval to purchase one (1) Ford F550 Aerial Bucket Truck from Altec Inc.; through Sourcewell Purchasing Cooperative #040924-ALT; for replacement of existing vehicle; in the amount of $187,804.00; as provided for in the Capital Replacement Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7839 Title Consider approval to purchase one (1) Ford F550 Aerial Bucket Truck from Altec Inc.; through Sourcewell Purchasing Cooperative #040924-ALT; for replacement of existing vehicle; in the amount of $187,804.00; as provided for in the Capital Replacement Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $187,804.00 as provided for in the Capital Replacement Fund. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 1/10/2025 28 Master Continued (2025-7839) Sustainable Government Page 2City of Coppell, Texas Printed on 1/10/2025 29 1 MEMORANDUM To: Mayor and City Council From: Casey McCaughan, Fleet Services Manager Mike Garza, P.E., Director of Public Works Date: January 14, 2025 Reference: Consider approval to purchase one (1) Ford F550 Aerial Bucket Truck from Altec Inc.; through Sourcewell Purchasing Cooperative #040924-ALT; for replacement of existing vehicle; in the amount of $187,804.00; as provided for in the Capital Replacement Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to seek approval from Council for purchase of one (1) Ford F550 Aerial Bucket Truck from Altec Inc. through Sourcewell Purchasing Cooperative #040924-ALT; for replacement of existing Public Works/Traffic Aerial Bucket Truck in the amount of $187,804 from the Capital Replacement Fund. Background: To operate a clean, efficient, and reliable fleet, Public Works sets an initial life expectancy on all vehicles & equipment introduced into the fleet. During its service life, each vehicle & piece of equipment is subject to close monitoring of availability, operating cost, accumulated miles/hours, condition, obsolescence, and the ability to perform required tasks. The vehicle being replaced has reached the end of useful service life and it has been determined that replacement is necessary. Benefit to the Community: This vehicle is an essential piece of equipment in the everyday operations of Public Works, Traffic Division to help provide our community with well-maintained city infrastructure. Legal Review: The Procurement Division has reviewed the documents and determined that this is an appropriate method of contracting with the vendor. 30 2 Fiscal Impact: The fiscal impact of this Agenda Item is $187,804.00 as provided for in the Capital Replacement Fund. Recommendation: The Public Works Department recommends approval of this item. 31 32 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7855 File ID: Type: Status: 2025-7855 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 01/06/2025File Created: Final Action: MacArthur Park Shade StructuresFile Name: Title: Consider approval of a purchase for the replacement of seven (7) bleacher cover shade structures at the MacArthur Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $75,651.46 utilizing funds in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7855 Title Consider approval of a purchase for the replacement of seven (7) bleacher cover shade structures at the MacArthur Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $75,651.46 utilizing funds in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: [The fiscal impact of this agenda item is $8,359.46 from the Coppell Recreation Development Corporation (CRDC) fund. The remaining $67,292.00 will be covered by insurance reimbursement. Page 1City of Coppell, Texas Printed on 1/10/2025 33 Master Continued (2025-7855) Staff Recommendation: The Community Experiences Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 1/10/2025 34 1 MEMORANDUM To: Mayor and City Council From: David Ellison, Park Operations Manager Jessica Carpenter, Director of Community Experiences Date: January 14, 2025 Reference: Consider approval of a purchase for the replacement of seven (7) bleacher cover shade structures at the MacArthur Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $75,651.46 utilizing funds in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign. 2040: Sustainable City Government: Excellent and Well-Maintained City Infrastructure and Facilities Introduction: The purpose of this agenda item is to seek approval of a purchase for the replacement of seven (7) bleacher cover shade structures at the MacArthur Park Baseball Complex from Shade Structures, Inc. DBA USA Shade, in the amount of $75,651.46 utilizing funds in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22. Background: The baseball bleacher cover shade structures provide relief from the sun and heat for teams and spectators during games on fields 1-7 at the MacArthur Park Baseball Complex. They also provide protection from foul balls hit into the spectator area. These bleacher cover shade structures were damaged during a severe weather event on May 28, 2024. An insurance claim was filed with the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) regarding the loss of property and the claim was approved. An initial payment to the City of $32,396.00 was received from TMLIRP. Once the installation of the new bleacher covers has been completed and a final invoice has been received from USA Shade, TMLIRP will release a check to the City for $34,896 for the recoverable depreciation of the old bleacher covers. The total compensation received from TMLIRP would cover $67,292 of the total cost. 35 2 Benefit to the Community: The replacement of these shade structures will provide relief from the sun and heat for the baseball teams and spectators. It will also give athletic field patrons a safer and more enjoyable experience. Legal Review: The Procurement Division has determined this is an appropriate method of contracting with this vendor. Fiscal Impact: The fiscal impact of this agenda item is $75,651.46, utilizing funds from the Coppell Recreation Development Corporation (CRDC) fund. Insurance reimbursement of $67,292 is expected. Recommendation: The Community Experiences Department recommends approval of this item. 36 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 MacArthur Park – Buy Board #679-22 Fabric Replacement Proposal Pricing Valid for 30 Days Project Information: Sales Information: Purchaser: City of Coppell Contact: Ellison, David Sales Rep: Staib, Halle Project Name: MacArthur Park - Fabric Phone: (972) 462-5119 Phone: (832) 405-0888 Quote No: TX0824HS16085-R0 Email: dellison@coppelltx.gov Email: Halle.Staib@usa- shade.com Billing Address Information: Shipping Address Information: Jobsite Information: Name: City of Coppell Community Experiences Name: City of Coppell Community Experiences Name: City of Coppell Community Experiences Address: 255 Parkway Blvd Address: 345 Freeport Pkwy Address: 255 Parkway Blvd City: Coppell City: Coppell City: Coppell State: TX State: TX State: TX Zip Code: 75019 Zip Code: 75019 Zip Code: 75019 Contact: David Ellison Contact: David Ellison Contact: David Ellison Email: dellison@coppelltx.gov Email: dellison@coppelltx.gov Email: dellison@coppelltx.gov Phone: (972) 462-5119 Phone: (972) 462-5119 Phone: (972) 462-5119 NOTE : This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, CORPORATE ADDRESS: 2580 Esters Blvd., Suite 100 DFW Airport, TX 75261 MAILING ADDRESS: P.O. Box 3467 Coppel, TX 75019 REMITTANCE ADDRESS: P.O. Box 734158 Dallas, TX 75373- 4158 SOUTHERN CALIFORNIA: 1085 N. Main Street, Suite C Orange, CA 92867 NORTHERN CALIFORNIA: 927 Enterprise Way, Suite A Napa, CA 94558 ARIZONA: 2415 S. 18th Place Phoenix, AZ 85024 LAS VEGAS: 3111 So. Valley View Blvd. Suite B-117 Las Vegas, NV 89102 37 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above. PRODUCTS PRICING TOTALS: PAYMENT TERMS Unit Total See Total Below Payment terms subject to credit evaluation and approval Shipping/Handling *Subject to market fluctuation Included ENGINEERING REQUIREMENTS SUBTOTAL See Total Below Building Code Wind Loads Snow Loads Sales Tax Exempt Engineering Excluded ENGINEERING NOTES Installation Included TOTAL PRICE $75,651.46 SCOPE OF WORK/NOTES Quote includes the fabric and installation of 7 grommeted wrap-around shade structures located at MacArthur Park. Each panel is measured but the large section measurements are listed below. Field #1: 15’10 x 88’6 Field #2: 15’10 x 98’5 Field #3: 15’9 x 98’9 Field #4: 15’11 x 98’10 Field #5: 16’ x 98’7 Field #6: 15’10 x 98’2 Field #7: 15’9 x 98’10 Approximately 10,600 sq ft Fabric type is Shadesure in color Royal Blue *Warranty is not valid for the fabric due to the structures not being ours and their being grommeted. * INCLUSIONS / EXCLUSIONS INCLUDED / EXCLUDED ENGINEERING REQUIREMENTS INCLUDED / EXCLUDED INSTALLATION - MISCELLANEOUS Excluded Sealed Drawings & Calculations Excluded Prevailing Wage / Certified Payroll Excluded Permit Fee Excluded Union Wages Excluded Fencing Excluded Water and Electrical Excluded Payment and Performance Bonds 38 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Construction Assumptions 1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working. 4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work. 5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction. 8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order. 9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation. 39 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 GENERAL TERMS & CONDITIONS AND WARRANTY 1) Proposal: The above proposal is valid for 15 days from the date first set forth above. After 15 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable. 2) Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”). 3) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 4) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time. 5) Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner: “The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.” 40 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 6) Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of theCompany’s standard insurance is available for your review prior to acceptance of the Company’s proposal. 7) Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 8) Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 9) Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying: Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser. 10) Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes. 11) Return Policy for USA Shade: At USA Shade, we strive to provide high-quality shade structures that are built to order and tailored to meet the unique needs of our customers. Due to the nature of our business and the customization involved, we have implemented the following return policy: 1. No Cancellations or Changes: Once an order has been released for production, we cannot accept any cancellations or changes to the order. It is crucial for customers to review their order details carefully before finalizing the purchase. 2. No Returns: Due to the customized nature of our shade structures, we do not accept returns. Once the order has been delivered and installed, it is considered a final sale. We encourage customers to thoroughly assess their requirements and specifications before ordering. 3. Product Quality Assurance: We take pride in delivering high-quality shade structures that meet industry standards. Our products undergo rigorous quality control measures to ensure they meet or exceed customer expectations. In the 41 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 unlikely event that there is a manufacturing defect or an issue with the product, please get in touch with our customer service department immediately for assistance. 4. Warranty Coverage: Our shade structures are backed by a warranty against manufacturing defects or material faults. If you encounter any issues the warranty covers, please take a look at our warranty policy for more instructions on how to proceed. 5. Customer Support: We are committed to providing excellent customer service throughout your purchasing journey. If you have any questions or concerns or need help with your order, our dedicated customer support team is here to help. Don’t hesitate to contact us via phone, email, or our website's contact form, and we will gladly assist you. It is essential for customers to understand and acknowledge these terms and conditions before placing an order with USA Shade. Customers agree to abide by this return policy by proceeding with a purchase. 12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by dra wings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region) 13) Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser. 42 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 14) Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15. 15) Statement of Limited Warranty: • The structural integrity of all supplied steel is warranted for ten years. • If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly. • All steel surface finishes are warranted for one year. • Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms: o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty; o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty; o Precontraint 502™ waterproof membrane is subject to an eight year pro - rated warranty. • Sewing thread is warranted for ten years. • These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form. • In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered. • The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular 43 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color. • Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at warranty@usa-shade.com for more details. • All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to warranty@usa-shade.com. • Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA. • These limited warranties are void if: o the supplied structures, products, services and/or labor are not paid for in full; o the structures are not assembled in strict compliance with USA SHADE specifications; o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company. Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company. • These limited warranties do not cover defects and/or damages caused by: o normal wear and tear; o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.); o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures; o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order. • The limited warranties explicitly exclude: o workmanship related to assembly not provided by the Company or its agents; o fabric curtains, valances, and flat vertical panels; o fabric tops installed on structures that were not engineered and originally supplied by the Company. • THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF 44 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY. • THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd. Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd. Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. 16) Assembly/Installation: • Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed. • Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility. • Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges. • If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation. • Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. • Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation. 45 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 17) Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable). 18) Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer. 19) Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly. 20) Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company. 21) Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor. 22) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof. 23) Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder. 24) No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement. 46 www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 25) Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas. 26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns. 27) Electronic Signatures. Each party agrees that the electronic signatures of the parties to this Agreement, whether digital or encrypted, including but not limited to the use of a typed name, are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including but not limited to typed or email electronic signatures. PURCHASER: SELLER: Shade Structures, Inc. DBA USA Shade NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc. Signature: By: Title: Date: Signature: By: Title: Date: 47 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7854 File ID: Type: Status: 2025-7854 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 01/06/2025File Created: Final Action: Concrete Seam RepairsFile Name: Title: Consider approval of an award to C&J Designs and Solutions of East Texas, LLC, for the Concrete and Seam repairs in Park Trails and Sidewalks, in the amount of $294,383.50 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through TIPS Contract No. 22010701; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7854 Title Consider approval of an award to C&J Designs and Solutions of East Texas, LLC, for the Concrete and Seam repairs in Park Trails and Sidewalks, in the amount of $294,383.50 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through TIPS Contract No. 22010701; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this agenda item is $294,383.50, as budgeted in the Coppell Recreation Development Corporation (CRDC) fund. Page 1City of Coppell, Texas Printed on 1/10/2025 48 Master Continued (2025-7854) Staff Recommendation: The Community Experiences Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 1/10/2025 49 1 MEMORANDUM To: Mayor and City Council From: David Ellison, Park Operations Manager Jessica Carpenter, Director of Community Experiences Date: January 14, 2025 Reference: Consider approval of an award to C&J Designs and Solutions of East Texas, LLC, for the Concrete and Seam repairs in Park Trails and Sidewalks, in the amount of $294,383.50 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through TIPS Contract No. 22010701; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable City Government: Excellent and Well-Maintained City Infrastructure and Facilities Introduction: This item is presented to consider approval of an award to C&J Designs and Solutions of East Texas, LLC, for the Concrete and Seam repairs in Park Trails and Sidewalks, in the amount of $294,383.50 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through TIPS Contract No. 22010701. Background: The Community Experiences Department has over twenty-three (23) miles of concrete trails within our Parks System. The trails and sidewalks to facilities and athletic fields are utilized daily by citizens, park patrons and youth sports association participants. There are concrete panels within the trails and sidewalks that have reached the end of their service life due to thermal movement and need to be replaced. The Park Operations budget in past years has only accounted for minor concrete repairs and replacing the expansion joints and seams was not a top priority. However, through close monitoring by staff the past two years, and taking into consideration the recent weather events, the need to perform these larger repairs is critical for us to avoid larger problems in the future. The replacement of the expansion joints and seams within the trail system and sidewalks will also extend the service life of the existing serviceable concrete panels. Benefit to the Community: The replacement of these expansion joints/seams and damaged concrete panels will prolong the life 50 2 expectancy of the concrete trail infrastructure while offering park patrons a safe and enjoyable experience. Legal Review: The procurement division has determined it is an appropriate method of contracting with this vendor. Fiscal Impact: The fiscal impact of this agenda item is $294,383.50, as budgeted in the Coppell Recreation Development Corporation (CRDC) fund. Recommendation: The Community Experiences Department recommends approval of this item. 51 Tips Contract CONTRACTOR: C & J's Designs and Solutions of East Texas, LLC Contract No. DPR #: Coppell Signature Sign Date: Sent Date: Work Location:Job/Phase: City of Coppell Concrete and Seam Repair - Park Trails, Athletic Facilities, and Sidewalks Item #Unit Qty C & J's Price $C & J's 1 REMOVE 6" TO 8" THICK REINFORCED CONCRETE SY 325 49.50$ 16,087.50$ 4 REMOVE 4" TO 5" CONCRETE SIDEWALK SY 375 49.50$ 18,562.50$ 5-1 4" CONCRETE SIDEWALK (3500 P.S.I. )SY 375 60.69$ 22,758.75$ 7-1 6" (4500 P.S.I.) CONCRETE SY 325 60.11$ 19,535.75$ 25 BARRIER FREE RAMPS (5' SIDEWALK)EA 1 3,120.00$ 3,120.00$ 26 BARRIER FREE RAMPS (6' SIDEWALK)EA 1 3,600.00$ 3,600.00$ 28 SIDEWALK CURB 6"LF 40 16.17$ 646.60$ 30 6" INTEGRAL CURB CONCRETE LF 190 17.36$ 3,298.40$ 31 6" CONCRETE DRIVE APPROACH UP TO CONNECT SY 20 108.54$ 2,170.80$ 34 REMOVE CURB AND GUTTER LF 60 13.37$ 801.90$ 35 24" CURB AND GUTTER TO INCLUDE 6" CURB 0 LF 60 38.40$ 2,304.00$ 39 SDHPT (GRADE 2) TYPE A FLEX BASE PROVIDE TON 60 57.00$ 3,420.00$ 51 SAW CUT FULL DEPTH CONCRETE LF 1248 2.10$ 2,620.80$ 55 SOD ALL DISTURBING SIDES CONSTRUCTION SY 40 40.80$ 1,632.00$ 56 UNCLASSIFIED EXCAVATION CY 60 42.00$ 2,520.00$ 61 ADJUST MANHOLE TO GRADE EA 4 148.50$ 594.00$ 64 IRRIGATION REPAIR LF 249 7.20$ 1,792.80$ 65 SPRINKLER HEAD REPAIR EA 25 60.00$ 1,500.00$ 66 ADJUST SEWER CLEANOUTS EA 1 148.50$ 148.50$ 67 ADJUST VALVE BOXES EA 1 187.00$ 187.00$ 68 RELOCATE EXISTING GROUND BOX EA 1 209.10$ 209.10$ Misc.-CS REMOVE AND REPLACE CRACK SEAL LF 1976 3.57$ 7,054.32$ Misc.-EJ REMOVE AND REPLACE EXPANSION JOINTS LF 23627 6.45$ 152,394.15$ Misc.-CJ REMOVE AND REPLACE CONSTRUCTION JOINTS LF 1688 5.25$ 8,862.00$ Misc.-CJ-1 REMOVE AND REPLACE SEAL REGULAR CURB LF 750 5.50$ 4,125.00$ Misc.-EJ-1 REMOVE AND REPLACE SEAL EXPANSION CURB LF 750 6.80$ 5,100.00$ Misc.-S REMOVE AND REPLACE SEAL SAW JOINTS LF 1250 2.55$ 3,187.50$ Misc.-CS-1 REMOVE AND REPLACE CRACK SEAL ABOVE 1/8"LF 1000 3.90$ 3,900.00$ Asphalt - 2 MISC. 1" - 2" ASPHALT REPAIRS 1,500 Sq Ft Min SF 0 3.90$ -$ Asphalt - 3 MISC. 3" ASPHALT REPAIRS 1,500 Sq Ft Min SF 0 5.25$ -$ Asphalt -6 MISC. 4" -6" ASPHALT REPAIRS 1,500 Sq Ft Min SF 0 6.75$ -$ Asphalt-Minimum REMOVE AND REPLACE ASPHALT MINIMUM CALL OUT EA 0 5,500.00$ -$ 83 MOB IN AND MOB OUT EA 1 2,250.00$ 2,250.00$ 84 TRFFIC CONTROL (BARRICADES, SIGNS, PLANS,ETC.. COST PLUS) DAILY 0 420.00$ -$ 85 HOURLY RATE FOR ITEMS NOT COVERED HR 0 69.00$ -$ Totals:294,383.50$ Name of Company C & J's Designs and Solutions of East Texas, LLC Print Name Christopher Mertes Sign Date 12/6/2024 12/6/2024 City of Coppell Streets / Alleys / Sidewalks / ADA C & J's Designs and Solutions of East Texas, LLC 1012 W Main St Como, Tx 75431 - 430-252-9452 22010701 52 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7840 File ID: Type: Status: 2025-7840 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 01/03/2025File Created: Final Action: TRA - ResolutionFile Name: Title: Consider approval of a Resolution by the City Council of Coppell, Texas, endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Resolution.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7840 Title Consider approval of a Resolution by the City Council of Coppell, Texas, endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System; and authorizing the Mayor to sign. Summary The purpose of this agenda item is to consider approval of a resolution by the City Council of Coppell, Texas, endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System. Fiscal Impact: N/A Staff Recommendation: Staff recommends approval Page 1City of Coppell, Texas Printed on 1/10/2025 53 Master Continued (2025-7840) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 1/10/2025 54 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 14, 2024 Reference: Consider approval of a Resolution by the City Council of Coppell, Texas, endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: The purpose of this agenda item is to consider approval of a resolution by the City Council of Coppell, Texas, endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System. Background: Last month, the City of Coppell amended its Code of Ordinances by repealing Chapter 11, “Industrial Waste and Sewer Use Regulation,” in its entirety and replaced it with a new Chapter 11, “Industrial Waste and Pollution Ordinance,” to maintain compliance with state and federal regulations. To further ensure compliance, the Trinity River Authority (TRA) has requested approval of a resolution endorsing the implementation of a continuing pretreatment program, as required by 40 CFR 403. This resolution includes specific language necessary for implementing and maintaining the pretreatment program, which is required by the Texas Commission on Environmental Quality (TCEQ). The City of Coppell contracts with TRA for industrial inspection services, industrial sampling services, analytical services, and treatment services through the Central Regional Wastewater System (CRWS.) This partnership protects the City’s wastewater collection system, ensures proper monitoring of industrial users, and ensures compliance with the Clean Water Act and General Pretreatment Regulations. 55 2 There is no additional financial impact associated with this resolution. The resolution solidifies the City of Coppell’s willingness to continue funding its industrial waste pretreatment program as specified in its contract with TRA. The contract amount of $9,500.00, approved by the City Council in September, remains unchanged from the previous fiscal year. All expenses incurred by the Environmental Health Division for inspections and sampling are charged back to the industrial users. Upon approval, the City of Coppell will notify TRA of the resolution’s approval. TRA will then forward the resolution to TCEQ as required, affirming the City’s commitment to continuing all pretreatment activities in compliance with state and federal guidelines. Benefit to the Community: This resolution protects the City of Coppell’s wastewater collection system and ensures that all industrial uses of the system are properly monitored. It also ensures that the City complies with all applicable state and federal laws, including the Clean Water Act and the General Pretreatment Regulations. Legal Review: The City Attorney has reviewed this item. Fiscal Impact: N/A Recommendation: The Community Development Department recommends approval of this item. 56 RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL TEXAS, ENDORSING THE IMPLEMENTATION OF A CONTINUING PRETREATMENT PROGRAM AS REQUIRED BY 40 CFR 403 FOR THE CENTRAL REGIONAL WASTEWATER SYSTEM. WHEREAS, on June 26, 1978, the United States Environmental Protection Agency published a rule (Amended January 28, 1981) which established mechanisms and procedures for enforcing National Pretreatment Standards controlling the introduction of wastes from non- domestic sources into Publicly Owned Treatment Works (POTWs); and WHEREAS, this rule, 40 CFR 403, requires that a Pretreatment Program be developed for the Regional Wastewater System, and WHEREAS, the Trinity River Authority of Texas, as the owner and operator of a POTW, must comply with rule 40 CFR 403; and WHEREAS, the City, as a contracting party of the Central Regional Wastewater System, has entered into an Amendatory Wastewater Contract with the Trinity River Authority of Texas whereby the City has enacted ordinances that are necessary to implement and enforce the National Pretreatment Standards; and WHEREAS, 40 CFR 403.9 (b) requires a statement or resolution reflecting the endorsement or approval of the local boards or councils responsible for supervising and/or funding the POTW; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: That the City of Coppell, Texas, hereby endorses the implementation of a pretreatment program as required by 40 CFR 403 for the Regional Wastewater System with such program to continue as long as 40 CFR 403 remains in effect. DULY ADOPTED by the City Council of the City of Coppell, Texas, on the 14th day of January 2025. 57 APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY 58 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7857 File ID: Type: Status: 2025-7857 Agenda Item Consent Agenda 2Version: Reference: In Control: Fire 01/07/2025File Created: Final Action: Fire Station 5 - FSA EquipmentFile Name: Title: Consider approval for the purchase of the Fire Station Alerting System at Fire Station #5 by U.S. Digital Designs, HGAC Contract #EC07-23 in the amount of $80,627.42, to be funded from a deductive change order from the GMP; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7857 Title Consider approval for the purchase of the Fire Station Alerting System at Fire Station #5 by U.S. Digital Designs, HGAC Contract #EC07-23 in the amount of $80,627.42, to be funded from a deductive change order from the GMP; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this purchase is $80,627.42, funded from a deductive change order from Byrne Construction’s GMP. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 1/10/2025 59 Master Continued (2025-7857) Sustainable Government Page 2City of Coppell, Texas Printed on 1/10/2025 60 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Date: January 14, 2025 Reference: Consider approval for the purchase of the Fire Station Alerting System at Fire Station #5 by U.S. Digital Designs, HGAC Contract #EC07-23 in the amount of $80,627.42, to be funded from a deductive change order from the Guaranteed Maximum Price (GMP) and authorizing the City Manager to sign. 2040: Sustainable Government Introduction: Consider approval for the purchase of the Fire Station Alerting System at Fire Station #5 by U.S. Digital Designs, HGAC Contract #EC07-23 in the amount of $80,627.42, to be funded from a deductive change order from the GMP and authorizing the City Manager to sign. Background: On May 14, 2024, the City Council approved the construction of Fire Station #5. The project is currently well underway and is expected to be complete in summer of 2025. This request is to purchase the Fire Station Alerting System from U.S. Digital Systems (USDD). They are the current vendor for the other four Coppell Fire Stations. The original GMP included the USDD purchase, however, USDD is unable to contract directly with Byrne Construction, as they are not a licensed installer. The City of Coppell Fire Department is considered a licensed installer. Byrne Construction will be providing a deductive change order for the Fire Station #5 project and the City of Coppell will be contracting directly with USDD to purchase the Station Alerting. This process will be moving the purchase from Byrne to the City of Coppell. In past Fire Station projects, this was considered “owner provided” and was not within the scope of the (GMP) construction and were funded appropriately in the overall project budget. This alerting system is consistent with the other four Coppell Fire Stations and will ensure that we meet the National Fire Protection Association (NFPA) requirements for emergency notification capabilities and maintain the Insurance Service Office ISO Class 1 standards for alerting. This system integrates the fire station alerting system directly with the Computer Aided Dispatch (CAD) system to provide automated enunciation of the alerting allowing the notification to be initiated even before 61 2 the 911 dispatcher has completed the call-taking portion of the call for service. This results in the most efficient method of emergency notification and provides the highest level of service. Benefit to the Community: By approving this purchase, the fire station alerting system will be consistent among all stations, allowing automated alerting and notification for the most efficient emergency notification and highest level of service to maintain the current ISO rating. Legal Review: Agenda item did not require legal review. Fiscal Impact: The fiscal impact of this purchase is $80,627.42, funded from a deductive change order from Byrne Construction’s GMP. Recommendation: The Fire Department is recommending approval of this item. 62 Quotation to: City of Coppell Coppell Fire Department Project: G2 Fire Station Alerting System One (1) Station System - FS5 Proposal number: TX-COPP005 Revision # 5 HGAC Contract #EC07-23 Quote Date: 04-Nov-2024 Quote Expires: 2-Feb-2025 By: Jeff King Territory Manager US Digital Designs, Inc. 1835 E Sixth St #27 Tempe, AZ 85281 513-667-7770 602-687-1730 jeff.king@honeywell.com stationalerting.com Installation by: Self Install Chris Price This proposal is subject to corrections due to errors or omissions PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 12 63 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:11/4/2024 Expires:2/2/2025 Quote SUBMITTED TO: City of Coppell Coppell Fire Department REF PROPOSAL STATION-LEVEL Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT Ea USDD 1 G2-VA G2 VOICEALERT - Single Station License. $ 1,102.50 $ 992.25 $ 992.25 Ea/Yr USDD 24 G2-APP-DLA G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX are offered at $0.00 cost each as long as system is currently under warranty or elected recurring annual support coverage. $ 15.00 $ 13.50 No Charge Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT Kit USDD 1 ATX G2 ATX STATION CONTROLLER - Power/Signal/Control up to 8 peripheral Remote Options. 4 Unique Amps/Zones available. $ 23,272.50 $ 20,945.25 $ 20,945.25 Kit USDD 1 ATX-EXP G2 EXPANSION KIT - Allows ability to Power/Signal/Control up to 12 more peripheral Remote options per EXP. $ 7,838.00 $ 7,054.20 $ 7,054.20 Ea TBD 1 UPS-STD ATX UPS, Standard $ 988.00 $ 889.20 $ 889.20 Ea TBD 1 UPS-WMB Shelf/Bracket, Wall-Mount for UPS $ 75.00 $ 67.50 $ 67.50 Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT Ea USDD 2 PB-B Push Button, Standard (Black) $ 126.50 $ 113.85 $ 227.70 Ea USDD 2 PB-R Push Button, Emergency (Red) $ 126.50 $ 113.85 $ 227.70 Ea USDD 1 MR-2 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 1,372.50 $ 1,372.50 Ea USDD 5 USDD-LCD-SIGN NEW PRODUCT COMING SOON See USDD-LCD-SIGN Notice at end of quote: G2 LCD MESSAGE SIGN / 28" Active Screen width / Configurable display $ 4,000.00 $ 3,600.00 $ 18,000.00 Ea USDD 7 RR-2 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 1,950.30 $ 13,652.10 Ea USDD 1 LAR G2 Local Alerting Remote Module - Gives ability to trigger the local G2 FSA System when a connection to a dispatch-level sytem in not available. Requires ATX PoE or PoE Injector. $ 2,329.00 $ 2,096.10 $ 2,096.10 Ea USDD 15 SPK-LED-FM G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v $ 374.00 $ 336.60 $ 5,049.00 Ea USDD 1 SPK-OAS G2 SPEAKER - OmniAlertStrobe - Omnidirectional Alerting Speaker, optimized for high Vocal Intelligibility in large open indoor areas and with High-Intensity LED Strobe Light $ 1,050.00 $ 945.00 $ 945.00 TX-COPP005 v5 STATION 05 Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.TX_CPPL.FS05 STATION SYSTEM LICENSES STATION SYSTEM CONTROLLER STATION SYSTEM PERIPHERAL COMPONENTS PROPRIETARY and CONFIDENTIAL STATION 05 SYSTEM Page 2 of 12 64 Ea USDD 8 SPK-STD-FM SPEAKER - STANDARD, FLUSH Mount, 70v $ 126.00 $ 113.40 $ 907.20 Ea USDD 4 SPK-STD-SM SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v $ 126.00 $ 113.40 $ 453.60 Ea USDD 4 SPK-W-SM SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v $ 373.75 $ 336.38 $ 1,345.50 Ea USDD 1 STR-2 G2 Strobe Light / Red LED $ 661.50 $ 595.35 $ 595.35 Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT Ea USDD 1 ST-SU Station Configuration & Start-Up $ 2,756.94 $ 2,481.25 $ 2,481.25 Ea USDD 1 ST-PM Station Project Management $ 1,666.67 $ 1,500.00 $ 1,500.00 Ea USDD 1 ST-ES Station Engineering / Design Services $ 444.44 $ 400.00 $ 400.00 Ea USDD 1 ST-DM Station Documentation $ 44.47 $ 40.02 $ 40.02 Unit Mfr Qty Part No.Description US List Unit QUOTE UNIT QUOTE EXT YR USDD 0.0 RS-1YR-STD [STANDARD] 1st YEAR WARRANTY & SUPPORT $ 8,313.35 $ 7,482.02 no charge YR USDD 0.0 RS-AYR-STD [STANDARD] EACH ADDITIONAL YEAR (12- Months) WARRANTY & SUPPORT $ 8,313.35 $ 7,482.02 $ - 79,241.42$ 1,386.00$ -$ -$ 80,627.42$ STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT STATION SYSTEM SERVICES STATION 05 System: Shipping: Warranty & Support: Estimated Tax: STATION SUBTOTAL: This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD. Warranty & Support Notes: Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations. For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations. PROPRIETARY and CONFIDENTIAL STATION 05 SYSTEM Page 3 of 12 65 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. Station System Installation Notes: 01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. PROPRIETARY and CONFIDENTIAL STATION 05 SYSTEM Page 4 of 12 66 Phoenix G2 LCD Message Sign Notice:At US Digital Designs by Honeywell,we want to ensure our customers have the opportunity to utilize the latest technology in Fire Station Alerting.We are continually improving our platform and releasing new products.In alignment with that goal, our engineering team is finalizing development on a next generation message sign for use in the Phoenix G2 Fire Station Alerting System. This product is not yet released, but is expected to be launched by the time your system is installed.We do not want our new customers to miss out on the opportunity to purchase the new equipment due to the lengthy procurement process. Thus, we are proactively including the new message sign in your quote. As the product is not yet launched -the final pricing, launch date, and product availability are subject to change.If for any reason the product launch is delayed beyond your system installation dates,we will give you the option to 1) substitute the current generation Gamma Signs and adjust the proceed accordingly or 2) postpone message sign installation until the product is launched. This may incur additional costs with your installer. PROPRIETARY and CONFIDENTIAL LCD SIGN NOTE Page 5 of 12 67 US Future Product Coming Soon QUOTE 1835 E. S ; USDD-LCD-SIGN Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:11/4/2024 Expires:2/2/2025 Quote SUBMITTED TO: City of Coppell Coppell Fire Department REF PROPOSAL 80,627.42 80,627.42 - - Notes: 80,627.42$ US Digital Designs System Total: One (1) Station System1 currently included in this proposal. Installation is not assumed or included by USDD - Customer is a Certified G2 Installer and will self-install the system. Includes:STATION 05 SYSTEM: STATION 05 WARRANTY & SUPPORT: STATION 05 ESTIMATED TAX: Section Totals STATION-LEVEL SUBTOTAL TX-COPP005 v5 SECTION TOTALS [UNLESS OTHERWISE NOTED, ALL PRICES ARE $US] PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 6 of 12 68 TERMS AND CONDITIONS OF USDD PRODUCT SALES These U.S.Digital Designs,Inc. terms and conditions of sale (“Terms and Conditions”) are effective March 1, 2022 (the “Terms and Conditions Effective Date”),and supersede all prior versions covering the sale of products and related services (collectively,“Products”,as defined more specifically below) by U.S.Digital Designs,Inc.(“USDD”).References to “Customer”,“you”,or “your”all pertain to the purchaser of Products. These Terms and Conditions, together with any separate agreement you may have with USDD that specifically references these Terms and Conditions (collectively,the “Agreement”)set forth the entire agreement between the parties relating to your purchase of USDD Products. The Agreement may only be modified by an authorized representative of each party in a signed writing. ORDERS. Orders (including any revised and follow-on orders) (each, an “Order”)for USDD Products are non-cancelable, except as expressly set forth herein, and will be governed by the terms of the Agreement.All Orders are subject to acceptance by USDD and shall include the following information: purchase order number;customer’s legal name and billing address; Customer’s shipping address; and a list of the Products and quantities for each different type of Product Customer wishes to order.USDD’s acknowledgment of its receipt of an Order shall not constitute acceptance of such Order. An Order is deemed to be accepted upon the earlier of (i)USDD’s written acceptance or (ii)shipment of the Products specified in the Order. Any conflicting, additional, and/or different terms or conditions on Customer’s Order or any other similar instrument are deemed to be material alterations and are rejected and not binding upon USDD. USDD’s acceptance of Customer’s Order is expressly conditioned upon Customer’s assent to the terms and conditions contained herein in their entirety. Customer’s acceptance of delivery from USDD constitutes Customer’s acceptance of these terms and conditions in their entirety. REMITTANCES. All invoices shall be due and payable upon receipt in United States currency, free of exchange or any other charges, or as otherwise agreed in writing by USDD. QUOTE PRICING.This proposal expires 30 days after its date.Prices are subject to correction for error. Prices,terms,conditions, and Product or Service specifications are subject to change without notice.Pricing is subject to immediate change upon announcement of Product discontinuance. PAYMENT. 4.1.Invoicing &Payment.USDD reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30) days from the date of the invoice, unless prepayment is required in the quote.If the Customer becomes overdue in any progress payment,USDD shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount allowed by law,and shall also be entitled to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or reimburse USDD for any and all reasonable attorneys’ fees and costs which are incurred by USDD in the collection of amounts due and payable hereunder. 4.2.Payment Disputes.Any disputes must be provided to USDD as soon as possible and must be accompanied by detailed supporting information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date.In the event that any portion of an invoice is undisputed, such undisputed amount must be paid by no later than the invoice due date. 4.3.No Set Off.Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off or recoup any invoiced amounts or any portion thereof against other amounts that are due or may become due from USDD,its parent,affiliates,subsidiaries or other legal entities, business divisions, or units. 4.4.Credit Card Payments. All USDD quotes are developed for the Customer with the understanding the eventualany purchase of the Products listed thereon willwould be facilitated usingsubject to USDD’s standard Purchase Order and Invoice process.If Ccustomer would rather seek to use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge. SURCHARGES. 5.1.In addition to any Product repricing under Section 8.2,USDD may,from time-to-time and in its sole discretion,issue surcharges on new and existing Orders in order to mitigate and/or recover increased operating costs arising out of or related to, without limitation:(a) foreign currency exchange variation, (b) increased cost of third-party content, labor and materials,(c)impact of government tariffs or other actions, and (d) any conditions that increase USDD’s costs,including without limitation increased labor, freight, material or supply costs,or increased costs due to inflation (collectively, “Surcharges”).Such Surcharges will not be considered a “price increase” as contemplated hereunder and will be effective upon notice to Customer.For avoidance of doubt,Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on backlog or which requested delivery more than twelve (12) months from the date of Order,are subject to Surcharges. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 7 of 12 69 5.2.USDD will invoice Customer, and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and Conditions.If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15) days,USDD may,in its sole discretion, withhold performance or future shipments, or combine any other rights and remedies under this Agreement or permitted by law,until the dispute is resolved.The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions. Any Surcharges, as well as the timing,effectiveness,and method of determination thereof,will be separate from and in addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions. CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay USDD for all work in progress, all inventoried or ordered project parts and materials, and all other costs incurred by USDD related to the Order. TAXES. USDD’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax USDD is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order placement, Customer furnishes USDD with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse USDD for any such payments made by USDD. ment is M SHIPPING/DELIVERY/RISK OF LOSS. 8.1.Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. USDD and its affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as defined in Section 17 below), and the estimated delivery date shall be extended accordingly. 8.2.Future Delivery and Repricing. USDD will schedule delivery in accordance with its standard lead times unless the Order states a later delivery date or the parties otherwise agree in writing. USDD will accept Orders with a future ship date of up to eighteen (18) months from the date of the entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry of the Order, USDD may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing of the Order to conform to the then-current prices of the USDD Products included in the Order. USDD will include any repricing in its final invoice related to the Order. 8.3.Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay USDD a storage fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not taken delivery of the Products in the Order. USDD will separately invoice any storage fees owed under this Section at the end of each month for which the storage fees are owed. 8.4.Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i) EX Works (EXW Incoterms 2020) USDD’s point of shipment (“USDD Dock”) for all shipments (except that USDD is responsible for obtaining any export license), and (ii) F.O.B. USDD Dock for all domestic shipments. For shipments from a USDD Dock to a Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. USDD shall be responsible for obtaining insurance on each shipment to Customer for the full value of the shipment. Shipment shall be to a single point of delivery. LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND USDD’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF USDD, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE, LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT USDD’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON USDD UNLESS SET FORTH IN WRITING AND SIGNED BY A USDD AUTHORIZED REPRESENTATIVE. 9.1.Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless USDD has otherwise provided an alternative written warranty (in which case the terms of such warranty will control), USDD warrants and guarantees its products will be free from defects in workmanship and materials (collectively, “Defects”) for 12 months from the date of shipment to Customer (“Warranty Period”). This limited warranty does not cover defects caused by normal wear and tear or maintenance. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 8 of 12 70 9.2.Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, USDD, at its option, will either (1) repair the Product defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for ninety (90) days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of its warranty obligation must be used in the same USDD Fire Station Alerting System for which the warranty claim is made. 9.3.Procedure for Warranty Claims. 9.3.1.Prior to making a Warranty claim,Customer is encouraged to review USDD’s online help resources. Thereafter,to make a valid claim hereunder, Customer must contact USDD technical support and describe the problem or defect with specificity.The first such contact must occur during the Warranty Period.USDD’s technical support contact information can be found on USDD’s web site at http://stationalerting.com/home/about-usdd/contact-usdd/. Customer must use its best efforts to assist in diagnosing defects,follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder. 9.3.2.Customer shall be responsible for appropriately packing and shipping Products,to USDD for repair, and shall bear all risks and costs associated withof, shipping any Product to USDD for repairthe same.USDD shall be responsible for, and bear all risks and costs of, returning any Product to Customer after repair or replacement, but Customer will be responsible for paying any customs or import duties payable upon receipt of any repaired or replacement Products.A replacement Product will be returned to Customer configured as it was when the Product was originally purchased, subject to applicable updates. 9.4.Return Material Authorization Process.If a Customer makes a warranty claim for a Product during the Warranty Period, the Customer shall provide USDD with the Product model and serial number and failure information to initiate the RMA process. Upon USDD’s issuance of the RMA, USDD will send the replacement Product, shipped postage paid ground shipping,to the address provided by Customer.RMA requests approved between 12:00 a.m.and 2:00 p.m.Mountain Standard Time are shipped on the same business day.After 2:00 p.m.Mountain Standard Time,the replacement Product is shipped on the next business day.All RMA requests are processed on the business day on which the request was received, excluding holidays. Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the Product that the Customer is returning.The original Product must be returned in the shipping box provided by USDD. No goods will be accepted for exchange or return without a pre-approved RMA number or which have not been properly packaged in USDD’s shipping box to ensure that goods are not damaged due to improper packing and the shipping process.The original Product must be shipped back within 10 days of receiving the replacement.Failure to return the original Product, or failure to return in an appropriate manner,will cause Customer to incur a replacement charge equal to full market value of the replacement Product. 9.5.No Fault Found.USDD reserves the right to charge 50% of the standard repair price if the returned Product is found to have no defect covered by the Warranty. Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return because the product is “old.” Product returns will not be allowed if,upon examination of the returned Product,it is determined that the Product was subjected to accident,misuse,neglect, alteration, improper installation, unauthorized repair, improper testing, or poor packaging upon return. In such event, USDD shall invoice Customer for the full market value of the replacement Product. 9.6.WARRANTY EXCLUSIONS & DISCLAIMERS. 9.6.1.USDD does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free.USDD further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number. 9.6.2.USDD does not warrant or support any system not installed by G2 Trained & Certified Installation technician (installer).If Customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant or support the Products unless USDD has had a chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations. 9.6.3.USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products.This Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose. 9.6.4.USDD cannot warrant nor support any system not using USDD-approved Uninteruptable Power Supply Battery Backup.This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty,if any. Recovery and reinstallation of hardware and user data (including passwords) are not covered under this Warranty. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 9 of 12 71 9.6.5.This Warranty does not apply: (a)to consumable parts,such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b)to cosmetic damage, including but not limited to scratches,dents and broken plastic on ports;(c)to damage caused by use with non-USDD products; (d)to damage caused by accident, abuse,misuse,flood, lightning,fire,earthquake or other external causes; (e)to damage caused by operating the Product outside the permitted or intended uses described by USDD;(f)to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g)to a Product or part that has been modified to alter functionality or capability without the written permission of USDD;(h)to Software (as defined below);(i)to any other damage caused by an event or action outside of USDD’s control, including, without limitation,Customer’s failure to apply required or recommended updatres or patches to any Software or Product; or (h)if any serial number has been removed or defaced. LIMITATIONS OF LIABILITY.TO THE EXTENT PERMITTED BY LAW,THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY,EXPRESS OR IMPLIED.AS PERMITTED BY APPLICABLE LAW,USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.If USDD cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law,all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller,agent, or employee is authorized to make any modification, extension, or addition to this Warranty.If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW,USDD IS NOT RESPONSIBLE FOR DIRECT,SPECIAL,INCIDENTAL, PUNITIVE,OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION,OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; AND LOSS OF,DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY,ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS. USDD’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO USDD FOR THE PRODUCTS GIVING RISE TO THE CLAIM. CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT GIVING RISE TO A CAUSE OF ACTION, UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW.USDD disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon. SERVICE AGREEMENT.The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program unless specifically contracted for between USDD and Customer.USDD offers a comprehensive post-Warranty Service Agreement at additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith. SOFTWARE PRODUCTS. All software Products delivered by USDD to Customer or for which USDD provides access,including, without limitation,USDD’s mobile application software and Products with embedded software or firmware (collectively, “Software”)are not sold and are licensed.At all times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the parties, Customer shall have a non-exclusive, non-transferable,fully paid license to use the Software, but only in conjunction with the Products provided by USDD and Customer’s fire station alerting system (the “License”).The terms of such Software License may be set forth in a separate software license agreement or end user license agreement provided by USDD with such Software.In no event shall Customer have any right to (or authorize or allow any third party to) distribute,sell,lend, rent, transfer, or convey the Software; grant any sublicense, lease, or other rights in the Software; decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct,identify, or discover any source code, underlying user interface architecture or techniques, or algorithms of the Software by any means; or take any action that would cause the Software or any portion of it to be placed in the public domain.In the event of a conflict between the terms of any Software license terms provided upon download or purchase a purchase and these Terms and Conditions, the relevant Software license terms shall control solely with respect to such Software. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 10 of 12 72 INTELLECTUAL PROPERTY:Customer hereby agrees and acknowledges that USDD owns all rights,title,and interest in and to the Intellectual Property (as defined below). Customer agrees to not remove, obscure, or alter USDD’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD’s Product (as defined below). Nothing herein shall be deemed to give, transfer, or convey to Customer any rights in the Intellectual Property other than the License, as set forth above.For purposes of this Section,“Intellectual Property"means any and all rights of USDD related to USDD’s Products existing from time to time under patent law,copyright law,trade secret law,trademark law,unfair competition law,and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effective worldwide. REMOTE ACCESS TO THE SYSTEM. 14.1.Remote Access.USDD requires remote network access to the Customer’s Products through Secure Shell (SSH)to perform implementation and support tasks under this Agreement.To enable remote network access,the Customer will provide USDD support personnel VPN or similar remote network access to the Products for USDD support personnel (“Customer Support”)to effectively troubleshoot critical or complex problems and to expedite resolution of such issues.Remote network access is also used to install core software upgrades and customized software.USDD will only access Customer’s Products with the knowledge and consent of Customer.USDD will not access any other systems or data. 14.2.Alternative to Network Access.If the Customer elects not to provide remote network access to the Products, then USDD may not be able to perform some support functions. Customers that elect not to routinely provide network access may temporarily reinstate this access to allow USDD to perform the above services.The following services will not be performed without this access:Product software upgrades; Product software customization; Network troubleshooting assistance including packet capture and network monitoring on USDD devices; Detailed log analysis; Bulk updates to certain Product database tables; Troubleshooting that requires low-level system access or large file transfer. 14.3.Timely Access.Customers much ensure that remote access is available prior to notifying USDD of a support request.In the event that the Customer is unable to provide remote access,USDD will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply. 14.4.Physical Security Tokens.USDD has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the USDD office. If the customer requires the use of physical security tokens, this may delay after hours service. GOVERNING LAW.This proposal and any contract or agreement resulting therefrom will be governed by and construed according to the laws of the State of Arizona without regard to its conflicts of law principles. DISPUTE RESOLUTION/ARBITRATION.Before either USDD or Customer initiate any dispute resolution process related to the Agreement, they must schedule a mandatory executive resolution conference to be held within thirty (30) days of receipt of the other party’s written request. The conference must be attended by at least one executive from each party.At the conference, each party will present its view of the dispute in detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute.If the dispute is not resolved within fifteen (15) days of the end of the conference or if one party refuses to attend the executive resolution conference, then USDD and Customer further agree that any remaining dispute between them arising out of or relating to this Agreement will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules,to the extent such rules are not inconsistent with this Section,in the AAA’s Phoenix regional office by a single, neutral arbitrator. Discovery may be conducted either upon mutual consent of the parties or by order of the arbitrator upon good cause being shown.In ruling on motions pertaining to discovery, the arbitrator shall consider that the purpose of arbitration is to provide for the efficient and inexpensive resolution of disputes, and the arbitrator shall limit discovery whenever appropriate to ensure that this purpose is preserved.The arbitrator shall permit dispositive motions and issue a written decision sufficient to explain the essential findings and conclusions and may award damages. Any award rendered by the arbitrator will be final and binding upon USDD and Customer, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.USDD and Customer expressly and irrevocably consent to the jurisdiction of the Maricopa County Superior Court of Arizona for such purpose.In the event a dispute is submitted to arbitration pursuant to this Section, the prevailing party shall be entitled to the payment of its reasonable attorneys’ fees and costs, as determined by the arbitrator. Each of the parties shall keep all disputes and arbitration proceedings strictly confidential, except for disclosures of information required by applicable law or regulation. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 11 of 12 73 FORCE MAJEURE.Except for Customer’s duty to pay sums due hereunder, neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure Event.As used herein,a “Force Majeure Event”is one that is beyond the reasonable control of the non- performing party and may include, but is not limited to: (a) delays or refusals to grant an export license or the suspension or revocation thereof, (b) embargoes, blockages, seizure or freeze of assets,or any other acts of any government that would limit a party’s ability to perform the Contract,(c) fires,earthquakes, floods, tropical storms,hurricanes, tornadoes, severe weather conditions, or any other acts of God, (d) quarantines, pandemics, or regional medical crises,(e) labor strikes, lockouts,or pandemic worker shortages,(f) riots,strife,insurrection,civil disobedience, landowner disturbances, armed conflict,terrorism or war,declared or not (or impending threat of any of the foregoing,if such threat might reasonably be expected to cause injury to people or property), and (g) shortages or inability to obtain materials or components.The party unable to fulfill its obligations due to Force Majeure will promptly (i)Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause and perform its obligations. If a Force Majeure Event results in a delay, then the date of performance will be extended by the period of time that the non-performing party is actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a period of time which is sixty (60) days or longer, USDD may provide notice to Customer that it is cancelling its Order. ACCEPTANCE OF TERMS.This proposal shall become a binding contract between the Customer and USDD when accepted in writing by the Customer. Without limiting the foregoing, issuance by Customer of a purchase order to USDD for any of the goods or services herein described shall constitute acceptance. Any such acceptance shall be with the mutual understanding that these Terms and Conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. No waiver, alteration, or modification of these terms and conditions shall be binding unless in writing and signed by an authorized representative of USDD. SEVERABILITY.In the event any provision or portion of a provision herein is determined to be illegal,invalid, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected and,in lieu of such provision,a provision as similar in terms as may be legal, valid, and enforceable shall be added hereto. WAIVER.The failure of either party to insist upon strict performance of any provision of these Terms and Conditions, or to exercise any right provided for herein, shall not be deemed to be a waiver for the future of such provision or right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any provision or right herein. NO JOINT VENTURE.The parties acknowledge that they are independent entities and nothing contained in these Terms and Conditions shall be construed to constitute either party hereto as the partner, joint venturer, employee, agent, servant, franchisee, or other representative of the other party hereto, and neither party has the right to bind or obligate the other, except as otherwise provided herein. Furthermore, nothing contained in these Terms and Conditions shall be construed to constitute Customer as an exclusive purchaser of the Products in any respect. THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 12 of 12 74 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7858 File ID: Type: Status: 2025-7858 Agenda Item Consent Agenda 2Version: Reference: In Control: City Council 01/07/2025File Created: Final Action: First Amendment for Metrocrest ARPA AgreementFile Name: Title: Consider approval or other action of a First Amendment to a Grant Agreement between the City of Coppell and Metrocrest Services for the provision of Enhanced Homeless Outreach Services, as provided in the American Rescue Plan Act Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Grant Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2025-7858 Title Consider approval or other action of a First Amendment to a Grant Agreement between the City of Coppell and Metrocrest Services for the provision of Enhanced Homeless Outreach Services, as provided in the American Rescue Plan Act Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: None. Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 1/10/2025 75 Master Continued (2025-7858) Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 1/10/2025 76 1 MEMORANDUM To: Mayor and City Council From: Traci E. Leach, Deputy City Manager Date: January 14, 2025 Reference: Consider approval or other action of a First Amendment to a Grant Agreement between the City of Coppell and Metrocrest Services for the provision of Enhanced Homeless Outreach Services, as provided in the American Rescue Plan Act (ARPA) Fund; and authorizing the City Manager to sign any necessary documents. 2040: Enhance the Unique 'Community Oasis' Experience Introduction: This item is presented for City Council consideration to amend the existing ARPA Agreement with Metrocrest Services to include enhanced homeless outreach services for the City of Coppell. The First Amendment provides additional services for Coppell to better utilize the existing American Rescue Plan Act (ARPA) funding allocated to Metrocrest Services. It is not a request to add funding. Background: On November 9, 2022, the City Council approved a Grant Agreement with Metrocrest Services as part of the City’s strategy to utilize funding allocated from the American Rescue Plan Act (ARPA). The initial term of the agreement began in FY23 and expires on September 30, 2025. The total amount allocated for the scope of services was $375,000, scheduled to be paid via three equal payments over fiscal years 2023, 2024, and 2025. The scope of services included in the original Agreement were Housing Stability and Financial Capability Program, Homeless Response, and Workforce Development. Through the first two years of the Agreement, Metrocrest has used $122,604 of the $250,000 allocated and still has a third installment of $125,000 due that has not yet been distributed. This is due to lower- than-expected utilization of eligible services by Coppell residents, which is positive in that there are fewer individuals and families that need assistance. The City’s desire is for the ARPA funds to be used for the benefit of Coppell residents. Unfortunately, the rate of utilization for the existing scope of services is not sufficient to expend the funds allocated by the end of the Agreement, which is currently September 30, 2025. 77 2 The City has been engaged with the Metrocrest team to discuss additional services that can benefit the community and meet with qualifications of both ARPA and Metrocrest. The proposed First Amendment will include the following: • Enhanced Homeless Outreach Services: The current ARPA Agreement includes homeless services. However, it is focused on diversion only, which includes services such as bus tickets, transportation to a substance abuse facility, bridge lodging, plus tasks such as acquiring documents to help homeless individuals obtain jobs and housing. The Enhanced Services will now include 2 years of dedicated training and education for staff and our community. It will also expand the support and coordination effort between Metrocrest Services and the City to include 2-3 site visits per week to Coppell and monthly coordination meetings with City staff and the Metrocrest Homeless Outreach team. • Salary Reimbursement for Direct Costs: Up to this point, the City was reimbursing Metrocrest for only the indirect costs associated with the services provided under the Agreement. This is capped at 10% of expenditures and covers the overhead costs such as utilities, facilities, and back of house support services like IT and HR. The First Amendment will allow for the pro-rated reimbursement of direct staff costs associated with the provision of services to Coppell residents. Direct cost reimbursement is an allowable expenditure of ARPA funds. • Extend the Term: The expiration date for the Agreement will be extended to December 31, 2026, which is the last day in which ARPA funds can be expended. Benefit to the Community: The scope of services included in the First Amendment will benefit the community by providing better support for City staff to coordinate with Metrocrest to help serve our unhoused persons. The First Amendment will more effectively and appropriately use the ARPA funds allocated to Metrocrest Services. Legal Review: The City Attorney has reviewed the agreement. Fiscal Impact: No additional funds are required to fulfill the scope of work outlined in the First Amendment. Recommendation: Staff recommends approval of this item. 78 Page | 1 First Amendment to Grant Agreement City of Coppell and Metrocrest Services, Inc. 4932-1129-7549, v. 1 STATE OF TEXAS § § FIRST AMENDMENT § TO GRANT AGREEMENT COUNTY OF DALLAS § This First Grant Agreement (the “Agreement”) is made by and between the City of Coppell, Texas, acting by and through its City Manager (the “City”) and Metrocrest Services, Inc. (“Metrocrest”), by and through its Executive Director, located in Dallas County. WITNESSETH: WHEREAS, the City has received American Rescue Plan Act (ARPA) funds to provide local funding to local agencies and organizations for community wellbeing and assistance to those impacted by the effects of the COVID-19 pandemic; and WHEREAS, Metrocrest serves a public purpose and will enhance the community in the City and provide a benefit to the wellbeing and recovery of the of its citizens; and, that such agreement will assist and promote the general health, safety and welfare of its citizens; and WHEREAS, the City and Metrocrest previously entered into a Grant Agreement on or about November 9th, 2022 (the “Original Agreement”), and the Parties desire to amend the original agreement; and NOW THEREFORE, in consideration of the foregoing, and other consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1. That Article II, Term of the Original Agreement is amended as follows: “Article II Term 2.1 This First Amendment shall begin on the Effective Date of October 1, 2024, and continue until the Expiration Date of December 31, 2026, unless sooner terminated as provided herein.” SECTION 2. That Article III, Grants of the Original Agreement is amended as follows: “Article III Grants … 3.2 Payment of Grants. The Grant shall be paid to Metrocrest in three (3) equal lump sum payments in the amount of One Hundred Twenty-Five Thousand and 00/100 79 Page | 2 First Amendment to Grant Agreement City of Coppell and Metrocrest Services, Inc. 4932-1129-7549, v. 1 Dollars ($125,000.00) each for a total sum not to exceed Three Hundred Seventy Five Thousand and 00/100 Dollars ($375,000) beginning in FY 2022/2023. The first payment will be made within thirty (30) days of execution of this Agreement; and final payment will be made within thirty (30) days of the remaining balance of funds is Twenty Thousand and 00/100 Dollars ($20,000.00) or less. … 3.4 Use of Funds. Metrocrest Services agrees that the Project funds will be dedicated solely to Eligible Residents of the City of Coppell for Expenditure Category 2: Negative Economic Impacts. The use of funds is governed by this Agreement, the ARP Act and all U.S. Treasury Department regulations or guidelines thereunder. Metrocrest Services hereby agrees to comply with all terms and conditions relating to the use of funds from the ARP Act. Metrocrest Services agrees to: a) Only use Project funds for expenditures made between October 1, 2024, and December 31, 2026; b) Document and justify that each project participant is an Eligible Resident; c) Ensure that Eligible Resident has not applied or received assistance for the same expenses from other federal, state, or local programs; d) Fund the costs of administering the Project in an amount not to exceed ten percent (10%) of all funds distributed under this Agreement. e) Staff Cost Recovery (Effective October 1, 2024): Reimbursement to Metrocrest for direct costs (staffing) dedicated to provision of services (will be prorated based on percentage of Coppell residents served for eligible ARPA services). This would not impact the indirect cost allocation of ten percent (10%).” 3.5 Repayment of Unused Funds. Any funds not expended as provided herein by 11:59 PM December 31, 2026, shall be returned to the City of Coppell within thirty (30) days. …” SECTION 3. That Exhibit A of the Original Agreement is amended as follows: “Exhibit A … • Enhanced Homeless Outreach Services (Effective January 1, 2025): The services described below represent an enhanced level of response that is not included in the City’s current ARPA scope of work or the City’s annual funding for services. 80 Page | 3 First Amendment to Grant Agreement City of Coppell and Metrocrest Services, Inc. 4932-1129-7549, v. 1 o Enhanced Coordination with Coppell: Monthly staff coordination meetings with Metrocrest staff and key stakeholders Two to three site visits per week for Coppell street outreach o Training for calendar years 2025 and 2026 (staff and community) SECTION 4. That the Original Agreement shall continue in full force and effect, except as amended by this First Amendment. SECTION 5. That this First Amendment shall be effective on the date this First Amendment (including all counterparts) bears the signature of the authorized representatives of all the Parties. SECTION 6. That this First Amendment may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all the counterparts shall constitute one and the same instrument. SIGNED AND AGREED this the _______ day of ___________, 2025. CITY OF COPPELL, TEXAS By: _______________________________ Mike Land, City Manager ATTEST: ____________________________ Ashley Owens, City Secretary APPROVED AS TO FORM: ____________________________ Robert E. Hager, City Attorney 81 Page | 4 First Amendment to Grant Agreement City of Coppell and Metrocrest Services, Inc. 4932-1129-7549, v. 1 SIGNED AND AGREED this the ________ day of ___________, 2025. METROCREST SERVICES, INC. By: ______________________________________ Tracy Eubanks, Chief Executive Officer ATTEST: ____________________________ APPROVED AS TO FORM: ____________________________ 82 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7812 File ID: Type: Status: 2024-7812 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 12/02/2024File Created: Final Action: PH: 552 Arbor BrookFile Name: Title: CONTINUED PUBLIC HEARING: Consider approval of PD-319-SF-12, a zoning change request from SF-12 (Single-Family-12) to PD-319-SF-12 (Planned Development 319- Single-Family-12) to approve an existing carport encroaching within the required side setback, located at 552 Arbor Brook Lane. Notes: Sponsors: Enactment Date: Memo.pdf, Appeal Letter.pdf, PZ Staff Report.pdf, Detail Site Plan.pdf, BOA Variance Memo.pdf, Building Permit Application.pdf, Floor Plan.pdf, Engineer's Letter.pdf, Site Photographs.pdf, Applicants Presentation.pdf, Petition.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 01/14/2025City CouncilPostponed12/10/2024City Council Text of Legislative File 2024-7812 Title CONTINUED PUBLIC HEARING: Consider approval of PD-319-SF-12, a zoning change request from SF-12 (Single-Family-12) to PD-319-SF-12 (Planned Development 319- Single-Family-12) to approve an existing carport encroaching within the required side setback, located at 552 Arbor Brook Lane. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 1/10/2025 83 Master Continued (2024-7812) Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Future Oriented Approach to Residential Development Create Business and Innovation Nodes Implement Innovative Transportation Networks Apply 'Smart City' Approach to Resource Management Sustainable Government Page 2City of Coppell, Texas Printed on 1/10/2025 84 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 14, 2025 Reference: CONTINUED PUBLIC HEARING: Consider approval of PD-319-SF-12, a zoning change request from SF-12 (Single-Family-12) to PD-319-SF-12 (Planned Development 319- Single-Family-12) to approve an existing carport encroaching within the required side setback, located at 552 Arbor Brook Lane. 2040: Create Business and Innovation Nodes Introduction: This item was continued at the December 10, 2024 City Council meeting. This is a Public Hearing to consider approval of PD-319-SF-12, a zoning change request from SF-12 (Single-Family-12) to PD-319- SF-12 (Planned Development 319- Single-Family-12) to approve an existing carport encroaching within the required side setback, located at 552 Arbor Brook Lane. Background: The property is part of the North Lake subdivision and has SF-12 zoning. The home was constructed in 1978, and the applicant purchased the property in 2019. The carport was constructed sometime between May 27th of 2022 and October 7th of 2022 without benefit of permits or inspections. A variance request to allow the carport in its existing location went before the Board of Adjustments (BOA) on September 5, 2024, and was denied. A Planned Development Zoning request to allow the carport in its existing location went before the Planning and Zoning Commission on November 21, 2024, and was also recommended for denial (3-1). The applicant appealed the Planning and Zoning Commission’s denial on November 25, 2024. The existing house has an attached two-car garage with a front-access driveway. As mentioned above, the carport was constructed sometime between May 27, 2022, and October 7, 2022, without benefit of permits or inspections. The owner applied for a building permit for this property on August 28, 2023, after a visit from Code Compliance. The permit application included the carport and other items on the property that were done without a permit. As stated earlier, this constructed carport does not meet the requirements of the Zoning Ordinance and the permit, when it was applied for after construction, was denied. The applicant then pursued a variance from the Board of Adjustment (BOA) on September 5, 2024, to allow for the carport to remain in its current location. The carport sits roughly on the property line with the adjacent property at 548 Arbor Brook Lane. At the BOA hearing, the adjacent neighbor who is most impacted by the carport’s location, opposed the request. The Board denied the request as there was no hardship found. The applicant chose not to appeal the request to District Court. 85 2 In preliminary discussions with Mr. Bonnot related to this Planned Development zoning request, staff indicated that each request is considered on its own merits and that staff would recommend denial of his request, as it does not meet the ordinance requirements, it is not a hardship, and has opposition from the affected neighbor. On November 21, 2024, the Planning and Zoning Commission denied (3-1) PD-319- SF-12. Benefit to the Community: N/A Legal Review: The City Attorney was present at the Board of Adjustment and the Planning and Zoning Commission Meeting. Fiscal Impact: None. Recommendation: The City Council DENY the PD request. If the City Council decides to approve the request, staff would request the following PD Conditions: 1. To allow the carport where it exists and cannot be expanded. Attachments: 1. Appeal Letter 2. PZ Staff Report 3. Detail Site Plan 4. BOA Variance Memo 5. Building Permit Application 6. Floor Plan 7. Engineer’s Letter 8. Site Photographs 9. Applicants Presentation 10. Petition 86 1 Mary Paron-Boswell From:Derric Bonnot <derric.bonnot@icloud.com> Sent:Monday, November 25, 2024 4:56 PM To:Mary Paron-Boswell Subject:Re: PZ Action Letter Yes, I would like to appeal. On Nov 22, 2024, at 11:14 AM, Mary Paron-Boswell <MParon-Boswell@coppelltx.gov> wrote: Dear Mr. Bonnot, This letter is to inform you that on Thursday November 21, 2024, PD-319-SF-12, 552 Arbor Brook Lane (Carport), a zoning change request from SF-12 (Single-Family-12) to PD-319-SF-12 (Planned Development – 319- Single-Family 12) to approve the existing carport located at 552 Arbor Brook Lane was recommended for DENIAL by a 3-1 vote of the Coppell Planning & Zoning Commission. As specified in Section 12-44-6.2 of the Zoning Ordinance, if you wish to appeal the decision of the Planning & Zoning Commission to City Council, a written request must be submitted to the Planning Department within 15 days of the Commission denial action to be scheduled for the December 10, 2024, City Council meeting. Please be advised that given the Commission’s recommendation for denial, a ¾ vote of Council (6 out of 7) is required to approve your request. Please be advised that if you choose to appeal, the Zoning Change sign must remain erected on the property until a decision is made by Council. If you chose to not appeal, then you may return the sign and your deposit will be refunded to you. Please let me know as soon as possible whether you wish to appeal of not, since this is a short time frame to submit for the December meeting. Mary Paron-Boswell Sr. Planner Community Development/ Planning City of Coppell, TX 972-304-3675 (office) www.coppelltx.gov <P&Z Action.pdf> CAUTION: This email originated from an external source. Avoid clicking on links, opening attachments, or replying unless you are familiar with the sender's email address and can confirm the content is secure. Ensure that you do not enter your credentials on any authentication page that does not belong to our organization. 87 ITEM # 7 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-319-SF-12, 552 Arbor Brook Lane - Carport P&Z HEARING DATE: November 21, 2024 C.C. HEARING DATE: December 10, 2024 STAFF REP.: Mary Paron-Boswell, Sr. Planner LOCATION: 552 Arbor Brook Lane, south of E. Bethel School Rd and west of Moore Rd. SIZE OF AREA: 0.4 acres of property CURRENT ZONING: SF-12 (Single-Family 12) REQUEST: A zoning change request from SF-12 (Single-Family-12) to PD-319-SF-12 (Planned Development 319- Single-Family-12) to approve an existing carport encroaching within the required side setback, located at 552 Arbor Brook Lane. APPLICANT: Owner: Derric Bonnot 552 Arbor Brook Lane Coppell, Texas 75019 469-323-4342 Email: derric.bonnot@icloud.com HISTORY: The property is part of the North Lake subdivision and has SF-12 zoning. The home was constructed in 1978, and the applicant purchased the property in 2019. The carport was constructed sometime between May 27th of 2022 and October 7th of 2022 without benefit of permits or inspections. A variance request went before the Board of Adjustments (BOA) on September 5, 2024, and was denied. HISTORIC COMMENT: This property does not have any historic significance. TRANSPORTATION: Arbor Brook Lane is a residential street. SURROUNDING LAND USE & ZONING: North: Residential – Single-Family Residential (SF-12) Northlake Woodlands South: Residential – Single-Family Residential (SF-12) Northlake Woodlands East: Residential – Single-Family Residential (SF-12) Northlake Woodlands West: Residential – Single-Family Residential (SF-12) Northlake Woodlands 88 ITEM # 7 Page 2 of 5 COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as Residential Neighborhood (Low and medium Single Family Residential). DISCUSSION: Background The subject property is a single-family residence on the northeast side of Arbor Brook Lane. The property is zoned SF-12 and is 0.4 acres in size. The home was constructed in 1978, and the applicant purchased the property in 2019. The existing house has an attached two-car garage with a front-access driveway. The carport was constructed sometime between May 27, 2022, and October 7, 2022, without benefit of permits or inspections. The Zoning Ordinance Section 12-35-5 of the Coppell Code of Ordinances, which governs zoning requirements for garages and carports, states: B. Garages and carports that are 150 square feet in area, or more, shall observe the following regulations: 2. Minimum property line setbacks: (b) Side: i. The same as the minimum setback required for the main structure unless the garage or carport has side alley access, then the side setback on that side shall be no less than 20 feet. iii. Ten feet from the main structure on an adjacent property. The width of the property at the front property line is 91.55-ft according to the survey provided, indicating that at a minimum the setback should be 9-ft from the side property line. The owner applied for a building permit for this property on August 28, 2023, that pertained to the carport and other work items on the property. As stated earlier, this constructed carport does not meet the requirements of the Zoning Ordinance and the permit, when it was applied for after construction, was denied. The applicant then pursued a variance from the Board of Adjustment (BOA) on September 5, 2024, to allow for the carport to remain in its current location. The carport sits roughly on the property line with the adjacent property at 548 Arbor Brook Lane. The BOA listens to cases and decides based on hardship. At the BOA hearing, the adjacent neighbor who is impacted by the carport’s location, opposed the request. The Board denied the request as there was no hardship found and the applicant chose not to appeal the request to District Court. The applicant then decided to request a variance through the PD process, which is why it requires a Public Hearing at the Planning and Zoning Commission and City Council. 89 ITEM # 7 Page 3 of 5 The applicant was aware of the request of the Sherwood Park neighborhood request to keep their carports. That request was substantially different in nature than what is being requested by Mr. Bonnot. Mr. Bonnot gathered signatures for a petition to keep his carport. He gathered signatures from other neighbors in his subdivision and adjacent streets. A map and list of addresses are included in the backup. In preliminary discussions with Mr. Bonnot, staff indicated that each request is considered on its own merits and that staff would recommend denial of his request, as it does not meet the ordinance requirements, it is not a hardship, and has opposition from the affected neighbor. Carport Elevations The carport elevations show that it was constructed of steel tubing and has steel members across the roof and wood slats along the roof and property line side. It is anchored into the driveway from a steel plate with bolts. The roof is angled with one end of the carport being 7’8” and the other end reaching 8’9”. There are three poles on the passenger sides of the carport and a 2’10” overhang at the entrance. The roof itself does not overhang along the sides of the structure. Staff has received a letter from an engineer relating to the carport, stating that it complies with conventional engineering and construction standards and 2015 International Residential Code for accessory uses and applicable uses. Staff is recommending DENIAL of the request. If the PZ Commission decides to recommend approval of the request, staff would request the following PD Conditions: 1. To allow the carport where it exists and cannot be expanded. 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. Detail Site Plan 2. BOA Variance Memo 3. Building Permit Application 4. Floor Plan 5. Engineer’s Letter 6. Site Photographs 7. Applicants Presentation 8. Petition 90 ADDRESS:RESIDENTIAL NEWADDITIONRC PLANSUSE:DRAWN BY:PLAN:DATE:07/10/2024SCALE:rcplans@outlook.com PAGE NUMBER: All the information in these plans is provided by the client and / or builder, the designer only limits himself to draw required plans for building permits and doesn't supervise construction or control of quality of materials, therefore the designer does not assume any type of responsibility derived from this project. The project owner is recommended to have professional supervision of a qualified architect or engineer for the review of plans and building's construction.1/8" = 1'-0"552 ARBOR BROOK LN, COPPELL, TX 75019 01SITE PLAN SCALE 1" = 30' VICINITY MAP FOR REFERENCE ONLY 1" = 20'SITE PLANAÑO 2009-2010-> CADJCRUZ2005@YAHOO.COM.MXN S W NWSWNESEE 91 255 Parkway Blvd. Coppell, TX 75019 TEL 972/304 3500 Fax 972/ 462/ 5318 MEMORANDUM TO: Coppell Board of Adjustment Commissioner FROM: Steve Schubert, Chief Building Official DATE: June 21, 2024 REF: September 5, 2024 Variance Hearing 255 Parkway Blvd. VAR24-05-000800 PUBLIC HEARING: A public hearing before the Board of Adjustment to consider a variance from Article 35, Section 12-35-5 of the City of Coppell Zoning Ordinance to allow for a 10’6”x21’ (220.5 sq. ft.) carport to be approximately a foot from the adjacent property line shared with the property addressed as 548 Arbor Brook Ln., with said carport being located on the property addressed as 552 Arbor Brook Ln. (North Lake Woodlands 3rd Sec, Block 4, Lot 18), as requested by the property owner Derric Bonnot. EXPLANATION: The zoning for the property is SF-12. Section 12-35-5 of the Coppell Code of Ordinances, which governs zoning requirements for garages and carports, states: B.Garages and carports that are 150 square feet in area, or more, shall observe the following regulations: 2.Minimum property line setbacks: (b)Side: i.The same as the minimum setback required for the main structure unless the garage or carport has side alley access, then the side setback on that side shall be no less than 20 feet. iii.Ten feet from the main structure on an adjacent property. If this variance is approved, the applicant would convert the garage, which currently accommodates two vehicles, into habitable space, eliminating those two enclosed parking spaces. 92 255 Parkway Blvd. Coppell, TX 75019 TEL 972/304 3500 Fax 972/ 462/ 5318 PROPERTY DESCRIPTION The subject property is a single-family residence on the northeast side of Arbor Brook Ln., fourth lot north of the intersection of Arbor Brook Ln. and Meadowcreek Rd. It was constructed in 1978, and the applicant purchased the property in 2019. The existing house has an attached one-car garage with a front-access driveway. VARIANCE REQUEST The applicant is requesting a variance to be allowed to keep the carport in its current location, being less than the 9’ requirement for this lot. SF-12 requires the side yard setback to be 10% (Front of lot is approximately 92’ wide). CASE HISTORY The applicant constructed the carport sometime between May 27th of 2022 and October 7th of 2022 without benefit of permits or inspections. The applicant has, however, submitted an application for a building permit for this property back on 8/28/23 to include this carport. The last set of plan review comments sent to the applicant on 11/29/23 asked for a third time for the distance measurements from the adjacent property line, which still has not been provided. ATTACHMENTS: Exhibit A: Variance application Exhibit B: Site Photos Exhibit Exhibit C: Building permit application 93 552 ARBOR BROOK LNJob Address: Permit ID: BLDR23-08-029139 Building (Residential) 265 Parkway Blvd, Coppell TX 75019 Office (972)304-3500 - Fax (972)462-5318 e-mail: inspect@coppelltx.gov Inspection Requests: https://energovprodweb.coppelltx.gov/EnerGov_Prod/SelfService Unit:Block:Lot: Subdivision: Project Name: We had the following work done to the exterior of our house. We demo'd the sidewalk and put in a new sidewalk and front patio area. We covered this with a slat-roof patio. On the back of the property, we replaced our existing deck with new material, as the old was rotting. There are 3 sets of stairs leading down from the patio to our backyard. We also covered one side of the patio with a pergola. And finally, on the north side of our house we covered a section of our driveway where I park my truck. Description: Issue Date: Work Class: Alteration Use: Valuation: $0 Permit Fees: $80.00 Contractor: NEED CONTRACTOR IT IS A PLACEHOLDER UNTIL THE CONTRACTOR OR SUBS CAN BE ADDED TO A PERMIT ONLY DENIED - NOT ISSUED 94 ³ ”” ¾” · · · · · · · · · ADDRESS:RESIDENTIAL NEWADDITIONRC PLANSUSE:DRAWN BY:PLAN:DATE:07/10/2024SCALE:rcplans@outlook.com PAGE NUMBER: All the information in these plans is provided by the client and / or builder, the designer only limits himself to draw required plans for building permits and doesn't supervise construction or control of quality of materials, therefore the designer does not assume any type of responsibility derived from this project. The project owner is recommended to have professional supervision of a qualified architect or engineer for the review of plans and building's construction.3/16" = 1'-0"552 ARBOR BROOK LN, COPPELL, TX 75019 02 PROPOSED FLOOR PLAN SCALE 1/8" = 1'-0"FLOOR PLAN95 ADDRESS:RESIDENTIAL NEWADDITIONRC PLANSUSE:DRAWN BY:PLAN:DATE:07/10/2024SCALE:rcplans@outlook.com PAGE NUMBER: All the information in these plans is provided by the client and / or builder, the designer only limits himself to draw required plans for building permits and doesn't supervise construction or control of quality of materials, therefore the designer does not assume any type of responsibility derived from this project. The project owner is recommended to have professional supervision of a qualified architect or engineer for the review of plans and building's construction.3/16" = 1'-0"552 ARBOR BROOK LN, COPPELL, TX 75019FOUNDATIONDETAILS 03 STEEL PLATE SCALE 3/16" = 1'-0" STEEL PLATE DETAIL SCALE 1" = 1'-0" 96 EAVE HEIGHT STEEL MEMBERS SCALE 1/8" = 1'-0" ADDRESS:RESIDENTIAL NEWADDITIONRC PLANSUSE:DRAWN BY:PLAN:DATE:07/10/2024SCALE:rcplans@outlook.com PAGE NUMBER: All the information in these plans is provided by the client and / or builder, the designer only limits himself to draw required plans for building permits and doesn't supervise construction or control of quality of materials, therefore the designer does not assume any type of responsibility derived from this project. The project owner is recommended to have professional supervision of a qualified architect or engineer for the review of plans and building's construction.3/16" = 1'-0"552 ARBOR BROOK LN, COPPELL, TX 75019 04FRAMINGPLANSTEEL ROOF ASEMBLY SCALE 1/8" = 1'-0" ROOF SCALE 1/8" = 1'-0" 97 ADDRESS:RESIDENTIAL NEWADDITIONRC PLANSUSE:DRAWN BY:PLAN:DATE:07/10/2024SCALE:rcplans@outlook.com PAGE NUMBER: All the information in these plans is provided by the client and / or builder, the designer only limits himself to draw required plans for building permits and doesn't supervise construction or control of quality of materials, therefore the designer does not assume any type of responsibility derived from this project. The project owner is recommended to have professional supervision of a qualified architect or engineer for the review of plans and building's construction.3/16" = 1'-0"552 ARBOR BROOK LN, COPPELL, TX 75019 05FRAMINGDETAILSISOMETRIC CARPORT DETAIL N.T.S.N.T.S.98 ALL STEEL NOT OTHERWISE NOTED SHALL BE PER ASTM A572 (Fy = 50 KSI) PER LATEST AISC SPECIFICATIONS. MACHINE BOLTS, ANCHOR BOLTS, AND THREADED STUDS SHALL BE PER ASTM A307, U.O.N. STEEL: ARE 3/16" GREATER THAN BOLT SIZE., U.O.N. HOLES: 1/16" GREATER THAN BOLT SIZE, EXCEPT FOR ANCHOR BOLTS WHICH DESIGN, FABRICATION AND ERECTION SHALL BE IN ACCORDANCE WITH A MINIMUM OF 2 1/2" OVER STEEL END SUPPORTS. CONDITIONS. THE ENDS OF K-SERIES STEEL JOISTS SHALL EXTEND BE FABRICATED TO ACCOUNT FOR JOIST SLOPE AND END BEARING MANUFACTURED TO FIT THE DIMENSIONS AND LOADS INDICATED ON THE STEEL JOISTS AND JOIST GIRDERS SHALL BE DESIGNED, DETAILED AND ANCHORS. BY PHILLIPS DRILL COMPANY, INC., OR HILTI CONCRETE EXPANSION CONCRETE EXPANSION ANCHORS: PHILLIPS REDHEAD CONCRETE ANCHOR PIPE COLUMNS SHALL BE PER ASTM A35, GRADE B, Fy = 35 KSI, OR ASTM A501, Fy = 36 KSI. TUBE STEEL SHALL BE PER ASTM A500, GRADE B, Fy = 46 KSI. ALL WELDING SHALL BE PER AWS STANDARDS, LATEST EDITION. ALL WELDING SHALL BE DONE BY SHIELDED ARC METHOD. ALL WELDERS SHALL BE PROPERLY QUALIFIED AND AWS CERTIFIED FOR THE KIND OF WELD THEY PERFORM. SURPLUS WELD SHALL BE DRESSES OFF TO SMOOTH, EVEN SURFACES WHERE WELDS ARE EXPOSED TO VIEW. ALL FIELD WELDING SHALL BE INSPECTED BY A TESTING LABORATORY APPROVED BY THE ENGINEER. ALL STEEL NOT ENCASED IN CONCRETE OR MASONRY SHALL HAVE ONE SHOP COAT OR RED LEAD OR ZINC CHROMATE. WELDING RODS SHALL BE LOW-HYDROGEN TYPE, E70. ALL BUTT WELDED SPLICES IN MATERIAL THICKER THAN 5/16" SHALL BE INSPECTED BY A TESTING LABORATORY APPROVED BY THE ENGINEER, TO CERTIFY ALL SPLICES AS MEETING OR EXCEEDING STRENGTH OF MATERIALS SPLICED. COPIES OF TEST REPORTS AND LETTER OF CERTIFICATION SHALL BE SUBMITTED TO ENGINEER. WELDS INDICATED MAY BE MAKE IN SHOP OR FIELD WITH APPROVAL. OPEN WEB STEEL JOISTS AND JOIST GIRDERS: PLANS AND IN THE STRUCTURAL NOTES. ENDS OF STEEL JOISTS SHALL LATEST EDITION OF STEEL JOIST INSTITUTE BY A MEMBER OF SJI APPROVED FOR THE TYPE OF JOIST BEING USED. ALL STEEL JOISTS SHALL BE MANUFACTURED WITH A POSITIVE CAMBER AS RECOMMENDED BY THE STEEL JOIST INSTITUTE. JOISTS AND BRIDGINGS SHALL BE INSTALLED IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE STEEL JOIST INSTITUTE. BRIDGING SHALL BE WELDED TO THE LEDGE ANGLES OR TO WELD PLATES AS SHOWN ON THE STRUCTURAL DRAWINGS. DO NOT DRILL THROUGH OR WELD TO JOIST OR GIRDER MEMBERS WITHOUT PRIOR APPROVAL. SEE DETAIL FOR ADDITIONAL WEB ANGLE REQUIREMENTS AT MISCELLANEOUS FRAMING CONDITIONS. WHERE JOISTS OR GIRDERS ARE CUSTOM DESIGNED TO MEET MINIMUM LOAD REQUIREMENTS ON DRAWINGS, CONTRACTOR SHALL SUBMIT DESIGN CALCULATIONS AND DETAILED SHOP DRAWINGS BOTH BEARING THE SEAL OF A CIVIL OR STRUCTURAL ENGINEER REGISTERED IN THE STATE IN COPES, BLOCK AND CUTS: ALL REENTRANT CORNERS SHALL BE SHAPED, NOTCH-FREE, TO A RADIUS OF AT LEAST 1/2". EXPOSED STEEL ROOF DECK: STEEL DECK INSTITUTE SPECIFICATIONS AND RECOMMENDATIONS APPLY. MATERIAL, DESIGN, MANUFACTURE, AND INSTALLATION SHALL BE 4 3 SIDE LAPS: AT 24" O.C. MARGINAL WELDS (SUPPORT PARALLEL TO CORRUGATIONS): 1/2" EFFECTIVE DIAMETER PUDDLE WELD IN FIVE VALLEYS OF DECK. EXPOSED ROOF DECK: WELDING OF ROOF DECK: DECK SHALL BE 1 1/2" DEEP, TYPE HSB, 22 GAUGE, PAINTED, WITH MINIMUM I = 0.183 IN , S = 0.209 IN , PER FOOT WIDTH OF DECK. STRUCTURAL CONSTRUCTION OBSERVATION: IT IS THE CONTRACTOR'S RESPONSIBILITY TO INSPECT ALL STRUCTURAL WORK FOR CONFORMANCE WITH THE CONTRACT DOCUMENTS. ANY STRUCTURAL CONSTRUCTION OBSERVATION PROVIDED BY OTHERS DOES NOT RELIEVE CONTRACTOR FROM THE APPROVED PLANS THAT ARE FOUND AT A LATER DATE AND ARE DECLARED TO BE SIGNIFICANT WITH ALL DISPATCH AT THE CONTRACTOR'S EXPENSE. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ADEQUATE FACILITIES FOR THE STRUCTURAL CONSTRUCTION OBSERVED, TO ALLOW HIM TO PERFORM HIS WORK SAFELY AND EFFICIENTLY. INTERMEDIATE AND END WELDS AT EACH TRANSVERSE SUPPORT (JOISTS, ROOF DECK WITH LIGHTWEIGHT INSULATING CONCRETE: EXPOSED ROOF DECK: BEAMS, ANGLES, PLATES, ETC.): 3/8" EFFECTIVE DIAMETER PLUG WELD, IN 14 GAUGE WELD WASHER, 1/2" EFFECTIVE DIAMETER PUDDLE WELD AT 24" O.C. ROOF DECK WITH LIGHTWEIGHT INSULATING CONCRETE: N/A EXPOSED ROOF DECK: BUTTON PUNCH AT 24" O.C. SHEAR TIE ANGLES, DRAG STRUTS, AND DIAPHRAGM 1/2" EFFECTIVE DIAMETER PUDDLE WELD AT 24" O.C.; (SUPPORT PERPENDICULAR TO CORRUGATIONS): 1/2" EFFECTIVE DIAMETER PUDDLE WELD IN ALL VALLEYS OF DECK. 1/2" EFFECTIVE DIAMETER PUDDLE WELD @ 12" O.C. ALL SIDES. PERIMETER @ OPENING FRAMING: CHORDS (SUPPORT PARALLEL TO CORRUGATIONS): EQUIVALENT TO VERCO MANUFACTURING, INC., OR EQUAL, U.O.N. RIGID FRAME TYPICAL SECTION SCALE 1/4" = 1'-0" ADDRESS:RESIDENTIAL NEWADDITIONRC PLANSUSE:DRAWN BY:PLAN:DATE:07/10/2024SCALE:rcplans@outlook.com PAGE NUMBER: All the information in these plans is provided by the client and / or builder, the designer only limits himself to draw required plans for building permits and doesn't supervise construction or control of quality of materials, therefore the designer does not assume any type of responsibility derived from this project. The project owner is recommended to have professional supervision of a qualified architect or engineer for the review of plans and building's construction.3/16" = 1'-0"552 ARBOR BROOK LN, COPPELL, TX 75019 06FRAMING PLANPILAR/CHORD ASSEMBLY SCALE 3/4" = 1'-0" 99 phone: 214.869.9539 | 1425 W. Pioneer, Suite 105, Irving, TX 75061 | www.MARANOT.com September 2, 2024 TO WHOM IT MAY CONCERN: Dear Sirs: I inspected and evaluated numerous additions and alterations to the property at 552 Arbor Brook Lane, in Coppell, Texas. The city has a permit pending completion under Permit Number 029139. The additions and alterations have been identified on plans that I have reviewed and have used as basis for my evaluations. The additions and alterations are identified on the two attached lists. I have made a professional engineering evaluation of each item and its components and certify that all items comply with conventional engineering and construction standards and 2015 International Residential Code for accessory uses and applicable uses. It is my professional engineering opinion that the remodeled areas are structurally sound and suitable for each intended use. The new assemblies comply with 2015 International Residential Code, Metal Building Manufacturers standards, and with applicable engineering codes for structural strength and stability. Thank you for the opportunity to assist on this matter, and please call if you have any questions. Sincerely, Xavier Chapa, P.E., R.P.L.S. XAVIER CHAPA ENGINEERING/SURVEYING Firm Number F-9156 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 •Over 75% of the homes in 552 Arbor Brook Ln.’s neighborhood (Northlake Woodland Estates, Section 3) signed the petition. 25 out of 32 Homes. •Over 50% of the homes in 552 Arbor Brook Ln.’s surrounding neighborhood (Northlake Woodland Estates, Sections 1-5) signed the petition. 108 Out of 202 Homes. •In addition, 10+ neighbors in surrounding neighborhoods who walk their dogs regularly on Arbor Brook Ln. signed the petition. 124 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7827 File ID: Type: Status: 2024-7827 Agenda Item Public Hearing 3Version: Reference: In Control: City Council 12/12/2024File Created: Final Action: Singas PizzaFile Name: Title: PUBLIC HEARING: Consider approval of a zoning change request from PD-157R8-C (Planned Development-157 Revision 8-Commercial) to PD-157R9-C (Planned Development 157-Revision 9-Commercial) to allow the operation of a 1,167-square-foot restaurant located at 817 S MacArthur along the west side of S MacArthur Blvd; south of E Belt Line Road at the request of MM Valley Ranch, LLC, being represented by Mark Guest, Ebarb + Guest Architecture. Notes: Sponsors: Enactment Date: Memo.pdf, Site Plan.pdf, Floor Plan & Store Hours.pdf, Elevations & Sign Plan.pdf, Applicant's Narrative.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/19/2024Planning & Zoning Commission Text of Legislative File 2024-7827 Title PUBLIC HEARING: Consider approval of a zoning change request from PD-157R8-C (Planned Development-157 Revision 8-Commercial) to PD-157R9-C (Planned Development 157-Revision 9-Commercial) to allow the operation of a 1,167-square-foot restaurant located at 817 S MacArthur along the west side of S MacArthur Blvd; south of E Belt Line Road at the request of MM Valley Ranch, LLC, being represented by Mark Guest, Ebarb + Guest Architecture. Summary Page 1City of Coppell, Texas Printed on 1/10/2025 125 Master Continued (2024-7827) Fiscal Impact: This will generate additional sales tax revenue. Staff Recommendation: The Community Development Department recommends approval of this request. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 1/10/2025 126 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 14, 2024 Reference: PUBLIC HEARING: Consider approval of a zoning change request from PD-157R8- C (Planned Development-157 Revision 8–Commercial) to PD-157R9-C (Planned Development 157-Revision 9-Commercial) to allow the operation of a 1,167-square- foot restaurant located at 817 S MacArthur along the west side of S MacArthur Blvd; south of E Belt Line Road at the request of MM Valley Ranch, LLC, being represented by Mark Guest, Ebarb + Guest Architecture. 2040: Create Business and Innovation Nodes Introduction: This item is presented to consider approval of a zoning change request from PD-157R8-C (Planned Development-157 Revision 8–Commercial) to PD-157R9-C (Planned Development 157-Revision 9- Commercial) to allow the operation of a 1,167-square-foot restaurant located at 817 S MacArthur along the west side of S MacArthur Blvd; south of E Belt Line Road. Background: The purpose of this request is to allow a Singa’s Pizza restaurant to occupy lease space that was not previously designated as restaurant space. This site abuts residential to the west. Therefore, a Special Use Permit would typically be required, but the current zoning is a Planned Development (PD) to the approval of the restaurant use can be considered through a PD amendment. In addition to allowing for the use, a PD condition is requested to allow for a five-parking space exception to the shared parking provided on Lots 1 & 3, Block A. A parking analysis plan was provided on the Site Plan. This indicates that 209 parking spaces are existing and 214 are required. All restaurant users require one parking space per 100 square feet. Singa’s Pizza is 1,120 square feet so it requires 11.2 parking spaces. Medical office requires one parking space per 175 square feet and retail/service uses require one parking space per 200 square feet. The StunP (U-Haul) business is listed as the Business number 4 in the parking chart. It would typically only require 6 parking spaces for the storefront for the rental of U-Hauls but 18 spaces are shown because 12 were to be used for the storage of U-Haul Trucks in the rear of the building. While reviewing the plans for the Signa’s Pizza, staff visited the site and witnessed many more parking spaces being used for the storage of the U-Hauls. In consultation with the property owner, they 127 2 assured staff that no more than the 12 designated spaces are to be utilized at any one time for U-Haul Storage. The property owner reminded the tenant to only park trucks/trailers within the designated U-Haul parking spaces that have been painted on the spaces. Because these spaces are in the back of the building away from all other prime parking, this is a special case where staff supports the reservation of parking spaces. There are no proposed changes to the exterior of either of the buildings other than the addition of attached signage as shown on the building elevations. This is compliant with the sign section of the Zoning Ordinance. The existing PD Conditions related to setbacks, landscape buffers and shared parking/dumpster agreements are being carried forward with the addition of the following conditions: 1. Proposed PD to increase allowed restaurant area on Lots 1 & 3, Block A to 10,120 square feet. 2. Proposed PD to utilize an exception to allow 209 parking spaces to accommodate the proposed increase in restaurant uses that would typically require 214 parking spaces. The proposed hours of operation are daily from 10:00 a.m. to 12:00 a.m. Staff recommends approval, subject to the conditions outlined in the recommendation section. Benefit to the Community: This will add another restaurant option for residents. Legal Review: N/A Fiscal Impact: This will generate additional sales tax revenue. Recommendation: On December 19, 2024, The Planning and Zoning Commission recommended unanimous approval (6-0) subject to the following conditions: 1. Proposed PD to increase allowed restaurant area on Lots 1 & 3, Block A to 10,120 square feet. 2. Proposed PD to utilize an exception to allow 209 parking spaces to accommodate the proposed increase in restaurant uses that would typically require 214 parking spaces. 3. Hours of operation shall not exceed 10 a.m. to 12:00 a.m., daily. 4. Proposed signage shall require a permit. 5. A grease trap be installed that is adequately sized to support the restaurant use. Attachments: 1. PZ Staff Report 2. Site Plan 3. Floor Plan & Store Hours 4. Elevations & Sign Plan 5. Applicant’s Narrative 128 Page 1 of 1 Sheet Number:Copyright © Ebarb + Guest Architecture, LLC.Sheet Name: EGA Project No: Ebarb + Guest Architecture www.ebarbguest.com 214.247.6836 2022.005.01SINGAS PIZZA & RESTAURANT817 S. MacArthur Blvd, Coppell, TX 75019REVISION SCHEDULE NO.DESCRIPTION DATEINTERIOR FINISH-OUT FROM PROTOTYPICAL DESIGNSite PLAN01SCALE: 1" = 40'-0" 1,167 SF Suite Location NOTE: SITE PLAN IS INTENDED TO REFERENCE THE LOCATION OF THE INTERIOR FINISH-OUT. THERE ARE NO CHANGES TO THE DRIVES, PARKING OR SIDEWALKS. ALL CHANGES ARE INTERIOR TO THE BUILDING ENVELOPE.A-001 SITE PLAN NOTES: 1. PROPOSED PD TO INCREASE ALLOWED RESTAURANT AREA ON LOTS 1 & 3, BLOCK A FROM 8,400 SF TO 10,120 SF. 2. PROPOSED PD TO UTILIZE AN EXCEPTION TO ALLOW 209 PARKING SPACES TO ACCOMMODATE THE PROPOSED INCREASE IN RESTAURANT USES THAT WOULD TYPICALLY REQUIRE 214 PARKING SPACES. 3.TYPICAL PARKING SPACES ARE 9'X18'. 4. EACH LOT SHALL BE RESPONSIBLE FOR MAINTENANCE OF THEIR OWN LOT'S PAVING, LANDSCAPING, AND UTILITIES. PD CONDITIONS: 1. SETBACKS FOR LOT 3, BLOCK A TO BE AS SHOWN ON THE PLAN. 2. INTERNAL LANDSCAPE BUFFERS SHALL BE AS NOTED ON THE PLAN. 3. SITE IS SUBJECT TO A SHARED PARKING AGREEMENT BETWEEN LOT 1 & 3, FILED & RECORDED IN DALLAS COUNTY ON FEBRUARY 26, 2021. DOCUMENT #:202100054436 RECEIPT #:20210226000502 4. SHARED DUMPSTER AS SHOWN ON PLAN BETWEEN LOT 1 AND 3, BETWEEN LOT 1 & 3, FILED & RECORDED IN DALLAS COUNTY ON FEBRUARY 26, 2021. DOCUMENT #:202100054435 RECEIPT #:20210226000502. 129 7 2 4 5 3 12 10 SS HOOD 1514 10'x8' w.i.c.13 10 11 HC EXIST. RESTROOM 7 9SS HOOD 1 SINGAS PIZZA FOOD SERVICE EQUIPMENT SCHEDULE ITEM QTY DESCRIPTION MANUFACTURER certif. UL, NSF BTUCONNIWWHWCWKWHPAMPS GASPLUMBINGELECTRICAL MODEL #Y/VPHSUPPLYINSTALL ?GCGCOWNR DOOR SCHEDULE DOOR NUMBERDOOR HANDLINGTYPESIZE WIDTH x HEIGHT x THICKNESS MATERIALDOOR FIN.FRAME FIN.HEADJAMBMATERIALTHRESHOLDTHROAT (INCHES)FRAME HARDWARE SETFIRE RATINGREMARKS HARDWARE SETS HARDWARE ITEM QUANTITY MANUFACTURER MODEL FINISHSET REMARKS DOOR & HARDWARE NOTES EXIST. ELEC. PANEL EXIST. RESTROOM A-2 ASSEMBLY OCCUPANCY - RESTAURANT 1 212 HOURS OF OPERATION: A-003 FLOOR PLAN & EQUIPMENT PLAN & SCHEDULES floor plan01 SCALE: 1/8" = 1'-0" LEFT ELEVATION06 existing floor plan02SCALE: 1/8" = 1'-0" door types & hardware sets05 door & window schedule04 SCALE: 3/8" = 1'-0" Occupancy plan03SCALE: 1/8" = 1'-0" SPRINKLERED 1,167 SF Sheet Number:Copyright © Ebarb + Guest Architecture, LLC.Sheet Name: EGA Project No: Ebarb + Guest Architecture www.ebarbguest.com 214.247.6836 2022.005.01SINGAS PIZZA & RESTAURANT817 S. MacArthur Blvd, Coppell, TX 75019REVISION SCHEDULE NO.DESCRIPTION DATE A TTS XETEFO SAJohn M a rk G u est229 9 2REGISTERED ARC HI TECT06/31/2025 REG. NO. 22992INTERIOR FINISH-OUT FROM PROTOTYPICAL DESIGN130 SINGAS PIZZA - FRONT ELEVATION1052SINGAS PIZZA - REAR ELEVATION1SIGNAGE3A-002EXTERIORELEVATIONSSheet Number:Copyright © Ebarb + Guest Architecture, LLC.Sheet Name:EGA Project No:Ebarb + Guest Architecturewww.ebarbguest.com214.247.68362022.005.01SINGAS PIZZA & RESTAURANT 817 S. MacArthur Blvd, Coppell, TX 75019REVISION SCHEDULENO.DESCRIPTIONDATEINTERIOR FINISH-OUT FROM PROTOTYPICAL DESIGN 131 Singas Pizza Our story In 1967, Mr. and Mrs. Bill Singas opened the flrst Singas Famous Pizza restaurant in Elmhurst, New York. During its flrst year of operations, Gregory Tsanis, our CEO and president went to work for Mr. and Mrs. Singas. Greg was born in Greece, where he lived for 14 years before arriving in the U.S. with his family. In Greece, Greg learned that food is infiuenced by a variety of ingredients, which are combined by hand to create a distinctly unique meal. Greg worked with Bill Singas for many years learning the art of making pizza and other menu items the way food was created. In 1977, Greg and his brother, Chris, purchased the business from Bill Singas. Together, they operated the original store in Elmhurst and branched out, opening new stores in the tristate area. The expansion In 2004, due to an overwhelming number of requests, Greg decided to begin franchising the Singas Famous Pizza concept and product. Today, after decades of building its reputation, Singas Famous Pizza is beginning the next phase in its history. In its expansion, and in franchising the business and concept, Greg’s paramount concern is to adhere to the three core guiding principles that have made Singas Famous Pizza the success that it is today, maintaining its reputation for over 40 years: Quality and Consistency, Cleanliness and Customer Service. To date, there are a total of 33 restaurants currently operating and 16 more restaurants opening soon. The Singas difference Singas hand-made pizzas, salads, sandwiches, and pasta dishes, combined with fresh ingredients, make Singas distinct. Our unique sauce recipe and dough recipe have been consistent over time and stay true to our original fiavors and crispy crust our customers love. Singas prides itself on made-to-order menu items for each guest, served to each guest with the same personal attention. 132 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7828 File ID: Type: Status: 2024-7828 Agenda Item Public Hearing 2Version: Reference: In Control: City Council 12/12/2024File Created: Final Action: Jason's DeliFile Name: Title: PUBLIC HEARING: Consider approval of PD-320-TC, a zoning change request from TC (Town Center) to PD-320-TC (Planned Development 320- Town Center) to allow the operation of a 4,618 square-foot drive-through restaurant located along the east side of Denton Tap Road; North of Town Center Blvd at 240 N. Denton Tap Road on 1.674 acres of property. Notes: Sponsors: Enactment Date: Memo.pdf, PZ Staff Report.pdf, Site Plan.pdf, Landscape Plan.pdf, Building Elevations.pdf, Floor Plan.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved12/19/2024Planning & Zoning Commission Text of Legislative File 2024-7828 Title PUBLIC HEARING: Consider approval of PD-320-TC, a zoning change request from TC (Town Center) to PD-320-TC (Planned Development 320- Town Center) to allow the operation of a 4,618 square-foot drive-through restaurant located along the east side of Denton Tap Road; North of Town Center Blvd at 240 N. Denton Tap Road on 1.674 acres of property. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 1/10/2025 133 Master Continued (2024-7828) Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Future Oriented Approach to Residential Development Create Business and Innovation Nodes Implement Innovative Transportation Networks Apply 'Smart City' Approach to Resource Management Sustainable Government Page 2City of Coppell, Texas Printed on 1/10/2025 134 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 14, 2025 Reference: PUBLIC HEARING: Consider approval of PD-320-TC, a zoning change request from TC (Town Center) to PD-320-TC (Planned Development 320- Town Center) to allow the operation of a 4,618 square-foot drive-through restaurant located along the east side of Denton Tap Road; North of Town Center Blvd at 240 N. Denton Tap Road on 1.674 acres of property. 2040: Create Business and Innovation Nodes Introduction: This is a public hearing to consider approval of PD-320-TC, a zoning change request from TC (Town Center) to PD-320-TC (Planned Development 320- Town Center) to allow the operation of a 4,618 square-foot drive-through restaurant located at 240 N. Denton Tap Road on 1.674 acres of property. Background: This request is to allow a 4,618-sf Jason’s Deli restaurant with a drive-through to occupy the lease space at the northern end of the existing building. The restaurant will provide dine-in and carryout services. There is no patio proposed for this location. The applicant has requested the hours of operation to be 10 a.m. to 10 p.m., seven days a week. This building currently has no restaurants, although it has been home to several smaller restaurants in the past (Taco Del Mar, Carvel Ice Cream, Little Caesar’s Pizza and Healthy Me Marketplace). It is attached to 230 N. Denton Tap which does currently have several restaurants. The site was constructed and parked to accommodate office, retail and restaurant uses. The PD request is two-fold. First, to allow a restaurant with a drive-through at the north end of the building and second, to allow the change in the amount of landscaping provided. The original request in 2003 was approved without the drive-through component to provide all of the required landscaping. The building will remain the same except for the addition of the drive-through area where a drive-through window will be added and dressed in a combination of porcelain tile and faux wood wall cladding. The biggest change to this site is the removal of a landscape area to allow for a drive-through lane. The drive-through lane is approximately 10-ft wide and 200-ft long. To offset the landscape area deficiency, the applicant is proposing to add additional trees on-site in the islands, along the eastern perimeter and in the drive-through area. In addition, they will be providing some hardscape in the 135 2 form of stamped concrete at the entrance and exits of the drive-through area. Benefit to the Community: Provides jobs and additional restaurant opportunities. Legal Review: N/A Fiscal Impact: N/A Recommendation: The Planning and Zoning Commission recommended APPROVAL of PD-320-TC, subject to the following PD conditions: 1. To allow for a restaurant with a drive-through area as presented. 2. To allow for the landscaping as presented. 3. Hours of operation shall not exceed 10 am to 10 p.m., daily. 4. Any proposed signage shall require a separate submittal and permit. 5. The restaurant must be served by an adequately sized grease trap on-site. ATTACHMENTS: 1. PZ Staff Report 2. Site Plan 3. Landscape Plan 4. Building Elevations 5. Floor Plan 136 ITEM #7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-320-TC, Town Center Addition Lot 2, Block 3 (Jason’s Deli Drive-Through) P&Z HEARING DATE: November 19, 2024 C.C. HEARING DATE: January 14, 2025 STAFF REP.: Mary Paron-Boswell, AICP, Sr. Planner LOCATION: 240 N. Denton Tap Road SIZE OF AREA: 1.674 acres of property CURRENT ZONING: TC – Town Center REQUEST: A zoning change request from TC (Town Center) to PD-320-TC (Planned Development 320- Town Center) to allow the operation of a 4,618 square-foot drive-through restaurant located along the east side of Denton Tap Road; North of Town Center Blvd at 240 N. Denton Tap Road on 1.674 acres of property. APPLICANT: Owner: Engineer: CTC Village at Town Center, LP GPD Group 12300 Park Central Dr. 5050 Quorum Dr., Suite 338 Dallas, TX 75251 Dallas, Texas 75254 alen@yorkshire-us.com tbrowne@gpdgroup.com 330-572-2100 469-573-4306 HISTORY: This property, as well as surrounding properties, was zoned TC (Town Center) in the mid 1980’s. In September 2001, City Council approved a Site Plan for this tract of property to allow for the development of a 12,975-st retail/office/medical building, subject to “the elimination of the drive-through area to meet on-site landscape requirements of the Coppell Zoning Ordinance.” In June of 2003, Council approved a one-year extension of the Site Plan. The building has had several food services approved for this building, all requiring a SUP. HISTORIC COMMENT: This property does not have any historic significance. TRANSPORTATION: Denton Tap Road is a six-lane divided thoroughfare. 137 ITEM #7 Page 2 of 3 SURROUNDING LAND USE & ZONING: North: Truist Bank – TC (Town Center) South: Eleanor’s Square shopping center – TC (Town Center) East: Coppell Justice Center – TC (Town Center) West: Huntington Ridge subdivision; PD-129R2-SF-9 COMPREHENSIVE PLAN: The Amended Coppell 2030 Comprehensive Master Plan shows this property as Mixed Use Community Center (No Residential). DISCUSSION: This request is to allow a 4,618-sf Jason’s Deli restaurant with a drive-through to occupy the lease space at the northern end of the existing building. The restaurant will provide dine-in and carryout services. There is no patio proposed for this location. The applicant has requested the hours of operation to be 10 a.m. to 10 p.m., seven days a week. Site Plan This building currently has no restaurants, although it has been home to several smaller restaurants in the past (Taco Del Mar, Carvel Ice Cream, Little Caesar’s Pizza and Healthy Me Marketplace). It is attached to 230 N. Denton Tap which does currently have several restaurants. The site was constructed and parked to accommodate office, retail and restaurant uses. The PD request is two-fold. First, to allow a restaurant with a drive-through at the north end of the building and second, to allow the change in the amount of landscaping provided. The original request in 2003 was approved without the drive-through component, in order to provide all of the required landscaping. The other change is the addition of two parking spaces along the eastern portion of the site, which will require the removal of a portion of a parking island. Building Elevations & Signage The building will be a remain the same except for the addition of the drive-through area where a drive-through window will be added and dressed in a combination of porcelain tile and faux wood wall cladding. Although signage is shown on the building, no information was provided. All signage will need to comply with City requirements. Landscaping & Tree Mitigation The biggest change to this site is the removal of landscape area in order to provide for a drive-through lane. The drive-through lane is approximately 10-ft wide and 200-ft long. In an attempt to offset the landscape area deficiency, the applicant is proposing to add additional trees on-site in the islands, along the eastern perimeter and in the drive-through area. In addition, they will be providing some hardscape in the form of stamped concrete at the entrance and exits of the drive-through area. 138 ITEM #7 Page 3 of 3 RECOMMENDATION: Staff is recommending APPROVAL of PD-320-TC, subject to the following PD conditions: 1. To allow for a restaurant with a drive-through area as presented. 2. To allow for the landscaping as presented. 3. Hours of operation shall not exceed 10 am to 10 p.m., daily. 4. Any proposed signage shall require a separate submittal and permit. 5. The restaurant must be served by an adequately sized grease trap on-site. 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. Site Plan 2. Landscape Plan 3. Building Elevations 4. Floor Plan 139 1234524.0' 3.5' 10.0' 18.0'24.0'24.0'GPD GROUPProfessional Corporation12345BAJOB NO.CISSUED FOR:PERMITRECORDCONSTRUCTIONBID520 South Main Street, Suite 2531Akron, OH 44311330.572.2100 Fax 330.572.2101 JASON'S DELI 240 N. DENTON TAP ROADCOPPELL, TX 750192024259.01TOWN CENTER ADDITION, LOT 2, BLOCK 3 REV.DATE DESCRIPTION DESIGNERPROJECT MANAGERDrawing Name: O:\2024\2024259 JD\01_JD_Coppell TX\4_Working Files\00_CAD\A\VTC_Coppell_SITE.dwgJanuary 3, 2025 - tbrowne A-101SITE PLAN SITE PLAN KEYNOTES1234567891011121314151617EXISTING CURB TO REMAINEXISTING FIRE LANE TO REMAINEXISTING LANDSCAPE TO REMAIN, REFER TO LANDSCAPE PLANEXISTING PARKING STALLS TO REMAINEXISTING LIGHT POLES TO REMAINEXISTING SIDEWALK TO REMAINNEW CURBNEW DRIVE THRUTWO NEW PARKING SPACESENLARGED TRASH ENCLOSURERELOCATED REMOTE FDCMENU BOARDDRIVE THRU WINDOWEXISTING GREASE TRAPSSTAMPED CONCRETE, RE: LANDSCAPE PLANDRIVE THRU CANOPY'SLOW - PEDESTRIAN CROSSING' SIGN20402010NOWNER:CTC VILLAGE at TOWN CENTER, LP12300 Park Central DriveDallas, TX 75251ZONING: TOWN CENTERSITE AREA:1.674 ACRESBUILDING AREA:12,732 SFBUILDING HEIGHT:EXISTING (NO CHANGE)PROPOSED LOT COVERAGE: EXISITNG (NO CHANGE)FLOOR AREA RATIO: EXISTING (NO CHANGE)SITE PLAN - VILLAGE at TOWN CENTER -TOWN CENTER ADDITION, LOT 2, BLOCK 3DATE: NOVEMBER 15, 2024PARKING REQUIRED:88 SPACESRETAIL - 8,114 SF @ 1/200 SF41 SPACESRESTAURANT - 4,618 SF @ 1/100 SF 47 SPACESPARKING PROVIDED:90 SPACES(INCLUDING HANDICAP)(4 SPACES)PROJECT INFO / TABULATION22111133444444444445555667777789101112134,618 SFNO PATIOPD CONDITIONS1. PARKING EXTENDS INTO PERIMETER LANDSCAPING AREAS2. APPROVE THE LANDSCAPING AS PROVIDED.14NOTE-THIS SITE PLAN REVISION IS TO ALLOW A DRIVE THROUGHRESTAURANT AT THE NORTHERN END CAP FOR JASON'S DELI(TOWN CENTER, LOT 3, BLOCK 3)(TOWN CENTER, LOT 1, BLOCK 3)15151617140 141 T O PARAPET21'-7"T O STOREFRONT9'-4"FIN. FLOOR3222222221111111112'-1"4'-6"(43 SF)CLAD-12T O PARAPET(E) 21'-7"T O STOREFRONT(E) 9'-4"FIN. FLOOR0'-0"T-1T-16433141115551114'-4"4'-4"2'-3"3'-4"(15 SF)(±5 SF)6662T O PARAPET(E) 21'-7"T O STOREFRONT(E) 9'-4"FIN. FLOOR0'-0"362222221111111112'-1"4'-6"(43 SF)6666622GPD GROUPProfessional Corporation12345BAJOB NO.CISSUED FOR:PERMITRECORDCONSTRUCTIONBID520 South Main Street, Suite 2531Akron, OH 44311330.572.2100 Fax 330.572.2101 JASON'S DELI 240 N. DENTON TAP ROADCOPPELL, TX 750192024259.01TOWN CENTER ADDITION, LOT 2, BLOCK 3 REV.DATE DESCRIPTION DESIGNERPROJECT MANAGERDrawing Name: O:\2024\2024259 JD\01_JD_Coppell TX\4_Working Files\00_CAD\A\A-201.dwgDecember 9, 2024 - tbrowne A-201EXTERIOR ELEVATIONS PRELIMINARY DRAFTNOT FOR CONSTRUCTION,BID, RELIANCE,RECORDING PURPOSESOR IMPLEMENTATION.NEW MATERIAL SCHEDULEMARK DESCRIPTIONMANUFACTURER / REP.MODELCLAD-1 WOOD LOOK WALLCLADDINGATAS INTERNATIONAL STERRACORE, .032 GAUGE ALUMINUM.COLOR: BIRCH (57) w/ SMOOTH TEXTURE.48" W x 144" L, 6MM THICKNESST-1 EXTERIOR PORCELAINTILECREATIVE MATERIALS CORP. /COLLECTION: METROPOLISCOLOR: BLACKFINISH: GLOSSYGROUT PRODUCT: MAPEI KERAPOXY CQGROUT COLOR: 5221 MOONBEAM--ELEVATION KEYNOTES123456EXISTING FINISHES TO REMAINEXISTING STOREFRONT TO REMAINSIGNAGE BY VENDOR, UNDER SEPARATE PERMITNEW DRIVE-THRU WINDOWNEW FINISHES AS SCHEDULEDBLACK-OUT FILMNOTE: ALL SIGNAGE UNDER SEPARATE PERMITCLAD-1T-1142 6'-5"7'-3"6'-5"7'-3"T1T1T1 C1C1C1B1T1T2T2T1T1T2T2T1T1T2C1C1C1C1C1C1 C1C1C1C1C1C1 C1C1C1C1C1C1 C1C1C1C1C1C1 C1C1C1 C1C1C15'-0"5'-2 3/4"T1T2C1C1C1C1C1C13'-0"3'-0"3'-0"5'-0"C44'-1 1/4"3'-11 1/2" 3'-9" 3 ' - 5 3 / 8 "T1T1T1T1T1C1C1 C1C1 C1C1 C1C1 C1 C1T1C1C1T1T1T1T1T1C1C1 C1C1 C1C1 C1C1 C1 C1T1C1C1T1C1C1T1C1C1T1 C1T1T1C1C1 C1C1T1C1C14'-9"4'-9" 3'-3"4'-1 3/8" 3'-2 1/8"5'-6"3'-0"4'-0"8'-1 3/8" 3'- 0 "3'-6 1/2"3'-0" 4'-6"GPD GROUPProfessional Corporation12345BAJOB NO.CISSUED FOR:PERMITRECORDCONSTRUCTIONBID520 South Main Street, Suite 2531Akron, OH 44311330.572.2100 Fax 330.572.2101 JASON'S DELI 240 N. DENTON TAP ROADCOPPELL, TX 750192024259.01TOWN CENTER ADDITION, LOT 2, BLOCK 3 REV.DATE DESCRIPTION DESIGNERPROJECT MANAGERDrawing Name: O:\2024\2024259 JD\01_JD_Coppell TX\4_Working Files\00_CAD\A\24 07 29 Test Fit\T-101 V6.dwgDecember 9, 2024 - tbrowne A-102EXTERIOR ELEVATIONS HOURS OF OPERATION: 10 AM to 10 PMNOTE: NO OUTSIDE PATIO PROPOSED143